cornwall england newspaper

1846 NEWS

AUGUST

7 August 1846, Friday

LOCAL INTELLIGENCE

THE POTATOE BLIGHT - In St. Just in Penwith, and the neighbouring parishes, nearly all the early crops of potatoes are destroyed, except on the sea coast, where they seem to be less affected by the blight. The late crops, in some instances, the farmers have ploughed up, and have not saved a single potatoe. We fear that this description applies to a large portion of the county.

TRECAN GATE COTTAGE GARDEN SOCIETY - The twelfth annual exhibition of this society was held, by the kind permission of the Honourable G. M. FORTESCUE, in Boconnoc Park, on Wednesday, the 29th ult, when the weather being fortunately very fine, a large concourse of visitors was attracted to the spot, which is one of the many beautiful points of view in that lovely and extensive scenery. [They then list all the gentry present.] The chair was taken at half-past two, by MR. COLMAN RASHLEIGH, who enlarged in a pleasing manner upon the advantages resulting to the poor from such institutions, and the benefits which arise from the different classes of society, rich and poor, mingling together in happy intercourse at such meetings. Upwards of one hundred ladies and gentlemen afterwards dined together in a booth, tastefully decorated with evergreens and flowers, when the usual toasts were given, and responded to, while the Liskeard band enlivened the scene by playing appropriate airs. The absence of Mr. Fortescue, who is in Germany on account of his health, was much regretted, as was that of Miss Kempe, of Truro, who was one of those who assisted in the first formation of the society. There were some fine specimens of fruit, flowers, and vegetables exhibited from the gardens of Boconnoc, Lanwithan, &c. The articles sent by the cottagers were not as numerous as usual, but were much finer in quality than they have ever been before, excepting the potatoes, in which there was a sad deficiency. More than GBP 30 were distributed among the cottagers by the Rev. RICHARD BUTLER, the secretary, and the REV. ARTHUR TATHAM, the treasurer, for prizes for the different productions of the gardens, the cleanest cottages, and neatest gardens. Nearly fifteen pounds were received at the gates for tickets of admission. The scene was altogether very cheerful and animated; the cottagers, with their families, especially, seemed to enjoy themselves; and though the assembly was so large, nothing disorderly occurred, and the greater part returned at an early hour to their homes, well pleased, we believe, with one of those occasions - which are, indeed, too few - of innocent enjoyment afforded to the labouring poor.

PILCHARD FISHERY - Gerrans Bay - On Friday night last a sean shot in this bay, and caught about eighteen hogsheads of pilchards.

Charlestown - The drift boats continue to take from five to six thousand fine fish every night and the seans are all under pay, but nothing has been done by them yet.

Fowey - The drivers continue to take fine pilchards, which have been sold here at 1s.3d. per 120. The seans are getting ready, and two have been out several nights, but without success.

St. Ives - Several large shoals of pilchards have been seen from the hills during the week, and the drift boats are bringing in 5,000 to 10,000 per boat. Four or five seans are already put on board, and if the fish draw nearer the land it is expected the men will be put in pay next week. Most of the boats are returned from the coast of Ireland, the herring fishery having been a complete failure. Some of the boats have not taken enough to pay their expenses.

Falmouth - The Falmouth boats this week have not been very successful, the catches averaging from 500 to 2,000. One of the St. Mawes seans shot on Tuesday, but the fish taken were few in quantity and small in size.

Porthleaven - The largest number of pilchards ever known to be taken by the driving boats of this port, was landed on the beach on Wednesday evening last, and at once disposed of at from 1s.0d. to 2s. per hundred.

FALMOUTH REGATTA - It will be seen by an advertisement in another part of our paper, that this regatta will take place on Monday, the 31st inst. The subscription to provide prizes have been most liberal, and we expect a fine days sport.

ETON COLLEGE - We have pleasure in noticing amongst the orationers at this college, last week, Mr. ALGERNON GULLY, son of the Rev. S. T. GULLY, rector of Berrynarbour, and grandson of the late WILLIAM SLADE GULLY, Esq., of Trevennen, in this county.

THUNDER STORM - On the morning of the 30th ult., St. Austell and its neighbourhood was visited by another severe thunder strom, which continued for several hours. The thunder was awfully loud, and the lightning vivid and almost incessant. No damage was done around Saint Austell; but, Mr. Rogers, of Trenant, Fowey, had a fine colt worth thirty guineas killed by the lightening, and Mr. Thos. Stick WHITE of Trebilcock, in the parish of Roche, had three fine horses killed by the electric fluid that morning as they were grazing in the field. The horses were some distance from each other at the time of the accident.

RARE OCCURRENCE - On Sunday last, a flock of six wild ducks dropped into the Gorse of Swan Pool, Falmouth, and on the following morning three of them were shot by a sportsman of the neighbourhood.

THE CORNWALL RAILWAY - On Friday last, the news of the withdrawal of Lord Brougham's motion, for the printing of the evidence, and the consequent passing of the bill, was received at Falmouth with every demonstration of joy. The band paraded the streets, fire-works were displayed, and several of the inhabitants illuminated. Next morning, when the tone of excitement had sobered down, the Centralists, finding according to the Times and other morning journals, that his lordship's motion was agreed to, played off a joke on their opponents by rumouring it was all a mistake - that the West Cornwall had passed, not the Cornwall. The joke took, and had its effect for a few hours, during which it was amusing to observe the little groups of anxious faces sustaining their hopes by every imaginable explanation. The next post, however, put all to rights, and brought balm to all the wounded spirits. On Friday, (this day,) there is to be great rejoicing. Music, a splendid display of fire works, illuminations, bonfires, and all kinds of demonstrations will be made. The expense is to be borne by a public subscription, which already amounts to a considerable sum. There will also be numerous private dinner parties to celebrate the event.

ACCIDENT ON THE ROAD - On Friday last, as MR. MORGAN attorney, of Launceston, was returning to that town in his gig from Exeter Assizes, he met, near Polson Bridge, MR,. WARD, land-surveyor, of Milton Abbott, and another individual with him, driving very fast in a gig, about seven o'clock in the evening. These gentlemen went to keep the near, or left-hand side of Mr. Morgan, by which means the two gigs came in contact, and Mr. Morgan's gig was shivered to pieces. Neither party, however, received any injury, but Mr. Morgan's coat was much torn. [Ed. Note; It must have been a VERY slow news week.]

CORONER'S INQUESTS - On Monday last, an inquest was held at Tresillian, in the parish of Probus, before JOHN CARLYON, Esq., coroner, on the body of HENRY JEWELL, aged eight years, who was said to have died from having had too much beer given to him in a harvest field, last Saturday. The coroner, in his charge to the jury, stated that if it should be proved before them that any one had given a child of such tender years as the deceased an improper quantity of beer, or other liquor, so as to cause his death, the offence would be manslaughter, even if it was found to have been given out of sport or frolic. From what he had heard of the case they were about to enter on, it was one which would require a strict investigation, and it would be for them to say, after they had heard the evidence, whether the death of the deceased was caused by what he had drunk or not. It appeared that the deceased went to the harvest field of MR. JOHN MICHELL, innkeeper, Tresillian, last Saturday afternoon between three and four o'clock. He had been playing truant all the morning instead of going to school, and had not been at home to dinner. He returned between eight and nine o'clock in the evening, and his mother saw he had been drinking. He said that THOMAS WEEKS had given him nine cups of beer, but he was complaining most against a young man, called RICHARD MOSGROVE, who, he said, had taken away some apples from him. He had been sick in the field, and was sick again soon after he got home, and went to sleep on the table. Shortly afterwards, his mother put him in bed, where he slept till about three in the morning. He was then seized with fits, and died. The evidence was very conflicting as to the quantity of beer that had been given him, and as to the effect it had upon him. The jury, after a patient investigation of all the circumstances, did not attribute his death to the quantity of beer that had been given to him, and came to a verdict of sudden death from natural causes.

On Wednesday last, an inquest was held in the parish of Gorran, before JOHN CARLYON, Esq., on the body of WILLIAM SIMMONS BLAMEY, aged 15, of Veryan Green, who was killed on the preceding day. The deceased had been for the last fifteen weeks in the service of MR. WM. PARNELL, farmer, of that parish; and was sent on Tuesday afternoon with a waggon drawn by two horses, to fetch home rakings from a field not half a mile off. His master's son, WILLIAM, aged 19, and three females, rode in the waggon, and deceased did the same, though directed to ride on the fore horse. Deceased got off to open the gate, and when the waggon passed, got on again. Immediately after the horses got into a gallop; deceased fell off, and the wheels passing over his nick killed him instantly. One of the females fell out behind, and the waggon upsetting threw out the others. Mr. PARNALL, following the waggon, found deceased quite dead on the road. The others who were riding on the waggon were too ill to give evidence, but are all likely to recover.

SUMMER ASSIZES

CROWN COURT, Tuesday August 4, Before Mr. Justice ERLE
Send

HENRY SUMMERS, 21, was indicted for having, on the 20th of April last, in the parish of Feock, committed an assault, with intent, &c., on the person of AMELIA THOMAS. A second count charged the prisoner with common assault. Mr. STOCK conducted the case for the prosecution; and after a brief opening called the following witness:

AMELIA THOMAS, the prosecutrix, stated that she lived with her father and mother, at Devoran, in the parish of Feock. On the 20th of last April she was at Truro, and left to go home about five o'clock. She was at first alone, but at the top of Lemon-street, she was overtaken by THOS. DANIEL and HENRY SUMMERS, the prisoner at the bar. She knew Daniel from his being a neighbour, but she was unacquainted with the prisoner. When they came up they asked her were(sic) she was going, and she said she was going home. They said they were going the same road, and would accompany her. They went on together to a place called Carnon Downs, where Daniel went into a public house, and said that he would overtake them again. The prisoner said he would see her home, although she wished him not, telling him that her father was coming to meet her. He said, however, that he would go with her, and when about five minutes' walk from her father's house, the prisoner took liberties with her, and notwithstanding her resistance, he continued his assault upon her. After some time Mr. WHITBURN and MR. Daniel came up, upon which the prisoner let her go, and Daniel led her home to her father's house. She was very ill afterwards, being confined for a fortnight to her bed and for six weeks after she did not go out of her parents' house. MR. SLADE, who appeared for the defendant, cross- examined her, and drew from her that she had gone into a public house at Calenick with Summers and Daniel.

MRS. THOMAS, a French woman, the mother of the prosecutrix, said she recollected her daughter coming home from Truro between eight and nine o'clock in the evening. She was in a dreadful state, and said "O mother, I have been just murdered" and sat down on a chair and fainted; her bonnet was broken, her shawl very dirty, and her hair down on her face. She was afterwards very ill, and occasionally seemed to lose her senses, screaming out that a man was coming into the room to injure her. MR. BOYLE of Perran Wharf attended her in her illness.

COLIN THOMAS, the father of the prosecutrix, gave similar evidence to that of the previous witness. Mr. Slade then addressed the jury for the defence, commenting upon the conduct of the prosecution in not calling as witnesses Daniel, Whitburn, and the doctor, their evidence, he contended, being necessary to elicit the truth. He also remarked upon the evidence given by the prosecutrix, and [pointed] out what he considered to show the improbability of her story. The learned Judge then summed up, and the jury found the prisoner Guilty of the first count of assault with intent. The judge addressed the prisoner in a very feeling manner, and sentenced him to Two Years' Imprisonment with Hard Labour.

MARK MORCOM, 14, pleaded Guilty to a charge of stealing, on the 22nd of July, at Wheal Malden mine, in the parish of Gwennap, two pounds of miners' candles, the property of JAMES THOMAS and ROBERT LEAN. Two Months' imprisonment with Hard Labour.

