Peter Herbert

116

Tony Beale on 16th January 2021

Old Bailey Online (DOB from here) 479. JOHN HARVEY and PETER HERBERT were indicted for burglariously breaking and entering the dwelling-house of Mary Davis , spinster , See originalClick to see original about the hour of ten in the night of 11th of April , with intent to steal, and for burglariously stealing therein, one waistcoat, value 1s. one jacket, value 4s. six sheets, value 20s. two pillow-cases, value 2s. one set of bed curtains, value 5s. one counterpane, value 1s. two window curtains, value 1s. one gown, value 5s. two aprons, value 1s. 6d. and three handkerchiefs, value 2d. her property . MARY DAVIS . I am a single woman; I have a house at No. 34, Sun-yard ; I rent the whole house; I let lodgings there; I lived there about eleven or twelve years. On the 11th of April last, I went out at about ten o'clock in the evening; I had been washing, and after that went out; I staid away about ten minutes; I locked the door after me; I am sure I locked it. When I came back again, I found it locked; I unlocked it with the key, and had hardly time to put the key in my pocket, when two men rushed out; I hallooed out stop thief; they did not touch me as they went out. After I hallooed out stop thief, they dropped a waistcoat and jacket; they were about two yards from me then? it was one of the two dropped them, but which, I don't know. I picked them up, and delivered them at the watch-house to Mr. Moore. They went a little farther, and dropped something else; the watchman took them, and I went to see what it was. The watchman and two other gentlemen secured them. I never lost sight of them from the time they went out of my house until the time they were secured. When they were secured, I went back to see what they had dropped, and found it was a whole quantity of keys, in a ridicule; one of the prisoners stooped a little when he dropped that, which I afterwards discovered to be a bag of keys. I gave those keys to the watchman to be taken to the watchhouse. I afterwards saw one of those keys tried on my lock, and it opened it. When I got back again to my own house, I found a bundle of wet clothes tied up in a strange handkerchief; that bundle was on a chair. I had left those in a clothes-basket on the table; there was another bundle of dry clothes tied up in another strange handkerchief, that was on another table. Cross-examined by MR. ADOLPHUS. I am a singie woman, and have never been married; I have kept this house for twelve years, for the occasional accommodation of sailors. Q. And their ladies - A. I don't know; any one who will pay me my rent. The jacket belonged to a lodger of mine, who is dead. When I say rushed out, I mean they came out with speed, and I ran after them, and hallooed out stop thief; they had not got past my window before I hallooed out; the keys were dropped about three doors off; the watchman took the men about four doors off. This was the night before Good Friday. These men ran pretty fast; they did not resist; they begged of the watchman to let them go. Nobody was present when I picked up the jacket or the keys. WILLIAM BRIGHT . I am a watchman. On the night before Good Friday, I was in my rounds in Sun-yard, at about ten minutes after ten, as near as I can tell, I heard a cry of stop thief; I saw the two prisoners running, and I took them into custody. Nobody was with me when I stopped them, but myself. I know where Mrs. Davis lives; it was about thirty yards from her house as near as I can guess; I took the prisoners to the watchhouse, with some assistance; the prisoners were not searched in my presence. Before I stopped them, I did not see either of them stoop down, or drop any thing. Near my box, when we came back, some keys were picked up by one of the witnesses; that was where I stopped the prisoners; my box is in Sun-yard. There were a good many keys; but I don't know how many. I delivered the prisoner to the care of the watch-house-keeper. Cross-examined by MR. ADOLPHUS. When I heard the cry of stop thief, I did not know whose voice it was; it appeared to be a woman's; the person who was crying it was about thirty yards off; I don't know whether it might be twenty, twenty-five, or thirty. I did not know where the prosecutrix's house was. Both the men were running, and when I laid hold of one, the other stooped first behind. I knew them, because I had seen them lurking about the night before; they did not resist. I saw the keys found; Newman found them; Mrs. Davis might be