3. BENJAMIN ROBERTS proceedingsdefend was indicted for feloniously stealing, on the 29th of September last, two black geldings, price 40 s. the property of Henry Wilmot proceedingsvictim .

HENRY WILMOT < no role > sworn.

I live at Tottenham High Cross , I lost two horses on the night of the 28th of September, I saw them that day about a quarter past three in the field near my house, the next morning my man went to fetch them up and he missed them, I did not take any trouble about them; I came to town, and when I returned, a constable had been to my house with a letter from Mr. Justice Blackborow, that they had taken the horses and the man, the horses had been taken to the killing-house, I know the prisoner, he worked six months with me last winter, he was a labourer.

Did you see him that day at Tottenham? - No.

WILLIAM SEASONS < no role > sworn,

On the 29th of September, I was sent for, and I went into Black-boy Alley, and found the prisoner with a horse, I caught him by the collar, and took him into custody, in bringing him along he shed tears, says he, Sir, I will tell you how I came by the horse.

Did he say that of himself or in consequence of any thing you said to him? - Nothing upon my honour, he said they came from Hornsey, and he had stolen him and another from Mr. Harry Wilmot < no role > 's; another horse was brought to me soon after the examination was over, his mane was cut off and his tail, that horse was bought by another horse-flesh man, I went to Mr. Wilmot's at Tottenham and informed him; these horses I took both into my custody, and the next day the prosecutor came and owned them.

Did the prisoner ever see the second horse? - No, I do not think he did, only when he took it in conjunction with another man.

One of the horses that Mr. Wilmot owned, was the same that the prisoner had? - When the prosecutor came, he said to the prisoner, is it you Benjamin? I thought you would have been the last person to rob me, the prisoner shed tears, and said, he was very sorry, and hoped he would be merciful to him.

JOHN WILTSHIRE < no role > sworn.

I stopped a horse on the 29th of September in Sharp's Alley, the prisoner was going to sell him, I saw the horse all of a lather, all of a sweat, and I thought the horse was too good to kill; I was going to work when I saw him, he was brought to Mr. Bowlings, a horse boiler, the prisoner was with the horse, I sent for Mr. Seasons the constable.

Court to Wilmot. You heard of two horses by Seasons? - Yes.

Were these the two horses you had lost? - Yes, not a doubt about it; I have had them many years, they were horses of very little value, and they work about home.

PRISONER's DEFENCE.

I was drinking a pint of beer, and a man came in to me and asked me if I wanted a job; he said will you take one of these horses to Mr. Bowling's, and I will satisfy you; I took them down, and a man came by and stopped me.

GUILTY , Death .

Tried by the first Middlesex Jury before Mr. RECORDER.