HENRY OPPY, alias HENRY LEAN, 17, pleaded Guilty to stealing, on the 25th of July, at the parish of Wendron, a purse containing one five pound note eleven sovereigns, and certain silver coins, the property of WILLLIAM TRELOAR. Seven Years' transportation.

The grand jury, having terminated their labours about ten o'clock this morning, they were discharged by the learned judge, with the thanks of the county for their services.

STABBING - SARAH MACLEOD, 33, was indicted for having, on the 6th of July, at Wheal Rose mine, in the parish of Sithney, feloniously stabbed with a chisel JOHN MILES, with intent to do him some grievous bodily harm. A second count charged the prisoner with assault. The prosecutor stated that he was employed at Wheal Rose mine on the 6th of July last, and was in the carpenter's shop about half past twelve o'clock. The prisoner was standing at his left hand leaning against the carpenter's bench, and as prosecutor went to jump on the bench to smoke his pipe, he accidentally struck her on the knee with his foot. She immediately said "you b___ I will dart something through your guts," and seizing a chisel she struck him with it. It made a serious wound, and he soon after fainted from loss of blood. The surgeon was sent for, and prosecutor was under his care three weeks. The prisoner was undefended, but put some questions to the prosecutor through the learned judge, from which it appeared that some joking had taken place concerning the words of a gross song; the prisoner also alleged that prosecutor put his hand to her pocket in an improper manner for paper to light his pipe. JOHN WEBB and RICHARD WILLIAMS, labourers at Wheal Rose, and present at the time the prosecutor was stabbed, gave evidence corroborative of that we have already detailed. The learned Judge carefully summed up, and the jury returned a verdict of NOT GUILTY on both the counts. The Judge, surprised at the result, explained to the jury that if only a hand was lifted by one person against another, it constituted an assault. He desired then to re-consider their verdict. The foreman then returned Not Guilty, some of the jury stating that they thought the woman had been subject to some aggravation; that frequently the miners would take liberties with women; and that the prisoner, on this occasion, probably did not know she had a chisel in her hand on seizing it so suddenly. They, however, again considered their verdict, and a third time returned Not Guilty.

JOHN HOGAN, 20, JOHN ORAM, 20, and THOMAS CONBOY, 21, were indicted for stealing, on the 16th of July, a pair of boots, a brass pound weight, two pieces of silk, and some lamb, the property of WILLIAM HARVEY, of Southpetherwin.

MARY BATT, the servant of the prosecutor, said she recollected the three prisoners coming into her master's house; they went into the front room, called the club-room. They had something to drink, and after they were gone she missed the articles named in the indictment, the whole of which she had previously seen in the room.

WILLIAM DINGLE said he had apprehended the prisoners; he took Oram first, and found upon him the boots and piece of silk. The other two prisoners, Hogan and Conboy, were caught in a wood; he found the neck of lamb in Hogan's possession. The jury found Hogan and Oram Guilty, but Acquitted Conboy.

The same three prisoners were then charged on a second indictment, with having stolen, on the 16th of July, in the parish of Northhill, seven stockings, a cloth cap, and a shawl, the property of JAMES COOMBE. The prosecutor stated that he was a cooper, living with his mother, who keeps the Ring of Bells public house. He recollected the prisoners coming into his mother's house and calling for some cider and one of them had some spirit and water. Witness left the house before the prisoners went away.

JANE COUMBE said she lived at the Ring of Bells, and recollected the prisoners coming there on the 16th of July, and calling for some refreshment. After they were gone she missed some stockings, a cap, a shawl, which she had previously seen in the room where they had been drinking. She ran after them, and charged them with having her son's cap; they said they had not, one of them had put it in the cupboard. Constable DINGLE then came up, and the prisoner Conboy returned with him to the house, but the cap was not there. The constable afterwards brought them all back, and the cap and other things were recovered.

JOHN COODE, living at Northhill, said he saw the three men in the village on the 16th of July, and had some conversation with them. Not liking their appearance he followed them at some distance, and observed them when they thought they were out of sight begin to run. Witness saw constable Dingle afterwards, who required his assistance, and witness mounted a horse and rode after them. When he overtook Hogan and Oram he called to them to stop, but Oram lifted his stick and said no one should stop him. Some other men, however, being near on the road, witness succeeded in taking him. GORGE DAW, a shoemaker, gave a very interesting account of the chace and capture of one of the prisoners, and deposed, as did also the preceding witness, to the finding of some stockings, a jacket, &c.

CONSTABLE DINGLE said he was sent for by Mr. Coumbe, and took Conboy; Oram and Hogan secreted themselves in a wood, but were afterwards found and brought back to the Ring of Bells. The jury found all three prisoners Guilty, upon this indictment. There were two other indictments against Hogan, for stealing various articles at Tavistock, the property of CHARLES WOOLCOCK and of WILLIAM COLENSO. These indictments, however, were not tried. The learned Judge said it appeared from the depositions that the prisoners were soldiers, who had deserted from their regiments, and had since employed themselves in stealing. He should not be doing his duty to suffer such dangerous men to remain in the country, and should therefore sentence them each to Seven Years' Transportation.

POACHING - THOMAS TALLING was indicted for having, on the morning of the 10th of April last, in the parish of St. Winnow, with divers other evil disposed persons, unlawfully entered certain inclosed lands at Tregays, in the said parish, for the purpose of taking game, some of such persons being armed with guns; and with having grievously assaulted WILLIAM TOWLER, gamekeeper to LORD VIVIAN. Mr. HUGHES conducted the prosecution, and MR. SLADE defended the prisoner.

WILLIAM TOWLER said he as a keeper of Lord Vivian's, and recollected on the morning of the 9th of April, about three o'clock, being on Tregays farm; JAMES THOMAS, jun., was there in company with witness. Witness saw the prisoner standing at a gate, and two other men in a field called Hardinge's meadow, with dogs. They were coming from the gate where he saw the prisoner; the prisoner had a net. He went toward the gate and gave the prisoner a chace[sic], who ran away dragging the net after him. Witness pursued and overtook him; he then tripped witness up, and while they were scuffling, and prisoner was beating witness on the ground, two men came up with guns; one swore he would blow his b____ brains out if he did not keep off; and the other threatened to beat him with the barrel of the gun. Witness called for assistance, and James Thomas came up. The two men then pointed their guns at Thomas, and threatened to blow his brains out. While witness was on the ground the men wrested his gun from him. When he got up from the ground, TALLING, the prisoner, gave him two blows on the head with his fist. Witness at that time saw another man at some distance with a light coat, and having dogs with him. On the Sunday following, witness was taken ill, and obliged to send for MR. ROWE, the surgeon. He was not able to do his duty for a fortnight, and suffered from the blows longer than that. The estate of Tregays is Lord Vivian's, and so is Winnow's Down. There were pheasants, hares, partridges, and rabbits on the ground, which belong to Lord Vivian. CROSS-EXAMINED: I gave the prisoner no provocation. I might have said "if you give me a smite I'll give you another," but I never said, "there is a hand that will knock heads with yours, you cobbleheaded Dick" (laughter).

JAMES THOMAS said his father kept the estate called Tregays, in St. Winnow. He recollected going over the grounds early on good Friday morning with the last witness. They saw three men, and Towler went in pursuit of one who was standing at a gate. Witness heard Towler call for assistance, and on going up he saw two men, who pointed their guns, and swore they would shoot him if he came on any further. He then stood still for a time. The witness was cross-examined, as to his having himself sold poached game, but he declined to answer the question.

HUGH SANTO, a constable, deposed that on Good Friday morning, a person whose voice resembled the prisoner's, knocked at his house, and put a gun in at the window, saying that a person had threatened to shoot him with it. The gun was Lord Vivian's keeper's, and had since been returned to him.

MR. ROWE, surgeon, stated that he had attended the keeper four days in consequence of the blows he had received. A statement by the prisoner before the magistrates was then put in, by which he admitted being on the ground. MR. Slade then addressed the jury in mitigation of the offence, shewing that no great violence was committed on the night in question, and suggesting that they ought to recommend the prisoner to mercy. The learned Judge briefly summed up, and the prisoner was found Guilty of poaching, but recommended to mercy. His lordship, in addressing the prisoner, said he had no more right to the game on the land of Lord Vivian, which was maintained at his lordship's expense, than he had to any of the sheep bred in Lord Vivian's fields, and if more violence had been used on the occasion in question, he (the learned judge) should have felt it his duty to pass sentence of transportation. He then sentenced the prisoner to Fifteen Months' Hard Labour in the House of Correction.

[I've eliminated the most graphic part of the testimony in the case below, as it didn't have relevance to our interests, and it was quite gruesome.) By the way, "WILFUL" is the way the word appeared; spellcheck continually tried to change it to "willful".

CHARGE OF MURDER - EMMA BUSE, 19, was indicted for the wilful murder of a male bastard child, in the parish of Lanivet. MR. MERIVALE appeared for the prosecution, and MR. SLADE defended the prisoner. The case excited much interest, and attracted a very crowded court. The prisoner seemed to be much affected, and one of the witnesses, MRS. GILLARD, fainted away at the commencement of the trial, and was obliged to be carried out of the court. MR. Merivale briefly stated the facts, then called

JANE HENDY, who said - I am the daughter of EZEKIEL HENDY, of Lanivet. I was at Mrs. Gillard's, where Emma Buse lived as a servant, on Tuesday, the 9th of June. It was then past twelve o'clock, and on coming up to the farm gate I saw a little boy. I afterwards went into the farm yard, where there was a bullock's house, and on going up to the door I saw Emma Buse, the prisoner; Mrs. Gillard's little girl was with her. Emma Buse came back against the hedge, and leaned up against it. I asked her what was the matter, and she said she had been after the pigs, and had stepped into the river. I saw her dress was wet at the time, and seeing her pale occasioned me to ask what was the matter; she said she was poorly. She did not lean long against the hedge, but after asking me to take the child, she went back to the cow-house again, and remained there perhaps three or four minutes. She did not say what she went there for, and when she returned I went with her to the mowhay for some eggs. She then went to Mrs. Gillard's house, and went up stairs. Mrs. Gillard called up to her to bring down the child's bonnet for me to see, and on her doing so Mrs. Gillard asked her what was the matter, as she was looking faint. She said she was not faint. She then went out, and Mr. Gillard went for her mother.

CROSS-EXAMINED: The cow-house is in Mrs. Gillard's farmyard, not far from the farm-house.

ELIZABETH BENNETTS deposed, on Tuesday, the 9th of June, I saw Mrs. Gillard putting Emma (the prisoner) home to her mother's. I went to meet her, and asked what was the matter; she replied that Emma was very bad. I afterwards saw Emma at her mother's. She was looking very strange and said "wisht" at the time. When I came back, I saw MARY HAMBLY in the yard, and she took me to the bullock's house, where I saw a baby lying in one corner, covered up with an apron. I took it up, but finding it was dead, I put it down again, and covered it over with a shawl. I then called ANN BRAY, and begged her to remain there until Mr. Hanley, or some other gentleman, came. CROSS-EXAMINED: I did not observe whether the bullock's house was paved; there was plenty of straw over it. I noticed a division of wood standing up some inches from the ground; this was to keep in the turnips when given to the cattle.

ANN BRAY said - I was put to take care of the child by Mrs. BENNETTS. People came in and took down the cloth from its face, but did not touch the infant. When MR. MUDGE, the surgeon, came, I took the child to the house of Emma's mother. Mr. Mudge examined it, and then delivered it to the care of the constable, JOHN MARSHALL.

