cornwall england newspaper
1840 NEWS ARTICLE
AUGUST
7 August 1840, Friday
Stephen Huddy, 21, was charged with stealing a great coat, the property of John Stephens Truscott, of Truro. John Smith stated that on the night of the 14th of June, he was returning to Truro from the Indian Queen's, in a gig, and while proceeding up Pydar-street, the gig was upset and he was thrown out. Several persons came to his assistance, and when he got up a great coat that he had had round his legs, belonging to the prosecutor, was missing. - Mr. James, pawnbroker, stated that on the following day the prisoner's wife brought the great coat and pawned it for 7s. He gave her a ticket. - Edward Stephens, a shoemaker, at Truro, stated that on the 16th of June, he was at a beer-shop, kept by Francis Green, when the prisoner came in and sold him a pawnbroker's ticket of a great coat, for 4s. The great coat was proved to be that of the prosecutor, but it was never shown to have been in the prisoner's possession. Not Guilty.
John Williams, 18, was charged with having stolen a silver watch, the property of John Andean, of Tuckingmill. It appeared that on the 22nd of July, the prisoner went to the prosecutor's house to ask for the payment of 14d. To his father; and while the wife of the prosecutor was up stairs, he was heard to walk into the house, and the watch was afterwards found missing. The prosecutor, in the afternoon of the same day, went to Falmouth with his wife, and there saw the prisoner, who it appeared had sold the watch to a jew jeweller, named Falksom, for 6s., half being paid in money and half in goods. Several persons were called and gave the prisoner a good character, but they all spoke to his being of weak intellect. Guilty; A fortnight's hard labour.
Elizabeth Richards, 16, was charged with having stolen two collars, a turnover, and four yards of lace, the property of Sarah Longmaid, of Truro. The prisoner was one day in June employed at the house of Wm. Longmaid, in the absence of his daughter, when she stole the things in question, and they were subsequently found in her possession, by James Longmaid, the constable. The Longmaids gave the prisoner a very good character during a period that extended over some years anterior to this robbery. Guilty; Three months' hard labour. The Judge directed Mr. Everest to keep the prisoner separate from the more abandoned prisoners.
Elizabeth James, 17, was indicted for stealing a pair of stockings, a handkerchief, and a pair of boots, the property of Mrs. Dennis, mer[?], of Bodmin. The things in question were found at the prisoner's house, where Bray, the constable, had been induced to go from some information that he had received. The evidence of identity was very loose and unsatisfactory; but when the prisoner was called upon for her defence, she called a witness, who made the case against her considerably worse than if was at first. The witness's name was Jane rogers, a young damsel well known to the constabulary, and the companion of the prisoner in her evening walks. This witness stated that the stockings were given to the prisoner by young master Henry Dennis, last Wednesday evening, and the handkerchief was given on the following Saturday, and when the youth was spoken to as to where he got them, he said he had them from home, where there were plenty more. The witness, in her cross-examination, admitted that she had come out of gaol eight weeks ago, and the prisoner had been there with her. The Judge said that question ought not to have been put. His Lordship then summed up, and the jury found the prisoner Not Guilty.
Receiving Stolen Goods � John Taylor, 40, and Maria Taylor, 37, were indicted for receiving two pieces of fustian, nine yards of cotton print, and a part of a cotton shawl, the property of John Rooke, of Perranarworthal, well knowing the same to have been stolen. The case was conducted by Mr. Montague Smith, and the prisoners were defended by Mr. Cockburn. - John Rooke stated, that on the 13th of March, he went to bed late at night, and when he came down early the next morning, he found that the shop had been broken into, and a great quantity of drapery goods stolen therefrom. At the July sessions, a young man, named Benjamin Michell, was tried and convicted for the burglary, and sentenced to transportation. - William Rowe, examined. - I am a constable at Truro; in consequence of information I received, I went, on the 4th of July, to St. Ives, to a stable kept by James Taylor, the husband of Maria Taylor and brother of the other prisoner. He drives the mail cart from Truro to St. Ives; I had some conversation with James Taylor, and searched the stable, and found some articles of drapery. The things were under some hay in the stable, they were made up in a parcel as they are now, and I took them. - Mr. Rooke identified the things produced as his property. - Mr. Roe, in reply to a question from Mr. Cockburn, stated that he went to St. Ives in consequence of something told him by Benjamin Michell after he had been convicted. - Sophia Michell, examined. - On the 18th of March, I went to Truro to the house of my son in Calenick-street, he lived there with Mary Opie. In consequence of something I heard, I went to the house of James Taylor about three weeks after that; when I first got there I saw Maria Taylor's son, John Taylor, coming down the street with a policeman, and he told me that he had been taken into custody on a charge of stealing some fustian; but he did not care to tell me more about it. I called again about twelve o'clock at night, but my son had not come home. I saw both John Taylor and Maria Taylor's daughter, Nancy; they were all in the front room. John Taylor, the prisoner, told me all was well, and that Ben was at the back door. He went to the back door with me, and I found Ben there. When Ben came forward, I asked him if he did it, and he said yes; and John Taylor talked to him familiarly about the robbery at Mr. Rooke's house. When he came into the house, John Taylor persuaded him to leave and go to Wales, and he said he was a fool if he did not. Then I left the house, and went there about eight o'clock the next morning. I saw John Taylor, the prisoner, and I asked him for Ben, and he said that Ben had left about five o'clock that morning, and that all was well. He said "we have packed up the clothes in a parcel, and sent it to St. Ives, in James Taylor's gig, and had directed it to Mary Ann Tremayne, and as she was in London they would not be enquired for." I called again at James Taylor's, the same day, and saw Maria Taylor in bed unwell, and she said the same thing. She told me that if Mr. Rowe had come directly he would have found all the things in their house. I asked her what she had done with the clothes the night before, and she said that as soon as her brother-in-law had come home from the pawn shop, they went to work and threw them into a field behind the house. I went again to James Taylor's house about a fortnight after this, and Maria offered me a gown print that came from Mr. Rooke's. I refused to buy it. Maria Taylor told me that Ben came to her house the first place after he came from Mr. Rooke's. She told me that he said that he had had a hard night's work. John Taylor, the prisoner, lives in the same house as Maria Taylor.
Cross-Examined by Mr Cockburn � I am a widow, and I gain my livelihood by charing and working in the fields. I can't tell you any one that I have chared for, for more than two days during the last six months; I can't say any one for whom I have worked in the fields during that time. I have been living with my son at Wadebridge, I can't say what Mary Opie is, she must answer for herself. My son lodged with her. I don't know that they lived together as man and wife; I can't answer for that. I have slept in the same house with Ben. There is one bed-room in the house; they occupied the same room. There were two beds, and Mary Opie slept in the bed with me. I can't say whether she is a woman on the town; she is here to answer for herself. I never mentioned these conversations to any body till my son was tried and convicted. I saw the handkerchief that the things found in St. Ives were wrapt in in Maria Taylor's house after Ben was put to prison.
Mary Opie, examined � Stated that she lived in Truro, that Ben Michell lodged at her house. This witness went on to mention several conversations with the prisoners, similar to those described by the last witness. - Cross-Examined � Ben lodged with me. I have a house of my own; my sister occupies the house with me; her name is Ann. There are two rooms in it, a kitchen and a bed-room. My sister lives in the house with me; we all slept in the same room. I gain my livelihood some times by sewing; I get plenty of work from my eldest sister who is married. My sister who lives with me gets her living in the best way she can. I don't know how long I have been living in this way. Ben Michell has lived with me for two yers; he has done nothing to support me; I have paid the household expenses. I don't support him � he finds his own meat and drink.
Susan Brown, of Calenick-street, wife of a tinman, related one or two conversations which she said she had had with the prisoners, in which they said they should be fools to split on themselves.
Jane Rowe, examined. I am wife of William Rowe, the constable. The two prisoners came to my house on Saturday night, the 4th of July last, between twelve at night and one o'clock in the morning, and asked for my husband. I told them that he was not at home. They said he had been at St. Ives, and found some stolen property of Mr. Rooke's, which was hid in the hay. I said I did not know anything about it � I did not know that he was gone. Maria said she hoped that they would not get into trouble. John said he would have burnt the whole if he had known it. He then said he only wished he had known as much about it then as he did now � and he would have burnt every bit of it so that nothing should have been seen.
James Longmaid said he was sent for by the prisoners on some other business, and after that had been finished, John Taylor said what do you think of the business now in hand? I said I thought that it was a bad job; and he said if he had known as much about it, he would have destroyed all the property before it went to St. Ives.
Mr. Cockburn then addressed the jury on behalf of the prisoners in a powerful speech, in which he commented on the suspicious nature of the evidence adduced against the prisoners, nearly all the material evidence in support of the indictment being given by persons of bad charactoer, whose feelings of revenge had been aroused against the prisoners because they had been the chief witnesses in convicting Benjamin Michell. It was quite possible that what had been said to Mrs. Rowe, should come from in innocent person, for there were many people who would rather destroy any amount of property than stand before the country to brave such a charge as this. The learned gentlemen called several witnesses, who gave the female prisoner an excellent character for the last 20 years; and the jury, after the Judge had summed up, returned a verdict of Not Guilty.
Catherine Warren, 28, the mother of three illegitimate children, was charged with having stolen a check apron and a cotton handkerchief, the property of the guardians of the Penzance Union. The facts against her were conclusive, the things having been found in the prisoner's pocket by the Matron of the poor-house; and a former conviction was proved. Guilty: Ten Year's Transportation.
The Grand Jury were discharged at one o'clock.
Extraordinary Charge � William Tabb, 18, a respectable looking young man, was charged with having feloniously assaulted John Richards, and stolen from his person half a sovereign and three shillings. The prisoner was defended by Mr. Cockburn.
John Richards, examined by Mr. Rowe. I live at Camborne. I came here to attend the assizes on business. I put up at Mr. Crabb's. On Sunday night last, I went down Back-street, about a quarter past twelve o'clock. I saw two young men and a woman before me. They were going on the same way as I was going. When I came up to her I said, if I had a sister out so late as that at night, I would take a stick for her (laughter). The prisoner knocked me down. When I rose up again he clenched me, and put his hand in my pocket, and then he took out his hand and knocked me down again. I cried out murder, and a person named Pearce came up. Before I met these people I had money in both the pockets of my waistcoat. I lost half a sovereign and three shillings from one pocket. When Pearce came up, the prisoner ran away.
Cross-Examined � I went out for fresh air (laughter). I was fresh myself � I mean by fresh that I had taken nothing to make me 'tossicated (laughter). I laid out no money upon this young woman. I did not say that I had spent 2s. Upon her, and that she had robbed me of 15s.
Nicholas Perace examined. I was in the Back-street on Sunday evening, and I saw the prisoner, Tabb, along with Elizabeth Lobb; a person called Barton was there too. Afterwards the prosecutor came up, and spoke to the girl; - they went away a little and I saw the prisoner leave Burton and follow the prosecutor and the girl. My house is close by. I went up stairs. I think Lobb had left Tabb and came with the prosecutor. After I went into the house, I heard a man crying out murder several times. I saw Tabb run by down the Back-street. Soon after that I saw the prosecutor; he made a complaint that he had been knocked down and shamefully used, and that they had robbed him.
