cornwall england newspaper
1847 NEWS
JULY
2 JULY 1847, Friday
POOR LAW - In the alteration of the Poor-law, an amendment has been
carried that old married persons, after sixty years of age, are not to
be separated in the Union houses. We are disposed to agree in this
amendment; it was felt as a great hardship that those who had lived
together through long years of toil, who had laboured for their own
maintenance as long as health and strength lasted, should, in their
declining years, when no longer able to provide for themselves, be
deprived of the solace of each others company and society. The object
of the framers of the Poor-law, in enforcing this separation as the
condition of maintenance from the parochial funds, was, doubtless, to
serve as an incitement to the labourer to provide in times of health
and strength for the days of old age; but in the present state of
society, with the low rate of ages, it is an impossibility for a
labourer to lay by anything like a sufficiency for his old age; with
difficulty can he provide the necessaries of the present time, much
less lay up in store any fund for the future. Although, therefore, we
agree in the principle that every endeavour should be used to encourage
provident habits among those who labour, yet we must not inflict a
punishment in their old years upon those who from the present state of
our social system are unable to make that provision for the future
which we demand at their hands. Our only regret connected with this
subject is that the ministry did not themselves propose this measure,
but suffered it to be brought forward by their opponents.
TRIALS OF PRISONERS - HENRY PENNO, a miller in business at Crabb's
Pool Mill, in Helland, was acquitted of stealing a bag, the property of
WILLIAM LANDER, a miller at Berrycombe mill, near Bodmin. A second
count laid the property in WILLIAM SIMMONS, a farmer.
CHARLES VENNICOMBE, 25, was Acquitted of stealing a hat and pair of
shoes, the property of ALFRED GEACH, latter, and JAMES MELLOW,
shoemaker, both of St. Austell. He was tried on a second indictment
for stealing another hat from Alfred Geach, and was found Guilty.
MARK MORCOM, 15, was Convicted, and JOHN NORTHCOLE, 12, was Acquitted
of stealing a cloth cap, the property of THOMAS HARVEY, miner, in the
parish of Kenwyn. A previous conviction was proved against Morcom.
ROBERT SPRY REED, 27, was Convicted of stealing a silver watch, from
the dwelling-house of Mr. WILLIAM BROAD, at Mount Folly, in the parish
of Veryan.
WEDNESDAY, June 30. - LAMB STEALING - WILLIAM HAMLEY, 40, was
indicted for stealing, at the parish of Egloshayle, on the 26th of May,
one ewe lamb, the property of JOHN DERRY. Mr. HOCKIN and Mr. J. B.
COLLINS conducted the prosecution; Mr. T. DARKE defended the prisoner.
Prosecutor is a farmer living in the parish of Egloshayle, and he also
farms an estate in the same parish called Treworder. On the 26th of
May, he had twenty-six lambs and four ewes in a field at Treworder,
four of the lambs being unweaned. Twenty-two of the lambs had been
"tailed," but the four that were unweaned had been only "jointed," the
tips of the tails being thrown into a stable window. JOHN SCOTT, who
looks after Mr. DERRY's cattle, on the Treworder estate, missed one of
the lambs on the morning of the 27th of May, and in the course of the
same day LOVELL, the policeman of Egloshayle, accompanied by a
constable called CLEAVE, searched the prisoner's killing-house, he
being a butcher at Egloshayle church-town. The policeman found there
the skin of a lamb that had been recently killed, and one of the tips
in prosecutor's stable window corresponded with the skin. Mr. Derry's
lambs were all marked in the right ear, but that ear was cut off from
the skin that was found, although the left was not entirely gone.
While in custody prisoner said he bought the lamb found in his
slaughter-house, of Mr. RUNDLE, a farmer of St. Kew, who, however,
stated that prisoner had not any lamb from him later than the week
before. Mr. Darke strictly cross-examined the witness, contending
that the skin had not been properly identified, and called to give
evidence for defendant Mr. VERCOE, woolstapler, at Bodmin and a man
called HOSKIN, living at Egloshayle. The jury after a long
deliberation, returned a verdict of Guilty.
HENRY CUNDY, 27, was indicted for stealing a ram lamb, the property of
JOHN and JOSIAS HAWKE, of the parish of Roche. Mr. CHILDS stated the
case, and then called REUBEN THOMAS, a farmer of Roche, who it appeared
had sustained some loss, and went to watch his sheep on the night of
Saturday, the 29th of May, in a field called Downpark. He had his
servant man with him, and was armed with a gun and stick. Between
eleven and twelve o'clock witness stood on the top of the hedge, and
saw a man coming. He presently lost sight of him, and went out on the
common. On coming back near the hedge he saw two men approaching, and
when they came within ten yards distance, he knew them to be HENRY
GOUGE and HENRY CUNDY, the prisoner. Gouge had a pack on his back, and
witness saw the legs of a sheep hanging over his breast. Witness
called out - "You have got a sheep on your back, you had better drop
it." Gouge then ran away and Cundy after him. They ran about fifty
yards, and the farmer then called out - "I'll shoot in one moment if
you do not drop it." He fired at Gouge's bags, but did not strike him,
and Gouge got away, but he and the servant overtook Cundy. The latter
resisted and held up something like a spreader, upon which the farmer
struck him over the head with the butt-end of the gun, and down he
went. The butt of the gun flew off through coming in contact with the
cudgel, and while Cundy was on the ground, as he continued to resist,
the farmer struck him with the barrel part. The servant kept Cundy
down while Mr. Thomas went after Gouge, and as Cundy continued
struggling, he was obliged to give him two "pats" with the butt-end of
the gun. The farmer could not overtake Gouge, and on returning he took
up the lamb which Gouge had dropped. Its mouth was tied closely, and
Mr. Thomas found it did not belong to him, but he informed Mr. HAWKE, a
neighbouring farmer, who had a ewe on the common bleating for her lamb.
It was brought with another ewe to Mr. Thomas's farm-yard, and the
lamb instantly ran to one of the ewes and began to suck, thus showing,
as it was contended, that the lamb belonged to that ewe. The defence
of Mr. STOKES was, that Gouge alone was concerned in stealing the lamb,
and that Cundy, being a man of weak mind, had innocently accompanied
him. He called witnesses, who gave the prisoner a good character.
Verdict, Guilty.
ENLARGEMENT OF THE GAOL - Mr. COLMAN RASHLEIGH gave notice that at
the next sessions he should apply, on behalf of the visiting justices
of the gaol, for a sum not exceeding GBP500, to enlarge that building,
on account of its present crowded state. He should also then present a
plan and an estimate, the plan being now in possession of the governor.
TRIALS OF PRISONERS RESUMED - FRANCIS ADAMS, 53[?], pleaded Guilty of
stealing, on the 3rd of May, in the parish of St. Erme, about eight
gallons of wheat, the property of EDWARD RICKARD, WILLIAM GILL and
JAMES KEAST, farmers of St. Erme, gave the prisoner a good character
for honesty.
THOMAS MOORE, 22, was Acquitted of stealing on the 5th of April, in the
parish of Kenwyn, a fowl, the property of MATTHEW GEORGE PAINTER. The
Chairman cautioned the prisoner not to appear at the bar again, as the
present was not the first time that he had been brought there.
WILLIAM HICKS, 19, was charged with stealing, on the 30th of April, at
Wheal Unity mine, in the parish of Gwennap, six miners' candles and a
small key, the property of ELIJAH MANNELL and MATTHIAS MANNELL. Mr.
Stokes appeared for the prisoner, and elicited on cross-examining
Elijah Mannell that his real name was MANNEL. The indictment being
thus defective, prosecutor's name being laid in it as Mannell, the
prisoner was Acquitted.
JAMES MARTIN, jun., 30, was charged with stealing, about the 10th of
April, in the parish of Wendron, three beehives with bees, containing
three quarts of honey, the property of JAMES JOHNS and others. Tracks
were found between the garden from which the hives were stolen and the
house where prisoner lived, which corresponded with prisoner's shoes.
There was no honey found in the house, but a witness called JOHNS,
commenced searching a stone hedge bounding prisoner's field, and about
forty yards from his house. He there found a cave covered over on the
top of the hedge with flat stones, and it was large enough to conceal a
man. Johns found nothing in this cave, but continued his search, and
about twenty yards from it in the same hedge he discovered another
cave, which contained a pan with honey in it and honeycomb newly put
there, covered with a bag. Verdict, Guilty, and a prior conviction at
the assizes in 1839 was proved against the prisoner.
JAMES GILL, 14 was found Guilty of stealing from Tincroft mine, in the
parish of Illogan, the property of HENRY RICHARDS, that property being
his dinner, consisting of a cake wrapped up in a piece of calico. A
conviction for felony at the last spring assizes was also proved
against the prisoner.
JAMES MILLER, 52, was charged with stealing, on the 8th of April, in
the parish of Cuby, a brass pan, the property of WILLIAM MERTON. Mr.
Shilson conducted the prosecution, and called William Merton, who
stated that his father was a farmer in the parish of Cuby, and usually
kept a brass pan outside the front door of his house. About two
o'clock in the morning of the 8th of April, witness heard the dog
barking, and looking out of the window he saw a man come into the farm
yard, take up the brass pan, and go away with it. He spoke to his
father, and then ran down stairs naked, took the gun with him and
followed the prisoner. He came within ten yards of him, and then
called out to him to put down the pan and stop, otherwise he would
shoot him. Prisoner, however, went on with the pan till he came to a
gate, which he could not easily open, and he then threw the pan down by
the hedge. Witness came close up to him, and he then turned round and
swore that he was not the man that had the pan. Witness told him he
was the man, and if he did not go back he would shoot him. Prisoner,
however, went on through the bottom of the first field to the second,
witness following him at about twice the length of the gun, and
persuading him to stop and go back without being shot. At last they
came to a stile leading to the highway, and witness told the man that
if he did not go to a neighbouring house, or go back, he certainly
would shoot him. Prisoner then went back about ten or twelve yards,
when he held out his hand wanting witness to agree to let him go.
Witness said he would behave like a man to him, but refused to take his
hand, upon which prisoner turned about and went over the stile.
Witness followed, fearing that prisoner might escape in the lane, but
the moment he stopped over the stile, prisoner turned round and seized
the muzzle of the gun, at the same time holding up a hammer, and making
a blow at witness. The latter kept him off with the muzzle of the gun,
so that he could not reach with the hammer, and prisoner then took hold
of the muzzle with both hands. Witness however, after a short time,
freed it from him, and then fired at his leg, upon which he screeched
"murder." Witness went into VENNS, a neighbouring house for assistance
and subsequently a constable sent for and the prisoner taken before Mr.
GREGOR, the magistrate. On the way there his leg was [.......?] by Mr.
Jewel's surgeon. Mr. Hockin addressed the jury for the prosecutor, and
in the course of his [....... ........?] stated that the surgeon had
had to amputate the man's leg in the utmost haste in order to save his
life. The Chairman, in summing up, remarked that it was very
unfortunate the gun should have been resorted to, and impressed his
opinion that the young man, Merton, had used uncalled for violence.
The jury returned a verdict of Guilty against the prisoner.
BILLS - The grand jury have ignored the bills against the following
persons:- MARY CARNE and ELIZA WHITE, JAMES MITCHELL, JAMES KENDALL,
WILLIAM WEBB, JOSEPH LULEY, and HENRY NOY, all committed for felonies;
and found true bills in the cases of all the prisoners charged with
felony and riot at Redruth and Pool.
THURSDAY, JULY 1 - REDRUTH RIOTS. GEORGE STAPLETON, 21, JAMES
JEWELL, 19, JOHN JONES, 19, WILLIAM FRANCIS, 23, JOHN WILLIAMS, 17,
JANE TRENGOVE, 48, MARY TIPPET, 41, and MARIA FLOYD, 22, were indicted
for having, on the 4th of June, feloniously broken and entered the
warehouse of WILLIAM WARMINGTON, at Redruth, and stolen therefrom ten
sacks of flour, ten cwt of flour, and other sacks, the property of
William Warmington. A second count charged the prisoners with
feloniously stealing and carrying away a quantity of flour from the
warehouse of THOMAS HEYNES, of Redruth; and a third count charged the
prisoners with simple larceny in stealing the same goods. The
prisoners all pleaded not guilty, and were therefore put upon their
trial. Mr. Darke and Mr. Hockin conducted the prosecution; Mr.
Bennallack defended some, Mr. Stokes and Mr. Chilcott others of the
prisoners. Mr. Darke stated the case to the jury, after which
witnesses were called, and the trial was proceeding when our report
left. Besides these prisoners there appear on the calendar the names
of ELIZABETH STEPHENS, ELIZABETH NICHOLLS and WILLIAM OSBORNE, charged
with rioting; and ANNY ROBERTS, STEPHEN BENNETTS, and PRUDENCE THOMAS
are indicted for stealing from the flour store of Mr. JOEL BLAMEY, at
Pool. Osborne has a second indictment against him for assaulting the
constable, WILLIAM NICHOLL, at Wheal Agar counting-house, and rescuing
prisoners. The trial was proceeding with great particularity, and was
expected to last the whole of the day. The jury are taken from various
parts of the county, and are mostly described as farmers and
innkeepers. No millers, or corn-dealers are on the jury. We shall
give a full report of the whole of these trials next week.
SECOND COURT - Tuesday, June 29. Before COLMAN RASHLEIGH, Esq. -
JANE TREMAIN, 12, was charged with stealing certain monies from the
house of JOHN MARSHALL, of Mevagissey, on the 17th ult. According to
the evidence of ELIZABETH MARSHALL, the money was taken from a place
under the stairs in the bakehouse. The jury returned a verdict of
guilty, but one of them expressed his opinion, in which the Chairman
concurred, that it would be more prudent for Mrs. Marshall to keep her
money under lock and key than in an exposed place where it might prove
a temptation to young persons.
JAMES HONEY, 38, pleaded Guilty of stealing, at the parish of
Davidstow, on the 16th of May last, a quantity of furze, the property
of WILLIAM HOCKEN.
FRANCES WETTER, 16, was charged with stealing, at Fowey, on the 2nd of
June, a pair of stays, shift, pair of drawers, black veil, and piece of
ribbon, the property of ELIZABETH MOSS. A second indictment charged
the prisoner with stealing a veil, gold-ring, and parasol, the property
of WILLIAM TREGENNS, Mr. BISHOP appeared for the prosecution, and
called ELIZABETH MOSS, an assistant in Mr. Tregenna's shop, at Fowey,
who gave evidence with respect to the articles named in the first
indictment. Other witnesses were also called, and the prisoner was
found Guilty. No evidence was offered on the second indictment, and in
respect to it the prisoner was returned Not Guilty.
MARIA ELLIS, 42, was Acquitted on a charge of stealing, about the 7th
of March last, in the parish of Gulval, a fagot of furze, the property
of ANDREW NICHOLLS.
MARY WILLIAMS, 46, was indicted for stealing, on the 28th of April, a
quantity of wheat and oats, the property of JAMES RETALLACK, the
younger, of Lanivet. Prisoner was in prosecutor's employ, and having
suspicion that she had been robbing his barn, he stopped her on her way
from work, and found that she had corn in her pocket. The offence was
proved, and the prisoner found Guilty.
WILLIAM WILLS STACEY, 55, was Acquitted on a charge of stealing, in the
parish of Poundstock, on the 13th of April, a drake, the property of
JOHN COWLING[?].
WEDNESDAY, JUNE 30 - JOHN JEFFERY, 29, a miner, was found Guilty of
stealing three pounds of candles, the property of JAMES POLMEAR, also a
miner, at Consols mine in Gwennap. A previous conviction was found
against the prisoner at the October Sessions of 1836[?].
MATTHIAS THOMAS LOMBE, 36, was found Guilty of stealing a silver watch,
on the 21st of April, from the dwelling house of JAMES HILL, at the
parish of Mawnan. The watch had been placed on the dresser in
prosecutor's house, and the prisoner walked in and stole it during the
temporary absence of prisoner and his wife.
JOHN HENRY THOMAS, 17, was found Guilty of stealing a Chesterfield
coat, a memorandum book, and a pair of gloves, the property of RICHARD
BODILLY, of Redruth. This felony was discovered through the
information given by Mr. PENNA, clothes dealer, of Truro, to whom the
prisoner offered the coat for sale, and the Chairman, in summing up the
case to the jury, observed that if all second-hand dealers and
pawnbrokers would exercise the discretion and caution that Mr. Penna
did, a considerable check would be given in the commission of felonies.
There was a second indictment against the prisoner, for stealing
articles of clothing from SAMUEL RICHARDS, also of Redruth, but this
indictment was not pressed.
THOMAS HARRIS, aged 18[?], was charged with stealing a cow and heifer,
the property of RICHARD EDMONDS, a farmer at Camborne. The prosecutor
accepted a farm at Treswithian, and, on the evening of the 21st of May,
had five cows and two heifers in a wall-enclosed field. On the
following morning early, he found that a cow and heifer were missing;
and about eleven o'clock, he rode away with the intention of going to
Helston market to seek for the cow and heifer, but saw them in a field
near St. John's turnpike gate, about eight or nine miles from Camborne.
