THURSDAY, 16TH JULY,

Southland Times, Volume 2, Issue 73, 17 July 1863, Page 3

THURSDAY, 16 TH JULY,

gaixoway v. clabke continued. By Mr Harvey: Mr Von Hammer said ho was a Veterinary Surgeon. In Juno last was askod to examine a certain borsc. It was the plainriff's horse. At the examination ere present wtho plaintiff, defen-

daiit, and some others ; Mr Horton tho Veterinary Surgeon also. Was called to make a post mortem , examination of the horse. Upon examination, fojnd that the horse died from inflammation of tho whole system. The stomach and the coating of the stomach were in a high state of inflammation. The liver was very much inflamed, particularly on the left side. The kidneys in a similar state. The stomach was overfilled with undigested food, upon which rested a large quantity of cold water. There was present a considerable amount , of offensive gas, which is a sign of caustiveness. As a Voterinarv Surgeon, witness was of opinion that the horse died from inflammation of the whole system. The causes of inflammation were manifold, neglected spasmodic colic ; costiveness, improper feeding, &c. Stated at the post "mortem examination that the inflammation which produced the death of the horse in question, resulted from overfeeding and too much water. Never knew a horse to swell by simple travelling. If upon a journey, and the hor?e appeared swollen, would certainly not continue to travel with him. Cross-examined by Mr South ; Horton arrived at the examination an hour alter its commencment. The food which I found on the stomach was chiefly oats, which were undigested. The oats presented an appearance of having been taken witbin about thirty hours. In fact was convinced that the oats had been in the horses stomach 48 hours before death. Before the horse went out on the morning of the 20th. it must have been suffering from cos. tiveness. Upon examination found the heart highly inflamed — the liver on the left side was discolored. Have practised as a veterinary surgeon since the year 1848. The progress of inttamation is not gradual. The symptoms of active inflammation might have come on in an instant. Plaintiff sairl to defendant in my hearing that he had neglected the horse, for that he (plaintiff) had given the ani ma l two double feeds and plenty of water before starting. The cushion of the eye of the horse did not present that appearance which is usual in death from over-riding. There was no indication of death from over-riding. There were no saddle marks as if the horse had been sweated violently. Would not recommend a horse to be over-fed, nor to have a drink of water before a journey. The state of the roads on the 20ch June was bad— so bad as to render it impossible to ride a horse fast. For a horse in ordinary condition, and with alight weight, a journey of forty miles in a day, is in the colonies considered not an over-journey. The journey to Winton Bush and back, snpposing the horse to have been well at starting, and not overridden, was but a fair one. Examined the outside skin, and saw neither spur nor whip marks. There were' no signs of ill-usage upon the horse. The value of the horse would at that time be about L3O. By Mr Harvey : From the appearance of the water in the stomach could tell the time at which it had been taken. Could not tell whether the horse in question had been watered oi'tener than j once. Found a large quantity of water in the stomach. TUo coi-n had been in the horse's stomnch forty-eight hours before the animal's death. If I found a horse swollen on a journey, certainly would not have goue on with it. By the Bench : The water in tho stomach had a yellow appearance, which led me to the opinion that it must have been there four or eight hours before death. None of the oats in the stomach could have been received on the journey of the 20th. From the post mortem appearances, tho horse could not have eaten any oats for four or eight hours before his death. The horse must, hove shewn before it started on the 20th inst. obvious symptoms of its being unwell. The horse. must have had a dull, sluggish appearance. Must have required a constant encouragemant to move forwaadBy Mr Harvey : Peter Horton had a life time experience as a veterinary surgeon. Hud been at least twenty years a veterinary surgeon. In the month of June last was called to assist at a post mortem examination on a horse belonging to Mr Galloway. Did not know any of those present. The horse had not been opened when witness attended. Looked at the horse, returned to town, and then went back. Iv the meantime the horse had been opened. Mr Von Hammer, plaintiff and defendant, and some others were present. Examined part of the inside of the horse. The lungs and heart had been taken out. The stomach was very much filled with oats, bran, and chaff. Gave those present my opinion that the hovso had been killed with kindness — overfeeding and water. Could not form an opinion how long the food had been on the stomach before death. From a proximate opinion he would say that the food had been taken on the same day the horse died. Could not fix any particular hour of the flay. In cases of overfeeding inflammation sets in very rapidly. Some horses die within three hours after the setting in of inflammation and others twenty-four. If he harl been riding that horse, and it appeared swollen, if the animnl seemed able, witness would have endeavored to get it home. Cross-examined by Mr South: If on a lon TC journey, and the horse appeared unwell, would have taken it to the nearest stable. Mr Von Hammer and I consulted together at the examination ; we agreed in our conclusion us to the cause of the horse's death ; I said that overfeeding and water had caused the horse's death ; in my opinion the horse had not been overridden, for it did not after death show any such appearance ; cannot form a positive opinion as to how long the oats had bpen in the horse's stomach before death — they were undigested ; have frequently examined the food in horses' stomachs after death ; did not notice if the horse presented a costive appeaiance — did not examine the intestines; in case? of inflammation, undigested food would remain in the stomach for four days ; I saw the heart — it had a white appearance, as if produced by chill : the liver had a healthy appearance ; am not a duly licensed veterinary surgeon ; have frequently marie post mortem examinations on horses ; there was no sign of any inflammation except on the lungs _ the horse must have been opened about an hou ' when I saw it the second time; there wns no sig of inflammation on the liver; though the lung n were inflamed they would not have had the cffee s of conveying inflammation to the liver ; Mr Vont Hammer and I agreed that the inflammation of the lungs was brought on with overfeeding and cold water ; I opened the stomach myself; from the state of the food, would consider that it had been taken the day of the death ; could say nothing about the bladder ; I took on of the kidneys out, and examined it — it was not the least inflamed ; I have spoken to Mr Galloway this morning; Galloway told me generally that in his evidence Von Hammer did not agree with me. Mr South : Upon your oath, did not Galloway tell you what to say in the witness box ? Witness : No ; lam not to be told what to say, or to be bought by any one. Cross-examination continued : Galloway said to me that- Von Hammer was not agreeing to the statement formerly made. By Mr Harvey : If the horse had boeu ill before it left, it would have shown signs of it before midday. By the Bench : I am of opinion that a skilled veterinary surgeon could from post mortem appearances only form a proximate opinion as to how long food had been in a horse's stomach ; would not agree with Mr Von Hammer if he said that the food was in the stomach of Galloway's horse for forly-eight hours before death ; concludes that the food must have been taken the same day from its freshness — if taken before, it would have been sour; from the cushion of the eyes and the whiteness of the heart, would say that the water had chilled the animal ; if the horse had be3n ridden very hard, the cushion of the eye would have been red. This was the case for the plaintiff. Mr South moved for a non-suit, on the ground that the hiring had not been proved; that the horse had been hired by one Hewvey, from one Smith, that the relationship of principal and agent bad not been established, nnd there was no privity of contract between defendant and plaintiff; also on the 2nd count of the declaration, for that the horse was stated to have beeen delivered to the defendant's servant ; now Mr Hewey was not tho servant of, and had nothing to do with the defendant. His honor was of opinion that there was sufficient evidence to go to the Jury as to the hiring and over-ruled Mr Souths motion for a nonsuit In consequence of the pressure on our space' caused by the Summary for Europe, we are compelled to hold over the remainder of the Supreme Court proceedings.