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Crown Court: the gripping courtroom drama from the 1970s and 1980s.
An Argentinian cattle rancher is suing a Scottish beef farmer after buying a bull for a record price at a Fulchester cattle auction. After the purchase, the bull was discovered to be infertile.
Ronald Radd (Hunter #1 in Callan) and James Copeland (Doctor Who "The Krotons") star as plaintiff and defendant. William Mervyn, John Alkin and the incomparable Richard Wilson appear as Judge and Legal Counsel. Milton Johns and Duncan Lamont also appear.
An Argentinian cattle rancher is suing a Scottish beef farmer after buying a bull for a record price at a Fulchester cattle auction. After the purchase, the bull was discovered to be infertile.
Ronald Radd (Hunter #1 in Callan) and James Copeland (Doctor Who "The Krotons") star as plaintiff and defendant. William Mervyn, John Alkin and the incomparable Richard Wilson appear as Judge and Legal Counsel. Milton Johns and Duncan Lamont also appear.
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00:25:11Aberdeen Angerspool, bred by Colonel Ulrich McEver.
00:25:14The buyer, Angelus de Costa,
00:25:17claims that the auction was rigged at his own instigation
00:25:19by a cattle dealer and agent, Gus Enderby,
00:25:22with Colonel McEver's consent.
00:25:24Gus Enderby is now in the witness box.
00:25:27Let me make myself quite clear, Colonel McEver.
00:25:31This is the last occasion in which I will tolerate any interruption.
00:25:36Yes, I know I'm sorry, my lord,
00:25:38but it was just hearing myself slandered by this pipsqueak.
00:25:42Your turn to give evidence will come.
00:25:44Until then, will you please remain silent?
00:25:47Well, yes, I do apologise.
00:25:50Mum's a word from now on.
00:25:52Very well.
00:25:54Continue, please, Mr D. Dave.
00:25:55Well, Mr Enderby, it would seem from the Colonel's outburst
00:25:59that he doesn't believe your story of your meeting in the salutation, Fulchester.
00:26:03Well, he's wrong then, sir, isn't he?
00:26:04Because he was there in company with me and Mr De Costa, sir.
00:26:08Were you discussed the rigging of this auction?
00:26:10Correct, sir.
00:26:11Now, who first proposed this to you, Colonel McEver or Senor De Costa?
00:26:15Mr De Costa, sir.
00:26:16And you know Senor De Costa well, do you not?
00:26:18Oh, yes, sir.
00:26:19Well, I mean, everybody in the livestock business knows Mr De Costa, sir.
00:26:23And were you at this time acquainted with Colonel McEver?
00:26:26Yes, sir, I was.
00:26:27Now, how did Senor De Costa first approach this question of rigging the auction?
00:26:31Well, he was quite straightforward about it, sir.
00:26:33Can you remember Senor De Costa's exact words?
00:26:35Oh, no, I don't know about exactly, my lord, no.
00:26:39Well, then, as near as you can, Mr Enderby, please.
00:26:43Well, my lord, it was like this.
00:26:45Mr De Costa was buying me a drink at the time,
00:26:49and he happened to say, here, he said,
00:26:51I know what's going to win the show,
00:26:53which was the next day, you understand, my lord.
00:26:55So I said something like, oh, what then?
00:26:58And he said, me, not merit the Colonel's bull.
00:27:00Well, I knew the animal, sir, and I knew it stood a very good chance, sir.
00:27:04So then Mr De Costa said to me, he said, Gus, he said,
00:27:07I'm going to buy that bull, he said,
00:27:09and I'm going to make it the most valuable bull in the world.
00:27:12Will you help me, Gus?
00:27:13You say, well, what could I do, sir, you know?
00:27:16So I said to him, how far do you want me to go?
00:27:18And he said, 64,000, sir.
00:27:21And he said, if anybody's left in the bidding, then, he said,
00:27:24then we'll stay in until we lost them.
00:27:25And all of this was said in front of Colonel McKeever.
00:27:28Oh, yes, sir. Yes, sir. Yes, sir.
00:27:32He couldn't have failed to have heard this conversation?
00:27:34No, no, no, sir.
00:27:35In fact, he pointed at me, sir, and he said,
00:27:37I hope the bugger knows when to stop.
00:27:39Beg your pardon, my lord.
00:27:41The Colonel said that, did he?
00:27:43Well, that was almost exactly his words, my lord.
00:27:46He's got a very dry sense of humour, the Colonel, sir.
00:27:48Now, is there any possibility, in your opinion,
00:27:52that the Colonel could have misunderstood the drift of this conversation?
00:27:55No, no, sir, no.
00:27:57Was the Colonel further away from you than Senor Da Costa?
00:28:00No, sir, we was just stood there, sir, you know,
00:28:02three blokes having a drink.
00:28:03You know the way it is, sir.
00:28:05Yes.
00:28:05Now, was there anything said about the real price of the boar?
00:28:08How much Senor Da Costa was paying Colonel McKeever for the animal?
00:28:11Yes, sir.
00:28:12Mr Da Costa said he'd agreed to buy the boar for 17,000, sir.
00:28:15Was this also said in front of Colonel McKeever?
00:28:17That's right, sir, just before he went out for a Jimmy Riddle, sir.
00:28:20A what?
00:28:21Oh.
00:28:22Yes.
00:28:23Now, did Senor Da Costa offer to pay you for your trouble?
00:28:27Yes, sir.
00:28:27He offered me 25 quid, sir.
00:28:29Did you accept that sum?
00:28:30No, sir, I did not.
00:28:31I said I want 50.
00:28:32And what was the figure finally agreed upon?
00:28:3350 quid, sir.
00:28:34Now, what happened at the auction?
00:28:36Well, sir, the bidding went up to 10,000 guineas, you know, pretty fast,
00:28:41and then people started dropping out, you know, it is, sir.
00:28:43Then there was this Australian buyer I know and a couple of others.
00:28:47They stayed in to round about 35,000 guineas,
00:28:50and then from then on it was just me and Mr Da Costa, sir.
00:28:52And you went on up to 64,000?
00:28:54That's right, sir, yep.
00:28:55And Senor Da Costa finally got the bull for 65?
00:28:58That's right, sir.
00:28:58Now, Mr Enderby, you've had dealings with Senor Da Costa in the past, haven't you?
00:29:05Oh, yes, sir.
00:29:06Well, I've sold stock to him on many occasions over the years, sir.
00:29:10Now, what is your opinion of him as a businessman?
00:29:14Well, sir, I'll put it like this, sir.
00:29:18He's a bit of a gambler, you know what I mean?
00:29:20He likes to back his hunches, you know.
00:29:23He's a tough man in a deal, but they all are, sir.
00:29:26No, he's all right, sir. He's OK.
00:29:27You also said that you've had dealings with Colonel McKeever in the past.
00:29:30Yes, sir. Twice, actually.
00:29:33Once successfully and once not.
00:29:35What happened on the unsuccessful occasion?
00:29:37Well, you've got to watch yourself with the colonel, sir.
00:29:40I mean, he'd nicked your fillings while you were still talking to him
00:29:42if you gave him the chance.
00:29:43I have heard tell by people that his ancestors were cattle thieves, sir.
00:29:47Well, it don't surprise me, because he's a tartan bandit, if you ask...
00:29:50Oh, Lord, I must protest.
00:29:50Yes, sir, Mr Enderby.
00:29:52You are not here to give us your opinion of the characters of the parties concerned
00:29:56you must confine yourself to the facts.
00:29:59Yes, sir.
00:29:59And I think that you should have the opportunity of cross-examining on this matter, Mr Parsons,
00:30:04since the cat, as you might say, is now out of the bag.
00:30:08As your logic, please, is.
00:30:10Mr Enderby, in view of your opinion of the colonel's reputation,
00:30:13were you not surprised that Senator Costa should have entered into such an agreement with him?
00:30:17I was, sir. Yes, I was, yes.
00:30:18Were you surprised at the subsequent events?
00:30:21What, you mean the colonel nicking the money, sir?
00:30:23No, no, no, I wasn't really, sir.
00:30:24As a matter of fact, sir, I thought Mr DaCosta was a bit of a mug, sir,
00:30:28but that was none of my business, sir, was it?
00:30:30Thank you, Mr Enderby. I've known further questions.
00:30:35Mr Enderby, you were not surprised when Senator Costa approached you with his little business proposition.
00:30:43Well, no, not particularly, sir, no.
00:30:46Has Senator Costa ever asked you to perform such a service before?
00:30:49No, sir.
00:30:51Are you sure?
00:30:52Oh, yes, sir.
00:30:53In that case, I am very surprised myself that you are a lot of surprised,
00:30:58unless, of course, you are so used to clients approaching with dubious propositions.
00:31:02My lord?
00:31:03Yes, Mr Enderby?
00:31:04Have I got to stand here and be insulted?
00:31:06No, Mr Enderby.
00:31:08All you have to do is to tell the truth.
00:31:12Now, let's turn to this remarkable conversation
00:31:14you alleged took place in the Bar of the Salutation Hotel in Fulgerstoke.
00:31:19You have told the jury that Senator Costa, in the company of Colonel McKeever,
00:31:24approached you about their plans to make Minas Merrick Mackenzie the most valuable bull in the world.
00:31:30Mr DaCosta did, sir.
00:31:32The Colonel left the details to him.
00:31:35I mean, it was Mr DaCosta's scheme, sir.
