VETERINARY JURISPRUDENCE. 461 
value, his intrinsic worth would not be more than he brought at 
the auction. 
Cross-examined.—Thinks any man on examining the horse’s 
eyes would have detected the unsoundness in the fair—a common 
observer might not in passing; his lameness would shew at once 
if trotting on the hard road—it might not, however, on soft ground, 
or if the horse was fresh and excited. The rupture, I think, is of 
no consequence, the parietes of the abdomen being to a very small 
extent broken and the skin being perfectly healed over the surface; 
considers the defect more a blemish than an unsoundness, as it 
could not possibly lessen the value of the horse for work; does 
not consider the horse worth more than he brought at the auction. 
Thomas Houston examined.—Was present at the sale of the 
horse by auction, at the Market-square, in Monaghan ; was knocked 
down for £13.. 10s.; it was a fair auction ; the bell was rung over 
the whole town an hour previous to the auction. 
Cross-examined.—The horse was bought in by the auctioneer, 
Mr. Holmes; Mr. Holmes is a very clever auctioneer; he used all 
his power and talent to get a good price for the horse; there was 
a great flow of eloquence on the occasion; saw the horse on 
Saturday morning after in Mr. Adams’s possession; he refused to 
draw the jaunting-car; would rear up, and would not work at all. 
Defence. 
Thomas Scallan examined.—Served a notice on plaintiff to sell 
the horse at the old Market-house ; he was not sold at the Market- 
house, but at the Diamond, which is a considerable distance from 
the Market-house, in consequence of which none of the defendant’s 
people were present at the sale. 
Hugh Smith examined.—Saw the horse at the fair of Belturbet, 
and since at Clones fair; he was the best looking horse at the 
fair; on the fair of Belturbet it was a rainy day, and freezing. 
Cross-examined.—Thinks it might rain in the morning and 
freeze in the afternoon; the road was hard enough to try if he was 
lame; thinks the horse he saw in Clones was the same horse; is 
pretty sure of it; will not swear it was the identical horse. 
James Johnson examined.—Looked at the horse in the fair; 
knows him well; there was nothing wrong with his eyes; had 
him trotted out; he did not shew lame. 
Cross-examined.—Is a good judge of a sound horse; knows a 
horse that would please himself; he is not a screw merchant; 
does not pretend to be as good a judge as Mr. Small. 
Thomas Wilson examined.—Ts a blacksmith; shod the horse 
for two years before he was sold;' never knew any thing wrong 
with his feet. 
VOL. XXII. 3 P 
