36. WILLIAM GILES SMITH proceedingsdefend was indicted for stealing, on the 11th of October last, at the parish of Harmandsworth , two boar pigs, of the value of twenty shillings, and one sow pig, of the value of twenty shillings , the property of James Jarvis proceedingsvictim .

JAMES JARVIS < no role > sworn.

I lost my hogs the 10th of October, on old Michaelmas day; I went to work in the morning, about six o'clock, and fed them before I went; in the evening I came home again about six, and the next morning I got up as usual to give them some meat; I made search and could not find them.

How many had you? - Three.

Where were they kept? - In the yard; they used to go into the orchard, and sometimes go over the river, into my neighbour's orchard; I sent about noon, to know if they had seen anything of them; I searched all about home, and came as far as Hounslow, to see if I could hear any thing of them at Hounslow market.

Where did you find them? - I found them at Turnham Green on Thursday.

When did you lose them? - On Wednesday night, or Thursday morning, I can't say which.

Where did you find them at Turnham-Green? - I found two at Mr. Keeve's, and one at Mr. Grimsdale's.

What are they? - Mr. Grimsdale is a baker; one of them was killed and hung up.

You found two at Keeve's, the one dead and thd other alive? - Yes.

Were they your pigs? - I could not swear to one, by reason it was scalded, and the hair off.

Did you know the other pigs? - I could swear to the two living.

How do you know them? - By the marks; one is a black and white, another black all over the loins, and a little bit out of its ear.

In your observation of the marks, you are able to swear positively to those two? - I have got a man to swear as well as myself.

WILLIAM GRIMSDALE < no role > sworn.

I am a baker, I live at Turnham Green.

How did you come by those pigs? - As I was standing by my own door, on the 11th of October.

What day was it? - Thursday.

What time of the day? - About twelve o'clock, as high as I can guess: I saw this man driving three pigs along the road; I staid there till he came up to me, and then I asked him if they were to be sold; he told me, yes; I asked him what he asked for the black one, he asked me a guinea for it; I told him I would give him eighteen shillings; he said he would not take that, but he would split the difference; I said I would not give him any more, whether I had it or no.

Did you buy it? - Yes; then he said I should have it, and I put it into the stable, and went to the public house and paid him the money.

Did you buy one or two? - Only the black one.

Was the pig you bought the same as the last witness found to be his? - Yes.

Where did he say he got these pigs? - That he had bought them at Uxbridge fair, and sold all but these three the day before.

Did you know him before? - I never saw him before.

How long was you bargaining for these pigs? - About ten or a dozen minutes; and after I paid him, he treated me with a pint of beer; I had another, and I believe we had three.

You are sure this is the same man? - Yes.

How did he come to be taken up? - I took him up myself.

How soon after? - About fifteen days after.

Where did you see him? - He was coming by with a couple more pigs; I happened to be at the public house, and the ostler halloed out, here is a man coming again with two more pigs; I said I did not want no pigs: when the man came up to me, he asked me if I would buy a couple of pigs; I asked him what he asked, and he said 16 s. a piece; he went to the public house, and set himself down, and then I said to him, it is my opinion you was here about a fortnight or three weeks ago; yes, he said he was.

Did you stop him? - Yes; I had him up to one Mr. Lambe at East Acton.

WILLIAM KEEVE < no role > sworn.

Where did you get the two pigs that Jarvis found at your house? - As I was standing about two hundred yards from my own door, I sees a man coming with three pigs, at a little distance; I halloes out, Farmer, are you going to sell those pigs? he did not seem to hear me, but passed on; in about half an hour afterwards, as I was coming home, I saw him with two pigs, a sow pig and a boar pig, talking with five or six neighbours, and drinking at the public house, he had sold one of the pigs.

Who bought it? - Grimsdale had bought one; I asked him if he would sell the boar pig alone, he said he would not sell it alone; I then told him I would give him thirty-four shillings for them both, he said he would not sell them at that price, but at last he agreed to take the money, and they were drove into my yard.

You bought them? - Yes.

Are you sure this is the same man? - Yes.

Now were those pigs you bought the same pigs that were found by Jarvis at your house? - Yes.

PRISONER's DEFENCE.

I very often goes to fairs and markets to buy pigs; I bought those pigs at Uxbridge fair, and as I was coming home by Turnham Green, Keves asked me if I would sell them, I said yes; I kept on a little further, and Grimsdale asked me if I would sell one; I asked him a guinea for it, and he said he would give me eighteen shillings; I told him I could not take it, at last we agreed, and he paid me the money.

Court. Have you any witnesses to prove where you were, or any body to your character?

Prisoner. I have nobody here to day, I had some here yesterday, but they are gone.

To Jarvis. Is there any body here who bred the pigs?

Jarvis. Yes; the man is here who bred them.

Did he see the pigs afterwards at Keves's and Grimsdale's? - Yes.

Court. Then let him stand up.

TROUT sworn.

Did you go with Mr. Jarvis after the pigs? - Yes.

Do you know the pigs you lost? - Yes.

How long have you known them? - Ever since they were pigs.

Do you know them by the marks? - Yes.

Where were the pigs found? - At Turnham Green, at Mr. Keves's and Grimsdale's.

Were they the same pigs that Jarvis lost? Yes.

Are you sure of it? - Yes.

Have you any doubt at all about it? - None.

GUILTY .

Tried by the Second Middlesex Jury before Mr. RECORDER.

( To be confined to hard labour for twelve Months in the house of correction .)