OBITUARY. 
63 
fere nee to a man who carried the “ jipping-pot ” at the present time. 
Further than this, be (the counsel) would press upon their minds the 
conduct of the plaintiff, who from the first and even before any veteri¬ 
nary surgeon had been called in, expressed his doubts to the defendant 
relative to the horse, by letter, as early as the 8th of April last. One 
fact was worth a thousand arguments, and he thought this some proof 
that the unsoundness existed on the 31st March last. After reviewing 
the evidence which had been adduced on the ground of shying, and 
stating that he had most conclusively proved a clear case on this point, 
not only from the plaintiff’s letters, but also from the evidence of the 
plaintiff and Bailey, as well as from the testimony of defendant’s own 
witnesses Thompson and Neale, the learned counsel concluded an elo- 
cpient and touching address by appealing to the jury for a verdict which 
he was certainly entitled to on one or other of the issues. 
His Honour summed up the evidence to the jury in the most careful 
and logical manner, remarking that the defendant had been foolish 
enough to endanger his case by a trick which made him (the judge) very 
suspicious. What confidence could they (the jury) have in a man who 
unblusliingly confessed to a falsehood ? His (the judge’s) advice, there¬ 
fore, was to put out of question the evidence of the witness Fussell. At 
the same time he would, however, urge the jury to be careful not to let a 
topic of that kind interfere with other grounds. If the jury thought 
the horse proved unsound (and it rested with the plaintiff to make that 
out to their satisfaction), they must return a verdict for the plaintiff; 
but if they thought the horse not proved unsound, then they must de¬ 
cide that point against the plaintiff. As to the second charge, that the 
horse was not free from vice, he would state that a horse, to be possessed 
of vice, must be an habitual shyer. After recapitulating the evidence on 
this point, his honour said he would not express himself so strongly 
upon this part of the case, but if they (the jury) thought the plaintiff 
has made out to their satisfaction either unsoundness or shyness, they 
must give him a verdict; but if they should be of opinion that he had 
failed on both points, or had left the matter in reasonable doubt, then 
it would be their duty to decide in favour of the defendant. 
The jury then retired, and after being locked up for about an hour, 
returned into Court with a verdict for the plaintiff. The hearing of the 
case commenced at half-past ten o’clock in the morning, and the pro¬ 
ceedings did not terminate till half-past eight in the evening, during the 
whole of which time tne greatest interest was manifested.— Wilts and 
Gloucestershire Standard . 
OBITUARY. 
We regret to announce the death of Mr. Thomas Turner, 
M.R.C.V.S., which occurred on Monday, December 19th, 
1859. The event taking place so late in the month, pre¬ 
cludes our making any lengthened comments ; but our readers 
will remember that he had for many years carried on an 
extensive practice in association with his brother, Mr. James 
Turner, and, on the obtainment of the Charter, was nomi¬ 
nated the first President of the Royal College of Veterinary 
Surgeons. 
In our next number we hope to be able to give some 
account of his professional life. 
