164. (M. 1st) Francis Unwin proceedingsdefend was indicted for stealing a snuff-box, value 3 d. a child's cap, value 1 s. and a woman's pocket-book, value 6 d. the property of Susanna Birtue proceedingsvictim , privately from her person , Jan. 18 . +

Susanna Birtue < no role > . On the 18th of January I went to Drury-lane play-house with the things laid in the indictment in my pocket. The cap was in the pocket-book. There was a very great croud in going in. I went to the two-shilling gallery, and when there I missed the things mentioned.

Edward Rogers < no role > . I am a constable at the play-house in Drury-lane. Mr. Gandle and I were in the Rose passage; he came to me and said, There is a man robbing a woman in the passage. We went and took him. It was the prisoner. He refused to be searched, till we got him before Sir John Fielding < no role > . I believe the box was picked up in the passage: the book and cap were found upon the prisoner and a card in it.

Q. to prosecutrix. Was there a card in your pocket-book?

Prosecutrix. There was.

Mr. Gandle. I am constable. On the 18th of January I was in the play-house passage before the doors were open. There being a great croud, I had an order from Mr. Garrick to attend the house this being the Queen's birth-day. I saw the prisoner by the side of this lady, and, to my apprehension, he took something out of her pocket. I saw a box in his hand which was thrown down and trod-upon. (The snuff box produced; he takes it in his hand). I cannot say this is the same. I called Mr. Rogers, and we apprehended him. I took this box up by the side of the prisoner; then we took him into the lobby. He was not willing to be searched in the play house. We took him before Sir John Fielding < no role > ; there I searched him and found this pocket-book in his pocket; the cap was in it. (Produced in court).

Prosecutrix. These and the snuff-box are my property.

Gandle. First of all the prisoner said he found the book, and after that he said I put it into his pocket. The gentlewoman was gone into the play-house with the croud.

Q. Did you see the prisoner take any thing from the ground?

Gandle. No, I did not. I saw him stoop, and I saw his hand towards the lady. I had a suspicion he was about her pocket.

Prisoner's Defence.

That very night I was going to the play Mr. Gandle came up to me and charged me with picking pockets. I said, You are under a mistake. I was agreeable to be searched before all the gentlemen, and took out my watch, my money, and all I had. The gentlemen said, The man has nothing about him but his own property; then Mr. Gandle sent away immediately to Sir John Fielding < no role > 's; there I was searched.

To his Character.

Samuel Whitehouse < no role > . I am a jeweller, and live in Cold-Bath-Field. I have known him four years; he always bore an honest character.

Thomas Dean < no role > . I keep a public-house in Norman's-Buildings in Old-street. I have known him seven years: his character is that of an honest man. I never heard to the contrary. I have bought china and handkerchiefs of him.

Thomas Whitehouse < no role > . I live in Brick-lane, Old-street. I have been in his company several times, and have known him about two years and three quarters. I am a horn-button maker. I never heard but his character was that of an honest man. He did live in the Strand. I have heard he is a butcher by trade. I bought a pair of handkerchiefs of him once.

Thomas Smart < no role > . I am a cutler, and live in Holloway-street in the Strand. I have known him ten years and upwards, and have been intimately acquainted with him that time. I never heard any thing but that he was an honest, industrious worthy man. I know he did lett lodgings, and he letts small sums of money out to use. I never heard, or had cause to think any other of him, than that of an honest man. He deals with sailors that come from India. I have been with him at Blackwall.

Guilty 10 d. T .

See him tried, No. 132, in Mr. alderman Janssen's mayoralty; and No. 59, in Bethell's; and No. 72, in Kite's.