00:31:37Quite.
00:31:38You stood there like three blokes having a drink, you said.
00:31:41That's right, sir, yes.
00:31:41Now, this was on the day before the show, was it not?
00:31:45Yes, sir.
00:31:45Now, the Fulgerstoke show is quite famous, is it not?
00:31:48Oh, yes, sir, yes.
00:31:49And the subsequent bull sales.
00:31:51Yes, sir.
00:31:51Well, buyers and breeders, they come from all over the world for that, sir.
00:31:54Yes, sir.
00:31:55Fulgerstoke must have been very busy at that time.
00:31:57That it is, sir, yes.
00:31:58In fact, it's very difficult to get a room at that time, sir.
00:32:00You know, Fulgerstoke's pretty jam-packed around then, sir.
00:32:02Yes, and presumably all these people are not teetotal.
00:32:06I don't think I understand what you mean, sir.
00:32:08Well, you see, what I'm trying to say, Mr Enderby, is
00:32:10that the Salutation Hotel must have been very crowded.
00:32:14Well, well, yeah, there were a few other people there, sir, yeah.
00:32:18Yes, other buyers.
00:32:20Well, some of them, I suppose, sir.
00:32:21Yes.
00:32:22And you are seriously asking the jury to believe
00:32:25that the shrewd Senor DaCosta
00:32:27should approach you the day before the auction was due to take place
00:32:32in a bar crowded with other buyers?
00:32:36That's the way it happened, sir.
00:32:37Is it, Mr Enderby?
00:32:40I don't doubt that the auction was rigged.
00:32:42Both you and Senor DaCosta have admitted to that.
00:32:44But what I find very hard to believe
00:32:46that Senor DaCosta, in the company of Colonel McKeever,
00:32:49should put his proposition in such circumstances.
00:32:52Well, he did, sir.
00:32:52I find it even hard to believe
00:32:54that if Senor DaCosta had agreed a price with Colonel McKeever,
00:32:58that he would have told you about it.
00:33:00Well, he did tell me, sir,
00:33:01and the figure was 17,000 guineas, sir.
00:33:04Hmm.
00:33:06Now, you've said you had business dealings with Colonel McKeever
00:33:10on two occasions in the past.
00:33:12That's right, sir.
00:33:13Now, what were the circumstances?
00:33:15Well, like I said, sir,
00:33:17the first time I got some efforts for a client from the Colonel,
00:33:22and the second time he didn't manage to do a deal, sir.
00:33:24Now, why did you fail to do a deal?
00:33:26Well, he just did, sir.
00:33:27Now, is it not true
00:33:28that Colonel McKeever terminated the transaction?
00:33:32Maybe, sir, yeah.
00:33:33And is it not true
00:33:34that Colonel McKeever terminated the transaction
00:33:36because you lied to him
00:33:38about the identity of the clients you were dealing for?
00:33:40Now, look, sir,
00:33:41I mean, they were his cattle to do what he wished with, sir,
00:33:44but, I mean, who I was representing
00:33:45was no concern of his, sir.
00:33:48Did not Colonel McKeever
00:33:49forcibly throw you off his farm?
00:33:52No, no, no.
00:33:53I don't know about forcibly, sir.
00:33:55I don't know about forcibly.
00:33:56He's shouting a lot, but he always does do.
00:33:58But like he said, sir,
00:33:58it's got nothing to do with him and Mr DaCosta, sir.
00:34:01I put it to you, Mr Ennaby,
00:34:02that ever since Colonel McKeever threw you off his farm,
00:34:05you've been trying to get back at him.
00:34:07Oh, rubbish, sir.
00:34:08Now, look, sir,
00:34:09in this business,
00:34:10you've got to be a bit thick-skinned,
00:34:12haven't you, sir?
00:34:13I mean, if I was to go around
00:34:14getting equal with everybody
00:34:15who'd ever shouted at me,
00:34:16well, I'd need all the blinking mafia
00:34:18going round with me, sir, wouldn't I?
00:34:20Come now, Mr Ennaby,
00:34:21hasn't your whole evidence
00:34:23been merely an attempt
00:34:24to settle an old score with the Colonel?
00:34:26No, sir.
00:34:27I put it to you, Mr Ennaby,
00:34:29there is not one word of truth
00:34:31in your evidence
00:34:32about the sale of this bull
00:34:33for 17,000 guineas.
00:34:34No, sir.
00:34:37No further questions, my lord.
00:34:40Mr Ennaby,
00:34:41when did all this childish nonsense
00:34:43with the Colonel occur?
00:34:44Oh, I think it was about three years ago, sir.
00:34:46And it simply arose
00:34:47out of the question of the clients
00:34:49that you were representing.
00:34:50That's right, sir.
00:34:51I was representing Seaforth Farms.
00:34:53That's an American firm, my lord.
00:34:56Only the Colonel
00:34:57and old Bill Shanklin,
00:34:58who runs Seaforth Farms,
00:34:59well, he hadn't spoken to each other
00:35:00for about 20 years,
00:35:01and the Colonel
00:35:02refuses to do any business with him.
00:35:04Well, now, Mr Shanklin
00:35:05wanted to get hold
00:35:06of some of the Colonel's efforts,
00:35:07you see,
00:35:07so I had a go for him.
00:35:08And the Colonel finds out
00:35:09and he does his nut, sir.
00:35:10And, of course,
00:35:11you've held a grudge
00:35:12against him ever since.
00:35:13Oh, no.
00:35:13Well, that'd be daft, sir,
00:35:15wouldn't it?
00:35:15Wouldn't it be daft?
00:35:16I mean, here I am in court
00:35:17giving evidence on oath, sir.
00:35:20I mean, I'm not going to risk
00:35:21a charge of perjury
00:35:22just to get even with old
00:35:23Will Fyfe over there,
00:35:24over half a dozen stupid efforts.
00:35:26So I'd be round a twist
00:35:27to do that, sir,
00:35:27wouldn't I?
00:35:28Yes, indeed, Mr Enderby.
00:35:30Yes, indeed.
00:35:32You may leave the box.
00:35:35That, my lord,
00:35:35concludes the case
00:35:36for the plaintiff.
00:35:39I like the first witness
00:35:40for the defence
00:35:41is the defendant himself,
00:35:42Colonel Ulrich McKeever.
00:35:44What is your religion?
00:35:47The original secessionist Kirk
00:35:49and pacifist.
00:35:52Pacifist?
00:35:53That's what I said, my lord.
00:35:55Pacifist.
00:36:10You are Colonel Ulrich
00:36:12Douglas McKeever of Doriadur.
00:36:14Is it Doriadur or Doriadur,
00:36:18is it?
00:36:18Doriadur.
00:36:19Doriadur,
00:36:19Estates, Wigtonshire.
00:36:21That is correct.
00:36:22And you are the breeder
00:36:23of the bull,
00:36:23Minus Merrick McKenzie
00:36:25of Doriadur.
00:36:26Aye.
00:36:27Finest bull I ever bred.
00:36:29A superb animal
00:36:30until he got his hands on it.
00:36:32Yes.
00:36:32It would be true to say,
00:36:33would it not,
00:36:34that Minus Merrick
00:36:35is the greatest achievement
00:36:36of your career
00:36:37as a breeder.
00:36:38To date, yes.
00:36:39Yes.
00:36:40Now, when you ended it
00:36:40for the Fools to Show,
00:36:42did you expect it to win?
00:36:43Never a doubt in my mind.
00:36:46What sort of price
00:36:47did you think it would fetch?
00:36:48Oh, a very good one.
00:36:49No doubt about that.
00:36:50No doubt at all.
00:36:51In fact, I thought,
00:36:52as a winner,
00:36:53he'd fetch 25,000 guineas.
00:36:55Maybe more.
00:36:56Yes.
00:36:57Now, did Senator Costa
00:36:59come up to your farm
00:37:01to have a look at this bull?
00:37:02Oh, yes.
00:37:03Practically fell in love
00:37:04with it, did it?
00:37:05I said,
00:37:06never seen a bull like it,
00:37:07which I have no doubt
00:37:08was true.
00:37:08Yes.
00:37:09And did he offer
00:37:09to buy the bull
00:37:10there and then?
00:37:11Aye.
00:37:1217,000 or 18,000
00:37:14he offered me,
00:37:15but I said,
00:37:15no, I wanted to see
00:37:16what he'd make in the sale.
00:37:18And that seemed
00:37:18to get him all stirred up.
00:37:20He's a very emotional man,
00:37:23is Mr. Da Costa.
00:37:24Yes.
00:37:24And did he raise his offer?
00:37:26No.
00:37:27He said,
00:37:27putting Dougal in the sale
00:37:28was a...
00:37:29Dougal?
00:37:30Yes, my lord,
00:37:31that was my pet name
00:37:32for the beast.
00:37:33The bull.
00:37:34Aye.
00:37:34So he said,
00:37:37putting Dougal in the sale
00:37:38was an excellent idea
00:37:40because then
00:37:41everyone would know
00:37:42that he had bought
00:37:43the finest bull in the world.
00:37:45And I said,
00:37:46for everyone to know that,
00:37:48Dougal would have to fetch
00:37:49a great deal of money.
00:37:51And he replied
00:37:52that he would see to that.
00:37:53Yes.
00:37:54And as we know,
00:37:54he subsequently rigged the auction.
00:37:57Aye.
