Ross Gazette 5th November 1914 - Page 7

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Ross Gazette 5th November 1914 - Page 7

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Date 05/11/1914
Type Newspaper
Format
Language English
Area Ross Gazette
Collection Holder Herefordshire Libraries
Date of Publication 5th November 1914
Transcription SECOND SHEET .
GAZETTE THURSDAY , NOVEMBER 5 , 1914 .
&amp; Sowersby
re now showing ,
son's Shades :
ge are the vogue ; such Shades as deep
y ( both with a purple tinge and very dark ) ,
erise , and tangerine are being shown . is in marked evidence .
OLOURS in the Newest Materials , Bike ,
EGRE , " " GROSEILLE , " " VERT DE
the newest deseription ..
rders will be appreciated .
a .
of profit , in order to keep Workers and
Sowersby Place , Ross .
( LIMITED )
R QUALITY , FOR VALUE .
OW
Motor Show at Olympia this year .
eresting Cars for 1915 , and of these a
of the Cars which at present represent
L , with Four - Cylinder Engine , Bow Fron gneto , Detachable Wheels ( including fifth ax Electric Lighting Outfit ; and complete amps , Horn , Tools , &amp; o . £ 195
115 ( if with Self - starter ) 144 125 175
"
" 1
£ 154 € 204
-H.P. MODEL . - One of the best examples Cars built to suit the English Market . It is with Five - seated Body , Hood , Soreen , and all d includes an Electric Starter and Lighting
Price 185
ODEL . Built on the same lines as the well- Model , and sold complete , with Electric Lighting Outfit Price 198
Car of wonderful value .
and Lighting Outfit .
st details of any of the above .
€ 275
HALL , Ltd. ,
BODY BUILDERS ,
GARAGE , ROSS .
mmediate Cash Advances .
HE LONDON AND PROVINCES DISCOUNT COMPANY , Ltd. ,
eminently the leading establishment of kind in the kingdom - lends large sums of oney daily to all classes . Among the ad- ntages offered by the Company , the follow- deserve attention : No preliminary arges whatever ; the despatch with which vances are completed ; the low rates of terest charged the system of small repay- ents extending over a period . - Address all plications ( in the strictest confidence ) to e Manager , W. SHIRLEY , 48 , STOKES ROFT . BRISTOL ; or to local agent , Mr. URNEY , 101 , East Street , Hereford . "
DO NOT WAIT
until you are really ill before resort- ing to treatment . Immediate attention should always be given to minor ailments lest they lead to more serious trouble . A bilious headache , a tendency to constipa- tion , a feeling of discomfort after eating , impaired appetite : these are all symptoms that two of the most important organs in the body - the stomach and the liver - are not working satisfactorily . The right remedy to
TAKE
whenever there is the slightest suspicion that all is not well with the organs of digestion is Beecham's Pills .
Those who have
tried this remedy , and they now number a great multitude , are entirely satisfied that , for.correct- ing ailments of the stomach and the liver , there is nothing to surpass
BEECHAM'S PILLS .
Sold everywhere in boxes ,
price 1/1 ( 56 pills ) &amp; 2/9 ( 168 pills ) ,
nted and Published for the Ross GAZETTS LIMITED . by GODFREY M. MOBTON , their Offices , High - street and Church- street , Ross , in the County of Hereford THURSDAY , NOVEMBER 5 , 1914 .
elephone - 89 , Ross .
ADDRESSES .
HERBERT B. MEW , Telegrams - Barrel , Boos
BARREL BREWERY ,
ROSS .
BRILLIANT ALES NOURISHING
STOUT .
These Ales and Stouts give great satisfaction to those who enjoy a brilliant the fine quality of the materials employed , the delicious flavour and aroma of Hops being very noticeable .
Bear , with delicate palate , and full of life . This is nocotinted for bytted
per gall . 10d . Light Dinner Ale - Half - pints , per 1 / - Pinta
A.K. Light Ale F.A. Recommended for family use G.A. Sparkling Bitter Ale P.A.
1/9 "
Very High Class X.X.8 . ( Double ) Nutritious Stout X.X.X.B. ( Treble ) Nutritions Stout ( Recommended for Invalide ) . Casks of 4 , 9 , 18 , 86 , and 64 Gallons . Home - brewed GINGER BEER , GINGER
...
1/4 Nutritious Stout - Half - pinta
"
"
1/9
33 "
1/4
Oatmeal Stout ,
for Invalids
Pinta Half - pinte Pinte
"
"
The Ross Gazette .
THURSDAY , NOVEMBER 6th , 1914 .
NOTES FROM THE METROPOLIS .