Cross-Examined � Richards spoke to the girl, and remained with her about two minutes. When they went away. Richards and the woman went in one direction.
Joseph John Triggs examined. - On Sunday night last, I was returning to my house, about half-past twelve. I was going through Prison-lane; when I came up under the ope which goes into the Back-street, I saw Richards, the prosecutor, and the girl; there was no other person in sight at that time. I heard Richards say, you have robbed me of 15s., and he was dragging the shawl from her shoulders. Then he said it was not 15s., that he spent 2s. upon her (laughter). The Judge here stopped the case and said, if the witnesses contradicted each other in this way how could they believe the charge. It was a very serious offence indeed, and if the prisoner was found guilty, would subject him to transportation for life. The case could not go on. - Mr. Cockburn � Perhaps I may be permitted to add, that I have an exceedingly strong body of evidence as to character. - Not Guilty.
James Matthews, jun., and Thomas Matthews, were indicted for assaulting Henry Grose, a sheriff's officer, of Gulval, while in the execution of his duty. The case was about to be gone into, when the Judge recommended that a verdict should be given for plaintiff. The defendants then withdrew their plea of Not Guilty and pleaded Guilty. His Lordship then said that this course had been adopted on his suggestion. According as he understood the facts, the prosecutor came with a warrant, and he was to take the cattle of a third person. A dispute arose as to whose particular property the particular cattle were that he was about to seize, and in the assertion of their own right, or what they considered to be their right, they committed an assault upon his person. He knew that it was by no means an uncommon thing in the county of Cornwall for sheriff's officers to be obstructed and assaulted in the execution of their duty. The law would not allow that, but it would always take care to protect its officers. If any sheriff's officer did that which the law would not authorise, they had their remedy. If he committed any violence in seizing the property named in the warrant � if he exceeded in any way the powers of that warrant � he would be amenable to the law afterwards, and the law would take care to punish him with particular severity. But they must not take the law in their own hands; they must not assault him, because if they did � if they had recourse to violence, they taught those persons always to prepare for violence and to act violently. The law must therefore be interposed between both parties. And he recommended that the course now acted upon should be adopted, because the question of property was about to be litigated in the other court. Their business was to obey the law, and they would always be the better for so doing. His Lordship then fined the defendants 5s. each, and ordered them to enter into their own securities for �100 each to keep the peace for two years towards all her Majesty's subjects, and particularly towards the prosecutor.
His Lordship then rose and the business was adjourned to the other court, in which Mr. Rogers presided.
Nisi Paius. Tuesday, August 4. - The Queen v. The Inhabitants of Paul. - Counsel for the prosecution, Mr. Serjeant Bumpas, Mr. Cockburn, and Mr. Rawlinson; for the parish, Mr. Erle, Mr. Moody, and Mr. Butt.
Serjeant Bompas stated that this was an indictment to try whether a certain way was a public highway. If so, the parish was bound to repair it. The parish of Paul was of considerable extent and importance. In it were two villages, called Newlyn and Mousehole, containing together about 4,000 inhabitants; and the highway in question was close by the sea, towards these villages. The road went from Street-an-nowan, along Gwavas Quay, down a slip, then along the beach, and up a place called Holla's Slip. The part which was out of repair was about 113 yards. When the tide was out, persons could go under the quay, and up the slip called Fradjan's slip. When the quay was in good repair, persons could pass at any time; but when it was out of repair, they must go on a considerable distance round over a very steep hill; except for 4 � hours every tide. - The Learned Serjeant added, that if once a road were dedicated to the public, and adopted and used by them, it could not be resumed, and the public were bound to keep it in repair. He should prove, that for a very long time there had been a way along this Quay; and that the parish had, about 36 years ago, put up some iron rails, and also repaired it in 1820. About 1828, a violent storm rendered the road unfit for use. A subscription of �40 was then raised, in aid of the highway rates, which was used for repairing this road. The balance, not expended in the repairs, was made over to the surveyor of the highway. In 1832, the parish again erected rails on the road; and it continued to be used by the public until very lately. In 1838, another storm injured the road, so that it could scarcely be used for carts, and it is still out of repair. The question was whether the public having used this road for all sorts of carriages and passengers, the parish was or was not to repair it. The expense would be very small indeed compared with the great convenience to the public. In proof of this latter assertion, the learned Serjeant referred to the number of persons passing over this road, even in its present state, as will appear in the evidence.
Mr. Thomas Leah, examined by Mr. Cockburn � Witness was 76 years old, and had lived all his life at Newlyn. He was well acquainted with the road between the Fradian's and Holla's Slip, called Gwavas Slip and Gwavas Quay. It had always been used by the public as part of the high road from Penzance to Newlyn, for carts, horses, and foot passengers. About 36 years ago, witness being churchwarden, at the request of the inhabitants, applied to Mr. John, the parish solicitor, to know if the parish was bound to put up a rail on this road. Mr. John said it was; and an iron rail was put up. Fradjan's and Holla's slip had both been repaired by the waywardens. Remembered part of the old road being washed away two or three times. Could not say if any part of the road was now remaining. There might be a very small part.
Cross-Examined by Mr. Erle � Before the rails were put up by the parish, two or three persons were killed by falling over the Quay. The Coroner had called upon the parish to rail it. There are several fish-cellars adjoining the Quay; and the wall protects their foundations. Should think there was more than 4 feet 6 inches in width between the cellars, and the rail. He had seen small jouster's carts go along there; but never a coach or a waggon. Had seen farmers carts backed in for stinking fish for manure; they could not turn there.
By the Judge. - The first fish cellars had doors opening upon the quay. The quay was not natural ground, but was built up with large granite stones making a good wall, about 15 feet high. In 1832, Holla's-slip was lengthened, to make it less steep, but witness did not know at whose expense. The passage under, along the beach, was not passable, for at least an hour after high tide.
By Mr. Serjeant Bompas. - It was about half a mile farther from Holla's slip to Fradjans by going around Jack lane, than over the Quay. Jack's Hill is very steep.
By the Judge. - Witness often went to Penzance himself on horseback, or in a gig; but never by this wall, because it was a dangerous precipice, at the best. - Had passed on foot, hundreds of times.
By Mr. Serjeant Bompas. - A great part of Newlyn Town has a public road and a granite walk like this at Gwavas Quay. The wall supports the road. The road in Newlyn Town is considerably wider than that at Gwavas Quay. There may be some natural earth inside the wall at Gwavas Quay. The slip, which was lengthened in 1832, was the way to all the cellars both at Gwavas and at Fradjan.
Mr. A. Roberts, smith, had lived at Street-an-Nowan for 60 years. Had known Gwavas Quay used as a road as long as he could remember. He had himself driven a cart over it with 12 cwt. of iron. This witness proved that he had twice put up rails at the expense of the parish. - In his cross-examination, he said that the owners of the cellars had paid in part for the rails, and had put up the additional rails when the slip was lengthened. The road was not put for coaches or waggons.
Mr. William Tonkin, merchant at Newlyn, had paid the last witness, on account of the parish. Witness had known Gwavas Quay used before 1831, for waggons. It was broader then than now. Had never seen a waggon go down the slip. This witness also spoke of the subscription towards repairing the road in 1831, and proved that the sea prevented the passage of the beach for about four hours every tide.
Mr. Edward Thomas, mason at Gulval, proved that he had been employed by the parish in 1821, to repair the quay. He built up a breach of 20 feet long, from top to bottom, on the Fradjan side.
Mr. Stephen Bodinner has property in the cellars on the quay. He said that the slip was extended in 1825, not in 1831, as stated by the other witnesses. Before that, he had seen carts, loaded and unloaded, go up and down the old slip. An ordinary farmer's cart could go on to the cellars' door and turn; but not beyond that. The subscription to repair the wall was by any one who pleased to give, and not chiefly by the proprietors of the cellars.
Mr. Abraham Chergwin, merchant, at Newlyn, had passed over the quay, with carts but more frequently with horses, carrying sacks. About five years ago, he was obstructed in the use of the road, by a pole put across, at Strick's corner; when, in presence of Strick, he threw the pole into the sea. Strick gave him a blow, for which he was fined �3.
Mr. W. Marrack had received �5 that remained of the subscription for repairing the quay, and applied it to lengthening the slip. Gwavas Slip was a great convenience as a thoroughfare. He believed the alteration was made for the advantage of the cellars.
Mr. Martin Matthews was Way-warden, in 1831, and 1832, and had paid for the rails.
Mr. Richard Miliett, solicitor, at Penzance, had driven up Gwavas-slip in a dog cart, after the slip was lengthened.
Mr. Charles Leak proved that on the 30th of July, 1165 foot passengers, and 67 carts had passed under the quay, when the tide was out; and 650 foot passengers had passed over it when the tide was in. At the close of the case, a long discussion on the legal points it involved took place, after which Mr. Thos. Leak was re-called, and examined by the Judge. He stated that Gwavas-slip was a wall of masonry, made with some lime. He believed the wall was three feet thick. Another discussion between Counsel then took place; after which, the Learned Judge said to the Jury that the evidence was, that there was a wall with a road on the top it; and that that wall had been washed down by the sea. He did not think they could call that a road out of repair. If the road itself had got rough and out of order, then the parish might possibly be bound to repair it; but not to reconstruct the masonry. The gentlemen who had property near might build it up at their own expense; the people in the inner part of the parish ought not to be taxed for it. - His Lordship then directed a verdict for the defendants which was accordingly given.
Crown Court. Tuesday, August 4. Before Sir J. T. Coleridge. The Court sat this morning at eight o'clock.
Richard Annear, 26, was charged with stealing 20 lbs. Of onions, a flasket, and an old shirt, the property of James Davey, of St. Austell. The property in question was left in the garden of the prosecutor on the night of the 11th of July, and on the following morning it was gone, having been taken away during the night. In consequence of some information, the constable went to the prisoner's house, and found the articles in question, [rest of the article?]
