cornwall england newspaper
1842 NEWS ARTICLE
OCTOBER
7 OCTOBER 1842, Friday
NAVAL ARCHITECTURE - Judges as in Charts, Maps, &c. - Mr. HUNT read the
report of the judges of naval architecture. They awarded the society's gold
medal for the most approved model, with drawings and explanations, of a
merchant vessel of from 200 to 300 tons, to Mr. HUTCHINS, of Devonport,
between which and the one exhibited by Mr. DUNN, of Mevagissey, there was a
close competition. The premium of �5, offered by William BROAD, Esq., for
the best fastenings, &c., was awarded to Mr. Dunn. The committee,
notwithstanding, were of opinion that it would be advisable to have a knee
over the dead wood, and that the lower futtocks should butt with a dowell
under the keelson. The committee, having examined a model for the better
securing the beams and frame-work of steam vessels, consider it highly
ingenious and useful, particularly as it brings under public attention a
mode by which the weight of the engine is more encountered amidships, and
they awarded the inventor (Mr. ENYS), the 1st class bronze medal.
DISQUALIFICATION FOR THE OFFICE OF CONSTABLE - Pursuant to the provision
of the late act for increasing the constabulary force, a vestry meeting was held at St. Agnes, on the 29th ult., for the purpose of nominating 25 constables for that parish. After the business had been introduced, it was moved by a maltster, and seconded by an innkeeper, that no teetotaller should be eligible for that office. The reason assigned for the motion was, that such is the antipathy of teetotallers to drunkenness, that should one of them be invested with the authority of a constable, he would not hesitate to knock a poor drunkard's brains out. The motion was carried.
COMMITMENT TO BODMIN GAOL - On the 6th ult., a man of the name of
Frederick Peter STRATTON, of St. Dominic, against whom several indictments were preferred at the last assizes, was apprehended under a warrant from Mr. Justice WIGHTMAN, for witchcraft, and admitted to bail. On the 27th, he was again apprehended, under a warrant from Mr. Justice CRESWELL, for obtaining money under false pretences, and has been committed to Bodmin gaol to await his trial.
MINE ACCIDENT - On Friday last, as a man named James TREMBATH, who worked in Levant mine, was endeavouring to run a mill which had choked itself, it ran about him and buried him, so that it was not till after some of the stuff was cleared away that he was discovered. Fortunately, he was taken out alive, though dreadfully cut and bruised; and there is a hope that he will, with care, recover.
CORONER'S INQUESTS - The following inquests have been held before J.
CARLYON, Esq., coroner, since our last report:- On Friday last at
Bissoe-bridge, on the body of William BORROWS, aged 17. The deceased was a miner, but he was fonder of going about the lanes and fields with a gun or pistol, than of working. On the 29th ult., he was exhibiting a pistol to two little boys, which he said was loaded with gravel, and he intended to shoot a crow with it. He then put it in his breast pocket full cocked. One of the boys advised him to uncock it, but he said it made no difference, and walked away. He had not gone far before it went off, and killed him on the spot. The whole charge appeared to have entered his head, just under the left ear, and to have gone out in an opposite direction upwards. Verdict Accidental death.
On the same day and at the same place, on the body of J. PEARCE, aged 10 1/4 years, who was drawing water from a well near Tregathnan Consols mine, when he slipped his foot, and fell in. The well was about 18 fathoms deep. Some miners soon came to his assistance from the neighbouring mine, who went down after him, and brought him up, but life was extinct. Similar verdict.
On Saturday last, at Mount Hawke, in St. Agnes parish, on the body of Mary Jane WHITFORD, aged 4 years, who, whilst her father was at work, and her mother just outside the door, milking a cow, caught her clothes on fire, and was so seriously burnt before the fire could be put out that she only survived a few hours. Similar verdict.
On Monday last, at the Western Inn, Truro, by adjournment from the day
before, when the jury assembled for the purpose of viewing the body of James YELLAND, aged 25 years. It appeared that on Saturday, the 24th ultimo, the deceased and some friends had been drinking until a late hour at one of the retail beer-shops in Truro, and on their way home, the former, who was very tipsy, was catching hold of each of his companions by turns, and appeared inclined to wrestle with them. In their way home, they were joined by a person called Henry LAVERTON who knew the deceased well, and thought he could lead him home quietly. He attempted to do so, when the deceased began to wrestle with him also, and before he could get away from him, they both fell together; but the deceased fell on his back, and the back part of his head came in contact with the curb-stone of the pavement, and stunned him. He was then carried home, and he died the following Thursday evening. There
were various reports in circulation as to the cause of death, and the
circumstances attending it in this instance, which rendered an inquiry
before the coroner more particularly necessary; but it appeared quite clear from the evidence that there was no fighting or angry feeling between the parties in question, and that the fall and injury were accidental. Verdict accordingly.
PROPOSED FISHERY AT MELLOOK - A meeting was held at Mellook, on the north coast of Cornwall, on Monday last, to consider the expediency and
practicability of establishing a fishery at that place, when C. N. BRAY,
Esq., one of the magistrates for the Hundred of Stratton, was unanimously called to the chair. The Rev. T. KINGDON, of Pyworthy rectory, expressed his cordial approval of the measure, and his readiness to concur with and assist any steps that might be adopted in order to its success. He was principally led to afford his concurrence and aid, however, in the hope that the scheme proposed would lead ultimately, to the construction of a harbour of refuge at Mellock, - an object he had long had at heart, and for many years past had striven to accomplish. The Rev. Gentleman referred to the numerous instances of shipwreck which had occurred on that part of the coast - many of them attended with a distressing loss of human life, as well as of property; and then read a correspondence which had taken place almost annually, for the past seven years, between Capt. BEAUFORT, the Queen's
hydrographer, and himself, on the subject of a safety harbour, to be
undertaken by the government. Many obstacles were, however, found in that time to exist, and as neither the government nor the admiralty board had funds at their disposal for such an undertaking, the matter had been suffered to remain in abeyance. It had, however, led to the appointment of an official surveyor, for the purpose of examining the coast from the Land's-end to the Bristol Channel. This survey had been continued from the Land's-end as far as Padstow, when the gentleman engaged in it was called away to survey the harbour of Portsmouth and the adjacent coast, with a promise, however, that as soon as his task there had been accomplished, he should return; but it had not yet been resumed. As a Christian minister, actuated by principles of philanthrophy alone, he earnestly desired the success of any efforts that might lead to so important and essential an event, as the construction of such a harbour as he had named. John ABRAHAM, Esq., of Tavistock, now on a visit in the neighbourhood, D. N. FLEETWOOD, Esq., a gentleman recently come to reside at Bridgerule, Major FORTESCUE, of
Widemouth Cottage, W. ROWE, Esq., solicitor, of Stratton, and others,
entered warmly into the object of the meeting, and a subscription was
commenced at once to engage the services of a fisherman, with assistants, boat, and the necessary gear, to ascertain the capability of the spot, as a preliminary experiment; and an arrangement was immediately made with a fisherman then present, who is to commence fishing on Wednesday morning next, under the direction of a committee.
PENZANCE - There were about 200 vessels in our bay, at anchor, from the
24th till the 30th ult., when the wind suddenly shifting to E.S.E., they all began to get under weigh; in doing which the "Mary Eleanor," MEYLER, the "Artmose(?),"" WADE, and the "Balente," GAMBLIN, lost anchors and chains,- the first capsizing, and the second breaking her windlass. These vessels, with many others ran for the pier; but the tide had already begun to ebb, and they all took the ground notwithstanding they had let go kedge anchors astern to check them. The "Valente's" kedge fouled, which caused her to run so far a head that she could not be hauled astern. As the tide ebbed, she listed over, and being very sharp, and of very slight scantling, she strained and filled on the flood tide. Nearly the whole of the cargo, about
1,000 quarters of wheat, has been landed in a damaged state.
ROBBERY OF THE REDRUTH RAILWAY OFFICE - We are requested to state that the only account-book taken from the Redruth Railway Office, on the night of the 19th ultimo, was the daily sand-delivery book; and we are glad to find that even that has been so far recovered that no loss can accrue to the company.
EXTRAORDINARY CATCH OF MACKAREL - On Saturday last, a sean at Sennen,
Land's-end, secured about 30,000 fine winter mackerel, which were sold
rapidly at 10s. per hundred.
14 OCTOBER 1842, Friday
ALARMING FIRES. On the evening of the 6th inst. a fire broke out in the
house of Mr. Joseph CARNE, jun., in the New Road, Falmouth. It appears that
the servant, who was the only person in the house, had been looking under a
bed with a lighted candle, when by some chance, the curtains were set on
fire, which rapidly spread to every part of the room. Dr. McTERNAN, the
late surgeon of the "Astraea," who lives in the adjoining house, promptly
proceeded with his servants to give such assistance as might be required,
and at some personal risk and inconvenience succeeded in extinguishing the
fire, but not until the bed and the whole of the furniture of the room had
been consumed. But for the prompt means afforded by Mr. McTernan, the whole
row of houses would have been destroyed.
On Saturday last, a fire broke out in the upper part of the Dolphin Inn,
Launceston; and but for its timely discovery, very serious consequences
would have followed. Happening early in the evening, and the engines being
brought to play immediately on the premises, the ravages of the fire was
soon stopped; but not without doing much damage to the Dolphin itself, as
well as to the adjoining house on each side.
On Tuesday morning, the 4th instant, about ten o'clock, a fire broke out in
a dwelling house adjoining a smith's shop, occupied by Mr. COLLETT, in the
church-town of St. Michael Penkivel. The house, with most of its furniture,
and also the smith's shop, were destroyed.
ANOTHER CHILD BURNT. On Tuesday evening, a little girl called HILL, of
Falmouth, caught herself on fire and rushed into the street, where she ran
about until she was so much burnt before her clothes could be extinguished,
that there is but little hope of her recovery.
ANOTHER FATAL ACCIDENT AT DELABOLE SLATE QUARRY. On Wednesday last, an
inquest was held on the body of William COCK, a labourer, who was killed on
the preceding day by a stone falling and fracturing his skull while at work
in the quarry. The poor man lived but a few minutes after accident, and has
left a widow and three children.
INQUEST. Mr. HAMLEY held an inquest on the body of John TREVAIN, at
Blisland, who hung himself on the preceding day. It appears that he had
been in a very depressed state of mind for about a fortnight, which had been
observed by his family and neighbours. On the day in question, he went out
to work as usual; and his son, a lad about 12 years old, went into the
orchard about three hours afterwards, and found him suspended by a rope to
an apple tree. He got assistance, and the father was cut down, but was
quite dead. Verdict - temporary insanity. On the 12th instant, Mr. Hamley
held another inquest on the body of William COCK, who was killed by a stone
falling on him in Delabole Quarry, as stated above. Verdict - Accidental
death.
