VETERINARY JURISPRUDENCE. 
529 
have seen Hill at the repository, shewing the horses. Mr. Sympson 
said he had called me up to witness the warranty of a mare, the 
price of which was £28; Hill answered, “Yes, I warrant the mare 
to be in good condition, and perfectly sound.” Hill was then 
directed to send the mare to Yatton, which was the nearest sta¬ 
tion to Banwell; the defendant was once employed by Messrs. 
A’Beckett and Co., to sell some horses which had been taken in 
the case of a person’s bankruptcy ; a Mr. Gore, clerk to the 
defendant, took an active part in preparing for the sale. 
Charles Nuttall Tomlins. —I am clerk at the Yatton station, 
and received the mare on the 22d December, at a quarter past 7 
o’clock; she was given in charge of a porter, who rode her to 
Banwell, which is about eight miles from Yatton ; she seemed 
tired, and went very slowly; I noticed her, and one of the men said 
she seemed to be foul: the charge for her by train was £1..17s..4d. 
Thomas Simmons. —I took the horse to Banwell; I started a few 
minutes before four, and led her; I could hardly get her along; she 
was all in a muck of sweat, and quite faint. I was nearly four 
hours getting her to the plaintiff’s house, and I then gave her to 
his servant; I received the fare, and 2s..6d for myself. 
Cross-examined. —She did not sweat from the beginning of the 
journey, but soon after we started. I stopped to give her drink, 
but not to drink myself. 
— Hancock, plaintiff’s bailiff, deposed that the mare was in a 
very weak state and was perspiring very much when brought; he 
charged the porter with having ridden her fast, but he denied that 
he had done so; she refused to eat for some time, and was not 
worked until the Tuesday after, when she was put in a cart; she 
went about a quarter of a mile, and appeared to be very much 
tired; she breathed very quickly, and seemed to be much dis¬ 
tressed. Mr. Sympson came down on the Saturday evening ; she 
soon appeared not to be able to work, and Mr. Barrow, a veterinary 
surgeon, was sent for: he attended her fifteen days, and she got 
better; but she again got worse, and Barrow then came and again 
took charge of her; but she died a few days after: she was never 
worked except under witness’s care, and was never over-worked: 
another person, named Fry, had had something to do with her. 
Witness had seen the horse’s entrails, and believed that she had 
been affected with disease for months before she died; she had a 
slight cough, but not violent. 
Cross-examined. —He discovered the cough after Barrow was 
called in the first time: Mr. Sympson was gone before Mr. Barrow 
was sent for. 
Samuel Fry remembered the mare being brought down ; she 
was in a very weak state; he saw the liver after the body was 
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