<!-- © 2003-2008 Old Bailey Proceedings Online -->
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<p>518.
<persName id="t17880910-22-defend221" type="defendantName"> ROBERT GUY
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<interp inst="t17880910-22-defend221" type="gender" value="male"/> </persName> ,
<persName id="t17880910-22-defend223" type="defendantName"> JAMES DAWSON
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<interp inst="t17880910-22-defend223" type="gender" value="male"/> </persName> , and
<persName id="t17880910-22-defend225" type="defendantName"> ROBERT FENVELL
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<interp inst="t17880910-22-defend225" type="gender" value="male"/> </persName> , were indicted for
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<interp inst="t17880910-22-off99" type="offenceSubcategory" value="animalTheft"/> feloniously stealing on the
<rs id="t17880910-22-cd100" type="crimeDate">23d of July</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17880910-22-off99 t17880910-22-cd100"/> a Gelding, price 10 l. </rs> the property of
<persName id="t17880910-22-victim226" type="victimName"> Thomas Hill
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<p>
<persName id="t17880910-22-person227"> THOMAS HILL
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<interp inst="t17880910-22-person227" type="gender" value="male"/> </persName> sworn.</p>
<p>I live at Pinner, in the parish of Harrow; I lost a horse either the 22d or the 23d of July; the horse was put into the field in the evening, and he was missing the next morning; I was twenty miles from home.</p>
<p>What sort of a gelding was it? - A brown bay gelding; we call him a bay gelding, but he is rather of a brownish colour, about fourteen hands three inches high, as near as I can tell; three years old at most, bald-faced, and either two white feet behind or one I cannot be certain; he was taken on the Wednesday, and I had him again on the Saturday; I found him at Paddington, in the custody of a man whose name is Kettle; I think it is the White Lion, but he has been sent for by order of the magistrate.</p>
<p>
<persName id="t17880910-22-person228"> JOHN SMITH
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<p>I live with Mr. Daniel Hill, a son of the last witness; I turned the horse out the 22d into a field of my master's, about seven in the evening, I missed it the next morning about ten; the road was just by the field.</p>
<p>Were the gates fast? - I cannot say; it is just by a school; I shut the gate after I had put the horse in.</p>
<p>Are there more gates than one? - I cannot particularly say, because the boarders very often throw it open; I went home and told my mistress; she sent me away after it, and there was another long tailed grey colt got away along with it, and I found the grey colt about three in the afternoon in my master's field; I heard of the gelding on the Wednesday; I was looking about after it; I came home and heard how such a thing was taken in Paddington; I knew the gelding when I saw it.</p>
<p>The witnesses were here examined separate, by the prisoner's desire.</p>
<p>
<persName id="t17880910-22-person229"> WILLIAM FENNING
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<interp inst="t17880910-22-person229" type="gender" value="male"/> </persName> sworn.</p>
<p>These three young men passed us about half after three in the morning; I work for Mr. Carter, a cow-keeper, three miles from Paddington; there were two on the bay gelding, that was Dawson and Guy; we had been milking, and the three men met us; Mr. Hill's horse took fright; my fellow servant said he wished some Irishmen would come by, and drink out of the pails; one of these young men said, I wish you would give us a drop; and my fellow servant said, if it is not worth coming for, it is not worth having; but they did not turn then, they kept on.</p>
<p>It was not light then? - Yes, it was just light.</p>
<p>You had never seen them before? - Never, to my knowledge.</p>
<p>Can you take upon yourself to swear to these three young men, from that cursory view? - Yes, I can.</p>
<p>
<xptr type="pageFacsimile" doc="178809100020"/>Did you give information of this? - No.</p>
<p>Did you observe the gelding? - It had a long tail; I cannot particularly say it had a white face.</p>
<p>Court to prosecutor. Had your gelding a long tail? - Middling; it was what we call a longish swish tail.</p>
<p>Is that the tail you mean? - Yes.</p>
<p>Prisoner. Did you see us turn these horses up? - No.</p>
<p>Did you see us take these horses? - No.</p>
<p>
<persName id="t17880910-22-person230"> WILLIAM BIRCH
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<interp inst="t17880910-22-person230" type="gender" value="male"/> </persName> sworn.</p>
<p>I am a milkman; I was with Fenning; we were pitching our milk out of the field into the road, and these men came by us; and whether my fellow servant asked them to have any milk, or they asked him, I cannot say; there were two men on the first horse, that was Dawson and Guy; it was a bay gelding with a long tail; I cannot tell the face, it was rather before it was light; the other prisoner was on a black horse; I had a son as big as myself; I said, they are thieves; how do you know that, said my son; let them alone, and let them go about their business.</p>
<p>How do you undertake to swear to their faces, if you could not see the bald faced horse? - I was nigh the man, and could see the colour of the horse.</p>
<p>You said it was not light enough for you to see the colour of the horse's face? - I did not take notice of it; the horse was found at Mr. Kettle's.</p>
<p>
<persName id="t17880910-22-person231"> WILLIAM BUDGE
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<interp inst="t17880910-22-person231" type="gender" value="male"/> </persName> sworn.</p>
<p>In the morning, just before four, I was alarmed by my dog; I looked forward, and saw two of the prisoners leading away an ass belonging to a servant of mine; it was the prisoners Fenvell and Dawson; they told me it belonged to them; I told them I would let them know that; they immediately slipt the halter, and turned it loose; I dressed myself and followed them.</p>
<p>Had they any horses with them at that time? - They had not; they had turned the horses loose on the green opposite to my house.</p>
<p>What horses were they? - A bay horse and a black one; I followed them immediately down the green; then they were got into Black Lion Lane, and I called watchman to come along with me; I said I believed they were thieves; I took hold of Fenvell and said, you villain, you was going to steal the ass; he said he was not; says I, I believe you to be three thieves, I will see what you have got; immediately I pulled a horse-cloth from him, and it fell on the ground with some poultry in it, I believe six or seven fowls, and a shoulder of mutton, and they were taken; the horses were on the green facing my house; I never saw them with the horses.</p>
<p>
<persName id="t17880910-22-person232"> THOMAS WALTON
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<p>They brought these three men to me, and I put them in the round-house; and I went to the common, and put the two horses in Paddington pound; Mr. Hill came and swore to his horse at the justice's door.</p>
<p>Court to Birch. Do you know the horse that Hill came and swore to; was that one of the horses that was on the green? - Yes it was.</p>
<p>Prisoner Dawson. We know nothing of the horses, nor never saw them.</p>
<p>ALL THREE
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<p>Tried by the first Middlesex jury before Mr.
<persName id="t17880910-22-person233"> BARON HOTHAM
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