William Hutcherson . I lost a grey mare out of a stable the 17th of March, about eight at night, at a place called March in the Isle of Ely ; the prisoner was the ostler there at the sign of the Griffin, where I had put her up. The next day I heard he was gone for London upon my mare; I pursued him on the Wednesday morning; I met a neighbour who told me he had seen him upon my mare without bridle or saddle. I heard of him at several turnpikes. At last I found my mare at the Cock in Tottenham-court-road in the stable; I told the landlord it was my mare; he shewed me a receipt, and said he had bought her of the prisoner, Powel, for 4 l. there was his name on the receipt; he was unwilling to part with her; we went both together to justice Fielding, there I swore to my mare; he took out a warrant to take the prisoner up, and took him; then we three went before the justice, there the prisoner owned he brought the mare from March, upon which he was committed. I have the mare now in my possession.
Prisoner. The prosecutor knew of my taking her away; he is a relation of mine, and I thought no harm in it.
Prosecutor. He is not related to me. I knew nothing of his taking the mare away.
Francis Taylor . I live at the Cock in Tottenham-court-road; I believe on the 19th of March, I was in the yard, there came three men into it, the prisoner was one of them; he asked me if I would buy this mare? there was a man that I had some knowledge of was one of them; I asked him if he knew the prisoner? he said he did, and that he was a very honest man. The prisoner asked me six pounds for her; I bid him three pounds ten shillings, he said he would not take it; at last I bid him four pounds, then they consulted among themselves, and agreed I should have her; he delivered her to me and gave me a receipt, which he wrote in my book, and we spent a shilling each for a bottle of wine. After that I was going to Smithfield, and met a friend, who gave me a printed bill, and said the mare was stole. After that I found the prosecutor ous, and we went before Mr. Fielding, and there he swore to the mare. The justice granted me a warrant to take the prisoner; when I returned home there were two men that wanted Powel, one said he was his father, the other said he was his ship-mate, and that he lodged with him; I went to his house and took the prisoner there.
Q. to Prosecutor. What value do you set on the mare?
Prosecutor. I was bid ten guineas for her that morning, find or not find her. I would not take twenty guineas for her.
I was in liquor when the men came and persuaded me to sell the mare; I was going to Smithfield in order to send her home by the Drovers.
Guilty , Death .