This was the farm of Mr. SIMON WILLIAMS, who soon came to the field,
and who, it appears, had that morning bought the bullocks from prisoner
at Helston market, for GBP15. 5s.: prisoner saying that the bullocks
were his father's. Prisoner drove the bullocks to Mr. Williams's farm,
and received the money from Mr. Williams. Mr. Williams went to Helston
market again, in the course of the day, and had his suspicions awakened
by seeing the prisoner dressed in a new suit of clothes. He questioned
the prisoner, who said that he had paid the money to his father, and
that his father had bought those clothes for him. He had given his
name as JAMES JACKSON, the son of JOHN JACKSON. Mr. Williams said he
would not let him go before he had seen his father; they went together
to several public-houses mentioned by prisoner, but the alleged father
could not be found, and at length, Mr. Williams gave prisoner in charge
to a constable in whose presence he was searched, and there was found
on him GBP13. 14s. 2d. Mr. Edmonds came to the Town Hall in Helston
when Mr. Williams and prisoner were there; he had previously identified
the bullocks as his own. Mr. Williams afterwards, by order of the
committing magistrate, Mr. MEGOT[?], GAVE UP THE BULLOCKS TO THE
PROSECUTOR. Verdict, Guilty. A previous conviction was proved against
this prisoner. There was now another indictment against him for
stealing a jacket and waistcoat, the property of JOHN GOLDSWORTHY, but
no evidence as offered on this charge.
ROBERT MALLETT, 19, was charged with stealing on the 2nd of January,
1846, a waistcoat, the property of WILLIAM PERRY, of St. Teath. Mr.
LUXMORE, who appeared for the prosecution, said the offence charged
against the prisoner was committed so long since, that he should not
call on the prisoner to account for his possession of the waistcoat,
which was found on him about a week since. A verdict of Acquittal was
therefore directed. The prisoner was, however, ordered to be kept in
custody as a deserter from the army.
JOSEPH GROSS, 63, was charged with stealing some sheaves of wheat, on
the 15th of May, the property of WILLIAM RETALLICK, at St. Anthony in
Meneage. The prosecutor missed some sheaves of wheat from his mowhay
on the morning in question, traced footsteps to prisoner's house, and
there found the prisoner, and charged him at the doorway with having
his property inside. While prosecutor and his servant were at the
door, the door was shut against them by prisoner's wife. They went
round to the window, and saw some wheat inside; and prosecutor called
in and desired the wife not to diminish the wheat in any way. Prisoner
had made away meanwhile. Prosecutor went away to get a search-warrant,
leaving his workman to watch the premises. Shortly afterwards, the
workman looking in at the window saw the prisoner's wife burning the
wheat in the fire-place. They got up to the top of the chimney and
stopped it; thereby obliging the wife to come to the door for air. The
prosecutor's workman went in and prosecutor himself soon came back; and
they found wheat by the fire place, and in other parts of the house.
It was a mixed wheat - red chaff and eastern white - such as the
prosecutor had sown together, and had in his mowhay; and he was clear
it was his property. The constable produced a sheaf of wheat found in
the house and some grains found near the fire-place; he also produced
samples from the mowhay; all which were submitted to the jury. The
prisoner, after escaping from his house, was found by prosecutor,
concealed in the corner of a field in the parish of Manaccan; prisoner
begged to be forgiven, and said if prosecutor would let him free that
once, he (prisoner) having invented a machine for perpetual motion,
expected to make a large fortune, and he would give prosecutor a good
estate. Guilty.
CHARLES BURNETT, 21, pleaded Guilty of stealing, at St. Cleer, one pair
of shoes, one pair of stockings, and two strings, the property of
WILLIAM HARVEY, of Linkinhorne, miner.
PHEBE HARVEY, 40, was found Guilty of stealing a calico sheet and an
Orleans cape, the property of JAMES SCHOLES, of the borough of Truro.
Prosecutor's wife kept a lodging house at Truro, and prisoner slept
there on the night of the 22nd of June. The next morning the articles
were missing from the bed-room she had occupied, and the cape was
afterwards found in her possession, by the policeman, STAPLE. It was
identified, in court, by Mrs. Scholes, and her daughter-in-law, who had
been accustomed to wear it.
SUSAN WILLIAMS, 19, pleaded Guilty of feloniously receiving a dress,
the property of JOHN BURNETT, of Truro. (Mr. Bennallack, who had been
absent from the court, now came in and begged to be allowed to withdraw
Susan Williams's plea of guilty, on the ground that he had just
received a letter from the committing magistrate at Truro, stating that
she was of weak intellect. The Chairman retired to consult the
Chairman of the other court; and, on his return, said, in consideration
of the hardship that might be otherwise inflicted on the prisoner, the
court would allow the plea to be withdrawn, but the court considered it
a great irregularity, the pleas being all but recorded. Mr. Stokes for
the prosecution, consulted with the wife of the prosecutor, who
consented to forego the prosecution against Susan Williams, and to take
her back into service again. A verdict of Acquittal was then directed.
CHRISTIANA RODDA, 23, was charged with stealing one sovereign, from a
drawer in the bedroom of her master, Mr. JAMES HARRIS, of the parish of
Camborne. The prosecutor, a builder, placed three sovereigns, two
half-sovereigns and ten shillings in a drawer in his bed room, on the
5th of April, locking the drawer and giving the key to his wife, who
put it in her pocket. In the course of the following day, Mr. Harris
changed her dress, leaving that pocket in which the key was in in the
bed room; and she was absent from the house about three quarters of an
hour, in the afternoon. On her return, she found the door open which
had been closed, but the key was in the pocket. On the 8th of April,
Mrs. Harris gave the key to her husband, who, on opening the drawer,
found that there was one sovereign missing; and, on the 10th of April,
the prisoner was seen to bring into the house some articles of
clothing, she not having received honestly any money that would enable
her to make purchases. Inquiries being made, it was found she had
purchased goods at Mr. BENNETT's shop, in Camborne, and tendered a
sovereign in payment. She made various statements as to her having
found the sovereign, but at length admitted to the constable that she
had taken it from her master, and offered to repay it. Guilty.
SAMUEL BLOUCHER, 20, was charged with stealing, on the 11th of April,
from the dwelling house of his master, WILLIAM SAMPSON, a farmer of
Crowan, GBP64. 10s., the monies of his said master. On Saturday, the
10th of April, the prosecutor's wife, placed the sum of GBP64. 10s. in
gold and a GBP5 note in a silk purse, in a drawer in a bed-room in the
house. This was about one o'clock in the day. She afterwards went to
market. On Monday, the 12th of April, she went to the drawer and
missed the money. The prisoner, who was a yearly servant, slept in the
house on Saturday night, and breakfasted on Sunday morning; but,
shortly afterwards, left without any notice, and did not return again.
On the money being missed, on the Monday, the prosecutor went first to
Falmouth, and thence to Plymouth, in search of prisoner, but could not
succeed in finding him. Eventually, he was apprehended, on Wednesday,
the 14th of April, at Rivers's Hotel, Ivy Bridge, by LAVERS, policeman
of Ugborough, who searched him, and found on him thirty-six sovereigns,
four half-sovereigns, eleven shillings in silver, and a silk purse.
The policeman took him on to Plymouth, and, from further information of
the nature of the robbery, made another search of the prisoner; and the
prisoner then said he had lost the GBP6 note with some girls at Castle
Rag, Plymouth. A watch and guard found on him, he said he bought for
GBP3. 10s. Lavers took him down to St. Hilary, where he was committed
for trial. WILLIAM NICHOLL, contractor for the conveyance of prisoners
from Redruth to Truro, stated that as he was conveying prisoner to
Truro, prisoner said it was a bad job, and if he could get out of this,
he would never be guilty of anything like it again; when he went
up-stairs on the Sunday morning to shift his clothes, he had no
intention to do anything wrong, but he took the money on the spur of
the moment. The purse produced in court by the constable Lavers, was
identified by Mrs. Sampson. Guilty. There was another indictment
against the same prisoner for stealing GBP3. 10s. at the same time, the
property of RICHARD SAMPSON; but the prosecutor declined to offer any
evidence, and a verdict of Acquittal was directed.
RICHARD EVALL, 18, was charged with having stolen on the 22nd of June,
a knife, a shawl, a handkerchief, and twelve shillings in money, the
property of JOHN STRONGMAN, of St. Columb Major. A second count laid
the property of the shawl in PARMENAS MENHENICK, who lived in the same
house with Strongman, at Tregarrowe[?]. Guilty. A previous conviction
was proved against the prisoner; he, at that time, passed by the named
of RICHARD TRISE[?].
ELIZABETH HOLLOWAY, 16, was charged with uttering a counterfeit
half-crown, on the 10th of April, at St. Day, in the parish of Gwennap.
The case was one of remarkably clear proof; the prisoner had twice
attempted to pass the coin, and was told it was bad, but afterwards
passed it at the shop of Miss LETCHER. Guilty.
JOSIAH EVANS, 15, WILLIAM WATERS, 17, and WILLIAM CARNARTON, 17, were
charged with stealing, on the 8th of June, at Truro, twelve bags and a
bridle, the property of Mr. GEORGE ABRAHAM KNIGHT, brewer. SAMUEL
HOCKIN, one of Mr. Knight's drivers, proved that about nine o'clock in
the morning of the day named, he left a quantity of bags and a bridle
at Mr. Knight's stables, in Tredinnick Lane. On his return in the
evening, he found that the place had been entered forcibly, and on
further search, saw that the bags and bridle were gone. In the
stables, he found a stick with a large head, which he afterwards gave
to the policeman WOOLCOCK. JOHN POLKINHORNE, living in Kenwyn Street,
saw the three prisoners pass his door, and go up Tredinnick Lane, about
eight o'clock in the evening. Waters was carrying a stick, with a
large head to it. WILLIAM PENNA, matmaker, living in Back Lane, stated
that the three prisoners came to his house, between eight and nine in
the evening, each of them carrying bags; Waters came into his house,
and offered to sell the bags, but Penna refused to buy. At the time,
Carnarton had a stick with him. LAWRENCE LENNY, a rag dealer, stated
that prisoners offered him bags for sale, about half-past eight, but he
did not buy; they then said they should take them to Penryn to sell.
WILLIAM MATHEWS, living at Calenick, saw Evans and Waters, about twenty
minutes past six in the morning of the 9th of June, lying down in a
field near Calenick. He afterwards told the circumstance to the
policeman WOOLCOCK. WILLIAM WOOLCOCK, policeman, searched the field
pointed out by last witness, and found twelve bags and a brewer's
apron. He now produced the bags, one of which was positively
identified by the first witness. He also produced the stick; and the
witness Polkinhorne swore that it was the same he saw in the hands of
Waters. The prisoners severely made their own speeches in defence;
and, the jury, after considering some considerable time in court,
retired to another room for consultation, and finally agreed to a
verdict of Acquittal, for all the prisoners.
THURSDAY, JULY 1 - THOMAS VIANT, 14, was Acquitted on a charge of
having stolen, at Redruth, on the 30th of April, about 3 1/2 lbs weight
of beef, the property of MATTHEW THOMAS, of Camborne, butcher.
LOCAL INTELLIGENCE - ECCLESIASTICAL - On the 25th instant, the Rev.
H. W. PHILLIPS was licensed to the perpetual curacy of the Chapel of
St. Paul, at Chacewater, void by the death of CHARLES AUGUSTUS HOCKEN,
clerk on the nomination of the Rev. GEORGE CORNISH, vicar of Kenwyn.
CORNWALL AND DEVONSHIRE WRESTLING - The admirers of Cornish wrestling
will be glad to learn that THOMAS GUNDRY has indignantly denied the
assertions made in some of the Exeter papers, that at the late
wrestling in London, between the Cornish and Devonshire men, he had
bought the champion's belts instead of winning them. He also flatly
denies the charge of having made overtures to CHAPPLE, at Exeter, as
was stated by a Mr. STUMP, and published in some of the Exeter papers.
The following is from Holt's Life on the subject:- "We have received a
lengthened statement from Thomas Gundry, whose success at the late
wrestling seems to have excited rather more than the true spirit of
sportsmanlike emulation in the Devonshire people, in which he
indignantly, and, as we think, justly denies the scurrilous assertion
written by a correspondent to an Exeter paper; but from the great
pressure of other matters we cannot give his letter in full. With
respect to SNELL having given his back to Gundry for the consideration
of half the prize, the latter most solemnly denies it, declaring that
if such was the fact the prize was far from certain, some of the best
Cornish wrestlers remaining to contend with. With regard to the charge
of promising Chapple anything not to meet him on the Monday made by a
Mr. Stump, he denies it in toto, defies him to bring any proof that
such was the fact, and complains of the shameful conduct that he and
his brother Cornish wrestlers had to submit to at Barlaston last week,
having been enticed there by the liberal promises of the projectors.
We have received another letter from Gundry, in which he states that
his friends are ready to back him for any amount not less than GBP50,
to wrestle with any man, either in the Cornish or Devonshire style of
play, and that the match can be made and the funds forthcoming on the
shortest notice. He adds that he highly appreciates the kindness
evinced towards him by the numerous friends, and should not have
condescended to reply to the scurrilous attacks upon him, were it not
that some persons who do not know him might be led to image such
statements were correct if left unnoticed."
EMIGRATION - The "Paragon," DUNSTONE master, belonging to Messrs. R.
MICHELL and Son., Truro, has arrived safely at Quebec, after a passage
of 56 days, occasioned by continued westerly winds. The passengers had
been generally healthy, and the wife of W. CHAPPLE, who gave birth to a
son whilst laying to in a gale of wind twelve days after sailing, did
well. The mortality in some of the emigrant ships from Ireland to
Quebec has been very great. One ship had 100 deaths, another 45; and
during the four days the "Paragon" performed quarantine, 300 corpses
were buried.
THE NAVY - Lieut. JOHN PARSONS, of Arwenack House, Falmouth, is
appointed to the "Crane" packet in the place of Lieut LEWIS, whose time
has expired.
DESTRUCTIVE FIRE - On Tuesday week, about one o'clock in the
afternoon, a fire broke out in the dwelling house of Mr. JOHN PEARCE,
at Ludgvan Church Town. Mr. RICHARD R. BELL, who promptly gave the
alarm, was the first that discovered the thatch roof on fire, which it
is supposed, ignited from a spark which escaped from the chimney. An
engine and eight firemen arrived from Penzance, but too late to render
assistance; for the destructive element spread so rapidly that in less
than two hours, two dwellings and two outhouses were reduced to one
mass of ashes. Nearly all the furniture in each dwelling was
destroyed, together with some wearing apparel; and one of the inmates,
who was a very poor man with a small family, lost also GBP1. 5s. 6d.,
which was in his waistcoat pocket upstairs, and which he had carefully
saved to pay his rent.
FATAL MINE ACCIDENT - On Wednesday week, a man named HENRY FOLLY, a
kibble filler, was killed on the spot, in the higher engine shaft at
Callington mines, by a piece of timber falling on his head. A
coroner's inquest was held on the body on the Friday following, and a
verdict if accidental death returned.
CORONERS' INQUESTS - An inquest was held at Launceston on the 20th
ult., before JOSEPH HAMLEY, Esq., on the body of SARAH JAMES, an old
woman aged 81. It appeared that she was on the turnpike road, about a
mile west of Launceston, and that her bonnet blew off, when she went to
pick it up just as the mail coach was coming by; and before the driver
could pull up the horses, the coach passed over her and injured her so
much that she died in about half an hour. The jury returned a verdict
of accidental death. Not the least blame is to be attached to the
coachman, who drew up immediately, and assisted in taking up the poor
woman.
On the 28th ult., an inquest was held before GILBERT HAMLEY, Esq.,
deputy coroner, at Stratton, on view of the body of MARY ANN DINGLE
SQUARE, an illegitimate child who was found dead in bed. It appeared
from the evidence of an old woman, who slept in the same room with the
mother of the deceased, that she saw the child on Friday night about
ten o'clock, and it then appeared from the evidence of an old woman,
who slept in the same room with the mother of the deceased, that she
saw the child on Friday night about ten o'clock, and it then appeared
to be as well as usual. In the middle of the night she was disturbed
by the child crying; she went to sleep again, and about two in the
morning she was again awoke by hearing the mother of the child crying
out that her baby was dead. ELIZA PEARDEN, a neighbour, hearing her
cries, immediately came in, and found the child was quite dead. Mr.
DINHAM, surgeon, was sent for, who had no doubt that the child had been
suffocated by lying so close to the mother. The bed in which the
mother and the infant slept was exceedingly small, and another child
also slept in the same bed. Some neighbours had spoken of the great
kindness usually shewn by the mother to her children, the jury returned
a verdict of found dead.
On Wednesday last, an inquest was held at Veryan before J. CARLYON,
Esq., coroner, on the body of ANN COCK, aged 50 years, who was found
drowned in Gerrans Bay, at a place called the Parade Cove, on Tuesday
morning last. The deceased was the wife of PETER COCK, of Veryan
church-town, who, until lately carried on the business of a butcher
there. She left her home on Tuesday morning as early as two o'clock,
and her cloak and bonnet, and a pair of shoes, were placed on a rock
next where the body was found. Other facts were proved which left very
little doubt on the minds of the jury that she committed
self-destruction by drowning herself whilst in a temporary state of
insanity; but there being no direct evidence to shew how she got into
the water, a verdict of found drowned was returned.
EXETER DISTRICT BANKRUPTCY COURT - Tuesday, June 22 - JACOB
MILDREN, farmer and currier, of Paul, received his final order without
opposition.
