62 
’VETERINARY JURISPRUDENCE. 
learned counsel) was a man of astute intellect. It was very likely that 
the witness Fusselltold an untruth when he went to Mr. Kent, hut he (Mr. 
Jones) asked them (the jury) to believe that Curtis did not direct Fussell 
to do this, but that the horse w r as sent by the defendant for the sole and 
bond fide purpose of testing Mr. Kent’s judgment and getting that gen¬ 
tleman’s opinion (though he should state that the horse was sent by 
Curtis to Kent without his (Mr. Jones’s) suggestion or advice). It 
would have been perfectly absurd to have taken the horse to Mr. Kent 
in his original state. It had, however, been proved that the defendant 
had sent down a respectable man in order to see that all was right, and 
he (Mr. Jones) would ask them, after the evidence that had been given 
on this point, whether there was the shadow of a doubt in their minds that 
the horse which Mr. Kent pronounced sound was the same horse which 
he (Kent) had sworn to have such a complication of diseases, which in 
their experience they must have known never to have existed ? He (Mr. 
Jones) appealed to their common sense whether the horse could have 
the five diseases which had been enumerated, and whether they could 
still believe it possible that a horse with those diseases could do an 
ordinary day’s work. He (Mr. Jones) left the case in their hands, fully 
expecting and relying on a verdict in favour of his client. 
il/r. Edlin , after complimenting Mr. Jones, who in his opinion was as 
competent as any counsel to conduct a case, and who during the present 
trial had not only exercised judgment but an admirable temper and the 
manners of a gentleman, said he should have a very ill opinion of the 
jury if he (Mr. Edlin) did present facts and arguments before them which 
would mislead them in arriving at a proper verdict. He (the learned 
counsel), notwithstanding the fatigue and inability which he had felt 
during the trial, had found the utmost attention on the part of the jury, 
and whatever might be the result of their verdict, he thanked them for 
the manner in which they had performed their duties. The learned 
counsel then proceeded to view the real bearings of the case, at the 
same time complaining that his client’s case had been somewhat preju¬ 
diced by questions being put concerning facts which could not be proved. 
He (Mr. Edlin) always abstained from such a course, as he sometimes found 
it difficult even forjudges to eliminate from their minds that which w^as 
strictly not evidence. It was true that they (the jury) had to meet a 
case of very conflicting evidence. Much had been said by Mr. Jones as 
to the plaintiff’s witnesses not agreeing, but Mr. Jones seemed to forget 
that this was a fact which was against him. He (the learned counsel) 
submitted that it looked very suspicious when scientific witnesses could 
make their evidence agree in the same way as two and two made four. 
The point aimed at was unsoundness, and if the plaintiff’s witnesses ar¬ 
rived at that point by different roads, their evidence, he contended, was 
of the more value The learned counsel, after analysing the medical 
evidence, and showing that the defendant’s witnesses could not be put 
in competition with the plaintiff’s, asked the jury whether they could 
for one moment think of giving a verdict for men who carried the 
“ jipping-box *’ about with them. Who would believe the story related 
by Fu ssell, when credibly placed in competition with Mr. Kent, who 
stated that the horse examined by him the other day was only four years 
old, whereas the horse in question was rising six? It was no doubt a 
trick to get rid of Mr. Kent’s evidence that day, but it was a most dis¬ 
reputable proceeding, and one which would not have been resorted to if 
the defendant had any confidence whatever in his own case. It was not 
the first time that a couple of jockeys had played a similar trick ; but 
here was Mr. Kent, a respectable old man, who could not have many 
more years to live, and surely they (the jury) would believe him in pre- 