00:37:57Well, of course,
00:37:58it wasn't my place to stop him.
00:38:00If he wanted to throw
00:38:01his money about,
00:38:02that was up to him.
00:38:03I certainly wasn't going
00:38:04to turn up my nose
00:38:05at 65,000 guineas.
00:38:07No, indeed.
00:38:08Now,
00:38:09was there ever,
00:38:10at any time,
00:38:11any verbal agreement
00:38:12between you
00:38:13for you to return
00:38:15any of the money
00:38:15received from the auction?
00:38:17No, no, no.
00:38:17Now, look,
00:38:18the truth is,
00:38:19Da Costa is the sort of chap
00:38:21who cannot abide
00:38:22to have second best.
00:38:24That's why he must
00:38:25have the most expensive
00:38:26bull in the world.
00:38:27He must have
00:38:28the largest yacht.
00:38:30He must have the blonde
00:38:31with the biggest...
00:38:31This will refrain
00:38:32from personal comment.
00:38:36Well, that's going
00:38:37to make it a bit difficult,
00:38:38my lord.
00:38:39Nonetheless,
00:38:39you will do so.
00:38:41All righty-ho.
00:38:42I'll try.
00:38:42I'll do my best.
00:38:45Now,
00:38:46did you meet
00:38:47Senator Costa
00:38:47and Mr. Enderby
00:38:49in the bar
00:38:50of the Salutation Atal
00:38:51to discuss
00:38:52the ringing
00:38:53of this auction?
00:38:54No, I did not.
00:38:55I met
00:38:55Da Costa
00:38:56a couple of times
00:38:57in the Salutation.
00:38:58But after my
00:38:59previous experience
00:39:00with that little
00:39:01with Mr. Enderby,
00:39:03I didn't say it,
00:39:03my lord.
00:39:04I wouldn't meet him
00:39:05on the last bus
00:39:05to Paradise.
00:39:06Yes,
00:39:07so at no time
00:39:08did you have a drink
00:39:10with or a conversation
00:39:11with Mr. Enderby
00:39:12in the company
00:39:13of Senator Costa?
00:39:14Neither in
00:39:15nor out of his company.
00:39:18Now,
00:39:18before you sold the bull,
00:39:20had you reason
00:39:20to be satisfied
00:39:21with his performance
00:39:23as a stock getter?
00:39:24Well, of course.
00:39:25He fathered two calves
00:39:27on my farm.
00:39:28Before he was
00:39:28entered for the show.
00:39:30Now, can you explain
00:39:31why Minas Merrick McKenzie
00:39:32should now be infertile?
00:39:34If he really is.
00:39:35You dispute the fact.
00:39:37Well, with Mr. Da Costa,
00:39:38I would dispute anything
00:39:39until I'd seen it
00:39:40with my own eyes.
00:39:41But is there any reason
00:39:42you could think of
00:39:43why a bull
00:39:44should suddenly
00:39:44become infertile?
00:39:46Aye.
00:39:47Damn bad animal management.
00:39:49You see,
00:39:49Mr. Da Costa thinks
00:39:50he's the greatest expert
00:39:51on breeding since Noah.
00:39:53Well, he's not.
00:39:55Now,
00:39:56was Minas Merrick
00:39:57examined by your own vet
00:39:59before he left
00:40:00for the foodster show?
00:40:01Aye.
00:40:01And did he do
00:40:02a semen test
00:40:03at that time?
00:40:04Not at that time, no.
00:40:05Now, why not?
00:40:06Because
00:40:06the potency
00:40:08of a male animal,
00:40:09any male animal,
00:40:11you or I,
00:40:12or his lordship even,
00:40:14it varies from day to day,
00:40:15from week to week.
00:40:17That's why
00:40:18some days
00:40:18a young fellow
00:40:19practically only has
00:40:21to look at the lassie
00:40:22to put him
00:40:22in the pudding club.
00:40:24Whereas,
00:40:25other times,
00:40:25well,
00:40:26he couldn't beget stock
00:40:27even if you fed him
00:40:28Spanish flyer,
00:40:29blue movies.
00:40:30Yes, quite.
00:40:30Quite kind of a key.
00:40:31What I really...
00:40:31No, no, let me finish.
00:40:33All a semen test
00:40:34really proves
00:40:35is that
00:40:36on the day
00:40:37of the test,
00:40:38that particular bull
00:40:39is likely,
00:40:40or unlikely,
00:40:41as the case may be,
00:40:42to beget stock.
00:40:43That's all.
00:40:43I see.
00:40:44But if the semen tests
00:40:45are consistently negative,
00:40:47what then?
00:40:48Ah, well, yes,
00:40:48then you've got trouble.
00:40:51Now,
00:40:52I suggested earlier
00:40:53in my cross-examination
00:40:54of Senor da Costa
00:40:55that many of these
00:40:57pedigrees show bulls
00:40:58are no more than
00:40:59biological freaks.
00:41:00Would you agree with that?
00:41:02What do you mean
00:41:02no more than?
00:41:03Of course they are
00:41:04biological freaks.
00:41:05They are pure-blooded,
00:41:07beautiful beasts
00:41:08bred to produce
00:41:09the finest beef.
00:41:10They are nature's
00:41:11aristocrats.
00:41:12Colonel McKeever,
00:41:13it would be true
00:41:14to say,
00:41:15would it not,
00:41:15that you are one
00:41:16of the most successful
00:41:17breeders
00:41:18of Aberdeen Angus
00:41:19in Britain today?
00:41:21Yes,
00:41:21of course I would.
00:41:23I got the best price
00:41:24for one of my bulls
00:41:25ever paid
00:41:26in the history
00:41:26of the world.
00:41:28He paid it.
00:41:29Yes,
00:41:30but that is an
00:41:30exceptional price,
00:41:31Colonel,
00:41:32wasn't it?
00:41:32What would,
00:41:33what would be
00:41:34the average price
00:41:35you would expect
00:41:35for a pedigree bull?
00:41:37About 1,500 guineas.
00:41:38But there again,
00:41:39the price varies widely.
00:41:41Last year,
00:41:42for instance,
00:41:42the top price
00:41:43I got for one
00:41:44of my bulls
00:41:44was 21,000.
00:41:46And your breed
00:41:47is well known
00:41:48to the agricultural
00:41:49community.
00:41:50Oh, yes.
00:41:51Now,
00:41:51have you ever
00:41:52been involved
00:41:53in any court case
00:41:54where either
00:41:55the quality
00:41:56of your herd
00:41:57or your own
00:41:57personal honesty
00:41:58have been brought
00:41:59into question?
00:42:00Never.
00:42:02Thank you,
00:42:02Colonel McKeever.
00:42:06Colonel McKeever,
00:42:07do you have
00:42:07other business interests
00:42:08apart from cattle breeding?
00:42:10Eh?
00:42:11Oh,
00:42:12what's that got to do
00:42:13with anything?
00:42:13Please answer
00:42:14the question,
00:42:15Colonel McKeever.
00:42:16Yes,
00:42:16I have various
00:42:17business interests.
00:42:18You were a director,
00:42:19were you not,
00:42:20of a property company,
00:42:21Lampito Property Development.
00:42:23That's right.
00:42:23And two years ago,
00:42:24this company went
00:42:25into voluntary liquidation,
00:42:27did it not?
00:42:27Aye.
00:42:28Now,
00:42:28what was the size
00:42:29of your holding
00:42:30in that company
00:42:31in money terms?
00:42:33About 75,000 pounds.
00:42:35And what was the extent
00:42:36of your own
00:42:37personal financial loss?
00:42:39About 75,000 pounds.
00:42:41So you lost
00:42:42everything then?
00:42:43Obviously.
00:42:45But approximately
00:42:45at the same time
00:42:46you were also,
00:42:47were you not,
00:42:47divorced by your wife?
00:42:49Well,
00:42:50I wouldn't be divorced
00:42:51by her brother,
00:42:52would I?
00:42:52Colonel McKeever.
00:42:53I'm sorry,
00:42:54my lord.
00:42:55Well,
00:42:55according to the
00:42:56newspaper reports,
00:42:57you were required
00:42:58to make a sizable
00:42:59financial settlement
00:43:00upon your wife
00:43:01as a result
00:43:01of this divorce.
00:43:02Yes,
00:43:03it was iniquitous.
00:43:04How large
00:43:04was this settlement?
00:43:0524,000 pounds.
00:43:07Well,
00:43:07that,
00:43:08unless my arithmetic
00:43:08has let me down,
00:43:09amounts to
00:43:1099,000 pounds,
00:43:12is it not?
00:43:13That's right.
00:43:13And at the time
00:43:15of the divorce,
00:43:16again,
00:43:16according to
00:43:16the newspaper reports,
00:43:17your counsel pleaded
00:43:18for a smaller settlement
00:43:20on the grounds
00:43:21that you had recently
00:43:22suffered considerable losses
00:43:23in stock market dealings.
00:43:25These were exaggerated.
00:43:26Do you mean you lied
00:43:27to the divorce court,
00:43:28Colonel?
00:43:28No, no,
00:43:29no,
00:43:29of course not.
00:43:31I mean,
00:43:31it's all a question
00:43:32of perspective.
00:43:33Perspective?
00:43:33Yes.
00:43:34I mean,
00:43:35the question of one's finances
00:43:36are relative
00:43:37to the overall
00:43:38financial picture.
