<!-- © 2003-2008 Old Bailey Proceedings Online -->
<div0 id="18310407" type="sessionsPaper" fragment="yes">
<div1 type="trialAccount" id="t18310407-2">
<xptr type="pageFacsimile" doc="183104070005"/>
<xptr type="preceedingDiv" divtype="trialAccount" id="t18310407-1"/>
<xptr type="followingDiv" divtype="trialAccount" id="t18310407-3"/>
<interp inst="t18310407-2" type="collection" value="BAILEY"/>
<interp inst="t18310407-2" type="year" value="1831"/>
<interp inst="t18310407-2" type="uri" value="sessionsPapers/18310407"/>
<interp inst="t18310407-2" type="date" value="18310407"/>
<join result="criminalCharge" id="t18310407-2-off7-c104" targOrder="Y" targets="t18310407-2-defend106 t18310407-2-off7 t18310407-2-verdict10"/>
<join result="criminalCharge" id="t18310407-2-off7-c105" targOrder="Y" targets="t18310407-2-defend108 t18310407-2-off7 t18310407-2-verdict12"/>
<p>First Middlesex Jury,</p>
<p>Before Lord Chief Justice Tenterden.</p>
<persName id="t18310407-2-defend106" type="defendantName"> GEORGE HENRY RALPH
<interp inst="t18310407-2-defend106" type="surname" value="RALPH"/>
<interp inst="t18310407-2-defend106" type="given" value="GEORGE HENRY"/>
<interp inst="t18310407-2-defend106" type="gender" value="male"/>
<interp inst="t18310407-2-defend106" type="age" value="25"/> </persName> and
<persName id="t18310407-2-defend108" type="defendantName"> GEORGE POTTER
<interp inst="t18310407-2-defend108" type="surname" value="POTTER"/>
<interp inst="t18310407-2-defend108" type="given" value="GEORGE"/>
<interp inst="t18310407-2-defend108" type="gender" value="male"/>
<interp inst="t18310407-2-defend108" type="age" value="30"/> </persName> were indicted for
<rs id="t18310407-2-off7" type="offenceDescription">
<interp inst="t18310407-2-off7" type="offenceCategory" value="theft"/>
<interp inst="t18310407-2-off7" type="offenceSubcategory" value="housebreaking"/> feloniously breaking and entering the dwelling-house of
<persName id="t18310407-2-victim109" type="victimName"> Sherwood Cushion
<interp inst="t18310407-2-victim109" type="surname" value="Cushion"/>
<interp inst="t18310407-2-victim109" type="given" value="Sherwood"/>
<interp inst="t18310407-2-victim109" type="gender" value="male"/> </persName> , on the
<rs id="t18310407-2-cd8" type="crimeDate">28th of November</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t18310407-2-off7 t18310407-2-cd8"/>, at St. Leonard, Bromley, and stealing therein 10 silver spoons, value 3l.; 1 pair of sugar-tongs, value 10s.; 1 tea-caddy. value 3s.; 1 bonnet, value 2s.; 6 table-cloths, value 2l. 8s.; 6 handkerchiefs, value 3s.; I pair of spectacles, value 10s.; 1 whip, value 2s.; 5 pairs of boots, value 50s.; 2 pairs of shoes, value 10s., and 1 basket, value 3s., his property; 2 pairs of shoes, value 10s.; 1 umbrella, value 7s., and 1 hat, value 10s. </rs>, the goods of
<persName id="t18310407-2-victim110" type="victimName"> Robert Cushion
<interp inst="t18310407-2-victim110" type="surname" value="Cushion"/>
<interp inst="t18310407-2-victim110" type="given" value="Robert"/>
<interp inst="t18310407-2-victim110" type="gender" value="male"/> </persName> .</p>
<p>MR. BARRY conducted the prosecution.</p>
<persName id="t18310407-2-person111"> MARIA CUSHION
<interp inst="t18310407-2-person111" type="surname" value="CUSHION"/>
<interp inst="t18310407-2-person111" type="given" value="MARIA"/>
<interp inst="t18310407-2-person111" type="gender" value="female"/> </persName> . I am the daughter of Sherwood Cushion, who lives at Bromley, in the parish of
<placeName id="t18310407-2-crimeloc9">St.Leonard, Bromley</placeName>
<interp inst="t18310407-2-crimeloc9" type="placeName" value="St.Leonard, Bromley"/>
<interp inst="t18310407-2-crimeloc9" type="type" value="crimeLocation"/>
<join result="offencePlace" targOrder="Y" targets="t18310407-2-off7 t18310407-2-crimeloc9"/>, Middlesex - he occupies the house. I was at home on Saturday, the 27th of November last - the articles enumerated in the indictment were all safe in the house that night; they were all in the kitchen - I am confident the house was locked up safe that night; I was the last person in the wash-house that night - the window was fast, and the bolts in the door; I came down first in the morning, between seven and eight o'clock, and discovered the robbery- on preparing breakfast, in about half an hour, I missed the spoons; I found a small pane of glass taken out of the wash-house window, exactly over the handle of the door, and the bolts of the door opened - the pane of glass laid in the yard, outside the window; I saw part of the property afterwards at Lambeth-street.</p>
