cornwall england newspaper
1846 NEWS
OCTOBER
2 October 1846, Friday
Oct 2, 1846 TIMES [London], pg 5
His Grace the Archbishop of Canterbury, agreeably to the order of Privy Council, has issued the following
form of prayer to Almighty God, for relief from the dearth and scarcity now existing in parts of the United
Kingdom, owing to the failure of some of the crops of the present year, to be read in all churches and
chapels of England and Wales, on Sunday, the 11th of October, and the two following Sundays. (A general prayer was then printed, requesting God's help with the potato famine, and asking for
His relief of Ireland, Scotland, and England.)
REDRUTH UNION HOUSE - On Friday last the children of this establishment, to the number of 133, were
treated with a repast of tea and cake, on the esplanade in front of the building. Each of the children
was allowed twelve ounces of good plum cake, and tea and sugar, in abundance. the arrangements were under
the superintendence of MR. ORLANDO ALLEN, and the expense was met by a subscription among a few of the
guardians and other gentlemen, on the application of the REV. MR. STOTHART, the chaplain of the house. A
few infirm old women were invited to take tea with the children, and of course gladly availed themselves
of the privilege. After tea, the inmates of the house were assembled int he chapel, where prayers were
read, and a very appropriate address delivered by the chaplain, especially directed to the children of his
charge.
TREGONY FRIENDLY SOCIETY. - On Monday last, the Tregony Friendly Society held their annual meeting
at the house of Mr. BAWDEN. They assembled at nine o'clock in the morning, andafter despatching their
regular business, attended the parish church, headed by the Tregony brass band, and had an excellent
sermon preached to them by the Rev. Mr. NISBUTT. On returning from the church, they walked
through the principal streets, and back again to Mr. Bawden's house, where an excellent dinner was
provided for them, and the greatest harmony prevailed throughout the day. Their funds are said to be
in a very flourishing state, having saved upwards of a �1,000, and �125 within the last year. Their
number of members amounts to 208.
THE OYSTER FISHERY - The session before last, Parliament passed an act in conformity with a convention
entered into between the governments of England and France, for the regulation of the fisheries of both
coasts, wherein, amongst other clauses, it was enacted that no boat should dredge or have a dredge on
board from May to the first of September, and that no oysters should be taken off the ground on which boats
might be fishing less in size than two and a half inches at the widest part, upon penalty of fine or
imprisonment. Immediately the fishing season commenced this year, the Colchester, and other eastern boats crowding Falmouth
harbour, in defiance of this act, dredged up oysters of all sizes, even the brood, and carried them away.
Upwards of a dozen were detected in this nefarious proceeding by the officers of the preventive force, and
the subject was brought before the magistrates of Falmouth, who declined to enforce the clause of the act,
before they had a more positive opinion of the legality of its application to this case. The Board of Trade
and other departments fo the government were communicated with immediately, and this week, replies have been
received, containing the opinion of all the law officers of the crown, asserting that the clause does apply,
and coupled with instructions from the board of customs to enforce the proceedings. Upon this the magistrates
have determined to act; and therefore, the lawless conduct of the eastern fishermen, if persevered in, will
soon meet its deserts.
GENERAL TOM THUMB - The little General held a levee, in the central subscription room, Launceston, on Tuesday
last, which was numerously and respectably attended. The visiters[sic] were delighted with the General's
performances.
ST. MICHAEL'S MOUNT - It is rumoured among the different circles of society in the west of this county, that
our most gracious and beloved sovereign has offered GBP55,000 for St. Michael's Mount, but that the sum asked
is GBP75,000. A more appropriate marine residence cannot exist, and we trust, that the report will not prove
to be without foundation.
FALMOUTH POLICE - On Tuesday last, William ROWE, boatman, preferred a charge of assault against John
TRIPCONEY, a brother chip, whilst following his employment, Tripconey proved Rowe to have given him
great provocation, and the magistrates fined him in the smallest penalty and costs, amounting to 9s.,
which was immediately paid.
SERIOUS ACCIDENT - On Tuesday, the 22nd ult., as a young man, named JOHN HOCKING, was driving a waggon laden
with iron ore, over the railroad from St. Austell to Pentewan, when about two miles on the road, in attempting
to fasten a chain, he, by some means, fell, and the waggon, which, with its load, weighed five tons, passing
over both legs, crushed them dreadfully. He was immediately taken to his home, and the Messrs. PEARCE, surgeons,
St. Austell, on examining his legs, found the right leg broken in two places, which they set; but the left leg
being quite shattered, they were obliged to take it off above the knee joint. The young man is still in a very
precarious state.
CORONERS' INQUESTS - On Friday last, an inquest was held by J. CARLYON, ESQ., at Lanner, in the parish of Gwennap,
on the body of JAMES LAWN, a miner, aged 28 years. It appeared that on the preceding day, the deceased and a
comrade had just bored a hole for blasting in the 248 fathom level in Tresavean mine. The comrade had retired out
of the way, leaving Lawn to tamp up the hole. Just at the time when, as the comrade supposed, Lawn was tamping the
third lay, an explosion took place which put out the comrade's light. He immediately ran to get a light; and, on
his return, found the deceased dreadfully shattered about the head, with two fingers gone, and his leg broken. He
lingered for about half an hour, and then died. Verdict, accidental death. We understand it is a rule in
Tresavean mine, as well as in some other mines, that no more than one man shall be engaged at any time in tamping -
that any other man previously at work at the place shall retire to a place of safety. But for this rule having
been acted on, it is probable that in the present case, both men would have lost their lives.
On Tuesday, the 29th ult., MR. CARLYON held an inquest at Tregew, int he parish of Mylor on the body of JANE
CARVOSSO, aged 26 years, daughter of Mr. Carvosso, at Tregew, one of the principal farmers in the parish. The
deceased was a sister of Mr. Carcvosso, coach-maker at Truro and Penzance. It appeared that on Tuesday morning,
the deceased was apparently in perfect health, and had mounted her father's pony to take a ride of about four miles.
About a quarter of a mile from her father's house, she stopped and spoke to some friends, and was then cheerful, and
seemingly quite well. She had left them only about a mibnute, when she was observed to be shaking about a little on
the saddle, and presently she slipped off to the ground. A man, who was about fifty yards off, immediately ran to offer
her assistance, but when he came to her, he found her a corpse. Verdict, died by the visitation of God.
The following inquests have been held by W. HICHENS, ESQ., coroner, since our last report. On the 26th ult., in the
parish of Uny Lelant, on the body of MR. GEORGE BOSUSTOW, of Ludgvan, who met with his death in Wheal Reeth mine, in
the former parish, in returning from thence to his home, on the evening of Friday last. The deceased, who was purser
of the mine, attended thereat on the day to pay the men, and left the account house in the evening, between seven and
eight o'clock, on hoseback, apparently in perfect health, and quite sober; but not having arrived at home, his man
servant, very early on the following morning, was sent to the mine to inquire for him, whereupon Capt. ROACH and another
of the agents (both of whom had remained at the mine during that night) fearing that some accident had befallen him,
went in pursuit of him, and commencing their search on the mine, very shortly after discovered him lying in a deep pit,
about 300 yards from the account house, and quite dead. From the position in which he was found, he must have fallen
headlong into the pit; and when taken up a large wound was discovered on his forehead, apparently occasioned by a stone
in the bottom of the pit. His whip was in his hand, and it was generally considered that the blow received in falling
stunned him, and that he never afterwards moved. He had GBP 10 of money in his pocket, with various other articles, and
there did not appear upon the coroner's inquiry to be the slightest suspicion entertained that the deceased came to his
death otherwise than by accident; but as there was no evidence thereof, the jury returned a verdict of found dead, cause
unknown. The unfortunate deceased had been for many years a faithful and highly approved agent of G. W. F. GREGOR, Esq.,
and the late W. T. PRAED, Esq., M.P. He was very greatly esteemed by all his acquaintances, and is now deeply lamented
by a numerous circle of friends.
On the 28th ult., at Coverack, in the parish of St. Keverne, on the body of CHARLES PEAKE. The deceased belonged to the
Coast Guard Service, at Coverack, and being on his nightly duty there on the 26th, whilst standing in the road near the
door of the Three Tuns public house, fell down and instantly expired. Verdict, natural death.
On the 30th, at St Erth, on the body of WILLIA CALLOWAY, whose death, which happened on the 29th, was said to have been
occasioned by blows received by him on the night of the 19th in a quarrel between two of his sons which terminated in a
fight, in which the deceased took a part. A post mortem examination was made by MR. VAWDREY, of Hayle, and MR. CONGDON,
of Marazion, both of whom agreed that there was not the slightest appearance of the deceased having been injured in the
fight, but that the evident cause of his death was inflammation of the lungs. Verdict, natural death.
9 OCTOBER 1846, Friday
Packet Intelligence. - Falmouth, ~ Friday, Oct. 2. ~ Sailed, for Plymouth, H. M. packet "Peterel," which arrived with the Brazil mail on the 29th ult. Thursday, Oct. 8. ~ H.M. paket "Express," Lieut. James, with the mails for Madeira, Teneriffe, and Brazil, is detained by strong contrary winds.
Breage. - On Sunday last, the Rev. John Perry, curate of Breage and Germoe, preached a farewell sermon, to large and attentive congregations at both those places, before leaving for the vicarage of Perransabuloe; and on Monday evening, the principal inhabitants of Breage and Germoe met at the National School Room, at Breage, to present him with a richly chased Silver Inkstand, as a testamonial of the high esteem in which he has been held by his parishioners during the eleven years he has ministered among them, and to perpetuate their affectionate regard. Mt. T. Mitchell, the senior churchwarden of
Breage, after a short address, introduced Mr. John Glasson, of Tremearne, who has filled the office of senior churchwarden of Breage, until last year, for a great number of years past, and who, in a very appropriate address, in which he dwelt largely on the christian virtues and philanthropy of the Rev. Gentleman, presented him with the inkstand. Mr. Perry, in returning thanks, in a very feeling manner, adverted to the pain it occasioned him to part from his parishioners, after having spent the last ten years among them. After speaking at considerable length, Mr. Perry concluded by wishing them every blessing and happiness both here and herafter.
Another Monster Pumpkin - Mr. John Chapman, of Padstow, has a pumpkin that grew in his garden which meassures three feet ten inches round, and weighs thirty-eight pounds.
Helston. - On Thursday, the 1st instant, Edward Toy, John Toy, and Francis Old, were committed for trial at the ensuing county sessions on a charge of stealing oysters from Helford river, the property of Mr. John Tyacke.
Duck Stealing. - On Saturday last, Richard Chenoweth, labourer, of Camelford, was committed to goal for trial at the approaching sessions, for stealing a duck, from Richard Nate.
Fire, and Burning to Death of Two Children. - On Thursday, the 1st instant, a fire broke out in the dwelling-house of Humphry Trembath, in the parish of Ludgvan, which consumed the premises, and unhappily burnt two of his children to death. In the early part of the evening, the father and mother having put the three children to bed, left home and went to Penzance market. They had requested a neighbour to look in
occasionally to see that all was right, and in about an hour and a half
after their departure, the interior of the house was discovered to be in
flames. An alarm was instantly given, and the wife of a neighbour named
Johns, at the risk of her own life, rushed into the dwelling, and succeeded in the midst of the ascending flames in rescuing one of the sleeping children from its impending fate. Unhappily, before this courageous woman could return, or further assistance be given, the staircase became one mass of flame, and together with the bed-room floor, almost immediately fell with a heavy crash, bringing down the remnants of the beds and the lifeless remains of the two children, who were nearly consumed. This sad calamity is said to have been occasioned by a burning ember from the fire.
Camelford. - On Monday last, James Robson, Esq., was elected mayor of this borough for the ensuing year.
16 OCTOBER 1846, Friday
Presentation of an Address to J. W. Colenso, Esq., the Late Mayor Of
Lostwithiel. It having been announced that Mr. Colenso would receive an address from the inhabitants of Lostwithiel, on Wednesday evening se'nnight, at the Guild Hall, ~ at the appointed hour the room presented an animated appearance, having been filled with persons of all ranks; and on the worthy Magistrate making his appearance a general burst of applause ensued, ~ On the motion of Mr. Belling, seconded by Mr. Morcom, Mr. Blewett, surgeon, was called to the chair, ~ Mr. Blewett then rose and said, Gentlemen, we are met here for the gratifying purpose of presenting an address from the inhabitants of Lostwithiel to our late worthy Mayor, a gentleman who stands high in public estimation, and is every way worthy the demonstration of respect and esteem (cheers,) ~ Mr. Belling, surgeon, then rose and said, Mr. Chairman and gentlemen, having been called on to present an address of thanks to our late mayor, Mr. Colenso, on his retirement from office, I accepted the invitation with pride and gratification, and I can assure you that no man can feel greater happiness than myself in having the honour of presenting such an address, signed as it is by so numerous and respectable a body {I may saynearly all} of my fellow-townmen, to a gentleman, whose impartial conductand estimable qualities have endeared him to all classes of the community {cheers.} Mr. Colenso ~ Sir, I have great pleasure in handing you this address, and may you long live to assist in the administration of justice in health, prosperity, and happiness {loud cheers, which lasted for some minutes.} The following address was then read by the Chairman; ~ "We, the undersigned inhabitants of Lostwithiel, impressed with a due sense of your
impartial, kind, and conelliating conduct during your mayoralty, do most cordially and sincerely congratulate you on the high opinion which we entertain of your many public and private virtues, and of those valuable services which entitle you to our warmest thanks and most unqualified approbation" {cheers}. ~ Mr. Colenso appeared greatly affected, and returned thanks in the most feeling manner, stating that during his mayoralty he hoped he had done his duty; he had endeavoured to keep the scales of justice even, and to temper justice with mercy; and in so doing he trusted he had
given universal satisfaction {tremendous cheering}. Three cheers were
proposed for Mr. Belling, who rejoiced at the proud position in which he
then stood in receiving such hearty cheers from his fellow townsmen. and for which he returned them his best thanks. ~ Three cheers were also proposed for the Chairman, who likewise returned thanks, observing that the present was one of the happiest moments of his life; after which, S. Hext, Esq., rose and said gentlemen, I have to propose three cheers for the present mayor, P.T. Pomery, Esq., a gentleman who for the last fifty years has been a magistrate of this borough, {hear hear}. This proposition having been seconded by Mr. Belling, three hearty cheers were given for Mr. Pomery. - The worthy gentleman, Mr. Colenso, then returned to his house, amidst the cheering of the multitude; the bells, at the same time ringing. (The above report reached us too late for insertion in our last week's paper.)
