30th April 1794
Reference Numbert17940430-3
VerdictNot Guilty

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232. JOSEPH CHALK otherwise WALLING and THOMAS SMART , was indicted for stealing, on the 28th of October , a bay gelding, price 10l. the goods of James Moss .


I lost a horse the latter end of October, I cannot exactly ascertain the day, it was lost from Kilburn , I was out of town at the time, it was a bay horse, sixteen years old, fourteen hands three inches high.

Q. Have you recovered the horse? - I have, I recovered it about the middle of February, the 20th or 21st of February, it was at a livery stable near Ratcliff-highway, I went there in consequence of an advertisement I observed in the paper.

Mr. Knapp. I believe you never before the magistrate, or at any other time, attempted to identify your horse? - Yes, I did before the magistrate.

Q. Did you know the prisoner at the bar? - No, never in my life before.

Q. Perhaps you have heard that he is a horse dealer ? - I think it was mentioned before the magistrate.

Q. Your horse was lost in October? - It was

Q. When was the prisoner apprehended? - I saw the horse advertised the 13th of February.

Q. Then from October till the 13th of February, the prisoner at the bar was at large? - I cannot say any thing to that.


The horse was sent to my mistress, to Kilburn, to grass.

Q. Who was it taken by? - By Mr. Moss I believe.

Q. Do you recollect when the horse was taken from grass? - About the 28th of October I missed him.

Q. How lately had you seen it before you missed it? - The night before I missed it on the morning.

Q. When did you see it again? - About four or five months afterwards I saw it at Shadwell.

Q. Did you make any enquiry, or do you know of your own mistress making any enquiry after the horse, after it was missing? - Yes, we put out hand bills, it was a dark bay horse, fourteen hands high, a swiss tail, with a blaze down the face.


I went to the livery stables in Back-lane, to prove the horse to be Mr. Moss's property, sometime in February, and I found this horse there.

Q. Whose livery stables were it you found it at? - I really cannot tell, it was just by the turnpike in Back-lane.


I know no more than the prisoner at the bar, Chalk, and that lad, Smart, brought four horses to my stable, the sign of the City Arms, at the top of London-street, Ratcliff; on the 6th of February last, they brought them for sale, and exposed them for sale at different times in public, in the street.

Q. Was you ever acquainted with the man before? - About a week before he came to me to know whether I could accommodate him with stabling for four or five horses? I told him yes.

Q. Was Mr. Moss's horse one of them? - It was.

Mr. Knapp. You say you did not know the prisoner before? - No.

Q. You have heard that he was a horse dealer? - Yes.

Q. He put the horses into your yard to be sold publickly? - Yes.

Q. He did not attempt to secret them? - Not at all.


On the 11th of February I received an information against the prisoner at the bar, and me and Mayne went down to the City Arms, the corner of London-street, and apprehended the prisoners.

Both not GUILTY .

Tried by the second Middlesex Jury before Mr. Baron HOTHAM.

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