cornwall england newspaper
1843 NEWS ARTICLE
MARCH
3 MARCH 1843, Friday
APOTHECARIES HALL. On the 23rd ultimo, Mr. G. W. TRENERY, M.R.C.S., of
Penryn, passed a highly credible examination at Apothecaries Hall, and was
admitted a licentiate of the company.
ODD FELLOWS. On Monday last, a society of Odd Fellows was established at
the Britannia Inn, Hayle, denominated the "Duke of Cornwall Lodge," the
first and only one of the kind in the county.
THE INCOME TAX. In a parish on the eastern side of Falmouth harbour,
where the Income Tax to be collected amounts to between one and two hundred
pounds, the assessor, in the course of his duty, after walking one hundred
and four weary miles, collected 11s. 6d. This, we believe, is by no means a
solitary instance, as the assessors in general, who are allowed 3d. in the
pound, complain of earning very poor wages for their trouble. The tax is,
in truth, highly unpopular, and there will be great difficulty in collecting
it.
IMPORTANT TO BARBERS. The little sea-port town of Charlestown has always
been a noted place of residence for a gang of nondescript desperadoes, who
would do just as they thought proper, and take good care not to be found
out. One of these marauders, who has of late been serving in the capacity
of barber to the brute creation, during one of his nocturnal rambles in
search of customers, lighted on a poor donkey, on which he resolved to try
an experiment which had long been floating in his odd-looking noddle, viz.,
to use green paint instead of soap lather, which, we understand, fully
answered his expectations. But, joking apart, it is a pity that some of
those fellows who term themselves the "old pair," have not been made an
example of, as a warning to others.
IMPORTANCE OF THE PORT OF FALMOUTH AS A PACKET STATION. The "Iberia"
steamer left Falmouth, on Sunday evening last, after landing her mails, for
Southampton; and when within about 20 miles of that port, she carried away
one of the cranks of her engine. She had many ports under her lee,
including the much-lauded ports of Dartmouth and Plymouth, but she durst not
attempt to enter any of them, and ultimately, to the chagrin of the
commander, she was obliged to re-anchor in Falmouth, on the Tuesday
afternoon, there to wait while her machinery is repaired at the foundry of
Messrs. FOX, PERRAN.
MELLOOK HARBOUR OF REFUGE. On Tuesday, the 21st ultimo, a meeting of the
committee of the Mellook life-boat, &c., was held at the Tree Inn, Stratton,
the object of which was to receive the report of the engineer, who had
contracted for the removal of the rocks, &c., at the entrance of the creek.
It appeared from that gentleman's report, that the work was rapidly
progressing, and he expected it would be finished at the next spring tide,
when, at low water, the tide would be sufficiently far out to admit of its
being successfully resumed. A letter was also read from Mr. FLEETWOOD,
stating that he had purchased a boat, with all necessary materials, for the
sum of GBP21; and that it was then lying in the basin, at Bude, and open to
the inspection of the gentlemen of the committee and the subscribers. It
was deemed by some of the committee present who had seen the craft, an
excellent bargain - just the sort of boat adapted for fishing; and, previous
to the funds enabling them to purchase the life-boat, capable, if
well-manned, of rendering assistance in case any vessel should approach the
coast in circumstances of distress. A meeting was appointed to determine on
the best steps to be taken in order to secure her being worked during the
ensuing season, and thus to prove more fully the capabilities of Mellook as
a fishing-place. Some further subscriptions were announced by the
secretary.
CAUTION TO MARINERS - FALMOUTH, Feb. 26. The buoy on the Manacle Rocks
has shifted its position about a mile to the S.W. by W., and bears S. of the
largest or Western Rock of the Manacles.
NARROW ESCAPE. The brig, "Lord Oriel," WESTCOTT, from Falmouth for
Swansea, with copper ore, put into the Cove of Cork on the 20th instant.
The crew had a fortunate escape; they had their clothes in the boat, and the
pumps being choked, the vessel was sinking, and would have gone down, had
not the pilot run her on the Spit Bank.
PADSTOW, FEB. 21. This morning, the brig "Dasher," from Swansea, for
Portreath, was assisted into this port by a boat's crew, in a sinking state,
having been run into on the previous evening by a brig, name unknown.
ST IVES. The cargoes of the two schooners, the "Margaret," of Plymouth,
and the "Pearl," of Bristol, stranded here in the storm, on Saturday, the
18th ult., have been discharged, in order that the vessels may be repaired;
and the "Margaret's" cargo has been re-shipped on board the "Edward," for
Swansea.
TRURO POLICE. On the 23rd ult., Henry NICHOLAS, miner, of St. Blazey, was
charged with stealing a quantity of wearing apparel, the property of Peter
DONEY, of Saint Cleer, miner, and was committed to take his trial at the
next assizes.
On Friday last, William HAWKEN, mason, of Truro, was fined 40s. and costs,
for assaulting policeman FITZSIMMONS, in the execution of his duty, and in
default was committed to the house of correction for one month's hard
labour.
On Monday last, Henry JAMES, landlord of the coach and horses, Truro, was
charged with assaulting policeman FITZSIMMONS, and was fined 20s. with
costs.
The same day, John MITCHELL, of Kenwyn, labourer, and Benjamin LOWRY, of St.
Agnes, miner, were fined 5s. each, with costs, for drunkenness; and William
WILLIAMS, of Redruth, miner, was charged with profane swearing, for which he
was fined, and committed to the house of correction for sixteen days to hard
labour.
DISTRESSING ACCIDENT. On Sunday evening last, a boat being alongside of
the "Iberia" steamer, in Falmouth harbour, was driven into contact with the
ladder of the vessel and filled. The whole of the persons in the boat were
immersed in the water, which was very rough at the time, but they were all
rescued from their perilous situation excepting a little girl, about eleven
months' old, of the name of SPARGO, who perished in sight of her distracted
mother. The body of the child was found floating in the harbour the
following morning; and a coroner's inquest having been held upon it, a
verdict was returned of found drowned. The "Iberia" having waited, put back
in a damaged state, and landed the unhappy mother in a state of mental
derangement, occasioned by the melancholy death of her only child, from
which it is feared she will not soon recover.
SUDDEN DEATHS. An inquest was held at the Bell Inn, Lifton, on Monday
se'nnight, before Mr. A. B. BONE, coroner, on the body of Mr. John DYMOND,
builder, of Launceston, who, whilst on his way home from Lake, in the parish
of Lifton, suddenly fell down, and was a corpse in a few minutes. A verdict
of "Apoplexy" was returned.
A few days since, Mrs. J. SARGENT of Lezant, whilst employed in the dairy,
expired suddenly. The deceased was much esteemed, and her death is a deep
affliction to her family. Mrs. BODY, of St. Germans, sister to the
deceased, died two days afterwards.
CORONERS' INQUESTS. The following inquests have been held before W.
HICHENS, Esq., Coroner, since our last report:- On the 23rd ultimo, at
Leed's Town, in the parish of Crowan, on view of the body of Robert
BLATCHFORD, aged 16 years, who came to his death under the following
circumstances:- The deceased was a miner, and worked at Wheal Providence
mine, in the parish of Gwinear; and on the 21st ultimo, was employed at the
surface in landing stuff from the 8 fathoms level, under the adit, a
distance of about 30 fathoms, when he accidentally fell into the shaft, and
thereby received such injuries on his head as to occasion his instant death.
Verdict, "accidental death."
The following inquests have been held this week before J. CARLYON, Esq.,
coroner:- On Tuesday, at cross-laser[?] in the parish of Kew, on the body
of Stephen NAIL, aged eight months. The grandmother of the deceased, under
whose care he had been placed for the last four months, was in the act of
dressing him on Monday morning last, when he stretched himself out quite
still, became black in the face, and died almost immediately. He had had
attacks of a similar kind before, but not as violent. The jury were
perfectly satisfied, from the evidence, that every care had been taken of
the deceased, and returned the usual verdict - Visitation of God.
On the same day at Carharrack, in Gwennap, on the body of John BROWN, aged
12 years, who was killed at one of the [jigging?] machines in Consols mine.
The machine in question was worked by a water-wheel to which water was
conveyed by a launder. On Monday last, the deceased ascended a ladder near
the water-wheel to remove some obstruction in the launder, when he
overbalanced himself, and fell between one of the arms of the wheel, and the
wall, at the wheel pit, where he got jammed, and was so seriously injured
before he could be extricated (which was done as soon as possible) that he
survived a few hours only. Verdict - Accidental Death.
On the following day at Penryn, on the body of Bathsheba HELLARD, an old
woman 82 years of age, who was knocked down and driven over by a cart laden
with dung, as it was going down over the steepest part of St. Thomas-street,
on Thursday, the 23rd ultimo. Her thigh was dreadfully fractured, and she
received an extensive contused wound in her forearm besides other bruises.
She died on Wednesday morning. No blame whatever could be attached to the
driver of the horses; the street was very narrow at the place where the
accident happened, and he was obliged to haul in close to the pavement,
which was only about a foot and a half wide, to allow another cart to pass,
which was coming up the street. Verdict - Accidental Death. - Deodand on
the cart and horses, 6d.
SCILLY - The "Lionesse" mail packet, running between Penzance and Scilly,
agreeably to a recent arrangement with the Postmaster General, will in
future sail from Scilly for Penzance (wind and weather permitting) on
Mondays, at 11 a.m., instead of Tuesdays, at 9a.m., as heretofore. This
alteration, which will commence on Monday next, the 6th instant, has been
made in order that a return post may be received from London within the
week. The French brig. "St. Louis," from Bordeaux for Dunkirk, with a
general cargo, has put into Scilly. The cargo must be discharged, as the
vessel is leaky, and has otherwise received considerable damage,
particularly in the sails. She has also had a man overboard.
NOTICE - Mr. Matthew SYMONS, Deceased. All Persons having any Claims on
Mr. Matthew Symons, late of the Plume of Feathers Inn, in the Parish of St.
Agnes, deceased, are requested to send particulars thereof to me, within one
month from the date hereof. And all Persons Indebted to him are required to
pay the amount to me without delay. WILLIAM TEAGUE, Trustee under the Will
of the said deceased. Dated, Wheal Ann Mine, Wendron, February 28, 1843.
10 MARCH 1843, Friday
BODMIN. We sometime since informed our readers that the old workhouse at
Bodmin, was likely to be devoted to public purposes. The committee which
was appointed, has continued its sittings from that time to the present, and
on Tuesday last, presented their report to a public vestry. The
rate-payers, without a division, adopted the report, and empowered the
committee to proceed with the necessary arrangements for fitting up a
dispensary for the sick poor, and a literary institution, comprising a
news-room, a library, a museum, and a lecture room. The objects in view
have been liberally supported by Lord VIVIAN, the members for the borough,
and T. J. A. ROBARTES, Esq., of Lanhydrock-house; and the most praiseworthy
feeling is displayed towards the undertaking, which is confidently expected
to secure a most desirable addition to the comforts of this now unlighted
town.
SUPERIOR WORKMANSHIP REWARDED. On Saturday last, a gold laced hat was
presented by Captain PACKEY, Mr. TREFFRY'S principal mining agent, to Simon
UREN, timberman, of Par Consols mine, in the presence of three hundred men,
for the diligence and superior workmanship he had displayed, particularly in
Treffry's North Engine Shaft, which is considered not to be equalled in the
county; and a further promise was made him, that should a vacancy occur in
any of their large mines for a pit-man, if he continued his exertions, he
would have the first chance of that situation.
RECHABITE FUNERAL. On Sunday last, a person named TONKIN, of St. Blazey,
about 31 years of age, who had died on the Friday preceding, was brought to
St. Austell to be interred; and being a Rechabite, the members belonging to
St. Austell, Lostwithiel, Fowey, and St. Blazey tents[?] mustered, to the
number of about 250, and marched in procession, the distance being about
four and a half miles. On the coffin lay the sash and rosette belonging to
the deceased. This being the first Rechabite funeral in that neighbourhood,
it drew together a great concourse of spectators, which, by the time they
reached St. Austell church, must have amounted to from three to four
thousand.
WRECK OF THE "JESSIE LOGAN," - On the 1st inst., a sale was held at Mr.
AVERY's stores, Boscastle, for disposing of the cargo and materials saved
from the ship "Jessie Logan," which was wrecked there on her voyage from
Calcutta to Liverpool. The articles saved formed but a small proportion of
the cargo, and consisted of cotton, dye wood, horns, &c., &c. There was a
full attendance, and most of the articles sold at good prices.
SUPPOSED INCENDIARIESM. On the night of Monday week, as the men belonging
to the coast guard were passing near Pentwean, they discovered a fire at a
distance, which, on approaching it, proved to be a hay-stack belonging to
Capt. PRICE, R.N., of Pentewan. An alarm was immediately given, and every
exertion possible was made to extinguish the fire, but all without effect.
The stack continued burning until it was entirely consumed. There is every
reason to believe the fire was the work of an incendiary.
ACCIDENT FROM FIRE ARMS. On Friday last, Mr. James PLOMER, of Helston,
very narrowly escaped a fatal accident while shooting rabbits at Penrose,
with the game-keeper of the Rev. Canon ROGERS. Mr. Plomer had a
double-barrelled gun, one of the barrels of which he had just fired; and
whilst reloading it, the other barrel went off, and blew off both his
thumbs. Some shots skirted his face, and went through the brim of his hat.
ANOTHER CHILD BURNT. On Saturday last, the wife of John ROBINS, of
Trevithian, in the parish of Gerrans, went into the garden, leaving her
little boy, not two years old, alone in the house; and during her absence
the child caught his clothes on fire, and was so dreadfully burnt that but
faint hopes are entertained of his recovery.
CORONER'S INQUESTS. Manslaughter. On Friday last, an inquest was held
at the White Hart, Truro, before John CARLYON, Esq., coroner, on the body of
a young man, named Henry Lenton CLARK, who came by his death under
circumstances which will be found detailed in the evidence. William DAVEY
stated that he keeps the Pelican public-house, in Calenick-street, Truro;
and that the deceased was at his house several times on the previous day.
He first came between nine and ten in the morning, and left about twelve or
one. He returned again about four, and found Henry LEVERTON and some other
persons there. Shortly afterwards witness heard John BROWN say that
Leverton and deceased had had a bit of a fight, but witness saw nothing of
it. They all left the house before six o'clock; but about that hour witness
was standing in his door-way, when deceased came down the street and
apologised to him for having used abusive language to him in the morning,
and asked witness to let him have a pint of ale, and to think no more about
it. Deceased appeared to be sober then, but he was tipsy when he left the
house; he was by himself, and went into the tap-room or kitchen. Wm.
WATERS, Henry TOM, and two countrymen were there. As soon as he entered the
room he said to Wm. Waters, "now, Mr. Billy Waters, I should like to give it
to you. You took the advantage of me one day when I was drunk, but now I
should like to give you a receipt for it." Witness told him he ought to
know better, and Waters said he ought not to speak to him in that way, as he
(Clark) was a man. Deceased replied "I shall have something to say to you."
Witness told him if he was not quiet he should have no beer. He said that
if witness would let him have a pint of beer he would be quiet. Witness
went to fetch a pint of beer for him, but during his absence he and Waters
began quarrelling, and several people came into the house. This was near
seven o'clock. When witness returned to the room he saw Ann PASCOE,
Elizabeth BAMFIELD, and other women there, but he did not know who they
were. There were several men there besides. As witness entered the room,
both the deceased and Waters were on the floor scuffling. Waters got up
first, and deceased was picked up by Leverton and Franklin. Ann Pascoe laid
hold of the poker and swore she would cut Waters's head open if he touched
Clark any more. Henry Tom took the poker from her, and struck her with the
back of his hand on the seat. Witness then took the poker from him, and
handed it and the tongs and shovel to the servant; who took them away.
After this, witness took Clark outside the door, and told him to wash his
face and go home. His face was bleeding, and whilst washing it, Clark heard
Ann Pascoe and Henry Tom inside quarrelling, and he returned to the room
again, and going up to Tom, said he should give it to him too. Tom said he
had better not. Deceased they went forward and struck him in the face. Tom
returned the blow and hit Clark near the mouth. Blows might have passed
between them after this, but he was not sure that any did. Neither of them
fell to the ground. Witness took hold of Clark, and desired Wm. Gregory to
fetch the police. This was about eight o'clock. Most of the parties then
left the house, so he then desired Gregory not to go. Ann Pascoe, another
woman called Anthony, and deceased still remained. Deceased leaned his head
on the table, and appeared to be inclined to stop. Witness desired him to
go home, but he would not, and shortly afterwards several of the parties,
who had left the house when they heard witness send for the police, returned
again, and they all had several quarts of beer among them.
There was no more fighting. About ten o'clock, Ann Pascoe left the house
and Harry Clark followed her. When witness took Clark out to wash he was
bleeding at the mouth and nose. He had an old wound in his forehead, and he
told witness that when he fell he fell on this wound. Witness saw no blows
given with pewter pots, or anything except the fists during the day. Ann
Pascoe was next examined, and she gave evidence which, though much more in
detail, was to the same effect. With respect to the fighting which proved
fatal she detailed the fight with Leverton, and then added that about four
o'clock, Wm. Waters and Henry Tom came into the Pelican and sat down on the
settle. Some months ago Waters and Tom had ill-used Clark, and on Thursday,
when he was tipsy, he told Waters he had an old grudge against him, and
challenged him to fight it out. Waters immediately rose up from the settle,
and knocked Clark down. He knocked him down three times. Witness then said
to Waters if he continued to beat Clark so, she would cut his head open with
anything she could find. She did not take up the poker, and some one kept
her back. Clark was put out at the back door. Whilst he was out, Tom
struck her two or three times, and when Clark returned, he asked Tom what he
had been striking her for. Tome made no reply, but immediately struck Clark
in the face, and knocked him back against the settle. As soon as he rose,
he knocked him down again and afterwards took hold of him by the hair of the
head and dragged him round the room, and then again beat him. Frank COCK
parted them. Witness then took Clark into Harriet Pascoe's house, which was
a few doors off. This was about seven o'clock. He then leaned his head
upon the table, and appeared to be in great agony. They remained there
about three quarters of an hour. She then left him, and went to the Pelican
to see for Sally ANTHONY, who lived with her. When they got down in the
street, Clark let go her arm, and again went to the Pelican. They went in
with him; no more fighting took place. Clark and herself left the house a
little after ten. Sally Anthony had left a short time before. On their way
home they fell in with Eliza CHENODDEN, and she asked her to assist her in
putting him home; she did so; and just as they got inside her door, Clark
fell or went to sit down on the stairs. They got him up on his legs and
lifted him on a chair, and from thence to the bed. Witness took off his
neckcloth and shoes, and laid down alongside of him with her clothes on, and
went to sleep; she awoke about six o'clock that morning, and found him lying
by her side in a gore of blood. She tried to move him but could not do so.
She then called to Sally Anthony, who slept in the same room, and said she
believed that Harry Clark was dead. She then called a neighbour, and Mr.
SPRY, surgeon was sent for. He came in a very short time, and pronounced
Clark to be dead. When Clark went to bed the night before, he was not
bleeding, but his eyes were so swollen that he could scarcely see, and he
had several bruises about his head and neck. Each time that he was knocked
down at the Pelican, it was done by the fits. She thought Tom struck him
the most, more than Waters. Elizabeth Bamfield corroborated the evidence of
Ann Pascoe, except as to the deceased having been dragged round the room,
which she did not see. Joseph KNIGHT stated that he went to the Pelican
about six in the evening, and saw the fight between Waters and Clark, and
between Tom and Clark. Clark was senseless both after his fight with Waters
and after his fight with Tom. Sally Anthony confirmed the evidence of Ann
Pascoe, as to what occurred in the bed-room on the morning that Clark was
found dead.
E. J. Spry, Esq., said he was called to the deceased between six and seven
that morning, and found him lying on his side in bed. He was then dead, and
had been so about two hours. A large pool of blood was in the bed, which
appeared to have escaped from his nose. He had since, by the coroner's
order, examined the body; examined the head very carefully, and then removed
the skull, in order to examine the brain, which was in a state of the
highest congestion, but presented no marks of lesion until he reached the
base of the brain, where there was an effusion of bloody seram, amounting to
about an ounce; and on depressing the head, about twice that quantity
escaped from the theca vertebralle [?]. There was great swelling of the
integuments[?] over the forehead, eyes, and nose, and on removing these,
very extensive [......?] were noted, extending into the orbit. There was an
old wound on the left side of the forehead, over which the skin had been
broken. The bones of the nose were broken and bent inwards, but there was
no fracture of the skull noted[?]. There were several bruises about the
neck, but no fracture or displacement of the vertebrae. Many heavy blows
must have been received by the decreased - some appear recently inflicted
with an obtuse instrument, which would account for the deep-seated bruises
and injury to the [..?] He considered that death was occasioned by the
great pressure on the brain, resulting from the effusion before mentioned, -
the combined effect of long-continued [..cation?], and severe concussion of
the brain from heavy blows. This being the whole of the evidence, the jury
found a verdict of "Manslaughter" against William Waters, and Henry Tom, who
were both committed on a coroner's warrant to take their trial at the next
assizes.
On Wednesday last, an inquest was held at Penryn, before the same coroner,
on Francis TRELOAR, landlord of the Dolphin Inn, aged 42, who had cut his
throat and afterwards hung himself. It appeared from the evidence that the
deceased was seen hanging in the hay loft at the back of his premises on
Tuesday, and on being taken down, a cut of about four inches in length was
observed under his left ear, towards his throat. From traces of blood it
appeared that he must have inflicted the wound in his stable and afterwards
gone into the loft and hung himself. The deceased had for some past
entertained a notion that he was coming to extreme poverty; and the jury
having no doubt that he was insane, returned a verdict accordingly.
The following inquests have been held before W. HICHENS, Esq., coroner,
since our last report. On the 1st inst., in the parish of Illogan, on the
body of John STONEMAN, aged 14[?] years. The deceased was a miner and
worked at Carnbrea mine, in the parish of Camborne. On the 27th inst., he
was at his labor in one of the shafts in that mine, when he fell from the 80
fathoms level, about 6 or 7 fathoms, and was killed on the spot. Verdict -
Accidental death.
On the 2nd instant, in the parish of Ruan Minor, on the body of William
BOUCHER[??] aged 21 years, who was found dead on the 1st[?] instant, in a
marl pit, in that parish. The deceased had been subject to fits for many
years, and some times had two or three in a day. It is supposed, therefore
that while labouring under one of them he fell into the pit. Verdict
accordingly.
