754 
VETERINARY JURISPRUDENCE. 
brought the sand to Nottingham, and gave it to Mr. Dudgeon. 
When I found there was sand in the horse, I thought it must have 
come from the rice meal, and Mr. Marriott also thought so. The 
waggoner was told not to give any more. On the 6th January the 
grey mare died, and on a 'post-mortem examination ten pounds of 
sand were found in the stomach. On the 13th February the viscera 
of the chestnut horse were dug up and examined. The veterinary 
surgeons, Mr. Marriott and Mr. Pyatt, found sand in the stomach. 
The whole of the horses were more or less ill, except a mare I drive. 
She was offered some of this particular meal, but we could not get 
her to eat it. The brown mare was never ill at all. Another that 
I now have is just alive; I have found sand in the dung. I claim 
damages for this one. On the 28th January I took the sand and 
meal to Mr. Warhurst’s stall in the Corn Exchange. I showed it 
to Mr. Pink and then took it to Mr. Dudgeon. I have seen one of 
the Messrs. Warhurst since. I told him when the first horse died 
that it must be owing to the meal, but he said it could not be, as 
the meal was pure. It was impossible for the horses to get sand in 
their stomachs from the land ; they had not been out for two years. 
I tried the meal in some water, and washed sand out of it. That 
sand was of the same character as that which came from the horses. 
I value the three horses at 56 1 15. I estimate the depreciation in 
the value of the horse still ill at 5630. For one month I was unable 
to use the three horses. I value the services of the horses at 3s. 
per day — that would be 5612. Mr. Marriott had been employed, 
and I have had men to attend the horses. 
Cross-examined by Mr. Wills — Had had rice meal of Mr. War- 
hurst before. In 1869 had some, but did not know how much. 
From March, 1868, to the time complained of, had been supplied 
with sixty-eight packs. Never complained before ; the cattle had 
always thriven on it. Generally asked Mr. Warhurst whether he 
could warrant the meal to be pure. Was not aware that the 
defendants were merchants and not manufacturers. The three par- 
cels were kept in packs as they came. They sent the second lot to 
Bingham instead of delivering it at Nottingham, but witness agreed 
to take it off their hands. When the third order was given, some 
farmers were talking to Mr. Warhurst. I said to Mr. Warhurst, 
I want another ton of meal ; I suppose you can guarantee it the 
same as the other.” Mr. Warhurst said he could take me over their 
place where it was ground. The lots were not consumed in the 
order of their arrival. Had pigs and other cattle on the farm. 
Sometimes we gave them some rice meal, but generally barley meal. 
In November and December the cattle would have some rice meal. 
Had thirty or forty cattle in the yard, and rice meal would be given 
to one or two. The horses had two or three packs per week. They 
were fully on meal the latter end of September. The horses drank 
from a pump in the yard. There was a scarcity of water that 
summer ; one pump failed. They sometimes went to the river 
(Smite) for water. It was a year when fodder and water were 
short. Water was not scarce in the fields. The horses went to 
