178. + William Joyce proceedingsdefend , of London, was indicted for stealing a bay gelding, value 15 l. the property of John Thompson proceedingsvictim , Esq; Feb. 1 .

John Thompson < no role > . I have a field joining to Great Marlow Bridge, in the parish of Bisham and county of Bucks . I lost a brown bay gelding with a bald face fourteen hands three inches high; it was in the field on the 18th of January, and on the 19th it was gone: the gelding was stopped at the King's Head in Smithfield. I sent my servant into the market to the person I bought him of, to ask him if he should know him; and in about half an hour he was brought to the toll book to be tolled - I was directed by an advertisement of Mr. Perry's in a news-paper, to go to the King's Head in Smithfield, and there I saw my gelding.

William Hrare < no role > . I am servant to Mr. Thompson; I was in town with my master when the horse was lost; he had an account sent him of it, and the next Friday but one I went to Smithfield to see if I could hear any thing of him. The first man I saw was Mr. Perry, the person my master bought him of. I asked him if he remembered such a horse he sold to a gentleman in May last, and described it: he said he remembered the horse very well: then I told him the horse was lost out of a field belonging to my master, and desired if he should see any thing of him to detect the person, or stop the horse; he told me he would, and I heard nothing further till the horse was advertised. My master and I went the next day to the King's Head in Smithfield, and saw the horse.

Collins Perry < no role > . The first of this instant February Mr. Thompson's servant came to me in Smithfield, and asked if I remembered such a horse that I sold his master in May last; I said very well; he said the horse was lost, and desired I would endeavour to find him out. About half an hour afterwards just by Long Lane in Smithfield the horse crossed me; what Mr. Thompson's man had said came fresh into my mind, and I took hold of the bridle; I said, friend, where are you a going? he said he was going home - his name is Thomas Dunn < no role > . I said I believe this horse is stole, you must go to the toll book. He said he would. I went to the toll book, and there were the names of the seller and the voucher entered. Presently after, Mr. Dunn met the seller of the horse (the Prisoner at the bar.) Mr. Dunn had paid him part of the money, but would not pay the whole till he had him tolled. There was a voucher brought, and the voucher said they gave him a shilling to vouch for the horse, and pulled the shilling out of his pocket, but he said he did not know any thing of the horse, so we secured the Prisoner, but the voucher run away. I had forgot Mr. Thompson's name, and did not know where to find him without sending down to great Marlow, so I published an advertisement the next morning, and Mr. Thompson came and claimed the horse.

[Mr. Dunn was called, and Mr. Perry said he was in Court yesterday, but had the misfortune to fall down and break his arm]

Q. When the Prisoner was charged with the horse, did he say, he had sold it to Dunn, or did he not?

Perry. Dunn wanted the money again that he had paid the Prisoner for the horse, and the Prisoner said, I can't give it you now, but, upon my soul, you shall have it.

Prisoner. Where did you see me?

Perry. About fifty yards off the toll-book, you and the voucher together.

Q. Did the Prisoner, after you had been at the toll-book, endeavour to make his escape?

Perry. There were twenty of my acquaintance round us, that he could not get away, if he would. The person I left in charge with him at the King's head, while I went for a constable, said he would have got out at the window.

Richard Wright < no role > (constable) took charge of the Prisoner, and carried him before a magistrate, who committed him.

Francis Clarke < no role > . I live at Grays in Essex. I have kept a farm there some years. The Prisoner lived with me three or four years.

Q. How long is that ago?

Clarke. About two years. He was the best servant I ever had in my life; and I wish I had such another now. I had him from a gentleman who lives near me, and had a very good character of him. I heard that gentleman say lately, he was a very good servant. - I am far from thinking that he would be guilty of the fact he is charged with. Guilty Death .