HENRY MUDGE said - I am a surgeon at Bodmin. On the 9th of June, I was sent for from the place where Mrs. Gillard lives. I got there between three and four o'clock, went into the bullock's house, where I found the body of a male infant wrapped in a shawl and apron, and which I looked at in order to ascertain whether it was alive or dead. In consequence of what I heard I directed the child to be taken to Mary Buse's house, where I followed. When I came to the house I found Mary Buse and her daughter Emma (the prisoner, who was In bed.) I said to her I had heard reports to the effect that she had just been delivered of a child, and if she did not confess it I must examine her to ascertain. She did not speak in reply, and I then proceeded to ascertain that [she had recently been delivered of a child.] I then examined the child, and came to the conclusion that the child was mature, that it had been born alive, and that it had died of violence. I washed the child, and found some slight bruises about both arms, increasing in severity towards the left shoulder, being still more severe up the neck, till arriving at the temple, where the bruises were worst on the left temple and the left ear. [He covered every little detail of the internal examination, including damage to the face, that the lungs had been filled with air, and indicated there was severe trauma to the brain on the left side.] After this, I went to the bullock's house, taking with me Mary Hambly. In the middle of the house there were marks of a recent confinement, and I found on the floor a large wooden instrument, which farmers call a whip. It is part of the harness to draw a plough or harrow, and the end of this instrument [was] adjacent to the blood on the floor. It might have received that blood in common with the straw, it was lying so near to the spot where the blood was. Mr. Mudge then underwent a great deal of questioning from the learned Judge and Mr. Slade, on the different points in his testimony.

MRS. GILLARD was then called, and deposed - Emma Buse, the prisoner, was in my service. On Tuesday, the 9th of June, I wanted to send my little girl on an errand, and Emma took Lavinia, a child about twelve months old, from her. This was about eleven o'clock, and I then saw nothing the matter with Emma. She afterwards went out, and I saw her go through the mowhay. About half an hour after, I heard my baby crying, and looking out through the window I saw Emma carrying Lavinia in her arms, and Mary Ann, another child about ten years old, by her side; she had also her little nephew WILLIAM WAREHAM, with her. I saw her cross the court, go into the turnpike road, and get over a rail which leads into a little plantation; the stream of water is only a short distance from that. I afterwards desired Mary Hambly to tell Emma to bring in Lavinia, and she did so. When Emma came in she went up stairs, and I told her to bring down the bonnet for Jane Hendy to see. She put it on the table, and I thought she seemed to be crouched forwards. I said what is the matter Emma, you are faint. She said she was not; and then Jane Hendy said Emma was poorly. She then went out, and I went after and told her she was taken with child, but she said she was not; there was nothing the matter only she had a pain in her tooth. I told her to go up to bed, and I went and fetched her mother. She was then taken to her mother's house, and while going there the little boy, William Wareham, ran forth and said "O granny, aunt Emma went into the river." We pressed her to tell the truth, but she still denied having had a child. Before this time I had had some conversation with her about her condition. CROSS- EXAMINED: She has been in my service four years and a quarter, and was always a young person of very great kindness towards children - MARY HAMBLY corroborated some part of the previous testimony, and also said - I saw Emma Buse's clothes wet, and asked her how it was so. She said she went to the river after the pigs, and got wet in that way. I told her Mrs. Gillard wanted her, and she went into the house. I also went to my house, but wanting some straw I went into the bullock's house; the door was shut and I opened it. I observed a spot of blood, and looking around I saw the straw higher in one place than in another. I turned it up, and then saw the dead baby. I told Mrs. Gillard what I had seen. I first found the child in the inner corner, and removed it towards the door. CROSS-EXAMINED: I have never seen Emma any other than very kind to children.

JOHN MARSHALL, the constable, produced the piece of wood spoken of by Mr. Mudge as being on the floor.

ANN STETHERIDGE examined by Mr. SLADE said - I took Emma's box from Mrs. Gillard's, and carried it sown to her mother's house. The next morning, conversing with Emma at her bedside, I said that if she had prepared something for the child, people would think it much in her favour, and that if she could not make all, she might have made part of a suit. She replied that she had done so, and that it was in the bottom of her box wrapped up in a dark Orleans frock. I opened the box and found it where she told me in the bottom of the box, but I did not unbind it till the inquest. I found in the box a cap, partly made, with a needle in it and a thimble. A baby's shirt was also there, and a wristband. It was put into the sleeve of one of her frocks I think.

LUKE LUAS was also called, but his evidence was unimportant.

MR. SLADE then addressed the jury for the defence in an effective speech. He argued that from the extreme kindness of the prisoner to children in general, she could be supposed incapable of wilfully murdering her own infant. The finding of the baby-clothes which she had made was, he contended, also a conclusive proof of this. He contended from the surgical and other evidence that the death of the child was most probably the result of accident. The young woman had become the victim of some heartless seducer, and was doubtless guilty of concealing the birth of her child, but he thought they could not be prepared to consign that young creature to the scaffold for the murder of her infant offspring. The learned Judge then summed up with extreme care, and in the course of his remarks he paid a high compliment (as did also Mr. Slade) to the ability with which Mr. Mudge had given his evidence. His mind seemed to be possessed, the learned Judge remarked, with an anxiety to give them nothing but the truth, and his surgical knowledge appeared to be such as to entitle him to credit at their hands.

The jury, after a short consultation, returned as their verdict "Guilty of concealing the birth of the child - Not Guilty of Murder. The learned JUDGE, in passing sentence, addressed the prisoner in a very feeling manner. His own opinion, he said, concurred with that of the jury in acquitting her of willful murder; but he hoped that her fate would have its effect upon others, so as to make them more firm in the path of duty than she had been - more firm to resist the arts of seducers who were going about seeking their own gratification. After remarking upon the enormity of the crime of concealing the birth of her child, he said it was his painful duty to sentence her to Two Years' Imprisonment with Hard Labour in the house of correction. The prisoner was taken from the bar screeching.

WILLIAM HODGE, 20, pleaded Guilty of stealing tobacco, the property of SAMUEL HICKS, grocer, of Penzance. One Month's hard labour.

JOHN KELLY, 73, was charged with maliciously inflicting a blow upon the head of ANNA KELLY, his wife, in the parish of Redruth, by which her life was endangered; also with having since threatened to kill his wife, and refusing to provide securities to keep the peace. There being no prosecutor forthcoming, the prisoner was discharged.

WILLIAM WILLIAMS, 44, was charged with stealing, on the 18th of July, in the parish of St. Erth, a half- crown, and three shillings and sixpence, the property of HENRY HARVEY, merchant, and others. The prisoner pleaded Guilty, stating that he committed the offence through want. The learned Judge, after looking over the depositions, said he was at first doubtful whether he ought not to remove the prisoner from this country; but considering the extremely good character he had maintained up to the time of committing the offence, the fact that the sum he took was a small one, and the sorrow he appeared to manifest for what he had done, the sentence was that he be imprisoned and kept to Hard Labour for Nine Months.

The following bills were ignored by the Grand Jury:

THOMAS TRELOAR, for entering the dwelling house of JAMES MICHELL, at St. Enoder; JOHN ORAM, for stealing GBP 13 and some clothing from CHARLES WOOLCOCK, of Tavistock; CHARLES GREEN, for stealing a half sovereign from JOHN GROSE, of St. Kew.

NISI PRIUS
ROGERS v. W. STAPLES, the younger - This was an undefended action, brought by the Rev. CANON ROGERS against the defendant, for having trespassed on his place at Penrose, in the parish of Sithney. MR. CROWDER and MR. SMITH were counsel for plaintiff. WILLIAM WEBB, in the employ of the plaintiff, saw defendant, and a man named BROMLEY, on plaintiff's ground, on Sunday, the 17th of March, 1844. They were coming from the eastern entrance, near which was an old parish road which had been stopped up for six years. Stapes and Bromley went into the old road over the stile. Witness told them that the Canon did not allow any thoroughfare through Penrose, and if they persisted in going they would be treated as trespassers. Bromley said they did not care any thing about that, they were going to Porthleaven by the old road according to their instructions. They then pursued the old line some little way, climbed over a stone hedge, then came to a wire fence, and climbed on the orchard hedge, and walked on it till they came again into the old line of road. Then they passed the new entrance, and verged to the right of the planation. Witness called to them, and told them they were considerably out of the old line. They persisted in going on, as they said, according to their instructions. They went on parallel with the old road for about seventy yards, and about ten yards in the plantation. The jury returned a verdict for plaintiff, One Farthing Damages.

ROGERS v WEDLOCK, the younger. In this action the plaintiff was, as in the previous case, the Rev. Canon Rogers; and brought his action to recover nominal damages for a trespass on Penrose. [The trespass being admitted, the questions for the jury were to determine the day the trespass took place, and the amount of damages. [Witnesses for the plaintiff were RICHARD WEEKS, gamekeeper at Penrose, JAMES TREWENNACK and WILLIAM WEBB, also in the employ of the plaintiff. Witnesses for the defence were THOS. LANG, cordwainer of Helston, JOHN WEDLOCK, brother to the defendant, and Mr. THOMAS ROGERS, the defendant's attorney. The jury found for the plaintiff, One Farthing damages.

The Court rose at eleven o'clock.

WEDNESDAY AUGUST 6 - Before Mr. Baron Platt

ROGERS v. BROMLEY This was an action brought by the Rev. Canon Rogers against the defendant for having trespassed on his grounds at Penrose, in the parish of Sithney. Verdict for the plaintiff, Damages One Farthing.

DOE DEM LORD v CRAGO - Mr. Crowder and Mr. Greenwood appeared for the plaintiff; Mr. Sergeant Kinglake for the defendant. This was an action of ejectment in which the plaintiff sought to recover possession of a piece of land called Underway, consisting of about one acre, with two cottages upon it, in the parish of Morval, the defendant being in occupation of one of those cottages. The freehold belonged formerly to a person named LITTLE, who in 1742 granted a lease of the land for ninety-nine years at a high rent of 10s. a year, and it was traced down through four wills until it became vested in PRISCILLA LORD. It appeared that the lease had been renewed from time to time, and the last that was granted for three lives was determined some years since, without being known to the plaintiff, who under a will laid claim to the property. On the expiry of the lease being discovered, the plaintiff sought to enter upon the property, but, it appeared, had failed to give notice to quit to the defendant. As the latter had continued to pay the 10s. yearly since the expiration of the lease, it was held by the learned Judge that a yearly tenancy was thereby created, which could only be terminated by giving the usual notice in such cases. The learned Judge, however, put it to the jury in the first place, whether they believed, as there was some dispute about the leasing, that the property in question, worth GBP 10 a year, had ever been leased to the defendant for 10s. a year. The jury, upon this point, found for the plaintiff, not believing that such an agreement had taken place. Leave was then given to move to enter a verdict for the defendant, because notice had not been given to quit.

