330. THOMAS DICKSON proceedingsdefend was indicted for feloniously stealing, on the 26th of February last, one black gelding, value 10 l. the property of Robert Moffatt proceedingsvictim .

ROBERT MOFFATT < no role > sworn.

I am a coach-master : I lost a black gelding the 26th of February last, from Smithfield , in the street, to be sold; the prisoner brought it out of the stable, to look at it; the prisoner had the possession of it; I paid ten pounds for it; I bought it of the prisoner.

Did you pay the money for him? - Yes, I did, at the publick-house.

Was the horse delivered to you? - Yes.

How did you lose it afterwards? - I went across the market a little way, and the young man had hold of him that was with me; and we went to the publick-house, and there we found the man that I bought him of, and I demanded my money again; the prisoner got on the horse, and he kept whipping the young man that had hold of this horse; and he whipped him once or twice, and hit him over his back and his hand; the young man's name is Aaron Law < no role > .

AARON LAW < no role > sworn.

I was with the prosecutor. I saw the horse bought, and the money paid: I took possession of the horse: a young man belonging to the party came up, and said, you have bought a glandered horse; he went down to Dickson, and what passed between them, I cannot say; Dickson came out, and put a guinea into the prosecutor's hand, and got on the horse; I would not let the horse go; and the prisoner struck me over the back and hand, and another young man cut me over the legs; and the prisoner rode the horse away: I never knew the prisoner before.

PRISONER's DEFENCE.

This gentleman came to me and asked me the price of the horse; I told him fifteen guineas; says he, that is too much? no, it is not, says I; says he, is he found? I said, yes; he offered me ten pounds; I sold him the horse at ten pounds; a little while after he came to me, and said, you must take this horse back again, for it is not found, and I shall sue you for the money; says I, I have nothing to do with it, it is the property of a man in the country; there is a guinea in part of payment: thatgentleman's nephew gave the horse into my hands; I repeated it over several times, says I, if you will give me my guinea, I will give you the horse, and he would not.

Aaron Law < no role > . No payment was offered; he ran away with horse, and money and all.

GUILTY , Death .

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