On the 4th inst., in the parish of Ludgvan, on the body of Johanes
MARTINS[?] aged [..?] years and five months, who died on the 2nd inst., from
injuries received on her head on that day, through being knocked down and
trampled on by a horse, which was being driven by a gentleman in a gig,
whilst the child was attempting to cross the road. It appeared that not the
slightest blame was imputable to the gentleman, as he was driving very
slowly, and he might therefore had possibly pulled up in time to have
prevented the accident, but he thinks he was employed in putting his purse
in his pocket at the time (having just before paid the turnpike,) and did
not therefore see the child. Verdict - Accidental death.
On the same day, in the parish of St. Just in Penwith, on the body of Joseph
WELLINGTON, aged 17 days, who was found dead in bed by the side of his
mother, on the 2nd instant. Verdict accordingly.
On the same day, in the parish Germoe, on the body of Wm. EADE, aged 35
years, who was killed in Great Work mine in the parish of Breage, by means
of the sudden explosion of a hole which he was preparing for blasting, and
whereby he received a fracture of the skull, of which he instantly died.
Verdict - Accidental death.
On the next day, in the parish of Camborne, on the body of Catherine TERNBY,
[might be Temby?], aged 5 years and 7 months, who caught her clothes on fire
on the 2nd inst., in the absence of her mother from her house for a few
minutes, who had gone out to fetch some water, and died on the same day.
Verdict - Accidental death.
On the 6th inst., in the parish of Breage on the body of Eliz. RICHARDS,
aged 4 years and 8 months, who also caught her clothes on fire on the 2nd
inst., when the person who was left in charge of her and another child left
the house for three or four minutes. The deceased died on the same day.
Verdict - Accidental death.
On the same day, in the parish of Sithney, on the body of Wearne DUNSTAN,
aged 26 years. The deceased worked at Wheal Vor, in the parish of Breage;
and on the 2nd instant, was in the act of charging a hole for the purpose of
blasting a rock, when it suddenly exploded, and deceased received divers
injuries on his head and throat, of which he died in about two hours
afterwards. Verdict, accidental death.
SCILLY. The "Triton," WAKEM, master, which has taken in the cargo of the
late brig "Emma," wrecked here, is ready to sail for Liverpool. The great
quantity of goods, of various descriptions, distributed amongst the poor
inhabitants, to be washed and dryed, has been returned with great accuracy,
scarcely a piece being lost or missing, notwithstanding the great confusion
and [...?] in their delivery from the wrecked vessel. The brig "Iberia" and
"Zero," for some months in this port, under repairs, are also ready for sea
and will sail in the course of this week for Gibraltar and Barcelona.
IMPORTANT TO PERSONS APPLYING FOR MARRIAGE LICENCES. We understand that
Surrogates in this Diocese will not in future grant licences, except in
those cases in which they have personal knowledge of the parties as to their
residence, age, and other circumstances of possible legal impediment, until
there has been time for them to receive information from the Principal
Registry of any caveat that may have been entered against the proposed
marriage. Parties in haste to tie the know had better, therefore, apply in
time.
SIGN OF THE TIMES. The contract for the supply of Ox Beef for the Navy,
at Falmouth, has been taken at 34s. 6d. per cwt.!!! Last year it was taken
at 45s. 6d. per cwt.
FALMOUTH CHURCH. We understand the Rev. Mr. COOPER of Stonehouse, who
preached at this church on Sunday last, is to act as curate for the Rev. W.
J. COOPE, during the absence of that gentleman on the continent.
17 MARCH 1843, Friday
RUMOURED MARRIAGE. It is said that W. RASHLEIGH, jun., Esq., M.P. for the
Eastern Division of this county, is about to head to the hymeneal[?] altar
Miss STUART, eldest daughter of the late Major-General, and sister of the
present Lord BLANTYRE, of Lennoxtowe[?], East Lothian, and Erskine,
Renfrewshire N.B. The Bride elect is with her relations at one of the
ancient family seats in Scotland, where the forthcoming nuptials are
expected to take place towards the end of this month.
DISASTER AT SEA. On Monday last, the "Providence," one of the Newlyn
fishing boats, landed at Penzance Capt. LANCASTER and three of his crew, who
sailed from London for Gibraltar and Barcelona in the "Hope," of Hull, a
short time ago. It appears that the "Hope", encountered a heavy gale of
wind off Capt Finisterre, and was thrown on her beam-ends, when the mate and
one man was washed overboard; the latter fortunately reached the vessel
again and was saved, whilst the former, whose name was John VINCENT, met a
watery grave. Ultimately they were under the necessity of cutting away her
masts, which had the desired effect of righting her; and a jurymast having
been rigged, after beating about for some days, they fell in with a French
vessel 50 miles west of Land's-end, bound to Newfoundland. Finding their
vessel was making water rapidly, the crew abandoned the "Hope," and got on
board the Frenchman, by fastening a line which was thrown to them round
their waists and jumping overboard. The fishing boat fell in with the
Frenchman shortly after the men were taken on board.
CORNWALL INFIRMARY. On Friday last, the novel operation of dividing the
Ham-strings, as they are popularly called, for the cure of a contracted
knee, was performed here, in the presence of the medical staff of the
hospital, by Mr. SPRY. The patient was an interesting young woman, aged 14,
from the parish of Madron, who had been, for the last three years, suffering
from a gradual contraction of the joint, until the leg was ultimately bent
to more than a right angle upon the thigh. The usual plans for overcoming
the rigidity having proved unavailing, she was advised to submit to the
operation above described, viz., the subcutaneous section of the fluxor
tendons of the leg, to which she readily consented. It did not occupy more
than a minute in its performance, was attended with little pain, and was
followed by the escape of only two or three drops of blood. On the third
day, the divided parts had healed so perfectly as to allow of the extension
of the limb, which is now fast recovering its natural figure. Formerly
amputation was the only remedy of which the case admitted, and the removal
of such a deformity by section of the resisting tendons is justly regarded
as one of the greatest triumphs of modern surgery.
THE CHURCH. The Rev. Mr. MARSHALL, of Exmouth, will officiate at Falmouth
church, during the absence of the rector, the Rev. W. J. COOPE, and not the
Rev. Mr. COOPER, of Stonehouse, as we stated last week.
FLUSHING. The Rev. R.B. KINSMAN, A.M., has been appointed to St. Peter's
Flushing, which has been constituted a Perpetual Curacy, with Flushing,
Tregew, and Trefusis, from its district.
APPOINTMENT. The Rev. Henry GOUGH, M.A., late assistant curate of St.
Mary's Penzance, has been appointed head-master of the Cathedral School at
Carlisle, by the unanimous voice of the Dean and Chapter. The number of
candidates was 14.
WESLEYAN ASSOCIATION. On Thursday the 9th, and on Sunday the 12th
instant, a neat and commodious Wesleyan Association Chapel was opened for
public worship in a densely-peopled part of Bodmin. This building has been
erected on the site of a Nonconformist place of worship, formerly raised for
an eminent minister, Mr. Henry FLAMANK, who was ejected in 1662, for non
conformity, from the rectory of Lanivet, by the Bartholomew act, which
proved so injurious to the establishment and to the cause of religion
itself. The religious services were conducted on the 9th, by Mr. SAYER,
association minister of Camelford, who preached in the afternoon, and by Mr.
HULME, independent minister, of Bodmin, who in the most liberal manner
afforded his valuable assistance, by preaching an impressive discourse in
the evening. Mr. PATTERSON, association minister of Liskeard, having
commenced the service by giving out the hymns, reading the scriptures, and
prayer. At the close of Mr. Hulme's discourse, a neat and suitable address
was given by Mr. ROBINSON, association minister, of Camelford, on the
distinctive position which the association has taken in the midst of the
other dissenting churches. On the Sunday, Messrs BAILEY and JENNINGS, of
Camelford, preached, - the former in the morning, and the latter in the
afternoon and evening, to large and attentive congregations. The services
throughout; bore a very interesting character, the attendance being full,
and on some occasions crowded. The sums contributed after the different
services were truly liberal, the pressure of the times being considered.
METHODIST NEW CONNEXION MISSIONS. On Thursday evening, the 9th instant, a
missionary meeting was held at Hugus, at which Mr. CARNE presided, and
speeches were delivered by the Rev. W. MILLS, and by Messrs. VENNING,
COURTENAY, MAY, HALLET, and PENNA. The collection with that at the
missionary sermon on the previous Sabbath, was thrice the amount obtained
last year. A similar meeting was lately held at Idless, when the chapel was
crowded, and the collection was double the amount of last year. Mr. CARNE
presided, and several of the persons named above, with the others, took part
in the proceedings.
FATAL ACCIDENT AT SEA. On Friday morning se'nnight, about two a.m., as
the "Dove," of Exeter, was beating up the Bristol channel, off St. Ives, the
captain having directed the foretop galliant[?] sail to be taken in, a boy,
named Wm. GOSLING, and a man went up aloft to furl it, and whilst the boy
was sitting in the top, he unfortunately fell overboard. The brig was
instantly hove all a-back, and the boat at the stern lowered, but it being
very dark, although the men heard his cries for about five minutes, they did
not succeed in finding him.
WRECK. The "Truro," of Truro, CARTER, master, bound from Newport to
Truro, with coal, ran ashore on the Mumbles Point, on Sunday evening, in a
fog. The crew were saved, and all their clothes and stores, but it is
supposed that the vessel will go to pieces.
SUPPOSED WRECK. On Thursday, Friday, and Saturday last, the Penzance
fishing boats landed and deposited in the bonded cellars at that port, 133
casks of claret wine, 3 of brandy, and 1 of spirits of turpentine, which
they fell in with floating on their passage from Plymouth. It is said that
a piece of wood bearing in gilt letters, apparently a port of a word, vis;
"Armin" was found floating near the casks; and it is generally supposed that
a Dutch galliot has lately foundered, considerable quantities of similar
articles having been picked up at sea and taken into Falmouth and Plymouth.
SMUGGLING. On Thursday night, the 2nd instant, Mr. JAMES, the Comptroller
of the port of Gweek, with his men, captured in Helford river, a vessel
having on board 125 kegs of brandy, which have since been lodged in the
Custom-house of Helford. The smugglers were also taken, consisting of one
English and three French men.
STRATTON. A case of gross and aggravated trespass came before the
magistrates here on Tuesday last. The complainant, Mary HOOPER, a single
woman, residing in the village of Week St. Mary, was forcibly ejected from
her house by several parties named: John FEATHERSTONE and wife, Michael
FEATHERSTONE, Thos. SPRY, and others, after which, they (having set up some
claim to the premises) proceeded first to unroot and then to pull down the
house. The complaint was conducted by Mr. ROWE, who in stating the case
observed, "that without claiming for our county a more than ordinary
character of [p.............?] and sobriety, he did suppose that in Cornwall
every man's house was held to be his castle, that he might dwell therein
undisturbed and in safety, and that it was left to the turbulent spirits of
the north to exact such [......?] as he had to complain of." After
detailing the particulars of the case, he stated that although he considered
the parties were probably liable to an indictment for the capital offence of
"riotously demolishing," he would not press the case with such severity, but
that should he be able to make out the charge, without calling in the
testimony of the aggrieved parties, so that the fine might be awarded to
them as a compensation, he should be content to proceed for wilful and
malicious trespass; but in case such testimony were necessary, he would ask
the bench to bind over the parties to appear at the quarter sessions to
answer any bill of indictment for a riot or forcible entry. After hearing
the evidence, the parties were convicted of the trespass and two of them
were fined to the extent of the jurisdictions, (�5 each,) and the others in
�3, with expenses. The Rev. Mr. DAVIS, in awarding judgment to the bench
stated that during the 30 years he had sat thereon, it was the most gross
and wanton case that had ever come before him. The parties without setting
up an [......?] arranging anything in palliation, had turned an unprotected
woman out of her house, when perhaps, for what they knew, she had no other
place for shelter, and had broken in pieces her few articles of furniture;
and that they might consider themselves extremely fortunate that the
complainant did not press to have the case sent to the sessions. It was
stated that the same parties had used threats to demolish another house in
the same village, but it is to be hoped that the severe lesson taught them
will effectually put a stop to such lawless proceedings.
TRURO POLICE. On the 9th instant, Eliza CHENODDEN, of Truro, was charged
with disorderly conduct, and was committed to the House of Correction for
one month's hard labour.
The same day, James TOOSE, chair-maker, was charged with stealing a silver
watch, the property of Emanuel COHEN of Falmouth. The case was adjourned,
the prosecutor not appearing.
On Monday last, Elizabeth BELL, of Truro was charged with stealing 8s., the
property of Francis MITCHELL, of Kes,[?Kea}, miner. The prisoner was
discharged, the prosecutor not appearing.
Charles SECCOMBE, Samuel SECCOMBE, and John SECCOMBE, of St. Agnes, miners,
were charged, the two former with disorderly conduct and assaulting the
police, and the latter with being drunk and disorderly. They were each
fined 5s. with costs.
John THOMAS, labourer, of Truro, was charged with being drunk and
disorderly, and was discharged on payment of the costs. He was afterwards
charged with assaulting John SECCOMBE, and fined 4s.[?] with costs.
The same day, Robert CAF�, [?], a shoemaker of Pydar-street, was charged
with having committed an assault upon Ann LIDDICOAT, a young women, servant
at the Pelican public-house, in Calenick street, Truro, on the previous
evening. It appeared that the prisoner went to the Pelican and took
liberties with the servant, who resented the insult; he then took from her
the bellows with which she was blowing the fire, and threw them at her while
she was leaving the room. She received a blow on the back part of the head,
which knocked her down, and she remained insensible for a quarter of an
hour. The blow exposed the bone, and severe symptoms following, she
remained in a very dangerous state for some days. On the evidence of Mr.
Spry, surgeon, as to her critical state, the prisoner was remanded.
On Wednesday last, John LOCKETT, of Truro, labourer, was charged with
stealing a brass pan, the property of Abraham WATERS, of Newham, farmer, the
prisoner was remanded until Saturday next, for further examination.
FALMOUTH POLICE. On Monday last, three of the crew of H.M. packet
"Ranger" were charged with having attempted to smuggle a small quantity of
foreign tobacco. They were fined 2s. 6d. each, and costs, and in default of
payment two of them were committed to the town gaol for a week.
CORN STEALING. On Wednesday morning, the 8th instant, Mr. Charles
MENHINNICK, of Amble, in the parish of St. Kew, discovered that a daring
robbery had been committed in his barn from which at least 20 bushels of
wheat had been taken. A search-warrant has been procured, and we understand
a clue has been obtained which is likely to lead to the discovery of the
thieves.
CAUTION TO MINERS. On Monday, the 6th instant, as Thomas NICHOLLS, a
miner was at work at Levant mine, he accidentally holed into a part of the
mine that was not at work at the time, and fell apparently dead from
breathing the foul air. His comrade went immediately and fetched seven more
men to his assistance, who, as soon as they entered the place, all fell in
the same manner, and lay for some minutes. Purer air, however, soon
followed when the poor fellows revived, and are now all able to return to
their labour.
SHOCKING ACCIDENT. On Wednesday, the 8th instant, Mr. Richard ROWSE of
Trelawder, in the parish of St. Minver, was thrown from the cart on which he
was riding, and a quantity of bricks fell on him, which severely bruised his
body, and broke three of his ribs.
CORONER'S INQUEST. On Tuesday last, an inquest was held before John
CARLYON, Esq., at Mr. David VERCOE's, Castle-street, Truro, on the body of
Elizabeth LANCE, wife of Walter Lance, shoemaker, who was found dead in bed
that morning. Mary Lance deposed as follow;- I am mother of Walter Lance;
he lives at the top of Pydar-street, I live in Union-street. I saw deceased
last alive on Monday evening between seven and eight o'clock. She was very
ill all Monday morning, and I called in Dr. PADDON, who sent her some
medicine and applied a blister to her chest. In the evening when I left,
she told me she was better. This morning my son came and called me out of
my bed, and said his dear wife was dead. He said he had given her some
medicine about one o'clock, that she then got out of bed, - that he
afterwards, about four o'clock, heard her still breathing, but that when he
again awoke and got up he found that she was dead. Deceased was about 45
years of age. Witness stated that she immediately dressed herself and went
to her son's. Dr. Paddon stated that when he saw deceased, he found her
labouring under all the symptoms of acute inflammation of the lungs, but the
latter state; and upon inquiry he found that she had been the subject of
severe pain in the side, great expectoration, and cough, for a week. He
blamed her for not sending for medical assistance before, and she said she
did not send earlier because she was subject to asthmatic affections of the
chest, and she thought it would pass away as before. She was in such a
state of extreme debility that it was useless to bleed her or to use any
active means of depletion, further than giving her medicine and applying a
blister to her chest. He thought that she was in a dangerous state and told
her so. He believed the cause of death was the accumulation of mucus in the
chest during the time of sleep, her debility being so great as to prevent
her rising in the bed to expectorate freely; and that produced the same kind
of death as suffocation. He thought her death was a purely natural one.
Verdict, - Died by the visitation of God.
On the 9th instant, an inquest was held at Lostwithiel, on the body of a
child three years of age, named John PHILLIPS. It appeared that two days
preceding, the child's mother left her home for a short time, and put out
the fire, as she thought, but the child applied potatoe stalks to some
burning cinders, and in doing so ignited his clothes and ran into the
street, where he was met by a woman, who wrapped her apron round him, and
subdued the flames. The clothes were immediately taken off, but the child
only survived a little more than a day.
24 MARCH 1843, Friday
ORDINATION. At an ordination held at the Cathedral Church of Salisbury,
on Sunday, the 12th instant, the following gentlemen were admitted into holy
orders, by Letters Dismissory from the Lord Bishop of Exeter:- Deacons -
Thomas Edward SYMONDS, B.A., Lincoln College, Oxford; John COVENTRY, B.A.,
Magdalen Hall, Oxford; John HASLAM, B.A., University College, Durham;
Henry Raymond FORTESCUE, B.A., Exeter College, Oxford. Priests - Francis
COURTENAY, M.A., Exeter College, Oxford; Samuel Arscott HOWARD, B.A.,
Exeter College, Oxford; Hugh Henry MOLESWORTH, B.A., St. John's College,
Cambridge.
IMPORTANT TO SURROGATES. We are authorised to inform surrogates that the
most proper course for them to observe and follow will be, on any
application for a licence, to take the necessary instructions, fill up the
affidavit, and swear the party to truth, and then to instruct him to call
again, or send, any time after the arrival of the next day's post; and if no
notice of a caveat have been received by that post, to send or deliver such
licence that it may be acted upon.
LATE POST OFFICE ARRANGEMENTS. We stated a fortnight ago, that the
Telegraph coach, which runs between Falmouth and Devonport, was about to be
made a mail for the conveyance of letters between those two towns. It
appears, however, that it is only, at present, a mail for Devonport to
Bodmin, and the old route for letters from Truro and the other towns west of
Bodmin, to Devonport or Liskeard was Launceston and Tavistock, is continued
for all letters posted in the evening; while those that are posted after the
north mail bags are made up, are forwarded by the Telegraph, and arrive at
Liskeard some hours earlier. This arrangement is so absurd on the face of
it, that it cannot long continue, and we hope soon to hear of the
inhabitants in the towns on the southern line enjoying all those facilities
of communication which have been afforded to the other towns in Cornwall.
POST OFFICE AT LADOCK. We understand that a branch post-office has been
established at Ladock, which will prove a great convenience to the numerous
respectable yeomanry and other inhabitants of that district.
CAMELFORD FAIR. The fair here, on Friday last, was well supplied with
cattle, and there was also a large attendance of people looking and talking
one with another, the depression of the times being the general topic. Very
little business was done, and at prices ruinously low. Several disorderly
persons were lodged in the clink during the night, and the following day,
the Rev. Saml. CHILCOTT, justice of the peace, for Otterham, sat, when
Thomas BLIGHT and John DAVIS were committed for trial at the assizes for
picking the pockets of a poor man, called GREEN, of a watch and five
shillings. Davis is a shrewd young man, and stated that he belonged to
Exeter; Bligh belongs to Camelford, and has been in gaol before. A young
man, called Joseph BRENT, was also bound in two sureties to keep the peace
for twelve months, having assaulted the police.
LAUNCESTON. It is intended to open the new butchers market, lately
erected in this town by Mr. HUNT, builder, on Saturday next. The stalls
were offered to public competition last Saturday, and many of them were let
at very high prices.
INCOME TAX PROCEEDINGS AT HELSTON. We gave some time ago, an account of
the manner in which the Income Tax act had been carried out in the town of
Helston; and we now learn that Mr. Charles READ, one of the oldest and most
respectable tradesmen in the borough, who had been surcharged to the
enormous amount of �800 a year, has had some of his shop goods seized by the
Assessors, accompanied by the Police, in order to meet the demand made on
him by the government officials. Mr. Read, it will be remembered, had given
notice of appeal to the surveyor; but, finding, as we understand, that
several very respectable tradesmen had been subjected to the most
humiliating examinations, and after all were not credited by the
commissioners on their solemn oaths, he declined appearing before them, and
determined to make an appeal to the commissioners of taxes in London. He
found, however, that his appeal was in vain, being informed that the
judgment of the country commissioners was final; and, being determined not
to sanction what he considered the unjust demand made upon him, by paying
the money, submitted to have his goods distrained. Accordingly, property
belonging to Mr. Read, consisting of carpetings, Irish linens, oil cloths,
and paper hangings, was seized, and sold by public auction, on Tuesday last.
The very unequal manner in which the tax is made to bear upon persons in
different places having the same amount of income, according to the
conjectures or caprice of the officials, is one of its worst features, and
calls loudly for its instant and total repeal.
THE "BAGMAN'S" CORN LAW. A paragraph has been sent us headed as above,
which we print without vouching for the correctness of its statements
further than by assuring our readers that we know our correspondent to be a
most respectable man:- "Commercial gentlemen and the public generally will,
no doubt, rejoice to hear that the innkeepers of West Cornwall have at last
followed the good example set by their brethren in the East, and almost
every other part of the kingdom, by reducing the price of oats from 5d. to
4d. the quartern - a boon for which they are indebted to Mr. PEARCE of the
Royal, and Mr. FARQUHARSON of the Lion, Hotels, Truro, who, of course, were
followed by the other towns in the West."
