cornwall england newspaper


1842 NEWS ARTICLE

DECEMBER



2 DECEMBER 1842, Friday


INSOLVENT DEBTORS' COURT. On Monday last, a court for the relief of Insolvent Debtors was held in the County Hall, Bodmin, before Mr. Commissioner Law. There were six cases for hearing, but only three were opposed. FRANCIS TRELEAVEN FOX from Falmouth, was brought up, and, as there was no opposition, Discharged Forthwith.

HANNIBAL, John BOASE, aged 76, butcher, was sued by Joseph Moses LEVY for �39. 5s. 6d., and �4. 1s 6d. incidental expenses. The insolvent lived at Penzance, and was sued on an accommodation bill. He applied to the society for the relief of debtors for assistance, but one of the rules of the society is, that "all accommodation bills and acceptances for which no consideration has been received by the petitioner are inadmissible cases. To be Discharged Forthwith.

SAMUEL MICHEL, late carpenter and innkeeper, of St. Ives, was unopposed. He was in custody at the suit of Capt. Wm. ROACH, mine agent, of Towednack, for �18. 15s. 6d. In answer to the Commissioner, the insolvent stated he kept an inn about four years since for a year and nine months, at St. Ives. He was a carpenter by trade, and followed his trade both before and since that time. Nearly the whole of his debts were contracted while he was an innkeeper; he gave about �300 altogether to go into the inn; borrowed �50 of William NICHOLLS, of Lelant, sold a house for a hundred pounds, and the rest was on credit. Sold the concern on quitting for �180 odd. To Be Discharged Forthwith.

RICHARD DENNIS RODDA, late a bookseller, at Penzance, was then called. This was an adjourned case, the former proceedings in which we gave at length in our report of the last court. Mr. BENNALLACK and Mr. ROSCORLA APPEARED FOR THE INSOLVENT, AND Mr. PRESTON WALLIS said he appeared for several creditors by whom he was opposed. The Commissioner - I apprehend this case has been heard and disposed of. Mr. Wallis - The insolvent was directed to pay a certain sum of money into Court. The Commissioner - And what then? Mr. Wallis - I submit that he must remain till he has paid. The Commissioner - That that is the meaning of the Commissioner's judgment is clear, though the Commissioner has not done what I should have done. The words of the Commissioner are "adjourned to the next circuit to pay in a sum of money." That is a thing I do not understand, it is a sort of decision that is not reasonable; one would generally say "discharged conditionally on paying so much." The insolvent was at all events to stay in custody till the next circuit, yet he was expected to do what is right. It is quite plain that the Commissioner who heard the case [Mr. Commissioner HARRIS] came to the conclusion that he ought not to be discharged unless the money found its way into court, and if he did I have only to do what ought to have been done before, and that is to give him his discharge when the money is paid. If either party has any new facts I will hear them, but I won't hear the old facts. Mr. Bennallack - I believe that the Commissioner founded his judgment on that which was erroneous, that the Commissioner imagined Rodda to have been insolvent at the time that he gave the warrant of attorney to Mr. JOHNS, his father-in-law. Now we are in a situation to show that he was solvent. The Commissioner - if you have any new facts I will submit them to the Commissioner who heard the case; I am not sitting here in appeal. The Commissioner then asked Mr. Bennallack if he had any new witnesses, and that gentleman said he had not, but he wished to examine the insolvent. The Commissioner then asked the insolvent several questions respecting certain items in his schedule, in which monies had been paid both to the insolvent's father and to certain of the creditors. The Commissioner remarked upon the inaccurate and slovenly manner in which the insolvent's schedule had been drawn up. Mr. Roscorla said that at the time several actions were commenced against the insolvent he had enough to pay 20s. in the pound, and all his debts would have been paid if the creditors had only used ordinary forbearance. In January, 1842, just after the execution of the warrant of attorney, the insolvent produced to him an account of his stock and liabilities. The object of giving the warrant was to secure his father-in-law for �739 which was then due to him. He was threatened by a number of creditors, and it was not used till after a great number of payments had been made. In January, Rodda took stock; and its value at prime cost was �1,096. 7s. 5d; his book debts were �847. 9s. 11d. say good �800; his household furniture (cost �150) worth say �80 - making a total of �1,976. 7s. 5d; while his liabilities were not at all above �1,700, which would leave a balance in his favour of �276. 7s. 5d. This was the condition in which he was situated, when he was attacked by some eighteen or twenty creditors, and had a writ sent him almost every day, nearly the whole of which were satisfied by himself, notwithstanding seven or eight of them were certain(?) as to execution. In reply to several questions, it was stated that the amount of book debts assigned was �475; the balance due to the assignee 500 and some odd pounds. With respect to several of the creditors, Mr. Roscorla observed that in December, 1841, Rodda owed Messrs. WILLIAMS, COOPERS and CO., �300, out of which they were paid in April �100; and on the 16th of April, Rodda returned goods to them, in the amount of �65. 16s. 5d., without unpacking them. The assignee had collected about �30 of the debts transferred. The Commissioner observed that Mr. Roscorla would have some difficulty in supporting that assignment, considering the date of it. Mr. Wallis said that it was executed the 2nd of June, and he went into prison on the 6th. Mr. Roscorla said he did not think Mr. Johns would attempt to maintain the assignment. The Commissioner thought if that was abandoned so as to leave the debts for the creditors, and supposing the debts to be substantially good, and worth anything like the nominal sum, he did not think much more ought to be required. Mr. Wallis said the creditors were not satisfied of the existence of Mr. Johns's debt at all. The Commissioner - Mr. Johns was produced as a witness. It seems to me from the extremely defective state of the schedule, the Commissioner could not have know much of the case. Mr. Wallis - He did not go into the case. The Commissioner - It is most unfortunate that he did not make a conditional discharge, because in that case Mr. Johns might have found that the debts were worth the sum named; for supposing the debts were bought at the amount named by the Commissioner, �326? Mr. Wallis - There is a separate account. The commissioner was of opinion that �326 should be paid into court in addition to that deed. Mr. Roscorla - He did not come prepared with these vouchers which I have produced here to-day. [Mr. Roscorla had previously shown that Mr. Johns had made payments to creditors, since April 11, 1842, amounting to �570. 17s. 8d. Towards this Johns had received of the insolvent on the 11th, 13th, and 14th of April, �355, and under a writ of fi. fa. �186. 2s. 9d.] The Commissioner then ordered the insolvent to be sworn to his schedule, after which the learned gentleman observed - This case having been substantially decided on a former occasion, and having now no new evidence, properly speaking, to guide me, I ought simply to leave it as I found it, only putting it into a fitter shape. But I can't understand now why there was not a conditional discharge, and so far this insolvent may have reason to complain, and that is one reason why I wish to moderate my terms, because if I am to exercise, according to the forms of this court, on original judgment upon this case. I should begin by saying give me a schedule and a special balance sheet. There is nothing like it at this moment. If the insolvent thought the terms he was about to impose not sufficiently satisfactory he should think of that. I think that although there is the clearest ground to say that the assignment and the proceedings adopted for the benefit of Mr. Johns were to give him an advantage over the other creditors, yet I always look more favourably upon cases where property is given to a friend as a surety in order that it may be applied, though partially, to the payment of his own creditors, than if it went to the payment of an old debt. If I am asked why I fix upon the sum that I shall name, I could not very satisfactorily explain why it should not be a good deal more or a trifle less, for the accounts are not in that state to enable me or any man to affix a sum that is clearly the right sum, or to come to any decision that is clearly the right decision. If I were asked what was the best way of coming to an end in this case, I should recommend that the insolvent should retire from this court immediately, and that the creditors should take a composition. When, however, things have gone wrong, it is much easier to talk of putting them right than to do so. And without saying anything more I shall order that he be discharged on paying into court �130, on that assignment of debts being cancelled, that is with the consent of the parties to whom it is made, and on the same party consenting to withdraw his own claims entirely. Mr. Roscorla said this was a decision that could not be complied with. The insolvent must be detained during your pleasure, if for seven years to come. If the insolvent's schedule had gone back to 1838 and 1839, he would have appeared with perfectly clean hands. The Commissioner. The fittest course for me would be, as the case stands, to leave it still for the consideration of the Commissioner who heard it, and if you can by any fresh accounts satisfy him, it is perfectly open to you to do so. Mr. Roscorla. That is the course we must take.

