The Sun. — London, England, 1824-01-29 00:00:00

~. ~ ` t'. ; ft • 2 .* ...ow.- . 4 1- c , - /1 --- / Pi Tf l`o l //2 1 /t NUMBER 9808. INDIAN HORSE CASE. SUPREME COURT, CALCUTTA, JULY 17, 1823. LONGUEVILLE CLARKE v. HENRY LECHMERE WORRALL. Mr. PEMBERT ON opened the proceedings in this case. He ;recapitulated the counts, and stated that -the Defendant had pleaded the general issue. Mr. TUILTON addressed the Court. 'Whatever, he said, one of the parties may be, the other was well known as an Advo cate in that Court, and who, more knowing in his profession than in horse-flesh, had been taken in by one more knowing than himself. The Defendant in this case, Mr. Wortal, was in the Body Guard, and had good opportunities of bargaining in horses, of which he took good care to avail himself. The real Defendant, however, was Mr. Hodgson, styling himself a Veterinary Surgeon. On the 27th January an advertisement of a horse appeared in Taylor's Catalogue, which appeared to be just the kind of horse Mr. Clarke wanted. He accordingly bought The • horse, and sent it to Mr. Cook, the livery stable keeper, for his examination. He gave it a character as. being lame, and it would be well if the Defendant could prove that he was ever known to be sound for three days together. Mr. Clarke having discovered the. - unsoundness of. the horse, re turned him within-48 hours to Messrs. Taylor's and. CO., but he first of all sent him to another-Veterinary Surgeon, who said the horse was lime, and never likely to be sound. When the horse was thus returned to Messrs. Taylor's, they sent 31r..Clarke'e note to Mr. 'Worrell. A correspondence passed, and Mr. Worrall'refusect to take him back, on the ground that the warranty was to be settled between Mr. Clarke and Messrs. Taylor's, because Mr. .Hodgson had written a note to Mr. Worrell, which he had sent to Messrs. Taylor's, and which they sent to Mr. Clarke,. couched in the following terms :-- - " My Dear Worrall—lt is my opinion that the grey horse is sound.—Yours truly, • J. HODGSON." A notice was sent to Mr. Worrall, and another to Mr. Clarke, that the horse was sent to Mr. Cook's stable at the ex pence of the two parties to which Mr. Worrall replied that he had made over all right in the horse to Mr. Hddgson. Upon this Mr. Hodgson went to Messrs. Taylor, informing them, that as the horse had been bought and not paid for, he must be resold, and that he would bring an action against the first purchaser for the difference in price, or else against them for the whole amount. Messrs. Taylor, however, paid the money to Mr. Worrall and thus settled the matter. _ _ _ No one could possibly have pursued a more liberal line of conduct than Mr. Clarke did upon this occasion. In coming upon Messrs. Taylor and Co., Mr. Worrell principally relied upon the fact of their having trusted the horse to Mr. Clarke before the money was paid for him. Mr. Clarke determined that they should not lose, and paid the amount over to them. The Learned Counsel stated that he was really sorry to trouble his Lordship so long, but in the course of the evidenee many circumstances would come out of much importance. As to the warranty of the horse, he could prove him to be un sound, and he believed that he could prove, too, that the ,de, fendant knew him to be so. He should not enquire how he was unsound, for it was generally.understood that any want of action or utility, or any temporary illness, was an unsoundness. There was only one instance in which it was held that, the fleshes were not an unsoundness. In this case he would prove that the horse was unsound in the fore feet, and that in conse quence of it, he could not go as other horses did. He would prove Mr. Hodgson's knowledge of the horse fora long time, and that if he were not shod in a peculiar manner, he could not go. He would shew that, Mr. Hodgson knew this, and that he did every which his skill could devise for him—that he bled him in the feet, and shod him in his own way but that nothing succeeded.—He would prove also that Mr. Hodgson was very near.having an action brought against him once be fore, when he gave a certificate of the soundness of this very horse. He could trace him through several hands, and shew that he had been sold twice under the same warrantry, and had been returned. He had been bought by Mr. Gordon, and by Colonel Broughton, the latter of whom sold him agaiu with out warrantry at a considerable loss. In April 1822, he was pompously advertised as the Grey Arab Horse Centipede. The ADVOCATE-GENERAL.—He could afford then to be lame of a foot or two. Mr. Ttrwrox suggested that he may have been called Can tipede on the principle of " Iwo: a non lucendo," because he had not a foot to stand upon, or at any rate only two. Colonel Broughton bought him and sent him to Mr. Vaquelin, who said he was unsound, as he no doubt would be proved to be, to all the knowing ones, both in horse flesh and in law.