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had been sold at Ballinasloe; the cattle remained that night at Shannon 
Bridge ; they slept at Frankfort the next night ; on the third night they 
slept at Tinnahinch; paid for the grass; there were no other cattle there; 
the cattle day, and the day before that at Ballinasloe, were fine days. 
To Mr. Maumell. — Prevented the cattle from mixing with other cattle 
every night. 
Mr. George Johnson examined by Mr. Byrne. — The herd brought- the 
cattle to his field after the fair ; observed two of them lying down on the 
field, and expressed the opinion that they had the distemper. 
Robert Hickey examined by Mr. H. Smy'the, Q,.C. — Was of the Dublin 
firm “Hickey and Hanberry ;” on the 19th of October sold a sick beast for 
the plaintiff for £7; she was badly affected with “ pleuro-pneumonia ;” 
considered that the disease was contagious; the beast must have been 
sick more than a month ; sold other sick animals for the plaintiff. 
Owen Dunne examined by Mr. Maun sell. — On the 14th of October 
brought a heifer of lot No. 1 1 to the butcher; on being opened that beast 
exhibited symptoms of disease ; the lungs and other parts were a mass 
of yellow matter. 
Joseph Kilbee examined by Mr. Byrne. — Is a salemaster in Liverpool and 
a grazier in Ireland ; several of the cattle were sent to him which had the 
lung disease : his experience was considerable ; the disease was latent 
about six weeks before it exhibited itself ; was examined as a witness 
before the House of Commons relative to the disease ; witness made the 
sales for the plaintiff : the cattle, if sound, would have brought £6 per 
head more than they did. 
To Mr. Buttersby. — Saw the cattle in the fair; did not observe them 
much, but thought at the time they were sold at a cheap rate ; considered 
that in a fat market, not a store market, both buyer and seller could know 
that disease existed in cattle if they were thin ; Liverpool was a fat market 
— a town market ; Ballinasloe a store or fair market ; cattle were often sold 
as sound that were unsound ; adhered to the evidence which he had given 
before the committee. 
Mr. Anthony Allen examined. — Is a salemaster ; lives in Wicklow ; is an 
extensive grazier; the disease is highly contagious; it did not develope 
itself earlier than six weeks ; had experience of the disease in cattle that 
had been sold to himself. 
Patrick Maher. — Is an extensive grazier in Meath ; the disease is con- 
tagious ; it takes a month or longer to develope the disease ; a beast whose 
lungs were a jelly on the 14th of October must have been infected before 
the 9 th. 
To Mr. Ball , Q.C. — Could not say whether the disease was in the air, or 
was communicated by food or touch, or by all of these ; but the general 
opinion amongst those with whom he associated was that the disease was 
contagious. 
Mr. Battersby, Q.C., stated the defendant’s case in an able speech. He 
knew it would be difficult to counteract the effect that had been made upon 
their minds by the address of his excellent and most plausible friend, 
Mr. MDonough. There was not any doubt that the plaintiff had sustained 
a loss ; the question was, who was to bear that loss ? The case for the 
defendant was, that he had 496 head of cattle, in lots of 30 each, and 
that not one of them was diseased. The beasts sold to other persons were 
sound; not a single one of them was unsound. The defendant was not 
only an honest dealer, but a liberal one also, and it would be a hard case if 
he were now obliged to pay the plaintiff for cattle that had taken the 
distemper after they left his hands. There were 98 beasts that had been 
bought in the month of April, The defendant did not tell the plaintiff that 