FRANCIS JAMES was opposed at the suit of Jane MUSGROVE, of Truro, for �66. 12s. law costs and verdict, in a case in which the insolvent was prosecuted for riding over the creditor. The case was conducted against the insolvent at the assizes by Mr. BRAITHWAITE, to whom this money was due. The insolvent, who is a farmer living with his mother at Probus, was examined at great length as to his means of living, and the expenditure of a small legacy which came to him after the death of his father. There was nothing of interest in the case, and the court, after having appointed Mr. George ROBERTS, of Truro, and son-in-law of Mrs. Musgrove, assignee, ordered his discharge.

WILLIAM WESTLAKE, ironmonger, of St. Dominic, was opposed by Mr. SNELL, of Callington, for a creditor named Richard CLATWORTHY, by Mr. SERGEANT, for himself, and by Mr. Walter GUNTON, a commercial gentleman, for a firm in which he is a partner. The insolvent was examined at great length by Mr. Snell, as to an estate which he had purchased in St. Dominic, and subsequently sold, but of which he had made no mention in his schedule. The insolvent, in his examination, stated that he bought the reversion of the estate of Tremell(?) of Issac CRADDOCK, in November, 1840. The consideration money was �500, to be paid at �50 a year, and �200 he was to have paid on the decease of COUCH. Insolvent paid �200 himself to Craddock; sold the estate to the Rev. Mr. BAZELY, of St. Dominic; he was to give �300 for it; received in cash from Bazely not more than �120; took shares of the Western District Bank for �300 more; sold it about Midsummer 1841. Insolvent said he subsequently sold the bank shares to Mr. Nicholas MOON, doctor, of Callington, at the latter end of June, 1842, for �125; had stated in his schedule that he lost �230 by these shares, because he had lost a year and nine months' interest on his �500; had calculated his interest on �500, when he only took them for �300. The cash was paid for these shares a month before he was arrested. On the day he sold the shares he paid the bank �73, money that he owed. The Commissioner then observed that the insolvent and his attorney had taken a great deal of pains not to tell what he had done with the money. Such a schedule and special balance sheet he had never seen. The insolvent then stated that he paid �73 to the bank; �6 to Mr. GOULD, ironmonger, of Devonport; Mr. GREY, merchant, at Plymouth, �15, and the rest he brought home; he then paid Mr. RICKARD, farmer, at St. Dominick, �10, borrowed money. The money paid at the bank was on account of a bill which insolvent had accepted, to pay Mr. LANG, a merchant, who had got all his property on a warrant of attorney; had stated in his schedule his capital, in 1838, to have been �800; it consisted of goods and one thing and another; did not know that at that time he had �800 clear capital; could not tell whether, after all his debts were paid, he had �50; he was always from hand to mouth paying away as he received. Insolvent owed Clatworthy �103. 2s. 6d. for goods and cash, gave him a warrant of attorney for �96; did not know the day; it was the same day that MURRAY, the sheriff's officer, took his goods in execution for Mr. Lang; had seen Murray prior to coming to Mr. Snell's house and signing the warrant of attorney; knew that there was an execution coming against him. Clatworthy lent him on that day �30, - �20 in a two months' bill, and �10 in a cheque. At the time he signed the warrant of attorney to Mr. Clatworthy, there was an execution against him; knew at the time that there was an execution against him. Mr. Clatworthy and Mr. Snell were then sworn, and the latter stated that insolvent and Clatworthy were in his office on the 6th of July; witness asked the insolvent whether he had signed any warrant of attorney, and if there was any execution likely to come against him. He declared that there was not, and on the faith of that he advised Mr. Clatworthy to lend him some money. Mr. Clatworthy - He told me that he was ready to go and take the sacrament to what he had said. Mr. Clatworthy then lent him the additional �39(?) already alluded to. Mr. Walter Gunton then shortly examined the insolvent, and afterwards gave evidence. The first time he called upon the insolvent was in January last, at Callington; his account against him then amounted to �49, which he requested him to pay. Insolvent had paid him nothing before that, having the previous year called at his counting-house in London, and opened an account. The first money ever received of him was �10, and he accepted a bill for �30, leaving a balance of �9 due. Witness urged him to pay more in cash, and he stated as a reason why he could not pay more in cash that he had invested a considerable sum of money, to the best of his recollection �1,500, in shares in the Western District Bank. Witness observed to him that he thought it would be much better for him to keep his capital for his business, and he said he intended to dispose of them, but they were likely to be worth more in the market shortly and he wished to wait a little while before they were sold. He also stated that he had a residence and some warehouses which he had lately built at St. Dominic, and a shop and a warehouses or some place of the kind at Callington, and he understood him that the whole of that was his own property. He distinctly told him that the whole of it was his own property. That was all that passed on that occasion; witness then sold him between �50 and �60 worth of goods, which, had it not been for these statements, he should not have sold him. Since then he had had more goods. The bill was paid; but he had since had two parcels of goods, besides the �50 or �60 worth. Even a parcel of goods which reached him while Murray was in execution, instead of sending back, he allowed to be seized. Mr. Sergeant stated that the insolvent had said that �60 due to him was for law costs. This was not true. In February, 1840, witness directed his bankers of Launceston to pay �40 on Westlake's account (. . . .?) a draft of Jane BART's (Burt?), the administrtrix of E. . .? Bart, then lately dead. Insolvent owed the estate which I was managing at that time �40. The administrators pursued(?) for a settlement, and he requested witness to discharge it. Witness did so. For that �40 witness received as security two bills of exchange for �23. 10s. and �10. 10s. in April 1841, they were both discharged with expenses of 11s. Since that witness but transacted some business with him, principally relating to the purchase of the Trewell estate, the bill for which (. . . . .?) to �20. 0s. 9d.; this included �2. 10. which witness lost? Him. Then there was a bill of exchange for �10. which he discounted at his request, drawn by Rickard to the Insolvent. These sums together, with interest amount to �77. 2s. 11d. Witness received from Barcly(?) on insolvent's account �23. 9s. 6d.; he allowed him �8, and insolvent gave him a bill for �32. 17s. 6d. - leaving due �12. 15s. 11d. When this bill was given he faithfully promised that it should be discharged at Christmas; but he put him off from time to time till he commenced an action against him. He then told him that he was above water, and that he owed no man any amount of money; and if witness would wait he should be paid. He made false pretences to him, and if it had not been for those statements he should have pressed the action against him. The Commissioner very strongly animsdiverted(?) as the conduct of the insolvent throuabout(?) all his transaction, and remanded him for five months from the date of the vesting order, for his general unfair dealing to the creditors, and seven months from the same date for his misconduct to Mr. Gunton.

PROBUS PLOUGHING MATCH. A ploughing match took place at Probus, on Tuesday last, in a field belonging to Mr. HODDY, of Trelowthas, at which, notwithstanding the unfavourable weather in the early part of the day, a large number of agriculturalists attended. The work was generally well done, and the award of the judges - Messrs. C. PARKS, J. HOTTEN, and Jos. LAWRY, which we expect to lay before our readers next week, gave satisfaction. Under the presidency of Mr. TRETHEWY, about 50 gentlemen dined at the Hawkins Arms Inn, where a good substantial dinner was provided. A number of loyal and agricultural toasts were drunk, and responded to by those present, and the day was spent in great harmony.

WRECK. The smack "Commerce," of St. Ives, John BENNETT, master, laden with salt, on her passage from Gloucester to Falmouth, on Tuesday se'nnight, in consequence of the wind falling away while off Porteinon Point, was driven by the swell among the breakers, where she became a total wreck. We regret to add, that the clothing of the crew and part of the materials were plundered by some unfeeling wretches who reside in that neighbourhood. The master feels much indebted to Mr. Silvaner BEVAN, Custom-house officer, and Capt Samuel GIBBS of Porteinon, for their kind exertions in saving the materials of the wreck. The "Commerce," which, we understand, was not insured, was the property of Mrs. Jane BENNETT, of St. Ives, and was the chief support of her family.