BODMIN. On Monday, the 13th instant, a public teetotal meeting was held
in the neat and spacious chapel recently opened by the Wesleyan Association
Methodists. W. K. NORWAY, Esq., opened the meeting, and arrested the
attention of the people with his usual eloquence and argument for upwards of
an hour. He was followed by a minister of the home missionary society, and
A. GAVED, Esq. Some hundreds were present on the occasion, and it is hoped
that the impression then made on the more influential and respectable part
of the inhabitants will not be easily effaced. Though but few would wish to
hold such meetings in places of worship when other accommodation can be had,
yet it is gratifying to find that there are those who deem this cause worthy
of a place in the sanctuary on certain occasions, when suitable advocates
can be obtained.
SUPPOSED WRECK. On Monday last, the Coast Guard at Goran Haven picked up
a quarter cask of wine; and several pieces of wreck have been floating
about. A small portion of the plank of a fir-built boat, new, and copper
fastened, has also been picked up.
LAUNCH. On Saturday last, the handsome new schooner, "Cottager,"
purchased by Capt. HOCKIN, of Newquay, was launched from Mr. TREDWEN's
building yard, Padstow, into his spacious dock, in the presence of a large
company of spectators, including much of the beauty and fashion of the
neighbourhood, who were delighted at the majestic manner in which this
beautiful specimen of marine architecture glided into her destined element.
ST. COLUMB. A petty sessions was held on Wednesday se'nnight, when the
pilots of Newquay applied to the magistrates to recover salvage dues from
the captains of the ships "Juliana" and "Veto." It will be recollected that
these ships took refuge in Newquay during the late gale, and by means of
lights shown on the head-lands, and through the exertion of the pilots and
others, were safely lodged within the pier with trifling damage. The pilots
sent in a bill to the captain of the "Juliana" of �120, and to that of the
"Veto" of �80, which they refused to pay; after which it was agreed that it
should be left to a reference, but the referees disagreed in their award.
The magistrates, after investigating the case, awarded �30 for services
rendered to the former vessel, including all expenses, and �15 to the
latter.
PENZANCE QUARTER SESSIONS. These sessions were held on Monday last,
before the Recorder, the Mayor, and the Borough magistrates. After the
usual preliminaries had been gone through, Sophia ROBERTS, 17, was indicted
for obtaining goods from Mr. G. P. VIBERT on false pretences; and having
been found guilty, was sentenced to two months' imprisonment with hard
labour.
William RESEIGH [?], 24, was charged with stealing a violin bow from the
shop of Mr. S. WEAVER; but the jury, after a long hearing, pronounced him
not guilty.
Margaret EDDY, was found guilty of stealing a piece of pork from the stall
of William NEWTON, in Penzance market, and was sentenced to three months'
imprisonment with hard-labour.
Hannah JOHNS, 82, and Susan MADDERN, 41, were charged with having kept a
house of ill-fame, at the Folly, Penzance. Both prisoners were found
guilty, and sentenced to four months imprisonment; and on their release to
find two sureties, in �20 each, for their good behaviour for twelve months.
MONOMANIA. At the Helston Quarter Sessions, held before Herman MERIVALE,
Esq., Recorder, on Tuesday last, Jane JOHNS, of Breage, pleaded guilty of
stealing a pair of boots, the property of Miss Celia ROGERS. Her brother,
in extenuation, stated, that some time ago, in consequence of a fall, her
head got "cracked," since which time she has never failed snatching at any
thing that fell in her way! She was, however, sentenced to two months
imprisonment.
MEVAGISSEY. On Sunday evening last, some villain entered the
dwelling-house of Mr. HILL, of Penwarne, near this place, and stole from a
chest belonging to Mr. DINGLE, who lives with Mr. Hill, eleven sovereigns.
Other boxes were also broken open, and the bureau of Mr. Hill; and although
silver spoons and other silver articles, &c., were in both places, none were
taken away, but the burglar had the impudence to throw some about the room,
and place others in the bureau, &c. The robbery was effected during the
absence of Mr. Hill and family at chapel. Strong suspicion attaches to an
individual who has since been flush of money. He had better be careful, and
turn his hand to more honest work, for he will be narrowly watched, and may
probably find himself alongside one of his townsmen at the antipodes sooner
than he thinks.
BURGLARY. On Saturday night last, the premises of Capt. James LANYON, of
Camborne, were entered, and a quantity of wearing apparel, together with a
leg of mutton, a leg of pork, and other things, were stolen. Three men
having been seen loitering near the premises, about eleven o'clock at night,
suspicion, of course, fell on them, but none of the stolen articles were
found in their possession. Some peas which Mr. Lanyon intended to plant in
his garden, were, however, taken away, by which a trace was discovered,
leading to a pile of dressing in an adjoining field, where several of the
articles were found buried; and the foot marks led to the apprehension of a
man named Wm. EUDAY, of Brea, in the parish of Camborne, who has been
committed to take his trial at the present assizes.
DELABOLE SLATE QUARRY. On Saturday lst, a William, son of Mr. Wm.
SKINNER, of the parish of Teath, 9 years of age, was passing Delabole Slate
Quarry, on his way from school, he stopped to look at a machine used in
sawing stones, and having got upon a horizontal wheel for a ride, was very
soon jammed against a post, which seriously lacerated both his legs, and
broke one of them, which it was found necessary to amputate above the knee.
It is very doubtful how the matter will terminate.
Another boy, called TUCKER, while working in the same Quarry, got entangled
in the machinery, and had a large piece of flesh cut out of his thigh, which
will, in all probability, make him a cripple for life.
SHOCKING CIRCUMSTANCE. On Friday evening last, as a labourer, named
BARTLET, was returning from his work, in crossing some fields near Goosown
[?], in St. Agnes, he saw something lying in a ditch which, on approaching,
he was horrified to find was the body of a female, burnt almost to a cinder;
all her apparel, with the exception of a few shreds which lay scattered
around her, had been entirely consumed. On inquiry, the body was discovered
to be that of a poor maniac, named Sally REED, well known in the
neighbourhood, and who, on account of the apparent harmlessness of her
disposition, was suffered to go at large. She often wandered from house to
house, wrapped in a sheet and an old bed quilt; and thus clad she visited
her daughter, who lived near her, on the evening above mentioned, and asked
for a lighted candle under pretence of going to light her own fire to get
some tea. As she had been in the habit of cooking her own victuals, her
daughter, who never denied her anything she asked for, gave her the candle,
which she took; and, without having been seen by any one, wandered into the
fields, where she most probably set herself on fire, and was burnt to death.
ACCIDENT - On the 13th instant, a man named Wm. STEPHENS, a fire-man on
board the "Cornwall" steamer, slipped through the hold into the engine, and
had his foot dreadfully lacerated.
FATAL ACCIDENT. On the 14th instant, a poor man called John GRYLLS, was
killed whilst at work with his son in a quarry at Choon, in the parish of
St. Just, by a quantity of earth falling upon him. He has left a widow and
six children.
FEROCIOUS ASSAULT. On Monday evening, the 13th instant, about nine
o'clock, the inhabitants of St. Mary's, Scilly, were thrown into a state of
great alarm by the following tragic affair:- About eight o'clock, a little
boy about 14 years of age, called William MAYBEE, who lived with his
grandmother at Peninis, about half a mile from the town, in going home from
his work, was suddenly attacked on the road by John CUMMING, a lad of about
19 years of age, who knocked him down with a stick, cut him across the face
with a razor, and then left him. The poor little fellow made the best of
his way home, with the blood steaming from his wounds; singularly enough, he
had a pane of glass in his hands, which he had neither dropped nor broken.
His [.....?] and grandmother immediately carried him back to the town, to
Mr. BLEWETT, the surgeon, who found it necessary, before dressing the
wounds, to put three or four stitches in them. Cumming, who had been ill
for several weeks, remained from home all night and when found next morning,
immediately confessed having perpetrated the deed, which it is the general
opinion he committed in a fit of insanity. Maybee, we are happy to say, is
doing well, and Cumming has been committed to take his trial. The two boys
were always considered amongst the most quiet and harmless lads in the
island.
REWARD. Notice is Hereby Given, that any person procuring the Certificate
of the Marriage of Richard RUNDLE with Elizabeth PEARN, which took place
sometime between the years 1737 and 1760, and forwarding the same to Messrs.
EVANS and CLIVERTON, Solicitors, George-lane, Plymouth, will received from
the latter the sum of Five Pounds therefore. Plymouth, 22nd March, 1843.
NOTICE. An Advertisement having appeared in the West Briton, of the 17th
instant, signed John PRYOR, stating that a deficiency of several pounds had
been discovered in the Treasurer's accounts of the Forest Gate Club, in the
Parish of Illogan, and convening a Meeting of the said Club, to be holden on
the 8th day of April, to elect a suitable person to fill the office of
Treasurer; and also calling upon all persons holding money belonging to the
said Club to retain the same until the matters for which such Meeting was
called were settled.
We, the undersigned, at a Special Meeting held on the 18th instant, do
hereby declare that such notice is a wilful and malicious falsehood, and
that the accounts of the Treasurer of the Forest Gate Club are true and
correct; and all Bankers and other persons, who are in possession of any
money belonging to the said Club, are hereby informed that it is still
vested in the name of the Treasurer for the time being, and holden by him in
trust for the benefit of the said Society. Signed on behalf of the Meeting,
John CROCKER, President, Richd. RICHARDS, Secretary. Dated, Forest Gate,
March 18, 1843.
[The notice above referred to was sent to us in the name of "Wm. PENPRASE,
Sportsman's Arms, Wendron," but we have ascertained that the signature was a
forgery, that Mr. Penprase knows nothing whatever about it. John Pryor,
whose name appears as chairman at the meeting, has also assured us that he,
neither directly nor indirectly, had any thing to do with the notice in
question.
JANE UREN, 22, was found Guilty of having stolen a pair of boots from the
shop of Eliza THOMAS, at Chacewater. The Months' Hard Labour.
JOSEPH BENNETT, 24, was found Guilty of having broken open a box, the
property of John MAY, innkeeper, of Mawgan in Pydar, and stolen therefrom
three fourpenny pieces and a silver coin of the reign of George II. - Four
Months' Hard Labour.
HIGHWAY ROBBERY. Thomas CHIPMAN, 25, was charged with having feloniously
assaulted and put in bodily fear, Margaret NICHOLLS, and robbed her of nine
sovereigns, eleven shillings, a fourpenny piece, and other articles.
Margaret Nicholls, examined - I live at Quenchwell, in Feock; on the 8th of
February, I was going to Devoran to wash, about 25 minutes past five in the
morning; the morning was dark and wet, and I had my umbrella up before me; I
was going along and the prisoner came and touched me; he put one hand on my
eyes, and one on my mouth, and put his leg in front, and tipped me over, and
I fell with my head in the umbrella on the ground. The prisoner was a
next-door neighbour; when I was down, I said "Lord have mercy upon me, don't
kill me, murder! murder!" While I screeched murder, he put his hand all
round my naked flesh feeling for my pocket. He could not find my pocket the
side he was feeling, and he put his hand round the other side, and found it,
and broke my pocket. When he got my pocket, he went away; I don't know
which way he went, I was so much flurried. I had in my pocket nine
sovereigns and eight and fourpence in a calico bag, three shillings loose,
and a snuff box, a pin cushion, a small knife, two nobs of white sugar,
(laughter), a thimble, and a key of a padlock. William ROWE, constable of
Kenwyn, said I went in search of the prisoner, on the 8th of February, near
Bissow Bridge, about a mile from his home. I asked him whether he was on
the Falmouth road that morning; he told me he was not; I told him he was
suspected of robbing Margaret Nicholls; he said he had not; I told him I
should like to see what money he had; he told me he had 11s. or 12s. I told
him I should like to see it; he put his hand into his pocket and pulled out
a calico bag, which contained nine sovereigns and 11s. 10d. in silver. I
told him there were sovereigns there, and he said he did not know how they
got there (laughter). I took him in custody, and he endeavoured to get
away. I found the things I now produce - two nobs of sugar, four keys, a
thimble, and the money. Mrs. Nicholls identified the articles as her
property. Guilty - Transportation for Ten Years.
MARIA WILTON, 28, was charged with having stolen �1. 16s., the property of
James TRERISE, of St. Cleer. The prosecutor stated that in January last the
prisoner was in his service and slept in his room. On going to bed one
night, he put his trowsers on the bed, and on getting up the next morning,
he found that his money-bag containing the sum stated, had been abstracted
from his pocket. On making search afterwards in the prisoner's bed, he
found a woman's pocket, with a sovereign and some silver in it, for the
possession of which the prisoner gave different accounts. The prosecutor
said he could, from a mark on it identify the sovereign, but the jury found
the prisoner, Not Guilty.
ELIZABETH JEFFERY, 17, and ANN LANGMAN, 23, were charged with having stolen
a cotton sheet, the property of Stephen MITCHELL, a lodging-house keeper, in
Bodmin. The prisoners lodged in Mitchell's house on the 25th of January,
and left on the 27th; a sheet was missing, and the prisoners were traced to
Liskeard, where Jeffery had sold it to a Mrs. KNIGHT for 10d. The prisoners
were taken into custody shortly after. The jury found Langman Not Guilty;
and Jeffery Guilty - Three Months' Hard Labour.
RICHARD LUKE, 18, and WILLIAM DUNSTAN, 20, were charged with having stolen a
pair of trowsers, the property of Abel HARPER, a miner in Marks Valley mine,
in Linkinhorne. The prosecutor left his mining clothes on the steam-pipe to
dry, and on his next coming to the mine he found them gone. Suspicion fell
upon the prisoners, and they were followed to Liskeard, where they were
apprehended by DAWE, the constable, with the trowsers in their possession.
The trowsers were found in Luke's bag, and the jury found him Guilty, and
Dunstan Not Guilty. Luke was sentenced to Two Months' Hard Labour.
WILLIAM WATERS, 18, and HENRY TOM, 19 were charged on the coroner's warrant,
with the manslaughter of Henry Lenton CLARK, in the parish of St. Clement.
The Judge said - In this case the Grand Jury having had three bills
presented to them, and having had a full opportunity of considering the
charge, ignored them all, and therefore the counsel has not thought proper
to proceed against them on the coroner's inquest, and it will be your duty
to acquit the prisoners on that charge. The prisoners were then Acquitted.
MARY JANE FANSTONE, 12, was charged with having stolen 18 lbs of hay, the
property of Mary and Wm. BROCK, of Launcells, and Edward FANSTONE, 40 with
having received it, he knowing the same to have been stolen. The evidence
against the female prisoner was not strong, but she was found Guilty, and
the court sentenced her to One Month's Hard Labour - the second and last
weeks to be passed in solitary confinement. The father was found Not
Guilty. There was another charge against him for stealing a hook, and the
counsel declined to offer any evidence in the case, and the prisoner was
Acquitted.
JAMES PHILLIPS, 17, was charged with having stolen an umbrella, the property
of Jane WILLS, a servant at the London Inn, Bodmin. - Three Months' Hard
Labour.
BURGLARY. Francis BODNINNER, 17, was charged with having burglariously
broken and entered the dwelling-house of Joseph EDDY, of Zennor. Mr.
HOLDSWORTH conducted the case for the prosecution. Joseph Eddy examined. -
I live at the Bosiggran mills, in Zennor; on the 15th of September last, was
at home, and went to bed between nine and ten; only my wife and I sleep in
the house; we left the doors and windows secure; between eleven and twelve,
I was alarmed by my wife saying the window of a ground room was broken open,
and that there was robbers in; on listening to hear, I heard the staircase
to creak as if there was some person in it; I asked who's there - who's
there? I heard the answer - I'll have the money. On hearing that, I jumped
out of my bed, and rushed towards the stair-head. Before I reached the
stair-head, I met a man who butted up against me, and gave me a severe blow
on the head, and said he would have the money. It was a severe blow that
almost deprived me of all senses, and I gave back; on recovering my senses I
could just see the shade of him; he appeared to be coming against me again,
and I tried to throw him down stairs, but could not; he turned me round, but
I got him down; he still kept beating me with the stick and gave me many
severe bruises. When I got him down he cried out to let him rise, he had
five more with him and whistled, and he said "come on! come on! Now's your
time - fall in, fall in." I said I would let him rise if he would spare my
life - he said he would have the money; I could not see his face; I was
afraid the five would be in on me; I let him rise, and he ran down stairs.
I was afraid to go down, and I up with the window and jumped out and ran for
help to the village. When I got back, the man was gone. There were five
panes of glass broken, sufficient to admit a man. Thomas THOMAS examined -
I live in Zennor, in Treen village, about half a mile from Eddy's; I know
the prisoner; he lived with me four or five years; I recollect on the 15th
September his coming to me about midnight; he knocked at the door and wanted
to come in; I was gone to bed; I came to the window to see who was there,
and said, I would let no one come in for the night; I told him to go to the
stable, I knew it was the prisoner; and the next morning he was in the
stable. His face was blackened; he asked whether I had heard anything for
the morning. I asked him what should I hear - have you killed anybody? And
he said no - but he had been down and broke into Joseph's house. I asked
him which way did he break in? He said he broke in at the window. I asked
him what he did there? He said he could not tell but he looked for his
money. He told me that Joseph Eddy hitched him by his leg and threw him
down; after that he complained of hunger, and I gave him a morsel. When I
heard what it was, I went to Joseph Eddy. The prisoner declined to ask any
questions, or say anything in his defence. The Judge summed up, and the
jury found the prisoner Guilty. His Lordship, in passing sentence said -
for this crime, of which you have been convicted, your life is forfeited,
and if I were to allow the extreme penalty of the law to be exacted, you
would be executed. That will not be the case, but in all probability her
Majesty's advisers will think it fit that you shall be removed from the
country for life. - There was another indictment against this prisoner,
but on which he was not tried, charging him with having stolen at the parish
of Paul, a silver watch, �2. 10s. in gold, and �6. 10s. in silver, the
goods, chattels, and monies of Martin GRENFELL. The court did not rise this
evening till near nine o'clock.
TUESDAY, MARCH 28. - WITCHCRAFT, CONJURATION, SORCERY, AND ENCHANTMENT. -
Frederick Peter STATTON, 23, a chubby, dumpling-faced looking fellow, who on
his paper-apologies for cards, dubs himself M. A., was indicted for falsely
pretending to one Jenny FRANCIS, that he could be the exercise of
witchcraft, and the use of skill in occult science, tell her what had become
of a certain heifer, by which he obtained 3s., with intent to defraud and
cheat Jenny Francis of the same. Mr. HUGHES conducted the case, and Mr.
SLADE defended the prisoner. Mr. Hughes, in opening the case, said that the
prisoner was not charged with witchcraft, but with pretending to exercise
that art, and by that pretext extracting monies from parties who were weak
and silly enough to believe him. The Act on which this charge was founded
was the 7th and 8th Geo. 4, c. 9. Jenny Francis, was then called, but Mr.
Slade requested the Judge to look at the indictment, and said that it was
impossible that any judgment could stand upon that indictment. The Judge
said the indictment would not do, for it said that the prisoner could by
exercising witchcraft tell what had become of the heifer, and not that he
would, and then it denied that he could. Mr. Hughes said there was another
indictment. The Judge to the Jury - You must acquit him upon this
indictment. The Jury then found the prisoner Not Guilty.
The Prisoner was again indicted for unlawfully pretending to exercise
witchcraft and sorcery, and pretending to discover to one Jenny Francis,
where certain goods and chattels of James Francis might be found. This
indictment was framed on the 9th Geo. 11., c 5, sec. 3. Mr. Slade took an
objection to this indictment, that it was not sufficiently precise on
account of the mention of goods and chattels only; the particular
circumstances had not been specified; but his Lordship said he would not
stop the case upon that objection. Jenny Francis examined - I am wife of
Jas. Francis, labourer, of Stokeclimsland; the prisoner lives at St.
Dominic; he pretends to tell fortunes; I remember the 10th of June; I went
to his house; I had lost a heifer, it was on the common, and strayed off the
common; I went to his house to know if he could inform me whether it was
stolen or strayed; he said it was strayed 14 miles south east; I found it
north-east about a mile and a half from where I lived. He took down a slate
and wrote on something. I don't know what he cast up; he did not show it
me. He then told me that it was 14 miles off. When he told me that, I
asked him what he charged for telling of me; he said 3s. Cross-examined - I
was told to go to the Grand Jury by Mr. SNELL, attorney, of Callington; the
prisoner asked me what description the heifer was; that was before he took
the slate down; he did not say he would look for it; I went home and sent my
husband where he directed me. The Judge - Have you told us all that passed
between you and him? No; he said she was with calf, and she was not. Mr.
Slade - A very bad conjuror, my lord! (laughter). Witness - I told him when
I went in that I had met with a loss, and he said he could tell me all about
it. This being the case. Mr. Slade urged that there was no case to go to
the jury, and that there was not the slightest pretence for saying that the
man exercised witchcraft or sorcery; but the Judge ruled that there was some
evidence. Mr. Slade then addressed the jury in an exceedingly able and
amorous speech, in which he excited great laughter. He said he hardly knew
whether to congratulate or to condole with the jury on their having in the
middle of the nineteenth century to try such a case as the present, and to
enter upon such a dark enquiry under a statute passed more than a hundred
years ago, and for which Mr. Hughes had told them he had been unable to find
a precedent for his indictment. In old times, when the statute was passed,
which was a statute imposing penalties on those who exercised witchcraft,
and not on those who pretended to exercise it, the legal writers thought it
necessary to describe what witchcraft, sorcery, conjuration, and so on was,
and Lord Hale says that witchcraft is of two degrees. There was the first
degree, which Lord Hale says is first, "an invocation of conjuration of an
evil spirit." Now Jenny Francis had not told them of any evil spirit that
the defendant had with him at the time she called on him. "Secondly, to
consult, covenant with, entertain, employ, feed, or reward any evil spirit."
