VKTKUINAliY JUIIISPRUDENCE. 
he returned, 1 asked him how he liked it?—he said he liked 
it very well, and it was a nice little horse. He asked the 
price, and Mr. Mountstephen said £25, Plaintiff said ‘‘Pooh, 
pooh, £15 is enough for it.” Master said, if he wanted a good 
article he could not expect it at a low price. He came again on 
Friday, and had the horse out—he again examined it; they did 
not agree about the price. He came two or three times in the 
course of the day, and it was brought out; he wanted to ride it 
again ; but master said “once was sufficient, and if he liked it he 
could take it.” Master and he went down to the house, and 
consulted about it, and they struck the bargain. The horse was 
taken up to the White Horse. I had had the grooming of the 
horse, and had observed no scars nor scabs on the legs. When 
it was brought back I observed a running wound and a swelling 
on the off fore leg: it appeared to be a cut, and there was matter 
in it—it was half way down between the knee and the fetlock. 
Mr. Rogers was present when it was brought back. 
John Tolcher, —I belong to the Half Moon stables. I have had 
to do with horses all my life. I saw the horse when Mr. Hole 
mounted ; I ran my hand down the leg; there was nothing the 
matter but a splint. I pointed it out to Mr. Hole, he said that he had 
seen that, but did not care about it. Cross-examined. —I heard 
that this horse was got by Gaijishorough, and knowing that old 
Gainsborough had had many splints about his legs, that made 
me interested to look at it. Thomas Beavis. —I keep the White 
Horse Inn ; I have been a coachman ail my life—fifteen years a 
mail-coachman. I saw the horse wdth Oxenham on his back a 
few days before it was sold ; it was a horse that I particularly 
fancied. Mr. Hole came to me and asked me if 1 knew a horse 
that would suit him—I told him of this horse. I saw neither 
wound, nor scab, nor running sore; there was no blemish or sore, 
but there was a little bit of a splint. If the hair had been off 
when I first examined his leg I must have felt it. Elias Cox ,— 
I am hostler at the White Horse. Mr. Hole brought his horse 
there for a night. I groomed it, and examined his legs, and there 
was not the least blemish in them. I got the horse ready for the 
gentleman the next morning. He examined the horse all over, 
and told me that “ he did not think he could suit himself better, 
go wherever he might for a horse.” I saw him go away ; there 
was not the least lameness about him. I saw the horse again in 
Mr. Rogers’s yard. There was a bit of scud between the knee 
and the fetlock, and a little humour running out. There was 
nothing of the kind when he started. 
Mr. Josias Rogers. —1 am a veterinary surgeon ; this horse 
was brought to my stable on the 3d of August. 1 looked at it on 