23 OCTOBER 1846, Friday
[From the Editorial, regarding the opening of a subscription for the relief of Ireland. jm]
Sheridan quoted St. Matthew for the maxim that "charity begins at home." The saying, however, is as true as if the
Evangelist had uttered it. The pressure [will not be felt here as soon as in Ireland, but IT IS COMING, and we must
prepare to meet it. Our humbler neighbours have the first claim upon us under this calamitous visitation, and to that
claim we must freely respond. We must prepare, rich and poor, to meet in common the exigency of the times. The coming
year will be one of no ordinary suffering, and must be one of no ordinary liberality. It is by no fault of their own
that our poor are exposed to the distress that threatens them. That distress, too, they will bear with patience and
fortitude, "those stern but hardy virtues, which, like the lesser lights of heaven, are visible only in seasons of
darkness," but on this ground they will be doubly entitled to our assistance. In this work of benevolence may we hope
to be stimulated by the example of what the Irish philanthropists are doing for their own countrymen? When they have
shewn a good example at home, and we have provided for our suffering neighbours here, the English subscription-list may
be opened for the relief of Irish distress.
[The Editorial pointed out that the landowners and gentry in Ireland never helped their starving people, but solely asked
the English counties for help. Neither did they allow the poor to farm their properties, even though there was more than
enough land to do so had it been used judiciously. jm]
FALMOUTH CHURCH - The REV. JOHN SYMONDS, curate of the parish of Falmouth, is about to resign the curacy, and has given
the rector notice to that effect. The Rev. Gentleman undertook the cure about two years ago, just after the intense
excitement produced by the rector's adoption of the Puseyite forms and ceremonies; and by a constant course of decorous
and Christian deportment in the discharge of his duties, gradually allayed the animosities which prevailed, and gave
general satisfaction to the parishioners. Since the rector's return, however, from the Continent, from various causes,
the parish has again become the seat of discord, insomuch that, we hear, it has caused Mr. Symonds to resign.
ST. IVES - We are happy to state that the fishing boat, belonging to this place, that was missing last week, was driven
into Portreath, and that the boat and crew were saved.
PILCHARD FISHERY - St. Ives - On Friday last, a sean belong to TREMEARNE, WILLIAMS, and Co, was shot, and caught about
500 hogsheads of pilchards. On Sunday, several shoals were seen passing through the bay, and the drift boats are bringing
in small catches of herrings.
EMIGRATION - The "DAVID MALCOLM," emigrant ship, sailed from the port of Plymouth on Tuesday, the 13th instant, at two
p.m., all well. Mr. WILCOCKS, the agent, left the ship with the last pilot at four p.m., twelve miles from the land, when
all the emigrants were contented and happy, and expressed themselves as being much pleased with the kindness and consideration
for their comfort in all the ship's arrangements.
WORTHY OF IMITATION - We have heard that Dr. YEO, of Fremington House, has ordered that, in consequence of the great advance
in the prices of the principal necessaries of life, all the labourers in his employment shall receive one shilling per week
additional wages; and that wheat shall be furnished to them and their families at the reduced rate of 7s., and barley at
3s.6d. per bushel. Actions such as these need no comment; and we trust the noble example will be cheerfully adopted by
other influential landed proprietors.
SUSPECTED MURDER - It will be seen from an advertisement in another part of our paper that there is strong ground for suspecting
that MR. RICHARD SKINNER, of Gwennap has been murdered while on his way home from Redruth, on the night of Monday, the 12th
instant. We understand that blood has been discovered ont he road betwen Redruth and Carharrack, and the wristband of a shirt,
but the body of Mr. Skinner has not been found, nor any tidings heard of him since he left Redruth on the night above mentioned.
FALMOUTH QUARTER SESSIONS - These sessions were held on Friday last, before H. MERIVALE, Esq., the Recorder, when CHARLES
YATES and ALBERT LAFRIEZE, two youths, were found guilty of stealing cabbages, the property of W. HOBBS, and sentenced to one
month's imprisonment with hard labour. The conviction of MR. SMITH, the master of the union house in that town, for a nuisance,
in permitting the removal of offensive matter, was quashed, but without costs. The grand jury entered on the presentment book
a minute, calling the attention of the council to the bad drainage and filthy state of some of the courtlages of the town. The
Recorder said he had no doubt as soon as the new act became generally known, it would be acted on in Falmouth as well as other
towns.
STAMP OFFICE CONVICTIONS - CAUTION TO OMNIBUS PROPRIETORS - In consequence of numerous complaints of the openly illegal
conduct of the omnibus proprietors in this county, which, we understand, the government is determined to put down, officers have
been on the look out for the purpose of laying informations before the local magistracy; and on Friday last, a number of these
informations were heard by MR. COLLINS, MR. ANDREW, and CAPTAIN WIGHTMAN, at the Duchy Hall, Truro. They were all laid by
MR. JOHN STOWELL, jun., officer of Her Majesty's stamp duties, Somerset House, and Mr. JACOBS, of the solicitor's office,
attended on behalf of the crown.
The first case taken was that of JOSEPH MARTIN, of Falmouth, against whom there were three distinct informations for runnig an
omnibus between Truro and Falmoouth on three different days, not having on such carriage the stamp-office plates. There were four
informations also against his partner, WILLIAM PEARCE. The cases were all clearly proved by two omnibus time-keepers from London,
who also proved all the others. After proving Martin's cases, Mr. BENNALLACK consented that a penalty of GBP 20 against each
defendant should be taken, payable within a week, together with costs, amounting to GBP 3.6s.6d. on the two cases; and, wanting
sufficient distress, that each party should be imprisoned for three months.
The next case was that of SAMUEL LAKE, against whom there was only one information for the same offence as the foregoing; and as
it was admitted by the witnesses for the crown that Lake was not with his carriage on the day for which the information was laid,
and that although it was driven to Falmouth without the plates, yet it returned with them, the bench being of opinon that no
fraud was intended. Dismissed the case.
There was one information against WILLIAM PHILLIPS, of Camborne, and WILLIAM BIDDICK KELLOW, of St. Austell, for running their
carriages more than four miles an hour not being duly licensed, which was in each case clearly proved, and the defendants were fined
GBP 10 each, with costs, or three months' imprisonment.
A like information was laid against RICHARD CLIFT, of Truro. In this case the fast driving was proved, but a plea was set up
by Mr. Bennallack, on the part of the defendant, that he was not the proper party to be summoned, the carriage belonging to one MARTIN
DUNN. It was, however, shown that no such man as MARTIN DUNN lived in Truro, and that, in fact, the use of that name was for the
purpose of deception; and the magistrates being of this opinion, inflicted a penaly of GBP 10, with 9s.6d. costs, or three months'
imprisonment.
On the following day, cases similar to these were heard at Penzance, before Colonel SCOBELL, REV. H.E. GRAHAM, and MR. J. CARNE, when the same parties appeared on behalf of the crown. One information was laid against BENJAMIN JEFFERY and BENJAMIN EDDY, both of
St. Just in Penwith, who were convicted in the penalty of GBP 5 and costs, or six weeks' imprisonment. There were two offences
proved against JOHN NANKERVIS, of St. Just, and on each conviction a penalty of GBP 5 was inflicted with costs, or six weeks'
imprisonment. NICHOLAS JOHN UREN, of Penzance, had four informations laid against him, two of which were proved, and a penalty of GBP 20 in each case was inflicted, with costs, or three months' imprisonment for each conviction; and the bench recommended Mr. Jacobs to
withdraw the other two.
ROBERT MICHELL, of Penzance, pleaded guilty to one information, and was fined GBP 5 with costs, or six weeks' imprisonment. On the sameday, E. BOLITHO, Esq., Mayor of Penzance, heard one case against JOSEPH REYNOLDS, the driver of Uren's omnibus, who was fined GBP 5 and costs, or six weeks' imprisonment. It should be stated that in most of the foregoing cases convictions have been before obtained,
either in the Court of EXchequer, or before the local magistrates; but as they have not prove a sufficient caution, heavier penalties
have been inflicted in the present convictions, and we are informed that the crown officers, should it be necessary for them again to
take similar proceedings, will press for the full penalties.
THE GAME LAWS - On the 12th instant, at Ruan Highlanes, JOHN BEARD, of Probus, was convicted under the game act, 1st and 2nd Wm., in the full penalty of GBP 5 and costs, for having used on Sunday, the 20th September last, an engine, called a gin, for the purpose of taking
and killing game, on the land of the Earl of Falmouth, in the parish of Probus; and in default of immediate payment was committed to the
common gaol, at Bodmin, with hard labour, for the term of three calendar months.
DARING ROBBERY - On Monday night last, some person or persons broke into the Storehouse of Mr. BUCKTHOUGHT, of St. Columb, and stole therefrom about 50 lbs weight of corduvan leather, and various other articles, valued at from GBP 12 to GBP 18. The perpetrators of
this robbery have so far escaped the vigilance of the constables.
CORONERS' INQUESTS - The following inquests have been held before JOHN CARLYON, Esq., coroner, since our last report: On Friday last, at the house of MR. WILLIAM HALLS, innkeeper, on the body of MATTHEW WASLEY, aged 21 years, who accidentally fell from one of the ladders as he was descending to work in the Consols Mine, on the morning of that day, and was killed on the spot. It is supposed that he fell about twenty fathoms.
On the same day, at Gwennap, on the body of GEORGE GREGOR, aged 26 years. The deceased, and two other miners, were employed on Thursday evening, in stripping one of the shafts in Treviskey and Barrier Mine, and were in the act of pulling up a solar, when a piece of timber, on which the deceased was standing, gave way under him, and he fell down the shaft. The solar, with several pieces of timber from around the shaft, and some loose rubbish from behind the timbers, fell with him. In this case also the deceased was killed on the spot. His comrades had a very narrow escape. Verdict in each case, accidental death.
LETTER TO THE EDITOR
FALMOUTH CHURCH
Mr EDITOR - I shall feel obliged by your insertion of these few lines in your
valuable paper.
I have officiated as organist of Falmouth church for upwards of fifteen years, and
during that period I have received many flattering remarks, conveyed to me by various
individuals, and more than once officially, through the wardens, when the bishop has
visited the church.
It might be presumed from my length of service I should have received equal kindness
from the hands of all; but I am sorry to say there is one who has frequently annoyed
me during the week, during the sabbath, and even during the service, with messages and
notes, either personally or by his request. My sole object, however, at present, is to
state the last act of this individual.
On Sunday evening last, two minutes before the service began, the rector ordered the
psalms to be chanted; but as the organ had been under a course of repair, and I had no
opportunity of practising the choir, I exercised, in my opinion, a sound discretion in
not doing so. Consequently they were read by the rector, who, the moment he had done
reading them, jumped from the platform, and, in his robes, made his way to the organ
loft, where, in a manner that disturbed the congregation, he ordered me to quit the seat,
and let his sister-in-law occupy it. It is unnecessary for me to say more on this head,
as, no doubt, the papers will teem with a becoming description of such impropriety.
I have only to add, that at the conclusion of the service, the rector demanded the keys of
the poor bellows blower, and took possession of the organ, without my permission, or that
of the parish churchwarden.
I now leave it to the good sense of the parishioners to decide whether, under these
circumstances, I am to be forcibly expelled from my situation.
I remain, Mr. Editor, Your most obedient and much obliged,
JOS. H. COGGINS, Organist Falmouth, October 21, 1846
ADVERTISEMENTS
SUSPECTED MURDER
THERE being strong suspicion that MR. RICHARD SKINNER, of Gwennap, was murdered on his
way from Redruth to his residence, on the night of Monday the 12th instant; any Watchmaker,
Jeweller, or Pawnbroker who may have a Watch, Silver Guard chain, or Brooch offered to them
for sale of otherwise, is requested to notice the following description of the above named
articles which he wore at that time: Silver Guard Chain, curb pattern; Silver Lever Watch,
with silver dial, no name, No, 5044, believed to be jewelled in eight holes; small Gold
Brooch with a very long pin.
Any person who may see or have such articles offered to them is requested to detain the
person or persons offering the same, and forward information thereof to MR. MARTIN SKINNER,
Carharrack, near St. Day.
If the foregoing Mr. Richard Skinner has been murdered a reward of Ten Pounds will be paid
on conviction, to any person who may give such information as will lead to the apprehension
of the murderer.
TEN SHILLINGS REWARD
STOLEN or STRAYED from a Croft in Bojewyan, in the parish of St. Just in Penwith, a BROWN
MARE, about twelve hands high, with a white star in her forehead, and three white feet, a
white spot in the other foot, a switch tail, and a cut in the further knee.
Whoever will give such information as shall lead to the recovery of the said Mare to
WILLIAM THOMAS
Of Trewellard, in the said parish, shall receive the above reward, and have all reasonable
expenses paid.
Dated St. Just, Otober 21, 1846
Quarter Sessions
CHARGE TO THE JURY
COUNTY BUSINESS
VISITING JUSTICES' REPORT - The visiting justices reported that the state of the gaol was highly satisfactory both
with regard to the health and the conduct of the prisoners. In consequence of the failure of the potatoe crop, some
alteration was required in the dietary of the prisoners.
SURGEON'S REPORT - The surgeon of the prison reported that the health of the prisoners had been generally good, and
the infirmaries were unoccupied. There had been, during the year, 215 cases of slight indisposition. Thirteen infirmary
cases; and one death from rupture of a blood vessel. Several cases of scurvy had occurred, arising from the want of a
vegetable diet.
GOVERNOR'S REPORT - The Governor of the gaol reported the general orderly conduct of the prisoners, but he felt it his
duty to state that they had complained of the want of vegetable diet, and with the concurrence of the surgeon and visiting
justices, he proposed to thicken the soup with peas instead of oatmeal. He also recommended the including of a piece of
land at the western end in the buildings of the prison in order to give greater security and accommodation. The expense
of making this addition to the prison would be GBP 60. A short discussion ensued upon this proposition, which terminated
in Mr. Colman RASHLEIGH giving notice of a motion for the grant of GBP 60 at the next sessions.
TRIALS OF PRISONERS
JOHN WHITING, 48, was found GUILTY of stealing on the 22nd of August, at Vanland, in the parish of St. Cleer, some poles, the
property of ELIAS GOVETT.
RICHARD TRISE, 17, pleaded GUILTY to a charge of stealing, in the parish of St. Clement, a pair of trowsers, waistcoat, pair
of boots, two coats, a watch, with guard, steel chain, seal, and two shillings and three-pence in money, the property of EDWARD
HOCKEN.
THOMAS SEMMONS, 25, was charged with stealing, in the parish of St. Buryan, a quantity of potatoes, the property of JOSIAH
SEARLE. The prisoner was seen to come from the direction of the prosecutor's ground early in the morning of the 26th of
August, with some potatoes. He had been employed by the prosecutor on the 25th to draw potatoes, and one part of the
defence was that he was only engaged in completing the work. Anotehr point of the defence was that the identity of the
potatoes could not be proved, as there were other potatoes in the field besides the prosecutor's. Against this, however, it
was stated by one of the prosecutor's witnesses, that when he saw the prisoner come from the field, and charged him with
stealing the potatoes, he said "don't say anything about it, and I'll pay Josiah Searle for them." He was found GUILTY.
JOHN LAMPSHIRE, 16, was charged with stealing a fowl, the property of HENRY WILLIAMS,jun., of Vineyard, near Truro. The prisoner
was in company with a man bnamed CHEGWIDDEN, on the 1oth of October, and they offered the fowl for sale to MRS. DUNSTAN, who
sells poultry in the Truro market. Chegwidden has since absconded. The prisoner was found GUILTY.
