634. ROBERT MOTT proceedingsdefend was indicted for that he being a person of a wicked mind and disposition on the 26th day of June last, one gelding, price 12 l. the property of Thomas Brasset proceedingsvictim , in a certain street called Russell-street , feloniously, maliciously, unlawfully, and wilfully, did wound against the statute.

Another Count for maiming one other gelding, price 12 l. the goods, cattle, and chattles of the said Thomas.

THOMAS BRASSET < no role > sworn.

I live at Fulham, I had a horse wounded last June, just going out of Covent Garden market to Bow-street, it was my property.

What sort of a horse was it? - A dark brown horse.

Any particular mark? - No, it was about eight years old.

When did you see this horse unhurt? - About eight at night before, on Wednesday the 25th, I saw him at ten the next day, with his side cut, so that you could almost see his guts.

THOMAS SIMPSON < no role > sworn.

Court. How old are you? - Thirteen.

Do you know the consequence of taking a false oath? - Yes.

What is it? - Fear of hell fire.

Then mind you speak nothing but the truth? - I had been at market that morning the 26th of June, I had got him out of the waggon and was going to put him up.

Why did not you put him up? - Going along Russel-street, just by the cross-way, about five in he morning, I met three men they were coming on the cross-way, and this prisoner pulled a knife out of his pocket he struck at the first horse, which he missed, and then cut the second horse in the flank; I never spoke a word to him, nor he to me, nor to any of them; I saw him pull the knife out of his pocket and run towards the horse and cut him; it was quite light, I saw two men and I called them, and I told them of it, and one of them brought the horse back to the market, and the other went with me and took the prisoner, we took him by the corner of the piazza, there was a jack-ass boy and a lamplighter quarrelling and fighting, he run away, and we lost sight of him for a little bit, but I soon saw him again, I was sure he was the same man, I observed him before he came up to the horse, he was dressed in black cloaths, and a pair of leather breeches, we took him almost directly after the knife was found upon him, I was not lame then, the horse has got over it now, thank God, it was a black gelding, but his coat was rather turned dark brown.

Prisoner's Council. The knife was drawn in his hand? - Yes.

Before he came up to the horse? - Yes.

He had no quarrel with you, or any body belonging to the horses? - No.

Did he know who your master was? - No, I do not think he did.

The horse is very well now? - Yes.

- READSHAW sworn.

I was coming out of Covent-garden, the 26th of June in the morning, about a quarter before five, or five o'clock; coming along, seeing the prisoner cross the way from where the coaches were, I believe it to be Russel-street, the sun arising, I saw a knife in his hand, and glittering by the sun shine, I saw him go up to the second horse and make a push at him with a knife, the boy directly cried, he has killed my horse, he run away from the horses and went into a croud of people that were fighting, I sprung the man, I kept my eyes on him, I never lost sight of him, directly a gardener said, I shall take care of you, that you shall go before a magistrate, to give evidence against that man, says I, he is a very cruel fellow.

[The remainder of this trial in part IV. which will be published in a few days.]

ERRATA.

NUMB. VII. PART II.

Page 823, line 26, for I had a bad character, read I never had a bad character.

Page 823, Trial, No. 627, for William and John Berryman < no role > , read William Blunt < no role > and John Berryman < no role > .

Trials at Law, Arguments of Counsel, &c. carefully taken in Short-Hand, and copied, with Dispatch by E. HODGSON, Writer of these Proceedings, No. 35, Chancery Lane.

Short-hand taught at Home and Abroad.

This Day is Published, Price 2 s. 6 d. the Second Edition, with Additions, of SHORT-HAND on an IMPROVED PLAN; The Alphabet consisting of Sixteen Characters only, by E. HODGSON;

Sold by J. WALMSLAY, No, 35, Chancery Lane, S. BLADON, Pater-noster Row. and J. CLARKE, Portugal Street.

N. B. This Book, which contains also an Explanatory Copper-plate is a sufficient Instructor of itself, but if any Doubts should arise, they shall be removed on Application to the Author without any additional Expence.

THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON; AND ALSO, The Gaol Delivery for the County of Middlesex; HELD AT JUSTICE HALL in the OLD BAILEY, On Wednesday the 10th of SEPTEMBER, 1783, and the following Days;

Being the SEVENTH SESSION in the Mayoralty of The Right Hon. Nathaniel Newnham < no role > , Esq; LORD MAYOR OF THE CITY OF LONDON.

TAKEN IN SHORT HAND BY E. HODGSON, And Published by Authority.

NUMBER VII. PART IV.

