352 
VETERINARY JURISPRUDENCE. 
this horse could go through a good day’s hunting in the front rank 
with fifteen stone on his back ; there is slight inflammatory action 
with cold ; this horse had no cold when I examined him ; I don’t 
remember reading that Eclipse was thick winded ; he did extra- 
ordinary feats ; if he was thick winded he was unsound ; an alter- 
ation of structure having taken place constitutes unsoundness. 
Re-examined : — I have known thick winded hunters perform 
extraordinarily well on particular occasions. 
Mr. Edward Yates. — I am a veterinary surgeon at Leeds : [ 
examined Paragon on the 7th of October last. He breathed much 
quicker than he ought to have done with the exertion he had had ; 
I remained about half an hour with him ; his breathing when I 
left was at the rate of twelve to thirteen respirations in a minute ; 
the respiration of a sound horse would have been from six to seven 
per minute ; I believe the horse was suffering from being thick 
winded ; it is a permanent disease, and incurable ; it may be im- 
proved by getting a horse into condition for hunting ; the horse was 
not suffering from active inflammation at the time ; he had a regular 
pulse at the time, it was about forty ; if the respiration had been 
from inflammation, the pulse would not have been less than fifty- 
five ; he had no cold or cough ; the horse would be equal to a 
moderate day’s work in the field with good training and diet; if 
ridden too hard there would be danger of thick wind. 
Cross-examined : — I could spell re-spi-ra-to-ry on the 7th day 
of October last ; in a healthy horse there are from six to seven 
pulsations to one respiration, when quiet. 
Mr. James Moore. — I am a veterinary surgeon at Leeds ; I saw 
this horse in November last at Young’s livery stables ; I was shewn 
him by one of the grooms. 
Mr. Chilton objected that this did not identify the horse. 
Clay recalled — The horse was taken to Young’s stables. I saw 
him there on the 30th of October ; Young has stalls for one hundred 
horses; he is a bay horse, and he was in a loose box ; I did not 
shew the horse ; Mr. Young saw the horse. 
Mr. Moore recalled — I saw the horse in a loose box distinct 
from anv other ; l saw the horse a second time when Mr. Young 
was there ; Dr. Hepper was with me ; I had told him that I thought 
the horse was to be sold that day, but I was in error ; I was at the 
sale of the horse, at Young’s stables ; his merits were descanted 
upon very largely; he was named, Paragon. 
Mr. Chilton objected that there was no evidence of identity. 
The witness said he had seen the gentleman who bought him, but 
he did not see him now. Mr. Townsend wished Mr. Mann to 
stand up. Mr. Chilton said he must sit down, and the witness 
must have a hunt for him. The witness with great gravity de- 
