348 
VETERINARY JURISPRUDENCE. 
Mr. Norris. — After that observation, perhaps you will be good 
enough to state the result of that action ? 
Mr. Pownall was here about to enter into the details of an 
action which he had brought against a person who was within 
a month of twenty-one years of age, but who set up the defence 
that he was a minor — when he was stopped by the Judge, who said 
that general questions might be put, but the merits or details of 
any thing not before the Court could not be admitted. 
Mr. Norris. — Do you recollect selling a horse to Dr. Everett 1 
Mr. Pownall. — Perfectly well, and honourably sold, too. 
Did not that horse turn out to be unsound! — I believe it fell 
down and broke its knees, and I was not sorry to hear it. 
Did not Dr. Everett ask you to take the horse back 1 — Yes ; 
but I am not in the habit of acceding to unreasonable requests. 
Do you recollect a horse transaction at Marlborough on a Sun- 
day ? — Certainly not ; I never in my life had a horse transaction 
on a Sunday. 
Have you any recollection of selling a horse at a very high 
price to a gentleman in Devonshire ! — Yes, and I have no objec- 
tion to give the particulars. I sold a horse for £110. I allowed 
a fair time for trial. He wanted a warranty, which I declined 
giving. I allowed him a further time for trial. He afterwards 
took the horse, and paid me the money I have named. 
Sergeant-Major Lawrence deposed to being present when Batt 
warranted the horse. Batt said, “ I warrant the horse all sound 
and right.” 
Mr. Croley, veterinary surgeon, of Caine. — I saw the horse on 
the 15th of January. It blew hard, and I recommended Mr. Pow- 
nall to get a warranty. I saw the horse some time afterwards ; it 
was then suffering from roaring. 1 consider roaring to be a 
disease, and “ a roarer” to be an unsound horse. 
In cross-examination by Mr. Norris, Mr. Croley said, that he 
had known roarers ridden at the hunt; and in answer to the ques- 
tion “ what causes roaring ]”■ — he answered, any impediment to 
respiration. 
By the Judge : — Is it a generally received opinion that roaring 
is an unsoundness 1 — I believe it is. Formerly there was some 
doubt on the question, but not latterly. It is the opinion of the 
Veterinary College that roaring is unsoundness. 
Mr. Springfield, assistant to Mr. Pownall, deposed to waiting 
on Batt in Devizes at Mr. Pownall’s request, and telling him 
that the horse was unsound. Batt then expressed his regret, and 
said he would send another : he promised to come over to Caine, 
and said he would send a chestnut horse ; but he never sent it. 
Mr. Langley, assistant to Mr. Fisher, auctioneer, of Bristol, 
