CONFUSING HORSE DEAL.
Animal Twice Stolen, Alleged Thief
Almost Escapes Prosecution.
Charged with stealing the same horse twice, Henry Tobin, who was arrested yesterday on a warrant from Justice Theodore Remley's court, can be prosecuted only on a minor charge of obtaining money under false pretenses.
On November 22, Tobin is charged with having stolen a horse from E. T. McElroy and the following day selling it to W. E. Edwards.
Subsequently McElroy, who had searched the city for his horse, decided to offer a $5 reward for the animal's return. Tobin, it is charged, hearing of this, went to Edwards's stable, stole the horse he had sold only a few days before, returned it to McElroy and was given the $5 reward.
When Tobin was arrested yesterday, McElroy refused to prosecute. But as the stolen horse which had been sold to Edwards did not belong to the latter, Edwards cannot prosecute for horse stealing. The only charge remaining is that of obtaining money under false pretenses.
