
    Case No. 16,532.
    UNITED STATES v. TOMS.
    [1 Cranch, C. C. 607.] 1
    Circuit Court, District of Columbia.
    Dec. Term, 1809.
    Horse Stealing — Jurors — Peremptory Chal.. lenges—Continuances.
    Peremptory challenge refused in a case of horse stealing. Continuance, prayed on account of the absence of a witness who could testify that he heard another man confess that he had stolen the horse, refused.
    Indictment [against John Toms] for stealing John Cannon’s horse. Upon the authority of U. S. v. McPherson [Case No. 15,703], in this court at December term, 1807, the prisoner was refused the right of challenge, the offence having been decided to be simple larceny under- the act of congress.
   THE COURT

refused a continuance on the ground of the absence of a witness who would swear that he heard another man confess that he stole such a horse from John Cannon, the court being of opinion that it was not competent evidence.  