204 
WARRANTY OF HORSES. 
of these gentlemen — who knows a thing or two, though he 
looks simple enough — noticed something wrong immediately 
after the horse came into his master’s possession — fancied he 
went feelingly, stepped short, and appeared stiff and tender. 
H is feet were too hot, or he did not bend his hocks as he 
ought to do* Next day he came out decidedly lame, &c., &c., 
&c. This is the stereotyped style of beginning. Then comes 
the professional evidence, and the court is enlightened by 
much talk about inflammation, and ossification, and change 
of structure, and how long the seeds of disease must have been 
in the system to produce all they saw — of course a long time 
prior to the date of sale — and how exactly the facts detailed 
by the previous witnesses fit their theory of the case, the 
symptoms stated being exactly what they would expect to 
find in such a case, and so forth. Nothing can be clearer, 
and the defendant is dumbfounded. What can he oppose to 
all this? That the horse was never a moment lame whilst in 
his possession, although regularly worked. His professional 
witnesses can see no lameness and no spavin — nothing, in fact, 
beyond a natural prominence of bone, except, perhaps, that 
such prominence is rather more forcibly marked than in some 
animals. But this is quite enough for the cross-examination. 
* c Now, sir, will you tell us what this prominence of the bone 
is called ?” — ■“ Nothing.” ei Is it not what you call an e ex- 
ostosis?’” — “ No.” “ Well, then, sir, is not an f exostosis’ 
a prominence of the bone ?” — “ It may be, but ” Here, 
of course, the witness is interrupted by the indignation of the 
advocate, whose extreme anxiety for the ends of justice will 
not allow time for the sentence to be finished. “ Don’t fence 
with the question, sir — yes, or no, sir — give me a plain 
answer. Is not an f exostosis’ a prominence of the bone?” — 
“ It is.” — “ Very well, sir, and is not the disease called spavin 
also an exostosis ?” — “ It is.” Admirable logician ! He has 
got at the truth at last, and he looks to the jury with an air 
of pride and satisfaction at the result, and there is absolutely 
something like a murmur of approbation running through 
the court. From that moment the defendant’s chance is gone. 
There is more of this bluster in cross-examination, and a great 
deal more still in the speech in reply to the defence, but it 
was hardly needed. The jury are told very solemnly that 
his lordship will tell them that an animal having about him 
any disease, or the seeds of any disease, at the time of sale, is 
in point of law, unsound. They have heard the evidence on 
both sides — the clear and scientific account of the disease in 
question given by the professional gentlemen whom he had 
called on the part of the plaintiff, confirmed as it was by the 