RICHARDS v THOMPSON - The plaintiff was MR. JOHN RICHARDS, the younger, principal clerk to a mine called Trenow Consols, being engaged under certain gentlemen, MR. BENNETTS and others, who were lessees of the mine; the defendant was MR. THOMPSON, a gentleman of the bar. The plaintiff's employers had obtained a sett of the mine, being a close of land called Greatmenzer, in February, 1845, from the REV. DR. JOHNSON, rector of Perranuthnoe, under condition that they were to pay him one eighteenth of the value of all the ore raised. On the 20th of June, however, Doctor Johnson revoked the license under which the mine was worked. A notice to this effect was affixed on the mine on the 22nd of June, and on the 23rd, by request of Dr. Johnson, Mr. Thompson, the defendant, and Dr. Johnson's son, went to the mine, taking a constable with them. Mr. Thompson here gave Mr. Richards, the plaintiff, in custody to a constable, who kept him in charge for some time in sight of the men; this, it was contended, to a man in Mr. Richard's position, was a great indignity, and for this he sought to recover compensation. MR. COCKBURN then called WILLIAM THOMAS, who stated that he was a miner, and had been working at Trenow Consols copper mine. He knew that part of the mine granted by Dr. Johnson to the adventurers. It was an extensive mine; four hundred persons were employed there, and some thousands of pounds had been spent by the adventurers upon it; he should think ten thousand pounds must have been expended. There were now two engines on that part let by Dr. Johnson. On the 23rd of june last, witness was near the great engine about two o'clock, and saw several men come there. Mr. Thompson and MR. ALLEN JOHNSON were there, the latter having a large stick swinging about. There were forty or fifty men near the engine house at that time. Witness saw Mr. Richards there, and heard Mr. Thompson ask Mr. Richards what business he had there. He said he was there to protect their property, upon which Mr. Thompson insisted that he should go off the ground immediately. Mr. Richards, however, stood still. The defendant then took him by the collar, and called upon the constable to take him in charge and put him off the ground. SIMMONS, the constable, then went forth and put his hand very quietly upon Mr. Richards's shoulder. When Thompson took Richards by the collar he shook him. The constable stood there with Mr. Richards by him for half an hour or more. CROSS-EXAMINED: I saw a notice up against the capstan, and afterwards, saw it had been torn down. I heard Mr. Thompson say he came from Dr. Johnson; he said if any of the men continued to work there under the old adventurers he would prosecute them.

WILLIAM SIMMONS, a constable, said he was sent there, and afterwards proceeded to the mine with Mr. Thompson and Dr. Johnson's son. He then corroborated the evidence of the preceding witness as to what took place subsequently. He kept Mr. Richards in charge until dinner time, and then let him go home to his dinner. This closed the case for the plaintiff. On the part of the defendant, DR. JOHNSON, and his son, ALLEN JOHNSON, were called. The defence founded on their testimony was, that the plaintiff was unlawfully in the close when the defendant requested him to leave, and no more force was used to remove him than was necessary. It was alleged that the close of land granted for mining purposes to the adventurers in Trenow mine was granted under certain covenants, one of which was that the adventurers should give Dr. Johnson, the lord of the soil, three days' notice of the sampling of ore, whenever it should take place. In the month of June, however, when an account was turned in to Dr. Johnson, and when the adventurers paid him GBP 142 as his dues on ore raised, he found that samplings had taken place in April and May, of which he had received no notice. Dr. Johnson had therefore a right, because of the breach of covenant, to revoke his grant of the sett, and take possession himself. A deed of revocation had accordingly been executed, notice of this had been affixed on the mine, and Mr. Thompson and Dr. Johnson's son, as the agents of the lord of the soil, had put it into execution. To this MR. COCKBURN, for the plaintiff, rejoined, that by the provisions of the deed under which the sett was granted, if any covenants should be broken, it was lawful for the grantor to execute a deed of revocation, and to take possession of the mine IN PERSON, or by his KNOWN AGENTS. But Dr Johnson had not on this occasion taken possession personally; nor was Mr. Thompson, being a stranger in the neighbourhood, or the doctor's son, his KNOWN AGENTS. He had not therefore taken proper formal possession of the mine. MR. BUTT replied the Dr. Johnson had never been out of possession. He had never parted with the possession of the close called Greatmenzer; he had only parted with the right of mining in that close. The surface, he contended, still continued in the possession of Dr. Johnson, although the under-ground workings were set to adventurers. The Learned Judge ruled that formal possession had not been taken of the mine; and with regard to the point raised by Mr. Butt, he said it appeared to him that the grant of a sett to miners gave them no possession of the land; but after they had built engine-houses and other erections on the surface, and carried on operations under the surface, they were in possession of that part over which their engine-houses and shafts abutted, and their operations extended. In the present case, his Lordship observed, Mr. Thompson and Mr. Allen Johnson were on the part near the great engine- house. The jury returned a verdict for the plaintiff, damages GBP 20. Mr. Butt applied for leave to move for a new trial, but this was successfully opposed by the plaintiff's counsel.

The Court rose about eight o'clock.

14 AUGUST 1846, Friday

ADVERTISEMENTS
NOTICE I, MATTHEW WELLINGTON, Yeoman, of the parish of Luxulyan, in the county of Cornwall, do hereby give notice, that I will not be answerable for any debts or debts that my wife MARIANNE WELLINGTON may contract after this notice. Signed, MATTHEW WELLINGTON In the presence of JACOB HALLS, Dated, st. Austell, August 11, 1846

GBP 50 to GBP 100 ARE OFFERED A YOUNG MAN, twenty-five years of age, will willingly give the amount of his first year's income to any individual who can procure him a PERMANENT SITUATION as a CLERK, under Government, or a firmly established Company. The fullest information will be given by addressing to Mr. A.L., care of HEARD and SONS, Booksellers, Truro, and all communications will be regarded as strictly confidential. Dated, August 2, 1816 THE MEDICAL PROFESSION MR. JAMES R. QUICK, Member of the Royal College of Surgeons of England and Licentiate of the Apothecaries Society, will be happy to receive a Pupil at Michaelmas next. Mr. Q., residing in a densely populated mining district, and holding appointments in a great many Mines and Benefit Societies, as well as a large district of the Penzance Union, independent of an extensive private practice, the present is an opportunity seldom to be met with, for any young man desirous of obtaining a practical knowledge of the profession. St. Just, August 11, 1846

LEGAL INTELLIGENCE
Exeter District Bankruptcy Court Wednesday, Aug 5 before Mr. Commissioner BERE

Re FREDERICK SLY, of Truro, currier. This was an adjourned last examination of the bankrupt, who had been carrying on business in Truro up to February, when MR. LANNING, butler to SIR CHARLES LEMON, a relative to whom he had given a bill of sale, sold him up. The business had since been carried out by bankrupt's father and brother. MR. STOGDON, for the official assignee, examined the bankrupt at some length, in the course of which he repeated a statement he had made previously, that all his furniture had been sold under the bill of sale to LANNING. There had been furniture in his house the day before the sale but it was his mother's property, and was removed to another house taken by her in Castle-street, and to which bankrupt also went to reside after the sale at his house in St. Mary's-street. He was not very clear as to the proportion of goods removed, but it was probably of the same value as his own. To shew there was no collusion, however, between him and Lanning, the bankrupt produced a copy of a letter he had addressed to him after his sale of the stock in trade, stating that he was in destitute circumstances, and asking him to lend him a little money. The answer was more brief than satisfactory, being a simple expression that he would see him hanged first. After some discussion as to whether the sale of bankrupt's goods was not a fraudulent preference of one creditor, and therefore void he was allowed to pass his examination.

Re ALEXANDER ALEXANDER, of Exeter, optician. This was a meeting for choice. The bankrupt having been examined, stated that he began business in 1829. In 1839, his brother JOHN joined him but there was no alteration in the firm, the business being still carried on in his own name only. Mr. TURNER said it was desirable, as the estate was but small, that no trade assignee should be appointed.

Re WILLIAM MORRIS, of Camborne, beer-house keeper. This was insolvent's first examination. He was opposed by Mr. STOGDON on the part of some of his creditors, and supported by MR. G. W. TURNER. Mr Stogdon contended that insolvent was a trader, owing more than GBP 300, and therefore could not come up as an insolvent. He was allowed, however, to pass an affidavit as to the amount of his debts, when he comes up for his final order.

Re WILLIAM JAMES GEACH, farmer and auctioneer, Saint Columb Major, and formerly a clock and watch maker and ironmonger.

The bankrupt was examined by Mr. G.W. TURNER, on behalf of the assignees, as to statements he made to Mr. WHITFORD, solicitor, relative to the value of his stock, which in May last amounted to from GBP 400 to GBP 500. A sale took place on the 2nd of June, when the greater portion was sold for about GBP 186; before that, he had sold portions to other parties, by private contract, to the amount of GBP 40. It was contended that the sale had been collusive, every thing having been sold much below its value. Eight acres of growing wheat, which had been returned to Mr. Whitford worth GBP 24, had been sold for GBP 4.5s.; the yield the bankrupt estimated at two to three Cornish bushels per acre, or about nine imperial bushels per acre. The bankrupt was still living on the farm.

Mr. TURNER then read an affidavit from Mr. Whitford, of St., Columb, manager of the bank of RICKETTS and Co., stating that on the 14th of May, bankrupt had stated to him that his property was worth GBP 435; that a sale had been held in June, at which it had been sold at GBP 186, a sum very far below its value; that many persons who went for the purpose of bidding bone fide, were improperly prevented,, and that the greatest portion had been bought in by parties who were relatives, friends, or nominees of the bankrupt.

Mr. Stogdon, for the bankrupt, showed that the sale had, in reality, brought a much larger sum, as the purchaser of the principal portion of the corn, which had been set down as sold for GBP 49, was also liable for rent and tithes, to the amount of nearly GBP 100 more, and that bankrupt had sold, since March, in all, property to the amount of GBP 459; that his principal creditors were Ricketts and Co., the bankers, and that he had for several years been gradually reducing the balance due to them, which, in April, amount to about GBP 350. At that time, he was pressed for settlement, on which he went to the banks at St. Columb, and agreed to liquidate the debt by payment of GBP 50 per year. This offer was afterwards rejected by the principals, and proceedings were commenced in which bankrupt had petitioned the Court.

The case was ultimately adjourned, to give Mr. Whitford an opportunity of showing how the sale was conducted, to Tuesday, the 18th of August, at eleven o'clock.

NATIONAL INTELLIGENCE

THE HARVEST AND THE POTATOE DISEASE - Under the influence of the fine autumnal weather, with which we are now blessed, the grain crops are everywhere fit for the sickle, and harvest operations have actively commenced. There are complaints of the shortness of the oat crop and of a blight affecting it in some quarters, but wheat is almost universally described as a fine and abundant crop. But the fineness of the weather has not had the slightest effect in checking the destructive disease in the potatoe crop. In all directions, its ravages continue much earlier and to greater extent than last year. The details are all of the same character, as regards the destruction of what has been the staple food of millions of Irish people. The Dublin Evening Post states that the most awful and alarming accounts of the progress of the potatoe pestilence have been received by the trustees of the Relief Fund in Dublin.

LOCAL INTELLIGENCE

PUBLIC REJOICINGS ON PASSING OF THE RAILWAY BILLS - Falmouth - On Friday last, Falmouth presented a scene of gaiety and pleasure the entire day. Three bands of music were engaged for the occasion, and played alternately through the town and neighbourhood. The houses of the front streets were festooned and variously decorated with garlands, arches, and flags, and the shipping in harbour were similarly adorned. In the evening, there was a partial illumination, and a good exhibition of transparencies illustrative of the character of the holiday. MR. KIRBY, draper, had a tasteful representation of the Cornwall line,. MR. JAMES EARLE, painter, showed the Cornwall Railway Station House in fore ground, in the distance a train departing, and on the left, the Falmouth Docks, &v. MR. JOHN ROSKILLY exhibited two fancy Railway sketches, very neatly executed; MR. W. J. CLARKE, in addition to an illuminated upper story, presented the Portraits of Lords Torrington and Morpeth, chairmen of the Lords' and Commons' committees. The residences of MR. THOMAS ROGERS, draper, and MR. ROBERTS, cabinet maker, were very prettily illuminated and decorated, as were many others, which we have not space to particularize. In the evening, about eight o'clock, a grand display of fire works took place in the Moor, and numerous bonfires were lighted up on the heights of the neighbourhood. On Green Bank Quay, the MESSRS. OLVER had a bonfire of the shape of fifteen balls, the Cornish Arms, formed by fifteen tar barrels. A large bonfire was also made on a raft by MR. C. W. CHARD, and fired in the middle of the harbour, which burned for several hours. This and Messrs. Olver's had a beautiful appearance; and the tout ensemble was grand. There was also an exhibition of fire-works at Green Bank Quay, and at several other places by private individuals. A sailing match between several punts took place in the afternoon, principally with the view of testing the qualities of a new boat, built by an amateur. Considerable interest was excited, and several pounds were subscribed for prizes. The boats were divided into four classes, and the contest was vigorously maintained by all the competitors. Amidst the hilarity of the day, the destitute and indigent were not forgotten. Several benevolent ladies occupied themselves in searching out the dwellings of the widow and needy, and presented each individual with a shilling and other tokens of their liberality. Every thing was conducted with good order, and all the amusements passed off without a single breach of decorum. Penryn - A public demonstration on the occasion of the passing of the Central Railway bill was made at Penryn, on Wednesday last. Arches of green shrubs, &c., were erected in several parts of the town; four bands of musicians paraded the streets throughout the day, playing enlivening airs; a public dinner was given to the poor in the street; and in the evening several of the inhabitants illuminated their windows. The whole passed off very gaily. Flushing - the event of the passing of the Cornwall Railway Bill was celebrated here on Tuesday, by a public dinner. Upwards of sixty sat down to a substantial repast, the majority of whom were poor old men, provided for by their wealthier brethren. Those belonging to the village who were unable to attend from sickness or decrepitude had their dinner sent them. The day was spent in social harmony, and success to the Cornwall Railway was drunk in bumpers. On Thursday, the old ladies belonging to the village were treated with a good cup of tas and its usual accompaniments. They enjoyed themselves gaily, and wished good luck to the cause of their merriment.

