VETERINARY JURISPRUDENCE. 
143 
a sound horse. The animal was thereupon led to his stables 
at Stepney-green by the defendant’s man, who took back 
the exchange horse with him. He put the defendant’s horse 
into harness, but found that, although he was only going at 
the rate of eight miles an hour, he was so bad in his wind 
that it was necessary to pull him up about every 100 yards 
in order to enable the animal to get breath. In fact, he was 
a “ roarer,” and not worth his keep. He consequently sent 
the horse back to the defendant, but he had never received 
back either his own horse or another in lieu of that which he 
had returned, nor had his £10 been repaid. 
Cross-examined . — I am a waterproofer — that is, I make 
waterproof coats and other articles which are waterproof. 
Oh, yes 5 I advertise my business, too, pretty extensively. I 
never knew the defendant until the day upon which I made 
the purchase of this horse from him at Smithfield-market. 
The horse I sent the defendant in part exchange I had not 
bought out of a costermonger’s cart. I did not say that I 
had been bid £50 for it ; for, in fact, I never had an offer for 
it ; and therefore I could not say so. When 1 saw the horse 
1 thought it was a likely-looking one to answer my purpose ; 
and, as I was at the time I saw r it in want of one, why, I 
bought it ; but after I had bought it I discovered that I had 
been taken in. That horse, though, W'as much better than 
the one sold to me by the defendant, for that was w T orth 
nothing at all (laughter) ; wdiereas the first horse was honestly 
worth £10. I think the defendant’s horse w as run up and 
down, but we could not hear him then, and it is only by the 
action of his body we can distinguish. I may say that I am 
very particular in buying horses. (Loud laughter.) 
Mr. James . — But this transaction, I fear, some people may 
regard as not being a proof of that. (Renewed laughter.) 
The Plaintiff , in continuation, — I keep good serviceable 
horses, and the one I sent to the defendant in exchange 
was not good enough for me. I did not tell the defendant 
that I had been taken in in the purchase of that horse. The 
defendant’s horse was not trotted up and down, for there 
was no room for that; the horse was “ scuffled” about 
like, and not trotted up and dowrn. (Laughter.) It was a 
good-looking horse, but not capable of much w T ork. After 
the sale, and the warranty had been registered by the clerk 
of the market, we went into a public house, where I paid 
the defendant the £10. I have heard that the defendant sold 
my horse for £10. My horse w T as very good for slow work. 
My horse is not w r hat is called a “ Bull-man,” nor even a 
“whistler,” but the defendant’s horse was a regular “roarer.” 