RIOT AND FELONY AT POOL - Friday, July 2 - WILLIAM OSBORNE, 26,
STEPHEN BENNETTS, 17, PRUDENCE THOMAS, 37 ANN ROBERTS, 45, and MARY ANN
CRAZE, were indicted for having on the 4th of June last, feloniously
broken and entered the warehouse of Mr. JOEL BLAMEY, at Pool, in the
parish of Illogan, and stolen therefrom a quantity of flour, tea, and
sacks. By a second count the prisoners were charged with simple
larceny. Mr. Darke and Mr. Hockin for prosecution; Mr. Bennallack for
Osborne, Bennetts, and Roberts, and Mr. Stokes for Craze. The
prosecution had arisen out of disturbances which hw as sorry to say had
existed in the western part of this county during the last two or three
months. On the 4th of June last, a large number of persons assembled
in the village of Poole early in the morning. The crowd were very
clamorous, and at length proceeded to force open the flour stores of
Mr. JOEL BLAMEY, using a sledge hammer, stones, and missiles. The
storehouse was rifled of flour and other articles, and until the mob
were restrained by the military, brought up by the magistrates, a very
large quantity of property was taken away. The parties who actually
broke open the door had absconded, justice had not yet overtaken them;
but it was held by the law that whoever were present at the time
aiding, abetting, and assisting, were guilty of the breaking and
entering as much as the parties who actually broke the door. Those
against whom the witnesses would prove this offence would be therefore
guilty under the first count in the indictment. Then with regard to
those who were not present aiding and assisting when the breaking and
entering was committed, if he could prove that they were present aiding
and assisting after the door was broken open, and the stealing took
place, then he should be entitled to the verdict of the jury against
those parties on the second count. He then stated at some length the
facts that the witnesses would prove against each of the prisoners. It
might be urged that there was great distress in the county, and that
all these crimes were committed in consequence. He did not deny that
the people had suffered much privation, that there had been very
serious distress in many districts during the last few months.
Mr. Joel Blamey, who was examined by Mr. Hockin, and said, I am a flour
merchant, and live at Pool, in Illogan. I have a warehouse there, and
keep in it flour, tea, and other stores of that description. My stores
are detached from my dwelling house about fifteen feet, there being a
road between. On the 4th of June, I was at home all the day. At eight
o'clock there was an assemblage of about 1,000 persons at Pool; at ten
o'clock I should say there were 2,000, and at eleven about 3,000. They
were violent and noisy and my stores were broken open by force. On the
evening of the 3rd of June, between eight and nine o'clock, I counted
in my storehouse three sacks of flour loose in the hutch, and twenty
sacks in whole and half sacks, they being all tied. I did not go into
the storehouse the day that it was broken open, but I went in on the
morning of the following day and found that seven sacks were gone.
Empty sacks were likewise stolen, large and small. I also lost about
one cwt. of tea and about fifteen papers of pins. The place were these
articles were taken from was my warehouse, and the property lost was my
property. The storehouse is a regular warehouse where goods are
deposited; I have no partner except my wife. I saw Stephen Bennetts
wheel out three sacks about ten or eleven o'clock; I cannot say the
exact hour as there was so much excitement at the time. I sell things
in this warehouse and have no shop. I did not see Stephen Bennetts
there before the door was broken open.
HENRY JEFFERY, a constable of the parish of Illogan, said - I was at
Pool on the 4th of June, and was present when the door of Mr. Blamey's
warehouse was broken open. Before that was done I saw William Osborne
standing immediately behind the mob, and about thirty feet from the
storehouse. This was between ten and eleven o'clock, and there were
from two or three thousand persons present at that time. I did not see
William Osborne doing anything at that time. I had some conversation
with him. Knowing him to be one of the neighbours I went up to him and
said, "Osborne, you had better be away from this; as there are so many
people exciting noise and confusion, by and bye, you may get sent to
prison." He did not make any answer to what I said. I did not see
Stephen Bennetts before the door was broken open; but I did see
Prudence Thomas before that was done. She was waving an instrument
called a paddle, commonly used for cutting up weeds. Some of the mob
at this time were addressing Mr. Blamey, Mr. MARRIOT, and others at the
window; while others were saying - "let us get into the stores; there's
flour there and we will have it if he won't come to our proposals."
Prudence Thomas was then from eight to ten feet from the stores, and
there was a throng of people close by the stores. There had been a
conversation between the crowd and Mr. Blamey before this time, and
Prudence Thomas was present. They wanted for Mr. Blamey to sell his
flour for 50s. a sack. He said he could not do it; he said - "I have
fallen the flour now more than I can afford to do it, and if you won't
believe me you may see my invoices." He then tied some invoices to a
cord, and let them down to be shown to the people. Mr. Blamey did not
come out of the house, as he was persuaded not to do so. The crowd
were not satisfied with this, but said, "you raise your flour, and we
don't tell you when to raise it, and why won't you fall it?" When he
refused to fall the flour they said they would have it. After this a
rush was made at the warehouse door, and a cry raised of "there's flour
there, and we will have it." The door was broken open by a sledge or
smith's large hammer. The constables attempted to interfere, and I did
for one. I got within four feet of the door, but was prevented from
getting at it by sticks and kicks. I did not see anything of Stephen
Bennetts at that time. Before the door was entirely gone open I was
called into Mr. Blamey's by Mr. Marriott to see if I could recognise
any of the party, and I saw the door broken open from the up-stairs
window. After it was broken open I saw Stephen Bennetts truck out
three sacks of flour, and Prudence Thomas was then standing just by the
side of the doorway. He trucked the flour out into the turnpike road,
and then turned the sacks over into the road. The greatest part of the
flour was taken away when I came to look at the sacks again. I did not
see Ann Roberts for the day, but I saw Mary Ann Craze at Pool; that was
a considerable time after the door was broken open whilst the crowd
were carrying away, and the military were brought up by the
magistrates. William Osborne was there when the military came up.
When there was a report that the military were coming Osborne was about
thirty feet from the stores, and he said to the people before him,
"Don't be afraid, push on, they can't hurt us for we've plenty of
powder with us." I have seen powder in bottles and cans carried by
miners. I saw two bottles with some of the crowd, but cannot say that
they contained powder; they might have contained porter or spirit. I
was sworn in specially on this occasion. I did not see any case or
bottles of power with Osborne or any of the prisoners.
MARTIN WILLIAMS, a police officer living at pool, HENRY STEVENS, a
carpenter living at pool, and sworn in as a special constable on the
4th of June, RICHARD MILDREN, a servant to Mr. Blamey, and his wife
ELIZABETH MILDREN, Mr. J. P. MAGOR, a magistrate, STEPHEN PRIDEAUX,
policeman at Camborne, all gave evidence, after which Mr. Stokes
submitted to the court that the indictment was bad by reason of
multiplicity, it being shown by the evidence that the prisoners were
chargeable with different felonies committed at different times and
several such distinct felonies would not be laid in the same
indictment. His friends on the other side must therefore now elect on
which felony they would rely, and in respect to that particular taking
they must connect all or some of the prisoners. The prisoners might
have been indicted separately, but the offences could not be all
jumbled together as one felony in the indictment as they had been.
The Chairman decided that the case should go to the jury, and Mr.
Bennallack then proceeded to address them on behalf of his clients. He
contended that there was not sufficient evidence to convict either of
them of the greater offence of breaking and entering charged in the
indictment; and considering the jumble of felonies all placed together
he did not consider it would be safe to return verdict against the
prisoners on either of the counts. Mr. Stokes addressed the jury for
Mary Ann Craze, and again spoke of the inconsistency of the indictment
in charging this girl with breaking and entering, when in fact she was
not present at the time. He could not contradict the evidence given
that she had the tea; she did what was undoubtedly wrong, but the
action on her part was that of a simple-minded girl who was led away
and excited by the clamours of a furious mob, so as not at the time to
be the mistress of her own mind. He further contended that when
parties were guilty of a riot they ought not to be indicted, as in the
present instance, for felony. ALEXANDER EUDY and JOHN THOMAS were then
called to give evidence of the good character of Mary Ann Craze and her
family; and SUSAN TENBY was called by Mr. Bennallack to give evidence
of the same kind with respect to Stephen Bennetts.
The Chairman then summed up the case to the jury. With regard to what
had been said as to charging so many felonies in the same indictment,
he considered that the breaking and entering afforded facilities for
the stealing that afterwards took place within a short space of time,
and then formed one continuous act, which might altogether be laid in
one indictment. Larceny was defined to be a wrongful or fraudulent
taking or carrying away the personal goods of another from any place,
with the felonious intent of converting them to the taker's own use,
without the consent of the owner. It might be said that some of these
parties did not intend to benefit themselves. One of the prisoners had
wheeled out the sacks, and allowed others to take them away, but he
might state that the offence was the same as the eye of the law as if
the man had taken away a portion of the stolen property himself. He
proceeded to remark upon the evidence in a very clear manner, stating
that it would be for the jury to consider first if the prisoners at the
bar were guilty of breaking and entering, and if not, whether they were
guilty of stealing. The jury, after about fifteen minutes'
deliberation, Acquitted William Osborne, but found all the other
prisoners Guilty upon the second count charging them with larceny.
They strongly recommended Mary Ann Craze to the mercy of the court.
Mr. Blamey also recommended this prisoner to the mercy of the court,
stating that he had known her father for a number of years, and there
was not a quieter or more honest man in the neighbourhood.
In passing sentence on the prisoners, the Chairman said - you have been
convicted of stealing flour, the property of Mr. Joel Blamey. You,
Stephen Bennetts were seen to take flour and draw it out on a truck
immediately after the door was broken open, showing a recklessness and
violence in your conduct which the Court cannot but mark. The jury in
the exercise of the discretion (and I do not find fault with that
discretion) found your guilty of the lesser offence, otherwise,
probably, you would be visited with a greater punishment. The sentence
of the Court is that you be Imprisoned and kept to Hard Labour in the
house of correction for Eight Calendar Months. Prudence Thomas, your
conduct has been marked with such a degree of violence, as this Court
cannot but show its abhorrence of; it was marked with all the
irritation and violence of an infuriated woman, and probably to such
women as you the great excitement on such occasions may be attributed.
Let me entreat you to abandon such practices, and I hope that where you
are consigned you may derive information that may be blessed to you in
after life. The sentence of the Court is that you be Imprisoned in the
house of correction for Six Calendar Months and kept to Hard Labour.
Ann Roberts, we know nothing to your discredit before this offence,
when you unhappily mixed yourself up with others in crime; and if any
one had told you, when at your morning breakfast, of that which you
were led into before the evening, you would probably have been much
shocked. You did not consider how the stream runs; and you begin by
little and little until at last you find yourself with a number of
persons who are a great discredit to be mixed up with. The sentence of
the Court is that you be Imprisoned for Three Months and kept to Hard
Labour. Mary Ann Craze, you belong to a respectable family, but I am
sorry to say that on this occasion you have sadly disgraced it. Let me
advise you for the future no longer to mix up in affairs of this kind,
indeed I hope and trust that we shall hear no more of such affairs.
The sentence of the Court is that you be Imprisoned for Three Calendar
Months and kept to Hard Labour.
ELIZABETH STEPHENS, 35, and ELIZABETH NICHOLLS, 60[?], were then placed
at the bar indicted for having assembled, with divers other
evil-disposed persons, at Redruth on the 4th of June last, and excited
a riot. Mr. Darke stated that in this case the prosecution proposed
not to offer any evidence. The parties were seen in the early part of
the day in conjunction with the riot and exciting the mob; but there
was no evidence to show that they were connected with the riot at the
time of the greatest violence, and probably the parties seeing their
error, had left the rest of the mob to their own proceedings. The
Chairman, addressing the prisoners, said - You should duly appreciate
this kindness towards you, and when you return to Redruth take care
that any violent feelings you may have manifested be no longer indulged
in; for depend upon it you and others will find from time to time that
the law is too strong for you. Every one laments the late pressure
which many of the poor have been subjected to, but however great that
pressure you must not break the law in order to relieve yourselves.
You are now Discharged through the kindness of the prosecution.
WILLIAM OSBORNE, 26, the same prisoner who had been acquitted on the
charge of felony at Pool, was then indicted for assaulting WILLIAM
NICHOLL, a constable of Redruth, whilst in the execution of his duty.
A second count charged the prisoner with resisting the constable, with
the intent of preventing the lawful detainer of THOMAS MEDLIN and
WILLIAM DODSON; and a third count charged the prisoner with a common
assault. Mr. Bennallack, who appeared for the prisoner, insisted upon
the right of the latter to traverse over until the next session, as he
had not been twenty days in custody. The Clerk of the Peace said that
in that case the prisoner would have to find sureties; and eventually
he agreed to be tried at once. Mr. Darke then stated that on the 4th
of June the constable was going to the scene of the riot at Pool, with
Mr. Magor, the magistrate, when they met two boys carrying flour, whom
Mr. Magor gave in charge to Nicholl. The constable put them in Wheal
Agar account house and locked the door; but in a short time afterwards
a large number of miners came from Pool, and demanded the release of
the prisoners, Osborne being the foremost of the mob. Nicholl refused
to give them up, upon which the mob assaulted him with stones, and
blows were made at him; the door of the account house was forced open,
and the boys released. Although he could not prove that Osborne struck
either of the blows that were struck, yet the law was that any who were
present at the time in any way assisting in the assault were as guilty
as the man who actually struck a blow. He then called -
WILLIAM NICHOLL, who said - I am a constable of Redruth, and was going
towards Pool on the 4th of June last. About four or five hundred yards
before entering Pool, I saw William Dodson and Thomas Medlin, having
flour in a sack, and Mr. Magor directed me to take them into custody,
which I did. I took them to Wheal Agar account house, and when I saw
parties coming down I locked the door. Three or four females came
first, but in ten minutes afterwards about one hundred men came down,
headed by the prisoner Osborne. I locked the door and came outside,
and the mob came up to me. Osborne was the first who spoke, and he
said to me "you deliver up those two boys." I said I was a constable
and could not. He said - "then d---n your eyes we will tear the
account house down." I said "I don't know what you may do by violence
I shall not give them up." He then jumped forth and gave the door a
kick, but it did not go open. I then received blows from different
quarters. One struck me with a shovel on the shoulder, another on the
eye with his fist, and several stones were thrown at me. Osborne was
present, but I cannot say positively that he struck me. I said I shall
mark you, and I then walked away with the key in my pocket. Among
other things there was a shovel thrown at me, and all of it was done in
about three minutes. The witness was Cross-Examined by Mr. Bennallack,
who attempted to show that he had not proper authority to take the
prisoners into custody, and that he had charged other men with having
assaulted him.
ALEXANDER EUDY, agent of Wheal Agar, said - I was at the mine when the
constable brought the two boys Dodson and Medlin there. About a
quarter of an hour after they were put into the account house I saw a
crowd coming of about one hundred men. They stopped about twenty yards
off and gave three hurrahs. I went out to meet them, and parties met
me about ten yards off. Osborne was one of the leading men, and he
lifted his hand against me and said "I'll knock you down if you don't
let the prisoners out." Several of the men had large sticks and lifted
them against me, and I told them they had better not strike me. One of
the party took a large shovel and attempted to strike me, but one of
the labourers caught the shovel, and said you had better not strike the
captain, as he has nothing to do with it. They could not open the
account house door, and insisted upon my opening it; and a party of
them with sticks knocked in five panes of glass. They returned again,
gave a smart kick, and broke in the door. Osborne was with them when
the door was broken in, but whether he struck it or not I cannot say.
When the door was broken in the prisoners rushed out, and the whole
party then left the place.
Mr. Bennallack then addressed the Court submitting that the boys had
been illegally detained, and that the first count for assault upon a
constable in the execution of his duty must therefore be abandoned.
The same would apply to the second count, and as to the third it had
not been proved, that Osborne ever struck Nicholl. He submitted that
the evidence ought not to go to the jury. The Court, however, decided
otherwise, and Mr. Bennallack then addressed the jury for the
prisoners, after which he called as witnesses MARY ANN MILL and
ELIZABETH SINCOCK endeavouring to show by their evidence that the
prisoner was at another place about the time that the attack was made
upon Wheal Agar account house. The Chairman, in summing up, said there
could be no doubt that if a magistrate saw a felony committed, or had
reason to believe that a person was in possession of stolen property,
he is perfectly justified in detaining that individual, or in directing
a constable to detain him. Mr. Bennallack had said that the constable
could not act out of his parish, but by a recent act he is constable
for the whole county, and under particular circumstances he may go
further. He then commented upon the evidence, and the jury returned a
verdict of Guilty upon the first count for assaulting the constable in
the execution of his duty. In passing sentence upon the prisoner, the
Chairman said - William Osborne, you are convicted of assaulting
William Nicholl, a constable, while in the execution of his duty. From
the violence of your character, you thought proper to join with a large
party to release two lads from the hands of justice, and you now see
the result. It is the imperative duty of this bench to support the
law, and those who are called on to execute it, and it is because of
this that we are obliged to mark such offences as yours with severity.
You are young in years, able in body, and I am quite sure capable of
maintaining yourself in respectability and credit. I hope that at the
expiration of your confinement, you will return home and endeavour to
conduct yourself peaceably, for I fear that one feature of your
character in that you are of a violent temper. The sentence of the
court is that you be Imprisoned for Nine Calendar Months in the House
of Correction and kept to Hard Labour.
WILLIAM OSBORNE, STEPHEN BENNETTS, PRUDENCE THOMAS, ANN ROBERTS, and
MARY ANN CRAZE, who had been convicted of larceny, were then placed at
the bar, an indictment for riot at Pool on the 4th of June having also
been preferred against them. Mr. Darke stated that the prosecution did
not intend to offer any evidence on the second indictment, there being
not the slightest wish on their part to resort to anything like
vindictive measures. Under the direction of the Chairman a verdict of
Not Guilty, on this indictment, was returned by the jury, who were then
discharged, with the thanks of the county for their services.