<p>COURT. Q. What sort of a yard is this? A. It is a small yard; there is a large garden, which is parted from the yard by a paling, and at the end of the garden is a wall - there is a wall all round the garden; I looked to see if there were any footsteps, but it had rained very hard, and was a very tempestuous night, and there were no footsteps.</p>
<p>ROBERT CUSHION. I am the last witness' brother, and son of the prosecutor, who is clerk at Currie's distillery, at Bromley. I was at home on the night of the 27th of November - I cannot speak to the house being secured; I went to bed first, and know my own property was safe at night - my umbrella, hat, two pairs of high ancle shoes, and a pair of low shoes were all in the kitchen when I went to bed; I have seen some of them since.</p>
<persName id="t18310407-2-person112"> EDWARD PALMER
<interp inst="t18310407-2-person112" type="surname" value="PALMER"/>
<interp inst="t18310407-2-person112" type="given" value="EDWARD"/>
<interp inst="t18310407-2-person112" type="gender" value="male"/> </persName> . I am a Bow-street patrol. I apprehended the prisoners on the 17th of December, about half-past eleven o'clock at night, near Woodford-bridge -I found a crow-bar on Potter, a whole candle in his pocket, a sack round his body, and a handkerchief in his pocket; I produce them - I asked him where he was going; Ralph said they were going to Stratford - I felt Potter, and asked what he had got under his smock-frock; he said his walking-stick, but I found it was a crow-bar, which is here -Ralph had a knife slung round his neck with a string, and a crow-bar in his pocket - I found a pair of shoes on his feet; I have stated all he said to me that night.</p>
<p>Potter. Q.Where did you find the sack? Did you not take it out of Ralph's pocket? A. No, it was next your shirt.</p>
<p>Ralph. You took it out of my pocket.</p>
<persName id="t18310407-2-person113"> JAMES WALKER
<interp inst="t18310407-2-person113" type="surname" value="WALKER"/>
<interp inst="t18310407-2-person113" type="given" value="JAMES"/>
<interp inst="t18310407-2-person113" type="gender" value="male"/> </persName> . I am a Bow-street foot patrol. On the 17th of December I was with Palmer, when the prisoners were taken; I have heard Palmer examined - what he has said is correct: I saw the sack found on Potter, between his waistcoat and shirt, and he had a handkerchief; a pair of shoes were taken from Ralph; I saw Lea take a pair of shoes from Potter at Ilford, after they were confined.</p>
<persName id="t18310407-2-person114"> JAMES LEA
<interp inst="t18310407-2-person114" type="surname" value="LEA"/>
<interp inst="t18310407-2-person114" type="given" value="JAMES"/>
<interp inst="t18310407-2-person114" type="gender" value="male"/> </persName> . I am an officer of Lambeth-street. On the 1st of January I saw the prisoners before the Magistrate at Ilford, under examination, and had some conversation with both of them: I saw them in the lock-up room, before they went into the Magistrate's presence, and asked Potter where he got a handkerchief which I took off his neck - he said he had bought it at Deptford several months ago; I found a pair of ancle shoes on his feet - I took them off, and he said he bought them at Deptford, and had had them some months; I said nothing more to him then - I looked into Ralph's hat, and found a handkerchief, which I took from him, and asked where he got it; he said Potter gave it to him - Potter was present, and made no reply to it; I then took a pair of shoes off Ralph's feet, and asked him where he got them - he said they were made abroad - that he had them when on board a ship; I returned them to him, and Palmer afterwards took them from him - I believe those produced to be the same; I have no doubt of it - I asked where they lived; they both said they lived at Deptford - I received a letter that day, and showed it to the prisoners, about a fortnight or three weeks afterwards, at the lock-up room at Lambeth-street; I showed it to Ralph, and asked him if he had written a letter to Mary Berry - he said No, he could not write himself, but he and Potter had got one written when they were in Barking prison; Potter was in the lock-up-room, and he was at the door - I cannot say whether Potter could hear our conversation; I showed
