556. William Tyler proceedingsdefend , was indicted for stealing one black gelding, value 5 l. the property of Stephen Martin proceedingsvictim , July 27 .

Stephen Martin < no role > . I live at Enfield, in Middlesex. I lost this gelding the 24th of July, I missed him the 25th, and saw him about three weeks after on Saffron-hill, by John Burry < no role > 's. I went before the justice and swore to him, and discharged the debt for his keeping. He is worth about six pound.

John Burry < no role > This name instance is in set 3516. . The prisoner at the bar sent a man to me, on the 27th of July, to know if I would buy two horses. I said, I was going to the Princess's-Head in Rupert-street, if he would lead them there, I would talk with him. I had seen the prosecutor's horse the day before, the prisoner ask'd two guineas for him. I mistrusted he was stolen, as he was worth a great deal more. He brought the two geldings. I ask'd the price. He said, eight pound for the two. I said, friend, I believe you stole these horses, one of them is worth almost that money, and I must stop you and your boy too ( his son is about thirteen years of age) the boy fell a crying, and desired I would not send him to jail. I ask'd the prisoner where he got the horses, he would not tell me. He said, if I would let the child go, he would tell me. So I did, then he would not say any thing about it. I carried him to Bridewell, and took the horses in my possession. I took him to justice Fielding's, there he said, when he came to his trial he would tell how he came by them. I advertised the horses, and gave papers out to the news carriers. About a fortnight or three weeks after the prosecutor came to me; he told me the market of his gelding before he saw him. Then the prosecutor and I took the prisoner before the justice. The clark ask'd him how he came by this horse. He said, he stole him. The justice desired I would keep the horse till sessions I desired the prosecutor might have him away, so the horse was delivered.

Prisoner's Defence.

I had these horses of two men at Brumley fair in Kent, on St. James's day.

Guilty Death .