TRURO POLICE. On Saturday last, Wm. COLLINS, of St. Agnes, was charged with drunken and disorderly conduct in the streets, and was fined 5s, with costs. On Monday, Wm. ANDREW, of Kenwyn, was charged with assaulting James PENROSE, of Truro. The defendant was fined 10s. with costs, and in default of payment was committed to the house of correction for two months. On Wednesday, James MOYSE, of Truro, was charged with drunken and disorderly conduct in the streets, and was fined 5s. with costs.

FALMOUTH POLICE. On Thursday, the 24th ult., Henry WEBBER was charged by his master, Mr. GILBERT, ironmonger, of that town, with stealing from his shop till several pence. Mr. Gilbert had suspected the honesty of his servant for some time past, having lost from off his premises several articles, and had seen the prisoner frequently at his till, but he never detected him in actual theft. He more particularly observed last week that these pence were taken from his till, and on Monday night, the 21st, he marked several pennies, which were misled next morning. Upon this, he immediately had Webber apprehended, and upon searching him, coppers were found with the identical mark. Mr. Gilbert swore to the money and the prisoner was fully committed to take his trial at the next quarter sessions.

CORONERS' INQUESTS. On Tuesday last, an inquest was held, before J. CARLYON, Esq., coroner, at Lower St. Columb Porth, on the body of Thomas OSBORNE, a young man, 17 years of age, servant to Mrs. NICHOLLS of that place. From the evidence of Richard SOLOMON, it appeared that on Sunday last, witness and a young man called LAWRY, were on Trevelga cliff, when they saw the deceased walking on the beach below, and hailed him. He answered, "holloa!" and they thought he was coming up to them. The cliff was high, and it was a dangerous place to climb up from the beach; but there was a kind of a road there which people have gone up and down. They waited for him about half-an-hour, and as he did not come they went their way. In the course of the afternoon, another witness, called Francis PRAD, (FRAD?), was returning from the cliff, when he saw the body of deceased was ashore on the beach just off a place near there, called Water Gale(?). He procured assistance, and the body was shortly afterwards taken up, and lodged in Trebelzue account house. It did not appear how the deceased got into the water, but he was either attempting to climb the cliff, and fell in or he was trying to get round a rock, and was washed off by a wave. Verdict - Found drowned.

On the following day, an inquest was held before the same coroner, at Mylor, on the body of Samuel GODWIN, whose body was found floating the day before near the shore on the Feock side of Restronguet passage. The deceased and his father-in-law were proceeding in a small boat from Falmouth to Restronguet, on the 10th ultimo, when a sea broke over the boat, just off Penhallow point, which filled and sunk her, and deceased was drowned. An account of this accident appeared in our columns the following week. Verdict - Accidental death.

On the 24th ultimo, an inquest was held before W. HICHENS, Esq., coroner, in the parish of Sancreed, on the body of William Harvey JAMES, aged about four years and a half. It appeared that the father of the deceased, on the preceding day, was driving his cart to one of his fields, for the purpose of bringing home some potatoes, when the deceased asked to accompany him, and was accordingly lifted into the cart. On their arrival at the gate of the field, the father went to open it, and led the horse by the head for the purpose of leading it through, when the deceased went to the hind part of the cart, which in consequence of having lost the pin, which the father was quite sure was in its place when he started, overturned, and fell on the poor child, inflicting such injury on the back part of his head as occasioned his death about five minutes afterwards. It appeared that no blame is attributable to the father, and the jury therefore returned a verdict of Accidental death.

And on the 28th ult., Mr. HICHENS held another inquest in the parish of Breage, on the body of Rosica(?) KITTS, aged 3 years and 8 months, who caught her clothes on fire on the 25th in the absence of her mother, who had gone into one of the neighbours houses for some provisions for her family, and was away only about two or three minutes. The mother left in the house an elder child, between six and seven years old and two younger ones. The deceased was much burnt and survived the accident about twelve hours. Verdict - Accidental death.

An inquest was held on Friday last, by J. HAMLEY Esq., coroner, at the village of Helston by Camelford, on the body of John BASTARD, a labouring man, aged 35(?) years, living at a farm-house. On the preceding Wednesday, he had several fits, to which he was subject, and in the evening of that day, while his attendant was abrest for a short period, he got out of a back window. As soon as he was missed a search was made, but he was not discovered till next morning, when he was found a corpse, in a state of nudity, in a field on a neighbouring estate. Verdict, died in a fit. On Saturday last, W. J. GENN, Esq., held an inquest at the King's Arms, Falmouth, on the body of a seaman, named James WILKINSON, belonging to the transport "Boyne," with troops for the Mediterranean, which put into that port on Thursday last. It appeared that on the 23rd ult., when a little to the south of the Lizard, Wilkinson, in conjunction with a fellow seaman called STOREY, had gone aloft to rig a block for the purpose of hoisting some provisions out of the hold of the vessel for the use of the troops, in doing which he was thrown out of the rigging, by the pitching of the vessel, and in falling he laid hold of Storey, and they both came down together. Storey broke his arm, and Wilkinson fractured his skull. The deceased never spoke afterwards, but appeared to suffer great pain up to his death, which took place on Saturday morning. The jury returned a verdict of Accidental Death. Storey is in a fair way of recovery.

On Wednesday, an inquest was held before the same coroner, on the body of William ROWE, at Rawlings's Teetotal Hotel, Falmouth. Rowe had lately acted as ostler at this establishment, and on Tuesday evening, whilst sitting in his chair, he was suddenly seized with vomiting blood and notwithstanding Mr. CORNISH rendered immediate medical assistance, he died in a few seconds. Verdict - died by the visitation of God. A post mortem examination was afterwards held on the body, when it was found that the deceased had died from the rupture of a blood vessel in the left lobe of the lungs.

On Monday last, an inquest was held at Helston, before T. P. TYACKE, Esq., coroner for that borough, on the body of Jane RODDA, wife of John Rodda, Butcher. Deceased had attended the market on the previous Saturday, and while she was eating her dinner, a piece of meat stuck in her throat, which caused strangulation and, of course, immediate death. The jury returned a verdict accordingly.

THE FORTUNE OF WAR. In a letter dated Soork-ab September 7, addressed to the Bombay Times, we regret to find the following passage, relating, no doubt, to our gallant and much lamented townsman, Lieut, CARLYON:- We rode into the camp of the 2nd Division that morning as we passed it, close to the old cantonments at Gundamuck, and heard that in a ravine, a short distance in front, were found 16 skeletons, one of which had on a flannel waistcoat marked C.C. It is supposed to be Lieut. Carlyon, of the 37th, as he is known to have fallen near Gundamuck.

PENZANCE. John ROSCORLA, Esq., solicitor, has recently been appointed coroner for this town.

PENZANCE. We understand that Dr. Frederic EDMONDS, late of this town, has been appointed Examiner in Anatomy and Physiology in the University of Guanaxuato, in Medico. The students are examined in presence of the Council of State.

SCILLY. After contending for 12 months with the Postmaster-General, about a trifling sum, for the conveyance of the mail between the Islands and Penzance, the "Lionesse" has been employed for the service, and the sum at first demanded has been agreed to. It is expected some alteration will shortly take place in the day and hour of sailing.

The brig "Iberia," from London for Gibraltar and Barcelona, put in with damage; and whilst at anchor in St Mary's pool, on the 24th, during a heavy gale of wind, cut away her main mast. She is now discharging her bale goods, at St. Mary's pier, some of which are damaged. The brigantine "Hope," GUTHRIE, from Odessa, last from Cork, laden with wheat, came in on the 27th, leaky, cargo shifted and pumps choked, Must discharge. The "Eleanor" from Odessa, is also discharging wheat. "ONE GLASS MORE." - On Wednesday se'nnight, a jolly tar, belonging to the "Confiance," steamer, at present in Plymouth harbour, being desirous of taking unto himself a "better half," proceeded, with his affianced fair one, to the parish church of Antony, where, by appointment, he was met by the officiating Minister, and other personages necessary to the efficient observance of the marriage code. When the Rev. Minister arrived at that part of the service which prescribes the question "Wilt thou have this women to thy wedded wife?" Jack, with the greatest naivete, and to the evident disappointment of the lady who was so deeply interested in the response, replied, "Not till I've had another glass!" This ludicrous answer excited the risibility of those who were lookers-on; but, despite the lady's entreaties, and the importunities of the mutual friends, Jack could not be brought to "screw his courage" to the point, and the parties were dismissed, in order that the "one glass more" might bring the truant to his senses.

