cornwall england newspaper
1839 NEWS ARTICLE
AUGUST
2 AUGUST 1839, Friday
A DENTIST'S SIGN - A wag, from the North Parade, Penzance, has sent us the following lines from the French:
"A dentist here makes teeth of bone,
Forthose whom Fate has left without,
And find provisions all his own,
By pulling other people's out!"
HELSTON GRAND WRESTLING - These celebrated games took place on the 25th and 26th ult.; and from the well-known science of Thomas Gundry, of Sithney, and Hodge, who came purposely from the neighbourhood of Liskeard, to contend with Gundry, the anticipated treat was most fully realized. In the first round of standards, Gundry and Hodge were matched together, and after 27 minutes' splendid play, Gundry threw his antagonist; after which, there being no other player on the ground who stood a chance with him, he "walked over the course," and carried off the head prize. The play throughout was equal, if not superior, to any that has taken place on that ground for many years. The prizes were awarded as follows:
1st prize, seven sovereigns, Thomas Gundry
2nd ditto, five sovereigns, Richard Berryman
3rd ditto, three sovereigns, ___ Murton
4th ditto, one sovereign, Samuel Pascoe
5th ditto, ten shillings, Wm. Hart
EAST CORNWALL AGRICULTURAL REPORT FOR JULY - The weather throughout the month, with the exception of a few days at the commencement, has been one continuance of rain, attended occasionally with heavy and severe gales of wind, which have been most inauspicious for the agriculturist. Indeed, the heavy rains which have fallen, more particularly towards the close of the month, have been unprecedented at this season of the year; and, according to present appearances, the prospect of an abundant harvest is entirely blighted. Large quantities of hay have been quite spoiled, and will be more fit for manure than for fodder; whilst several fields of it contiguous to streams of water have been actually washed away.
[The report continues in this manner; the very good crop of wheat has been flattened level to the ground, corn fields have been washed out, while barley - exceptionally fine earlier in the month - may still be saved if the weather breaks, resulting in a fair supply. Early potatoes were 'fairly come', and tolerably good. Turnips are getting on exceedingly well; the crop should be abundant. Cattle have sold briskly, and the demand continues high. jm]
THE HARVEST - Mr. Jacob Rickeard, of Cooks, St. Goran, cut a piece of barley on Saturday last. It is an excellent crop, and of fine quality.
TRURO DIVERSIONS - In consequence of the severity of the weather, on Tuesday last, these diversions which take place in the parish of Feock, were postponed to Tuesday, the 13th instant.
ST. IVES - The greater part of the fishing boats belonging to this port have returned from the herring fishery in Ireland, and we are sorry to add the season has proved a complete failure. Very few fish have been taken, and the prices low, in consequence of a combination among the buyers, which is a great loss to Cornwall, as not less than 250 boats have been engaged in the Irish fishery from the Mount's-bay and St. Ives this season. Great preparations are making for the pilchard fishery, which will commence on Monday week; and we sincerely hope this will prove more successful. The writer of this adds, it is now (Wednesday) blowing a heavy gale, at N.N. W.; and several vessels came in this morning with sails split, and otherwise damaged.
GORAN HAVEN - The late gale destroyed the greater part of the crab-pots on this part of the coast, which is a very serious loss to the poor fishermen, as they are not able at this season to replace them. On Monday it again blew a heavy gale of wind, with rain, which our correspondent stated would complete the destruction of the remainder of the crab-pots.
PENZANCE - The body of the youth, son of Captain Saundry, who was unfortunately drowned about a month ago, near Penzance pier, was picked up on Monday last, and interred the same evening.
CAUTION - Two men, named Thomas Carlyon, and Joseph Roberts, have been committed to the county prison for two months, and another named Richard Hennah, for three months, for leaving their families chargeable on their respective parishes in the St. Austell Union.
FATAL ACCIDENT - On Tuesday last, as a miner called Christopher Coom, was at work with two others in removing some old timber in Tregullan mine, near Bodmin, a quantity of the ground fell upon him, and killed him on the spot. The other two escaped with little injury.
[Also a long article regarding the closing of Falmouth as a packet port. If anyone is interested, I'll be glad to send the image 099 to them. jm]
9 AUGUST 1839, Friday
[The Calendar, which ten days ago contained but 16 prisoners, now contains 27, besides several out on bail. jm]
Thomas WILLIAMS, aged 19, pleaded guilty of having stolen at Fowey, a silver watch, the property of Richard LISKIRL. Six months' hard labour; first and last weeks solitary confinement.
William Henry STEPHENS, 15, pleaded guilty of having stolen a blue jacket, the property of the Rev. G. J. CORNISH, of Kenwyn. Six weeks' hard labour; and to be twice well whipped.
John DINNER, 26, pleaded guilty of having stolen at Lawhitton, a game cock and hen, the property of William CURTICE. He was further charged with having stolen three fowls, the property of Robert BICKALL, of Milton Abbot, in Devonshire. The prosecutor, a farmer, stated that he missed the fowls the 3rd of July, and that he saw them again on the 25th in the hands of William TICKELL, constable of Launceston. Tickell proved that he had found the fowls in searching the house of James DRAKE, a tailor of Launceston, to whom the prisoner had, on the 1st of July, handed them for a part payment for a pair of trowsers. Guilty. One week's imprisonment for the first offense, and seven years' transportation for the second.
There was a third indictment, for stealing fowls, which was not prosecuted.
Grace SAMPSON, 16, charged with having stolen, at Marazion, two combs, four pieces of ribbon, a pocket handkerchief, and several other small articles, the property of George SEALEY. Jane Sealey, wife of prosecutor, stated that the prisoner had been in her service about a month previous to the 18th of July, when she was about to leave; but witness suspected her, and required her to search her pocket, when several of the articles were found. The others were found in her bundle. Guilty. Three months' hard labour, first and last weeks solitary.
Jane BONE, 16, charged with having stolen at Redruth, on the 17th of July, an iron rod pin, the property of Samuel TRELOAR. The theft was proved by Charles MAY, the prosecutor's servant, who saw the prisoner come into the backlot, for a turn of water at the pump, and take up the rod, throwing it over the hedge, whence he afterwards saw her carry it away under her apron. W. TREVORRA, constable, produced the bar, which was identified by prosecutor, being marked with a stamp which he produced bearing his initials. Guilty. Three weeks' hard labour, the last four days in solitary.
The Court rose at six o'clock.
SATURDAY, August 3 - the Court opened this morning at nine o'clock.
William BOND, 28, pleaded guilty of having stolen a scythe, the property of Samuel SAUNDERS. He was also tried for having broken into an out-house of John DONEY, of Braddock, and stolen therefrom a quantity of meat and other articles. The prosecutor was a butcher, who on the 2nd ult. left his killing-house safely locked up, with a quantity of meat in it. On the next morning, he found that the roof had been broken into, and about 40 lbs. of mutton and lamb stolen. The prisoner's house was searched, and the greater part of the meat found salted in a milk-pan. The constable produced parts of the meat, and the cloth in which it had been laid by the prosecutor, all which articles were identified. Guilty. For the first offense, three months' hard labour, the last fortnight solitary; and for the second, one year's hard labour.
Philip OPPY, 20, was charged with having stolen part of a dog-house, the property of the Rev. Edw. HODGE, of Maker. The only evidence was that of a lad called Wm. PELLOW, who gave a statement quite contradictory of what he had given before the magistrates; and it appearing that he was moved to this by a reward to be paid on conviction, the Learned Judge severely reprimanded him, and directed a verdict of Acquittal.
Hannah THOMAS, 30, charged with having stolen some calico, cambric, linen, stockings, and caps, the property of Francis SYMONS, of Falmouth. Mrs. Cordelia SYMONS, wife of the prosecutor, a ship-builder, and lodging-house keeper, at Falmouth, stated that prisoner was in her service for nearly three years, and was discharged on the 13th of June last. On the 8th of July, witness put the articles in question in a drawer, and found them missing the next day. Elizabeth PIDWELL, prosecutor's servant, was sitting up sewing at eleven o'clcock on the night of the 15th ult. She heard a noise up stairs, when, with the man-servant, she went up to her master's room, and found the prisoner concealed under the bed, without shoes or bonnet. John TRIPCONEY, the man-servant, confirmed the last witness. Miss Eliza Cordelia SYMONS, prosecutor's daughter, went up stairs on the night in
question, and saw prisoner sitting on the bed, who told her she had come to bring back the things she took away the Tuesday before. She said the things were under the bed. Witness's brother pulled them out, but witness said these were not all, and prisoner said she must have dropped some. Abraham NICHOLLS, a carrier at Penzance, swore that on the 22nd of June the prisoner left two boxes at his house. On the 28th, she went to Falmouth, saying she thought Mr.s Symons would take her again. The constable took the boxes about a fortnight after she left. John King NICHOLLS searched the boxes in question, and found several articles, which he now produced in court; and among them a purse which was clearly identified by Miss Symons. George JULIAN, constable, produced several articles delivered to him by Miss Symons, on the 15th of July, all of which were identified by Mrs. and Miss
Symons. Guilty. Seven years' transportation.
