6th December 1827
Reference Numbert18271206-45
VerdictNot Guilty

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45. WILLIAM CUTTS was indicted for stealing, on the 8th of April , 1 gelding, price 50l. , the property of James Abraham Richmond .

MR. ADOLPHUS conducted the prosecution.

JAMES ABRAHAM RICHMOND. Near the beginning of April last I sent a dark brown gelding to the marshes in the Isle of Dogs , to feed - I did not see it there myself; it was under the care of Lawrence, the farrier, before it went there; I had all its four legs blistered round - I heard a few days afterwards that it was gone - I had information from Mr. Peck early in November - I then went to Gosport, and saw my mare in the possession of Mr. Alexander, in his stables - I am certain it is mine; there were two more mares there - I had no difficulty whatever in pointing it out - I was certain of it, the moment I got into the stable; in consequence of what Alexander told me, I found the prisoner in custody in town, about Mr. Peck's horses - I made a charge against him at Worship-street; the horse was produced there, and I have seen it this morning in the Court-yard.

Cross-examined by MR. CLARKSON. Q. When you saw it this morning, did you examine it carefully? A. I did- it has three white legs and one black.

Q. Three white legs? A. Part black; the near hindleg and the off-legs are both black - I never advertised it, and do not know of its having been advertised - I never described it at the office - I described it to some friends, who did not know it, in case they should meet such a one - I never described it, in order to have it advertised, and never said that only the near hind-leg was white - I sent it to the Isle of Dogs, on the 6th of April, I think - I mentioned the date at Worship-street - I had had it between one and two years; it was eight or nine years old I suppose - I know Gunn, of Stepney - I did not tell him to advertise it - I had some conversation with him about it, but did not tell him, that only the hind-leg was white - I expected him to make it good, as it was in his care; to the best of my knowledge, I never told him to advertise it - I will swear that I did not tell him - I never saw it advertised, and do not know that it ever was - I call it a brown gelding.

Q. Did you never call it a bay? A. Brown and bay are much alike: many people call a brown horse a bay one. I am a brewer, and keep nine or ten horses.

MR. ADOLPHUS. Q. Is Gunn the holder of the marsh in which the gelding was turned? A. He is - I expected him to make the horse good - I left it to himself whether he would advertise it or not, but never told him to do it; he never charged me for an advertisement.

PHILIP LAY . I am a farrier. Richmond's gelding was under my care - I attended it after all the four legswere blistered, for a week or a fortnight in the stable, and then took it myself to Gunn's marsh, which is in Middlesex - I should know the gelding again - I turned it on the marsh on Friday, the 6th of April, and saw it there on the Sunday following - I went on Monday, at nine o'clock, and it was gone - I have seen it twice since, at Worship-street, and in the Court-yard to day. I am sure it is the same gelding.

Cross-examined by MR. BARRY. Q. How long have you worked for Mr. Richmond? A. Two or three years; I did not blister the horse, but attended to it, after it was blistered - I know it was in April, because I set it down in my pocket-book, the evening I turned it out - I turned no other horse out there in April - I call it a bay - I said no thing to Gunn about the legs, nor did I describe it at all to him, or he to me - I talked to him about its being lost - I described it at Worship-street, as a bay horse - I have never seen it advertised; the marsh is not extensive; it is partly fenced, and the other part is divided by the canal.

Cross-examined by MR. ADOLPHUS. Q. Could the horse have strayed there? A. No - I saw it this morning, and still think it a light bay; the horse in the yard is the one I turned out.

JURY. Q. Does the marsh lay between the road going to Greenwich? A. It is the one by Limehouse-hole; there is a gravel path by the side of the caual - I know of no other thoroughfare; there are three gates. I never saw them left open.

JOSEPH BLUNDEN . I am a farmer, and live at Brockhurst, near Gospert, in the parish of Alverstoke. I saw the gelding claimed by the prosecutor, about the middle of May - I saw the prisoner drive it in a gig on the road from Farnham to Gosport. I am sure it is the same.

Cross-examined by MR. CLARKSON. Q. Had you seen it before? A. Yes, when he drove it up the road; it was not more than two minutes in my sight - I did not notice the colour of its legs - I had seen it before that, in his stable, some few days, I cannot fix the date.

Q. Were you ever in trouble yourself? A. Many times; there are very few men but what are, I believe.

COURT. Q. The counsel means, have you ever been in prison, or in trouble from loss of character? A. I have never been charged with any crime in my life.

MR. CLARKSON. Q. Were you not convicted before a Magistrate of any crime? A. I was convicted for shooting without a certificate, not for poaching.

Q. Were you never charged with any thing else before a Magistrate? A. Let me see - I do not recollect at present, I might by and by perhaps - I was taken before a Magistrate on suspicion of smuggling, but was acquitted - I was not sent to gaol; that was the only time - I was a farmer at Alverstoke a few months ago, where I was born and bred.

