556 
VETERINARY JURISPRUDENCE. 
dition for sale, and denied that ever he had asked Mr. Mason 
to let him put the mare in his stable “ for fear of her wind.” 
Two witnesses, named Brown and Pearce, deposed to the 
mare’s appearance as being in foal, but never saw signs of her 
being wind-broken. 
John Hodgson , brother to the defendant, in his cross- 
examination, said that, in his opinion, had a colt been 
dropped it would not be likely to remain undiscovered unless 
there were bushes in the field ; there were signs of the mare 
having done so, which he named to his brother, but was never 
asked about it by any one else. 
Mr. Essex , the person who sold the mare to Mr. Hodgson, 
and also his carter, deposed that they never knew anything 
the matter with the mare’s wind or lungs ; and Mr. Knee, a 
coal-merchant in this town, said the mare had drawn a ton 
of coal up the road leading from his house to the Anchor, 
but he never observed anything the matter with her wind, 
and should have bought her but could not agree in price ; 
the mare appeared in foal. In cross-examination, he stated 
that he offered £20 for the mare in the early part of April. 
Charles Radcliffe corroborated the evidence as to the sound- 
ness of the mare’s wind, and her appearance as being in 
foal, and remarked that there being a great many bushes 
in the plaintiff’s field, the mare might have foaled among 
them. 
Mr. Marsh, veterinary surgeon, examined the mare on May 
30th, and stated, that at that time she had no symptoms of 
chronic cough, or disease of the lungs ; he applied the usual 
tests, and minutely examined her. 
By his Honour — Did not use the stethoscope. 
Mr. Morey corroborated the last witness’s evidence, adding 
that the mare appeared as if she had slipped her colt. In 
cross-examination, he said he tested the mare to see whether 
she was sound, not whether she was unsound. 
Mr. George Brown, veterinary surgeon at the Royal Agri- 
cultural College, Cirencester, said that he had examined the 
mare on June 5th, with regard to her lungs and wind, and 
considered her lungs perfectly sound. In his cross-examina- 
tion, he stated that it was common for horses to have diseases 
of the lungs without being broken-winded ; should not call a 
horse unsound if it had ossification of the larynx as it may not he 
known until dissected ; he had advised the parties to settle the 
matter, and he considered the plaintiff’s offer of £5, give or 
take, was a fair one ; witness saw no indication of the mare 
having warped, and he had not recommended a compromise 
on account of the unsoundness of the mare. 