Zacharias CANN, 40, and Thomas WILLIS, 20, charged with having stolen two geldings, the property of Jane DAVIS, Joseph DAVIS, and Samuel DAVIS. Joseph DAVIS, son of Jane Davis and brother of Samuel Davis, stated that they jointly occupied a farm at Great Torrington. On Friday, the 7th of June, they had two geldings in a field near the road. On the 8th they were gone. One was a rusty black and the other a bay. Witness next saw them on the 12th of June at the Bell Inn, Bodmin. Thomas SOLOMON, kept the Mason's Arms, at Camelford. Prisoner came to his house on the 8th of June, between five and six o'clock, with two horses, a black and a bay. They looked as if they had come a very long journey. CANN asked if witness had good grass for the night, and the horses were afterwards put to field. Cann said he was a
horse-dealer, and was going west. Willis said nothing. They remained till Tuesday the 14th. Witness heard Cann offer the horses for �12 to two different persons, proposing to take � 4, and leave the rest till he came back. On the Tuesday, both prisoners left in company with a man named WOOLLEY, taking the dark horse with them. The bay horse was left with witness, but was taken by the constable of Bodmin. James WOLLEY stated he left Camelford with the two prisoners. He had seen Willis often before. They all three went towards Bodmin; but when they arrived within a mile of the place, Willis got off the horse, and Cann desired witness to ride it into town, which he did, and put up at the Bell Inn. The two prisoners soon came there, and they were all three detained by the constable. John POPHAM and William BRAY, constables at Bodmin, took possession of the two horses, one at Camelford, the other at Bodmin. Bray was also present when Mr. Davis owned them. George PUGSLEY, lived at Carmanton[?] Moor, about 3 miles from Mr. Davis's farm. On Friday, the 7th of June, the prisoners were at his house drinking and smoking about eight o'clock, and went away together. Willis said they meant to go to Exeter, and they went down the old Exeter road, from which there are branch roads leading to Mr. Davis's farm. Both Guilty. A certificate of conviction of Cann at the Bideford Quarter Sessions for stealing money was put in. Sentence, Cann 15 years' transportation; Willis, 18 months' hard labour.
Paul NINNIS, 19, pleaded guilty of having broken into the dwelling-house of Richard Odgers, of Kenwyn, and stolen � 4 in money. Eighteen months' hard labour.
Edward TUCKER, 25, pleaded guilty of an assault on Henry SCANTLEBURY, of Liskeard, a boy who had since died. The Learned Judge said it appeared from the depositions that the boy had died from the effects of the treatment he had received of the prisoner; but he was now glad to be told that his death had been from a totally different cause - namely, consumption. His Lordship, however, severely reprimanded the prisoner for his brutal severity, and expressed a hope that persons of his station of life would be less rough in their general bearing towards each other. Three months' hard labour.
[In the Charge to the Jury, the statement of the case was the following:} "The case of Edward TUCKER is of rather a peculiar nature. The prisoner committed a violent assault on a fellow-servant, a boy, who has since died... The circumstances of the case are these. Two young men are sent out to fetch home some lambs - one of them, the prisoner, carrying a lantern. The deceased says "Carry the lantern steadier" whereupon the prisoner strikes the boy down, kneels on him, and beats him, according to the boy's account, so that he was unable to rise for some time. The boy, at last, went home, and soon after became ill, and ultimately died. There the question fairly arises, whether this was murder or manslaughter .."
Charity LAND[ER]YON, 25, was charged with stealing clothing and other linen, &c., the property of her master, G. SEALY, of Marazion. The case turned on the identity of the articles, in sustaining which Mrs. Sealy gave her strongest evidence on some marks on a table-cloth, which was proved by Mrs. MARTIN, a laundress of Penzance, to have been in prisoner's possession some months before she went into Mr. Sealy's service. Not guilty.
EMBEZZLEMENT AT THE CUSTOM-HOUSE, FALMOUTH [Testimony shortened - jm
Felix LOVELL, 47, was charged with having feloniously stolen, at Falmouth, one check, or order for the payment of money, dated the 7th of December last, drawn by W. Broad and Sons, on Tweedy and Co., payable to "Customs or bearer" for � 100. There were seven counts laying the property both in the Queen and in the Collector and Comptroller of the Customs. This case excited much interest in the Court, and occupied several hours. The Counsel for the prosecution were Mr. Serjeant BOMPAS and Mr. MOODY; for the prisoner, Mr. SANDERS and Mr. DAYMOND.
Mr. Serjeant Bompas stated the facts of the case as they subsequently
appeared in evidence, and added that there were two counts in the
indictment; one charging him with committing the embezzlement while acting as a servant to the Queen; and the other which provides that if any persons employed in her Majesty's service, and entrusted with the receipt or custody of monies or securities shall embezzle or fraudulently dispose of the same, he shall be deemed to have stolen the same.
Thomas HERLE, Comptroller of the Customs at Falmouth, stated that in the beginning of December last, the prisoner was first clerk to the Collector. [he had one key, prisoner the other, to a locked box; in the morning, he would open his lock, and prisoner had access to the box throughout the day. At close of business, witness examines content of the chest, balances the books, signs it, and puts on his padlock for the night. On the night in question, there were five cheques, one of which was for � 100. Witness was to be absent on Monday; gave his key to the third clerk, Mr. LOETRIT[?], to be given to the secondclerk, Mr. BARNICOAT. On Tuesday, they checked the amounts as usual, and found money & cheques missing. - jm]
Samuel John LOETRIT called; [was the third clerk. When vessels arrived in distress, and had to take out their cargoes, the merchants paid the expense of the officers' attendance, and to secure that payment, they made deposits. One check from Messrs. Broad's clerk, in the amount of � 100, was noted "Danube", for the ship Danube which had come into the port. All the checks were given to Lovell, and credit for them was given in the Check Balance Book. - jm]
Thomas Orchard BARNICOAT, second clerk, received the Comptroller's key on Saturday. On Monday, he took the lock off the box. Lovell was present. [Witness did not examine box at that time, or through the day. At end of business, he took � 5.15s.6d received during the day to Lovell, who said "the chest is rather bare today'. After Lovell locked the chest, witness saw three � 5 bank notes lying on his desk; Lovell said "Oh, that's an oversight." Witness proposed putting the notes in the chest; they did so. On Tuesday, when the chest was opened, all that was in the chest were the 3 notes and � 5.15s.6d. - jm]
Edward HULL, Collector, [explained duties of his first clerk; he did not have anything to do with the Queen's chest - was the duty and responsibility of the first clerk - jm]
By Serjeant Bompas - The last amount Lovell handed to witness was �107.8s, received before one o'clock on Saturday, the 8th of July. Witness signed the paper as usual, and gave Lovell at the same time a cheque for � 100.
John HALLAMORE, clerk in the Cornish Naval Bank,[ testified prisoner came there on Monday, and witness paid him the amount of a cheque for � 100 drawn by Messr. Broad and Sons. Witness asked him how he would have the money, and he said in Bank of England notes and sovereigns, because it was for a person going away. Witness initialed the cheque, and dated it. Witness also marked the four other cheques brought in from the Western District Bank. - jm]
John TRIGGS, another clerk in the Cornish Naval Bank, handed over to Mr. Hallamore the four cheques now produced, which he received from the Western District Bank.
Samuel RICHARDS, clerk at the Western District Bank, [testified the prisoner cashed some cheques 10th of December; asked for cash; the cheques were exchanged with the Cornish Bank the same day. The cheques now produced in court were the same cheques. - jm]
Charles Alexander WILLIAMS, book-keeper at PEARCE's HOTEL, Falmouth. On
10th of December last, about six o'clock, prisoner took a place by the mail for a Mr. ARNOLD. Witness asked him if it was for himself; and he at length replied it was no difference, as the party would be present when the coach started. Witness saw the mail start, and the prisoner in it.
John DOBSON, tide surveyor of the Customs at Falmouth, lived in the same house with the prisoner. On the 15th of December, witness received the envelope now produced, with the Bristol post-mark. It contained only a parcel, of which witness also produced the envelope, directed to "Mrs. Lovell" and in the prisoner's handwriting. The outside envelope, directed to witness, was not apparently in the prisoner's handwriting. Witness gave Mrs. Lovell the parcel, and saw her open it, and take out ten �5 notes, which she gave back to witness to give to the Collector. There was no writing inside.
William TERRY, police-serjeant at Southampton, went to Tanleigh on the 21st of May, and found the prisoner in bed, at the Five Bells public-house, which he kept. He went by the name of James CARTER. Witness told him he arrested him in the Queen's name for a robbery at the Custom-house in Falmouth; and he said "Oh! You are come at last, are you? I have been expecting you for some time." Tanleigh is near Hungerford, on the borders of Berkshire and Wiltshire.