BY OUR LONDON COSPONDENT We do not hold ourselves responsible for all the opinions expressed by the able writer of those nɔtea .
The resignation of Prince Louis of Batten- dos . 1/6 berg is scarcely a triumph for the Tapers 2/6 and Tadpoles who have deprived the Navy of one of its most deserving and useful 1/6 officers . Prince Louis it is true , was not 9/6 born a British subject . But the whole of 1/9 his active life has been spent in the service of his long - since adopted country , and he is 8 / - the brother - in - law of one of Queen Victoria's daughters - Princess Henry of Battenberg , whose husband fell fighting under the British flag . It would be quite as scandalous to attack other members of the Royal Family dukes , while serving with distinction in the British forces . Mr. Winston Churchill tells us that the Navy of to - day is largely of Prince Louis ' making . that the first step which secured the concentration of the fleet was taken by him . Surely that should have silenced the malice of his enemies who are not German .
STOUT , and LEMONADE , 1 / - per gellon , in 1 , 1 , and gallon jars or 6 - gallon osaks . Stone Ginger Beer , In Sorew - stoppered Bottles , 1 / - per dozen .
Bass's and Worthington's Ale and Guinness's Stout or their relations as descended from Austrian
( own Bottling ) supplied at moderate prloss .
Familiesand Private Customers supplied with High - class Wines and Spirits .
boomson 63
DENTISTRY .
For Natural looking ARTIFICIAL TEETH and PAINLESS EXTRACTIONS
2
VISIT
Pecullar Horse Warranty Case .
DOES SANDCRACK CONSTITUTE UN-
SOUNDNESS .
HOW HORSE EXPERTS DIFFERED .
he began to work the horse that he found the foot bleeding and what it was suffering
the sale ring , was knocked down at 65. gns . Except for the sandrack defects of and on mide pardon showed signs of kind . It was very quiet , a good worker ,
from . In his opinion the sandcrack ap peared to be neatly covered up . Mr. Farrant here interposed , and objected and he had never had any trouble with it . to such a remark , and said that such a This sanderack , if taken care of , could have statement implied a charge of fraud against been cured with proper treatment , and it the defendant , which was a very serions was no different to the one or two cracks thing . that he had seen before . The horse was not
It should be interesting to buyers of General Drapery .
LADIES COATE LADIES COSTUMES LADIES OUTTETTING . LADIES MOURNING . One of the best assorted stooks in the County .
Ode other fact there is no beifer valne
WAKEFIELD KNIGHT ,
HEREFORD .
His Honour said he did not think the re - sold because of this sandcrack . mark could be excluded . The condition , it Cross - examined by Mr. Francis Williams : self says that the horse must be examined The horse was newly shod before the sale before leaving the repository , other than for took place , about the day before . Another such defects as are not patent to the eye . horse trod on this foot , and tore the old The evidence was that by some means or shoe off . No instructions were given the other this sandcrack was hidden from the eye , blacksmith to cover the sandcrack up . and he was not so sure that the staten lent He saw the sandcrack quite plainly , could be objected to . The mere fact that and he would be quite satisfied to some evidence even involving a charge of warrant a horse as sound if it were suffer- fraud against a person or party was no ing from sanderack , especially if the horse ground for excluding it . was not lame . When the horse was put up Mr. Farrant said it was a very serious the time before , it was withdrawn at 61 gns . , charge to make , and submitted that such a as he did not think it was full value for it . regard to the covering up of the sandcrack . statement did imply fraud . He would ask The horse was none the less valuable He had , of course , to form a satisfactory his Honour to make a note of his objection . through the sandcrack . He was present conclusion on the points raised in this case . when the horses also had sanderack . By His Honour : Anyone lifting the foot would be bound to see the sandcrack .
