2. JOHN CORNISH proceedingsdefend was indicted for that he, on the 23d of November , a mare, of the price of 5l. the goods and chattels of Thomas Wells proceedingsvictim , in a garden ground belonging to the same, unlawfully, wilfully, feloniously, and maliciously, did maim and wound, to the great hurt and damage of the said Thomas Wells < no role > .

THOMAS WELLS < no role > sworn.

I live at Chiswick ; I have a garden ground; I had a mare in the dung cartin the garden, drawing; I did not see the transaction, it was between one and two on a Saturday the 23d of November, the prisoner worked for me near four months, at this time he worked for me, he drove the horse; I was sowing pease in a ground some distance from this garden; the man came to me, and said, master, what are we to do with this old mare? says I, what is the matter? he directly made answer and said, her tongue has dropped out; I said it is an odd circumstance her tongue dropping out; did you ever know that her tongue was rotten? he said, he never did; it struck me she might have a canker in her tongue, and we not know it; I went to the garden, and see the tongue lay on the ground; I took up the tongue and looked at it, and said it was perfectly sound, how could it come out? he said he thought she might bite it out; I looked at the mare and said to him, you have been beating this mare about the head, for one of her eyes are down; I told him then to take it home. I live about a mile and a half from the ground where it was done.

A WITNESS sworn.

I do not work for the prosecutor, I was going up a Lane, at the Heath; I heard the noise of a horse and cart shooting a load of dung, I looked over into the ground and I saw the prisoner he was driving the cart with this mare in it, I saw him have hold of the horses halter in one hand, and the butt end of the whip in other, and punching her about the head, and about the third or fourth blow the horse's tongue flew out of its mouth, the horse fell back then with the violence of the blow, with her two bind legs under her.

Q. Did you observe any thing about her mouth at that time? - No, but his hand came away all over bloody from the horse's head, he stooped down then and picked up the tongue, and wiped it, and then turned his back towards us.

Q. Did you go up and say any thing to him? - No. He stood some short time with his back towards us, and then he took up the tongue and looked at it, and carelessly threw it down among the brockery and gooseberry bushes again.

Q. Then you made no observation about the mouth? - No.

SARAH - sworn.

This man and I were going through the Lane, we heard the noise of a horse and cart shooting dung, we looked over and saw this man, he had the halter in one hand, and the butt end of the whip in the other, punching the horse's head and mouth, the third or fourth blow the horse's tongue flew out of her mouth several yards, and the horse dropped down with her two bind legs under her with the violence of the blow; his hand came from her mouth all over blood, the hand that was holding of the whip.

Q. Did you say any thing to him? - Not a word.

Q. Had you known the prisoner before? - Yes, I had worked with him.

Q. Did you observe any thing further? - He picked up some long dung and stuff, and whiped his hand; he then turned his back to us and did something with a silk handkerchief, and then picked up the tongue and looked at it, and threw it down among some brockery and gooseberry bushes.

Prisoner. I was drawing a load of dung over two more loads of dung, the horse had almost winded itself, and fell back, and for fear she should lose her wind, I went and catched hold of her reins, and gave her a slap on the nose to keep her wind.

Jury to the last Witness. Which way did the tongue fall, towards the man or from the man? - From the man.

Q. Did you observe the whip goinginto the mare's mouth? - I did not, but his hand that came from her mouth was bloody.

Q. You did not see the hand in the mouth of the mare? - No, only the whip in his hand.

Not GUILTY .

Tried by the first Middlesex Jury before Mr. Baron PERRYN.