325 
VtteviMVt* Dumprutrenre* 
YORKSHIRE SPRING ASSIZES. 
Thursday, March 21. 
(Before Mr. Justice Coltman.) 
MAXWELL y. MORRIS. 
Counsel for the plaintiff — Mr. Wortley, Mr. Mason, and Mr. 
Farsyde. Counsel for the defendant — Mr. Dundas and Mr. 
Watson. 
The following evidence was called. 
Mr. William Smith . — In November last I went to Doncaster to see some 
horses. Mr. Parkinson, of Babworth, accompanied me. I went to Mr. Mor - 
ris’s stables, and saw two horses which that gentleman had for sale : one was 
a black, and the other a chestnut, the latter of which I afterwards bought. 
When I first went into the stable the horse had his legs bandaged, and the 
groom told me he had had him out at exercise. I made some observations to 
Mr. Morris as to his feet : I said they looked very narrow, and had the ap- 
pearance of being contracted. Mr. Morris said the horse was perfectly 
sound, and had always been so. I had the horse run on the stones, and I 
also rode him. I rode him both on the stones and in Doncaster field. He 
went sound on the stones. I took him to Doncaster field, where I rode him 
and galloped him. I got Mr. Parkinson to get on him to put him over some 
fences ; after this we returned to Mr. Morris’s, and I bargained for the horse. 
He asked 160 guineas; I gave him £160. Mr. Morris said the feet were 
very much grown lately, and I requested that the horse might be shod, and 
his feet put into proper form before he was sent to Everingham. In conse- 
quence of a communication I received from Mr. Maxwell, I sent Mr. Har- 
greaves and Mr. Bowman, two veterinary surgeons, to Everingham. 
Cross-examined. — Mr. Parkinson, who accompanied me, is well acquainted 
with horses. He is a gentleman of respectability and honour, and one in 
whose opinion I had confidence. I did not go to Doncaster with the inten- 
tion of purchasing the black horse. I knew of the chestnut horse, and went 
to purchase him. Mr. Morris did not fix the price at £160, but 160 guineas; 
I might offer £120; it is probable I did. He said he did not want to part 
with the horse, and would be as well pleased if I left him. We were, pro- 
bably, out an hour with the horse. I did not ride over the fences ; Mr. Par- 
kinson did that. I saw his action, and was satisfied. He was trotted up 
and down the stones once or twice. I have had some experience in horses. 
I looked at his shoes. They were much worn, and I requested that the horse 
might be shod. Everingham is about thirty miles from Doncaster. I have 
not seen the horse since that day. I rode the horse myself on the stones. I 
am not sure that I informed Mr. Morris that I wanted him for a heavy 
weight. 
VOL. XVII. 
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