This is a favourite of mine, particularly because of the judge's remark at the end.
Stephen Wood, hawker (on bail) was charged with stealing a horse, value £10, the property of Charles William Wall, at Lichfield on October 18th. Mr Boddam prosecuted, and Mr Kettle defended. The prosecutor, who is a boatman, living at Alrewas, bought a horse at an auction sale at Lichfield, and afterwards took it to a hotel in that city. The prisoner came there after him, and arranged to buy the horse from him. They went into the hotel, and at prisoner’s request prosecutor made out a receipt for £10, the amount arranged to be paid for the animal. The receipt read, “Bought, brown cob of C.W. Wall, at £10. Received £1.” The receipt bore a stamp, but it was not cancelled. Wood paid £1, and asked prosecutor to accompany him to the Smithfield, where he said he would pay him the remaining £9. On the way to the Smithfield prisoner asked to be allowed to get on the horse’s back. Prosecutor consented, but held the bridle. Suddenly, however, prisoner snatched the bridle out of his hand, and then galloped away. He was followed to Birmingham, and arrested at 32, Summer Hill Street by Detective Taylor. Prisoner then said that he had bought the horse, and was willing to pay for it as soon as he had the money. Wall could not get blood out of a stone. – Mr Kettle submitted that the transaction was a bona fide one, and that the prisoner intended to pay for the horse when he had sold it. – His Lordship said the trick was a very old one, and it had been held, as long as two centuries back, that it was a theft to obtain anything by a trick. – The jury found the prisoner guilty, and his lordship, in sentencing him to six months hard labour, said that if the prisoner had stolen the horse from a field in an honest way, so to speak, his offence would not have been so bad, but he had tried to defeat the law by a trick.
(17 Dec 1889, Birmingham Daily Post)
