462. JOHN DELOVE proceedingsdefend was indicted for feloniously stealing, on the 21st day of May , one gelding price 5 l. the droperty of John Spiers proceedingsvictim .

JOHN SPIERS < no role > sworn.

I live at Turnham-Green, I am a gardener , I bring my things to town, I keep a cart, I lost a gelding from Stamford Brook in Chiswick parish , my horse was at grass there, it was put in the field on Friday se'nnight about eight, and missed the next morning, I heard of it again on Saturday morning; I went to town and gave information that it was lost, on the Monday morning I went to Mr. Smith's, and I received intelligence from Thomas Isaacs < no role > , and found my gelding in a stable, I have had him about four months or something better, I gave 5 l. and a crown for him, I can swear it was my horse.

THOMAS ISAACS < no role > sworn.

On Saturday the 20th of this month, the prosecutor came to Mr. Blackborrow's office to lay an information that he had lost a horse, he described the horse, I went myself to Mr. Spiers's house as soon as I found the horse, which I did at Mr. Smith's house; returning to town I met Mr. Spiers and his man, I called to him and told him I had found his horse I believed, he immediately sent his own man back with me, and he identified the horse, that man is not here; on the Monday I went with Mr. Spiers, then he challenged the horse.

THOMAS SMITH < no role > sworn.

I live in Cold Bath Fields, the prisoner came to me about eight on Saturday morning, I never saw him before in my life, when he first came he asked for Mr. Smith, I went and asked him his business, he said he was informed I wanted to buy a horse (I often buy horses for my business) I told him I wanted to buy several, he said he had one to sell, he came without a horse; then I asked him where the horse was; he said, he was coming with it to take it to the horse-killer's to have him killed, and coming along he had spoke to some coachmaster or coachman, and he had asked him to buy it, and the coachman told him it was a pity to have such a horse killed; and I told him that I wanted to buy one, and asked him where the horse was, he said he had put him up at the Black Horse in the Old Bailey; I desired him to fetch it; he said it was put up there for a shilling, and he could not get it away without the shilling, I lent him a shilling.

Did not you suspect him? - Not till the horse came, I sent my man with him, and my man and he came together with the horse, I asked him how he came by it, he said it belonged to one Mr. Shaddick of Acton, a farmer, who had sent it by him to be killed, I told him I thought it was a pity the horse should be killed; I asked him what he must have for it; he said he could have 25 s. when it was killed; I told him it was worth more than that, and I begged of him to go to his master, to send a note by him to certify that it was his horse; he left the horse with me and went away, he asked me what I would give for it, and whether it was not worth two guineas.

Was not it worth more? - I do not think it was worth much more; he then left me to go to Acton for liberty to sell it, I took the letter from him, and tried to read it, but I could not, it was so badly written, I told him that was no satisfaction to me, he then said he would take away the horse, I said no; he then said he would go and fetch his master who was in the Haymarket, and he went away, but instead of bringing his master he brought another letter written much better, I am sure the prisoner is the man that came to me.

Prisoner. I was never out of the country before, I have no friend on this side the world, I was born and bred at Farmberg, in Berkshire.

Court to prosecutor. Did you know him before? - Never.

Court to prisoner. What are you? - A labouring man; as I was coming out of the country I came to Turnham-green, it was ten at night, I asked a man to tell me of a place to lay down, and he took me to a barn and shewed me some clean straw to lay down on, and he left me there a considerable time; then he came and took me out, he had this horse, and he told me to sell it.

Court to the prisoner's brother. What way of life is your brother in? - A carter , he was out of work, I did not come to town with him, I came on purpose on this trial, he has a mother, he never was in town before to my knowledge.

GUILTY, Death .

He was humbly recommended to mercy by the Jury and Prosecutor .

Tried by the first Middlesex Jury before Mr. Justice WILLES.