407. THOMAS WILSON proceedingsdefend was indicted for feloniously stealing, on the 29th of May , a mare, value 3l. the property of Huet Johnson proceedingsvictim .

WILLIAM COOK < no role > sworn. - I am a labourer, at Hampstead: The mare was brought to me to take care of, by Mr. Johnson; I kept her at the Vale of Health, Hampstead , I had kept her near three months; the last time that I saw her was on Monday the 28th of May, between eight and nine in the evening; she generally came home of an evening, and the next evening, Tuesday, she was missing; I saw her at Mr. Francis's house, a cow-keeper, in Tottenham-court-road, on Tuesday following, about ten o'clock in the morning, in the care of Mr. Crocker; I knew her again directly, she was a kind of sorrel colour; she was no way remarkable, but I have no doubt of her being the same mare; she was bred at Hampstead.

Q. Then you had known her some time? - A. Yes; she was brought from there down to Bow-street; I am sure she is the same mare.

Q. Is Huet Johnson here? - A. No.

EDWARD CROCKER < no role > sworn. - I am the son of Henry Crocker < no role > , one of the patrols belonging to Bow-street; On the morning of the 29th of May, a little before one o'clock, I was standing at the turnpike-gate, in Tottenham-court-road, in the Hampstead-road, I observed the prisoner at the bar leading a horse towards London, it was just light enough to discover him; I went on to the turnpike-gate, seeing he wanted to go through without the turnpike-man getting up, and I knocked the turnpike-man up; he got up, and the prisoner asked him what the toll was; he said, three halfpence; he said, he had got but a halfpenny, which he held up; I then said to him, whose mare is this, for I know the mare somewhere; he said, he had brought her from the fair; I then asked him who his master was; he said his master's name was Waterman; he said to me, I dare say you know two or three of that name; he said he lived no great way from Highgate; he then said to the turnpike-man, I will go back and get some more money, he turned the horse round and away he went. I went up to my father, who was just coming off duty, and told him what I had seen, and he came down with me towards the turnpike, and we met him on this side the gate coming to town; he had not come through the gate, he had got round by some houses; there was a woman on the mare, and the prisoner was leading her; we then took him to the watch-house; this is part of the halter he was leading the mare with, (producing it); we took the mare to Mr. Francis's, about three o'clock in the morning. On the Tuesday following, I had got the mare out giving her some water, and Mr. Cook saw it.

Q. Are you sure that the mare you took from the prisoner was the mare that Mr. Cook saw a week after? - A. I am perfectly sure of it; he immediately owned her; Mr. Johnson has got the mare now at Hampstead.

Q. Do you know why Mr. Johnson is not here? - A. I cannot say.

Q.(To Cook.) What is the value of this mare? - A. About three or four pounds.

The prisoner did not say any thing in his defence.

NOT GUILTY .

Tried by the first Middlesex Jury, before Mr. RECORDER.