BENJAMIN KITCHEN, Theft > grand larceny, 26th April 1797.

333. BENJAMIN KITCHEN was indicted for feloniously stealing, on the 3d of March , four ounce, of horse-hair, value 5s. the property of our Lord the King .

RICHARD GRAY sworn. - I am coachman to his Majesty; I had the care of the cream coloured horses, in the King's-Mews ; the hair was cut off one of the new cream coloured horses, that came over from Hanover, the last spring of the year; the horse was lamed in coming over, and in the autumn of the year, it was thought proper to send him to grass to make him found; he was brought up the 2d of March, and delivered into my care; in the evening, between five and six o'clock, I had him put into what they call the back stable; the father

and mother of the prisoner live over the stable, and go through it, his father is helper under me; when he was put there, he had a long tail, that reached almost to the ground; the next morning we found the tail cut to a switch tail, just reached to his hock; I went to acquaint Mr. Parker, the clerk of the stables, with what had been done, and I went to all the fishing-tackle shops I could find; I went to Mr. Higginbotham's, in the S rand, first, and he produced some hair, which I think came off that horse, that was on Saturday the 4th.

Cross-examined by Mr. Knowlys. Q. Do not you know, that his Majesty had done Dr. Willis the honour of giving him that horse? - A. I did not know that at the time, I considered him as the King's horse, and had him under my care as such.

- HIGGINBOTHAM sworn. - I am a fishing-tackle maker; on Thursday the 4th of March, the last witness asked me if I had bought any hair, lately, I said, I had, I bought some of the prisoner at the bar, the day before, (produces it); I gave him five shillings for it.

Q.(To Gray.) According to your judgment, is that the hair off that horse? - A. Yes.

Q.(To Higginbotham.) Is it hair from a horse's tail? - A. Yes.

Mr. Knowlys. (To Gray.) Q. I dare say, you would not pledge yourself to swear positively, that that hair came from that horse? - A. No, but it is like it.

Q. Have not you learned since, that it had been before presented by his Majesty to Dr. Willis? - A. I did not know that it was horse that, I know it is now.

Mr. Higginbotham. Mr. Gray told me that the horse was given to Dr. Willis.

Gray. That was the third day after; I then did not know when it was given to Dr. Willis, Dr. Willis had not it for a fortnight after.

GUILTY (Aged 22.)

Confined six months in the House of Correction , and fined 1s.

Tried by the second Middlesex Jury, before Lord KENYON.

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