Benjamin Gawthorn

174

Iris Dunne on 28th November 2021

The Proceedings of the Old Bailey SAMUEL WESTBROOK, BENJAMIN GAWTHORN, WILLIAM DOLLY, SARAH BAKER, Theft > housebreaking, Theft > receiving, 15th May 1834. 825. SAMUEL WESTBROOK , BENJAMIN GAWTHORN , and WILLIAM DOLLY were indicted for feloniously breaking and entering the dwelling-house of John Bell , on the 3rd of May , at Norton-falgate, and stealing therein 2 shawls, value 4l. , his property, and SARAH BAKER for feloniously receiving 1 shawl, value 2l. part of the said goods, well knowing them to have been stolen against the Statute. 2nd COUNT, for receiving of an evil-disposed person. JOHN BELL . I live at No. 4, Norton-falgate, in Middlesex . I am a linen-draper - on Saturday, the 3rd of May, between nine and ten o'clock, a boy, named Ware, ran into the shop and gave me information - I ran out, and saw Gawthorn running a few yards from the shop - I pursued him into Spital-square, crying "Stop thief" - I could not overtake him - he ran into White Lion-street, where a policeman took him - I saw him taken - on returning to my shop, I observed a square of glass which had been previously cracked, was broken - I think it must have been cut - it was cracked before, or cut - I found some of it had been removed, sufficient for a hand and arm to be introduced through the window - I missed from the window two shawls, which I had seen safe about seven o'clock - I have since seen them both, they are worth 4l. together - I have since seen a piece of glass in the hands of the policeman H 93 - it formed part of the pane of my shop window - it exactly fitted the vacant space - I am the occupier of the house. ROBERT DAVIS (police-constable H 36). On Saturday, the 3rd of May, I was in White Lion-street, Norton-falgate, and heard the cry of "Stop thief" - I saw Gawthorn running, followed closely by Bell and the witness Ware - I stopped him and took him to the station-house - he cried,"Stop thief," when I stopped him - he said, at the station-house, that he knew nothing about it, that he was merely pursuing - nobody was running before him, I am certain, for I met him. Cross-examined by MR. JONES. Q. Do not you know Ware to be a reputed thief? A. I have every reason to believe he is one - I have heard of him - I never had him in custody - I never saw him in this Court, nor in custody; nor ever spoke to him before this transaction - he is brought here from prison to give evidence in this case - I believe he is remanded on a charge of felony - he was committed yesterday or the day before - I have never given Ware any thing for the information he gave me - I do not know that any one else has. FERDINAND McKEE (police-serjeant H 4). On the night of the 3rd of May, about ten o'clock, I was in White Lion-street - I heard a cry of "Stop thief," in a direction from Spital-square - I went to the spot the voice came from, and met Westbrook running - I took him into custody - I caught him in my arms - he ran into my arms - he dropped this shawl, which I produce, from under his jacket - it was not thrown from his hand, I know - I took him to the station-house. Cross-examined. Q. Were any other persons running at the same time? A. Nobody within a dozen yards of him, I swear - I saw him drop the shawl when I had hold of him, and I took it up - it was dark - he could not see me as I was in the dark - I know Ware now - I never saw him before, to my knowledge - nobody has paid him for his information, to my knowledge. MARK MEADOWS (police-constable H 93). On Saturday, the 3rd of May, I was on duty in Spital-yard, between twelve and one o'clock, near the square - I saw this piece of glass lodged up against the wall - I picked it up, and, hearing of Bell's robbery, I took it to him, and asked if he knew any thing of it - he fitted it to his window - it exactly corresponded with the hole. Cross-examined. Q. Did you see Ware that night? A. I did not, and did not know him. WILLIAM HOLLAND (police-constable N 114). I was in the Kingsland-road, on the 3rd of May, and took a person, named Sully, into custody, but the bill against him has been thrown out - I took him on the information of Ware. Cross-examined. Q. Did you know Ware before? A. I did; I have him in custody now, and had him here last sessions in custody - I took him into custody charged with attempting to steal a pair of trousers - he was admitted evidence against the Pickards, and gave evidence here, and he is now in custody on another charge; but I think it is a conspiracy myself; I think somebody now has conspired to get him into custody - I have seen Ware once since this - he has not been paid for giving information on this subject. to my knowledge; nor fed, nor clothed, by any body. GEORGE LAWS (police-constable H 81). I received information, in consequence of which I apprehended Dolly - he was given into my custody on the Sunday - I took him to the station-house - I found two duplicates on him - oneof them led me to a pawnbroker's where I found a shawl - I went to Mr. Bell - he claimed the shawl. THOMAS COMBS . I am shopman to Peter Pige, of Swan-street, Bethnal-green. I produce a shawl pawned at our shop by the prisoner, Sarah Baker - I have the counterpart of the duplicate - one of the duplicates produced corresponds with it - it was pawned for 6s. on Saturday night, the 3rd of May, after the gas was lighted, in the name of Ann Baker - she said it was her mother's, and she lived at No. 2, Church-street - I attended, when there was a charge against Dolly, at the office - at the door of the office I saw Sarah Baker - I told an officer, and she was taken into custody - it was between nine and eleven o'clock- our shop is nearly half a mile from the prosecutor's. Baker. The pawnbroker did not ask me who sent me to pawn the shawl. Witness. I said, "Whose is this?" - she said, "Whose do you think? - it is my mother's" - I have known her three years. JURY. Q. Is her mother likely to be possessed of such a shawl? A. They are working people, but respectable. MR. BELL re-examined. This is my shawl - it is worth 30s., and is one of the two I lost that night (looking at the one produced by McKee) - this is my property - I have a private mark on each of them - I invariably attach a small ticket like this for the young men to know, and I attach another private mark which I can swear to - both have my private mark on them, by which I can swear to them - the robbery was between nine and ten o'clock. Cross-examined. Q. Is the same private