Butler and Another v. Lee � Counsel for plaintiff; Mr. Crowder, Mr. Serieant Manning, and Mr. Barston; for defendant, Mr. Erle, Mr. Burt, and Mr. Edwards. - This was an action brought by Mr. Butler and Mr. Greaves, as devisces under the will of a lady called Wilson, to recover from Mr. John Lee, a farmer in Talland, the amount of tithes of corn and grain alleged to have been substracted and kept back by him. The action was brought first under the act of Edward VI for treble the value of the tithes; but there was a second count, claiming the amount due on a composition. On this count, the defendant was sued as one of several parties responsible for the payment of the tithes of the parish. The plaintiffs claimed �360 a-year; while the defendant had paid but �231. - With regard to the first count, Mr. Crowder stated that although it was necessary to bring the action in that form, the plaintiffs would be quite satisfied with the amount actually due to them. - On the part of defendant, it was alleged that there was a composition of �231 for the tithes of the whole parish, of which he had paid his proportion, and that that sum had been regularly paid, the last year's amount having been paid into Court. The defendant's proportion was admitted to be �45 a-year. - The plaintiff at first went for the years, 1827, 8, and 9; but as, under Mrs. Wilson's will, there had been a third trustee, a Mr. Robert Aldershaw, who died in October, 1838, the present trustees could only sue for the subsequent period, namely the tithes of 1830. Mr. John Richards, of Talland, proved that the defendant had occupied land in that parish for four years. He also proved that he had collected the tithes for Mrs. Wilson from 1820 to 1829. The will of Mrs. Wilson was then put in; and the admission of the amount of defendant's tithes was read. - This was the plaintiff's case. Mr. Erle then addressed the Jury for the defence, and called Mr. Robert Coad, surveyor, of Liskeard, who proved that he had collected the tithes of Talland for Mrs. Wilson at �260 a year. In 1831 the farmers required an abatement; but in that year Mrs. Wilson died. Witness then stated the case to Mr. Butler, who in 1835 consented to take off 10 per cent, for that and the preceding year; and witness made the same abatement for the harvest of 1826, but for this he had no authority. He took the tithes for the whole parish in one sum. The tithes were now commuted at �311 a year; and to this the defendant had consented. Mr. Joseph Brown, solicitor at Liskeard, was employed in 1837 by Mr. Aldershaw, to collect the tithes of Talland, Mr. Coad gave witness an account of what had been collected by him, but did not state the amount payable by the parish. Witness received �231 for the harvest of 1837; and the same sum for that of 1838, stating that it was without prejudice to the claims of either party. Cross-examined. Witness did not know at first what amount to receive; and he said to the defendant and Mr. Grigg, another farmer, that he was in their hands, and he trusted they would pay him what was correct. They paid him �117 for a half-year, and said, he might depend upon it that was correct. In January, 1839, Mr. Aldershaw directed him not to receive less than �260. - By the Judge. He received an amount "without prejudice," except the last �234. The Learned Judge told the jury that the only question was, whether the defendant had agreed to make a money payment for his tithes for 1839. If there was no such agreement, then as the defendant had not set out his tithes in kind for that year, the plaintiffs were entitled to a verdict for treble their value. If there was such an agreement, the plaintiffs were bound to accept payment, and the defendant was exempted from setting out his tithes. Such an agreement might exist even if only made verbally; or there might be a binding agreement inferred from the conduct of parties. - The jury then returned; and after an absence of nearly three hours, returned with a Verdict for the Plaintiff.
Robins and Others v. Hawke � Mr. Erle and Mr. Butt for plaintiffs; Mr. Crowder and Mr. M. Smith for defendant. - The plaintiffs were the partners in the East Cornwall Bank, at Liskeard; and the action was brought to recover the amount of a bill of exchange for �95, drawn on the 29th of September, 1838, at two months, by Mr. Hugh Snell, of Callington, and accepted by the defendant, Mr. Ruby Hawke, of Liskeard. - The defence was, that Mr. Snell had paid in the amount to the East Cornwall Bank. The defendant having to prove this, his case was first heard. - Mr. Crowder, therefore, addressed the jury, and called Mr. Hugh Snell, auctioneer and appraiser, of Callington. He stated, that he had banked with the plaintiffs for some time past. On the 29th of September, 1838, the defendant owing witness money, accepted his bill for two months, for �9 �; and witness paid it into the East Cornwall Bank. In November, witness received �135 from Hawke, �95 of which was to take up the bill. On the 10th of November, witness took �170 to the bank, and desired the clerk to take �95 of it to meet Hawke's bill, not then due. In February, 1838, witness received a letter from the Bank, about that bill, and in consequence, saw Mr. Bazeley; the manager, and told him the bill was paid out of the �170. Mr. Bazeley said he did not know that was the case. - Cross-Examined. - Witness had never pointed out to Mr. Bazely, or either of the clerks, any mistake in his pass-book. Could not recollect to what Clerk he paid the �170. Did not tell Hawke that he paid in the �95 before it became due. (A letter from witness to the plaintiffs, dated 5th Dec., 1838, was here put in, stating that Hawke's bill would be returned, but would be taken up before the next Saturday). Witness did not know why he had written this letter. He must then have forgotten that he had paid in �95 on account of the bill. - Re-examined. - First got his pass-book in April, 183[0?]. Had frequently sent to have his accounts made up, which had not been done; and he had filed a bill in Chancery in consequence. Witness had paid in moneys from time to time, for which he could get no account. - Mr. William Snell, son of the last witness, was present when his father received �95 from Hawke, in Nov. 1838, which Hawke said was to meet the bill. - Mr. Erle then stated the plaintiff's case; and called Mr. James Medland once of their clerks. On the 10th of Nov. 1838, Mr. Snell paid in �170; but did not say that �95 of it was in discharge of Hawke's bill. - Cross-examined. Witness's attention was first drawn to the subject when this action was brought. Had no recollection of receiving the money, till he referred to the book. - Mr. Augustus Bazeley, manager of the bank, stated that in Feb. 1839, he applied to Mr. Snell, in consequence of his account being overdrawn; but neither then nor on a former occasion when witness had called at his office, did he say that Hawke's bill had been discharged. On the 28th Feb. witness received a letter from him, stating that he considered that Hawke's bill had been discharged by money paid in for that particular purpose. He did not say it had been paid, when he had notice of the bill being dishonoured. - The learned Judge stated to the jury, that if it was not satisfactorily proved that Snell had paid in the �95 with special directions to apply it to the discharge of Hawke's bill, then the plaintiffs had a perfect right to apply that sum in payment of any money he owed them, and to retain the bill against Hawke. But if the jury believed that Snell did direct that the �95 should be applied to Hawke's bill, the plaintiffs were bound so to apply it. - Verdict for plaintiffs, �102 12s. in cluding interest.
The Court did not rise till past ten o'clock.
Wednesday, August 5. (Before Mr. Baron Maule.) Slander � Cock v. Lord � In this case, the plaintiff was a cattle-dealer, and the defendant a butcher at Truro, and it was set forth in the pleadings, that the words spoken had not only injured the plaintiff in his character and reputation, but also in his business, since persons had been withheld from dealing with him thereby. The defendant pleaded first the general case, and [accoridly?], a justification. The words need were, "There goes a highway robber � a damned rogue. He ought to have been hung years ago. He purchased two cows, and stole a third, and drove it away by starlight." After a great deal of evidence had been heard, the Judge summed up with great care; and the jury found a Verdict for the Plaintiff, with Five Shillings Damages. This verdict does not carry costs.
Hawkin v. Bourne � This was an action to recover �27 9s. 4 �. balance of account for costs delivered to Trevolvas mine in St. Columb, in which the defendant, a Liverpool merchant, was a partner. The defendant contended that he was only liable, under the prospectus, for his proportion according to the shares he held. - The Learned Judge, however, observed to the jury that in the absence of some special agreement to the contrary, the defendant as a partner was liable for the whole debt. - Verdict for Plaintiff for the Whole Sum.
Oatey v. Bourne � A similar action to the lst, against the same defendant. - Verdict for Plaintiff by Consent.
Hawtayne v. Bourne � An action against the same defendant, brought by the Western District Bank, to recover �325 3s. 8d. balance of advances to Trevolvas Mines. Payments to the workmen out of the sum orginally advanced (�200) were proved to the amount of �218; for which sum the jury found a Verdict for the Plaintiffs.
We are obliged to content ourselves with merely giving a brief statement of the nature and result of the above four cases, the particculars of which shall appear next week.
Gurney v. Davey and Another � Mr. Erle and Mr. M. Smith for plaintiff; Serjeant Bompas and Mr. Rowe for defendants. - This case was an action brought by Mr. Gurney, attorney, of Penzance, to recover damages for a distraint wrongly made by his landlords, the defendants; they having distrained for �12. 10s., while only �5 was due for rent. Mr. Gurney came into the occupation of the house, which was in Market Jew-street, Penzance, at Midsummer, 1839. The rent was �20 a year; and he had paid �10 our of the �15 due the following Christmas. On the 29th of June, 1840, the defendants distrained for �12 10s.; being the balance of �5, and �7. 10s. a quarter's rent, to Lady-day. - The plaintiff held that, there was an agreement to pay the rent half-yearly, and that consequently no rent was due at Lady-day. - The question to be decided, therefore, was whether the rent was to be paid half-yearly, or quarterly. If half-yearly, the defendants were not justified in distraining for more than the �5 due at Christmas.
Mr. John Roscorla, of Penzance produced a drafted an agreement for the house in the hand-writing of plaintiff. - It was dated 24th June, 1839; and it provided for the granting of a lease for seven years, from William Davey (father of the defendents) to John Gurney of a house in Market Jew-street, at �30 a year, to be paid half-yearly. By the Judge � It was usual, in leases of this kind to reserve the rent quarterly; though generally the payments were only made yearly. It was, he believed, usual in Penzance for houses of this description, when there was no lease, to pay the rent yearly.
Mr. Benjamin Dowing, auctioneer, at Penzance, was employed by Mr. Gurney, to sell his goods, on the 22nd of June last. On the preceding Saturday, Mr. Millett, the defendant's attorney, came to the house, and said, the Davey's claimed rent up to Lady-day. Mr. Gurney said, he admitted an arrear of �4 due at Christmas, but that there was no rent due at Lady-day, for it was a half-yearly tenancy. Mr. Gurney left Penzance on the 21st of June, leaving witness some instructions respecting the rent. On the morning of the 22nd, witness met Mr. Millett and offered him �5 which he refused to take. Soon after the sale began, Quick, the bailiff came in, and said he was come to levy for rent. He took a table and other things to the value of �37, 5s. 6d. Witness paid him afterwards �12 10s. and costs, under protest, and released the goods.
Mr. Serjeant Bompas addressed the jury for the defendants, and called Mr. Richard Millett, attorney. - In April, he became concerned for the defendants; and on the 23rd, he had told Mr. Gurney that unless he paid the debt due to Messrs. Davey, before the post left, he should be under the necessity of continuing proceedings against him. Witness said he must also pay the rent at the same time. Mr. Gurney replied "That is �5." Witness told him there was a quarter due at Lady-day. He then said he was going to Mr. Paynter's office to receive �100, and that he would pay both the debt and the rent. - On the morning of the sale, witness applied to the plaintiff's brother, Mr. Wiliam Gurney, for the rent, but did not get it.
Mr. Walter Borlase, partner with Mr. Millett, saw Mr. Gurney, on the London Mall, on the 21st of June: when he told witness to call the next morning on his brother, and he would pay the rent. Witness went to Mr. WilliamGurney's accordingly, but did not find him. - Verdict for plaintiff �7 10.
Thomas v. Trebilcock � This was an action of ejectment, brought to recover certain premises in the parish of Perranarworthal. - This case occupied the attention of the court till 10 o'clock, at which late hour, the learned Judge, stating that he had been in court 24 hours our of the last 36, postponed the further hearing till the next morning.
