226 
VETERINARY JURISPRUDENCE. 
mixture being too strong, and seemed to lament bitterly the occurrence. 
He stated that be had received some composition stuff from a person 
with whom he did not usually deal. When he saw his men using it he 
did not like it, and he returned that cask and got another. After they 
had been using that he did not like it either, and he ordered it to be re¬ 
turned. Mr. Elliott examined the sheep, and said it was no use going 
further; it was perfectly plain the sheep had been poisoned. The skins, 
it appeared, were sold to a skinner at 2s. each, and the carcases were 
buried. There had thus, said Mr. Manisty, been the cause, and there 
was also the effect. 
The following evidence was then called : 
James Black —I am the plaintiff in this action. I am a farmer living 
at New Heaton, which is a large farm. My son-in-law keeps a farm at 
Burton, near the Lucker Station. It is a farm of about 1000 acres. In 
1858 Mr. Brown’s stock was sold. I arranged to continue the lease, 
and purchased some of his stock of sheep. I bought a dipping bath. 
I still continue to live at New Heaton, Mr. Brown managing the farm. 
The sheep were very fine ones. Sheep are generally dipped before 
harvest. 1 had been recommended to purchase some sheep-dipping 
mixture. I had seen an advertisement in the Berwick Advertiser of a 
sheep-dipping mixture. [Advertisement of defendant read.] On 
Saturday, 7th August, I went to the shop of Mr. Elliott, who is a che¬ 
mist and druggist at Berwick. I was told that Mr. Elliott was from 
home. I saw a young man in the shop, and told him I wanted some 
mixture for dipping forty-five score of sheep. He said fourteen pack¬ 
ages would be sufficient. I said he had better send some more, for fear 
there was some more sheep. He said he would. I said he would know 
the quantity of soft soap needed, and he was to send it. I gave no 
order for naphtha: it was mentioned. No price was mentioned. 1 gave 
the young man the address, to send it to the Lucker Station for me. I 
was not aware of the ingredients. On the 17th August I went to Ber¬ 
wick by railway. At the Lucker Station I met my son-in-law. About 
400 sheep were then dead. I went lo look at the sheep with my 
son-in-law. We also went to Mr. Elliott’s. He was from home. 
I told the young man what had happened, and requested Mr. 
Elliott to be sent for. On the following morning I sent my son 
George to Burton; he returned on YVednesday. I was at the 
Corn hill Station to meet him. He gave me a package. It was in a 
paper like this—[produced one of Mr. Elliott’s labels]. My son had 
the carcase of a sheep in a large tub. I took it to Edinburgh, and 
arrived there the same evening. I put it in an enclosed place, and 
locked it up. I went to Professor Dick, a veterinary surgeon, and in the 
morning the sheep was taken to a dissecting room. Dr. Thompson was 
also there. I returned home, and on the following Saturday, the 21st, 
I called upon Mr. Elliott. I told him of my loss, and laid before him 
a statement of it. He said it was a bad job. 850 sheep died altogether: 
the value of them was £1737. 
Cross-examined—I have been a farmer for many years, and always 
dip sheep; I have always had them dipped every year for many years 
past. The object was to clean the skin of tick, lice, and such like. I 
suppose these washes contain dangerous ingredients. I believe it is 
known among farmers. 1 have heard they contain arsenic, more or less. 
I do not know how many gallons the washing tub will contain. I 
understood Mr. Elliott to say he would not pay, and that other people 
had used the same powders, and that nothing had happened. I think 
he mentioned Mr. Crow who had used the wash the same day. He did 
