JURISPRUDENCE. 
397 
upon the paper indicates the place referred to (diagram produced) ? 
A. Yes, sir. 
Q. Indicate upon that diagram the place at which you saw the 
prisoner. A. I saw him where the star is. 
Q. Did you see him there in possession of any animal ? A. I saw 
him standing at the horse’s head. I stood as close to him as I could. 
As I came up I heard him make the remark, “Will you take him? 
Eight dollars.” 
Q. What did the man reply ? A. I then turned and went off. I 
had been down to the horse previous to that. I had examined the 
horse previous to that. 
Q. How long previous to that ? A. Probably fifteen minutes. I 
saw the horse coming down Seventy-fourth Street. I saw there was 
something wrong, and I followed The horse was then being led by a 
boy. He stood at the entrance to the horse-market. 
Q. Then you saw this prisoner afterward ? A. Afterward. 
Q. In conversation with another man? A. Yes, sir. 
Q. And the subject of the horse was mentioned ? 
(Question objected to and withdrawn ) 
Q. Mr. Evans, you said he was talking to another man? A. 
Yes, sir. 
Q. What did he sa.y ? A. All I could overhear—I could not get 
very near the horse—was, “Will you take him ? Eight dollars.” A 
fight took place in the market, and he ran in to see what w T as the matter. 
I stepped up to the boy who held the horse. 
Q. While you were speaking to him, did the prisoner return ? A. 
No, sir ; I took possession of the horse. 
Q. Was the horse in the street? A. Yes, sir; lie was standing at 
the entrance of the horse-market. 
Q. This was in Seventy-fourth Street? A. Yes, sir. 
Assistant District Attorney Herring :—-I desire to present the dia¬ 
gram to the jury, indicating the position referred to in Seventy-fourth 
Street—the place wdiere the horse stood being marked by an asterisk. 
Q. You said you observed the condition of the horse when being 
led ? A. I saw he was breathing very heavily. I could not tell exactly 
what was the matter with him ; his head was drooping, his’nostrils puff¬ 
ing. I took him to be a broken winded horse. 1 followed him. 
Q. What time of day was this ? A. About four o’clock in the after¬ 
noon. 