SECOND COURT - Thursday, July 1, before (COLMAN RASHLEIGH, Esq.) -
WILLIAM HICKS, 19, was charged with stealing, on the 30th of April, at
Poldice mine, in the parish of Gwennap, six miner's candles, a small
key, and sixpence, the property of ELIJAH MANUEL. This prisoner was
placed at the bar on the previous Wednesday, but was acquitted on
account of the prosecutor's name being spelt in the indictment Mannel
instead of Manuel. A fresh indictment had therefore been drawn against
the prisoner, in which the error was rectified. Elijah Manuel stated
that on the 30th of April, he went to his work at Poldice mine, at
seven o'clock in the morning. Before going underground he went into
the changing house, where he left his clothes, there being in his
watch-pocket a key and sixpence. There was a chest in the changing
house, in which he had some candles, and he took four or five of these,
leaving six or seven behind. On coming up from his work, about one
o'clock, he found that some one had been in the changing house, had
stolen the key and sixpence from his pocket, and all the candles from
the chest, with the exception of one, which was broken. When
prosecutor left the changing house in the morning he put the key of the
door between the door-post and the wall, in a secret place, and he
found it there when he came from his work. From further evidence it
appeared that prisoner was seen near the place by WILLIAM CLEMOE, a
miner of Wheal Unity, and that on the same morning he sold candles to
Mr. HAMLYN, a grocer at St. Day. Mr. Hamlyn said that miners were in
the habit of coming to him to sell candles. Hicks was afterwards taken
into custody by DOWNING, a constable, to whom he gave two keys, one of
which was identified by the prosecutor as being his property. Prisoner
stated that he got the candles from Consols mine, and afterwards he
said from East Wheal Crofty, where he had worked, but both these
statements were found to be untrue. Verdict, Guilty, and a former
conviction for felony was proved against the prisoner. Sentence, Seven
Years Transportation.
ELIZABETH MAYNE was charged with stealing on the 13th of May, at St
Agnes, 3s. 1d. from the person of ELIZABETH SAMPSON, the property of
JOHN SAMPSON. Elizabeth Sampson, a little girl eleven years old, gave
her evidence in a very intelligent manner, stating that her mother sent
her to market with 8s. 2d., which was tied up in a little bag, and
placed in a basket. About 100 yards from her mother's house, the
prisoner met her, caught away the basket, and took 8s. 1d. of the
money. Verdict, Guilty; and former convictions for felony were proved
against the prisoner in 1835 and 1846. She was sentenced to be
Transported for Ten Years.
THOMAS MUNDAY, 39, was indicted for having, on the 23rd of April, in
the parish of Illogan, feloniously broken and entered the dwelling
house of JOHN ANGOVE, and stolen therefrom a quantity of pork, mutton,
and beef, his property. Mr. ROSCORLA[?] for the prosecution called Mr.
Angove, who stated that he kept an hotel at Portreath, and on Friday,
the 23rd of April, he had a pig and a half brought to his house, which
was put in pickle in the dairy, a building attached to the hotel, but
having no internal communication with it. The outer doors, however, of
both hotel and the dairy opened into the same courtlage. Witness
closed his house before eleven o'clock, and on coming down the
following morning he discovered that the courtlage and dairy doors had
been broken open, and from the dairy there had been stolen about
112lbs. of pork, 10lbs. of mutton, 15lbs. of lard, and 2lbs. of beef.
KITTY GEORGE, cook at the hotel, proved that she locked the dairy door
about nine o'clock on Saturday evening, and on Sunday morning about six
o'clock, she discovered that the place had been broken into and the
meat stolen. JOHN ROGERS, a boy, deposed to seeing some pork, on
Sunday the 25th of April, hidden away by the side of a hedge at
Nancewoods, in the parish of Illogan. It was partly covered with a
woollen shirt, and he told a policeman of it. MARTIN WILLIAMS,
policeman of Illogan, knew the prisoner, who was a labourer working at
Portreath basin. He went to Nancewoods with the last witness and found
a quantity of pork in a woollen frock, and in the fob of the frock was
a small piece of a check shirt, the end of which appeared to have been
[...ged?] He produced a check shirt belonging to prisoner, from which
a piece had been taken away, and the piece found in the fob of the
woollen frock fitted to the check shirt being also of the same texture
and degree of [w..t?] WILLIAM FOLLY worked with prisoner at Portreath
basin On Friday, the 25th of April, prisoner asked him to give him a
light for his pipe, and tore off a piece of his shirt, which he gave to
witness, who lighted it and then passed it to prisoner. After prisoner
had lighted his pipe with it, it was handed to another man, but
prisoner afterwards had it back, and witness saw him put it in the
bosom of his woollen frock. The piece was exactly like the piece with
which he lighted his pipe. On Friday night, the 22nd of April, witness
was drinking at Mr. Angove's house, with prisoner and four other men.
They left about half past ten, and were going home together, but after
walking about one hundred yards, witness looked back and saw that the
others were not coming after him. He then went back again to Mr.
Angove's door, which he found was shut. A witness named TONKIN, who
also worked at Portreath basin, swore to the flannel dress produced, as
being that which the prisoner had been wearing at his work. Verdict,
Guilty; and a former conviction for felony, at the Assizes in March,
1846, was proved against the prisoner. Sentence, Ten Years'
Transportation.
The Chairman said that the arrangements hereafter to be made by
Government may be such as to enable those who were transported to
acquire respectability and comfort at least, if not an independency in
another part of the world. But the event would entirely depend upon
their conduct, and he would impress this particularly upon all the
convicts, as upon their future good conduct would depend their future
prospects.
WILLIAM CHYNOWETH, 46, pleaded Guilty of stealing, on the 25th of
April, in the parish of St. Agnes, two fowls, the property of HENRY
RICKARD. The prisoner also admitted that he had been convicted of
felony in March, 1846, and was sentenced to Seven Years'
Transportation. SAMPSON BARKELL, who was found Guilty on the same
charge, was sentenced to Three Months' Hard Labour.
JOHN COCK, 36, was charged with stealing, in the parish of Budock, a
bag containing a quantity of rope and other articles, the property of
GEORGE CROKER FOX, and others. Mr. GENN, for the prosecution, called
JOSEPH OLVER, who had been employed with a man called PORTER, to watch
a house on the set of Swanpool mine, in which some mining materials
were kept. While watching, about seven o'clock in the evening of the
22nd of June, Olver heard some one in the house chopping, and soon
after a man came out through a hole in the wall, looked about, walked
up and down, and then pulled a bag from the hole. Olver jumped over
the hedge from his concealment, and called to Porter, to take the man,
he being the nearest to him. The fellow ran some distance, and then
dropped the bag; but he was pursued further, and captured by Porter.
In the bag were found a pick, borer, three iron rings, and piece of a
whim rope, which Mr. SECCOMBE, purser of Swanpool, proved belonged to
the adventurers of that mine. Verdict, Guilty. - Two Months' Hard
Labour.
DANIEL TAPE, jun., 15, was found Guilty of stealing, on the 11th of
April, at the parish of Moorwinstow, five eggs, the property of Mr.
LAWRENCE ASHTON. One Week's Hard Labour.
THOMAS COWLING, 35, was indicted for stealing, on the night of the 22nd
of April, in the parish of Poundstock, three pieces of oak, and one
piece of elm timber, the property of EDWARD SHEARM. RICHARD WOODMAN, a
carpenter employed on Mr. Shearm's farm in the parish of Poundstock,
deposed that on his leaving work on the evening of the 22nd of April,
there were left on the ground the pieces of timber above mentioned.
Next morning they were gone, and witness went with GODDARD, a policeman
of Stratton, to search prisoner's house, where they found the pieces
that had been stolen. Witness identified the timber as being Mr.
Shearm's property, and Goddard and WOODLEIGH, a mason, being also
called to give evidence, the prisoner was found Guilty. There was
another indictment against the prisoner on which no evidence was
offered. Four Months' Hard Labour.
NICHOLAS ANDREWS, 46, was charged with stealing, on the 14th of April,
in the parish of St. Cleer, a quantity of hay, the property of JOHN
SNELL. Mr. CHILDS called the prosecutor, a farmer in St Cleer, who
stated that on the morning of the 14th of April, he observed hay on the
gate-place of his farm yard. He went to prisoner's house the same day
and found hay in the barn, which was of the same description as that
taken from prosecutor's rick. WILLIAM JURY deposed that he traced hay
from prosecutor's gate to prisoner's house; it was clover and ever; he
picked up portions and compared it with what he found in prisoner's
barn, and it was of the same description. There had been rain the
night before, but the hay about the road was dry, showing that it had
been carried in the morning. After prisoner was taken into custody by
JOSEPH MOON, an assistant to Mr. DAW, constable at Liskeard, he said it
was a bad job. Mr. STOKES on behalf of the prisoner, contended that
the evidence was too inconclusive to convict upon; and the jury, after
a long consultation, returned a verdict of Acquittal. The same
prisoner was then charged with stealing, on the 3rd of April, in the
parish of St. Ive, a quantity of wheat and oats, the property of THOMAS
NATTLE. On this indictment he was found Guilty - Six Months' Hard
Labour.
JOHN PRAED, 66, MARIA PRAED, 60 and CAROLINE PRAED, 20 were indicted
for keeping, at Redruth, a common, ill-governed, and disorderly house.
After hearing the evidence, which is unfit for publication, the jury
returned a verdict of Guilty against the prisoners. John and Mary
Praed were sentenced to Four Months' Hard Labour, and Caroline Praed to
Two Months' Hard Labour. The Chairman remarked upon the shameful
conduct of the two elder prisoners, who had been living upon the
prostitution of their daughter.
FRIDAY, JULY 2 - JOSEPH CULLIS, 17, was indicted for an assault, with
intent, &c. on Elizabeth Treloar. The prosecutrix was a respectable
looking young woman, and lived with her uncle, at Porth, in the parish
of St. Blazey. The prisoner was a young man, employed at the Par
Smelting Works; and it was near this place that the assault took place,
about ten o'clock, in the night of the 22nd of May last. There was no
doubt of an assault having been committed on the prosecutrix, nor of
her being a well conducted young woman. She was also quite positive
that the prisoner was the person who committed the assault; and, in
this she was corroborated by witnesses who saw him near the spot, just
before and after the occurrence, one of these witnesses, a little girl,
having seen him speak to the prosecutrix. Two other witnesses,
however, who alarmed by the cries of "murder", from the prosecutrix,
ran towards the spot where she was, thought that the young man whom
they met coming from that place, was taller and stouter than the
prisoner. An alibi was also set up for the defence, and the jury gave
credit to the evidence of some of the evidence in its support,
corroborated as it was, to some extent by the evidence of some of the
witnesses for the prosecution, and gave a verdict of Acquittal.
JOHN BURROWS was indicted for obtaining money by false pretences, from
WILLIAM KNIGHT, with intent to defraud the said William Knight. Mr.
STOKES conducted the prosecution; Mr. SHILSON the defence. The
prosecutor and prisoner were butchers, at Truro and it appeared that
about the latter part of April, [.........?] having declined keeping
the [............?] Knight agreed to allow him some remuneration on his
making purchases for him. A few days afterwards Burrows told Knight
that he had bought of a Mr. WEARNE, a farmer at Ponsanooth, two lambs
at a guinea each, and two sheep at 7 1/2 d. per lb.; and also a calf
for GBP1. 6s. from a neighbour of Wearne's. On the 6th of May, Knight
and Burrows went to Ponsanooth, and when arrived there, Burrows went
along to Wearne's farm, and returned to Knight, saying that he had seen
Mr. Wearne's hind, who said he would deliver two sheep and two lambs on
receiving GBP6. 12s. Knight then handed this sum to Burrows, and also
GBP1. 8s. to pay for the calf bought of a neighbour of Wearne's;
Burrows promising to meet Knight, with the calf, at the seven mile
stone. The hind, it appeared, took the sheep and lambs to Knight at
the seven mile stone, by Burrow's directions; but as Burrows had
instructed him, refused to let them go without receiving payment from
Knight. Burrows himself did not return to Knight, and Knight had never
received from him the sheep, lambs, and calf, for which he had let him
have the money. In Cross-Examination, Knight admitted that in February
last, he bought a lot of furniture of Burrows, which was valued at
GBP8. 0s. 6d.; of which sum Knight had paid GBP2. 13s. by instalments.
On the evening of the 6th of May, Knight went to the Seven Stars to try
to get back his GBP8 from Burrows; but Burrows sent out a message to
Knight, claiming to be paid his own debt out of the GBP8, and offering
to pay the balance of account between them. This offer was refused by
Knight, who said he knew nothing about any balance, but he wanted his
own money back to lay out for market. It was proved by Mr. Wearne,
that in the latter end of April, Burrows bought of him six lambs at a
guinea each, and that he paid for them, and took them away about three
weeks since. For the defence, it was alleged by Mr. Shilson, that the
evidence for the prosecution afforded no proof of any fraudulent
intent; there was evidence of prisoner having obtained the money by
false pretence, but it was not shown that this was done with intent to
defraud the prosecutor, it was merely to compel payment of a debt due
to him from the prosecutor. The same point was prominently put to the
jury by the Chairman, in summing up; and the jury immediately returned
a verdict of Acquittal.
THE REDRUTH DISTURBANCE - GEORGE STAPLETON, JAMES JEWELL, JOHN JONES,
MARY TIPPETT, JANE TRENGOVE, MARIA FLOYD, and WILLIAM FRANCIS, were
indicted for unlawfully and riotously assembling on the 4th of June, in
the parish of Redruth, disturbing the public peace, and making an
assault on JOHN CHARLES LANYON and JOHN PHILLIPS ROGERS, constables in
the execution of their duty. The prisoners were also indicted for
common assault on the same parties. Mr. Shilson for the prosecution,
stated that as these prisoners had, yesterday, been convicted of felony
in the other court, the prosecutor in the exercise of his discretion,
now moved the court to be permitted not to offer any evidence on the
present indictment. The Chairman then directed a verdict of Acquittal.
SATURDAY, JULY 3 - The prisoners were sentenced this morning by J. K.
LETHBRIDGE, Esq., chairman, and the following are the sentences of
those whose trials we reported last week -
CHARLES VENNICOMBE, Four Months' Hard Labour.
MARK MORCOM, Six Months' Hard Labour.
ROBERT SPRY REED, Six Months' Hard Labour.
WILLIAM HAMLEY, Twelve Months' Hard Labour.
HENRY CUNDY, Nine Months' Hard Labour.
FRANCIS ADAMS, Nine Months' Hard Labour.
JAMES MARTIN, (second conviction) Seven Years' Transportation.
JAMES GILL, Three Months' Hard Labour, with One Week's Solitary
Confinement.
JAMES MILLER, Two Months' Hard Labour.
JANE TREMAIN, Two Weeks' Hard Labour.
JOHN HONEY, One Week's Hard Labour.
MARY WILLIAMS, One Month's Hard Labour.
JOHN JEFFERY, (second conviction), Twelve Months' Hard Labour.
MATTHIAS THOMAS LOMBE, Four Months' Hard Labour.
JOHN HENRY THOMAS, Four Months' Hard Labour.
THOMAS HARRIS, jun., (second conviction) Ten Years Transportation.
JOHN GROSS, Six Months' Hard Labour.
CHARLES BURNETT, Six Months' Hard Labour. The Chairman said the court
was determined to mark the plundering of changing houses with some
degree of severity on account of the circumstances under which these
robberies were generally committed.
PHOEBE HARVEY, One Month's Hard Labour.
CHRISTIANA RODDA, Eight Months' Hard Labour.
SAMUEL BLOUCHER, Twelve Months' Hard Labour.
RICHARD EVAL, (second conviction), Seven Years' Transportation.
ELIZABETH HOLLOWAY, Two Weeks' Hard Labour.
APPEALS - The following appears were heard by the Court, J. K.
Lethbridge, Esq., Chairman:- Creed, Appellant, Mr. SHILSON; St. Mary's
Truro, respondent, Mr. HOCKIN. This was an appeal against the removal
of THOMAS WILLIAMS, his wife, and three children from respondent to
appellant parish. Order quashed by consent, with GBP5 costs, and GBP7
for maintenance.
St. Stephens by Saltash, appellant, Mr. HOCKIN, Mr. DARKE, and Mr.
PEDLER; borough of Saltash respondent, Mr. SHILSON and Mr. CLEVERTON.
Appeal against the removal of RICHARD WITTICOMBE, his wife, and son
from respondent to the appellant parish. Order confirmed; costs GBP15;
maintenance not ascertained.
Appeal against the removal of RICHARD HELLAND and MARY his wife from
Saltash to St. Stephens by Saltash. Order confirmed; common costs,
maintenance not ascertained.
St. Stephens by Saltash, appellant, Mr. Hockin; Saltash, respondent,
Mr. Shilson. In this case an order had been made for the removal of
pauper called RAWLINGS to St. Stephens by Saltash, and the respondent
parish moved to quash their own order. No maintenance.
Breage, appellant, Mr. Shilson and Mr. Childs; Ludgvan, respondent, Mr.
Hockin and Mr. Darke. Appeal against an order for the removal of JOHN
GILBERT, from Ludgvan to Breage. Order quashed; maintenance GBP3,
common costs.
