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

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
da? '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'EmßEwroie 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
es to what are the organs of a horse.
complaint ; there are are many organic complaints ;
dof for some
ssEso
s;mq
te.
hbte
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
when Major Broughton had him ; he then stood at witnesses
oeut ir:
he
e he
weagaves witsthen
Colonelise onuan sound
triple,
Broughtonw h e n
ahn ed 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
unstnaoshbolitesnins
up 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 knows only whet is to be done 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 nine years saw the horse in question in his stables ;
was not sound when Major Broughton had
him; does not
know he was lame ; lie was quite crippled when taken eut of
the stable ; he 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 Lamb 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 blistered he 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 from 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-t9te,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
wasbad sounda right
to when
his Learned Friend had joked, and that very pleasantly too,
so, hi
and therefore
too,o eh al; r
s h
Robison horse
upon the evidence which he naturally anticipated. Now he
could not conceive that any English gentleman could on
was a highly respectable man, engaged in
a profession which was now almost as high as any connected
with
Ifmedicine,hethoaungdh
thought
ew
wasousuld,
sure
htheasthloieulwdonuelvdesrtabteeenxoptohsinedg un-
true.toabehe wasotn
m Hbelieved.
ato
tgin
asserti
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 strong proof that he. was
good, and Mr. Robison, who
to the country would prove the same.
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 persons calling himself 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-txpExts-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 make
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. Gordon's or not, but in -this respect he thought that
there must be a mistake in what Mr. Robison had
,said.—But
how had Mr. Robison disposed of him ? He had put him off
along with a batch of other horsei,-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 ? and he 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 it in evidence that he could 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 witnesses adinitted
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.

PRIVATE CORRESPONDENCE.

PARIS, JAN. 26, 1823.

The politicians of this capital have been greatly
amused at the importance ascribed by many Enr,,-
lish Jonrnals to that part of tha Message of the
President of the United States, which relates to
vhe Governments of Spanish America, the inde-
pendence of which has been already recognized
by the United States. The following passage in
rthitquoE's Speech is the part to which 1
.allude:—" We could not view any interposition
"I•lor the purpose of oppressing them, or con-
" ttottlittg' in any other manner their destiny, by
44 any-Europran power, .in any other light than
" tt.sthe manifesta,tion of an unfriendly disposi,
44 tion towatds the United States." This can-

ticatify language is certainly ambiguous, and may
.Ibe.,cousidered as an interdict even to Spain, pro-
-taking any attempt on her part to reduce her
Colonies again to subjection. The Ministers of
France, however, are by no means alarmed at its-
tenor.: they know the nature of the. Pre4ident's
power and the influence of his Message upon. the
people. Mr. Munroe may have spoken the lan-
guage of his immediate party, and the generous
sentiments of his adherents, as far as tht.ir opi-

Tlionh can be gathered, but ere he can fulminate
the thunders of the Union he must consult the
!Dice of Congress, and be governed by its will.
The present is the first session of a . new:Con-
-gress ; its Members have never yet met as a
deliberating body; and I ask you, how it has
bfen possible to ascertain what measures they
hill support in their legislatorial capacity, scat-
te►ed as they were at the time the Message was
framed over their ,extensive Union. The na-
tional pulse must be felt, the popular sentiment
must be expressed, and the people's interest in
the question be clearly demonstrated in the
affirmative, before a Member of Congress
hazard his popularity and his re-election, by
voting in favour of a war of doubtful issue and

advantage.