—No doubt, when Mr. Hodgson should be called, he would say his horse was good ; he saw another gentleman there who of course would say that he did not sell a bad horse, and there was an other gentleman in Court who would say that if the horse were unsound he had not found it out, although he was in his pos session. But Mr. Hodgson had declared his' to be the only legal opinion in horse-flesh, and he (the Learned Counsel) could never be so foolish, he t rus ted, as to put the skill of old. John Vaquelin, a man who understood horses before Mr. Hodgson was born, into competition with the experience of that gentleman. Colonel Broughton thought so too and when he did not find him to be such a horse as he expected, lie said that if Mr. Hodgson would warrant him, he would keep him. Mr. Hodgson did so, and Major Broughton took him back, supposing that the lameness was only a temporary affair. Mr. Hodgson wrote to him at this time to say that in shoeing the horse, care must be taken to cut away the crest, and to save the sole of the foot to prevent pressure, and thus if this were ne cessary the horse must be sent from Barrackpore to 'Ballygunj every time that he needed shoeing. The Learned Counsel proceeded to slim that the character of the horse depended entirely upon Mr. Hodgson's good opinion, and ' ex pressed his surprize that that opinion s h ou ld be disputed. What, said he, shall his opinion he disputed ! shall Mr. Hodgson's opinion be disputed ? shall the only legal opinion in Calcutta be disputed ? And by whom ? By Mr. Cook, Mr. Va. quelin or Mr. Burtlis—all young men, just came out. No ! thus to dispute the only legal authority would be as bad as to dispute that of the Advocate-General. The ipte dixit of such an authority as Mr., Hodgson's ought to satisfy Colonel Broughton, Mr. Cook; or any one else who chooses to buy the grey horse Centipede. The Learned Counsel proceeded to state that he would prove that the horse wanted peculiar treatment when he needed to be shod. That Col. Broughton took him to Lamb's sale, where Mr. Hodgson bought him, and as no subsequent sale had been proved, he had a right to presume that Mr. Hodgson was the real owner of him. His name it was true was too much mixed up with him for him to appear in that 'character—people would not buy a horse as soon from a veterinary surgeon as from an officer of the regiment ; all this may account for his not appearing so, but perhaps there was a stronger reason than all these together—perhaps Mr. Worrall thought that Mr. Clarke was obliged to take the word of the only legal autho rity, against those of Mr. Cook, Mr. Vaquelin, Mr. Burdis, Col. Broughton, Mr. Gordon, and Mr. Hunter. That the horse had been made up by Mr. Hodgson he would not deriy,hut he did deny that a horse could be sound which had an organic de fect at' such a nature as certainly to recur frequently, and if the Learned Counsel could prove what he had stated, he would leave Mr. Hodgson to take his only legal opinion And the grey horse Centipede, where they would carry more weight than they did in that Court. PETER HEIVETT was then called and examined by Mr. PEMBERTON.--:He deposed that he knew Mr. Worrall's hand writing, and had frequently received note , : from him in the same hand as the copy of advertisetnent now produced. The copy described the horse in question as a capital grey horse,--a good mover, warranted sound and quiet, and driven with a lady in, the hug y. In consequence of the advertisement the horse was sold to Mr. Longueville Clarke and delivered to him under the regular conditions of the sale.---the horse was returned within the prescribed time. by Mr. Clarke with a certificate of unsound ness—the certificate was signed by,Mr. Burths, who pronounced him lame in the fore feet—this was communicated to Mr. Wor rall who refused to have any thing to do with the horse, which was subsequently sent to him, and he refused to receive it. He afterwards wrote to Messrs. Taylor, and said that he expected the money from them. This was communicated to Mr. Clarke, who,also refused to take him, and he was afterwards sent to Mr. Cook's stables at the expense of the seller and,purchaser. Witness proved all the documents and correspondence which passed between the house of Taylor and Co. and the other parties in consequence of this transaction. After this Mr. Wor rall wrote •to say that he had made over all right and title in the horse to Mr. Hodgson, and they received a communication to that effect front him, desiring also . the re-sale of the horse and threatening to bring an action against the purchaser for the difference or against them for the whole. An, action, was com menced against Messrs. Taylor and Co., who to settle the Matter, paid the proceeds of the sale with interest, costs, &c., and Mr. Clarke paid them the price of the horse. Witness knew the horse before, had never tslY ae-j CANDLES. „ „ L TA I; 1,0 -.1 C..147)E5, AI I ?VERA!: T4R.. ved resi CONTRACTS FOR 7%4R, PITCH, TALLOW, AND Aravy-Qffice- Jan. 26, 1894. THI. P RINCIP.4L OFFICERS and Co I'- .211 issibxEns o f HIS MAJESTY'S NAVY do •hereby give Notice, That. , on Thursdery, the s'h of February ' , ell, at One o'Clock, theft will be ready to treat with snch erson. , as may be willing to Contract for supplying His -Vaiesiy's several Dock Yards with all or any of the follow i",4' Articles, vie. :-- STOCKHO LAI TAR. STOCKHOLII,ARCHANGEL, or BRITISH-MADE • PITCH: RUSSIA TALLOW. .Distributions of the Articles .and Forms of the Tenders, "","'Y seen at this O ffi ce. Ns Tender will he received ter One 0!Clock; on the Day of TreatV, nor ony noticed, 'nuless the Part,,, or 1111 _a rent for him, attends. Ever ' , nude must be accompanied bar o , Letter ad dressed to the Navy Board, and signed by two responsible 'Persons, engaging In become bound with the Person ten dering, in the Sums hereunder mentioned, for the due per formance.vf the respective Contracts Far the Contract for Stockholm Tar . Pitch - . Tallow - Cand.'es - Mineral Pitch Xe.ooo 600 . 