VETERINARY JURISPRUDENCE. 
299 
Mr. Norris then proceeded to address the jury for the defendant. He 
complained that the usual courtesy of the profession had not been ob¬ 
served by the other side, in not giving him notice of the engagement of 
counsel, so that defendant might have obtained the like assistance. He 
was satisfied, however, that the court and the jury would not permit the 
interests of his client to suffer through the feebleness of his advocacy. 
The evidence which had been given had filled him with astonishment, 
for the mare had been in the possession of Mr. Coleman for a year and 
a half before she was sold to Mr. Hussey, and he should be abie to call 
witnesses of the highest character, who would entirely and positively 
rebut the inferences which had been attempted to be established. Mr. 
Coleman would scorn the action of knowingly selling an unsound horse 
to any one. His intention was to have kept this mare for his own use, 
and he would never have thought of parting with her if Mr. Hussey had 
not applied to him. Whatever the result of the case might be, Mr. 
Coleman honestly believed that at the time he sold her the mare was as 
sound as any horse in England. He did not intend to deny that she 
had side-bone at this moment, but he believed he should be able to 
prove that it must have arisen whilst in Mr. Hussey’s possession, seeing 
that even now it was only in an incipient state. He also contended that 
Mr. Coleman could not be reasonably expected to suffer loss, after the 
mare had been kept without complaint for eleven weeks, during which 
time the plaintiff and his groom pretended to have been aware of its 
defects. 
Mr. John Coleman, the defendant, was then examined. He said—I 
remember Mr. Hussey’s groom coming to me early in November last, 
respecting the purchase of the mare in question. I took her down to Mr. 
Hussey’s stables, and he asked me if I had any objection to his riding her 
to Winterslow to meet the hounds. I said I had not. She was brought back 
to my stables in the evening. Mr. Hussey told me he had ridden her to 
cover with the hounds. 1 made the deal on the following Monday, and 
received a cheque for the £60 towards the end of the week. In con¬ 
sequence of the negotiation with Mr. Hussey I examined the mare as 
to soundness. She was then quite sound. She was delivered to Mr. 
Hussey’s man on the 8th November. I believe I saw him, but what he 
has stated with regard to the conversation between us is incorrect. He 
did not say a syllable about the enlargement or filling of the leg. I am 
quite prepared to state that there was no enlargement at that time. 
Shortly after the sale the frosty weather set in, and during its con¬ 
tinuance I saw the mare exercised on the hard road. I was at Mr. 
Hussey’s attending a carriage horse every day from the 3d December to 
the 9th, but I heard no complaint whatever about the mare. The groom 
told me she fell lame coming down Castle Street, and on examining her 
I found a little heat round the coronet. I said she had most likely 
stepped on a stone, and accordingly ordered the foot to be poulticed. 
On the following day the inare was very well, and went out for exercise. 
From the 9th December so the 14th January, I was not at Mr. Hussey’s 
stables at all, and I received no intimation that the mare did not answer 
the terms of the warranty. On being sent for, I examined her on the 
14th January, and found a little ossification going on in the lateral car¬ 
riage. Mr. Hussey assented to my treating her as his own. I should 
have bled her in the toe on the following morning, if Mr. Hussey had 
not, in the evening, sent to say that he preferred letting her alone for a 
few days. A man might lame the best horse in the world in one day. 
On theMonday following this interview I again saw Mr. Hussey, and 
he wished me to take the mare back. I declined to do so, on the ground 
