VETERINARY JURISPRUDENCE. 
235 
June, the wind again changed to the west. On the morning of that day 
Mr. Fisher came and saw the cattle, and after then the cattle became 
more quiet. At times they would run together, and not rest to feed. 
They did not really settle down before they went to London. About 
the middle of June the defendant’s mill stopped working. During the 
months of May and June the weather was hot and muggy. The beasts 
he fed last spring were very fine ; but by running about great injury was 
done to them. In some parts of the pasture the grass was trodden 
down, and quite bare; it was where the beasts had huddled together. 
Some of them were Herefords, some Short-liorns, and some Welsh. 
They cost him from £12 to £16, and when he disposed of them (believed 
in the months of August and December) some of them were not worth 
so much as they were when he bought them. He lost by them from 
40,y. to 50.9. per head. He had some other land on which he fed beasts; 
but it was not so good. Some of it was half a mile, and some three 
miles, from the laud in question. These animals were not affected ; 
and they did as well as could have been expected. 
By Mr. Mellor —Had been a grazier five years. This was the first time 
when he lost so much by his cattle. He had lost by odd beasts. It 
was a dry autumn last year, and he gave the beasts at the latter end of 
the year oil cake. This was his first occupation under Mr. Paget. He 
went down to Leicester that .Saturday to see Mr. Paget’s agent. He 
(plaintiff’) had business at Leicester, and Mr. Hubbard had a stand in 
the Corn Exchange, at the latter place. It would have interfered with 
his arrangements to have gone to Market Ilarborough instead of 
Leicester. It gave him an opportunity of calling upon Mr. Paget. 
Could not see the mill from any part of his farm. During that time of 
the year he was in the habit of going to Leicester every Saturday. 
Sometimes he saw Mr. Hubbard. Did say that when a man named 
York walked out, the beasts could smell him. He said the beasts would 
follow him, and he said that because the beasts smelt his clothes. 
The first time he observed the beasts in the peculiar condition 
nobody was with him. On the 10th of June, he was in company 
with a person, when he examined them. He lived next door to two 
butchers. One of them might boil his offal and fat; but he never 
observed a smell from it, upon his premises. The wind was in a con¬ 
trary direction from the butchers when he observed the smell from the 
mill. Did not see any breeze flies on either of the days mentioned. 
When beasts were affected by these insects, three out of fifty would, 
perhaps, galLp together about the field. A frequent galloping about 
for a length of time would make them thin. His beasts went in a body, 
like a regiment. Did not use superphosphate of lime for agricultural 
purposes. He occupied about eighty acres of arable land. Super¬ 
phosphate of lime was not so much used in that neighbourhood as others. 
By Mr. Macaulay —Did not go so far as to say that superphosphate of 
lime was necessary. It was on Saturday, the 2d of June, that he 
expected to see Mr. Hubbard at the Leicester market. On the 10th of 
June he took Mr. Swingler to look at the cattle. This was not 
Mr. Paget’s action. He brought it independently himself. Mr. Paget 
had property within twenty yards of the mill. Mr. Paget stopped 
proceeding with his indictment, because he (plaintiff) was proceeding 
with this action. 
William Taylor said he had been in the service of Mr. Ashton thirteen 
years. Last May he noticed the beasts in the Great and Little Toft 
Closes, in which were fifty and fifty-six beasts. He was in the adjoining 
field when he noticed them. When they got to the top of the hill they 
