TOO 
VKTEUINARY JURISPRUDENCE. 
he with hepatized and tuberculated lungs perform the labour usually required ? 
Were the lungs sound when the horse passed from the hands of the first dealer 
into those of the second ? 
The immaterial points in this affair we will pass briefly over. We will not 
stop to controvert any opinions, and some there are to which we cannot give 
our assent. We will relate the substance of the evidence at least, and a great 
part of it shall be given verbatim; but, after all, the important point wiUbe— 
and we trust that some of our correspondents will take it up—what time does 
it require to accomplish the hepatization of the lungs of the horse ? what 
time to produce the tuberculated lung ? It is a new question among us—it is 
a very important one, and we earnestly solicit the attention of our friends to it. 
But to the trial. Let it, however, be recollected that what the witnesses are 
here made to say, is not a continuous account of what they saw and thought, 
but a series of answers to questions, and some of them very strange and dis¬ 
cursive, which were proposed by the counsel on either side Our readers, in 
justice to the gentlemen who were examined, wiU not forget this. 
An attempt to impugn the identity of the animal, and to render it pro¬ 
bable that the chestnut horse sold by Fisher to Joyce was not the same 
as that sold by Joyce to Mr. Kent, we pass over. It utterly failed. We like¬ 
wise treat, with the indifference which it deserves, the evidence of the servants 
of the first dealer, that the horse did not cough during a period of four months 
that they attended on him; that, from first to last, except during two days 
that he had strangles, nothing ailed him; and that, out of the great number of 
horses which the first dealer had in his possession, and during the period of 
four months, not one of them had cough ; for one fact satisfactorily contra¬ 
dicted all this. On the 27th of February, Mr. Fisher went to Mr. Joyce’s 
stables to look at some horses—among the rest he examined this dark chestnut 
horse. The horse coughs: Mr. Fisher immediately remarks, “I don’t like that 
nasty cough.” “ Oh,” says Joyce, “ that’s nothing; Til make them all sounds" 
and thereupon Fisher completes the purchase. After he was taken to Fisher’s 
stables, he was treated as a horse that had cough, and had a ball of camphor 
and nitre given to him: a few days afterwards the cough had left him, and, 
Mr. Fisher believing that he had no disease of the lungs, sold him to Mr. Kent. 
The horse was sold to Fisher on the 26th of February. It came into the 
possession of Mr. Kent on the 12th of March. On the 4th of April he had 
a most violent fit of coughing, but this, under proper treatment, disappeared. 
On the 6th of April, Mr. Kent would have again ridden the horse, but he 
found him perfectly out of spirits, and incapable of work. He became worse 
and worse, and died on the 12th. The time which elapsed between the first 
sale and his death was six weeks and two days. Did the disease of the lungs, 
discovered after death, exist at that time, or had it begun to exist then ? 
The proof of this must rest with the witnesses of the plaintiff, and we give the 
substance of their evidence. 
Mr. John Kent., examined by Mr. Crowder .—I have been a veterinary sur¬ 
geon in this city for some years. I purchased a horse of Mr. Fisher in March 
last. I paid him the money, and received a warranty of soundness on the 
15th. It was a dark chestnut horse, and I paid £60 for it. When I had 
examined it, Mr. Fisher’s man brought it home to me. I think it came to my 
stable on the 8th or 9th, but I did not pay the price until the 12th. It 
did not come to my stable first as a purchased horse, but to try it. I said to 
Mr. Fisher, if I liked the horse I would keep it. I drove it several times myself. 
I first used it on the 12th, when I we»t to Arno’s Court with Mr. Fisher’s 
man in Mr. Fisher’s break. The distance I drove was about a mile out and 
back. The animal pleased me. I drove at a slow rate. That afternoon I 
agreed to take the horse. I looked over the horse myself, and did not observe 