Mylor Bridge - On Tuesday last, the inhabitants of this village kept up the passing of the Cornwall Railway bill. In the afternoon, a number of the villagers, who had their houses decorated, took tea together, and a band of music played at intervals. In the evening, nearly the whole of the houses were illuminated, and a display of fireworks was let off. A gentleman had a pocket-full of crackers set off before he intended, and he suffered the loss of his skirt, but was not otherwise injured. All passed off remarkably well.

Perran Wharf - At this place triumphal arches were erected, and the inhabitants had a meeting to celebrate the obtaining of the Cornwall Railway Act. Some speeches were delivered by gentlemen resident in the neighbourhood interested in the success of the undertaking.

Helston - On Thursday, the passing of the West Cornwall Railway Bill was to be celebrated at Helston, by a dinner at the Angel Hotel, and various public rejoicings. We hope to be able to report proceedings next week.

RATE OF MORTALITY - The usual quarterly tables of mortality have just been published by authority of the registrar general, by which it appears that 43,582 deaths were registered in the spring quarter ending June 30th, a number greater by 2,853 than were registered in the corresponding quarter of 1845. The temperature of the last spring quarter was higher than the average of the last twenty-five years, and much above the average of the corresponding quarter of 1845. It is to this unusually high temperature that the increased mortality is ascribed; it being remarked by the registrar that the inadequate supplies of water, in towns, the imperfect sewerage, the open drains and ditches, and the general neglect of cleanliness, under a high temperature, lead to epidemics of diarrhea, dysentery, and cholera. If the mortality had not been higher in the towns than in the poor country districts, where the air is purer, the deaths in the last quarter, it is stated, would not have exceeded 33,000, instead of being 43,582. Within the last three months, it is remarked, ten thousand lives have been destroyed in a part only of England, by causes which there is every reason to believe may be removed. The deaths in the Redruth and Penzance districts (the only districts in this county mentioned in the report) were, Redruth district, last quarter, 204; corresponding quarter last year, 211. Penzance district, 208, corresponding quarter last year, 205. The return for meteorological observations from Truro by DR. C. BARHAM, shews the mean of daily observations by self regulating thermometer, in April, to have been 49-4; May, 55-1; and June, 64-2. At Falmouth, the return by LOVELL SQUIRE, Esq., gives the mean in April, 48-26; May, 52-1; and June, 64-1. The rain falling at Truro in April last is returned as 2-55 inches; May, 3-06; and June 1-98.

FOREIGN CATTLE - The schooner "Prometheus," JAMES BERRIMAN, master, arrived at St. Ives, on Thursday, the 6th instant, in nine days from Rivaduella, in Spain, with forty-nine bullocks and two sheep, which were landed in good order. This is the first cargo of cattle ever landed at St. Ives from a foreign port.

THE POTATOE BLIGHT - The potatoe crop throughout the parish of Saint Agnes is a total failure.

A VETERAN HARVEST MAN - Last week, an old man named MAY, living near Bolingey, more than ninety-six years of age, followed seven reapers in a field, binding after them, and never flagged in his work.

THE FISHERY - Newquay - The seans here are all ready on board the boats and several shoals of breaking fish have been seen from the hill, but they have not been within the reach of the seans.

Looe - During the past week, the drift boats have been taking large quantities of very fine fish, as many as from 10,000 to 30,000 to a boat. On Thursday last the seans were put to sea, and one sean brought in about eight hogsheads of fine fish,. On Tuesday morning, a sean brought in from forty to fifty hogsheads, and another about twelve hogsheads, all fine fish, which sold at four shillings per basket. The drift boats at Polperro are taking similar catches to the Looe boats, and the season at present appears likely to be prosperous.

HAYLE REGATTA - This annual regatta took place on Monday last. The weather was fine, with a good breeze, and the scene was of the most animated description. The Camborne brass band was in attendance, and a large number of holiday people were assembled to witness the competition between the boats. Shortly after one o'clock nine fine first class sailing boats started for a very handsome silver cup, value GBP 5. The "Island Queen," of Saint Ives, (W. JEACOCK) took the lead, and maintained it throughout. A sharp contest took place between the "Lark" and "Tiger" for the second place; the "Tiger" had the advantage till meeting with an accident to her rudder, when the "Lark" shot ahead, and came in second, winning a silver cup, value GBP 3. Three six-oared gigs next started, and had a well-contested match. A match between three four-oared ships' boats, three two-oared boats, a sculling match, and a gig and prame chase formed the rest of the amusements. The arrangements of the committee were of the most satisfactory character throughout the day. In the evening, about forty gentlemen dined together at Hooper's Commercial Hotel, where they were furnished with an excellent repost. CAPT. JOSEPH VIVIAN presided. Mr. W. POOL officiated as vice, and the evening was spent in the most pleasant manner.

MINE ROBBERIES - A very extensive and systematic robbery of brass and other materials has for a long time been carried on among the mines in the Gwennap district, which had long defied all attempts at detection, till, emboldened by impunity, the thieves, in the course of last month, ventured upon a brass air-pump bucket, which had for some time lain in the engine house at Wheal Unity Wood, and which weighed about 1,000 pounds. This was carried off and broken up, but some trifling circumstance led to the discovery of the place in which the pieces were concealed, and this, in its turn, to the detection of the thieves. S. DAVEY, Esq., and WM. WILLIAMS, Esq. have been engaged during the past week in a very searching examination of the case, in connection with which four parties have already been committed for trial, and several more are remanded for further examination. The magistrates have very properly desired that the evidence taken in the case should not at present be made public; and we, therefore, withhold any reference to it, whilst we tender our thanks for the obliging manner in which our reporter was allowed to be present at the examination, and the courtesy with which their wishes were intimated.

ROBBERY AND INCEDIARISM - On Monday night last, some person or persons entered the account house of West Caradon mine, and after taking away sundry articles, set fire to the premises. The fire was, however, discovered in time to save the building from being destroyed. A reward is offered for the discovery of the depredators.

CORONER'S INQUESTS - On Friday last, an inquest was held at Carharrack, in the parish of Gwennap, before J. CARLYON, Esq., coroner, on the body of RICHARD CARBIS, aged one year and a half. The parents of the deceased lived in a house adjoining the Devoran and Redruth tram road, near Carharrack; and on the 6th instant, the child ran out of the house just as one of the tram waggons, laden with copper ore, was passing. Before the driver could possibly stop the waggon, the child was knocked down by one of the fore wheels, which passed over his head, and killed him on the spot. Verdict, accidental death.

The following inquests have been held by W. HICHNS, Esq., coroner, since our last report: On the 6th instant, at Breage, on the body of THOMAS IVEY, who met with his death in that parish on the 4th instant, by being accidentally buried in a marle pit, by a large mass of marle falling on him whilst he was employed in breaking it. Verdict, accidental death.

On the 8th instant, at Rosvidney, in the parish of Ludgvan, on the body of an interesting lad named WILLIAM NICHOLAS, aged 9 years, son of Mr. W. NOCHOLAS, late of St. Buryan. It appeared from the evidence, that the deceased was sent by his father, on Friday last, with a saddled horse, to Trevabyn, in the parish of St. Hilary for a pair of scythe crooks; and that at a short distance from that place, he was found dead, his feet entangled in the leathers of the stirrups, and the saddle disengaged from the horse. His head and face were greatly mangled, occasioned, it was supposed, by being dragged on the ground after he had fallen from the horse. Verdict accidental death,with a deodand of 1s. on the horse.

On the same day, at St. Ives, on the body of JAMES ROACH MAGOR, aged 15 years. The deceased was a miner, and worked at the Consols mine, in that parish. He was that day in the course of descending to his labour at the 110 fathom level, and when about forty fathoms from the surface, fell out of the ladder, a distance of about five fathoms, and was taken up quite dead. Verdict, accidental death.

On the 10th instant, at Mawgan in Meneage, on the body of MARY PERRY, aged 77 years. The deceased, who had been living with one of her sons, in that parish, since April last, went to Helston to visit her daughter, where she remained between four and five weeks, and on Wednesday last returned to her son's again. She was observed to be more gloomy than usual on her return, and on Saturday, in the morning, she came down stairs, and was left by her daughter-in-law in the kitchen cleaning knives and forks. On returning to the kitchen the daughter-in-law found that she had gone from the room leaving her work unfinished. After some little time, the old woman not coming back, created an alarm in the mind of the daughter-in-law, and search being made for her, she was found dead with her throat cut. Direct evidence of insanity was given by the deceased's daughter with whom she had previously been staying; it was also a malady with which a brother of the deceased and other members of the family had been afflicted. The jury unhesitatingly returned a verdict of suicide whilst labouring under temporary insanity.

On the 11th instant, at Tyack's Hotel, Camborne, on the body of the illegitimate child of MARY ANN THOMAS, of Penzance. The child was about ten months old, and on Saturday last was surreptitiously obtained from the nurse (who had had charge of it at Penzance for some months past), by one LOUISA FARQUHARSON, under pretence of shewing it to some person there, but upon a promise to bring it or send it back again shortly. The child was then taken by her and the mother to Camborne, where they procured a bed at an eating house, kept by one ALEXANDER ROW. The child was apparently quite well in the night when taken to bed by the mother and Louisa Farquharson, who both slept in the same bed. On the following morning, they got up about seven o'clock, and passing through the servant's bed-room went down stairs, the mother having, apparently, the child in her arms, under a shawl, which she had over her shoulders. As they passed through the servant's room, they inquired at what time they could have breakfast, and then left the house with a promise to return. This they did not do, and Mary Ann Thomas's father, having come there from Penzance in search of his daughter and the child, after some time found his daughter and Louisa Farquharson. On being asked about the child, they would not at first say anything, but at length confessed that it was dead, and had been placed in a ditch in the grounds at Rosewarne, belonging to Mrs. HARTLEY. Louisa Farquharson then went with the father, and shewed where it was. The mother and Louisa Farquharson were afterwards taken into custody by PRIDEAUX, the police officer, at Camborne, until the result of the coroner's investigation should be known. A post mortem examination was made by MR. GURNEY, and Mr. RICHARD LANYON, surgeons, neither of whom was able to discover the cause of death, there being no external marks of violence, nor any appearances internally, which would at all lead them to suppose that death had been produced by violence, but on the contrary they both stated their belief that the child died from natural causes. The mother and Louisa Farquharson, having first been cautioned by the coroner, were asked if they had anything to say as to the cause of the death of the child. The former said she could not account for its death, but she found it dead by her side in the morning; and the latter declined to say anything. Under such suspicious circumstances, and in the absence of any evidence as to the cause of death, the jury returned a verdict - : found dead, cause unknown. Thus leaving the matter open for further investigation should anything transpire to call for it. The circumstances of the child's death, with the concealment of the body, occasioned considerable excitement in the neighbourhood, and the inquest lasted five hours. The body of the child was buried on Tuesday evening.

