Litigation in respect of the buying and selling of horses was once a major part of the Irish legal system. Although Sport (Dublin) did not usually carry legal reports, it made an exception on 13 February 1915 in respect of the below entertaining case:

“SALE OF A HORSE

DONOVAN V MCPHERSON

(Before Mr Justice Dodd and a Special Jury)

In the King’s Bench Division, Dublin, before Mr Justice Dodd and a special jury, Mr Thomas Donovan, at one time Lord Mayor of Cork, sued Captain A.D. McPherson, formerly of the Royal Field Artillery, now of the Royal Artillery, for alleged breach of warranty in the sale of a horse.

Counsel for the plaintiff – Mr Cecil Atkinson, KC and Mr Rearden (instructed by Mr Richard Hayes).

For the defendant – Mr James Chambers, KC, MP and Mr Vincent Rice (instructed by Mr CH Denroche).

Plaintiff Examined

Mr Thomas Donovan, the plaintiff, was examined by Mr Rearden, and said that at the Cahirmee fair the defendant came to him with the mare and said, ‘Tom, would you buy the mare?’  Witness noticed that she switched her tail, and asked was she quiet and sound.  The defendant said ‘Yes,’ and said he wanted £150.  Witness said, ‘That settles the matter,’ and added, ‘I will give you £50 if the mare is all you say and Mr Phelan, the vet, passes her as sound.’   Some people in the crowd suggested to split the difference of £10, but they did not do that.  Afterwards Mr Phelan examined the animal for its wind, and said, ‘She makes a little noise,’ and witness told Mr Phelan that he had offered £50, and the vet said, ‘At that price I would not raise any objection.  If you were giving a big price I would not pass her.’

Later in the day the defendant came with witness to his motor car to have some nourishment (a laugh) or something to eat, when they agreed to £55, which he paid defendant by cheque.  When the mare was taken away witness endeavoured to mount her.

And what did she do? She let fly her near forefoot to hit me.  We had to put a twitch on her.  I lent her to anyone who wanted a mount (laughter), and she was very good over country – when you got her there.  A major of defendant’s regiment stated that the mare would kill him.

Cross-examined by Mr Chambers, KC –

You were surprised at the gloomy colours in which Mr Atkinson painted you? He did not go far enough (laughter).

You entertained Royalty?  Yes, the Duke of Connaught was one.

Are you the most popular man in Cork with the Bar?  Not more than Royalty (laughter).

Had you this mare at Tattersall’s? Yes.

Did you sell her at £80? Yes; but I was unsuccessful in disposing of her.

Friend of Royalty (laughter), you put her up for sale? Yes.

Did you warrant her? No; I said she was dangerous in the stable and she was not sold, and was returned to me.  Major Ryan told Mr Phelan that she nearly killed her late master.

As Well Known as a Hangman

Did the defendant tell you he had hunted the mare for two seasons with the Muskerrrys?  Yes, and that’s what took me (a laugh).  She was as well known as a hangman (laughter).

Do you justify writing to this gentleman that ‘It is ungentlemanly conduct, and deserves criminal treatment?  Yes; it was conducive to murder.

Did you write to his colonel? Yes.

The animal would not do for a charger? Anything would do for a charger now (laughter).

Would you have sold her as a charger? No.  She might make an infantry charger (laughter). 

But not a regular cavalry charger? No, unless you wanted to decimate the regiment (laughter).

Mr George Phelan V.S., Examined

Mr George Phelan V.S., examined by Mr Atkinson, K.C., said that at the Cahirmee fair he tested the mare for her wind.  She was then being ridden by Mr McPherson’s men.  He found her to be a slight ‘whistler,’ and told Mr Donovan he would not spin her, having regard to the price.  He afterwards heard the mare squeak, which was a sign of temper.  He asked Mr McPherson was she quiet, and he replied ‘Perfectly quiet.’