FACT FOR THE NATURALIST. A goose belonging to Mr. William DOWRICK, of Veryan, has this year hatched twenty-two goslings, and is now sitting a third time on twelve eggs.

COURT OF BANKRUPTCY FOR THE EXETER DISTRICT. At a meeting of this court, held at Exeter, on the 24th ult., before Mr. Sergeant GOULBURN, judge of the court, Mr. G. W. TURNER, as agent for Messrs. GRYLLS and HILL, of Helstone, applied for the issue of peremptory summonses to Mr. Wm. DAVEY, of Redruth, solicitor, the assignee, and Mr. Robert RIMELL, of Falmouth, solicitor to the fiat in bankruptcy awarded and issued forth against Charles SCOTT, of Constantine, in the county of Cornwall, scrivener, dealer, and chapman, - calling on them forthwith to bring into the Court of Bankruptcy at Exeter, the said fiat, together with all papers and proceedings touching the said bankruptcy. His reason for doing this was that the Commissioners to whom the fiat in that case was originally directed, intended to meet again on the 2nd of December. The Judge- They can't - their powers have ceased. The Just continued:- Mr. Registrar, be so good as to write these gentlemen a letter pointing their attention to that part of the act in which it is directed that the powers of persona of this description shall cease, as they may have some idea, that because their past acts are valid, - as certainly they are, - they may still go on. Mr. TURNER said, it was understood that at this announced meeting on the 2nd of December, an assignment of property was intended to be made by the assignee, with their consent over to a trustee for the benefit of the bankrupt's wife. The summons requested by Mr. Turner, were directed forthwith to issue, and the day stated as having been fixed on for the meeting in Cornwall, was named by the Judge, as that on which the fiat, papers, &c. shall be presented to the Court here; namely, on Friday, the 2nd of December.


9 DECEMBER 1842, Friday


REFUSAL OF A CHURCH-RATE. On Monday, the 21st ult., a meeting for the purpose of imposing a church-rate, was held at St. Columb, and was very fully attended - the rector, Mr. WALKER, in the chair. Mr. COLLINS, the churchwarden, moved that a rate of one penny in the pound be assessed on the ratepayers for the repairs of the church, and no one seconding the proposition, Mr. TABB was applied to to do it. He, however, declined, and added that he had attended the church for 20 years, but he had now given it up, and attended Mr. OKE's meeting. Mr. Collins's proposition then fell to the ground for want of a seconder.

RARA AVIS. A woodcock, having both its wings beautifully white, was shot on Friday last, near Woodberry by Dr. Carlyon, who has presented it to the Royal Institution of Cornwall.

ST. AUSTELL PETTY SESSIONS. At these sessions, held on Tuesday last, John BENNETS jun. butcher, of St. Mewan, was charged by Mr. YELLAND, butcher, with stealing from his market stand, on Friday last, a piece of pork, and was committed to take his trial for the offence at the next Quarter Sessions. Bail was afterwards taken for his appearance. A young man named Charles BONE, was charged with throwing down some of the coping of the wall on western road leading out of the town, and was fined GBP1. In default of payment he was committed for one month to hard labour.

DARING OUTRAGE. As Thomas HARRIS's van was returning to Redruth from Helston on Saturday night last, several young men of the former place wished to get into the van about three or four miles from the town. The van being already full, they were necessarily refused admittance, upon which they immediately began to annoy the passengers by firing off the guns with which they were armed, close to the van. At length, when it became necessary for some of the passengers to alight for the purpose of relieving the horse, the party came on and discharged the guns among them. One of the passengers, Capt. TREBILCOCK, of St. Day, was wounded in the face so much that his sight was, for some time, considered in danger. We have received the names of the parties charged with the assault, but as the magistrates at the Camborne Petty Sessions did not go into the case on Tuesday, we shall reserve their publication for a future day.

PUBLIC IMPOSTORS - Last week, St Austell was visited by two men, who represented themselves to be members of a committee for collecting money in aid of the distressed cloth weavers. Their plan was to leave printed papers at each house, and afterwards to call for them and solicit money. These papers bore the signature of Messrs. G. W. B. & G. SHEPPARD, of Frome which being given incorrectly as G. W. & B. SHEPHERD, excited the suspicion of Mr. VERCOE, draper, who charged the men with imposture, and sent for a constable; upon which the scoundrels ran off, leaving some of their papers behind them, one of which was sent to the Messrs. Sheppard, who have addressed to us the following letter as the best way of putting an end to this flagrant imposition:- "To the Editor of the West Briton, - Frome, Dec. 3, 1842. Sir, A copy of an address having been sent to us from St. Austell purporting to be signed by several clergymen and gentlemen of Somersetshire and Wiltshire, giving a deplorable account of the state of the operatives in the town of Frome, where between 2,000 and 3,000 are represented as having been discharged by their employers, owing to the badness of trade, and the introduction of power loom weaving, and 1700 men, women, and children, are said to be in the union workhouse, - and our names being attached to the document vouching for the accuracy of the statement, we think it right thus publicly to give notice, that the whole is a gross fabrication from beginning to end. There are not now, nor ever have been one fifth of the number mentioned in the union workhouse. There are no power looms in the town or neighbourhood; and although the woollen trade is much depressed, and the operatives in many cases have had only partial work, very few hands have been turned off by their employers. Your obedient servants, G. W. B. & G. Sheppard.

FATAL ACCIDENT. On Wednesday se'nnight, as Mr. Thomas CONGDON, superannuated coast-guard officer, 53 years of age, was in the act of repairing the roof of his mother's house, at Fowey, the ladder on which he was standing slipped, and he fell to the street, a height of about 22 feet, and received a concussion of the brain which caused his death within two hours after the accident. The deceased was remarkably steady, and very much respected. Verdict of the Coroner's jury, accidental death.

CORONER'S INQUESTS. On Tuesday last, an inquest was held at Gwennap, before J. CARLYON, Esq., coroner, on the body of John WILLIAMS, a miner, 20 years of age, who was killed the day before at Wheal Jewel mine, in that parish. It appeared that he had just finished his day's work, and was in the act of looking down the engine shaft to see if there was a light below, when a stone or a piece of timber fell down the shaft, struck him on the head, and knocked him from the 60 to the 110 fathom level. Verdict - Accidental death.

On the following day, an inquest was held at St. Just, before the same coroner, on the body of Eliza DART, a young woman 18 years of age, who after having made a hearty supper, retired to bed on Monday night, apparently in a perfect state of health, and in less than two hours afterwards was a corpse. The jury, after hearing the evidence of Mr. BOYNE, surgeon, returned a verdict of - Visitation of God.

On Thursday evening, the 1st instant, an inquest was held before J. GENN, Esq., on board of H.M. ship "Astraea," Falmouth, on the body of David Macdonald, who a week or two ago came home in the "Crane" packet, invalided from the South American States. On his arrival, he was transferred to the "Swail" lighter, and was last seen alive the evening previous to the inquest. That night the Quarter-master of the "Astraea," whilst on duty, fancied he heard a splashing in the water as if a man was overboard, and immediately hailed the crew of the "Swail" to look to its cause, as the sound proceeded from that direction. They immediately replied there was no one overboard, but the Quarter-master hearing the sound again, hailed them to make further search. The crew of the "Swail" then discovered that the deceased was overboard, and sent a man in a boat to his rescue. In rowing towards him, the boat had too much way, and as his shipmate laid hold of the hair of his head, it slipped through his fingers and the poor fellow, after uttering a groan, went down. No evidence was adduced to show how he got overboard, nor could it be conjectured. The coroner and jury condemned in strong terms the indifference manifested by the crew of the "Swail" to the first alarm given by the Quarter-master of the "Astraea." A verdict of found drowned was recorded.