Wendron, appellant, Mr. Shilson and Mr. Childs; Marazion, respondent,
Mr. Darke and Mr. Hockin. Appeal against an order for the removal of
EDWARD ROGERS and family from Marazion to Wendron. Order confirmed;
maintenance 12s.
Marazion, appellant, Mr. Shilson and Mr. Childs; Mawgan in Meneage,
respondent, Mr. Hockin and Mr. Genn. Appeal against the removal of
PRISCILLA CLATWORTHY and five children from respondent to appellant
parish. Order quashed; no maintenance.
St Anthony, appellant, Mr. Hockin and Mr. Childs; Constantine,
respondent, Mr. Shilson and Mr. Genn. Appeal against an order for the
removal of JAMES WILLS from respondent to appellant parish. Order
confirmed; no maintenance.
During the hearing of the appeals, the Rev. PHILIP VYVYAN ROBINSON took
the usual oaths on being appointed to the livings of Landewednack and
Ruan Major.
9 JULY 1847, Friday
FROM THE LONDON GAZETTE - Tuesday, June 11. Partnership Dissolved.
EDWARD TREWBODY[?] CARIJON[?] and PETER COCK, Truro, attorneys.
Friday July 2. Partnership Dissolved. JAMES WISHLED[?] PHILLIPS and
JOHN NANCARROW, of Redruth, cabinet makers.
SEASONABLE BENEVOLENCE - On Wednesday last, W. BOLITHO, Esq., of
Chyandour, Penzance, distributed GBP20 worth of flour and pressed
pilchards, to the poor of the neighbourhood of St. Just, where he is
now residing.
CUSTOMS - Mr. JOSEPH BARRETT, jun., who was recently promoted to the
comptrollership of the port of Woodbridge, Suffolk, has again obtained
another promotion, in consequence of the Lords of the Treasury having
been pleased by their order of the 28th ult., to direct the raising of
that port in the classification, from a supernumerary to one of the
sixth class.
FOWL STEALING - In our report last week of the [.....sh?] at the
sessions, it was stated that THOMAS MOORE was acquitted on a charge of
stealing a fowl, the property of Mr. MATTHEW GEORGE PAINTER, of
Chacewater. The name of the prisoner, as given in our report, was
copied from the printed calendar of prisoners; but we have been
informed, upon good authority, that Moore, and that Thomas Moore, of
Chacewater, is a strictly honest man, and of irreproachable character.
ROBBERY - On Sunday evening last, the dwelling house of Mr. JOHN
TREWIN, carpenter, of Tippet's shop, in the parish of Veryan, was
entered while the family were at the Methodist chapel, and after
breaking open several boxes, the thief (who is not known) carried off
about GBP4 in cash.
CALLINGTON - On Monday last, three men named WILLIAM PEARSE, JAMES
LUCAS, and WILLIAM BULLEN, were brought before the county magistrates,
charged with stealing cabbages and onions from the garden of Mr. JOHN
SHORT, at Norwood, in the adjoining parish of St. Ive; and after a
patient hearing of the case, were each fined 40s. and costs, or one
month's imprisonment. Security for the payment of the fines was given,
and the men were discharged.
SERIOUS ACCIDENT - On Wednesday week, a boy ten years old, the son of
Mr. JAMES ROBERTS, of Gulval, farmer and market gardener, while amusing
himself by turning a chaff-cutting machine, unfortunately got his hand
entangled, and cut off two of his fingers, which brought on lockjaw,
and the poor little fellow now lingers in a very precarious state -
little or no hope being entertained of his recovery.
CORONERS' INQUESTS - The following inquests have been held by W.
HICHENS, Esq., Coroner, since our last report:- On the 3rd instant, in
the parish of St. Just in Penwith, on the body of HUGH WOOLCOCK, aged
about ten years, who accompanied his father from his home to Mellancer
Smelting House, in St. Erth, with a cart load of the stuff, on the 30th
of June.
On the same day, in the parish of [.ennen?], on the body of NICHOLAS
NICHOLAS, aged about seven years, who met with his death by
inadvertently, containing a large quantity of a solution of bark, which
had been that day prepared for barking a fish seine. The top of the
furnace was on a level with the barking loft, and it appeared according
to the lad's own statement after the accident that he quite forgot that
the furnace was there, and walked into it without seeing where he was
going. He died the following day. Verdict, accidental death.
CORNWALL MIDSUMMER SESSIONS - Tuesday July 1, Before J. K.
LETHBRIDGE, Esq. THE REDRUTH RIOTERS - GEORGE STAPLETON 21, JAMES
JEWELL 19, JOHN JONES 19, MARY TIPPETT 52, JANE TRENGOVE 48, MARIA
FLOYD 29[?], WILLIAM FRANCIS 23, and JOHN WILLIAMS 17, were indicted
for breaking and entering the warehouse of WILLIAM WARMINGTON, in
Redruth, on the 4th of June, and stealing therefrom ten sacks of flour,
the property of THOMAS HEYNES. There was a second count stating that
the warehouse was the property of Thomas Heynes. (This court, however,
was abandoned before the defence of the prisoners was opened, there
being no proof whatever, in the case for the prosecution, in its
support.) In a third count, the prisoners were charged with simple
larceny, for stealing the flour. The prosecution was conducted by Mr.
DARKE and Mr. HOCKIN; Mr. BENNALLACK defended the prisoners, Jones,
Floyd, and Trengove, Mr. STOKES defended Mary Tippett. Mr. CHILCOTT
defended Francis. The prisoners Stapleton, Jewell and Williams, were
undefended; but the case was most carefully watched on their behalf by
the chairman; and we may also add, that they received occasional
assistance and counsel from the advocates retained by the other
prisoners. Mr. Darke stated the case to the jury; relating, in the
first place, the circumstances of the disturbance at Redruth on the 4th
of June, so far as they led to, and were explanatory of, the present
indictment against the prisoners, which it will be observed, did not
include the charge of riot. He also briefly explained to the jury, the
law bearing on the subject of the indictment, stating that every one
aiding, abetting, or assisting in the commission of the offence, was as
guilty as the person who broke open the door, and he who broke open the
door was as guilty of felony as the one who actually stole and carried
away flour. He gave an outline of the evidence as it would bear on
each of the prisoners; and then, anticipating an objection that the
whole affair was a riot, and that the prisoners ought to have been so
indicted, he said the facts he should prove, would undoubtedly prove
felony; and, if so, that felony could not be purged by riot; a felony
was not the less a felony, because it was committed by large numbers of
persons, and with great tumult and violence. The present case was that
of a riot for the express purpose of committing felony; and the parties
succeeded in effecting their purpose; and that being the case, they
were guilty of felony as well as riot, and were rightly charged under
the present indictment. Mr. Darke concluded his opening, with some
appropriate remarks on the duty of vindicating the law, against such
violent procedures as had lately been excited in this county. And it
was infinitely better, said he, that such a course should be adopted,
than that, for the preservations of peach and property, it should be
necessary to have recourse to so fearful a remedy as military force.
It was right that all persons should know and feel that the law cannot
be broken with impunity; and it was by the adoption of the course now
pursued in this indictment, that that would be effected, and that
riotous proceedings would be prevented in future. If such riotous
disturbances were permitted, where would be the safety for any man's
life or property? Murder might nearly have been committed on the
occasion now referred to; and, if it had been committed every person
who was there aiding and abetting, would have been as guilty in the
eyes of the law, as he who might have thrown the stone which caused the
death, and would have been equally liable to punishment. At the
request of the prisoners' advocates, all witnesses were kept out of
court, until severally called in for examination.
Thomas Haynes stated that he was a flour-merchant living at Redruth.
On the morning of the 4th of June, he had forty-nine sacks of flour,
part of a quantity he had received about a week before, in the stores
at Warmington's. About five o'clock in the afternoon of that day, he
went to the stores, and found a very large mob there. The stores were
not broken open when he came there. He used every effort to persuade
the mob not to do so. Saw the prisoners Stapleton and Jones there at
the time; and heard many of the crowd making use of expressions - that
they had found where the flour was, and would have it. He spoke to the
crowd, and told them that the flour actually cost more than it was then
selling for. It was a fact that his own flour there cost him 6s. a
sack more than it was selling for. The mob, however, contended that
all the flour merchants were rogues of the first order, and said they
were determined to take the flour. He then left, and went down to the
magistrates. He afterwards found that eleven sacks had been either
taken away or cut in pieces, and about ten and a quarter sacks of flour
had been taken. The flour was his property; the warehouse belonged to
Warmington, with whom he had an arrangement by which he was allowed to
keep flour there. In Cross-Examination by Mr. Bennallack, the witness
described the premises in question as consisting of one large building,
divided into three portions, two of which were occupied as stables by
Warmington, and the other as the warehouse. By Mr. Stokes. Had never
been in the wareroom until after the disturbance of the 4th of June.
By Mr. Chilcott. The place was merely a warehouse. Re-Examined. Went
to the stores on the 5th of June, and saw two or three sacks cut down
the middle, so that flour might have been taken out of them. Was then
confident that the cut bags, as well as the others in the store, were
his property. By the Court. Never saw those identical sacks till the
day after the riot. The consignor of the flour was TIPPELL, of
Norfolk, and the name of Tippell was on the bill of lading and,
according to usual mode of business, that name would be also on the
sacks, but witness did not himself see it; he did not see the flour
landed; but he received fifty sacks from Tippell, at Hayle, and they
were brought to Redruth, by railway, and carried to Warmington's
stores. (None of these facts were spoken to by witness, as of his own
actual knowledge, but only as in course of business. It will be seen,
that the want of positive proof of the property, by this witness was
subsequently made a point in defence.
William Warmington, was a carrier at Redruth, and employed entirely by
Mr. Heynes. His dwelling house was near the Association Chapel. There
was a small passage between his house and the chapel, leading to a
court in which were his warehouse and stables. On the 4th of June,
there were about twenty-eight sacks of flour in the warehouse,
belonging to Mr. Heynes. Had himself carried in these sacks there, and
stowed them away, by Mr. Heyne's directions. On the 4th of June,
witness had locked the door of the warehouse, and bolted the window
inside. The door was in two parts - upper and under; the upper part
was locked, and the under part bolted. Did not particularly observe
any name on the sacks he placed in the warehouse. Witness was in his
dwelling-house, facing the street about four or five o'clock in the
afternoon in question, and saw a mob go by his window towards the yard;
he remained in his own house till seven o'clock. The flour and sacks
in the warehouse were the property of Mr. Heynes. Cross-Examined by
Mr. Stokes. Was in the stores in the middle of the 4th of June: but
had not counted the sacks since they were brought in from Hayle, about
a fortnight before; but knew that the same quantity was remaining on
the 4th of June. By Mr. Chilcott. Witness's own shop was quite
distinct from the warehouse; the warehouse was a place merely for the
safe custody of goods for Mr. Heynes and himself. Re-Examined. After
the mob had left in the evening, he found that there were ten and a
quarter sacks of flour gone. Did not know how many sacks themselves
were gone. Some sacks had been taken away, and others cut, and flour
taken from them. JOHN CHARLES LANYON, examined by Mr. Hockin. Lives
at Redruth; and was sworn in a special constable on the 3rd of June.
Early in the morning of the 4th of June, a large mob began to assemble
in the town, and at three o'clock in the afternoon, there was not less
than 3,000 in one mass. About four o'clock, while the magistrates at
Andrew's hotel, were endeavouring to persuade the mob to separate,
witness saw about fifty steal off and go up towards the Association
chapel, and their numbers at that place, soon rapidly increased, by
Warmington's stores, near the chapel. Witness saw some hundreds there,
and among them at that time, he saw the prisoners Jewell and Jones. He
afterwards also saw Stapleton there; and the women, Tippett and
Trengove. The mob went towards the door of the storehouse. Witness
spoke to Jewell and Jones, telling them they would get themselves into
trouble, and entreating them to go away; but they began to be abusive
and swear at him saying, that there was flour there, (pointing to the
house), and they would have it out. Jewell said he was starving and
had been out of work ten weeks. Witness heard a man called WHALES say
to Jewell, "If you have not had any thing to eat to-day, here is
two-pence, and you may get a loaf of bread." Jewell took the
two-pence, put it in his waistcoat pocket, and said, "what good is
two-pence? If you'll make a collection and give me half-a-sovereign,
I'll go away." Immediately upon that Jones made some remark to Jewell,
which witness did not hear; but Jewell said in reply to it "No; I'll be
d-d if I go away; there's flour in the stores, and we'll have it out."
Then there was a rush of about forty or fifty persons to the door, and
an outcry of, "we'll have out the flour." Saw several persons rush to
a ladder, in front of the door, leading to an upper room; and there was
an evident disposition to go up the ladder; but some young man there,
seized the ladder, and threw it down on the ground. It appeared to
witness that they were intending to use it to push open the door.
Witness hastened away to the magistrates, and within ten minutes
returned with the magistrates and constables; the doors were then open,
and there was a sack of flour out in front of the door. The house was
filled with persons - principally women. At this time, Stapleton was
standing in front of the door with a large stick in both hands, lying
across his shoulder. The stick looked like such as are used for
trigging a cart on a hill. Jones and Jewell, also, were at this time
close by the door, and in a very excited state. Mr. CHIPMAN and
witness determined to take away the stick from Stapleton; Chipman,
made a rush at the stick; and witness seized the upper part of it, to
prevent Stapleton's striking Chipman. They succeeded in getting the
stick, and then went into the stores and cleared it of all the people
there. The woman Tippett was one of those thrown out; but she was
thrown back again. She had some flour in a bag in a basket. Witness
requested her to put it down; and when she refused, he laid hold of the
basket. She made her way out of the door, witness holding the basket,
and she fighting most resolutely. Witness finding he could not
otherwise succeed in getting her basket, struck her a blow on the back
of her hand, with a small pocket tipstaff. She screamed "murder"; and,
at that very moment, witness received a blow on the head with a very
heavy stick, which felled him senseless to the ground. Had seen Jane
Trengove in the passage leading up to the stores; but not in the stores
nor in the court. Saw Jones in front of the stores, and heard GEORGE
HICKS advise him to go home like a good fellow; but he swore at him and
refused. Witness, after being struck down, was taken into the stores,
and, afterwards had to escape at the back window; the constables there,
were obliged to leave the stores for fear of their lives; they would
have been sacrificed otherwise. While witness was lying on the ground,
he received a very severe blow on the hip from a kick or a stone.
Stones were throwing, while he held Mary Tippett's basket, and when he
was in the stores clearing out the mob. Cross-Examined by Mr. Stokes.
Believed that the blow he struck on Mary Tippett's hand, removed a
little of the skin. He struck her such a blow as he thought would make
her leave go the basket. It was not Mary Tippett who struck him with a
stick. Mary Tippett had been driven out of the store by Mr. Chipman,
and afterwards forced back again; this was before witness's struggle
with her for the basket. When she was thrown back, there was a little
exposure of her person. The bag she had in her basket was like the
ordinary bags that miners' wives get their weekly supplies of flour in.
Mary Tippett was a miner's wife; and it was market-day in Redruth when
this occurred.
The witness was here questioned by the undefended prisoners, Stapleton
and Jewell. Stapleton then positively denied that Chipman had struck
or kicked him, or taken a stick from him; and Jewell as positively
denied that he was in Redruth at all till much later in the evening;
saying that it was four o'clock before he came up out of Consols mine;
that he then went home and washed, and had a bit of dinner, and that it
was half-past five before he left his home at Gumpy to go to Redruth
Market, and then he was driven on by the mob. JOHN PHILLIPS ROGERS,
auctioneer, was sworn in special constable. He corroborated the
evidence of the last witness as to Jewell, adding that when the mob
were getting into the warehouse, Jewell was one of the very foremost,
crying "come on, come on." Stapleton was also there, at that time, but
not quite so incensed as Jewell. On seeing the mob rush to the door,
witness went away down to the hotel, to speak to the magistrates; and,
as he was going, could hear the [......?] breaking in the door, and saw
the stores [...ing?]; but could not see who broke open the door.
Witness, after going down to the hotel, returned to the stores with Mr.
MAGOR, and Mr. PASCOE, (magistrates) and Mr. Darke. Saw Stapleton
standing by the warehouse door, with a stick; and saw Chipman wrest the
stick away, and strike Stapleton over the shoulder. (Stapleton here
exclaimed, "you are a false man; it was not so.") There was then a bag
of flour outside the door; and several persons principally women, were
carrying away flour in aprons and bags; they were covered with flour.
Witness saw Mr. Lanyon struck down, and also saw a stone strike the hat
of Mr. Magor, one of the magistrates. The special constables could not
stand the shower of stones, and they ran into the warehouse. After
that, the mob threw stones as fast as they could at the door and
window, and attempted to regain possession of the warehouse. In
consequence of this violence, the constables got up into the loft,
whence some made their escape at a small back window, and others got
into a slaughter-house, on the ground floor, side by side with the
warehouse. Soon after witness got into the slaughter-house, some one
outside broke open the door, and as witness ran out he received a blow
from Stapleton that felled him to the ground. - (Stapleton again
exclaimed, "you are a false man"). Then some person raised him by the
collar, and said, "For God's sake, run for your life." - Witness then
went away, and did not go there again - (Stapleton here denied that he
struck this witness; and Jewell denied that he was foremost of the mob;
but he admitted that he was on the mason's wall near).
