230 
V F.TKRINA R Y JURISPRUDENCE. 
trotted him, and observed to the groom I thought he was “ dotty,” as his 
near hind leg seemed to drop. I shewed him to Mr. Garrett, without saying 
any thing about his being lame, and trotted him about the road ; Mr. Garrett 
said that it was lame. I drove it back, and it still went lame. I drove it 
five or six times, and it always went lame. Afterwards the horse was taken 
to the Lion Inn, at Tolleshunt D’Arcy, where I paid two guineas for his keep. 
It was brought from thence and sold, and I saw it running in the Shannon 
coach, which is horsed by a Mr. Garrett, and changes opposite our shop. I 
saw that he was still lame, and I saw him stumble. 
Cross-examined by Mr. Platt: — When the parties came into the shop I 
learned that the horse had been tried. He “dotted” with the near hind leg — 
that was apparent the first time I went out. Mr. Baker, the veterinary sur- 
geon, had seen the horse before it was sold on the 25th of June. He examined 
it, and I understood from my father that he thought there was the appear- 
ance of a spavin on the hock. Mr. Baker said that was not an unsoundness — 
he thought it might have been foaled so. I do not understand much about 
horses, nor does my father either. [Laughter.] I fancied that this leg looked 
different to the others, — it was larger. I often drove the horse, but very 
steadily, and the longest journey was to Braintree, which is sixteen miles. 
Mr. Whale is driver of the Shannon coach — he is here to day; I know the 
road to Stratford where the horse ran in the coach, and there are steep hills 
in it. Mr. Baker is not here to-day — he saw the horse the day before it was 
sold in the market. 
Mr. Platt: — You say the horse was stiff all round : was it as if he was in 
buckram all round ? [Laughter.] Witness : — He appeared stiff all round — 
he was afraid to put his foot down. I drove the horse to Braintree long- 
after the lameness was discovered. 
Robert Richer, examined by Mr. Thesiger : — I am groom to plaintiff, and 
have been accustomed to horses all my life. I recollect this horse — Mr. Wil- 
kin came with it to our stable in April. I was about to get on to try it, and 
Mr. Wilkin said he would not have his horse rattled about the stones by any 
man, but his man might ride him up the street, and he did so. It would not 
have hurt a good horse to trot him over the stones. My master came to the 
stable and said if it was sound and quiet that was all he wanted. Defendant 
said it was sound and quiet. It was put into the gig with a high dashing 
board, and Mr. Wilkin said, “ I shall drive my own horse of course.” My 
master sat on the low seat, and they walked down the street. In about twenty 
minutes they returned, and the horse was put into the stable. The next day 
I rode the horse to Lexden, two miles. I went gently over the stones and 
then trotted, and I found he went stiff behind ; he also went tenderly over 
the stones with his fore feet. I thought he might be stiff from hunting, and 
I walked him and then tried him again, but still found him stiff. The same 
afternoon I went with my master to West Bergholt, and we found it “ dotted” 
and went lame all the wav. It was trotted before Mr. Garrett, and he said 
it was decidedly lame. On the second or third day after a groom named 
Fox saw it. On the 8th of June I took the horse to Mr. Wilkin, but he said 
he would not take it in ; and he added, if Mr. Saxty chose to give £10 more 
than the horse was worth, or £10 more than any body else, it was nothing 
to him. I rode the horse back from Tolleshunt D’Arcy, and he was lame 
then ; I have seen it in the Shannon coach, and he still went lame as before 
— he did not shew his lameness when walking. 
Cross-examined by Mr. Platt : — Mr. Saxty has had five different horses in 
six years. One fell down with my master, who understands the shopboard 
better than horses. [Laughter.] Defendant gave me lialf-a-crown when this 
horse was bought. I know defendant’s servant, and am quite sure I did not 