ANOTHER CHILD BURNT. On Tuesday last, at Redruth, a woman of the name of TERRIL, having left her house to fetch some milk from a neighbouring dairy, her little boy, about two years of age, caught his pinafore on fire, and was instantly enveloped in flames. The unfortunate mother had not been absent more than three or four minutes, but was unable to extinguish the flames until the child had been so frightfully burnt that it died within two hours of the accident.

FATAL ACCIDENT AT CARN BREA MINES. We have very great pain in having to announce the occurrences of an accident at these mines, attended with loss of life to one of the miners, and very serious bodily injuries to a great many others; besides a destruction of property variously estimated at from eight hundred to a thousand pounds, the principal part of which loss will fall, as we understand, upon the labouring men. There was a large shed on the mine, in which the men changed their clothes previous to going under ground, and again when they left work. The apartment was about 150 feet long, and 12 feet wide, within the walls; but as there was a row of lockers, or cupboards, on each side, of about 2 feet in depth, the shed was narrowed to 8 feet; and this space was still farther lessened, by large iron pipes carried along the ......? for the purpose of warming the place by means of steam. There were nearly 400 of these cupboards, in which the miners locked up their wearing apparel, tools, candles and powder. In consequence of the men having been frequently robbed, there was no means left of getting in or out of the place but through a narrow door, at the side, and within five or six feet of the end. At six o'clock on Wednesday morning, about forty or fifty men were in the place, preparing for going under ground; when, as a young man of the name of John WATERS, whose locker was very near the door, was pouring out gunpowder from a quarter of a hundred cask into a small canister which he was to carry underground, .. .. ..tle(?) which he had stuck upon the iron pipe ab.. .. ..(?) .. .. ..(?), or dropped a spark upon the powder, and produced a stri(?)e explosion. Water appears to have been shattered so much, that when his remains were collected, it was only from the certainty that no other person was missing that they could be known to be his. His father, who had been standing near him, was also so much injured by the explosion, that it was doubtful if he would live to reach his home in Crowan Church-town, where he was immediately removed.

The explosion appears to have set the lockers, up both sides of the house, instantly in a blaze; and as there was distributed among them upwards of 10cwt, of gunpowder, and a very large quantity of candles, the flames spread rapidly, occasioning a constant succession of explosions, which might be seen for several miles around. As the fire originated near the door, it may easily be perceived that the situation of all the men in the house was imminently precarious; and several in endeavouring to escape by the door, were terribly mutilated, and we understand that three or four of the sufferers are in a very dangerous situation. Nine men, besides those we have named, were seriously injured, and several others slightly so. At length, when the heat, and smoke had become almost suffocating, openings were forced in the wall and roof, at the inner end of the building, and the remainder of the men escaped. The names of the nine sufferers are HARVEY, William HOCKIN, John COCK, Thomas COCK, Samuel MARTEN and son, Thomas and John NICHOLLS, brothers, and Thomas MICHELL. Messrs. E. and R. LANYON, of Camborne, and J. RICHARDS of Redruth, surgeons, attended on the sufferers, and dressed their wounds, after which they were carefully removed. The loss of property to the men has been very serious. Some who were underground have had their wearing apparel destroyed, and hundreds more the flannel dresses which they wear at their work. About 400 men have in this way sustained an average lost of GBP1 per man; besides the tools and materials, for which also they are responsible. The loss to the adventurers consequent on the destruction of the buildings, and the suspension of labour which has occurred and must still, in some parts of the mine, continue, may be roughly judged at nearly as much more. Many of the poor men, for want of clothes, or the money to purchase them, will be unable for some time to pursue their labor, and we shall rejoice to hear that a subscription has been entered into for their relief.


16 DECEMBER 1842, Friday


CHRISTMAS BALL. Green Bank Hotel, Falmouth. A Ball and Supper will take place at the above Hotel, on Wednesday the 21st December instant. Stewards - Capt. ELLICE, R.N., E. HULL, Esq., Capt. FITZGERALD, John KINSMAN, Esq., Lieut. PORTER, 67th Regt. Gentlemen's Tickets 7s. 6d. Ladies ditto 5s.

THE CORN LAWS AND THE TARIFF. The Reverend Frederick WEBBER, of Eglos-Merther, near Truro, holds an estate of land in the parish of Broadwoodwidger, called Upcott Barton, rented by Mr. Arthur FACEY. The Rev. Gentleman told Mr. Facey, this week that he should reduce 15 per cent. on the rent of his farm, from the commencement of his term, in 1841. We insert this paragraph at the request of the Tenant.

THE LATE DREADFUL ACCIDENT AT CARN BRAE MINES. We are sorry to hear that of the men injured in the changing house, which, as we reported last week, was burnt down on Wednesday week, besides the young man WATERS, who was killed on the spot, seven have since died of the injuries they received, viz., WATERS, (the father of the young man with whom the accident originated), HARVEY, COCK, HOCKIN, MARTIN, NICHOLLS, AND ROGERS. We understand that collections will be made on Sunday, in most of the churches and chapels of the neighbourhood in aid of the sufferers - especially, we trust, of the widows and orphans; and we hope that so timely an appeal to the Christian charity of the public will be heartily responded to.

CORONER'S INQUESTS. The following inquests have lately been held before W. HICHENS, Esq., coroner:- On the 30th ult., in the parish of St. Erth, on the body of Benjamin TIPPETT, aged 34 years, who whilst at his labour at Wheal Mary, in the parish of Uny Lelant, at the 70 fathoms level, was in the act of ascending therefrom, when he slipped his foot, but saved himself from falling by seizing hold of one of the spreaders with one hand, by which he received some internal injury, of which he died on the 28th. Verdict, Accidental death.

On the same day, in the parish of Ludgvan, on the body of Thomas INCH, aged 3 years and 8 months, who caught his clothes on fire, on the 21st. The deceased lived till the 28th. Verdict, Accidental death.

On the 1st instant, in the parish of Illogan, on the body of John Willoughby, aged 66 years, who was found dead in his bed by his daughter, on the 19th ult. Verdict, Visitation of God.

On the 2nd instant, in the parish of Breage, on the body of Walter SYMONS, aged 49 years, who died suddenly on the 29th ult. Verdict, Visitation of God.
On the 3rd instant, in the parish of Camborne, on the body of Richard THOMAS, the younger, aged 23 years, who whilst at his labour at Carnbrea mines, met with his death by means of a large rock falling on him, which killed him on the spot. Verdict, Accidental death.

On the same day, in the parish of Crowan, on the body of Thomas DUNSTAN, aged 54 years, who, on the 1st instant, accidentally fell into one of the shafts in Wheal Lovell mine, in the said parish whereby he received such injuries on his head as occasioned immediate death. Verdict, Accidental death.

On the 5th instant, in the parish of Uny Lelant, on the body of Vincent UREN, aged two months, who on the morning of that day was found dead in bed by the side of his mother. Verdict, Visitation of God.

On the 7th instant, at St. Keverne on the body of an old man named John ALLEN. The deceased was found lifeless, suspended by a piece of rope to one of the principals of the roof of his dwelling-house, in the Church-town, on the morning of the 5th, and there was no evidence of his having been seen alive after late on the preceding Saturday night. The house in which he dwelt was his own, but he was otherwise very poor, being dependant for his livelihood upon the few pence he occasionally picked up by lodging vagrants and trampers; but it did not appear that he could have been in want. No reason could be assigned for his committing so rash an act, and he has not at any time shown any symptoms of derangement; but as there was no evidence of the commission of the offence by himself, though there would seemingly be no doubt of it, and the finding a verdict of felo de se would incur a forfeiture of his little property to the crown, and also occasion the body to be interred without the funeral rites, the jury returned an open Verdict of, Found hanged.

On the following day, at Illogan, on the bodies of John WATERS, jun., of Crowan, and John COCK, of Illogan, two of the poor men who met with their deaths by the explosion at Carnbrea mines, of which we gave an account in our paper of last week; and Mr. Hichens has since held inquests on five others who were burnt upon that occasion. Verdict on all, Accidental death.

On the 12th instant, at Illogan, on the body of Mary NANCARROW, aged 78 years. The deceased was a midwife, and was going to a neighbour's house on the morning of the 10th, in the course of her avocation, in company with a person who had come to fetch her, when she fell senseless on the road, and expired almost immediately. Verdict, Natural death.

