V ETER F N A RY J U RISPRUDENCE. 
235 
eil it from Nottingham to Grantham, the morning after the pur- 
chase ; that in all probability the inflammation which exhibited 
itself on the third day at Grantham was in consequence of the cold 
it had taken in the Spread Eagle stables at Nottingham, aggra- 
vated by the journey from Nottingham the succeeding morning ; 
and that so far from the plaintiff complaining or returning the horse 
on the 23d of January (eight days after the sale), he wrote a letter 
to the defendant, expressing an opinion that, although the horse 
coughed, it would, he hoped, soon be well. It was established also 
in the course of the defence, that the colt, during its stay at Grant- 
ham (after the purchase at Nottingham), had occasionally been 
ridden after the hounds in the sporting country adjacent to that 
town. Moreover, a son of the defendant, James, swore most posi- 
tively that one of the principal witnesses for the plaintiff — a person 
named Barton (who acts as, and has hitherto been considered a re- 
spectable agent in the sale of horses) was not present in Parlia- 
ment-street, Nottingham, when his father, the defendant, sold the 
horse, and gave a warranty to the plaintiff. The strongest evi- 
dence given — for it acted both ways — was that of Mr. Charles 
Spooner, of London, the well-known and distinguished Professor 
in the Royal Veterinary College. The effect of this gentleman’s 
evidence was, that, from his experience and knowledge of the 
diseases of horses, the scirrhous appearances described by Richard- 
son could not have existed upon the lungs, otherwise the horse 
could not, in the subsequent three months, have done certain work, 
as described by the defendant’s witnesses. He was of opinion 
that the disease might have been formed about the time of the 
sale, when the horse was taken from a warm box, and afterwards 
exposed to cold either at the Spread Eagle or on the journey to 
Grantham. 
It is impossible, within a reasonable space, to give a detailed 
report of Mr. Spooner’s evidence, for it partook more of the cha- 
racter of a lecture upon veterinary surgery (and it was listened to 
with great attention by the profession) than of the ordinary evi- 
dence given by practical scientific witnesses. 
At three o’clock, the trial having lasted altogether eleven hours, 
the jury retired to consider their verdict. Having been absent 
an hour and a half, they made their appearance in court, and 
The Foreman announced that it was impossible that they could 
agree. He wished to know, how, under such circumstances, they 
were to act. 
Mr. Baron Parke intimated that the usual practice was to con- 
fine juries a reasonable time, for the purpose of enabling them to 
come to an unanimous verdict. 