Cross-examined: had known the prisoner for 15 or 20 years, and he always bore an excellent character. Knows his father and mother. They are very respectable people. This witness proved the signatures of the collector, comptroller, and a long list of magistrates of Southampton and its neighbourhood, bearing strong testimony to prisoner's good character for a great many years.
John LYON was with the last witness when the prisoner was apprehended.
Terry went for a cart, when prisoner said to witness "If you had been 48 hours later, you would not have caught me, for I should have been off." He added that he had looked for the reward for his apprehension for a long time, and at last he had found it in a scrap of paper that came from Weyhill. Witness searched the house, and found a ring with five keys on it. Afterwards, at Falmouth, prisoner said the keys belonged to the Custom-house, and that he was a great fool for not having thrown them away. Witness here produced a receipt of �87.17s.11d, for the household goods &c. fixtures &c. at the Five Bells at Tanleigh; it was dated the 6th of April, and signed 'Thomas WISE'. Wise's name was still over the door of the public-house.
Mr. SANDERS, for the prisoner, raised an objection that it was not
sufficiently set forth in the indictment that the act of embezzlement, as well as the receiving of money, was during the time of Lovell's being in the service of her Majesty - further that he was not proven to be a clerk of the Queen, and could not be the Queen's servant, and that the property was not made out to be in the Queen's name. None of these objections were sustained; and the learned council then addressed the jury, who found a verdict of guilty, but recommended the prisoner to mercy on the ground of previous good character.
The LEARNED JUDGE passed sentence in a very impressive manner, observing first on the remarkable character that had been put in, each signature having subjoined to it the number of years in which the gentlemen had known the prisoner, going back a long time. He was also to deal with a person having a strong recommendation to mercy; and it would be most agreeable to his feelings, could he listen to that recommendation. He could not but think, however, that if he did so, he should be indirectly guilty of extreme cruelty to many persons, by holding out an expectation to them that they might commit similar acts and not receive adequate punishment. If a menial servant even, or the shop boy of a petty shop, were brought before them, they were bound to make a distinction in the punishment, as it was incumbent upon such persons rather to protect than to embezzle their master's property; and if he were now to act differently to one in the situation of the prisoner, who must have known much better than the poor people what was his duty, should he not be guilty of a great injustice in the other cases? He hoped, therefore, the jury would not suppose that he treated their recommendation with disrespect. He knew their recommendation flowed from the kindest feelings of humanity; but their duty had ceased with their verdict, which was given on the oath, uninfluenced by feeling; and his duty began where their's ended. If he were to attend merely to his feelings, he should be as guilty as they would have been, had they not attended to their duty, instead of their feelings in considering their verdict. "My sentence" said his Lordship to the prisoner," will condemn you to be parted with this country for a great number of years; and at your time of life it is hardly possible that you should ever see your native land again, or that the separation from your parents - from your dearest earthly ties - will not be for life." The Learned Judge then passed sentence for transportation for 14 years.
The Court rose at six o'clock.
FALMOUTH PACKET SERVICE - Capt. Rogers, and Messrs. A. Fox and W. H. Bond, the deputation from the town of Falmouth, are returned, having had a long interview with the Prime Minister on the subject of the contemplated change in the packet establishment. We have learned that the following facts were ascertained by them:
- Not a single merchant has made a complaint against, or requested the
alteration of, the present mode of conveying the mails, excepting indeed those who have proposed to undertake it themselves.
- That the government have decided upon the destruction of the naval packet establishment at Falmouth, of entering upon a contract amounting to GBP 240,000 per annum, foregoing all the privileges arising from the conveyance of treasure, as well as the employment of their own officers and men, and putting the whole affair into the hands of men whose first object will be their own profit and convenience, and the interest of the country subordinate.
- That the arrangements have been made without public notification, or any advertisement for tenders, without the merchants of the city being aware of such proposals being made, or without allowing even the inhabitants of Falmouth or the County of Cornwall to compete; and, if it be true as we have heard, that the merchants of Bristol have offered to perform the same duties for GBP100,000 per annum less, then we are bound to say that the affair assumes a character
To the Rev. JOHN WESLEY THOMAS, Wesleyan Minister, St. Austell - Sir - As I cannot possibly find room this week to expose, as it deserves,
your dishonourable conduct, in not only publishing a private correspondence between you and me without having obtained, or even asked, my consent to your doing so, but in, moreover, publishing that correspondence in a garbled and incomplete form, I take the liberty of saying, to prevent you from suffering disappointment, that I shall avail myself of the first opportunity of noticing the matter. - I am yours, &c., The EDITOR of the WEST BRITON Truro, August 8, 1839.
John HANCOCK, 23, was charged with having ravished Hannah LEVY, of St.
Austell. The prosecutrix varied considerably in her evidence from that
which she had given before the magistrates; and the Learned Judge stopped the case, and put it to the jury whether, after what they heard, they could convict the prisoner. The jury found a verdict of Not Guilty. His Lordship severely condemned the conduct of both the prisoner and the prosecutrix.
Frederick BATH, 29, James COLLINS, 33, Joseph MARTIN, 28, and William
MARTIN, 25, were charged with having violently assaulted Thomas CRUMLER, and Mary his wife, at Stithians. It appeared from the evidence that the prosecutor and his wife attended fairs, and that on the 15th of July last they went to Breage fair, where they remained all day; and having taken down their tent, traveled during the night to a feast at Stithians, where they arrived the following morning. They remained selling till about nine in the evening, when, on account of their dislike of the people, they determined to leave the place, and accordingly removed their things to the Seven Stars, where they tried to get a bed, but could obtain no accommodation. Here they saw the prisoners drinking with a number of other men, and here a series of the most disgraceful assaults were committed by the prisoners on the
prosecutrix, and afterwards her husband was also assaulted. After a long investigation, the jury found the two Martins not guilty. Bath and Collins were found guilty, and were sentenced to one year's imprisonment in the house of correction.
Samuel GLASSON, 34, pleaded guilty to a charge of assaulting George ROBERTS, a constable of Truro, while in the execution of his duty. From the statement of Roberts, it appeared that he had been called upon to take the prisoner, while he was in a state of intoxication, into custody, and that the prisoner then kicked and struck him several times. The court sentenced him to six months' hard labor.
MURDER OF AN INFANT - Charlotte GALLOWAY was charged with the willful murder of her infant child, but the grand jury having ignored the bill, Mr. ROWE said the prosecution under the coroner's warrant would not be proceeded with. The Judge stated that the circumstances were of a very doubtful character, as the child was found dead through the mother having lain upon it during the night, and directed the jury to find a verdict of Not Guilty.
[In the Charge to the Jury on Friday, the Judge had said: jm] - "In the first of them [the 3 murder cases] Charlotte Galloway seems to have
been an unfortunate woman in the work-house, where she was delivered of a child, which lived to the age of three weeks. It does not appear that she was particularly affectionate to this child, but that is a frequent incident under similar circumstances. On the night before the child died, there were three of four persons in the room, who saw her strike it, but not with any great violence. In the morning, she rises at an unusually early hour, and goes out, leaving the child in bed. About two hours after, some of the inmates of the house go into the room, and find the child dead. A small quantity of blood was on the bed clothes; and the child was discoloured in many parts of the body. On the body being opened, all that appeared was a congestion of blood, indicating death by suffocation. There is, in addition to this, some slight evidence of an inclination to get rid of the child, and of wishing to be out of the place [the workhouse], which helped to lead the coroner's jury to the conclusion to which they came. On the other hand, there is the obvious supposition that the mother might have overlain the child, and thus produced suffocation. It will, therefore, be material for you to ask the medical man whether there is a reasonable probability of death having taken place under such circumstances; and if so, you would be exercising a sound discretion in not finding a bill of murder, because charges of that description should never be sanctioned by a grand jury without strong ground for believing a conviction may be brought home to the accused. The prisoners' expressions of anger towards the child, I, for my part, am inclined to attach very little importance to. You know that when an event of this kind takes place, it is very common for witnesses to
remember every little expression as an angry kind, and the mind is too apt to give them an importance, which, considering the mode of life of these people, and their general manner of expressing themselves, ought not to attach to them. I am inclined to think you will not deem this a case of willful murder; and if not, I do not see how you can find any bill at all, because the supposition on which you would say it was not willful murder would be that it was an accidental suffocation, and, of course, without blame to the mother."
