In August 1861, Johns caught an unbranded stallion and branded it with his own mark. This was effectively horse stealing, and when the police heard of this they arrested him at their first opportunity. The horse was taken as evidence, and Johns was placed in the Toodyay lockup. Sometime during the night, Johns broke out of his cell, and stole the horse once more, taking also the local magistrate's brand-new saddle and bridle. He was caught the next day but, while on the run, he had killed the horse and cut his brand out of the hide, thus destroying the evidence. Consequently, he received only a three-year sentence for jail-breaking, whereas a typical sentence for horse stealing was more than ten years.