470 
VETERINARY JURISPRUDENCE. 
be lame, though you might feel no pain (laughter); the mare 
was not lame, but the horse decidedly was ; I saw the horses 
yesterday — the horse is still spavined, and the curbs on the 
mare appeared to have increased. 
To a Juror — I should not like to say what value I would 
put on the horse now. 
1 could not yesterday determine whether the animals were 
lame or not, they were so fresh and skittish, and dangerous to 
approach ; and the place where they were was not sufficiently 
roomy to enable me to judge. 
John Marlin , examined by Mr. O'* Hagan, Q. C. — Was a vete- 
rinary surgeon ; examined the horse and mare ; found the 
horse diseased with bone-spavin ; the horse and mare were 
both unsound on the 2d of February. 
Cross-examined by Mr. Lynch , Q. C. — When I examined 
the horses I was not aware that Mr. Ferguson had previously 
examined them ; a bone-spavin might exist for years without 
affecting the horse by lameness ; neither of the animals were 
lame when I saw them. 
Mr. Wainwright , another “veterinary,” deposed that he 
examined the horse and mare on the 3d or 4th of February, 
and found them to be unsound. 
George Eccles Nixon examined by Mr. Sidney — I am a retired 
army veterinary surgeon ; I saw the horse and mare at 
Farrell’s livery stables on the 22d of February; I observed 
on the horse’s off hock a bone-spavin of considerable extent 
and of long standing; his near fore foot was contracted; 
all the pasterns of the brown mare were disorganised : the 
disease was of long standing; she was also curby; the horse 
and mare were lame. 
Cross-examined by Mr. Battersby, Q. C. — There might be a 
natural malformation of the part, which would cause bone- 
spavin ; violent exertion or injury to the part would cause it ; 
I won’t say the mare had ring-bone. 
The next witness was a Mr. Gilbert, who was a dealer in 
horses ; he knew the custom of the trade long before people 
were in the habit of taking the opinion of a veterinary 
surgeon ; fifty things were thought of now as regarded 
diseases of horses which were not thought of then; the horses 
were then shoed differently ; a personal warranty held good 
irrespective of the opinion of a veterinary surgeon ; if a per- 
son said he believed a horse to be sound he gave a warranty. 
Cross-examined — The words, “ but I sell the horse subject 
to the opinion of a veterinary surgeon,” do not affect the 
warranty given bv the party by whom the horse is sold that 
the animal is sound. 