On the 11th inst., at the parish of Wendron, on the body of JANE REED, aged about forty-seven years. The deceased had for some time shewn aberration of mind, and evinced a disposition to put an end to her existence; and as her death was sudden, doubts were entertained whether she might not have taken some deleterious drug or herb for that purpose. A post mortem examination was consequently made by Mr. RICHARDS, of Redruth, who entirely removed that impression, and stated her death to have been caused by inflammation of the brain. Verdict, "natural death."

DEVON

TORRINGTON - On Thursday last, a young man about 20 years of age, named WILLIAMS, and who described himself as a tumbler, and a native of Camborne, in Cornwall, was brought before T. SNELL, Esq., mayor , and fully committed for trial at the next Assizes, for maliciously cutting and maiming Mr. THORNE, landlord of the "Malt Scoop," in this town, by stabbing him in the arm with a penknife, and inflicting a wound nearly an inch in length and half an inch in depth. It appears that the prisoner, who was accompanied by his sister and a younger brother, met with a gipsy man and woman, and retired to the "Malt Scoop" for some refreshment; during this time, the parties became quarrelsome with some of the customers in the landlord's absence, and immediately upon his entrance, the gipsy woman flung a glass through the window (for which she has got two months' imprisonment), and the prisoner was grasping a pint pot in his hand, threatening to dash out the brains of one of the customers, who requested the landlord to divest him of the same; upon coming behind the prisoner for that purpose, and reaching over his shoulder, he received the wound in his arm. In a short time after the prisoner was taken into custody by Mr. FUSSELL, police officer, while in bed in a lodging house for trampers, Well- street, and upon searching him two penknives were found upon him. It appears the parties were all drunk.

21 AUGUST 1846, Friday

CELEBRATORY DINNER ON THE PASSING OF THE WEST CORNWALL RAILWAY ACT [Part of the speeches given at a dinner at Hayle for the passing of the act - including the Hayle Railway Company.]

"The health of Mr. Francis JAMES" was given, whom the Chairman highly complimented on his poetical composition of the West Cornwall railway song, and described him as the Poet Laureate.

Mr. JAMES , in reply, made a very humorous and lengthy speech, in which he dwelt with great force on the advantages to be derived from railway communication, especially with Helston (that ancient place with thirteen charters,) which would enable the traveler to visit the beautiful rocky scenery of Kynance, Cadgwith, St. Keverne, and Carnebenhellis, and the bachelors in search of a better half to make frequent visits to Helston, where may be found one hundred and thirty one unmarried ladies. (much cheering)

MR. JAMES then gave the health of the "Vice-Chairman," who returned thanks in a very neat speech, and complimented the ladies present on the prospect of a branch line to Gretna Green, which he said must be attended with success; for when they started there was no chance of being overtaken. (loud cheers and laughter.)

LOCAL INTELLIGENCE

HER MAJESTY'S VISIT TO FALMOUTH - Her Majesty having altered the day of her departure to Torbay, Plymouth, Falmouth, &c., to Tuesday morning, instead of Wednesday, the necessary orders for the yachts, "VICTORIA and ALBERT," "FAIRY," and "BLACK EAGLE" to be got ready, were issued on Monday, and soon after six o'clock on Tuesday morning they were lying off Osborne Creek, with their steam up. At half-past eight her Majesty, Prince Albert, some of the Royal family, suite, and attendants, pushed off from the jetty at Meade, and were taken on board the "VICTORIA and ALBERT" yacht in her barge. At nine o'clock the three yachts put to sea, the royal yacht leading down the Solent, with the royal standard flying, and on passing through Cowes Roads, the yachts of the club and several merchant vessels were dressed with flags, and saluted her Majesty. At half-past nine o'clock, the "VICTORIA and ALBERT" yacht rounded Egypt Point, and was then out of sight; the wind was blowing strong from the west, but the weather was fine and clear. In the afternoon the wind shifted to the southward of west and increased considerably, causing a very rough sea; this would be felt more outside the Needles, but the Royal squadron put into Portland roads, where they would remain for the night. No official information respecting her Majesty's visit appears to have been received at either Plymouth or Falmouth, but at the Devonport dock-yard, the "THETIS" frigate, which was intended to be launched on Friday, has been forwarded, by clearing away the stern boardings, and knocking down the shores, so that the ceremony may take place on any day that may suit the convenience of Her Majesty. The precise day of her Majesty's arrival at Falmouth seems to be at present uncertain, but it is generally expected that it will take place on Friday.

ECCLESIASTICAL - On the 12th inst., the Rev. WILLIAM HINTON DRAKE was licensed to the new District of Halsetown; and the REV. GEORGE RUNDLE PRYNN to the new District of Par, both in this county, on the nomination of Her Majesty.

WESLEYAN METHODIST ASSOCIATION - The sittings of the eleventh annual assembly of this body closed in Baillie-street Chapel, Rochdale, on Friday evening, the 7th instant. A slight decrease was found in the number of members, but upon a review of the connexion, it was the opinion of the assembly, that its state was most healthy and it was satisfactory to find that the finances of the body had undergone improvement. The following are the appointments for Cornwall: Penzance, IRA MILLER; T. TOWNEND, supernumerary. Helston - J. HARLEY, W. REED. Redruth - J. SAYER. Camelford, Wadebridge, and Bodmin - W. R. BROWN, W. HENRY, M. BRADNEY, J. STEELE. Launceston and Stratton - H. WILLIAMS, s. CHAMBERLAIN. Liskeard - E. W. BUCKLEY, W. EADE.

SUNDAY SCHOOL ANNIVERSARY - On Sunday se'nnight, the anniversary sermons in behalf of the Wesleyan Sunday School in the village of Rejarrah, were preached to crowded congregations. The children recited several interesting pieces, and the collections at the close of the services were liberal.

ST. COLUMB MINOR - A donation of GBP30 towards the building of a National School-room in this Parish, has been liberally granted by the Crown, which has considerable property here. The other landowners, and friends, have contributed largely to the same good object. The incumbent has given a convenient site in the church-town, with all the stone required for the building. On Saturday, the foundation was laid in the presence of a considerable number of the neighbouring gentry, farmers, and other inhabitants, who all appeared to take a warm interest in the proceedings.

PILCHARD FISHERY - The Lizard - On Friday night last, the "Old Lizard" sean enclosed 1,000 hogsheads of pilchards, but owing to the force of the tide nearly all escaped.

Falmouth - The pilchards seem to have gone off the coast. On Wednesday night several of the boats did not catch a fish. Mount's Bay - The seans have not been very successful; one or two have shot, but the fish secured have been inconsiderable. Mousehole - During the last fortnight the drift boats belonging to this place have had very good catches of pilchards - the last week, several of them having taken from seven to eight hogsheads each. The selling price has been from 1s.2d. to 1s.4d. per hundred.

Penberth - Last Tuesday, the sean at this cove, under the superintendence of Mr. Henry POMERY, took up 400 hogsheads of fine pilchards - a part of which were taken to Mousehole and cured.

SCILLY - Should the weather prove favourable for a few days longer,the harvest will be secured in good condition. The crop, generally, is good, but the crop of late potatoes is a complete failure.

FALMOUTH TOWN COUNCIL - A quarterly meeting was held on Wednesday se'nnight, when the council having, according to law, assumed the power of Light Inspectors, a contract with Mr. WYNN for lighting the town lamps, which had been prepared by the Town Clerk, was presented and read; and, on the motion of Mr. J. T. PASKO, seconded by Mr. ALDERMAN ELLIS, it was adopted, and signed by Mr. MILMAN[?] BLIGHT, in the absence of the mayor. This contract is for a period of five years from the 1st of September next, for thirty lamps, at GBP 4 per light per annum, including all repairs, painting, lamps, lighting, &c. The whole management is given to the gas manufacturer, in order that he may be entirely responsible for a good and regular light, which the town has never had under the late inspectors, although their expenditure for the last six years averaged GBP 140[?] per annum. The following is the scale of hours which the contractor has engaged to light the lamps from 1st September next: May, June, July, and August till half past one in the morning; April and September till half past two; March and October till three; February and November till four; and December and January till half-past four. A Gaol and Marshalses rate of GBP 75 was made on the ratepayers, and the other business disposed of.

THE BRASS ROBBERY AT UNITY WOOD MINE - As some of the parties implicated in this affair are still at large, and the examinations of others in custody have not yet terminated we are still under the necessity of suppressing the evidence given in the case. We may, however, state generally that the first detection of the offenders seems due to Mr. JAMES UREN, formerly an active constable of Redruth, who, having reason to believe that he knew where the stolen property was secreted, obtained a search-warrant, on Saturday, the 8th of August, from S. DAVEY, Esq., which was placed on the hands of Messrs. Nicholl and Tregoning, two constables of the town, who proceeded to search the houses of MOYLE and other dealers in marine stores. Moyle's premises were searched with great minuteness, but none of the missing property was found. The stores of another dealer in the same comprehensive class of goods, called ANNEAR, were then searched, and a considerable quantity of broken pieces of brass discovered, which were subsequently identified as having belonged to the machinery at Wheal Jewel, from which the pieces had been missed. In the course of subsequent examinations, Annear having expressed an intention to confess all he knew of the robbery, Moyle was informed of it, offered himself as approver in the matter and disclosed the whole proceeding. The parties who appear to have actually stolen the air bucket from the Wood mine have been committed; they are two youths of the names of WILLIAM and JOSEPH PRINCE, whom Moyle is said to have instigated to take it, and, as he says himself, he went with them, with his donkey cart, to receive it. Directed by Moyle's information, Mr. LANYON and policeman Tregoning again searched Annear's premises, Tregoning ascending the chimney and discovering, in a sort of closet, cut out of the punion of the house, and closed up with large stones, the greater part, about seven cwt., of the brass bucket which had been missed from the Wood mine. It had been broken up, but the agents of the mine were able to put it together again, and clearly identify it. Moyle is now endeavouring to deserve his escape by charging a great number of persons with being concerned in other robberies, and sufficient evidence has been adduced to lead to the committal, in addition to Annear and the two Princes, of ELIZABETH ANDREW TREWARTHA, ANN KINSMAN, and JOHN MORCOM, all of Gwennap, and for various offences, and to warrant the longer detention of some other parties whose names it will be proper for the present to suppress. The greatest praise is due to all the constables who have been engaged in sifting out this nefarious business, Messrs. Lanyon, Morcom, Michell and Tregonning, having especially distinguished themselves in following up the tract upon which the information given by MR., JAMES UREN had originally set them. [A correction was printed the following week, which explained that the statement regarding the pieces of the Wood Mine brass bucket had been found on Moyle's information, concealed in a chimney in the house of Richard Annear, was incorrect, whereas it was found in the house of Moyle himself; he directed the constables to the place in his chimney where he had concealed them. jm]

CHARGE OF SWINDLING - On Friday last, WM. HICKS, of Redruth, aged 19, was committed by the REV. URIAH TONKIN, for obtaining money under false pretenses from the houses of Captain TREDINNICK, of East Wheal Crofty, and Captain HENRY JAMES, of Tincroft mines. He pretended to have been sent by the Captains for the cash. He also obtained money, it is said, from some others, but these charges were not preferred against him. With all due respect for our good wives, we advise them not to part with their silver without a written order from their spouses.

