Allen was charged with having, on the 22nd of June last, stolen a horse, the property of William Smith. Mr Skinner conducted the prosecution and Mr. Cooke assisted by Mr Symons defended the prisoner. J. Smith son of the prosecutor, deposed that his father employed him to go to Brampton Bryan fair, on the 22nd of June; the prisoner went to him, and asked him if the horse was a good and steady worker; he said he had had the price from Mr Carden, which was six pounds; it was agreed ultimately that prisoner should have the horse for five pounds 10 shillings and one shilling should be returned; witness had gone away and on his return found that the prisoner had given Carden an old £1 note bracket (instead of a £5 note] and 10 shillings; Followed him on Mr Carden's horse, and overtook him at Wigmore; ordered him to come down off the mare, and as he did not come down so quickly as witness wished, he pulled him down; showed him the £1 note which he had given to Carden, and he said "I'll swear that is the note I received of Mr Kendall, of Gloucester in the fair". Cross examined by Mr Cooke: Mr Carden was not sent to the fair to take care of me; I have mentioned Mr Kendall's name before today; I was in a field at the time Mr Carden and the prisoner dealt for the mare; I don't know where the mare was at the time I was drinking at the Oxford arms; prisoner said, at the inn at Wigmore, "give me back your money and I will give you back your mare" but I said "No I'll deal with you in a rougher way" .....Thomas Carden deposed: I am a farmer residing at The Rocks at Knighton; I was at Brampton Bryan fair; I saw Joseph Smith and his father there, with the mare; Mr. Smith the elder asked me to assist his son to sell the mare; after some time delayed over the bargain I sold him the mare for £5 10 shillings for which I received from the prisoner a note and half a sovereign; I supposed it to be a £5 note, but shortly discovered that it was an old £1 note of a Gloucester bank; prisoner then mounted the mare and rode off as fast as he was able; I would not have parted with the mare unless I had thought it had been a £5 note; Joseph Smith then came up, and had my mare to ride after the prisoner. This witness underwent a cross examination by Mr. Cooke, but nothing material was elicited. Jones deposed that he held the mare at the fair, and that the prisoner asked him to give the mayor a character, as he had bought one sometime ago, which turned out to be a kicker; prisoner said he had not had enough money of his own to purchase the mare but would go and see if he could borrow it; this was about a quarter of an hour before witness helped him on the mare; he then started off on a trot for a little time, and afterwards quickened his place to his pace to a gallop; Mr Joseph Smith afterwards went in pursuit of him. This witness was cross examined by Mr Symons but nothing material was elicited. Mr Richardson, a police constable, deposed: I can produce the £1 note.......This being the case for the prosecution Mr. Cook put it to the learned chairman, whether there was really any case to go to the jury as the prisoner had not obtained the horse of the prosecutor vis et armis (with violence). He contended that the case was one of obtaining the horse under false pretences and did not amount to larceny. A long argument on the point of law then took place between Mr. Cooke and Mr Symons, on the part of the prisoner and Mr Skinner on behalf of the prosecution and it was at length decided by the learned chairman that the offence did not amount to one of larceny and the jury were directed to pronounce a verdict of acquittal.

The Hereford Times, Saturday July 1st 1848