ECHO OF HEREFORD SALE . A case of considerable importance and in- terest to horse breeders and dealers was heard at Ross County Court on Saturday last , before His Honour Judge Hill Kelly - a case which occupied nearly four hours . The action arose out of the purchase of a horse at the prize Horse Bale held in Hereford in April last , and during the hearing some very debatable and interesting points were raised on the question of sandcrack , and whether it rendered it unsound . The parties were Mr. Thomas Skeats , coal merchant . of Elm- grove House , Whitchurch , near Cardiff , who Mr. Francis Williams ( to witness ) : Was He did not think the question of law pre- sented any real difficulty . As for the ques- sued Mr. Arthur Wellesley Foster , gentle this sandcrack patent to your eye at the man , of Brockhampton Court , near Ross , time of the sale P - Witness : No , it was , not . tion of the sandcrack being patent to the for the sum of £ 29 Bs . , being the damages Mr. Skeats : I merely state that this sand- ye , which had been the subject to a great for a breach of warranty in respect to a horse crack was hidden by some means or other . THE AUCTIONEERS EVIDENCE . deal of evidence , he had fully considered it , which was purchased at a prize horse sale His Honour : Why do you say that . ? at Hereford , and under the hammer of Mr. Skeats : Simply because I could not Mr. Hervey Stanley McCartney , a part- and had come to the conclusion that there was a defect and that it was not patent to Messrs . Jackson and McCartney , auction- see it . I picked up the horse's feest ontside ner in the firm of Messrs . Jackson and Mc- Cartney auctioneers , Hereford and Craven the eye when plaintiff examined the horse eers , Hereford and Craven Arms , on April in the yard , on the day of the sale , therefore to that point 18th last . In reply to Mr. Francis Williams , Mr. Arms . This action was the first the firm had There was a good attendance in Court , Skeats further added that the sandcrack ever had arising out of one of their sales of he answered in favour of the plaintiff . Dealing with the question of whether this and the plaintiff was represented by Mr. St. was in the hind quarter of the fore front horses . On April 18th , they conducted a sandcrack constituted unsoundness , he said John Francis Williams , instructed by Mr. A. foot , and in my opinion it was quite an prize horse sale at Hereford Cattle Market , always heard evidence for the one side H. Bullock , solicitor , Cardiff , while Mr. Hincurable one . Supposing the sanderack had and among the entries was this bay gelding , and the other , but on the evidence before which was described in the catalogue and G. Farrant , instructed by Messrs Corner not been covered up , he could not have miss warranted sound . The object of having the him for he certainly did not rely on any and Co. , solicitors , appeared for defendant , ed seeing it . There was quite a cavity in who was allowed to leave the Court early the foot . He found some dark stuff that horses at the market by 9 o'clock in the knowledge of his own - he really thought more to the accident which happened two owing to the military duties he is now per- had come from the crack . He did not pre - morning was to give the intending buyers this sandcrack or cavity was probably due serve any because it was not sufficient to do an opportunity to examine the horse . This days before , when another horse trod on horse was put in for known of this sanderack , he would never and the judges , both men of large experience and brought this sanderack down to the have paid £ 68 5s . for the horse . Sanderack with regard to horses , awarded it second unquestionably caused the injury to the hoof was one of the worst signs of unsoundness prize . He saw the horse and found it was that he knew of . During his life he had suffering from sandcrack . There was noth- bottom of the hoof . At the same time ne plaintiff said it was a serious sandcrack and had considerable experience with horses . He ng put in the sanderack which could be seen quite plainly . The horse did not show Mr. Dan Davies , and that of Mr. Hall , and incurable . Then there was the evidence of had shown horses at various shows , and dur- ing the last six years he had won seventy- any signs of lameness on the day of the sale . judging from the evidence of Hall and the six first prizes with heavy horses , which was The first prized horse was sold for 70gms . , plaintiff he ( the Judge ) was of the opinion the same class as this particular horse . He kaster's horse realised 65 gms . Mr. that Mr. Davies ' evidence was a little at sitting on the stand . had also won seventeen cups , two shire By his Honour : He was selling on this fault , and that the sandcrack was more seri- medals , and had judged horses at shows on day . The sandcrack was quite obvious to cumstances , continued his Honour , he had ous than he supposed . Under all the cir various occasions . When he discovered . anyone , but he did not consider it as any come to the conclusion that this sanderack in the hoof was of a serious character ,
forming .
D. GORE BOODLE &amp; Co. , Ltd. , headquarters at First Sea Lord - a living for the plaintiff , said his client was a col
43 , HIGH STREET , ROSS , EVERY THURSDAY from 10.30 a.m. to 6.30 p.m.
A Lady always in attendance .
Extractions First Hour Free .
BRANCHES EVERYWHERE . Abergavenny , 6 , High - street , Tuesdays , 11 s.m. to 6 pm . Monmouth , 12 , Church - street , Fridays , 12 to 5. Hereford , 3 , St. Peter - street , Wednesdays , 11 a.m. to 6.30 . Chepstow , Tuesdays and Fridays . Gloucester , Every Day .
BOODLE'S
TEETH .
ESTABLISHED 1813 .