VALUABLE PEAR TREE. Mr. W. HARVEY, of Trelissick, in the parish of St.
Erth, has in his garden a peartree, which has this year borne four several
and distinct crops of well flavoured fruit, and of very large size. The
first crop varied in circumference from 11 to 14 inches, and the fourth from
8 to 9 1/2 inches. This extraordinary tree has again recently blossomed,
and is producing the fifth crop, many of which are at present larger than
walnuts; and should the weather prove favourable, they will no doubt, be
equal in size to the former. This is the third year that this remarkable
tree has borne from three to five different crops.
CAMELFORD. On Monday se'nnight, Edward WEST, Esq., was chosen Mayor for
this borough for the ensuing year.
PENZANCE QUARTER SESSIONS. These sessions commenced on Friday last,
before Herman MERIVALE Esq., the Recorder for the borough, the Mayor, and
other magistrates. The number of prisoners for trial was larger than usual.
Elizabeth WILLIAMS, of St. Just, was found guilty of having, on the 15th of
September, stolen twelve yards(?) of duck, the property of Mr. E. DAVY,
draper, of Penzance, and was sentenced to four months' hard labour.
Elizabeth TONKIN was found guilty of having stolen, on the 1st of July last,
three silk handkerchiefs, the property of Mr. DENNIS, draper, of Penzance,
and was sentenced to four months' hard labour.
Matthew JOHNS was found guilty of having stolen, on the 14th of August, a
quantity of barley and straw, the property of John ADAMS, of Madron, and was
sentenced to three months' hard labour - two weeks to be passed in solitary
confinement.
Catherine THOMAS was found guilty of stealing a quantity of ironmongery
articles from her master, Mr. H. M. MOYLE. The things in question comprised
guns, pistols, glasses, shot-bolts, and other property, to the value of from
GBP60 to GBP70, and they had been taken from a lock-up room in Mr. Moyle's
dwelling-house. John NICHOLLS, a shop-keeper was charged with having
received a portion of the property knowing it to have been stolen. This
prisoner had bought much of the stolen property of the female prisoner, but
his conduct when the robbery was discovered, the ready manner in which he
gave up the things, and the excellent character that he bore, obtained for
him a verdict of acquittal. Thomas, in her defence, made several statements
against other persons, which statements were no doubt grossly false; and the
Recorder, after remarking that a more abominable case never came before him,
sentenced the prisoner to seven years' transportation.
Joseph HOLMES pleaded guilty to having stolen a quantity of onions, from a
field belonging to Richard ROWE, and was sentenced to one month's hard
labour, the last week to be in solitary confinement.
FALMOUTH QUARTER SESSIONS. On Monday last, these sessions were held, when
two prisoners, called YATES, father and son, were indicted for stealing a
box of wearing apparel. The father had no bill found against him, and the
son having pleaded guilty, was sentenced to three months' imprisonment. A
woman called JENKIN was found guilty of keeping a disorderly house, and was
sentenced to three months' imprisonment and hard labour. Two appeal cases
were traversed till next sessions, and the business finished at an early
hour.
CAUTION TO FRUIT STEALERS. On Saturday se'nnight, Richard FOWLER was
committed for trial, charged with stealing about 400 apples, the property of
John TILLY, Esq., of Trevethan house, in whose service he had been for some time.
TRURO POLICE. On Friday last, William MITCHELL, of Three Burrows, Kenwyn,
miner, was charged with being drunk and disorderly, and assaulting policeman
DAVEY in the execution of his duty. The prisoner was fined GBP2 and costs.
On Monday last, Mary Jane KNIGHT, of Redruth, was charged with being drunk
and behaving in a riotous manner. She was committed to the House of
Correction for one month, to be kept to hard labour. On the same day, John
HAWKEY, tailor, of Truro, was charged with assaulting policeman WOOLCOCK, in
the execution of his duty, and was fined 5s. with costs.
SMUGGLING - On Wednesday se'nnight, 95 kegs of Brandy and Hollands were
crept up by the boats of H.M.R. cruizer "Dove," under the command of Lieut. Josias DREW, and the Cadgwith Preventive Boat. They were brought to Falmouth and deposited in the seizure warehouse at the Custom-house.
21 OCTOBER 1842, Friday
JACOB STANSBURY - 17, was charged with having stolen a silk handkerchief,
the property of John BATE, a publican, at St. Mabyn. The prisoner had slept
at the prosecutor's, and after he left, a handkerchief was missed, which it
was found he had sold to a person, named John BLYE, for 9d. and five
pencils. Guilty.
GRACE NICHOLAS - 49, was charged with having stolen eleven shillings, the
property of Edward WILLIAMS. The prosecutor is a labourer, living at
Mullion, and on the 10th of this month, his wife took 3s. out of a piece of
paper, and wrapping up the remaining 11s. in the paper, put it in a
cupboard, locked the door, and put the key in her pocket. She then left the
house, about three o'clock in the afternoon, and returned about five.
Afterwards, she found the money had been taken away, and, in consequence of
hearing that the prisoner, who goes by the name of "Mullion Bet," had been
seen in the neighbourhood of her house, she took two constables to her home,
and found her in bed, drunk. The prisoner at once, when she knew the object
of their visit jumped out of bed, and swore that she would demolish them,
with a nameless article of bed-room furniture. The constables and the
prosecutrix, in consequence, left the room till the prisoner had tamed down,
and they then returned. She then grasped something in her hand, which
proved to be the piece of paper which prosecutrix had wrapped her money in,
and to which she could positively swear, having the part which joined it
still in her possession. In the paper, a shilling was found, and under the
bed, seven shillings were found, in an old petticoat. - Guilty.
MARY ANN COLES, 42, and Jane JAMES, 30 - charged with stealing GBP5. 10s.,
the property of Joseph RUNDLE, at Marhamchurch; and James PHILLIPS, 21,
charged with stealing a piece of beef, and other articles, at Sithney, the
property of John BATE. In these cases the bills were ignored.
HENRY POLLARD, 42 - was charged with stealing a shovel from Mr.
TREGASKIS's Quarry, in St. Issey, the property of Philip HUGO. The
prosecutor was working in the quarry in August, and missed a shovel which he
afterwards found in prisoner's possession at Padstow. Prisoner at first
claimed the shovel as his own; but afterwards offered the prosecutor a
shilling to say no more about it. The shovel was produced in Court, which
prosecutor identified by means of a mark on the iron work. Verdict, Guilty.
ELIZABETH MICHELL, 17 - charged with stealing at Tywardreath, a cotton
gown, a boa, a shawl, and a pair of shoes, the property of William ANDREW,
while in his employ as a servant. Prisoner came into the service on the
10th of September, and left on the 21st of the same month, at four o'clock
in the morning, clandestinely. After she left, the prosecutor's wife missed
the articles named and saw them at Truro, when prisoner was in custody
before the magistrates. James FITZSIMMONS, policeman of Truro, apprehended
the prisoner in that town, and took possession of the articles found on her,
which he now produced. They were identified by Mrs. Andrew. Verdict,
Guilty as a servant.
JAMES RICHARDS, 20 and William WILLIAMS, 21 - were charged with stealing
12lbs. of beef, some potatoes and bread, the property of Richard PASCOE of
Sithney. (James PHILLIPS, 21, had also been indicted, but the bill against
him was ignored.) Mr. SHILSON, conducted the prosecution, and Mr. JOHN the
defence. Richard Pascoe, son of the prosecutor, stated that he lives with
his father, who keeps a public house, in Sithney. On the 10th of August,
being Sithney feast, the prisoners were at the house. That night there was
lost from the pantry, part of a round of beef, some bread, and potatoes.
About one o'clock in the night, witness had gone to the pantry and taken
refreshment. He went to bed between two and three o'clock, having locked
the door, and leaving the house in charge of George STEVENS, a dealer in
confectionary. The elder Pascoe had gone to bed some time before. Some
time afterwards, Stevens came to witness's room, and knocked him up. On
going down stairs, he found the pantry door had been broken open, and the
beef and other articles taken away. He sent for a constable, who came about
six o'clock. The man had been drinking in the house several hours. George
Stevens stated that on the 10th August, he was at prosecutor's house, and
was left in charge of the house when last witness went to bed. Young Pascoe
had, before that requested the prisoners to leave. Witness saw prisoners
searching for something to eat. They went and forced the pantry door, and
ate something. Witness went to the younger Pascoe. The prisoners went into
an adjoining field, and were sporting with each other. It was between three
and four o'clock when they went to the pantry. After going to the field,
they returned again to the house about day light. Richard Pascoe charged
them with felony. Mrs. Parnall and another woman were in the kitchen at the
time the beef was taken. Mary PARNALL, who was in the habit of attending
fairs with confectionary, was at the house on the night in question. She
heard the prisoners at the pantry door, and met them with something in their
hand. She afterwards saw them in the field dividing and eating meat. When
they afterwards came in, she saw the gravy of meat about Richards's mouth.
Mr. John addressed the jury, contending that from the conduct of the
prisoners, it was evident there was no proof of felonious intent on their
part; but rather that they had been led to commit the act complained of by
being harboured at late hours, and supplied with drink; the house also being
left in charge of a person having no immediate connexion with the house. -
Verdict, Not Guilty. The Chairman, who had in summing up, strongly remarked
on the conduct of the prosecutor in keeping his house open so late, now
marked the sense of the Bench of that conduct, by ordering that the expenses
of the prosecutor, and of any witnesses connected with him, should be
disallowed.
ANN KITTOW, 35, was charged with stealing a goose, the property of Edward
DAWE, of Tresmeer. The prosecutor is a farmer, and on Thursday, the 14th of
August, had 50 geese in his field, and missed one in the evening. The geese
were marked with two slits in the feet. On the 15th of September, he found
his goose at a Mr. TAMBLYN's, a farmer, of South Petherwin, to whose wife
the goose had been sold with five others, by John MANN, a regrater, who had
bought the lot of the prisoner, in Launceston market. As the goose was in
the possession or custody of a considerable number of persons between the
time of the felony and that of the recovery by the prosecutor, the case
occupied a long time in hearing, owing to the difficulty of proving the
identity. The jury found the prisoner Guilty.