STEALING OYSTERS - John CARLYON, John WILLIAMS, and John DUDLEY were charged with having stolen a hundred oysters from Helford River, the property of John TYACKE. Our readers will recollect that we have already given very full reports of prosecutions instituted by Mr. Tyacke in order to protect his rights, and it is only necessary that we should state the facts of this prosecution very briefly. The oysterage in question is situated upon the Helford river, in the western part of this county, and is a property of very valuable description, being rented of Sir Richard VYVYAN at GBP 450 a year. The oysterage was well known. The Helford river runs from the Gweek river down to the sea, and in the lower part of the river considerable disputes have arisen; but from the river of Gweek to Calmanaso-bar, from whence these
oysters were taken, there have been no disputes. The lower part Mr. Tyacke holds under the Duke of Leeds. On Good Friday, the 28th of March, Mr. Tyacke, having received intimations that depredations were likely to take place at night, went out with his two sons and two servants, named James and Roberts, and lay in wait. Two of these persons lay in ambush at Kessel-point, and two were at a croft higher up. It was a clear moonlight night. About 10 or 11 o'clock, their attention was arrested by footsteps, and they then saw 10 or 15 persons taking oysters. They went down, and the people ran away; but the prisoners were apprehended and confessed that they had taken oysters, and some were found upon their persons. Witnesses were called who proved these facts, and Mr. Justice Coleridge asked Mr. Cockburn whether he could dispute them. The Learned Gentleman replied that he could not, and Mr. Justice Coleridge said that under these circumstances it was impossible but that the jury should find the prisoners guilty. The prisoners received a good character, but the jury, of course, found them guilty.
The Learned Judge, in delivering his sentence, [cited the facts that all the men were of respectable families, and it was "a great disgrace" that people of their caliber should be stealing during the night. Too, they used "thick sticks" to beat one of the persons who apprehended them. He also said - jm] "you have no more right to do it than you have to go into a field and take a sheep, therefore, the thing must not be done again, or I shall certainly treat you in a very different manner to that in which you will now be treated." "I have been speaking to the gaoler who will take care that you are not placed along with low society to have your morals corrupted. The sentence of the court is, and I hope its mildness will have a proper effect on you, that you be imprisoned in the house of correction for the space of six weeks, and that during that time you be kept to hard labour."
CHARGE OF MURDER - John RUSDEN, 28, was indicted for the willful murder of Grace RUSDEN, his wife. [May be Resden; print is not clear. jm] Mr. SMITH conducted the case for the prosecution, and Mr. COCKBURN defended
the prisoner. Alice TRUAN - I knew the prisoner and his wife, they lived near me. I have seen the prisoner beat his wife. On the Monday after Whit-Monday, between nine and ten o'clock in the evening, I heard the deceased crying murder in her house. I went to the house, and a man broke open the door, and I went in and found the prisoner knocking his wife's head with his fists, and beating her head against a piece of wood that projected from the wall. I saw him through the window beating her before I went into the house. TONKIN, who went in with me, took the prisoner by the collar and pulled him away. I then took the deceased into the air; she complained of her head. She had fetched the prisoner from a public-house; he said that he was in liquor, and Tonkin had taken advantage of him. He said his wife had pulled him by the hair of his head. The deceased slept at my house that night; she had a bruise on the forepart of her head. She died in about five weeks
afterward. I saw her ever day till she died, and she complained of her
head. During the night the deceased was at my house, the prisoner came and called for his wife, and said he only wanted to put his hand upon her once more, and he would see her blood.
Cross-examined: She returned to her husband's house the next day, and
remained there till she died. I don't think that I mentioned the prisoner's threat before the coroner; I did not say that because I thought it was a bad circumstance, but I mentioned it to several others before. I persuaded her to go back to her husband the next day. I did not suppose that he intended to take her life.
Joseph TONKIN, a miner living in St. Agnes, near to the prisoner: I was at
Mrs. Truan's on the night in question, when we heard the cry of murder. My wife came and fetched me; I just looked in at the window, and saw the prisoner beating his wife with both fists. I then broke open the door, and went into the house - he was still beating her in the same manner. I stepped in between them, and said, Rusden, do you mean to kill Grace? And he swore he would, and he struck her twice over my shoulder and said he would kill her. I laid hold of his collar, and he struck me with his fists in the face. I then overpowered him. I then went out and saw the wife lying on the bank with her hands to her head crying "oh, my head." She did not appear to be in a passion. I saw her frequently before her death, and she always complained of her head.
Cross-examined: I did not hear him say yes, I will kill her and that she has been dragging me by the hair of my head. He said he was in liquor, and that I was taking advantage of him. I believe he had a little drop too much, but not to be a drunken man.
Henry DOBLE examined: I am a surgeon, and was called upon to attend Grace Rusden on the 21st of June; she was in bed; she complained of violent pain on the back part of her head. I examined her head. I did not find any external injury, she was in a very low state, laboring under delirium. I was of opinion that the pain arose from external violence that she had received. I attended her until her death on the 29th of June. Sometimes she appeared to be a little better. After her death I opened her head - moving the skull, there was a thickening of the pericranium - we found an effusion of the watery part of the brain - there was slight extravasation - we found a considerable quantity of pus in the brain. There was an abscess occasioned by compression; the result of some external set of violence - similar results have been occasioned by a fall on the ice. These things, in my opinion, were the cause of the death of the woman.
Cross-examined: I don't remember saying that she died a natural death. She had fever. I might have said she had typhus fever. Water on the brain might have produced the symptoms I saw. She had been confined of a still-born child sometime before. Such an abscess might have been without external violence. I have heard the wife was a quarrelsome woman. I never heard anything against the prisoner.
Richard DOBLE, brother of the last witness, and also a surgeon, gave similar testimony to that of the former witness.
Mr. Cockburn then addressed the jury for the prisoner, after which, the
learned judge summed up, and the jury found a verdict of manslaughter. The judge immediately sentenced him to be transported for life.
The court then rose.
[Regarding the Rusden case, in the Charge to the Jury, the Judge had said on Friday: "The last of these cases is that of John Rusden, committed for killing his wife. It appears they had previously quarreled, and struck each other. On the night in question, the man went to a public-house, and his wife went to fetch him. He had probably been drinking to excess. On their coming home they quarreled, and the witnesses found the man beating the head of the woman against a post, with violence. On their rescuing her she began to cry, and died shortly thereafter. I should add that when the witnesses interposed, the man said "I will strike her again and again, for she has been dragging me round the room by the hair of the head." "I cannot but observe - and the fact must have struck you also - that there is a dangerous laxity growing up in the country as to the question of murder
or manslaughter. Case after case we find decided to be only manslaughter which a few years ago would have been murder, and that according to all the authorities of the text-books. In a matter of this grave consequence, it is a very sad thing that the distinction is not clearly understood... the law of England. makes no excuses for the unjustifiable indulgence of violent passions. There is the same law for the man of colder disposition. It would be a monstrous thing if the passionate man had a law for himself.." TUESDAY, August 6th - jm]
JAGO v GUNDEY - This was an action brought by the plaintiff against his brother-in-law for the recovery of between 11 and 12 years' rent for the use and occupation of a house in Falmouth, at an annual rent of �12. The defendant had said frequently that he ought to pay only �10 a year for the house, and two letters were read in which the defendant said that the plaintiff's sister had frequently told him that they would pay only �10. After the reading of those letters, the Learned Judge said they could not get more than that, and both parties consented to a verdict for the plaintiff for �100. Mr. Butts appeared for the plaintiff, and Mr. Moody for the defendant.
16 AUGUST 1839, Friday
To the EDITOR of the West Briton - Sir - In consequence of an advertisement in your paper of the 24th ultimo, signed "Pearce, Prockter, Cockram, & Co" I request insertion in your next of the following copy of the agreement between Mr. Cockram (on behalf of the Regulator Company) and myself (on behalf of the Defiance Company) (copy) "It is further agreed "That the Regulator is to be withdrawn from Camelford, Wadebridge, and St. Columb, and the Defiance offered to those working the Regulator on that line.Signed, John Cockram, Wm. Stephens"
I also request insertion of the following Copy of guarantee signed at the same time as the above. (Copy) "Principle of agreement. The route of the Regulator to be deviated and taken from the towns of Wadebridge, St. Columb, and Camelford.
"Principle of agreement: The route of the Regulator to be deviated and
taken from the towns of Wadebridge, St. Columb, and Camelford. These
arrangements to commence Michaelmas 1839, without Mr. Stephens can prevail on Mr. Fradd and Mr. Polkinghorn to release the Regulator Company from its engagement with them, in which latter case, the choice will come into operation on the 22nd of July next. Fares to be put up both ways on and from Tuesday next, the 25th day of June, to the scale agreed on, and so continued.
Mr. Clench, on the part of Mr. Prockter, agrees to these proposals.
Signed, John CLENCH Dated Exeter, June 21, 1839"
The Cornish Public will now see how far the statements of the HONOURABLE Regulator Company may be relied on. Yours obediently,
William STEPHENS Dated Exeter, August 7, 1839
FALMOUTH, EXETER, and LONDON DEFIANCE COACH - The Defiance Coach Company most respectfully inform their numerous patrons, supporters and the public generally, that this superior Coach continues to run from FALMOUTH to EXETER, and LONDON, via WADEBRIDGE, and that no unprincipled conduct, or erroneous reports, from whatever quarter they
emanate, will ever induce the Company to withdraw or swerve from the strict path of duty to the public.
