John Winter . I came with my Coach from Tunbridge, on Tuesday the nineteenth of August, and came over London Bridge about seven at Night. I had ryed this Horse behind the Coach with two Ropes, and between Cannonstreet and Watlingstreet , a Boy called to me, and said, a Man had cut the Horse loose and rid off. I got down and went in pursuit of the Man, as far as Cheapside, but not finding him, I returned. The Boy told me his own Name, and where he lived. I advertised the Horse, and dispersed a hundred printed Bills among the Inn-keepers. Going afterwards to the Talbot Inn my Landlord told me that such a Horse as mine, was left at Mr Havards, at the White Horse in little Wild Street. I went thither, and found the Horse to be mine. I advised the Landlord to stop the Person who came for the Horse. And accordingly the Prisoner was taken the next Evening.
James Howard . The Woman that keeps the Swan and Horse-shoe, in great Wild street came for the Horse. So I spoke to a Constable, to attend at a little Distance, and then I went with the Horse to the Swan and Horseshoe, where I found the Prisoner, and gave him my Bill, which came to ten Shillings for eight Nights: He said his Name was Phillips, and bid me write a Receipt, which I did, and he paid me, and was going to take the Horse; but seeing the Constable, he run out at the back Door, we cryed out stop Thief, and he was taken by a Soldier.
Benjamin Scotney , a Soldier, I seized the Prisoner by the Collar: He had a Cutlace in one Hand, and a Pistol in the other, he struck at me with his Cutlace and cut off the end of my Finger, and then flashed his Pistol, but it did not go off. This was confirmed by the Constable.
Thomas Leach , a Boy sixteen Years old. My Master sent me from the Burrough to carry a pair of Breeches into the Strand. I got behind this Coach upon the Bridge. The Prisoner came and stroaked the Horse under the Belly, and then went off towards the Houses, and so he did several times, and at last asked me if that was my Master's Horse, I said no. I got down by Dutton Stone, and followed the Coach, and then I saw the Prisoner get on the Horse's back. I asked him what he was going to do; he called me Names, and then I see him lean forward with something bright in his Hand, and presently the Horse was loose, and he rid away full speed the contrary way the Coach was going: I saw him by the light of the Lamps. I called to the Coachman a good while before I could make him stop - I went to see the Prisoner in the Gate-house, where he was sitting with seven or eight more, and as soon as he went out, I said that was the Man.
Prisoner, There were but two besides me and the Justice, and I was in Fetters.
Prisoner. But you and your Brother went in with the Boy.
Winter's Brother. We did but the Boy did not know me.
Silver Crispin . I was at the taking of the Prisoner, and saw him snap the Pistol at the Soldier. I searched him and found another Pistol in his Pocket, and when he came before the Justice, hearing that he was one of Mac Cray's Accomplices, I searched him again, and felt something soft without side; but before I could get at it, he had removed it, and I found in the place where he sat, this Crape and three Bullets wrapt up in a piece of Paper.
The Prisoner's Defence.
Prisoner. I can prove that I was at home when the Horse was stole.
Dr. Harris. I called there one Mornnig, but the Prisoner was not there then.
Morgan. Very true, my Master was out that Morning, but my Master came home about three in the Afternoon, and I told him the Doctor had been there, and wanted his Roquelaur, and thereupon my Master sat down himself, to help finish it: And he worked with us till nine a Clock at Night.
Mary Gibson . The Prisoner employed a great many Men, and behaved himself handsomely, so far as I know - Two of his Men lodged at my House; and last Tuesday Night was three Weeks, between ten and eleven, I went to see why my Lodgers staid so late, and the Prisoner came to the Door himself, and let me in - I remember it was Tuesday, because the next Day, we heard the Prisoners had attempted to break out of the New Goal.
Laurence Benson . On the Tuesday before the Men were hanged at Kennington, four Men came to my Mistresses House, the Swan and Horseshoe Tavern in Wildstreet, about ten at Night; one of them had a Horse, which he twisted to the Post as the Door, they had two three Shilling Bowls of Punch. When they were going they asked for a Porter to carry the Horse to a Stable. A Porter came, and I sent him with the Horse to the Black Horse in Little Wild Street. On the Friday following they came again, and the Prisoner came in at the same time. They sat down together, and called for a Pen and Ink, and I heard one of them say, a Guinea and a half, and the Prisoner answered, I will give a Guinea. And then I went to fetch the Horse.
Prisoner. I happened to be drinking at that House, and these Men were talking about a Horse, and I wanting to hire a Horse for a Month, I bid them a Guinea, and asked the Girl where the Horse was.
Constable. The Girl is a common Street-walker, she does not live at a Tavern, but a Brandy-shop.
Then the Prisoner called several to his Character.
They deposed that he behaved civilly in the Neighbourhood, and they had no Suspicion of him till the time Mac Cray came to lodge with him. After which, it was reported that he used to ride out, and he had been seen coming home booted and spurred between one and two in the Morning.
Prisoner. It is hard I should suffer because Mac Cray happened to lodge in my House, and because I worked for him. As for my having Arms, I was going into the Country to receive fourteen Pound. And as for my running away from the Constable, I thought he had been a Bailiff, and I being in debt, was afraid of being arrested.
The Jury found him Guilty . Death .