330. WILLIAM PIRTON proceedingsdefend was indicted for feloniously stealing, on the 4th day of April , one brown gelding, value 40 s. the property of Alexander Drury proceedingsvictim Esq.

(The case opened by Mr. Schoen.)

JAMES OWEN < no role > sworn.

I am a labourer; I sell apples, greens, fish and fowl; I know the prisoner, I wasin company with him at the Bull at Barnett, on the 3d of April; I had just bought a horse, and he said he could help me to many a bargain, I asked him what; he said a man had a horse to sell, and I forgot you; the same man has another horse to sell, and I will speak for you, and he told me he thought the man did not come honestly by it; I went and took a friend with me to see if the man was there; he said he would be drinking in the neighbourhood; I went with my friend to the King of Prussia's Head, and the prisoner came, and had some beer with us; he said the man was not come, but if I would come the next morning at nine to the same house, he would shew me where the horse was; I came twenty minutes before nine; I was to forfeit a pot of beer if I did not come at the time; the first word he said was, by G - d you have lost the pot of beer, you have not come to time; I said, I would be d - d if I had not; he said then stop, I will go with you, and shew you the horse; he took me to Hadley Common < no role > , down in a valley, and shewed me two geldings, one a brown, and the other a bay; he told me it was the brown one; I asked him whether he was found or no; he said yes, he had rode him many a time; after he had shewn me the horse, I asked him the price of it; he said four pounds ten shillings; I told him I would have nothing to do with him or his horse either at that price; I walked away about three hundred yards till I got into the road again; he said let us go and have some beer; says I, let us go to Gibbs's; no, says he, we will go the back way to the two Brewers, so we went the back way over a plowed field to the two Brewers, and had three pints of beer, and he told me going along not to say anything about the horse at the time we were there; after drinking the beer, I went away, and agreed for four guineas, and I gave him no earnest just then; but after we had got out of the house, before we had got through the garden, he said it was a customary thing to give earnest for a horse, and I gave him a shilling; at the next alehouse we came to, I said will you have another pint of beer, and he said with all his heart, he would be one pint with me, and he changed the shilling; then I asked him what time this horse was to be delivered; he said he could not deliver it till eight at night; I asked him where I should pay the money; says he, where you think best; says I, suppose we go to the Harrow; I said I would meet him there, and pay him the money, with that he wished me a good morning; with that, I went back and acquainted the landlord, and several more of the neighbours; at one o'clock I met him again, and I took a man along with me to shew him the colour of the horse; he met me, and said has that man been with you; I said no, I had been looking after a cow; says he, I have altered my mind, I will not go into any public house to receive any money, but says he, mind and bring the money to me, and I will deliver the horse to you by the tabernacle just going into the town, so I took these two men along with me to take him into custody; when he came with the horse, I was drinking at the White Bear; he came further than he agreed to, galloping up to meet me; it was about a quarter past eight, as near as I can guess; I asked him what he had done with the horse; he said he would be there in less than ten minutes; he was there, and this gentleman took him into custody.

Mr. Knowlys, Prisoner's Counsel. You was drinking with this man the prisoner? - Yes.

Then you had a conversation about a horse? - Yes.

As soon as this conversation began about the horse, he let you into the secret that it was not honestly come by? - Yes.

You immediately agreed to buy it? - Yes, to be sure I did.

After he had told you that the horse was not honestly come by, after you received that intimation, you agreed to purchase the horse? - Yes, I did.

How long have you been accustomed tobuy such horses? - I thought it was my duty to get at the knowledge where the man was.

Then you bound the bargain, and gave him earnest for it? - I thought it was a duty to bring the man to justice, he would not have brought the horse, provided I did not give him the earnest.

Then you wanted him to commit a felony? - No, I saw the horse at large at Hadley Common < no role > ; the horse fed there.

What are you? - I am a higler.

How long have carried on that trade at Barnett? - I have been twenty-five years in Finchley and Barnett.

Have you never been in any scrapes about purchasing things not honestly come by? - Never.

Nor never tried at Hicks's Hall? - I never was at Hicks's Hall.

Have you never been tried any where else? - I never was tried any where.

Have you never said this, that you was very glad now you had got an opportunity of routing this man out of the town? - I never said so to anybody.

Have you never said so? - No, I never did say so, the man never did me any injury.

Did you never say so to Gates the constable? - I never did.

Will you swear that? - I never did.

