Daily Republican., 1885-11-24
Court Proceedings.
YEsTERDAY AFTERNOONS sEs
SIoN-TAE AUIT TO RECOVER
fOR A HORSE ON TRIAL.
MOTION FOR A NON-SUIT.


Edward G. Yetter WAS proceeded with
| and Thomas Williamson, who was on
| the stand when the Conrt adjourned al
| noon, was re- called, and subjected to a
| searching cross-examination by Mr..
| Lore.
| 6EThe principal point brought ont was
the fact that the next day after the
plaintiff bought the horse, she was
| thrown down at the black smith shop
| while being shod, and that short
time afterwards she fell down while
hitched to u carriage, near Garrett's
| snuff mills. 1t was also shown that be
had tried TO sell the mare for $3.50, but
had offered to take $3.50 for her.
Albert T. Williamson was sworn and
| testified that he WAS present when the
| bargain was made for his son to buy
| the mare: Mr.. Yetter said he would take
| "A Dote for the mare IL the witness would
go ON tho note. When he heard Yetter
| say that, he asked him If the mare was
sound, and he replied she was. and that
anything was the matter with her he
| would take her back and return tho
note.
Yetter also said that the only reason
| he had for selling the mare was the
fact that he did not want the trouble OF
ihtJ
tske.he he would probably give $500
| for her in year. When they took the
horse away, Mr.. French, the bar ten
der, mentioned about the mare being
lame, and remarked that they knew
what the. bargain WAS with Mr.. Yetter,
and that they could return her If she
d id not get well. The witness had his
| attention called TO the lameness next
day.
On cross examination he said that on
one occasion his son bad driven the mare
| to West Grove, n distance of nine miles
each way, and that she was quiet lame
| when he returned.
| Harry q. Williamson testified that
he Is brother Of the plaintiff and went
with him to Mr.. Ye.ter's to see the mare
before he bought her, and heard Mr..
Yetter say that he would warrant her
as being sound in every respect. He
did not see the mare again until the
next day after his brother brought her
home, when he noticed that she was
lame. He was with his brother when
he took the mare back TO Mr.. Ystter,
and he refused TO take her back.
| On CROSS examination he said they
! had the mare about eight days when
they took her back TO Mr.. Yetter, and
that during the time his brother had
her he had continued 10 drivs htr,
ialthough she was lame.
Charles Jeffsris testified thai he Is &
farmer, and is accustomed to hand ling
horses On June l4th, 1882, Mr..
| Williamson brought the horse to his
house. He was not home when the
horse was brought, but upon finding
her in his stable took her out and eK.
| a n..1 har ba fnunA ,hat sba waa Z,
little lame. The mare WAS at his plac-
for sometime, and he noticed when Mr..
Williamson took her out that the lame
mesa was increasing. In his opinion
the mare had ringbone.
| w. B. Rowland was sworn, and testi
fed that he IL veterinary surgeon
and veterinary inspector for the U United
| States Government. He then described
lringbone, and said it was one OF most
serious diseases that horses are subject
TO. Ringbone is = disease that is some
time in developing, although 1t may
exist for a length OF time before it be-
comes perceptible,
Peter Connell testified that sometime
in January, 1888, he bought the mare oi
Mr.. Williamson for $i5 and that she wa;
lringboned as bad as he ever saw in hi,
life, she was also spawned In her hind
leg. He traded her off for an old
Maryland COW, and was glad to get rid
of her
Mr.. Williamson owed him little
money for some carpenter work, and
he only had to pay him about Sl2. L
he would have had 10 pay the money
down, he would not have given more
than IS for her. He saw the maze q
few days after Mr.. Williamson bought
I fflI him fIaf n Uaaf li4 H.
ION that she WAS both ringboned and
spawned He was of the opinion thai
The mare was four or five yearsold.
William Haggerty testified that he Is
! a blacksmith, and was working al
| iHockeesin in 1882 He recoliected wheI
Mr.. Williamson brought the horse Il
him to be shod, and noticed that sh'
WAS a little lame.
ON cross-exanination he said thai
while the mare WAS in the shop sh'
reared up and fell down he did no
lnotice that she WAS lame until after sh
was shod.
Oscar Lack Ian testified that he wa
a present when Mr.. Williamson came tc
Ye.ter and complained about the mare
He heard Mr.. Williamson say that tn
] mare was still lame and did not seen
Ito get any better. Mr.. Yetter said h
i would come and see her on the follow
!, ing Thursday, and If she did not ge
u better he would take her back, but b.
d i'd not come, and Mr. Williamson tool
o | the mare to him, but he refused L
o take her back.
% Mr.. Harrington said that this wa
10 the last witness he intended TO call, ant
o Mr.. Lore opened for the defendant. Ill
said the plaintiff had alleged fraud ant
% and deceit. but had failed to produc
% any proof to sustain the allegation, ant
. that if such proof was not produced n
lshould ask for nvn-suit. The p!aln
;. ltifi's counsel alleged that the horse wa
:. llame. but have shown by their owl
It witnesses that they were aware OF tha
" fact when the purchase was made.
70 thew had brought suit on tho warrant.
u lthev wouli have had good case, bu
"a thew had ~ ade the issue fraud AN
Iaeceit, which they had failed to prove
he submitted q motion for non-suit.
Mr.. Harrington resisted the motion
and commanded that action was brough
on the warranty, and that the defendan
KNEW when he sold the horse that h
was practicing fraud and deceit. A
ihey had proved that this was the case
he did not think the Court shou''
grant the non-suit, and assume tho re
y of taking the case from ID
Ijury. A.. o,;o
Mr.. Bates also opposed the motio
:, l for a nor. suit, and said that there wa
~ no other way for them to ME tneir oee
larations than by alleging fraud.
He conteDded that as the venue
Ibad stated that the horse was SOUND
when 1t was proved thst IL was no @
lit was certainly case OF frauo an
- "a 80 In which the deClar6