COATES V. STEPHENS. 551 
question : she had no cou^h to the best of my recollection. 1 did not ob¬ 
serve her to have any cou^h at all. 
Cross-examined. —I fed her with the other horses, and that was all I noticed 
her by;—when she was sold and went away, I saw her go. I do not recol¬ 
lect her havino- a cough : to the best of my recollection, I never heard her 
cough during the time. 
Re-examined. —If any of the grooms saw any thing the matter with any of 
the horses, they would report to me. I was about the premises all the day. 
I was foreman. 
Mr. Gabriel Goldney. —I am a wholesale china and earthen-ware manu¬ 
facturer. I know the roan mare in question. I borrowed her of Stephens 
in October 183/. I drove her to the Land’s End and back. I had her out 
ten weeks; she coughed a little, but so slightly that I took no notice of it:— 
she performed her journey well, and had no lameness. I sometimes drove 
her thirty-five miles a-day; but generally shorter journies. 
Cross-examined. —I generally drove her moderately. I drove her one day 
from Wellington to North Curry, and from thence to Taunton in one day. 
Re-examined. —I found no iinsoundness in her. 
Robert Smart. —I am traveller to the Messrs. Lorymer. I had the horse 
the following day after Goldney brought her home. I drove her continually 
for about six months. I have taken her out long journies. I have driven 
her as much as 210 miles in one week : she was a very useful mare, and 
suited me very well. I drove her last night. I should say she was sound : 
she was not lame ;—she coughed occasionally*, but all horses do so :—she 
cost me nothing for medicine on the road ; and I do not believe that she 
was ill for one day. She came home better than she went out. 
George Williams. —I am a veterinary surgeon residing at Bath. I ex¬ 
amined the mare on Saturday last: she was then in Lorymer’s stables. I 
discovered nothing the matter with her ; she was perfectly sound. I coughed 
her; there was nothing the matter. She has no bone-spavin;—she went 
particularly free. Spavin can sometimes be cured. She has no thickening 
of the capsular ligament. 
Cross-examined. —I have practised at several places. I practised in Bristol 
four years ago. I found it answer. I left Bristol because of my brother’s 
business in Bath, and I thought it would be advantageous to me. Both 
hocks go remarkably free; there is nothing whatever the matter with them. 
I have known when the capsular ligament has been enlarged, that it has sub¬ 
sided under treatment or rest;—the hock is bound by transverse ligaments, 
and when there is disease, it is in them that it is: they are covered by the 
capsular ligament. The deposit is sometimes lymph;—it is called bone- 
spavin when, perhaps, only lymph is deposited. The capsular ligament is 
ultimately affected by bone-spavin, and it then becomes anchylosed; the 
♦ When both Goldney and Smart, witnesses for the defendant, acknow¬ 
ledge that the mare did cough, and each of them had driven her several 
hundred miles, and could not be mistaken in the matter, it is rather singular 
that the veterinary surgeons who were subpa-naed for the defendant should 
so positively swear that she did not cough at all. Surely a little more cau¬ 
tious language might have been used. Tliey might have adopted Mr. Ser¬ 
geant Bompas’s law, that there is “a sound cough.” 1 do here assert that 
the mare has, at this time, disease of both liocks ; is lame ; and has in¬ 
duration or hepatization of the anterior portion of one or both lobes of the 
lungs, and is thick-winded, and still has cither “ a sound or an unsound 
cough .”—Substance of some of Mr. Kent's Notes. 
