1. ROBERT KNIGHT proceedingsdefend was indicted for feloniously stealing on the 22nd of October , a mare, value 6 l. the property of Roger Morgan proceedingsvictim .

ROGER MORGAN. I live at Badminster, Somerset . I lost the mare on Monday the 19th of October from my own grounds at Badminster. I am a bacon factor . I saw the mare on the Friday following at the Grey-hound in Smithfield market; I went before Mr. alderman Curtis, and swore to my property; I knew her to be my property.

Q. Had she any particular marks. - A. Yes; she had some white down her face; she is a strawberry colour, as they call it in my country, or a roan, and about thirteen hands high. The officer was ordered to let me have her, and I took her home.

Q. Do you know any thing of the prisoner. - A. I never saw the prisoner before he was taken before the magistrate.

Cross-examined by Mr. Knapp. Badminster is a great way from London. - A. It is one hundred and twenty miles.

JAMES NEWMAN < no role > . I live in Hanover-yard, Tottenham Court Road. I am in the horse dealing line.

Q. Do you know any thing about the prisoner at the bar. - A. I have known him about twelve years.

Q. What has been his way of life. - A. He was a fellowship porter at Billingsgate , and he used to be on the turnpike gates taking the toll. I bought the poney of him on Thursday the 22d of October; I was coming out of Oxford-road into Tottenham-court-road; I was riding on a mule. The prisoner called after me; I turned back, and the prisoner came up to me on the poney that I bought of him.

Q. What coloured poney was it. - A. A roan colour, with a white blaze down its face, about twelve hands high; it might be an inch or two more; he asked me to have something to drink; we had a quartern of rum at the Cock public house, Tottenham-court-road, he asked me to buy the poney there, I said I do not know that I shall buy it, I have four by me now, and I have some out to grass, they do not sell very well. I then got upon my mule again and was riding down Tottenham-court-road; facing the Bull's Head in Tottenham-court-road, he said I am going in here for a pair of boots; he told me if I would go into the Bull's Head he would not be gone two minutes.

Q. You went into the Bull's Head. - A. I did; he came to me with the mare, and rode under the gateway into the yard; we had there two pints of beer, and in the mean time he said, Newman, will you buy the mare of me; I asked him what he asked for it, he said will you give me ten pounds for it; I said no, it is a good deal more than its worth; I told him he knew horses at this time of year were very cheap; I said it was not worth any more than six pounds to me; I gave him six pounds, and he gave me a shilling back; I paid for one pint of beer and the prisoner the other; the prisoner rode the mare home to my house and left her there with me, and left a bridle and a saddle. I went with him; he said he would call for the bridle and saddle; he did, and my wife stopped him:

Q. When did he call. - A. On the 31st of October.

Q. In the mean time you heard something about this horse. - A. The very next day after I had it, it was owned in Smithfield market. I was in trouble for a week about this mare. I keep Smithfield market every week.

Q. Then had you gone down with that mare to sell her at Smithfield market - A. Yes, with other horses; I went to Smithfield market on the 23d; the mare was owned that very day by Joseph Broad < no role > .

Q. Upon his owning the mare, what was done with her. - A. The mare was put up at the Greyhound in Smithfield, and I was taken to the Poultry compter.

Q. I suppose you travel over the country. - A. I do, to fairs.

Q. Were you ever in Somersetshire. - A. Never in that part in my life. There is another person that saw me buy it and pay for it.

Cross-examined by Mr. Knapp. You say you have known this young man twelve years. - A. I have.

Q. You knew him in two good situations. - A. I did.

Q. One a fellowship porter, and the other at the turnpike gate. - A. Yes.

Q. I should think a person in those situations, must have a good character. - A. I never heard any thing against him.

Q. What time of the day did you purchase it. - A. About two o'clock in the middle of the day; he told me that he had it of a Welchman at Wayhill fair, in chop for another horse.

JOHN TURNER < no role > . I am clerk under my father-in-law, who is a brick merchant.

Q. Do you remember on the 22nd of October, being present when Newman bought this horse. - A. It was the 22nd, I do not recollect whether October or September; I saw Newman pay six one pound notes to the prisoner, and the prisoner throwed him back a shilling; this was at the Bull's Head, Tottenham Court-road, in the tap room.

Q. You saw nothing of any horse. - A. No, nothing but what I have told you.

JOSEPH BROAD < no role > . I am a publican and fishmonger at Bristol. On the 23d of October, I heard that Mr. Morgan had lost his mare. I went into Smithfield, I was in London; I had a letter from Mr. Morgan's brother in Bristol. I knew the mare very well. When I went into Smithfield I found her in the possession of James Newman < no role > . I asked Newman whether it was his own mare, he said it was, he had purchased her; she had come a hundred miles off a journey.

Q. You said it was Morgan's. - A. Yes.

Q. Now let me ask you whether you are quite clear. that it was Morgan's mare. - A. I was sure of that.

Q. Did you take her. - A. Yes; Newman delivered her into my hands. I sent for Mr. Morgan, he came to town on the Friday following; the mare was put up at the Greyhound in Smithfield; alderman Curtis desired the constable to deliver up the mare to Mr. Morgan; that was done accordingly. I saw the prisoner at the bar at Bow-street on the Saturday, the next day afterMr. Morgan came to town; Morgan went the same evening to Bow-street; the prisoner there said he bought the mare in the Uxbridge Road, he chopped it away for a poor black horse.

Q. to Morgan. You were present when this man was brought to Bow-street. - A. Yes, that was on Saturday, the day after I was before alderman Curtis.

Q. Do you recollect the prisoner at the bar being asked how he came by this mare. - A. He said he bought it on the Uxbridge Road, he chopped away a poor black horse for it.

MARY NEWMAN < no role > . Q. Do you know the prisoner at the bar. - A. Yes, he brought a little roan poney to our house on a Thursday, it remained at our house that night.

Q. We understand that your husband was in trouble about this poney. - A. Yes; I took the prisoner at the White Horse in Hannover-yard, he was coming up to our place for a bridle and saddle he had left.

Q. What day was that. - A. The Saturday week, after the horse was left. The prisoner wanted to get away from me; I held him by the collar till the publican took him in hold, while I went for an officer; the officer came and took him.

CHRISTOPHER JONES < no role > . I am an officer of Bow-street; this woman fetched me from the office to the White Horse in Hannover-yard, there I took the prisoner in custody. I knew Newman was in trouble; I told the prisoner I took him in custody for horse stealing; he said he sold this mare to Newman, he had rapped another horse away for it; the road he did not tell me. He said he went after the bridle and saddle, and Mrs. Newman stopped him.

Prisoner's Defence. I chopped another horse for that horse within ten mile of London, and I gave two guineas to boot.

The prisoner called five witnesses, who gave him a good character.

NOT GUILTY .

First Middlesex jury, before Mr. Baron Graham.