NICHOLAS MATTHEW SCOBELL, 20, pleaded GUILTY to a charge of stealing a warch, on the 19th of September, the property of JAMES
DUSTOW.
JOHN UREN, 19, pleaded GUILTY to stealing, at Northhill, on the 10th of October, a cloth coat, cotton handkerchief, and pair of
gloves, the property of ROBERT DAWE.
THOMAS WERRY, 22, was indicted for stealing, at Truro, one smoothing plate, trying square, Turkey oil-stone, tenon saw, chisels,
and other articles, the property of SAMUEL WILLIAMS, joiner. The prosecutor stated that on Saturday evening, the 18th of
January last, he left his tools in some unfinished premises at Truro, of which he had the charge, and which belonged to Mr. JOHN
RAPSEY. The building was locked, but on returning to it on Monday morning, prosecutor found thaat some one had entered, and
taken his tools. JOHN RAPSEY deposed that he saw the prisoner, on Saturday evening, the 18th of January, on two occasions,
standing about the premises in Ferris Town. It was further proved that the prisoner has since offered the tools for sale, but
through the length of time that had elapsed since they were first missed by the prosecutor, Mr. BENNALLACK, for the defence,
contended that no proof could be shewn of the prisoner having committed the felony, but on the contrary, that he might have come
by the tools honestly. The Chairman also adopted this view of the case, and stopped the proceedings. Verdict of ACQUITTAL.
HENRY ROGERS, 22, was indicted for stealing, at East Wheal Rose mine, in the parish of Newlyn, a woollen shirt, the property of
NICHOLAS BICE. Mr. HOCKIN conducted the prosecution, and Mr. BENNALLACK appeared for the defendant. The prosecutor was a
miner at East Wheal Rose, and on Saturday morning, the 1st of August, he took off his underground clothes, and left the woollen
shirt in question in the drying house. On the following Monday he missed it.
- CHARLES TREGONNING, a constable, in consequence of information, went to Wheal Grambler mine, int he parish of Gwennap, on
Monday, the 3rd of August. He there found the shirt which prosecutor had lost.
- PHILIP JEFFERY PERRY, a miner who was working on a pitch with the prisoner in Wheal Grambler, deposed that he had seen the
prisoner wearing the shirt.
MR. BENNALLACK, for the defence, urged that it had not been shown that the defendant had been at East Wheal Rose; and even if this
were proved, the shirt was most probably taken by mistake, as the miners hung their things all together.
The prisoner was acquitted on this charge; but a second indictment was then preferred against him for stealing, at East Wheal Rose,
a pair of woollen trowsers, the property of WALTER LAMPSHIRE. This prosecutor deposed that he was a miner at East Wheal Rose, and
on Saturday, the 1st of August, he put his clothes on a nail in the drying house; he afterwards missed the trowsers named in the
indictment. The prisoner, he stated, had worked in East Wheal Rose mine, but had left after the water broke in. The rest of the
evidence was very similar to that given in the last case. Constable Tregoning deposed to finding the trowsers at Wheal Grambler,
and PHILIP PERRY stated that he had seen the prisoner wearing them. The only difference in the evidence appeared to be that on first
taking the pitch with Perry, the prisoner was stated to have worn another pair of trowsers, but afterwards he worked in those which
were identified as belonging to the prosecutor. Upon this indictment the prisoner was found GUILTY.
CATHERINE JOHN, indicted for felony, failed to make her appearance in Court, and her recognizances were estreated.
WEDNESDAY, OCTOBER 21
JONATHAN HANCOCK, 13, was charged with having feloniously broken open the house of ANN HEARLE, at Camborne, and stolen therefrom two
keys, the property of the said Ann Hearle. The case mainly rested on a confession made by the prisoner, and from the circumstances
under which it was made, the chairman did not think the evidence admissible, and directed a verdict of acquittal. The Court was
shocked to hear from the governor that this very young prisoner had been twice before convicted and imprisoned, and had been flogged
four times; he was the worst boy the governor had ever met with. The boy was severely reprimanded and admonished by the chairman.
DANIEL HALL, 42, was charged with stealing flannel shirts, jacket, hat, cap, two-foot rule, shoes, and a dag, the property of JOSEPH
NINNIS, and others, adventurers in Penhalls mine, in St. Agnes. Captain NINNIS, the agent of the mine, on the 5th of September, had
a flannel waistcoat and jacket hanging up in the account house of the mine, and on the Monday morning, he missed them with other articles
named in the indictment. On the following day, he went with the constable BRYANT in search of the prisoner, and found him at Constantine,
and in his house concealed were two shirts, one of which the prosecutor identified. The prisoner, on being apprehended, at first denied
all knowlege of the transaction, but subsequently told the constable that he would find the other missing articles buried in the hedge
of his mother's field at St. Agnes; and the constable found the articles in the place to which prisoner had directed him. The prisoner
added that he took the articles from the account house. Verdict, GUILTY. The prisoner appealed to the court for mercy, on the plea of his
having a wife and seven children. A previous conviction, however, was proved against him, for stealing a fowl from WM. ANGWIN, in 1843.
EMMA GILL, 20, was charged with stealing two shawls, and a pair of shoes, the property of MARY SOLOMON, of Chacewater. [Prisoner lodged
with prosecutrix for some weeks, then left abruptly; the articles named were quickly missed, and JOSEPH DAVIS, constable of Kenwyn,
found the prisoner at Little Colan with a bundle which contained all the missing articles.] The prisoner, on being asked how she came
to steal the things, said she was glad she had done it, for she should be better taken care of than she had been. She also said she
thought she had been 'bedevilled,' and acknowledged that she had taken the articles from Mary Solomon. GUILTY.
MARIA SLEEP, 35, was charged with stealing two gallons of milk, the property of WILLIAM PRUST, a farmer in Lewannick. It was proved by
RICHARD STACEY and whis wife, who lived under the same roof with prisoner, that between one and two o'clock in the morning fo the
10th of August, they heard prisoner go down stairs and Stacey went out, and watched her, and saw her to to Mr. Prust's field, and milk
his lop-horned cow of about two and a half gallons of milk, which she brought into the house. The prosecutor, it appeared, had often
before had his cows milked by night. GUILTY.
ANN WILLIAMS, 25, was charged with stealing from the person of RICHARD NEWETT, ten GBP 5 notes, and twenty-five sovereigns. The prosecutor
was a farmer and dealer in sheep, livng in Camelford, and the robbery was alleged to have been committed on the 2nd of October, at
Liskeard. [Prosecutor attended the fair, and about three o'clock went to the East Cornwall Bank, where he put ten GBP 5 notes into
his right trowsers pocket. He was fifty-eight years old, a married man with children. After he dined at the London Inn, he was standing
in the door way when the prisoner accosted him, and after some conversation they went up a lane and into a field, where after some time
prisoner ran off, and prosecutor realized his money was gone. He ran down the lane after her, where he met a man who tried to stop him,
and knocked off his hat. He finally overtook the woman, and on his accusing her of having robbed him, she denied having the money. He sent
for the constable. She said if he would make no to-do about it, and not send for the constable, she would show where the money was. They
went back to the lane where he caught her, and she pretended to search the hedge for about half an hour, when constable DAWE came. She told
Dawe she was looking for the money, but nothing was found. Dawe took her into custody, left her with the town serjeant, then again searched
the hedge. No money was found.
The defence, by cross-examination, was chiefly directed to nullify the effect of the prisoner's own expressions concerning the money, by
showing they were in consequence of inducements to find the money made by the prosecutor and others. It was proved prosecutor told her
that if she would find the money, he would always be her friend, and she would not find him ungenerous. Mr. LANGFORD, another witness, told
her if she found the money he would take care the old man should give her something. An expression made use of by her, when she went with
the constables in the morning to search was, that the lane was a thoroughfare, she would have taken care that the old man should not catch
her. After the jury had considered for some time, one of them asked the court what would be the effect of their discrediting the evidence
of the prosecution. The chairman replied that he thought if they discredited the evidence of the prosecutor, the case must fall to the
ground. Of the other evidence, a portion was merely corroborative of the prosecutor's, while a part of Mr. Langford's was contradictory
of it. The jury then retired, and after an absence of more than an hour, returned a verdict of GUILTY of stealing from the person.
COUNTY BUSINESS
LOOE BRIDGE - Mr. GILBERT reported that the Looe Bridge Committee recommended the acceptance of the tender from W. TOLL, of St. Germans,
for GBP 2,100 - that tender being GBP 125 less than any other; the work to be completed by the 1st of July next. Mr. GWATKIN suggested
there could be an increased expense if the foundations of the piers should be found insuffiencient for the proposed superstructure. [they
were going to remove the existing bridge, but re-use the piers] Mr. GILBERT thought the difficulty would not arise, as the bridge to be
erected would only be about two-thirds of the weight of the present bridge. MR. Toll, who was in court, was of opinion that the existing
piers would carry the new work, but would not take on himself the responsibility of the foundations. After some discussion, Mr. Toll agreed
to undertake to make good such foundations of piers as might be found defective by the engineer, for an additional sum of GBP 10 for each
foundation so defective. Mr. RODD, seconded by Mr. SAWLE, moved that the report of the Looe Bridge Committee be adopted, and that Mr. Toll's
tender be accepted, with a proviso that, int he eent of the foundations of any of the piers, at four feet below the bed of the river being
found defective, Mr. Toll shall be paid an extra sum of GBP 10 for each defective pier.
INSPECTORS OF WEIGHTS AND MEASURES - A motion of Mr. PAYNTER, that the salaries of the newly-appointed Inspectors should commence from the
20th of October (yesterday) was carried by a majority of 8 to 12 against an amendment moved by the REV. W. MOLESWORTH, that the salaries
should commence from the date when the inspectors should receive their weights and measures.
MR. TREMAYNE said he could not allow the subject of the weights and measures to pass, without expressing his regret that he had found
that the majority of magistrates felt they were not justified in granting any remuneration to the two old inspectors whose services
were now dispensed with, without any fault on their part, or indeed, any complaint whatever being alleged against them. Mr. Tremayne
had briefly spoken on this subject yesterday; he then said he believed the only reason for the discontinuance of the late inspectors'
services was that younger men were considered preferable.
TRIALS OF THE PRISONERS RESUMED
JOHN RICE, 38, was charged with having stolen, at Breage, ten sacks, the property of GEORGE TREWEEKE. One of the principal witnesses
against the prisoner was EDWARD JOHNS, a lad who had been in the service of the prosecutor, and who, having been committed for trial
charged with stealing fourteen sacks, the property of the prosecutor, and which, it was charged against Rice, that he had feloniously
received, was now admitted an approver. GUILTY.
The following bills were ignored:
RICHARD DUNSTAN, stealing egg cup and glass from WILLIAM GOSS, at St. Gluvias.
PAUL WILLIAMS, stealing mutton from THOMAS KEMP, of Perranarworthal.
WALTER ROBERTS, stealing a cloth coat and cotton handkerchief, from JOHN OUGH, at Bodmin.
RICHARD WARNE, stealing sheaves of wheat from WILLIAM THOMAS, at Lanhydrock.
APPEALS - 5 in all, none with names or details of the cases.
SECOND COURT
WEDNESDAY, OCTOBER 21
JOSEPH HOARE, 22, was charged with stealing in the parish of St. Pinnock, a fustian coat, the property of CHARLES TRUSCOTT. The
prosecutor was working for MR> ROWE, a farmer, in the parish of St. Pinnock, on the 10th of August. He placed his coat in the
machine house, and went out to his work; but on returning in the evening found that the coat had been taken away. The prisoner
had been on the farm to ask for work, and .... a constable went after him, ....in a lodging-house, wearing the coat that... missed.
The prisoner was found GUILTY, and another conviction was also proved against him.
HORSE STEALING - JAMES RYAN CAN.ON, 33, was charged with stealing a black mare, value GBP 18, the property of Mr. HENRY TROUNCE.
Mr. STOKES conducted the prosecution. The prosecutor stated that he lived at Laity Mills, in the parish of Redruth, and on Saturday,
the 10th of October, he had a black mare coming four years old which he saw in his own farm yard that evening. On Monday morning
the mare was missing; he went into every field on his farm, and could not find her; and the next time he saw her was at Truro, when
she was in charge of policeman WOOLCOCK.
- RICHARD TRENGOVE, son of the landlady of the Rising Sun, at Truro, stated the prisoner came there with a black mare on Saturday
evening, the 10th of October. He said his name was Lampshire; he was servant to Mr. sTEVENS, of Redruth, who was a jobber; on Monday
morning he was going to Bodmin for cattle. Prisoner stopped at the Rising Sun that night, and on Sunday morning, he went into the
country.
- WILLIAM WOOLCOCK, a policeman at Truro, said that in consequence of information from Mrs. Trengove, he dressed himself in plain
clothes, and went after the prisoner on Sunday morning. On finding him, the prisoner said he had been servant to Mr. Stevens about
three months, and offered to sell the mare for GBP 6. He said she was a very good mare, thirteen hands high, and seven years old.
They went back together to see the mare in the stable where, upon examination, the policeman found she was nearly fifteen hands high,
and three years old. He asked the man several questions, and then told him his story was so unsatisfactory that he should detain
him until he could hear from Mr. Stevens, of Redruth. He wrote that afternoon to Mr. Stevens, who said he knew nothing of the prisoner.
Verdict, GUILTY. A prior conviction for horse stealing was also proved against the prisoner, under the name of JAMES RYAN, for which
he received twelve months' imprisonment at the Midsummer sessions fo 1845.
JOHN BISHOP, was acquitted on a charge of stealing, on the 17th of October, a fowl, the property of ROGER GILL, a farmer of Egloshayle.
WILLIAM PALMER, 24, pleaded GUILTY of stealing, in the parish of South Petherwin, a fustian jacket, the property of RICHARD DAWE.
SHEEP STEALING - GEORGE BALL, 45, butcher, was indicted for stealing, in the parish of Madron, one ewe sheep, the property of PETER JOHN
RICHARDS. MR. ROSCORLA conducted the prosecution, and called
- Mr. RICHARDS, a butcher at Penzance, has land at Polmenna, in Madron, about a mile distant. On Saturday, the 10th of October, he
put twenty-four sheep on his land at Polmenna, one of which was a ewe with a mark on the rump, and the top of an ear gone. The
following Sunday, there were 23 sheep. In consequence of information and suspicion, he obtained a search warrant for examining
the prisoner's slaughter-house and dwelling-house. He went with the warrant on Wednesday, the 14th, but did not discover anything. The
second time, he discovered a hole in the end cob wall of the slaughter-house, which was stuffed with straw. This hole was made through
the wall, and directly under it on the outside, in another person's garden, there was a quantity of sheep's heads, skin, tails, &c., in a
state of partial decomposition; and in the end of the hole was found the ear and tail of the sheep that prosecutor had lost. He since found
those parts to correspond with the skin, which had been taken out of the Tallack river. Prosecutor afterwards saw the prisoner in Chapel-Street,
Penzance, and charged him with the theft, when he said he had the sheep from Buryan.
- WILLIAM ROWE, a mason of Penzance, said he was coming from Prospect=place to Penzance, on Sunday morning, the 11th of October, between
one and two o'clock, when he saw the prisoner in the road leading from the highway to his slaughter-house, riving a sheep with a black
face.