HENRY WILLS 16 - was charged with having stolen GBP14. 10s., the property
of his master, William GREEN, butcher, of Truro. Mr. STOKES appeared for
the prosecution, the prisoner was undefended. William GREEN, examined - I
live at Truro, and am a butcher; I have employed the prisoner occasionally
in my business on the 11th of August, I sent him to Mr. DOBLE, at
Barteliver, in Probus, to fetch six sheep, and gave him GBP14. 10s to pay
for them. I gave him the money in a purse. I never saw him any more till
the Tuesday afterwards, when he was brought home by Bryant, the policeman of
Devonport. Henry BRYANT, examined - I am a policeman of Devonport. In
consequence of information I had received, I apprehended the prisoner on the
12th of August, in Devonport. The prosecutor's brother went into the house
with me, and the prisoner, when he saw him, said, "Charles, I did not think
you would come after me in this way." Witness then searched him, and found
on his person a GBP5 note, some other money, and a purse. As we went toward
the prison, he said he was taken into a beer-shop by a man and was made
tipsy; he fell asleep, and some one must have robbed him of the silver, - he
did not like to return, and he then came on to Devonport. He also stated
that if he ever got out of it, he would go to sea, and he would repay Mr.
Green all that he had spent. I produce the purse and the money that I took
from him. Mr. Green was called and identified the purse as his property,
and also stated that he gave him a GBP5 note of the East Cornwall Bank, and
that found on the prisoner was an East Cornwall Bank note. - Guilty.
ANN STEVENSON, 40 - charged with having stolen a large quantity OF SILVER
PLATE, AND VARIOUS ARTICLES OF CLOTHING, THE PROPERTY OF William DAVEY,
Esq., of Redruth. Mr. John appeared for the prosecution, and Mr. STOKES for
the defence, - Mr. Davey examined: I reside at Redruth. On the morning of
the 3rd of September, I missed a large number of silver spoons, forks, milk
jug, and among other things, a pair of boots. My crest is an eagle and
flag. I had my crest on a great part of the articles. These articles were
out on Friday for use, and on Saturday they were gone. Have seen some of
these things since. Louis FALKSON examined: I live at Falmouth, and am a
silver-smith, jeweller, and optician. I remember seeing prisoner come to my
shop, on Thursday, the 8th of September, about two o'clock in the afternoon.
She offered me some silver for sale; she produced first one tea spoon, and I
then asked if that was all; she said, no she had more. She then showed me a
dozen tea spoons, a sugar tongs, two mustard spoons, and a broken table
spoon - the bowl of it. I asked her once or twice whether it was her
silver. Her answer was that it was her own from her former husband. I
thought it looked very suspicious. I asked her how much it weighed, and she
said 17 ounces. It was between 11 and 12 ounces; I then asked her how much
she wanted for it; she said 4s. 9d. an ounce; that was rather above the
value. It came to more money than I had in the house, and I said I must go
to the bank to fetch some money. I then went to look for a hand-bill, to
see what sort of silver it was that had been stolen from Mr. Davey's. I
then looked out for a constable; I ran about from between two and five
before I could meet with one. The prisoner was in my house all the time; my
wife made her coffee and kept her there. At last, I met Bennett, a
constable; took him to my house, and gave the woman into his custody. I
gave the plate, all excepting six spoons, to the constable. I afterwards
delivered up the six spoons to the magistrates. When the constable was
there, she said first that the property was her own. Afterwards, I compared
these spoons with one produced by Mr. Davey, and I have no doubt they were
the same sort, because you could see parts of the initials upon them. The
marks on all were effaced, but enough remained on several to enable us to
trace them. Edward BENNETT, constable of Falmouth, gave corroborative
evidence of the last witness's testimony. The prisoner told him that the
things were the property of her first husband, who was a gentleman, and the
son of a lawyer in London. She said that the large spoon was broken by her
children. He told her he believed that it was part of the property stolen
from Mr. Davey's; she said it was not, and he then took her into custody.
He took her the same evening before Mr. CORNISH, the magistrate, and she
then said that the things were not her own property, but that they had been
substituted for her's by Elisha HODGE, and her own taken away. He asked her
again when before the magistrate about the broken spoon, and she then said
it was broken by her son, while in service abroad, and that he was obliged
to pay for it and keep it. Cross-examined: Went to the prisoner's house in
Truro, and apprehended the prisoner's son, Elisha Hodge. When he saw
witness he jumped out of the up stairs window. Witness had searched the
house, and Hodge said it was a very hard thing that he should be punished
for a bad mother. Mr. Davey was recalled, and identified the things now
produced as his property. Cross-examined: Elisha Hodge was in his employ
about three years ago. Bennett was recalled, and stated that on his way
with the prisoner to Comfort(?), reference having been made to that property
found by Rowe, she said that that was not lawyer Davey's, and that lawyer
Davey's plate was buried in a wood. Isabella BRAY examined: I live at
Truro near the prisoner; I remember her coming to my house on the night of
the 7th September, and asked me whether I could give her a few matches; I
came down from my bed, and she then said, I don't want matches, I want you
to take care of this portmanteau; she informed me that her son was going to
London for a situation, and that he wished to have the portmanteau to carry
away with him, and she wished me to take care of it till Saturday was past,
and he was gone. It was put under the kitchen table, and remained there
till I heard of this robbery, when I sent for Mr. Rowe, a constable of
Truro, and he opened it. Catherine Bray, the daughter of the last witness,
corroborated her mother's testimony, and William Rowe produced a silver milk
jug, twelve silver spoons, and a pair of boots, all of which were found in
the portmanteau, and were now identified by Mr. Davey as his property.
There were 49 other pieces of plate, having a crest of an arm and a sword on
them; these still remained unclaimed. Mr. Stokes addressed the court for
the prisoner, urging that there was not the slightest evidence of her having
stolen these articles, and the jury found her Not Guilty. The prisoner was
detained, in order that another indictment might be drawn up, charging her
with receiving the property, knowing it to have been stolen.
TRIALS OF PRISONERS RESUMED
Ann STEVENSON, 41, the prisoner who was
acquitted yesterday on the charge of stealing articles of plate, the
property of William Davey, Esq., of Redruth, was now indicted for having
feloniously received the before-mentioned property, well knowing the same to
have been stolen. Mr. John conducted the prosecution; and Mr. Stokes the
defence. - W. Davey, examined - re-stated the circumstances of his loss of
plate, as given in our report of the trial yesterday, and added that he
published notices in all his neighbourhood immediately. Louis Falkson,
silversmith, of Falmouth, repeated in effect the evidence given yesterday of
the prisoner's bringing the plate to him, and of his subsequent transactions
with her. On being cross-examined by Mr. Stokes, he said he had not seen a
hand-bill previously to the prisoner's calling, offering GBP10 reward for
the discovery of the party concerned in the robbery. A particular friend
had told him the initials. Prisoner asked him rather more than the real
value of the spoons. His reason for looking at his ready reckoner, to see
the value of the spoons, was that he might not give her any suspicions. He
never intended to buy the spoons. His particular friend had not told him of
the GBP10 reward. Had not heard anything of the reward when she came to his
shop. It was in consequence of looking at the hand-bill which he saw in the
street afterwards that he was able to identify the plate. Will swear that
he did not see the words "Ten Pounds Reward" on the bill. It was after he
had looked at the bill that he went for the constable. Edward Bennett added
to his evidence of yesterday, that the prisoner had said to him her son
lived with her and was out of place, and that he was intimate with Mr.
Davey's servant, Jane, who had taken the articles from Mr. Davey and given
them to her son. Witness went to Truro and apprehended the son; kept him
for about three quarters of an hour, when he jumped out of the window with
his handcuffs on. When witness was with prisoner at Comfort, he said to Mr.
Whitburn that he was glad that Mr. Davey's plate was found; when prisoner
said that was not Lawyer Davey's plate that Rowe had; that Mr. Davey's plate
was buried in a wood, and that she would show where it was, if witness would
go with her. Witness went with her, but no plate was found there. This
witness produced the plate he had taken at Falkson's shop, which was
identified by Mr. Davey. When Bennett was taking the prisoner to Redruth,
she asked him if she might be admitted Queen's evidence. She also said that
Elijah had told her he had now served out that old rascal (meaning Mr.
Davey) with whom he had lived three years back, and who refused to give him
a character. Isabella Bray, Catherine Bray, and William Rowe gave evidence
similar to that given by them yesterday. Mr. John then put in the
examination of the prisoner before the magistrates at Redruth, on the 12th
of September. She therein stated that she was going to Falmouth (on the day
before spoken of) about her club, and that her son and a young man called
COUSINS, were in her house when she was leaving. They asked her to take a
packet down to the Jew at Falmouth. Her son gave her a large spoon, six
silver spoons and some other articles. He told her to go to Falkson, get
the plate weighed, and bring back the money. He supposed it would not bring
above 4s., the same as Falkson had given them before; that he had sold some
before to Falkson, who had cheated him. After stating the facts of her
interview with Falkson, she proceeded to state that she had occasionally
seen her son throw out bundles from the chamber window to Cousins. That on
the Wednesday evening, they carried away a bundle to a field belonging to
Mr. JAMES. She went there with the constable, and did not find anything.
Mr. Stokes, for the prisoner, made a long and ingenious defence in an
address to the jury, asserting mainly, that if there was anything at all in
the evidence, it went to show that the prisoner was the principal felon, and
not merely the receiver; and therefore must be acquitted under the present
indictment. The jury, however, thought otherwise, and returned a verdict of
Guilty.
EDWARD JAMES TOOKE, 36, was charged with stealing a looking-glass, the
property of the Guardians of the St. Columb Major Union. The prisoner had
been Master of the Union House for about two years, and left about the 27th
of June last. Mr. HOCKIN and Mr. COLLINS conducted the prosecution; Mr.
JOHN and Mr. WHITFORD the defence. Mr. NANKIVELL, draper, of St. Columb,
stated that the prisoner being about to leave St. Columb in June wanted him
to take some goods in part payment of an account; and witness agreed to take
a looking-glass, at 25s. which was at a Mr. WILLIAMS's in St. Columb. The
glass was brought to witness's house, and 25s. was allowed in Tooke's
account. Witness afterwards gave the glass to Buckingham, the constable.
He had no doubt it was the same glass he received from Williams, but he
could not swear. Abraham BUCKINGHAM, constable, produced the looking-glass,
which he had before produced before the magistrates. Witness never saw
prisoner from the 27th of June, when he quitted the service of the
guardians, till the 29th of August, when before the magistrates. William
POLKINHORNE, upholsterer, of St. Columb, stated that about two years ago he
made a looking-glass by Tooke's order, for the Union. The Union paid him
for it by cheque. Tooke ordered a glass, of the same kind last Midsummer,
and paid for it ready money. William TRUEMAN, clerk to Mr. Thurston
COLLINS, who was clerk to the guardians, stated that he saw the glass, two
years ago, in Tooke's possession, and believed the one now produced was the
same. Cross-examined - When Tooke came to the Union-house, the guardians
resolved that GBP10. 10s. should be allowed for furniture for the master
(including a looking-glass); the furniture to be selected under the
inspection of the committee, and to be considered the property of the
guardians. Captain REMFRY, of Tavistock, where the prisoner formerly
resided, gave him a most excellent character for honesty and general
praiseworthy conduct. The Chairman, in summing up, pointed out the
deficiency of proof as regarded the property lost; and the jury returned a
verdict of Not Guilty.