The attention of the Cornish inhabitants is respectfully directed to the advertisements of the two competing Coach Companies, and according to their respective merits, the Proprietors of the Defiance submit the priority of their claims for public support, founded on a straight-forward course of business, over those of their opponents, who urge their claims upon statements, reports, &c., the correctness of which the public will now be enabled to see. Performed by Wm. STEPHENS & CO.
Dated Exeter, August 7, 1839
THE HARVEST - Newquay - We had a paragraph in type last week, stating that Mr. Richard Stephens of Pentire House, Crantock, had cut both wheat and barley, and that the crops were of very good quality; but we were obliged to omit that and several other matters of a similar description from want of room. The paragraphs also stated that several fields would be cut in the neighbourhood during the week,; and that should the weather prove fine, the harvest would be general in that andthe adjoining parishes in the course of a few days. We, therefore, conclude that by this time much corn has been cut in that locality.
Wadebridge - William Pollard, Esq., of Clapper, Egloshayle, cut a fine field of wheat on Thursday, the 1st instant, and is continuing his harvest. The Rev. Mr. Carlyon also reaped a field of wheat on the following day, and many other persons are following their example. The crops are not so much injured by the late severe rains as was apprehended, and should the weather yet prove favourable, the scythe and sickle will be a good deal in requisition next week; and we are happy to say there is every prospect of a good and productive harvest in this neighbourhood.
PENZANCE - The wrestling advertised to take place on Tuesday, the 30th ult., commenced on Wednesday, the 31st ult., in a field at the back of the Golden Lion Inn, the whole of which day, and that of Thursday, were occupied in making standards; and that on Friday, about one o'clock, the first round of standards commenced to play, it being put off to that time in consideration of several standards being miners, which gave them the opportunity of working at their respective mines in the early part of the day, and of returning again to the ring. Much interest was excited in this round, William Hodge, of Sithney, and William Penhall, of Gwinear, being matched, the latter of whom, after a contested struggle of upwards of a quarter of an hour, threw his competitor. In the second round of standards, Thomas Gundry, of Sithney, and Penhall were matched; and after two rounds had been
played with strength apparently equal, Gundry resorted to the disgraceful mode of buying Penhall's back (to use Penhall's own words) for two pounds, which mode also practiced by Rodda buying the back of John Berryman, of Towednack, and Richard Gundry that of James Carsue, of Sithney. In the third round of standards, William James of St. Just (Penwith) threw Richard Gundry. Thomas Gundry and Rodda were matched, and Rodda, without wrestling, gave his back to Gundry; after which Gundry walked over the ground without wrestling, having also agreed with James Morton, of Stithians. The prizes were therefore awarded as follows:
1st prize of ten guineas, to Thomas Gundry, of Sithney
2nd ditto, of six guineas, to James Morton, of Stithians
3rd ditto, of four guineas, to John Roberts, of Illogan
4th ditto, of two guineas, to Wm. James, of St. Just
5th ditto, of one guinea, to T. Bennetts, of St. Just
CAMBORNE WRESTLING MATCH - The finishing of Camborne wrestling took place, according to advertisement, on Monday last. The weather being very fine, much good play was anticipated, and the friends of the sport were not disappointed. To enliven the scene, three capital bands of music were in attendance on the ground, and played a great number of appropriate tunes, when the prizes were awarded as follows:
1st prize, ten sovereigns, Thomas Gundry of Sithney
2nd ditto, five sovereigns, Richard Oates of Camborne
3rd ditto, three sovereigns, ___ Oliver, of Newlyn East
4th ditto, thirty shillings, to John Rowe, Camborne
5th ditto, a good gold lace hat, to ___ Merton, of Gwennap
ACCIDENT [as written jm] - On Tuesday last, a little girl about two years of age, the daughter of Thomas HASLETT, cabinet maker, of Ferris's Buildings, in this town, was playing, and while unobserved fell into a well 32 feet deep, in which there were six feet of water. The child lay there nearly 10 minutes till discovered by the neighbours when it was got out by a young man who went down in a kibble. The child was, for nearly two hours, during which neither pulsation nor breathing was perceptible. The child's face was livid, and the whole body perfectly cold. Mr. Blamey, (pupil of Mr. Spry), immediately attended and resorted to the usual means adopted in these cases, and after two hours perseverance pulcation and breathing returned, and on the
following day the child was quite convalescent.
MARHAMCHURCH FAIR, on Monday last, was plentifully supplied with all sorts of cattle, but in consequence of other fairs taking place on the same day, the sale was dull; scarcely a cattle dealer attended, and the business done was limited. Sheep and lambs were exhibited in great abundance, but few sales were realized at about 5 � d. to 6d per pound.
TRURO DIVERSIONS - These amusements, which had been postponed, took place on Tuesday last, in the Waterloo-field, in the parish of Feock. There was a very large attendance of persons from all the neighbouring towns and villages; a number of tents were erected in the field, which the warmth of the weather caused to be well frequented. The racing commenced shortly after twelve o'clock, with the first class horses. ...
[Racing results were then shown for the first few races.]In this race, we lament to say that a most melancholy event occurred, Tipsey having a tremendous fall with her rider, a lad named Leverton, about 16 years of age, was killed on the spot. This served to throw a damp on the
amusements for the rest of the day, which had promised otherwise to be one of a most satisfactory character to all present. [see Inquests, below jm]
INQUESTS - On Saturday last, Mr. Carlyon held an inquest at Carharrack, in the parish of Gwennap, on the body of Thomas MICHELL. The preceding day, between six and seven o'clock in the evening, a driver of one of Messrs. W. and E. C. CARNES' carts, of Falmouth, came to the house of the deceased, to borrow a quill, for the purpose, he said, of blowing some salt into one of his horses eyes, which he had struck accidentally with his whip. The deceased had no quill at his house, but he took the trouble to send for one, and it would appear from this, and other circumstances, that he knew very well what the quill was really wanted for, and that he had supplied the same person with one before. The quill was eventually procured, and the deceased and the driver proceeded to the cart, which was in the road close by. They then bored a hole in a barrel of spirits which was in the cart, and began to suck
the contents through the quill. Two or three of the carts, which happened to be passing at the time, were also halted at the same spot, and each of the drivers joined the first two. How long they were thus engaged did not appear, but at length a miner, called Francis BLAMEY, who had been observing them from a distance about three-quarters of an hour, went toward them to see what was going on. On his arrival near the place, the carts were all driven off by their respective drivers, and he accompanied the deceased about 40 yards toward his house. Deceased did not at the time appear to be the worse for drink, but he told witness that he had had a noble drop of brandy from one of the carts that had just moved off, and that in an hour's time he should be as drunk as a sack. Shortly afterwards, deceased fell asleep, and, on his not awaking the following morning, a surgeon was sent for, who found it impossible to arouse him, and he died from the effects of
drinking so much raw spirit, about five o'clock in the afternoon (Tuesday) Verdict accordingly. Deceased was 40 years of age, and has left a widow and four children in the greatest poverty.
The inquest on George LEVERTON, who was killed at the Truro diversions, was held in the evening of the day on which the accident happened, and a verdict of accidental death returned.
On Wednesday se'nnight, an inquest was held in the parish of Jacobstow, on the body of Mr. Thomas BAKER, a farmer of that parish, whose body was found about a quarter of a mile from his home. He had been at Boscastle fair, and, returning late, had to cross a ditch on a plank, over which he is supposed to have fallen and dislocated his neck. Verdict, accidental death.
REDRUTH - On Thursday morning last, a man called Williams was found dead in bed with his brother. He had been sick the preceding evening, was unwell for some days before, and had been drinking without taking scarcely any food for a day or two. It was the opinion of the doctor who saw him that he had ruptured a blood vessel. An inquest was held of the body the same day, when the jury returned a verdict of "died by the visitation of God". The unfortunate man has left a wife and two children.
