23. RICHARD SMITH proceedingsdefend was indicted for feloniously stealing on the 19th of October , a black mare, price 40 s. the property of John Gauncy proceedingsvictim .

JOHN GAUNCY < no role > sworn.

I live at Winchmore Hill, I lost a black mare on the 19th of October, about eight in the evening, I had had it to London that day, I came home at eight, I missed it, the next day I went after him three days, and could not find him, I found him on the 2d of November, at Farmer Holloway's, at North Mims, I am sure the horse I found was my horse, I do not know the prisoner.

Mr. Garrow. What is the extent of Edmonton Common? - It is about seven hundred acres.

A good deal of wood upon it? - A good deal.

It is not at all uncommon for cattle to stray and be missing for some time? - Sometimes they will be lost for a fortnight.

It was a fortnight before you found it? - Yes.

You do not know what business the young man at the bar is? - He was a hostler at the Bird cage, at Stamford Hill.

CHARLES CHADDICK < no role > sworn.

I know but very little of the matter, I never saw the prisoner before, he said he knew me, I was going to Colney, and he was following his landlord where he had slept the remaining part of the night of the 19th of October, which was the night the horse was lost, at eleven on the morning of the 20th, I met the prisoner, he was following his landlord in a little cart, the prisoner was on one horse and led another, and the landlord says will you go with me, I said I am going to the Hop Sale, the man hearing him call my name Chaddick, says he the hostler says you want to buy a horse, says he this is it, I had it in a chop, at Walden yesterday, I says whereabouts is the price of her, three pounds says he, says I it is better worth a guinea, it is a blind poor creature, it was not worth a guinea, but I gave him a guinea and a half, and he left the mare, and the money with me from Wednesday till Friday, when he called for the money, I sold the mare to this Holloway, on the Thursday before the man called for the money.

What did you sell her to him for? - I had a pig of him, and the difference was about two guineas, I was to give him a guinea and a half for the pig, and he gave me half a guinea and took the mare.

Mr. Garrow. Mr. Chaddick, do you know what you have been swearing all this time? - Swearing!

Aye, swearing that this horse was not worth a guinea? - I would not have had him of a gift.

How came you to sell him for so much? - He charged me rather too much for the pig, and I charged him rather too much for the mare.

I suppose you gave a guinea and a half for a pig, that was not worth nineteen shillings? - I believe he charged me too much for the pig.

And how come you to sell it? - It did not suit me, as soon as I see them I can tell whether they are workmen or no.

How long have you been in the horse-dealing line? - I only buy for my own use.

Do you mean to swear that horse was not worth a guinea? - I do not say he was not worth a guinea.

But you have said it was not a cheap horse at two guineas? - No Sir, and the owner will say so.

How soon afterwards did you hear the horse had been stolen? - I believe it was seven or eight days before I heard of it.

Do you usually buy horses in this way? - No, Sir.

Of a stranger in the road and know nothing about him? - No, Sir.

Did he come to your house to take the money? - No, Sir, he took it at the house where he used to sleep at, he sent for me.

And took the money before witnesses? - Yes, he was at his dinner, other people present, and two days after the sale he took the money for the horse.

Has this young man been employed in conducting strings of horses, as they are called, to this town? - I have heard so.

Court. Are there any other witnesses? - No, my Lord.

Court. Then there is no evidence at all, there is no proof, that this horse that this man bought is the same horse.

[NOT] GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.