STEPHEN BERRIMAN, stealing black tin, the property of the adventurers in
Lelant Consols.
MARY ANN COLES and JANE JAMES, stealing a purse and monies, the property
of Joseph RUNDLE, at Marhamchurch.
JAMES PHILLIPS, stealing beef and other articles, the property of Richard
PASCOE, of Sithney.
ELLEN JOHNS, stealing money, the property of Benjamin WOOLRIDGE, of St.
Stephens by Launceston.
CORNELIUS WRIGHT, stealing a teal, the property of Josiah ABRAHAM, at
Liskeard.
HENRY WHITE, felony.
ANN BROWN, Misdemeanour.
JOHN EDWARDS, 20, was charged with stealing a barragon jacket and a
beaver hat, the property of Richard MENHENIOT, of South Wheal Basset,
Illogan. In this case the prosecutor, on the 10th of August, left his
clothes in a changing-house, and on his return from under ground they were
gone. In consequence of information he had received, he went, on the 21st
of August, to Tresavean mine, and there saw the prisoner with his coat and
hat on. The hat had had that part of the lining on which prosecutor's name
was written, cut out. He could swear to the hat and coat as his property.
George RULE, a tailor, proved that he made the coat produced for the
prosecutor. The prisoner, in his defence, said that on the 15th of August,
he was at St. Thomas's in Exeter, and exchanged his own coat and hat and
10s. for the things now produced. Guilty.
ANN MATTHEWS, 26, a well-dressed, good-looking married woman of St.
Columb, was charged with having stolen a loaf, the property of William
NICHOLLS, baker of that town. The prosecution was conducted by Mr. COLLINS,
and the prisoner defended by Mr. BENNALLACK and Mr. JOHN. Wm. NICHOLLS
said, I am a baker, and bake for the St. Columb union; I baked bread for the
union on the 10th of October; I had 77 loaves on the table on that day; I
had lost bread from there lately; in consequence of suspicions I was induced
to watch my bake house on that evening; about twilight I saw the prisoner
run into the bakehouse, and go quickly forth to the table; I could not see
her do anything; she had her apron in her hand folded up, and she left
quickly; I went out and said "Ann, I want to speak with you." She said "you
shall presently." She still continued to run; I ran after her as fast as I
could, but I could not overtake her. As we went out, I said, "Ann, I want
to see what is in your apron." I overtook her at her door. She opened the
door, and I pushed in; I got in and said, "Ann, what have you got in your
apron?" She said, "I have a loaf of bread." She put it out, and I asked
her whose it was. She said, "it is yours," I said, "Ann, this is not the
first time you have served me this way." She shut home the door, and begged
me to stay. She said "my dear William Nicholls, don't you do anything;" she
repeated "don't you" many times. I took the loaf and ran directly home with
it through my back door. I have the loaf here, and can swear to it, because
it fits one of my tins, and is the only one that will fit it. The
prosecutor was cross-examined closely, but his evidence was not shaken. The
prisoner had brought him two pasties to bake that day, but no bread. Edward
Buckingham examined; I am one of the constables of St. Columb; I was called
on to take the prisoner into custody. While in my custody, she said she did
not do it for want - how she came to do it she could not tell; she must have
been bewitched to have done it. She said this both before and after she was
before the magistrate. Mr. Bennallack addressed the jury on behalf of the
prisoner. During his address, the prisoner fainted, and was led out of
court by her husband, father, and mother, who appeared to be all working
persons of respectability, and to feel deeply the degrading position in
which their relation was placed. At the close of his address, Mr.
Bennallack called G. W. F. GREGOR, Esq., who said he knew the prisoner. She
once lived in his family, as a domestic servant, for four or five years.
Had never heard a word against her honesty in his life. He believed that
she lived with the Rev. Mr. STACKHOUSE, before she came into his family.
The Chairman summed up, and the jury immediately found the prisoner Guilty.
GRACE BELLMAN, 50, was charged with having stolen a pair of woman's
shoes, from the standing of a shoemaker, named John THOMAS, at Camborne. It
appeared that the prosecutor, who lives at Redruth, was attending Camborne
on the first of October, with his shoes, and while his back was turned, a
person named Edwin TREGEA saw the prisoner take a pair from his stall, and
put them on her arm. He informed Mr. Thomas, who went to the prisoner, and
opened her cloak, but she contrived for a moment to conceal the shoes.
Suspecting that she had them, he kept his eye on her, and observed her put
something between her knees; he then pushed her, and, in the presence of
Mary RODDA, a pair of shoes fell from between her legs. During the hearing
of the case, the prisoner repeatedly vociferated her innocence, but the jury
found her Guilty. Mr. Thomas begged to recommend her to mercy. Mr.
TREMAYNE - Her demeanor in the court does not entitle her to mercy; but your
recommendation shall be borne in mind.
WILLIAM BLEWETT, 18, was charged with having stolen a donkey, the
property of John PARRY, of Paul. The prosecutor stated that he had a
donkey, which he kept on a common in front of his house. He saw it on the
11th of last month, and on the 14th, he missed it. Had seen it since in
John WILLIAMS's possession. John Williams said there was a fair held at
Halse Town in September, a month ago; saw the prisoner there, and bought a
donkey of him for 7s. 6d. This donkey was afterwards claimed by the
prosecutor as his property. The deposition taken before the magistrate was
then put in, and the prisoner's statement read. The prisoner said - I took
the donkey from Paul - thinking it was William PARRY's (the father of John).
I thought I might take the donkey to quit up the money that was due to me
for wages. The boy now said that he had worked for the prosecutor's father,
who had never paid him his wages, and he had made repeated applications for
the money, but had not been able to get it, he took the donkey and sold it.
In reply to the Court, the prosecutor said he did not know whether the
prisoner's story was true; he had married against his father's will nine
years ago, and had never been to his house more than once since (laughter).
He had seen the prisoner with his father's horses, but knew nothing further
about him. Guilty.
JOHN BARTER, 27, was charged with stealing a sheep, the property of Mr.
JEFFREY, farmer, of Antony. Mr. STOKES conducted the case, which was the
shortest prosecution of sheep stealing we remember having ever heard. The
prisoner was undefended. Mr. Stokes stated the facts of the case, and called
John HORDEN, who said - I live with Mr. Jeffrey, in Antony. He is a large
farmer there. On the night of the 19th of September, I went into the field
to count my master's sheep. I counted the wethers and ewes; there were 13
of each. On the following day I again went into the field, and again
counted the sheep; there was one of the wethers gone. Samuel WHITE examined
- I am also in the employ of Mr. Jeffrey. On the morning of the 20th of
September, I went on the road leading to Sheviock to look after the lost
sheep. Before I came to the toll-gate, I overtook the prisoner with a
sheep; he had a handkerchief about the sheep's neck. I asked him where he
was going to put his sheep; he said to Menheniot. This was about three
miles from Mr. Jeffrey's. I then went on to look for assistance, but not
finding it, after he had passed through the toll-gate, I went up to him, and
asked him where he got his sheep from; and he said from Torpoint; I took him
by the collar, and told him he was my prisoner, and that the sheep belonged
to me, or was the one that I was looking for; he said "I suppose if it is
yours you must take it;" he delivered it to me immediately. I then took the
prisoner back with me, and the sheep. I left the prisoner and the sheep in
the custody of the constable. There were marks on the sheep by which I knew
it to be Mr. Jeffrey's. Guilty.
WILLIAM HODGE, 37, and John HARRIS, 19, were charged with having stolen a
mallard, the property of Anthony KNOWLES, of Perranarworthal. It appeared
that the prosecutor had several ducks, which, on the 10th of September, were
in a pond. In the afternoon, the prisoners passed along the road in a fish
cart, and Harris was seen, after looking round, to jump out of the cart and
pick something up. The person who saw him, happened again to turn, and saw
the same prisoner stoop and pick up a duck. The person at once concluded
that the first stooping was for a duck also, went to a house and raised an
alarm. The prosecutor thought of his ducks, and ran out to look after them.
Meantime, a person named Joseph ORCHARD, passed the prisoners, and saw
Harris holding down a duck in one of the panniers in the cart. Presently
prosecutor, after a hard chase, overtook the prisoners, and a desperate
struggle ensued, Harris was left in his hands, but Hodge got away and drove
off with his cart faster than ever. When he got out of sight of the
prosecutor, he was seen by a man, named John KURE, to take something out,
and throw into the ditch by the side of the road. Kure soon came up to the
spot, and found a mallard quite warm with his head cut off. Kure picked it
up, and walking on, presently met with the belligerents. He then gave up
the mallard, which the prosecutor identified as his property. Guilty.
JAMES PIPER, 18, was charged with having stolen a quantity of old and new
brass, the property of the Carn Brae mine adventurers. Mr. SHILSON
conducted the prosecution; and Mr. BENNALLACK was for the defence. John
DARKE examined - I am employed by the Hayle Railway Company. There is a
house on the Carn Brae mines in which old and new brass was kept, belonging
to the adventurers in the Carn Brae mines. On the 13th of August last, I
and a person named Henry MAYNARD, watched in that house. This was about
nine in the evening. About half-past ten, heard footsteps. The door was
then unlocked by some person, who came in and locked the door. They then
struck a light; there were two men. They then began to take up brass and
put it into a sack, one holding the sack. They then went away a short
distance, and I came down from where we were watching to go for assistance.
I came back again with assistance, and found Maynard watching; he went to
look for more assistance. They then took up their sacks of brass, one on
each shoulder; each man took a sack and started with it. As the men came
up, I jumped out and caught the prisoner by the collar, and he dropped the
sack. ODGERS, the man I had with me, made an attempt to seize the other,
and missed him. Then he took the prisoner by the other collar. The other
prisoner had not since been apprehended. Other witnesses were called, who
corroborated this evidence, and ROBERTSON, the policeman, stated that when
he searched the prisoner, he found on his person a tinder box and steel. -
Guilty.
ALEXANDER BARBARY, 13, was charged with having stolen a cotton apron, a
pair of socks, and other articles the property of Grace THOMAS. The
prosecutrix lives about two miles from Camborne, and on the evening of the
3rd of October she had some things out to dry. While she was about to take
them in, the prisoner came to the house and begged for some bread, and
shortly after he had left, she went out and found the articles in question
gone. Supposing that he had taken them, she postponed further enquiry till
the next morning, when she took a policeman with her, and found the articles
stolen directly she got into the house. The boy's mother cried, and so did
the prisoner, and promised, if forgiven, never to do the like again.
Guilty. LOCK, the policeman, said the boy's mother was not a good
character, and that she was very poor, her husband having left her.