00:43:39Well,
00:43:40how large
00:43:40were your relative
00:43:41stock market losses?
00:43:43About 14,000,
00:43:4415,000 pounds.
00:43:45So without perspective,
00:43:47it would be true
00:43:47to say that,
00:43:48would it not,
00:43:48that two years ago
00:43:49you had lost
00:43:50approximately
00:43:51114,000 pounds.
00:43:54That's right.
00:43:55So at the time
00:43:56that Senor Da Costa
00:43:56approached you
00:43:57to buy Minos Merrick Mackenzie,
00:43:59your financial situation
00:44:00was,
00:44:01well,
00:44:01to put it mildly,
00:44:02unhappy.
00:44:03Oh,
00:44:03I could still afford
00:44:04to pay the fee bill,
00:44:05if that's what you mean.
00:44:06That isn't what I mean,
00:44:08Colonel.
00:44:08What was the state
00:44:09of your bank balance
00:44:10when Senor Da Costa
00:44:11approached you
00:44:12in January?
00:44:13Oh,
00:44:13I can't remember exactly.
00:44:16Well,
00:44:16were you in credit
00:44:17at the bank
00:44:17or did you have
00:44:18an overdraft?
00:44:20Half the time
00:44:21most farmers
00:44:21operate on overdrafts.
00:44:23Yes,
00:44:23but did you
00:44:24at that point in time?
00:44:25Yes,
00:44:25as a matter of fact,
00:44:26I did.
00:44:26So Senor Da Costa
00:44:27coming to you
00:44:28wanting to buy
00:44:28the most expensive bull
00:44:29in the world
00:44:30was an answer
00:44:30to your prayer,
00:44:31wasn't it?
00:44:31I'm not in a habit
00:44:35of praying
00:44:36for that sort of thing.
00:44:37It was merely
00:44:38a figure of speech,
00:44:39Colonel.
00:44:39Let me put it
00:44:40another way.
00:44:40No,
00:44:41let me save you
00:44:41the trouble.
00:44:42I was delighted
00:44:43to see Da Costa.
00:44:45The 65,000 guineas
00:44:46was very acceptable.
00:44:48Yes,
00:44:48I'm sure it was.
00:44:49Particularly when
00:44:50you saw the chance
00:44:51to make an extra
00:44:5245,000 pounds,
00:44:54the difference
00:44:54between the 17,000 guineas
00:44:56that Senor Da Costa
00:44:57had bought the bull for
00:44:58and the artificially
00:44:59high sale price.
00:45:00Now,
00:45:01look here.
00:45:01I did not agree
00:45:02to sell Da Costa
00:45:03my bull for 17,000.
00:45:05Why the hell
00:45:05should I
00:45:06when I stood
00:45:07to make a damn
00:45:08sight more
00:45:08for him in the auction?
00:45:09But that wasn't
00:45:10certain,
00:45:11was it,
00:45:11Colonel?
00:45:12You couldn't guarantee
00:45:13that your bull
00:45:13would even fetch
00:45:1410,000 pounds.
00:45:15Ah,
00:45:16laddie,
00:45:17a beast like that
00:45:18was bound
00:45:18to make big money.
00:45:19Yet you yourself
00:45:20have admitted
00:45:21that the average
00:45:22price fetched
00:45:23for your bulls
00:45:23is around
00:45:241,500 guineas.
00:45:25Yes,
00:45:26that's ordinary bulls.
00:45:28That's not a prince
00:45:29like Dougal.
00:45:29An impotent prince,
00:45:30it would seem.
00:45:31We only have his word
00:45:32for that.
00:45:33And Senor Da Costa's
00:45:35vet's report?
00:45:36Oh,
00:45:37a damn
00:45:37diggle vet
00:45:38who'll be under contract
00:45:39to him.
00:45:40He'll be in his pocket,
00:45:41rest assured.
00:45:42Hmm,
00:45:42well I see from the list
00:45:43that your vet,
00:45:44Mr Shipton,
00:45:45is the next witness.
00:45:46Is he in your pocket?
00:45:49He is a Scotsman,
00:45:50sir.
00:45:50You are familiar,
00:45:54are you not,
00:45:54with Minos Merrick
00:45:55Mackenzie's pedigree?
00:45:58Am I?
00:45:58Well,
00:45:59of course I am.
00:45:59I planned it.
00:46:01My lord,
00:46:01you will find the pedigree
00:46:02among the plaintiff's
00:46:03bundle of documents,
00:46:04page four.
00:46:04Yes,
00:46:05I have it,
00:46:05Mr D.
00:46:06Yeah.
00:46:07Well,
00:46:07to a mere novice,
00:46:08it would seem to me
00:46:09that a number of
00:46:10Merrick's ancestors
00:46:11were related.
00:46:13Of course they are.
00:46:14Well,
00:46:15this implies,
00:46:15is it not,
00:46:16a certain amount
00:46:16of inbreeding?
00:46:17Of course it does.
00:46:18There always is
00:46:19a certain amount
00:46:20of inbreeding
00:46:21in all good
00:46:22pedigree animals.
00:46:24Well,
00:46:24Dr Gutzman,
00:46:25Senor Acosta's vet,
00:46:26in his report,
00:46:27suggests there might have
00:46:27been too much inbreeding.
00:46:29Then he's a blether.
00:46:31You only have to look
00:46:32at Dougal
00:46:33to see that there
00:46:34is a classic bull.
00:46:36There's an old
00:46:37Scottish farming saying,
00:46:38is there not?
00:46:39That if it works,
00:46:40it's line breeding.
00:46:41If it doesn't work,
00:46:42it's inbreeding.
00:46:44Aye,
00:46:44that's true.
00:46:45Well,
00:46:45in the case of
00:46:46Minos Merrick Mackenzie
00:46:47would seem to be
00:46:47too much inbreeding.
00:46:49No.
00:46:50Whatever's wrong
00:46:50with that bull,
00:46:51if there is anything wrong,
00:46:53is his fault.
00:46:54Nevertheless,
00:46:55it is true,
00:46:56is it not,
00:46:56that one of the many
00:46:57causes for a bull's
00:46:58infertility
00:46:59is inbreeding.
00:47:01Aye.
00:47:02Hmm.
00:47:04Colonel McKeever,
00:47:04you've heard
00:47:05Senor Acosta
00:47:06speak of Minos Merrick
00:47:06Mackenzie going down
00:47:08on his knees
00:47:08to suckle the home car
00:47:10instead of
00:47:11mounting her.
00:47:12Yes,
00:47:12I heard it.
00:47:13Have you come across
00:47:13such behaviour before?
00:47:14Oh,
00:47:14I've heard of it
00:47:15before.
00:47:16Could you please
00:47:16explain such behaviour
00:47:17to the court?
00:47:18It simply means
00:47:19that the bull
00:47:20has been kept on milk
00:47:21longer than usual.
00:47:22Now,
00:47:22why should a breeder
00:47:23want to do that?
00:47:24To put weight
00:47:25on the animal,
00:47:26to give him
00:47:26a nice curly coat.
00:47:28Doesn't do the bull
00:47:29any harm,
00:47:30quite the contrary.
00:47:31Had Minos Merrick Mackenzie
00:47:32been kept on milk
00:47:33up until the show?
00:47:34What?
00:47:35Had Minos Merrick Mackenzie
00:47:36been kept on milk
00:47:37up until the show?
00:47:38Yes,
00:47:40but the fact
00:47:41that he suckled
00:47:42at the cow
00:47:42doesn't mean to say
00:47:44he couldn't have
00:47:44mounted her.
00:47:45Apparently,
00:47:46Colonel,
00:47:47he didn't.
00:47:48That's his story.
00:47:50No further questions,
00:47:51my lord?
00:47:52Colonel Akiva,
00:47:53what is the approximate
00:47:54value of your herd
00:47:56and farm?
00:47:58About 250,000 pounds.
00:48:01Perhaps more
00:48:01in view of the present
00:48:03price of land.
00:48:04Yes,
00:48:04and if it was found out
00:48:05that you had sold
00:48:06and bred
00:48:07an infertile bull,
00:48:08what effect
00:48:09would that have
00:48:10on your reputation
00:48:10as a breeder?
00:48:11Not very good.
00:48:13Every breeder
00:48:14has his failures
00:48:15from time to time,
00:48:16but they usually
00:48:17manage to keep it quiet.
00:48:19But a really big
00:48:20public failure
00:48:21could cause a lot
00:48:22of buyers
00:48:22to doubt your judgment
00:48:23as a breeder.
00:48:24In fact,
00:48:25it would cost you money.
00:48:26Oh, yes.
00:48:27It would damage
00:48:28the reputation
00:48:28of your herd.
00:48:29Would indeed.
00:48:30Now,
00:48:30with 65,000 guineas,
00:48:32however obtained,
00:48:33recompense you
00:48:34for this loss
00:48:35of prestige?
00:48:36Well,
00:48:36in cattle breeding,
00:48:37prestige and finance
00:48:38go hand in hand.
00:48:39A successful breeder
00:48:40makes money,
00:48:41lose your reputation
00:48:42and you lose money.
00:48:43Yes,
00:48:44and if you have
00:48:44the capital
00:48:45invested in your farm,
00:48:47would 65,000 guineas
00:48:48go any way
00:48:49towards covering
00:48:50any financial loss?
00:48:53A quarter of a million
00:48:54might,
00:48:56but not 65,000.
00:48:58Now,
00:48:58look here.
