John Cock . I put up my horse, it was a bay gelding, at the George inn, in the borough of Southwark , on the Monday before Christmas last; he was taken from thence that morning, and I found him at Barnet two or three days after Christmas, in the custody of the constable name Buckle, I went before a justice, and swore to him as my property.
Philip Edwards . I am one of the hostlers at the George inn, in the Borough, I took in a little black horse, that the prisoner took into the inn upon, on the Monday before Christmas day; the prisoner said he must have him taken good care of, for he had come forty miles that night. I belonging to another stable, told him the man that belonged to that stable would be there in two or three minutes. He said he must take him out and go elsewhere, for he could not stay; so he was in a hurry to have him out again, and took out a wrong horse, which was Mr. Cocks's.
Q. What colour was Mr. Cock's house, and how high?
Edwards. It was a bay horse, about fourteen hands high. I stopp'd the horse, and put him in again, and told him it was not his horse. Then the prisoner walked up the yard and would not have his house then I went to my stable. After this Mr. Cock's horse and the prisoner was gone, and the prisoner's black horse was left.
Q. from the prisoner. What time did I come in that morning ?
Edwards. About seven o'clock in the morning.
B. Jones. About the eighteenth of December last; at night, the prisoner, came to my house, the Ship and Dragon at Barnet, on a bay horse about 14 hands and a half high : I apprehended him on suspicion of robbing the Darby waggon. I went to St. Athan's and fetch'd the box that had been stole out of the waggon, which was found in the field. The prisoner was sent to St. Athan's goal. I read the advertisement on the 19th, of a horse being last, which answered to the horse the prisoner rode. I let Mr. Cock know of it, he came and swore to it, as his property. The prisoner sent a note to me from goal, to deliver his horse to the constable, which I did.
Q. Is your house in Middlesex or in Hertfordshire ?
Jones. My house is in Middlesex.
Joseph Buckle. I carried the prisoner to St. Alban's goal, the horse was delivered to me by Mr. Jones, it was a bay horse about thirteen or fourteen hands high: Mr. Cock came and swore to him.
Q. What did he ask for him?
Youlding. He asked six pounds for him, or six guineas, and said he was his own property.
Q. Did you ask him first to sell him?
Youlding. Yes I did.
Thomas Harrison . The prisoner offered to sell the horse to me, the same day he offered him to Mr. Youlding, for six pounds or six guineas. We were at the constable's, but the horse was at Mr. Jones's.
Q. What sort of a horse was it?
Harrison. It was a bay horse about fourteen hands high.
Q. Did you first ask him to sell this horse?
Harrison. I can't tell whether I did or not.
Samuel Farney . I live at the Dolphin at Holloway, the prisoner came to my house with a boy behind him, the Monday before Christmas about three o'clock in the afternoon; he asked me if I could write, I said I was busy in attending upon some of the Birmingham waggons. He put his boy into a Birmingham waggon, at my door; he was on a bay gelding, about fourteen hands high. My wife wrote a letter for him. He said he was going to sea that night, and that he wanted to dispose of his horse, and asked me if I would buy him.
Prisoner. My lord, ask that witness if he did not offer to go with me to Gravesend, and to buy the horse.
Farney. The prisoner would have had me to have gone with him to Gravesend, and bought the horse; and brought him home from thence :
I was going on board a ship, I came up from Gravesend, to put out my little boy into the country; I came all night on the Monday night; the captain told me he should fail away on Tuesday at two o'clock. I rode my horse into the inn in the Borough, and called for the hostler ; I did not think
Q. to Jones. Did you see a boy with the prisoner ?
Jones. No, my lord, not till I came to St. Alban's, there was a boy came down stairs at the inn where the waggon was that belong'd to the prisoner.
Q. to Farney. Which way did the prisoner come when he came to your house with the boy?
Farney. He came from Highgate, and my house is between there and London
Q. Which way did he go from your house?
Farney. He went away towards London, and took up a man behind him, and he staid in Woods-close.
Prisoner. The horse I brought to the Borough, was my own horse, about thirteen hands high ; I did not know I had the wrong horse, till I came on that side London, it being dark; so I thought I might go on to carry my boy to the waggon.
Cock. He had also my bridle, saddle, and saddle cloth.
Q. Did you see the black horse of the prisoner's?
Cock. I did.
Q. What is the difference as to their value ?
Cock. Mine was above 4 l. better than his.
Guilty . Death .
He had another indictment against him, for robbing a pack-horse on Finchley-Commons see his wife tried for it, with others, No. 425, Alderman Alsop's Mayoralty; see him also tried for stealing two silver tankards, No. 573. in Alderman Calvert's Mayoralty.