500 400 100 RD, Jan. 26, 1824. Eat on Thursday, he exposed fo PUB Yard, Deptford, Jnserviceable Stores, hkPrFORD ' .PICTUALLING-YA. NOTICE is hereby given, Th the 19th of February nest, will L IC S.ILE,ot His Majeety's Victua sundry Lots of the following Surplus of L ~„r ea"o" lying in the said Yard, viz.:— .ud Vinegar tr ad e Dnst Butter lo ur Cheese I'l eurSseepings Sagar P . ease' ' Sour Kront Pease Screenings Portable Soup Oatmeal - Tea Raisin s Cocoa Rit e Wine C alavances An nisced B akehouse Sweep- Bags and Rags ings Cocoa Bags Preserved Meats Waxed Bags Batuty Preserved Staves. Meat Canisters Leager Beef Butt Po r k Puncheon S qe~Hogshead Meat Scraps . Barrel Mint Half-Hogshead Bal m Kilderkin • 4 Deposit of 451. per cent. in Cash or Bank of Eng,- land Notes, is to be made upon the amount each Lot at the time of Sale, and the remainder of the purchase money to be p a id kfore the Stores are removed, for which purpo se a period of fourteen working days will be allowed from the day of Sale: the Buyers particularly observing that not less than one "If of the quantity is to be t a k en a way within the first seven days, and the remainder in the seven following days, otherwzse the Deposit Honey will be forfeited, and the Provisions Rr Stores remain the property of the Crown, as no extension of lim e will , on any account, is granted. The Stores may be viewed during the working hours of the Yard, on the three days immediately preceding the day of Sale. Catalogues may be had on application at the said Yard. • JOHN BILL, comptroller. Staves. Small - Cask Irish Tierce and Barrel • Cheese Cask. and Tobacca Cask. Heading Tight and Dry New Boards Ends Doublet do. Wine -Pipes Wine Hogshaads Irish Tierces Irish Barrels Raisin Casks Cocoa _Casks Old worse Coopers' Blocks and Tools, &c. &C. &c•. EAST INDIA HOUSE, January 2it, 1814.. COURT of DIRECTORS of the AA,. UNITED COMPANY of MERCHANTS of ENG LAND TRADING to the EAST INDIES, do hereby give Notice, That the TRANSFER ROOKS of the said COMPANY'S STOCK will be SHUT on THURSDAY the 4th of March next, at Three o'Clock, and OPENED again oti nnts- DAY, the 15th April following. That a QUARTERLY GENERAL counT of the said Company will he held at th e ir House in Leadenhall-street, o n WEDNESDAY, the 24th March next, at Eleven &Cluck in the Forenoon. T hat a GENERAL COURT of the said Company will be held at their House in Leadenhaßstreet, on WEDNESDAY. t , Pt 14th April next, from Nine o'Clock in the Morning until in the Evening, for the ELECTION of SIX DIREC- A) IIS of the-said Company for Four Years. And, That the LIST of the MEMBERS of the said COM rINY will be ready to be delivered at this House on Mon "y, the 49th March next. JOSEPH DART, Secretary. LAW LIFE ASSURANCE SOCIET Y, I 'ot the A ssurance of the Li ves Of All Persons, whether in the At tnY, the Navy, the Church, the Law; of in any other Ton of Life. ()TICE is hereby given, That, in pursuance ING cot' the Rules of the Society, a GENERAL MEET po,atto.,ithe PR OPRIE TORS w ill b e h e ld f or G enera l Fur -110N6,,t,ke Society's Office, in Lincoln's Inn Fields, on at N A - the 2d day of February next, at Twelve o'Clock Direction Precisely, and a Vacancy having occurred in the ti on , by the Death of James Alexander, Esq. the Elec 13au ° L a New Di rector w ill ta k e pl ace on th a t d ay .—Th e at 1,?,"t rewie ll commence at Twelve o'Clock at Noon, and close in th e Afternoon. By Order of the Directors, JAMES ANDERTON, Secretary, A G ENERAL MEETING of WEST INDIA 11-IF.RS inte. PLANT rested ERS, M in ER the BRITISH wEsTCHANTS, ANNUIT INDIA CO. and :( q• P NIES, will be held at the CITY of LONDON TAVERN, Bish onsgate-street, on TUESDAY, the 10th of February "ts at Om; o'Clock precisely, on IMPORTANT BUSINESS. WM. HOLDEN, Secretary. PRIVATE EDUCATION. A BE NEFICED CLERGYMAN, MAR t;, --ii.. RIED, and. of l o n g experience in Tuition, both as tor to a Nobl e m an , an d su b sequently receiving. a few Po- Pi u ll g . into bis own House, is desirous of tilling a VACANCY, *ith a Gentl eman ' s S on , w h ose Health or Education may tequire more than usual attention. . Letters left for the Reverend B. C., Mr. Triphook's, Book lell el. ' 2 3, Old Bond -street, will be duly forwarded t o him. --------......_ This Day was published, IICIIn P o st O c t avo, pr i ce 7s. 611. boards, E SWEEPINGS OF MY STUDY.- BY the Compiler of " The Hundred Wonders of the World." .ti ; i r he sceptre, learning, physic, most , Printcd follow this, and come to dust." '• -- . , IIAKSPEAIte. 11.. Whittalf r, L o,°r Oliver and Boyd, Edi n b urg h ;. and G. and W. .7.........„„_.n don. 3 10 NE i f A iv , k 140,000 !! ! Jand 3 PER CENTS.-1N SEVEN PRIZES ! ! s---p",,‘,"„•SIEVWRIGHT, Contrattors.—The o ll i tt s v il i i . niC e PRIZES of £20,000 !in the present Lottery, pl 4 c onsiderably encreased in value by the ye?" , asto- Latt f , n ,P -"se in the Funds, which has taken place since the tho ft Y was Contracted for, will give a decided advantage to tbifin,,ho adventure ; but the TWO FIRST of the SEVEN to t rr, Prizes ! ! are Sterling 31oney, and are to be attached . 2sZ e ;, e LWO FIRST Prizes Drawn on the First Day, 19th pt b e Month, (FEBRUARY) when near 8,000 Tickets !vity and Purchasers before that Day will have the i privia- e:Lof receving back at th e rate of £lO per Ticket, after hay "sd ther Numbers Drawn, thereby reducing the Cost of illst Adv enture for all the Capitals to a m ere t r ifl e .—Ti c kets and es are Selling by J. and J. SIEVWRIGHT, Contractors, 11, Holborn, and 38, Haymarket,—who Sold, in ' t terY, above Half the whole value,—in another, All the Pli- z " of X20,000,--and in the last lottery, No. 8 "of £lO,OOO, and many other Capitals. 8 ,420, a u N. THURSDAY, JANUARY 29, 1824. sold him, but had made twenty attempts to do so—on these occasions he was sent by the same person, and he ima gines with the same warranty, he has looked at the horse, but does not understand the affair ; his object was to sell the horse and to.get his commission. Cross-examined by the ADVOCATE-GENERAL.