29. THOMAS BROWN proceedingsdefend was indicted for stealing a mare, value 10 l. the property of Thomas Donally proceedingsvictim , November 29th .

THOMAS DONALLY < no role > sworn.

I live at Greenwich . The prisoner came to me on the 25th of November; he had the appearance of an officer of the army. He said he was stationed in Greenwich for three months. He asked me if I had any saddle-horses to let? I told him I had, but I was very cautious who I lett them to. He told me I need have no doubt of letting an horse to him, because he had very good acquaintance in town. He made mention of a Captain McKenzie < no role > , who I knew was in town, who he said was an acquaintance of his. I knew Captain McKenzie < no role > . He told me he was going to the Spread Eagle, in Grace-church-street, and was to return on Monday. I agreed to lett him an horse. He came to me on the next day, about half after eleven o'clock, and asked me to lend him a pair of spurs. I told him he should have them. I lett a mare of a dark colour to him, and desired he would put it up at the Dunn Horse in the Borough, which he agreed to do. I was going to town on Monday; I called there to see if the mare had been put up there or had been taken care of. I subscribed the marks of the gentleman, and asked if he had put up the horse there. They said there was no such thing. I went to the Spread Eagle, and subscribed the man and the mare, and asked if he had put it up there? They told me he had not.

Had you let him the mare for any particular number of days? - Yes, he was to return on the Monday, between four and five o'clock. There was no price agreed for the hire. I went to Captain McKenzie < no role > ; he said he knew nothing of the person more than his having called upon him, and said he knew some of Captain McKenzie < no role > 's friends, who desired him to call upon him, and that he dined and drank tea with him. He desired me to call upon one Haswell, a hatter, in Greenwich, who knew more of the prisoner. I went to Mr. Haswell; he said he knew nothing of him, but that he had got a hat, and some stockings, to the amount of two pounds odd of him, and that he believed he was not a fair dealing man. I enquired at the Grey-Hound; they said they knew nothing of him, only that he ordered a dinner there on Sunday, for himself and another person. I came to town to give the information at Sir John Fielding < no role > 's. I subscribed the prisoner. They told me if I went into the Brown Bear < no role > I should see him there, detained for stealing pistols. I went there and saw the prisoner.

Are you sure the prisoner is the person? - Yes. I went in and asked him where my mare was? He said, the mare was very safe, that he had got into a little scrape, and as soon as he got clear of it, I should have the mare, but he would not tell me where she was.

Have you ever recovered her? - Yes. I went to Aldridge's repository, and asked if there was such a mare there? Mr. Aldridge asked me what name it was brought in? I said in the name of Captain Brown. He said there was no such mare there; there was one in the name of Captain Reynolds, which answered my subscription. I saw my horse in the stable. I told him how it was got from me. He said the prisoner left it and had had three guineas upon it till the mare should be sold.

Is Aldridge here? - No. He was committed for aiding and abetting the prisoner, and has got clear. I thought there was no business for him to appear. I told Aldridge if he parted with the mare I should look to him for it. It was returned me by William Clipson < no role > .

WILLIAM CLIPSON < no role > sworn.

I keep a publick-house in Field-lane, Holbourn. I was going up to St. Martin's-lane with Mr. Wilson, a Marshalsea-court officer. We went into the Brown Bear < no role > , Bow-street; the prisoner was there. He told Mr. Wilson he knew him very well. He talked with him. Mr. Wilson came to me and told me, the prisoner and he had got a mare which he gave seventeen guineas for at Doncaster, in Yorkshire, which was to be sold that day at Aldridge's repository; he said I might if I chose purchase the mare, and not let it be sold for nothing, at the repository, as horses went then; and the prisoner gave me an order for Aldridge to deliver me the mare on paying his debt, and I was to give him two guineas more. I was bound over to prosecute Aldridge as well as the prisoner. I came back and told him I liked the horse and would give him the two guineas. He gave me half a guinea that day. I paid Mr. Aldridge for the mare three pounds eight shillings and three-pence, and stopped the sale of it, but did not take the mare away till the next day. When I went to fetch the mare, he said the man had been there, who said the mare was his property. I said then give me my money again, I had rather have nothing to do with it. He said, no, the man said it was his, but he had sold it to this gentleman.

Was you present at the first time the conversation was with the prisoner and Wilson respecting the transaction at Doncaster? - Yes.

Did the prisoner say he bought the mare at Doncaster? - Yes, for seventeen guineas; that he had rode her all the way, and hunted with her, and she was a good mare to hunt with, and he was very sorry to part with her.

What time did he say he had had her? - He did not say how long, but that he had rode her all the way from Yorkshire.

What day was that? - Wednesday the 29th.

Did he take upon himself and appear to you as the real owner? - Yes, and that he had the power to dispose of her as his own. I gave him half a guinea in part of the purchase; I was to bring the other guinea and half to the Brown Bear < no role > , or carry it to Tothil-fields Bridewell.

Was this all that passed? - Yes, till I went to Aldridge and paid the money; he delivered up the mare to me. I took it home. Justice Addington sent to me to inform me it was the property of another person, and I delivered it to the prosecutor at the Brown Bear < no role > in Bow-street, on the Friday.

Prisoner. Did I say I would sell the mare? - Yes. Prothero and Clark told me he offered to sell the mare to them that day.

PRISONER'S DEFENCE.

I had been under examinations in Bow-street. Clipson came with another man; they said they would recommend to me an attorney, Mr. Wilson. They told me they understood I had a mare at Mr. Aldridge's; they thought I might want money in the situation I was; that they would lead me any more money one the mare, if I would put it into their care for me. I told them there was a mare at Aldridge's, which I had borrowed three guineas on to pay a debt. I said if they would pay the money and take care of the mare for me, I should be obliged to them. They said they would, and asked me what I wanted. I desired them to give me half a guinea. They said they would, and gave me half a guinea, and said they would give me a guinea and an half more in the afternoon. I understand Clipson lives by going to persons in distress and doing things of this kind.

To Clipson. He says Wilson first applied to him and told him he understood he had the mare at Aldridge's? - It was impossible Wilson, or I, or the attorney could know any thing of that till he was taken. Wilson was backwards with the prisoner. They came and said he had the mare to sell.

From the conversation which passed did you understand that Wilson knew of the mare being at Aldridge's before he came there? - He knew nothing of it till he went in; they came out and told me of it.

Prisoner. I beg the character of Clipson may be enquired into, whether he has not been detected in such things before. He wished to swindle me out of this mare.

For the Prisoner.

WILLIAM ARCHER < no role > sworn.

I live at Dartford. I have known the prisoner two years. While he was at Dartford he was a private soldier in the Shropshire militia, which lay at Dartford. My father keeps a shop; he bought tea and sugar in our shop. He had been an officer in America, and was reduced on account of some misdemeanour. He behaved very honestly at Dartford for what I know.

You know nothing perhaps either of his honesty or dishonesty? - Not in the least.

Was you frequently in his company or only when he was in the shop? - When in the shop. Sometimes I was in his company in the town when he was upon the parade.

For the Prosecution.

DAVID PROTHERO < no role > sworn.

I am an officer at Sir John Fielding < no role > 's. I have some receipts which were delivered to me; they are signed one by the prisoner and the other by Aldridge.

Clipson. This is Aldrige's hand-writing, I saw him write it.

(They were produced and read in court. Aldridge's receipt was a receipt to Clipson for the money due on the mare.)

GUILTY ( Death .)

Tried by the Second Middlesex Jury before Mr. Baron PERRYN < no role > .