<!-- © 2003-2008 Old Bailey Proceedings Online -->
<div0 id="17880910" type="sessionsPaper" fragment="yes">
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<persName id="t17880910-20-defend203" type="defendantName"> JAMES SMITH , alias
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<join result="nameAlias" targOrder="Y" targets="t17880910-20-defend203 t17880910-20-alias-1"/>LACEY</rs>
<interp inst="t17880910-20-defend203" type="surname" value="SMITH"/>
<interp inst="t17880910-20-defend203" type="given" value="JAMES"/>
<interp inst="t17880910-20-defend203" type="gender" value="male"/> </persName> , was indicted for
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<interp inst="t17880910-20-off88" type="offenceSubcategory" value="animalTheft"/> feloniously stealing on the
<rs id="t17880910-20-cd89" type="crimeDate">21st day of December, 1785</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17880910-20-off88 t17880910-20-cd89"/>, one chesnut gelding, price 8 l. </rs> the property of
<persName id="t17880910-20-victim206" type="victimName"> Jonathan Pegrim
<interp inst="t17880910-20-victim206" type="surname" value="Pegrim"/>
<interp inst="t17880910-20-victim206" type="given" value="Jonathan"/>
<interp inst="t17880910-20-victim206" type="gender" value="male"/> </persName> and
<persName id="t17880910-20-victim208" type="victimName"> Edward Campion
<interp inst="t17880910-20-victim208" type="surname" value="Campion"/>
<interp inst="t17880910-20-victim208" type="given" value="Edward"/>
<interp inst="t17880910-20-victim208" type="gender" value="male"/> </persName> .</p>
<persName id="t17880910-20-person209"> JONATHAN PEGRIM
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<interp inst="t17880910-20-person209" type="given" value="JONATHAN"/>
<interp inst="t17880910-20-person209" type="gender" value="male"/> </persName> sworn.</p>
<p>I lost a horse on the 21st of December, 1785.</p>
<p>Court. How came you to come so late with this prosecution? - Because I did not meet with the man before; my horse was lost from No. 64, London Wall, from my stable; the prisoner hired my horse to go to Croydon.</p>
<p>What time of the day? - I believe it might be about nine or ten.</p>
<p>You keep an inn there? - Yes.</p>
<p>He came into the yard there? - Yes.</p>
<p>Was you present? - I was.</p>
<p>What did he ask for? - He wanted a horse to go to Croydon for the day; I let him have one; the horse never returned from that time to this.</p>
<p>Did you know him before? - No.</p>
<p>How came you to let an entire stranger have your horse? - He gave me a very good information where he lived, his name and place of code, he gave his name James Smith, he lived at No. 1, Cable-street, Wellclose-square.</p>
<p>Did he tell you what he was? - No, he did not.</p>
<p>Did you ever make any enquiry for him there? - I did.</p>
<p>When did he say he would be back? - At night.</p>
<p>He did not come? - No.</p>
<p>Did you make any enquiry at the place where he directed you? - I went to the shop, and the shopman said he did not know whether he was within or not, and I found they knew him.</p>
<p>Did you ever get your horse again? - Never, I never saw the horse since; I never saw the prisoner, to know him, till he was taken up; they sent for me according to the advertisement.</p>
<p>When was that? - It was some few days before the last sessions; I came here then about it.</p>
<p>Can you undertake at this distance of time to swear positively that he is the same man? - I am very sure he is the same man.</p>
<p>How long might you talk with him in the yard? - Ten minutes perhaps; he came into the counting-house and wrote his name; I am very sure he is the same man.</p>
<p>Did you know him as soon as you saw him again? - I knew him directly.</p>
<p>He was shewn you by the officer? - No, he was taken up.</p>
<xptr type="pageFacsimile" doc="178809100017"/>Was there any description of him that he was taken up by? - The man came and told me that he thought it was the man; he was taken up not on my business.</p>
<p>Then he was shewn to you as the man that stole your horse? - He came out, I knew him directly.</p>
<p>Did you say any thing to him then, or ask him any qustions about it? - No, I did not.</p>
<p>Did he say any thing? - No; only he said once he could prove he was not there at the time, at another time he said he could prove that he was there at the time.</p>