ACCIDENT AT HAYLE - On Thursday last, as a seaman named JOHN TREVARROW, a native of St. Ives, belonging to the bark "OLYMPUS" was on the jib-boom bending a sail, he fell on the hard beach and broke his thigh. The tide being out at the time he must have fallen upwards of forty feet. A surgeon was promptly in attendance, and the man is doing well.

SERIOUS ACCIDENT - On Monday week as Mr. RICHARD MILDREN, of Trevean, in the parish of St. Keverne, was proceeding on horseback to visit a friend in the neighbourhood, the animal fell under him suddenly, and injured him so seriously that his life was for some days despaired of. Hopes are, however, now entertained of his recovery.

FATAL ACCIDENT - On Friday evening last, between eight and nine o'clock, as a man named JOHN TELLUM, aged 56 years, his two sons, aged 20 and 8 years, and a man called HOBBA, all of St. Blazey,, were returning in a small boat from a fishing excursion, when within a mile of Par breakwater, the boat, owing to bad management, was capsized, and Tellum, with his two sons, were drowned. Hobba, after being in the water a quarter of an hour, was picked up by a boat that put off to their assistance in a very exhausted state, and landed at Par.. The other man and his eldest son were found, after half an hour's search, entangled in their fishing line, quite dead. The little boy was asleep in the bottom of the boat when the accident occurred, and has not yet been picked up, although daily search has been made for him. On Saturday afternoon last, an inquest was held on the bodies, when a verdict of accidental death was returned.

CORONERS' INQUESTS - An inquest was held at Charlestown, on Thursday, the 13th inst.., before J. HAMLEY, ESQ., on the body of JOHN NANCHOLAS, of that place, aged 51 years. The deceased was in the act of blasting a rock, when the rubbish fell, and killed him on the spot. Verdict, accidental death.

The following inquests have been held by JOHN CARLYON, ESQ., since our last report: On Friday last, at Gerrans, on the body of SOPHIA ROSEVEARE, aged 3 years, who was found drowned in a mill-pool outside her father's house last Thursday. It did not appear that any one saw her fall into the water, but her father saw her playing with two of his other children a short time before; and on their returning without her, he went to look for her, and found her as described; she had no doubt fallen in. Verdict, found drowned.

On Monday last, at Bissoe Bridge, on the body of Henry Verran, aged 24 years, who was killed at the Consols Mine, Gwennap, last Friday. It appeared that about ten o'clock that evening he had gone down to the 120 fathom level to work, but found a man there who was already employed about the work he was going to do (tramming) and who did not wish to be relieved. He therefore returned to the surface again, and in going from thence to the changing-house, he missed his road and fell into an old shaft which had not been worked for many years. It had, however, been properly sollared when the adventurers ceased to use it; but the sollaring had recently fallen in. It has since been sollared afresh. Verdict, accidental death.

EXETER DISTRICT BANKRUPTCY COURT

In the matter of JOSEPH CARNE, the younger, of Falmouth, bankrupt. This was a meeting for choice.

MR. TERRELL objected to the proof of several bills held by Enthoven and Co., London, which had been accepted by the bankrupt on the 3rd of July last, he having on the 26th of June been served with a trade-debtor's summons. There was nothing, however, to show that Enthoven and Co had given consideration for them, and on the bankrupt's examination he said that they were merely renewals of old bills, which had become due, but which he was not able to meet. MR. STOGDON examined the bankrupt as to some bills of exchange which he had deposited with Mr. BULLMORE, of Falmouth, solicitor, to the amount of GBP 156.10s. He had also got possession of a considerable portion of his effects. The property was placed in Bullmore's hands to enable him to make a composition of 10s. in the pound with the creditors. Mr. Bullmore was also a creditor to the amount of GBP 102. Another creditor, Mr. WATLING, who was owed GBP 416, had agreed to accept GBP 250 in full, one third in cash, the remainder by two bills for three and six months. He agreed to pay back the cash again if a fiat of bankruptcy should issue, and MR. HERNAMAN said he had written, but received no answer from him.

28 AUGUST 1846, Friday

LOOE - SIR JOSEPH B COPLEY, who has extensive estates in the neighbourhood of Looe, has been staying with his amiable lady for some time at the Ship Inn, East Looe, and left on Tuesday morning, in a carriage and four, en route for Clovelly.

WILL OF THE LATE MR. PRAED - The late William Tyringham PRAED, Esq., M.,P. for St. Ives, banker, London, of St. James's-place, Westminster, and Trevethow, Cornwall, has devised the whole of his freehold property to his sister, ELIZABETH HOARE, wife of Richard HOARE, Esq., and at her decease upon certain special trusts; he leaves her the house at St. James's-place, with the furniture (except certain pictures), and the carriage, carriage horses, &c. Bequeaths all the furniture, plate, and other effects at his mansion at Trevethow, to CHARLES TYRINGHAM PRAED, jun. His shares in the Grand Junction and Grand Union Canal Companies, he has bequeathed in certain portions, and has left several pecuniary legacies, and to each of the clerks in his banking house, 19 guineas, and to each of the porters, GBP 10; and to his own servants mourning and one or two years' wages, according to service. He directs GBP 1,000 to be applied to charitable purposes, in sums of not less than GBP 50 nor more than GBP 100; to be divided among such institutions or societies in England as the executors shall think proper. He gives to the Rector of Uny Lelant, GBP 100, to be distributed amongst the poor of that parish; he leaves GBP 100 to the Cornwall Infirmary, and GBP 100 to the Bucks County Infirmary, at Aylesbury. The residue of his personal estate to be divided equally between his nephews and niece - Ellen, William, and Edward, the children of his sister, Mrs., WINFIELD. His personal property, liable to duty, was estimated at GBP 45,000. He appointed as his executors, his partners, Vere FANE, B.G.M. PRAED, and J,. JOHNSTON, Esqrs. His death occurred on the 8th of July last, at the age of sixty-five, and he made his will on the 6th of March previous.

ROYAL CORNWALL REGATTA - The committee met on Saturday last, for the purpose of arranging the preliminaries. The pieces of plate exhibited were very beautiful, particularly the prizes for the second class yachts. They are deposited at present with Messrs. Rowe, silver smiths, and are well deserving the notice of the curious. The liberality of MAYOR JENKINS in giving a GBP 20 prize for the fishing boats, has excited a considerable degree of rivalry amongst the fishermen of the county, and a great number of boats have been entered. A great degree of interest also prevails with the owners and crew of the pilot boats, and every exertion is being made to give effect to their capabilities. Several first-class yachts are expected from Plymouth and other eastern ports, and all betokens a grand day on Monday next.

THE LATE FRANCIS ALEXANDER MOLESWORTH, ESQ - A writer in the New Zealand Journal, who had opportunity of personal observation at Port Nicholson, pays the following tribute to the memory of our deceased countryman, one of the most enterprising among the colonists, now prematurely lost: "We regret to announce the decease of Francis Alexander Molesworth, Esq., and event which our fellow colonists will lament as we do ourselves; and the more so, as, had it not been for this dispensation of Divine Providence, his return to the colony, to resume the useful position in which he has for so many years laboured, would have been certain and immediate. Mr. Molesworth was one of those scions of aristocratic families who emigrated with the first founders of the colony; and who hace contributed so much to give a tone to the spirit of enterprize which has all along manifested itself in the Wellington settlement, of which he was one of the most active denizens. Born of an ancient family in the county of Cornwall, of which his brother, Sir William Molesworth, the distinguished Member for Southwark is the head, he carried with him to New Zealand a number of his humbler fellow countrymen, who, stimulated by his example and aided by his advice, commenced at once their operations in the forests of the colony, and have thereby raised themselves to comparative ease and independence. To these men his death will be an object of sincere regret. Long before others had brought themselves to face the difficulties of a new country, Mr. Molesworth had unfolded the capabilites of his adopted home, by showing what it would produce, and thus urging on others who speedily followed his example. He was the first cultivator in New Zealand; and the remembrance of his perseverance, when less enterprizing minds were in a state of despondency, will long be remembered by all who knew him. In the qualities of energy, utter defiance of hardship, disregard of personal comfort, and devotion to the interests of the colony, he will not easily be surpassed. To these qualities the editor of this journal was one amongst many witnesses; and by none will this tribute to his memory be more felt, regretted, as his decease will be by all."

THE FISHERY - St. Ives - On Wednesday afternoon, a fine shoal of pilchards was seen inthe bay, and the boats went out, but the fish did not come into the stems. The drift boats are bringing in a few mackarel, which are sent to Bristol by the steamers. Mount's Bay - For several days the weather has been very boisterous, and the boats did not go to sea. On Friday last, the weather was mnore promising, but the whole fleet of boats returned without having taken one hundred pilchards! On Monday last, there was a slight improvement, the boats taking each from 1,000 down to 100, and from two to three scores of hake.

THE NAVY - Mr. WILLIAM YEAMES, Master R.N., residing at Falmouth, is appointed Master-in-charge, of H.M.S. ASTREA, vice MR. WHITE.

ROBBERY - Late on Sunday night, or early on Monday morning, the dwelling-house of Capt. TREGARTHEN, of the "LIONESSE", situate near the quay, Penzance, was entered and between GBP 3 and GBP 4 stolen. Suspicion, however, exists that the thief was pretty well acquainted with the rooms in the house, and indeed, was no stranger to the family. Capt Tregarthen and his wife believe they know the party, although they have no legal proof.

CAMBORNE PETTY SESSIONS - At these sessions, which were held on Tuesday last, MR. C. BENNETT, of Redruth, appeared to answer a charge of assault preferred against him by a Mr. W. WADE, a school-master of the same town. Mr. Wade, on being sworn, said that on the 7th of the month, Mr. Bennett came into his school-room, and began to beat him with his fists, for having thrown an India rubber ball at his boy and hurt his face; that he tried to defend himself with a ruler, but that Mr. Bennett had wrenched it from him, and that it was only by "grasping the poker" that he had at length succeeded in "overawing" his assailant. Mr. Bennett admitted the assault, but produced evidence to show the unjustifiable and extra- ordinary manner in which his child had been punished. Mr. LANYON was called in proof of provocation, and said that if a child of his had been similarly treated he feared his feeling would have overcome his judgment, and prompted him to act as Mr. Bennett had done. The magistrates ruled that even if the punishment had been improper, which they were not then called on to decide, Mr. Bennett was not justified in having resorted to personal violence in retaliation. The law was open to him, and to that he should have had recourse; they therefore adjudged him to pay a fine of 20s. and the expenses, which Mr. Bennett immediately did, and left the court amidst the congratulations of a large number of friends who had attended to witness the proceedings.

This case had no sooner been disposed of, than Mr. WADE was called on, in his turn, to take his place at the bar, to answer a charge of assault on Master S. JOSEPH, which was preferred by Mr. J. JOSEPH, the young gentleman's father. Mr. Joseph, being sworn, stated that his son had come home from school on the morning of August 7th, with his eye bruised and inflamed, and that on finding it had been done by his schoolmaster, he had judged it to be his duty to apply for a summons to compel Mr. Wade to answer for such an unjustifiable cruelty before their worships. The lad himself was then placed before the magistrates to state his own case, which he did in a very interesting manner - the purport of it being that his master had thrown a ball of India rubber at him three times, and hit him over the face twice, and that his eye had been blackened by the force of the blow. Mr. Wade admitted having struck the lad in the manner described, and a long argument ensued over the question whether or not Mr. Wade was entitled to inflict such a punishment. The magistrates finally ruled that it was not such a punishment as the law allowed, and said they found the defendant guilty of the assault, but only condemned him in the costs of the case because of his previous good character. Mr. Roscorla appeared in both cases in behalf of Mr. Wade and Mr. Pascoe, of Penzance, for the other parties; and both gentlemen exerted themselves to the utmost in the cause of their respective clients.