DETERMINED SUICIDE [abbreviated a bit jm] - On Thursday last, as the constable of St. Columb was conducting a prisoner named Thomas WERRY to the county gaol, the man halted. The constable, after proceeding a step or two, turned round to discover that the prisoner had cut his throat. With great difficulty, he dragged him along to the prison door, when he was immediately put into the prison hospital, and surgical assistance promptly procured. On examination, the wound was found to be extremely serious, but not such as to cause instant death; and the poor fellow lingered until Monday afternoon, when he expired. An inquest was held before Joseph Hambly, Esq. [The man was accused of stealing tools from the Union-house building; arrested in Truro; brought back to St. Columb. They confiscated a knife and 2 handkerchiefs at the time of his arrest. The constable took him to his house the next day, when he probably procured another knife. The constable testified he had never brought a person who seemed "so cheerful" to the gaol before, and that the man conversed rationally up to the moment of his action. The jury returned a verdict of Felo D..t, and according to the existing law, the body was interred about ten o'clock on Tuesday night. jm]
TRURO POLICE On Friday last, William HARRIS, a shoemaker, was committed by Capts. Pengelly and Kemp to a month's hard labor for an assault upon William HARE, one of the new police. The same prisoner was also committed for a like term for an assault upon William CLYMA, another policeman. On the same day, Mr. Henry TRIBE, xxx Secretary to the Great Wheal Prospect Mining Company, &c, was charged with an assault upon Philip Vyvyan ROBINSON, of Nataloe, Esq, a county magistrate. It will be remembered that Mr. Robinson was examined at great length in the action for libel Thomas V. English, and
in that examination he gave offense to Mr. Henry Tribe, who revenged himself on Wednesday by assaulting and kicking the complainant on the hip, while the latter was standing near Pearce's hotel. The Bench fined the defendant �3, which was immediately paid.
INSOLVENT DEBTOR'S COURT - This Court was held at Bodmin, on the 2nd instant, before __ Bowen, Esq., one of her Majesty's Commissioners.
Joseph BOLDISSON was unopposed; and on being examined by The Commissioner, it appeared he had farmed a few acres of land, and had been unfortunate in business. Insolvent was served with an ejectment, and had been concerned in a trial at Assize. Having failed in both instances, all expenses fell on him, which was the cause of his appearance there. His schedule having been approved of, he was declared fully entitled to the benefit of the act, and was discharged forthwith.[may have been shown as Robbisson, or Robinson, at the Assizes; name was hard to read. jm]
James BOURMER was also unopposed. He owes Messrs. Dingley and Marshall � 88; of this sum, he says he should have paid as far as he could, and had offered to give up his books to them, consisting of about �12 good debts, and �5 in money, which was all he possessed of at the time of his arrest; but he had received debts since being in prison. The Commissioner said, taking into his consideration the facts of his having a dependant family, and the imprisonment he had already received, being from April last, he would on these accounts discharge him; but, had these matters been otherwise he should most certainly have remanded him for having received debts since his imprisonment. Discharged.
John Taylor ELLIOTT had been remanded from the last court to file a new
special balance sheet, the one at that time produced being imperfect and incorrect. This insolvent was opposed by Mr. Oxenham, barrister, on behalf of the detaining creditor, Mr. Couch; several sums of money were accounted for in the new, which had not appeared on the old sheet. Still there remained � 690, for which he gave no account, and the learned Council contended that this was not an efficient and just special balance sheet to satisfy an opposing creditor. Mr. Ball, for the insolvent, was about to address the court, when the Commissioner said there was not the slightest occasion for his so doing, as he (the insolvent) had been remanded from the last court to file another special balance sheet. With this he had complied, and the imprisonment which insolvent had already received, being a sufficient punishment for his negligence, he should be discharged.
Philip BERRYMAN was opposed by Mr. Moorman of Falmouth, for Mr. Pellew, the detaining creditor, and was supported by Mr. Ball, barrister. It appeared from his examination, by Mr. Moorman, that he became a tenant to Mr. Pellew in 1829, and occupied the estate called Treverry, in the parish of Mawgan, seven years and nine months, at the yearly rent of �135. There was no agreement between them more than a copy or draft drawn up in Mr. Pellew's handwriting, and signed by himself. The estate was about 70 acres of tillable land, which he had never ill-used. In July, 1837, he had a sale and sold off his stock by auction. Proper notice had been given of that sale, and he did not apply the proceeds to his own purposes, but paid them over to Mr. Jago,his father-in-law. It appeared that many of his family connexion attended and purchased at the sale; some of them purchased some of his furniture, which is now in the use of his family, who are keeping a public-house in St. Keverne. He paid his estate rent down to Michaelmas, 1837; had a term of 14 years in that estate, according to the agreement before mentioned, which agreement had been handed over to Mr. Carlyon, who
at the time was Mr. Pellew's attorney, to draw a deed. He had a van, which had not been inserted in his first sheet, and he sold it to Mr. T. Pearce, of St. Keverne, in November last, for �9. Had paid Mr. Pearce �9 and �32; this was some months before he was arrested; didn't know then that he should go to prison. He left furniture in the house at St. Keverne; it was Mr. John Jago's; it was there when he went into the house. Mr. Jago rents the house of Mr. Pearce; there are brewing utensils there; they belong to Mr. Jago. The proceeds of the sale, �166.1s, were paid to Mr. Jago by his order; he then owed Mr. Jago �500, which had been lent to him at different times to pay his rent. He could not say as to any security given for these sums. Mr. Jago began to lend him money nine years ago. There have been accounts settled between them.
By Mr. Ball - Mr. Carlyon was his landlord's attorney at the time he entered on the estate; he had applied to Mr. Pellew and his son several times for his deed; entered the farm after the agreement was signed; he paid his rent for seven years to different persons, sometimes to his landlord or his son, at other times to the steward. Mr. Thomas Pearce, of St. Keverne, was his auctioneer; his stock was sold on the farm by the usual course of selling farm stock; the sale lasted from two o'clock in the afternoon until six in the evening; there was no difference betwixt that and another sale. The �166.1s. was the full amount of the sale, without deducting expenses. In 1835 he had a promissory note of Mr. Jago for �137 discounted at the bank of Messrs. Vivian & Co. With this money he paid his rent to Mr. Pellew; after
which he sold his property to pay Mr. Jago. That bank money paid his rent to the Michaelmas before the sale; he paid no rent after this, no one requested any.
By Mr. Moorman - he sold his goods to Mr. Pearce in satisfaction of his
debt; paid him a �9 debt; a �35 debt was contracted with Mr. Pearce in the last few months for goods sold; it might be more than a six months debt.
By the Court - At the time Mr. Pearce had the van, he did not pay him any money; only had the horses and van; he (Mr. P.) still supplies his family with goods.
Mr. Jago was called, who produced a bill of the different sums of money
insolvent had had of him, which sums he had never considered as gifts, but loans; he lent him this money to keep him on his legs, he never received nor asked any interest.
Mr. Pearce, auctioneer - Mr. Jago ordered him to sell the goods; the sale was a regular sale. Insolvent sold him the van on the day he went off to prison; he was much in his debt; he asked him for the amount, or, as he had no money, to let him have some property as satisfaction. He then handed over some property to him, which made �11.10s. Insolvent paid his rent yearly. [words from "sold him the van" to "off to prison" were italicized by the newspaper]
Mr. Moorman, on the part of the detaining creditor, contended against the preference which insolvent had made by handing over the proceeds of his property in full to Messrs. Jago and Pearce, without apportioning any part thereof to any other creditors; and further, that as the notice of the sale was only four days, according to the printed handbills, such action was not sufficient. Mr. Ball addressed the court on behalf of the insolvent, after which the judgment of the court was delivered.
The Learned Commissioner did not see that the point of opposition, as to the sale, was clearly made out; but as to the insolvent's making over his property to one creditor, when he was about going to prison at the suit of another, he could not, and would not, pass over it. In such cases, the law expressly declares that all property shall be divided indiscriminately for the benefit of the creditors. He should therefore imprison the insolvent for six calendar months, from the time of vesting the order, which, accounting the time he had already been confined, would be about another month for him. The Commissioner declared Mr. Moorman to be entitled to costs.
Thomas DANNIELL[?] who was unopposed, had been assisted by the Society for the Relief of Insolvent Debtors, to whom he expressed his thanks and obligations. The schedule being approved of, he was declared entitled and discharged.
Susanna POLLARD had received notice of opposition from Mr. C. WALLIS, but as that gentleman did not appear, she was discharged - End of Insolvent Court Cases
23 AUGUST 1839, Friday
[Not sure where to put this. It's a continuation of the trials, but
published the following week. Hopefully this will all be clear, as
confusion isn't our goal! - West Briton, AUGUST 16, 1839 - Assizes - actually published the following week, on Aug. 23, 1839 - jm]
Paul CLARK was charged with breaking into the dwelling-house of William
ROUSE, of Kenwyn, and stealing therefrom a pair of trowsers, a waistcoat, and a handkerchief. The prosecutor stated that he left his house on the morning of the 25th of December last properly secured; and when he returned, between ten and eleven o'clock at night, he found that a pane of glass had been broken in the down-stairs window. On going up-stairs he discovered that his box had been opened, and the contents thrown about the room. A pair of trowsers, a waistcoat, and a handkerchief were missing. He next saw those articles in the hands of the constable.
William MITCHELL examined: Witness is a labourer at Truro. He bought a pair of trowsers and a waistcoat of Benjamin Mitchell, and had worn them. He afterwards saw prisoner, who told him that he bought them of Mr. Trenerry, a tailor of Truro.
