VETERINARY JURISPRUDENCE. 
117 
submitted tliat there was not in this case any evidence of cruelty. The 
prosecution was Punch’s prosecution, and his friend opposite was the 
victim of Punch , who had called attention to the subject, and had in¬ 
serted an extraordinary picture at the head of the paragraph. He be¬ 
lieved if the stomach had been examined at the time it would have been 
found that the animal was poisoned, but then this prosecution would 
not have been heard of. 
For the defence, Mr. Cobbett called Mr. Gibson, veterinary surgeon, 
who bought the pony last year in the Isle of Man, and sold it to Mr. 
Harrison. He said he examined the pony after death, and found exten¬ 
sive ulceration of the stomach, the diaphragm ruptured, and a slight 
tinge extending about an inch round the apex of each lung. The con¬ 
gestion could not possibly have caused death. Ruptures of the diaphragm 
most frequently occurred after death. If they occurred during life 
bleeding took place, and there was none in this case. Rupture during 
life would cause hard breathing and congestion of the lung. Could not, 
from the symptoms in this case, account for death, except it was caused 
by the introduction of some poisonous substance. The ulceration was 
very recent, and might have commenced during the journey to Liver¬ 
pool. Had been acquainted with horses all his life, and was almost 
born on horseback. Did not think seventy miles an extraordinary feat 
for the pony to perform. Believed the bet was made because the pony 
was ugly looking, and could not carry flesh. Witness bought the pony 
last year, in the Isle of Man, for £20, on account of its powers of en¬ 
durance. Took him and four others sixty miles one day: it was then 
sent out again on another job. After Harrison bought the pony he 
wanted £60 for it. 
Cross-examined.—Had conversed with Unswortli about the case at 
Mr. Cobbett’s office. Charged half-a-guinea for examining the pony. 
Could not tell the cause of death. Had known the diaphragm to be 
ruptured by spasm of the stomach and bowels. Spasms would be pro¬ 
duced by over-exertion. Never saw such an extraordinary case as this 
in his life. Was satisfied the pony did not die from over-exertion. If 
the pony had been his, and could not have done that distance, he would 
have shot him. 
The magistrates consulted a few minutes, after which Mr. Walker 
(as chairman) said the case was a very proper one for investigation, but 
after all they had heard the summons must be dismissed. 
MACCLESFIELD COUNTY COURT.— Thursday, Oct. 28th, 1858. 
{Before Joseph St. John Yates, Esq., Judge.) 
STANLEY V. HULME. 
Warranty of a Plorse. 
This was a jury case, and was tried before the following jurymen : 
Messrs. John Heapy, Bosley, miller; James Grantham, Adlington, 
farmer; John Daniels, farmer, Rainow; Thomas Maddock, Park-lane, 
draper; and William Dale, Eaton, farmer. 
Mr. Parrott said the action was brought by the plaintiff, a working 
man, against the defendant, a farmer, living at Ridge Hill, Sutton. It 
was to recover £14 16s. for a breach of warranty on the sale of a horse, 
xxxii. 16 