WILLIAM PULLING &amp; CO . ,
DISTILLERS ,
Admiral Hay's suggestion that Prince Louis ' resignation has main nation thatgineered in though the only possible country to benefit by it is the enemy's . Meanwhile , Lord Fisher is back again in his old berth at example of vitality of mind as matter inherent in so many of onr latter- day septuagenarian statesmen , sailors , and soldiers . For Lord Fisher , who may also be claimed as one of the creators of the modern Navy , is seventy - three years of age , and , except by a handful of retired naval officers . regarded as essentially the right man in the right place the Kitchener , in fact . of the Admiralty . At the moment his war maxims have special significance . " Modera- tion in war . " he is reported to have said , " is imbecility . Hit first , hit hard , hit anywhere . "
THE OPENING STATEMENT . Mr. Francis Williams , in opening the case merchant and haulier carrying on business at Whitchurch , near Cardiff , while the de- fendant was a gentleman living at Brock- hampton Court , near Ross , and this action was for a sum of £ 29 8s . , being the damages through a breach of warranty of soundness of a horse which was purchased by Mr. Skeats at Hereford on the 18th April last . The plaintiff attended the sale of horses , which was conducted by a firm of auctioneers what was the matter with the horse , he at of the names of Messrs . Jackson and Mc- once wrote to the auctioneers about it . Cartney , who carry on business at Hereford Cross - examined by Mr. Farrant : He did and Craven Arms . As he had said before , read the conditions of sale , and knew that Mr. Skeats went to the sale , and in the cata - the warranty only lasted for the day of the logue of the horses to be offered , amongst sale , and further that the horse must he ex- The captains of the Goeben and the Breslan others , was that of lot 42 , the owner of amined before leaving the repository . He -for we may be sure they have changed which lot was Mr. A. W. Foster . The horse did not have the horse examined by a vet every opportunity to examine the horse . their flag but not their officers - appear to was described as hay gelding , six years , erinary surgeon . He would be surprised if the sandcrack was seen by both auctioneers 16.8 , good worker , etc. , and warranted have a special weakness for attacking un- sound . Now it was upon that warranty and the two judges . armed and unfortified places , and , that being that they now claimed these damages . Mr. His Honour said that if this horse was the the case , they ought to be treated as pirates . Skeats , relying upon that warranty , bid for property of a gentleman so well known in Apparently both the cities of Theodosia and Novorossüsk are without defences , hoth being the horse , and it was eventually knocked the district , and was described in the cata near fore foot . It extended below the corp- that amount and the sum paid by plaintiff much favoured watering places , the former logue as being warranted sound , and then this sanderack was seen by the auctioneers , on the Crimea , the latter under the shadow was it not their plain duty to mention it ? of the Western Caucacus . A friend who Mr. Skeats : Nothing was said at the sale this summer visited the Black Sea assures about the sanderack by the auctioneers . your correspondent that there is only one Mr. Farrant said he was calling the auc- drawback to these and other coast towns tioneers . being the finest seaside resorts in the world . accommodation . The Black Sea boats , and those of the Volga , are comfort itself . But the inns , where they exist , are as far behind
Wine and Spirit Merchants , Bonded Warehousemen and that is the almost total absence of hotel
And CIDER MAKERS ,
East - street , 43 , Broad - street , and Bath - street , HEREFORD .
AND
HIGH - STREET , ROSS .
Foreign Wines and Spirits imported direct , under Bond , from Country of Production to their Bonded Storea , East - street .
DISTILLERS , FOR 80 YEARS , OF PULLING'S PURE HEREFORD GIN . Manufacturers of all kinds of Finest Quality British Liqueurs and Corlial Retail and Trade Lists Post Free on application . Goods Carriage Paid to any Railway Station Finest Special Reserve Whiskey , 50 / - Sole Consignees of TIRANT and to dozen . Sound Claret from 111. per dozen Co.'s CHAMPAGNE , at 561- and 68 per dozen . All other Champagnes at Lowest Priccs .
E. Collins and Sons .
Smallbrook ,
ROSS ,
the times as the Tartars .
At the time of writing it looks very much as though the threatened rehellion in South Africa under Beyers and De Wet were going to share the fate of Maritz's . Things have happened since the Pence of Vereeniging was signed . The Boer leaders of the war are not all so untouched by age as Christian De Wet ; the opinions of the surviovrs have softened considerably , and a new generation has sprung up almost in brotherhood with the English , who ask nothing better than that the Union should be left to work ont its own destiny in its own way . Above all things , it is now clear that there is no pro- German inclination behind the rebellion . Militarism is the Inst form of government which appeals to the Boer mind , though a few of them may still think that , with South Africa clear of British garrison . and the Germans occupying the attention of the Cape in the south - west , the opportunity to resuscitate the Vierkleur is propitions .
