John Miller proceedingsdefend , was Tryed for stealing one Periwig, one Cloath Coat, one pair of Holland Sleives, and one Holland Shirt, valued as 3 l. from John Gardner proceedingsvictim of the Parish of St. Dunstans in the West , on the 5th. day of February : The Evidence against him was Gardner and others, who deposed, that the Prisoner under pretence of his Lodging being taken up, procured to lye with Gardner, as having been formerly his intimate Acquaintance, by which means he had an opportunity to take away the Cloaths, and departed early in the Morning, yet soon after was found with them on his Back; but he pleaded in his own defence, that it was rather by mistake, than any intent to steal the Apparel, or that presuming on the Familliarity he had with the Prosecutor; he insinuated that he did at most but borrow them, with an intent to restore them and it moreover appearing, that he had left part of his own Cloaths in their stead, he was Acquitted .