—Waness had a bad opinion of the horse, and he had good reasons for it; the horse was sold on the warranty of the owner; if a dozen of jalap were .seat for sale he would not sell it for-ma deira, but would put up a horse for sale as sound which he knew to be unsound on the owner's warranty ; he would sell any thing in this way oa the owner' warranty. Mr. Tuner ON called John Cook, who knew the grey horse in question. He was sent to him by Mr. Clarke On the day he bought him, and he sent -him to Mr. Burtlis, and left orders with his assistant to send Mr. B.'s answer to Mr. Clarke.— Witness tried him when he came, and every time he pulled him up, he went quite crippled like a foundered or groggy .horse. He has known horses since 1815, when he went the journies along with Matthew Milton,- of Park-lane ; should consider this to be an unsound horse, and would not buy him for any one employing him to buy a horse ; he has known this horse for 24 years ; knew him when Colonel Broughton had him e -he-was-then seririoelffetrand was unsound ; Mr. • • quelin was attending him then ; had known him before that time when-Mr. Gordon had him ; at that -time: he was so stiff that lie at once knew he was lame ; the first day he saw him he thought him sound, but in the evening when Mr. Gordon rode him he fell lame ; there was no appearance' of unsoundness ; the fault was in the internal part of the foot. - Mr. Gordon sent for Mr. Hodgson, who got him about once or twice, but he fell lame again, and witness never knew him otherwise for more than a week or ten days •at. a• time. Mr. Hollgion took off his shoes and pared Ana feet; he altered his shoes every three or four days and blistered him ; when he belonged to Mr. Robinson witness had charge of him, and he then bled him in the fore foot ; the horse is sound except inahe pulling up, and then he cannot get his feet ; he would go very well upon the straw, but not upon the stones. Cross-examined by the ADVOCATE-GENERAL.—The horse could go either upon straw or velvet; he saw him a few mi nutes ago. -He used to give certificates until Mr. Hodgson came, for each of which he got 8 rupees ; he does it now much more easily; gentlemen take his word now because they know he his his living to get; they pay eight rupees still ; if for but a single word; sound or unsound it is all the same ; he takes care to get paid first ; does not know who was the firstor who was the last that paid him eight.rupees, but thinks the last was Mr. Gardi ner. (On being asked if many people had paid him eight rupees, he replied, Lord bless you ;. if I were to make a list it would be as long as the table; for their own purposes auctioneers would as soon take his word as that of a veterinary surgebn. Mr. Hewitt has given many a good eight rupees ; aye, many a good one; swears the horse was Mr. Gordon's. In reply to a question from the Bench, It was at stooping or turning that he could not find his feet. Re-examined by Mr. TitoitTON.—A good horse would not d a ? ' 0 ; the horse'i tail has been altered since Mr. Gordon had mrn ; he is no now docked to about eight inches ; when witness heard that he was to be sold he said he would not give a rupee for him nor would lie give him stable room. Mr. l' EmßEwroi e called William Bartlis, who deposed that he is a veterinary surgeon, and received his diploma from the veterinary college ; the horse in catestion was sent him by Mr. Cook, and he gave him a certificate of unsoundness; the horse appeared to be /aini in the fore-feet, but he could not say what was the cause. of it; there was no apparent defect but the horse went unsound and was quite tender. • Cross-examined .by the ADVOCATE-GENERAL.--Witness was born at Madras and went to England at 11 or 12 years old he went to school there and returned to Madras in 1817 or 1818 ; lie then went back to England, and in all studied the veterinary art for about 2 yea'rs ; he is only a surgeon in connection with art, and understands' anatomy only as far as relates to the horse ; an organic disease is a disease of an organic part ; the ear and the tail are not organic parts; the gripes are not an e s to what are the organs of a horse. complaint ; there are are many organic complaints ; do f for some s s Es o s; m q t e . hb t e ocragnannoitc speak John Vaquelin examined by Mr. TunTox.—Witness has been stable-keeper for 10 years, and was coachman and groom ; he knew the horse in question to the Governor-General for 16 w h e n Major Broughton had him ; he then stood at witnesses oeut ir: he e he weagaves witsthen Colonelise o n u a n sound triple, Broughtonw h e n a h n e d belonged hae certificatetriedto to cAul cure ef . him but could not, he supposed the complaint was in the feet, he rowelled his chest ; was a Sunday h horse, by aSunday horse he meant a horse that if he worked for one day, must lay u nst n ao s hb o li t esn in s u p for a fortnift ; lie was sold about six months ago at Lamb's sale ; sinc o alone Brou bought him, he could not be warranted co hen he wa at Lamb's the hair of the tail was square; he had a long clock Cross-examined by the A . - I )VOCATE-GENERAL.—He did not know him when Mr. Gordon had him ; Cook and he are not always of the same opinion ; he tells his opinion and leaves people to do as they like—knows nothing of anatomy • he was not brought up to it e k nows only whet is to be do ne with the outside of a horse and nothing about the inside. John Baird is an assistant to the last witness ; has been with him - for nin e y e ars saw the horse in question in his stables ; was not sound when Major Broughton had him; d oes not know he was lame ; lie was quite crippled when taken eut of the stable ; h e went from the stable to Lamb's ; he went with a square long dock—his tail was now quite short. Cross-examined by the ADVOCATE-GENERAL.