His Honour : I shall be interested to have them in the witness box .
form of unsoundness . He did not tell the buyers about this sanderack , and he had never known of it being done before by the which was partly due to the accident men- auctioneers unless authorised to do so . Hetioned by Hall , and therefore this horse considered all these things were really done for it had only to he put to work on was rendered unsound on the day of the sale , before the horses came under the auc- tioneers ' hammer , and when the buyers have the Monday , April 20th , to find that out . That being his opinion his an- swer to this rather serious question raised Mr. Arthur Benjamin Blower , also a part- was in favour of the plaintiff . As to the ner in Messrs . McCartney and Jackson , said amount of damages , Mr. Spencer said the he saw this horse before the judging took horse was sold as a horse in dispute for place , and he also saw the sandcrack on the £ 38 17s . Od . , and that the difference between was £ 29 8s . He would therefore give judg- net to the base of the foot . The sandcrack other horses to be sold as sound with sand- say and to make it quite clear that he did was quite patent to the eye . He had known ment for that amount . He also desired to crack . It might be a blemish .
His Honour : Is it not your duty , when you catalogue a horse as sound , and know there is a defect , to tell the buyers about it .
acted as agents between the buyers and the Mr. Blower said it was not . They merely sellers , and they would not declare there was sandcrack unless instructed to do so by .
the seller .
By Mr. Francis Williams : A sanderack
would be a defect in a way , but it would not cause unsoundness . On the day of the sale , the horse appeared to be perfectly sound and not at all lame .
ing that there was any improper conduct on not think there was any ground for suggest- the part of Mr. Foster or his bailiff as to the concealment of the sanderack .
WILL IT LAST ?
That is the
Continuing , Mr. Skeats , in reply to Mr. Farrant's cross - examination , said the sub- stance he found from the crack was cover- ed with blood , and he did not keep it . He ROSS CASE . certainly did not consider it a serious charge to make against a person when he said the anxious question of the unhappy kidney " But will my cure last ? " sandcrack was concealed . It was a fact sufferer . The assuring word of this Ross that it was concealed , and he was only say ing what he saw . He would not say it was resident , who has stayed cured for twelve gutta - percha . He brought the horse for a months , will be glad news indeed . friend of his Mr West , a builder . , He Mr. Dan Davies , auctioneer , and ex - Mayor On July 7th , 1913 , Mrs. A. Smallman , of of Pembroke , said he acted as one of the 31 , Over - Ross - street , near St. Mary's Hall , was surprised to hear that the horse was judges at the horse sale on April 18th . For Ross , said : " My back was always aching subsequently sold for £ 60 . amination on the correspondence that had horse shows and sales , while every year he In cross - exabout 30 years he had acted as a judge at at one time , and I used to feel tired and passed between the parties , witness said he bought and sold hundreds of horses . was not determined to get rid of the horse this sale there were about thirty horses put at once when he found what was the matter .
not a shiverer after he had stated so in one
WHAT THE JUDGES SAY .
drowsy . I had very sharp pains in the back
down to him for the sum of £ 68 5s . That purchase , he wished to point out , was made on Saturday , April 18th . After the sale the horse was taken home , and on the Sunday it was was not put to work . On Monday , April 20th , however , the plaintiff put the horse to do certain work , and it was after he had done this that he discovered the horse was bleeding on the near fore foot . He then examined the horse , and found it was suffering from sandcrack . He immedia- tely wrote to the auctioneers , calling their attention to this , concluding his letter by saying that he was sorry his first deal with The auctioneers replied the firm was wrong saying it would have been better if Mr. Skeats had wired to them before noon on Monday , but that they had forwarded his letter to Mr. Foster's bailiff , to hear what he had to say on the matter . Continuing Mr. Francis Williams read a whole host of correspondence , in which it transpired from the letters written on behalf of the defen- dant that the sanderack was not covered up as mentioned by the plaintiff in one of his severe attacks of dizziness and headaches . At and between the shoulders , together with letters , but that it was or could have been seen by everybody and that under the cirHe considered his sandcrack a very serious up for the competition , and he remembered There were touches of rheumatism in my cumstances the defendant conld not make form of unsoundness . In all probability the seeing Mr. Foster's horse . After a thorough hips , and I had urinary disorders as well . examination they picked out five or six- any allowance . Concluding the reading of house had had a rest before the sale . He horses for their final selection , and eventu- kidney pills I am pleased to say my back has However , after using Doan's backache the correspondence a long argument ensued admitted that he found that the horse was ally they awarded Mr. Foster's horse second been better . I am quite free of the pains on the question of the interrogations con- cerning the sale of this horse , Proceeding of his letters . The horse was taken to Car- prize . He noticed this little sandcrack , and now , and altogether brighter in every way . Mr. Francis Williams dealt with the condi diff by train , which was about 60 miles . certainly did not think it was sufficient to praise them too highly . ( Signed ) A. Small- he pointed it out to his fellow judge . He Doan's pills are excellent , and I cannot tions of