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Benjamin Burgar carries out citizens' arrest in 1825
The following details come from the Old Bailey proceedings concerning the trial of George Wilson in December 1825. 285
Middlesex Cases, Fourth Jury, before Mr Common Sergeant.
George Wilson was indicted for stealing, on the 14th of November, a pair of shoes, value 8s, the goods of Benjamin Burgar.
Benjamin Burgar. I am a draper and salesman, and live in Hospital Row, Chelsea. Charlotte Ashton came to my shop on the 14th November, about three o'clock, and pointed out the prisoner as having taken a pair of boots from my door. I followed and found them on him. I had seen them safe on the story post of my door, about half an hour before. He asked me to forgive him.
CHARLOTTE ASHTON. I saw the prisoner cut the boots away from the door, and put them under his arm. He walked away in the company of another boy. I went and told Mr Burgar, who took him with them.
RICHARD MAYBANK. I am an officer. I took the prisoner, and have had the property. (Property produced and sworn to)
GUILTY. Aged 15
Transported Seven Years
So poor young George Wilson is sentenced to 7 years in an Australian penal colony.
QUEEN-SQUARE Court: George Wilson a lad about 15 years of age, and by trade an ironfounder, was charged with stealing a pair of Bolivar boots from the shop door of Mr. Benjamin Burgar, of Royal Hospital Row, Chelsea, draper and salesman.
Charlotte Ashton, an interesting-looking young girl, was crossing over in the direction of Mr. Burgar's shop, at about ten minutes before three o'clock the preceding day, when she observed two boys, one of whom left the other, when the prisoner cut the boots from the shop door-posts. Witness then went into the shop, and told Mr. Burgar what had happened, who ran after the prisoner and secured him, but the other boy escaped.
Mr. Burgar corroborated the evidence of the young lady and said, that when he overtook the prisoner, the latter said, " Pray forgive me, for it is the first time I have taken anything from you." When he asked the prisoner where he lived, he answered in Lambeth.
Prisoner: l had lived there; I was born there, in Union Streett, Lambeth.
In answer to a question from the magistrate, Mr. Burgar said that the boots were hanging within the line of the door posts, though hanging out.
Mr Gregory: Wherever goods are unnecessarily exposed, in cases like yours, it is not only a great temptation to thieves, but you must prosecute at your own risk. I am afraid that this is a case in which, although bound over to prosecute, your expenses will not be allowed by the Court.
Maybank, who searched the prisoner, found only three-pence on his person.
Wilson was fully committed to Newgate, and the parties were bound over to prosecute.
Mr. Gregory: Mr. Burgar, it would be better if you kept your boots a little more within the door. If this young girl had not happened to be passing at the time when the theft was committed, it is pretty clear that you would never have apprehended the prisoner.
So, Benjamin retains his shoes but has to pay some of the costs of prosecution.
After his arrest George Wilson, was taken to Newgate and thence to the Old Bailey.