155. (M.) Samuel Glascow proceedingsdefend , was indicted for stealing one bay coloured gelding, value 10 l. the property of William Hayward proceedingsvictim , serjeant at law , April 24 .*

William Cludd. I am clerk to Mr. Serjeant Hayward. On the 16th of April last, my master sent his servant to Mr. Walbank's, at Highbury-barn, Islington , with two black geldings, a bay one, and a gray mare, to be put to grass. And on the 18th we found the bay one was missing.

Q. Are you sure the gelding was there at grass?

Cludd. I saw them all four there, I saw them about an hour, or an hour and half after they were turned into the field.

Q. What time of the day was that?

Cludd. I think it was between five and six in the evening.

Q. How came you first to know the bay gelding was missing?

Cludd. My master went there on the 18th, and returned and told me he was missing, and I went, and missed him also. I was out after that, on the Sunday and Monday, to look for him, but could not find him. We advertised him, and-on Sunday the 26th a person came to me at Serjeant's-Inn, to let me know where the horse was.

Q. What day was he advertised?

Cludd. On the 23d.

Q. What is that man's name?

Cludd. His name is Ashley; he said, he was sent over by a gentleman from Barnet.

Q. Where did he say the gelding was?

Cludd. He said, he was at Potter's-Bar. I went to justice Hassel's at Barnet, on Sunday the 26th. The justice gave me an order to bring the horse to him. I went then to Potter's-Bar, and found the horse there at the sign of the Bull, he was delivered to me.

Q. In whose possession was the horse?

Cludd. In the possession of Mr. Brown, who keeps the Bull alehouse.

Prisoner. He mistakes, the man's name is Baker.

Cludd. Baker is the name.

Q. Did you know the horse?

Cludd. I am sure it is my master's property.

Q. How long had Mr. Serjeant had him?

Cludd. Ever since about Michaelmas last. I had rode him, and so had my master.

Q. Are there any particular marks on him, by which you know him.

Cludd. Yes; he has a blaze down his face, two white legs behind, white about the foot lock joint, a black mane and tail; the off leg behind had a little black scab on the heel, and a watry humour. I swore to the horse as my master's property before the justice; and then I brought him to town to my master.

Q. Was any body present when the horse was delivered to you?

Cludd. The landlord that delivered him to me, came with me to the justice, and also a baker, named Ward.

Q. Did you see the prisoner there?

Cludd. No; but I saw him in New-prison, before I went down to see the horse.

James Baker < no role > . I live at the Bull at Potter's-bar.

Q. Do you know the prisoner at the bar?

Baker. I never saw him to my knowledge before he came to my house on Friday morning was se'ennight.

Q. What time did he come?

Baker. He came about ten minutes after one in the morning.

Prisoner. I believe it was the 23d.

Baker. Henry Ward < no role > called me up, they had got a bill. I asked the prisoner what he was going to do with it; he said, he took it out of a house.

Q. Had they a horse?

Baker. Yes; he was put into my stable, under my care.

Q. Which of them came on horseback?

Baker. I do not know that. When they called me up, they were both on foot at my door, and the horse was with them

Q. Which had the horse in his hand?

Baker. I do not know that?

Q. How came you to put the horse into your stable?

Baker. Henry Ward < no role > asked me, if I had any room for a horse for his friend; I said yes. Then they came in and had four pots of beer.

Q. Who delivered the horse to you?

Baker. I think the prisoner did, and went with me to the stable with him, and he gave me directions to take care of him.

Q. What sort of a horse was he?

Baker. I think he was a chesnut coloured gelding, with a blaze down his forehead, and I believe three white feet. Ward went home, and the prisoner went to bed in my house. Ward came again about eight or nine o'clock in the morning. My wife told me, she believed the prisoner was a highwayman; and said, he had a pistol, and desired me to secure him; there was the constable in the house. We agreed to secure him, which we did about 12 o'clock. We found upon him a pistol, loaded with a marble, and some gunpowder, [Produced in court.]

