VETERINARY JURISPRUDENCE. 
629 
did not bid, but that Sigley bid for him. Mellor did not go with 
him to Manchester; witness lives at Cheetham Hill. Witness told 
Sigley that this horse was being sold in consequence of a dispute, 
and he thought it would go cheap; and if he (Sigley) wanted a good 
bargain, he had better attend. Told him the horse would suit him, 
and that it would be sold without reserve. Did not exactly tell him 
to buy it, and did not desire him to buy it back for the concern; 
believe he had instructions to go as far as £2 to prevent it being 
thrown away. [ Laughter .] He was certainly told that, if it went 
beyond that, to let it go. 
Re-examined. —Mr. Mellor, the friend of Mr. Boden, bid more 
money, and purchased the horse for £30. 
Mr. Joseph Swaine , the veterinary surgeon, from Ashton, swore 
that, when he accompanied Mr. Kenworthy to examine the horse, 
he found a bony enlargement inside the near fetlock. [He handed 
in an anatomical specimen of a horse’s lower leg, fetlock, foot, &c., 
but without shewing any thing that could assist the jury in compre¬ 
hending the nature of the enlargement.] Told the parties he could 
not pass the horse as sound. Mr. Boden also examined the leg; 
he stated he was as capable of doing so as any veterinary surgeon, 
and denied that there was any bony enlargement. The warranty 
was however given, and the horse was taken to Mr. Kenworthy’s. 
On the week following was called in, and treated the horse as for 
another attack of influenza. In the beginning of May, Lees, the 
carter, brought it again to his house, and, on examining, found the 
enlargement still remaining on the fetlock joint. Gave him some¬ 
thing to rub it with, and made an alteration in the shoeing. Still 
it continued lame; the enlargement was the cause of that lame¬ 
ness. Mr. Worthington, of Manchester, had pronounced the horse 
unsound. Saw Mr. Boden at Ashton, on the Wednesday after 
Mr. Kenworthy’s return from London, and told him Mr. Kenworthy 
wanted to see him about the grey horse. Mr. Boden asked what 
about. Witness replied, because it had fallen lame from the en¬ 
largement of the bone inside the fetlock. Mr. Boden said he had 
nothing to do with that. The enlargement in question would be 
very slow in making its appearance; it could not have come in 
less than twelve months’ time. 
Cross-examined .—Passed the College last April twelve months, 
and lives about half a mile from the collieries. By shoeing a great 
alteration may be made in the effect of even the enlargement of 
the bone. The smith put the shoes on ; was not present himself 
to see how it was done. 
Wm. Mirfield proved the delivery of the horse at Mr. Kenworthy’s 
stables; and Wm. Lees, the carter, was examined as to the parti¬ 
cular mode of treatment. He only submitted the horse to one-third 
