
    The United States v. John Toms.
    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 for stealing John Cannon’s horse.
    Upon the authority of the United States v. McPherson, 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 he.ard another man confess that he stole such a horse from John Cannon, the Court being of opinion that it was not competent evidence.  