THOMAS FOX.
4th April 1779
Reference Numbert17790404-18
VerdictGuilty
SentenceDeath

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206. THOMAS FOX was indicted for stealing a mare, value 8 l. the property of William Hand , June 29 .

WILLIAM HAND sworn.

I live at Preston Cape, in Northamptonshire .

I lost a roan mare, between the sixth and seventh of last June, out of my grounds, and likewise a saddle out of the cowhouse. I found them at Kilbourn-wells, in Mr. Harrington's possession, about six weeks after I lost it.

What sort of a mare was it? - A roan mare about six years old; I bred her. I found the saddle in Hungerford-market, at one Mr. Bryant's, a butcher.

Is he here? - I believe not; I know nothing of the man, I never saw him but twice in my life, and then he was naked, fighting.

WILLIAM CARR sworn.

On the 29th of June, a gentleman riding by Kilbourn-wells, stopped to have some brandy. The prisoner was at the door; Mr. Harrington said if I would buy that mare for him, which the prisoner was offering to sale, he would be obliged to me (for the prisoner was not inclined to sell it to him) if I could get it for seven or eight guineas. I bought it for him of the prisoner; he said his name was Thomas Fox , that he lived at Banbury in Oxfordshire, that his father kept a publick-house there, and that he bred the mare. I am sure the prisoner is the man.

JOSEPH HARRINGTON sworn.

I keep the Kilbourn-wells. On the 29th of June, about six o'clock in the morning, when I came down, the mare was at my door; the prisoner was drinking with some others; he was offering the mare to sale; he asked twelve guineas for her; I had seen her several days on the common. The mare had a sprain in her leg; the prisoner said he had put a rope round her neck and tied it to her leg, by which means she got the sprain. I said twelve guineas was too much for her; he said he would not sell her to me. I desired Mr. Carr to look at the mare and buy her for me; he agreed for eight guineas; I paid the eight guineas. That is the mare the prosecutor claims.

PRISONER's DEFENCE.

I was at day-work at Clapham. A man left a mare there, and desired me to take it to Smithfield and sell it for him. A gentleman asked me whose mare it was, I said it was none of mine, but it was to sell. I said the price was twelve guineas, he bid me eight guineas; I turned it away. I asked the young man if he would take the eight guineas; he said he would, and I took the eight guineas directly. He wanted me to turn king's evidence, when they found I did not belong to the mare.

GUILTY Death .

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


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