Q. What did the prisoner say for himself?

Baker. He said, he had neither killed nor robbed any body, or done any body any harm.

Q. What became of the horse?

Baker. I took care of him, and kept him till the Sunday morning; then I delivered him up to Mr. Cludd, and went with him to the justice.

Q. What did the prisoner say about the horse?

Baker. I asked him no questions about him; but he said, the horse was his own right and property. That he had bought him, and gave five pounds for him; and he was going to change him away for a mare, with a man that keeps Jalybert's-lodge, on Enfield-chase. When the horse was in the stable, the prisoner called for a bowl of water, and a handful of salt, to rub the horse with; the creature had been hurt.

Henry Ward < no role > . I live at Potter's-bar.

Q. What are you?

Ward. I am a baker. On the 24th of April, I was at the Three-Horse-shoes on Finchley-common; the prisoner came there on horse-back.

Q. What time of the night did he come there?

Ward. It might be about ten at night; he sat at the door, and called for a pennyworth of gin, and a pint of beer, and some ale and bread for his horse in a bowl. He asked the way to Cloney-hatch, I stepped to the door, and asked him if I should go along with him, being going to South-street. He said, if I would shew him the way to Colney-hatch, he would shew me the way to South-street. We went along together till we got to a place called Bed stile. between Colney-hatch, and South-street, a publick-house. I told him I had a brother at South-street, and I would lie there, and then I should be near my home.

Q. Did you walk on foot or ride?

Ward. I walked on foot by him. When we came to this house, he opened the door, and rode in (the door was upon the latch) the horse seeing the fire would not go far in. Then he turned out again, and alighted off his horse, and we both went in; he went and opened a cupboard, and took some bread, and gave his horse, and some bread and butter, which he put into his pocket.

Q. Was any body below stairs?

Ward. No; no-body as we could make hear.

Q. Where was the horse at the time?

Ward. He hung him at the door; then he took a bill and a snuff-box, which he found in the house.

Q. What do you call a bill?

Ward. It is to cut wood and faggot with. He put the snuff box in his pocket, and gave me the bill to hold while he got on his horse, and away he rode, and I went with him.

Q. Did you call aloud for the people of the house?

Ward. He did, very loud; but could not make any body hear. The prisoner said, he had a mother lived at South-street.

Q. Did he say he knew the people of that house?

Ward. No, he did not; but he said, he knew it to be a very bad house?

Q. Did he stop at that house of his own accord, or did you desire him to stop there?

Ward. I was before him, and he stopped at the house, and then I went back again to him. I never was at that house before in my life, I was much surprized at his going in.

Q. Where did you go after you left that house?

Ward. We went to Potter's-bar directly.

Q. Did you stop any where by the way?

Ward. No; we stopped no where.

Q. How came it you did not go to South-street?

Ward. We were there, but I did not stay there at all.

Q. Did you see your brother?

Ward. I did, but I did not stay at all; not above half a minute; I only shook hands with him, and went on.

Q. How far is South-street from the Three Horse-shoes on Finchley-common?

Ward. I believe it may be four or five miles, if not more.

Q. What time of the night was it you got to South-street?

Ward. It might be 11 or 12, or a little after.

Q. Was your brother up?

Ward. He was a baking, he is a baker; the prisoner said, he should call at the Cherry-tree; but the people were not up, so we did not call at all. He said, he had a trifle of money due to him at Hatfield, and he would go there the next day to receive it; and as I was going home to Potter's-bar, he would go along with me for company.

Q. Did he ride all the way?

Ward. He rode the horse within about a mile of Potter's-bar. Then I told him I was tired of walking, and he said I might ride if I pleased. So he got down, and I got up upon his horse, and rode to Mr Baker's house. We called Mr. Baker up, and I asked him if he could let a man and his horse lie there all night. He said, yes. The horse was led into the stable.

Q. Who led him there?

Ward. I cannot say.

Q. Did you lead him there?

Ward. No, I did not. The prisoner asked for some salt and water to bathe his horse's back withal. Then we went into the house, and had four pots of beer.