Michael Cotter, examined by Mr Atkinson K.C., said that for seven years he had been a groom in the employment of Mr Donovan.  At Cahirmee Fair he said to Mr McPherson’s groom: ‘Was the mare all right?’ and the defendant said ‘Tell this man all about the mare; how you manage at home.’  And the groom said to be very cautious and ‘always have a bit of hay in your hand.’  Afterwards she had to be tied up.

What did she do to you? She turned on me and, with the first kick, knocked me down and put me senseless.

You were unconscious? Partly.  I was foolish for a long time (a laugh).

Mr Justice Dodd – But she was a beauty to go?  Yes, when you got on her back, but she had to be tied up she was so dangerous.

High-class Kicker

Mr Atkinson, K.C., – She was a high-class kicker?  She’d kick the stars (laughter).  The only way to keep her quiet was to murder her with work (laughter).  I told Mr Donovan that McPherson’s man told me the mare was very dangerous and to be careful of her.

John Collins, also a groom in Mr Donovan’s employment, was examined by Mr Rearden.

What was your experience of the mare? I never met the like of her, and I hope I never will (laughter).

To Mr Chambers – It took two men to help to mount her.

This closed the case for the plaintiff.

The Defendant’s Evidence

Captain McPherson, the defendant, in answer to Mr Chambers, K.C., said he sailed for India in March, 1914.

And have come from France to meet this case? Yes.

Is there any truth in the suggestion that you left for India to avoid Mr Donovan’s writ? None whatever.

When did you buy the mare? In August, 1911.  She was then eight years old.

From that time up to the time you sold her to the plaintiff did she exhibit any vice? None.

Is it true that she had the reputation of a hangman? No.

Witness said he hunted the mare with the Muskerry Hounds.  When spoken to by Mr Donovan he asked £120, and £70 was offered.  Witness would not have that, but the offer was left open, and after a while £60 was mentioned, and after Mr Phelan examined the mare the word ‘vice’ or ‘stable conduct’ was never mentioned.  Mr Donovan said she looked wild, but witness said she was quiet.  They were discussing her hunting capacity.  Ultimately he accepted £55.

Was she taken on as a charger? Yes, and he mounted and dismounted frequently.  Other officers rode her, and he never heard a complaint.

Cross-examined by Mr Atkinson, KC – The mare twice tried to kick me.

What were you doing? Once I was pulling her tail and another time when I was coming up to her.

Mr Justice Dodd – You were selling her as a huntress and it was as such you discussed the matter? Yes.

Other Witnesses

Mr WE Bradley, V.S., was examined by Mr Rice – He heard the defendant stating that the mare tried to kick him.

Is it a natural thing for a mare to try to kick if you were ‘pulling her tail’? Yes, I think I should do it myself (laughter).

Mr Gale in answer to Mr Chambers said he hunted the mare having got a mount from Mr Donovan and found no difficulty or vice about her.

Dr Jeremiah Ryan gave similar evidence.

The case for the defendant closed.

The jury found for the defendant, and judgment was entered accordingly.”

Another report in the Fermanagh Times contained more detail about the evidence given by the plaintiff, Mr Donovan, who described himself as

“’a horse-dealer… well known to everyone… in the sporting, hunting and horse-buying world.  The Duke of Connaught dined with [me] when he presented a bridge to Cork.  It is called Donovan’s bridge… I’m not alone the entertainer of Royalty, but I am for years the friend of Royalty,’

According to the Fermanagh Times, Mr Donovan in his further answers was

“so amusing that Mr Justice Dodd had to observe that there were times when the Bench had to protect witnesses, but in this instance he thought he would have to protect counsel against the witness.”

The counsel in question, Mr Atkinson, had, however, the last laugh when Mr Donovan lost what appears to have been a fairly strong case – thereby proving not only that the ‘friend of royalty’ card cut little ice with Cork juries but also that, as previously established by Oscar Wilde, the witness box is a place to be parsimonious rather than generous with one’s ebullience!

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