"Thirdly, to take up any dead person, or any part thereof, to be employed or
used in witchcraft or in any charm." There had been no child's thumb, or
any thing of that sort used in this case. Then he goes on to say "to
exercise any witchcraft, enchantment, charm or sorcery whereby any person
shall be killed, destroyed, consumed, or lamed in his or her body or any
part thereof." Now, had they anything of that sort in this case? Nothing
of the kind. There was no pretence for saying that he exercised any of
those arts. Then Lord Hale went on to tell them what witchcraft was in the
second degree. If Jenny Francis had been a young and handsome woman, which
he was sorry to say both for the sake of Jenny Francis herself as well as
for her husband she was not, (great laughter) then this might in some
measure apply. But in this case it could not be said that there was "any
intent to provoke any person to unlawful love." (roars of laughter). There
was nothing of that kind in this case. And these were the tests by which
they must decide, for he was now reading extracts which he had collected
with some care, from those writers who wrote on what constituted witchcraft
in those days when they might be supposed to know something about it, and
when the punishment was exceedingly severe. Now he would proceed to show
what conjuration was. He had already shown that although Mr. Statton was a
remarkably clever man in a small way, he was no witch, and now he would see
whether he was a conjuror. In a very old book called "Les Termes de la
Ley," or an exposition of the law terms, it is said that conjuration is
commonly used for such as have personal conference with the devil or evil
spirit, to know any secret or to effect any purpose." There was no proof at
all that Mr. Statton ever had the honour of an interview with the devil, or
even with an evil spirit. There was a very
great and forcible difference between witchcraft and conjuration, witchcraft
being "that which compels the devil to appear and submit to his commands by
prayers and invocations upon the powerful name of God;" and conjuration
being a friendly gentlemanly conference with the devil, in which he asks him
to submit to his commands (laughter). Then, Hawkins, who is a great
authority in these matters, draws another distinction. Speaking of
sorcerers, he says, "they are those who by the use of certain superstitious
words, and by the means of images, &c., are said to produce strange effects
beyond the ordinary course of nature." These were all, as far as he had
been able, after some research, to discover - these were all the definitions
of the words witchcraft, sorcery, incantation, and conjuration, which words
had been, from time immemorial, used as bug-bears in the nursery, and he
thought it somewhat strange that, in the year 1843, they should have the
time of the county taken up to satisfy some spleen of Mr. Snell, who calls
this woman forward to give evidence on an act committed as long ago as June
last. He was brought up without knowing what the facts of the case were of
which he was going to be charged. Mr. Hughes - He was had before a
magistrate. Mr. Slade, He was had before a magistrate after you had a bench
warrant to take him up, but he was not had before the magistrate to let him
know what he was going to be charged with. Mr. Hughes - That is not the
fact. Mr. Slade - There are no depositions, and I am quite sure that if he
had been there would have been depositions, and we should know what we were
coming here to day to meet; instead of which there is not a single
deposition by which the defendant is able to inform his counsel what is
likely to be brought against him, or by which his counsel may be able to
sift the testimony given to day, and see whether it corresponds with that
given at a former period. But at the assizes in 1842, five several
indictments, all of them framed in the most general and vague terms, were
preferred behind the back of Statton, without any defence, and he is
arrested on a bench warrant, and obliged to find bail on these charges,
which up to the present moment he was entirely ignorant of.
Mr. Hughes - Do you intend to call any witnesses to prove these facts?
Mr. Slade - Certainly not. The Judge - Those acts are apparent. There
are no deposition or they would be here. Mr. Slade then asserted that there
were five indictments for the same offence - that not knowing how to succeed
in their desire to crush the defendant, they had recourse to an old fusty
obsolete statute, above a hundred years old, and they instruct their
counsel to draw indictments when there was not a single precedent to guide
him by - and then they asked the jury to believe that the defendant was
guilty of acts of sorcery, conjuration and witchcraft. The learned
gentleman, after some other observations, asked the defendant whether there
was any one in court that he wished to call to his character. Statton
replied that there was a gentleman on the jury who could give him a
character, whereupon Mr. Samuel DOIDGE was sworn, and said, - I have know
Statton almost ever since I mind. I never knew him keep an evil spirit
(laughter). I never had anything to do with him. I cannot tell much about
his character. I have heard that when people have lost anything they go to
him (great laughter). The Judge - Have you heard that of his character?
Yes - that is all I have heard or know about him. I have heard them say
that they have been there. I know nothing against him of my own knowledge -
not the least. By Mr. Hughes - I have heard say that many of them who have
lost anything used to go to hear where it was; - that was the oration of our
country! (laughter). I can hardly tell whether he is in any employment. I
can't tell how he gets a living - I never saw him work in my life that I
know of (great laughter). The Learned Judge then withdrew for a few
minutes. On his return, he said he had already stated that he thought it
would not be right to stop this trial upon the objection that was taken to
the indictment - that the particular goods and chattels supposed to be lost,
had not been mentioned, and he continued of that opinion, although that
point was open to argument. Upon the other question, whether there was
sufficient evidence to justify a conviction, and whether the party had done
that which was unlawful on this old statute - upon that question, he thought
there was some evidence, and undoubtedly he was desirous of leaving it to
the jury, because he did not think so lightly of an offence of that sort as
it had been suggested he ought to do by the counsel at the bar. He thought
a man was a great nuisance who defrauded people in such a manner, and
therefore he was anxious, if there was any evidence, the jury should have it
left to them. But, revolving it in his mind as the case went on, he thought
that although there was enough to excite a great deal of suspicion, it
occurred to him that there was not enough to satisfy a jury that there was
any occult or crafty science employed; but before he gave that opinion he
was desirous of consulting his learned coadjutor. He agreed with him that
there was not enough in this case to enable them to decide that the
defendant had exercised "any kind of witchcraft, sorcery, enchantment, or
conjuration." There had been no evidence of his general profession to
discover lost or stolen things by occult science. If it were shown that he
was a man who had held out in the public that he had that occult science -
no matter what sort - if he pretended by any secret science to do that which
no man could do, and which probably deluded the poor ignorant woman to pay
him money - he should have thought he was within the meaning of the statute.
But that was so entirely in the dark that it would not be right to give a
verdict upon that evidence. He thought they might have framed an indictment
for false pretences, and that it would have been good. A good deal of
observation had been made about the various indictments that had been
framed, and it occurred to his Lordship, that it was improper to frame these
two indictments at the same time for the same offence. They did not allow
two indictments in a case of any other crime to be presented before the
grand jury at the same time. But still that was no ground of acquittal. He
thought the evidence fell short of that which ought to be the foundation of
a verdict in judicial proceedings, and therefore he thought their proper
course would be to say that the man was not guilty. Mr. PEASE, the foreman
of the jury, said, under your direction my Lord we find him Not Guilty - but
under your direction. The Judge (to the prisoner) - I cannot help thinking
you are a great rogue, and if you had been convicted I should have passed a
heavy sentence upon you, for you are a great nuisance to the country.
THE PRISONER was again charged with having unlawfully pretended to
conjuration, witchcraft, and sorcery, and also with having pretended, from
his skill in witchcraft, sorcery, enchantment, conjuration, and knowledge in
occult or crafty science, to discover to one Wm. Henry NOTTLE that he was
bewitched, and under the influence and power of enchantment, and that he,
Statton, would be exercising or using witchcraft, and by means of his skill
in occult or crafty science remove the spell and enchantment by which he,
Nottle, was then bound The reading of this indictment caused great
laughter. Mr. W. H. Nottle was then examined - He said I am a farmer, and
live in Stokeclimsland in this county; the prisoner lives in St. Dominick on
the common; I went to his house on the 17th of January, 1842, and saw him;
I asked him if he could inform me how I had lost some cattle that had died;
I told him that the cattle had died in a very strange manner - that I had
lost three in about ten days, and another was very ill - that I had had a
farrier to look after them, but he could not tell me what was the matter
with them. He told me that he would put me all to rights (laughter) - that
I should not lose any more cattle. I said if he could do that he should
proceed. He said he would do it - that I was ill-wished (laughter) - and he
would put the thing all to rights, and I should lose no more cattle. He
then took the slate and marked down some signs I don't understand the value
of. The figure was the figure that you see in the almanacks, - I don't know
what you call it exactly - the latter part of the almanack. The Judge -
whose almanack? Witness - Moore's almanack. - (great laughter). He
remained at the table ten minutes, I should think; when he had drawn these
figures he said I was ill-wished; he said he would not tell the name of the
person, but he would tell the person's features and size and what he was, so
that I should know exactly who the person was. I had a young bullock at the
same time that was ill, and it was likely to die, and I had several fat
sheep that were in the house tied up, and one died the same morning that I
left to go to his house. He asked me if I had seen any marks on the sheep.
I had not seen any, and he said that when I went home the man that was with
the sheep would say, if I asked the question, that there was blood on the
nose and face - (great laughter). When I went home I met the man in the
yard and I said to him - Mr. Slade, I object to what you said to the man
being stated. Witness - The prisoner then gave me directions how I was to
know the person that had ill-wished me. He read the directions and I copied
them down. I took down what he told me, and when I returned home, I had a
little memorandum book, and I copied it into that; a calf or a yearling was
ill when I went away, I expected it would have died, and he said it would
not die before I returned home. The witness then read the following
morceaux which he had duly registered in his memorandum book, and most
probably acted upon:- "Take the calf and kill it. Take the heart out and
prick it full of pins. On Thursday morning next, at the first hour the sun
rises, put the heart into a fire and roast or burn it to ashes. The
person's name you suspect of ill-wishing you, must be written on a piece of
paper and put in the heart, with the pins run through the name. During the
time the heart is roasting the 35th Psalm must be read three times." The
reading of this curious document convulsed the court with laughter, in which
the prisoner heartily joined. After this I asked him what he charged, and
he said he had been accustomed to charge a pound, but he would charge me
10s. He did so and I paid him 10s. Cross-examined - This happened on the
17th of January last year. I had no charge to bring against the man; I was
subpeauned here by Mr. Snell. I did not go to tell Mr. Snell; his brother
came to my house some time before the last assizes, and then I went up
before the Grand Jury and told this story. There were a great many things
that passed which I cannot recollect. I was there perhaps for two hours.
This being the case, Mr. Slade submitted that there was no evidence. The
Judge - It is a very different case to the last. Mr. Slade then noticed the
remarks made by the Judge in the previous case, and the feeling that the
jury had expressed as evidencing their disposition against the defendant,
after which he contended that Statton had not pretended to exercise
witchcraft, and again cited some other authorities in support of his views.
He also urged objections to the indictment, for want of time and place,
neither of which had been mentioned. His Lordship then summed up and having
read to the jury the words of the statute, he said if there was any
objection to the form of indictment that was on the record, and he did not
deal with that at present. But the questions now as, whether the prisoner
pretended to exercise that which is witchcraft and sorcery within the
meaning of the statue. Had he by preternatural means - those means which do
not belong to human agency, pretended to do certain things, and that his
Lordship thought was the meaning of witchcraft and sorcery as used in the
statute. If they thought he pretended to exercise preternatural power, he
advised them to find him guilty; but if they thought it was nonsense, and
that the prisoner did not pretend to preternatural powers, then he was not
guilty. The jury, in a few moments, found the prisoner Guilty. Mr. Slade
then moved an arrest of judgement on the ground that the statute made it an
offence to pretend to use any witchcraft, &c., whereas in this case no
pretence was proved. It was also set out generally that he pretended to
exercise witchcraft and sorcery. He submitted that they were bound to set
out what kind of witchcraft the prisoner pretended to exercise. The Learned
Gentleman spoke on these points at considerable length, and at the end of
his address the Judge told the prisoner to stand down.
THE PRISONER, however, was again indicted for falsely pretending to exercise
witchcraft, and also pretending from his skill in witchcraft, sorcery, and
enchantment, to discover to one Thomas LITTLE, where certain goods and
chattels lost or stolen might be found, at St. Dominick, on the 24th of
June. Mr. Slade at once objected to the jury, and his Lordship said that he
would take the other cases first, and the prisoner should be tried on this
indictment by another jury at the close of the day. Mr. Slade said he
should take the same objection to all the indictments that he had taken in
the last case. The prisoner was then taken away. At the close of the
criminal cases he was again brought up, when Mr. RAWLINSON, (for Mr. Slade)
urged the objections which the latter gentleman had argued in the morning.
The Judge to a new jury that had been impannelled, - I think the man at the
bar has been guilty of very gross misconduct, and I regret that I am obliged
to discharge him. Mr. Rawlinson - I will take the verdict of not guilty on
that charge. The prisoner was then arraigned on the fourth indictment
(Little's) when his Lordship said, in this case you must return a verdict of
not guilty. The indictment is bad, and it would be a waste of time to go on
with these cases. The Jury - Not Guilty. The Judge - Although you have
escaped through these technical objections, the law is strong enough to
reach you even, and if you take my advice you will give up those bad
practices that you have pursued. You deserve punishment richly, and I hope
you will meet with it, if you act so again. The prisoner was then
discharged. The case, which occupied a considerable time, excited the
greatest interest and the court was crammed to excess during proceedings.
31 MARCH 1843, Friday
MONDAY 27TH. Sailed, the "Lady Mary Wood," steamer, COOPER commander, with mails and passengers for the Peninsula.
The "Great Liverpool," steamer will sail with mails for Egypt, India, &c., on Sunday, the 2nd of April, and a steamer (name not yet reported) will leave Falmouth, with West India mails, on Monday, the 3rd.
H.M. Packet "Express," Lieut. HERRICK, will take the Brazil mails of April; sailing day, the 7th.
CORNWALL LENT ASSIZES, CROWN COURT - Saturday, March 25. Charge of Manslaughter - William FORD, 65, was charged with feloniously and unlawfully killing Eliza CLEMENCE, on the 10th of October last, by riding over and throwing her on the ground, with a horse on which he was riding, and giving her a mortal fracture or contusion. Mr. GREENWOOD conducted the prosecution; and Mr. SLADE the defence. The case excited considerable interest. Robert DAVEY knew Garland�s house, about a quarter of a mile from Wadebridge, on the Bodmin turn pike road. He saw two men riding, about 50 yards from the house, on the Wadebridge side. At first, they were not riding very fast, but they afterwards pitched off faster. One man was riding an iron grey, and the other a dark bay. It was Wadebridge fair-day. John HARRIS saw the two men about 40 yards on the Wadebridge side of Garland�s house, and heard them start forward. One of them said to the other �go on� or �come on.� They passed by witness at a very smart gallop. Witness saw nothing that had happened, but heard a noise of crockery on the turnpike. He then went back, and saw a man holding up a woman in his arms; there were other women there. Jane GARLAND, wife of Joseph GARLAND, stated that Eliza Clemence, her husband�s sister, came to witness�s house in the evening of the 10th October, between four and five o�clock, and left between six and half-past six. Witness and an old woman named Esther HAMLEY went with her towards St. Mabyn. They hastened on to George HAMLEY�s cart, which was a-head, in order that Eliza Clemence might get a ride, but they found it loaded so that she could not ride. They then passed to the front of the cart, and just as they passed, George Hamley called out �to the left, to the left;� and at the same moment, witness heard a crash of earthenware, and saw her sister�s cloak turn over on the ground, and two horses pass her at the same time. Eliza Clemence had been carrying some cups and saucers. Witness saw the two men pass on as swift as they could go, and screamed, �stop, you�ve killed her.� They did not stop. Eliza Clemence was taken into witness�s house insensible, and was never conscious afterwards. She died the next evening between seven and eight o�clock. George Townsend HAMLEY, a butcher of St. Mabyn, and owner of the cart spoken of by the former witness corroborated her evidence as to the striking down of the unfortunate Eliza Clemence. He also, with several other witnesses, spoke of the colours and sizes of the two horses, in order to identify the prisoner. But the proof was unfortunately ���..[crease in paper and line of print not visible]���.. of defence adopted by the prisoner�s advocate. William Giles LUCAS, policeman, of Wadebridge, stated that on his apprehending the prisoner, he said it was not his horse that killed or went over the woman; that he and a man were riding on together, when they saw two or three women near a cart, and as they rode on, they heard some one cry out �hold,� and heard also a noise of clome in a basket. They did not stop.
Cross-Examined by Mr. Slade. Prisoner very willingly assisted witness in his inquiries, and after they had been before the coroner, lent witness a horse, which he said was the same he rode on the evening in question to go and try to get a conveyance to take him to Bodmin. Witness found the horse extremely hard mouthed, and had great difficulty in guiding him. He seemed much fonder of galloping than walking. Robert RENDALL, surgeon, was called to attend Eliza Clemence, and found her apparently in a dying state � senseless. Witness described the nature of the wounds which she had received about the head, which he believed were the cause of her death. They were such injuries as might be produced by a horse knocking her down. Mr. Slade addressed the jury for the prisoner, acknowledging that it was his horse that had struck down the unfortunate deceased, but contending that the affair was a pure accident, or homicide by misadventure. The following witnesses gave an excellent character to the prisoner for humanity and steadiness:- Mr. W. COLLINS, of Lank, E. COLLINS, Esq., of Trewardale, Mr. W. K. NORWAY, Mr. Hugh BAUDEN, Mr. R. BILLING, Mr. COTTLE, Mr. BILLING, Mrs. WEST, and Mr. G. STEPHENS. The jury retired at about twelve. At two o�clock, they returned a verdict � Guilty of riding against the women, but he had no intention to do it. The Judge informed the jury that this was no verdict at all, and that they must again retire. In about an hour and a half, the jury returned a verdict of Acquittal.
WRECKING. Robert CHAPMAN and Hugh LUCKEY were indicted for feloniously plundering and stealing from a ship called the �Jessie Logan,� 40 lbs. of cotton wool, and two bags, the property of James LOGAN. There were other counts, stating the property to be 1st, in James Logan; 2nd, in James Logan and others; 3rd, in some person or persons unknown; 4th, in the Commissioners of her Majesty�s Customs; 5th, in Alexander James CALLENDAR, Receiver-General of Droits of Admiralty; 6th in the Commissioners of the Admiralty; 7th in James MASON. Mr. ROWE conducted the prosecution, and Mr. SLADE the defence. Patrick CROSSMAN, an officer of customs at Boscastle, stated that on the 16th of January there was a heavy gale, and that he, being on duty on the coast saw a large vessel in distress off the coast. She drove towards shore, and struck between three and four in the afternoon on the rocks near Black Pit. There was a high cliff close by. Witness saw no one on board. When the vessel began to break up, witness saw some boards coming from her bearing �Jessie Logan.� Witness saw a great part of her cargo come ashore; bags containing rice, sugar, and some cotton. In the course of the evening, Mr. James Mason, comptroller of customs at Padstow, came there; and witness remained in charge of the wreck, which he had before taken possession of, till the 11th. Was on the cliff shortly after ten o�clock of the night of the 18th, with Mr. James MOORE, clerk to Mr. AVERY, and saw both prisoners with sticks. There were upwards of 100 people there. Lukey was one of the ring-leaders of the riot, and the people wanted to go down under the cliff. Witness and the coast guard, nine or ten in number, were trying to prevent them. Witness said to Lukey �Do go away or it will go bad with you.� Lukey replied, that he came for the purpose of having something, and he would have it. A bustle ensued. The two prisoners cheered three times, and begged that all who were of their party should go on their side. Witness and the coast guard tried to prevent their going down to the wreck, but were not strong enough. Witness heard Chapman say before the party went down the cliff � �Hell to your souls, this shall be a bloody night.� They were all armed with sticks; and were arranged in a row opposite the coast guard. It was a beautiful moonlight night. James Moore, clerk to Mr. Avery, merchant, Boscastle, on the evening of the 18th of June, went to the cliff near Black Pit, about half-past eight, and saw a large mob there. He then went to Boscastle for Crossman, and returned to the cliff with him, about nine o�clock. There were then upwards of 100 people on the common. They cheered as soon as they saw witness and Crossman and their men. Prisoners were present among the mob. Lukey came towards witness, and said, �a ring, a ring,� and struck him a blow on the shoulder with a stick. Witness told his men not to touch the mob; but desired them, and all who were well-disposed to come on his side. Witness told the prisoners and the mob that he was sent to protect the wreck, and he would do so. Lukey challenged and said �Come on; d---n me, shoot me, you -----, kill me,� throwing abroad his arms. Witness said to him, �Go away, I don�t want to injure you, I want to protect the wreck�. Lukey and Chapman soon went away, and witness did not see them again for half an hour. He then saw them coming in a direction from the wreck, and went towards them on the ground adjoining the cliff. Witness took prisoner, Chapman, by the collar with a bag on his back. Could not say if Lukey was in liquor. Edward TREVORRAN, one of the coast guard, was on duty on the cliff on the night of the 18th of January, in charge of the wreck, and was present when Moore, the last witness, came on the cliff. Moore ordered the mob to leave the field, and commanded the coast guard to draw. Witness then drew his tuck-stick. Chapman said, �If you touch me, I�ll knock your teeth out.� Witness then touched him with his tuck. Chapman struck witness across the arm saying �blood for blood.� Witness could not tell if he had drawn blood. Chapman and the mob then left the field. The coast guard party followed them till they went out of the field, and then returned to the spot over the wreck. About a quarter of an hour afterwards, they heard a great cheering, and saw the prisoners and their party coming towards them. They went down the cliff, and about a quarter of an hour afterwards, witness saw the ten prisoners come up, each with a bag on his shoulder. Witness ordered Chapman to drop his bag, and Chapman refused to do so. Witness then struck Chapman with the back of his cutlass. Chapman fell on his knees, and shouted �hallo yee bory.� Witness then saw a great number of men coming down the hill towards him. Prisoners then went away with the bags, and what became of them, he did not know. Witness saw that the bags contained cotton; the mouth was open. Witness had seen on the day previous, a large bag of cotton wool by the wreck. - Robert COZENS, one of the coast guard, confirmed the evidence of the last witness, adding that Chapman said, he had come for wreck and wreck he�d have. Thomas Richard AVERY, merchant, of Boscastle, recollected the wreck of the �Jessie Logan.� He went to the spot with Patrick Crossman, and took charge of the vessel and cargo. On the 29th of January, James Logan, of Liverpool came, and went with witness to the wreck. Mr. Logan recognised many parts of the wreck. After that, the goods were advertised for sale, and all the goods saved were sold; cotton, shell-lac, hides, hemp, dye wood, &c. Mr. Logan took away part of the wreck to witness�s house. It was a part near the bow. He took two pieces, not quite so much as a man could carry. During the whole time witness had been in possession of the goods, and the proceeds of the sale, no claim had been made by any person but Mr. Logan. James Mason, collector of customs, at Padstow, went to the spot after the wreck, and gave directions to Patrick Crossman to use his best endeavours with the coast guard to preserve the wreck for the custom duties, for the Admiralty, and for the owner. Witness took the wreck in his possession as a droit of admiralty, it being a dead wreck, - no person on board. In the course of business, witness acted under the directions of Alexander James CALLENDER, Receiver-General of Droits of Admiralty. In the present case, two sales took place; one of hides as perishable articles, before the supposed owner satisfied the Receiver-General of his ownership. Witness was present at this first sale, and took possession of the proceeds, which he afterwards gave up to Mr. Avery, the agent for Mr. Logan. Witness did this by direction of the Receiver General of Droits of Admiralty. Mr. Slade, for the defence, raised an objection that the property had not been proved, so as to satisfy either of the counts of the indictment. In summing up, the Judge directed the jury to confine their attention to the first count. If they found the prisoners guilty, and that the property was shown to be in James Logan, they would say so. If they did not find the property to be in James Logan, still if they were satisfied the prisoners intended to steal, they would still find a verdict of Guilty, which must be entered up on the other counts; and if these were informally framed, the counsel for the prisoners would have an opportunity of moving hereafter. The Jury found a verdict, �both Guilty, but we don�t find the property to be in James Logan.� The Judge � Do you find any evidence on which you can decide whose property it was? The Jury � No, my Lord; we�re not satisfied. The verdict was then taken; �Not Guilty on the first count. Guilty on the other counts.� Twelve Months� Hard Labour.