Benjamin MITCHELL called. Witness saw prisoner on the 1st of January at Tucker's beer-shop with the clothes. He asked witness if he would buy them; but witness, not having the money to purchase for himself, went out and sold the things to the last witness for 5s.6d, which he paid to the prisoner. George ROBERTS, a constable, apprehended William Mitchell, and found upon him the clothes now produced. (These were identified by the preceding witnesses.) Samuel TRENERRY, tailor at Truro, swore that he never made any clothes for the prisoner. William ROWE, constable, apprehended the prisoner at Plymouth, where he had enlisted into the 85th regiment, by the name of John Stanton. Guilty. Ten years transportation.
John WILLIAMS was charged with having stolen a mattock[?] from William
BULLEN, of Newham, in Kenwyn. Not Guilty.
William PASCOE was charged with having stolen a fowl from Richard POOLEY, of Luxulian. The prosecutor stated that, finding one of his fowls missing on Saturday, the 13th ult., he on the 23rd searched the prisoner's premises, and in a field belonging to him found a sort of cave, and the fowl in it. The cave had a large roofing-stone against it, and a ledging-stone upon it. there was no evidence to show that the fowl had been thus hidden by the prisoner; the field adjoined the turnpike road, and was accessible to any one. The jury acquitted the prisoner, but found that the fowl was the prosecutor's property.
George BENNETT and William WILLS were charged with having assaulted and
robbed James MAY at Penryn. The prosecutor stated that he was a journeyman shoemaker at Gwennap. He was at St. Day on Saturday the 27th ult., on his road to Mylor. He saw the prisoner Wills there, and asked him if he would let him ride to Penryn in his cart. Wills said he would. They left St. Day at 11 o'clock at night, and on arriving at Ponsanooth, Wills and he went into a public house, and drank three pints of beer. Witness took out his money to pay for the beer. He had then 19s.6d. in silver., Soon after quitting Ponsanooth, Wills pushed on and left witness behind. He walked on to Penryn Praze, and being weary sat down there. Wills and the other prisoner, Bennett, came up to him, and asked if he would give them some beer. He said there were no public houses open, but they offered to take him to one. They then took hold of him and led him along. After going a short distance, one of them said he did not think any public house was open, and asked him for a shilling. He refused, and both prisoners struck him several blows. They got him on the ground; and Bennett put his hand into his pocket and took out 16s. He knew it was this sum by counting what he
had left. He called out, but no one came to his assistance. The prisoners took up his bundle, and beat it about his head. It was moonlight, and he could distinctly see the prisoners.
Cross-examined: Witness was sober enough at Ponsanooth to know what he was about. He had a few words there with a man about wrestling, but did not hunt his pockets for money to make a wager. Praze is a large road with houses around it. Witness was never in a court of justice before.
Henry EVANS, yeoman, at St. Gluvias - On the morning of the 28th ult.,
witness saw the prisoner near the Three Nuns, a furlong from Penryn Praze, between twelve and one, dressed as he is now. Praze is a public place near the turnpike road.
The following witnesses were called for the defense: John RICHARDS saw
Wills and the prosecutor at Ponsanooth. The prosecutor offered to wrestle with him for a sovereign; but on searching his pockets could find only 4s. He was very drunk and uncivil to the landlord.
There was also an attempt to prove an alibi, and some evidence in character. The Learned Judge summed up, and the jury, after some deliberation, found both the prisoners guilty of the assault. Six months' hard labour.
BENNETT was afterwards tried for cutting and maiming Henry EVANS, the
witness for the prosecution on the last trial; when nearly the same evidence was adduced. He was found Guilty, and sentenced further to two years' hard labour.
John MARTIN, Samuel HOYDEN, George BASTIAN, and John TRIPCONEY were charged with having assaulted and obstructed Francis BEATTY and Philip CALF, coastguard-boatmen, in the execution of their duty. Mr. Sergeant Bompas, Mr. Moody, and Mr. Erle appeared for the prosecution; Messrs. Cockburn and Smith for the prisoners.
Francis BEATTY sworn: Witness is a coast-guardsman. On the night of the 4th of April last, when on duty, near Penair estate, he heard a whistle; and in the morning, he found a boat on shore; there were slings in her such as are used by smugglers. There were footsteps on the each, which he traced towards Penair farm, kept by Wm. TRIPCONEY. He searched the barn there, but found nothing. He then went into a lane nearby, where he saw the prisoner Martin, and Philip CALF, a coast-guardsman. Saw Martin trip up Calf. A great many people were there. A scuffle ensued, and Martin had Calf in a hedge and held a large stick over his head; but witness saw no blows struck then. Calf sang out "For God's sake, don't kill me." Upon this, witness ran up, when Bastian collared him. Tripconey struck him with his fist. Some men struck him with sticks, and with their fists. Witness was thrown back into a pool of water. Farmer Tripconey came up, and said "What are you
about? Don't kill the man." Witness then got clear of his assailants, and he and Calf seized three kegs of smuggled spirits.
Cross-examined: When Martin tripped up Calf, both turned round. Cannot say which struck first. Calf used his stick freely, but struck no violent blows. Witness did not hear Calf challenge any of the party to a fight. John Tripconey struck him. Calf was walking quietly on, when he was tripped up. Did not see Hayden standing between Calf and Martin endeavouring to quiet them. Does not know whether John Tripconey, of Trenance, was there. Bastian was laying about him with a stick when he went up to Calf. Tripconey struck him, as did several others. He recognized Tripconey among a crowd of men in Helston street. Witness received a blow under the ear, and his face was covered with blood. Tripconey was not there then. Witness had a lump in his back, as big as his fist, from the blows he received.
Philip CALF corroborated the evidence of the last witness. He further
stated that just below Penair farm, he found a warp such as is used in
getting the tubs ashore. He found three tubs in a turnip-field on Penair. George Bastian and John Tripconey were close to him; the other prisoners were about 70 yards off. They saw him find the kegs. Between 29 and 30 men were near. Witness saw nine or ten come out of the barn; John Tripconey was among them. He did not know him till then; had known the other prisoners for five or six years. When Martin tripped him up, he struck him with a small stick, which was broken by the blow. Witness was struck with other sticks, and with fists. Martin stood over him as he lay against the hedge, holding a stick over him. Most of them had sticks. Martin took off his cap, hurrahed, and said they had done for witness and his companions. The prisoners knew they were officers. Witness seized the tubs in the Queen's name, Bastian and Tripconey must have heard it. William Tripconey asked the men if they knew the consequence of what they were about; and said every man of them would be transported. He said the officers were welcome to search all his premises; he had nothing to do with the job. Hayden was then near. About 100 yards from the barn, 12 tubs of smuggled spirits were found concealed under potatoe-stalks.
Cross-examined: Witness did not challenge any two of them to fight. Hayden did not attempt to prevent Martin from beating him. Martin swore if he had a pistol he would blow witness's brains out.
John PERKINS, commissioned boatman, proved the seizure of the kegs. He himself was not molested. John Tripconey was one of the party. Simon TAMBLY, a boatman, gave similar evidence.
Lieut. BOYDER, R.N., chief officer. Witness came up about an hour after the affray, and found Beatty very much beaten. He was bleeding from the nose and ear. Calf appeared much beaten about the head. In all, 29 tubs were taken, containing 116 gallons of foreign brandy and 10 of gin. Witness's men generally carry cutlasses and pistols. There had been a dreadful storm the night before.
The Learned Counsel for the prisoners called: William TRIPCONEY. Witness is the farmer at Penair. On the morning of the 5th of April, Martin came there to shoe his oxen. Calf and Beatty came about nine o'clock to search; witness gave them permission. Martin finished his work between nine and ten o'clock and left the place. He was tipsey
when he came. Witness heard that a row had occurred, and went to the gate, then saw the coast-guard men and the other men in the road. Hayden was standing between Calf and Martin, trying to prevent them from fighting. Bastian stood a little distance off advising them not to quarrel. Witness asked what they were quarrelling about; Hayden said Calf had hit Martin on the head. Calf was in a very great passion and swearing. Witness heard him offer to fight any two of them; this witness used all his endeavours to keep them quiet. No violence was used in his presence.
John TRIPCONEY is related to witness, and was in the house when witness went into yard; and when witness returned he was there still. There were not more than 8 of 9 men altogether when witness was at the gate.
Cross-examined: Witness did not send anyone to harrow his field that day, but afterwards found it harrowed. Some of the tubs were found 150 yards from his barn; the second lot not far from his barn. Bastian worked for witness as a tailor. Hayden does not work for him. He did not say anything about transporting to the men while at the gate.
Verdict: Martin, Hayden and Bastian Guilty. Twelve months' hard labor, the first and last weeks solitary. Tripconey Not Guilty.
This closed the business of the Crown Court.
