John Evans . I live at Luisham in Kent. The horse I lost I saw in a field belonging to me the 14th of August at night, and on the next morning he was gone. I had him again the Saturday following; he was brought to Goldsmith's-hall, for me to see if it was mine.
Jonathan Waters . I bought this horse of the prisoner in Kingsland-road, I did not pay for him. I was to have given a guinea and a half for him, but I would not pay for him untill he was vouch'd to me. The prisoner came and owned him.
John Warrington . I was in Smithfield the day the prisoner was apprehended; the prisoner and Waters were together at a publick house there, the King's head, where I was ask'd to go in. I was told there was a very odd affair. By their discourse together I apprehended this horse was stolen. I told Mr. Waters, I thought it would be best for him to secure the man, and advertise the horse, then he might have an opportunity to bring a rogue to justice, and shew himself an honest man. After that a pretended, or real, servant of Mr. Waters's came in and whisper'd to him, and upon that they all three went out of the room together. Then I said, I believed they were all rogues, and I was afraid they were going to let the man run away. I said to my neighbour, Thomas Mogeridge , if he would assist me, I would detect him, and charge a constable with him. We went out of that room and found them all three together in another. I ask'd them, what they were going to do with the prisoner? saying, they must not let him go. Waters and his servant said, we have no business with him, and we will not detain him; that gave us more suspicion. We then were determined to detain him; accordingly I took hold of the prisoner, and said, I would charge a constable with him: Waters and his servant both interposed, and said we should not detain him, and laid hold of him to take him away; the servant threaten'd to knock me down, and swore desperately; I had much difficulty in saving myself from being push'd into the cellar. We at last got them all back into the room they were first in, then we sent for a constable and charg'd him with all three; the se rvant made an offer to go towards the door. I said to the constable, that fellow is going to run away, I desire you would take care of him; upon that the constable and I went after him, he was then got out at the door, and stood upon his defence, and said, the first man that came near him, he would beat his brains out. He ran away, and we after him, we cry'd out, stop thief, he was taken and brought back again. We insisted upon their going to the Counter that night; the constable took seven guineas of Waters for his appearing, the prisoner and the servant were carried to the Counter; and after they all apeared before my lord mayor, at Goldsmith's-hall; the prosecutor was there and swore to the gelding.
Prosecutor. The prisoner said, he bought the horse upon the road late at night, but he knew not where the man lived, or who he was.
Please to take it into consideration; is it likely I should steal a horse within four miles of my own house, (I live in Shoreditch) and come to sell him in Smithfield? I bought him of a man I am acquainted with, but I don't know where he lives. I gave three guineas for him: I had put myself out of money: I had set him up in Kingsland road,
Guilty Death .