Thomas Barrat depos'd, That the Prisoner offer'd the Mare to Sale between Hounslow and Brentford , and a Friend of his had agreed to give him two Guineas and half a Crown for it at the Artichoke in Brentford, but he did not pay the Money, but order'd the Mare to be set up in the Stable, he suspecting it to be stolen; that the Prisoner went away, and sent from an Ale-house in the Town for the Mare, pretending he had repented his Bargain; but he refus'd to deliver the Mare, and caus'd him to be apprehended.
The Prisoner pleaded, That he being on the Road, a Man rode upon the Mare, who ask'd him, if he would ride? That he accepted his Offer, being weary; that the Man bid him ride to a certain Place, and he would meet him there; that he having staid at the Place a considerable time, and the Man not coming for the Mare, he made use of her to carry him farther. This Pretence did not avail, but the Jury found him guilty of the Indictment. Death .