Falmouth Packet Station � A correspondent suggests, as one means of continuing the Packets at Falmouth, that the proprietors of the different coaches should be called upon to accelerate the speed of travelling between that port and Exeter, so that passengers might leave Falmouth at six in the morning, and be in London the following morning at ten, which might be accomplished with the greatest ease. The "Telegraph," from Exeter to London, travels 110 miles on the turnpike road, and 55 on the rail, performing the journey, 165 miles, in the same time, viz. 14 hours, as our coaches employ at present in travelling from Falmouth to Exeter, a distance of only 96 miles.
Falmouth Harbour - On Saturday morning last, the "Aurora" bulk was
towed into the inner harbour by the "Meteor" steamer, where she will be
moored. The largest sized steamers may now take in coals at low water
with ease and safety.
Forensic Wit - In the case of Gurney v. Davey, Mr. Erle after having
been severely bumped by a learned Serjeant, and butted by his junior,
was next interrupted by the barking of a large dog in the Hall. To this
unexpected opponent, Mr. Erle replied, amid the loud laughter of the
Court, "One at a time, Sir, if you please - wait for brother Bompas."
Truro Police - On Friday last, Ann Stevenson, of Truro, who keeps a
house of ill-fame, was summoned before Mr. Bullmore, the Mayor, and
Capt. Pengelley, by Mr. Truran, Supervisor of Excise, charged with
selling spirituous iquor without a license. She was fined � 20, with
costs.
William Hare, a policeman, was was summoned for about three years
arrears of paving and lighting rates, which were demanded about five
months back. The magistrates ordered him to pay only the last year.
Caution - Last week John Amey, and Giles Allen two labourers of the
parish of St Teath, were committed to the tread-mill for one month, by
the Rev. Samuel Chilcott, for deserting their families, in consequence
of which they became chargeable on the parish. This makes five cases of
the kind in Camelford, within a short period; and a resolution has been
passed to follow it up, as there have been very many cases of desertion.
Broccoli - Last week, two heads of brocoli were cut from the garden of
Mr. James Cater, Pollathick, St. Germans, one weighing 8 lbs, the other
14 lbs, after being stripped of superfluous leaves and stumps.
Small Pox - This frightful disease has made its appearance in Penzance
during the last fortnight, and in upwards of thirty cases has proved
fatal.
Fisherman Drowned - On Monday evening last, John Williams alias
Blewett, whilst in a boat fishing in Mount's-bay, accidentally fell
overboard and was drowned. There were two men and a boy in the boat with
him, but they could render the unfortunate man no timely assistance. It
is supposed he must have been trying to reach a driving net that was
passing at the time, and overbalanced himself; for they saw him
apparently in that position - heard a splash - and he was gone. The
deceased was 48 years of age, had been for some time in the services of
Mr. John Williams, of Penzance, porter merchant, &c., bore a good
character, and has left a widow and three children to lament his
untimely end.
Accidental Poisoning - A melancholy event of this kind happened this
week at Truro. A very interesting little girl, about seven years of age,
daughter of Mrs. Lander, widow, went out to walk before breakfast, on
Thursday morning, the 30th ult., with some other children, when she
gathered some berries of the Woody Nightshade, or Bitter Sweet,
(Dulcamara) and liking them, asked some of her little companions to
partake, which they fortunately refused to do. On her return home, she
complained of illness, for which her mother, not knowing what had
happened, administered the usual domestic remedies. As she grew worse
towards night, medical aid was sought, and Mr. Spry, on his arrival,
immediately suggested that some poisonous matter had been taken. This
led to further inquiry, when the evidence of what had occurred became
unfortunately too plain. Most dangerous symptoms had then made their
appearance, and, notwithstanding the employment of every suitable
remedy, she lingered on in greater or less delirium until three, A.M.,
on Monday, when she expired.
Frightful Accident - On Tuesday last, a very distressing accident
occurred to one of the men employed on the repairs of the breakwater at
Bude, in consequence of his incautiously approaching too near to a mass
of rock almost immediately after it had been blasted; when certain
fragments, disunited by the powerful effects of the powder, fell over
upon him, crushing one of his arms and both thighs in a most shocking
manner. The poor fellow, whose name is Baker, was soon afterwards
removed on a door to his lodgings, where every attention was paid him
and the best medical and provided by the company's engineer, George
Cawbourne, Esq.; and, although severely hurt, hopes are entertained that
the accident may not prove fatal.
Coroner's Inquests - On friday last, an inquest was held before Wm.
Hichens, Esq., coroner, at St. Just in Penwith, on the body of Richard
Warren, aged 65 years, who died suddenly on the preceding Wednesday. The
deceased, who was a surface miner, went to his labor on that day, and
returned therefrom in the evening to his lodgings, apparently as well as
usual; but very shortly after his return, whilst seated on the stairs,
where he had gone to smoke his pipe, he fell therefrom, and expired
almost immediately. - Verdict - "Visitation of God."
On the following day, two other inquests were held before Mr. Hichens,
one at St. Ives, on the body of John Stevens, aged about 75 years, who
died suddenly on the preceding day at his dwelling-house. The deceased
was seated near to the fire, blowing it, when he fell down with the
bellows in his hands, and expired immediately. - Verdict - "Visitation
of God in a natural way." The other inquest was at Chyandour, near
Penzance, on the body of a lad named John Stinson, the son of one of
Messrs. Bolithos' laborers there, who was run over on the preceding day,
in Market-jew-street, in Penzance, by a waggon belonging to those
gentlemen, and received much injury as to occasion his death shortly
after. The waggon was laden with hides, and was proceeding from Penzance
Quay to Chyandour, the driver being on the near side of his horses,
which were going at a walking pace. The accident happened to the lad on
the off side, so that the driver did not see it, nor was the cause of it
proved; but no blame was, it appeared, imputable to him, and it was
supposed that the deceased must have attempted to get on the shafts to
ride, and thus have fallen under the wheels. - Verdict - "Accidental
death."
On Monday last, an inquest was held before Mr. Hichens, at Breage, on
the body of Mary Ann Pri[?], aged about 14 months. It appeared that the
mother of the child, on going to bed on the preceding Friday night, put
a lighted candle on a box, the cover of which was loose, very near to
the bed-side, for her brother who was a miner, against he returned from
his labor, and placed the deceased, her only child, by her side near to
the edge of the bed asleep. Sometime after, she was awoke by the shrieks
of the child, when she found that there was something burning in the
box, and that the child was wanting from her side; and the husband, on
searching the box, found the child therein so dreadfully burnt, that she
died in a few hours afterwards. The neighbours gave the parents good
characters, and spoke to their great fondness for the child; and as the
jury entertained no doubt that the death was accidental, they returned a
verdict accordingly. It was supposed that the attention of the child
must have been attracted by the light, and in struggling to get at it,
she must have fallen from the bed on the box; and from the cover being
loose, have knocked it away, and gone into the box with the candle.
Robert Knight, 33, was charged with stealing three horse shoes, the
property of John Peter, a blacksmith, of Stokeclimsland. It appeared
that the prisoner went into the prosecutor's shop and asked to light his
pipe; the prosecutor then went out and remained away for about ten
minutes. On his return, the prisoner offered to sell him for three
halfpence three old horse shoes, which he had taken from a heap of old
iron in the shop. The prosecutor claimed them as his property, and sent
for a constable; the prisoner then said that he had taken them to raise
a penny or two to get his family some food. Guilty; One month's hard
labour.
Joseph Stacy, 15, pleaded Guilty to the charge of having stolen a
potatoe pasty and a piece of cloth, the property of a fellow labourer
named Michell, of St. Clement. The pasty was the prosecutor's dinner.
One month's hard labour.
Susannah Udy, 27, was found guilty of stealing eight ounces of lump
sugar from the shop of John Trebilcock, a grocer, at Wadebridge. Three
months' hard labour.
Richard Jones, 26, was charged with stealing 20 pounds of beef and three
cheeks of pork, the property of John Martin, of Camborne. It appeared
that the prosecutor is an innkeeper, and that on the 30th of June last
he had the meat in question in a dairy at the back of a room where the
prisoner, with other persons, was drinking. While the servant was having
her tea, the prisoner went into the yard, and on her return she went
into the dairy and missed the meat. The prisoner, who had left the
house, was pursued by constable, who saw him coming across the fields to
Roseworthy where he was taken into custody, and the meat found in his
pockets. Guilty; six months' hard labour.
William James, 27, was charged with stealing a fustian coat, the
property of Francis Best. The prosecutor is a labourer, residing at
Bodmin; and on the 13th of July, while working in a field, he left his
coat on the hedge. While it was there, the prisoner came and spoke to
the prosecutor, and in an hour afterwards Best missed his coat, which
was subsequently found in the possession of the prisoner as he was
making the best of his way towards St. Austell. Guilty; the prisoner had
only come out of gaol two days before. Six months' hard labour, with a
promise that if he came there again he should be transported.
Horse Stealing - John Dennis, 18, was charged with having stolen a
brown bay gelding, and a saddle and bridle, the property of John Best.
The prosecutor stated that he lived at Liskeard. On the 22nd of July, he
was at the Flower show, at Tywardreath, and he went that night to sleep
at the Town Arms, at Lostwithiel. He rode on a brown bay gelding, which
he saw put into the stable about ten o'clock. At five o'clock the next
morning it was gone. He gave information to Symons a constable, and the
same horse and saddle and bridle were produced to him on the 24th, at
Lostwithiel. Samuel White, ostler at the Town Arms, stated that he left
the horse in the stable when he went to bed. The stable door was not
locked. Robert Thomas, labourer, said that on the night in which the
horse was stolen, he slept in a loft over the stable, and the prisoner
also slept there. When the witness awoke the next morning, the prisoner
was gone. Robert Symons, constable of Lostwithiel, stated that when he
was informed of what had occurred, he went in pursuit of the prisoner,
and at ten o'clock on the 23rd, he apprehended the prisoner at Torpoint,
with the horse in his possession. He immediately took the prisoner into
custody and brought him back to Lostwithiel, where the horse was
identified by the prosecutor. The prisoner, in his defence, said that he
took the horse to ride to Torpoint for the purpose of enlisting as a
soldier, and that he had no intention to steal it. Mr. Symons, in reply
to a question from the Judge, stated that the prisoner had said the same
thing when he was taken into custody. The learned Judge said if the jury
believed that to be true, it would not be a felony. The jury found the
prisonoer Guilty, and he was sentenced to one year's hard labour.
James Jenkin, 37, was charged with stealing a pocket handkerchief, the
property of John Shield. The prosecutor, who is a hawker residing at
Truro, was at Devoran on the 11th July, and returned in a cart belonging
to Mr. Elisha Randall. On the road home, the prisoner was overtaken, and
being offered a ride, got into the cart and sat over the prosecutor's
bundle. When the prosecutor reached Truro, he missed a handkerchief
similar to one which the prisoner afterwards sold to Mr. Knight, jun.,
butcher, who had, on hearing of the prosecutor's loss, informed him that
he had purchased just such a handkerchief. When it was produced, the
prosecutor swore to it by a mark that it had on one of the corners,
which mark, however, Mr. Knight swore most positively was not on it when
he purchased it; and the Judge remarked, that as there was nothing else
to identify the property, it must be left to the jury for them to say
whether its own ownership had been sufficiently made out. - Not Guilty.