WILLIAM MARTIN, 28, and ALL ALLEN, 20, were charged, the former with
stealing sundry articles of inner wearing apparel, and the latter with
receiving them, knowing them to have been stolen, the property of Edward
KITT, of Antony. It appeared that on the night of the 9th of August, the
things in question were left in the prosecutor's garden in soap for washing,
and the next morning they were gone. On that same morning, one of the
Plymouth policemen seeing the female prisoner carrying a large bundle, in
Union-street, questioned her, and was led, from suspicion, to take her to
the station-house. Her statements were so contradictory, that they
confirmed the policeman's suspicions, and the other prisoner was, therefore,
apprehended. He stated, that as he was coming from Landrake, he saw two men
running away across a hedge, and he went after them; that when he reached
the hedge, he found the bundle on it, containing these clothes. - Guilty.
ROYAL CORNWALL POLYTECHNIC SOCIETY. In the list of prizes awarded at the
late Polytechnic meeting, the following were omitted, viz.:- for Mechanical
Drawings, being Steam Engines from actual measurement, Mr. S. PENGELLY,
bronze medal, first class; Mr. Alfred PEARCE, ditto, second ditto; Mr.
Charles SHOLL, first prize.
NEW POOR LAW. Seymour TREMENHEERE, Esq., one of her Majesty's Inspectors
of schools, is Gazetted as an Assistant Poor Law Commissioner for 30 days
from the 3rd inst., for the purpose of enquiring specially into the
education, and particularly the religious instruction, which has been
hitherto afforded to the pauper children in the parish of St. Pancras.
ST. IVES. On Friday last, two seins shot, one of which, belonging to
BOLITHO & Co., enclosed about 250 hhds., and the other, belonging to the
Gleaner, missed. On Saturday, HOCKING & Co., enclosed 170 hhds., and
TREMEARNE & Co., about 110 hhds. Several shoals were seen on Wednesday
evening, but in consequence of the wind blowing hard from the N.E., the
boats could not remain on the stern. Part of the mackerel enclosed on the
7th were landed on Tuesday, and sold for 35s. per gurry, holding about three
hundred and a quarter, of six score. The remainder would have been landed
had the weather been favourable.
MACKAREL NETS. On Thursday, the 13th instant, the "George," of Bideford,
ran over a string of Mackarel nets, and cut away several pieces, some of
which were marked I. T., and others I. S. E., belonging, no doubt, to some
poor fishermen.
LOSS OF THE IRON STEAMER "BRIGAND". On the morning of Wednesday, the 12th
inst., this fine vessel, which was one of the largest and most beautiful
iron steamers ever yet built, being of 600 tons burden, and 200 horse power,
- remarkable, too for the beauty of her workmanship, the splendid fittings
of her saloon, and her extraordinary speed, - struck on the Crim rocks, near
Scilly, on her passage from Liverpool to London, and shortly afterwards
foundered in deep water. The following is the substance of the account
given of this sad disaster by the chief mate and one of the engineers;- "We
left Liverpool at two p.m., on Monday the 10th inst., and proceeded on our
voyage, without anything particular happening until a quarter before five
a.m. on Wednesday, going from 11 to 12 knots an hour, with a strong current,
light wind from the north east, the morning being hazy, when she suddenly
ran foul of the breakers, and struck twice; the first time, right abreast of
the fore-mast in the bluff of the bow, and the next blow was of such great
force that it carried off her paddle-wheel, and drove it right into the
engine-room. We saw the St. Agnes light, but in consequence of the haziness
of the weather, we considered it was at least 15 miles off. Soon afterwards
we saw the breakers, but too late to avoid them. We put the helm hard
aport, however, to endeavour to do so, and immediately received the shocks
on our broadside. Both compartments of the vessel were stove in, and she
began to fill rapidly. The captain and crew immediately exerted themselves
to the utmost to save the vessel. The carpenter placed a board against the
side, and placed stays against the cylinder, and stopped up the crevices
with "waste" and grease; but these efforts were ineffectual, as were
likewise the endeavour to lighten her by throwing the fuel overboard, which
we continued to do till the hold filled with water. The engines had become
completely useless, and the fires were out, but the crew continued to exert
themselves for nearly two hours, when the captain called all hands on the
quarter-deck, and ordered out the jolly-boats. At this time she had drifted
about 7 miles from the breakers, and after waiting a quarter of an hour
longer, we got into the boats, the captain and mate still remaining on the
quarter-deck; the boats stood by the vessel another quarter of an hour, and
then, as she was sinking fast, the captain and mate got into one of them and
we shoved off. In about half an hour after we saw her go down by the head,
in about 45? Fathoms of water. We rowed for the Rock, and got on it, to see
how the land lay; the other boat came after us, and we joined in a small bay
leading to St. Agnes light, where two boats from the shore came out to us,
having seen our lights, and took us in tow for the harbour, St. Mary's which
we reached about three o'clock. The same night we went in the "Antelope"
pilot boat to Penzance, and from thence to St. Ives, where we got a passage
to Bristol in the "Herald." This fine vessel was built about two years ago,
at a cost of GBP32,000, and we understand was not insured.
MORE LARGE POTATOES. A miner of South Caradon mine, of the name of
WILLCOCKS, lately dug on the estate of Tremar Coomb, in the parish of St.
Cleer, two stalks of potatoes, one of which produced two potatoes of 1lb.
each besides a great number of small ones, and the other stalk produced one
potatoe which weighted 22 oz., in addition to a great number of smaller
size. A third stalk produced a red and white lady of extraordinary
magnitude.
PAUPER WIT. Some time ago, a poor man in the neighbourhood of St. Agnes,
being in destitute circumstances, applied to the overseers of his parish for
relief, who, finding he was able to work, sent him on the highway to crack
stones. He was at his occupation by the roadside, when a fat bullock, which
had run away from a butcher, came up in the direction where he sat at work.
The butcher called to him most vociferously to stop the bullock; but the
poor man kept cracking away, not even so much as lifting his eyes towards
the butcher, and appeared in fact, not to hear his request. The knight of
the cleaver conceiving the man to be exceedingly ill-natured, went up to
him, and in a most angry tone, said, "Ah, you rascal! Why didn't you stop
the bullock?" "Not I, indeed," replied he calmly, "let those that eat them
stop them."
POOR SPECULATION - The schooner "Earl of Devon" which was sunk in Mount's
Bay, February 3rd, 1841, and was purchased as she lay for 300 guineas,
having been raised and brought into Penzance pier with great labor, and at a
cost of from GBP1,000 to GBP1,400, was lately brought to the hammer, and
knocked down for GBP200.
NEW YORK LYCEUM OF NATURAL HISTORY. We have much pleasure in learning
that at the last anniversary of the Lyceum of Natural History, New York, our
countryman, Mr. HENWOOD, F.R.S., of Penzance, was unanimously elected a
corresponding member of that distinguished society.
ATTEMPTED HIGHWAY ROBBERY. On Thursday night, the 13th instant, as
Richard JULIFFE, a poor man of Ladock, was returning from Probus about nine
or ten o'clock, on passing by Treworgans Grove, he was accosted by a
ruffian, who demanded his money or his life; and on Juliffe telling him he
had no money, the villain stabbed him slightly just below the left breast.
Juliffe, however, being a strong young fellow, knocked his assailant down
and made off, fearing there were more on the look out.
ACCIDENT FROM BLASTING. On the 13th instant, as James WATTERS, a
quarry-man, was preparing a hole for blasting, in a quarry in Ladock, in
drawing the nail for putting in the rush, it broke, and Watters took a sharp
pointed piece of iron to pick out the tamping. The consequence was, the
hole exploded about him, blowing away one finger and part of the left hand,
and otherwise injuring him. He is, however, likely to recover.
FALMOUTH. On Tuesday afternoon, a man called ROLLIN, an old sailor of
this town, was in a small boat about a mile and half outside the Black Rock,
when he was upset by a heavy squall. He was picked up about an hour
afterwards, but was dead, and was prevented from sinking by being entangled
with some of the ropes of the boat.
28 OCTOBER 1842, Friday
THE FISHERIES. Goran Haven. The pilchard fishery here has been a very
unsuccessful one, and it may be said there is now no hope if its being
otherwise this season. On Saturday last, 25,000 line hakes were taken by
the hookers of Mevagissey, and landed there; they sold at 2s. per score for
salting. So great a catch has not been remembered before. The fishermen of
Goran Haven also took great numbers. St. Ives - No Pilchards have been seen
from the hills during the week, but on Tuesday night, one of the drift boats
brought in about 4,000 fine herrings, which were sold for 4s. to 5s. per
hundred.
THE LATE GALES. During the storm on Sunday last, a fine brig was seen in
distress from the hills at Boscastle which, after awhile, drove into Port
Isaac. She turns out to be a vessel bound to Bristol, with a valuable cargo
of African produce, belonging to Messrs. KING and CO., of that city. The
crew, consisting of 14, and the cargo, were saved, under the superintendence
of T. R. AVERY, Esq., but the vessel is considerably damaged.
The same day, at noon, a large barque was seen from St. Ives in the offing,
apparently in great distress, a heavy gale blowing at the time from N.N.W.,
and it was thought she must go on shore about Newquay. At two a.m., on
Monday, she was again seen by the officer and crew of the coast guard,
drifting into St. Ives bay, and a tar barrel was fired on the point as a
signal. She was boarded soon after, by one of the pilot gigs, and brought
to an anchor; and at high water she slipped her cable and ran for Hayle bar.
Too much praise cannot be given to the pilots and parties concerned, for the
exertions they used to save this vessel, which turns out to be the
"Bosphorus," of Newcastle, 340 tons, from Glasgow, bound to the West Indies,
with a general cargo.
The "Landskipper," RICHARDS master, was wind bound in Mount's-bay, on the
26th of September; and after reaching Scilly was driven back again. She,
however, sailed with the fleet on Tuesday afternoon. The schooner "Queen,"
Thomas SANDER master, was off Penzance, on Tuesday last, on her voyage from
Szalley (?) for Cork, with a cargo of bark. She had been short of
provisions for 11 days, and after receiving a supply, proceeded to her
destination.
We understand that the masts and rigging of a schooner have been cast on
shore near Water Gate, in the parish of Mawgan, in Pydar. It appears that
they had been cut away, as there are marks of axes on them. On Sunday last,
a boat was washed into Perran Porth, with her stern sheets, bottom boards,
and forward washed away. We understand she is in the possession of Mr.
Thomas BODILLO, of Cubert.
