In August 1861, Johns trapped a horse without a brand (owner's mark). He put his own brand on it, which was really stealing. He was soon arrested by the police. The horse was taken as evidence, and Johns was placed in the Toodyay gaol. During the night, Johns escaped from his cell, took the horse and the magistrate's new saddle and bridle. He was caught the next day, but he had killed the horse and cut out the brand to destroy the evidence. Without the proof he was only sent to gaol for three years for escaping, not the ten years he would have been given for horse stealing.