--The alter- I ation in his tail was an improvement. lie went lame when Mr. Vaquelin examined him. Cutting so much off a horse's tail makes a great difference. • James L a mb sold the horse in October last, at which time he belonged to Colonel Broughton. —Mr. Hodgson brought him for 383 or 385 Rupees—he was then warranted quiet—Mr. H. was present during the sale—he came behind the box and gave his name to witness—Mr. Hodgson, Ballygunj—the horse was entered as sold to him. THOMAS HUNTER is a Stable keeper—was once an assist ant at Outtram and Frisby's-- . --he knew the horse after Mr. Gordon had purchased him from Messrs. Gould and Campbell; he was then purchased with a.warrenty ; when he left Messrs. Outtram and Frisby, the horse was there ; this was about 2i years ago ; he was then unsound, but does not know whence it proceeded ; Mr- • Gordon rode him round the Gentleman's drive, and as soon as he went round, he turned lame. Mr. Gordon began to blow up, and he blew up Outtram and Fris by, and he blew up Cook. At this time Mr. Hodgson attended him, and did every thing ha could for him. He then said the horse was unsound, and could never be sound. Cross-examined by the ADVOCATE76EiiiRAL._ That was 11r.. Gordon's Hofse. Re -examined by 31r, TURNE a.—The horse in question was Mr. Gordon's, he has picked him out from amongst a good many. Mr. Thompson has known the horse sold to Mr. Clarke for two or three years, during which time he has seen him in Fris by's Stable, blistered. After Colonel Broughton bought him, he saw him standing at Vaquelin's with a blister on, and a rowel in his chest. Witness recommended him to Col. Brough ton as a strong horse, and thought as he was sold with a war ranty, there could be no risk in his taking. him ; he is a small footed horse and is very cramped in his action ; seeing him with a blister he should think him unsound ; -when he saw him at Vauquelin's blister e d h e remarked. "What ! that horse lame again" ! to which Vau.quelin replied ; " Yes ! and he - always will be so" ! This was in Mr. Hodgson's hearing. Cross-examined by the ADVOCATE GENERAL—He has seen the horse for the four last years ; he had seen him laid up at Outtram's Stables before he saw Colonel Broughton at the outcry ; he formed his opinion of the horse chiefly from the treatment he saw him experience ; considered that if the horse were sound he would not be dear at the price he recommended; he did not know enough of the horse topronounce him unsound; he knew him from the time he came to the country and the ship he came upon ; the horie he saw at Frisby's belonging to Mr. Gordon. Re-examined—That is the same horse that .31r. Clarke brought ; his tail is a short bob ; that is a Smart tail, but does not make an unsound horse sound. COI. BROUGHTON bought the horse in question at the out cry last year upon a warrantry, but he did not turn out sound; he returned him to the auctioneer the same day that he pur chased him, after having sent him to Vaquelin, who declared him to be unsound ; the auctioneer refused to take him, and returned him with a note f r om Mr. .Robinson to that effect ; Mr. Robinson refused to take him on the certificate of Vaque lin, because he was only a livery stable keeper, but if Mr. Hodgson declared him unsound, he would take him back; Mr. Hodgson said he was sound, and said he known him for some time ; he was an unpleasant horse on bucks roads ; went well on the grass ; he did not turn well. At Vaquelin's Stables he was quite lame ; he drove him one day to the Cathedral, and with much trouble drove him to Vaquelin's stables ; he was knock ed up at the Governnient House, and the Vaquelin pronounced him to be incurable in consequence. of which he sold him for 380 rupees ; he gave 600 for him. Cross-examined.—He cannot judge whether the horse was permanently lame or nOt, but should think he was ; he was in witness's possession for six weeks before he wentf to.Vaque, lin's and during that time he used.him he heard, that this was Mr:Gordon's horSe; . and Mr. Gordon gave hiM a Very bad character. _ _ • ' This ended the case for the plaintiff. The ADVOCATE.GENERAL then addressed the Court for the defendant. He began by oipiessing his regret that his Learned Friend had the misfortune to buy an unsound horse, but when he returned the money, he had not forgotten one part of his professional character and'had refused to pay costs. He „ very much regretted too, that this estate was likely to revert to his Learned .Nend docked of the tail. The Court had this day heard from Cook as bad a character of this horse as it was possible for a horse to have, but ant he had contracted this cha. racter in Mr. Gordon's Service, if he could prove that this horse was never in that gentleman's possession, and ',Oat the horse which had been at auction and in Frisby's stable was then alive and well up the country, the Court would dis Charge from its ~ t- t 9te,s so much of the evidence as related to bins while he was said to have been in Mr. Gordon?' ,possession. Cook said that he knew the horse well and gave him a bad character.. With respect to what the horse was, he would call Mr. Robinson the first proprietor of hitt}, who bobght him from the ship, and ho nest John had given in evidence that while he was in that gen tleman's possession he was sound. His Learned Friend had expeCted from him a learned dis ctission on horse flesh, but he knew as little about it as his - Learned Friend. He - had no doubt however, from the rate at which he gallops through the streets