628. JAMES DURHAM proceedingsdefend was indicted for stealing a gelding, value 5 l. the property of William Watkins proceedingsvictim , June 11th .

2d. Count, for stealing a gelding, value 6 l, the property of William Watkins < no role > , June 18th .

WILLIAM WATKINS < no role > sworn.

I live at Deptford , I lost a brown gelding on the 11th of June out of my field, from amongst the rest of the horses. On the 18th, I lost a black gelding, out of the same field, on the Friday following, I was at Smithfield to buy a horse: when I was paying for it, one Saunders told me, that a black horse had been sold to Mr. Hopkins in the Borough; we went and found the black horse; Saunders said, that one Allen had bought a brown horse; that he was sure was mine. We went the next morning to Allen at Rotherithe, and found it there; when we were at Hopkins's, he said they were sold at Tattersell's, and he believed the man was not paid; we went up to Tattersell's at eleven at night; they told us there, that he had not received the money, and they expected him to come in the morning which he did, and was taken by Wildman, Mr. Tattersell's servant.

- WILDMAN sworn.

The prisoner brought a brown gelding to Mr. Tattersell's to sell on the 10th of June, and a black gelding on the 18th; one Mr. Dixon bought the brown one, and Hopkins in Mint-street in the Borough bought the other.

Did you stop the man? - Yes; on the Saturday morning the 20th of June, when he came to receive the money for the second; he had received the money for the first before we knew of it; he did not seem to say much when he was stopped. The constable took him to the round-house.

Is neither Allen nor Hopkins here? - No.

Q. to Wildman. What were the marks of the horse sold at Tattersell's? - A black horse with part of one of his ears cut off; it was booked in the name of Edmonds; he said his name was John Edmonds < no role > .

Q. to Watkins. What were the marks of the black horse? - He had part of one ear torn off by rolling into a ditch; it was bruised with the gravel.

Q. to Wildman. You saw the black horse brought? - Yes.

PRISONER's DEFENCE.

I buy and sell horses; I bought them of a man on the road that sells fish; he comes from Kent.

GUILTY Death .

Tried by the First Middlesex Jury before Mr. Justice ASHHURST.