72. JOHN MOORE , alias LOAKES proceedingsdefend , and ROBERT MOORE , alias LOAKES proceedingsdefend , were indicted for feloniously stealing, on the 17th of November , two geldings, value 70 l. the property of Edward Wilkinson proceedingsvictim .

EDWARD WILKINSON < no role > . I am an hackneyman .

Q. In the month of November last, had you any horses grazing at Mr. Froggett's, near Hendon - A. Yes, I had twelve.

Q. On Wednesday, the 10th of November, did you see them all safe - A. It was on the Friday preceding the Wednesday, they were all safe then. I sent for them home on the 17th, only ten were brought home; two bay geldings were missing.

Q. What were the value of them - A. Seventy pounds both. On the 17th I learned two were missing; on the Tuesday following, I received some information from Cambridge of the two bay horses; on the Wednesday, I went to Cambridge; I found my horses; they were brought and delivered back to me.

Q. Were these two geldings that were delivered to you at Cambridge the two geldings you missed - A. They were.

CHARLES ELLIS < no role > . I am a servant to Mr. Froggett. I had the care of Mr. Wilkinson's horses in my master's field. On Tuesday I was in the field.

Q. Were the horses all safe then - A. I did not tell them then. I told them on Monday; they were safe then.

Q. On Tuesday did any thing strike you as wrong - A. No. The gate was shut, a lashing stick was drawed through the staple, and nailed each side of the stick, the gate was fast; on Tuesday morning the horses appeared to be there; I did not count them. On Wednesday, first of all, I looked round the field to see whether the horses were there or not; the horses were all gone, and the gate was open.

Q. How did it appear to you that the gate had been opened - A. The gate could not have been opened without the stick had been broken out; the stick had been fastened with a nail each side. I went all round the field; I could not trace how they got out any where, but at the gateway; it being wet and dirty, there were the marks of their feet at the gateway. I found ten horses in the Edgware-road, in a field about half a mile off; the two geldings I could not find; they were two of the twelve.

WILLIAM NUNN. I am a horse-dealer; I reside at Cambridge.

Q. Were you at Cambridge fair on Saturday the 20th of November last - A. I was not at the fair, it was Cambridge market day; on the market day I saw John Moore < no role > , he came to me and asked me if I had a horse to exchange with him for a bay gelding; he went down to my stables, and looked at a horse that I had there; in the mean time before we went to my stable, he tied up that gelding with my horses; he went and saw my horse. I exchanged a horse of mine for the bay gelding, and I gave a one-pound note, and a shilling to boot; my man took the gelding home.

Q. Did he afterwards propose to you to buy another horse - A. I told him I could not buy it; I had got another, I would exchange with him for it. We exchanged for that, and I gave him five golden guineas, and another horse in exchange for it.

Q. Did you examine these two bay geldings more particularly after you had exchanged - A. I did, after they were cleaned I found them much better horses than those I had exchanged them for; upon that I went in search of the prisoner; I found him at the White Horse, and the younger prisoner at the Bell.

Q. Which of them did you find first - A. The eldest. I found out the youngest at the Bell in Northampton-street; something a friend of mine said to me induced me to think there was another. When I saw the young one, I asked him whether he was waiting for a young man of the name of Loakes; he said he was. I then told him, I had exchanged some horses with him, and I thought they were stolen. The young one went with me to the White Horse, there we found the elder; I told the elder that I had strong suspicion the horses were stolen horses. He gave me the name of John Loakes < no role > ; he made his mark to that name in the receipt of the horses; he told me he lived at Tillbrook, in Bedfordshire. He told me they were Lord St. John's horses; the other horse had a broken leg, and he was to be sold. Then I went with them both to the Mayor; they were both examined separately; they were detained, and the horses were detained.

Q. In consequence of what you learned, did you make any communication to Mr. Wilkinson - A. I did; he came down and swore to the horses; they were delivered to him as his property.

JAMES RICHARDS. Q. In the month of September last, were you a servant to either of the prisoners - A. I was, to John Moore < no role > , the elder; he lived in Mount-row, Islington.

Q. By what name did you know him - A. John Moore; his stables were in Sherborn-lane, in the Back-road, Islington; he was in the horse dealing way.

Q. < no role > Do you remember any bay geldings being brought to his stables on the afternoon of Tuesday the 16th of November - A. I do.

Q. < no role > Who brought them there - A. They both came together.

Q. By both, whom do you mean - A. Both the prisoners at the bar; they did not come in together directly, but afterwards one brought one, and the other the other; the young one brought the other, his name is I Robert Moore; they are brothers to the best of my knowledge. At about six o'clock in the afternoon they brought in the two geldings; I took one of them to be shod at Mr. Balam's, Cross-street,Islington; they were both shod on Wednesday morning, one by Balam, and the other by another person. The horses were taken away on Thursday afternoon, what time I cannot say; I was not at home. I did not see either of them after the Thursday.

Q. Have you since seen these two bay geldings - A. Yes, it was in the second week after they were taken away; I saw them in the custody of Mr. Wilkinson.

Mr. Wilkinson. The two geldings I shewed to the last witness were the two that Mr. Nunn bought of the prisoner.

Mr. Knapp. Q. to Richards. You only took one to be shod - A. No.

Q. When you saw him on the over night in the stable it was dark - A. Yes.

Q. Therefore you had little opportunity of seeing him - A. Yes, I mean to swear to him by the cut of the tail; I assisted in cleaning them.

WILLIAM BALAM < no role > . I am a farrier at Islington.

Q. On the morning of Wednesday, the 17th of November, was a bay gelding brought to you by the last witness to be shod - A. There were several shod at that time.

Q. Was a bay gelding brought to you by the last witness, Richards - A. There was. I have since seen that bay gelding again, Mr. Wilkinson brought it to my shop; it is the one to the best of my knowledge; he had rather particular feet; I believe it to be the same horse, I cannot swear it to be the same. The horse was brought to me to be shod about the middle of November; Mr. Wilkinson brought it about a fortnight afterwards; I think it is the same horse; it is the same colour, and appeared to be the same horse.

Q. to Nunn. What name did the younger prisoner tell you - A. He told me his name was Robert Loakes < no role > .

John Moore < no role > 's Defence. My brother is innocent. Mr. Nunn is wrong to say that I said I came from Tillbrook in Bedfordshire; I told him the horses I had to sell was the property of my uncle, one horse was the property of Lord St. John.

Mr. Nunn. This is the receipt the prisoner signed with his mark.

Robert Moore < no role > said nothing in his defence.

The prisoners called four witnesses, who gave them a good character.

JOHN MOORE < no role > , GUILTY - DEATH aged 24.

ROBERT MOORE, GUILTY - DEATH , aged 17.

First Middlesex jury, before the Lord Chief Baron.