JOSEPH BROWN was indicted for feloniously plundering and stealing from the �Jessie Logan,� 20 lbs. of cotton wool, and a bag, the property of James Logan. As in the previous case, there were other counts laying the property in other persons. The principal evidence for the prosecution was that of William JENKINS, of Boscastle, who saw the prisoner about four or five o�clock in the morning of the 20th of January, on the common, coming in a direction from the wreck, with a bag of cotton on his shoulder. Witness spoke to him, and he dropped the bag, which witness took up, carried to Boscastle, and delivered to Fitzgerald, the constable. For the defence, Mr. GREENWOOD addressed the jury, and called John SENNET, of the coast guard, who stated that having been on duty at Black Pit, on the night of the 19th of January, when he came back to the Ship Inn at Boscastle, he sent Brown to the wreck to fetch the bag of cotton on which he (Sennet) had been sitting while on duty. Several witnesses gave the prisoner a good character. On the part of the prosecution, the prisoner�s examination before the committing magistrates was put in, in which the prisoner stated that he picked up the cotton about the shore. Verdict, Not Guilty.
JOHN BONNY was charged with stealing 17 hides from the �Jessie Logan,� the property of James Logan. Patrick CROSSMAN proved that foreign hides formed part of the cargo of the �Jessie Logan.� James MASON, collector at Padstow, stated that on his return from Boscastle to Padstow, on the afternoon of the 21st of January, he saw prisoner driving an open cart about nine miles from Boscastle in the direction of Wadebridge. The cart was laden with flooring stone, and three bags at the top. Two of the bags resembled the bags washed ashore from the �Jessie Logan.� The prisoner, in answer to witness, said he did not know what was in the bags; that a man whom he did not know put the bags into his cart to carry to St. Columb; that he did not know to whom he was to deliver the bags, but he should leave them at the barber�s, who would received the carriage for him. One hide, he was to leave to Wadebridge, at Mr. WILTON�s, the tanner. When witness first saw prisoner, he asked him to let him see what was in the bags; and prisoner drew witness�s attention to a common corn sack in the front of the cart, and said �you see, I�ve got corn for my horse.� It was then that he perceived a hide in the cart under the bag. When they stopped at Wadebridge, witness said to BONNY, �if you do not account to me how you came by these hides, I shall take them and you into custody.� Witness sent for a policeman, and delivered prisoner into his custody. There were fifteen hides in two bags, in the cart, and two loose. They were of the same description as those which witness had seen at the wreck. William Giles LUCAS, constable, of Wadebridge, who apprehended the prisoner, stated that he was an occasional carrier, and lived at Delabole. Mr. Slade, for the defence, contended that if there were any evidence at all against the prisoner, it was for erroneously receiving, and [�?] not accuracy, [��?] [��.?] form of the indictment. Witnesses were called to character. Among them was one named Abraham BASTARD, who said he had never heard any thing impeachable against the prisoner. On cross-examination, he said he had heard remarks at different times about the prisoner, but he never had any knowledge of any thing against him. Mr. Rowe � you are not asked about your knowledge; you are asked about any rumour. Have you never heard any rumour against the prisoner�s character for honesty? On the witness�s hesitating to answer this question directly, the Judge said to him:- �I suppose you come here to give the prisoner a character.� Witness � �Yes, my Lord.� Judge � Then I suppose you wish to keep your own. If you don�t answer this question directly, I shall commit you. Have you heard rumours that the prisoner was dishonest? The witness, after some hesitation; �I have heard remarks that he is not honest.� The Judge: �Now Sir, you may leave the Court a disgraced man.� Verdict, Not Guilty.
JAMES PEARCE, 14, was convicted of stealing 5 lbs. of candles, the property of John BISHOP and his partners, at the United Mines, Gwennap. Guilty � Fourteen Days' Hard Labour; Last Seven Days' Solitary, and then Whipped.
WILLIAM BEARD, 28, was charged with having forged a cheque purporting to be drawn by William Arundell Harris ARUNDELL, upon the Devon and Cornwall Banking Company, at Launceston, for the sum of �3. 10d., and made payable to one Mr. W. HARRIS, with intent to defraud the said William Arundell Harris Arundell. The prisoner was also charged with feloniously uttering the cheque. Mr. SLADE conducted the prosecution; and Mr. ROWE the defence; John WOOLLEY stated that he was manager of the Devon and Cornwall Bank, at Launceston. David DERRY was a proprietor, with many others. George FOX was a proprietor; and Charles PRIDEAUX. David DERRY was the public officer. On the 26th of September last, witness was in the bank. Prisoner came in about eleven o�clock in the forenoon, and presented the cheque which witness now produced. Witness was acquainted with Mr. Arundell�s signature. Mr. Arundell had not an account at the Bank, but sometimes drew cheques there, and the Bank was in the habit of cashing any cheques that he drew. The following day, witness presented this cheque with others drawn by Mr. Arundell, for payment. Mr. Arundell, in witness�s presence, wrote �forged� on the cheque, and his (Mr. Arundell�s) name. Cross-examined � If nothing had occurred between witness and Mr. Arundell, he (witness) should still have believed the original signature to the cheque to be Mr. Arundell�s writing. William Arundell Harris Arundell, lived at Lifton Park, in the county of Devon. Looking at the cheque, Mr. Arundell now said �This signature to the cheque is not my signature.� He gave no authority to any body to sign for him. The words �Forged� and �W.A.H. Arundell� beneath it, witness wrote himself on the day that Mr. Woolley showed him the cheque. Cross-Examined - Did not know any person of the name of W. Harris. Was perfectly satisfied, irrespective of the hand-writing, that he never drew such a cheque as this. Verdict, Guilty of uttering the cheque, knowing it to be forged. Mr. Arundell strongly recommended the prisoner to the merciful consideration of the court; but his Lordship observed when he passed sentence on the prisoner on Tuesday, that as that recommendation proceeded only from Mr. Harris�s kind feelings, he could not attend to it, and he sentenced him to Ten Years' Transportation.
WILLIAM TREVENA and WILLIAM TRELEASE were convicted of having feloniously taken about a ton and half of Copper Ore, of the value of �15, from the Carn Brea mines, in the parish of Illogan, with intent to defraud Joseph LYLE and others, the proprietors of, and adventurers in, the said mines. The court then rose.
MONDAY, MARCH 27, 1843 . TREVENA and TRELEASE - In this case in which the prisoners were found Guilty of kitting in Carn Brea mines, Mr. Slade moved an arrest of judgment on the ground that there was no sufficient averment in the indictment that the ores were stolen from the mine, and that �then and there� did not sufficiently show that the ores were on the mine. The Court held the objection to be valid and the prisoners were discharged.
MALICIOUSLY SHOOTING - William SIMS, 23, tailor, of Penzance, was charged with having unlawfully and maliciously discharged a gun, loaded with powder and shot, at Samuel BOASE, in Zennor, with intent to do him some grievous bodily harm. Mr. SLADE conducted the case for the prosecution; and Mr. MERIVALE defended the prisoner. Samuel Boase, who has a hare lip, was examined by Mr. Slade through the medium of his brother. I was on the 14th of September at the Tinners� Arms , in Zennor, about twelve in the forenoon; I saw the prisoner there that day; he came in about five minutes after prosecutor; had half a pint of ale and a bottle of porter between four of us; prisoner was one of the four; I know Richard Berryman; he brought in a double barrelled gun, and gave it to the prisoner; Sims asked me whether I would go and hunt with him, and I said I could not because I was going to my work; I rose up to go to my labour, and Sims came and took hold of my shirt. I was in the door-way; Sims said �D----- thee, if you do go I�ll shoot you;� the gun was alongside of him; I went down alongside of a pig-sty; Sims came out with the gun and asked �where is he;� I said, �I am here;� Sims said, �if thee�s make they appearance before me again, d---- thee, I�ll blow they brains out.� I came out then to go to my work, and Sims said �be d-------d, if thee�s go to bal I�ll shoot thee.� When I heard that, I turned my head over my shoulder and saw him levelling the gun; and I was shot in the left side; I made about two steps and then I fell to the ground. He was about eleven paces from me. I was suffering for about five months. I still feel pain from it, and am not able to do my labour as I was before I was shot. Cross-Examined by Mr. MERIVALE � Had known the prisoner slightly before, and had never quarrelled with him. Saw the prisoner once after he shot me; he was alongside of the bed. Prisoner seemed very careless and thoughtless about it. Elizabeth ELLIS, servant maid at the Tinners� Arms, stated facts in corroboration of those given by the prosecutor, and added that the prisoner subsequently said, on the same day, he could sing, whistle, or dance, as well as ever he could in his life, and he had nothing more on his mind than if he had shot a blackbird. William MATTHEWS corroborated the evidence of the prosecutor, stating additionally that he saw the prisoner with the gun in his hand, and told him to be careful, for it was loaded; and the prisoner pulled out the rod and tried both barrels to see that they were loaded. William BERRYMAN examined. � Saw Sims in his house after it had happened, and Sims said he had nothing upon his conscience any more than if he had shot a blackbird. Samuel HOCKING examined � Is a surgeon; was called in on the 14th to see Boase; saw him at the Tinners� Arms, in a state of partial stupor; it was with difficulty I got him to answer any questions. I uncovered his person to examine it; I found several shotmarks on the back part of the left thigh; I counted about 150 shot marks; they were all distinct from each other; I extracted a few on that occasion, and some subsequently; a few of them had just grazed the skin and passed; I should think about 120 or 130 went into the flesh; I extracted about 12, the rest I could not reach, they had penetrated too deeply; I attended him subsequently; I considered him to be in a dangerous state several days; the other shots are still in his body; I attended him for about a fortnight, daily for a week, and then on alternate days. Mr. Merivale, for the prisoner, contended that he had no intention to do the prosecutor any harm, and called three witnesses, who gave different evidence as to the state of the prisoner after he had fired the gun. The Learned Judge summed up, and the jury found a verdict of Guilty of shooting the gun at the prosecutor with intent to do him some grievous bodily harm. Ten Years' Transportation.
JOHN ODGERS, 27, was charged with having unlawfully, maliciously, and feloniously cut and wounded Peter TRELEAVEN, with intent to do him some grievous bodily harm. Mr. RAWLINSON for the prosecution; Mr. MOODY for the defence. It appeared that on an evening in August last, the prisoner and a party were drinking in the George and Dragon public house, Bodmin, and in the course of the evening Treleaven and his party came in. Odgers had a scythe, and Treleaven said �you have been challenging my brother to fight, - I am your man, - I will fight you.� Odgers refused to fight, and the landlord, in order to stop the quarrelling, put Odgers�s party in another room. Treleaven went away, but left a bundle in the parlour, which he returned for, but he was not content with going in the parlour, but returned to the prisoner, and resumed the angry conversation, and turned up his cuffs to fight. Treleaven then went out, and presently after Odgers left and found Treleaven and his party waiting for him. Some words then ensued, and Treleaven again threatening Odgers, he said if he did not keep off he would rip his guts open. Treleaven followed him, and the prisoner said "stand off or I will cut you down." Treleaven did not stand off, and on coming up the prisoner struck him across the shoulder with the scythe, and cut through a portion of the shoulder bone, and also slightly across the wrist. The prisoner received a good character from several witnesses, and the jury found him Guilty of a common assault. - Three Months' Hard Labour.
MATTHEW HARRIS, 31 and DANIEL HALLS, 37, were found Guilty of having stolen a fowl, the property of William ANGWIN, of Perranzabuloe. - Four Months� Hard Labour.
ARSON. Susan ENGLAND, 51, was indicted for setting fire to an outhouse belonging to William COCK, farmer of St. Wenn. A second count laid the offence to have been committed in a building used for husbandry. Mr. SAUNDERS stated the case for the prosecution, and then called William COCK, who said, I am a farmer, and reside in the village of Rosemundy, in St. Wenn; I occupy a farm, distant from my dwelling-house about 150 yards. I have a mowhay there; there is a gate close to the barn and the outhouse; the house is about 30 feet long; the outer wall is a cob wall, and the other built up with loose stones; the back wall was stone and the other end was open. It was covered with timber and browse; it was used for a wain-house, and for keeping cattle in. I could not see it from my dwelling-house; on the 22nd of November, I was at this place about ten in the evening; a great many things were in it � a wain and wheels, harrow, &c.; they were all safe when I left. In the morning of the 23rd, I was alarmed; I heard a cry of fire; I got up and went to my barn immediately; several persons were there; Charles LOBB the blacksmith was there; the wain house was burnt better than half way back. I had a hay-rick within six feet of it; none of the stacks were burnt. I know the prisoner; she lives next house to me. My property was not insured. I saw the prisoner the day before the fire. I told her that we had had a fire the day before, and it appeared as if they intended to injure me; I said they had not done it yet, and she said no. I said I should have it insured to-morrow � Mr. OKE was coming out. We had had three different fires in the village before that, very nigh my premises. The prisoner�s house and the blacksmith�s are between my house and the mowhay. Cross-examined � I was born in the parish; the prisoner has only lived in her house a year; the two portions of the house in which we live belong to different persons. The prisoner�s husband is a mason. There were four fires there in less than a month. Mr. Greenwood here took an objection to the indictment, on the ground that the building burnt was not an outhouse within the meaning of the statute, for an outhouse must be that which belongs to a dwelling, and is parcel of a dwelling-house. The Judge held the point of law to be fatal, and directed the Jury to acquit the prisoner. His Lordship said � here is an Act of Parliament which describes the particular things which shall constitute the crime of arson, and it enumerates them with great particularity, and names house, stable, coach-house, barn, outhouse. This is not a coach-house, a granary or a stable. It is a shed under which they can draw a cart. Well, is it an outhouse? The Judges have more than once decided, after having met together, that an outhouse must be connected in some way or other. If it were within a yard or wall then it would be so, it might be half a mile off. She may be punished no doubt for burning such a building, but not under so severe a statute as this. The Jury at once Acquitted the prisoner.
JANE UREN, 22, was found Guilty of having stolen a pair of boots from the shop of Eliza THOMAS, at Chacewater. The Months' Hard Labour.
JOSEPH BENNETT, 24, was found Guilty of having broken open a box, the property of John MAY, innkeeper, of Mawgan in Pydar, and stolen therefrom three fourpenny pieces and a silver coin of the reign of George II. - Four Months� Hard Labour.
HIGHWAY ROBBERY. Thomas CHIPMAN, 25, was charged with having feloniously assaulted and put in bodily fear, Margaret NICHOLLS, and robbed her of nine sovereigns, eleven shillings, a fourpenny piece, and other articles. Margaret Nicholls, examined � I live at Quenchwell, in Feock; on the 8th of February, I was going to Devoran to wash, about 25 minutes past five in the morning; the morning was dark and wet, and I had my umbrella up before me; I was going along and the prisoner came and touched me; he put one hand on my eyes, and one on my mouth, and put his leg in front, and tipped me over, and I fell with my head in the umbrella on the ground. The prisoner was a next-door neighbour; when I was down, I said �Lord have mercy upon me, don�t kill me, murder! murder!� While I screeched murder, he put his hand all round my naked flesh feeling for my pocket. He could not find my pocket the side he was feeling, and he put his hand round the other side, and found it, and broke my pocket. When he got my pocket, he went away; I don�t know which way he went, I was so much flurried. I had in my pocket nine sovereigns and eight and fourpence in a calico bag, three shillings loose, and a snuff box, a pin cushion, a small knife, two nobs of white sugar, (laughter), a thimble, and a key of a padlock. William ROWE, constable of Kenwyn, said I went in search of the prisoner, on the 8th of February, near Bissow Bridge, about a mile from his home. I asked him whether he was on the Falmouth road that morning; he told me he was not; I told him he was suspected of robbing Margaret Nicholls; he said he had not; I told him I should like to see what money he had; he told me he had 11s. or 12s. I told him I should like to see it; he put his hand into his pocket and pulled out a calico bag, which contained nine sovereigns and 11s. 10d. in silver. I told him there were sovereigns there, and he said he did not know how they got there (laughter). I took him in custody, and he endeavoured to get away. I found the things I now produce � two nobs of sugar, four keys, a thimble, and the money. Mrs. Nicholls identified the articles as her property. Guilty � Transportation for Ten Years.
MARIA WILTON, 28, was charged with having stolen �1. 16s., the property of James TRERISE, of St. Cleer. The prosecutor stated that in January last the prisoner was in his service and slept in his room. On going to bed one night, he put his trowsers on the bed, and on getting up the next morning, he found that his money-bag containing the sum stated, had been abstracted from his pocket. On making search afterwards in the prisoner�s bed, he found a woman�s pocket, with a sovereign and some silver in it, for the possession of which the prisoner gave different accounts. The prosecutor said he could, from a mark on it identify the sovereign, but the jury found the prisoner, Not Guilty.
ELIZABETH JEFFERY, 17, and ANN LANGMAN, 23, were charged with having stolen a cotton sheet, the property of Stephen MITCHELL, a lodging-house keeper, in Bodmin. The prisoners lodged in Mitchell�s house on the 25th of January, and left on the 27th; a sheet was missing, and the prisoners were traced to Liskeard, where Jeffery had sold it to a Mrs. KNIGHT for 10d. The prisoners were taken into custody shortly after. The jury found Langman Not Guilty; and Jeffery Guilty � Three Months� Hard Labour.
RICHARD LUKE, 18, and WILLIAM DUNSTAN, 20, were charged with having stolen a pair of trowsers, the property of Abel HARPER, a miner in Marks Valley mine, in Linkinhorne. The prosecutor left his mining clothes on the steam-pipe to dry, and on his next coming to the mine he found them gone. Suspicion fell upon the prisoners, and they were followed to Liskeard, where they were apprehended by DAWE, the constable, with the trowsers in their possession. The trowsers were found in Luke�s bag, and the jury found him Guilty, and Dunstan Not Guilty. Luke was sentenced to Two Months� Hard Labour.
WILLIAM WATERS, 18, and HENRY TOM, 19 were charged on the coroner�s warrant, with the manslaughter of Henry Lenton CLARK, in the parish of St. Clement. The Judge said � In this case the Grand Jury having had three bills presented to them, and having had a full opportunity of considering the charge, ignored them all, and therefore the counsel has not thought proper to proceed against them on the coroner�s inquest, and it will be your duty to acquit the prisoners on that charge. The prisoners were then Acquitted.
MARY JANE FANSTONE, 12, was charged with having stolen 18 lbs of hay, the property of Mary and Wm. BROCK, of Launcells, and Edward FANSTONE, 40 with having received it, he knowing the same to have been stolen. The evidence against the female prisoner was not strong, but she was found Guilty, and the court sentenced her to One Month�s Hard Labour � the second and last weeks to be passed in solitary confinement. The father was found Not Guilty. There was another charge against him for stealing a hook, and the counsel declined to offer any evidence in the case, and the prisoner was Acquitted.
JAMES PHILLIPS, 17, was charged with having stolen an umbrella, the property of Jane WILLS, a servant at the London Inn, Bodmin. - Three Months� Hard Labour.
BURGLARY - Francis BODNINNER, 17, was charged with having burglariously broken and entered the dwelling-house of Joseph EDDY, of Zennor. Mr. HOLDSWORTH conducted the case for the prosecution. Joseph Eddy examined. � I live at the Bosiggran mills, in Zennor; on the 15th of September last, was at home, and went to bed between nine and ten; only my wife and I sleep in the house; we left the doors and windows secure; between eleven and twelve, I was alarmed by my wife saying the window of a ground room was broken open, and that there was robbers in; on listening to hear, I heard the staircase to creak as if there was some person in it; I asked who�s there � who�s there? I heard the answer � I�ll have the money. On hearing that, I jumped out of my bed, and rushed towards the stair-head. Before I reached the stair-head, I met a man who butted up against me, and gave me a severe blow on the head, and said he would have the money. It was a severe blow that almost deprived me of all senses, and I gave back; on recovering my senses I could just see the shade of him; he appeared to be coming against me again, and I tried to throw him down stairs, but could not; he turned me round, but I got him down; he still kept beating me with the stick and gave me many severe bruises. When I got him down he cried out to let him rise, he had five more with him and whistled, and he said �come on! come on! Now�s your time � fall in, fall in.� I said I would let him rise if he would spare my life � he said he would have the money; I could not see his face; I was afraid the five would be in on me; I let him rise, and he ran down stairs. I was afraid to go down, and I up with the window and jumped out and ran for help to the village. When I got back, the man was gone. There were five panes of glass broken, sufficient to admit a man. Thomas THOMAS examined � I live in Zennor, in Treen village, about half a mile from Eddy�s; I know the prisoner; he lived with me four or five years; I recollect on the 15th September his coming to me about midnight; he knocked at the door and wanted to come in; I was gone to bed; I came to the window to see who was there, and said, I would let no one come in for the night; I told him to go to the stable, I knew it was the prisoner; and the next morning he was in the stable. His face was blackened; he asked whether I had heard anything for the morning. I asked him what should I hear � have you killed anybody? And he said no � but he had been down and broke into Joseph�s house. I asked him which way did he break in? He said he broke in at the window. I asked him what he did there? He said he could not tell but he looked for his money. He told me that Joseph Eddy hitched him by his leg and threw him down; after that he complained of hunger, and I gave him a morsel. When I heard what it was, I went to Joseph Eddy. The prisoner declined to ask any questions, or say anything in his defence. The Judge summed up, and the jury found the prisoner Guilty. His Lordship, in passing sentence said � for this crime, of which you have been convicted, your life is forfeited, and if I were to allow the extreme penalty of the law to be exacted, you would be executed. That will not be the case, but in all probability her Majesty�s advisers will think it fit that you shall be removed from the country for life. - There was another indictment against this prisoner, but on which he was not tried, charging him with having stolen at the parish of Paul, a silver watch, �2. 10s. in gold, and �6. 10s. in silver, the goods, chattels, and monies of Martin GRENFELL. The court did not rise this evening till near nine o�clock.
