VETERINARY MEDICAL JURISPRUDENCE. 
105 
harrows first after the defender bought her. She was regularly 
worked while he was with defender. Never saw or heard of her 
being lame or unsound. 
William Barber, farm-servant with defender, one year pre¬ 
vious to Whitsunday 1827, never saw or heard of the mare being 
lame or unsound. Accompanied the defender nearly two miles 
when he was taking her and two other mares to Keith market. 
The mare was perfectly sound, as far as he saw, at that time. 
Did not see the mare trotted on the road to the market, but had 
often done so before on all kinds of roads, and never saw her 
lame or crippled ; and she was the same that day as he had seen 
her before. 
Alexander Khmaird, farrier, Cramer, has been fully employed 
for the last fourteen years in that way. Considers himself pretty 
well versant in the diseases of horses. Met the defender about 
three miles from his house on the road to Keith market, in Sep' 
tember 1827, with three mares. Knows the mare in question; 
looked at her; she was on the outside, in defender’s hand ; saw 
no appearance of lameness or unsoundness about her. Did not see 
her trotted. Would walk, trot, and gallop a horse if he were 
purchasing one; but working horses are, in general, only walked 
and trotted. He looked at the mare particularly, out of curiosity, 
as he knew defender paid rather dear for her at the roup ; and 
witness expected defender would leap upon her; and would have 
been satisfied of her soundness if he had been going to purchase 
her, from what he saw of her at that time. 
James Guthrie, Haityburn, eight miles on the road to Keith 
market from defender’s. Defender stopped at witness’s house for 
two hours, to bait mares. Witness looked at the mares when 
defender left his house with them for the market; and asked 
defender why he was selling so many mares. Defender said he 
did not intend to sell them all, but only such as would take the 
market; for pursuer would have taken mares as sound without 
more inspection, if he had wanted to purchase, and he has a 
notion of looking at horses. Did not see the mares trotted. 
Has no doubt it is necessary to see a work horse trot, to see if 
he is sound. 
James Carnegia, greive, Montblainy, saw defender at Keitli 
market, September 1827, with said black mare. Looked at her 
to purchase; but before he could ask the price, another man 
began to bargain with the defender about the mare. Saw de¬ 
fender lead the mare about to let the man see her. Saw no 
lameness or defect about her, and she appeared quite sound. 
Afterwards asked if the mare was sold, as witness wished to 
purchase her. Did not see the marc trotted, and did not consi- 
