Q. What quantity - A. About forty, we considered them that they were joint property. I paid for the sheep, and since then General Wigan and I have had no settlement; I purchased them with that view; I lost them in August, 1813. I know no more than my man stating to me that eleven were lost the following morning.
WILLIAM TAMBAY . I am an apprentice to an auctioneer. On Monday, the 23rd of August, 1813, I was standing opposite Mr. Fisher's field, at half past seven, two men came to me, and asked me whose sheep they were; I told them. They told me they were going to take twelve out the next morning. I told Mr. Eland of it, a sheep salesman, in Smithfield market. On the next morning I saw them take them; the prisoner is one of the two men, I am sure of that.
GEORGE PARRETT . I am a butcher. On Monday evening, the 23rd of August, John Snow brought me eleven sheep to kill for him; the prisoner was in company with him; the prisoner never claimed right to the sheep. John Snow claimed the sheep; I killed the sheep for Snow; the carcases were carried to Newgate market; John Snow brought the sheep.
Q. Was any body else in company with Snow and the sheep - A. Yes, the prisoner.
Q. You did not say so before the magistrate? Before the magistrate you said, you knew not whether any one else was with him - A. On Wednesday morning Snow called for the sheep, and took them away.
NOT GUILTY .
Second Middlesex Jury, before Mr. Recorder.