JOHN LANDER, grocer and parish constable of Redruth, went to
Warmington's stores a little before six o'clock. When he came up, he
saw Stapleton outside the yard-gate, before the store room door,
driving out a man before him with a large stick. The people were
cheering Stapleton, to drive out all the constables. Witness saw the
bottom part of the door broken open, but did not know how it was done,
nor by whom. Witness came up again afterwards, with the magistrates,
and helped to clear the mob. Saw Mr. Magor's hat struck with a stone.
Also saw Mr. Darke struck to the ground, with a stone, while he was
standing up against the door. Saw Mr. Darke get up again; and
afterwards, while Mr. Darke and other constables were inside
endeavouring to keep the door close, the prisoner William Francis went
forth with a grinding stone and broke open the upper door. The
grinding stone was about a foot in diameter, and Francis held it by the
iron handle. (The grinding stone was here produced, and exhibited to
the jury). At last, the soldiers were called in. Witness had Stapleton
in custody, some time, while the soldiers were there. Afterwards, by
the magistrates' request, witness took and turned him out of the town
by the back way, and cautioned him not to come back again. Saw him in
the town again, afterwards; he passed witness three times.
Cross-Examined by Mr. Chilcott. The under part of the door had been
opened, and flour taken before witness saw Francis using the grinding
stone.
Henry Chipman, was an innkeeper at Redruth. On going to Warmington's
stores, saw two young men pulling out a sack of flour. Spoke to them,
and said "Do you know what you are about? You are liable to be sent to
Bodmin." They said, "thee can'st not send us there." Stapleton was
standing in the door way at the time, and lifted up a stick. Witness
went towards him and said, "Young man, what are you about here?"
Stapleton replied; "I'll leave you know what I'm about." Witness
seized him by the collar, and wrenched away the stick; it was part of a
fir pole or something of that kind. Witness struck Stapleton on the
shoulder, and at the same time, turned him round, and gave him a kick
on the leg. Stapleton threatened to take away the stick again; witness
said he should not; and Stapleton then left, and witness saw no more of
him. Witness then went into the stores, and put out the women; they
were covered with flour - very much in flour - some of them almost
buried in it. Among the rest was a woman, Mary Tippett, with a bag of
flour in her basket. When witness was outside the door with the
constables, the mob began to heave stones. Witness and some constables
got inside the store, and put two flour sacks against the lower part of
the door. The window as closed at that time; it had wooden bars
outside; but the window was soon broken open with stones. Witness
himself kept the upper part of the door closed; there was a lock, but
the staple was bent, and there was no means of fastening it. The other
constables having left, witness left holding the door, and went up
stairs. Mr. Darke was then the only person there. Cross-Examined by
Mr. Stokes. Saw Mary Tippett, outside, by the door-way, when he first
came to the stores. Had not known her long; her husband was a miner,
and a very quiet man; they had several children. The bag in her basket
might have contained eight or ten pounds of flour. Mr. Lanyon tried to
take away the basket from her; she struggled, and witness lost the
stick in the struggle. He might have used the stick if he had had it.
The mob were wasting flour very much; it was nearly a foot deep on some
parts of the floor. Mary Tippett fell over a sack when she came in the
second time. - By Mr. Chilcott:- When witness came to the stores about
five o'clock, flour had been brought out. Had they known that the
soldiers would have been there so soon, the constables might have kept
the whole of the stores. The military came about six. For the last
half an hour that witness was there, there was no flour carried out of
the house; the mob were then carrying away what had previously been
taken into the yard. Did not know how much flour had been carried out
before five o'clock. Witness saw one sack outside the door, cut; and
one hauled away whole, by two young men. There was a great deal of
flour wasted on the floor - many sacks he supposed. - By Mr. Darke.
When witness lest, Mr. Darke was keeping the door. Witness saw nothing
of the removal of any flour after that; but did not mean to say that
there was more removed.
ROBERT FORD, examined by Mr. Hockin. Was a parish constable, and was
at Warmington's stores. He saw Mary Tippett coming from the stores
with a bag of flour in a basket. Also saw Jane Trengove with flour in
her apron; she had more than she could carry herself and was obliged to
have two boys to assist her. Saw Lanyon and Chipman try to take the
basket from Mary Tippett; she showed a great deal of resistance. In
Cross-Examination, severally by Mr. Stokes and Mr. Bennallack, the
witness spoke favourably of the characters of Trengove and Tippett,
having known them several years.
DANIEL LANKSBURY, examined by Mr. Darke:- Was agent at Consols Mine,
and was special constable on the 4th of June. He went to the stores
about five o'clock and then found the court before the warehouse full
of people, and four of five constables at the door keeping back the
mob. Witness was at the back part of the court. Soon afterwards,
heard blows against the door, and saw the under part of the door broken
open. Saw the mob then rush into the warehouse and a bag of flour
taken out. After this ten special constables came up; they beat back
the mob three or four yards; but the mob then began to throw showers of
stones, and drove the constables into the house; they could not stand
it. The constables shut the door and the window; but the mob continued
throwing stones, and broke open the window - the bars as well as the
leaves. Witness, after this, saw William Francis and heard him say to
the people;- "Stop throwing stones a minute, and I'll break open the
door again." Francis then took up a grinding stone, and went forth
with it, and broke in the door with all his might. The mob rushed into
the warehouse and began to carry away flour. Was positive that a great
deal of flour was carried out, after Francis had broke open the door.
Shortly after this, witness went to the back part of the premises, and
saw Jewell with three stones on his left arm, at the time the women
were carrying away flour. (In reply to the prisoner Jewell, witness
said that when he saw Jewell with stones on his arm, he (Jewell) was
about fifteen yards from the warehouse, and that some men went and took
the stones from Jewell. - Jewell now said he was more than sixty yards
off, and that the stones were not taken from him, but that he dropped
them himself. He only wanted his due; he acknowledged he had stones in
his hand, and, by and bye, he would tell what he meant to do with them,
he was not afraid nor ashamed to show his face to nobody).
JOSEPH HARRIS, butcher and parish-constable of Redruth, said when he
got near to Warmington's stores, he met Maria Floyd, coming out with
flour, as much as she could carry in her apron or gown. Witness asked
her what she was doing there. Her husband who was standing by, said,
"Let her go; she has worked hard enough for it." She did not herself
say a word. Witness then went up to the stores, between the door and
window, and saw Jane Trengove standing near the door; asked her what
she was doing there; she said she wanted her shoe that was inside.
Witness saw her heave a stone at Mr. Darke. Did not see the stone
strike Mr. Darke. The stone was bigger than his two fists. Then there
was a cry - "the man is dropped." Witness then said - "Don't kill the
man - don't kill the man." With that the stones abated. Mr. Darke
came out soon afterwards; he was bleeding from the face. Witness
remained about five minutes longer, when he was ordered by one of the
mob to withdraw; and witness being afraid did withdraw.
WILLIAM MORCOM was a draper at Redruth, and a special constable on the
4th of June. When he got to the warehouse between four and five
o'clock, he found that the gate was unhung, and the crowd was rushing
in and Jones was in front; quite the ringleader. Jones was dressed in
a cap and shirt sleeves, and ran up the wooden steps towards the top
room. Witness got hold of him by the arm, and pulled him back for a
time. Jones had known witness before, and seemed rather ashamed, and
kept back. Witness also saw James Jewell there. (The witness
confirmed the previous evidence about Jewell.) On the 7th of June,
witness was with Mr. GRYLLS, a constable, and another constable on the
western road between Redruth and Camborne, and saw the prisoner John
Williams, the tawing boy. One of the constables said to Williams:-
"Who was it assisted you about the flour that you carried away?" -
Williams replied, SMETHERAM." He was then asked how they managed about
dividing the flour between them. Williams said, the flour was taken to
his house and Smetheram went and fetched another bag to take away his
share of the flour. Williams was then asked, how much they had each.
He announced, that he did not know exactly, but it was not more than
twenty pounds.
REGINALD THOMAS GRYLLS, special constable of Redruth, on Monday, the
7th of June, searched the house where the prisoner Williams lived, and
found about 20lbs. of flour in part of a sack, which witness handed to
the constable Burrow. WILLIAM BURROW, constable, produced the piece of
sack. The witness Grylls identified it as the same as found in
Williams's house, and pointed out a small piece of leather on it, with
the name of "Tippell." This witness corroborated the evidence of the
witness Morcom, as to the conversation with Williams. He added that
the flour in the piece of sack was rolled up in bed clothes at
Williams's house.
STEPHEN DAVEY, committing magistrate, proved Williams's signature to
the deposition. Williams's statement was then read; it was that he
came into Redruth on Friday the 4th of June. He met Richard Smetheram
who asked him to go into town with him to look on. When they got up to
the mob, they heard of the door of Warmington's stores being broken,
and saw the women taking flour in bags. Smetheram took a piece of bag,
and pulled it through the mob, and told prisoner to take hold of it,
which prisoner did, and they carried it to the house of NICHOLAS
ROBERTS, where Williams Lived. There was a small quantity of flour in
the sack, which Smetheram and himself divided between them.
GEORGE HICKS, parish constable, was at the stores before the door was
broken open at all. Saw Stapleton, Jones and Jewell; begged Jones to
have nothing to do with it; told him that he did not know the danger of
what he was about. Jones answered, "I want some meat." Witness said,
"I hardly think you want meat; you had better go back to your
father's." Jones replied "I shall not go back; there's flour here, and
we'll have it." Jewell said the same, and also that he wanted meat
very bad, and that he had been out of employ for eleven weeks. Witness
asked him where he lived; he said, in Gwennap parish. Witness said,
"in that parish with so great a run of mines, I should think you might
have work." Jewel said, "how do you know?" (Witness here corroborated
the previous evidence of the offer of two-pence to Jewell, to buy a
two-penny loaf, and his demand of half a sovereign. Just after Jewell
said if you won't give me half a sovereign, we will have the flour out,
the mob rushed towards the door. Witness then described the
circumstances of the plunder of flour by the mob). On the following
Sunday, witness saw Jones; he said that Mr. Morcom hitched him down
from the ladder. Cross-Examined by Mr. Bennallack. Had known Jones
for many years; never before knew anything against him. By Mr. Stokes.
- Had known Mary Tippett and her husband for twenty-five years; never
knew anything against her; she also bore a good character.
(It was stated by Mr. Darke, in his opening, that the stones used were
large ones taken from an unfinished wall, and not mere stones from the
road.)
WILLIAM PAYNTER lives at Lanner; saw the door of the store broken open
by a party of men, with the flight of steps; they used it as a ram.
Also saw Francis break in the upper part of the door with the grinding
stone. By Mr. Chilcott. Did not see any flour carried out of the
store, after the second breaking of the door, with the grinding stone;
there had been a good deal carried out before that. Had know Francis a
long time; he always bore a good character. By Mr. Hockin. Witness
stayed about twenty minutes after Francis broke the door with the
grinding stone.
JAMES VIVIAN SYMONS, special constable, went up to the stores, when the
military went up; and assisted to take Stapleton into custody. Saw
Maria Floyd coming from the store into the street, with a cloth,
apparently filled with flour. She was covered with flour from head to
foot. This was about six o'clock; was not sure to half an hour.
The case for the prosecution being concluded, the three advocates for
the defence took several objections to the indictment. Mr. Stokes said
the flour and sacks had not been shown to be the property of Heynes, as
laid in the indictment, and, that to have sustained his prosecution,
the property should have been laid in Warmington, as bailee. Mr.
Chilcott objected that the indictment being for stealing from a
warehouse, under a particular statute, the warehouse in question was
not such a warehouse as came within the meaning of the statue. To come
within the statute, a warehouse must be such as factors keep goods for
sale in; but in this case, the warehouse had been proved to be merely a
place for safe custody of goods. Mr. Chilcott, however, withdrew this
objection, on its being shown that the decision on which he grounded it
had been overruled. Mr. Bennallack said the indictment could not be
sustained, because the robbery was not shown to have been immediately
connected with the breaking. It was, he said, necessary to have shown
this, as also that the hand that stole was the hand the broke. Mr.
Darke affirmed, in opposition to Mr. Bennallack, that it was not
necessary, in order to satisfy the law, that the breaking and stealing
should be by the same hand; and, with reference to Mr. Bennallack's
other objection, he said the parties were indicted for breaking and
stealing, and he had proved on the part of the prosecution, that they
had first broken, and then entered and stolen from the store room, the
whole being in completion of their first intention; and there was also,
nothing to make the second breaking a distinct act from the first.
With respect to Mr. Stokes's objection, he contended that there was, at
least, some evidence of the door being the property of Heynes; and if
so, that was sufficient to send the case to the jury, and he was clear
also that the jury would be satisfied with the evidence on that point.
For himself, he was clear that the evidence offered in proof of the
flour being the property of Heynes, would be sufficient to support an
action of trover. Mr. Hockin, on the same side, and in support of the
principle that the act of one of the prisoners was the act of all,
cited Jordan's case, from 7, Carrington and Payne, quoted in the last
volume of Roscoe's Digest. The Chairman decided that the case must go
to the jury. The three advocates - Mr. Bennallack, Mr. Stokes, and Mr.
Chilcott then severally addressed the jury in behalf of their
respective clients. Mr. Stokes first addressed himself to the question
of property, contending that the flour had not been shown to be in
Heynes's possession, either directly or constructively; and, in a case
of this kind, the jury should be satisfied with no less than the most
positive proof of the property. He then contended that the
circumstances proved in the case, constituted riot and not a felony -
the intention of the mob was not to steal the flour, but to punish the
dealer. In defence of his particular client, Mary Tippett, Mr. Stokes
said she was innocently present with her basket and bag on the day in
question, it being market day, to get her weekly supply of flour in the
town; and there was no evidence to convict her of subsequent felony.
Mr. Chilcott, for his client Francis, urged that it was very important
for the jury to bear in mind that he was in no way connected with the
proceedings till after the door was broken the second time; and, to
convict him, they must be satisfied that flour was stolen after that
second breaking; even granting that Francis broke open the door the
second time, the evidence of which he considered very doubtful, that
was nothing against Francis, unless flour was taken out subsequently.
The prisoner Stapleton said he was not guilty of the crime; he never
struck no man with either stick or hand, nor did he attempt to. Jewell
said he never hurt no man in his life, nor yet nobody's things.
Williams said he never took any flour out of the town. A good
character was given to the prisoner Francis by a man named JAMES FURDS,
who stated that he had known him some time, and that he was a quiet,
peaceable man. The learned Chairman now summed up the evidence with
his wonted care and discrimination, and attention to the interests of
the accused; directing the jury to consider the evidence with regard to
the two counts - for breaking and entering, and for simple larceny -
first with respect to the prisoners collectively, and then looking at
the evidence bearing on each individual. The jury found Stapleton,
Jewell, Jones, and Francis Guilty on the count for breaking and
entering; and Mary Tippett, Jane Trengove, Maria Floyd, and John
Williams, Guilty of larceny. The verdict was given at about six
o'clock; the trial having lasted nearly nine hours.
In passing sentence upon the prisoners, the Chairman said - You have
been convicted of crime arising out of the unhappy bread disturbances
at Redruth and the neighbourhood, and however deeply this Court feels
the privations to which a number of persons in this county, high and
low, have been subjected, yet at the same time we are obliged, in the
execution of our duty, to take care that the public peace be not
infringed upon. But we know that in many of the cases brought here
poverty was not really and truly the cause that occasioned the crime
committed. And in the instance to which I would now particularly
address myself, the breaking into Mr. Heynes's stores, I may say you
were plundering an individual to whom the public is much indebted; for
the very week before his flour was destroyed and plundered, he had
brought it into this county from another county, from a considerable
distance. So far then from making such a man the object of your
revenge and displeasure, it ought to be quite the reverse; for the
populous districts of our county cannot be supplied unless corn is
brought from a distance to us.
George Stapleton, I am sorry to say you have been convicted of breaking
and entering the warehouse of Mr. Warmington and Mr. Heynes, and
because the Court has seen in you and in William Francis greater
violence than in the rest, we are about to inflict upon you a sentence
which I hope will have the effect of discountenancing, discouraging,
and stopping such disturbances for the future. The sentence of the
court upon you, George Stapleton, is that you be Transported to such
part of her Majesty's dominions as her Majesty in council shall think
fit for the space of Seven Years. William Francis, your violence was
very great indeed; it was marked by the use of a powerful weapon, a
grinding stone, and but for which probably much of the subsequent evil
would not have happened. The sentence of the court is that you be
Transported for Seven Years. James Jewell, the sentence of the court,
for your violent conduct, is that you be Imprisoned for Twelve Calendar
Months, and kept to Hard Labour; and that you John Jones, be Imprisoned
for Nine Calendar Months with hard Labour. Maria Floyd, Mary Tippett,
and Jane Trengove, the court is about to pass upon each of you women a
mild sentence. I am sorry to say that in these disturbances the women
have been very conspicuous, and possibly you may have submitted to
great privations, but the way in which you have acted is not the way to
alleviate those privations. Those under which you have suffered, and
your richer neighbours likewise, have been caused by the hand of God,
and you should submit to that hand. I know that throughout the county
generally efforts have been made, and continue to be made, to relieve
the prevailing distress; and with regard to those gentlemen who bring
corn into the country to relieve its wants, so far from being the
objects of your hatred they ought to be the objects of your gratitude.
