The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1870-11-26

IN. C.p.hr..ed Texas Catslo Cnae a III
Bureau County CoreoAs OonS r
A case of very general iatsrsst - tR0seA md
particularly to stock raisers, has ben txasd IN
tho Circuit Court of Bureau county. during The
farm Just closed. It 10 that Of Lasrestoa Waller
?. William Noble Davis, 5oe a alleged mAiaSs-
ment of an act Of the Legislature at 1857 entitled
An act to prevent the importation Of Texas o.
Cherokee cattle into the state of Illineia
The facts arc briefly these: On The 11tA OF
July 1868 the defendant. accompanied BY cattle
dealer named VIM. FerriA Va at The Uaisa
stock yards. in Chicago and the latter there
purchased herd of 1sl Texas eattls. q - Pr
head. Towards the payment for these cattle
Davis furnished $4,000, and tho cattle wsrs ct
once driven to his farm at Au Sable Grove near
Oswego, in Kendall county, distance Of forty
miles from Chicago, where they arrived on the
evening of Monday, July 18th. On the I'd Of
September following a disease broke out in the
neighborhood of Oswego of . new and fearful
kind-so deadly that to be attacked BY it Wa
certain death within Is hours. panic seized
the farmers; an endeavor to trance the origin of
the disease was made, and it was concluded that
twas Texas fever, impaired in some mysterious
manner by the Texas cattle that had bsel driven
to Major Davis farm, seven weeks previous.
This idea was strengthened, when it was found
thatthe disease had only affected vsttle that had
been upon the line of road whore this herd had
been driven over-even on the same farm, cattle
that had not actually travelled upon the road
were exempted from the disease. The path of
the cattle and the track of the disease we're
identical. From this disease, Laureston Walker
the plaintiff lost nine cows. and An action was
commenced in the circuit Court Of Kendall
county against Major Davis, to recover the value
thereof. The case came on for trial, At the May
Term 1869, of that Court, and resulted in YER.
dict for plaintiff, with $3.50 damages. On .
motion for new trial, afidavits we're made as to
alleged tampering with the jury, and they were
deemed sufficient by Judge Leland to justify him
in granting the trial. and also . change Of venue
to Bureau county. The secoud trial has just
taken place, and has again resulted in verdict
for plaintiff; this time for $500 damages. Mo.
ton for a new trial has been denied, and an sp-
peal to the Supreme Court prayed for and al.
lowed.
One OF tho most important witnesses called for
the defense was Michael Kennedy, the great
stock raiser and dealer, of Arlington. He testi.
fed, that during three years last past he had
handled from to 10 thousand Texas cattle;
that they had all the time run with his native
cattle; that there had never been single case
of death or even sickness in his entire herd, ex.
eepta the result Of accident or some woll known
cause, during the whole time; that at present,
he had about 400 Texas cattle and large mum.
Der of native cattle, all of which were in the best
of health. His attention being called to the fact
that Mr.. Gray, residing near Arlington, had re.
Gently lost S4 head of CATTLE and that individuals
in the village of Arlington had also lost their
mich cows, he gave an explanation Of the cir.
cumstsnces connected herewith, and the conclu.
sions at which he had arrived concerning them.
Certainly the facts testified to by Mr.. Kennedy
90 very ia. to weaken the theory that the mere
presence of Texas cattle mparts to native cattle
disease called Texas tower, and farmers will
not be sorry to find his theory proved correct by
wide and extended experience.