182 
ARMY APPOINTMENTS. 
testimony that both horses were perfectly sound. lie had examined the 
carriage horse at the door, and in his judgment he exhibited not the 
slightest indication of bone spavin, and was then sound. Mr. Ellis, for 
twenty-eight years a veterinary surgeon at Liverpool, adhered to his 
opinion that neither horse had a bone spavin. He had examined the horse 
at the door, and he was as sound a horse and as free now from blemish as 
any horse that ever lived, the bony deposit on the shank having been ab¬ 
sorbed since he had last seen him. A bone spavin could not be ab¬ 
sorbed. Once a spavin always a spavin. He pledged his reputation 
that the carriage horse he had just seen was sound. 
Mr. Payne, veterinary surgeon, after seeing the horse, gave similar 
evidence. 
On the part of the plaintiff, Mr. Mavor was called, and he stated that 
the horse at the door had a bone spavin on the off hock, and was lame 
of it, and was lamer to-day than when he last saw him. He was very 
palpably lame ; he had not a shadow of doubt about it. 
Mr. Ballantine then summed up, asking thejury on this contradictory 
scientific evidence to rely on the facts proved in the case, and not to 
place too much reliance on the evidence of veterinary surgeons seeking 
to prove unsoundness; for, if such proof were required, it was noto¬ 
rious it could always be got. A friend of his used to tell a story of all 
the horses in London shying whenever they passed a celebrated vete¬ 
rinary surgeon’s door, because they instinctively knew if they were 
taken there they would get a character for unsoundness. 
Air. James having summed up in an able speech. 
His Lordship went carefully over the conflicting evidence to thejury. 
Thejury retired, and after an absence of half an hour found a verdict 
for the plaintiff. They at the same time wished to express an opinion 
as to the honorable conduct of the defendant all through the trans¬ 
action.—Verdict for the plaintiff—Damages, £92. 
ARMY APPOINTMENTS. 
War Office, Pall Mall, Jan. 31, 1860. 
Royal Regiment of Horse Guards.—Veterinary Surgeon 
Matthew John Harpley, from the Royal Artillery, to be 
Veterinary Surgeon, vice Byrne, who retires upon half-pay. 
Royal Artillery. — Acting Veterinary Surgeon Edwin 
Thomas Cheesman, to be Veterinary Surgeon, vice Harpley, 
appointed to the Royal Regiment of Horse Guards. 
VETERINARY MEDICAL DEPARTMENT. 
To be Acting Veterinary Surgeons. 
Griffith Evans, Gent. 
James Joseph Meyrick, Gent. 
John Marshall Wilson, Gent. 
William Appleton, Gent. 
1 Robert Marshall, Gent. 
Adam Elijah Clarke, Gent. 
John Anderson, Gent. 
