Thomas Arnold . I have nothing to say but that the Mare is my Master's Right and Property; he sent her to Grass at Harrow on the Hill , last St. Luke's Day. The Prisoner was taken at Kensington , and carried before Sir Edw Hill , where the Mare was brought, and he own'd it to be the same which he stole, but I did not hear him mention the Place from whence he took her.
William Fearon . I took the Mare to Weston's House, and he put her into a Stable whilst I drank a Mug of Beer with some Neighbours; the Prisoner came in and threw himself into my Company. I gave him some Beer, Bread and Cheese to get rid of him, and while I was drinking with my Friends he took an Opportunity to steal the Mare. The Prisoner was afterwards taken with the Mare, and I am sure she is the same that Weston put into his Stable while I was drinking. When the Prisoner was secured, he begg'd my Pardon, and said he was sorry he took the Mare. He likewise confess'd the Fact before the Justice.
Jonathan Weston . Mr. Fearon came on the 15th of last Month to my House, the Queen's-Head, on Bushy-Heath , and deliver'd the Mare into my Hands; he desired me to take Care of her, for she was at to slipt her Bridle; so I shut her in secure, and in the mean Time the Prisoner came in, and said he was a Deserter, and if any Body would carry him to his Colonel, there would be 20 s. Reward for them. In a little Time, I saw the Prisoner in the Stable, and turn'd him out, and about an Hour afterwards, I went to fetch Fearon his Mare, but she was gone. The next Day as I was going to Smithfield, to enquire after her, a Man came to me, and said he had got both Man and Mare. The Prisoner was brought back, and own'd that he took the Mare out of the Stable, but in Excuse said, he design'd to ride to his Colonel, and send her Home again.
Nicholas Kemston . On the 15th of Dec. about Five in the Morning, the Prisoner came on the Back of the Mare to the Swan, at Kensington-Gravel-Pits , and desired me to put her into the Stable, and give her some Corn and Hay; I told him we had no Stable, but there was a Shed with a Table in it, and he might draw the Table out, and the Mare might eat there; he call'd me out and gave me his Garter to te to her Bridle, for he said she was apt to slip it, and get loose. I suspected he did not come honestly by her, so I and the next Witness agreed to stop him, and we would have had him rode back again, but he would not.
John Whittle . This Kemston told me of this Affair, and I had a Suspicion that the Prisoner stole her; he said he came from Enfield-Common , and was going to Hammersmith to his Master, but he could not tell his Name; I then desir'd him to let me ride behind him a little Way; he refus'd, and said the Mare was lent to him by Farmer Fearon .
Prisoner. This Man ( Fearon ) did say I might have the Mare to ride to my Colonels, and get my Discharge; I never offer'd her to Sale, but design'd to send her back again. Guilty Death .