<p>Mr. Knowlys, Prisoner's Counsel. Why this is a very long time ago? - It is so.</p>
<p>Are you in partnership with Mr. Campion? - Yes these ten or a dozen years.</p>
<p>Are you partners in the horse dealing line? - No, we do not deal, we are in the job way.</p>
<p>How many livery horses may you have, thirty or forty? - More than that, they are gentlemen's horses.</p>
<p>But riding horses; how many have you to let out? - two or three.</p>
<p>This is pretty near three years at Christmas? - Yes.</p>
<persName id="t17880910-20-person210"> JONATHAN PEGRIM
<interp inst="t17880910-20-person210" type="surname" value="PEGRIM"/>
<interp inst="t17880910-20-person210" type="given" value="JONATHAN"/>
<interp inst="t17880910-20-person210" type="gender" value="male"/> </persName> , jun. sworn.</p>
<p>I was in the counting-house at the same time; I took particular notice of the man, we always do of stranger; I suppose he was there about ten minutes while they were getting the horse ready; I am sure this is the same man.</p>
<p>Can you undertake to swear positively to the person of the man at two years and a half distance, that you never saw but once? - He has a large mole on the left side of his face, which I took particular notice of at the time; he has that mole now.</p>
<p>Mr. Knowlys. Can you tell us how this man was dressed? - He had a great-coat on.</p>
<p>A pretty large great-coat? - Middling about that, with a pocket on each side.</p>
<p>I take it he had a round hat on? - He had.</p>
<p>Did you never happen to mistake one man for another in the course of your business? - No, sir, I do not know I have.</p>
<persName id="t17880910-20-person211"> JOSEPH BEAR
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<interp inst="t17880910-20-person211" type="given" value="JOSEPH"/>
<interp inst="t17880910-20-person211" type="gender" value="male"/> </persName> sworn.</p>
<p>I had a warrant against the prisoner, to apprehend him for an indictment in Surrey; I found him on Tower-hill, I told him; he immediately up with his stick and knocked me down; I recovered myself, and got up again; he repeated his blows several times; I cried out stop thief, and secured him and took him down to the Borough and let Mr. Pegrim know that there was such and such a man in custody that answered the description I had heard; I was at the apprehending of another man, one Jacob Hobbs, a long while ago, and I heard Mr. Pegrim describe such a sort of man as I thought Mr. Lacey was, and when I apprehended him I thought fit to send to Mr. Pegrim.</p>
<p>Did the prisoner say any thing to you about this horse of Mr. Pegrim's? - No.</p>
<p>Prisoner. If it will not offend my Counsel I wish to ask a single question of young Mr. Pegrim; Whether that advertisement of the mole on my cheek was in the papers? - He was not advertised at all.</p>
<p>Prisoner. If you recollect, the elder Pegrim swore there was an advertisement.</p>
<p>Pegrim the elder. Hobbs was advertised and the other man was advertised, it was in the Hue and Cry.</p>
<p>Was this man advertised? - No, I do not think he was; I rather think he was too.</p>
<p>Where is that advertisement? - I do not know whether he was or was not.</p>
<p>Did it mention the mole on his face? - I do not know; I do not think it was.</p>
<p>Court to Bear. What description did Pegrim give you of the man? - A tall slim man of swarthy complexion; he did not give me any particular mark.</p>
<p>I was unfortunately at this time out of the kingdom that they have sworn to, and have been but a very little time in London;
<xptr type="pageFacsimile" doc="178809100018"/>I have several respectable witnesses to my character.</p>
<p>The prisoner called eight witnesses, who gave him a very good character.</p>
<rs id="t17880910-20-verdict90" type="verdictDescription">
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<rs id="t17880910-20-punish91" type="punishmentDescription">
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<join result="defendantPunishment" targOrder="Y" targets="t17880910-20-defend203 t17880910-20-punish91"/> Death </rs>.</p>
<p>He was humbly recommended to mercy by the Jury, on account of the distance of time.</p> </rs>
<p>Tried by the London Jury before Mr. RECORDER.</p> </div1></div0>

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