The people of the Southern and Western

States, who are dependent upon agriculture,
mut be opposed to a war with the Continental
Powers of Europe, upon the solitary question
of the independence of Spanish America, the
success of which, by creating a powerful com-
petition in foreign markets, must eventual-
ly prove injurious to their welfare ; for how-
ever disposed the Americans may be to annoy
the Legitimates of Europe, and curtail their
pt;vrer, they are too wary and too wise to sacrifice
ovru interest to the support of a rernote
and speculative benefit to others. The Message
was evidently intended for effect, and calcu-
lated to mislead the judgment of the South

Americans ; and it may induce them to ascribe
our interference in their cause to the bold
~,Ample of the United States ; but it utterly
powerless and inefficient, if intended to menace
th. Continental Powers of Europe, and to divert
them from tf:e policy they would otherwise pursue.

feel confident that the English Ministers will
not imitate the language of the President's Mes-
sage, at the opening of Parliament, and produce
war, the bur then and expenca of which must
-be borne by England alone; for unless the
United States are at war with England, the only
.maritime power existing, they will not be able
to detach from commerce a suilicient force to man
.their navy for the purpose of co-operation. The
people of the Union have incurred no responsi-
bility by the Message of their President ; they
will therefore profit by the neutrality their po-
siti9n will permit. England has undoubtedly
alone the power of offering serious resistance to
the re-subjtiption of Spanish America ; but her
unqualified opposition to the attempt is one of
questionable policy. Whatever may be the latent
feelings of France upon this subject, it is gener-
all/ understood that she will not compromise her
pacific relations with Great Britain by openly'
espousing the cause of Spain : but there is a
Jesuitry in politics, known and practised by the
Cabinet of the Continent, which may baffle the

scrutiny of the severest investigation.
The Councils of Ferdinand are those of Alex-
ander; and Russia will, if possible, make Spain

subservient to her latent policy. Turkey, that
darling object of ambition to two powerful Sove-
reigns of Russia, has lost nothing of its attractive
influence in the view of their successor, and no
means will be left untried to annex that coveted
portion of Europe to his extensive Empire.—
Alexander, with this view, may aid the arms of
Spain ; and, while the attention of Great Britain
Shall be occupied with Spanish America, the
Autocrat will remove the barriers to the destruc-
tion of the Crescent's dominion in Europe. Our
hostility against Russia, while France, Austria,
and the Powers of the l3aiic are at peace with
both belligerents, will be little felt by her. The
produce of Russia will find markets as well as
ships for its conveyance, arid the indemnity of
Turkey gill arn'ply reward the sacrifice. France
liar uo adequate motive to quarrel with Russia,

and the guaranteed quiet possession of Italy will
to Austria be the purchase of her acquiescence.
You will naturally ask me, ,c Are we to be
tame spectators of a combined operation against
Spanish America ? Are we to stand aloof aban-
doning our avowed policy and our apparent i►►te-
rest, while the Continent seeks to profit by our
apathy:" Policy:is the creature of circum,
stances, and your interests are upon this question
merely speculative. if you go to war in support
of the independent -Governments of South Ame-
rica, which may dissolve before the invaders like
the Constitution of the Cortes, your success is
doubtful, but your expence certain and enormous.
You cannot plead that your characteristic love
of freedom impels you into the contest in favour
of the weak and oppressed• for your wary con-
duct, and the coldness of your sympathy towards
Spain in the late conflicts, refutes that preten-
sion ; and your own commercial advantage will
stand naked and alone as the prevailing motive
to your professed liberality.
Let Great Britain, therefore, acquire from
Spain the island of Cuba, and free trade with
Spanish America, as the price of her forbear-
ance ; let Spain try her fortunes in her former Co-
lonies ;. and whether the result be favourable to her
arms or otherwise, (I sincerely hope the latter)
with- Cuba in the possession of England, free to
the commerce of the world—an essential prelude
•to-its aCquisition—nOt all the combined power of
Spanish America can exclude British merchandise
and British manufactures.

Peace k necessary to England, with a due
attention to the preservation of her maritime
ascendancy ; and, her forbearance on the quesz-
tion of Spanish America may derange the plans
of Russia respecting Turkey. Separated b-y•
nature from the Continent, England has no-Corn-
mon sympathy in its policy, no participation in
its interests. Those who divide the empire of the
" master spirit," and now sway the destinies of
continental Europe, are too insignificant in talent
to awaken her suspicion and excite her appre-
hension. If the Spanish Americans cannot de-
fend their possessions with their present advan-
tages, they are unprepared. for freedom, un-
worthy of its enjoyments, and; our attempt to
aid them would be a species of Quixotry.