<persName id="t18310407-2-person115">Ralph</persName> the letter - he said that both his and Potter's names were to it: I had received it from Miller, the governor of Barking gaol. (Letter read.)</p>
<p>Barking Gaol, 20th N - , 1830.</p>
<p>MRS. BERRY, - I am sorry to inform you that on Friday last, as we were coming towards home, the patrol took us up, and got us committed to Barking gaol for another hearing on Saturday week; I will be very much obliged to you if you will send us some tobacco - we shall be glad if you will come and see us, and bring Charles' discharge; I hope you will not neglect to come as quick as possible, for we are very unhappy at this time - we had our two copper-strippers with us, and they want to say that they are housebreaking tools, until a man came and told them what the use of them were; then we were remanded for a fortnight, to have another hearing, or else they were going to commit us for three months, under the Vagrant Act. So no more at present, from yours, Cus. POTTER and GEO. RALPH.</p>
<persName id="t18310407-2-person116"> ROBERT CUSHION
<interp inst="t18310407-2-person116" type="surname" value="CUSHION"/>
<interp inst="t18310407-2-person116" type="given" value="ROBERT"/>
<interp inst="t18310407-2-person116" type="gender" value="male"/> </persName> . I know these high shoes by this black leather, which is a particular mark; I had had them about twelve months, but had not worn them more than three months - they have been very much worn since I
<xptr type="pageFacsimile" doc="183104070006"/>lost them, but still I know them by this mark; and these low shoes I have no doubt are mine, but I cannot speak positively to them - they have been very much worn since lost.</p>
<persName id="t18310407-2-person117"> MARIA CUSHION
<interp inst="t18310407-2-person117" type="surname" value="CUSHION"/>
<interp inst="t18310407-2-person117" type="given" value="MARIA"/>
<interp inst="t18310407-2-person117" type="gender" value="female"/> </persName> . (Looking at the handkerchief found in Potter's pocket) I know this handkerchief - it was in the dresser drawer; I had seen it in the house shortly before; it was very much torn in the middle when they took it - I also know these two other handkerchiefs; they were in the house on the night of the 27th.</p>
<p>JAMES LEA. I took one of these handkerchiefs from Potter, and the other out of Ralph's hat.</p>
<persName id="t18310407-2-person118"> MARIA CUSHION
<interp inst="t18310407-2-person118" type="surname" value="CUSHION"/>
<interp inst="t18310407-2-person118" type="given" value="MARIA"/>
<interp inst="t18310407-2-person118" type="gender" value="female"/> </persName> . I am quite sure of these two handkerchiefs, they are hemmed - some part of the family hemmed them; I believe it was my youngest sister's work.</p>
<persName id="t18310407-2-person119"> SAMUEL PRENDERGASS
<interp inst="t18310407-2-person119" type="surname" value="PRENDERGASS"/>
<interp inst="t18310407-2-person119" type="given" value="SAMUEL"/>
<interp inst="t18310407-2-person119" type="gender" value="male"/> </persName> . I belong to Lambeth-street office. I was at Barking gaol on Friday, the 28th of January, and saw the prisoner Ralph in a private-room, belonging to Mr. Miller, the governor; I was sent there by Mr. Walker, the Magistrate - when Ralph was brought before me, I told him I came down because I heard he wished to make some disclosure; Mr. Miller said that he(Miller) had received some information about some burglaries being committed - I then asked Ralph whether he was willing to make any disclosure to me - I told him who I was; he at first said No; he then said,</p>
<p>"I have told Mr. Miller all I wish to say;" Mr. Miller said, "Have you any objection to tell this person what you said to me?" he replied, "I have no objection to tell him what I have stated to you;" I then told him that I held out no threat or promise to him, but whatever he chose to mention I would take down, and I took it down as he related it - here is the paper; I have had it in my possession ever since - (reads.)</p>
