THOMAS FOX.
4th April 1779
Reference Numbert17790404-17
VerdictGuilty
SentenceDeath

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205. THOMAS FOX was indicted for stealing a mare, value 5 l. the property of Richard Clewin , Sept. 4th .

RICHARD CLEWIN sworn.

I live at Hendon (No. 3). I lost my mare the fourth of September last, from Dow-street . I saw her in the evening of the fourth with a lock and chain on her foot, which I have in my pocket now. I missed her on Saturday morning the fifth.

Were the lock and key gone too? - It was lost; my man found it in the field, as he was hedging, about a month ago. The horse was an iron grey, six years old, marked R. C. on the near nostril; a brown mane and tail. I had her about three years. I found her at a place called Gilded Moreton, in Cambridgeshire, in the possession of Thomas Fox .

When did you find her? - On Sunday se'nnight, the 13th, after I lost her.

Tell us how it happened. - A man came from Hatfield, in Hertfordshire, and gave me intelligence of her. I set out after her, and pursued the prisoner to Gilded Moreton; it was about eleven o'clock at night when we got to the place where he was.

What inn was it? - I do not know the sign. Mr. Pack saw him go out of Hatfield with the mare just before I came there.

Did you know any thing of the prisoner before? - Yes; three or four years before. I tapped him on the shoulder. As soon as he got out of the reach of my arm he said, you be d - ned; he jumped over the stile, and got out of my reach. I went into the house, and said, I believed they had a mare of mine

there. I desired them to get a light; they brought a candle; when they came into the yard they blowed the candle out; they went and lighted it again, and then when they were in the yard they blowed it out again; they did so a third time; then the man that was with me took the candle out of the person's hand, and went and lighted it himself. I saw the mare, and knew it was mine. Mr. Pack pursued him, and took him th e next day.

- PACK sworn.

I live at Ashwell, in Hertfordshire. I am a smith; the prisoner brought me an iron-grey mare to shoe on the Sunday.

Are you sure the prisoner is the man? - Yes. I did not shoe her by reason it was Sunday. He went out towards Cambridgeshire. There I found him.

How did you know he went to Cambridgeshire? - Because he used to go that way.

You saw the mare at Gilded Moreton? - Yes.

Was it the same mare? - Yes.

Did you see the man there? - Yes; I drank with him; it was the same man.

WILLIAM LEPER sworn.

I live at Mill-hill. Last September a man, by the name of Shaw, came from Ashwell, and said Fox had got a grey mare. I asked him how long he had had it; he said he saw him with it a week before. I went and told Mr. Clewin. I pursued him with Mr. Clewin, and found him and the mare at Gilded Moreton.

Pack. I went after him the next day, and found him at half past five in the evening at St. Neot's in Huntingdonshire.

- GOODCHILD sworn.

I assisted Mr. Pack in taking the man.

ELIZABETH HINTON sworn.

I live in Sander's-lane, about a mile and a quarter from Hendon. I saw him go by my house, about four o'clock in the afternoon. I saw him go by again about eight o'clock at night with a mare.

Who was the man that went by with the mare. - Mr. Fox; it was on a Friday night, about five weeks before last Michaelmas.

Old or new Michaelmas? - New Michaelmas.

What month was it? - I do not know.

Did you know the prisoner before? - Not before that afternoon; seeing him twice before I knew him again.

Had you heard at that time Mr. Clewin had lost his mare? - Yes; that made me tell Mr. Clewin's people of it.

How soon after it? - The next day.

PRISONER's DEFENCE.

I harvested at Ashwell. I went down into the fens. I was there a week. I came back along with the same man he mentions now. I came up to Barnet fair. I saw a gentleman there who had a mare sold to him by somebody; he said I was the man that sold the mare to him. I said I was not the man. He threatened to take me into custody. I was frightened, got from him, and went down into Hertfordshire. I saw a man with two horses, a bridle and saddle. This mare was one of the two horses. A young man asked me to ride. I said I was going to Ashwell. He said he did not know Ashwell, but he knew Great Moreton, and took me to the sign of the Swan, and said, if I staid there he would come to me; they call it Gilded Moreton.

Jury to Mrs. Hinton. What colour was the mare you saw him upon? - A grey mare.

Prisoner. I was at Ashwell at the time the mare was lost; Mr. Pack knows it.

Pack. He worked at the harvest at Ashwell; he did not mind his business; his master turned him away before the 4th of September.

GUILTY Death .

Tried by the First Middlesex Jury before Mr. BARON EYRE .


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