Robert Walton proceedingsdefend , was indicted for feloniously stealing a black Mare, value 10 l. the Goods of Richard Tinke proceedingsvictim , on the 31st of October last.

Richard Tinke depos'd, that missing the Mare out of his Stable, in Rochester , he got instant notice that the prisoner was seen riding upon her (the Mare being very well known.) He pursued him to the Turnpike at Chalk, where he heard that the prisoner (pretending to be his Servant) was rid forward without molestation. The Prosecutor still pursued him, and gaining fresh Intelligence on the Road, at last found the Mare in a Stable at the Bull Inn in Shoreditch, and the prisoner a bed in the same Inn; upon which he caused him to be apprehended, and carried before Justice Tilliard, where he confest he took the Mare out of the Prosecutor's Stable, and that he did it meerly out of Necessity.

In his Defence at the Bar, he said, that being in Debt, he was obliged to leave London privately, and coming to Rochester, accidentally met with an old Acquaintance of his, a Farrier, who gave him Entertainment for three or four Days. One Night it happen'd (as each was relating to the other his Misfortunes) that the Farrier told him he had got a most wicked Wife at London, who was about to sell all his Goods, and run away with the Money; and at the conclusion of the Story, told the prisoner, if he'd go to his (the Farrier's Father) in London, in order to prevent his Goods being sold, he'd hire him a Horse, and bear his Charges. This Request, the prisoner (in gratitude) knew not how to refuse. The Farrier then brought him the aforesaid Mare on which he rid to London, and put up in Sboreditch, because it was most out of the way of his Creditors. - But the Farrier not appearing, the Jury found him Guilty . Death .