MAXWELL V. MORRIS. 
327 
was always led, and was not cantered. I delivered the horse at the Windmill, 
and he was in good condition. I mean to say he looked well in his coat and 
his legs. I saw nothing particular in his hind legs, except what I had seen 
before. He always came out stiff from the stable, but I could not see any 
difference after he got warm. The horse was in good condition, and did not 
appear to be overworked or overweighted. If a horse was overweighted, he 
would be sickish and overset. This horse was not so when I brought him to 
York. Mr. Morris’s servant brought him to Everingham. I cannot deny that 
I might say to him I did not like his carcass, or his “ guts.” 
Re-examined . — The horse was a light-carcassed horse, but was in good con- 
dition. There are many good hunters at eight years old that may be stiff 
when they come out of the stable. The horse stood first on clean bedding. 
In my conversation with the groom he said he had to fettle up his feet 
once a fortnight, or he could not go well. 
Thomas Sikes . — I am under groom to Mr. Maxwell. I remember the horse 
coming to Everingham. On the Monday following I rode him out into the 
park ; I noticed that he went very stilty and fumbling. On Tuesday, the 20th, 
I took the horse to Thorp Arch. He returned between three and four. The 
horse was not tired, but appeared quite fresh. There was no hunting the 
next day, and I took him out for exercise. I observed that he went stilty and 
pambling. There was no hunting until Saturday, when the hounds met at 
Scoles. Mr. Maxwell returned about four o’clock, and the horse did not 
appear jaded. On Sunday, the 10th, I took the horse to Beverley. It is 
about fifteen miles ; and I led the horse. I fed the horse, and he ate his corn 
well. He laid down when he had finished his corn. On Tuesday, the 12th, 
I led him to Scarborough, thence I rode him to Everingham. The horse, 
when he got back to Everingham, was in much the same state as when he 
left. 
William Barnard . — I am a blacksmith, and shoe Mr. Maxwell’s horses. I 
was sent for to shoe this horse on the 27th of November. It was after dinner 
when I shod him. I lifted his near fore foot, and took the measure. I 
then went home and made the shoes. When I took the off shoe off, he pointed 
the foot forward, as if it pained him. I took up the off fore foot, and observed 
that there was a difference in the shoe, in punching the holes. The nails 
were near to the toe, which is not usual in the shoeing of hunters. I observed 
that the off fore foot was rather contracted : the foot had been pared lately, 
but the shoes were not new. The old shoes had been removed and put on 
again. I took the measure from the off fore foot ; but I found afterwards 
that I had to make some alteration in the shoes. I have not shod the horse 
since. 
Cross-examined . — The shoes produced are those which I took off. I did 
not say that the feet were not of equal size, but I said I had to alter the 
shoes. The outside of the off fore foot was contracted and looked inwards, 
and that»was the reason I had to alter the nails, to prevent pricking the horse. 
I observed the horse’s hoofs had been pared, perhaps two or three days 
before. Blacksmiths put the nails in different places, according to the charac- 
ter of the hoof. 
Stephen Sheppard . — I am first whip to Lord Harewood’s hounds. I re- 
member Mr. Maxwell being out with us in November. We had a very easy 
day. We found the fox about twelve o’clock, and ran him for about two and 
a half or three miles. We then lost him, and did not find him again. There 
was nothing that day to try the horse. I saw Mr. Maxwell in the morning, 
and he appeared to be riding the horse carefully. On Saturday we had 
not a hard day ; we had a run for about twenty minutes, and there were 
