330 VETERINARY JURISPRUDENCE. 
particularly being put to mares that had been served before, 
all this put together would tend to produce acute inflammation, 
particularly in the lungs, as those organs are most susceptible 
to it. Acute inflammation was the cause of death; there was a 
total absence of chronic disease ; he was well satisfied that the 
horse having an abscess for three months must have shewn 
it so that they could predicate the precise place. In chronic 
diseases of the lungs the coat is what is called by stablemen 
unthrifty, and in that opinion he agreed with Professor Dick ; 
thus, in horses which carried a good coat it would be impossible 
to have had this chronic inflammation. 
Cross-examined by Mr. Bubb .—A symptom of inflammation 
of the pleura would be effusion of lymph; tubercles had been 
formed in three or four days; those things are'scientific facts; 
a horse with diseased lungs in a very incipient stage might 
get fat and sleek; an abscess may remain a twelvemonth; it 
was very different with Mr. Hayward’s horse, which died of a 
decidedly acute inflammation. 
By his Honour .—He agreed with Mr. Hooper that the disease 
was pneumonia; he had no difficulty in deciding that, as the de¬ 
scriptions given by Mr. Hooper were so exceedingly clear, the 
adhesion was the consequence of inflammation and was not the 
cause of death; he had examined adhesions of long standing, and 
those of recent formation, and he did not believe they could be 
distinguished in such a case as this. If the lungs were perfectly 
free from disease, then the adhesions would be fairly considered 
chronic; as a scientific man, he thought that the horse must 
have been sound on the 6th of June. There were certain 
diseases which were attended with tubercles, and their form¬ 
ation was particularly quick in the lungs; he had seen sup¬ 
puration brought on in ten da)'S; those tubercles were formed 
by the inoculation o£ the matter of glanders; true consumption 
was unknown in the horse : there was this difference, that in 
the human subject consumption gradually approached, and was 
chronic from the first; but a horse might be sound to-day, yet 
die in a consumption, so called, in a fortnight’s time; con¬ 
sumption was sometimes congenital; it was common to see 
tubercles of all ages in one specimen; the larger abscesses would 
be at the lower part; brittle feet do not indicate consumption, 
and a fine glossy coat is a sign of health. 
Mr. Newmarch said that this was his case, and then ad¬ 
dressed His Honour, in a speech of great ability, for the de¬ 
fendant. 
Mr. Bubb then replied. 
His Honour then summed up. He would at once disen¬ 
cumber the case with regard to the warranty. He believed 