NISI PRIUS - FRIDAY, AUGUST 9 - The Court sat as usual at ten o'clock, and continued to hear small debt cases.
Medlyn v. Rowe This was one of a number of cases sent from Helston, and was for the recovery of �1.19s. of Wm. ROWE, of Breage, for goods sold and delivered by the plaintiff, who also resides in Breage. It was attempted by Mr. STOKES to prove an admission, by means of a strange old man who acts as bailiff to the good people of Helston, but whose evidence is always rather muddy when he is called to speak in a court of law. On this occasion the following colloquy took place:
Mr. Stokes - Did you see the defendant at the time that you served the
summons? Lanyon, bailiff - I don't know yet. I want to recollect.
Mr. Stokes, after waiting a few moments - I wish you would make haste, and collect your wits together and remember whether you know William Rowe. The Vice-Warden waited some time and then said - Well, do you know him now? Lanyon - I will recollect me in a few minutes and let you know. (laughter) Mr. Stokes - I withdraw the case. My brief states that the witness knows Mr. Rowe. Vice-Warden to Lanyon - If that is all you know the jury would hardly be induced to place any dependence upon you.Lanyon, who seemed to have just obtained a new light, here exclaimed - Oh yes, oh yes, Sir; here is the woman here. (laughter)
Vice Warden - But we don't want to know about the wife; do you know the
husband? Lanyon - No, I don't think I do. (laughter) Mr. Stokes - Then I cannot sustain it. Nonsuited.
TO THE ANCIENT AND HONOURABLE SOCIETY OF FREE AND ACCEPTED MASONS OF CORNWALL - P.G.L. August 13, A.L. 5839, A.D. 1839 - It has pleased the Great Architect of the Universe to release from this mortal state our late Right Worshipful Provincial Grand Master, Sir JOHN St. AUBYN, of Clowance, and St. Michael's Mount, in Cornwall, Baronet, F.R.S., F.S.A., F.L.S., &c.&c&c.
This event has caused generally the most deep and poignant regret, especially to the Brethren of the order to whom he was endeared by the deep interest which he invariably manifested toward them, and the refinement, urbanity, and high elevations of character for which he was pre-eminently distinguished.
The Venerable Baronet expired on Saturday, the 10th instant, at his Town residence in Portland Place, in the eighty-second year of his age, and the fifty fourth of his Presidency.
Notices respecting the 27th instant will be announced as early as possible. - J. ELLIS of Falmouth, P.G.S. &c.
30 AUGUST 1839
St. Mawes Regatta - On Tuesday se'nnight, the ex"-borough of St. Mawes was a scene of great animation and gaiety. About sun rise the good people were aroused from their slumbers by the drum and fife, to the tune of "Ah! Johnny Cope, are you wanking yet." Preparations were then commenced for the sailing and rowing matches. A platform was erected on the quay for the committee and managers, which, together with several houses in the place, were decorated with flags, laurels, &c. About half-past eleven, at the discharge of a signal gun, five pilchard seans' lurkers started from buoys moored off the pier head, and sailed round the Black Rock, and round some boats stationed off St. Anthony's and the Castle points, and afforded a very interesting match. About two o'clock several small punts started under canvas, and as they glided under a steady breeze along the shore of St. Anthony in a compact cluster, furnished the persons congregated a most interesting spectacle. The prize, a small sum of money, was won by the punt
belonging to S. Vincent. Several of the 6-oared gigs then entered the
lists, and a spirited contest was kept up for the prizes, the first of which was at length won by "Ides" of Falmouth; and the second by Robert Smith, of St. Mawes. Upon the whole, the different matches went off in good and gallant style, and the boats in their various positions afforded a pleasing coup d'oeil to the numerous visitors who were attracted to St. Mawes by the lively sports. The animating scene was much enlivened by an excellent band that paraded the cliff during the day, and the evening was spent in a variety of amusements which did not terminate till the dawn of morning.
Lostwithiel and St. Austell Turnpike - A correspondent reflected last week with great justice on the state of the eastern roads under this Trust; those in the district between Lostwithiel and St. Austell are open also to great complaint. The tremendous hill out of the former place westward, the elbow turn through St. Blazey, and the two unreasonable water-courses near Tregrehan, want immediate attention. It is said that the best index of the civilization of a country is furnished by the state of its roads and conveniences of travelling. We fear that some parts of Cornwall, if measured by this rule, would be found at least half a century in arrear of the average of the kingdom. Though much has been done, and is doing, a great deal more is required, and would be amply paid for by the additional cheapness, ease, and celerity of communication.
The Late Sir John St. Aubyn - The remains of this lamented baronet passed through St. Austell on Saturday last, and during the day lay at Lynn's Hotel, which was visited by many hundreds of persons. On Sunday the melancholy cortege stopped at Pearce's Hotel, Truro, and after lying in state there, proceeded on Monday morning on its route to Clowance, where the body again lay in state on Wednesday. Every where the greatest respect was manifested for the deceased baronet. He was to be buried yesterday, and we hope to furnish every particular respecting the interment in our next.
Sunday School Treats -St. Stephens [In Brannel] - On Monday, the 5th
instant, being St. Stephens feast, the children belonging to the Wesleyan Sunday School at Nanpean were regaled with their annual treat of tea and cake, in a field near the chapel, which had been previously laid out and ornamented with arches, decorated with laurels, flowers, &c. After the repast, the whole party repaired to the chapel, where an excellent and appropriate sermon was delivered by Mr. Bawden, of Grampound.., at the close of which the children recited several pieces in a manner highly credible to their age and standing in the school, and the day closed in a manner satisfactory to all parties present.
Melancholy and Fatal Accident -On Friday last, a fine young man called David Eddy, of St. Just, aged 17 years, being about to descend in one of the levels of the Levant Mine, lost his balance when placing his tools in the kibble, and was precipitated into the shaft, 20 fathoms deep. He was, of course, killed on the spot.
Fatal Mistake - A most melancholy case has lately happened at Threeways, in the parish of St. Breock, which has been attended with fatal consequences to three persons. It appeared from the evidence taken before the coroner, Joseph Hamley, Esq., that on Monday the 19th instant, an old man named John JULIAN, gathered, as the though, some mushrooms, which he took to his house and had fried for dinner; but they proved to be a species of Fungus commonly known by the name of toad-stools. The old man, his wife, and grandson partook of them, and about 12 hours after they were all taken violently ill; but it was not till two days after that medical aid was called in. In spite, however, of every effort, death put an end to the sufferings of the little boy on Wednesday evening; the old woman died on Thursday, and the old man lingered till Sunday morning, when he also expired. On of the old man's
sons, who lived under the same roof, came home rather late to dinner, and partook of a small quantity of the poison; but although he has suffered severely, he is now doing well. A verdict of "died on consequence of eating Fungus in mistake for mushrooms" was returned by the jury at the coroner's request.
Coroner's Inquest - An inquest was held at Five Lanes by Joseph Hambley, Esq., on Saturday last, on the body of a person named DAWE, a large farmer of Alteruan. The deceased had been to the Moors for turf, from which place he was returning with a load, and was seen riding on the shafts of his cart a few minutes before he was found dead on the turnpike road, with his head crushed to pieces. It is supposed that he had been attempting to whip the fore horse, and in leaning down he overbalanced himself, and fell off, and the wheel passing over his head, killed him on the spot. He has left a wife and eight children. Verdict, accidental death.
Reopening of St. Blazey Church - The church of St. Blazey, which has been considerably enlarged, was re-opened for divine service on Wednesday last. The Rev. T. Grylls, rector of Cardynham, and the Rev. W. Rawlings, rector of Lansallos, preached very impressive sermons on the occasion; and in the afternoon the children and teachers of the Sunday Schools were regaled with tea and cakes. The Rev. N. Kendall, vicar of Lanlivery, preached an appropriate sermon to the children in the church, and the Rev. E. Rimell, minister of the parish, addressed them in the field. The church, which has been almost rebuilt, is now considered as one of the neatest in the county.
ADVERTISEMENTS - Astonishing Feats of Activity - On SATURDAY, September the 7th, at Two o'clock in the Afternoon, the celebrated AMERICAN JUMPER, who has recently been exhibiting in various parts of the kingdom, WILL JUMP, HEAD DOWNWARDS, off the HIGHEST CLIFF, situated near the LIGHTHOUSE at Portreath, into the sea, a height of 200 feet, and perform other equally astonishing feats. There will be an Ordinary at the Hotel, at one o'clock.
Notice is hereby given that the Partnership lately carried on by us, the undersigned Richard HOCKEN and James MAY, as Woollen Manufactureres, at Scaweswater, in the parish of Kenwyn, in the county of Cornwall, was, on the First day of August instant, DISSOLVED by mutual consent. Witness our hands the 19th day of August, 1839. RICHARD HOCKIN, JAMES MAY
[end]
[ BACK ]