169, 170. (M.) James Donaldson proceedingsdefend , and William Robinson proceedingsdefend were indicted for stealing five linnen shifts, val. 20 s. three neckcloths, val. 3 s. one sattin waistcoat, val. 5 s. one worsted waistcoat, val. 5 s. and twenty half guineas, the property of Charles M'Carty proceedingsvictim , in the dwelling-house of the said M'Carty , March 18 . *

Charles< no role > M'Carty. When I was robbed I lived on Little Tower hill . I lost the goods and money mentioned in the indictment; I was not at home at the time they were taken, which was on the 18 of March.

Mr. Simpson, who keeps a public house in the parish of Greenwich, deposed, on the 25th of March the two prisoners came and enquired for a lodging for a night, that they run up a score, and staid day after day, he wanted them to pay and be gone; he begun to have great suspicion of them, by observing pistols in one of their pockets; that he got assistance and had them secured, there were three pistols found upon them, and Donaldson had a shirt and two neckcloths found upon him, (produced in court and deposed to by the prosecutor) there is C. C. upon one of them, the other is taken out, but it is the same cloth.

Elizabeth< no role > M'Carty. I am wife to the prosecutor, I was out along with him at the time the things were lost. The prisoners were seamen, and lodged at my house at the time they said they were going to the India-house to receive a great deal of money, but they came no more; we had the things advertised, by which means we came by these again.

Josiah Watson < no role > . I was sent for when the prisoners were taken, and seeing one of the shirts marked C. C. as advertised, I let the prosecutor know of them. I found in Donaldson's pocket sixty-five bullets and some gunpowder, they had three pistols upon them.

Donaldson's Defence.

When we came to that house we lodged there two or three days, we were quite strangers, we got a little fuddled, and went away; we met with one Cotton, and gave him 12 s. for the shirts, and 3 s. for the neckcloths. He told us he was bound for Liverpool. We went to Greenwich to the other man's house on Friday night, we were going on ship board on the Monday: we told him we had no money, I gave him my watch for security for the reckoning. He took us up upon suspicion, because he saw pistols in Robinson's pockets.

Robinson.

I have nothing at all to say.

Guilty of stealing, but not in the dwelling-house . T .