WILLIAM BltOWN v. JOHN ELKINGTON 
49 
of the hocks : Mr. Brown noticed them, and said that they were 
bad hocks; there appeared to be curbs on both. I had no doubt 
about their beino' curbed hocks. I knew the horse had been re- 
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turned from Mr. Thillipson, but not that it had been returned for 
unsoundness and bad hocks. I am sure that 1 did not understand 
that the horse was returned forbad hocks. I never was told that 
he was returned for unsoundness. [ believe that Mr. Hadley told 
me that he was returned for restiveness, and not for bad hocks or 
unsoundness. I had asked Mr Brown, once or twice, to go over 
and get the price of the horse for myself. I will swear Mr. Elking- 
ton did not say that the horse had had bad hocks, and that that 
was the reason he had been returned from Mr. Thillipson. I have 
never said that the horse was bought for myself. Mr. Elkington 
might have asked me whether I bought it for myself ; but that 
was not on the day he sold it, but a fortnight afterwards. I 
believe my answer was, “ Who paid for it ?” I considered that 
a straightforward answer. That was not when Mr. Elkington re- 
ceived the rest of the money. I had no conversation at that time 
respecting the bargain. When I first went about the horse, I 
did not say that 1 wanted it for Mr. Blown. 
Re-examined . — The horse was a brown one. 
George Griffin, groom at Mr. Brown’s stables at Leamington, 
proved that early in November last a brown horse, called Solo- 
mon, bought of Mr. Elkington, was placed under his (witness’s) 
care; that the next day he was ridden four miles with the hounds, 
and came home quite sound, and went to Grove Park the next 
week, where he was sent for Mr. Lawley ; that on the follow- 
ing morning the animal was a little stiff in the off hock, for which 
he was fomented with hot water, and had physic. The horse got 
well. A severe frost ensued, and hunting was stopped for seven 
weeks. After the frost had disappeared, the horse was hunted one 
day, came home very lame from the eff ects of a bad curb, and was 
never hunted any more. 
In his cross-examination, witness said that he did not tell two 
gentlemen who came to look at the horse, and remarked upon the 
badness of the hocks, “ that his master bought him with those 
hocks.” He said that his hocks were “ always naturally curby.” 
Mr. T. P. Ward deposed that he had seen Mr. Lawley riding a 
brown horse on the day that the hounds met at Grove Park ; that 
it was a very slight day’s work, no fox having been found till 
three o’clock, and a run of only two miles and a half ensuing. 
Witness afterwards saw the same horse at Mr. Brown’s stables. 
Mr. Charles Snewing, a veterinary surgeon of Rugby, stated 
that, in October 1838, he was sent for by Mr. Thillipson, who 
resided in the same place, to examine a brown horse ; which he 
