464 
VETERINARY JURISPRUDENCE. 
pounds for him (Mr. Barker) before any examination of the 
horse. 
A witness named Walsh gave evidence as to the soundness 
of the horse ; remembered his having been lame for a few 
days, and his having recovered. 
The smith in the employment of Mr. Watts, by whom the 
feet of the horses were examined, deposed that they had not 
corns. 
Peter Farrell examined — Was proprietor of the livery stables 
in Brunswick street ; he deposed that the horses were in his 
stables since the month of November; the keep of them was 
sixty pounds : the opinion of a veterinary surgeon concluded 
the transaction. 
Cross-examined — A warranty given by a seller altered the 
matter altogether ; would not undertake to say whether the 
horse was sound or unsound. 
At the close of the evidence of the witnesses examined for 
the plaintiff, 
Mr, Lynch , Q , C., read the examination of Mr. George 
Watts, taken by Mr. R. Hitchcock, pursuant to an order of 
the court, Mr. Watts being unable from illness to attend 
court to give evidence personally. From the written depo- 
sitions it appeared that Mr. Watts had been engaged in his 
father’s business in the year 1825; that he joined the Scots 
Greys as veterinary surgeon in 1826, and having remained in 
that regiment nearly seven years, returned to Aungier Street, 
and had been there ever since ; first saw the chesnut horse 
of Mr. Foote about 1852; would not speak positively; 
thought it was 1851 ; his book could tell exactly; the horse 
was then perfectly sound ; next saw the horse about Christmas 
twelvemonth ; he came to his establishment once a month to 
be shod ; first saw the brown mare after last Donnybrook 
fair; examined her for Mr. Foote; she was perfectly sound; 
examined the horse and mare on Thursday, the 10th of 
November, 1853, in the presence of plaintiff and defendant; 
both were perfectly sound ; when horses on a sale were 
passed as sound, the purchaser paid for the opinion of the 
veterinary, and the seller if he was unsound ; saw Mr. 
Barker about half an hour afterwards ; and he told him that 
Mr. Ferguson had rejected the horse and mare as unsound ; 
told Mr. Barker that if Mr. Ferguson was aware that he had 
pronounced them to be sound, he, as a matter of course, 
would pronounce them to be unsound ; he also told him that 
Mr. Ferguson, as he was credibly informed, had stated that 
he would reject any horse that had his brand on his shoe ; 
Mr. Barker asked him to give a certificate of the soundness 