TRADE FROM NEWPORT ROUND CAPE HORN. Amongst other effects of the
so-called wise policy laid down in the new tariff, is the smelting and
partial reduction of ores in foreign countries. The abolition of smelting
inbound in England, will bring foreign nations into competition with us, and
when too late, we shall open our eyes to the loss of our trade in copper,
and the ruin of our mines. Some of the most productive copper mines in
Cornwall, if once compelled to stop, will be "drowned" and never open
again. We notice in our docks, a fine ship, the "Sarah Charlotte," loading
with fire bricks for new works in Chili, and the merchant, J. VIVIAN, Esq.,
who, we understand, is a resident of that republic, fully anticipates the
consumption of this manufacture will warrant the establishment of a regular
trade with this port. An abundance of good coal has been discovered at
Conception, and is now worked to some extent; already some of the
influential merchants of Valparaiso have projected extensive smelting works
at this important place. No difficulty is expected in raising the necessary
capital - Merlin.
ST. AGNES. FOUL AIR IN MINES. Mr. HARDIMAN, the gentleman who made
several experiments with Dr. PAYERNE in the diving bell over the wreck of
the Royal George, at Spithead, has been trying other experiments at the
royal Polberou Consols mines, in this parish with the newly-invented method
of purifying the air. The experiment was made at a depth of about 700 feet
below the surface where the air was previously so vitiated that no persons
could approach the place, a mere(?) nine fathoms above the level. A
powerful air machine attached to the engine rods was put to work some time
ago, which barely furnished air for three men with candles to exist. The
method of purifying air was brought into action after this air machine had
been thrown out of use, and although there were at that time no less than 15
men with candles in the mine, the air in ten minutes was so renovated that
all breathed with comparative ease; the improvement was even visible
insomuch that where three candles were until then with difficulty made to
burn, ten or more now burned freely. As a further test, two holes were
blasted, and under the old method no man could approach the top of the rise
until half an hour after the explosion, and in some cases longer, but the
machine so quickly dissipated the smoke, that in four minutes the men were
at their work breathing air comparatively pure, and refreshed with the
additional advantage of being as cool as at the surface although there were,
as before stated 15 men in the rise.
BURNING-HOUSE SMOKE. Last week, Mr. RASHLEIGH, innkeeper, at Constantine
Church-town, and a farmer close by, lost three milch cows and a horse, which
were supposed to have been poisoned by eating the grass on which the smoke
from the burning-house had fallen.
FINE PARSNIPS. At Parc Behan, in Veryan, the sea(?) of John GWATKIN,
Esq., there are parsnips of this year's growth, measuring 2 feet in length,
from 16 to 16� inches in circumference, and weighing from 3lbs to 3lbs. 4oz.
MORE LARGE POTATOES. This week, Mr. John SIM, innkeeper, Stythians, dug
in his field a single stalk, having six potatoes attached to it, two of
which weight 21oz. each and a third 17oz.
PADSTOW. On Friday night last, as Jacob HORE, William THOMAS, and George DELBRIDGE,
were at work in the adit of Crediz mine in this parish, the old timber gave
way, and a quantity of rubbish fell and buried William Thomas, who was not
dug out till the next morning, when he was quite dead. The others were not
hurt, but G. Delbridge had a narrow escape.
CORNWALL MICHAELMAS SESSIONS. Thursday, October 20, 1842 Before J. K.
LETHBRIDGE, Esq. Edward James TOOKE, who was yesterday tried and acquitted
on a charge of stealing a looking-glass, the property of the Guardians of
the St. Columb Union, was this morning indicted for a breach of trust
towards the Guardians. Mr. HOCKIN stated that it was not the intention of
the prosecutors to offer any evidence on this charge; and the Court,
consequently, directed a verdict of Acquittal.
WILLIAM MARTYN, 24, was charged with stealing GBP5 in gold and silver,
the property of his master, William MARTIN, shoemaker of St. Austell. The
prisoner was in the employ of prosecutor, as a journeyman shoemaker, and on
the 1st of September, was entrusted by his master the GBP5 to go to St.
Columb, and pay Mr. NORTHEY, a currier, and bring back some leather.
Instead of doing this, he went elsewhere, and appropriated the money to his
own use. The prosecutor was cross-examined by Mr. BENNALLACK, on the
subject of prisoner's engagement and employment. He stated that the
prisoner had his meals in his (prosecutor's) house, and slept at Mr. LORD'S,
where lodging was provided and paid for by prosecutor. He was to be paid
for his work by the piece, a shilling or so at a time, as he might want it.
Prisoner slept in prosecutor's house when ill. Witness paid for the lodging
principally in shoes, in account with Mr. Lord. William Lord - was a
constable of St. Austell, and apprehended prisoner at Plymouth. Witness
asked him what he had done with his master's money. He said he had spent
all that before he left St. Columb, Prisoner had told him before he went to
St. Columb, that he was going there, and that his master had a deal of
trouble in getting the money for Mr. Northey. He said he was sorry for what
he had done, but it was a drunken job altogether. He used to sleep at
witness's house. His master paid witness for the lodging. Cross-examined,
the master gave witness at the rate of sixpence a week for prisoner's
sleeping. Prisoner had left his house two or three days before the 1st of
September. Re-examined by Mr. SHILSON - Was present before the magistrates
when prisoner was examined. In the examination, prisoner stated that he
spent the money through foolishness. He had offered to make it up, by going
back to his master and working up the sum. Phillip Northey, of St. Columb
stated that he had not received any money from prisoner either on the 1st of
September, or any other times. William Martin, the prosecutor, being
recalled by Mr. Bennallack, admitted that he had offered to make it up with
the prisoner. He said it would then do him a great deal of good, and if
prisoner would let him have that, he would make it up. Prisoner said he had
not so much money, but he would come back and work it out. But this, the
prosecutor would not allow. When the case was in the hands of the
magistrates, the prosecutor refused all applications to make it up. Mr.
Bennallack, for the prisoner, submitted first to the Bench, and then to the
Jury, that the evidence did not prove the prisoner to have been a servant;
and that if the prisoner was considered a servant, then Hoby, the great
shoemaker of London, had a larger number of domestic servants than was found
in the establishment of any noble man, or even the Queen herself. Further
than this, the learned advocates affirmed that if the prisoner was to be
considered a servant, every person temporarily employed by a friend, ought
to be so considered; and he should suggest to his old school-fellow, Mr.
MICHELL, the tax-gatherer, the means thus opened of adding in the Revenue,
now that it was rather low, and "God knows" said Mr. Bennallack, "Where we
should have been now, but for Sir Robert Peel." (laughter). The jury found
the prisoner Guilty of Stealing, in the character of a servant. Three
month's hard labour.
EDWARD MAY, alias EDWARD LANGWORTHY, 40, who had been just convicted in
the other court of stealing reed(?), was now charged with having, when
formerly imprisoned, by breaking the ceiling and removing a quantity of
slate over the roof, escaped from the Goal of Bodmin, and gone at large to
the hindrance of justice and against the Queen's peace. The Court decided
that the offence was a misdemeanor, and not a felony as charged in the
indictment. The prisoner was, therefore, not tried on this charge.
PHILIP MORRISH, 21, was charged with assaulting Mary STEPHENS, at St.
Columb Minor, with intent, &c. There was also a count for a common assault.
The prosecutrix was a decent, and apparently, a well behaved girl, about 16
years old. Verdict, Guilty of a Common Assault. Six months' imprisonment
in the gaol.
PENTEWAN QUAY. THOMAS LOBB was indicted for assaulting and beating
Francis Swain PRICE on the 23rd September. Mr. CHILCOTT conducted the
prosecution; Mr. STOKES the defence. Mr. Chilcott, in stating the case to
the jury, said although his indictment was only for a common assault, it
involved a question of considerable importance; and he would, therefore,
shortly detail the circumstances which led to the proceedings. Probably
most of the jury were aware that Mr. HAWKINS, of Trewnham(?), and the late
Sir Christopher Hawkins, had expended considerable sums of money in forming
a port, and building a quay at Pentewan. It was an undertaking which
required an enterprising spirit, and a large outlay of capital; and being
completed, it had proved most beneficial to the trade and commerce of the
neighbourhood while it had provided employment to many labouring men and
their families. For the last 15 or 16 years, Capt Price, the prosecutor,
had been Mr. Hawkin's sole agent and manager at Pentewan, having the custody
of all goods on the quay, and the power to employ or dismiss laborers as he
thought proper. Some 5 or 6 years ago, Capt. Price employed the prisoner as
a porter at the quay. The situation of porter at Pentewan was much valued;
because in all work to be done there, Capt. Price gave the porters the
preference. One of the chief employments of the porter was to ballast ships
coming into the port. Sometime ago, when it required a great deal of
trouble to get ballast, Capt. Price agreed with the merchants frequenting
the port, that they should pay 4d. a ton for ballasting; but of late years,
it having become easier to get ballast, Capt. Price had agreed that the
merchants should pay only 2d. a ton. At this change, the prisoner and the
other porters were exceedingly angry; and they declared that they would not
work at 2d. a ton, and that no one else should. A vessel coming into port,
and requiring ballast, these men refused to ballast her at 2d., and Capt.
Price employed others. But as soon as the old porters saw that other men
were willing to do the work at 2d. a ton, they came and offered to do it.
On which Capt. Price said, if they would do it again, they should; and they
agreed to do so. But afterwards, they changed their minds, and all left
their work, in consequence of which the vessel was detained in port a day
longer than she ought to have been, to the great injury of her owners, and
to the detriment of the port. Capt. Price went to the men, and asked what
they meant by such conduct. They told him that they would not work for 2d.
a ton; and before any one else should, blood should run over the quay.
Capt. Price had then no alternative but to dismiss all the old porters, and
engage new ones to take their places. He also forbad them from coming on
the quay, or in any way interfering with the business of the port. To this
they paid no attention, and Capt. Price caused the prisoner to be served
with a notice from him (Mr. CHILCOTT as Mr. Hawkins's solicitor), warning
the prisoner against coming on the quay. This was utterly useless. On the
morning of the 23rd of September, Capt. Price found the prisoner and two
others of the old porters engaged in loading a vessel inside the quay.
Capt. Price told the captain of the vessel that these men were no longer his
porters; and the captain of the vessel immediately ordered them to leave the
ship. They then began to carry some lime-stones from one part of the quay
to another, thus continuing to work there. Capt. Price ordered them to
leave; but finding they did not mind what he said, he called on Wm. Lord, a
constable, and in his presence, again ordered them to leave. They refused.
He then went first to the two porters who were with prisoner, put his hand
gently on the breast of them successively, told them to leave, and gave them
a slight push. He then came to the prisoner, and said, "I desire you to
leave Mr. Hawkins's property." Prisoner said he would not. Capt. Price
then put his hand gently on him as he had to the two others; but he had
hardly touched him, when he collared Capt. Price, held up his fist, and,
with an oath, threatened to throw him into the basin, Capt. Price being
nearest to it. Mr. Chilcott then proceeded to state the law in
justification of Capt. Price's having first touched the prisoner, on the
ground that he was acting for his principal, Mr. Hawkins, in maintaining his
right according to the mode which the law provides in each circumstances.