00:48:59I did not try
00:49:00to trick Da Costa
00:49:01out of his money.
00:49:02I didn't try
00:49:03to sell him
00:49:04an infertile bull.
00:49:06There would be
00:49:06no sense in it.
00:49:07The case of Da Costa
00:49:26against McEver
00:49:27will be resumed
00:49:28tomorrow
00:49:29in the Crown Court.
00:49:30when Angelus da Costa,
00:49:53the South American
00:49:54cattle baron,
00:49:55bought the winner
00:49:55of the Fullchester-Aberdine-Angers show.
00:49:57He thought he was buying
00:49:58the finest stud bull
00:50:00in the world.
00:50:01At 65,000 guineas,
00:50:03it was certainly
00:50:03the most expensive,
00:50:05but Da Costa claims
00:50:06that the bull is impotent,
00:50:07useless for stud
00:50:08and only good for slaughter.
00:50:10At 65,000 guineas,
00:50:12that's the most expensive
00:50:13stake in the world.
00:50:14I am almighty God
00:50:16that the evidence
00:50:17I shall give
00:50:17will be the truth,
00:50:18the whole truth
00:50:19and nothing but the truth.
00:50:25You are Michael Shipton
00:50:26of Tall Trees,
00:50:28Stranraal.
00:50:29I am.
00:50:30And you are a veterinary surgeon
00:50:31with degrees
00:50:32from Edinburgh University.
00:50:33Yes,
00:50:34I'm the vet
00:50:34for a lot of the farmers
00:50:35in my area.
00:50:36Is including
00:50:36Colonel McEver?
00:50:38Yes,
00:50:38when any problems
00:50:40occur in his herd,
00:50:41I'm usually called in.
00:50:42How long have you been
00:50:43consultant to Colonel McEver's herd?
00:50:45Oh,
00:50:45about the last
00:50:46four or five years.
00:50:47So you know the herd well?
00:50:49Yes,
00:50:50the finest herd
00:50:51of Aberdeen Angus
00:50:51in the country.
00:50:52And you know
00:50:53the history of
00:50:54Minus Merrick McKenzie?
00:50:56Yes,
00:50:56I was there
00:50:57when he was born.
00:50:58A marvellous bull.
00:50:59Yes,
00:51:00in your opinion,
00:51:00a true and worthy champion?
00:51:03Oh,
00:51:03yes.
00:51:05Now,
00:51:05prior to the Fulster show,
00:51:06did you conduct
00:51:07a semen test
00:51:08on Minus Merrick?
00:51:09Oh,
00:51:10there was no point.
00:51:10I had every reason
00:51:11to believe
00:51:12the animal
00:51:12was fertile
00:51:13because it already
00:51:14sired calves
00:51:15on two of the home cows.
00:51:17Now,
00:51:17can that fact
00:51:18be verified?
00:51:19Certainly.
00:51:20They were registered
00:51:21with the Breed Society
00:51:22and were tattooed.
00:51:23Tattooed?
00:51:24On the ear,
00:51:25my lord.
00:51:26All pedigree calves
00:51:27are tattooed
00:51:28with the number
00:51:28given them
00:51:29by the Breed Society.
00:51:31Records of their birth
00:51:32and subsequent offspring
00:51:33are also kept
00:51:34by the Breed Society.
00:51:36In this way,
00:51:37the society
00:51:38can guarantee
00:51:39the pedigree
00:51:40and fertility
00:51:40of all purebred
00:51:42Charolais
00:51:43or Frisian
00:51:44or whatever
00:51:44the breed happens to be.
00:51:46In this case,
00:51:47Aberdeen Angus.
00:51:48Quite so,
00:51:48my lord.
00:51:50Therefore,
00:51:50you had every reason
00:51:51to believe
00:51:52that when
00:51:52Minus Merrick Mackenzie
00:51:53went into the sale
00:51:54it was fertile.
00:51:55Oh,
00:51:56I put it more strongly
00:51:57than that.
00:51:58Indeed?
00:51:58I think without
00:51:59any shadow of a doubt
00:52:00that bull
00:52:01was fertile
00:52:01at that time.
00:52:03Yes.
00:52:03Now,
00:52:04the question of fertility
00:52:04is obviously crucial
00:52:06to this case,
00:52:07Mr. Shipton.
00:52:08I wonder if,
00:52:09with his lordship's permission,
00:52:10you would explain
00:52:11to the jury
00:52:12what is meant
00:52:13by fertility
00:52:13in a domestic animal
00:52:15such as a bull.
00:52:16The general definition
00:52:17of fertility
00:52:18is the ability
00:52:19to produce abundantly.
00:52:21The animal
00:52:21should be capable
00:52:22of producing
00:52:23the largest number
00:52:24of progeny
00:52:25of the highest quality
00:52:26that the species
00:52:27is capable of.
00:52:28Yes.
00:52:28And what are the causes
00:52:29of infertility?
00:52:31Oh,
00:52:31there are many.
00:52:32Disease,
00:52:33diet,
00:52:34environmental factors.
00:52:37The environment
00:52:37in which an animal lives
00:52:38can affect fertility.
00:52:40So can the method
00:52:41of animal management
00:52:42employed by the farmer.
00:52:44Yes.
00:52:45So in the case
00:52:45of a domestic animal
00:52:46there's no one
00:52:47simple cause?
00:52:49Oh,
00:52:49no,
00:52:49quite the contrary.
00:52:50In fact,
00:52:51there's a relatively
00:52:51high incidence
00:52:52of infertility
00:52:53in both horses
00:52:54and cattle.
00:52:55But this can't be
00:52:56assigned to any
00:52:57single cause.
00:52:58Yes.
00:52:59Is it possible,
00:53:00for example,
00:53:01that shipping a bull
00:53:03abroad might cause
00:53:04it to be infertile?
00:53:06Yes,
00:53:06but given time
00:53:07to recover
00:53:08from the voyage,
00:53:09the bull should soon
00:53:09be capable
00:53:10of stock getting.
00:53:12Some bulls
00:53:13wouldn't be affected
00:53:13at all.
00:53:14Yes, I see.
00:53:15It depends on
00:53:15the individual bull.
00:53:17Yes.
00:53:17Now,
00:53:18you said you have
00:53:19been familiar
00:53:20with Menis Merrick
00:53:21Mackenzie
00:53:22since his birth.
00:53:23Yes.
00:53:23So you know
00:53:24his pedigree.
00:53:25I do.
00:53:26Yes.
00:53:27Now,
00:53:27it has been suggested
00:53:28by my learned friend,
00:53:29who did admit
00:53:30to being a mere novice,
00:53:32that there might have been
00:53:33a little too much
00:53:34inbreeding.
00:53:35Now,
00:53:35would you agree?
00:53:37No.
00:53:38Anyone who knew
00:53:39the animal
00:53:40would see
00:53:40that he wasn't inbred.
00:53:42Now,
00:53:43is there anything
00:53:43in his veterinary history
00:53:45which might suggest
00:53:46a cause
00:53:47for his alleged infertility?
00:53:49No,
00:53:49he's been a remarkably
00:53:50healthy animal
00:53:51while he was on
00:53:52Colonel McKeever's farm.
00:53:54What happened to him
00:53:54in the Argentine,
00:53:55of course,
00:53:55is another matter.
00:53:57Yes.
00:53:58Have you studied
00:53:59the report
00:53:59by
00:54:00Dr. Gultzman,
00:54:03Senor de Costa's vet?
00:54:04I have.
00:54:05Have you any comment
00:54:06to make on that?
00:54:07Well,
00:54:07it details the kind
00:54:08of tests
00:54:08that were done
00:54:09on Menis Merrick Mackenzie,
00:54:11the methods they used
00:54:12to try and get
00:54:13the ball
00:54:14to inseminate
00:54:15various cows.
00:54:16There was nothing
00:54:17one can usefully
00:54:19say about it
00:54:19unless we had been
00:54:20present at the tests
00:54:21and so forth.
00:54:22Yes.
00:54:23Did you offer
00:54:24to go to the Argentine?
00:54:26Yes,
00:54:26and Colonel McKeever
00:54:27wrote to Senor de Costa
00:54:28offering to fly me out there.
00:54:30Then,
00:54:31what was Senor de Costa's reply?
00:54:33He refused.
00:54:35Yes,
00:54:36I see.
00:54:37Thank you,
00:54:37Mr. Shipton.
00:54:39Mr. Shipton,
00:54:40you say that
00:54:40Senor de Costa
00:54:41refused the offer
00:54:42of your help.
00:54:43Did he give you
00:54:44any explanations?
00:54:45He said he had a vet.
00:54:47Did he not also say
00:54:48that he had the best vets
00:54:50in the Argentine
00:54:50looking at this bull?
00:54:52He may have done.
00:54:54You don't remember?
00:54:55How extraordinary
00:54:55your memory's been
00:54:56so precise up until now.
00:54:58I just meant
00:54:59that I don't think
00:54:59I actually read the letter.
00:55:01In that case,
00:55:02my lord,
00:55:02this evidence is hearsay.
00:55:03Yes,
00:55:04I agree,
00:55:04Mr. Dealey.
00:55:05Mr. Shipton,
00:55:06you must only tell
00:55:07the court about
00:55:08those matters
00:55:09which you yourself
00:55:09have witnessed
00:55:10or about which
00:55:11you yourself
00:55:12have personal knowledge.
