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CARLTON v. HESCOX. (107 Mass. 410.) By Austin A. Martin. [" Evidence of how much hay an ordinary horse will eat in a week is incompetent on the question how much hay was eaten in eight weeks and a half by a horse that teas not in ordinary condition."^ A citizen and horseowner is stopped by a Sheriff's Deputy.
IT is a sheriff's deputy, And he stoppeth one so free. "By Cock and Pye! and the Foul Fiend! Now wherefore stop'st thou me?"
Who serveth a writ upon him.
"I stop thee at brave Carlton's suit, Who s furnished grain and hay Unto thy gallant four-foot brute, Who ate and ne'er said neigh!
And summoneth him before the Superior Court next to be holden.
"Before the next Superior Court, I warn thee to appear; And if of justice thou hast aught, Thou there canst make it clear."
The Judge paceth into the Court
The Judge hath paced into the court; A portly man is he. With rev'rend mien behind him go The good and true jury.
The Trial. The Plaintiffs tale.
The Plaintiff opened then his case, And straight he did complain, That to defendant's gallant steed He d furnished hay and grain. And eight long weeks and eke a half Had given watchful care, To cure him of some fell disease, That noble horse did bear. A most astounding quantity Of hay that horse had ate; So swore good Amos Carlton Before the Court sedate.
Defendant is sore angered and amazed
Such monstrous weight of provender, Defendant Hescox swore, No living horse or hippogriff Had eaten e'er before.