when he takes his even ing ride that his Learned Friend must have a sound horse, for if he had not he feared that both horse and rider would come down together. " But Mr. Turton had made one curious remark, that a horse must be unsound because he does not go like another horse, therefore he was not a good horse. As well might he say that he was not a good counsel who did not conduct a case in the same manner that other counsel would do. Colonel Broughton's evidence was highly respectable, but he was not a good judge of horses although he could tell whether a horse went lame or no. As to a cramped action that could not be called an organic defect, any more than cramped writing could be called an organic defeCt of •the hand, and a cramp footed man, although lie would require time to do it, would get over as much ground with his short steps as another would with hie long ones. With regard to Cook, he gave his testi mony as a groom, and not as a veterinary surgeon. The ADVOCATE-GENERAL continued by remarking that was bad sounda right to when his Learned Friend had joked, and that ver y pl eas antly too, so, hi and therefore too,o e h al; r s h Robison horse upon the eviden ce w hi c h h e n a tur a lly ant i c i pate d. N ow h e could not concei ve t h at an y E ng li s h gent l eman cou ld on was a highly r es p ec t a bl e man , engage d in a profession which was now almost as hi g h as an y co nnected with Ifmedicine,hethoaungdh thought e w w as ou su ld, sure h th e a s t h l o ie ul w d o n u e l v d e s r ta b t e e e n x o p t o h s in ed g un true.toabehe wasotn m Hbelieved. ato tgin assert i cross-examination. But the very strongest proof of the sound ness.of the horse, was the fact of Mr. Hodgson's having pur chased him. If he were the foundered bad horse which had been described, would he have bought him ? So far from the evidence of the stable-keeper being to be depended upon, Mr. g bou ht him when he first same Mr. HOclgson would Hodgson's having bought him is a stron g pro of that he. was good, and Mr. Robison, who to the country would prove the sa me. state that he borrowed the horse on one occasion from Mr. Ro bison, and that in hunting him he became lamp. This, however, was cured, but owing to some application or.other, he had been lame, or as they described it--foundered or dead lame. ' . --- one p e rson s callin g hi m self a ,veterinary surgeon, had,heen called, but he did not show as Much knowledge of organics as his Learned Friend. Mr. Pemberton, and when he found this out he let them drop like a hot potato. But Mr. Temberten knew that if he did not carry on the system of organs, the organs would not play to his tune. On the part of the defendant, however, he would produce Mr. Hodgson who had been regu. lady educated for the profession, and did not come into Court to give his evidence otherwise than consistently and intel ligibly. But he would not rest upon Mr. Hodgson, but call another gentleman who had seen the horse that very day, and who believed him sound. The Learned Counsel in addition would bring people, under Mr. Hodgson it was true, (and his Learned Friend might take advantage of it if he pleased) who had trotted the horse, and would say he was sound. So that if he could prove the horse was sound to-day, he was .sound at the time of sale. But this was one of the bad effects of a bad character, for which he was afraid, if horses had not been shot, men had been hanged. The unsoundness of the horse, the Learned Counsel contended in con clusion had not been proved, and as he could distinctly prove his soundness lie should be entitled to the verdict of the Court. - iiir. Hodgson was then called, but Mr. Turton objected to his examination because he was a party concerned in the case. He was examined as to that matter by Mr. Turton, and his examination clearly proved that he had a joint interest in the horse with Mr. Worrall, or in other words, that they were part_ ners in him. Mr. Robison was then put into the box, but before he was examined he appealed to the Court to determine whether lie was an interested party. His name had been so fre quently mentioned, that he felt uneasy about the subject, and the more so, because when he called at Taylor's a few days ago, he was told there that they were the plaintiffs, and that it was originally intended to hare brought this action again him, but that they had changed the mode of their proceedings. Being sworn, he was examined by the ADVOCATE-GENE AAL.—He thinks he has heard something about two or three horses to-day ;he knows the grey horse purchased by Colonel Broughton, which he bought from Messrs. Fergusson and Co. along with a batch, on their way from the ship to Calcutta, in the autumn of 1820 ; he could not have been in this country for four years, the horse was in his possession until the Ist April 1822, when hc was sold to Colonel Broughton ; part of that time lie was at Cook's stable ; Mr. Hodgson took him out in 1820 or 1821 with the hounds ' • at that time he was quite sound ; witness paid 950 rupees for him, he never was the property of any one except witness in this country until Colonel Brough ton bought him—he had sot then been ridden for some time— when Mr. Hodgson rode him, he wrote a note saying that he had thrown a shoe, and broken his foot, in consequence of which he was sent to Cook's in the name of witness—his bro ther rode him afterwards for six months; he is a man of 15 stone, six feet three inches high. He sold him shortly after this ; the accident was merely temporary ; it seemed to have proceeded from a knock against a broken down hedge—he ne ver heard of his being unsound., Cross-examined by Mr. TuaTolr.