Star.
London, England, 1817-08-02 00:00:00

ALLEN V. COATES.

This was rather a novel action, being brought by a
constable to recover his expenses, and a quantivia see-
r:sit for his trouble, in apprehending two defendants at
the instance of the deleudant, to take their trial for
an assault at the Essex Assizes. The sum sought to
be recovered was 46. 9s. inelthling a charge of 10s.
for apprehending the defendants and bringing them
from Halsted to the Assizes.
Mr. Justice DALLas Wit of opinion that the plain-
tiff was entitled to recover nothing for his trouble, if
the employment exceeded the ordinary line of his
duty as a constable.
The Jury found their verdict for the defendant.
CROWN SIDE.

Israel Alexander and Thomas Davi: were indicted
for horse.stealing.
Mr. Cuitwoota stated, that this case was of rather
a singular nature, for although the crime of horse-
stealing was not an unfrequent offence, yet it did not
,otten occur that a hors* was taken in the mode in
which the prisoners had possessed themselves of the
horse in question.
The prosecutor cf the indictment, a tie. Minton,
was a tradesman in the Borough, a,id he was in the
habit of lending his horse to a friend, of the name of
Carter. On the sth' May last, as he had often done
before, he lent his horse to his friend Carter, to go to
Woodford. Now the horse, although a very good I
horse in many respects, and a great favourite with
his master, had imbibed one or two awkward pro.
pensities, one of which was, that he had an invincible
objection to passing certain pdblic.houses without a
call. It so happened on this day, for when Mr. Car. I
ter set off on his journey to Woodford, as soon as he
arrived at the King's Head, at Stratford, the horse
drew up to the door as usual. Carter, being rather
in haste, Wished to go forward, but the horse as reso-
lutely persisted in having a bait, and in this contest
the horse beat the rider, who was forced to give in
and comply with the wish of the beast, but not with- I
out gieaf indignation. During the contest, the pri.
soner Alexander, who is a noted bruiser, and Davis.
a horse-dealer, were smoking a friendly pipe in the
King's Head parlour ; they threw up the window,
and Alexander exclaimed," What will you have for
the rusty one l" Carter, being angry at his defeat,
replied, " I)—n him, £5 is more than he is worth."
He then alighted, and went into the parlour where
the prisoners were sitting. Soon after he got there,
Alexander threw down a note, and said, " Give me
change, I'll have the horse." Carter said, " He did
not want to sell the horse; in truth it was not his
own to sell." But both Davis and Alexander swore
they would have the horse,.that they had bought it,
and would keep it. Alexander then went out to
take possession of the horse, and Carter followed to
prevent Min; but Alexander knocked him down, and
took the horse into a back stable, where he locked
him up. Carter could not believe that they meant
' seriously to take away the horse ; and having an sr-
' gent necessity to go to Woodford, as it was to get
security for a new place he had got as collecting
clerk to a brewhouse, he pursued his journey on foot,
expecting he should find his horse at the King's
Head on his return; but when he came back he
found they had taken it away. After some time he
discovered the horse in the possession of a fair pur-
chaser, but they had so altered him by trimming his
mane, heels, and cutting his ears, that he scarcely re-
cognised his old acquaintance. It appeared that be
was sold for 020; aad the prisoners, finding that
they wrere-likely to be prosecuted for this new mode
of horse.deiling, absconded, and it was several weeks
before they. were apprehended. With. respeet to the
law of the:•cise, the Learned Counsel said, it must
arise out of the opinion the Jury would draW from it.
If they thought that the prisoners meant to take the
horse and convert it to their own use, and made the
pretended isle a mere cover and pretext to effect their
fraudulent purpose, then it would amount to a felo-
nions taking; but if.they thought the prisoners really
conceived they had title, though they might be mis-
taken, then it would be a mere civilArespass, and sot
a felony.
Cuter being called, stated, that tie bid set

out on the journey to Woodford, as described, and
when he got to Mr. Reeves's, the King's Head, at
Stratford, the horse wculd not pass it, and 1:e was
forced to stop. WHe he was at the door, the priso-
n, r Alt amulet. sixlce from the parlour window, I
olf hit %vie pm have for the rutty one?" 10
Moe+, I,e replue,:, 1)—o 111111, a 5 is ru ire than he
is ,
woitli." lie then went into the same tons where'
the pri,oaer, were sitting. and a'ter a little titer
Al.-x +oder went
and 1: tinning, ;11,,w down a note, which he believed)
WAS /e2O note, saying to Witneff, '4 There, give met
change, I'll Lave the horse. "—Witness sa;d he .did;
not mean to sell the horse,it was a friend's.
der said, lie had honght the hone, aod asked tori
change. DASiS 9104 " l will knot y u Li, you ddret.
want chamte ; h. Se it is," and pendac‘d a ,c;
Carter siiJ, 4, None of pnr tricks, I iliws not sand
no nonseo4e." Alexander then called oat to the b
Here, pot, my horse in the stahle." Ctit...r replied,
" Leave my hnrse alone." Al. x tii.ler then welit out,
any began taking off the saddle, when the witness
perceiving fun, followed, and endeavoured to pie-
vent him ; when Alexander kn"cked iiitn down, and
throwing off the bridle and saddle, led the horse into
a back stable, locked it np, and put the key into his
pocket. The witness then proceeded to Woodford
on foot, thinking it was only meant as a joke.
Lord ELLE:annum:cm asked why he did not make
immediate application to a Magistrate ? and told the
Jury it would be to much to consider this as a felony.
It was all done in public and broad day-light, and,
though It was trespaiss, be cculd not consider it A
itiOlllOUS taki..g.
.The Jury, atter a little consideration, said, they
thought the prisoners were guilty of a fraud.
His Lordship told them that was not the charge,
and they inu,t acquit them. Verdict—LNot Guilty.