The Prosecutor depos'd, That his Horse was in keeping at one Daniel Fenning 's, who sent him Word the Horse was stolen away, that he advertised him, but did not hear of him till the Prisoner was apprehended, when he found the Horse at Justice Gifford's.
John Shepherd depos'd, That the Prisoner brought some old Iron to his House in Rosemary-Lane, and offer'd it to Sale, that he then was upon a Black Gelding, and after some Time the Prisoner and he agreed about the Price of the Iron, but he suspecting it to be stolen, order'd his Men to go with the Prisoner to Paddington, to his Master's, to see if (as he pretended) the Iron was his, and he employed the Prisoner to sell it, that his Man got up behind the Prisoner, and they went together towards the Prisoner's Master's, but he still being dissatisfied, went after them, that in Holborn they got off the Horse, and he then went up to the Prisoner and enquired why they did so, who answered, he must buy some Bran for the Horse, when he told the Prisoner he did believe the Iron was stolen, to which the Prisoner answered, no, he did not steal the Iron, but he had stolen the Horse.
He made a very idle Defence, saying, the Horse was coming along and he took hold of him to take Care of him, without any Design to steal him. The Jury found him Guilty . Death .