Offence: Theft > animal theft
Verdict: Special Verdict
Punishment: No Punishment > sentence respited
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I lost a black mare on the 2d of July; it was kept in my stables in Brick-street. I let her to hire for that day to the prisoner, to go to Sutton in Surry. He said he was to return at eight at night. He did not return with it. I asked him where he lived. He said No. 25, King-street; that he I dged there. I went next day to this place to enquire after him. There was no such man to be met with. I heard afterwards that my mare was sold on the same day at Smithfield.
On the 30th of July I found a mare near Rotherhithe. I brought her to the Rotation-office. Finch saw her, and swore to her, and I delivered it to him.
I bought the mare of the prisoner on the 2d of July, in Smithfield, at five in the afternoon. I sold her to one Shaw, of Rother-hithe, that afternoon. I saw the mare at the Rotation-office afterwards, on the 30th of July; that was the same mare I bought. Finch swore to her.
Finch. That was the same mare that I let to hire to the prisoner.
(The jury found it special verdict for the opinion of the twelve judges.)
(The jury say they are of opinion he hired the horse with a fraudulent view, and intention of selling him immediately.)
Tried by the Second Middlesex Jury before Mr. Justice ASHHIDRST.