A MONSTER CABBAGE - On Saturday last, Mr. WILLIAM TRETHEWEY, Hobbs's-Town, near St. Stephens Coombe, cut a Paignton cabbage, which measured twenty feet in circumference, and weighed thirty pounds and a half. It had ten branches, some of which formed cabbages of two pounds weight, which were given to his friends as a treat. They were ripe, and the cabbage grew in the open air without any unusual care or pains being taken to force it.

EAST WHEAL ROSE MINE - On Thursday, the 20th inst., the body of LUKE PHILLIPS, aged nineteen, one of those who lost their lives by the late accident, was found in the ninety fathom level, and almost twenty-seven fathoms from Michell engine shaft. There are still two bodies remaining in the mine, those of WILLIAM PEARCE and JOHN STEPHENS. We are glad to find that in additon to the GBP 500 originally subscribed by the adventurers, a further sum of GBP 500 was voted by them on Monday last, for the immediate relief of the sufferers by the deplorable accident. Cargoll adventurers have also contributed GBP 100 for the same benevolent purpose. The public subscription list does not advance so fast as was anticipated by many, but we are happy to learn that from all sources about GBP 4,000 have been already contributed.

MINE ACCIDENT - On Tuesday last, whilst two men, named WM. RULE and HENRY OSBORNE, were engaged in tamping a hole in Condurrow mine, the charge suddenly exploded. Rule was severely injured, but hopes are entertained of his recovery; while Osborne escaped with some slight bruises.

FATAL ACCIDENT - On Tuesday evening, as a party of children were returning from Portreath to Redruth in a donkey cart, they were overtaken by a man on horseback riding at a rapid rate, and, as we understand him to state, having been run away with by his horse, which unhappily sprung upon the cart full of children, injuring several, and one of them, a son of Mr. CHARLES TONKIN, about nine years of age, so severely as to occasion his death in a few hours after.

CORONERS' INQUESTS - The following inquests have bene held before J. CARLYON, ESQ., coroner, since our last report: On Saturday last, at Burnt-House Gate, int he parish of Saint Gluvias, ont he body of JANE PEARCE, widow, aged sixty-seven. The deceased was about to change her residence from Helston to Truro, and on Thursday, the 20th instant, she was removing a waggon- load of furniture to the latter place, when she insisted on riding on one of the shafts in order, as she said, to keep an eye on her furniture. Her sons endeavouredto dissuade her from doing so, but without effect, and shortly after the waggon had passed Burnt House Gate, she desired the driver to go behind to see that the chairs were all right. Whilst he went for that purpose, he saw the deceased fall from the shaft on the road, and before he could stop the horses the wheels went over her legs. He immediately obtained assistance, and had her conveyed to the toll-gate house, where she expired on the following Saturday morning. Verdict, accidental death.

On Tuesday last, at Penryn, on the body of JAMES MARTIN, aged 52 years. Deceased was employed, on Monday, the 17th instant, in clearing some ground for building purposes at Penryn, and was undermining a pier which fell in upon him. About three tons of stuff, it was supposed, fell in, and buried him up to his shoulders. On being taken out it was found that one of his legs was broken in two places, and he had received a serious wound on the head. He was taken home, and every assistance rendered him by the medical men of the town, but lock-jaw came on, and he died on Monday evening last. Verdict - accidental death.

On Friday last, an inquest was held at the Guildhall, Penzance, before JOHN ROSCORLA, Esq. coroner for the borough, on the body of SAMUEL EVERETT, who was found drowned at the western side of the northern arm of the new pier. The deceased had for some time assisted the ostler at the Shoulder of Mutton Inn, Penzance. He came some years ago from Ipswich, and since living in Penzance was often heard complaining that he had no home or friends. About half-past five o'clock on Thursday evening, he was discovered by MR. FRIGGENS, farmer, of Probus, going over the pier, and was also seen on the works by a man called QUICK, but there was nothing particular in his manner to attrack attention. About six o'clock the deceased's body was discovered floating in the water, and his hat and coat were found on the steps not far distant. The body was immediately taken out of the water, and a surgeon sent for by Mr. George. Mr. J. G. MOYLE was speedily in attendance, but all attempts to restore animation proved unavailing. The jury returned a verdict of "drowned himself while labouring under temporary insanity."

STANNARIES COURT

VEALE vc DAVY - Mr. SIMMONs and Mr. CHILCOTT appeared for the plaintiff; Mr. ROBERTS and Mr. ROSCORLA for the defendant. The plaintiff in this case was WILLIAM VEALE, who had worked as a tributer in Wheal Prudence, in the parish of st. Agnes, and the defendant was RICHARD VINICOMBE DAVY, a gentleman residing at Penzance, who had acted as purser, and was also an adventurer in Wheal Prudence.

It appears that connected with mines generally there is a fund established, called the "doctor and club fund," for the purpose of affording relief to any of the men who become disabled; and the present action was brought by the plaintiff to recover a sum of money which was part of the money paid into the club fund during the working of the mine. On the mine being "knocked," however, the plaintiff's right to this money was disputed, and the question now to be decided was (as there was no disabled claimant upon the fund) to which party, the adventurers or the miners, the money in such cases legally belonged.

Mr. SIMMONS, after stating the case to the jury, called:

- THOMAS HOLMAN, a tributer in Wheal Prudence, and a partner with the plaintiff, was examined and cross-examined at great length. The substance of his testimony was that the plaintiff had worked at the mine for the past seven months, and had paid his sixpence monthly. The account of this fund had been brought to the mine regularly on pay day, and what was to be paid to the doctor was set apart in one dole, and what was to be paid otherwise in separate doles. In July, notice was given by the purser that no more "club and doctor" money would be taken. A number of men, twenty or thirty, therefore, left the mine, and only ten remained who had given to the original club, and were entitled to its benefits. The plaintiff was one of those who remained, and was thus entitled.

The VICE-WARDEN here suggested that as there was no difference of facts on which to go to the jury, the question as to whom the money legally belonged was merely a question of law. The plaintiff might therefore suffer a non-suit, with leave to move to enter up a verdict, of the defendant might take a verdict, with leave to the plaintiff to move upon it. Mr. Roberts pressed for a nonsuit, contending that it was part of the plaintiff's case to prove the practice in relation to doctor and club funds. At the same time, he intimated that evidence could be had of the general practice, upon which the Vice-Warden suggested that if Mr. Roberts had such evidence, he had better take the opinion of the jury upon it.

The case then proceeded, and Mr. Roberts addressed the jury, contending that the club in question was established for the benefit of the labourers, who received relief from the fund when disabled, without reference to the time they had been working in the mine. If any went away without being disabled, they left behind them the money they had paid in; and if the mine ceased to work, the practice had always been for the adventurers to have any surplus club money that might be remaining. Mr. Roberts cited instances of the control of the adventurers over this money, and said that he could prove that in one instance where the funds were thought to be more than sufficient, a portion of the money had been taken by the adventurers and divided up. He then called:

- Mr. RICHARD TAYLOR, who said he was one of the officers of the duchy of Cornwall, and had been much connected with mining business. He had known an instance of relief being received after a mine closed. In the case of Pembroke mine there was a sum of money in hand which, as long as it lasted, was paid to a man who had lost his sight and was totally disabled. He understood this was done solely from charity, He had known two other cases where after the mines were stopped, and there was a surplus from the fund, the money had been carried to the adventurers' credit, and they had taken it. In the case of United Mines, the fund had increased considerably, in consequence of there being a large number of men with but few accidents; and he, as purser, was instructed to carry part of the money to the credit of the general account. [He supposed the amount to have been about GBP 250. The Vice-Warden asked that if such a disaster occurred as the one last week, but where the men were disabled, not killed, would the adventurers then pay the money into the fund. The witness testified he thought they would. Mr., Taylor then stated that in the case of Consolidated Mines, the fund had been exhausted on several occasions, and the adventurers made up the deficiency. In that mine, he did not believe any of the money had been taken, but they were exhausted through the number of accidents, and of men suffering from asthma. The general rule, however, was that relief was given only in cases of visible hurt. He did not think the adventurers were bound to continue paying after a fund was exhausted, but it was rather a piece of gratuitous charity for them to do so. He had, on several occasions, discussed this club system with other managers, and always understood their practice to be the same as he mentioned. He had never heard of any case where the mining labourers had divided the surplus after a mine had ceased working, nor had he ever heard of their making a claim.

CROSS-EXAMINED: In the two cases he had mentioned where the surplus had been carried to the adventurers credit, the amount were perhaps not more than GBP 10 or 12. In the United Mines, he believed they took from the fund about GBP 250. The amount of the "doctor and club" money was charged in a separate column of the cost book.

- Mr. FRANCIS BLAMEY, purser of Creegbaws mines, said he recollected a mine called Wheal Arrallas, in the parish St. Enoder, which on stopping had a surplus in the club fund, with no relief to pay, and the money was turned over in the cost book to the adventurers. No claim was made by any of the labouring miners, nor did he ever hear of a case in which the labourers last working the mine made a claim. CROSS-EXAMINED: this was in the year 1839 or 1840; thirty or forty men were employed, and the surplus was about GBP 10.

- MR. JOHN TIPPET said that about twenty years since he was employed by a London company to sell the materials and wind up the affairs of a mine in St. Agnes. There were about 100 men employed at the mine, and there was a surplus in the club fund; he should think of GBP 50 or GBP 60. He sent the surplus to MR. HICKS, his employer, who was the principal shareholder of the mine in London. He (Mr. Tippet) was purser at Penkivel mine, in Kenwyn, about three years since. When it ceased working there was a club surplus of nearly GBP 20; no relief was due from it, nor had there ever, he believed, been any injury on the mine. The club money was divided amongst the adventurers, and he never heard of a claim being set up to it by the men, nor ever thought of it before. He had heard of many other cases in which the adventurers had divided, but never the contrary.

This being the whole of the evidence tendered, Mr. SIMMONS addressed the jury in reply, contending that if the adventurers of different mines had divided the club money among themselves, as stated by the witnesses, they had done it in each case illegally. The money, he maintained, being received from the men, was only held by the purser in trust for them. His client, he said, was entitled to one-tenth part of the surplus, as being one of the ten men remaining during the last month that the mine was in working. As to the sums mentioned by the witnesses for the defendant, as being divided amongst the adventurers, they were small amounts, and not worth dividing up among the labourers.

The VICE-CHAIRMAN then summed up, observing that the question for the jury was not as to any illegality, but to decide as to the practice which had hitherto prevailed. It appeared to him, from the evidence offered by the defendant, that the division of the club money had been so often effected as to render the bargain and compact sufficiently understood by all parties, namely, not that the remaining labourers should have it, because there was not a single instance spoken of in which they had had it, but that the adventurers should have the money, probably as a remuneration for their trouble in keeping account of it. If, indeed, the money were divided among the remaining labourers, it would be given to persons who many of them had no right to it, the original labourers who had paid it in being probably gone to other mines. Or again, if it were divided among the remaining labourers, difficulties might sometimes arise in the apportionment of it.

The jury, after a short consultation, returned a verdict for the defendant. One of the jurymen, addressing the Vice- Warden, said the case did not at first appear to be different from that of benefit clubs, which when they were dissolved, the money did not belong to the person who kept the accounts, but to the people who paid in. THE VICE-WARDEN: But from the evidence given, you think, gentlemen, that the adventurers have a right to the money, or, at all events, that the remaining labourers do not have the right. The jury said they were of that opinion.

[ BACK ]