234 
VETERINARY JURISPRUDENCE. 
did not bid ; it was knocked down to Mr. Batt, of Stratford; I asked what 
he gave for it, and he said he would take two guineas for the bargain ; I 
gave it him, and paid Mr. Dawson for it. I put theliorse in the Shannon 
coach as leader, and I have driven him in single harness ; certainly he did 
not go lame. I have driven it above forty miles in a gig ; I did so the day 
before I sold it to Mr. Gurdon for ,£38. The animal was sound when I sold 
him ; he tried him a month and then paid for him. My servant drove it 
seventy miles in one day. I observed a large appearance on the hock, which 
results from a kick, and does not in the slightest degree interfere with the 
action of the horse ; it is below where a spavin commences. Once the horse 
came up in the coach lame, and I found a nail in his foot. He only lost that 
day all the time I had him, and never afterwards went lame. 
Cross-examined by Mr. Chambers : — I was a veterinary surgeon before I 
was a coachman. Before that I was a tanner. I had known the horse before 
I bought it; I have seen Mr. Wilkin hunting with it. I saw it while Saxty 
had it. I never said to young Saxty while he was riding, “ You have got a 
three-legged one there — he can’t get his legs out.” I did make the observa- 
tion one day, that it did not go like mine. I said so because it was not a fast 
horse. The mark of the kick is a little below the hock, and there is an en- 
largement of the bone, but not half the size of a walnut : it is about as big 
as a nut. I usually drove it about nine or ten miles an hour. 
Lawrence Otway, examined by Mr. Rodwell: — I am a veterinary surgeon 
at Tolleshunt D’Arcy. I attend defendant’s horses, and knew this while he 
had it, but I never attended it. I have seen it frequently walking and trot- 
ting, and I think it was perfectly sound while he had it. A week before it 
was sold I saw him, and it was then sound. 
Cross-examined by Mr. Thesiger : — I was never called on to examine the 
horse, but I had noticed it being a remarkably fine one. 
W. Baker, examined by Mr. Platt : — I am a veterinary surgeon at Dedham. 
I was called on on the 23d by Mr. Saxty to examine the horse, and I did so 
fully. I was going to send for a smith to take the shoes off, but he said 
there was no need of that, there were no corns. I found it perfectly safe. 
Mr. Saxty said the horse rolled and reached a little behind, and l told him 
that did not constitute unsoundness. I trotted it and found it perfectly sound. 
Mr. Saxty did not seem pleased at this. I found the fore feet had no con- 
traction, and I told Mr. Saxty and Mr. Turner so. I was paid a guinea for 
the examination by Mr. Saxty. 
Cross-examined by Mr. Thesiger : — My attention was called to a stiffness 
in the hind legs, and I said that was caused by the way in which the rein was 
held by the boy. There was a slight enlargement of the near off leg ; en- 
largement and spavin are the same thing in my estimation. There was an en- 
largement of bone, whether from a kick or something else. I am brother to 
Mr. Garrod. 
Re-examined : — I have been in extensive practice nearly forty years. In 
my judgment, the enlargement of the hock which I saw would not interfere 
with the action of the horse ; it might be natural. There was not the slightest 
lameness. 
George Whale, examined by Mr. Rodwell : — I am coachman of the Shan- 
non, and recollect this horse being put to it, and I drove it seven miles every 
day. It is a hilly stage, and if a horse was unsound that would detect it. I 
never knew it lame except when he picked up-a nail in the road. He did his 
work well. 
Cross-examined by Mr. Thesiger: — I recollect Mr. Maud, who was on the 
coach, observing that it went lame. I did not say “ It goes dotty, and has 
gone so ever since we have had him I swear that. 