sale , and said the only one that he Mr. George Merry , a saddler , of Whit place the horse further back . The sand- man . " thought his friend Mr. Farrant could base church . near Cardiff , deposed that he went crack was quite visible to those who examin- his defence upon that of No. 7 , On May 20th , with Mr. Skeats to Hereford on the 18th ed the horse . The horse was also perfectly months later , Mrs. Smallman said : " I have 1914 , nearly twelve which reads : " All horses that are warrant- April last to the horse sale . He had had to sound at the time , and this little sanderack kept quite free of the kidney trouble since ed sound in the catalogue or sale sheet , will do with horses practically all his life . On did not in any way cause unsoundness . This my cure by Doan's pills . " be sold sound on the day of sale only , and the day of the sale he examined the horse , Backache , gravel , dropsical swellings , The " housing problem , " which vexed our must be examined before leaving the reposi- both by himself and with Mr. Skeate before was a big fine horse , in good condition . In off days of peace , crops up again in the patent to the eye . Should the purchaser's sandcrack , and he had no intention of buying horse fetched a good price , and they as suspect kidney disease . municipalities in what seem to be the far- , tory other than for such defects as are not the sale . He never found any trace of opinion there had not been the slightest urinary disorders , rheumatic twingos , head- attempt to cover the sandcrack up . The aches and dizzy spells are enough cause to Doan's backache refugee Belgians . the enemy prisoners who horse to be warranty of bladder , and afford health and strength to continue to pour into England , and the soundness has been given , the vendor may horse . If the sandcrack had not have been buyers confirmed their opinion . Cross - examined by Mr. Francis Williams : thousands . resident civilians rounded up from the East nominate another veterinary surgeon to ex - covered up , he would have been bound to The buyers would certainly not take his Coast and elsewhere during the last week's amine the horse ( unless a veterinary sur- Price 28. 9d . a box , six boxes 13s . 9d . , of raid . All sorts of blood - curdling stories are opinion before their own , and that was why all dealers , or from Foster - McClellan Co. , 8 , we were so pleased with the result . It was Well - street , Oxford - street , London , W. circulated in the German Press just now on only a very little sandcrack , and he did not Don't ask for . backache or ' kidney pills - ask the subject . But those who have visited , sav , one of the big settlements near London , the same as Mrs. Smallman had . will accept these travellers ' tales at their proper value , and . unless their authors be final . The costs of these examinations secure more reliable witnesses than those shall he borne by the vendor or purchaser as whose names are appended to the reports . the verdict of the veterinary surgeon nomi- we doubt whether even the most pronounced nated by the auctioneers shall decide . Teoton and Anglophobe will he greatly im - veterinary surgeon's certificate of soundness pressed . As the " Times " pointed out the produced at the time of sale shall constitute Mr. Farrant said his defence to this claim other day , one of the chief " witnesses for warranty . " As for the other conditions , was that this sandcrack was patent of sand- the prosecution " is the notorious Dr. 8 and 9 , he did not think they ap - eye ; as a matter of fact , it could have been Peters , whose methods of teaching culture plied . He contended that as the horse was seen by anyone . Under the circumstances . in South - West Africa are a by - word even in catalogued as " warranted sound , " and it was not covered by the warranty , while in was afterwards found that it was suffering any case the warranty lasted for the day from sanderack , that the horse conld not of sale only . have been sound even on the day of sale . Mr. Farrant contended that this question of soundness was a question of law . His Honour said the real question left was whether sanderack constitute unsoundness
was
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geon's certificate has been produced at the Cross - examined by Mr. Farrant : He lift- time of sale ) , and in the event of the two ed the horse's feet up and no signs of sand- disagreeing , a third veterinary surgeon shall erack could be seen . He would say that it be nominated by the auctioneers to re-
examine the animal , and his decision shall had been filled up . Personally he could not believe it would bleed when put to do hard distinctly for Doan's backache kidney pills ,
" What's in a name ? " Well , just now there seems to be a good deal , and those with German names naturalised in England quite appreciate the fact . The spy hunters , however , should remember that because a man bears a German name he is not neces- That question apparently raised some little sarily even of German birth , and the London difficulty ; while it was also somewhat diffi- newspaper which had to pay Mr. Mark Ham - cult to understand the English in which the bourg five hundred pounds damages for in- condition was phrased will be sold sound sinuating a Tenton origin for the famous on the day of sale only . " Mr. Farrant said in any case the warranty Russian pianist is a case in point . Mr. Mark Hambourg is a well - known figure in London was for the day of sale only . Bohemian Society as well as on the concert platform , and member of perhaps the most famous of the four Arts Clubs in London , where on Saturday nights he delights his brother Savages with vigorous music . Next week he Rails for the U.S.A. at the moment , one of the few countries whose amusements are untroubled by the war .
further ..
and he did not . "
say why the judges and auctioneers saw it , Mr. Francis Williams : That is my case , your Honour .
