366 
VETERINARY J UR1 SPltUDENCE. 
creditor hills, he would of course be compelled to say * yes.’ There¬ 
fore, to avoid that, let the bills he dated forward, say from March 25th, 
then he can at once swear he has given none.” The witness not 
answering, Mr. Collier put the letter to Hawkins into his hand, and he 
admitted the handwriting to be his, and in explanation said other 
creditors were pressing Strong, and he wished to serve him and start 
him again, and the bills were to be given to serve him. 
Mr. Collier —Did you not induce Strong to post-date bills—1 have 
them here—and did you not indorse a letter of the bankrupt thus, “ Take 
care of these letters, as you see he offers to serve us by acceptances, 
which would not be filed in court?” 
Witness —He was to post date the bills, 
Mr. Collier— I shall ask you no more. 
Mr. Smith —Who is Hawkins? 
Defendant (pointing to a person in court)—There he is—there is the 
embezzler. 1 point him out to y f »u; I have discharged him. 
John Elmore , servant to Mr. Badcock—Knew the mare, and had the 
charge of her while In the stables ; never knew of anything being the 
matter with her as regarded her health, or that she had corns. Had 
ridden her with a snaffle, and she went quietly. Saw Mr. Butson at 
Exeter. He went to the stable and looked the mare over. 
Cross examined—She was a quiet mare to ride; should call her a par¬ 
ticularly quiet mare. 
William Norris —I am a veterinary surgeon, and a member of the 
College ; examined the mare after Mr. Badcock bought her on the 31st 
of August, 1857; considered her perfectly sound; there was a slight 
approach to a side bone on one of her feet, but it was too slight to 
notice. 
Cross-examined—Last saw the mare about September, 1858, but did 
not examine her. 
Re-examined—Have ridden by her side; she appeared excitable, but 
I observed no vice in her. 
John Smith, shoeing-smith, in the employ of Mr. Norris—Had been 
in the habit of shoeing the mare; never saw any corns, or heard her 
cough at all. 
Cross-examined—Last shod her hind feet in August, 1858; had not 
shod her fore feet since April, 1858. 
James Wright, a shoeing-smith, who had shod the mare’s fore feet on 
the 25th of August, deposed that he saw no corns there, although he 
examined the feet. 
John Crispin, a colt-breaker, deposed that he broke the mare, and 
last rode her in October; rode her with hounds and with a plain snaffle 
bridle; never observed any cough or signs of illness. 
Cross-examined—Am not aware that 1 was hired to ride her because 
Mr. Badcock was himself afraid. 
Samuel Avery, livery-stable keeper, of Exeter—Had the mare for 
about a month or five weeks before she was sold. His son rode her 
with a snaffle. She was quiet. Observed no cough. 
Cross-examined—The reserved price on her was forty-five guineas ; 
don't know that there was any bidding for her. 
Mr. M. Smith, in summing up the defendant’s evidence, said, the 
only real question was that of warranty, and the evidence as to the un¬ 
soundness would only become material when the damages had to be 
assessed. H submitted that the evidence and the correspondence were 
quite inconsistent with the allegation that defendant had warranted the 
mare. 
