VETERINARY JURISPRUDENCE. 
241 
Be-examined by Mr. Greene : I believed the calves sold were the 
calves of the two cows. I.did not warrant them so then, but Mill 
do-so now if required, as I believe they are. It is quite possible to 
make a mistake about that matter. I gave notice to the inspector, 
Waterman, of the cows having the disease, and had an action 
against Clarke two months ago. Waterman was called then as a 
w itness, and he said they had no disease ; he sent the subpoena 
back the day before the court, saying he was going on Clarke’s 
side. (Laughter.) I sent the cows back to Pilgrim’s field, 
where they are now. I bought the calves with the cows at Bristol 
market. 
Abraham Atto said, the bargain was £3 to boot, and neither cow 
was in calf. He w r ent with Hicks to Waterman, who, when he 
came back, said the cows were very bad indeed with the disease. 
Cross-examined : Clarke said the reason he wanted to get rid of 
the cows was they did not give milk enough. They had the foot 
and mouth disease very bad indeed. 
Mr. Pilgrim, market gardener, said : I have some fields ; Clarke 
has some cows there. I thought two had the disease, and sent word 
by his man to Clarke. That was on the Sunday before the 2nd 
November. The man took them away. 
Cross-examined : My cows have been with the two since, and 
have not had the disease. I thought the two had the disease. 
Mr. John Wallin , veterinary surgeon, Theale, examined two cows 
in Pilgrim’s meadow on the 25th November, and found them suffer- 
ing from the foot and mouth disease ; they had been suffering for 
some time, perhaps a month. 
Cross-examined : I hold my certificate from the Royal College, 
dated 1838-9. Both cows were suffering in the feet ; their mouths 
were better. I don’t think any man of experience would mistake 
the disease. 
Mr. Howell, veterinary surgeon, said he examined the cows on 
the 25th November, and both were recovering from the foot and 
moutli disease, which they had had very bad. They Mere the cows 
that Hicks said he had sold to Clarke. 
Mr. Greene asked for a non-suit, as it ought to have been an 
action for barter, and not for goods sold and delivered, but 
His Honour thought the claim was good. 
Mr. Greene made a long and spirited defence, reviewing the evi- 
dence of each witness. He called 
Mr. Clarke , the defendant, who deposed to buying the cows, and 
calling in Mr. Waterman a few days after, who said they were two 
useless old cows, and the big one was in calf. I saw Hicks in the 
market, and he said what was wrong he would make right, and I 
left as he spoke fair. The next week I went to Hicks, and he asked 
£5 to exchange them ; I told him I had been laughed at over the 
matter, and it was the first time I had had to do with cows, and it 
would be the last. 
Cross-examined : I deal in fish and potatoes. I keep lodging- 
houses, and I have been convicted and paid £2 10s. before the 