You refused to purchase it at four pounds ten shillings? - I thought to the best of my knowledge it was not worth more than four guineas.

Why could not you as well agree to give him the whole four pounds ten shillings as four guineas, if you did not mean to make a bargain with him? - A man may make a bargain; he told me it was another man's property, and he thought it was not honestly come by.

If it was your only motive to bring the man to justice, why not agree for four pounds ten shillings, for you never intended to give him any money? - I had the money to pay for it, provided it was honestly come by; if I had not agreed for the money, he would never have brought the horse.

Did you intend to buy the horse? - Yes, if it was honestly come by.

Mr. Schoen. Did I understand you right in your first examination, that you told people of this before you bound the bargain with the shilling, and before you bid four guineas? - Yes, the night before, the Tuesday night, before I gave any money, and before I saw the horse; it was a brown gelding, the inner leg white behind, a star in his forehead, a brown muzzle, and grey about his eye brows.

JOHN GRANT < no role > sworn.

I am a sheriff's officer; I was in company with Owen, on the 5th of April, if I am not mistaken, I was at the Mermaid, at Barnett; and Owen told me that he had a horse that he had bought, which he suspected was stolen, and if I would go with him, I should find the man and horse at the White Bear, Barnett; I went there and found them; I took the prisoner to the Mermaid, I had him in custody some time; when he found I insisted on taking him before the Justice, he said, I hope you will not hurt me, and I will tell you the whole truth; I did not give him any answer to that.

Were there any promises made to him to tell the truth? - No, he said in the Mermaid that he had stolen the horse; he said it was a horse that had been straying on the common a year or two, and he thought it was no use to the gentleman, and he thought he would take him off the common to sell for three or four pounds, to set him up in some thing.

Mr. Knowlys. Was what he said taken down in writing? - I do not know; I did not see see the clerk writing; I do not think he did sign any confession before the Justice.

Court. Is there any confession?

Mr. Knapp. No.

Mr. Schoen. You saw the horse? - Yes, it was the same horse I took down to theMitre; I had him in possession the whole time, and the same horse Colonel Drury < no role > swore to the next day.

Mr. Knowlys. What time of night was this? - About half after eight.

Was it dark? - Yes.

Your business was to take care of the person that was given to you by Owen? - Yes.

Who put the horse into the stable? - I did, and I put the prisoner into the hands of the constable.

Where was this that you took the horse? - I took it down to the Mermaid; I slept there that night; after putting him in the stable, I took no more care of him; I saw him locked up safe, and the same horse was there in the morning upon my oath.

JAMES GATES < no role > sworn.

I was with Owen and Grant at this time, and James Owen < no role > says to me, I am informed this Pirdon has stole a horse, I do not think he has come honestly by him, I wish you would go with me; I went with him, and laid hold of him with the horse in his hand; when James Owen < no role > was going to pay him the money, says I, William, this never can be your property; says he, it is my property; no, says I, it cannot be; I gave Grant < no role > the horse, and took care of the prisoner.

Did you examine the horse? - Yes, I know it to be the same horse.

Court to Owen. Was this horse that Colonel Drury afterwards swore to be his, the same horse that had been shewn to you by the prisoner, and the same horse that he came galloping up to you upon? - Yes.

COLONEL DRURY sworn.

I did not know that the horse was stolen till Grant and Owen came to me to tell me they had taken up this man; the next morning I saw him.

Have you any doubt that it is your own horse? - Not in the least.

You are perfectly clear in it? - Yes.

PRISONER's DEFENCE.

I never took any money of him, no a farthing in the world; he never offered me any money, not a halfpenny, we never agreed for any price; I was coming from the Green Man to the White Bear; it is not above one hundred and fifty yards apart; I have lived in the Parish about thirty-five or thirty-six years; I have a wife and five children; I was going down to my sister; I caught this horse with a halter on his neck; I said to my people, this horse has flung his rider; I tied the horse to the rail opposite to the White Bear; this man came up, and asked me whose horse it was; I said it was Colonel Drury < no role > 's horse; they said I had offered it for sale; I said I had not; I told Mr. Grant and Gates immediately as they came up that it was Colonel Drury < no role > 's horse.

Court to Grant and Gates. Did he tell you so? - Not till after we had had him to the Mermaid for some time.

The prisoner called one witness, who gave him a very good character.

GUILTY , Death .

He was humbly recommended to mercy by the Prosecutor.

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