<p>"On the following Friday we all met at Smith's house, crossed over the water at Deptford, to the Isle of Dogs; we stopped at two or three public-houses and had some beer and gin, which Smith paid for - we went to Bromley; we got over a gentleman's garden wall - the wall was very high at the top of the garden, we got over the pales; we got over another, to the back of the house - Smith broke a pane of glass and undid the door; Potter and myself then entered - we went through the washhouse into a room, and took a woman's bonnet and an umbrella; in a cupboard in the same room, we took two table-spoons, about eight or ten tea-spoons, a pair of sugar-tongs, an old tea-caddy, two or three table-cloths, six cotton handkerchiefs, a copper teakettle, an eye-glass, two half quartern loaves, two eye-glasses,(spectacles) a cake, half a cheese, a small riding whip, a basket, a little glass, hanging in the summer-house, a fustian jacket, and a beaver hat - we got back to Deptford on Sunday morning; I think it was Smith took the property home - on Monday, Smith gave me 1l. 3s., and asked me if I was satisfied - I said Yes; Potter had the same - Smith said, 'I shall have three pairs of boots, and you and Potter may have the other boots, shoes, and handkerchiefs,' we had part of them on when taken from us in the gaol; at this time Smith's wife came in with a lot of duplicates, and threw them in the fire."</p>
<p>Ralph. Q. Did not you and Miller sit down and write that yourselves, and then wanted me to sign my name? A. I told him to write his name, and he refused - he made that statement to me.</p>
<persName id="t18310407-2-person120"> GEORGE WILLIAMS
<interp inst="t18310407-2-person120" type="surname" value="WILLIAMS"/>
<interp inst="t18310407-2-person120" type="given" value="GEORGE"/>
<interp inst="t18310407-2-person120" type="gender" value="male"/> </persName> . I am shopman to Mr. Derham, a pawnbroker, of Deptford. I produce two pairs of boots, pawned on Monday, the 29th of November - I took them in from a man who gave his name as
<persName id="t18310407-2-person121"> George Thompson
<interp inst="t18310407-2-person121" type="surname" value="Thompson"/>
<interp inst="t18310407-2-person121" type="given" value="George"/>
<interp inst="t18310407-2-person121" type="gender" value="male"/> </persName> ; I asked if they were his own - he said No, that they belonged to a man named
<persName id="t18310407-2-person122"> Robert Field
<interp inst="t18310407-2-person122" type="surname" value="Field"/>
<interp inst="t18310407-2-person122" type="given" value="Robert"/>
<interp inst="t18310407-2-person122" type="gender" value="male"/> </persName> , and that each of them lived at No. 5, Old King-street; I do not think it was either of the prisoners.</p>
<p>SHERWOOD CUSHION. I have no doubt of both these pairs of boots beings mine - I had them on the 27th of November.</p>
<persName id="t18310407-2-person123"> ABRAHAM ROBINS
<interp inst="t18310407-2-person123" type="surname" value="ROBINS"/>
<interp inst="t18310407-2-person123" type="given" value="ABRAHAM"/>
<interp inst="t18310407-2-person123" type="gender" value="male"/> </persName> . I am a boot and shoemaker, and live at Bow, in Middlesex. I know these two pairs of boots - I believe I made them for Mr. Cushion, and I made these low shoes for young Mr. Cushion; they are all shoes and boots of my make.</p>
<persName id="t18310407-2-person124"> RICHARD PARRY
<interp inst="t18310407-2-person124" type="surname" value="PARRY"/>
<interp inst="t18310407-2-person124" type="given" value="RICHARD"/>
<interp inst="t18310407-2-person124" type="gender" value="male"/> </persName> . I am a pawnbroker, and live in Flagon-row, Deptford. I produce a pair of boots and an umbrella, which I took in pawn of a young woman named Harrington, whom I knew - she lived in King-street, Deptford; she said she pawned them for a person named Smith - the umbrella was pawned on the 8th of December, and the boots on the 24th - I did not take in the umbrella, and do not know who pawned it; I have known Harrington several years - she always gave her residence in King-street; I know her mother-in-law lives in King-street - her name is Harrington; here is a tea-caddy produced by Lea - I took that in from a person of the name of Smith, on the 29th of November; I gave it to Prendergass to take before the Magistrates, with a pair of spectacles, in the name of Berry - I did not take them in- I produce the duplicate which was attached to them; I made a further advance on the boots on the 30th of December, to Harrington.</p>