Q. Had you any land there? A. I lived with my mother, who held land under Mr. Potter; she has left it four years - I was working as a farmer three months ago, with Mr. Page, who has land at Alverstoke - I do not know how long I have left Brockhurst; it may be six month ago; if I have said three, I meant a few months - I will not swear how long it was - I will not swear it was not nine. I have been doing what I could since.

MR. ADOLPHUS. Are you sure the horse you saw in the prisoner's stable, is the same you afterwards saw in the possession of Alexander? A. It is the same - I assisted Alexander in treating with Mr. Lock for the purchase of it, some time in August; he lives in the same

parish - I was not present when the purchase was completed, but when it was treated for. Cutts was not present.

COURT. Q. When did you see it in the possession of Lock? A. I went to Lock's house about it, but did not see it there. Alexander treated with Lock for it - I think it was in Cutts' stable about that time. I had seen it in his stable about ten times - the same horse is in the yard now.

Q. Had you heard it described as Lock's horse? A. Not particularly this one; some of the horses in Cutts' stable were considered as Lock's; there were six or seven in Cutts' stable; they were all claimed as Lock's at the time Alexander was treating for this, because Cutts was away at the time. I believe he was away at some fair - he lived at the stable - he is a horse-dealer. Lock had many horses in Cuttss' stable, which he said were his own.

Q. Do you mean to say all the horses in Cutts' stable were claimed by Lock? A. When Cutts was away, Lock used to deal about them, but what the understanding between him and Cutts was I do not know. I never heard Lock say the horse now in the yard was his, but it is the one Mr. Alexander and I spoke to Lock about.

RICHARD ALEXANDER . I am a distiller, and live at Brockhurst, about two miles from Gosport; the horse now in the yard was formerly in my possession. I bought one of Lock the beginning of April for 23l.; it did not answer my purpose, and about the 10th of August, the one in the yard was brought to me by the prisoner; but I was changing with Lock, the horse I had of him against this, I saw the prisoner once in the transaction - he is the man who brought the horse to me, and I paid him the balance in money, as he told me, for Lock.

Q. Did he say he received the money for Lock? A. To the best of my recollection, he did - I think I am certain of it. I knew the prisoner before.

Q. Was he concerned in business with Lock? A. There is only the name of "Brown, horse-dealer" on the board, on the house - his name is Brown. Lock lives about three quarters of a mile off - I believe the stables are Brown's. Lock has premises four or five doors off - he has a house, and a little stable belonging to it, for two or three horses; the stable in which this horse was, belongs to Cutts. I told Lock I would not keep the horse I first bought, unless he had something that would suit me better; he then showed me this horse - Cutts was not present; but I had bid Cutts money for the very same horse three or four weeks before, but we could not agree about the price, and he turned the horse out I think: at all events, it was missing for some time.

Q. Did you treat with Cutts as if it was his own? A. Yes. I bid him money for it; they were both together at that time - I now recollect.

Q. You bid the money to Cutts? A. They were both together. I think, when it first came down I spoke to Cutts alone about it. I bought it on the 10th of August - it came down three weeks or a month before that - I then saw it in the hands of Cutts and Lock - they were both present - one of them rode it. I do not know whether they were in partnership - it was no concern of mine. I serve them both with beer.

Cross-examined by MR. PHILLIPS. Q. You dealt before this with Lock for a horse? A. Yes; he treated that as his own, and he dealt with this about the same. I know he used to keep some horses at Brown's. I let him some stables myself about a quarter of a year ago, and he still kept them - they would hold seven or eight horses; he was constantly chopping with horses. I should not have hesitated about paying him for it. I considered that I was paying Cutts for Lock; he asked me to let the money alone till after the fair. If I had had an account with Lock, I should have debitted him for the money.

MR. ADOLPHUS. Q. Where is Lock now? A. Oh, a great many people want to know that; directly Cutts was apprehended Lock went away; I took no receipt for the money; my man is here, who saw it paid; it is not very often that I do take receipts of these jockies; I paid 11l. in cash, making the horse 34l.

RICHARD HADLEY . I was horse-keeper to the prosecutor, and know the gelding to be his.

Prisoner's Defence. I have nothing to say further than that the horse was not mine; I only interfered to take the money, as there was a dispute between them; I carried the money home to him.

MR. RICHMOND. I gave 60l. for the horse.

JURY to RICHARD ALEXANDER . Q. Was Lock indebted to you at the time you purchased the horse? A. He was; I cannot tell which of the two I considered to be master of the stable; Mr. Richmond has said the horse was not worth more than 10l.

MR. RICHMOND. I did say, that at the time I turned him out, as he was blistered, he was not, to appearance, worth more than 10l.; but to me he was worth a great deal.


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