MAXWELL V. MORRIS. 
331 
from contracting. The rims he had spoken of were plain to see. They 
could not spring up in a week. These rims round the hoof are of importance 
in this case, and, if I were examining a horse for a gentleman, I should look 
with suspicion at his feet. I have known a case wiiere rims of this descrip- 
tion have resulted in lameness. When I was called in to examine the horse, 
I received no instruction as to the lameness in the feet. I looked at his head 
first, and afterwards trotted him out, and discovered his lameness. I gave a 
certificate to that effect. 
Re-examined. — I have known that Queen Mab was occasionally lame in 
the foot, though I cannot say there was any contraction. Queen Mab was a 
great favourite, and, no doubt, she was well attended to ; and I should say, 
if any man could keep a horse upon its legs, it was Mr. Peech. 
Mr. William, Watts , farrier-major in the 8th Hussars stationed in York 
barracks, stated, on examining the shoe produced, that it was evidently 
made for a horse with a contracted foot. 
Mr. John Fryer , veterinary surgeon, at Kirkby Fleetham, corroborated 
the evidence of the other veterinary surgeons, as to the cause of contraction 
and its consequences. 
Mr. Edward Grey , veterinary surgeon in the 8th Hussars, gave similar 
testimony. 
In conducting the defence, Mr. Parkinson was first called. He said, I 
know Mr. Morris. I have seen him in the field on several occasions when 
we have had hard runs, riding the chestnut horse. The horse appeared 
to me on these occasions to be sound. On the 24th of November last, I 
went with Mr. Smith to Mr. Morris’s house. I had written to Mr. Smith pre- 
viously to offer him a horse of my own ; but he would not suit him, and I 
told him of Mr. Morris’s horse. He was taken into the field, and I consi- 
dered him quite sound. Every means were taken to shew whether any 
lameness existed. He was taken on to the stones both before and after he 
had been in the field, which I thought was sufficient to prove his soundness. 
He bargained for the chestnut horse for £160. I remember going to York 
on Saturday, the 30th of December. Mr. Peech and Mr. Morris accompanied 
me, and I went expressly to see the horse. We had him out. The horse, I 
should say, was lame in all his legs, certainly in three. He was in much 
worse condition than when he left Mr. Morris, and was very much altered. 
He appeared regularly overdone from some cause or other. He looked very 
different from what I had seen him before. He was stiff in his joints. I 
examined his feet ; he was very badly shod, and I should say he was certain 
to be lame from that cause. The shoes were short at the heel. I had not 
seen the horse again until Tuesday last. I think him quite sound in his 
fore-feet, but he is a little lame in his hind fetlock. Mr. Morris will ride 
about 13 stone. His weight out of the saddle is 11 st. 10 lb. ; so he has told 
me I don’t think Mr. Smith mentioned to Mr. Morris the gentleman for 
whom he was buying him, but I knew. 
Cross-examined. — I recommended the horse to Mr. Smith, because I 
thought him a likely one to suit. Mr. Smith was unknown to Mr. Morris. 
I have known Mr. Maxwell some time by name, and have seen him in the 
field with Mr. Foljambe’s hounds. I do not know that he is a hard rider, 
but he rides a heavy weight. When I saw the horse in York, Mr. Peech, 
Mr. Morris, and Mr. Lockwood, were present. Mr. Lockwood told Mr. Mor- 
ris that the horse was lame of a contracted foot. When I saw the horse in 
York he was evidently distressed; he was lame of three legs out of the four. 
I did not see the letter which the defendant wrote to Mr. Maxwell, in which 
he said the horse was “a little” lame. 
Re-examined. — The horse was out with Mr. Foljambe’s hounds the Mon- 
