381 + Thomas Chestney proceedingsdefend , of St. Dunstan's Stepney , was indicted for stealing a brown mare, of the price of 3 l. the property of Henry Coxhead proceedingsvictim , Esq ; July 2 .

N.B. Those Trials with this mark + shew that the Prisoners were indicted for Capital Offences, and must have receiv'd Sentence of Death, if the Jury had found them guilty of the whole Indictment .

John Potter < no role > . On the 24th of June I came up to town with my master Mr. Coxhead, and left a mare and a gelding at the globe at Mile end; and on the 2d of July Mr. Coxhead had word sent him out of the country that he had lost a mare out of his grounds at Thetford in Norfolk : I went to Mr. Smith's at the globe at Mile-end, and walk'd into the pasture-grounds, and saw the mare, and challeng'd her directly, and had her put into a stable, and left orders not to part with her; and left a note to indemnify Mr. Smith for detaining the mare

Q. What colour was it?

Potter . A dark brown mare.

Q. How long had Mr. Coxhead had the mare?

Potter . Several years.

Thomas Smith < no role > . I live at the globe at Mile-end; the Prisoner brought a mare to my house , (but I was not at home) and after he was taken up, when he was in the cage, he said he knew nothing of the matter.

Q. How, then, do you know that?

Smith. He own'd it himself, when he was taken.

Q. What sort of a mare was it?

Smith. It was a brown mare, about fourteen hands high; and he said I might work him, if I would.

Q. Did any body come afterwards, and claim this mare?

Smith . Yes; Mr. Coxhead's servant, Mr. Potter.

Q. When did the prisoner bring it to you?

Smith . On the 2d of July; and on the 3d of July Mr. Coxhead's servant came, and claim'd it. The prisoner brought a man to buy it, and then I charg'd a constable with him, and sent word to Mr. Potter: then the prisoner own'd he had the mare out of a park in Norfolk .

John Still < no role > . On the 30th of June last, between 8 and 9 at night, I went to put a horse into a pasture of Mr. Coxhead's at Thetford , where this mare was, and I saw the mare in the grounds; and the next day it was reported that the mare was stolen.

Prisoner. I had the mare upon an exchange at Stebbing , about 8 miles from Chelmsford , and I exchanged a grey poney, and gave a guinea and an half for the mare .

Q. Have you any body to prove this?

Prisoner . No; I was all alone, and was quite a stranger in the country. I had this poney but two days; I bought him at Rumford-fair .

Guilty, Death . [Mr. Potter produced a Letter which he received from Mr. Coxhead , petitioning the court, that if he was convicted, he might be recommended for mercy; he was also recommended by the Jury.]