Christian Henry Kleinsmeide proceedingsdefend , of St. James Westminster , was indicted for stealing out of the House of John Smith < no role > , a Wastcoat, value 1 s. 6 d. a silk Cap, a Penknife, 2 Handkerchiefs, a Holland Shirt, and a Ring , the Goods of the Marquess Peter Carraccioli proceedingsvictim , on the 17th of July last. It appeared, that the Marquess, going to Paris, ordered the prisoner, his Servant , to pack up his Goods in London; but when they landed in France, the Goods in the Indictment were missing; and asking the prisoner where they were, he answered, he having forgot to pack'em up, had left'em at London. That the Marquess was pretty well satisfied with that Answer; but soon after, when they were at Paris, the prisoner play'd some Tricks with the Marquess's Mistress, for which he was discharg'd from his Service. The Marquess returning to London, and not finding the Goods, caus'd him to be apprehended for stealing them. The prisoner said, his Master gave him the Wastcoat, and brought witness to prove that he had often wore it in his Master's Service. As for the rest of the Goods, the Marquess could bring no proof that the prisoner had taken'em. The whole appearing to be a malicions Prosecution, the Jury acquitted him.