647. CHARLES BENFIELD proceedingsdefend was indicted for stealing a black gelding, value 10 l. the property of George Plumridge proceedingsvictim This name instance is in a workspace. , August 4th .

GEORGE PLUMRIDGE < no role > This name instance is in a workspace. sworn.

I live at Hackney ; I keep horses and carts : on the 3d of August between nine and ten in the evening, I sent my horses into the field by my servant Matthew Allen < no role > ; about six o'clock the next morning, which was Sunday, one of my horses came home; I sent Allen back with it; he informed me that the rail was broke down, and there was another horse missing out of the field; I sent Allen and my boy in search of it that day, and on Monday and Tuesday; I had it cried at Whitechapel market on Wednesday, and again on the Thursday; about ten o'clock on Thursday one Flint, a wheeler, told me he saw a horse like mine with one Blinkford; I went to Blinkford; he said he saw a horse steaing about half after three o'clock on Sunday morning; that the horse being so good a one, he took notice of the marks as the man cut them off, and threw them on one side; I told him the marks of my horse, and he brought them to me in about a quarter of an hour; there was the tail, the nose, and a white foot-lock, which I swore to; I sent Mr. Wilmot's runners after the prisoner, and took him up immediately; he is a horse boiler in Kingsland-road, about a mile from where live, and about three miles from the place the horse was stolen from.

What might be the value of this horse? - 10 l. there were eight in the field; it happened to be the fattest among them.

MATTHEW HALE < no role > sworn.

I am servant to Mr. Plumridge: I took the horses into the field on Saturday night; the next morning one of them came home; I took him back to the field; that was between six and seven o'clock, and missed a black gelding, which my master has had about eight months; I know nothing against the prisoner.

JAMES WOOD < no role > sworn.

I clipt the tail of the horse about a week before; I know nothing of the stealing of it.

JOHN BLINKFORD < no role > sworn.

I have several horses at grass in a little field I rent of Mr. Scott; two of my horses were used to get over the bank and places into other people's grounds; I got up between three and four o'clock on the 4th of August, and went to see after my horses; as I was going down the lane that leads to my field, about half way I saw a short man in a light coloured coat, standing at the gate by a shed of the prisoner's, where he kills horses and boils the meat; being a stranger I went up to him; there were three or four dogs by the gate, who came flying at me, but as I work near the premises they knew me, and did not hurt me; I went into the yard; the man went in to the prisoner, and came out again; I went to the shed and saw a fine black gelding on his back, just knocked down; the flesh was quite alive; they had just began to rip it up the legs; they always begin to rip the skin at the legs.

Who was by this horse? - The prisoner and his boy; they had each of them a knife; seeing such a fine gelding, and there appearing to be nothing the matter with it, I thought much of it, and stood looking at it, and took great notice of it; it had three white foot-locks, the near foot before, and the two hind feet; he lay on his back with his tail toward me; I admired the tail, it was a fine black tail which had been lately cut, and had two swishes, one on each side; I walked round the horse, his off eye seemed to be out; he had a white spot on his nose, which came down between his nostrils, that is very remarkable: I went to seek my horses; when I returned, the four hoofs were cut off, and I could see nothing of them, that gave me a suspicion that the horse was stolen; I went out, and came in again, and saw them cutting the legs; they had then cut all the particular marks off, and thrown them among some bone, and almost spoiled the skin; while I stood there, Thomas Murray < no role > came in and seemed to be surprized to se the horse, and said to me, what can be the meaning of this horse being killed, is he glandered? the prisoner said he was; upon which I laughed; Murray said it was a stolen horse, and asked me to go and have a glass of gin; we went to a public house, and they were not up; from thence we went to another public house, where we had two pints of beer, instead of the gin; while we were there, we saw the prisoner and the strange man go by; Murray said all the way it was a stolen horse; I told him he should not say such a thing unless he knew it; I did not say any thing of my suspicion, but thought I would know whether it was a stolen horse or not; I desired a friend to look in the papers, and see if any horse was advertised, with particular marks, as stolen, as I had got possession of the pieces.

When did you get possession of the pieces? - When they went by the public house I went and got the pieces together, and put them under the bones: on the 8th of August, Mr. Plumridge came to me and told me he had heard that I had seen his horse killed; he described his horse; that his tail was cut, and there were two swishes on it, that it had been rubbed against the cart, and was sore at the end, that it had three white feet, and but one eye; which exactly corresponded with what I saw; I told him I believed I could fetch him all the pieces of it, and went and fetched them in my apron out of the prisoner's yard from under the bones where I had hid them: Mr. Plumridge knew them as soon as he saw them, and said they belonged to his horse; Mr. Plumridge has had them ever since.

[The tail, the nose, and a white foot-lock were produced in Court, and deposed to by the prosecutor.]

BLINKFORD. These are the things I picked up in the yard; I did not know that the tail was sore till Mr. Plumridge particularly described it.

THOMAS MURRAY < no role > sworn.

I worked with the last witness five or six years for Mr. Scott; I hired a stable of the prisoner, by the shed where the horse was killed; I was at the stable on the 4th of August about a quarter after four in the morning, as near as I can guess: I came to the shed, there were a man there that was tried last session for horse stealing, the prisoner and his boy, who is his nephew, and the last witness; the prisoner and his boy were skinning a horse; the boy was about the head, and the prisoner about the body; I observed the horse was a black one; I did not observe any of the marks, it was a sat horse; I said to the prisoner, what is the reason such a horse as this is killed? I think it is a great pity; what is the matter with him, Mr. Benfield, is he glandered? he said, yes, he is.

To PLUMRIDGE. Was your horse glandered? - No, he was as clear as a sucking foal.

MURRAY. Blinkford upon that turned his head and laughed, and gave me the wink; I walked near the horse, but could see no sort of running he had about the nose; I came out of the yard with Blinkford, and told him I had a great suspicion they had stole the horse; the man that was along with him made me suspect it.

JOHN APPLETON < no role > sworn.

I have known the horse ever since Mr. Plumridge has had it; I saw James Wood < no role > clip the tail.

Have you seen the pieces that have been produced? - Yes; I am very sensible they belong to Mr. Plumridge.

PRISONER's DEFENCE.

I bought the horse in Smithfield for fourteen shillings of one Richard Hayward < no role > .

'He called Robert Rocket < no role > and Margaret

'Hains, who gave him a good character.'

GUILTY . Death .

Tried by the Second Middlesex Jury before Mr. Justice GOULD.