240 ACTIONS AT LAW. 



He gave the certificate produced that the horse was 

 sound ; saw the wind-sucking at once, directly he 

 entered the stable ; did not consider it constituted 

 unsoundness ; the habit was not curable. Had heard the 

 evidence of Mr. Fleming and Mr. Ward ; did not agree 

 with them that wind-sucking was unsoundness. Knew 

 Professor WiUiams' work produced — it was a text-book ; 

 agreed with his remarks on crib-biting and wind-sucking, 

 in paragraph referred to, on page 503, excepting that it 

 was an unsoundness. Had heard his lordship's explanation 

 of the term. Wind-sucking, if bad, did occasion indigestion 

 and colic, and all disease must have a beginning. Had seen 

 the horse that morning, and was still of opinion it was 

 sound. 



Mr. Gayton, horse dealer, was the next witness called 

 by the defendant. He said he bought the horse at Park 

 Lane Repository for twenty guineas. It was very poor- 

 looking. He kept it till November, got it into good con- 

 dition, sent it to Aldridge's, and sold it for forty-nine 

 guineas, to a Mr. Fredericks. He knew the horse was a 

 wind-sucker. It worked well, was a nice horse ; the 

 present owner was pleased with it. In reply to his lord- 

 ship as to whether he considered the horse sound, " As a 

 practical man," he said, " I will speak the truth, my lord. 

 The horse is perfectly sound, bar the wind-sucking." 



Mr. Fredericks' groom was the last witness called by 

 the defendant. He said he drove the horse daily some 

 thirty or thirty-five miles ; it went well. Sometimes he 

 drove it in the music-hall placard van, and other times in 

 the carriage. His master was quite pleased with the 

 horse ; and would not take eighty guineas for it now. 

 When it came home the grooms in the mews said, " You 

 will have some trouble with this horse," for they saw 

 and heard liim wind-sucking ; but the horse had never 

 been ill or out of sorts. 