Charles Hick, 37, was indicted for stealing a pair of [?]tian trowsers,
the property of James Chapman. The prosecutor stated that he lived at
Lanivet in September last, and early in that month he washed a pair of
trowsers and hung them out to dry. He missed them in the evening and did
not see them again till the 17th of July, when he saw them on the
prisoner. The Judge here stopped the man, remarking that too great a
time had elapsed between the taking of the property and its discovery
for the prisoner to be called on to account for its possession. Not
Guilty.
John Billing, 30, was found Guilty of stealing two geese, the property
of Thomas Mutton, at Port Isaac. The prisoner had an excellent
character, and it was believed that he had committed the theft through
distress. One month's hard labour.
Thomas Hooper (on bail) and Samuel Masters, 22, were charged with
stealing a stick of oak timber, the property of the Rev. George Poole
Norris, of St. Cleer. It appeared that the piece of timber in question
had, about six or eight years ago, been cut for the purpose of repairing
some farm premises belonging to the prosecutor, but not being wanted for
that purpose, it was allowed to remain in the road till the 2nd of July,
when the prisoners, who were returning from Liskeard, with their
master's waggon loaded with sane, took it up and partially buried it in
the sand. The father of Hooper, however, discovered it, and ordered it
to be thrown out of the waggon, and the prisoners removed it to another
part of the road called Wood-hill, where it was left. The jury found
both prisoners Guilty, but recommended Hooper to mercy. In the case of
Masters, a former conviction was proved against him, and he was
sentenced to eighteen months' hard labour. Hooper was sentenced to three
months' hard labour.
Susan Veal, 19, a married woman, was indicted for stealing a piece of
printed cotton, the property of Betsy Chadley, a person who attends
Liskeard market. It appeared that on Saturday last the prisoner went up
to the stall of the prosecutrix, and took the cotton in question, while
the prosecutrix was employed in some other business. The prosecutrix
thought that she had taken something, and sent her niece after her. The
niece saw a paiar of shoes in the basket and the cotton, but thinking
the prisoner had stolen a handkerchief and not cotton, she let her go.
The prisoner then called and left the things at an old woman's named
Parsons, and when she was apprehended by Daw, the constable, no property
was found in her possession. On being pressed, however, she confessed
what she had done with the things, and offered to pay a certain sum of
money if the parties would let her go. Guilty, six months' hard labour.
The indictment for stealing a pair of shoes was not gone into.
Samuel Pryce, 15, pleaded Guilty to having stolen a shirt, the property
of John Mallon, of Truro. Two months' hard labour.
James Jenkin, 56, was charged with having stolen a watch, the property
of Thomas Rendle, of Pearyn. - Thomas Rendle said - In June, 1838, I
lent a watch to John Michell, barber, of Penryn. The number of the watch
was 1044, and the maker's name "P. Cloves, London." The watch was shown
to me on the 16th of July, by Nicholls, the constable, and it was the
same watch that I lent to Michell. - John Michell stated that on Sunday,
the 12th of July last, he had brought the watch down stairs and hung it
up in his shop; he missed it between twelve and one o'clock. - John
Tripcole, a sailor, stated that he was standing on Green Bank-terrace,
on sunday evening, the 12th of July, when the prisoner accosted him and
asked him if he would buy a silver watch, which he wished to sell, as he
was a broken down merchant. Witness looked at the watch and saw that the
minute hand was broken, and he declined the purchase. - George Edwards,
another sailor, stated that on the same evening, he was standing in the
Market-strand, in Falmouth, when a person named John Coad came up and
offered to sell him the watch. The prisoner joined them and said witness
should have the watch for a pound, it having originally cost � 2 10s.
Witness offered 16s. for it and prisoner consented to take 18s., which
witness gave him. The prisoner gave Coad a shilling, and they had two
noggins of rum out of the money - Coad paying for one and the prisoner
for another. He afterwards gave the watch to Nicholls. - John King
Nicholls, constable, produced the watch, which was identified by the
several witnesses. - In reply to a question from the Judge, Michell
said, that he had not seen the prisoner in his shop the day that the
watch was stolen, and he had known him for the last 40 years. He could
not at all say who took the watch. The jury found the prisoner Not
Guilty.
John Jennings, 20, John Davey, 18, and Henry Bawden, 19, three rather
fine young men, decorated in the prison livery, and all deserters from
the 85th regiment, were charged with having stolen, on the 17th of July,
at St. Austell, sundry articles of wearing apparel, the property of John
Mitchell, and Joseph Dingle. The prosecutors were working miners, and on
the night of the 16th of July, left their clothes in the changing house
on Buckler's mine. In the morning, when they came up from under ground,
the clothes were gone, and they were afterwards found on the persons of
the prisoners, decorating the outer man. The prisoners had reached
Grampond, but were there apprehended, with some of the prosecutors'
clothes on each of them. - Guilty - Six months' hard labour.
The Court adjourned to eight o'clock on Tuesday morning.
Packet Intelligence
Falmouth - Friday, August 7 - Arrived, H.M. Packet "Reindeer,"
Lieut. Dickens, with mails and passengers from the West Indies, having
sailed from Barbadoes on the 9th of June; Tobago, on the 10th; Trindad,
on the 17th; Grenada, on the 20th; St. Kitts, on the 22nd; Tortola, on
the 23rd; St. Thomas's on the 24th; Porto Rico, on the 25th; and Cape
Hayti, on the 3rd of July. She brings on freight 100,000 dollars. - The
"Royal Tar," steamer, Brooks, commander, also arrived to-day with the
usual mails, having left Gibraltar on the 30th ult.; Cadia, on the 31st;
Lisbon, on the 34d instant; Oporto, on the 4th; and Vigo on the 5th.
Affairs at Lisbon were in much the same state as by last reports. - The
"Zenobia" arrived off the port, and landed mails of March 10th from
Calcutta, of May 24th from the Cape of Good Hope, and of June 12th from
St. Helena.
Sailed, Her Majesty's Packet, "Magnet," Lieut. Griffith, with mails and
passengers for the Brazils.
Tuesday, August 11. - Arrived, Her Majesty's Packet "Pigeon," Lieut.
James, from the Brazils, having sailed from rio Janeiro, on the 31st of
May, Bahia, on the 12th, and Pernambuco, on 20th of June. She brings on
freight � 20,000.
Daniel v. Austen - There was a verdict by consent in this case for the
plaintiff on condition that the defendant shall not be prejudiced
thereby, in any future trial of the issue between the parties.
The Earl of Falmouth v. Williams � This was a Special Jury Cause, in which Mr. Erle and Mr. Montague Smith appeared for the plaintiff; and Mr. Merivale for defendant. It was an action brought to recover possession of premises demised to Mr. John Williams, of the parish of Kenwyn, in 1821, for three lives, on condition (among other things) that the defendant should not do any thing prejudicial to the inheritance. The declaration alleged a breach of this condition, in the cutting down a quantity of timber. - Mr. Merivale stated that he was instructed to say that the defendant made an defence to the action. - A verdict was consequently given for the plaintiff.
Avery v. Mansfield � This was an undefended action brought by Mr. T.R. Avery, of Boscastle, to recover � 35 2s. 6d. due on a Bill of Exchange, accepted by the defendant, and 17s. 6d. for interest and expenses. - Verdict � 36.
Poole v. Coulson � Mr. Erle and Mr. Smith for plaintiff; Mr. Cockburn for defendant. The plaintiff in this case was Mr. John Poole, a farmer in the neighbourhood of Penzance, in which town the defendant was an ironmonger. The action was brought to recover payment for the use and occupation of certain stamping mills, called Nancothen Stamps, by the adventurers of Wheal Paul Mine, of whom Mr. Coulson was alleged to be one at the time the mills were taken, in 1837. The rest was �30 a year; and there was a condition, that six months' notice should be given, if the adventurers wished, to give up the stamps; which notice had never been given, and the plaintiff had not had any opportunity of again letting the premises. - Richard Edmonds, an innkeeper, of Paul, stated that Mr. Coulson, in the latter part of 1836, persuaded him to take a share in Wheal Paul, which he did, and at a mine meeting in January following, he saw Mr. Coulson present as a shareholder, when it was prepared to take Nancothen Stamps; and also at a meeting three months afterwards, when it was agreed to take them at �30 a year, Mr. Sleeman was purser, and William Berryman, captain. - Richard Richards, a farmer, of Mousehole, was employed by Capt. Berryman, in 1837, to carry the stuff, for twelve months, from Wheal Paul to Nancothen Stamps. He continued to carry till the mine was
knocked. He carried a "brave deal" of staff, but there was not much tin he believed. - Mr. Cockburn � I believe there was no "tin," of any sort, got out of Wheal Paul (laughter). - Richard Victor, a carpenter, was employed by Berryman and Sleeman, in March, 1837, to do the work of the mine. Was present when Berryman talked to Poole about taking the stamps. Poole asked �40 a year at first, and Berryman said he would speak to the adventurers about it. Three or four days after that, witness was ordered by Berryman and Sleeman to repair the stamps. Witness went to Mr. Coulson's shop for nails and materials for the repairs. Mr. Coulson had told witness twice that he held a large share in Wheal Paul, and was losing a great deal of money. The adventurers paid witness for the repairs. - John Trembath, tin-dresser for 30 years, stated that the fair value of Nancothen Stamping Mills was �50 a year. - Verdict for plaintiff, �90.
Tremenheere v. Ellis � Mr. Erle and Mr. Butt for plaintiff; Mr. Serjeant Bompas and Mr. Cockburn for defendant. The plaintiff in this case was Mr. Henry Pendarves Tremenheere, and the defendant Mr. Thomas Ellis. The action was brought to recover � 20 14s. for the non-repair of certain premises granted on lease in 1768, by a Mr. Veale, the then owner, to a Mr. Corin, and afterwards assigned by way of Mortgage, to Mr. Ellis, the father of the present defendant. The original lease was for 99 years on three lives; and it contained a covenant binding any person who came into possession of the premises as lessee or assignee, to keep and return them in proper repair. The last life, a Mrs. Tresize, daughter of Corin, died in April last, four days after the death of defendant's father: and the cause of action was that at the expiration of the lease, the premises were given up out of repair. The necessary repairs had since been calculated by surveyors on both sides, and agreed to amount to �29 14s. There were two grounds of defence of the action. The first was that the defendant was not the assignee of the lessee, and that he could not therefore be liable for the repairs. - The second was a claim to possession in fee of part of the premises on which the damages had been assessed. The proportion of damages for repairs for the part so claimed by defendant amounted to � 13 11s. 6d. - A great many witnesses were examined, and the case lasted many hours; but without reference to plans, and a more detailed account than our limits will allow, we should despair of laying the evidence before our readers in an intelligible form. The general result was a proof satisfactory to the jury, from acts and expressions of the defendant, that he was assignee of the leasee, and that the lease, and therefore the defendants liability, extended to the whole premises � Verdict for plaintiff � 49 14s.