TUESDAY, MARCH 28. WITCHCRAFT, CONJURATION, SORCERY, AND ENCHANTMENT. Frederick Peter STATTON, 23, a chubby, dumpling-faced looking fellow, who on his paper-apologies for cards, dubs himself M. A., was indicted for falsely pretending to one Jenny FRANCIS, that he could be the exercise of witchcraft, and the use of skill in occult science, tell her what had become of a certain heifer, by which he obtained 3s., with intent to defraud and cheat Jenny Francis of the same. Mr. HUGHES conducted the case, and Mr. SLADE defended the prisoner. Mr. Hughes, in opening the case, said that the prisoner was not charged with witchcraft, but with pretending to exercise that art, and by that pretext extracting monies from parties who were weak and silly enough to believe him. The Act on which this charge was founded was the 7th and 8th Geo. 4, c. 9. Jenny Francis, was then called, but Mr. Slade requested the Judge to look at the indictment, and said that it was impossible that any judgment could stand upon that indictment. The Judge said the indictment would not do, for it said that the prisoner could by exercising witchcraft tell what had become of the heifer, and not that he would, and then it denied that he could. Mr. Hughes said there was another indictment. The Judge to the Jury � You must acquit him upon this indictment. The Jury then found the prisoner Not Guilty.
The Prisoner was again indicted for unlawfully pretending to exercise witchcraft and sorcery, and pretending to discover to one Jenny Francis, where certain goods and chattels of James Francis might be found. This indictment was framed on the 9th Geo. 11., c 5, sec. 3. Mr. Slade took an objection to this indictment, that it was not sufficiently precise on account of the mention of goods and chattels only; the particular circumstances had not been specified; but his Lordship said he would not stop the case upon that objection. Jenny Francis examined - I am wife of Jas. Francis, labourer, of Stokeclimsland; the prisoner lives at St. Dominic; he pretends to tell fortunes; I remember the 10th of June; I went to his house; I had lost a heifer, it was on the common, and strayed off the common; I went to his house to know if he could inform me whether it was stolen or strayed; he said it was strayed 14 miles south east; I found it north-east about a mile and a half from where I lived. He took down a slate and wrote on something. I don�t know what he cast up; he did not show it me. He then told me that it was 14 miles off. When he told me that, I asked him what he charged for telling of me; he said 3s. Cross-examined � I was told to go to the Grand Jury by Mr. SNELL, attorney, of Callington; the prisoner asked me what description the heifer was; that was before he took the slate down; he did not say he would look for it; I went home and sent my husband where he directed me. The Judge � Have you told us all that passed between you and him? No; he said she was with calf, and she was not. Mr. Slade � A very bad conjuror, my lord! (laughter). Witness � I told him when I went in that I had met with a loss, and he said he could tell me all about it. This being the case. Mr. Slade urged that there was no case to go to the jury, and that there was not the slightest pretence for saying that the man exercised witchcraft or sorcery; but the Judge ruled that there was some evidence. Mr. Slade then addressed the jury in an exceedingly able and amorous speech, in which he excited great laughter. He said he hardly knew whether to congratulate or to condole with the jury on their having in the middle of the nineteenth century to try such a case as the present, and to enter upon such a dark enquiry under a statute passed more than a hundred years ago, and for which Mr. Hughes had told them he had been unable to find a precedent for his indictment. In old times, when the statute was passed, which was a statute imposing penalties on those who exercised witchcraft, and not on those who pretended to exercise it, the legal writers thought it necessary to describe what witchcraft, sorcery, conjuration, and so on was, and Lord Hale says that witchcraft is of two degrees. There was the first degree, which Lord Hale says is first, �an invocation of conjuration of an evil spirit.� Now Jenny Francis had not told them of any evil spirit that the defendant had with him at the time she called on him. �Secondly, to consult, covenant with, entertain, employ, feed, or reward any evil spirit.� �Thirdly, to take up any dead person, or any part thereof, to be employed or used in witchcraft or in any charm.� There had been no child�s thumb, or any thing of that sort used in this case. Then he goes on to say �to exercise any witchcraft, enchantment, charm or sorcery whereby any person shall be killed, destroyed, consumed, or lamed in his or her body or any part thereof.� Now, had they anything of that sort in this case? Nothing of the kind. There was no pretence for saying that he exercised any of those arts. Then Lord Hale went on to tell them what witchcraft was in the second degree. If Jenny Francis had been a young and handsome woman, which he was sorry to say both for the sake of Jenny Francis herself as well as for her husband she was not, (great laughter) then this might in some measure apply. But in this case it could not be said that there was �any intent to provoke any person to unlawful love.� (roars of laughter). There was nothing of that kind in this case. And these were the tests by which they must decide, for he was now reading extracts which he had collected with some care, from those writers who wrote on what constituted witchcraft in those days when they might be supposed to know something about it, and when the punishment was exceedingly severe. Now he would proceed to show what conjuration was. He had already shown that although Mr. Statton was a remarkably clever man in a small way, he was no witch, and now he would see whether he was a conjuror. In a very old book called �Les Termes de la Ley,� or an exposition of the law terms, it is said that conjuration is commonly used for such as have personal conference with the devil or evil spirit, to know any secret or to effect any purpose.� There was no proof at all that Mr. Statton ever had the honour of an interview with the devil, or even with an evil spirit. There was a very
great and forcible difference between witchcraft and conjuration, witchcraft being �that which compels the devil to appear and submit to his commands by prayers and invocations upon the powerful name of God;� and conjuration being a friendly gentlemanly conference with the devil, in which he asks him to submit to his commands (laughter). Then, Hawkins, who is a great authority in these matters, draws another distinction. Speaking of sorcerers, he says, �they are those who by the use of certain superstitious words, and by the means of images, &c., are said to produce strange effects beyond the ordinary course of nature.� These were all, as far as he had been able, after some research, to discover � these were all the definitions of the words witchcraft, sorcery, incantation, and conjuration, which words had been, from time immemorial, used as bug-bears in the nursery, and he thought it somewhat strange that, in the year 1843, they should have the time of the county taken up to satisfy some spleen of Mr. Snell, who calls this woman forward to give evidence on an act committed as long ago as June last. He was brought up without knowing what the facts of the case were of which he was going to be charged. Mr. Hughes � He was had before a magistrate. Mr. Slade, He was had before a magistrate after you had a bench warrant to take him up, but he was not had before the magistrate to let him know what he was going to be charged with. Mr. Hughes - That is not the fact. Mr. Slade � There are no depositions, and I am quite sure that if he had been there would have been depositions, and we should know what we were coming here to day to meet; instead of which there is not a single deposition by which the defendant is able to inform his counsel what is likely to be brought against him, or by which his counsel may be able to sift the testimony given to day, and see whether it corresponds with that given at a former period. But at the assizes in 1842, five several indictments, all of them framed in the most general and vague terms, were preferred behind the back of Statton, without any defence, and he is arrested on a bench warrant, and obliged to find bail on these charges, which up to the present moment he was entirely ignorant of.
Mr. Hughes. Do you intend to call any witnesses to prove these facts? Mr. Slade � Certainly not. The Judge - Those acts are apparent. There are no deposition or they would be here. Mr. Slade then asserted that there were five indictments for the same offence � that not knowing how to succeed in their desire to crush the defendant, they had recourse to an old fusty obsolete statute, above a hundred years old, and they instruct their counsel to draw indictments when there was not a single precedent to guide him by � and then they asked the jury to believe that the defendant was guilty of acts of sorcery, conjuration and witchcraft. The learned gentleman, after some other observations, asked the defendant whether there was any one in court that he wished to call to his character. Statton replied that there was a gentleman on the jury who could give him a character, whereupon Mr. Samuel DOIDGE was sworn, and said, - I have know Statton almost ever since I mind. I never knew him keep an evil spirit (laughter). I never had anything to do with him. I cannot tell much about his character. I have heard that when people have lost anything they go to him (great laughter). The Judge � Have you heard that of his character? Yes � that is all I have heard or know about him. I have heard them say that they have been there. I know nothing against him of my own knowledge � not the least. By Mr. Hughes � I have heard say that many of them who have lost anything used to go to hear where it was; - that was the oration of our country! (laughter). I can hardly tell whether he is in any employment. I can�t tell how he gets a living � I never saw him work in my life that I know of (great laughter). The Learned Judge then withdrew for a few minutes. On his return, he said he had already stated that he thought it would not be right to stop this trial upon the objection that was taken to the indictment � that the particular goods and chattels supposed to be lost, had not been mentioned, and he continued of that opinion, although that point was open to argument. Upon the other question, whether there was sufficient evidence to justify a conviction, and whether the party had done that which was unlawful on this old statute � upon that question, he thought there was some evidence, and undoubtedly he was desirous of leaving it to the jury, because he did not think so lightly of an offence of that sort as it had been suggested he ought to do by the counsel at the bar. He thought a man was a great nuisance who defrauded people in such a manner, and therefore he was anxious, if there was any evidence, the jury should have it left to them. But, revolving it in his mind as the case went on, he thought that although there was enough to excite a great deal of suspicion, it occurred to him that there was not enough to satisfy a jury that there was any occult or crafty science employed; but before he gave that opinion he was desirous of consulting his learned coadjutor. He agreed with him that there was not enough in this case to enable them to decide that the defendant had exercised �any kind of witchcraft, sorcery, enchantment, or conjuration.� There had been no evidence of his general profession to discover lost or stolen things by occult science. If it were shown that he was a man who had held out in the public that he had that occult science � no matter what sort � if he pretended by any secret science to do that which no man could do, and which probably deluded the poor ignorant woman to pay him money � he should have thought he was within the meaning of the statute. But that was so entirely in the dark that it would not be right to give a verdict upon that evidence. He thought they might have framed an indictment for false pretences, and that it would have been good. A good deal of observation had been made about the various indictments that had been framed, and it occurred to his Lordship, that it was improper to frame these two indictments at the same time for the same offence. They did not allow two indictments in a case of any other crime to be presented before the grand jury at the same time. But still that was no ground of acquittal. He thought the evidence fell short of that which ought to be the foundation of a verdict in judicial proceedings, and therefore he thought their proper course would be to say that the man was not guilty. Mr. PEASE, the foreman of the jury, said, under your direction my Lord we find him Not Guilty � but under your direction. The Judge (to the prisoner) � I cannot help thinking you are a great rogue, and if you had been convicted I should have passed a heavy sentence upon you, for you are a great nuisance to the country.
THE PRISONER was again charged with having unlawfully pretended to conjuration, witchcraft, and sorcery, and also with having pretended, from his skill in witchcraft, sorcery, enchantment, conjuration, and knowledge in occult or crafty science, to discover to one Wm. Henry NOTTLE that he was bewitched, and under the influence and power of enchantment, and that he, Statton, would be exercising or using witchcraft, and by means of his skill in occult or crafty science remove the spell and enchantment by which he, Nottle, was then bound The reading of this indictment caused great laughter. Mr. W. H. Nottle was then examined � He said I am a farmer, and live in Stokeclimsland in this county; the prisoner lives in St. Dominick on the common; I went to his house on the 17th of January, 1842, and saw him; I asked him if he could inform me how I had lost some cattle that had died; I told him that the cattle had died in a very strange manner � that I had lost three in about ten days, and another was very ill � that I had had a farrier to look after them, but he could not tell me what was the matter with them. He told me that he would put me all to rights (laughter) � that I should not lose any more cattle. I said if he could do that he should proceed. He said he would do it � that I was ill-wished (laughter) � and he would put the thing all to rights, and I should lose no more cattle. He then took the slate and marked down some signs I don�t understand the value of. The figure was the figure that you see in the almanacks, - I don�t know what you call it exactly � the latter part of the almanack. The Judge � whose almanack? Witness � Moore�s almanack. � (great laughter). He remained at the table ten minutes, I should think; when he had drawn these figures he said I was ill-wished; he said he would not tell the name of the person, but he would tell the person�s features and size and what he was, so that I should know exactly who the person was. I had a young bullock at the same time that was ill, and it was likely to die, and I had several fat sheep that were in the house tied up, and one died the same morning that I left to go to his house. He asked me if I had seen any marks on the sheep. I had not seen any, and he said that when I went home the man that was with the sheep would say, if I asked the question, that there was blood on the nose and face � (great laughter). When I went home I met the man in the yard and I said to him � Mr. Slade, I object to what you said to the man being stated. Witness � The prisoner then gave me directions how I was to know the person that had ill-wished me. He read the directions and I copied them down. I took down what he told me, and when I returned home, I had a little memorandum book, and I copied it into that; a calf or a yearling was ill when I went away, I expected it would have died, and he said it would not die before I returned home. The witness then read the following morceaux which he had duly registered in his memorandum book, and most probably acted upon:- "Take the calf and kill it. Take the heart out and prick it full of pins. On Thursday morning next, at the first hour the sun rises, put the heart into a fire and roast or burn it to ashes. The person's name you suspect of ill-wishing you, must be written on a piece of paper and put in the heart, with the pins run through the name. During the time the heart is roasting the 35th Psalm must be read three times." The reading of this curious document convulsed the court with laughter, in which the prisoner heartily joined. After this I asked him what he charged, and he said he had been accustomed to charge a pound, but he would charge me 10s. He did so and I paid him 10s. Cross-examined � This happened on the 17th of January last year. I had no charge to bring against the man; I was subpeauned here by Mr. Snell. I did not go to tell Mr. Snell; his brother came to my house some time before the last assizes, and then I went up before the Grand Jury and told this story. There were a great many things that passed which I cannot recollect. I was there perhaps for two hours. This being the case, Mr. Slade submitted that there was no evidence. The Judge � It is a very different case to the last. Mr. Slade then noticed the remarks made by the Judge in the previous case, and the feeling that the jury had expressed as evidencing their disposition against the defendant, after which he contended that Statton had not pretended to exercise witchcraft, and again cited some other authorities in support of his views. He also urged objections to the indictment, for want of time and place, neither of which had been mentioned. His Lordship then summed up and having read to the jury the words of the statute, he said if there was any objection to the form of indictment that was on the record, and he did not deal with that at present. But the questions now as, whether the prisoner pretended to exercise that which is witchcraft and sorcery within the meaning of the statue. Had he by preternatural means � those means which do not belong to human agency, pretended to do certain things, and that his Lordship thought was the meaning of witchcraft and sorcery as used in the statute. If they thought he pretended to exercise preternatural power, he advised them to find him guilty; but if they thought it was nonsense, and that the prisoner did not pretend to preternatural powers, then he was not guilty. The jury, in a few moments, found the prisoner Guilty. Mr. Slade then moved an arrest of judgement on the ground that the statute made it an offence to pretend to use any witchcraft, &c., whereas in this case no pretence was proved. It was also set out generally that he pretended to exercise witchcraft and sorcery. He submitted that they were bound to set out what kind of witchcraft the prisoner pretended to exercise. The Learned Gentleman spoke on these points at considerable length, and at the end of his address the Judge told the prisoner to stand down.
THE PRISONER, however, was again indicted for falsely pretending to exercise witchcraft, and also pretending from his skill in witchcraft, sorcery, and enchantment, to discover to one Thomas LITTLE, where certain goods and chattels lost or stolen might be found, at St. Dominick, on the 24th of June. Mr. Slade at once objected to the jury, and his Lordship said that he would take the other cases first, and the prisoner should be tried on this indictment by another jury at the close of the day. Mr. Slade said he should take the same objection to all the indictments that he had taken in the last case. The prisoner was then taken away. At the close of the criminal cases he was again brought up, when Mr. RAWLINSON, (for Mr. Slade) urged the objections which the latter gentleman had argued in the morning. The Judge to a new jury that had been impannelled, - I think the man at the bar has been guilty of very gross misconduct, and I regret that I am obliged to discharge him. Mr. Rawlinson � I will take the verdict of not guilty on that charge. The prisoner was then arraigned on the fourth indictment (Little�s) when his Lordship said, in this case you must return a verdict of not guilty. The indictment is bad, and it would be a waste of time to go on with these cases. The Jury � Not Guilty. The Judge � Although you have escaped through these technical objections, the law is strong enough to reach you even, and if you take my advice you will give up those bad practices that you have pursued. You deserve punishment richly, and I hope you will meet with it, if you act so again. The prisoner was then discharged. The case, which occupied a considerable time, excited the greatest interest and the court was crammed to excess during proceedings.
THE GLORIOUS UNCERTAINTY. William MATHEWS, 20, was charged with embezzling 14s. 6d., the property of his master, William HOSKING. Mr. Hosking stated that he lived at Sithney, and was a miller; the prisoner was in his service from the 25th of last March to the 2nd of July; the prisoner carried flour to his customers; he was not authorised to receive money, but on one occasion he took 14s. 6d. from a customer, and never said anything about it; on the second of July he said he wished to leave because he was light headed, and he did leave, prosecutor giving him 2s. to assist him, and promising again to take him in his employ when he got better. Prosecutor afterwards discovered that the prisoner had received this money. The Judge here stopped the case, and said that it was necessary to constitute the offence that the prisoner should have embezzled in the course of his duty. It was not his duty to receive money, and he was guilty of felony. It is not for felony that he is indicted on this occasion, and therefore you must acquit him. The Jury found a verdict of Not Guilty.
WILLIAM MATHEWS, 67, was found Guilty of stealing three poles, the property of John KNIGHT and others, of St. Austell. The prisoner was seen to take the poles and throw them over a hedge, and was immediately apprehended. A former conviction, some years ago, was proved. Seven Years� Transportation.
JOHN TREMAIN, 18, was charged with stealing a pair of trowsers, a pair of boots, a pair of half boots, and a hat, the property of Nicholas MAY, of the parish of St. Austell. Mr. May stated that the prisoner was in his service, and left on the 21st instant. After he had gone, prosecutor missed the things mentioned in the indictment, and sent John HOARE after him, who apprehended the prisoner with the things in his hand. Guilty. A former conviction having been proved, in which the prisoner was sentenced to six months' hard labour, the Court now sentenced him to Fourteen Years' Transportation.
JOHN BULLEN, 21, was found Guilty of having stolen a brush from the shop of John NICHOLLS, at St. Austell, on the 5th of January last. Three Months� Hard Labour.
JOHN PARSONS, 12, was charged with having stolen 6d., the property of Henry MARK. The prosecutor is a turnpike keeper, in Alternun, and having suspicion that he was robbed, he called in Mr. LUSKEY, farmer of Lewannick, to see him mark some money. He put that money in the drawer, on the 21st of this month, and on the 22nd he went out a minute, and on his return he found the drawer partly open, and a sixpence gone. The prisoner was near by, and the prosecutor called Mr. Luskey, and then asked the boy where he got the money that he had. He said he got it by his labour, and a sixpence was found by his leg, which proved to be one of those that had been marked. Guilty � recommended to mercy by the jury and prosecutor, on account of his youth. To be Imprisoned in the gaol for Fourteen Days, the last week in Solitary Confinement, and to be then Whipped and Discharged.
THOMAS BLIGHT, 26, and JOHN DAVIS, 19, were charged with having stolen a watch from the person of Samuel GREENWAY, at Camelford. The prisoner Blight pleaded Guilty to the charge, and the other prisoner was put on his trial. From the evidence, it appeared that Greenway is a labourer living at Davidstow, and that he was at Camelford on the 17th of March in Solomon's public-house, and was, while in a state of stupidity, robbed of his watch and chain. Blight was seen near him about the time, and one of the witnesses proved that when he passed out to the yard he saw the prosecutor�s chain hanging out of his pocket, and that on his return into the house the chain was gone. Information was given to a constable, and Blight was immediately apprehended in company with Davis. The jury found Davis Guilty, and the Court sentenced both prisoners to Four Months' Hard Labour.
JOSEPH BISHOP, 16, was charged with having stolen a pistol the property of Mr. Richard HAWKEY, of St. Minver. The prisoner was in Mr. Hawkey�s service from the 20th of November to the 2nd of February, during which time the prosecutor lost the pistol in question, which was subsequently found at the prisoner�s mother�s house, in St. Issey. The prosecutor gave the prisoner an otherwise good character. Guilty � One Month�s Hard Labour.
JOHN LOCKETT, 12, pleaded Guilty to the charge of stealing a brass pan, the property of Abraham WATERS, of Kenwyn. Fourteen Days� Hard Labour, the last seven days in Solitary Confinement, to be then Whipped and Discharged.
GEORGE SMITH, 26, was charged with having stolen sundry pieces of leather and working tools, from the work-shop of Joseph FLEMING, shoe-maker, of St. Austell. The prisoner was in the employ of Mr. Fleming down to the 5th of November last, when being ill with fever, he was obliged to discharge him, and shut up his shop. Shortly afterwards there was a report that he was dead, and when he got better he found that his shop had been plundered, and he went with a constable on the last day of December to the prisoner�s house, and there found several pieces of the leather that had been stolen under the bed tie, and he also found some of his tools. The prisoner said he had bought the things in 1840, of Mr. NORTHEY, of Grampound, and had the bills in court, which he wished to put in. The Judge told him that they were not evidence; but he might if he liked call Mr. Northey, who was in court, to prove his assertion. The prisoner declined and the Jury found him Guilty. Six Months' Hard Labour.
THOMAS HAM, 14, was found Guilty of stealing 15 lbs of flour from Mr. Benjamin PHILLIPS, his master, miller of St. Austell. There was a former conviction also proved against him. The prosecutor stated that he was a base child, and the Judge sentenced him to Ten Years Transportation, with the hope that he could receive better instruction then he was likely to get in this country.