The sentence of the Court is that you be each Imprisoned for Three
Calendar Months, and kept to hard Labour. John Williams, it is
fortunate that the distinction shown in your case will induce the Court
to pass upon you a slighter punishment, than on the others. But if not
in this case you have hitherto been a very bad fellow, and I would
advise you at the expiration of this sentence to return to society
improved, and to abandon those pursuits which may otherwise bring you
to a much severer punishment. The sentence of the Court is that you be
Imprisoned in the House of Correction for One Calendar Month, and kept
to Hard Labour.
JOHN WILLIAMS, was charged with fraudulently obtaining money by false
pretences, from RICHARD TRUSCOTT, of Calstock; the moneys being the
property of PATIENCE TRUSCOTT. The prosecutrix, a widow, kept a public
house at Cold East, in the parish of Calstock; and, in the evening of
Easter Sunday, prisoner was there and asked her son, Richard Truscott,
a young man in attendance on the customers, to change a sovereign. To
this Richard Truscott consented, and gave prisoner the full change,
received as he supposed a sovereign. He placed the supposed sovereign
in his waistcoat pocket, separated from his other moneys; and, on
making up his account with his mother, he found that he had got but a
shilling, instead of a sovereign. After the case had been heard, the
Chairman said this was a case in which common and ordinary prudence
might have protected the prosecutrix, and therefore, he thought it was
not his duty to submit it to the jury. He therefore directed an
Acquittal: which, accordingly, was given.
RIOT AND FELONY AT POOL - Friday, July 2 - WILLIAM OSBORNE, 26,
STEPHEN BENNETTS, 17, PRUDENCE THOMAS, 37 ANN ROBERTS, 45, and MARY ANN
CRAZE, were indicted for having on the 4th of June last, feloniously
broken and entered the warehouse of Mr. JOEL BLAMEY, at Pool, in the
parish of Illogan, and stolen therefrom a quantity of flour, tea, and
sacks. By a second count the prisoners were charged with simple
larceny. Mr. Darke and Mr. Hockin for prosecution; Mr. Bennallack for
Osborne, Bennetts, and Roberts, and Mr. Stokes for Craze. The
prosecution had arisen out of disturbances which he was sorry to say
had existed in the western part of this county during the last two or
three months. On the 4th of June last, a large number of persons
assembled in the village of Poole early in the morning. The crowd were
very clamorous, and at length proceeded to force open the flour stores
of Mr. JOEL BLAMEY, using a sledge hammer, stones, and missiles. The
storehouse was rifled of flour and other articles, and until the mob
were restrained by the military, brought up by the magistrates, a very
large quantity of property was taken away. The parties who actually
broke open the door had absconded, justice had not yet overtaken them;
but it was held by the law that whoever were present at the time
aiding, abetting, and assisting, were guilty of the breaking and
entering as much as the parties who actually broke the door. Those
against whom the witnesses would prove this offence would be therefore
guilty under the first count in the indictment. Then with regard to
those who were not present aiding and assisting when the breaking and
entering was committed, if he could prove that they were present aiding
and assisting after the door was broken open, and the stealing took
place, then he should be entitled to the verdict of the jury against
those parties on the second count. He then stated at some length the
facts that the witnesses would prove against each of the prisoners. It
might be urged that there was great distress in the county, and that
all these crimes were committed in consequence. He did not deny that
the people had suffered much privation, that there had been very
serious distress in many districts during the last few months.
Mr. Joel Blamey, who was examined by Mr. Hockin, and said, I am a flour
merchant, and live at Pool, in Illogan. I have a warehouse there, and
keep in it flour, tea, and other stores of that description. My stores
are detached from my dwelling house about fifteen feet, there being a
road between. On the 4th of June, I was at home all the day. At eight
o'clock there was an assemblage of about 1,000 persons at Pool; at ten
o'clock I should say there were 2,000, and at eleven about 3,000. They
were violent and noisy and my stores were broken open by force. On the
evening of the 3rd of June, between eight and nine o'clock, I counted
in my storehouse three sacks of flour loose in the hutch, and twenty
sacks in whole and half sacks, they being all tied. I did not go into
the storehouse the day that it was broken open, but I went in on the
morning of the following day and found that seven sacks were gone.
Empty sacks were likewise stolen, large and small. I also lost about
one cwt. of tea and about fifteen papers of pins. The place were these
articles were taken from was my warehouse, and the property lost was my
property. The storehouse is a regular warehouse where goods are
deposited; I have no partner except my wife. I saw Stephen Bennetts
wheel out three sacks about ten or eleven o'clock; I cannot say the
exact hour as there was so much excitement at the time. I sell things
in this warehouse and have no shop. I did not see Stephen Bennetts
there before the door was broken open.
HENRY JEFFERY, a constable of the parish of Illogan, said - I was at
Pool on the 4th of June, and was present when the door of Mr. Blamey's
warehouse was broken open. Before that was done I saw William Osborne
standing immediately behind the mob, and about thirty feet from the
storehouse. This was between ten and eleven o'clock, and there were
from two or three thousand persons present at that time. I did not see
William Osborne doing anything at that time. I had some conversation
with him. Knowing him to be one of the neighbours I went up to him and
said, "Osborne, you had better be away from this; as there are so many
people exciting noise and confusion, by and bye, you may get sent to
prison." He did not make any answer to what I said. I did not see
Stephen Bennetts before the door was broken open; but I did see
Prudence Thomas before that was done. She was waving an instrument
called a paddle, commonly used for cutting up weeds. Some of the mob
at this time were addressing Mr. Blamey, Mr. MARRIOT, and others at the
window; while others were saying - "let us get into the stores; there's
flour there and we will have it if he won't come to our proposals."
Prudence Thomas was then from eight to ten feet from the stores, and
there was a throng of people close by the stores. There had been a
conversation between the crowd and Mr. Blamey before this time, and
Prudence Thomas was present. They wanted for Mr. Blamey to sell his
flour for 50s. a sack. He said he could not do it; he said - "I have
fallen the flour now more than I can afford to do it, and if you won't
believe me you may see my invoices." He then tied some invoices to a
cord, and let them down to be shown to the people. Mr. Blamey did not
come out of the house, as he was persuaded not to do so. The crowd
were not satisfied with this, but said, "you raise your flour, and we
don't tell you when to raise it, and why won't you fall it?" When he
refused to fall the flour they said they would have it. After this a
rush was made at the warehouse door, and a cry raised of "there's flour
there, and we will have it." The door was broken open by a sledge or
smith's large hammer. The constables attempted to interfere, and I did
for one. I got within four feet of the door, but was prevented from
getting at it by sticks and kicks. I did not see anything of Stephen
Bennetts at that time. Before the door was entirely gone open I was
called into Mr. Blamey's by Mr. Marriott to see if I could recognise
any of the party, and I saw the door broken open from the up-stairs
window. After it was broken open I saw Stephen Bennetts truck out
three sacks of flour, and Prudence Thomas was then standing just by the
side of the doorway. He trucked the flour out into the turnpike road,
and then turned the sacks over into the road. The greatest part of the
flour was taken away when I came to look at the sacks again. I did not
see Ann Roberts for the day, but I saw Mary Ann Craze at Pool; that was
a considerable time after the door was broken open whilst the crowd
were carrying away, and the military were brought up by the
magistrates. William Osborne was there when the military came up.
When there was a report that the military were coming Osborne was about
thirty feet from the stores, and he said to the people before him,
"Don't be afraid, push on, they can't hurt us for we've plenty of
powder with us." I have seen powder in bottles and cans carried by
miners. I saw two bottles with some of the crowd, but cannot say that
they contained powder; they might have contained porter or spirit. I
was sworn in specially on this occasion. I did not see any case or
bottles of power with Osborne or any of the prisoners.
MARTIN WILLIAMS, a police officer living at pool, HENRY STEVENS, a
carpenter living at pool, and sworn in as a special constable on the
4th of June, RICHARD MILDREN, a servant to Mr. Blamey, and his wife
ELIZABETH MILDREN, Mr. J. P. MAGOR, a magistrate, STEPHEN PRIDEAUX,
policeman at Camborne, all gave evidence, after which Mr. Stokes
submitted to the court that the indictment was bad by reason of
multiplicity, it being shown by the evidence that the prisoners were
chargeable with different felonies committed at different times and
several such distinct felonies would not be laid in the same
indictment. His friends on the other side must therefore now elect on
which felony they would rely, and in respect to that particular taking
they must connect all or some of the prisoners. The prisoners might
have been indicted separately, but the offences could not be all
jumbled together as one felony in the indictment as they had been.
The Chairman decided that the case should go to the jury, and Mr.
Bennallack then proceeded to address them on behalf of his clients. He
contended that there was not sufficient evidence to convict either of
them of the greater offence of breaking and entering charged in the
indictment; and considering the jumble of felonies all placed together
he did not consider it would be safe to return verdict against the
prisoners on either of the counts. Mr. Stokes addressed the jury for
Mary Ann Craze, and again spoke of the inconsistency of the indictment
in charging this girl with breaking and entering, when in fact she was
not present at the time. He could not contradict the evidence given
that she had the tea; she did what was undoubtedly wrong, but the
action on her part was that of a simple-minded girl who was led away
and excited by the clamours of a furious mob, so as not at the time to
be the mistress of her own mind. He further contended that when
parties were guilty of a riot they ought not to be indicted, as in the
present instance, for felony. ALEXANDER EUDY and JOHN THOMAS were then
called to give evidence of the good character of Mary Ann Craze and her
family; and SUSAN TENBY was called by Mr. Bennallack to give evidence
of the same kind with respect to Stephen Bennetts.
The Chairman then summed up the case to the jury. With regard to what
had been said as to charging so many felonies in the same indictment,
he considered that the breaking and entering afforded facilities for
the stealing that afterwards took place within a short space of time,
and then formed one continuous act, which might altogether be laid in
one indictment. Larceny was defined to be a wrongful or fraudulent
taking or carrying away the personal goods of another from any place,
with the felonious intent of converting them to the taker's own use,
without the consent of the owner. It might be said that some of these
parties did not intend to benefit themselves. One of the prisoners had
wheeled out the sacks, and allowed others to take them away, but he
might state that the offence was the same as the eye of the law as if
the man had taken away a portion of the stolen property himself. He
proceeded to remark upon the evidence in a very clear manner, stating
that it would be for the jury to consider first if the prisoners at the
bar were guilty of breaking and entering, and if not, whether they were
guilty of stealing. The jury, after about fifteen minutes'
deliberation, Acquitted William Osborne, but found all the other
prisoners Guilty upon the second count charging them with larceny.
They strongly recommended Mary Ann Craze to the mercy of the court.
Mr. Blamey also recommended this prisoner to the mercy of the court,
stating that he had known her father for a number of years, and there
was not a quieter or more honest man in the neighbourhood.
In passing sentence on the prisoners, the Chairman said - you have been
convicted of stealing flour, the property of Mr. Joel Blamey. You,
Stephen Bennetts were seen to take flour and draw it out on a truck
immediately after the door was broken open, showing a recklessness and
violence in your conduct which the Court cannot but mark. The jury in
the exercise of the discretion (and I do not find fault with that
discretion) found your guilty of the lesser offence, otherwise,
probably, you would be visited with a greater punishment. The sentence
of the Court is that you be Imprisoned and kept to Hard Labour in the
house of correction for Eight Calendar Months. Prudence Thomas, your
conduct has been marked with such a degree of violence, as this Court
cannot but show its abhorrence of; it was marked with all the
irritation and violence of an infuriated woman, and probably to such
women as you the great excitement on such occasions may be attributed.
Let me entreat you to abandon such practices, and I hope that where you
are consigned you may derive information that may be blessed to you in
after life. The sentence of the Court is that you be Imprisoned in the
house of correction for Six Calendar Months and kept to Hard Labour.
Ann Roberts, we know nothing to your discredit before this offence,
when you unhappily mixed yourself up with others in crime; and if any
one had told you, when at your morning breakfast, of that which you
were led into before the evening, you would probably have been much
shocked. You did not consider how the stream runs; and you begin by
little and little until at last you find yourself with a number of
persons who are a great discredit to be mixed up with. The sentence of
the Court is that you be Imprisoned for Three Months and kept to Hard
Labour. Mary Ann Craze, you belong to a respectable family, but I am
sorry to say that on this occasion you have sadly disgraced it. Let me
advise you for the future no longer to mix up in affairs of this kind,
indeed I hope and trust that we shall hear no more of such affairs.
The sentence of the Court is that you be Imprisoned for Three Calendar
Months and kept to Hard Labour.
ELIZABETH STEPHENS, 35, and ELIZABETH NICHOLLS, 60[?], were then placed
at the bar indicted for having assembled, with divers other
evil-disposed persons, at Redruth on the 4th of June last, and excited
a riot. Mr. Darke stated that in this case the prosecution proposed
not to offer any evidence. The parties were seen in the early part of
the day in conjunction with the riot and exciting the mob; but there
was no evidence to show that they were connected with the riot at the
time of the greatest violence, and probably the parties seeing their
error, had left the rest of the mob to their own proceedings. The
Chairman, addressing the prisoners, said - You should duly appreciate
this kindness towards you, and when you return to Redruth take care
that any violent feelings you may have manifested be no longer indulged
in; for depend upon it you and others will find from time to time that
the law is too strong for you. Every one laments the late pressure
which many of the poor have been subjected to, but however great that
pressure you must not break the law in order to relieve yourselves.
You are now Discharged through the kindness of the prosecution.
WILLIAM OSBORNE, 26, the same prisoner who had been acquitted on the
charge of felony at Pool, was then indicted for assaulting WILLIAM
NICHOLL, a constable of Redruth, whilst in the execution of his duty.
A second count charged the prisoner with resisting the constable, with
the intent of preventing the lawful detainer of THOMAS MEDLIN and
WILLIAM DODSON; and a third count charged the prisoner with a common
assault. Mr. Bennallack, who appeared for the prisoner, insisted upon
the right of the latter to traverse over until the next session, as he
had not been twenty days in custody. The Clerk of the Peace said that
in that case the prisoner would have to find sureties; and eventually
he agreed to be tried at once. Mr. Darke then stated that on the 4th
of June the constable was going to the scene of the riot at Pool, with
Mr. Magor, the magistrate, when they met two boys carrying flour, whom
Mr. Magor gave in charge to Nicholl. The constable put them in Wheal
Agar account house and locked the door; but in a short time afterwards
a large number of miners came from Pool, and demanded the release of
the prisoners, Osborne being the foremost of the mob. Nicholl refused
to give them up, upon which the mob assaulted him with stones, and
blows were made at him; the door of the account house was forced open,
and the boys released. Although he could not prove that Osborne struck
either of the blows that were struck, yet the law was that any who were
present at the time in any way assisting in the assault were as guilty
as the man who actually struck a blow. He then called -
WILLIAM NICHOLL, who said - I am a constable of Redruth, and was going
towards Pool on the 4th of June last. About four or five hundred yards
before entering Pool, I saw William Dodson and Thomas Medlin, having
flour in a sack, and Mr. Magor directed me to take them into custody,
which I did. I took them to Wheal Agar account house, and when I saw
parties coming down I locked the door. Three or four females came
first, but in ten minutes afterwards about one hundred men came down,
headed by the prisoner Osborne. I locked the door and came outside,
and the mob came up to me. Osborne was the first who spoke, and he
said to me "you deliver up those two boys." I said I was a constable
and could not. He said - "then d---n your eyes we will tear the
account house down." I said "I don't know what you may do by violence
I shall not give them up." He then jumped forth and gave the door a
kick, but it did not go open. I then received blows from different
quarters. One struck me with a shovel on the shoulder, another on the
eye with his fist, and several stones were thrown at me. Osborne was
present, but I cannot say positively that he struck me. I said I shall
mark you, and I then walked away with the key in my pocket. Among
other things there was a shovel thrown at me, and all of it was done in
about three minutes. The witness was Cross-Examined by Mr. Bennallack,
who attempted to show that he had not proper authority to take the
prisoners into custody, and that he had charged other men with having
assaulted him.
ALEXANDER EUDY, agent of Wheal Agar, said - I was at the mine when the
constable brought the two boys Dodson and Medlin there. About a
quarter of an hour after they were put into the account house I saw a
crowd coming of about one hundred men. They stopped about twenty yards
off and gave three hurrahs. I went out to meet them, and parties met
me about ten yards off. Osborne was one of the leading men, and he
lifted his hand against me and said "I'll knock you down if you don't
let the prisoners out." Several of the men had large sticks and lifted
them against me, and I told them they had better not strike me. One of
the party took a large shovel and attempted to strike me, but one of
the labourers caught the shovel, and said you had better not strike the
captain, as he has nothing to do with it. They could not open the
account house door, and insisted upon my opening it; and a party of
them with sticks knocked in five panes of glass. They returned again,
gave a smart kick, and broke in the door. Osborne was with them when
the door was broken in, but whether he struck it or not I cannot say.
When the door was broken in the prisoners rushed out, and the whole
party then left the place.
Mr. Bennallack then addressed the Court submitting that the boys had
been illegally detained, and that the first count for assault upon a
constable in the execution of his duty must therefore be abandoned.