- HONOR ANCELL deposed that she was at the top of Clarence-Street, Penzance, about half-past one on Sunday morning, the 11th of October,
fetching water, when she saw the prisoner driving a sheep on the high-road in the direction coming from Madron.
- ANN DASH deposed that the wife of the prisoner came to her shop on the 14th of October, offering to sell a leg of mutton. Witness
purchased it, and now produced the bone of the huck part.
- JOHN MARTIN, policeman of Penzance, stated that while in his custody, the prisoner said he had purchased the sheep of a person at
Lelant, whom he did not know. The prisoner, in his defence, said he bought the sheep of a man whose master told him to put it out of
the way, because it had been bitten in the neck by a dog. Verdict, GUILTY.
GEORGE HENRY HUNT, 10, was indicted for stealing, at Falmouth, four pounds weight of copper, the property of JOHN TRETHOWAN. Mr. GENN, for
the prosecution, called:
- JOSEPH HAYLEY, Mr. Trethowan's foreman, who stated that his master was a shipwright, at Falmouth. On the 6th of September, witness saw
a bar of copper safe in the nail house, in his master's yard. On the following Thursday, he found the bar had been cut. In consequence of
something he heard, he spoke to THOMAS MATTHEWS, who kept an adjoining blacksmith's shop, and Matthews gave him teh copper on Friday morning.
Witness did not pay Hunt (who worked for his master) his wages on the Saturday night; but asked him if he knew any thing about the copper bar.
He said he did not think it any harm to cut off a piece, as Thomas Matthews wanted a piece. On cross-examination witness said he could not
positively swear that the portion of copper produced belonged to Mr. Trethowan; he had not tried whether it matched with the bar, but had
examined it with his eye.
- THOMAS MATTHEWS deposed that the prisoner Hunt offered him for sale, in September last, some copper, which he said he had picked up on
the beach; witness had purchased copper of him once before. It appeared that from inquiries made by the foreman, Matthews, afterwards sent
a boy named PASCOE to Hunt for the copper; and Hunt took it from under a chest of drawers and sent it down. The day afterwards, prisoner
told the boy not to say anything about it. The prisoner's statement before the committing magistrates was then put in, which was as follows:
"I never cut the copper; I found it on the beach." MR. MOORMAN, on the part of the prisoner, strictly cross-examined the prosecutor's witnesses
and drew from them that the prisoner had before a good character. He then addressed the jury, contending that the property had not been
sufficiently identified. The jury acquitted the prisoner, and the Chairman cautioned the witness Matthews not to purchase copper again in a
similar way.
ROBERT TOY, 61, was charged with stealing, in the parish of Budock, a bundle of oat straw, the property of MR. JOHN LENDERYOU, of Falmouth,
innkeeper. NOT GUILTY.
FRANCIS HARRIS, 18, was charged with stealing a pair of shoes in the parish of St. Hilary, the property of EZEKIEL JOHNS. The prosecutor is
mine agent of Wheal Prosper, and on Saturday, the 26th of September, he locked the counting-house, leaving there his coat, flannel shirt, pair
of drawers, and shoes. On the 28th of September, he went to the counting-house, and looked for his clothes, but could not find the flannel
shirt and shoes. He then observed that a pane of glass had been removed. From information he afterwards received, on the 13th of October he
went to the house of THOMAS DAVEY, who gave him his shoes. THOMAS DAVEY was called, and deposed that the prisoner had sold him the shoes on
the 4th of October. Prisoner, in his defence, said he found the shirt and shoes in the body of a cart, which was off its wheels, by a hay-rick.
The shoes only were mentioned in the indictment. Verdict, GUILTY, but recommended to mercy.
WILLIAM HICKS, 18, was indicted for obtaining, under false pretenses, the sum of two shillings from FRANCES JAMES, the property of HENRY JAMES,
of the parish of Illogan. The prosecutor lives at Pool, and is one of the agents of Tin Croft mine. On the 1st of August prisoner came to
prosecutor's wife, and said he had been sent by her husband for two shillings, which the latter wanted as he was going from the mine on business.
She gave the prisoner the money, and afterwards learnt that her husband had not sent him. GUILTY.
MARY LUKE, a young girl, pleaded GUILTY of stealing, at Truro, on the 17th of October, a mantle, the property of ELIZABETH KNIGHT. She also
pleaded guilty to another indictment for stealing, at Truro, on the 15th day of October,a silk cape, the property of JOHN BROKENSHIR. She
also pleaded guilty to a third indictment for stealing at Truro, on the 12th of October, a silk polka, the property of SUSAN BROKENSHIR.
The court then rose.
(The remainder of our Sessions report shall appear next week.)
30 OCTOBER 1846, Friday
LOCAL INTELLIGENCE
ECCLESIASTICAL - The Rev. WILLIAM HASLAM, late curate of Perranzabuloe, has been presented by the Earl of Falmouth to the
vicarage of Stithians, in this county.
APPOINTMENT - Friday's GAZETTE contains the promotion of second Lieut. ANTHONY REYNOLDS VYVYAN CREASE, to be first Lieutenant
in the Corps of Royal Engineers.
CORNWALL RAILWAY - MR. ROBERT BROAD son of R. R. BROAD. Esq. of Falmouth, has been appointed clerk to the secretary of this
railway.
HELSTON FAIR - This fair, on Wednesday last, was well supplied with both fat and lean beasts, and many exchanged hands at very
high prices. Cows and calves also sold very high.
THE POTATOE DISEASE - We find the following letter addressed to the Editor of the Times - " Mr. BRADBURN, of Pipe-place,
near Lichfield, a young gentleman farmer, not more than twenty-one years of age, planted six or seven different sorts of
potatoes in a field of about ten acres, and top-dressed them with quick-lime abundantly as they were coming up, having an idea
that excessive moisture, or some worm or insect, was more or less the cause of the potatoe disease. This he did whilst his
neighbours of all degrees laughed at him, shook their heads, and intimated that, when he had more years, he would have more
sense than to waste his time and his capital so. The result, however, of this experiment, was an abundant crop of good, sound,
and fully grown potatoes of the six or seven different sorts he planted, none diseased, whilst all those of his neighbours are
destroyed. His field of ten acres was the only one top-dressed with lime, as mentioned, and is now the only one that has
produced a good and an abundant crop."
THE ST. MABYN MURDER - MARY TREVERTON, charged with the murder of SAMUEL HOCKIN, underwent her final examination before the
Magistrates of the Division, on Saturday last, at the County gaol, and was fully committed for trial at the next Assizes. The
evidence was substantially the same as that we have already published. No new facts had been brought to light.
ST. AUSTELL - On Tuesday last, MR. P. R. NICHOLLS, flutist, gave his flute performance at the Town hall, before a highly
respectable audience. Mr. Nicholls's tone and execution are particularly good, and he was deservedly encored in several of
his solos. At the end of his performance, the audience expressed their entire satisfaction.
PILCHARD FISHERY - Newquay - On Monday evening last, the driving boats brought in from 5,000 to 15,000 very fine pilchards, and
very large shoals were seen about a mile and half or two miles off Towan head. The crew of a boat that was going out to a vessel
passed through a large shoal, actually took up with their hands ninety-two fine fish, and if they could have had a little more
patience to wait, it is said they might have taken up many more. The crews were all mustered on Monday evening and Tuesday morning.
ST. IVES - On Tuesday last, the bay was found to be full of fish, and about twenty seans were shot. The following are said to be the
quantities inclosed, which, from the favourable state of the weather, are likely to be all landed: Hichens and Co., 5,000 hogsheads;
Wearne and Co., 5,000; Tremearne and Co, 4,000; Bolitho and Co., 3,000; Architect Co., 3,000; Union Co. 1,000; Faithful Co., 2,000 -
total 23,000 hogsheads.
PENDEEN - On Tuesday morning last, the sean at this place was shot, on a large shoal of pilchards, but in consequence of there not
being any men in pay, only a few hogsheads were saved.
SERIOUS ACCIDENT WITH FIRE ARMS - On Saturday evening last, a young man, named RICHARD SYMONS, about twenty years of age, the son of
a farmer at Coverack, in the parish of St. Keverne, having mounted his horse, requested his little brother, about eight years of age,
to hand him his gun. The youth did so, but, unfortunately, in lifting it, the cock, which was at the time resting on the nipple, got
entangled in his clothes, and the gun went off and lodged the contents in the young man's arm, near the elbow. MR. STEVENS, surgeon,
was soon in attendance, and pronounced amputation to be indispensible. Accordingly, MR. R. H. ROSKRUGE, surgeon, of Helston, was
sent for, and about eleven o'clock at night the arm was amputated above the elbow. The operation was borne with great fortitude, and,
we understand, the patient is likely to do well.
HIGHWAY ROBBERY - On Thursday, the 22nd inst., JOHN PEARCE, a miner, of St. Blazey, was charged before C.B.G. SAWLE, Esq., at
Bodmin, with highway robbery, attended with violence, on the person of Joshua DAWE, on the 17th instant. Mr. Dawe, who is a farmer
of the neighbourhood, had been drinking with the prisoner at Holmbush, and on his way home, between ten and eleven o'clock at night,
on the high road between St. Blazey and St. Austell, the prisoner overtook him, knocked him down, and robbed him of a sovereign, two
half sovereigns, and some silver. The prisoner was committed to take his trial for the offence at the next assizes.
ROBBERY - On Sunday night last, some person or persons broke into the cabin of the smack "THETIS," Captain JAMES WHITBURN, which was
lying in Trel..lek creek, in the Truro river, and stole a gun, a bag of shot, a canister of powder, and a pound of tea. There was
only one man on board at the time.
ROBBERY - A young man called WM. ROSEVEAR, of St. Austell, was taken into custody at Camelford, on Wednesday, and conveyed to Bodmin,
on a charge of having stolen a watch from MR. RICHARDS, of Bodmin.
TRURO POLICE - On Saturday last, JAMES HOCKEN, a blind boy, was committed to the House of Correction for one month, for stealing
carrots from a field belonging to MR. J. REYNALDS. On Monday last, ELIZA GORDON was charged with breaking five panes of glass, value
20s., in the shop window of MR. RICHARD BARRETT, London House. The offence was committed On Saturday night, in the most wanton manner
by the prisoner, who said she wanted to go to gaol in order to be well provided for. She is said to be an old Scotch woman, of bad
character, between seventy and eighty years of age, and has been sent to prison nine times before for different offences. For the
present offence she was committed to the House of Correction for two calendar months, with hard labour.
IMPOSTOR COMMITTED - An impudent young vagrant, who stated his name to be JOHN WILLIAMS, of Bristol, with a brief, representing
serious losses, was on Monday taken into custody by the Camelford police, and committed to the tread wheel for a month, by the Rev.
S. CHILCOTT.
CORONERS' INQUESTS - The following inquests have been held before JOHN CARLYON, Esq., coroner, since our last report:
On Friday last, at Portscatha, in the parish of Gerrans, on the body of ELIZABETH JAMES, aged 54 years, the wife of a respectable
superannuated boatman of that place. The deceased, for some weeks previous to the 18th September last, had been observed to labour
under a great degree of mental anxiety and despondency, but no cause could be assigned for it, as she lived happily with her husband,
and they appeared to have every comfort about them. On the morning of that day, however, her niece, on entering the house, was horror
struck at seeing her lying of the floor with her throat dreadfully cut, and a razor lying by her side. An alarm was immediately made,
and some persons having entered the house, placed her in a chair, and carried her up to bed, where she lingered in a hopeless state
until Thursday last, when death terminated her existence. Subsequental to the committal of the rash act, she acknowledged that she
had done it with her own hand, in a moment of weakness, which she could not get the better of. Verdict, that the deceased committed
self destruction by cutting her throat with a razor, whilst labouring under a temporary fit of insanity.
The same day, Mr. Carlyon held another inquest, in St. Gluvias parish, on the body of MICHAEL BAWDEN, aged 21 years. The deceased was a
granite cutter; and on Monday last, he and two others, named GEORGE TRIPP and PEARCE PENHALURICK, after they had bored a hole for
blasting in a rock of granite, and charged it with about three and a half pounds of powder, tamped it up, and set fire to the safety
fuse; but by some means or other the charge did not go off. Tripp then began to pick out the tamping, and after he picked out five
or six inches of it, he desired the deceased and Penhalurick to pick out the remainder, whilst he went for some more powder. Instead
of doing so, however, they attempted to bore it out, which is a more expeditious but a far more dangerous proceeding; and whilst thus
employed, the charge exploded. Other parties, who were working near, on hearing the explosion, immediately ran to the spot, where they
found the deceased and Penhalurick lying on the ground, apparently dead, and with all their clothes on fire. The fire was extinguished
as soon as possible, and shortly afterwards they both revived a little, and were taken to their respective homes, where they were treated
by some medical gentlemen from Penryn; but the deceased died from the injuries he received on Thursday evening. Verdict, accidental
death. Penhalurick is likely to recover; but it is feared that he will lose the sight of both his eyes.
On Monday last, an inquest was held by W. HICHENS, Esq., coroner, at Tyack's Hotel, Camborne, on view of the body of WILLIAM HOLMAN, aged
23 years, who was found dead on Beacon-Hill, on Sunday morning. It appears that on Saturday, several miners residing at Camborne,
proceeded to Camborne Beacon, a short distance from the town, for the purpose of visiting an old comrade, who had recently become the
landlord of the Pendarves Arms Inn there. On their way home between ten and eleven o'clock at night, somewhat the worse for what they
had partaken of at the Inn, they met a party of miners from Beacon and its neighbourhood, in a similar state to themselves - in fact,
inebriated. After some altercation, it appears that a scuffle ensued between several fo both parties, when William Holman lost his
life, from a blow on the head, having been knocked down in the affray, and left by his comrades in the road, as they considered [him] drunk.
One of the party called at the house of the deceased's brother, who went in search of him, and discovered the body a short distance from
MR. G. SMITH's gate, at Trevu, with the skull severely fractured. The jury sat from eleven o'clock in the morning till seven in the
evening, when they adjourned for a fortnight, in order to obtain more evidence; and several men who were in custody were discharged.
An inquest was held, last week, on board the "PROSPERPINE," in Hamoaze, before Captain TOBY, R.M., the worshipful the mayor of Saltash,
on the body of a sailor boy named ISAAC BARTHOLOMEW, of the "LINNET" packet, which was picked up, on Sunday week, on the eastern shore
of the harbour above Wilcove. The deceased was missed from his ship on Friday, the 16th inst. It is supposed that he went to the stage
to draw water and fell overboard. Verdict, found drowned.
[In the following cases, JAMES MOYLE appeared in each as 'the approver'. Evidently, this meant he agreed to testify
against all the defendants fully and honestly, in return for which testimony he either was not charged with a crime,
or his sentence was greatly reduced. A modern equivalent would be "a jail-house snitch", or someone who turned "Queen's or State's
evidence." One online source showed "a liar" as the sole definition, however! jm]
30 OCTOBER 1845 QUARTER SESSIONS
ROBBERY OF BRASS FROM WHEAL UNITY WOOD MINE - WILLIAM PRINCE, 18, and JOSEPH PRINCE, 16, were indicted for
stealing, on the 24th of July, from Wheal Unity Wood mine, in the parish of Kenwyn, a brass air pump bucket,
the property of JOSEPH MICHELL, merchant, and others. Mr. SMITH and MR. SHILSON appeared for the prosecution;
the prisoners were undefended.