WILLIAM WORDEN, 25, was charged with having obtained a clarionet from Mr. Thomas William MADDOX, at Launceston, under false pretences. Mr. Maddox sworn � I am a shopkeeper at Launceston, and sell musical instruments; the prisoner came to my shop the first time a week preceding Christmas; he enquired whether I sold instruments; I said I did; he said he belonged to a band in Lezant, and they wanted a great many instruments; Lezant is four miles from Launceston; he said if I could render them as cheap as a neighbour of mine, Mr. BRAY, he could give me the order. He said he did belong to a band at South Petherwin, which is near Lezant, and had the ordering of the instruments for the band, and paid �20 in that way. I said I had no doubt I could render them as cheap as Mr. Bray for ready money. He then took up a clarionet, which was on the counter, and asked me its price. I told him 30s. for cash; he said it was very cheap and would suit the band very well, and he would have it on the following Saturday. He went away and did not come on the next Saturday. On the Wednesday following � the day after Christmas day � he came to my door and said he had come about the instruments. Since the last time he was there the band had had a meeting, and they were willing that I should supply them with instruments if I could render them as cheap as Stockham of Plymouth could. I then enquired who he was; he said he was William Worden, a master blacksmith, living at Lezant, and was employed by Mr. Phillips, and the Sergeants. He said the farmers had agreed to have a band, and that Messrs. John and George SERGEANT were in it. They are persons well known to me, they are persons of respectability and are gentlemen farmers. He said that Mr. Phillips had given 30s. towards the band and most of the farmers had subscribed towards it. Mr. Phillips is a county magistrate. He said that the band, had subscribed 3d. a week for many weeks past, and the money was in the hands of Mr. G. Sergeant, and he would be paid as soon as the instruments came. The prisoner said they were going to have another meeting that evening, Mr. G. Sergeant would be present, and the order would then be given for the instruments. He said this meeting was a supper feast, and that the Launceston band were coming over to play with them; he said that the selection would be made that evening, and the order would then be given. He then wished to take the clarionet with him that evening to show it as a specimen of the instruments, and he said he would pay 20s. as a part of the price on the Wednesday morning. I hesitated at letting him have it, and told him that was the price for ready money � that I gave no credit in that way of business. He then said why you have no occasion to be afraid of me, - I am a master blacksmith, and then he told the same story as before, and, moreover, that he had no account with Mr. Wm. PROCTOR, was going to take out iron, and come in on Wednesday to pay Mr. Proctor for the iron that he was going to take out that day, when he would call and pay him the 20s. After some consideration, and upon the statement that he had made to me, I let him have the instrument. On the following Wednesday, he did not make his appearance, and on the Saturday following, I went to Mr. Proctor to enquire if he knew Mr. Worden, a master blacksmith, living at Lezant. I saw no more of the prisoner. If he had not made this statement to me, I very decidedly would not have parted with the clarionet. Mr. Geo Sergeant, Mr. Proctor, and Thomas DAWS, the hind for Mr. Phillips, proved that so far as related to each of them, there was no truth in the prisoner�s statements, and Mr. Sergeant further stated that there was no band going to be formed in Lezant. Guilty � Six Months� Hard Labour.
HOUSEBREAKING. Mary LIDDICOAT, 18, alias GREGOR, and Sarah LIDDICOAT, 18, alias GREGOR, were indicted for breaking into the dwelling-house of Mr. George BILSON, of St. Columb, and stealing certain articles of drapery, money, &c.; and Elizabeth SCANTLEBURY, 26, was charged with having received the articles well knowing them to have been stolen. It appears from the evidence that on Sunday evening, the 15th of January, the prosecutor and his family, with the exception of his mother, who is blind and deaf went to chapel; and while they were gone the Liddicoats broke into the house, through one of the windows, and robbed the till of about �2 in copper, stole a number of pairs of stockings, five pairs of stays, a quantity of tea, and other articles. It was proved that Mary came into the house of Mrs. Scantlebury with the bundle, while Sarah waited outside to see that the coast was clear; and that a young man, named ROGERS, had cautioned Mrs. Scantlebury of the Liddicoats, he being in her house at the time, and suspecting they had been doing something wrong. The next day much of the money stolen was found on all the prisoners, and also some of the stockings, the tops of which had been cut off, and some other articles. Guilty. The Liddicoats were sentenced to Twelve Months' Hard Labour, and Scantlebury to Six Months' Hard Labour.
NISI PRIU. SMITH v. MICHELL and OTHERS. Mr. Sergeant BOMPAS and Mr. RAWLINSON for plaintiff; Mr. COCKBURN and Mr. M. SMITH for defendants. This was an action of trespass, in which the plaintiff, Edward SMITH, is a farmer residing about three quarters of a mile from Bodmin, and had lived on a farm there, called Plas Newyd, since 1841, and he brought this action against the defendants, Henry MICHELL, Edward MOUNTSTEVEN WRIGHT, George GEACH, and Richard HARRIS, for having taken a distress upon him improperly, and without legal title to do so. The defendants, Michell and Wright, claimed to be two executors of a person named NICHOLLS; Mr. Geach was an active agent of those two executors, and the fourth defendant was the bailiff. These parties had distrained upon the goods of the plaintiff, and had taken all his household furniture, and a very large proportion of his crops, both standing and otherwise, and had sold them. In the year 1840, the plaintiff first became acquainted with the testator, Mr. John Nicholls, the person through whom Michell and Wright claimed a right to bring their distress. He then principally lived at a public-house in Bodmin; he was a person of some little property, and this farm on which the plaintiff afterwards resided, consisting of about thirty acres, belonged to him. Some of this was newly enclosed land, and not in very high cultivation. It had been in the possession of a tenant who was sold up, and had left the farm not better than he found it, but probably much worse. The farm was then in such a state that Mr. Nicholls the testator found it almost impossible to get a tenant for it. Nicholls meeting with the plaintiff, who was a Devonshire man, had a conversation with him about this farm; he wished him to take it, but Nicholls and he could not agree. Shortly after, Nicholls wished the plaintiff to come down again; he came down, and there was a conversation about the farm. Nicholls asked as much as �60 for the farm - �2 an acre � Smith offered �1. 5s., and Nicholls then wanted �1. 15s. They could not agree, and Smith again went away. Nicholls having conversed with Smith, and having reason to believe that Smith was a good farmer, and knew how to manage the land, was exceedingly anxious that he should enter upon the premises, and he thought that if he got the farm into cultivation a rent might be fixed higher than if he went upon the farm as it was. After a time, Smith took the farm upon the understanding that if he got it into condition the rent, for the first year, should be of very little consideration between the parties. Smith entered into possession on February 1841, and did the best he could to get the farm into a good state by carrying large quantities of manure. Nicholls was well pleased with him; but not thinking the state of his health at all dangerous always put off the day for coming to an arrangement as to the amount of rent which Smith should pay. When pressed, Nicholls put it off and said he was not going to die yet � he should do very well, he would see how Smith conducted this farm for a year or two, and then he would agree about the rent. In November 1841, he was going to Mevagissey, and Mrs. Smith understanding that he was about to leave, applied to him and requested him to fix some rent, but he said he should be back again at Christmas, and put it off. He never returned again. Instead of coming home about Christmas he was unable to leave the place and on the 2nd of January, 1842, he died. The two first defendants, Michell and Wright, as executors of his will, subsequently applied to Smith to take the farm at �45 a year. He refused, stated that �1. 5s. 0d. an acre was sufficient, and he would not agree to take it at more. In conversation about the last year�s rent, he said that Nicholls would not charge him any thing, but he was contented to leave it for any third person to say what he should pay. Things went on unsettled till the Autumn, when the defendants put in a distress upon the property, and charged him a rental of �60, while they had themselves offered to let the farm to him at �45. They seized property which realised about �70 when sold. Several witnesses for the plaintiff proved these facts, and on the part of the defence, it was urged that the testator had made an agreement for a rent of �60 a year. One witness, formerly a clerk with Mr. Geach, spoke to a conversation that the testator had with Smith in 1840, when he told Smith that the rent would be �60, to which Smith, the witness said, made no objection. Two or three other witnesses for the defence were also examined, but all the witnesses on both sides, with the one exception referred to, said that they had heard Smith exclaim against a rental of �60 as being far more than the farm was worth. The Judge, in summing up, said if any specific rent was agreed upon by the plaintiff before he went in, or after he went in, and before the distress, then the defendants had a right to distrain; but if he took possession without agreeing to the rent, then the defendants might have brought an action, but they had no right to distrain. The right to distrain was only where there was an agreement for rent. The jury found a Verdict for Plaintiff, Damages �70.
NISI PRIUS. Monday, March 27. HAWKER v. FARWELL and ANOTHER - A Special Jury case. Counsel for plaintiff, Mr. CROWDER, Mr. COCKBURN, and Mr. SMITH; counsel for defendants, Mr. Sergeant BOMPAS and Mr. BUTT. The Plaintiff was the Rev. Robert Stephen HAWKER, vicar of Moorwinstow and the action was brought to try the right to a certain property claimed by Sir John Yarde BULLER, the real defendant. The defendants on the record were George Farwell (of Tothes) the agent, and George VENNING, tenant of Sir J. Y. BULLER; those parties having, by the authority of Sir J. Y. Buller, committed a trespass on a close of land occupied by the plaintiff, for the purpose of trying the title to the property. It was proved in evidence that the ground in dispute did not exceed three quarters of an acre, and its value was stated not to exceed 5s. a year; and Mr. Crowder stated, that undoubtedly Mr. Hawker would not have litigated the question at issue, but that he felt it his duty to support and maintain those rights of the church of which he was now the steward, the land in dispute being alleged to form part of the glebe of the vicarage. The cause occupied nearly two whole days in hearing, and the evidence was chiefly such as we should in vain attempt to render interesting or intelligible, without the aid of maps, and plans, such as were submitted to the jury. The summing up of the evidence was not concluded till nearly five o�clock on Tuesday, when the jury retired, and in about an hour returned a Verdict for Plaintiff with Nominal Damages. The Judge immediately certified to give the plaintiff the costs.
PEARCE v. GROSE. This was an action of trespass brought by Mr. Thomas Pearce, of Bodmin, against the defendant, to try the right to a wall which separates the courtleges of the premises belonging to the two parties in the cause. The evidence of the plaintiff was partly heard in the course of Tuesday evening and on Wednesday morning. By the direction of the court, a Verdict for Plaintiff was entered, subject to reference.
ELSON v. GROSE. Another action against the same defendant, was made a remanet.
PASCOE v. VYVYAN. This was an action against Sir R. S.[?] Vyvyan, Bart., as Sheriff for the year 1840. The plaintiff withdrew the record on terms agreed upon.
TRESAVEAN MINE. We are glad to find that the spirited adventurers in this valuable mine, have extended their machinery for lowering and raising the miners, to the deep level, which is 224 fathoms under the adit; and that, on Tuesday last, the men were brought up from that level in about 35 [?] minutes, greatly delighted with the exemption from fatigue which has been so humanely afforded them. We trust the example, which has been so nobly set by the Tresavean adventurers, will speedily be followed by other deep mines, the ascent from which in the ordinary way has so exhausting and injurious an effect on the health of the miners.
ST NEOT. Several of the clergy having refused to bury the children of the Bible Christians because they had not been baptised in the church, a benevolent gentleman (a member of the Church of England) who had given that community a piece of ground on which to build a chapel at St. Neot, has also generously presented them with a commodious spot for a cemetery, and on Friday last, the first corpse was deposited therein, being that of a child of Mr. D. MUTTON. A large concourse of people attended the funeral, and appeared deeply interested in the proceedings; and the new burying ground is likely to prove a great boon to other bodies of Christians in the neighbourhood, who have been threatened with the same treatment as the Bible Christians.
SEIZURE OF CONTRABAND GOODS. On Monday last, a posse of the Falmouth custom-house officers made an extensive seizure of contraband articles, at the house of Edward TOMS, who resides in Mulberry square, consisting of a large quantity of tobacco, a box of tea, seven or eight gallons of liquor, and several pounds of cigars.
SHIPWRECK. The "Restless," of Falmouth, got ashore last week, between Porth Cawl and the Skerr[?] Point, and has become a total wreck. Crew all saved, cargo partly.
FALMOUTH QUARTER SESSIONS. These sessions were held on Tuesday last, when there was only one prisoner for trial and the Recorder made a very few observations to the Grand Jury - Catherine SMITH was indicted for having feloniously obtained 30 lbs. of sugar from Mrs. LANYON, on the 23rd of February last. The evidence of Mrs. Lanyon, her niece, and others, made out the case most fully, and proved the prisoner to be an arrant rogue. She purchased some goods the evening before, and paid for them. Next morning, as soon as she entered the shop, to show her extreme honesty, she said to the girl who served her, that she had made a slight mistake in reckoning up the bill, for after she got home she found by her money she had not paid enough by sixpence, and immediately tendered that coin. The girl was scrupulous about taking it, not feeling convinced she had made an error. Prisoner then began to order largely, and first of all 30 lbs. of sugar. This was done up, and various other parcels were about to be completed. Meanwhile prisoner dropped her basket, which contained a bag of unsound flour, worth about 9d., and apparently in a great hurry to �catch the cart,� made off with the 30 lbs. of sugar. Mrs. Lanyon, caught with the honesty trick, continued making up the order and anxiously waited Catharine�s return. Subsequently hearing of her previous tricks, on the 28th she gave her in custody. The prisoner was undefended, and said in her defence that the party for whom she purchased the sugar complained of its colour, and refused to take it. Thereupon she was obliged to go into the country to endeavour to find a purchaser, and did not return until late the Saturday night. Sunday being no day of business, she left it till Tuesday, when she intended to call on Mrs. Lanyon, and just as she was sewing on some hooks and eyes to her gown, to enable her to go out, Mr. JULYAN, to her surprise, came in and apprehended her. This was her defence; but the jury was not to be taken by surprise by such a story, and they found her Guilty � Three Months' Imprisonment, and such labour as the jailor might think fit.
HIGHWAY ROBBERY. On the night of Thursday, the 23rd instant, about eleven o'clock, as Mr. KNIGHT of the Red Lion Inn, Liskeard, was returning in his gig from Southpetherwin, he was violently assaulted and robbed, near the latter place, by a man of whom he inquired the road, who took from him �1. 16., and left him weltering in his blood. Suspicion has fallen on a person in the neighbourhood, and no pains will be spared to bring the offender to justice.
FATAL ACCIDENT. On the 23rd instant, as two men at Cripple�s-ease, in the parish of Towednack, were lowering a ladder into a well by a rope which was attached to the windlass, for the purpose of descending to search for a kibble which had fallen to the bottom, it set at midway on a stone which projected from the side of the well; and while the men were in the act of dislodging it, it suddenly gave way, and set the windlass in rapid motion, the handle of which came in contact with the head of a lad, named William RICHARDS aged 11[?] years, and so dreadfully fractured his skull that he expired in three hours.
CORONER�S INQUEST. On Friday last, an inquest was held before J. CARLYON, Esq., coroner, near Chacewater in the parish of Kea, on the body of Richard STEVENS, aged 27 years, who was standing on a stage at work, in Wheal Fortune Mine, on Monday last, when the stage (which the deceased had put up himself about an hour before) turned over on one side, and caused him to fall a distance of seven or eight fathoms. He died from the effects of the fall the following Friday night. Verdict � Accidental death.
PIGEON SHOOTING. The challenge we offered on the 10th of February, to Shoot Pigeons, against any two persons in the County of Cornwall, was accepted by a William BALL, of Truro; and after arranging with him to meet us at Liskeard, on the 22nd of this month, and had provided our share of the Pigeons for that purpose, we were, on the eve of leaving Devon for Liskeard, informed by the said William Ball that he could not provide his portion of the Pigeons, and consequently should withdraw altogether from the match. The verdict on such unhandsome conduct will be left to a jury of his county. We still offer our challenge to any two respectable persons, but decline taking any further notice of the aforesaid William Ball. JARMAN & HARRIS, Crediton, March 28, 1843.
CORNWALL LENT ASSIZES. CROWN COURT. CASE OF John CUMMING. Mr. HOLDSWORTH moved to continue this case till the next Assizes, on account of the dangerous state of the prosecutor. They came from the Island of Scilly. The affidavit stated that the prisoner was apprehended on the 18th of March, and on the 22nd of March delivered to the gaoler at Bodmin. The constable, by whom the affidavit was sworn, stated that he saw the prosecutor on Sunday last, and that he was in a very dangerous and weak state, and so ill as scarcely to be able to recognize or speak to the deponent. The Judge granted the application, expressing a wish however, that a medical man, or the magistrate, had made an affidavit.
POST OFFICE. Mr. GREENWOOD, on behalf of Mr. HODGE, Solicitor, of Truro, applied to the Court to be allowed to explain why the depositions in a case of arson had not been returned. Mr. Greenwood stated that the depositions were put into the Truro post office in a letter, on Tuesday night, directed to the Under Sheriff, at Bodmin, and that they ought to have been received by the Under Sheriff, at Bodmin, in regular course on Wednesday, at twelve o�clock; that, not reaching the Under Sheriff, the prosecutor�s attorney despatched a special messenger through the night to St. Columb, to ascertain if the depositions were there. Not finding them there, the messenger went on to Truro, where he was told by the post-office authorities that they supposed the letter must have been missing. Under these circumstances, the Learned Judge was requested to accept a copy of the depositions instead of the original. The Learned Judge consented to do so, provided the attorney would engage to prefer a formal complaint to Colonel MABERLY.
TRIALS OF PRISONERS. Agnes WILLIAMS, 20, charged with having feloniously stolen a sovereign, the property of William Ball HARVEY, and Matthew MOYLE, drapers at Chacewater. The prisoner was in the service of the prosecutor, Harvey, for about ten days previous to the 4th of February. On the 30th of January, Mr. Harvey missed one of 17 sovereigns, which he had placed in a drawer, Prisoner was, a few days afterwards, charged with the theft, and after at first alleging her innocence, she said she would give up the eight shillings found on her, and the goods she had bought with the remainder of the sovereign, if Mr. Harvey would forgive her. Guilty. Three Months' Hard Labour.
RICHARD BENNY, 38, was convicted of stealing two bundles of straw, the property of Nicholas MAY, of the parish of Mawgan in Pydar. Guilty. Fourteen Days� Hard Labour.
RICHARD RICHARDS, 24, was convicted of stealing four ducks, a drake, and a goose, the property of George BECKERIEG, of the parish of Bedock. At the conclusion of the case, the prisoner, although he had been previously convicted of felony, had the cool audacity to ask to be allowed to call witnesses. The Court � Whom do you propose to call � the gaoler? I have just received a character of you, that you were last year convicted of felony, although, through a lucky accident for you, the certificate has not been handed in. I won�t insult the court or my own feelings, by allowing you, a convicted felon, to call witnesses to character, though, as the certificate of your former conviction is not here, I cannot punish for that. Guilty. Six Months' Hard Labour.
WILLIAM MULLIS, 15, and Thomas EVANS, were convicted of stealing a barn-door fowl, and three eggs, the property of Thomas BARON of Lidcot farm, in the parish of Bodmin - Guilty. Each One Month's Hard Labour. The Last Week in Solitary Confinement, and the Privately Whipped.
JOHN RICHARDS, 72, charged with feloniously uttering a piece of counterfeit coin, resembling a half-crown. Mr. MOODY conducted the prosecution, on behalf of the Commissioners of her Majesty�s Mint. The Learned Gentleman observed that generally speaking, charges of this nature were merely for misdemeanour; but the Legislature had very properly enacted that after one conviction of any such misdemeanour, a person again convicted of the like offence, should be held to be guilty of felony. The present was a charge of this nature. The utterance of three base half-crowns, in one afternoon, at St. Agnes, by the prisoner, was clearly proved, as also that in each case he received upwards of two shillings in charge, he having good money in small change in his pocket. Mr. POWELL, assistant-solicitor to the mint, proved that the half crown, were counterfeit; and also produced an examined copy of the record of the prisoner�s former conviction. Mr. EVEREST, of the gaol, proved the prisoner to be the party referred to in the record. Guilty. Seven Years� Transportation.
JOHN FUGE, 33, charged with uttering a counterfoil shilling, with intent to defraud John HOSKEN, of St. Breward. The prosecutor kept an Inn at St. Breward, and the prisoner offered the shilling in payment for a pint of beer; but an exciseman, who was present, examined the coin, and took the prisoner in custody. In proof of the prisoner�s extensive dealing in counterfeit coins, it was stated by Richard DAVEY, a miller of Camelford, that the prisoner, on the 1st of February, asked him if he had any money. On witness�s replying no, prisoner showed him what he called a shilling, and asked him what he would give for it. Witness found, by the ring, it was not silver, but prisoner said it would do as well to go to a card table with as the best ever coined; but added that if he was to go with it, people would look on it with mistrust, and say "That is one of Fuge's again." He then offered, if witness would like to have some, to give him 20 for 5 good shillings. The prisoner�s utterance of had shillings to several parties was proved; and Mr. POWELL, solicitor to the mint, proved that the shilling produced by prosecutor, as taken from prisoner, was counterfeit. Guilty. Six Months' Hard Labour.
JOHN ROBERTS HOCKING, 19, was convicted of stealing a drake and three ducks, the property of Thomas GOLDSWORTHY, of Wendron. Guilty. Four Months� Hard Labour.