THE DEFENCE .
His Honour : Bnt is that so .
second .
ness .
HORRORS BY GERMANS .
work . If they had considered the horse in anyway unsound , they certainly would not have given it a prize , but would have dis- carded it at once . As a rule judges did not look at little sandcracks . By his Honour : As judges they did not consider the sandcrack anything like suffi- An infant child torn from its sick mother cient to place the horse further back . In our opinion the horse was perfectly sound and thrown from a window to bayonet point ; on the day of the sale . the shelling of Red Cross Hospitals and Am- Mr. Edward Roberts , a farmer , of Craven bulance waggons ; the murder of British Arms , said he had had a great ' experience wounded soldiers ; and the looting and burn- with horses , and on April 18th he was a ing of homes - these are examples of German judge with Mr. Dan Davies at this sale . Mr. barbarities witnessed by Private E. Baker , Mr. Farrant : The condition says that all Foster's horse was a big fine horse , and they of the 1st Gloucester Regiment , and known horses that are warranted sound will be considered it quite good enough to place it in this district , who has just returned from His attention was called to the the front , having been wounded in both sold sound on the day of sale only . Mr. Thomas Martin Hall . Manager of the sandcrack , and it was by no means a bad thighs at the battle of the Aisne . one . On the other hand , the horse was very Called up on reserve , he fought through Home Farm . Brockhampton . for the defen- sound in action , otherwise they would not the battle of Mons without injury . " One day during the battle of the Aisne , " dant , deposed that the whole management , have placed it second . He was surprised was left to him , and Mr. Foster did not in- that this sandcrack opened on the Monday , he said , " we were skirmishing in a big wood terfere . He also bought and sold horses and he had hardly ever seen a sanderack when one of our boys shouted , Look , the and animals at his own discretion . having bleed . In reply to the Judge , witness said Germans are upon us . We dashed at them his employer's authority to do so . He this sandcrack did not constitute unsound- with fixed bayonets . They didn't fire or at- bonght horses from two to four years old , tempt to charge , but simply put up their Mr. Francis Williams said the condition and then sold them again when about six Mr. Alexander Harvey , farm bailiff for hands and surrendered . That was a nice pointed out that the horse was first of all to years . This particular horse in question he Mr. L. B. Lee , of How Caple Court , near little bag about 600 . be examined before leaving the repository purchased some three vears ago . from Mr. Ross , deposed that he knew this horse which The Germans at the front seem to excel except than for such defect as are not hidden B. Lee , of How Canle Court . At the was bought from them . He saw the horse in every kind of brutality . We were march- from the eye . I seemed to him that the time of the purchase , there were no signs on the day of sale at Hereford . He did ing through a village when we saw in the condition as worded might very well be left visible of the horse having sandcrack . Dur see the sandcrack , but did not take much distance a small company of Germans -rush- out . A general warranty of soundness never ing the time between 1911 and 1914. he put notice of it , as it was not worth it . The ing into a house , and then we saw a baby covered obvious defects . " the horse to work every day . The horse crack was not filled in at all . If it had being thrown through the upstairs window , His Honour : The except carries them contracted one or two sandcracks during been interfered with , he must have seen it , and alighting upon a bayonet held by one of that period . but with care they were proper- If the crack had been treated , it would their number outside . Before we could get Mr. Francis Williams said he would call I cured . The horse had got rather a brittle have been as sound as a bell . The sandcrack to them they made off . But if Teutonic names lead us into Indi- evidence which would prove that , this defect foot . This particular sandcrack might have was no form of unsoundness . The horse was " In another village during the battle of orous blunders , so also do some of them or sandorack was not patent or obvious to come on two months before the sale , hnt it fully worth from £ 60 to £ 70 . He would have the Aisne we saw a party of wounded Brit deceive the Germans themselves , especially the eye . In addition to Mr. Skeats , he would only extended down part of the foot . While purchased the horse just as readily with the ishers - and I think there were some French if it is a case of claiming a celebrity . For call another gentleman of considerable ex- the horse was in that condition , he instructsandcrack . -being taken away in ambulance waggons . example , by the way of cheering the droop- perience with horses , who examined this ed the auctioneers to sell the horse at their By His Honour : It was so slight that it Suddenly a shell came over the hills and ing spirits of devout music lovers , Sir Rich- horse before the sale , and he would also tell sale in Hereford . The horse was first offered was not worth calling a sanderack . burst upon them . Many were killed , includ- ard Ray Lankester , gives chapter and verse the Court that he never saw this sandcrack . for sale on the 21st March , but it was with- Mr. James Spencer , of Liverpool , said he ing