LONDON:

Printed for E. HODGSON (the Proprietor) And Sold by J. WALMSLAY, No. 35, Chancery Lane, and S. BLADON, No. 13, Pater-noster Row.

MDCCLXXXIII.

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THE WHOLE PROCEEDINGS UPON THE

KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON, &c.

Continuation of the Trial of Robert Mott < no role > .

Court. Did he appear to be drunk? - I really cannot say that he was quite sober, he was but a little in liquor, or he might be sober I cannot say, I saw him taken, he was dressed in a black coat or dark grey; I am sure it is the same person.

Prisoner's Council. What arose you so soon that morning? - I went to buy some herbs in the market, six bunches of peppermint and six bunches of balm to make tea of; I had them under my arm at the time.

Whoever the person was, he was in black? - Yes.

Had he had any quarrel with any body? - No.

Did the horses obstruct his way? - He went across the way to the horses with a knife in his hand.

He was drunk? - I cannot say.

Did he know the owner of the horses, or the boy? - Not that I know of, he was going along quietly as I thought, and he went up to the horses and stabbed the second horse; he crossed the foot way, it was not his nearest way.

Did he appear to you to be in liquor? - I cannot say, I think he must be quite reasonable to cross the way and go up to the horse and stab him.

JOHN BLACKWELL < no role > sworn.

I went into the watch-house and took this knife from the prisoner.

Was it bloody at the time you found it? - It is now in the situation I found it.

(The knife handed to the Jury.)

Court to Brassett. How long was it before your horse recovered? - About five weeks.

PRISONER's DEFENCE.

I was so much in liquor I knew nothing at all about it.

WILLIAM ARNOLD < no role > sworn.

I have known the prisoner from his infancy.

Prisoner's Council. What is his character as to humanity? - Quite tender, I never knew him any other than quite a tender child.

Not bloody, or savage? - Far from it, tender of any thing of that kind.

Do you think, in his sober senses, he would be capable of an act of that cruelty? - I do not think he would.

JOHN MEAD < no role > sworn.

I have known the prisoner this twelve years.

From the observation you have seen, and from all that you have known, and from the character that the prisoner bore, do you think he could have done such an act in his sober senses? - I absolutely think that of himself he would not: I always knew him to be a very gentle disposition from the time that he went to the East-Indies, I am informed he has acted in the capacity of a Hackney coachman .

JAMES WICHE < no role > sworn.

I am the prisoner's master, I keep hackney coaches, he has been with me between eighteen and nineteen months, he always boarded in my house, the same as my own family; I had discharged him about four days, I did not want him.

You that deal in horses, you that are hackney men and kept him as a coachman, could have observed his tenderness to his horses in general? - He always used my horses well, to think that ever that lad would be guilty of such a cruel affair as this, he is so very tender over horses, I am sure if he was in his sober senses, he never would have attempted such a thing.

JOHN KING < no role > sworn.

I am a peruke maker, I have known the prisoner from his infancy, I should think from my knowledge of him that he was far from any cut of inhumanity; was he in his senses, I would rather think him more effeminate than cruel; I never heard of any cruel act of him.

Court to Jury. Gentlemen: The crime of which the prisoner is charged, is a capital offence, you will judge in the first place, whether he is the man that committed it, and in the next place, whether he did it wilfully and maliciously: There seems to be no doubt about his being the man.

GUILTY, Death .

He was humbly recommended to mercy by the Jury .

Tried by the first Middlesex Jury before Mr. Baron HOTHAM.

Mr. Chetwood Council for the prisoner, Moved the Court on the Tuesday following, in arrest of judgment, the act saying, whoever shall wound any cattle, not whoever shall wound any horse, mare, or gelding, under which description persons guilty of offences against horses, are always discribed, for that act of parliament states, that whoever shall destroy any number of horses, mares, or geldings, shall be ousted of his clergy, which was amended by the second and third of Elizabeth, whereby it is declared that any person feloniously stealing one horse, mare, or gelding, shall be put from his clergy, in the same manner as if he had stolen more; now the words are in this statute, unlawfully and maliciously, shall kill, maim, or wound any cattle.

Mr. Baron HOTHAM. I have found a note of a case of the King and Batty, tried by Mr. Justice Blackstone, at Abington assizes,

"and it was afterwards resolved by

"all the Judges, that horses or cattle within

"this act, which is the thing set out as an

"extension of the statute of the twenty-second

"and twenty-third of Charles the

"second, which makes killing horses a

"capital offence. Therefore, I see no

"ground for the arrest of judgment."