CHAPTER X
SAMPLES OF LEGAL EXPERIENCES
It was a good many years after my name had been before the public as an official Consulting Entomologist that I began occasionally to receive applications to furnish what is called “expert” evidence regarding insect infestation of live crops, or of cargoes of flour. To work this properly, and without risk of being confused under examination by the host of questions, relevant or irrelevant, and, of course, made purposely perplexing by the legal representatives of the opposing side of the case, involved a most inconvenient amount of research and also of mental strain. It was necessary to keep all points in any way likely to be referred to, classed in order in the mind, and available instantaneously without hurry or confusion; and sometimes also necessary in helping non-entomological cross-examiners so to formulate their questions as to admit of any answer being given.
My first experience of anything of this kind was in July, 1889, when I received a copy of a letter written by myself on September 20th of the previous year relative to a certain insect attack, of which specimens, together with samples of the infested plants, had then been sent me. This letter was accompanied by an enquiry whether I could swear to the accuracy of my statements. This, of course, I had no doubts about. It was a perfectly simple case, and I replied accordingly. The result was that one morning before luncheon my sister came into my room in perplexity, and announced that there was a “young man” in my study who wanted to speak to me, but who he was, or where he came from, or anything except that it was just for a minute that he wished to see me, nobody had been able to make out. I believe I guessed pretty well the nature of the mysterious business; but, as for explanation, the young man was perfectly impenetrable, excepting on two points. One that he was to give me a paper which I accepted, and next that he was to give me some small amount of money, which I also accepted, not knowing whether any other course was open to me. As this was the first (and also last) case of a subpœna being served on me, I do not know whether the immense reticence is part of the business, or whether the server is possibly in danger of bad language or unpleasant treatment, but certainly the visitor appeared very uneasy, and took himself off as soon as possible. On examining the paper I found it called me to give evidence on the side of the defendants, which was a little awkward, as after due investigation of details I found that the entomological circumstances would give the case for the plaintiffs. It ran as follows:—
“In the High Court of Justice between Thomas Wilkinson, Plaintiff, and The Houghton Main Colliery Company, Limited, Defendants. Victoria, by the Grace of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, to Miss Eleanor A. Ormerod, of Torrington House, St. Albans, in the County of Herts. Greeting.—We command you to attend before our Justices assigned to take the assizes in and for the West Riding Division of the County of York to be holden at Leeds on Wednesday the 24th day of July, 1889, at the hour of ten in the forenoon and so from day to day during the said assizes until the above cause is tried to give evidence on behalf of the Defenders, &c.”
On the back of the document was inscribed (name and address given) that the writ was issued by the London Agents of J. Parker Rhodes, of Rotherham, Yorkshire, defendants’ solicitor. I felt myself very unpleasantly situated, more particularly as one of my legal brothers assured me that I should make myself (or be made) quite ridiculous in Court, but I did not see the matter quite in this light, for I was sure of my facts. I explained to the solicitor for the defendants that if put in the witness box I must support the cause of the plaintiff. The case was then withdrawn and costs allowed to the plaintiff.
Ten years afterwards I was employed by Messrs. Ross T. Smyth and Co., 33, Mark Lane, London, E.C. The case was entered on March 9, 1899, and the matter in question was alleged infestation of a cargo of flour, transmitted from New York, U.S.A., to Durban, S. Africa. I gave evidence on oath here, Torrington House, St. Albans, on October 20, 1899, before Mr. E. K. Blyth (of Messrs. Blyth, Dutton, Hartley and Blyth), appointed a Commissioner of the High Court of Natal, to take my evidence in the cause of Smyth v. Findlay. On Tuesday the 24th following, Mr. E. K. Blyth attended with depositions which I read and signed in his presence. Subjoined is a copy of my “Report on Insect Presence,” and also an extract from a confirmatory report made by Mr. Oliver Janson doubly confirmed by the report of a representative of the Department of Agriculture, Division of Entomology, Washington:—
“I have examined the contents of the box and bottle this day submitted to me from yourselves, the bottle being under seal of Messrs. Randle Brothers and Hudson, Durban, Natal, &c., &c. I made my examination both with hand magnifiers and microscope and found that in the very small amount of insect presence in the wheat flour and in the spirit or preservative fluid, there were two kinds of beetles represented. One of these was the Tribolium ferrugineum, popularly known as the Rusty-red flour beetle (fig. [70]). This is a small red-brown, or yellowish-red-brown, beetle, about a sixth of an inch long, somewhat parallel-sided and narrow in proportion to its length; the wing-cases striated longitudinally, and the antennæ (or horns) with a three-jointed club at the extremity. I found this beetle present in all its stages of development; that is, as a comparatively long and narrow larva (grub or maggot); in the chrysalis (pupa) state, in which it resembles the beetle with its limbs folded beneath it until development is complete; and the perfect beetles.
“I also found one specimen of what is called the Cadelle in larval (grub or maggot) state. This is a pitchy-coloured beetle, Trogosita mauritanica or Tenebrioides mauritanicus, rather larger than the kind above named, being about four times longer. I examined the whole amount of insect infestation sifted in my presence from the wheat flour under consideration or taken out of the bottle of preservative fluid, and in the very small amount of insect presence observable, I found nothing else to which the slightest degree of importance could be attached. In reply to the inquiry submitted to me, as to the possibility of the bags of wheat flour under consideration having been infested when they were shipped from New York, on or about July the 5th, 1898; I can state that I fully believe the flour could not then have been infested, as in such case—consequent on the well-known exceedingly favourable conditions for multiplication of insect presence, through which the bags of flour would pass during the voyage—there would certainly by the date of arrival at Durban, on or about September 14th, have been so great an amount of infestation in all stages, that it could not have been overlooked. And by the further dates named, in the following October and November, it would have been overwhelming. The exceedingly high temperatures through which the shipment would pass are known to be very favourable to rapid propagation of successive generations of Tribolium. It is to be borne in mind that the infestation does not lie in a torpid state, but after hatching from the egg (sometimes inaccurately called the “germ”), which soon occurs in high temperatures, it passes through the changes from larva (or grub) to chrysalis, and beetle condition more or less quickly according to warmth of locality; and then the male and female beetles pair, and in the ordinary course die, in the case of the female after egg-laying. Examination of the condition of the flour, had infestation been present, would have shown not only the living infestation, but also the dead bodies of the previous generations of beetles, which being of a hard and horny nature externally, would not have decayed in the flour.
“Further, not only is great warmth favourable to increase of Tribolium, but also the conditions, when flour is placed in bags and left unopened for any length of time, are especially suited to their propagation. I can also state that the effect of Tribolium infestation on flour is such that its presence even to a small amount could not be unobserved, and these characteristics were wholly absent in the flour submitted to me. To the best of my knowledge and belief I consider it to be absolutely and demonstrably impossible that the infestation regarding which the inquiry is now before me could have been shipped from New York, and after the most careful examination and investigation which I am able to make, I consider that the infestation took place after the arrival of the flour at Durban.
“May I, in addition to the above opinion, be permitted to suggest to you that as this investigation is one of great importance, it might be satisfactory to yourselves if you were also to submit the samples, which I have re-secured under my own seal, to Mr. Oliver E. Janson, F.E.S., as being a skilled entomologist, and so well qualified by personal observation and scientific knowledge of the Coleoptera (beetles), to give ma correct opinion in the present matter, that I should consider him to be the most thoroughly trustworthy English referee.”