00:55:13I understand,
00:55:14my lord.
00:55:15Members of the jury,
00:55:16you will disregard
00:55:17this witness's evidence
00:55:19when it refers
00:55:20to Colonel McEver's
00:55:21offer to fly him
00:55:22to the Argentine.
00:55:24Mr. Shipton,
00:55:25you said that
00:55:25Minos Merrick McKenzie
00:55:26was a remarkably
00:55:27healthy animal.
00:55:28He was.
00:55:29Well,
00:55:29he suffered from
00:55:30none of the normal
00:55:31ailments of calves.
00:55:32Well,
00:55:33of course he did,
00:55:34but by and large,
00:55:35as I said,
00:55:36he was extremely healthy.
00:55:37I see.
00:55:38Now,
00:55:38it is true,
00:55:39is it not,
00:55:40that many of the
00:55:40diseases which may
00:55:41affect a bull's
00:55:42fertility may take
00:55:43some,
00:55:44well,
00:55:44may take some years
00:55:45to show themselves.
00:55:46For example,
00:55:47seminal vesiculitis
00:55:48or certain vitamin
00:55:50deficiencies.
00:55:50Yes,
00:55:50but you must remember
00:55:51this is a pedigree herd,
00:55:53an extremely valuable one.
00:55:55A close check
00:55:57is kept on every animal
00:55:58under the slightest
00:55:58sign of disease
00:55:59I'd be called in.
00:56:00Unless,
00:56:01of course,
00:56:01someone did notice
00:56:02that something was wrong
00:56:03and because the animal
00:56:04had been entered
00:56:04for the show,
00:56:05omitted to mention
00:56:06the fact to you.
00:56:07I can't answer that.
00:56:09My lord,
00:56:09my only friend
00:56:10is engaging
00:56:11in wild suppositions.
00:56:12I agree,
00:56:13Mr. Parson.
00:56:14With respect,
00:56:14my lord,
00:56:15the bull was infertile.
00:56:16That is for the jury
00:56:18to decide,
00:56:19Mr. Deedy.
00:56:19As your lordship pleases.
00:56:22Mr. Shipton,
00:56:23you said the bull
00:56:23had been proven fertile
00:56:24because two of the home cows
00:56:26were pregnant by him.
00:56:28Yes.
00:56:29Now,
00:56:29what age was the animal
00:56:30when he served these cows?
00:56:32Twelve months old.
00:56:33What is the gestation period
00:56:34for a cow?
00:56:35Nine months.
00:56:36The same as a human being?
00:56:37Yes.
00:56:37So,
00:56:38Minos Merrick Mackenzie
00:56:39would have been 21 months old
00:56:40before any of his progeny
00:56:41saw the light of day.
00:56:43That is correct.
00:56:44And when he was sold,
00:56:45what age was he?
00:56:46Eighteen or nineteen months.
00:56:47So the proof of his fertility
00:56:50rests on the fact
00:56:51that two home cows
00:56:52were pregnant,
00:56:53presumably by him.
00:56:55Definitely by him,
00:56:57since he was the only bull
00:56:58permitted to serve those cows.
00:57:00And were you there at the time?
00:57:02Yes,
00:57:02I was,
00:57:03as it happens.
00:57:04Nevertheless,
00:57:05Minos Merrick Mackenzie's
00:57:06fertility would appear
00:57:07to have dropped
00:57:07from the point
00:57:08when at the age of 12 months,
00:57:10he was capable
00:57:11of getting two cows
00:57:12into calf
00:57:13to the point
00:57:14when a few months later
00:57:15his semen
00:57:16was proved
00:57:16to be extremely poor.
00:57:18You're exaggerating
00:57:19the importance
00:57:19of a semen test.
00:57:21Under the circumstances,
00:57:22I think not,
00:57:23Mr Shipton.
00:57:24The bull was fertile
00:57:26at 12 months.
00:57:27The bull's fertility
00:57:28is questionable
00:57:29at 18 months.
00:57:31The bull is infertile
00:57:32at two years.
00:57:33Now that's a steady progression,
00:57:34is it not?
00:57:35You're oversimplifying.
00:57:37One further question,
00:57:38Mr Shipton.
00:57:40You're a vet
00:57:40in practice
00:57:41in Wigtonshire.
00:57:42I am.
00:57:43Now do large farmers
00:57:45contract you
00:57:45for your services?
00:57:47Yes,
00:57:48that's quite usual.
00:57:49Has Colonel McKeever
00:57:50got such a contract
00:57:50with you?
00:57:51Yes.
00:57:52Is Colonel McKeever
00:57:53the largest cattle breeder
00:57:55in your area?
00:57:55Yes.
00:57:56So it would be true
00:57:57to say,
00:57:58would it not,
00:57:58that if Colonel McKeever
00:57:59cancelled this contract
00:58:00with you,
00:58:00you would suffer
00:58:02considerable financial losses?
00:58:05I...
00:58:05Just answer the question,
00:58:06yes or no,
00:58:07Mr Shipton.
00:58:08Well,
00:58:10yes.
00:58:12No further questions,
00:58:12Moller.
00:58:13Mr Shipton,
00:58:14you've had the opportunity
00:58:15of observing
00:58:16Minus Merrick Mackenzie
00:58:17from the day of his birth,
00:58:18have you not?
00:58:19I have.
00:58:20Now,
00:58:20during that time,
00:58:21did you see any signs
00:58:22of any disease
00:58:23or deficiency
00:58:24or environmental factor
00:58:26that might account
00:58:27for this bull's
00:58:28present alleged infertility?
00:58:30I have not.
00:58:31Now,
00:58:31in your opinion,
00:58:32was Minus Merrick Mackenzie
00:58:33when sold to Senator Costa
00:58:35fertile?
00:58:36He was.
00:58:37Thank you very much,
00:58:38Mr Shipton.
00:58:38No further questions,
00:58:40my lord.
00:58:40As well,
00:58:41you may leave the box,
00:58:42Mr Shipton.
00:58:47My lord,
00:58:48the last witness
00:58:49for the defence
00:58:49is Francis George Brady.
00:58:52You are Francis George Brady
00:58:54at present,
00:58:54staying at the Hotel
00:58:55Avon Fultester.
00:58:57That's right,
00:58:58yeah.
00:58:58And you were employed
00:58:59by Senator Costa,
00:59:01were you not?
00:59:01That's right.
00:59:02Until when?
00:59:03Pardon me?
00:59:04When did you leave
00:59:05Senator Costa's employ?
00:59:07Oh,
00:59:07about six weeks ago.
00:59:09Yes.
00:59:09And what was the nature
00:59:10of your employment?
00:59:12Well,
00:59:13I was sort of
00:59:13transportation manager
00:59:14for the Bogus Ranch,
00:59:16the whole ranch complex,
00:59:18I mean.
00:59:18You say,
00:59:18in the Argentines?
00:59:19That's right,
00:59:20yeah.
00:59:20Yes.
00:59:20Now,
00:59:20how long were you employed
00:59:22by Senator Costa?
00:59:23Oh,
00:59:23about three years.
00:59:25Ah.
00:59:25So you were employed
00:59:26in the Borghese Ranch
00:59:27when Minus Merrick Mackenzie
00:59:29arrived there?
00:59:30Oh,
00:59:30oh,
00:59:30yeah,
00:59:31sure,
00:59:31because it was my job
00:59:32to arrange a transportation
00:59:33to bring him immediately
00:59:34up country to the ranch.
00:59:35Yes.
00:59:36Did you see much of the bull
00:59:37when he was on the ranch?
00:59:38Oh,
00:59:39yeah.
00:59:40Well,
00:59:40he was a star attraction
00:59:41of the place.
00:59:42Everybody came to see him.
00:59:43Yes.
00:59:43And in your opinion,
00:59:44was he in good condition?
00:59:46Oh,
00:59:46yes,
00:59:47great,
00:59:47just tremendous.
00:59:49Well,
00:59:49everybody thought so.
00:59:50And I've been around cattle
00:59:52a long time,
00:59:53and by God,
00:59:54I've never seen an animal
00:59:55like that.
00:59:55No siree.
00:59:56Yes.
00:59:57Now,
00:59:58how soon after the bull
00:59:59arrived
01:00:00that they'd try him out
01:00:01with a cow?
01:00:03Well,
01:00:03about three days.
01:00:04They put him out
01:00:05to grass for a while,
01:00:06give him a bit of a rest,
01:00:07and then they put him in
01:00:08with a cow.
01:00:08Yes.
01:00:09And what happened?
01:00:10Well,
01:00:11after a little bit of trouble
01:00:12at first,
01:00:12Mr. Brady?
01:00:15Yes,
01:00:15my lord,
01:00:15he started to kind of
01:00:16suckle the cow at first.
01:00:18Like a calf?
01:00:19Yeah,
01:00:20but only briefly.
01:00:22And then,
01:00:23wow.
01:00:26Wow.
01:00:27Mr. Brady?
01:00:28Well,
01:00:28you see,
01:00:29my lord,
01:00:30he really got down
01:00:31to work,
01:00:32if you know what I mean.
01:00:33Yes,
01:00:34I see.
01:00:35Was he tried
01:00:36with several cows?
01:00:38Oh,
01:00:38yeah.
01:00:39And what were the results?
01:00:41Well,
01:00:42he got three of them pregnant
01:00:43just like that.
01:00:44Bang,
01:00:45bang,
01:00:45bang.
