VET El{ I NARY JURISPRUDENCE. 
233 
he had frequently had his attention called to the diseases of horses ; he had 
seen a great number spavined ; he brought no astute and cunning' science to 
find defects where no defects existed ; and to his experience he (Mr. P.) 
should have bowed if he had placed his hand on the leg and had said there 
was decidedly a spavin. But he did not say that. Could any one tell how 
many veterinary surgeons had been employed by Mr. Saxty to examine the 
horse. If hg had employed twenty, and four only gave an opinion in his fa- 
vour, that four only would be there. He (Mr. P.) had one gentleman who 
had been employed to look at it, and he said there was no spavin — there was 
no unsoundness ; and he had not been called by the plaintiff. Was that deal- 
ing fairly with the jury? 
It now became necessary to give them the history of this horse. It be- 
longed to Mr. Strowger, surgeon of Coggeshall, who, in October 1840, sold 
it to Mr. Woodward, for the present defendant, for <,£42. Defendant used 
him for his own riding till the — of May, 1842 ; on that day this ambitious 
tailor took a liking to him, and offered£55 and a pair of trousers for him : and 
defendant, tempted by this offer, sold him, warranting him sound and quiet in 
harness. At the time he was sold to defendant he was sound and quiet, and 
till he sold him to the plaintiff he remained completely so ; but on the 25th of 
June he was sold in Colchester market without a character, which was like 
giving him a bad character. 
Mr. Thesiger put in a bill in which it was described as quiet to ride and 
drive. 
Mr. Platt said, if it was “ dotty” it might be too quiet. [Laughter.] It was 
bought for c£21 by a person named Batt; and Garrod, who horsed the Shan- 
non coach, gave him two guineas for his bargain. Now Garrod was a per- 
son not to be taken in, for he was a veterinary surgeon himself. Having 
bought him, he run him three mouths in the Shannon coach on a hilly road, 
and it could be proved by the coachman that he never went lame during 
the whole of that time. At the end of that time Garrod sold him to Mr. 
Gurdon, a gentleman in Norfolk, for <£38 ; it had been used in his carriage, 
and the coachman would tell them he was perfectly sound. Yet they were 
to be hoodwinked by this statement of a rising on the hock, one of the wit- 
nesses telling them it was a blood spavin, which was as different from a bone 
spavin as a walking-stick was from a broom-stick. He contended that it was 
the form of the bone of the animal itself, and not a spavin produced by ossi- 
fied matter. He should now call his witnesses before them, and shew that 
all the time before the tailor had the horse, and after he hud it, it was 
perfectly sound ; and could they come to any other conclusion than that 
the horse, at the time it was sold to him, was a sound as well as a quiet 
going one ? If they were of that opinion he should be entitled to their 
verdict. 
Mr. Woodward, examined by Mr. Rodwell : — I remember, in 1840, pur- 
chasing the horse of Mr. Strowger for d£42 ; 1 was acquainted with the horse, 
and I thought him perfectly sound. I saw the horse used by defendant, and 
he appeared perfectly sound. While he had it I, ten or fifteen times, offered 
money for the horse. 
Cross-examined by Mr. Thesiger: — I do not hunt; defendant does. He 
is my cousin. I do not recollect whether Mr. Strowger warranted the horse 
to me. I do not know that I felt the leg. I think I saw the horse at the lat- 
ter end of March, three or four weeks before plaintiff bought it; 1 did not 
then examine it, but I saw it rode out of the yard. 
Re-examined : — I never saw it go lame. 
A. Garrod, examined by Mr. Platt : — I am a veterinary surgeon at Col- 
chester. I saw the horse put up for sale and examined him ; it was sound. I 