Q. What time of the night was it when you came there?

Ward. It might be about 20 minutes past one in the morning

Q. How long did you stay before you went home?

Ward. I cannot say what time, I suppose it might be above an hour: then I went home to bed to my wife, and left the prisoner and horse there.

Q. Was it a dark, or light might?

Ward. It was not a very dark night; the moon arose about 12 that night.

Q. What was the colour of the horse?

Ward. I cannot say, I did not take notice of him.

Q. Did you see him the next day?

Ward. I did, I went there about eight or nine in the morning; the prisoner came to my house and breakfasted with me, and wanted to borrow 18 d. of me, to pay his reckoning; and I went along with him to Mr. Baker's house.

Q. did you lend him the 18 d.?

Ward. No, I did not. I told Mr. Baker, that he wanted to borrow 18 d. of me, and I had enough to do to pay my own debts, and not other peoples. I never saw the man in my life before. Then I saw Mr. Baker take the horse out of the stable, to carry him to the justice's, but I did not go along with them there.

Q. Who else was by?

Ward. A brother of mine was by.

Q. Can you upon your oath say, that the same horse that was delivered into the stable over-night, was the same horse that you saw taken out to go before the justice?

Ward. I can; I observed when his back was washed, and his heels had some little ailment; we had a candle in the stable.

Q. Where had you been, when you met with the prisoner at the Three Horse-shoes?

Ward. I had been to London on foot.

Q. What had been your business there?

Ward. I came to receive some money in London.

Q. Did you receive it?

Ward. I did.

Q. Any quantity?

Ward. Yes, a small quantity.

Q. What might it be?

Ward. It might be four or five pounds.

Q. Do not you know the exact sum?

Ward. It was five pounds four shillings.

Q. What time did you set out for London?

Ward. I sat out that morning about nine o'clock.

Q. What time did you set out of London to go back again?

Ward. I went from London to Hampstead, to see a brother of mine, after I had received the money.

Q. What time did you go out of London?

Ward. About three o'clock.

Q. How long did you stay at Hampstead?

Ward. I staid there till about a quarter before eight? then I went from thence to the Horse-shoes.

Q. Did you walk it?

Ward. I did.

Q. What time was it when you came to the Horse-shoes.

Ward. It might be near ten o'clock; I was intending to lie at the Horse-shoes, and said I did not chuse to go home, having a little money about me; but if a post-chaise came by, I would go along with that, and was just going to bed when the prisoner came to the door.

Q. Was it in your way to go by South-street to Potter's-bar?

Ward. It was, because I had some business with my brother, but I did not do any business with my brother.

Q. Why did you not?

Ward. Because he had not time, and could not do it that day.

Q. It is very odd for you to go cross Finchley-common with a stranger, with five pounds in your pocket; what could be your inducement so to do?

Ward. I went along with him for company.

Q. Was you ever in that house at Bed-stile before?

Ward. No, never in my life.

Q. When you saw this man take the bill and bread and butter away in that house, did you alarm the people?

Ward. We could not make them hear.

Q. Did you call aloud?

Ward. We did; the man of the house said since he did not hear us.

Q. Did you know the things that the prisoner took were not his own?

Ward. I did.

Court. Then you knew he was doing wrong.

Ward. I did.

Q. How came you to go with him afterwards?

Ward. Because I could not get rid of him.

Q. Why did you not stay with your brother when you got to South-street?

Ward. I was willing to get home that night.

Q. How came you to recommend a man to your friend that you knew had stole a bill, and bread and butter?

Ward. I knew he was not an honest man.

Q. Was you drunk at this time?

Ward. I was pretty forward in liquor.

Jeremiah Fox < no role > . I am servant to Mr. Walbank. I received this horse, to the best of my remembrance, on the 16th of April, of Mr. Serjeant Hayward's servants, his lad and his clerk.