01:00:45Mr. Brady,
01:00:46how do you know
01:00:47that he got the cows pregnant?
01:00:49Well,
01:00:49you see,
01:00:50the fellow that looked
01:00:51after the bull,
01:00:52Jose,
01:00:52that was Jose's only job,
01:00:53just looking after that bull.
01:00:55Well,
01:00:55he told him.
01:00:56Well,
01:00:56that's inadmissible.
01:00:57Yes,
01:00:57that would seem to be hearsay,
01:00:59Mr. Parsons.
01:01:00Well,
01:01:01my lord.
01:01:02Yes,
01:01:02Mr. Brady?
01:01:03You don't understand.
01:01:05I saw those cows pregnant.
01:01:06You saw the cows?
01:01:08Yeah.
01:01:09But how do you know
01:01:10that they were the same cows?
01:01:11Well,
01:01:12well,
01:01:12you see,
01:01:12there were three special cows
01:01:14that they selected
01:01:15to test the bull out.
01:01:16They had their own special paddock
01:01:18and they were,
01:01:18well,
01:01:18they were treated
01:01:19almost like royalty.
01:01:21How did you know
01:01:23they were pregnant?
01:01:25Because they got fatter and fatter.
01:01:28Gee,
01:01:28I mean,
01:01:29after a while,
01:01:30it was obvious
01:01:30that they were pregnant.
01:01:32Yes,
01:01:32but are you quite sure
01:01:34they were the same cows?
01:01:35Oh,
01:01:35yeah,
01:01:36sure.
01:01:36So,
01:01:37from your own observation,
01:01:38you saw Minus Merrick Mackenzie
01:01:40mount three cows?
01:01:42Oh,
01:01:42absolutely.
01:01:43And subsequently,
01:01:44also from your own observation,
01:01:46you saw these same three cows pregnant.
01:01:48Right.
01:01:50Now,
01:01:51to your knowledge,
01:01:52did the bull serve any more cows?
01:01:55No.
01:01:56Well,
01:01:56why not?
01:01:57Well,
01:01:58he seemed to get sick or something.
01:02:00Sick?
01:02:01Well,
01:02:01yeah,
01:02:02they brought all these vets
01:02:04and specialists
01:02:04and experts down from B.A.,
01:02:06that's Buenos Aires,
01:02:08to look him over.
01:02:09They practically took that animal apart.
01:02:11But somehow,
01:02:12he just never seemed to sire any more calves.
01:02:14And,
01:02:14well,
01:02:15it was a very big embarrassment
01:02:17for Señor Da Costa.
01:02:18Well,
01:02:18how do you mean embarrassment?
01:02:20Well,
01:02:20Señor Da Costa was going around
01:02:22telling everybody how,
01:02:23how this is the greatest bull in the world
01:02:25and it's all his.
01:02:26And then suddenly,
01:02:27you know,
01:02:28that the bull couldn't,
01:02:29uh,
01:02:30he couldn't kind of make it.
01:02:32And I would consider that
01:02:34a very big embarrassment.
01:02:35Yes,
01:02:35indeed.
01:02:36Yes,
01:02:36indeed.
01:02:37Thank you,
01:02:37Mr. Brady.
01:02:39Mr. Brady,
01:02:40you said that you'd left
01:02:41Señor Da Costa's employee
01:02:43some six weeks ago.
01:02:45Yeah,
01:02:45that's right.
01:02:46Why did you leave?
01:02:48Uh,
01:02:48we sort of had an argument.
01:02:50But you and Señor Da Costa?
01:02:51Yeah.
01:02:52What about?
01:02:54He accused me of stealing.
01:02:56Stealing what?
01:02:57Motor parts or something.
01:02:58Spare engine parts,
01:02:59was it not?
01:03:00Yeah,
01:03:00something like that.
01:03:01And what was the value
01:03:01of these parts
01:03:02that you were accused of stealing?
01:03:04I,
01:03:04I wouldn't know exactly.
01:03:05Four and a half thousand
01:03:06American dollars.
01:03:07Was that that sum involved?
01:03:08Yes,
01:03:09something like that.
01:03:10But I didn't steal it.
01:03:11I tried to explain
01:03:12the circumstances
01:03:13to Señor Da Costa,
01:03:14but he would not listen to reason.
01:03:15He is a very excitable man.
01:03:17I'm not surprised
01:03:18when something like
01:03:18seventeen hundred pounds
01:03:19worth of engine parts
01:03:21were involved.
01:03:21Now you wait.
01:03:22All right,
01:03:23all right,
01:03:23Mr. Brady.
01:03:24Another question.
01:03:27Which particular ranch
01:03:28within the Borgias estate
01:03:29was this bull kept?
01:03:31The Martin Frio ranch, sir.
01:03:33And at which ranch
01:03:34did you have your headquarters?
01:03:36The Secundo Sombra.
01:03:37And what is the distance
01:03:38between the Martin Fiero
01:03:39and the Secundo Sombra?
01:03:41Oh,
01:03:41about,
01:03:42about 120 miles.
01:03:43That's quite a distance
01:03:44to drive,
01:03:44just to watch a bull mating.
01:03:46I didn't go there
01:03:48just to see him at work.
01:03:49I had to be there anyway
01:03:50on business.
01:03:51Ah,
01:03:51so you just happened
01:03:52to be there
01:03:53when Minos Merrick Mackenzie
01:03:54was first tried with a cow.
01:03:55No,
01:03:56no,
01:03:56no,
01:03:56not like that.
01:03:57Look,
01:03:57everybody wanted
01:03:58to see that bull perform.
01:03:59I arranged it
01:04:00so I would be there
01:04:01when they would be
01:04:01trying him out.
01:04:02You make it sound
01:04:03as if Senor Da Costa
01:04:04were selling tickets
01:04:05for the event.
01:04:05No.
01:04:07All right.
01:04:08Where did this performance
01:04:09take place?
01:04:10In one of the paddocks.
01:04:11Which paddocks?
01:04:12I don't know,
01:04:13just one of the paddocks.
01:04:14There are plenty of paddocks
01:04:14around there.
01:04:14Yes,
01:04:15well,
01:04:15I'm informed
01:04:15that this first attempt
01:04:17at mating
01:04:17occurred in an enclosed paddock
01:04:19before an audience
01:04:20of no more than six people,
01:04:22including Senor Da Costa
01:04:23and his vet,
01:04:24Dr. Goodsman.
01:04:25Well,
01:04:25maybe,
01:04:25but when I saw that bull
01:04:26work,
01:04:26there were at least 40 people.
01:04:28You never saw Minos Merrick
01:04:29ever mount a cow,
01:04:30did you?
01:04:30I did,
01:04:31and I'm under oath.
01:04:34Your address is given
01:04:35as the Avon Hotel,
01:04:36Fulchester.
01:04:38That's right.
01:04:39How long have you
01:04:40been staying there?
01:04:41About six weeks.
01:04:43And who pays the bill?
01:04:44And I would remind you
01:04:45that you are under oath.
01:04:47Colonel McKeever.
01:04:50My lord,
01:04:51I submit that this witness's
01:04:52testimony has been
01:04:52a tissue of lies
01:04:53motivated by malice.
01:04:55I see no purpose
01:04:56in continuing
01:04:57this non-examination.
01:04:59Have you any further
01:05:00questions of this witness,
01:05:02Mr. Parsons?
01:05:02No more questions,
01:05:03my lord.
01:05:03And that concludes
01:05:04the case of the defendant.
01:05:05Then I will adjourn now
01:05:07and hear counsel's speeches
01:05:08when I return.
01:05:10All stand.
01:05:27well, Mr. Parsons,
01:05:42when you're ready.
01:05:43May it please,
01:05:44your lordship?
01:05:45Ladies and gentlemen
01:05:46of the jury,
01:05:47this is an unusual case
01:05:50and in many ways
01:05:51an embarrassing one.
01:05:52you are here to answer
01:05:55two questions.
01:05:56The question
01:05:57of the virility
01:05:58of a bull
01:05:59and the question
01:06:00of the integrity
01:06:01of an established
01:06:02Scottish cattle breeder.
01:06:04Is Minas Merrick Mackenzie
01:06:07of Da Rierda
01:06:08impotent?
01:06:09Was it impotent
01:06:10at the time
01:06:10of his sale?
01:06:12Is Colonel McKeever
01:06:13a liar
01:06:14and a thief?
01:06:15Now, both
01:06:16propositions
01:06:17are closely connected
01:06:18and are supported
01:06:20or contradicted
01:06:21by sworn statements
01:06:22from both the principles
01:06:23and their witnesses.
01:06:24So the question
01:06:25quite simply is
01:06:26whom do you believe?
01:06:28Colonel McKeever,
01:06:29Mr. Shipton
01:06:30and Mr. Brady
01:06:30or Senor da Costa
01:06:32and Mr. Enderby?
01:06:34Now, his lordship
01:06:35will no doubt
01:06:36seek to guide you
01:06:37through these
01:06:38difficult waters.
01:06:40And in anticipating
01:06:41his advice,
01:06:42I would like to suggest
01:06:43that you are guided
01:06:44by one consideration only.
01:06:46Whom does it profit?
01:06:47By that I don't mean
01:06:49who makes the most money
01:06:50out of this case.
01:06:50For many people,
01:06:51especially the rich,
01:06:53money is less
01:06:53the driving force
01:06:54than vanity.
