244 
VETERINARY JURISPRUDENCE. 
breathing. These are the leading symptoms that are always pre¬ 
sent. I should not think this beast had been affected many days. 
It might possibly have been affected twelve or fourteen, and the 
disease arrested, and afterwards resumed. I have seen the lungs as 
heavy and consolidated when the disease has continued only three 
or four days. One lung was entirely consolidated. 
Re-examined.—I have no doubt but that any man who under¬ 
stood the disease would have discovered it on the Wednesday or 
Thursday. 
Mr. Chittock then addressed the bench for the defence. He 
remarked that he had materially shortened the case by admitting 
that the beast belonged to his client, who, when some communica¬ 
tion was made to him by Mr. Mendham, at once said the animal 
was his, but that he was not aware that it was suffering from 
pleuro-pneumonia when he sent it to Norwich. Under the 
section of the act which Mr. Tillet had read, it was to be observed 
that the defendant was to be deemed guilty unless he shows to the 
satisfaction of the justices that he did not know that the animal 
was affected, and could not with reasonable diligence have obtained 
such knowledge. If the defendant were permitted to give evidence, 
he would at once state that he had not such knowledge, but as he 
could not do this, he would call a veterinary surgeon, who examined 
the beast the day before it came to Norwich. Mr. Chittock having 
stated the facts deposed to by Mr. Lacey, as given below, proceeded 
to say that he w^as not going to question Mr. Smith’s evidence as to 
the state of the beast after it was killed. Mr. Smith stated that it 
was in an early stage of the complaint, and that he thought it might 
have been suffering three or four days. The question, however, was 
whether the veterinarian surgeon who examined the beast before it 
was sent to Norwich really formed the opinion that the animal w'as 
suffering, as he would state, from some affection of the liver. After 
hearing the evidence he was about to adduce, he (Mr. Chittock) 
believed the bench would say that Mr. Lubbock did all that any 
reasonable man could be expected to do, and that he did not know 
that the beast was affected with pleuro-pneumonia, and that he 
could not with reasonable diligence have obtained such knowledge. 
Mr. Lubbock was one of the magistrates for that division of the 
county in which Mr. Lacey was one of the inspectors appointed 
under the Cattle Plague Act, and he had reason to believe that Mr. 
Lacey was a competent man, he having practised for a number of 
years. Mr. Lacey did not discover the disease, and he (Mr. Chit¬ 
tock) should be able to show that Mr. Lubbock had no means of 
knowing that the beast was affected with it. 
Robert Lacey deposed—I have practised as a veterinary surgeon 
for the last thirty years, and live at Stalham. I was one of the 
inspectors appointed under the orders relating to the cattle plague, 
in the district in which Mr. Lubbock acts as a magistrate. I have 
been employed by Mr. Lubbock ever since he has been at Catfield 
Hall. He went there last Michaelmas tw^o years. I was first called 
in to see his bullock on Tuesday, the 22nd of December. I consi- 