On the 13th, at Phillack, on the body of William GILBART, who met his death by an injury received in the course of felling a tree. Verdict accordingly.

CHRIST CHURCH COLLEGE, OXFORD. It gives us pleasure to observe, that in taking his degree at Oxford, Mr. T. T. S. CARLYON, (the eldest son of Colonel Carlyon, of Tregrehan,) has been presented with an honorary class. This mark of distinction must be the more gratifying as it seems to have been unsought, Mr. Carlyon having gone in only for the common degree.

IMPORTANT DECISION. The Poor Law Commissioners have decided that the destitute poor are entitled to relief in the parish in which they are found destitute, and that the question as to where they slept on the previous night is altogether immaterial. This decision was come to in the case of the poor orphan boys, named BASTINGS, who were refused relief on frivolous pretences by the parishes of St. Margaret and St. John, Westminster.

RELEASE FROM PRISON. George HOBBS, late gunner of the "Pigeon" packet, who was sentenced to death by a Court Martial, held at Devonport, for striking his superior officer, was last week discharged from the Penitentiary, Millbank, the term of imprisonment to which his sentence was commuted having expired.

FALMOUTH POLICE. Caution to Sailors. On Saturday last, Richard PEARCE, seaman, was committed to the town gaol for 30 days, for having deserted the brig "Whim," Capt. EGGET, after signing articles of agreement. Pearce could assign no satisfactory reason for his conduct, and in addition to imprisonment, the magistrates directed that he should be kept to hard labour. Two more men have since deserted the "Whim," and it is supposed they took the ship's boat with them, as she has been missing ever since they left the vessel.

VAGRANCY. On Monday evening last, a man who gave his name as James BENNETT, and stated that he was an indigent seaman, was apprehended for begging at the houses on Dunstanville-terrace, Falmouth, and next day was examined before J. S. ENYS, Esq. Several gentlemen came forward and proved the case of vagrancy against him, and the magistrates committed him to the county goal for a week. He forgot his nautical profession when before Mr. Enys, and said he was a mason's labourer.

FATAL ACCIDENT. On Wednesday se'nnight, as Mr. Wm. GILBERT, carpenter, was cutting down a tree, at Nanposka(?), the estate of Mr. Rosewarne, it fell sooner than was anticipated, and a large bough struck him on the knee, which so badly fractured the bones, that the surgeons who attended recommended amputation, to which he refused to consent till too late. He lingered till Monday, when death ended his sufferings.

NOTICE TO CREDITORS. All Persons having any claim on Richard or Mary ENDEAN, Shopkeepers, of St. Blazey, are hereby informed, that their accounts must be sent to my office, on or before the 25th instant, in order that a dividend on the property may be declared and paid. T. DREW, Auctioneer and Accountant. This will be advertised but once. Dated, St. Austell, 14th December, 1842.


23 DECEMBER 1842, Friday


LAUNCH. On Friday last, a fine schooner, called the "Windsworth," burden 180 tons new measure, was launched from the building yard of Mr. SHAPCOTT, at Looe, in the presence of a large crowd of spectators. The vessel which is to be commanded by Capt. Jonah WALTERS, is highly creditable, both for model and workmanship, to the builder, and, we understand, gives great satisfaction to the owners.

QUICK PASSAGE. On Tuesday last, the "Brilliant" steamer, accomplished the passage from St. Ives to Bristol in 14 hours and two minutes - the shortest passage which has hitherto been made by any vessel.

A HINT. In compliance with two numerously signed requisitions, the Mayor of Exeter has issued a notice in which he "begs to recommend to the merchants, manufacturers, traders, and shopkeepers of that city, to keep Monday next, the 26th instant, as the Christmas Holiday, and to allow their apprentices, servants and dependants the opportunity of relaxation and enjoying themselves, that day, with their friends." It is believe that this notice will be readily complied with, and, on the day mentioned, all business suspended.

BRITISH AND FOREIGN SCHOOLS. On Wednesday last, the annual meeting of the Falmouth British and Foreign schools, was held in the school-room, when the examination of the boys, which was highly satisfactory, was conducted by the master, (Mr. COOMS,) and Lovell SQUIRE, Esq. There are now 220 boys in the school, being an increase of 150 during the past year.

TYWARDREATH USEFUL KNOWLEDGE SOCIETY. On Friday evening last, Mr. Wm. HEWETT, of Fowey, delivered to the members of this society, and their friends, an admirable lecture, on the "History of Cornwall." The lecturer commenced by tracing the etymology of the word Cornwall, and demonstrated that its present name is derived from Cornuwallia. He then proceeded to give a description of the Druidical remains in this country, and the games peculiar to the Cornish, such as hurling and wrestling, the Logan-rocks, the purposes to which it is supposed the Druids applied the Rock-basons, &c., &c. He next gave a long account of Mining, and the manners and customs of the miners, and observed that at present they were not excelled either in good conduct, or charitable feelings, by any class of labouring people in England. The lecture was listened to throughout with the most respectful attention, and a vote of thanks, at the close, was proposed to the lecturer, by Mr. W. HODGE, seconded by Mr. PEARCE, and carried amidst warm cheering. The next intended lecture, "on the study of history," will be delivered to this society by Mr. W. K. NORWAY, on Friday, the 13th of January next.

FALMOUTH POLICE. On Thursday, the 15th instant, two soldiers of the detachment at Pendennis Castle, were brought before James CORNISH, and John HILL, Esqrs. Two of the magistrates of Falmouth, charged with a riot on the previous night. The policeman stated that the prisoners, DUCK, and DALBY, struck him repeatedly with sticks and cut his head, but that with assistance, he got them to prison. They were fined �1 each and expenses, and in default of payment were sentenced to a fortnight's hard labour.

On Saturday last, a man who gave his name as William BOWDEN, was committed to take his trial at the next Quarter Sessions for Falmouth, for stealing a watch from Mr. J. DOWNING, draper. The circumstances of the case are briefly these:- Bowden, for some time past, has been going about the country with a brief, soliciting pecuniary assistance to enable his mother to replace several cows which, he alleged, she had lost by an epidemic disease, in the parish of Kenwyn. To this document were appended the names of the Rev. G. CORNISH, Vicar of Kenwyn, Rev. W. W. HARVEY, Capt. WIGHTMAN, BAYNARD and Sons, and several other influential persons of and in the neighbourhood of Truro, for various sums, and �10. 4s. 6d. from the inhabitants of that parish. It is almost needless to observe that the whole matter was a pure fabrication and a complete fraud. He managed, however, to get relief from several gentlemen and ladies of Falmouth, and all went on smoothly until he unfortunately called at the shop of Mr. J. DOWNING, draper, on last Friday evening. Mr. Downing, after perusing the document, desired Bowden to leave it and call again next day. To this he d........ed? and finding Mr. Downing determined to retain his brief, he laid hold of him by the throat, and endeavoured to wrest off his neck the gold guard of his watch. They struggled for some minutes, when 4 gentlemen interfered and rescued Mr. Downing. Bowden was then about to make off, but the same gentleman perceiving something glistening in his hand, took hold of him, and found it to be Mr. Downing's gold watch. He was immediately given into custody, and behaved very quietly until within a few paces of the prison, when he made a desperate but fruitless effort to get away. Before the magistrates he stated himself to be one of Bristol, and that his mock brief was concocted at Penryn. We understand that there locates in that town a gang of fellows whose sole business is to devise plans to entrap the public. The names appended to Bowden's brief must have been written by some one conversant with the signatures of the parties, as they were complete facsimiles of their hand writing, and calculated to deceive the most wary. We hope the exposure of this piece of fraud will put the public upon their guard before they relieve persons making similar appeals to their benevolence.

HELSTON PETTY SESSIONS - On Saturday last, Josiah MARTIN, and Nicholas JOHNS, appeared before John SILVESTER and Glynn GRYLLS, Esqrs., to answer a charge of assaulting John PENALUNA, of the parish of St. Erth, on the 3rd instant. The charge having been fully proved against Martin only, he was fined 40s. and costs, and in default was committed to the borough prison for a month.