01:06:56Now, Senor da Costa
01:06:57says he set out
01:06:59to buy the finest,
01:07:01most expensive bull
01:07:02in the world.
01:07:03And by means
01:07:04of a trick,
01:07:05he did so.
01:07:07He paid more
01:07:08for an Aberdeen Angus
01:07:09bull than anyone else
01:07:11had ever paid before.
01:07:13Now, Mr. Brady
01:07:14has told us
01:07:16on oath
01:07:17that this
01:07:18very expensive bull
01:07:20sired three cows
01:07:22on Senor da Costa's ranch.
01:07:25And it seems likely
01:07:26that after that,
01:07:27the bull then became ill
01:07:28or suffered some accident,
01:07:31causing it
01:07:31to become impotent.
01:07:33Now, ladies and gentlemen,
01:07:34the jury,
01:07:35do you think
01:07:36that Senor da Costa
01:07:38is the type of man
01:07:39who is then
01:07:40meekly going to admit
01:07:42that his very expensive bull
01:07:44is no longer
01:07:45capable of getting stock?
01:07:47I think not.
01:07:49And that is why
01:07:50he has invented
01:07:51this extraordinary story.
01:07:54On the other hand,
01:07:55there is Colonel McKeever.
01:07:58And don't forget,
01:07:59no matter how
01:07:59financially pressed
01:08:00he may have been,
01:08:01Colonel McKeever's capital,
01:08:03that is to say,
01:08:03his farm
01:08:04and his herd,
01:08:06was intact.
01:08:08We have been told
01:08:08that both are worth
01:08:09about a quarter
01:08:10of a million pounds.
01:08:12Now, I ask you,
01:08:13ladies and gentlemen,
01:08:14the jury,
01:08:14is it likely
01:08:15that someone
01:08:15like Colonel McKeever
01:08:16would prejudice
01:08:17this huge investment
01:08:19in money and time,
01:08:2125 years of his life
01:08:23went into building up
01:08:24this herd,
01:08:24would prejudice this
01:08:25for 45,000 pounds?
01:08:29I feel presumptuous enough,
01:08:31ladies and gentlemen,
01:08:31the jury,
01:08:32to suggest
01:08:32that your answer
01:08:33to that would be
01:08:34no,
01:08:34he would not prejudice it.
01:08:35And I am therefore
01:08:37confident
01:08:37that you will find
01:08:38for Colonel McKeever.
01:08:44My lord,
01:08:47members of the jury,
01:08:49my learned friend
01:08:50has unerringly
01:08:51put his finger
01:08:51on the very knob
01:08:52of this case.
01:08:54Whom does it profit?
01:08:57Now, my idea of profit,
01:08:59and I'm sure yours too,
01:09:00isn't some vague concept
01:09:02of vanity or pique
01:09:04or injured innocence.
01:09:07Profit to me means
01:09:08one thing,
01:09:10money.
01:09:11Somebody made money
01:09:13out of the sale
01:09:14of this bull.
01:09:15Who?
01:09:17Colonel McKeever.
01:09:18Somebody desperately
01:09:19needed every penny
01:09:21he could get
01:09:22from the sale
01:09:23of this animal.
01:09:24Who?
01:09:26Colonel McKeever.
01:09:27Now, my learned friend
01:09:29has suggested
01:09:29that my client,
01:09:30Senor DaCosta,
01:09:31was driven
01:09:31by an even stronger motive,
01:09:34vanity.
01:09:35But I would ask you
01:09:36to think about
01:09:37this dubious proposition
01:09:38very carefully.
01:09:41Now, would a man
01:09:41driven solely
01:09:42by vanity
01:09:43risk bringing
01:09:45an action
01:09:46in a foreign country
01:09:47against a national
01:09:49of that country
01:09:50under a legal system
01:09:52that he doesn't understand
01:09:53and moreover
01:09:54even choose
01:09:55to employ a language
01:09:56that is not
01:09:57his native tongue?
01:09:59Now, would he risk
01:10:00all of this
01:10:01just from pique?
01:10:04Let us be realistic,
01:10:05ladies and gentlemen.
01:10:07Such a thing
01:10:07is to put it mildly.
01:10:09Improbable.
01:10:11Difficult neurotic men
01:10:13may do very strange things,
01:10:15but Senor DaCosta
01:10:16is a businessman.
01:10:18A very successful one, too.
01:10:20He didn't make his millions
01:10:21by being sensitive
01:10:22to what people
01:10:23thought about him.
01:10:24He made his money
01:10:25like everyone else
01:10:26by being tough,
01:10:28realistic,
01:10:29and practical.
01:10:31So we come back
01:10:32to the question
01:10:33that I asked
01:10:34at the beginning
01:10:34of my speech.
01:10:36Who stood to gain
01:10:38from this transaction
01:10:39and who desperately
01:10:41needed the money?
01:10:43Colonel McKeever.
01:10:45And if the bull
01:10:46was proved
01:10:46to be infertile,
01:10:48who stood to lose?
01:10:50Colonel McKeever.
01:10:51Therefore,
01:10:53ladies and gentlemen
01:10:53of the jury,
01:10:54I do not hesitate
01:10:55to call upon you
01:10:56to find for my client,
01:10:58Senor DaCosta.
01:11:01My members of the jury,
01:11:02normally I concern myself
01:11:04with the lucidating points
01:11:05of law
01:11:06that have arisen in the case.
01:11:08However,
01:11:08in this case,
01:11:09there are no legal niceties
01:11:10to confuse you.
01:11:11You are here
01:11:13to decide
01:11:14which party
01:11:15is telling the truth
01:11:17on the two central matters.
01:11:19And I am accordingly
01:11:20going to ask you
01:11:21to return your verdict
01:11:22in the form
01:11:23of answers
01:11:24to two questions.
01:11:26These are they.
01:11:26has the plaintiff
01:11:29established
01:11:30on balance
01:11:30of probabilities
01:11:31that there was
01:11:33an agreement
01:11:33between himself
01:11:34and Colonel McKeever,
01:11:36the defendant,
01:11:36that the balance
01:11:37of the purchase price
01:11:38paid at the auction
01:11:40over £17,000
01:11:41should be returned?
01:11:45And two,
01:11:46was the bull,
01:11:48Minos Merrick Mackenzie,
01:11:50infertile
01:11:51at the date
01:11:52of the sale?
01:11:53Now,
01:11:53the basic problem
01:11:54for you here
01:11:55is whom to believe.
01:11:57And here I think
01:11:58you should rely
01:11:59not upon the advice
01:12:01of a learned judge
01:12:02or perhaps even
01:12:03of learned counsel,
01:12:04but of your own knowledge
01:12:06of human beings
01:12:07and your own judgment
01:12:08of human nature.
01:12:11Whom do you believe?
01:12:13Colonel McKeever
01:12:14or Senia da Costa?
01:12:18Now, members of the jury,
01:12:19will you kindly retire
01:12:20to consider your verdict?
01:12:23All stand.
01:12:25Members of the jury,
01:12:30will your foreman
01:12:31please stand?
01:12:32Just answer this question,
01:12:34yes or no.
01:12:35Have you reached verdicts
01:12:36upon which you are
01:12:36all agreed?
01:12:37Yes.
01:12:38Do you find that
01:12:39the plaintiff,
01:12:40Senor Angelos da Costa,
01:12:41made an agreement
01:12:42with the defendant,
01:12:43Colonel Ulrich McKeever,
01:12:45to repay the difference
01:12:46between the purchase price
01:12:47paid,
01:12:47£65,000,
01:12:48and the sum
01:12:50of £17,000?
01:12:51No.
01:12:52Is that the verdict
01:12:53of you all?
01:12:54Yes.
01:12:55Do you find that the bull,
01:12:57Minos Merrick Mackenzie,
01:12:58was infertile
01:12:59at the time of the sale?
01:13:00No.
01:13:01Is that the verdict
01:13:01of you all?
01:13:02Yes.
01:13:05The jury having found
01:13:07in favour of the defendant,
01:13:08Colonel McKeever,
01:13:09on both points...
01:13:10What the hell does that mean?
01:13:12Silence!
01:13:12As I was saying,
01:13:13the jury having found
01:13:14for Colonel McKeever,
01:13:16there only remains
01:13:17the question of cost.
01:13:19Cost?
01:13:19Hasn't this goddamned thing
01:13:20cost me enough already?
01:13:21Under the circumstances,
01:13:23I have decided
01:13:24to award the costs
01:13:25to the defendant,
01:13:27Colonel McKeever.
01:13:27Oh, now, come on!
01:13:29May I just say...
01:13:30You may not,
01:13:31Colonel McKeever.
01:13:32God will rise!
01:13:35If he thinks
01:13:36I'm going to pay
01:13:37that son of a bitch money!
01:13:38Oh, yes,
01:13:39you'll pay, Angelus.
01:13:40Yeah, I was right,
01:13:41so sue me.
01:13:41No, no, have a drink!
01:13:42Sue me!
01:13:43Sue me!
01:13:43Take it back a man!
01:13:44You call this British justice.
01:13:46I'm going back
01:13:47to South America.
01:13:48Well, I'll sue if you don't pay,
01:13:49don't you want to put it here?
01:13:50Join us again next week
01:14:18when our cameras will be back
01:14:19to see another case
01:14:20in the Crown Court.
01:14:21of the
01:14:43future.
01:14:43You
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