Milroy v. M'Guffin � Mr. Erle and Mr. Butt for plaintiff: Mr. Bere for defendant. - The plaintiff was Mr. John Milroy, a tea-dealer, at Callington; and the defendant had been formerly in his employ, but had left him, and set up for himself as a tea-dealer, in Okehampton. The action was brought on a bond by which the defendant engaged, under the penalty of � 1,000, not to carry on business as a tea-dealer, within 25 miles of Callington; and also to pay any amount in which he might become indebted to the plaintiff for goods supplied. The plaintiff alleged breaches of both these covenants; but stated, through his Counsel, that, as his main object was to prevent the defendant's intruding on his district in future, he now only sought a verdict, and damages to the amoutn of � 8 or � 1 on a balance remaining due on goods supplied. George Cock, attesting witness to the bond, proved the signatures of the parties; and the Bond was then read. Priscilla Grylls, plaintiff's servant, remembered the defendant leaving his service in June, 1839, and going to Okehampton. Witness had from time to time packed up tea in chests, and sent by carrier to defendant, to the amount of � 33 or � 40. - William Q[?]e, proved the carriage of the tea. It was in January or February that he took the first parcel. - James Bardge, of Okehampton, stated that the defendant came to lodge with him on the 11th of January last. He had his name over the door "W. M'Guffin, Tea Dealer," and carried on business there. He remained there till the 24th of June. He [?] to go out in the coarse of the week with tea. - The sale of tea within 25 miles of Callington, was proved by witnesses from Stokeclimsland, Cotehele, St. Dominick, South Petherwin, and Launceston. - Verdict for plaintiff 40s. Damages.
The Court rose at six o'clock.
14 AUGUST 1840, Friday
Bodmin Insolvent Debtor's Court. - A court for the relief of Insolvent Debtors was held at the Shire-hall, Bodmin, on Saturday, the 1st inst., before Henry Revell Reynolds, Esq., her Majesty's Chief Commissioner. The following persons applied for the benefit of the Act: -
James Skewes, jun., cabinet-maker, had been imprisoned since April, 1839; had not the means of petitioning sooner; has no property, nor any interest in any whatever. Since his imprisonment, his wife and family have been maintained by their friends. The Insolvent was declared entitled to his discharge, and was discharged accordingly. James Bickford was appointed assignee.
James Gillard was unopposed; as was also Mary Bray. Both was discharged.
James Oliver � The particulars of this Insolvent's case have already appeared. He was remanded from the last court to produce certain sale accounts, and a Mr. Elworthy, an attorney, who it appears has been subpoenaed but refuses to attend unless his expenses are advanced to him. All the creditors had been served with notice, and as none of them appeared in opposition he was discharged. Mr. Bettison was appointed assignee.
John Tabor Balls, of Falmouth, teacher of mathematics was discharged.
George Lopas was unopposed and discharged.
James Pascoe, formerly a carrier, of Truro, was opposed by Mr. Preston Watlis, for James Johns, the detaining creditor. It appeared that the insolvent had sold property in February last, amounting to �74 18s. 8d., which Mr. Wallis contended had been done with a view of avoiding his creditors; and submitted that, on this ground, the court would remand him to amend his schedule, to account for the receipts of the property sold, and the rents of homes belonging to him in Penzance. Insolvent underwent a rigid examination by the Learned Commissioner, in which he stated he sold the property in auction because he was going to Wales to his friends. He was losing money so fast, he found he must decline business altogether. After the sale, the auctioneer made up the amount of money received, and placed against it that of his debts, and the dividend was at the rate of 1s. 6d. in the pound. He had no more money with him when he went into prison than would barely cover the expense of bringing his present petition into Court. Mr. Beanallack, on the part of the Insolvent, submitted that the property which he had held in Penzance had been for some time in a dilapidated state, and that the rents had been absorbed in repairing. Discharged, James Johns being appointed assignee.
Elizabeth Oates and George Oates her son, whose cases were adjourned from the last Court, in order to file new balance sheets, and to produce certain documents, the particulars of which have already appeared, were opposed by Mr. P. Wallis, for Charles Howe, the detaining creditor. Elizabeth Oates, to be discharged at the expiration of eight months from the time of filing her petition; George Oates, at ten months from the same time.
Joseph Odgers, was opposed by Mr. C. Coode, in behalf of the detaining creditor. He formerly carried on business as a brewer and retailer of beer; his mother kept a public-house about half a mile from his house; she now conducts the business of both houses; he sold all his furniture by auction for �35 13s.; he also sold his book debts, amounting to �120 or �130, for �20, to a person who now acts for his mother as clerk. Insolvent's schedule was altogether incorrect, and being so evasive and contradictory in his examination, he was remained to the next court, to file a new schedule, to produce his mother with all books and papers relating to the case, to produce Mr. Richard Andrews and Mr. Brown, and to give 31 days notice to his opposing creditors.
Andrew Thomas, was opposed by Mr. P. Wallis, for Edwin Ley and Wiliam Bazely, Esqrs. It appears the insolvent had borrowed �100 of Mr. Bazely, in 1837, for which he gave him a bond, and a policy of insurance on his own life. It appeared afterwards, that the insolvent had no visible property left; that he ha sold off all he was possessed of. His principal creditor, for �120, is a relation to him, and the persons to whom he disposed of his property are nearly all connected in family with him. Mr. Wallis contended that different sums of money were not fairly accounted for, that the court should remand him to amend his schedule, and that his defence was vexations. He was accordingly remanded till next circuit.
This closed the business of the court.
Truro Police � On Tuesday last, Joseph William, of Plymouth, mason, was brought before W. H. Bullmore, Esq., mayor, charged with drunkenness and disorderly conduct, and was fined 5s., with costs. On Wednesday, William Davey, labourer, was brought before W. H. Bullmore, Esq., mayor, charged with stealing a lamb, from Mr. Stevens, late of the Red Lion Hotel. The lamb was taken out of the field and carried home alive by the prisoner, where he killed it, and the meat and skin were found in his house. The prisoner was committed for trial at the sessions. On the same day, Collan Harvey, and Richard Teague, both of Kenwyn, were committed by G. Wightman, Esq., to the house of correction, for three months' hard labor, for stealing apples from the orchard of Mr. J. Williams, of Kenwyn.
Caution to Sabbath Breakers � At a petty sessions, held at Stratton, on Thursday, the 6th instant, a man named J. Darch, was committed to the tread-mill for one month, for disorderly conduct in the streets of that town, on the preceding Sunday evening.
Disaster At Sea � On Thursday last, as the brig "Park," Gregory, master, was on her passage from Neath to Hayle, when off Trevose-head, a sudden squall struck the vessel, and carried away both main and fore masts by the board. The whole of the wreck fell on the deck, but fortunately no person was injured. The "Park" was towed into Hayle by the schooner "Nancy," without further damage.
St. Just � On Saturday last, as three miners, named John Eddy, John Hicks, and Geo. Osborne, were working in the bob-pit of Wheal Owles mine, the walls of the pit suddenly fell in around them, burying Eddy up to the neck, and severely bruising him and his companions; happily, however, no life was lost, and the men are speedily recovering.
Caution To Bathers � On Tuesday afternoon, the 4th instatn, as some cartmen were employed in carrying sand for manure from Lower St. Columb Porth, four of them left their teams, and proceeded to bathe, when they got out of their depth, near some rocks, and one of them, named Barrett, aged 15 years, a servant of Mr. Williams, of Quentrel, immediately disappeared, and was drowned before assistance could be procured. Another was brought on shore almost dead, and remained insensible nearly an hour. - The body of Barrett was recovered the same evening, and on the following day an inquest was held before J. Hamley, Esq., Verdict, "Accidentally drowned."
On Sunday morning last, as two lads of Southpetherwin, were bathing in an old lime quarry, one of them slipped his foot, and the other in endeavouring to extricate him was dragged in, and melancholy to relate, both were drowned.
Coroner's Inquests � On Tuesday, the 14th inst., an inquest was held before J. Hamley, Esq., on the body of an old man named Joseph Grigg, who being unwell was going from St. Dennis to St. Columb to consult a medical gentleman. When about half way on the road, he was seen to stagger and fall down; medical aid was immediately obtained, but he very shortly expired. Verdict "Died by the visitation of God."
An inquest was held at Bodmin, on Thursday, the 6th instant, before Joseph Hamley, Esq., on the body of a child, about two years of age, only son of Mr. Samuel Hambly, grocer. The child was at play outside his father's door, when a horse, the property of Mr. Clarke, ran over him, and fractured his scull, which occasioned his death within a few hours afterwards. The horse had been tied to a gate in Castle-street, and it is supposed that a fly must have stung him, which occasioned his breaking away. - A verdict of "Accidental Death" was returned, with a deodand of 1s. on the horse.
On Wednesday, the 5th instant, an inquest was held before Wm. Hichens, Esq., coroner, in the parish of Illogan, on the body of John Wills, aged about 5 years who came to his death by burning. The deceased, and two other young children, were left by their mother on the 4th, in her dwelling-house, whilst she went to the well for water; and during her absence, which was only for a fw minutes, the deceased accidentally caught his clothes on fire. The body was dreadfully burnt, and the poor child survived the accident about two hours. Verdict, "Accidental Death."
Scilly, August 11 � On the night of Wednesday last, the Scilly Islands were visited by a thunder storm, of considerable violence, and long continuance. The first faint openings of lightning, and distant growlings of thunder, were observed about nine o'clock; but, from eleven to nearly three on the following morning, there was a constant and rapid succession of peals and flashes. The lightning was of various colors, chiefly blue, and forky; and seemed to play about in a variety of forms; the thunder (with few exceptions) was not particularly loud. Some heavy showers, which fell at interveals, tended to alleviate those apprehensions of danger to which such an occurrence might give rise; but several families remained up, watching, till the storm was over. Happily, no damage was done. - A sermon was preached on the occasion, in the church of St. Agnes, on the following Sunday morning, from these appropriate words: "The voice of the Lord is upon the waters: The God of glory thundereth. The Lord is upon many water." (Psalm xxix. 3.)
The Harvest � The best field of wheat we have heard of in the neighbourhood of Truro, is one that was cut last week by Mr. Whitford, of Lambessow, in the parish of St. Clement. The wheat is called the blue prolific, and the produce is considered to be upwards of twenty Cornish bushels, or sixty imperial bushels to the acre. We counted about 100 grains in one ear. Such a field of wheat for seed must be particularly valuable.
Bude � The corn harvest, which is now becoming general throughout this neighbourhood, is rapidly progressing under the most suspicious weather and the certainty of excellent crops; and although the sale of cattle and sheep at some of the neighbouring fairs has been, of late, at declining prices, owing, no doubt, to the scarcity of grass, yet we trust the general showers we have had for the last day or two, will tend to refresh the face of the country, and again clothe it with the needful supply of herbage.
