VETERINARY JURISPRUDENCE. 
809 
Mr. Thomas Batey, member of the Royal College of Veterinary Surgeons, 
and one of the veterinary inspectors to the Corporation of Stockton, had 
also examined the cow. He corroborated the evidence given by Mr. 
Hall. He made a post mortem , and examined the lungs of the cow, and 
found both lungs much consolidated, and three fourths of both lungs 
affected. 
Mr. Luck. —If as far back as January you had seen the animal con¬ 
tinually coughing, its coat standing on its back, eating heartily, and 
giving short milk, would that not alter your opinion as to the animal 
suffering from pleuro-pneumonia P 
Witness. —I don’t see what you want to be at. 
Mr. Luck. —Would the cow have been suffering from pleuro-pnemonia 
at that time ? 
Witness. —Had the cow been suffering from pleuro-pneumonia in 
January it would have been dead long ago. 
The Chairman. —But if the cow was suffering from these things in 
January, may not pleuro-pneumonia have supervened P 
Witness. —Most certainly. 
Mr. Luck. —Did you not, Mr. Batey, make a mistake in a case of 
alleged pleuro-pneumonia at .Norton, near Stockton, and did not you 
and Mr. Plews condemn a cow for pleuro-pneumonia, and were not the 
lungs afterwards sent to the London and Edinburgh Colleges, and 
certificates given by the professors that the lungs were affected with 
parasites, and was not the case so reported in the Veterinarian ? 
Witness. —I do not remember anything about it. 
This was the case for the respondents ; and 
Mr. Luck, in opening the case for the appellants, admitted, if the 
witnesses could be relied upon for accuracy, there would be an end of 
the case ; but he would call witnesses who would say this cow could not 
have been suffering from pleuro-pneumonia at all. 
The Chairman asked Mr. Luck if it was his intention to call professional 
gentlemen who had had an opportunity of seeing the animal when it was 
alive, or who had seen it when it was dead ? 
Mr. Luck said unfortunately he could not, inasmuch as they had 
applied to the Privy Council to have the animal exhumed, but the 
application was refused. He wished to call Mr. Stephenson, of 
Newcastle, and Mr. Peele, of Durham. 
The Chairman. —No one can have a higher opinion than I have for 
those two gentlemen, but it is clear they can only speak from what they 
have been told ; and I do not think the Bench will be justified in setting 
aside the evidence of witnesses who have made a post-mortem examination 
of the cow, and who saw it when it was alive, on the evidence of gentle¬ 
men who have not had that opportunity ; but, however, you can call 
your witnesses if you wish to do so. 
Mr. Luck. —I certainly hope you will not decide the case without 
hearing my evidence. 
The Chairman. —Very well, by all means call your witnesses. 
Leonard Burton, cattle dealer and farmer, living in Westmoreland, 
remembered buying the cow in question of a Mr. Beck, on the 14th of 
January last. He also remembered when he was driving her to Kirby 
Stephen station, to truck her for Darling Market, she put out her tongue 
and coughed. 
William Howe, agent to Messrs. Tarn, auctioneers, Darlington, had 
had the cow in his possession, and was aware she had a cough upon her 
in January last, and was suffering from consumption. 
John Snowden , farmer, Nag’s Head, Darlington, bought the cow on 
