NEWS AND ITEMS. 
809 
horse, which the defendant accepted, but refused to refund the 
$50, to recover which he brings this suit. The defendant ad¬ 
mitted that he sold the horse under the representations alleged 
by the plaintiff, but avers that the horse is not knuckled ; that 
the warrant w^as only for five days’ trial; that the horse’s legs 
have been that way ever since he had him in his possession, 
that he was sound in his legs, but that the horse was a heavy¬ 
boned animal and bear-footed, and that was what some people 
look at as being knuckled. The defendant also showed that 
Thomas during the first few days he had the horse drove him 
with a load of slate over rough frozen roads from Slatedale to 
Slatington and back, and that this might have developed the 
knuckle. Veterinary surgeons testified that a knuckle is not a 
sign of unsoundness, and will disappear if the animal is given 
sufficient rest. Thomas stated that he returned the horse to 
the defendant, and alleged the latter received him back. This 
German denied, admitting, however, that he put the horse in 
his stable, but only from humane motives. After the horse 
was at his stable for a few days he handed him over to an inn¬ 
keeper as a stray animal, and where the latter had kept him for 
six or eight weeks, and the bill for boarding him amounted to 
$55. He was sold at public auction as a stray horse, and 
bought by the defendant. When the plaintiff, Thomas, who is 
said to be a local preacher or exhorter, was called to the wit¬ 
ness stand, and after being sworn, his counsel asked him, 
“ Where do you live ? ” Instead of simply answering the ques¬ 
tion Thomas began a statement to the effect that in all places 
where he had lived, and in all the transactions he had carried 
on in all the places where he had been he had always begun 
any business by first asking guidance from the Lord Jesus. He 
then fell on his knees in the witness stand, and for a few min¬ 
utes poured forth a fervent prayer asking the Almighty to 
assist him in speaking nothing but the truth, and to guide all 
concerned in the trial to arrive at a just determination. His 
prayer as taken down by the stenographer was as follows : “ O 
Lord, Thou who rulest over all, and art willing that all shall 
have justice, we appeal to Thee, in this our trouble, to lend ear 
and give Thy presence. Guide us and all of us to tell the 
truth to this honorable court and to this jury ; that I bought 
that dark bay horse from German for $80; that German said he 
was solid and sound ; that I paid $50 on him ; that the horse 
was not solid and sound as represented, and that by right and 
justice this court and jury should compel German to give me 
