362 
VETERINARY JURISPRUDENCE. 
Copt. Monde deposed to having agreed to hire the mare of Mr. 
Butson at £8 per month; she was a very nice-looking mare; when I 
rode her the first time I did not like her very much ; rode her three or 
four times, and she went more like a mad thing than anything else. 
Mr. Collier —Will you describe how she conducted herself. 
Copt. Maude —Well, she ran away with me in the first place. 
Mr. Collier —But you stopped her? 
Copt. Maude —() yes ! I stopped her with some trouble. 
The Judge —Why did you ride her again ? 
Copt. Monde— Because I didn’t choose to be beaten (a laugh). 
Mr. Collier —Well, did she beat at last, or did you? 
Copt. Maude —Well, I can’t say, I’m sure. 
Mr. Collier —Did she run away with you again ? 
Copt. Maude —O yes! she broke her martingal, and had a new one; 
she did not bolt with me after that, but I believe that she would have 
run away if she had not had a martingal. 
Mr. CoHier —You could manage her with the martingal ? 
Copt. Maude —Well, I could just hold her. 
Cross-examined—1 found out what she was the first time I got on her 
back, and told Mr. Butson of it. 
Nathaniel Leigh —Am a veterinary surgeon, and was called in on the 
12th January to attend the mare; she had inflammation of the lungs, of 
which she died on the 19th January; opened her after death, and found 
her lungs in a high state of inflammation ; and there was chronic disease 
also in the left lung; it must have been of many months’standing; 
should say more than a twelvemonth; the organic structure of the lung 
had become changed; it was a very great unsoundness. 
Cross-examined—The high state of inflammation was recent; the 
acute inflammation might have been brought on by hard riding; in 
chronic inflammation there would be a very peculiarly marked cough ; a 
man accustomed to horses, if the mare coughed, must have discovered 
it at once. 
Re-examined—The extent to which a cough will show in chronic 
inflammation must depend a good deal upon the diet and treatment of 
the animal. 
John Kent —Am a veterinary surgeon, and have been in practice forty- 
six years ; produce a piece of the lung of the deceased mare, which I 
received from Mr. Leigh. [The witness produced the preparation to 
show that the lung had become solid instead of porous]. A lung could 
not have become in that state in a sort time ; it probably had originated 
in bronchitis; the lung might have been in that condition for six months 
or five years; sometimes an animal might have that extent of organic 
disease without any cough, unless put to violent work. 
Cross-examined—The end of such a disease is death, and nothing but 
death; I have known animals die from such a state of lung without 
having any cough. 
Mr. M. Smith then addressed the jury for the defence. He said the 
real question which they would have, by their verdict, to determine, was 
whether or not a warranty was given with the mare; there was no plea 
on the record denying the unsoundness,* and their inquiry would there- 
* Mr. M. Smith did not say “ there was no plea on the record denying 
the unsoundness,” but that “the unsoundness teas proved by Mr. Kent 
to his satisfaction , therefore he admitted it, and should cull their attention 
solely to the warranty .” 
You may rely on the correctness of my version, and should you notice 
the trial piease to insert it on my authority. John Kent. 