Hayle � The weather for the last ten days has been such as the farmer can desire for ripening the corn. Harvest has partially commenced, and if the fine weather continues, it will be general next week in this neighbourhood. Crops are above average; on many farms heavy. Mr. Trerise, who holds an estate about four miles from Hayle, has cut a field of wheat, 40 sheaves of which yielded a Cornish bushel. Last year it would have required from 80 to 100 to produce that quantity.
Wesleyan Conference � On Wednesday morning, July 29th, the Wesleyan Conference commenced its sittings, according to appointment, in Brunswick chapel, Newcastle-upon-Tyne. The Rev. Robert Newton was elected president, by a very large majority; and the place of secretary was filled by the election of the Rev. Dr. Hannah to that office. The Wesleyan connexion, so far as reports have been made, is in a state of great peace in all its departments; and the actual increase of members to the society, during the last year, is about 22,5000, including nearly 6,000 reported as the increase on the Mission stations. About 400 preachers attended the conference, the sittings of which were expected to close on Wednesday last. The following preachers are appointed to the different stations in Cornwall: - Redruth. John Hobson, Samuel W. Christophers. - Camborne. Samuel Dunn, Thomas Withington. - Tuckingmill. James Akerman, Henry Botterell. - Falmouth. James Mowat, John G. Wilson. - Truro. John Hall, Henry W. Williams, John Smart. - Gwennap. Samuel Timons. - St. Agnes. Elias Thomas, John Dawson � St. Austell. Joseph Fletcher, Edwin J. Sturges, John Osborne. - St. Mawes. Charles Williams � Bodmin. John Cullen, Thomas Robinson, jun. - St. Columb. Thomas Wood, George Millsom � Penzance. William Burt, James B. Godden. - St. Just. Thomas Jewell, Peter Parsons � St. Ives. John Saunders, William Appleby, Christopher Ridler. - Scilly Isles. Battinson Kay. - Helston. Richard Williams, George Beard, John M. Budden. - Hayle. John Smith, James Cooke, jun.
Cornwall Summer Assizes. (Concluded from our last number.) Crown Court. Tuesday, August 4. (Before Mr. Rogers).
Catherine Long was found Guilty on two indictments, for obtaining goods under false pretences. There were several others of a similar nature preferred against her. For the first offence to be Imprisoned Six Months At Hard Labour, and for the second Imprisoned Four Months Also At Hard Labour. - this closed the criminal business of the assizes.
Nisi Prius. Wednesday, August 5, (Before Mr. Justice Maule.)
Slander � Cock v. Lord � This, as we stated last week, was an action on the case for slander, in which Thomas Cock was the plaintiff, and George Lord was defendant. The declaration stated that the defendant spoke certain words of the plaintiff which greatly injured him in his fame and credit, and it also averred that in consequence thereof two parties refused to deal with him. The defendant answered first that he was not guilty, and, secondly, justified, to which the plaintiff had replied. Mr. Sergeant Bompas and Mr. Rowe appeared for the plaintiff, and Mr. M. Smith for the defendant.
Mr. Sergeant Bompas said the plaintiff in this case was a respectable dealer in cattle, living at Truro, and the defendant lives also at Truro, and is a butcher in very considerable business; and this action was brought for slander, he thought, of as malignant a kind as he ever had the honour of submitting to a jury. Mr. Lord had deals in cattle for a very considerable time, and Mr. Cock had met the defendant at market many times; and, whether it had been on account of their coming in contact in business or not he could not pretend to say, but the defendant had taken upon himself to persue the plaintiff with a course of slander of so malignant a kind that it was necessary, if he would carry on his business, that he should bring it before a jury. The crimes which the defendant had attributed to the plaintiff had been of the most atrocious character. He had called him a highway robber; he had said he was as bad as the Lightfoots; he had distinctly charged him with stealing cattle; and he had called him every opprobrious epithet, which rendered it impossible that he should carry on his business with respect, unless he brought his case before a jury. This had not been once or twice, but he had pursued him with determination in markets, in public houses, and he seems to have made it an object to destroy the reputation of Mr. Cock. In a public place, before many persons, these are the charges which he had brought against him. "Yes are a d�d rogue � you are a highway robber � you are as bad as the Lightfoots." Then he said "you have cheated Mr. Palmer." Then at another time he said "there goes a highway robber; he ought to have been hang years ago; he purchased two cows and stole a third." And he had thus pursued him so that it was impossible for him to live in peace, unless he called upon him to come before a jury and prove any one of those charges. Among other things the defendant said, "You have cheated Mr. Palmer." or words to that effect, and when the plaintiff brought an action against him to answer for those charges, and defied him to prove one of them, he omitted all those malignant charges which he had been wicked enough to attribute to the plaintiff, and he ventured to put upon the record a justification of one charge, and in that justification he had chosen deliberately to charge the plaintiff with doing that which, if proved, would amount to the crime of forgery. He had said, that he (the plaintiff) having dealings with a man of the name of Palmer, had given him a check purporting to have been drawn by a Mr. Pearce, of Truro, when that check was not drawn by him. Now, surely, when publicly a man ventured to attribute to a person crimes of this kind, it became the plaintiff to bring an action. He had no doubt that the jury would find that charge as false as every other charge would prove to be. He believed that the defendant would not attempt to prove the truth of this charge, but he had put it upon this record for the purpose of inflicting an additional injury upon the plaintiff. The Learned Counsel then called upon the jury to give such damages for the plaintiff as would mark their detestation of this attempt to destroy a man in his business and to ruin him in society.
Several witnesses having been called, who proved the truth of the statements made by the Learned Sergeant, Mr. M. Smith said he appeared before the Court on behalf of the defendant, and he did so with some anxiety, because if a verdict was given for the plaintiff in the manner in which his Learned Friend had so peremptorily demanded, the rain of his client would be the consequence, and he was obliged to tell the jury that although he was a man given to drink a little, and could not then keep a still tongue in his head, he was not on that account to be muled in large damages. He had never seen a case got so with so much care and skill so woefully break down. The Learned Gentlemen then commented on the evidence that had been given, and concluded by saying that the words used were mere terms of general abase, and if his character would not stand words of that kind, he must have very little character indeed; and if he had a good character any words uttered in the manner the defendant had uttered these would not hurt him.
The Learned Judge, in summing up, said in allusion to the evidence given by Polkinghorne, that he did not see that the defendant had shown any particular circumstance which ought to direst the words he had used of their natural meaning. The words used by him were "there goes a highway robber � a damned rogue, - he ought to have been hung years ago; he purchased two cows and stole a third and drove it away by starlight;" he called him a rogue and said there was not a bigger rogue in existence. These words in their natural sense would impale to a person that he was a thief, and that he ought to have been transported for stealing a cow. Unless the party took away that sense and gave them a new sense, then the jury ought to give them the sense which naturally belonged to them. With reference to what had been said of the Lightfoots, the words proved were you are as bad as a Lightfoot, while the words said were "you are a Lightfoot." It was said "you are a Lightfoot." That was a charge which no man could believe, particularly because it was well known that both of them were well hung (great laughter). Still he used the term as one of reproach, some time ago, and if they believed the witnesses the verdict must be for the plaintiff. Then [?] to the amount of the damages. It was said that several persons left off dealing with him. But his Lordship questioned whether any one really withdrew his custom on the account. Still if the defendant did speak those words he must pay for them. They must say what should be the amount of damages in such a case. When a drunken person used abusive words they would not make so much impression as if the person was a sober person; still they might be used by a drunken man and repeated by whom they were uttered. The jury found a Verdict For The Plaintiff, Damages Five Shillings. This verdict does not carry costs.
Thursday, August 6.
Thomas v. Trebilcock � In this case, which, as we stated last week, was adjourned at ten o'clock on Wednesday night till this morning, the parties came to an arrangement out of court.
Mathews v. Vyvyan � Mr. Sergeant Bompas and Mr. Butt for plaintiff; Mr. Erle and Mr. M. Smith for defendant. In this case, Thomas Mathews was the plaintiff; and Sir R.R. Vyvyan Bart. As High Sheriff, the defendant. The action was brought to recover a Stalion which was seized in June by the Sheriff. It was not denied that the Sheriff did take the horse as alledged, and the only question to be tried was whether the horse was the property of the plaintiff at the time of the distraint as James Mathews, a brother of plaintiff. - James, it appears had got into difficulties, and from him the stallion in question was alledged to have been purchased by plaintiff. In proof of this point, and to show that the ownership of the horse was in the plaintiff at the time it was seized by the Sheriff as James's, several witnesses were called, but the different parts of their evidence did not harmonize well; and after Mr. Erle had addressed the jury for the defendant, contending the evidence gives afforded strong proof of a collusive sale, he declined calling any witnesses and the jury gave their verdict for the defendant.
21 AUGUST 1840, Friday
Sunday-School Anniversary. - On Sunday, the 2nd instat, two able and appropriate sermons were delivered in the Wesleyan chapel, at St. Stephens in Branwell church-town, to crowded congregations, by the Rev. E.J. Sturges, of St. Austell, in and of the Sunday-school connected with that place of worship. At the close of the evening service, several of the children were examined in the Wesleyan catechisms, their answers to which gave general satisfaction. On the following Tuesday, the teachers and children, together with the choir belonging to the Coombe Chapel, walked in procession from the school-room, some of the children bearing flags with appropriate mottoes, to a field kindly lent by Mr. R. Pall[?], where they were regaled with tea and cake, after which Mr. Sturges again addressed them, and others of the children were examined in the catechisms. The benediction was pronounced, and the company separated highly delighted.
Truro Police � On Tuesday last, James Davey, of Truro, generally known by the name of Gold[fish?], was brought before W.H. Ballmore, Esq., mayor, by policeman Woolcock, charged with stealing cabbages, and a quantity of wall fruit, from the gardens of Mr. Tre[?]. On his way to prison, he was noticed by Woolcock to drop from his person a part of the stolen property, which consisted of plums and other productions of the garden. He was committed to the house of correction for six? Months, the last two months at hard labour.
Providential Escape � On Monday last, as Jane Bound, of Lanlivery, near Lostwithiel, was ascending a flight of steps, at Pelyn-house, her cloths became entangled with the trigger of a loaded gun, placed against the wall by Mr. Kendall's game keeper, in consequence of which the gun went off, and lodged a portion of its contents in the upper part of her thigh. Mr. Billing, surgeon, of Lostwithiel, having been in attendance we are happy to say the poor woman is in a fair way of recovery.
Praiseworthy Conduct � On Wednesday, the 5th instant, in a very severe gale from the S.E., several fishing boats of St. Just in Penwith, were in very considerable danger of perishing. There is no question that some of the smaller ones must have been lost, but for the highly-praiseworthy exertions of Captain John Corbert and his crew, in the schooner �"Commerce," of Plymouth, which was fortunately on her voyage from S[?]. Five of these boats, one belonging to Pendeen, one to Porth Just, and three to Sennen Cove, with 17 men on board, were taken in tow by the "Commerce;" and, after five hours, got into Whitsand Bay, about nine o'clock at night. It blew too hard to pull ashore, so Capt. C. most kindly kept the poor fellows on board his schooner all night, providing them with every needful refreshment � an assistance for which the fisherman desire to express their most grateful acknowledgments. Two of the boats had been driven more than six leagues from the shore when Capt. Corbett bore down upon them, in answer to their signals of distress. Several other vessels were in sight, many of which might with less difficulty, have taken the boats in tow, but all of them kept on their course, leaving their fellow creatures exposed to the pitiless storm, from the fury of which none was found to rescue them but Capt. Corbett and his crew. We are always glad of an opportunity of publishing each acts of humanity as tend to raise the character of the British seaman � a class to which we are sure Capt. Corbett must be an honour.