Mr. Chilcott next anticipated and combated the defence of right to the use
of the quay, which he understood was to be set up, urging that to attempt
such a defence was but aggravating the original offence. In conclusion, the
learned advocate (in...ed?) on the importance of maintaining, in due
respect, the proper authorities at a Port, which had proved so highly
beneficial to trade and commerce, and to the labouring population of the
neighbourhood. Mr. Chilcott then examined the following witnesses; Capt.
Price, William Lord, the constable, and Timothy SARAH. At the conclusion of
the examination, Mr. Stokes first submitted to the bench that there was no
case to go to the jury, and on being over-ruled on this point, he ably
addressed the jury in defence. The Chairman, in summing up stated that Mr.
Price had done no more than was justifiable in protecting the property of
his employer. Verdict, Guilty. Mr. Chilcott addressed the bench on behalf
of he prisoner. He said that the prosecutor having succeeded in affirming
his right, did not wish to press for a heavy punishment. A Fortnight's
Imprisonment in the Gaol.
DISTURBING DIVINE WORSHIP. SAMUEL STEPHENS, was indicted for wilfully,
maliciously, and contemptuously disquieting and disturbing a congregation of
Protestant dissenters, assembled for the purpose of religious worship at
Golberdon chapel, in the parish of Southill, the said chapel being duly
certified and registered, pursuant to the statutes in such case made and
provided. Mr. JOHN conducted the prosecution, and Mr. BENNALLACK the
defence. Mr. John stated the case. This was a prosecution that had been
preferred by the leaders of the congregation of Methodists, who had a chapel
in the parish of Southill, and in a place there called Golberdon common; and
the offence imputed to the defendant is, that he, during the time of
religious worship, there behaved in a most improper and violent manner,
cursing, swearing, and making use of such violent language as disturbed that
congregation. He was brought before the magistrates after the offence
itself was made known to them. They, very properly, finding that he had no
sureties, committed him here. The question now as, whether he was guilty or
not, and in the event of their finding him guilty, the penalty of GBP40
would be inflicted. There could be no doubt whatever, that the charge
imputed to the defendant would be made out against him. He came down drunk,
telling the parties there that he actually made himself drunk to kick up a
spree, or a lark; and he did this in the most savage and brutal way. The
chapel was licensed, and the defendant knew it, for he had formerly rented a
pew there, and had left the chapel in debt. Mr. John then called James
LOBB, a farmer residing in the parish of Southill, who said he was one of
the Stewards of the Methodist Chapel at Golberdon, in that parish, and had
been so for 14 years. He had known the defendant many years. For some
years he had had a sitting in the chapel. On the evening of the 5th of June
last, witness attended his chapel for the purpose of religious worship. The
door was open. The officiating minister was Mr. Richard BRAY. After
service began, witness's attention was attracted by seeing some of the
congregation rise in the gallery, and by hearing several persons outside
hallowing and making a noise. Witness, being a constable, was called out to
require the peace, by John PETHICK, a steward of the chapel. He went out,
and found a number of persons congregated together, about 67 feet from the
chapel. Among them, he saw the prisoner, who struck two or three persons,
and was in a very "wranglesome" state. He appeared to have been drinking.
There was a great deal of swearing, which was heard within the chapel.
Witness saw Stephens collar two or three men. His coat was off. Witness
requested him to go away; he did not do so, but used very abusive language.
A great many of the congregation left the chapel in consequence of this.
Witness then told the prisoner he was breaking the laws of his country, and
the laws of God, and had better withdraw; but he continued to behave in a
most rude, violent, and insulting manner. Witness was obliged at last to
take him off. Cross-examined. The meeting is situated within a few yards
of the highway. The other persons outside appeared to be trying to keep the
defendant quiet. Mr. BRAY was the round preacher that night, and had been a
preacher many years. By the Chairman - The disturbance began about six
o'clock, at the time the congregation were assembling. It had not begun
when witness went into the chapel. The chapel is in a village. Richard
Bray examined - Was a local dissenting preacher of the Methodist connexion;
and was officiating at Golberdon chapel on the evening of the 5th of June
last. This witness corroborated the previous evidence of the disturbance,
which he said continued till he left. He did not complete the whole of the
service. His home was at Trematon; and it was not unusual for a minister
when at a distance from his home, to leave the service to be completed by
another person. On witness's leaving, he saw Stephens strike another man,
and the man bled. He also saw prisoner make a blow at a woman with a child,
and she fell. Prisoner was then without his coat. He afterwards broke out
of Lobb's custody, and came down to the public house without his shirt.
John Pethick, one of the stewards of the chapel, who on the evening of the
5th June, officiated as door-keeper, and Thomas MUTTON who was at the
chapel, both corroborated the evidence of the disturbance. The latter
witness stated that when he first saw prisoner that evening, he came up to
him at the chapel door, and asked him to go to the public-house, which
witness refused to do. (sorry - but evidence is too difficult to read) -
....It enacted that if any person shall wilfully, maliciously, and
contemptuously disquiet or disturb any meeting, assembly, or congregation of
persons assembled for religious worship, permitted or authorised by this
act, or any former act or acts of parliament, such persons so offending
shall be bound in GBP50, to answer for such offence at the Sessions, and on
conviction of the offence, shall suffer the pain and penalty of GBP40. And
at present he was not aware of any means by which that penalty could be
mitigated; nor that there was any other alternative but that the person
convicted must be kept in prison till the fine was paid. It was, therefore,
very important that they should see that all the allegations in the
indictment were proved. That the chapel might be disturbed, and the
constable sent for, might be true; but the question was, did the defendant
wilfully, maliciously, and contemptuously disturb the chapel. It was not
every row outside a meeting-house door that necessarily was intended
"wilfully, maliciously, and contemptuously" to disturb the congregation
inside the chapel. The Chairman then went through the evidence; after which
Mr. Lobb was recalled. He added to his former evidence, that he told the
defendant that he was disturbing the chapel; and that he continued to do so
afterwards till the service was over. Verdict, Guilty.
John MAYNE - charged with assaulting John LANE, at Linkinhorne, pleaded
Guilty, and traversed to the next sessions.
CHARLES WILLIAMS, JOHN INCH, and JAS. BLANCHARD - were severally indicted
for misdemeanours in obstructing the market place at St. Ives. No evidence
being offered on the part of the prosecution, the Jury, under direction of
the Court, acquitted the defendants. Each of these defendants had to pay
GBP1. 19. 4d.(?) for court fees.
SAMUEL GLASSON, 38, committed for want of sureties in a breach of the
peace at Truro. No one appearing against him, he was severely reprimanded
by the Court, and discharged. The chairman stated that it had come to the
knowledge of the court that Glasson had been in prison on less than
seventeen times.
John CHARLES WOOD, 33, (an Irishman), was committed for want of sureties
in a breach of the peace towards Elizabeth BURGESS, at Breage. This
defendant was also reprimanded and discharged, no one appearing against him.
He appeared exceedingly penitent, and said he had had a long imprisonment,
and that he should not have committed the assault had he not been
intoxicated.
RIVER CAMEL OR ALAN. Mr. E. LYNE, on the part of Sir William MOLESWORTH,
moved to confirm the appointment, made at the Petty Sessions at Washaway, of
Mr. LAKEMAN, as conservator of the river Camel, in the room of Mr. WEDGE,
resigned on account of infirmities and age. Motion granted.
APPEALS. St. Austell, Appellant; Mr. SHILSON and Mr. STOKES - St. Mary's,
Truro, Respondent; Mr. HOCKIN, and Mr. J. B. COLLINS, Mr. Stokes moved an
appeal against an order for the removal of Sarah JULIAN, and four children
from the parish of St. Mary, Truro to St. Austell - Mr. Shilson then took a
preliminary objection to the examination of Sarah Julian. There was an
attempt to support the settlement of Sarah Julian and children in the parish
of St. Austell by stating that Thomas Julian, about 18?2, rented a tenement
in that parish, of the value of GBP10, for 3 years; and the examination of
Thomas Julian states, that the pauper's deceased husband was his son, and
did not acquire any settlement in his own right. Sarah Julian, to her
examination merely states that she is the widow of Thomas Julian; and Mr.
Shilson's objection was that this statement was insufficient, inasmuch as it
did not set forth the time or place of her marriage. The Appellant parish
was thus deprived of the means of testing the truth or accuracy of the
pauper's statement. Mr. Shilson argued at some length in support of his
objection; and cited the following cases from the Law Journal, as
confirmatory of the principle involved in it: Rex v. Derbyshire, Law
Journal, 1837, p. 140; Rex v. Sussex, also reported in 1840; Regina v.
Bridgewater, reported in 1841; and Regina v. West Riding of Yorkshire,
reported in August, 1842. Mr. Stokes followed on the same side, and cited a
dictum of Justice Peterson's, in the case, Regina v. Lydeard St. Lawrence,
reported in the Law Journal, 1841, p. 150; and a more recent case, Regina v.
Bridgeworth. Mr. Hockin was heard contrd(?), and Mr. Shilson replied, when
the Court decided that the objection was fatal.
SECOND COURT, THURSDAY, OCTOBER 20, 1842. EDWARD MARTIN, 12, pleaded
Guilty to having stolen from a van, a handkerchief, and a velvet and silk
band, the property of Edward GABRIEL, of Lostwithiel. To Be Once Privately
Whipped.
EDWARD LANGWORTHY, 41, Was charged as a servant, with having stolen two
sheaves of reed, the property of Henry LAITY, of St. Erth. Mr. HOCKIN for
the prosecution, Mr. John for the defence. Henry Laity examined. I am a
farmer living at St. Erth, and had the management of Tregurrows farm. The
prisoner was in my service on that farm down to the 9th of September. On
the evening of that day I concealed myself near the mowhay, where there is a
gate opening near the public road. There is no road through the mowhay. I
was there about three quarters of an hour, when I saw the prisoner come out
of the farm house and go to the mowhay. I knew him; when he came back
through the gate I seized him, and then he had two sheaves of reed. He said
"my dear Mr. Harry, let me go." I said the law should have its course on
him. I had called to my assistance another servant. Anthony GILBERT
examined. I work on this farm. I was called by Mr. Laity to his
assistance, and saw the straw. The prisoner said "my dear Mr. Harry let me
go, and I will never see this country any more." I afterwards gave him to a
constable. Guilty. Mr. LETHBRIDGE, in passing sentence upon this prisoner
said, - It is fortunate for you that the other conviction, of which you were
apprised, was not yesterday proved against you. You were in this prison for
two felonies in 1833, and you made your escape from the prison, and but for
some question about the law, you would have been tried for prison breach.
