630 
VETERINARY JURISPRUDENCE. 
would prove that at the time of the examination by Mr. Day the 
horse was, as he certified, perfectly sound. 
Frederick John Day, the defendant, said on the 19th of December, 
from 1 1 o’clock in the morning until 3 in the afternoon, he was en- 
gaged in looking at horses for Lord Churchill. He examined the 
brown horse now in question the same as he did the others. He 
used every possible means in examining the eyes and the hocks, and 
he was not able to detect anything wrong about them. Mr. Top- 
ham, the owner of the horse, a farmer, near Malton, was a stranger to 
witness. The horse, with others, was three nights in his stables, and 
then witness saw them off by train on the 24th. On the 1st of July 
he had a letter from Lord Churchill, in reply to which he sent the 
certificate. It was written in the book on the 19th, and copied 
afterwards. He had experience in many cases of cataract. From 
the beginning of ophthalmia to the beginning of cataract he had 
known as little as three or four days. 
By his Lordship. — In such a case the inflammation might have 
eluded observation. 
Examination continued. — Catching a violent cold — along journey 
in very cold weather might produce violent inflammation, so as to 
hasten on cataract. At the time the horses were sent off it was very 
cold, as cold as it usually is about Christmas. 
Cross-examined. — His man who took the horses to Oxford reported 
that the horses had travelled well — he said nothing about a cold or 
a blow in the eye. In the four days’ case the dimness was not pre- 
ceded by the inflammation as usual. The case was so extraordinary 
that he made a note of it. On the 7th he received a letter from 
Mr. Napier, and on the 28th another from Mr. Hawkins, telling him 
the horse had been sold. He did not think it necessary to send a 
person down to Oxford to examine the horse. On the 22nd of Feb. 
Mr. Davenport wrote to him about the case and counsel’s opinion as 
to his liability, and Mr. Axe’s certificate. Lord Randolph Churchill 
left it to him to conclude the bargain with Mr. Topham. He did not 
get a warrant from Mr. Topham. 
The reply to Mr. Hawkins was read. The defendant stated that 
he had used every possible care at the time of the examination, and 
he was still of opinion that the horse was then sound. 
The defendant said he did not answer Mr. Napier’s letter. 
By the Jury. — Mr. Yeoman, who introduced witness to Lord 
Churchill, lived at the Hill Top, Richmond, and witness had done 
business for him before. Lord Churchill also mentioned that he 
had been recommended by Lord Harewood. 
George Hudson , landlord of the Red Lion, York, was present at the 
examination of the horses by Mr. Day. It was remarked in the yard 
that Mr. Day examined them most carefully. 
William Williams , veterinary surgeon and Principal of the Edin- 
burgh Veterinary College, said cataract was not ophthalmia. The 
latter was deep-seated inflammation of the eye (hence called con- 
stitutional), arising from any cause — cold, foul air, or a blow. It 
is very often produced by travelling in cold, damp weather. The 