- JOEL HIGGINS, captain of Wheal Unity Wood mine, testifed he had seen the bucket the day before. The engine-
house is always locked, and the key placed in the counting house. HUGH DOBLE keeps watch on the mine, and in
consequence of information from him, when I was at North Downs, [I went to East Downs and found the door of the
engine-house broken, and the bucket missing. Gave information to MR. WILLIAM WILLIAMS, the magistrate, and on
Tuesday went to Redruth, and knocked at the door of a man called MOYLE. On entering, saw Mr. LANYON, the
constable, and MR. TREGONNING, policeman. The latter was in the chimney, and told me he was searching for the
brass. He threw down a few stones, then pieces of brass; the second piece I knew to be part of the brass air pump
basket from the mine; he threw down over 100 pieces of brass. I have fitted them together; they form the basket.]
The basket was the property of Mr. JOSEPH MICHELL, Mr. T. SIMMONS, MR. H. SIMS, Mr. JOHN WILLIAMS, jun., and brothers,
and other adventurers of the mine. I have been captain of the mine nearly thirteen years, and have known these
parties act as adventurers.
- JOHN CHARLES LANYON, constable of Redruth, deposed that on the 11th of August, from information he reeived, he went
to JAMES MOYLE's house at Redruth, saw Moyle's wife, and afterwards went to a storehouse on the opposite side of the
road belonging to Moyle. Policeman TREGONNING went up the chimney, and in about five minutes threw down between one
and two hundred pieces of brass, weight 644 lbs. Captain Higgins came in during the search.
- WILLIAM BOWDEN, constable of Redruth, apprehended WILLIAM ORINCE on the 12th of August, under Poldice fire-stamps.
On taking him from St. Day to Unity Wood mine, prisoner, without any inducement, said he would tell the truth. After
being cautioned by the constable, he said "I and my brother took the bucket from the engine-house and rolled it to a
tree opposite Mr. Williams's gate. We left it there and went into Redruth for Moyle and Hooper; they brought out the
donkey-cart, and helped us to load it and carry it to Redruth. I received GBP5, two 50s. for it.
- JONATHAN BAWDEN, constable of St. Day, said he had the prisoners in charge for a short time at Wheal Unity mine. While
in his custody, without any inducement or promises, and after his cautioning them, WILLIAM PRINCE said he received seven
sovereigns for the brass, and not GBP 5 as MOYLE had stated. JOSEPH PRINCE (the other prisoner) interrupted him, saying
he was a hired servant, and had received a sovereign. The constable then stated the rest of the prisoner's confession,
which was similar to that made by the last witness. In addition, Joseph Prince said he took the lock from the door with
his hand, and used a board nail, which he found by the side of the door. They were very free in talking about the robbery;
they said they had heard that MOYLE had confessed, and they would tell the whole truth.
- JAMES MOYLE, the man who purchased the brass of the prisoners, and who was admitted as an approver in the case, was
next examined. He said - I live at Redruth, and have been a dealer in marine stores. JOHN HOOPER had a store-room by the
side of the mine. The prisoners came to me one evening, and said they had a piece of metal to sell, which they had
found dropped off a waggon. They asked if I would buy it, and said it was about 600 lbs. weight. I said I could not take it,
as I had nothing that would carry it. Hooper, who was standing close by me, said he would have it, and go after it at once.
I and the prisoners then went on the road from Redruth towards Truro, and about a mile on, John Hooper overtook us with a
cart. We all got into the cart, but about a mile further on, Hooper and I said to the prisoners that they had better get out,
and go on before, otherwise the metal might be carried away if left in the road. [They found the metal, loaded it into the
cart, and made their way back to town.] I cannot exactly tell the weight of the brass, but we paid WILLIAM ORINCE GBP 5 for
it the next morning, and he had GBP 2 before. I had had a great quantity of brass of him before at different times. After
the prisoners left, we lighted a fire under the brass to break it easier, and afterwards broke it in pieces. it was first in
the kitchen, but there being inquiries about it in the country, I looked for a place to put it, and found an old oven place
in the chimney, where Hooper handed it up to me.
- CHARLES TREGONNING, policeman of Redruth, said I went with a search warrant to Moyle's store-room on the 8th of AUgust, but
did not then find any stolen property. I went again on the 11th of August with constable LANYON; I got up the chimney, and
threw down a great quantity of stones. [Discovered the hiding place, found hundreds of pieces of brass, and handed them to
MR. LANYON.]
- JOEL BLAMEY - said on the 24th of July, he went over the tramroad opposite the engine-house at Wheal Unity Wood mine.
There were some tar-barrels burning in Mr. WILLIAMS'S lawn; when he got inside the hedge, he saw the two prisoners lying down
amongst some ferns. He inquired what they were doing there, and they said waiting for a boy named BENNETTS.
Captain Higgins was then recalled to identify some portions of the brass produced by the constables, as having been found in Moyle's
store-room; and constable Lanyon, being re-called, deposed that William Prince made the following confession when brought before the
magistrates "I am very sorry for it; it is the first thing I have ever done; I will never do such a thing any more." The
prisoners, on being called for their defence, declared they were innocent. The Chairman then summed up, and the jury found the
prisoners GUILTY, saying they only wished that Moyle could have been placed at the bar with them. Both prisoners were sentenced
to Twelve Month's Hard Labour.
HENRY CARBIS, 38, was indicted for stealing, on the 23rd of May last, at Wheal Unity Wood mine, in the parish of Kenwyn, twelve
parallel motions, and a quantity of brass, the property of JOSEPH MITCHELL, merchant, and others. Mr. SMITH and MR. SHILSON
conducted the prosecution; Mr. STOKES and MR. BENNALLACK appeared for the prisoner. The receiver of the stolen property (as in
the last case) was JAMES MOYLE of Redruth; and Mr. SMITH in his opening address to the jury, said he fully concurred with them
as to the desirableness of placing Moyle at the bar as a prisoner; but under the circumstances of the case, he could assure them
it had been found quite necessary for the ends of justice, to bring him forward as a witness.
The circumstances of the case were as follows: Saturday, the 23rd of May last, was pay-day at Wheal Unity Wood mine, and in the
evening, about nine o'clock, the mine watchman, HUGH DOBLE, was going his rounds, when he heard a noise like the sound of a hammer
in the direction of the engine house. He went towards the house, and when about one hundred yards distant he saw a man within eight or
nine feet of the outside of the building, stooping down. He made off before the watchman could come up to him, and the latter, on
going to the place, found a hammer and two brasses, which he carried to the counting house. There were two other brasses, the watchman
said, of the same description, which worked in the same place; they were affixed to the wooden hob outside, and he had seen them
there three days before the robbery.
- CAPT. JOEL HIGGINS stated he went to the engine house at Wheal Unity Wood mine on the 25th of May, and
missed several of the brasses of the engine, from fourteen to sixteen of different sizes and shapes. About
twelve were parallel motion brasses; one was attached to the inside part of the engine and four outside;
one of the brasses was on top of the sweep rod, and there were others belonging to the house water bob.
There was a small hole in the back part of the engine house, which had been used when the water was conducted
from the cistern, and the captain observed in the morning that this hole had been made large enough to admit
the body of a man. The watchman had given him two brasses and a hammer, which he [watchman] had picked up.
The hammer did not belong to the mine.
CROSS-EXAMINED: The engine inside was walled in, the cylinder being fixed into the bottom of the engine house,
and there was a hole in the wall for a beam connected with the engine. The brasses stolen from the inside
were firmly fixed to the engine by gibs and cutters; and those were also fixed that were on the top of the
sweep rod. The brasses stolen from the outside were fixed to the house water lift, which was attached to the
engine by a rod, connected by one bob to another.
After this evidence, Mr. STOKES objected to the indictment, which was for common larceny and not for ripping
and stealing articles affixed to a building. Mr. SMITH replied that while the inside brass might be considered
affixed to the building, those on the outside were only attached to the engine. The Chairman decided the
objection was fatal to the indictment, and directed the jury to return a verdict of NOT GUILTY. A new
indictment was then immediately prepared under the special statute, and sent up to the grand jury, who,
fortunately for the prosecutors, had not at this time quite finished their duties.
ROBBERIES AT THE CONSOLIDATED MINES - JOHN ALLEN, 22, was indicted for stealing from the Consolidated Mines,
in the parish of Gwennap, a copper bolt, two parallel brasses, and a quantity of brass, the property of HENRY
PRYNN ANDREW, and others. Mr. SMITH and Mr. SHILSON appeared for the prosecution; Mr. STOKES, Mr. BENNALLACK,
and Mr. HERRING, for the prisoner. Mr. Smith, after shortly stating the facts of the case, called;
- JOHN HENRY ANTHONY, who deposed - I am a working engineer at the fitting up shop of the Consolidated Mines.
The prisoner is a blacksmith,living at Carharrack, and I also lived there. I was in the habit of attending
an evening school in the beginning of last winter; I went to ALLEN's blacksmith's shop one evening, and he asked
me to blow. I did so, and he then asked me if I worked at an engineer's shop, and I told him I did. He then
asked me if I could get a bit of pan brass to make brazing, and I told him I did not know. He then asked me if
there was any brass in the shop where I worked? I told him there was plenty, and he asked me if I could bring
home a bit for him to sell, for he could get a person who would buy some. I told him I did not like to. He
then said it would be the cause of putting some money in my pocket if I would let him have some, and it would
never be found out. It was then dark and rained, and he told me how he had carried it on in tines past. [Witness
had the key; prisoner got a sack, they went to the shop, went up stairs, and picked up brass pieces lying about
the shop till prisoner said they had enough. They left together. He told me that in a few days' time he would
break up the brass, and carry it to a shop in Penryn. A few days later, witness saw the prisoner; they stole a
pony out of a field, loaded the bags of brass on it, and went to Penryn. Prisoner put the pony into the backlet
belonging to GEORGE MALLET, the landlord, then gave witness a shilling to go to the public house. Prisoner came
there in half-an-hour, said he had sold the brass, and give witness a sovereign, saying it was half the money he
had made. They saw each other frequently, and in about a month returned to the shop to burglarize it once again.]
Three of four days after he carried it to Penryn; I believe I went with him, and received 15s. About a month
afterwards we went again to the shop, unlocked the door, and picked up some fine brass from under the beds of the
lathes, chippings of brass. We had the sack, as before, to take it away, and on going home, near Harvey's shaft,
we found a horse. This was in the night; he took the horse, and put the brass on its back. I went with him as
far as Pullow, when he told me to go back; he then went on with the brass to Penryn, and afterwards gave me 18s. or
19s. for my trouble. I recollect a person called GEORGE POLLARD coming to work at the fitting house two or three
weeks before I was examined before the magistrates. He worked in the shop one week by night, and another week by
day. [Saw the prisoner one night, when he asked witness to go to the shop together. Witness told him a man was
working that night, but that he would later gather some brass, and leave it on the downs.] I carried it out in
the belly of my shirt, and put some in the leat on the downs, and some on the grass. This was on the premises of
the mine.
Mr. STOKES here interposed, and desired that Mr. SHILSON should select one of the felonies already mentioned, and proceed
upon the trial of that, without proceeding to others, as that course had a tendencey to prejudice the jury. Mr. SHILSON
replied he was only endeavouring to shew the system of plundering that had been carried on.
The examination of the witness ANTHONY then proceeded: After the brass was placed in the stream and on the grass,
ALLEN came for it. He carried it away. He told me to carry two brass valves down Squire's lane, and throw them into
Mr. MORCOM's field, which I did. I afterwards saw him at his shop, when he gave me 17s., saying that was what he had
received for the brass; the person to whom he had sold it had not money enough to pay him all. This was the last time
he came for brass, and the next week or week after I went before the magistrates. Thirty-six pieces were produced before
the magistrates, which I knew to be those that ALLAN had carried away the last time, and I believe the two valves were
among the other pieces.
CROSS-EXMAINED: ALLEN split upon me first, and then I turned round and told the truth. The two valves and one of the brasses
I put in the grass near the stream. Mr. HOCKIN, the engineer, is my uncle, but I do not know that this is the reason I am
here as a witness instead of a prisoner.
- AMBROSE ROGERS, constable of Penryn, stated that on the 29th of July he saw the prisoner about nine o'clock in the evening
with a bag on his shoulder, which appeared to contain a heavy load. He followed him to MR. COCK's, the tinman, and went to Mr.
Cock's the next day, and took two pieces of brass from under the counter. These he carried to MR. PAUL WILLIAMS, the
magistrate, and then returned them to Mr. COCK.
CROSS-EXAMINED: There were perhaps one hundred pieces under the counter. Mr. Cock told me the pieces of brass he bought
of the man last night were under the counter, and I might take what I liked.
- ABRAHAM COCK, a brazier and plumber, at Penryn, said he had been in the habit of purchasing old metal. He had known
prisoner about eight months, and he had been in the habit of coming to witness's shop selling metal, being principally
lump metal, coarse brass castings. Witness was before the magistrate, Mr. Williams, and recollected that the Tuesday
evening before, the prisoner brought to his shop about eighty pounds of old brass in a bag. On Wednesday evening, he brought
eighty-one pounds, and witness purchased what he brought, but did not pay him the whole of the second lot; he paid him 10s.
on account, the price he was to give for it being GBP 1.10s.4d. To the best of his recollection, he had purchased of the
prisoner at twelve different times. On Cross-examination, the witness stated that he knew the two pieces of brass taken
by the constable to be among those brought by the prisoner.
- JOHN DOWNING, constable of Gwennap, deposed to his being at Penryn on the 1st of August, having a warrant to execute against
Anthony. Witness went to Mr Cock's shop, who directed him to take pieces from a tin pan at the end of the counter. The pieces
of brass were then produced in Court, and Capt. DAVEY, JOHN HOLMAN, and JAMES DOWER, working engineers at Consols mines, were
called to identify some of the pieces.
- HENRY MORCOM, a constable of Gwennap, deposed that when he took the prisoner Allen to Scorrier House before the magistrates,
he afterwards returned with him to St. Day, and at JOSEPH GRENFELL's public house at St. Day, the prisoner, without any inducement,
said that Anthony had put the brass by by day, and that he (prisoner) came for it by night; he held the bag, and Anthony put it
in. This witness was cross-examined at great length, in the attempt to show that prisoner had been drinking before he made this
confession.
- Captain DAVEY being re-called, proved the adventurers to be HENRY PRYNN ANDREW, STEPHEN DAVEY, RICHARD DAVEY, and others.