—He bought him from Schraut's stables along with four others; this was in the autumn of 1820; he was sold with a batch bred by Mr. Ruther ford ; he never belonged to Mr. Rutherford and was never bred by him ; Witness authorised the sale of this horse for 640 rupees : did not ride him often ; his brother rode him on the pucka road ; the hoof did not get well as soon as Mr. Hodgson and witness expected ; 640 rupees was a low price for a horse capable of carrying 16 stone : he heard that the horse was lame as soon as Col.Broughton has purchased him ; he required Mr. Hodgson's opinion, but does not recollect the rejection of Vanquelin's. Re-examined by the ADVOCATE-GENERAL—The reason of witness sending for Mr. Hodgson's opinion was, that he was the only veterinary surgeon - here, and the only person who knew of the horse having been lame. By Mr. Turimoil—He had no doubt he wrote.a letter which - was shewn him ; he said he was a flat-footed horse and care must be taken in shoeing him ; he sent him to Vanu'elin's to be broken in for the buggy, but as he wanted more whip than witness liked, he never drove him but twice; he believed the horse bad been trained in Arabia by a native where he had con tracted an ambling gait, unpleasant to Europeans, but which natives prefer. By the ADVOCATE-GENERAL.--He sold the horse cheap, because he had no use for him, and to save trouble of taking him home. CHARLES PEHCIVAL.—Is veterinary surgeon in his Ma jesty's llth Light Dragoons, and was zeguliarly educated Co the profession under Professor Coleman ; has seen a grey horse trotted last night and this morning, and has examined him to determine whether he was sound ; examined his feet and legs, and thinks him quite sound ; he had been improperly cut and was with Out shoes.—Witness would stake his professional cha racter on the soundnesi of this horse. • Cross-examined by Mr. TUB.Toar.--Ifas frequently horse after rest go stiffly, and get cured by work—a groggy horse would do so—if a horse were brought without a shoe ;he •1 _ . . t ., - ' ~PRlct-Stv- t xpExts-0 would notdo so, because he. would want the shoe to,ppLept-bis foot ; 'a fiorsewhose fOot had been brUised could not be so/nide up as.• to impose upon him ; has seen many\ horses .go lime with work. To the Bench.-11earing Colonel Broughton's evidinie, lie should not think the horse was unsound, but that he was an ambler. _ To the ADVOCATE-GENERAL.—An ignorant ulo..may Mistake an ambling • horse for a lame One, because' the' gait is peculiar. Joini • HUGHES is a veterinarian—has a local diphima au thorising him to exercise his profession—he. has frequently ridden and driven this horse, he rode him when Colonel Broughton Broughton sent him to Mr. Hodgson for about five minntes— he then went ambling. Witness saw him at Cook's Stables subsequent 'to the last sale,'. and pronounced him soimdto all intents and purposes. Cross-examined by Mi. TuivroN".—Procured hii diploma froth Mr. Hodgson, he 'subsequently said, about a: fortnight ago ; was educated as a surgeon, in this country by Drs. Shool bread and Nieolson ; tinderstandi the anatomyof the horse and considers himself perfect in it ? hg gave up the man for the horse ; he was an assistant apothecary and then went into th veterinary line; should think that a person who had been a few months in the line could tell whether a horse was, lame • has performed the nerve operation on living and not on I:dead horse ; Physiology taught him that when a nerve was divided, sensation ceased. Has known horses go lame after: the nerve operation, and in one instance had cured a horse by it. If there is an organic affection a horse kept to rest would go worse than before when used ; pressure' upon a pumice , foot . would cause this. .Satnuel "Webb is farrier major to the Body Guard ; remem= bers the horse being sent from Colonel Broughton—he took off his shoes, and examined his feet, but saw nothing the matter with them—has ridden him and driven him, and is sure that he is sound as far as regards hiS feet. - • This was the defendant's case. . . . Mr. TURTON said that he had not many rem . on the case, or approach, 'or'.semblance to ease, 'Which* his arks to m a ke Learned Friend had made out. Whether or no the horse was lame, it was quite evident that his case was lime. His Learned Friend has said, and he thought truly too-,that no English 'gentleman would go into that box to speak an Untruth. He (Mr. 'l'.) thought so too,-but as an advocate be knew nothing of a gentleman or a commoner, and he trusted both were unlikely to do it. The Learned Counsel would make no observation on the case which was uncalled for, but he must say that he never saw such an attempt to palm an unsound horse upon a gentle man as a sound one. He would not insult Mr.. Verctval by put- , ting hini upon a par with the veterinarian who had been called, but he would appeal to any man whether a 'horse may not be bought over and over again, which went well for 4 or 5 days, and then went irrecoverably lame. Any man who had attended liorSe sales in London had seen such things every day, and knew that dealers were in the habit of doing as . Mr. Hodgson had done —cooking up horses in such a manner as to last for 48 hours, the time of the warranty, but not in such a manner as to sell from one gentleman to another, whether. the warranty extends to a longer time. The Learned Counsel did not cure whether. the horse had been Mr. Go r d on ' s or no t, but in -this respect he thou g ht th a t there must b e a m i sta k e i n w h a t M r . R o b ison had ,said.