<p>SHERWOOD CUSHION. These boots are mine, also the tea-caddy and spectacles - I know them well.</p>
<persName id="t18310407-2-person125"> ROBERT CUSHION
<interp inst="t18310407-2-person125" type="surname" value="CUSHION"/>
<interp inst="t18310407-2-person125" type="given" value="ROBERT"/>
<interp inst="t18310407-2-person125" type="gender" value="male"/> </persName> . This is my umbrella.</p>
<persName id="t18310407-2-person126"> SARAH MURRAY
<interp inst="t18310407-2-person126" type="surname" value="MURRAY"/>
<interp inst="t18310407-2-person126" type="given" value="SARAH"/>
<interp inst="t18310407-2-person126" type="gender" value="female"/> </persName> . I am a widow, and lived in New-street, Deptford, in November and December. I know the two prisoners perfectly well, and I know
<persName id="t18310407-2-person127"> Mary Berry
<interp inst="t18310407-2-person127" type="surname" value="Berry"/>
<interp inst="t18310407-2-person127" type="given" value="Mary"/>
<interp inst="t18310407-2-person127" type="gender" value="female"/> </persName> and Harrington very well - in December last the two prisoners lived directly opposite my house, with those two women, and Smith and his wife - the whole six lived together.</p>
<p>COURT. Q. How lately did you see Berry there? A. I cannot recollect - it was after Christmas.</p>
<persName id="t18310407-2-person128"> FRANCES BEARD
<interp inst="t18310407-2-person128" type="surname" value="BEARD"/>
<interp inst="t18310407-2-person128" type="given" value="FRANCES"/>
<interp inst="t18310407-2-person128" type="gender" value="female"/> </persName> . I am single, and live in King-street. Deptford. I know Ralph, but not Potter - I know Marry Harrington and Mary Berry perfectly well; I saw both of those women in company with Ralph some time before Christmas, on the Greenwich-road, and I have since that seen them together in King-street - I do not know Potter.</p>
<p>Ralph's Defence. Mr. Prendergass came to me in Barking gaol - he sat down in a chair; Mr. Miller pulled out a sheet of paper, gave it him, and he began to write - I do not know what, and after he wrote it, Mr. Miller asked me if I was dry; I said not particularly - he sent the turnkey down to draw me the best there was in the cellar - I drank it; he kept writing, I do not know what - after he had finished it, they wanted me to sign my name to it - I would not, and did not.</p>
<p>Potter's Defence. I know nothing about it; the shoes
<xptr type="pageFacsimile" doc="183104070007"/>I had on my feet, and the handkerchief I bought at Deptford for 4s.</p>
<p>One witness gave
<persName id="t18310407-2-person129">Ralph</persName> a good character.</p>
<p>RALPH -
<rs id="t18310407-2-verdict10" type="verdictDescription">
<interp inst="t18310407-2-verdict10" type="verdictCategory" value="guilty"/>
<interp inst="t18310407-2-verdict10" type="verdictSubcategory" value="withRecommendation"/> GUILTY </rs> -
<rs id="t18310407-2-punish11" type="punishmentDescription">
<interp inst="t18310407-2-punish11" type="punishmentCategory" value="death"/>
<join result="defendantPunishment" targOrder="Y" targets="t18310407-2-defend106 t18310407-2-punish11"/> DEATH </rs>. Aged 25.</p>
<p>[Apr.7.] POTTER -
<rs id="t18310407-2-verdict12" type="verdictDescription">
<interp inst="t18310407-2-verdict12" type="verdictCategory" value="guilty"/>
<interp inst="t18310407-2-verdict12" type="verdictSubcategory" value="withRecommendation"/> GUILTY </rs> -
<rs id="t18310407-2-punish13" type="punishmentDescription">
<interp inst="t18310407-2-punish13" type="punishmentCategory" value="death"/>
<join result="defendantPunishment" targOrder="Y" targets="t18310407-2-defend108 t18310407-2-punish13"/> DEATH </rs>. Aged 30.</p>
<p>Recommended to Mercy by the Jury on account of the absence of personal violence.</p> </div1></div0>

View as Text