32. EDWARD GARTH proceedingsdefend This name instance is in set 309. was indicted for feloniously stealing on the 29th day of October last, two live cows, value 17 l. the property of Thomas Rhodes proceedingsvictim , the younger.

THOMAS RHODES < no role > sworn.

I live at Tottenham Court, just through the turnpike, I am a cow-keeper , I am in business for myself; I lost two cows, I never missed them till accidentally coming along Monmouth-street I saw one of my beasts in a drove, I challenged the drover, he said he had bought them of Mr. Chapman, salesman in Smithfield, a person I very well know; the drover said he was going to take it to Mr. Wright's in St. James's; I desired him to make my compliments to his master, and tell him not to kill it till I saw Mr. Chapman; when I came to Smithfield I saw another of my cows in Mr. Chapman's custody, and he told me they were brought to him by a person in the name of Hamilton, I saw the cows on Thursday following.

Were they in milk? - No, they were what we call inter beast.

Were they going in the field? - They laid down in the fields, they laid down there a good while, we lay a quantity there, I saw them all safe in particular on Thursday morning; as I knew I should not see them on Friday, I made it my business to see them on Thursday.

Mr. Peatt, Prisoner's Council. You say you had not seen these cows since Thursday morning? - No.

How long have you had them? - I cannot say, we change our beast about from year to year, I have a great many, my father is a cowman; they do not feed together, we know them all be the colour what they will, I found the prisoner at the King's Head in Smithfield.

Was you ever mistaken in a cow? - I should know it if it was a thousand miles off, in the midst of a thousand beast.

Court. Are you perfectly sure these were your cows? - Yes, I have not the smallest doubt about them, I know them all by their colour, nothing more, and one of these cows is a particular grey one.

WILLIAM CHAPMAN < no role > sworn.

I know the prisoner, I have seen him before; on the 29th of October last on the Friday morning, as I was going to Smithfield about half past six, the prisoner came, and said he had brought two cows for me to sell, he said he brought them from Mr. Hamilton, of Holloway or Highgate, I am not sure which, I looked at them, and booked them in that name, the name of Hamilton.

Court. Was there a Mr. Hamilton at Holloway that you knew? - No, I do not know any such name.

Court. You did not buy the cows? - No, my Lord.

Did you sell either of them? - I sold one of them.

Did you receive the money for it? - No, I sold it to a Mr. Wright, of St. James's-market, a person I am very intimate with, and he had not paid me.

Did you pay the prisoner for that? - No.

Did you acquaint him that you had sold it? - I never saw him from the time he delivered me the cow, when he spoke to me, till he was taken, which was about twelve o'clock.

Before that, Mr. Rhodes came to you? - Yes, Mr. Rhodes came about twelve, and said that is my cow stands there, how came you by it; I told him a young man had brought them to me in the morning, and said he brought them from Mr. Hamilton, of Holloway, that he left the cows with me, and was gone away somewhere, I did not know where; when the prisoner was taken up I was present.

What did he say? - He said little or nothing to Mr. Rhodes, till he came before the Justice, then he said he bought them.

Did he give any account of the person of whom he had bought them? - No, I do not remember.

PRISONER's DEFENCE.

I was paid for driving these cows to market, by one Hamilton of Highgate, he told me he was going into town, and desired me to sell them, accordingly I gave them to Mr. Chapman, and desired him to sell them, and I went into the King's-head, and had a pint of beer, and they came and took me up, I have several times carried cows to Mr. Chapman.

Court to Chapman. Had you ever any dealings with the prisoner before? - None, to my knowledge; I find since, he lived with a Mr. Herring, and he sent three or four to me to sell, and I have mentioned him to Mr. Herring, and he gave him a very good character; Mr. Herring lives just by Hampstead.

Court to Prisoner. Did you send to Mr. Herring? - Yes, Sir, he was here four days past, he was here till eleven o'clock last night, my witnesses were all here this morning, they are all over at the public house.

Mr. Chapman. I did not see him drive them into the market.

You did not know how they came into the market? - No.

ROBERT - sworn.

I was watchman at the small-pox hospital, by the turnpike, Cold-bath-fields, on the 29th of October, on Friday morning, between five and six, I saw the prisoner come through the turnpike with two cows, one cow was a grey cow, the other was a dark mottled cow, it was light enough for me to discern the colour of his coat, and his face, and his hair, he came very close to me, I never saw him before.

Do cows coming from Hampstead-road come through that turnpike? - It is the road from Kentish-town.

Court to Rhodes. Where were your cattle on Thursday last? - In the fields by the half-way house, it was in the forenoon.

JOHN REDMAN < no role > sworn.

I am a victualler in Tavistock-row, Covent-garden, I have known the prisoner fourteen years, I knew him to be an honest, hard-working lad, I never heard any thing else of him before, he bore a general good character.

MICHAEL REDMAN < no role > sworn.

I am a milkman, I have known him a year and a half, his general character is an honest, hard-working lad, he worked for bricklayers; I got him into Mr. Herring's, and I was bail to Mr. Herring for his honesty.

Court. Would you, if he was discharged, take him into your service? - Yes, I would, I never knew any thing of him but honesty, he behaved well.

The prisoner called two more witnesses, who all gave him a very good character.

GUILTY .

He was humbly recommended to mercy by the Jury.

Tried by the first Middlesex Jury before Lord LOUGHBOROUGH.

[Death. See summary.]