John Taylor proceedingsdefend , of St. Sepulchre's , was indicted for stealing a Bay Gelding, Value four Pounds , on the 27th of Sept . Last, the Property of Mr. Willington proceedingsvictim . The Prosecutor depos'd, That he miss'd his Gelding out of a Field near Peckham , and going to Smithfield, saw an Hostler upon the Back of it, without a Saddle, upon which he asked the Hostler, if the Gelding was to be sold was who said Yes and asked five Pounds for him, the Prosecutor saying, he might perhaps buy it cheaper of the Owner, and desiring to see him, the Hostler went with him to the Prisoner, who said he was not the Owner of the Horse, but had him to sell for a Friend, and would have four Pounds for him; upon which the Prosecutor took him by the Collar, and said, He should bate every Penny but a Halter, and then caused him to be apprehended. He said in his Defence, That he had him of a Friend of his, one Swindal, who belong'd to the Sea, and promised to be in the Way, but after he was taken, no such Person could be found. He then call'd several, who gave him a very good Character, one Mrs. Winn in particular said, she had intrusted him with 150 l. Worth of Plate at a Time, and he behaved very honestly, the Jury found him Guilty . Death .