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From the Kent Herald, 14 August 1828.
CRIMINAL SIDE, Before Sir William Garrow.
William Smith and Thomas Piety, labourers, were charged with stealing a black
mare, the property of John Silver, at Herne.
Prosecutor had a mare stolen from his stable on the night of the 21st of May,
and on the 2nd of June found her at the "Green Man," Blackheath.
James Sladden, a farmer at Hoath, on the same night, lost a brown Mare, and
found her on the second of June at the "Green Man."
Sarah Sole, a young woman living with her father at Hearne Street, gave evidence
with great unwillingness; on the 21st of May saw two young men served several
times at her father's house, prisoners did not now look like the man, they were
not dressed the same; she thought Smeeth was one of them, but could not be
positive. On being cautioned by his Lordship, she said she knew Smeeth very
well, and he was one of the men; the other was like Piety, but she was not
certain about him; she described the dress of both.
Thomas Holness, a labourer saw prisoners at the "Maypole," at Hoath, about half
a mile from Mr. Sladden's on the evening of the 21st.
James Flory, a man employed on the road at Gadds Hill, near Rochester, on the
morning of the 22nd saw two men on horseback; the horse appeared very much
tired, Piety spoke to him, and they were five minutes in his sight; he was sure
as to Piety, but not to Smeeth. The horses corresponded with the description of
those stolen; he saw them again at Canterbury, and was positive as to the brown
one.
George Finch, landlord of the "Guy Earl of Warwick," at Welling, about a week
before Whitsentide, in the morning, saw two men come to his house on horseback;
Piety was one of the men, and Smeeth was about the size of the other. He took
particular notice of the black mare, because he thought it would suit a friend
of his, Mr. Sterling, but on the other telling him it had a white eye, he did
not notice it further. The mares corresponded with the description of those
stolen; he saw them afterwards at Canterbury, and was positive as to the black
one.
Thomas Spite, Osler to the last witness, corroborated the evidence of his
master, excepting that he did not mention the white eye till the men were gone;
he was positive as to the prisoners being the men.
Henry Bisley apprehended Piety at Ashford.
The several witnesses deposed that the dress of the men answered to the
description given.
Verdict Guilty.
His Lordship told prisoners the frequency of the offence of which they had
been guilty, had become so prevalent, that it was necessary to visit it with
severity of punishments; last on account of the youth, and the strong
recommendation of the prosecutor, their lives will be spared, he accordingly ordered Judgment of
Death to be recorded against them.
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