there to the best of my belief. I saw some keys produced the same night. JOHN NEWMAN . I am a licensed victualler. I was in Sun-yard on the night of Thursday before Good Friday; I was standing in my bar, and heard the cry of stop thief; my public-house is in Sunyard. On hearing that cry, I ran outside the door, and saw the watchman have hold of the two men; I took hold of one of the men, and went with them to the watchhouse. When I came back from the watch-house, I found some duplicates; he tore one duplicate in half, and I took the other half of it in his hand. When I came back, I picked up the duplicates, a screw-driver, and pen-knive; I picked one key up; it seemed to be a key of a little box; I did not pick up any other keys; there were skeleton keys produced while I was there by a person of the name of Wapshere. Cross-examined by MR. ADOLPHUS. Mrs. Davis had been out of our house from two to five minutes before this. To the best of my knowledge, she might have been in my house a quarter of an hour, or half an hour; but I can't say positively; I did not see her come in, I don't know whether she was in company with any one or not; she was standing at the bar; I don't know whether she was with a sailor and some young ladies. As soon as ever I came out, the watchman had stopped these men; the watch-box is only about four doors from Mrs. Davis's She came to my bar and had a glass; I did not serve her myself. JOHN WAPSHERE . I am a shoe-maker; I live next door to Mrs. Davis. On the night of Tursday before Good Friday, I had been out, and on my return, I saw the prisoner Harvey standing between the prosecutrix's door and mine; I never saw him before; he was standing nearer to my door than her's. I never took any more notice then; but went in doors. I had not been in more than nine or ten minutes, before I heard the cry of stop thief; I ran out, and they passed my door, and this jacket and waistcoat were dropped; I did not know who dropped See originalClick to see original them; they were on the ground; I pursued the prisoners, and the watchman stopped them both; the keys were dropped, and no one else was returned at that time, but the two prisoners; I did not see either of them stoop; Mrs. Davis was following, and she stopped to pick up the waistcoat and jacket; she picked up the keys, and gave them to me; one key dropped out of the ridicule, and somebody else picked another up; but I don't know who. After I found the two prisoners were safe in the watchhouse, I went back and then these skeleton keys were found. I went with the prisoners to the watchhouse; Harvey as he was going along, tried to get his hands into his breeches pocket, and dropped something out just by the watchhouse, it was duplicates; he had torn one in half, and thrown half away, and the other half was taken out of his hand; I left the keys in custody of the officers; Thomas Moore was there; I did not see the keys tried to the lock then; but afterwards Mr. Moore came back with me, and examined the premises, and the keys were then tried, and one of them opened the door. Cross-examined by MR. ADOLPHUS. I was not present when Mrs. Davis picked up these keys; she picked them up in a ridicule; they dropped ridicule and all. THOMAS MOORE . I am a constable, and there were some keys delivered to me, fourteen; I believe Wapshere brought them; there are nine of them skeletons; I tried some of them on Mrs. Davis's door, and one of the skeleton ones opened it; I tried it at about eight o'clock the next morning; I took charge of these two bundles, which I have had ever since. THOMAS HARRISON . I am the watchhouse-keeper, and recollect the two prisoners being brought. These keys were produced; the constable took part of them away, and I have two in my possession; Moore was the constable. The two I have are common keys. (Property produced, and sworn to.) Harvey's Defence. My Lord, and gentlemen of the Jury, I had been drinking on the evening, in question, and I was returning home soon after ten, and was nearly at the bottom of Sun-yard, when I heard a cry of stop thief, and saw some woman coming towards me, and I was seized by the watchman, and when this woman came to the watchhouse she charged me, and I am very innocent of it. Herbert's Defence. I was along with this young man drinking on the said evening, and what he has said is the fact, and I can declare that I am innocent as possible. HARVEY, GUILTY - DEATH , aged 19. HERBERT, GUILTY - DEATH , aged 20. Second Middlesex Jury, before Mr. Justice Bailey.