102 
VETERINARY MEDICAL JURISPRUDENCE. 
stable the first night with a rope and stall collar. The pony 
was in the next stall; but there were no other horses in the 
stable: the pony w'as fastened in his stall. 
Alexander MacGregor corroborated the former witness’s state¬ 
ment. The lameness was in the near hind les;: observed the 
swelling between the knee and the hoof, nearer the latter than 
the former. She was lame all the time she was in his stable, 
under the care of his son. She received no injury that he knows 
of in his possession; the swelling was very considerable next 
morning after she came into the stable. The swelling must have 
been of old standing, for he knows of nothing to occasion it be¬ 
tween the night and morning. He never felt the swelling. The 
pony stood on the near side of the mare. The pursuer said no¬ 
thing about the mare being lame when she came to the stable. 
Witness has no doubt, that if the mare had been in the same 
state in the market as she appeared in the morning, the pursuer 
(a dealer) would not have been deceived with her; but, as the 
swelling got less after exercise, perhaps a person might have 
been deceived : the swelling never went entirely aw^ay, but was 
sometimes better and sometimes worse. 
Thomas Fawces, cattle dealer, was shewn the mare the morn¬ 
ing after the market, and remarked to pursuer that she was very 
lame. Did not examine the mare minutely ; saw no cut, mark, 
or bruise; and witness therefore thought the lameness was of 
some standing, and that the mare must have been unsound on 
the day before he saw her, and never saw the mare before or 
since. 
John Robinson, cattle dealer, Perth, observed the mare to be 
lame on the off hind leg next day; examined her particularly ; 
observed no broken skin, and therefore thought it was an old 
lameness. 
John Me Bat/, carrier, saw her often while at McGregor’s; 
observed that the lameness got better with exercise. 
Alexatider Steebles, horse and cattle dealer, saw the mare the 
day after the market; she was dead lame on the off hind leg, 
and the whole leg much swollen from the hoof to the knee. 
Witness supposed, after a careful examination of the mare, that 
the lameness and swelling were occasioned by an old blemish, 
—that the mare had been at grass for a considerable time be¬ 
fore, and that the fatigue of coming to the market, after having 
been upon grass, brought dowui the shot of grease, which shew^ed 
the lameness: never saw the mare since.—(Cross-examined). 
For the defender. Witness supposed that the mare had been lame 
before, and that the lameness had been considerably got the 
better of by the grass, and had been brought on again by the 
