VETERINARY JURISPRUDENCE. 
291 
November; rode him from two to four miles at different paces, 
and considered him to be thick-winded. Saw him rode by Mr. 
Newton before Mr. Topham’s nephew took him back, and was 
of the same opinion still. 
Cross-examined.—Has been in practice for himself between 
two and three years, and was a pupil at the College thirteen 
months. It is a somewhat rare thing for a horse to be thick- 
winded at five years old, but it does sometimes occur. This 
disease is not always permanent. It is the effect of inflamma¬ 
tion in some of the respiratory passages. I consider any tempo¬ 
rary disease to be unsoundness so long as it lasts. Even a cough 
is unsoundness: a common cold is so as long as it lasts. The 
horse must have laboured under this affection some time prior to 
the time of Topham’s purchasing him. The duration of such a 
disease is altogether uncertain ; it depends on the violence of the 
inflammation, and on the mode of treatment. The horse was not 
a roarer or a piper, but he was thick-winded. It is occasioned 
in the first instance by a cold. It is unsoundness as long as it 
lasts. 
Mr. Jesse Hopley, farrier, examined the horse when he was 
rode out. He sweated very much, and breathed very hard, which 
was unsoundness. It might have been of two or three weeks* 
standing, or two or three months. 
Mr. Jervis addressed the jury at very considerable length, and 
contended that the thickness in the horse’s wind proceeded en¬ 
tirely from a temporary cold, and would cease when the cold was 
removed. ^ 
Mr. Thomas Edwards, livery-stable keeper at Chester, had 
been all his life accustomed to horses. The horse in question 
belonged to the Ilev. Mr. Gibson, and was seven years old. 
Witness purchased him of the Rev. Mr. Gibson for Mr. Lowe, 
in September 1834; he was then quite right. Witness tried 
him on the Sands, and he was then sound. He remained with 
witness till Mr. Lowe exchanged him with Mr. Milling for a 
mare, and gave also £10. He saw the horse last Sunday; he is 
fat, and in a healthy condition. He appeared to have been in the 
stable a long time. 
On cross-examination, the witness was asked what sum he 
gave for the horse when he purchased it of Mr. Gibson. ^‘That 
is a question,” said the witness, “ I shall not answer: what I 
give for horses is nothing to nobody.” 
Mr. Baron Bolland said if the witness refused to answer the 
question, he should commit him to prison. 
The witness then said that he believed he gave thirty guineas 
for the horse. 