CAUTION TO INNKEEPERS. At a meeting of magistrates, on Monday last, at Porcupine, three persons, with an innkeeper, were summoned, at the instance of the Rev. C. E. HOSKEN, of St. Blazey, for being tipsy on Sunday last, Two of the men allowed that they were a little so, and were each fined, with costs, 7s. 6d., or to sit six hours in the stocks. The innkeeper said the men had but one quart of beer in his house; but he was admonished by the bench for drawing anything for men who were at the time tipsy, and find �5. At the request of the Rev. Gentleman, however, who had never heard anything before improper in his conduct, the fine was mitigated to 20s. Several persons were summoned by overseers for non-payment of poor-rates, and they were ordered to pay, or have distresses issued against them.

ACCIDENT. On Friday morning last, as two men, named BOND and AVERY, were engaged in taking out the mast of the brig "Ann and Richard," now lying in Falmouth pier, they fell from the topmast to the deck. Avery sustained no injury, but Bond, upon whom he fell, is seriously hurt.

ATTEMPTED SUICIDE - On Thursday, the 15th instant, Frederick BEST, groom to the Rev. Canon ROGERS, attempted to commit suicide by cutting his throat with a razor, and afterwards to drown himself in the ....? Pond, Helston. Fortunately, some workmen were near the spot at the time, or no doubt the poor fellow would have lost his life.

EXTRAORDINARY PRODUCE - Mr. W. NICHOLLS, of St. Clement-street, Truro, has recently grown from eight potatoes, of the blue kidney kind, no less than three pecks. The potatoes were brought from Mexico.

ST. IVES - On Friday last, the "Kate," of this port sailed hence with a cargo of 540 hhds., of pilchards; and on Monday, the 19th, the "Dusty Miller," of Limerick, sailed with 600 hhds. FOR THE Mediterranean.

FOWEY - The Salmon fishery is still going on prosperously here. On Monday, the sean of Mr. O. LANG, took 44, and on Tuesday, 29. Price 3d. per lb.

SHERIFF'S COURT - GENGE and Another v. TREGELLAS - This was an action tried on Tuesday last, at the Town-hall, Truro, before George SIMMONS, Esq., who sat for the Under Sheriff, and was brought by Messrs. GENGE and LOVIBOND, of East Chinnock, Somersetshire, against Mr. I. T. Tregellas, a merchant of Truro, to recover �11. 10s. 3d., the value of four bolts of canvas, assigned to defendant for sale on commission, and which had become damaged while in his possession. Mr. ROGERS appeared for the plaintiffs, and Mr. HOCKIN (for Mr. BRAITHWAITE) conducted the defence. Mr. W. ANDREW, who was formerly in the service of the defendant as clerk, but now in the employ of the plaintiff, proved the case. He said that in November, 1840, the four bolts of canvass were standing on the floor of defendant's store and sustained damage by the breaking in of the tide, which rose to a great height before day light, on the 12th of that month, and overflowed the quay and the neighbouring cellars. The witness also stated that there was a rack in the same store, which was filled with defendants own canvass, while that of the plaintiffs was piled upon the ground. Some letters from defendant to plaintiffs were then put in and read, in one of which, dated a few months after the tide, the defendant informed the plaintiffs that "four bolts of their canvass had taken mildew." On the part of the defendant, a number of witnesses were called for the purpose of showing that defendant had always taken due and proper care of the goods in question, and that they were injured under circumstances which he could neither foresee nor control. One of them, called John TRUSCOTT, directly contradicted the evidence of the witness Andrew, for he (Truscott) proved that at the time of the high tide, the canvass wetted was not standing upon the floor of the stores, but upon a frame or rack made for the purpose, and raised 13 inches from the basement. This witness went on to say that there were two shelves to the frame - that the lower shelf contained besides the four bolts of plaintiff's canvass, three times that quantity belonging to another firm, and also six bolts of the defendant's own, while the top shelf was filled with plaintiffs' canvass only - that as soon as he was up in the morning, he removed the four bolts of canvass, with the others from the lower shelf of the rack, into the defendant's parlour - that he made a large fire and proceeded to dry them, afterwards took them to the Seawet-water Company to be cleaned, and that the defendant had spared no expense to efface the injury they had received. Mr. H. C. MILFORD was then examined. He stated that he had been in the canvass trade upwards of 20 years, and had inspected the four bolts of canvass - that he had no hesitation in saying that the mildew (referred to in defendant's letter) would have taken it if the salt water had not touched it, - and this he attributed to the bad manufacture and inferior quality of the article. Witness knew defendant's stores, and believed them to be free from damp. Mr. WHITLEY, land surveyor, was next called, and he proved that he had taken measurement and found that the floor of defendant's stores was about level with the quay - that the floor was three feet nine inches above the ordinary spring tides - that the lower shelf of the frame on which the four bolts of canvass stood, was 13 inches above the floor, and that the stores of the Truro Shipping Company was seven inches, and the kitchen of the Exeter inn, eight inches lower than the stores of defendant. Other witnesses deposed to the unusual and extraordinary height of the tide, on the 12th November, 1840. One of them, Wm. MENHENNET, said that he had been a pilot more than 40 years, and that he had never known it to rise so high but once or twice before during all that period. The learned gentleman who presided summed up the conflicting evidence in a clear and perspicuous manner, and the jury, after deliberating half an hour, returned a verdict for the plaintiffs, damages �10.


30 DECEMBER 1842, Friday


LAUNCESTON CHRISTMAS MARKET. The show of meat at the Launceston Christmas market was, if possible, more excellent than on any former occasion. The bullock fed by F. RODD, Esq., and killed by Mr. BARTLETT, did great credit to both feeder and butcher. An excellent bullock was also killed by Mr. SPENCER, fed by J. DOIDGE, Esq., but among so much excellence it is almost invidious to particularise.

SOCIETY FOR THE PROMOTION OF MENTAL CULTURE. On Thursday evening, the 22nd instant, an address was delivered at the Wesleyan Association chapel, Ashton, in the parish of Breage, on the utility of reading and reading societies, by Samuel JAMES, Esq., of St. Keverne, preparatory to the formation of a society for the promotion of mental culture in that populous village. A long report of the address, which displayed great ability, has been kindly sent to us, but we cannot afford space for its insertion. At the close of the lecture, upwards of twenty persons enrolled their names as members.

COURT OF CHANCERY. Dec. 21. This was an appeal from an order of the Vice Chancellor of England directing the conditional committal of three Cornish miners of the parish of Wendron. It appeared that they had acted under the authority of Capt. CREASE, R.N., who claimed a right, as lessee of the Duchy, to mine and stream for tin on the premises where the men committed the alleged trespass. Mr. BETHELL and Mr. ROLF supported the appeal, and shewed that the supposed trespass was merely the assertion of the right. Mr. WAKEFIELD took part in the discussion on the same side. Mr. KOE and Mr. ROMILLY appeared for the Receiver, appointed by the Court, who had interfered to protect the property during a tenancy for a life and a minority. The Lord Chancellor said it was quite clear that the order for committal must be discharged. It was perfectly plain that the workmen acted under the direction of Capt. Crease, and that he was merely asserting a right. The order was then discharged on an undertaking to bring an action against the Captain, - his Counsel undertaking to recognise the acts of the workmen as his own. We understand that the Chancellor has ordered the action to be brought in Mrs. HARTLEY's own name, and has also limited the time for bringing such action to the 11th of January next.

MASONIC FESTIVAL. On Tuesday last, being the anniversary of St. John the Evangelist, the brethren of the One and All Lodge met at the new rooms, lately built by Brother GATTY, at Bodmin, which were splendidly decorated with Masonic emblems. The lodge was opened in due form, and with solemn prayer, but the procession to church was unavoidably postponed. When the business was concluded, the brethren sat down to an elegant dinner, which was provided in the usual style of the worthy host; and after the withdrawal of the cloth, the worshipful master, in a neat speech, gave the following toasts:- The Queen - his Royal Highness the Duke of Sussex - Sir William MOLESWORTH, Master of the Lodge, the Deputy Provincial Grand Master of the province, V. ROBINSON, Esq. - The Rev. W. GRYLLS, P. G. C. - and the prosperity of the various lodges of the province, and all others of the world. Several excellent songs were sung, which were truly national and Masonic, by Brothers FRENCH, LYNE, KNAPP, ARTHUR, WHITE, AND GATTY; the evening was spent with great conviviality, and the brethren separated at an early hour in harmony and brotherly love.

