VETERINARY JURISPRUDENCE. 
463 
Barker said that he was obliged to go to Wicklow, and 
promised to return, but he never returned to the house ; 
mentioned to Barker that the horses were at livery at Farrell’s, 
in Brunswick- street, upon his (Barker’s) responsibility; he 
(Barker) admitted that he knew this, but he added that Mr. 
Foote was a gentleman, and when he (Barker) saw him he 
had no doubt that he would settle the transaction with him. 
Mrs. Foote examined — She recollected the day when her 
husband (the plaintiff), Mr. Williams, and Mr. Revell were 
in the counting-house ; recollected Mr. Barker and Mr. 
Levingstone coming into the counting-house and speaking 
about the chesnut horse ; thought that Mr. Foote said he 
would take £150 or <£140 for the horse and mare ; they went 
away, and came back again ; one of them asked Mr. Foote 
if the horses were sound or right; oh, yes, said he, but I 
sell them subject to Mr. Watts’s opinion; they wished to 
have the opinion of Mr. Ferguson ; Mr. Foote objected to it, 
and said he always sold his horses subject to the opinion of 
Mr. Watts, and seemed to be surprised that they would object 
to his opinion, as he considered him to be the best opinion 
in Dublin on such a subject ; they then went away, objecting 
to the price of the horses. 
Cross examined by Mr . O' Ilagan, Q. C. — The horse was not 
a favorite horse of hers ; was interested, however, in the con- 
versation ; was not examined on the last trial. 
Wa Iter Dunne examined — Was Mr. Foote’s groom; took 
the horse to the fair of Ballinasloe ; from the severity of the 
road and w r eather, and the length of the journey, the horse 
appeared to have been a little “ beaten;” he was not examined 
by any veterinary surgeon ; he knew very well he was not, 
because he was in the stable, and he (witness) had the key in 
his pocket, and, more than this, the horse would not let any 
one come near him (laughter) ; returned into Dublin on a 
Sunday, and when he got into the Park the horse ran away 
with him (laughter) ; he was not a bit stiff then; when he 
found where he was he wasn’t a bit stiff, but faith he was in- 
clined to leave him (witness) down in the Park (laughter) ; 
rode the horse, and never found him lame ; never rode the 
mare, and w r as not a veterinary surgeon to say whether she 
was sound or unsound ; that question lay with Mr. Watts. 
Mr. Sidneg—You. are Mr. Foote’s “boy?” 
Witness — I am an “ould boy” (laughter). 
Will you swear that no veterinary surgeon examined the 
horse while in the stable ? 
I will swear twenty oaths that he did not, and could not. 
Plaintiff (to a juror) — Mr. Barker’s clerk paid him ten 