Mr. sTOKES then addressed the Court, contending that the prisoner was entitled to an acquittal, because he had been indicted for
stealing instead of receiving, whereas it was the lad Anthony who stole the brass for which the indictment was laid. Again, the
thirty-six pieces, when deposited by Anthony in stream and grass, were taken from the custody of the adventurers and consequently
when taken away by Allen, they could not be stolen from the adventurers, as not being under their protection. Mr. SMITH observed
that the witness Anthony, in his evidence, said the stream and grass where the brass was deposited, were within the limits of the
Consols mine. Mr. Stokes replied that the surface rights had nothing to do with the adventurers. The Chairman decided against
Mr. Stokes, who then proceeded to address the jury, urging upon them the same points as before; he also remarked upon the imperfect
identity of the pieces produced, and the fact that the particular day was not stated in which they were stolen. He then called
JAMES BILKING and THOMAS TRENGOVE, of Gwennap, who both spoke favourably of the prisoner's prevcious character. The Chairman, in
his course of summing up, remarked that those persons who bought so readily were greatly instrumental in exciting the commission
of such thefts as that now before them. The jury found the prisoner GUILTY. Twelve Months' hard labour.
JOHN MORCOM, 22, was indicted for stealing from the Consolidated mines, in the parish of Gwennap, a brass half-hundred weight, the
property of HENRY PRYNN ANDREW and others. MR. SMITH and SILSON for the prosecution, and MR. sTOKES for the defence. JAMES MOYLE
(who had been admitted the approver in this case also,) said the prisoner came to him in August last, bringing about five pounds of
brass with him; he said he had some more, and should not leave the place until witness went for it. Hooper and witness went together
with a cart, and when they came tithin a short distance of prisoner's house they alighted, and on coming to prisoner's grden hedge,
he brought out the brass half-hundred weight in his hand. It was put into the cart, and witness and Hooper took it to Redruth. They
had no money with them to pay prisoner, but he came to Redruth next morning, and Hooper handed him 13s.6d. or 14s., for the half-hundred
weight, the price given being 4 1/2 d. per pound. On the Thursday following prisoner came in to ask if the weight was put away, as
there was no disturbance in the country about the brass that was gone; witness had before that put it in the chimney. MOYLE CROSS-
EXAMINED by MR. STOKES. I live in Redruth, and am a stonemason by trade, but since I have been hurted, I have been dealing in rags,
bones, and old metal. The constable took me into custody about the brass, and kept me, I think, a fortnight; I supposed I was let off
in order to come and give evidence here. Hooper is not here, and I don't know where he is; he was not a partner of mine, I never
bought any thing with him except a few little pieces of old metal.
MR. sTOKES - What countryman are you Moyle?
MOYLE - I originally belonged to Wendron.
M. STOKES - Are you a Jew or a Christian?
MOYLE - I don't hardly think I'm a Jew, I think I'm just like other poor "creturs" be. (laughter)
- CAPTAIN THOMAS MANUEL, one of the agents of the Consolidated Mines,deposed to the tool-house having been broken open between the 21st
and 25th of July, and the brass weight stolen. He identified that now produced by the adventurers' nark C.M. and also by other marks.
- JOHN CHARLES LANYON, constable, and CHARLES TREGONNING, policeman, of Redruth, deposed to finding the half-hundred weight up Moyle's
chimney at Redruth, on the 11th of August.
- THOMAS GOLDSWORTHY, an ore-dresser at the Consolidated mines, said he saw the weight in the tool-house on the 21st of July; on the
25th it was gone, the lock of the door being injured. Witness identified the weight produced. Mr. STOKES then addressed the jury,
contending that in this case the receiver of the stolen property, Moyle, had not been corroborated in his testimony by other evidence,
and consequently,his statements as an approver could not be received, as not being entitled to credit. The Chairman, in summing up,
also put this consideration to the jury, and they returned a verdict of NOT GUILTY.
HENRY CARBIS, 38, was indicted for stealing, on the 23rd of May last, at Wheal Unity Wood mine, in the parish of Kenwyn, twelve parallel
motions, and a quantity of brass, the property of JOSEPH MITCHELL, merchant, and others. The prisoner, as before stated, was acquitted
on the first indictment for common larceny only, but the grand jury had since returned a true bill against him on a second indictment,
laid under the special statute for stealing property affixed to any premises or freehold. Against this second indictment, Mr. STOKES, on
behalf of the prisoner, now put in a plea of autrefois acquit, which he supported by referencing a decision in the case Queen v. Mary Ann
Austen, tried at the last Devon assizes, and reported in the LAW TIMES. Mr. SHILSON objected to receiving the Law Times' report as an
authority, and cited, on his side, a case in the LAW JOURNAL. [He then laid out the argument.The Chairman, on looking at the case presented
by Mr. stokes, said that case was not identical with the present. The prisoner there might have been convicted upon the first indictment;
it was only a misnomer; but in the case at present before them, the prisoner could not have been convicted at all upon the first indictment
for common larceny, but only upon the second, he having committed a statutable offence. He therefore decided against Mr. Stokes, but
deferred the further hearing of the case until Friday.
The Grand Jury were discharged this day about one o'clock, with the thanks of the Chairman, on behalf of the county, for their services.
CHARLES HENRY HOTCHSKYS, Esq., of Marhamchurch, qualified as a county magistrate this day.
SECOND COURT - THURSDAY, OCTOBER 22 Before Colman Rashleigh, Esq.
[J]OHN KNIGHT, 22, was charged with having assaulted MARY WILLIAMS, a married owman, at the borough of Penryn, with intent &c There was a
second count for a common assault. The prosecutrix was the wife of HENRY WILLIAMS, a wheelwright, libing at Laity Moor, about two miles
and a half from Penryn. The prisoner was rather a respectable looking young man; but there were some statements made in the course of the
trial, of his being of weak intellect. The assault was alleged to have been committed in the evening of the 17th of September, about ten
o'clock, on the turnpike road from Falmouth to Truro. The evidence was of a conflicting character, particularly with reference to an
allegation that the prosecutrix had expressed her willingness to compromise the matter for money, and that a sovereign was paid to her
husband, in her presence, for that purpose, by prisoner's brother. The jury found a verdict of Acquittal.
MARY ANN HOLMAN, 22, and MARY ANN MINERS, 26, were charged with keeping an ill-governed and disorderly house at George street, in the
parish of Kenwyn. Gulity. Each, four months' hard labour.
MARY PHILLIPPS, the elder, 47, and MARY PHILLIPPS, the younger, her daughter, were convicted of keeping a disorderly house at St. Ives.
The case was one of a very aggravated character, as shewn by the evidence taken. Much of a very disgusting nature was suppressed, the
bench and jury being satisfied that quite enough had been proved, without the necessity of listening to the disgusting details which it
was understood would be spoken to by several witnesses. Sentence, each Nine Months' hard labour.
JOHN GRAY, 18, and THOMAS GRAY, 13, were charged with stealing at the Consolidated Mines, in Gwennap, fifty pounds of copper ore, the
property of HENRY PRYNN ANDREW and others. Mr. HOCKIBN conducted the prosecution; Mr. SHILSON the defence. The prisoners had a tribute
pitch in August, at eleven shillings, in the 200 fathom level. Antoehr tributer, named DAVEY, had a pitch at two shillings tribute, in the
same level as the prisoners, but not in the same lode, and near Taylor's Whim Shaft. The value of the latter ore was about GBP 9 or GBP 10
per ton; while that of the prisoners' pitch did not exceed GBP 3 or GBP 4. The charge against the prisoenrs was that of 'kitting' the
richer ore of their comrades, and secreting it in their pile. The jury found a verdict of Acquittal.
JAMES THOMPSON, of Perranuthnoe, gentleman, ALLAN JOHNSON, ditto, ditto; JEREMIAH DONNALL, labourer, and FRANCIS POWNING, labourer, were
severally indicted for having, on the 23rd of June, committed an assault on one JOHN RICHARDS, the younger. They pleaded Not Guilty, on
which Mr. DARKE said he was instructed on the part of the prosecution, to say that no evidence would be offered. The Chairman directed a
verdict of Acquittal. The defendants had been indicted for a riot in taking possession of a mine in the parish of Perranuthnoe, which was
the subject matter of some civil proceedings at the last Assises; in consequence of that being settled, no evidence was not offered.
FRIDAY, OCTOBER 23, Before J. K. LETHBRIDGE, Esq.
HENRY CARBIS, 38, was charged with stealing on Saturday, the 23rd of May last, twelve parallel motion brasses, the property of Joseph Michell
and others, at Wheal Unity Wood mine, in the parish of Gwennap. This case was adjourned on Thursday evening till this morning.
- HUGH DOBLE, watchman at the mine, stated that in the evening of the 23rd of May, about nine o'clock, when going on his rounds and about
one hundred yards from the engine-house, he saw a man in a stooping position near the engine-house. The man made off; and witness going to
the spot found two brasses and a hammer on the ground, where the man had been stooping. Did not know who that man was. Carried the brasses
and hammer to the count house, and delivered them to SARAH NICHOLLS, the count house woman. Had seen the brasses in their places on the
preceding Thursday morning, connected with the engine-bob, outside.
- JOHN MICHELL, a miner at Consols. (This witness was an approver.) On Wheal Unity pay day, the 23rd of May last, prisoner came to him in
Chapel Street, St. Day, and asked him to go with him; he said he was going as far as Wood. Witness went with him as far as the tram road
near the mine, and there stopped. Prisoner went away from him, and witness lost sight of him; he went around the engine-house of Wheal
Unity Wood mine, and came back to witness in about an hour, carrying four or five brasses. Witness asked him where he had them, and he
said "over there from the whim engine." Witness said "If I had known you were going to do that, I would not have come with you." Prisoner
said he had seen a man. Witness said "If you have seen a man that knows you, I shall be in for it as well as you." Prisoner said "the man was
too far off, and did not know him." Prisoner also said that he had left a hammer behind him. Witness said "if you have left a hammer behind
you, you will be sure to be discovered some time or other." Witness then went home; and next saw prisoner in about a fortnight after that.
He came to witness and asked him to go with him to sell the brasses. Witness felt that he was in a scrape, and did not know whether to go
or stay back. Witness did at last go with him as far as the Eastern Turnpike Gate, near Redruth, where they saw MOYLE, to whom they gave the
brasses. Prisoner was the person who carried the brasses, and handed them to Moyle. He called them 18 lbs., and Moyle said he thought it was
about that. Witness saw Moyle give money to prisoner; and received 1s.6d. from prisoner. This was about eight o'clock in the evening.
CROSS-EXAMINED: Witness went with the prisoenr from St. Day to the mine merely for a walk. Might himself have carried the brasses a small
trifle. Went to Redruth with prisoner, because he (witness) was got into a scrape, and did not know how to get out of it. Prisoner carried
the brasses to Moyle's. He gave witness 1s.6d. for going with him. Witness saw old Moyle pay Carbis for the brass. Witness was before the
magistrates from day to day, for three days, at Wh. Unity Wood. Did not make his confession until the Friday week after the Thursday when he
was taken into custody. Confessed, because he was taken up for a thing of which he was quite innocent. No one asked him to confess, or told
him he should be let off, if he told all he knew about the business. When he took it into his head to confess, he did so. Could not tell how
it came into his head; how did things come into people's heads?
- JAMES MOYLE, lived at Redruth, and was a dealer in marine stores. On a Friday evening, about a week off or on of Whitsuntide, witness left
his house and went towards the eastern turnpike gate at Redruth. It was after sunset that Carbis and Michell, who turned off from the turnpike
road into a little parish road, came into a field to witness. They said they had some brass, and took it out of their pockets. They handed it to
witness, and said it was 18 lbs. Should think it was in about ten pieces. Witness took the pieces, and gave half a crown to Carbis, and half a
crown and a shilling to Michell. they said they could right it about the shilling. They said that the brass came from some old works, and they
did not expect they should have any more for some time, that they were disturbed and had left a hammer behind them, and two pieces of brass.
They said they had not expected to find any one watching the premises on a Saturday evening. Witness took the brass to his own house, and found it
weighed 18 lbs. He then took it to ANEAR's, and sold it. Had not seen it since.
CROSS EXAMINED: Was taken into custody about this affair. Did not tell what he knew until the brass was found at Anear's; then he owned the
brass directly. Was kept in custody until he told where he had it from. As soon as he did that he was let go. Could not have sworn whether,
when the brass was brought to him, it was taken out of the pockets of both Carbis and Michell, or only one of them.
RE-EXAMINED: When he spoke of brass found at Anear's, he did not mean that which witness had bought of prisoner and Michell. That brass had
not been found, he believed.
- SARAH NICHOLLS, count-house woman, proved that on the 23rd of May she received of HUGH DOBLE, the watchman, a hammer and two brasses which
she kept until the Monday, and then delivered them to Captain HIGGINS.
- JOEL HIGGINS, captain at Wheal Unity Wood mine, on the 23rd of May, received of the last two witnesses, two brasses and a hammer. The brasses
he had had in his possession ever since; the hammer he gave to JAMES UREN. Had examined the engine-house of the mine, and discovered that the
parallel brasses were gone. There were fourteen or sixteen brasses missing. Those two given him by Sarah Nicholls had been removed from the
back part of the engine; compared them with the place, and they fitted exactly. The door of the engine-house was fastened as he had left it;
but there was a hole in the wall large enough for a man to get in. On the Thursday ebening before the robbery, had seen the brasses in their
proper places, connected with the engine, the same as when the engine ceased working.
CROSS-EXAMINED: The engine had ceased working about three years. Did not know whether the engine house was considered the property of the
aventurers or of the lords. The engine could not be moved, out of the house, without taking down some part of the house.
RE-EXMAINED: While the mine was working, the engine was the property of the adventurers. Did not profess to know whose property the engine
was, after the mine had ceased working. The mine was now working.
By MR. sTOKES - The engine house is situated about a quarter of a mile from teh count-house, just in the centre of the mine; it is in the parish
of Kenwyn.
- JAMES UREN was then called. He proved that he had received a hammer from Capt. Higgins, which he gave to Mr. Morcom, constable.
- WILLIAM MORCOM produced the hammenr which he had received from last witness.
Mr. STOKES then addressed the jury for the defence. The case being one which, as Mr. Shilson said, rested mainly on the evidence of two
accomplices, he contended that their testimony had not received that corroboration which, in fact, the law insists on. He urged that the watchman,
Doble, could not venture to describe the person whom he saw, on the 23rd May, stooping down near the engine house, where he afterwards found
the hammer and two pieces of brass. Mr. Stokes then pointed out improbabilities and contradictions in the evidence of the witnesses Moyle and
Michell, such as, he contended, should lead the jury to reject their evidence altogether, particularly considering what were their characters.
The act was also dwelt on, that the pieces of brass received by Moyle had not been produced, and could not be identified in any way. The only
pieces produced were those found by the watchman, and which were not removed from the mine. But the prisoner was indicted for stealing, and
not for ripping off with intent to steal; and, indeed, none of the evidence applied to the two pieces found on the mine. Then again, the
hammer found by the watchman was not shown to have belonged to Carbis. The jury returned a verdict of Acquittal.
ANN KINSMAN, 40, and ELIZABETH ANDREWARTHA, 27, were charged with feloniously receiving a brass clack seat, knowing it to have been stolen by JOHN KINSMAN or by some other evil-disposed person. Mr. SHILSON conducted the prosecution; Mr. BENNALLACK defended the prisoner Kinsman.
