VETERINARY JURISPRUDENCE. 
57 
were about a quarter of an hour away. Mr. Ward said when he came 
back that lie liked the horse very well; he also said he fancied the 
horse shied a little. T said, “He never shied with me. 55 Mr. Ward 
and Mr. liailey, who was also present, then went to my house, and 
bought the horse at £37- Mr. Ward asked me for a warranty, which I 
gave him. Plaintiff wrote out the warranty himself, and I-signed it. I 
was not at home when Mr. Ward’s first letter arrived, which was the 
reason I did not answer it. When plaintiff came over to my house he 
said, “This horse shied nearly as bad as my own did.” I told him the 
best thing he could do would be to keep him for a week and try him. 
I told him shyness was no unsoundness ; he said it was. I asked him 
if there was any unsoundness? He said he thought not. He returned 
the horse with the letter on the 12th April. I sent the horse back the 
next morning. I also sent a message by my man, to say I would be 
there at ten o’clock, I went to Mr. Ward’s with Mr. Scott, who exa¬ 
mined the horse and pronounced it sound. He said it was not worth 
while for two neighbours to go to law, the best thing would be to let me 
get another horse. Mr, Ward agreed to do so. I told him there were no 
fairs for a fortnight or so, but as soon as I could get one I would bring it 
over to him. I heard nothing more of the horse till the 27th of April, 
when I received the notice which has been produced. I got no person 
to bid for the horse or to raise the price. The horse was in my posses¬ 
sion from the 22d to the 31st of March. During the time it was in my 
possession it never went lame. In my opinion the horse is not unsound 
in any respect. The horse had no vice and was not a shier. I only 
rode him once, which was to Chippenham market. I took a young 
man named Fussell to Mr. Neale’s house, who took the horse to Bristol. 
Fussell is an assistant of mine. I met the horse at Bristol, and went to 
the stable where Fussell had it. I did not accompany the horse to Mr. 
Kent’s, but went within about two hundred yards of where Kent lives. 
Hitchcock, an innkeeper, went with Fussell. Saw both go to Mr. 
Kent’s. The horse looked more like a cob than it did before. It was 
the same horse, and still shows the alteration made in him. There was 
a stain on the hind leg, which is not off. 
Cross-examined by Mr. Edlin—I have carried on horse-dealing about 
five years. Was a cattle-dealer before then, and a gamekeeper before 
then. Went to prison for looking after the game. The gamekeeping 
ceased when poaching commenced. Fussell has been living with me 
about six weeks. He understands doctoring horses better than I do. 
I sent him to Mr. Kent’s to get his conscientious opinion about it. The 
mane of the horse was put on the other side. 1 went to the “Bush” 
stables, at Bristol. Fussell has been a horse-dealer at Bristol. I have 
seen him about for many years. When the horse was tried Mr. Ward 
said it shied a little. It never shied with me. 1 never drove him in 
harness. I never heard that habitual shying in a horse was a vice. 
Cross-examination continued—Mr. Neale was a perfect stranger to 
me at the time of the sale. Mr. Neale lent the horse to me to have him 
examined. Mr. Neale told me Mr. Kent had been down to Corsham to 
examine the horse. A man in Bristol told me that Mr. Kent had pro¬ 
nounced the horse unsound. 1 believe it was the man at the sign of 
the “ Hatchet” who told me so. I don’t know who cut the hair off the 
leg. Some liquid as well as dirt was used to discolour the skin of the 
horse. Horse-dealing is sometimes a good trade. Would do anything 
to sell an honest good horse. 
Re-examined by Mr. Jones—Don’t know what was put on the leg of 
the horse. I often buy horses of people whom 1 do not know. 
By His Honour—I never coloured a horse. 
XXXIII, 
8 