some of the Royal Army Medical Corps , and the horses drawing the waggons .. to prove that the immortal Beethoven . like The strange part about this horse was that drawn then , and entered again for Mesars . purchased this horse on the 11th July last . the immortal Vincent Crummles , was " not it was entered for a prize competition , and Jackson and McCartney's sale on April 18. It was a horse being sold under dispute . " " It was also my lot to see houses in vil- Prussian . " It may , to all but good the iudges awarded it second prize . One The sandcrack did not in any way cause He examined the horse and found it had a lages we passed through burning furiously , Dickensians , sound like comparing the sub- would rather like to know what the other lameness , and it never showed signs of lame- slight sanderack . He gave 37 gns . for it . whilst other buildings were a mass of ruins , lime with ridiculous ; hut the parallel is ir horse were like if this horse won second ness during the whole time he put it to About four or five weeks after he sold the the poor , homeless people crying piteously on resistible . Yet . in all seriousness , there prize . work . He certainly considered the horse horse again . During the time he had it , it the roadside . seems a biting irony in the fact that Louis THE PLAINTIFF'S STATEMENT . sound , and that was why he instructed was at work every day on the streets of " I got my pill in the thick of a tough en- van Beethoven came of Flemish ancestry the auctioneers to warrant it as sound . Liverpool . It gave him every satisfaction , counter . A piece of shrapnel exploded by dwelling near Louvain . Had he been living Mr. Thomas Skeats said that he was a On the day of the sale , they left and he sold it to one of the largest firms in me and struck me on my thighs . now he might have set . the anguish of his haulier , living at Whitchurch , near Cardiff . Home about five o'clock in the morning , for Liverpool for £ 60 . The sanderack did not made helpless , but managed to crawl several native land to sombre harmonies to move the On April 18th last , he went to Hereford to they had to walk nine miles , and the horse affect the horse in any way . hundreds yards for medical attention . My souls of the listeners . As it is we solace attend a sale of horses . While there he saw had not rested before , but had been regular- Mr. Farrant then addressed His Honour brother saw me receive my injury and oried ourselves with the divine sonatas , reflecting the horse , which was described in the cata- that if they were made in Germany " logue as No. 42 , brought into the sale ring . worked . The horse was placed in the at some length , and said he still submitted piteously when he saw , my exhausted condi- Vard from 9 o'clock in the morning until on the evidence he had produced that this tion Belgium's blood went to their making . He had previously examined the horse , 130 , and it could have been examined by sandcrack was patent to the eye . He also practically on its arrival for the sale . It everybody . He considered it sound because asked His Honour to believe the evidence was also shown for competition , and he was there were no signs of lameness . The of his witnesses , who thoroughly examined present when that was done . The judges awarded it second prize . He did not examine horse was put in competition ; and the judges the horse , judged it , and awarded it second awarded it second prize . There was not the prize , that this sandcrack did not in any The horse was described in the catalogue slightest truth that this sandcrack was fill - way constitute unsoundness . Even the In a few days correct all irregularities and and warranted as sound . When the horse ed in by anyone or interfered with by any plaintiff himself admitted that the sandcrack one at any time . The horse , when put in was not open very wide , and that a very remove all obstructions ; also cure Anemia , and was put up for sale , it was the warranty cause no injury to the married or single are given with it that had an effect upon his invaluable . From most chemists , or by post , mind in the purchasing of it . He thought under cover , 1 or 2/9 , from Horton &amp; Co. , the horse was sure to be sound coming from Chemiate ( Chief Dispenser from the late the gentleman from whose place it was sent . Birmingham Lying - in Hospital ) , Dapt . 10 , Anton He bid for the horse at the sale , and it was knocked down to him at £ 68 58. , which sum Manor , Birmingham . Bold over 50 years . Gadies should end ponny stamp for a free sample he paid for it . When he examined the horse before the sale he never saw any sign of Pills , also Improved Banitary Towel , and in- beresting booklet post free .
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the horse while it was under the hammer .
of a sandcrack .. It was on the Monday when
THE Do not let arsy Hairs appear Restores Grey , or MEXICAN e Hair to its original colour , where the glands are not des troyed Prevents Dandruf , and HAIR the Hair from coming out . Re RENEWER . 18 NOT A DYE
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little thickness of paper would go between it . He also said the horse was a good worker , and not a shiverer as he at first
wrote , therefore he would ask His Honour to give judgment for the defendant .
His Honour , in giving judgment . dealt fully with the evidence laid before him , and
said he thought Mr. Farrant had laid too much stress on the question of fraud with
I was
Neaves
Food
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