Shipwreck and Loss of Life � On Thursday, the 13th inst., the schooner "Lucy," of Chester, Owen, master, put into Falmouth on her passage from Car[?]arton to Hail, having on board Capt. Finch, of the smack "Diligence," of Cardigan and two of his crew. It appears that on the preceding evening, the Diligence, which had just rounded the Lizard on a voyage from Newhaven to R[?]c[?], was struck with a heavy squall, in which she received such damage in her rudder or rudder-irons. She consequently became unmanageable, and was driven on the rocks near Mullion head, and sunk. The crew, on seeing their danger, got into the boat; but she becoming entangled in the vessel's rigging, both went down together, and John Harley, of Tenby, one of the crew, was drowned. The captain and the other two seamen supported themselves on the water for about 20 minutes; when the "Lucy," on board of which the accident had been seen, [?] to their assistance, and picked them up.
Assessed Taxes � In reply to applications on the subject, the Board of Stamps and Taxes have explained the extent to which the new survey of windows will be carried, as follows: - "The board have received directions from their Lordships not to charge windows in a warehouse or manufactory solely used as such, although communicating with the dwelling-house or shop by a door between such house or shop and manufactory or warehouse, provided such manufactory or warehouse form no part of the dwelling-house, but only communicate therewith by such door.
The Harvest � Mr. Nicholls, of Treloy, in St. Columb Miner, has had 496 sheaves of new wheat thrashed, which yielded 48 imperial bushels of beautiful grain.
Launceston � In consequence of the showery weather, the harvest is progressing slowly in this neighbourhood. Some forward wheats was carried last week, in good condition, and quality excellent.
Cornwall Infirmary � Ausgust 21 � Admitted this day, five in-patients, and six out-patients. - Discharged one in-patient, cured, and one ditto not likely to receive further benefit. No bed vacant. Vaccinated two since the last report. The days for vaccinating the poor gratuitously, are Wednesdays and Saturdays, at Ten o'clock. N.B. - As some children whose parents are not poor have been prevented as fit objects for gratuitous vaccination, the public are cautioned that in future such persons will be exposed.
Emigration. The following are extracts from a letter from Nicholas Player, in Adelaide, to his father, E.P. Player, of Truro.
Adelaide, February 29th, 1840. - Dear Father, - We arrived here on the 6th of February. The captain behaved very well to us in letting us have a cabin, and never charged anything for it, and Christmas-day he gave us a bottle of wine, and sometimes used to take Nicholas in the cabin and give him bread and butter. We saw plenty of whales, and caught some birds, that measured ten feet from point of wing to wing. We never saw land but once, and then it looked like a cloud; and we never met but one ship, and she would not answer our colours, or else I should have sent you a few lines by her. We had eight births on board, and Candy's wife lost her child and had another. Adelaide looks a very curious place until a person gets used to it, and so many emigrants coming make things very dear. Within this last fortnight we have had 1,000 emigrants, and they say if it continues for about two years longer, it will be a fine place. Things have been as cheap here as in England, but at present they are as follows: - Bread and flour, 1s. per lb.; butter, 2s. 6d. to 3s. 6d.; meat, 10d.; salt ditto, 10d; porter, 2s. per quart; beer, 1s. 6d.; bottled porter, 3s.; milk, 10d. per quart; potatoes, 5d. to 6d. per lb.; fowls, 10s.; cats, 20s. each; eggs, 6d. each; cheese, 2s. 6d. per lb.; apples, 3d. to 4d. each; soap, 2s. 6d. per lb.; starch, 1s. 6d.; hay, �18 per ton. Your house that Edward lives in, would bring �300 a year. We pay �30 per year for two little rooms. We have had some very heavy rain since we have been here. A horse that at home is worth �25, is worth here �125. Spirits are twice as dear here as at home. There are a great many natives here, but they are very quiet people; they are not more than a quarter of a mile from us, and the greater part naked. The other night they had a row, and killed a child by accident, roasted it, and ate it. We have very hot winds; we are never without wind, but it blows quite hot, and everywhere it looks like the heat coming out of the top of a lime kiln, very wavy. People look forward for winter here as you look for summer. Times at present are not so brisk as they have been. There are several carpenters out of work, but the first place that I asked for a job I had work, at 13s. per day. As soon as work is a little brisk, I shall try to get more. There are a great many people here with bad eyes, and almost every body is afflicted with something on first coming in the colony. I have lost three days' work with swelled ancles, and Susan is now washing them with hot vinegar while I am writing, for I am going to work again; a day's work here being of great consequence where things are so very dear. They have had a good harvest at Sydney, and they say in a little time, bread will be much cheaper. Pray God send it, for we eat the worst brown bread, and then it costs us 21s. per week for bread, for the children are very hearty, and so are we altogether. The weather is so hot we have no coal; we burn wood like the farmers, which makes it look very homely. Susan don't like it very well, nor do any first comers; but I think I shall like it very well, especially when things get a little cheaper. I have seen Brock, he is working at the printing. I have seen Mr. Clark's daughter, of Kenwyn; she is very well. We both join in our love to you, and remain, Your dutiful son and daughter, N. and S. Player � P.S. - Onions, 1s. 6d. per lb.; greens, 4d. per head; cucumbers, 2s. Each. The country is delightful.
28 AUGUST 1840, Friday
Terrific Thunder Storm � On Saturday last, a tremendous thunder storm passed over Launceston, and extended itself eight or ten miles on either side. A barn within half-a-mile was much injured, but a person working at the other end of the barn luckily escaped unhurt. In the parish of North Hill, and not far from Trefartha, six bullocks, the property of three persons in that parish, were killed on the spot. They were lying in the line which the electric fluid must have taken, not grazing together, but in the respective fields of the owners. Four of the bullocks belonged to Mr. E. Budge, one to Mr. Jasper, and the other to Mr. Peter.
Pilchard Fishery � Newquay � On Tuesday morning last, the driving boats at this place brought in about 1,000 fine pilchards. Several shoals were seen by them off Perran Bay; but the fish were shy to take the nets. We are still in hopes, says our correspondent, of having a catch of the early fish, as they pass up channel; bu nothing has yet been seen approaching the bay.
Mount's Bay � We regret that up to the time we write, no fish has been taken by the seans here; and no intelligence has reached us that any have been secured at any other place along the coast. The driving boats continue to bring in a few.
Goran Haven � The drift boats belonging to this place and Mevagissey, have brought in fine catches since Sunday, amounting to from 500 to 6,000 or 7,000 a boat. Two seans shot at Mevagivsey, on Monday, one of which took 8 maunds, and the other 12 maunds, which fetched 15s. per maund.
New Chapel � On Wednesday the 19th instant, the foundation stone of a new chapel, intended for the use of the Methodist New Connexion, was laid at Green Bottom. The Rev. P.J. Wright preached on the occasion an appropriate sermon, to an attentive and highly interested audience.
Fatal Accident � On Saturday last, as the "Duke of Cambridge," Dublin steamer, was on her passage down the Thames, an old sailor, named Davis, of Plymouth, went on the railing, near the ship's bow, where he fell asleep, having, as was generally believed, taken a little more spirits from a bottle in his possession than was prudent. He was, however, roused from his dangerous situation by one of the passengers; but soon afterwards resumed his former position, and in the act of turning round to speak to some one, lost his balance, and fell overboard. He instantly came in contact with the paddle-wheel, which must have caused immediate death, as the blood was observed to colour the water considerably. The ship was stopped very promptly, but the poor fellow, who had only been paid off a day or two before, after being 41 years in the service, sunk to rise no more. The ship continued to ply round the spot for some time, in the hope of picking up the body; but in vain, - the only thing which floated was his hat.
Suicide By A Clergyman � On Saturday afternoon, the 15th instant, the Rev. Mr. Southcombe, curate of St. Wenn, near St. Columb, was discovered in his bed-room quite dead, with his throat cut. He had for some time before showed evident signs of derangement, and had been very irregular in his conduct. An inquest was held on the body on the following Monday, before Joseph Hamley, Esq., and a verdict of Insanity was returned.
Coroner's Inquests � On the 22nd instant, an inquest was held before Wm. Hichens, Esq., coroner, on the body of a child named Wm. Hosking, aged about two years and a half, who was choked on the preceding day by a piece of the crust of a pasty. The deceased's father, who is a miner, having come home from his labor, was eating his dinner at the kitchen table, and the child was in the window at the side thereof, partaking of the same fare, when the mother, who was also sitting at the table, discovering that the child was choking, caught him and exclaimed "the child is choked." Many neighbours came in, who shook the child, struck him on the back, and used such other means as they could think of to clear the stoppage, but without effect; and the child died in about five minutes. Verdict accordingly.
On the 24th, another inquest was held before the same coroner, at Zennor, on the body of Mary Christopher, wife of John Christopher, a farmer in that parish, who hanged herself in the afternoon of the 21st instant. It was given in evidence that Mr. Christopher and his wife had lived very unhappily together for several years, and that, upon more than one occasion, she had left him and returned to her father's house for protection. It did not appear, however, that he was in the habit of beating her, though they would often quarrel; and he had latterly, in these quarrels, accused her of being inconstant to him, and would express his doubt that the last child she had had born about six weeks since, was his, which the female servant, who had lived with them for nearly two years, thought had preyed upon the deceased's mind, as she had for a week or more prior to her death kep herself very much to her bed-room, and failed to attend to her domestic duties, as she used to do, having become very gloomy, and shewn great reluctance to hold conversation, or even to answer a question when asked. The husband, it appeared, on the morning of the day of her death, pulled her out of bed, and made her dress; and afterwards, from a reluctance, it is presumed, on her part to go down, pushed her over the stairs. The poor woman, fortunately, however, saved herself from falling, by taking hold of the hand rail; but not without receiving a very severe blow on one of her eyes against a piece of wood on the headway of the stairs. She kept herself to her bed-room nearly the whole of the fore part of that day, and was seen sitting there by the servant about two in the afternoon; but at four she was found suspended by a neckerchief to a piece of wood connected with the key beam in the roof, lifeless, and nearly cold. No doubt was entertained either by the either by the coroner or jury that the act was her own, and that she committed it whilst laboring under temporary insanity; and the jury returned a verdict accordingly. It is due to the deceased to say that she was considered by all her neighbours to be a virtuous woman, and wholly undeserving of the husband's suspicions.
Cornwall Infirmary � August 27 � Admitted this day, four in-patients, and five out-patients. - Discharged four in-patients, relieved, one ditto made an out patient, and one ditto died. No bed vacant. Vaccinated four since the last report.
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