656 
VETERINARY JURISPRUDENCE. 
the farm, but they had gone. In addressing the jury for the defence 
Mr. Collins admitted that some of the sheep had died from flukes. He 
did not deny it, but how they got them would be for the jury to decide. 
The sheep were warranted sound, and his case was that they were sound 
when sold to Mr. Jones. Defendant’s land was light and sandy, with 
the exception of two fields, and the veterinary surgeons whom he should 
call would tell them that it was almost impossible for the sheep to have 
contracted the disease, before they were sent to Marlborough Market. 
But the strongest part of the case was this. That the sheep which died 
were affected with fluke was undoubted, but Mr. Butler would tell them 
that the remainder of the flock of 266, out of which the 100 were drawn, 
were perfectly sound, had bred lambs, and had been recently sold for the 
full price as sound sheep. All the sheep were folded together, not in 
the pastures, but upon dry sandy down land, and they had all exactly 
the same treatment. In November he picked out 100 ewes and sent 
them to Marlborough, and the question was how they got from the fair 
to Mr. Jones’s farm. He assumed they did not contract the disease after 
they had got on to Mr. Jones’s land, because it had been proved to be 
good and dry sheep land. But they would remember that they were 
driven along with the 30 lambs which were bought at 16s. a-piece, and 
which were all affected with rot, and afterwards sold for a nominal sum. 
Then it would be folly to expect the jury to believe that sheep could be 
driven so many miles without picking the grass by the road side, and he 
should call witnesses to prove that they passed through a most infected 
district. It also seemed rather hard on Mr. Butler, that though the sheep 
were sold in November, he should have had no complaint till April. 
After hearing the evidence which he should bring before them, he 
thought the only conclusion they could come to would be that iu some 
way or other the sheep got the fluke after they left Mr. Butler’s farm. 
The veterinary surgeons -who had been called, and who had seen the 
sheep, had given the opinion, to the best of their knowledge, no doubt, 
that the sheep had been infected for at least six months, and if that were 
so it would be just about the time when the sheep were brought from 
Marlborough to plaintiff’s farm. In conclusion, he said he did not for a 
moment deny that the sheep were warranted, but their defence was that 
at the time they were sold they were sound sheep. 
James Butler , the defendant, examined by Mr. Goldney, said he succeeded 
his father on the farm at his death. His father occupied the farm about 
40 years. It was a sandy soil, with a brash or light stony sub-soil. It 
was a healthy farm for sheep. The two pasture fields that had been 
referred to were not heavy, and he never saw any water there in his life. 
He knew nothing of the plaintiff and the other gentleman coming. He 
went in an hour after, and on hearing that some one had been he searched 
the farm but they had gone. 
To Iiis Lordship .—The farm was 460 acres. 
Examination continued .—The flock numbered 266 originally. They had 
been folded on turnips, and feeding on dry pasture for three months pre¬ 
viously. The turnips were at the top of the farm, and the pasture land was 
round the house. It was very light and very dry—clean healthy pasture. 
The biggest part of the flock were over four years, and some might 
be a year younger. The 100 ewes left the farm on the 23rd November, 
and were folded that night at Mr. Everett’s, at Overton, near Marlboro’, 
and the next morning they went on to the fair. He had no doubt as to 
their soundness. The sheep came back to Bromham the same night, and 
were put in a field beside the house. He bought 118 lambs at Marlborough 
* E’air. His man came back with the ewes plaintiff bought, and also 30 