—But how had Mr. R o bi son di spose d o f hi m ? H e had put him off along with a b a t c h o f ot h er h ors ei,- not belonging to. him, and bred by another gentleman. Mr. Robison here interfered, and begged the interference of the Court to prevent the statement of thiS circumstance, which he denied. Mr. TunToN exonerated Mr. Robison from all impropriety, but the appearance of the thing was so. There appeared at the top of a notice stating that the following batch of horses, bred by Mr. Rutherford were for sale, and under this head, lot 5, was the grey Arab horse Centipede. Mr. Robison again.denied this, and expressed himself much aggrieved by the statement. Mr. TURTON on being told by Colonel Broughton across the table, that Mr. Robison's name was mentioned when the horse was sold, expressed his regret at the mistake, but observed that nothing should keep him froth asserting that the horse had been in Mr. Robisons possession for two years, and had met with an accident while in his posession, which had been rendered worse by having been ridden by a man of 15 stone, which caused .a pressure on the foot, • and consequently added to the lameness. The horse, the Learned Counsel remarked when unbroken, had cost Mr. Robison 950 rupees ; he had broke it in, he had rode it, it was sent with the hounds, and then he authorizedit to be sold for 640 rupees. The Learned Counsel said his client had'a right to the benefit of this admiSsion;and he would put it to the Court, what, if it was . prove that Cook, Vaquelin, or Hunter, had done so, would be its opinion ? a nd h e contended, that un less these people were to be considered as entirely devoid of honesty, the same attention was to 'be paid to their testimony as to that of Mr. Robiion. In all cases relative to the warranty of horses, evidence would be given both for - and against their soundness. But the evi dence of an eye-witness was worth more than the best prams sional opinion. Now Cook, who had known the horse- for a long while, said that he would not give a Rupee for him ; that he would not even give him stable room. Mr. Hodgson hav ing bought the horse, was no proof of his soundness, for it was well known that people who want to make money that way, buy horses which are partially unsound, which they•think they can cure and sell again at a profit. The Learned Counsel then proceeded to remark on some parts of the speech of the Advocate-General, and on the evi dence offered by his witnesses: He would, he said, notice only one case more, the case of the perfect veterinarian, who in the space of one short fortnight had become so. He must observe, that while this case, was pending, it would have been but de cent in Mr. Hodgson, a partner in the case, to have deferred the gift. • Here Mr. Hodgson interfered and said that he could not avoid it. • • " Mr. TURTON repeated what he had said, and.observed that his duty towards his client made it imperative upon him to bring the attention of the Court to the subject. Air. Hodgson again interfered with•some warmth. Mr. TURTON.—Do not suppose, Sir, that becauie I have allowed you once to interrupt me, and another gentleman to• `do the same, that I am disposed to do so at your pleasure. The Court and my Learned Friend will correct me if I state any thing incorrect or improper ; and I again assert, that it would have been but decent if Mr. Hodgson had defer red the gift of the diploma to his own witness for a longer ,period. Mr. Hodgson was one partner in the case, avid until he saw i t i n ev id ence t h at h e cou ld not have defered the gift, he would maintain that it was not de-. cent to make it. And for the veterinarian himself, why did he not come boldly forward at once and speak out how long he had had his diploma, but he gave a shuffling answer; and at first said that he did not recollect the date of it, and, on being pressed, he said he had _had it roore.than a.week, bat would not swear that he had had it a fortnight. If Counsel were not allowed to argue owthe eviden&e, be cause gentlemen have given it, he would like to know where the line was to be drawn between,..eritle and simple. As an Advocate he again repeated, he knew no difference between them, and if the testimony of gentlemen was expected to weigh either one way or the other, it must be canvassed like all other evidence. The Learned Counsel then remarked upon the evi dence of Mr. Percival, which, he said, was highly 'respect able, and then concluded an uncommonly able and animated speech. _ Sir A. BULI,EIR said that he was sorry that he was called upon to giie a verdict upon such opposing •testimony. Ire would not at alLenter into the conduct of the parties, nor what HUghes had said about the diploma. The grOunds upon which he should. decide; were: the general circumstances of the case, and these, he must say, were in favour of the plaintiff. It had been *dniited by the defendant, that the horse had an un pleasant yak, and that he required particular case in shoeing; and, taking these two admissions into consideration, considering also that Col. Broughton found him to be lame almost as soon as he came into his possession, and all the witnesse s adi n itt e d that he went lame. on a puckah road., his Lordship thought it his duty to give a verdict for the plaintiff - for the price of the horse and costs. The crowded state of the Court proved the ipterest this case 'has excited. Among those present we recogn4eil ,s,;:ntlemen high in the Civil Service, and almost all " the fiincy7'-of Cal-, cutta. A person, signing himself W. VampleF Holm,esi in - Giltspur.street .Compter, says, that, as..he wishes to be a ftiendio mankind in every possible way, he shall give his body to the doctors after his demise ; and he advises others to copy his example.