174 
VETERINARY JURISPRUDENCE. 
The plaintiff was Thomas Purves, and the defendant was Hanson 
Bird, the captain of the ship “ Clarissa Bird,” in which vessel the horse 
had been shipped from London for this colony. 
Mr. Michie , in opening the plaintiff’s case, said that it was not neces¬ 
sary to introduce Mr. Purves to the jury. He was well known as an 
old settler, and the importer of very valuable stock into the colony. On 
a recent visit to England he had bought several thoroughbred horses, 
among others, the sire horse, St. Hubert, the subject of the present 
action, and shipped them on board the ‘‘Clarissa Bird” for this colony. 
St. Hubert was known as having run second to the Lord of the Isles in 
the 2000-guinea race, at Newmarket, in 1855. He was a horse of 
the highest blood, and had he landed safely in the colony would have 
been worth at least £l000. Mr. Purves shipped six horses, and sent 
three men to attend them. In the course of the voyage, off the Western 
Islands, the horse became affected with a running at the nose, incident 
to cold, strangles, or some other transient disease. A man named 
Bowser, one of the grooms, alleging that the disease was glanders, 
asked the captain for a pistol to shoot him. The captain, curiously 
accommodating, as if it were a donkey that was about to be shot, or a 
mad dog, handed him the pistol, and the animal was shot, and thrown 
overboard. This was the occasion of the action. The defence was— 
first, that the horse was affected with glanders, and that it had become 
necessary, for the safety of the other animals on board, and even of the 
crew and passengers, to destroy him ; and, secondly, that the defendant 
had acted with the leave and licence of the plaintiff, a plea which, no 
doubt, it was intended to support by endeavouring to show that Bowser 
was the authorised agent of the plaintiff. These were the questions the 
jury would have to try. 
Mr. Michie proceeded to call witnesses. 
Mr. Puvey proved the bill of lading and the shipment of the horse by 
the ship “ Clarissa Bird.” 
Mr. Purves —Was in London in November last. Shipped six horses 
—among them the horse in question, St. Hubert. There were no horses 
on board but his. Sent three grooms with them, Bowser, Hopkins, and 
Parsloe. The horses were all thoroughbred. St. Hubert was the most 
valuable, both from his pedigree and the position he had held in races. 
He had run second for the 2000-guineas at Newmarket. He was a sire 
horse. Was offered £700 for him by Mr. Roe. Witness considered 
the horse worth £1400. Saw the defendant about the grooms at the 
time of shipping the horses, and told him that these men would go out 
and attend the horses. 
Cross-examined—St. Hubert ran second when the Lord of the Isles 
won in 1855. He was six years old when he was shipped. Had 
Captain Bird arrested in this action, laying the damages at £1000. 
Thinks St. Hubert was worth more than Boyardo. Paid £100 for him. 
Has imported several horses. The profit upon them did not come up 
to the profit estimated on this horse. 
Mr. Wright —I believe you have imported some of the best stock in 
the colony ? 
Witness—I am much obliged to you for the compliment. (Laughter.) 
Has imported some very, very good stock. Cannot state what is the 
average profit he has realised upon imported horses. Realised £1400 
upon one horse. Sold Wollerton to the Government the other day for 
£300. Chabron was a horse of the same class as St. Hubert. All 
thoroughbred horses are thoroughbred horses. (Laughter.) Chabron 
met with an accident. Brought the three grooms on an agreement for 