Q. Describe the horse.

Fox. It was a bay gelding, with two white heels behind, a blaze in his face, and a little greasy heel'd, and I think a little white on one of his legs before. I put him in my master's ground, in a field next to my master's house.

Q. When was he missing?

Fox. That very night, to the best of my knowledge, he was stole out of the ground. There was a rail broke down in the night next to the house, and I dare say the horse was taken out at that very place. It is my business to go to see if the horses are safe, the first thing I do in the morning, and the last at night.

Q. What time did you leave the horse that evening?

Fox. It was, I believe, about nine o'clock.

Q. What time did you go to look after him in the morning?

Fox. I went into the field between three and four in the morning, and then I missed him. I did not give information of him so soon as I should have done. I told my master we had one horse short in the ground, and after that Mr. Serjeant Hayward came, and we told him of it.

Prisoner's Defence.

When first I met with this man (Ward) he shewed me the way to South-street Going along, we came to Bed stile. I said, if the man of the house is up I will have a pint of beer, for I am a little dry I opened the door, it was upon the latch. I rode half-way in, but the horse would not go quite, seeing the fire. Ward held my horse while I found a match upon the mantie-piece I lighted a candle, and he hung the horse at the door, and came in, and opened a drawer on the right hand coming in, and pulled out a bunch of matches and a snuff box; he put the box in his pocket, then he said, here is a bill, I live high the chase, it will serve me Mr. Ward, you may laugh if you please, you was the man that robb'd the house; I cut the bread and butter, you said you went to London to take ten pounds, and you had left it at the Three Horseshoes. I had a pistol loaded in my pocket for my own safety, but not to rob anybody with; and because my friends were not up at South-street, I was willing to get forward. I lived nine years in one shop in Holbourn, with John Steed < no role > and Thomas Bartlet < no role > , and have as good a character as Ward, tho' he was bailed. I said, I have a loaded pistol in my pocket, if any rogues come it will make them fly. He said, Give it me, and the first man we meet I will rob him: this is the truth, if I was to drop down dead from this place where I now stand; he wanted to rob that house, but I said, This is a poor man, I have known him ten years, and he has a family of children, see their cloaths laying about; there was another man, not the man of the house, that swore to the bill before the justice at Barnet.

Court. You are charged with stealing this gelding, confine your defence to that.

Prisoner. I gave five pounds ten shillings for the horse; when I was at Mr. Baker's house, Mr. Baker came out of his house two or three times, and wanted me to sell the horse. I said I did not want to sell him, I would not sell him; they said they had a mare, and would rap with me. I said it was not worth my while to rap for a thing not fit to ride I bought the horse fairly and honestly, coming from High Wickham. I had been abroad, and come to England but twelve months; I have been five years abroad had I staid till last Easter Monday; I lived nine months at High Wickham, and since I have worked for myself, and I came to London to buy me some tools, and some hair at a hair-merchant's on Ludgate-hill, to set up in business at High Wickham; but meeting with that man he brought me into this snare; he never saw me till that night, it is true, but I take him to be a very great rogue, worse than I, because I know myself to be an honest young fellow, if I had not, I should not have lived nine years in one shop. I don't know any-body in court, and I have no friends here. I know Mr. Hatch, but I don't think he would think it worth his while to come here, in order to save a man's life. I have worked with him, he sent word to the justice that I always behaved sober and honest, and never wronged him of any thing. I dare say he would give me an extraordinary good character; he lives at High Wickham in Buckinghamshire. That pistol I bought for five shillings, at the corner of Bartlett's-buildings, on the 23d of April, and gave an old pistol, worth about 7 d into the bargain for it. Ward went about four miles out of his way along with me; as soon as we went into Baker's house, he said to me, What will you drink? Ward said he would have punch; I said my pocket would not do for that; after that Baker and Ward fell to discounting about venison, Ward said he wanted some; Baker said, Hold your tongue, I'll help you to some at any time; and that fawns were now good, and he had dogs plenty in the house. They made a practice of stealing venison out of Enfield-chase.

Guilty Death .