236 
VETERINARY JURISPRUDENCE. 
were chasing* along by the Bowden Brook altogether, and stood against 
the pens. He went to examine them, and found them all of a reek and 
pother. He turned them out, when they went to another corner and 
blocked that up. Was not able to understand the cause, and he went 
and told his master : had never seen beasts in that state before : he 
could not smell, as he had no sense of smell. Saw the beasts every day 
from that time. A week or two after, he and his master, and Mr. 
Swingler went to see the beasts. They were quiet in the morning, but 
in the afternoon they were running about in the same manner as when 
he first saw them. When he saw the beasts at night they looked very 
thin and dirty. The day after that they were a little quieter ; but in a 
week after they were worse again. Mr. Pain and Mr. Dimblebee then 
saw them. The wind then came from the direction of the bone-mill : 
it was a dull day and foggy. 
By Mr. Serjeant Hayes —It was about the 20th of May that they first 
began to run about. He looked after them till they were sold oflf, at the 
end of the year. They ate little from June to December, although there 
was plenty of keep : gave them oilcake. The beasts acted quite different 
from gadding : never observed that gad-flies came with the east wind: 
sometimes they gad before May. 
John Swingler said he was a grazier. In May last he noticed the 
beasts upon the plaintiff’s land; they were in a very bad state indeed. 
Mr. Ashton asked him to go and look at them. He never saw beasts act 
in such a manner before, nor anybody else ; they appeared as though 
they had been running about very much. A few days after he again 
went to the plaintiff’s premises, for the purpose of going to Gumley 
with him. While in the plaintiff’s yard lie noticed a smell which was 
very disagreeable. He asked the plaintiff what he had about his pre¬ 
mises that smelt so bad. Plaintiff said that he had nothing at all that 
he knew of. He then went upon the road, but still smelt the same 
smell. He observed the direction of the wind to be north-east. When 
they returned from Gumley, he went to see the beasts again : and when 
they came to the Little Toft Close there came over a very strong vapour, 
and the beasts, which were lying down, got up and ran away as soon as 
the smell reached them. He said to the plaintiff, “ What on earth 
have you got here that smelis in this way?” He replied that he did 
not know that he had anything. They remained looking at them above 
half an hour. Saw the same beasts several times afterwards, when they 
were in the same state. After this they passed by the bone-mills, when 
they perceived a similar smell, though it w^as not so strong. It was a 
good summer for feeding beasts, and he never saw finer pastures. The 
loss upon the animals he estimated at from 40s. to 50s. per head. 
By Mr. Mellor .—Grazing was a good trade. The beasts were lying 
down, and as he approached them they got up; had seen them upon 
former occasions. When they got up he was a hundred yards from them. 
Perhaps they might take him for York. He grazed about one hundred 
acres. Did not use superphosphate of lime. It w^as a very good aftermath. 
Had good keep for the beasts, although the weather was dry. Had 
often seen the beasts restless before, but not for so long a time together. 
He lived about a mile and a half from these mills, but his land lay in a 
different direction to the plaintiff’s. The mill was perhaps a mile, or a 
mile and a half, from the town of Market Harhorough. The site of 
the mill was once a brick-yard. Mr. Ashton occupied rather more than 
fifty acres of his land, and it adjoins Mr. Paget’s. 
By Mr. Macaulay.— The beasts did not start off because he (witness) 
frightened them. 
