652 
VETERINARY JURISPRUDENCE. 
that I don’t know what it was sold for ; and all that I have said is 
true, that I swear. (Witness pronounced the last word with most 
ludicrous solemnity.) 
Mr. Edward Hipkins, brother of the plaintiff, in October last, 
saw two cows on the defendant’s premises. Met Marshall on the 
road, and told him that he had been to his house and had seen two 
cows, describing them. He asked forty guineas for them. Witness 
offered £40; defendant lowered the price to £41, and said that 
they were cheap, and he appeared reluctant to sell them. Witness 
said he would give the other pound if defendant would keep them 
until the other cow had calved. He said there was no danger 
about the calving ; he warranted them sound. Witness said he 
would only give £40 for them, and he agreed to send them. One 
was put down at £22, and the other, the unsound one, at £18. 
Defendant’s place is eight miles from plaintiff’s farm. Saw the 
cow on Friday ; she appeared to be sunk : she coughed several 
times. Saw her again on Sunday afternoon, and saw her die. 
Woolryche opened the cow that same night in witness’s presence. 
Mr. Ford, veterinary surgeon, saw the animal that night. The liver 
and lungs were twice as big as natural, and there was a great deal 
of matter and water in the chest. Saw defendant, a day or two 
after, at Birmingham market, and told him that one of the cows 
was dead, and “ as rotten as a pear.” He said he was sorry to hear 
it, and asked what was done with her. Witness told him that she 
was sold for £9. He said the cow was fooled away ; she was 
worth £14 any way. Witness said he thought he had sold it for 
a good price. Saw him again that day, and asked him “ how about 
the cow 1” and he said that he did not consider that he was liable. 
On the 15th of January saw defendant again, and asked how he 
meant to settle about that cow, and he said “ he would make it 
all right in a week.” After the week Hipkins saw him again, and 
said, “ Marshall, I’m surprised at you : my brother is determined, if 
it is not settled to-day, to proceed against you.” He said, “ Oh, 
he has not been in a hurry about proceeding and, when witness 
told him the reason was that he had induced him to refrain because 
he thought he could make him 'settle without, Marshall said, “ he 
would have his head cut off before he would pay one penny for it.” 
The other cattle and pigs took the disease. 
Cross-examined. — Sold the cow to a man who came for it about 
six o’clock on Monday night. Does not know the man ; does not 
know the place he came from ; never saw him before nor since. 
The man looked like a butcher. The animal was as “ rotten as a 
pear.” The lungs and liver were buried on Sunday evening. The 
carcass and hide were sold together. The calf was probably 
worth a crown. 