- JAMES NANCARROW, captain of Wheal Jewel mine, in Gwennap, missed from that mine, about the 27th of July, a brass clack seat, which had been
usually kept in the pitman's house. That house was always kept locked. Saw the seat again about 12th August, at Redruth, in the possession of
the constable NICHOLLS. Recognised it by a piece of copper let into the top of the seat. The seat was broken into, perhaps, one hundred pieces
which the witness fitted together, and formed the principal part of the clack seat. The seat was the property of the adventurers of Wheal
Jewel.
- JOHN MARTIN, pitman at Wheal Jewel, had the care of the pitman's house in which the materials were kept. [testified much the same as previous
witness.] He got the pattern from which the clack seat had been cast, and found the pieces corresponded exactly.
- WILLIAM NICHOLLS, constable of Redruth, on the 8th of August, searched the house of RICHARD ANEAR, dealer in old materials at Redruth, and
found some peices of brass there, among pieces of iron and rags. The rags seemed to be bagged up, fit to be sent off. (Witness produced a
number of pieces of brass which he had found at Anear's. They were put together by the pitman, and nearly formed a clack seat.)
- WALTER MORCOM, assistant engineer at Wheal Jewel, identified a piece of brass, by some copper which he had led into a hole worn by the
corroding nature of the water in the mine.
- JOHN PENBERTHY, constable at Redruth, on the 19th of August, apprehended the prisoner Andrewartha. On the following day, she told him that she
would not bear the burden of other parties - that the brass was brought to her by the elder Kinsman, whose son John had stolen the brass from the
pitman's house at Wheal Jewel, and that Kinsman and her daughter persuaded her to go with them to JAMES MOYLE's. She also said that they sold the
brass, and that she, Andrewartha, received the money and gave it to the older prisoner.
- JAMES MOYLE stated that the two prisoners came in to him at Redruth one evening. Andrewartha, alone, had spoken to him in the early part of the
day, telling him that she had about half a cwt., of metal to sell. He told her the could not take it then; he must go to "the Bank" for money.
By "the bank" he meant Anear's, the man who used to take the metal. In the evening, Andrewartha came to his dwelling-house, and afterwards he saw both prisoners at the store-house. They brought some brass for sale, including that now produced. It was weighed, and witness paid 14s. for it to
Kinsman, saying "I suppose it is no difference to which I give the money; I suppose it is between you." When the brass was brought to him, it was
all in one piece. He left it in the storeroom for three days; and then, having told Anear of what he had, carried it to Anear's house. Whilst
witness had it in his possession, he took particular notice of a small notch in the side, and by that, he was enabled to swear to it.
CROSS-EXAMINED: Believes it was mentioned that if he would come here to give evidence he was to be a freed man.
Mr. BENNALLACK, for the prisoner Kinsman, urged upon the jury that there was no evidence at all against her, except the uncorroborated testimony of
the approver, Moyle. Verdict, GUILTY of selling a brass clack seat, stolen by some evil-disposed person. Each, Two Months' hard labour.
A PAINFUL CASE - WILLIAM LAWRY, 29, was brought up, having been committed on the 5th of February last, and remanded at the last sessions, for want of sureties in a breach of the peace towards his sister, BETSEY LAWRY, of Kea. In answer to inquiries from the bench, the governor of the gaol said the prisoner was certainly easily excited, but generally speaking, his behaviour was very peaceable indeed. He had spoken about the prisoner to the visiting committee, who seemed to consider the man was suffering great hardship, as his conduct was generally peaceable and orderly. The governor did not think him insane. The prisoner's sister appeared in court, and stated that she had heard that her brother was not any better since he had been in gaol; and if this were true, neither she nor his mother could live with him. They had no particular quarrel with him; but when at home, he would beat them about with the stool, and they had reason to fear he would kill them. The question was put to the sister "Do you mean to keep your brother in gaol for life?" She replied "Yes, if he is not better; he says he will either cut our throats, or throw us down a shaft. I can see by his looks
now, that he is no better." The Chairman asked the prisoner if he was prepared with sureties to keep the peace towards his sister. Prisoner replied
"No." The Chairman said it certainly appeared to be a hard case; it amounted almost to perpetual imprisonment; he must, however, be remanded. The prisoner was then taken back again for imprisonment.
THE HELFORD OYSTERAGE AGAIN - SAMUEL SOUTHGATE, 39, JAMES PEACHY, 23, and RICHARD ROWE, 25, were indicted for assaulting and beating ANN WILLIAMS. Mr. MOORMAN for the prosecution; Mr. Shilson and Mr. Smith, the defence. The prosecutrix lived at Constantine, and was the daughter of EDWARD WILLIAMS. The defendants were the servants of MR. TYACKE, of Merthen, in Constantine, adjoining the Helford river. The assault complained of arose, it will be seen from the evidence, from the resistance which has been made to Mr. Tyacke's asserted claim to the exclusive right to the fishery of Helford river, as lessee under the Duke of Leeds and Sir RICHARD VYVYAN. The first witness called was
- ANN WILLIAMS, the prosecutrix. She stated she was the daughter of Edward Williams, of Constantine, and lived with him near the Helford river.
As long as she could remember the public had been in the habit of picking shell fish on the beaches of that river. Had done so herself.
The Chairman here observed that this court was not a court for trying a question of right; and more than once, afterwards, expressed the regret of the
bench that such a case should have been brought before the court, when it was known that the question of the right to the Oysterage was to be tried
at the next assizes.
The witness proceeded - She remembered going on Trevedo Beach, on the 25th of May last, with ELIZABETH THOMAS, GRACE TOY,
SARAH BIRD, and MARY RETALLICK. The three first of these were her sisters. They had been on the beach about twenty minutes when the three defendants, with two more of Mr. Tyack's servants, JABEZ WHITLEY and JOSEPH TOY, came to them. Peachy came forward, to witness, and insisted on taking her basket from her. She said he should not have her basket. He then knocked her down with his fist, shook her violently and knelt on her while she lay on the ground. Southgate and Rowe dragged her on the mud, eight or ten yards; she became senseless, and remained so, she supposed, a quarter of an hour. When she came to herself, Sarah Bird, Elizabeth Thomas, and Grace Toy had lifted her up on the end of her basket, to sit. Southgate then came, and drew the basket from under her, and she fell down on the mud again. She was not able to walk home. She was placed in a boat, and taken home. She was bruised a great deal; the marks of Peachy's hands were on her breast and back; and for some time she was very ill. To the present moment, she felt inward pain in her side where Peachy knelt on her. Had felt that ever since. Was in perfect health and never felt anything of the kind before. She waited some time to see if it would wear away, but at last was compelled to go to the doctor. She got her living mostly by picking fish. In harvest time, she tried to work in the field, but was obliged to give it up; she was not able to do it. Before Peachy knocked her down, she did not claim any right to the fish; the first thing he did was to insist on taking her basket.
CROSS-EXAMINED: Was unwell now; was not a married woman. It was between ten and eleven o'clock in the day when she went on the beach. Had come there in a boat with the women she had named, and EDWARD TOY, her brother-in-law. There was also a boy in the boat called RETALLICK. they had all come from her father's house, and were not at any public house that morning. Took no refreshment with them in the boat, but a morsel to eat, and some water in a jar. Had nothing to drink before coming away in the morning but tea for breakfast; was quite sober. When she was knocked down by Southgate, she screeched "Murder!" Toy came out of the boat, but not out of the water. Southgate said to him, if he rendered any assistance, he should be served the same as she was.
THOMAS TRESIDDER, a servant of MR. TYACKE's, had never denied her coming on the beach. Mr. Tyacke's people did not desire her to go away. Did not know whether it was spring tide or not, on the 25th of May; tide was out a good way. Did not know that it damaged the oysters there to walk over the beds at spring tide. Her father was a poor man; he had had two law suits; he was not so poor but he could send for a doctor for her; but they were willing to see first, if she got better. Was on the beach on the 25th of May, but not gathering anything; was out, but not able to work, or only to pick up a fish, here and there. Never pelted the men with mud, nor saw any mud thrown by the other women. Was never denied by any one to go on the beds at spring tide. Did not know where the boy or the other women were when she was being dragged over the beach. Did not call to the boy to bring a glass of something to cheer her spirits. She had a dish of water, and believed the other woman had water also out of the jar. Knew that Mr. Tyacke pretends to have a right to the oyster fishery there. Her father had disputed that claim; and paid the expenses of the two law suits. The other women were badly treated on the day in question. Did not hear Mrs. BIRD give any kind of invitation to Joseph Toy. None of the women were particularly anxious to have a little conversation with WHITLEY. It was about seven weeks ago that she sent for the doctor. Did not consult with the lawyer about sending for a doctor. Had taken medicine of an old woman in Helston, before she went to the harvest field to try to work, and before she applied to the doctor.
RE-EXAMINED: The boy Retallick was very young. Witness did not know the difference between spring and neap tides. The man made no complaint about the oysters before they beat her. In the two lawsuits her father had, he was defending himself against Mr. Tyacke.
- GRACE BIRD lived at Falmouth. Her husband was a sailor, on board a packet. Was at Trevedo mud, in Helford River, on the 25th of May. Witness corroborated the evidence given by the prosecutrix, and added that after she found her sister senseless on the ground, she cried to Peachy "Oh fie!", and he then knocked her into the mud. She also lost her senses. When she recovered, she saw the 3 defendants dragging Ann Williams in the mud. The witness described the subsequent proceedings in nearly the same terms as the prosecutrix, and said also that before the violence was used by the man, she never heard any one of them make any claim to the spot, or order the women to depart. They asked the men why they ill-used them; and they said they were sent by Mr. Tyacke to ill-use them; and if they were not enough to do so, Mr. Tyacke had told them where to get more men.
CROSS-EXAMINED: Had been accustomed to go on the beach from childhood; did not know whether or not it was spring tide on the day in question. Was never denied going there at spring tides; and never heard that any one else was. Had never heard that Mr. Tyacke rents the oyster fishery. The women did not meet by appointment on the morning of the 25th of May; they met accidentally. They carried some bread and butter in the boat, and some water in a glass bottle; there may have been a jar too. If any person called out for spirits to cheer them up, there was none for them. The man insulted them very badly; it was like a field of battle. (Laughter) Witness did not shew fight. Would swear she did not take up a stone, nor throw mud.
- GRACE TOY, wife of Edward Toy, gave evidence of the assault similar to that of the preceding witness. She added that after taking the prosecutrix home, the woman examined her person, and perceived bruises on her arms, wrist, shoulder, and breast. Before the men made the attack, they did not request of the women to go off; they only said their master had sent them to ill-use the women; and if they were not enough to do so to their own liking, their master was up at the Groyne, and would send down more men.
CROSS-EXAMINED: Her husband was in the boat. She screeched for him to render assistance; but Southgate said if any one rendered assistance, he would serve him the same as he was then serving the basket. Her husband DID make at attempt to come towards the women to assist them. When the men had ill-used them, Southgate said "now you may go for the law; but the magistrate who grants you a summons, I'll stomp in the mud as I have you." If Mr. Tyacke was at Groyne, he could see what was doing. Witness did see a gentleman at the Groyne, with a horse. Believed the water the women had in the boat was in a glass bottle; did not see a jar there. There was no drinking of spirits. Her sister, Ann Williams, had been under MR. VIGURS, the surgeon's care, about five weeks. Did not know why Mr. Vigurs was not up here to give evidence. Could not say there was no mud thrown on the 25th of May. After the women were ill-used, there was mud thrown by the women and men too. Ann Williams did not pelt any mud. Witness threw mud; she was knocked down three times by the man Peachy. Elizabeth THOMAS did not come out of the boat till she saw the men ill-using Ann Williams. The cries from the people on the opposite shore were horrid; they cried, "don't kill the poor woman."
- ELIZABETH THOMAS, wife of SAMUEL THOMAS, living at Constantine; she was the daughter of Edward Williams. Mr. Tyacke had
proceeded against her father twice; the first time about five years since; after that, he proceeded against witness and her sister, Retallack, who were
tried and acquitted.
CROSS-EXAMINED: There was a battle on the 12th of May, this year, on Calmansack beach; witness, on that occasion, had no weapon but her hand, and did not strike Southgate. The women did not on the 12th agree to meet again on the 25th. Witness had been denied going on the oyster ground, by JOHN OLD; but never took any denial; some members of her family had been with her when she was denied; Mary Retallick had been present when Tresidder had denied them. Never heard that Mr. Tyacke rents the oyster ground. Never saw any mud pelted on the 25th, by any woman. When the three prisoners had dragged Ann Williams on the beach, they left her lying with her head in the water.
- MARY RETALLICK, wife of JOHN RETALLICK, of Constantine. Her evidence in chief was similar to that of the other witnesses.
CROSS-EXAMINED: Never saw any mud thrown by the women's party. The men's party threw mud. Peachy heaved mud at witness and her child. Had heard that Mr. Tyacke rents Treverdo mud. Had never been punctually denied going there by Mr. Tyacke's men.
MR SHILSON addressed the jury for the defence, and called
- JOHN TYACKE, who was examined by MR. SMITH. He stated that he rents and occupies an estate belonging to SIR RICHARD VYVYAN, called Merthen, on the banks of the Helford river. Sir Richard Vyvyan ... owner of the Royalty. There was an oyster fishery belonging to Sir Richard Vyvyan, known by the name of the higher ground. Witness rents that fishery; has rented it for thirty-one years. The rent for this is several hundred pounds a year; and witness was also at considerable expense for laying and protecting oysters there. The Lower Ground witness rented of the Duke of Leeds. During the thirty years he had occupied the fishery, had met only one instance of interruption on Sir Richard Vyvyan's part. Took every means he could to preserve it from depredation. Had been in the habit of denying, and had told his servants to deny persons from coming on that ground. He had personally denied Ann Williams, and her sisters, from going on the oyster grounds. His servants had also general instructions for that purpose, and particularly at spring tides. Within the last six months a large number of vessels had come in for the purpose of taking oysters from that fishery....about seventy boats..[witness here described his efforts in various courts to defend his right to the property and oysters.] On the 25th, witness gave directions to his servants to tell the persons on the beach to go away. It was spring tides. Those beds are never bare except at spring tides. By walking on the beds, the oysters are pressed down into the mud and suffocated. Did not on that occasion tell his men to go down and ill-use the persons on the beach. Far from it. Southgate was witness's foreman, and was a very steady servant. Could say the same of the other defendants.
CROSS-EXAMINED: Witness's lease extends to the beaches,and he was let all the oysters and floating fish in the river. His right was from low water mark to high water mark. It was in March or April when 500 men came to dredge. He applied to the magistrates, Capt. ROGERS and MR. ENYS; they did not act. Does not know why. Witness applied to the Secretary of State for assistance, and a cutter was send down from Plymouth, Capt. SCHOENBERG commander; he did not stop the dredging before the injunction came down. Could not say that the defendants did not tell the women that he had orderd them to ill-use them.
RE-EXAMINED: Had been in the quiet possession of this property for thirty-one years, undisputed, except once, when the parties were prosecuted, and
convicted in this court before Mr. Justice COLERIDGE.
