The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1897-05-18

OF Inc milling "a 10y
Thoroughbred Cattle-Ex-Driver Nc
Dermott's ory-Defense Claims There
Is Spite in the Case.
Were the carcasses OF Alonzo Libby S
lbig herd of tuberculosis affected cattle re-
duced to tallow last winter in accordance
with an agreement made between the
State Cattle Commissioners and John L.
Best, the well known Portland meat
dealer or did the meat find it's way into
the open market?
This is the substance of the inquiry
that was in progress all day yesterday in
the Superior Court, at the trial of Mr.
Best and his slaughter house foreman,
William Gum. The trial abounded in
interesting points, and there was large
attendance of Spectators especially dur
ing the afternoon session.
| After the empanelling of drawn jury,
Clerk Libby proceeded to read the Join
Indictment against the respondents. 1t
contained 81 counts, each count having
reference to different COW, and each
covering more than page of typewriter
matter Nearly a full hour was con-
sumed in the reading of the indictment.
In the midst of the reading it was dis
covered that errors had been made in
combining some of the typewriter
sheets, and on account of this technical
error five of the counts were mol pressed
| by Judge Bonney, at the request of
County Attorney Libby and the defend
| ing attorney, Gen. G. P. Mattocks.
| County Attorney Libby, in his opening
argument, briefly outlined the govern
ment's claim There were 81 animals
in all, he said, that were condemned by
the State Commissioners from the herd
of Alonzo Libby, of Westbrook, and We're
sold by the commissioners to John L.
Best, for use at his rendering establish
ment at Scarboro
ave do not claim added the county
attorney, THAT either of these respond
ents sold diseased beef, but we do claim
that they held such meat intending to
dispose of it as human food" He furth-
er claimed that the carcasses of the dis
eased cattle were transported under the
cover of darkness from Mr.. Best render
| ing establishment to his meat refrigera-
tor in Portland.
DR.. George Fl. Bailey, State Veterinary
Surgeon, and one of the Cattle Commits
sioners, was the first witness called in
| behalf of the government. His testi-
mony, in substance, was as follows: l
was invited by Alonzo Libby of West
| l. ~ L 90, hi a4.oJ
| visited his farm and decided that the
| tuberculin test should be made on all his
herd. identified the disease in one COW
at the time. DR.. Charles H. Leighton
made the test.
Mr.. Mattocks objected to the admission
of any testimony regarding tuberculin
tests that the witness did not personally
make or see. He also announced his in
tention of Directing to the admission of
any testimony assuming that such test
had been made.
Continuing, the witness testified in
substance: The agreement Mr.. Best
made with the commissioners was that
he would pay five cents pound for the
hides, and the carcasses were to be rem
dered. | was present at the slaughter
house ON Friday, January s, and a part
of Saturday. Mr.. Best was there part
of the time and his foreman most of the
time. placed mark on some of the
carcasses. Mr.. Deering and had dis
|cussion as to whether some of the COWS,
which were representatives of the Islands
family were affected with tuberculosis,
and my object in marking these was to
identify them after the post mortem so
as to be able to tell whether he or I was
right.
Being questioned regarding the disclo-
sures Of his post mortem tests, the wit
ness said he should have to refresh his
memory from his record sheet.
II have no objection to his refreshing
his memory from his post norton record,
but do object to reference being made
to any alleged tuberculin test taken while
the animals were living" said Gen. Mat
tocks
Consulting his record Dr. Bailey testi-
fed that of the 81 cattle Of which the post
mortem examination was made "a showed
| distinct evidence of tuberculosis. In thS
remaining II the traces of the disease
were very slight, or, perhaps, in some
cases, there were no traces that could be
discerned with the naked eye.
The opening questions Of Gen. Mat
| tocks's cross examination of DR.. Bailey
related chiefly to the nature of the dis
ease in question. He said that tubercu-
losis is IN the animal kindom what con
| sumption is in the human family; that
| it is transnissible from sire and dam and
contagious in it's advanced stages. The
meat Of tuberculosis affected cattle would,
if well cooked, be harmless, but it would
be dangerous to use milk from such
cows.
| Questioned in regard to the condition
of the slaughter house when the Libby
cattle were being killed there, Dr. Bailey
said the place was dusty and dirty, and
any fat or scraps or other evidence of re-
cent rendering of cattle there. The place
was not ready for rendering; Mr.. Best
said something about the pump being
| out of order, but the impression he gave
was that he was about ready to begin to
try out the tallow from the Libby herd
The work of killing was done rapidly,
and with no precaution toward cleanli-