mark used by more than one linen-draper? for instance, I suppose you have been a shopman yourself before you were a master - have you taken for your own private mark any private mark used in that shop? A. No; my private mark was my father's, who has been out of business eighteen years - I never saw the same mark in the trade - it is, "God is my help," and there is a piece of thread besides drawn into the shawl, which I always take off when I sell an article, but my shopmen, I believe, do not - I do not always put the thread on - it is a private mark to prevent my shopmen robbing me. HENRY WARE . I am the son of John Ware , who is a cabinet-maker, and lived in Ingram's-buildings, Willowwalk, but he has removed from there now - I have been the associate of thieves until recently, and concerned in several depredations - I was examined last sessions, and stated several robberies in which I was engaged - I was in custody as a witness, and am now in custody on a charge - on this night three weeks, as near as I can recollect, the three prisoners and another one were in Norton-falgate between seven and eight o'clock - I was on the opposite side, and saw a piece of glass shoved in - I saw the three prisoners and another lurking about - I watched them, and saw Westbrook go and shove the glass - they all three left it for about an hour, or rather better, and afterwards they came and stood under the gateway where I was standing, and looked at me - they went away for about an hour or rather better - I followed them to Sun-street - they came back - then Westbrook went and shoved the glass in more- that was between nine and ten o'clock, or half-past nine- the other prisoner who is not here took the glass out, and went round the corner with it leading to Spital-square - they all came and stood under the gateway - I heard the prisoner, not in custody, say, "We will strip the b - y shop before we leave it," and directly after Dolly and Sully, the one not in custody, crossed over, Sully took out a shawl, and gave it to Dolly, who went round the corner with it to Spital-square - afterwards Westbrook and Gawthorn went up to the window - Gawthorn took out another shawl, and gave it to Westbrook - I gave information immediately to Mr. Bell, and he ran after them. Q. Have you received any assistance since you were here, or before, from the police to enable them to find out offences and prosecute parties? A. No; I have had no money from any policeman. Cross-examined. Q. How old are you? A. Thirteen; I am not the associate of thieves now - I have reformed since last sessions - I was not committed for stealing a handkerchief, but for giving it to another boy - I was walking about on the evening in question on no business at all - I was living with my father at the time, he was supporting me - I never slept out a night hardly - I always slept at home - most always - I cannot say how many nights I have slept in Newgate - I have only been in Newgate as a prisoner once - that was two or three sessions ago, on suspicion of stealing a gold watch - I cannot say how long I was in Newgate for it - I think it was more than a week, not so long as a month, before I was tried and acquitted - I was regularly tried and acquitted - I was remanded to Clerkenwell about the watch - I have been kept in the House of Correction for evidence - I was never in the House of Correction on any charge, but for stealing the gold watch - I have been charged with felony twice, I believe - once besides this. Q. How long were you the associate of thieves before you began to reform? A. Two years; I have got my living by working for my father - I did not leave home when I began thieving - I was thieving when I was living with my father - I worked for my father about two months, and then left him - I never left my father till I was in confinement - I was not employed by any one to watch the prisoners, or any other person - I have never been employed on similar errands - I have not been paid any thing by any body for the information I gave about the prisoners - I have lived with my father until the day before yesterday - I remember being a witness here against the Pickards. Q. Do you remember, after that, saying, "Did I not do well to transport them all?" A. No; I said nothing of the kind - I have known Westbrook to sell baked potatoes - I do not know that he is a weaver - I was standing in a passage when I saw this business transacted - I was eight or nine yards from them, I should think - I saw distinctly which gave the shawl to the other - I should have gone over to give information, before they took the second shawl; but somebody belonging to them was standing in the passage. Q. You have said, in your deposition, "When the shawl was given to Westbrook he put it into his apron?" A. I saw his apron up, and the shawl was half way out of the window, and I could not see exactly whether he put it under his apron - I swear he had a black apron on that night. FERDINAND McKEE re-examined. He had an apron on when I took him. Q. Did you not say, when first examined, that he dropped it from under his coat? A. His jacket or apron - I did not mention the apron before; but said, "He dropped it at his feet." Westbrook's Defence (written)."I had been out all day to look for work, and as I was passing through Norton-falgate, I heard the cry of "Stop thief." I incautiously run to see what it was, when I was taken into custody." ELIZABETH WESTBROOK . I am a widow. The prisoner is my son - I have four more children - he lived with me in Turville-street, Church-street, Bethnal-green, in May last - he has worked at Mr. Jackson's, who makes things for the weavers - I remember his leaving home on the 3rd of May- he had not an apron on when he left my house, about two or three o'clock - I did not see him afterwards, till I was informed where he was. SARAH GAWTHORN . I am the prisoner's sister. On the night in question he left my house, in Old Nicholl-street, at half-past eight o'clock - it is not five minutes' walk from Norton-falgate. WESTBROOK - GUILTY . Aged 16. GAWTHORN - GUILTY .* Aged 16. DOLLY - GUILTY .* Aged 19. Transported for Fourteen Years . BAKER - NOT GUILTY .

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Paul Wigley on 27th November 2021

Ticket of Freedom on 23 Dec 1848.

Hi, Here is the record from Old Bailey Online http://www.oldbaileyonline.org/browse.jsp?id=t18340515-86-defend859&div=t18340515-86#highlight Not sure if there is a link to my own family name of Gawthorn