- THOMAS TRESIDDER, was 64 years old, and parish clerk of Constantine. Had been in Mr. Tyacke's employ twenty-eight years. Was on Calmansack Bar on
the 26th of May, and saw the defendants there, and the five women. (The witness described particulars of a skirmish between the women and men on this
day, and stated that Ann Williams was present on that occasion, and was throwing mud, with other women, at the men). Had denied Ann Williams going on
the mud scores of times before the 25th of May last. Had seen Ann Williams and others, when denied, throw away what they had in their baskets.
CROSS-EXAMINED: Was once before the magistrates and fined for assault. Master paid the penalty.
- JOSEPH TOY, the younger, was in the employ of Mr. Tyacke. On the 25th of March[sic], went with the three defendants and Jabez Whitley to the beach, to protect master's property. Southgate spoke to the women, and desired them to go away. They said they would not go, and that it was their own free ground. Southgate then shook the fish out of their baskets, on the ground. The women then began to throw mud at Southgate and the two other defendants. The men then began to throw mud at them. This lasted for some time. No violence was used to the women by any one. Ann Williams might have been shoved down. Did not see any person take hold of Ann Williams and drag her over the mud. If any person had done it witness must have seen it. Witness remained till the women went away, which was when the tide came up. Heard one of the women tell the boy to bring the jug or bottle or what they had in the boat, that they might have a glass of something. The boy came out of the boat with a jug under his arm; witness did not see them drink. They seemed to be in an uproarous state. Should think they had been drinking before. Ann Williams continued picking mussels, with the other women, till the tide came. Ann Williams was also present the next day, with the women, when they were picking at Calmansack. Witness had frequently denied Ann Williams coming on the ground.
CROSS-EXAMINED: Did not know that Ann Williams threw any mud on the 25th. It was after Ann Williams was on the ground that the women called to have a glass of something. Ann Williams might have asked for a glass of water, being faint. Witness was also to take his trial for assault. If the present defendants were acquitted, did not know that they would be witnesses for him.
- JABEZ WHITLEY, in the employ of Mr. Tyacke, corroborated the evidence of last witness, concerning the circumstances of the 25th of May. Never saw Ann Williams knocked down or dragged on the ground. Did see her on the ground. The women were in pretty good spirits; they were dancing and singing too. (laughter). Witness saw both a bottle and a jar there; they said it was a bottle of liquor they brought with them. They said they had a glass before they came away, and they would have another glass to cheer their spirits. Witness saw them drink out of a glass; was sure it was liquor of some description; it looked red.
CROSS-EXAMINED: Believed he was courting ANN WILLIAMS once. (laughter). They fell out, and she would not have him. Saw her down on the mud. She was pulled down by Southgate; that's the Colonel. (laughter). He was a valiant fellow; but won't at all times fight any woman he meets with. (laughter). It was after Ann Williams was on the ground that they were drinking out of the glass. They were sitting down. They were all the worse for liquor; they could not stand; they were not downright drunk.
RE-EXAMINED: It was after she had been throwing mud at Southgate and Peachy that Ann Williams was thrown down. Witness was at Calmansack on the 26th. Ann Williams was there, and appeared to be as well as she was the day before.
The jury found all three defendants GUILTY. The sentence on each was a fine of 40s. and to be bound his own recognizances, in GBP 20 to keep the peace for twelve calendar months.
SAMUEL SOUTHGATE, JABEZ WHITLEY, and JOSEPH TOY, the younger, were then indicted for assaulting and beating MARY RETALLICK, wife of
JOHN RETALLICK, on the 11th of May. This case went off somewhat singularly. The prosecutrix had been examined in chief, and was under cross-examination, when she said she went before the magistrates at Green Bank, on the subject, and that the magistrates dismissed it, 'in their way' (as the witness said emphatically). She believed the whole of the matter was made up before they came before the bench. She could not say that the magistrates were bribed before she came; but they never did any justice to her. It was made up in some curious manner before it was brought on at Green Bank; and she had no justice done for her ill usage.
Mr. MOORMAN, the advocate for the prosecution, said after this most improper and unfounded observation by the prosecutrix, he would refrain from offering any further evidence. the Court then directed a verdict of Acquittal.
Another case, that of JOHN TOY, EDWARD TOY, and FRANCIS OLD, indicted for dredging for oysters, in a certain oyster fishery, the property of JOHN TYACKE, was traversed till next Sessions.
SATURDAY, OCTOBER 24
The court this morning passed sentence on the prisoners. The following are the sentences of those prisoners whose trials we reported last week:
JOHN WILLIAMS, stealing oak poles; and WILLIAM PALMER, stealing a fustian jacket - Two Weeks' hard labour, and to be Once Privately Whipped.
MARIA SLEEP, stealing milk; and JOHN UREN, stealing a coat and other articles. Two months' hard labour.
HOMAS SEMMENS, stealing potatoes; EMMA GILL, stealing a shawl and shoes; and FRANCIS HARRIS, stealing shoes. Three months' hard labour.
HENRY ROGERS, stealing a woollen shirt; JOHN LAMPSHIRE, stealing a fowl; and WILLIAM HICKS, obtaining money under false pretenses. Four months' hard labour.
RICHARD TRISE [as printed], stealing trowsers and other articles; NICHOLAS MATTHEW SCOBLE, stealing a watch; JOHN RICE, stealing sacks; MARY LUKE, stealing a mantle, silk cape, and silk polka. Six months' hard labour (Two Months' on each of three convictions.)
ANN WILLIAMS, stealing money from the person of RICHARD NEWETT; DANIEL HALL, stealing a flannel shirt, with previous convictions. Twelve months' hard labour. (One month solitary confinement)
JOSEPH HORE, stealing a fustian coat, with previous conviction; and GEORGE BALL, stealing a sheep. Seven years' transportation.
JAMES RYAN CANNON, stealing a mare, with previous conviction for horse stealing. Ten Years' transportation.
A WARNING - In passing sentence on JOHN ALLEN, convicted of stealing brass from the Consols mine, the Chairman said he took that public opportunity of stating that, in consequence of the numerous cases of plunder from mines, persons henceforth convicted of such offenses might depend upon it they would not be permitted to remain in this country. And receivers of such stolen articles - who were more guilty perhaps than the thieves - would also be transported. He mentioned this now, that the warning might go forth to the public. There were peculiar reasons why every means should be adopted to suppress the plunder from mines. The removing of parts of engine machinery endangered the lives of those persons employed in its management.
APPEALS [only those mentioning people's names are included - jm]
ST. AGNES, appellant; TYWARDREATH, respondent - an appeal against order for removal of PETER GARLAND, wife and family. [MR. HOCKIN objected that the respondents had not sent a copy of the examination of the appellants. Mr. Shilson replied they had not denied receiving a copy; he had received a notice to produce the original examination, but he was not bound to do so. Mr. Hockin admitted he had received a copy, but said it was impossible for him to know from whence it came. The Bench were of opinion that the examination should be produced. Order quashed.
KEA, appellant; St. Blazey, respondent - and appeal against an order for removal of ELIZABETH DEEBLE and family. Order quashed on the grounds that
there did not appear to be any jurisdiction in the justices who made the order.
KEA, appelland; St. Erme, respondent - appeal against an order for removal of MARY HOLMAN and family. On respondent's motion, order quashed for want of jurisdiction.
LOSTWITHIEL, appellant; Lanlivery, respondent - Appeal against an order for removal of JOSEPH WHETTER. The settlement in Lostwithiel being alleged to be by apprenticeship; Mr Hockin objeted that it did not appear from the examinations whether the pauper ever resided in the appellant parish for forty days. The bench overruled the objection. Mr Hockin next objected that the examinations of the pauper and of JAMES THOMAS, each of these
deponents stated that he produced an indenture of the pauper, dated 25th of January 1812, it was not stated that they referred to the SAME indenture.
Objection overruled. Order quashed.
Ilfracombe, appellant; Padstow respondent - appeal against an order for removal of MARY LOVERING, widow, and family. This case was heard on merits. The pauper was a widow living at Padstow; her husband, a mariner, had been drowned at sea, leaving her and her family chargeable. The settlement in Ilfracombe was alleged to be by birth in that parish, of the pauper's late husband, in 1799. This was proved by the evidence of WILLIAM LOVERING, ahalf-brother of the deceased, and fourteen years older; and by certificate of baptism. Evidence of a corroborative character was given by the pauper herself, and by her eldest daughter. The appellants then proposed to set up another settlement, in the parish of East Buckland, Devon, by relief given to the pauper's maternal grandfather. Mr. SHILSON objected to this being gone into, on the plea that the grounds of appeal did not set forth either the time or the place of the marriage of the parties concerned; and, consequently, such information was not given to the respondents as would enable them to inquire into the truth of the facts alleged in support of the derivative settlement. Mr. DARKE followed on the same side. Mr. SMITH replied that it was not necessary for him to show the precise time and place when and where the parents of pauper's mother were married; it was sufficient if he proved they lived as man and wife. The Bench held the objection to be fatal. Order confirmed; GBP 5 costs, GBP 3 maintenance.
FALMOUTH, appellant; PENRYN, respondent - Appeal against order for removal of CHRISTIAN HUNT, widow, currently living in Falmouth workhouse. [Several objections were made by MR. DARKE, and all were overruled.] The case was then heard on the merits. The pauper, it appeared, was 55 years old, and the wife of WM. HEARD HUNT, whom she had not seen for many years; he had gone abroad. For a year and half prior to her marriage in 1821, she had lived in the service of Mr. KRABBE, surgeon, at Erisey terrace, in the parish of Falmouth. The settlement was satisfactorily proved. Mr. DARKE then proposed, on the part of the Appellant, to prove the pauper's husband's settlement, by birth, in Perkin's yard, was in the BOROUGH of Falmouth. WILLIAM HAMLYN, of Falmouth, stated that he was 60 years old, and remembered the pauper's husband, when a child, with his father and mother, living in Young's yard, at the back of the house in Church-street, where witness lived. Witness was about seven years older than Billy HUNT. Young's yard adjoined Perkin's yard, and was in the BOROUGH of Falmouth. The front door of the house in which Hunt was born opened into Young's yard; but the back door into Perkin's yard. The yards were separated by a wall. There was no means of going out of one yard into the other except by coming into the street at the front. MR. JOHNS, solicitor, produced certificate of Hunt's baptism, 1794, at Falmouth Church; on cross examination, he stated that the register was kept for the TOWN of Falmouth, as well as the parish. Order confirmed.
The court was then adjourned till twelve o'clock on Monday.
IN THE SECOND COURT
RICHARD ANEAR, of Redruth, and dealer in marine stores, was indicted for receiving a brass clack seat, the property of the adventurers in Wheal Jewel
mine, in the parish of Gwennap. There were two counts in the indictment; in one, the property was laid as having been stolen by one JOHN KINSMAN, and in the other, by several ill-disposed persons. MR. SMITH conducted the prosecution; MR. HOCKEN and MR. DARKE the defence.
- JAMES NANCARROWE, principal agent of the Wheal Jewel mine, identified the pieces of brass (the clack seat having been broken up into small pieces) as the property of the said adventurers, pointing out to the jury the space in which a piece of copper had been inserted, at the same time fixing the piece of copper.
- JOHN MARTIN also identified the brass in the same way as the last witness, and stated that it had been stolen from his (the pitman's) house.
- WALTER MORCOM, an assistant engineer at Wheal Jewel, also identified the brass, he having inserted the piece of copper before alluded to.
- WILLIAM NICHOLLS, constable of Redruth, proved the finding the brass and piece of copper at the prisoner's storeroom, at Redruth.
- JAMES MOYLE, of Redruth, who has been engaged for some time as a dealer in marine stores, stated that he sold the brass clack seat, which was then unbroken, to the prisoner.
- JOHN CHARLES LANYON, of Redruth, stated that he was present at Mr. DAVEY's office at Redruth, and that after the prisoner had been committed, he
expressed himself anxious to speak to him what the prisoner then declared to him. That he wished he had nothing to do with buying these things, and
that he was afraid he should "go across this time;" that he knew where the large brass was that was stolen from Wood mine, and that his brother was
gone out to see MR. WILLIAM WILLIAMS, and if it had not been that Moyle had told where it was, he would have told where it was if he could have got
clear. MR. Lanyon, on cross-examination, gave the prisoner a good character as far as he had any dealings with him. MR. HOCKEN then addressed the
jury, commenting strongly on the evidence, particularly Moyle's. The jury were then locked up, and after a considerable time acquitted the prisoner.
MONDAY, OCTOBER 26
St. LEVAN, appellant; St. AUSTELL, respondent - Appeal against an order for removal of MARIA ROWE, widow, and six children. Several preliminary
objections were taken by the appellant. The first was that a copy of the order had not been sent to the appellant parish. It was proved in the
examination of BENJAMIN JULIAN KNOTT, relieving officer of the respondent parish, that he had by mistake, sent the original, instead of a copy.
MR. DARKE contended that it was impossible for the respondents to prove they had sent a copy, when they had not retained the original. The bench
overruled the objection. [Mr. DARKE then objected that the examinations as concerned the inhabitancy of the children were not made at the request
of the churchwardens and overseers, as the law required. The complaint appeared to be only in respect of the pauper, Maria Rowe. The lawyers then
debated their various precedents regarding the children; the ages of the children were not mentioned in the order, or whether they were above or
below the age of nurture. The children were under the age, according to MR. HOCKIN. Three more objections were overruled.] The case for the
respondent's was then gone into, by the evidence of JAMES ROWE, father of the pauper's late husband, HENRY ROWE, the birth of the latter was proved to have taken place in the parish of St. Levan, in 181- {sorry, the paper had a dash, and a fold line in the crucial place.] Mr. DARKE then stated
the Appellant's case - that the pauper's late husband had gained several settlements in other parishes than the appellant's, by hiring and service.
Evidence was then taken at considerable length, of various services in Buryan and Sennen; and, ultimately, the Bench held that a yearly hiring was
proved with .. RICHARD EDMONDS, of Buryan. On this, the order was quashed; GBP 5 costs; no maintenance.
LICENSE APPEAL - An appeal was next heard from WILLIAM HAM, beer-shop keeper, at Carthew, in the parish of St. Austell, against the following
magistrates of the St. Austell division: ... The appellant had recently applied to these magistrates in petitions, for a license to sell exciseable
liquors, to be drunk on the premises; which application had been rejected by them. He now made his application to the Court of Quarter Sessions,
to reverse the decision of the magistrates. MR. STOKES and Mr. EDMUND CARLYON appeared for the appellant; Mr. SHILSON for the respondents. [A plan] of the house and premises was presented in support of the appellant, and several witnesses were examined for the purpose of shewing that the additional accommodation now asked was required for the neighbourhood. The Bench, after hearing Mr. Shilson in behalf of the respondents, decided there was already sufficient accommodation for the neighbourhood, and they refused to grant any license.
THIS CONCLUDED THE BUSINESS OF THE LONGEST SESSIONS THAT HAS BEEN KNOWN IN CORNWALL FOR VERY MANY YEARS.
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