702 
VETERINARY JURISPRUDENCE. 
which the defendant was accused were to be permitted to be carried 
on, it was impossible to calculate how lamentable, how extensive, 
or how fatal might be the results. A feeling of public duty, as 
well as a feeling of humanity, therefore, had induced the present 
prosecution. It would be found that on the 15th instant the 
defendant was discovered by one of the police on duty to be offering 
for sale a mare which was glandered; that the city veterinary 
surgeon having been called upon, had examined and pronounced 
her to be suffering from that noxious disease, and that she had 
been sent to the knacker’s, where she had been killed, and after- 
wards a post-mortem examination made, when proofs of the most 
convincing description as to the presence of the disease had been 
found. The defendant had pleaded “ Not guilty that was, if the 
mare was so afflicted, he had not known it. Now, it was somewhat 
difficult to understand such a plea, when it had happened that 
during the early proceedings of the seizure of the mare, and the 
taking into custody of the defendant, he had said that the discharge 
from the nostrils was the result of a cold, and not of the glanders ; 
and furthermore, that the mare had been examined by a veterinary 
surgeon of the name of Daws. How was it that, without a 
word having been uttered upon the subject of the glanders, the 
defendant should mention the disease, unless he had known that 
the mare had been labouring under it 1 It was of the utmost 
importance that a stop should be put to the exposure of these horses 
in the public market, and therefore the city authorities had directed 
these proceedings. 
Several witnesses were called, who entered into a detail of the 
matter, which went to the establishment of the case as opened by 
counsel. 
Mr . Payne , on behalf of the defendant, was perfectly ready to 
admit the necessity there was to prevent the existence of such a 
proceeding as that with which his client was charged ; but at the 
same time, in this particular instance, he was prepared with wit- 
nesses to prove that he had not been aware, any more than his 
master, Mr. Bardell, that the mare had been afflicted in the manner 
which had been subsequently discovered. The question of know- 
ledge on the part of the defendant was the only question in this 
case, and in support of his assertion, that he was ignorant of the 
fact, he would, in the first instance, call the man’s master, James 
Bardell, who stated that he was an extensive omnibus proprietor 
and job-master, that he always had from 80 to 100 horses, and that 
the defendant had been in his service for seventeen years. This 
mare had been sent up to him by one of his hay farmers, either for 
him to work or sell, whichever he might think best. He tried 
her, but found she was of no use to him, and he consequently 