FRIDAY, MARCH 24, 1843. FORGING ASSAY MARKS. Samuel LOCK, 41, was charged with having certain forged or counterfeit stamps, to resemble the stamps used by the Goldsmiths' Company in London and with having in his possession the said stamps, knowing them to be forged and counterfeit. Mr. POULTON conducted the case for the prosecution, and Mr. RAWLINSON appeared for the prisoner. Mr. Poulton stated the case. He appeared on behalf of the Company of Goldsmiths in London, who were here in pursuance of duties devolved upon them by certain Acts of parliament, under which they are now acting, and who felt that it was their duty, as far as they could, to protect the public against frauds such as that charged against the prisoner. Various Acts of Parliament had been passed for the protection of commerce in this kingdom, and for the protection of gold and silver. At a very early period, a certain company was established for the government of the trade in gold and silver wares. At a subsequent period, other companies were formed in different provincial towns throughout the kingdom for the same purpose. One of their regulations was, that no gold or silver wares should be allowed to be sold to the public unless of a certain standard or alloy, and for the purpose of taking care and preventing improper articles from getting abroad among the public, it was left to the different companies to assay and mark the articles so made previous to their sale, if those articles were found to be genuine and of the standard required by the law. The Learned Counsel then referred to the Acts of parliament which made it illegal for persons to have counterfeit stamps in their possession, and stated the facts in this case, in which the prisoner had impressed the lion passant, on some base spectacles. The Learned Gentleman then called John BROOMING, who said I am a police constable at Launceston; in consequence of information I received, I went to the house of Elizabeth MULES, on the 17th of September about ten in the morning; I saw Mrs. Mules; when I got there I apprehended Jane LOCK; she was in one of the rooms; I took her to Mrs. MAUNDER, and then to the Mayor; in going on to the Mayor�s the male prisoner, who followed me from the house, asked me what I apprehended her for. I told him it was for selling second-hand silver spectacles which had proved to be contrary; he then said that it was a pair she had got in exchange. Afterwards, when we got to the Mayor�s, he said he could satisfy him where he got these spectacles � that he had a card in which he could prove that he bought them at Birmingham. Both the parties were then remanded. I went back to Mrs. Mules�s the same day, directly afterwards. When I got back, I told Mrs. Mules my business, and she pointed me to the rooms the prisoners occupied; I went into the room, and saw different sorts of spectacles on the table, and some tools used in making them. I took these articles away, and have had them in my possession ever since. I have a quantity of common spectacles � four pairs finished, and several dozen unfinished ones. I found them in a box, which contains glass paper for polishing, and files and tools used. The dies that are here were in a little box. When I first went to the house and saw the prisoner, he was working about spectacles. I have examined these stamps; one has the lion passant upon it. The finished spectacles have the lion passant upon them. I showed him those things after I found them. Cross-Examined - The unfinished spectacles are sold in their common state about the country. The finished ones have been polished and burnished. While I was in the room the man stood up at the table. The stamps and spectacles were lying on the table open. Elizabeth Mules examined - I am wife of Robert MULES, of Launceston. I know the prisoner; he came to my house as a lodger three days before he was taken into custody; his wife came with him. I let them a lodging. I saw Brooming at my house on Saturday morning; I was in the outer room, and Brooming asked me for the spectacle man, and I pointed my hand to the prisoner; the door stood open. By the Judge � The prisoner and his wife had not that room to themselves. Two or three other persons had that room at the time. By Mr. Poulton � I believe the prisoner was at work at the time, on spectacles. I saw those things on the table. The prisoner brought his things to the house, and the next morning I saw him at work. Cross-Examined - He was at work perfectly open � cleaning spectacles. There were four of my own family in the house. Thomas HOUGH examined � I am one of the officers in the assay offices of the company of Goldsmiths in London. I am perfectly acquainted with the business of stamping there. I see the stamp of the lion passant here. The Goldsmith�s Company use a lion passant in stamping. This one resembles the lion passant that they use. It is counterfeit. The spectacles produced are brass silvered over � base metal. I find an impression of this lion passant upon the whole of these four pairs. The unfinished spectacles are what we term white metal in London; they are base metal, but not the same metal as the finished ones. There is no stamp upon them; if they were intended to be stamped, I should say that they are not yet forward enough. I have examined these other papers. These are the powders that are used in silvering. If these spectacles were rubbed with it, I should say that it would give them the appearance of silver. By the Judge - I have not tried it. The whole of one packet containing about a dozen pair, are of the same metal as the finished ones. Upon cutting them I find that they are all of that base metal. Cross-Examined - They are all brass. The whole of them are of one make. I never saw any of the other stamps put on by the Goldsmith�s Company. I should say persons would mistake who saw this lion passant. I never saw an anchor put on by the Goldsmith�s Company. They never put the crown on silver, but they do on gold. The pebble stamp is in possession of every spectacle maker. By the Judge � The crown is similar to that used by the goldsmiths � but not so well cut. John Maunder examined. I live at Launceston. I deal in hardware, cutlery, jewellery, and a very good assortment of spectacles. I see stamps upon these. In my judgment these stamps resemble those put upon silver � I was deceived. They would be likely to deceive a common observer. I have sold spectacles both new and second-hand for thirty years. I was deceived by those marks. I have seen the bag of powder before, and have tried it � it is used in silvering; salt is used for the same purpose. Thomas DARKE examined. I am clerk to the Magistrates at Launceston; was present at the examination of Samuel Lock on this charge. He made a statement after the usual caution. He said �yesterday fortnight I was walking between Redruth and Truro, a man overtook me; he had the two boxes with him which the policeman has now produced. I am in the trade, and I bought two dozen spectacles stamped in the same way; the others I bought in Birmingham. The man then went about his business. I bought the stamps and dies of the same person.� This being the case for the prosecution, Mr. Rawlinson addressed the jury for the prisoner, and the Learned Judge summed up, after which the jury found the prisoner Guilty. Fourteen Years� Transportation.
JANE LOCK, 45, wife of the last prisoner, was indicted for having sold, and exposed for sale, certain spectacles of base metal, silvered over to resemble silver, and stamped with forged stamps, well knowing the same to be forged and counterfeit. The main facts were the same as in the last case, Mr. Maunder and Mr. Brock giving the additional evidence that they had each bought a pair of spectacles from the prisoner which she represented as silver. Guilty. Fourteen Years� Transportation.
WILLIAM THOMAS MORRIS, 21, was Acquitted on a charge of stealing a fir pole, the property of Robert DAVEY, of Pentwean. There was another indictment, charging the prisoner with stealing a hammer, pincers and prong, the property of Joseph JOREY, brother-in-law of Davey; but on this the prisoner was also Acquitted. On a third indictment, charging him with stealing a chisel, the property of Roger HODGE, no evidence was offered, and on that the prisoner was also Acquitted.
THE BODMIN BURGLARY. John HILL, 31 a ruffianly-looking fellow, and John HALLS 22, both old offenders, were charged with having broken and entered the office of Mr. Preston WALLIS, on the night of the 4th of January last, and stolen money under circumstances which will be found detailed at length in the evidence. Mr. RAWLINSON appeared for the prosecution; the prisoners were undefended. Mr. Rawlinson having stated the case called Mr. Preston Wallis, who was examined. I have some officers in Market-street, Bodmin; on the night of the 4th of January, I left my offices about nine o�clock; it was the duty of one of the clerks to bring the keys when they leave. The next morning I went to the office at half-past seven. Isabella ROWELL examined � Is employed to look after Mr. Wallis�s offices; on going into the office on the morning of the 5th, I noticed one door open and the back-door lashing; when I came into the large office, I saw a part of the door broken off; then I got to the back-door and saw the roof of the house cut down, as if cut with a hatchet. I ran away directly to call Mr. White, one of Mr. Wallis�s clerks. Wm. John WHITE examined. - I am one of the clerks to Mr. Wallis. I live in a house adjoining the offices. I recollect on the morning in question being called by the last witness. I locked up the offices myself, and I sent the keys in to Mr. Wallis. On going in the next morning, I observed a hole through the roof over the passage. The roof is considerably lower there than in front. At the outside of the back-door lay a hatchet, and on the sill of my window a chisel. I went into the offices again, and found Mr. Wallis�s door broken open and the clerk�s door also, and all the drawers in both offices drawn out. I gave the chisel to Wm. BRAY, and the hatchet to John POPHAM, constables. John Hender PENDREY examined � I am a clerk to Mr. Preston Wallis, and have a desk in his office. On Wednesday, the 4th of January last, I had four several sums of money in my desk � one of �2. 1s. 10d. loose � another of �1. 8s. 6d. in a paper � a third in a bag �11. 14s. 6d. consisting of two �5 notes of the East Cornwall Bank, I believe, and another bag with about �12 or �13. I am not positive whether that was in notes or gold. The first three sums were Mr. Wallis�s � the other belong to other parties. Those same were all gone the next morning. My desk was locked on the night of the 4th. It had been opened by a chisel, which I found under the drawer. The things were in a very disordered state. I handed the chisel to Bray. I compared that chisel with the marks on my desk, and they answered exactly. Richard BURROW examined. � I am a clerk in Mr. Wallis�s office. I have a desk, which I keep locked. On coming on the 5th, I found it broken open and everything tumbled about. I missed a species of advertisement purporting to have been issued by a hair-dresser of Plymouth � commonly termed a Bank of Elegance note for �50. It was torn at the right corner, and the part torn off was wrapped up in the note. I found an iron bar along side of my desk, which was given to Bray. That note was my property. Several witnesses were then examined, whose testimony furnished an unbroken chain of circumstantial evidence which went to show that the robbery had been committed by the prisoners, who had been discharged from gaol on the morning of the 4th of January, when they had no money beyond half-a-crown each, which was given them by the principal turnkey. The implements they used for breaking into the premises had been stolen from a wheelwright�s shop, and an adjoining quarry, where their footmarks were discovered. On the day preceding the robbery, they were seen loitering about Mr. Wallis�s offices, and apparently examining the premises. On that day, too, they bought some Congreve matches. Footmarks were also found on the premises, with which Hill�s shoes corresponded. John POPHAM examined - I took Hill into custody at Millbrook, near Devonport, on the morning of the 6th, about half-past six; he was in bed; on looking about the room I saw the shoes. I saw him put them on. I brought him to Torpoint, and he came back with Burrow and others. John HOCKADAY examined - I am a post-boy at Webb�s hotel Liskeard. On the morning of the 5th of January last, two men came to my master�s house at about a quarter after eight; the prisoners were the men; they wanted a gig� I saw them at the entrance into the yard, where they got into the gig; my fellow-servant gave me the money, 12s. 6d.; they hired me to drive them to St. Germans; I drove them to Torpoint. As we were going, Hill asked if it would be any difference if I drove them to Torpoint. I said no, if they paid me the difference. I drove them to Torpoint, and Hill paid me 11s 6d. extra. While driving, Hill told me he was going across the water. They said they should change their toggery when they got the other side of the water � they were wet. William STEVENS examined � I am a tailor and clothier, living at Cornwall-street, Devonport; on the 5th of January the prisoners came to my shop about a quarter past eleven; Hill enquired the price of a coat that was at the door. I told him, and enquired of him whether they wanted any clothes, and they sad the did want some; but Hill said I want a note changed. I enquired of him what one? Hill said, I don�t think that you can do it. With that I said, how do you know whether I can or not? If I cannot change it myself I can get it changed. With that he said it was a �50 one; he came inside and took out three or four notes, and then he gave me this �50 Bank of Elegance, folded up together. I saw that there was a piece of the upper corner torn off and wrapped in it. I read the note to myself and told them that it was not worth a farthing, and that he was liable to transportation for offering such a note. I read it to him, it was about a barber in Plymouth cutting hair and shaving. Then he said it was a grand mistake, there was a party of them that were smugglers, and he said I have got plenty more; with that I gave him the note, and proceeded to deliver them some clothes. I think there were three or four notes in his possession. Hill had a pilot coat, a blue pair of trowers, and a comforter. The clothes came to �.4. 3s.; Hill said he would give only �.3. 19s. I took it, and he gave me an East Cornwall Bank note. I could not get it changed, and Hill afterwards paid in sovereigns. By Hill. � I saw more than the four sovereigns you paid � I should think about three or four more. I can speak positively as to three notes besides the Bank of Elegance. Thomas ROGERS, examined � I am a marine, and was stationed at Plymouth in January last. On Friday, the 6th, I was on my way into Cornwall, and was overtaken by a van-man on the road about a mile and a half from Torpoint. The prisoner Hill was in the van. I got into the van. Sometime afterwards I was left alone with the prisoner. It was about seven in the evening; he was handcuffed; he said have you got a nail? I said no. He said, if you had I would soon make a slip of them. I said, it appears by your conversation that it is a curious sort of concern. He said yes it was, and that�s what makes me so uneasy. He said it�s true that he was one of the party that broke into the office, but he was not the person himself that went in. He said after we got to Bodmin, that what I had heard I need not say any thing about. That was just as we were getting out of the van. Stevens was then in the van. By Hill � I believe it was at Bodmin where you told me not to say what I had heard and not at Liskeard. Prisoner � You will find in the former evidence that you said Liskeard. The Judge � There is no place named. Have you any other question to ask? Hill � Do you come here to give lying evidence or to do justice to our sovereign lady the Queen who prosecutes � or do you come here to get money and liberty? Witness � Oh no, I do not think of any such thing as that � that�s nothing to do with it. I was told I might have a few days more while I was down, but I would not have it. Hill � I wish to ask him whether he does not expect that the Lord will strike him dead where he is, or the Devil take him away alive for what he says? (great sensation) The Judge � You won�t make me or the jury think any better of you by such observations as those. To the witness � The prisoner wishes to know whether you are speaking the truth? Witness � Yes. The Judge � You are not afraid of being punished for speaking falsely? Witness � No, my Lord. John BEARD examined � I am a labourer, living at Probus. I was in Bodmin gaol last year for nine months, for stealing potatoes; while there I knew Hill the prisoner; I was there in the same ward with him. I was discharged nine days before Christmas. I knew Halls. I remember on the 8th of January the prisoner Halls came to my house. When he came in he asked me how I was; I told him as well as I could expect. In a few minutes my wife went up stairs to put the children to bed; then Hall said that Hill was taken at Devonport, and put in the black hole. I asked him through what means, and he said for breaking into Mr. WALLIS�s bank at Bodmin. Then my wife came down stairs, and I told my wife that Hill was taken, and she asked what it was for. She asked the young man whether he had a hand in it, and he made a bit of a stand and said no he had not. Then she said, my dear man, I hope you had not got a hand in it, and he said no he had not. My wife asked of he how far he was agoing; he said he did not know where to go, he was very much fatigued, and was drove up for the want of money. I said I had no objection that he should sleep with me for the night. I was then sleeping by myself for I had a bad leg. Then he threw a penny on the table and my wife fetched a pennyworth of bread for him, and made him some tea. After that we went to bed, and I asked of him by what means Hill broke into the bank; he said that he and Hill went up to the head of the town and took a bar of iron out of a quarry, and broke into a carpenter�s shop and took some tools, and they then went down to the bottom of the town and buyed a box of Lucifer matches, and to the head of the town and bought a half-penny candle, and about one o�clock they proceeded to break in the building. He said they tried to break in the door and could not; then they got into the roof, and Hill got down inside and sprang the door inside with a double spring lock, and he let Halls in � then they proceeded to break the locks in search of money. They broke almost every lock in the place before the found any; at last they came to one drawer where there was some gold, some silver, and some notes. He said they then went on to Devonport, they went to Liskeard, and there employed a gig, and gave 10s. for the gig to carry them from there to Devonport, and there they bought some clothes � that Hill took out a �50 note which the shopkeeper refused, and asked him how he got it, and he said he had been foreign for a cargo of goods, and took that in part payment for them � and then he put his hand into his pocket and gave him a �.5 note � that the tailor could not change it, and that he then gave him four sovereigns, - that they moved from there and then went to a public-house to take refreshment, and there Hill burnt the �50 note. They stopped there for some time, and Hill gave Halls 10s. and promised to meet him the next day at eleven o�clock, to share the money; that Hill gave a boy 2s. 6d. to carry a new shawl and gown to his wife, and to ask of she whether she would come to him that night or he to she. The next day before eleven o�clock had come, word came to him that Hill had been taken into custody. Halls then went to try to get a berth in a ship, but could not, and lost all his money with a girl. He then stated how he had walked on to Probus, carefully avoiding the town of Bodmin, and sleeping by night in a barn. The next morning when witness got up he told his wife the whole of the story, and she went for a policeman and had Halls taken into custody. Witness made these statements before a magistrate before he had heard any of the evidence. The Judge to Hill � Is there any question that you would wish to put. Hill � I have no question to put to him, but I wish to know whether he was a legal evidence to be taken � he has been twice convicted himself. The Judge � Yes he is. The bar and pick were produced, and identified by the quarry-man as those that he had left in the quarry on the 4th of January. The Learned Judge then summed up, and the jury immediately found a verdict of Guilty against both prisoners. Mr. Everest proved a former conviction for felony against both prisoners, and the Learned Judge sentenced them to be Transported for Life.
WILLIAM BROKENSHIRE was Acquitted on a charge of having stolen a ham from James POLKINHORNE, of Tywardreath.
WILLIAM JACKSON was found Guilty of having stolen a fowl, the property of Edmund EDWARDS, a farmer, of Ludgvan, and sentenced to Three Months� Hard Labor.
NISI PRIUS COURT. THURSDAY, MARCH 23, 1843. (Before Mr. Serjeant ATCHERLEY.) MEDLAND v. MORRIS - This was an undefended action, brought by the plaintiff, a maltster, in St. Austell, against the defendant, who keeps an inn at Luxulyan, for the recovery of �25. 0s. 10d. for malt supplied to the defendant. Several witnesses were called, who proved the supply of malt to more than the amount claimed, and a Verdict Was Found For The Plaintiff. Counsel for the plaintiff, Mr. BUTT.
BENNETT v. CARDOZO. Mr. Merivale stated that the parties reside at Redruth, the defendant being a mine agent. The action, which was undefended, was brought by the plaintiff for the recovery of �. 37. 5s. 3d. due on a bill of exchange. The bill was put in and proved, and a Verdict For The Amount Given.
DOE dem. SNELL and ANOTHER v. TOM. This was an action of ejectment. Counsel for plaintiff, Mr. CROWDER and Mr. HUGHES; attorney, Mr. PETER. Defendant�s counsel, Mr. BUTT; attorney, Mr. ROWE � The facts in this case were that in 1802, Thomas Tom, the then owner in fee of Lower New Park tenement, in Jacobstow, mortgaged by demise for 1,000 years, the said tenement to one Cole, for �.300. In 1805, Cole and Tom, the mortgagor, transfer this mortgage to WORDEN and BROWN, who advance �. 20 more on the security. Prior to 1819, the whole of this money had been discharged, but the mortgagees had not released their interest. By indearment, dated 2nd and 3rd of April, 1819, made between Tom of the first part, Worden and Brown of the second part, and John BAKER of the third part, and N. PENFOUND of the fourth part, Tom mortgages to Baker the fee to secure �.150 and interest, and Worden and Brown assign the 1,000 years term to Penfound, in trust for Baker, and to attend the inheritance. In these indentures is a clause whereby Tom, for better securing the repayment of the mortgage-money and interest, attorns tenant to Baker, and the quarterly rent of �.8. In September, 1823, Tom requiring a further advance applied to Mr. SHORT, one of the lessors of the plaintiff, to discharge the mortgage debt to Baker. This was accordingly done, and a further advance of �70 was made to Tom. An ad valorem duty of �1. 10s. only appeared on this transfer. From inadvertence the transfer to Mr. Short was not executed by Baker, but evidence was given that the money had been paid, and a release and conveyance by Baker�s heir-at-law and devises, dated prior to the demise in the ejectment, was proved. The 1,000 years� term had also become vested in Mr. Snell, the first lessor of the plaintiff, in trust for Mr. Short. George Tom, the defendant, was the heir-at-law of Thomas Tom, the original mortgagor, and had repeatedly paid interest on his debt to Mr. Short. The verdict was given for the lessors of the plaintiff, with leave to move for a nonsuit on the grounds that a tenancy was created by the deed of April, 1819, on which deed there was no stamp applicable; and secondly, that the transfer of 1823 should have a deed stamp in addition to the ad valorem duty.
HICHENS and OTHERS v. SYMONS and UXOR. Mr. SLADE and Mr. EDWARDS for the plaintiff; Mr. M. SMITH for defendants. This was an action of trover, in which the plaintiff sought to recover, in the character of an administrator to his son, who died intestate, certain goods and chattels, from the defendant and his wife. The parties live at Newlyn, near Penzance, and the deceased was a fisherman. He was possessed of certain household property and nets, which he used in his employment. He was married to Susan SYMONS, one of the two defendants, and in May, 1839, while following his pursuits, a storm arose, during which the vessel in which he was foundered off the land�s-end, and he was drowned. He had on board four herring nets, three of which were subsequently found, and taken to the house of Martin Hichens, the plaintiff, and father of the deceased. The widow remained in the house, and was allowed by the father to keep possession of the furniture, and to use the nets and receive the profits that accrued from them. This permission was continued down to last year, when she thought proper to marry her present husband, Robert Symons; and in order to get possession of her late husband�s nets, asked for them to repair. Having got possession, she disposes of them to her brother. The elder Hichens then proceeded to take out letters of administration to his son�s effects, and called upon the defendants to give up his son�s property, which consisted of goods estimated as worth, at the time the intestate was drowned, about �20, and certain nets estimated altogether to have been worth nearly �30. Several witnesses were examined who spoke to the sale of the property, but Mr. Smith sought to establish that things were given by the father of the deceased to the female defendant. The Learned Counsel commented very severely on the great hardship and cruelty of the case, and dwelt upon the fact of the plaintiff having put it at first into the hands of Messrs. JOHN and ROOD, and then in Mr. F. PAYNTER�s by all of whom, when they came to hear the defendant�s statements, it was given up. The Learned Judge, in summing up the case, told the jury that the gift, to be a good gift, supposing that there had been one at all, must be made after the father had administered to the son�s effects. The jury found a Verdict For The Plaintiffs, Damages �5.
HARVEY v. BENNETTS. Mr. CROWDER stated that in this case the parties had agreed to a verdict by consent for 40s.
LEY v. SHUGG. Mr. Serjeant BOMPAS and Mr. BUTT for the plaintiff; Mr. CROWDER and Mr. MERIVALE for the defendant. In this case Edwin Ley, Esq., was the plaintiff, and Robert Shugg, mason, of St. Ives, the defendant. Mr. Ley has a dwelling-house in St. Ives which is occupied by a gentleman named BAMFIELD, and he complained that the defendant in building a house adjoining had done it in such a manner as to injure very greatly the house occupied by Mr. Bamfield. The Learned Serjeant stated that the defendant had pulled down one tenement and had erected two in its place � that in building these he had contrived to shoot the water off from his own houses on to that belonging to Mr. Ley, which had in consequence injured the walls and made the house very damp, added to which the defendant had also darkened a stair-case in the plaintiff�s house. The Learned Serjeant was proceeding with the statement of the case, when the judge suggested whether it ought not to be admitted to arbitration, as the best means of arriving at a conclusion as to what should be done. Both parties, after consultation, assented to the suggestion, and a Verdict Given For The Plaintiff, subject to a reference to an arbitrator, who should have the same powers as a judge at nisi prius, and say what ought to be done between the parties.
DOE dem. DAVEY v. GENT. Mr. CROWDER and Mr. BUTT for the plaintiff, and Mr. GREENWOOD and Mr. TAPPRELL for the defendant. This was an action of ejectment brought to recover possession of certain premises called Notter Mills, and the dwelling-house attached, in the parish of St. Stephens by Saltash. The case was partly heard today, and concluded on Friday when a Verdict Was Given For The Plaintiff.
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