Let me give you this caution; the sentence that is now about to be passed
upon you will be recorded, and, depend upon it, the punishment for any
subsequent offence will be very severe. If you are again convicted, you may
depend upon being sent out of the country. The prisoner was then sentenced
to Eight Months' Hard Labour.
John BRICKWOOD BERSEY, 20, a well-dressed young man, of respectable
appearance, was charged with having broken and entered the house of Samuel
THOMAS, of St. Germans, and stolen money and goods therein. Mr. Shilson
appeared for the prosecutor; but the prisoner was undefended. Samuel Thomas
examined:- I am an innkeeper at St. Germans; I have know the prisoner from a
child; he lives opposite my house. On the 22nd of August last, I was in the
bar, close to the bottom of the stairs, when, having been called by my
niece, I went to the bottom of the stairs, and saw a man going through the
stair-case window. This was about half-past nine in the evening. In
consequence of that, I called on some person to go out and stop the man. My
servant, Thomas CLARIDGE, went out after the man, and I went up stairs to
see what was missing. I found my pocket-book was gone, and some silver and
another book, and a small key. I missed these from a drawer in my bed-room;
the drawer was locked, and I had seen the things in the afternoon. Finding
that these things were gone, I went up the yard, where Claridge and GEAKE
had the prisoner. I said to him, "John, I have been up stairs, and my
pocket-book is gone, and I know you have got it, and I desire that you will
give it to me," and after some little time he put his hand into his pocket,
and gave it to me. I gave the book to Mr. Geake. I saw the little paper
book which had dropped down on the steps where he was, and some loose
silver. The book contained five GBP5 notes, and one sovereign. Then I sent
for a constable who took the book into the house and opened it; it contained
the notes and a sovereign. The bed-room almost adjoins the stair-case.
Thomas Claridge examined:- I am a servant of the last witness; on the 22nd
of August, I saw the prisoner; when I saw him, he was in the court-yard,
above the kitchen steps. In consequence of what my master told me, I
pursued the prisoner. I took him on the steps, leading to the garden. He
was running away, and stumbled on the steps and almost fell. I came up and
seized him; when I laid hold of him, he said if I would release him he would
leave the place and the country altogether, and we should never see him any
more. Mr. Geake then came and afterwards Mr. Thomas. I saw him deliver the
pocket-book to Mr. Geake; he took it out of his side pocket; I kept him in
custody till the constable came. I knew him for four years before. Wm.
Geake examined - I was at Mr. Thomas's house on the 22nd of August. In
consequence of what I heard from Mr. Thomas, I went into his court yard, and
saw the prisoner there in the custody of the last witness. Mr. Thomas came
and said he had lost a pocket book containing GBP25. The prisoner, in the
course of a little while, took the book out of his pocket, and gave it to
Mr. Thomas. Mr. Thomas opened the book, and saw there was money in it,
which he said was his own. I told him not to look at it till the constable
came, and he then put it up, and gave it to me. I saw a paper book on the
steps, with a shilling close by; it was moonlight, and I was able to see the
shilling. I did not look to find any more; I said we would wait till the
constable came. When the constable came, he got a light, and he then took
up twenty shillings more, and a key. I was present when the pocket-book was
opened; it contained five GBP5 notes, and a sovereign. Samuel HAWKE, the
constable, corroborated the evidence of the last witness, and produced the
articles in question, which were identified by the prosecutor as his
property, or as the same in amount as had been taken away from his bed room.
The prisoner made no defence, and asked the witnesses no questions. Guilty.
A former conviction, on the 15th of March last, when the prisoner was
charged with having stolen six fowls, was put in, and one of the turnkeys
having proved that he was the same man, the jury found to the effect. On
the following day, the prisoner was brought up to be sentenced, and Mr.
Lethbridge, in passing sentence, said - You have been convicted of breaking
and entering the dwelling-house of Samuel Thomas, and stealing thereout a
great deal of money; a serious offence, indeed, but there is against you a
former conviction for felony. The court will always make a distinction in
the punishment which it inflicts upon persons who have before been
convicted, and in your case you will be long separated from your family-that
family which I know to be at this moment most anxious about you, - your
mother, grandmother, and all that are related to you are most anxious for
you. The sentence of the court is that you be Transported for Fifteen
Years. This was the heaviest punishment, and with one exception, the only
sentence of transportation passed at these sessions.
FRIDAY OCTOBER 21, before J. K. LETHBRIDGE, Esq. - The Court proceeded
this morning to pass sentences on the prisoners. The following are the
sentences of those whose trials were given in our last week's paper:-
ALEXANDER BARBERY, for stealing an apron and a pair of socks, from Grace
THOMAS, of Camborne, to be Once Privately Whipped.
JACOB STANBURY, for stealing a silk handkerchief from John BATE, of St.
Mabyn, to One Month's Hard Labour.
WM. HODGE, and JOHN HARRIS, for stealing a mallard from Anthony KNOWLES, of
St. Erth, - Hodge to One Month, and Harris to Six Weeks' Hard Labour.
HENRY POLLARD, for stealing a pick, from John HENWOOD, of Padstow, Two
Months' Hard Labour. ANN MATTHEW, for stealing a loaf from William
NICHOLLS, of St. Columb, Two Month's Hard Labour.
GRACE BELLMAN, for stealing a pair of shoes from John THOMAS, at Camborne,
Three Months' Hard Labour. John EDWARDS, for stealing clothes from Richard
MENHENIOT, of Illogan, Four Months' Hard Labour.
JAMES PIPER, for stealing brass from the Hayle Railway Company, to Six
Months' Hard Labour.
ELIZABETH MICHELL, for stealing articles of dress from Wm. ANDREW, of
Tywardreath, to Six Months' Hard Labour.
WILLIAM BLEWETT, for stealing a donkey, from John PARRY, of Paul, to Six
Months' Hard Labour. In this case there was a prior conviction, but it had
not bee proved.
GRACE NICHOLAS, for stealing 11s. from Edward WILLIAMS, of Mullion, Six
Months' Hard Labour.
ANN KITTOW, for stealing a goose from Edward DAWE, of Launceston, Six
Months' Hard Labour.
WM. MARTIN, and ANN ALLEN, the first for stealing clothes, the property of
Edward KITT, of Antony, and the woman for receiving, knowing them to have
been stolen, were sentenced, the former to Nine, and the latter to Six
Months' Hard Labour. John BARTER, for stealing a sheep from Mr. JEFFREY, of
Antony, to Twelve Months' Hard Labour. One Month to be spent in Solitary
confinement. ANN STEVENSON, for receiving the property of Wm. DAVEY, Esq.,
of Redruth, knowing it to have been stolen, Seven Years Transportation.
THE CHAPEL CASE. SAMUEL STEVENS was called up to have the sentence of the
court passed upon him, when Mr. Bennallack immediately rose to move an
arrest of judgment. He said that looking at the statute under which the
defendant was prosecuted, it ought to be construed strictly in all its
points, and every condition precedent ought to be performed. A statute
might be penal in one part and remedial in another but the statute which was
the ground work of the present enquiry, was a penal and not a remedial act.
It was an act giving the penalty not to the informer, but after judgment, if
the party were legally convicted, the penalty went to the crown. But what
were the concluding words of the statue?-" Upon conviction of the said
offence he shall suffer the pain and penalty of GBP40" There it ended. Now
they know very well that all penalties were recovered in the courts at
Westminster. It was not said that there should be punishment for one year,
or till the crown was satisfied. Therefore, for these reasons, he said it
was incompetent for the court to pass any sentence on the prisoner. Mr.
Lethbridge. - We are not going to. Mr. Bennallack said, very well. It was
then his duty to get rid of this penalty. It was well known that there was
but one remedy, and the process was for that court to return the judgement,
and the amount of the penalty to the Sheriff of the county, whose duty it
would be to issue a precept to his bailiffs to levy the amount of the
penalty by distress of the goods and chattels of the defendant, so that the
sum may be returned to her Majesty's exchequer. It would remain a debt due
to the crown, and the man, if taken would be liable to imprisonment till the
debt was paid. And now as to the merits of the case. This act was made in
consequence of the preceding acts not having been sufficiently protective.
It was made in order that what was complained might be made sufficiently
explicit. This was a prosecution under an indictment, and an indictment
must be sustained by legal evidence. In this case, Mr. John had conducted
it with that legal ability with which he conducted all his cases; but he
(Mr. Bennallack) now contended that there was no evidence to support either
of the events of this indictment. The material allegations had not been
proved by such legal testimony as the act required. In the first place
there was no proof of this meeting house having been licensed at all. That
license which was exhibited in this court he considered a mere piece of
waste paper. It was a license not granted under the former act of
Parliament - and he was not quarrelling with the act as laid down by the
court, that if that license had been once duly registered, that was
sufficient. The act said that no congregation should be permitted to
exercise any acts of religious worship unless the place of meeting be first
certified to the bishop of the diocese, or to the archdeacon of the
archdeaconry, or to the justices of the peace at the general or quarter
sessions. Neither of these requisites had been complied with. Then, the
document produced was not read, and not having been read, the evidence was
not legal. He had called again his friend Mr. John to prove the entry of
this license by the Clerk of the Peace; he could not do it. He then called
upon Mr. John to give him an examined copy of this register, and he could
not do it. It was pre-emptory that every license obtained should be
registered once in a year at the court of quarter sessions. Now none of
these requisites had been complied with. His friend had not proved the
chapel to be duly certified, registered, credited, or recorded at all, which
the statutes required. For these, and for many other reasons, he asked the
court to construe this statute most strictly. The court had no power to
mitigate the penalty. If the defendant could not pay the sum named, the
power of imprisonment was not vested (?) in this or in any other court. The
fine must be recovered on the great roll, and would be returned as a debt
due to the crown. He claimed the discharge of the prisoner on the
insufficiency of the proofs of the offence, and on the other grounds that he
had stated. Mr. John was about to reply but was interrupted by Mr.
Lethbridge who said Samuel Stevens, you have been convicted of wilfully,
maliciously, and contemptuously disquieting and disturbing a meeting of
Protestant dissenters of Southill. It remains only for the court to read to
you what the Act of Parliament says on the subject, and that is, that you
are to suffer the pain and penalty of GBP40. And that is the sentence of
the court. The defendant here leaned over the bar and asked Mr. Bennallack
what he was to do now. Mr. Bennallack told him to be off, he defied any
body to touch him or prevent him leaving the court. Mr. EVEREAT, the
governor of the gaol, looked up to the bench for information. Mr.
Lethbridge said - And we have no authority to detain him. The defendant
immediately left the dock, to the astonishment of every one present. He
seemed not to know what to think of the matter, and from what passed in the
body of the hall, it was evident that every person the "pain and penalty" a
farce.
[END]
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