VETERINARY JURISPRUDENCE. 
325 
travelled the horse a little way; he did not know how long he 
was travelled, about ten days very likely; he did not sell him 
to Davis ; he did mean to say that Mr. Davis worked the horse, 
and that he was lo have no part in the profit; perhaps at the 
end of the season he might have sold it to Mr. Davis ; when 
he bought the horse he had no warranty, for there was plenty 
of witnesses; Mr. Wheeler warranted him sound; he heard 
Mr. Wheeler say that he warranted the horse; Mr. Wheeler 
sold the horse to him for Mr. Hayward ; he asked Mr. Wheeler 
to settle the affair between them, to give him half back, or 
something or another ; he did not see Mr. Wheeler for a long 
sime after. 
Thomas Wheeler , the elder, re-called by His Honour. The 
age of the horse was five years, on the 8th of May, the spring 
before he died. 
John Davis , corn chandler, of Cheltenham, had been in the 
habit of keeping stallions for some time past; he remembered 
Mr. Bee’s asking him to take care of a horse; it was in a very 
good condition; he used it as a stallion about four or five days, 
not more; he understood that the horse was sent to him to be 
so used; he had a stallion of his own in work at the time ; he 
used Mr. Bee’s horse to assist the other at the end of the season, 
as he had more than he could do with his own horse ; he was 
not exactly aware how many mares he had, for he did not travel 
him himself, a man in his employ, of the name of Beekes, travelled 
him; Beekes, about the fourth or fifth day, complained that 
the horse was not well; they kept him a week after receiving him 
before he was used ; on the third or fourth day this complaint 
was made, he could not say to a day; he let Mr. Bee know 
that the horse was not well, and he had a veterinary surgeon 
to look at him; the horse was ill about a week or ten days, 
and then died ; the surgeon came every day, and at night occa¬ 
sionally; the horse was travelled the same as his own; he 
pretty well fed his own horses; the same man had the care of 
both horses ; he put his own horse out of the stable and put the 
other in, as there was no more room; he did not know of any 
cause to produce illness; he saw him several times a day; the 
horse never laid away from home a single night, not when he 
was travelled. 
Cross-examined hy Mr. Newmarch. —He had been in the 
habit of keeping stallions; he gave them plenty of corn ; he 
was a corn dealer; he kept them in the stable, and kept them 
pretty warm, not too hot; they had ventilating places to give 
them air, and keep them to a certain heat; w r hen he first had 
the horse he never bled or physicked him at all; he knew how 
he had been kept; the other horse was not ill, but in good 
