366. ANN (the wife of Rowley) LASCELLES proceedingsdefend , was indicted for stealing a gelding of a bay colour, value 40 s. the property of Thomas Patrick proceedingsvictim , May 31st .

THOMAS PATRICK < no role > sworn.

The prisoner came to my house on the 21st of May, and hired a horse and chaise, for two or three days; at the end of the three days she came and paid me for the hire of them, and said I should have the horse home that evening, but that she should want the chaise for some time longer. She ordered me to send my man down to the house for the horse that evening and he should have it. I accordingly sent, but the horse was not come home. The prisoner pretended she had left it in the country. I did not see the horse till some time after. The prisoner came up to me the next day, and said her servant was bad in the country and could not bring the horse to town; and she pretended she should want the horse a day or two longer.

Did you consent to her having it a day or two longer? - I did. This was on the Friday, on the Saturday I went to enquire after the horse and chaise, it looking very suspicious that it did not come home. I heard that the chaise and horse were parted with. I got a warrant and took her before Justice Cox who committed her.

What did the prisoner say? - She said she had disposed of it. We found the chaise in St. Martin's lane, at Mr. Aldridge's.

What day of the week was it when she first hired it? - Monday the last day of May.

THOMAS ALDRIDGE < no role > sworn.

Do you know the prisoner at the bar? - Yes; she brought a chaise to me on Monday the last day of May. She asked me to lend her some money upon it; I said I did not choose to do any such thing, but if she would fell the chaise and harness cheap I would buy it, as I wanted one for my own use; she said she would rather I should lend her some money upon it; I told her I did not choose to do any such thing. She asked me to buy the horse; I said I did not want one. At last she concluded to sell the chaise, and asked sixteen guineas for it; I offered her twelve; she said she was in such great distress that she was obliged to take it, for she should be ruined if she had not the money the next day, and she said she would in a day or two give me two or three guineas for my bargain; I told her I did not buy it with an intention to sell it again, and I would not sell it. I said if I buy it, I buy it, and will pay you for it. I gave her the money.

To the Prosecutor. Did you see the chaise afterwards in the custody of this witness? - I did; it was my chaise.

Court. Gentlemen of the Jury, This is an indictment against the prisoner for horse-stealing. I have conferred with my brothers, and we are all of opinion that under the circumstances of this case, this does not amount, in point of law, to a felony, therefore you will acquit the prisoner.

NOT GUILTY .

Tried by the First Middlesex Jury before Mr. Baron HOTHAM < no role > .

(There was another indictment against the prisoner, for stealing the chaise, upon which there was not any evidence given.)