LISKEARD INSTITUTION. On Tuesday se'nnight, the Rev. W. MOORE, of Truro, gave an interesting lecture on Druidism. After noticing the foreign sources whence the knowledge of the Druids has been derived, the lecturer spoke of their settlement in Britain and Gaul, their various orders, learning, religion, influence, revenues, decline and extinction, and referred to several Druidical remains which are known to exist in Cornwall, of which some drawings were exhibited. Before the meeting broke up, the thanks of the society were unanimously voted to the Rev. lecturer, which he suitably acknowledged.

SEASONABLE BENEVOLENCE. On Monday, in last week, the Rev. F. WEBBER of Eglos-Merther, gave the poor of that parish, and of St. Michael Penkivel(?), an excellent dinner, after which he distributed amongst them a quantity of clothes, blankets, and other necessities. We understand that G. W. WEBBER, Esq., of Hexworthy, in the parish of Lawhitton, with the most considerate kindness to the wants of poor, caused to be distributed on Saturday last, a considerable quantity of beef, together with 20 faggots of wood, to every poor family residing in his parish. It is with much pleasure that we notice this act of generosity of a worthy country gentleman, hoping that so good a measure will induce a more general consideration for the needy in many unknown to such shining deeds, though possessing the means whereby to succour the penurious.

ST. GORAN PENNY CLOTHING CLUB. The annual distribution of the clothing of this excellent institution took place on St. Thomas's day, in the school-room, at the church-town, which was again kindly lent for the occasion by the Rev. D. JENKINS, when 96 penny subscribers received clothing to the amount of 9s. 2d. each. In order that every advantage should be given to the poor, three different drapers attended with their goods, so that there might be plenty to choose from, and from competition, benefit both in price and quality were the consequence. Several of the lady subscribers were present to prevent any useless things being purchased, such being strictly forbidden, and if more of this kind attention prevailed, much good might be done, as well as kinder feelings engendered between the rich and poor. We trust that the time is not far distant when such things will be.

LOSS OF THE BARQUE "PERO," OF PENZANCE. This vessel, on her passage from Miramickl to Penzance, timber laden, having reached lat. 44. N., long. 30. W., encountered a tremendous gale of wind, with a very heavy sea, and was obliged to lie too, the ship labouring very much. She ultimately sprung a leak, and made so much water that both pumps continually going could not keep it under. Soon she became water logged, and on the 6th December, to the great joy of the crew, a sail hove in sight, which bore down to them and proved to be the "William and Mary," of Colchester, Capt. SCOTT, who kindly took them on board his vessel, thereby preserving the poor fellows from a watery grave. Capt. Scott behaved in the most kind manner to the crew on the homeward voyage, and landed them safely at Brixham in the course of last week, whence they reached Penzance on Saturday last. The "Pero," which belonged to several gentlemen of Penzance, was insured.

SURGERY. The very difficult operation for strangulated hernia has been recently performed in the case of Joseph CHAPMAN, of Egloshayle, by Messrs MUDGE of Bodmin, and TICKELL, of Wadebridge, with most complete success. The patient is just now recovered, and owes his life to the prompt decision and skilful treatment of his medical attendants. The case, we hear, presented some points of more than ordinary interest to the operative surgeon.

CAUTION TO UNION CONTRACTORS. At the Wa�.way(?) Petty Sessions, held on Tuesday last, Mr. Thomas SOLOMON, of Camelford, was fined in the mitigated penalty of ten shillings and sixpences, for using a deficient weight in supplying the poor of that Union with flour.

MINE ACCIDENTS. On Friday, the 16th instant, as Captain Thomas TREWEEKE(?) was going through one of the levels, in Boscaswell Downs mine, for the purpose of inspecting the several pitches, in walking over a winze(?) on a board, it turned, and he fell a depth of seven fathoms, by which he was so much injured, that it was nine hours before he could be got to the surface. He is, however, said to be doing well.

On Monday, the 19th instant, as two men, named Edward LAWREY, and Thomas ROBERTS, were at work in Wheal Spearn mine, while in the act of charging a hole for blasting, the charge exploded, and about two pounds of powder which they had in a tin can, which so injured the poor man, that great fears were entertained for the life of Roberts; but he is now said to be out of danger. Lawrey escaped with less injury.

DISTRESSING EVENT. On Saturday evening last, Mr. William IVEY, late of the Globe Inn, Fowey, hung himself in an upper room at Plymouth, and was not discovered till he was quite dead. The deceased has left a widow and seven children to lament his untimely end.

FATAL MAIL COACH ACCIDENT. On Monday last the Plymouth mail, returning to Launceston, came in contact with a cart, about three miles from Tavistock, and threw off the coachman with so much force that he survived only till Wednesday.

FATAL ACCIDENT TO A WAGGONER. As Mr. SCOTT's wagons, on Tuesday night last, were returning from Plymouth to Launceston, one of the waggoners, named HOCKEN, fell from the shaft on which he was riding, and the wheel passing over his head killed him on the spot.

FATAL ACCIDENT. On Saturday last, an old man at St. Austell, named Walter MAYNORD, aged 82 years, fell from the seat in his kitchen, as we supposed in a fit, by which he dislocated and broke his thigh. The fracture was so high up that it could not be reduced, and the poor fellow lingered until Sunday evening, when death put an end to his sufferings.

THE CHURCH
In the list of gentlemen admitted into holy orders, at the ordination held at St. James's Church, Piccadilly, on Sunday, the 18th instant, by the Bishop of London, we perceive the name of Mr. John Herbert READ, of St. John's College, Cambridge, and late master of the Bodmin Classical and Mathematical School, in this county. We understand that Mr. Read has been appointed one of the chaplains to her Majesty's colonies in North America.

The Bishop of Exeter has presented the Rev. J. W. JOHNS, curate of Falmouth, to a Rectory in Devonshire.

CORONERS' INQUESTS. On the 21st instant, an inquest was held before Joseph HAMLEY, Esq., coroner, on the body of Richard WEDLAKE, of the parish of Roche, and the following are a few of the facts of the case as they were deposed to by the witnesses:- The deceased had been ill for about five days, and under the care of Mr. MUDGE, of Bodmin, surgeon, with extensive gangrenous inflammation of the back, accompanied with high irritative fever. His friends, anxious for recovery, and finding the patient to continue dangerously ill, called in Mr. JEWELL, an unlicensed practitioner, now residing at Roche who bled him and administered medicines, but in eight hours he died. Rumour, with her thousand tongues, was immediately at work; and report being current that the deceased had been improperly treated, the coroner received information and was prompt in his inquiry. The whole treatment to which deceased had been subjected was carefully investigated, and the following verdict was returned:- "That the said R. Wedlake died from natural causes; that we are perfectly satisfied that the treatment of Mr. Mudge was proper, and that he did everything in his power for him, but that we consider the last bleeding by Mr. Jewell might have accelerated the deceased's death." A report of the case has been forwarded to the solicitor of the apothecaries' company.

On the 26th instant, the following inquests were held before W. HICHENS, Esq., coroner:- In the parish of Illogan, on the body of Mary KNIGHT, aged 60 years, who was suddenly taken ill on the 23rd instant, and died in about five hours after.

In the parish of Ruan Minor, on the bodies of John TAYLOR and Michael TAYLOR, brothers, aged respectively 47, and 45 years. The deceased were fishermen, and on the 23rd instant, were entering the cove at Cadgwith in their boat, when she was swamped by means of a heavy sea striking her. Assistance was rendered to the unfortunate men as soon as possible, and they were both picked up in about ten minutes, neither of them having sunk, but life was extinct. Verdict, accidental death.

On the 28th instant, at Hayle, on the body of a man named John JENKYN, found early that morning in a pool of water near the Hayle hotel, where he must have fallen some time the preceeding night. He was about 80(?)

TRURO CHRISTMAS MARKET. This market was well supplied with beef for the Christmas purchasers, and the poultry market was stocked with an extraordinary number of fine geese, which brought generally about 6d. per lb. In the afternoon many were sold at 5d. per lb. Turkeys were scarse.


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