The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1899-07-04
A Big cow SUIT ON.
Templeton Man De-
PENDANT Against
Vermont Man.
EXPERT TESTIMONY OFFERED.
Facts Brought Forth of In
terest to Every Wor-
cester County Man.
EXPERT TESTIMONY OFFERED.

L.
Coombs of East Berkshire, VT, vs..
John Doherty of Templeton to recover
the price of % cows, which the defend
ant bought of the plaintiff in January,
1898, was resumed in the district court
before Judge Charles Field this morn
ing. DR.. A. S. Cleaves. a Gardner vet
Urinary surgeon, was the first witness.
He testified that as an agent of the cat
tie commission he visited Mr. Doherty's
farm, March 10, 1898, being directed by
the commission to test four COWS,
which were in quarantine.
He looked at the others casually, but
made close test of the four mentioned.
lot received from Vermont, and were
suspected of tuberculosis He found
them in very bad physical condition.
One of them was down in the manger
and was unable to get up. The cows
were emaciated and understood. One
of the cows was old and had no teeth.
The four COWS in quarantine were
worth scarcely more than $4 or So. The
others were in poor condition and from
SIS to SIS would be a fair average for
them. The market value would not
change materially from the time they
arrived.
Cross examined by the plaintiffs
counsel, T. B. Dunn, DR.. Cleaves said
that the COWS did not respond to the
tuberculin test, so he judged they were
not tuberculous, but the trouble with
the four quarantined cows was in
flammation of the udders.
DR.. Sewell E. Greenwood of Temple
ton was next called by the defendants
11WVar (xpOrpp r Warf1al6 Dir
Greenwood said he was an inspector
under the orders of the cattle commits
sion. He said that he went to Mr.. Do
hertys farm Feb. 6, 1898, having re-
ceived papers from the commission to
release 20 cows that were in quarantine
giving a description of the animals and
numbers corresponding to those on the
buttons fastened to the Vermont cows
ears. He found the COWS in poor con-
dition, thin and understood. Dr.
Greenwood said he had known of half
a dozen purchases of COWS and con-
Sidered the market value of Mr.. Do
hertys cows SIS apiece.
DR.. Greenwood, said he went again
March for the purpose of examining
five cows, which were quarantined
there
John T. Doherty, son of the defend
ant, was next called. He said the cows
route, Jan. 81, and when he came home
he saw them and looked them over
They were thin and poor. He assisted
in blanketing them and feeding them
warm drinks and hay, because they
appeared chilled. He said there were
only four giving milk and only one
large COW in the whole lot.
He said that two of the cows had no
teeth and another had lost two teeth
Nd hn of 0At
worn down. He said that in March
Coombs came to the house and asked
his father to pay something on the
cows. He (the defendant) said he would
not put any money into them. Coonlbs
said they had gained some and were
looking better than when they were re-
celved. Coombs came in September to
see If the defendant was ready to make
a settlement for the care of cows. The
latter said he had lost enough by them
already and would not pay him a cent
He told them that three were rejected
from a carload sent to the defendant
the previous December and Coombs de-
MED that Doherty had ever seen them
before.
Cross examined, the witness said that
his father disposed of all the COWS but
three, excluding two which were killed
He said that previous to May /, 1898,
five had been sold. Three were sold in
May one In June, one in September,
and four sold and four traded in De-
cember.
The defendant, John Doherty, testi-
fed that he had ordered a carload Of
good straight new mich cows from
to years old He said that the lot of
23 arrived some time on the night of
Jan. &c.. 1898, and he went to the freight
office early next morning. He paid the
freight bills before he saw the cows.
There were three living calves and one
dead. The cows were a disgraceful
looking lot
There were only four new mich cows
in the lot, and three Of the number were
about 25 years old. Twelve of them he
considered over 10 years and two others
over years. When asked the market
value of the cows when they arrived,
witness said he would not buy that kind
Of cows at any price.
Cross examined by Mr.. Dunn, Mr..
Doherty said 1t was the worst looking