The same would apply to the second count, and as to the third it had
not been proved, that Osborne ever struck Nicholl. He submitted that
the evidence ought not to go to the jury. The Court, however, decided
otherwise, and Mr. Bennallack then addressed the jury for the
prisoners, after which he called as witnesses MARY ANN MILL and
ELIZABETH SINCOCK endeavouring to show by their evidence that the
prisoner was at another place about the time that the attack was made
upon Wheal Agar account house. The Chairman, in summing up, said there
could be no doubt that if a magistrate saw a felony committed, or had
reason to believe that a person was in possession of stolen property,
he is perfectly justified in detaining that individual, or in directing
a constable to detain him. Mr. Bennallack had said that the constable
could not act out of his parish, but by a recent act he is constable
for the whole county, and under particular circumstances he may go
further. He then commented upon the evidence, and the jury returned a
verdict of Guilty upon the first count for assaulting the constable in
the execution of his duty. In passing sentence upon the prisoner, the
Chairman said - William Osborne, you are convicted of assaulting
William Nicholl, a constable, while in the execution of his duty. From
the violence of your character, you thought proper to join with a large
party to release two lads from the hands of justice, and you now see
the result. It is the imperative duty of this bench to support the
law, and those who are called on to execute it, and it is because of
this that we are obliged to mark such offences as yours with severity.
You are young in years, able in body, and I am quite sure capable of
maintaining yourself in respectability and credit. I hope that at the
expiration of your confinement, you will return home and endeavour to
conduct yourself peaceably, for I fear that one feature of your
character in that you are of a violent temper. The sentence of the
court is that you be Imprisoned for Nine Calendar Months in the House
of Correction and kept to Hard Labour.
WILLIAM OSBORNE, STEPHEN BENNETTS, PRUDENCE THOMAS, ANN ROBERTS, and
MARY ANN CRAZE, who had been convicted of larceny, were then placed at
the bar, an indictment for riot at Pool on the 4th of June having also
been preferred against them. Mr. Darke stated that the prosecution did
not intend to offer any evidence on the second indictment, there being
not the slightest wish on their part to resort to anything like
vindictive measures. Under the direction of the Chairman a verdict of
Not Guilty, on this indictment, was returned by the jury, who were then
discharged, with the thanks of the county for their services.
SECOND COURT - Thursday, July 1, before (COLMAN RASHLEIGH, Esq.) -
WILLIAM HICKS, 19, was charged with stealing, on the 30th of April, at
Poldice mine, in the parish of Gwennap, six miner's candles, a small
key, and sixpence, the property of ELIJAH MANUEL. This prisoner was
placed at the bar on the previous Wednesday, but was acquitted on
account of the prosecutor's name being spelt in the indictment Mannel
instead of Manuel. A fresh indictment had therefore been drawn against
the prisoner, in which the error was rectified. Elijah Manuel stated
that on the 30th of April, he went to his work at Poldice mine, at
seven o'clock in the morning. Before going underground he went into
the changing house, where he left his clothes, there being in his
watch-pocket a key and sixpence. There was a chest in the changing
house, in which he had some candles, and he took four or five of these,
leaving six or seven behind. On coming up from his work, about one
o'clock, he found that some one had been in the changing house, had
stolen the key and sixpence from his pocket, and all the candles from
the chest, with the exception of one, which was broken. When
prosecutor left the changing house in the morning he put the key of the
door between the door-post and the wall, in a secret place, and he
found it there when he came from his work. From further evidence it
appeared that prisoner was seen near the place by WILLIAM CLEMOE, a
miner of Wheal Unity, and that on the same morning he sold candles to
Mr. HAMLYN, a grocer at St. Day. Mr. Hamlyn said that miners were in
the habit of coming to him to sell candles. Hicks was afterwards taken
into custody by DOWNING, a constable, to whom he gave two keys, one of
which was identified by the prosecutor as being his property. Prisoner
stated that he got the candles from Consols mine, and afterwards he
said from East Wheal Crofty, where he had worked, but both these
statements were found to be untrue. Verdict, Guilty, and a former
conviction for felony was proved against the prisoner. Sentence, Seven
Years Transportation.
ELIZABETH MAYNE was charged with stealing on the 13th of May, at St
Agnes, 3s. 1d. from the person of ELIZABETH SAMPSON, the property of
JOHN SAMPSON. Elizabeth Sampson, a little girl eleven years old, gave
her evidence in a very intelligent manner, stating that her mother sent
her to market with 8s. 2d., which was tied up in a little bag, and
placed in a basket. About 100 yards from her mother's house, the
prisoner met her, caught away the basket, and took 8s. 1d. of the
money. Verdict, Guilty; and former convictions for felony were proved
against the prisoner in 1835 and 1846. She was sentenced to be
Transported for Ten Years.
THOMAS MUNDAY, 39, was indicted for having, on the 23rd of April, in
the parish of Illogan, feloniously broken and entered the dwelling
house of JOHN ANGOVE, and stolen therefrom a quantity of pork, mutton,
and beef, his property. Mr. ROSCORLA[?] for the prosecution called Mr.
Angove, who stated that he kept an hotel at Portreath, and on Friday,
the 23rd of April, he had a pig and a half brought to his house, which
was put in pickle in the dairy, a building attached to the hotel, but
having no internal communication with it. The outer doors, however, of
both hotel and the dairy opened into the same courtlage. Witness
closed his house before eleven o'clock, and on coming down the
following morning he discovered that the courtlage and dairy doors had
been broken open, and from the dairy there had been stolen about
112lbs. of pork, 10lbs. of mutton, 15lbs. of lard, and 2lbs. of beef.
KITTY GEORGE, cook at the hotel, proved that she locked the dairy door
about nine o'clock on Saturday evening, and on Sunday morning about six
o'clock, she discovered that the place had been broken into and the
meat stolen. JOHN ROGERS, a boy, deposed to seeing some pork, on
Sunday the 25th of April, hidden away by the side of a hedge at
Nancewoods, in the parish of Illogan. It was partly covered with a
woollen shirt, and he told a policeman of it. MARTIN WILLIAMS,
policeman of Illogan, knew the prisoner, who was a labourer working at
Portreath basin. He went to Nancewoods with the last witness and found
a quantity of pork in a woollen frock, and in the fob of the frock was
a small piece of a check shirt, the end of which appeared to have been
[...ged?] He produced a check shirt belonging to prisoner, from which
a piece had been taken away, and the piece found in the fob of the
woollen frock fitted to the check shirt being also of the same texture
and degree of [w..t?] WILLIAM FOLLY worked with prisoner at Portreath
basin On Friday, the 25th of April, prisoner asked him to give him a
light for his pipe, and tore off a piece of his shirt, which he gave to
witness, who lighted it and then passed it to prisoner. After prisoner
had lighted his pipe with it, it was handed to another man, but
prisoner afterwards had it back, and witness saw him put it in the
bosom of his woollen frock. The piece was exactly like the piece with
which he lighted his pipe. On Friday night, the 22nd of April, witness
was drinking at Mr. Angove's house, with prisoner and four other men.
They left about half past ten, and were going home together, but after
walking about one hundred yards, witness looked back and saw that the
others were not coming after him. He then went back again to Mr.
Angove's door, which he found was shut. A witness named TONKIN, who
also worked at Portreath basin, swore to the flannel dress produced, as
being that which the prisoner had been wearing at his work. Verdict,
Guilty; and a former conviction for felony, at the Assizes in March,
1846, was proved against the prisoner. Sentence, Ten Years'
Transportation.
The Chairman said that the arrangements hereafter to be made by
Government may be such as to enable those who were transported to
acquire respectability and comfort at least, if not an independency in
another part of the world. But the event would entirely depend upon
their conduct, and he would impress this particularly upon all the
convicts, as upon their future good conduct would depend their future
prospects.
WILLIAM CHYNOWETH, 46, pleaded Guilty of stealing, on the 25th of
April, in the parish of St. Agnes, two fowls, the property of HENRY
RICKARD. The prisoner also admitted that he had been convicted of
felony in March, 1846, and was sentenced to Seven Years'
Transportation. SAMPSON BARKELL, who was found Guilty on the same
charge, was sentenced to Three Months' Hard Labour.
JOHN COCK, 36, was charged with stealing, in the parish of Budock, a
bag containing a quantity of rope and other articles, the property of
GEORGE CROKER FOX, and others. Mr. GENN, for the prosecution, called
JOSEPH OLVER, who had been employed with a man called PORTER, to watch
a house on the set of Swanpool mine, in which some mining materials
were kept. While watching, about seven o'clock in the evening of the
22nd of June, Olver heard some one in the house chopping, and soon
after a man came out through a hole in the wall, looked about, walked
up and down, and then pulled a bag from the hole. Olver jumped over
the hedge from his concealment, and called to Porter, to take the man,
he being the nearest to him. The fellow ran some distance, and then
dropped the bag; but he was pursued further, and captured by Porter.
In the bag were found a pick, borer, three iron rings, and piece of a
whim rope, which Mr. SECCOMBE, purser of Swanpool, proved belonged to
the adventurers of that mine. Verdict, Guilty. - Two Months' Hard
Labour.
DANIEL TAPE, jun., 15, was found Guilty of stealing, on the 11th of
April, at the parish of Moorwinstow, five eggs, the property of Mr.
LAWRENCE ASHTON. One Week's Hard Labour.
THOMAS COWLING, 35, was indicted for stealing, on the night of the 22nd
of April, in the parish of Poundstock, three pieces of oak, and one
piece of elm timber, the property of EDWARD SHEARM. RICHARD WOODMAN, a
carpenter employed on Mr. Shearm's farm in the parish of Poundstock,
deposed that on his leaving work on the evening of the 22nd of April,
there were left on the ground the pieces of timber above mentioned.
Next morning they were gone, and witness went with GODDARD, a policeman
of Stratton, to search prisoner's house, where they found the pieces
that had been stolen. Witness identified the timber as being Mr.
Shearm's property, and Goddard and WOODLEIGH, a mason, being also
called to give evidence, the prisoner was found Guilty. There was
another indictment against the prisoner on which no evidence was
offered. Four Months' Hard Labour.
NICHOLAS ANDREWS, 46, was charged with stealing, on the 14th of April,
in the parish of St. Cleer, a quantity of hay, the property of JOHN
SNELL. Mr. CHILDS called the prosecutor, a farmer in St Cleer, who
stated that on the morning of the 14th of April, he observed hay on the
gate-place of his farm yard. He went to prisoner's house the same day
and found hay in the barn, which was of the same description as that
taken from prosecutor's rick. WILLIAM JURY deposed that he traced hay
from prosecutor's gate to prisoner's house; it was clover and ever; he
picked up portions and compared it with what he found in prisoner's
barn, and it was of the same description. There had been rain the
night before, but the hay about the road was dry, showing that it had
been carried in the morning. After prisoner was taken into custody by
JOSEPH MOON, an assistant to Mr. DAW, constable at Liskeard, he said it
was a bad job. Mr. STOKES on behalf of the prisoner, contended that
the evidence was too inconclusive to convict upon; and the jury, after
a long consultation, returned a verdict of Acquittal. The same
prisoner was then charged with stealing, on the 3rd of April, in the
parish of St. Ive, a quantity of wheat and oats, the property of THOMAS
NATTLE. On this indictment he was found Guilty - Six Months' Hard
Labour.
JOHN PRAED, 66, MARIA PRAED, 60 and CAROLINE PRAED, 20 were indicted
for keeping, at Redruth, a common, ill-governed, and disorderly house.
After hearing the evidence, which is unfit for publication, the jury
returned a verdict of Guilty against the prisoners. John and Mary
Praed were sentenced to Four Months' Hard Labour, and Caroline Praed to
Two Months' Hard Labour. The Chairman remarked upon the shameful
conduct of the two elder prisoners, who had been living upon the
prostitution of their daughter.
FRIDAY, JULY 2 - JOSEPH CULLIS, 17, was indicted for an assault, with
intent, &c. on Elizabeth Treloar. The prosecutrix was a respectable
looking young woman, and lived with her uncle, at Porth, in the parish
of St. Blazey. The prisoner was a young man, employed at the Par
Smelting Works; and it was near this place that the assault took place,
about ten o'clock, in the night of the 22nd of May last. There was no
doubt of an assault having been committed on the prosecutrix, nor of
her being a well conducted young woman. She was also quite positive
that the prisoner was the person who committed the assault; and, in
this she was corroborated by witnesses who saw him near the spot, just
before and after the occurrence, one of these witnesses, a little girl,
having seen him speak to the prosecutrix. Two other witnesses,
however, who alarmed by the cries of "murder", from the prosecutrix,
ran towards the spot where she was, thought that the young man whom
they met coming from that place, was taller and stouter than the
prisoner. An alibi was also set up for the defence, and the jury gave
credit to the evidence of some of the evidence in its support,
corroborated as it was, to some extent by the evidence of some of the
witnesses for the prosecution, and gave a verdict of Acquittal.
JOHN BURROWS was indicted for obtaining money by false pretences, from
WILLIAM KNIGHT, with intent to defraud the said William Knight. Mr.
STOKES conducted the prosecution; Mr. SHILSON the defence. The
prosecutor and prisoner were butchers, at Truro and it appeared that
about the latter part of April, [.........?] having declined keeping
the [............?] Knight agreed to allow him some remuneration on his
making purchases for him. A few days afterwards Burrows told Knight
that he had bought of a Mr. WEARNE, a farmer at Ponsanooth, two lambs
at a guinea each, and two sheep at 7 1/2 d. per lb.; and also a calf
for GBP1. 6s. from a neighbour of Wearne's. On the 6th of May, Knight
and Burrows went to Ponsanooth, and when arrived there, Burrows went
along to Wearne's farm, and returned to Knight, saying that he had seen
Mr. Wearne's hind, who said he would deliver two sheep and two lambs on
receiving GBP6. 12s. Knight then handed this sum to Burrows, and also
GBP1. 8s. to pay for the calf bought of a neighbour of Wearne's;
Burrows promising to meet Knight, with the calf, at the seven mile
stone. The hind, it appeared, took the sheep and lambs to Knight at
the seven mile stone, by Burrow's directions; but as Burrows had
instructed him, refused to let them go without receiving payment from
Knight. Burrows himself did not return to Knight, and Knight had never
received from him the sheep, lambs, and calf, for which he had let him
have the money. In Cross-Examination, Knight admitted that in February
last, he bought a lot of furniture of Burrows, which was valued at
GBP8. 0s. 6d.; of which sum Knight had paid GBP2. 13s. by instalments.
On the evening of the 6th of May, Knight went to the Seven Stars to try
to get back his GBP8 from Burrows; but Burrows sent out a message to
Knight, claiming to be paid his own debt out of the GBP8, and offering
to pay the balance of account between them. This offer was refused by
Knight, who said he knew nothing about any balance, but he wanted his
own money back to lay out for market. It was proved by Mr. Wearne,
that in the latter end of April, Burrows bought of him six lambs at a
guinea each, and that he paid for them, and took them away about three
weeks since. For the defence, it was alleged by Mr. Shilson, that the
evidence for the prosecution afforded no proof of any fraudulent
intent; there was evidence of prisoner having obtained the money by
false pretence, but it was not shown that this was done with intent to
defraud the prosecutor, it was merely to compel payment of a debt due
to him from the prosecutor. The same point was prominently put to the
jury by the Chairman, in summing up; and the jury immediately returned
a verdict of Acquittal.
THE REDRUTH DISTURBANCE - GEORGE STAPLETON, JAMES JEWELL, JOHN JONES,
MARY TIPPETT, JANE TRENGOVE, MARIA FLOYD, and WILLIAM FRANCIS, were
indicted for unlawfully and riotously assembling on the 4th of June, in
the parish of Redruth, disturbing the public peace, and making an
assault on JOHN CHARLES LANYON and JOHN PHILLIPS ROGERS, constables in
the execution of their duty. The prisoners were also indicted for
common assault on the same parties. Mr. Shilson for the prosecution,
stated that as these prisoners had, yesterday, been convicted of felony
in the other court, the prosecutor in the exercise of his discretion,
now moved the court to be permitted not to offer any evidence on the
present indictment. The Chairman then directed a verdict of Acquittal.
SATURDAY, JULY 3 - The prisoners were sentenced this morning by J. K.
LETHBRIDGE, Esq., chairman, and the following are the sentences of
those whose trials we reported last week -
CHARLES VENNICOMBE, Four Months' Hard Labour.
MARK MORCOM, Six Months' Hard Labour.
ROBERT SPRY REED, Six Months' Hard Labour.
WILLIAM HAMLEY, Twelve Months' Hard Labour.
HENRY CUNDY, Nine Months' Hard Labour.
FRANCIS ADAMS, Nine Months' Hard Labour.
JAMES MARTIN, (second conviction) Seven Years' Transportation.
JAMES GILL, Three Months' Hard Labour, with One Week's Solitary
Confinement.
JAMES MILLER, Two Months' Hard Labour.
JANE TREMAIN, Two Weeks' Hard Labour.
JOHN HONEY, One Week's Hard Labour.
MARY WILLIAMS, One Month's Hard Labour.
JOHN JEFFERY, (second conviction), Twelve Months' Hard Labour.
MATTHIAS THOMAS LOMBE, Four Months' Hard Labour.
JOHN HENRY THOMAS, Four Months' Hard Labour.
THOMAS HARRIS, jun., (second conviction) Ten Years Transportation.
JOHN GROSS, Six Months' Hard Labour.
CHARLES BURNETT, Six Months' Hard Labour. The Chairman said the court
was determined to mark the plundering of changing houses with some
degree of severity on account of the circumstances under which these
robberies were generally committed.
PHOEBE HARVEY, One Month's Hard Labour.
CHRISTIANA RODDA, Eight Months' Hard Labour.
SAMUEL BLOUCHER, Twelve Months' Hard Labour.
RICHARD EVAL, (second conviction), Seven Years' Transportation.
ELIZABETH HOLLOWAY, Two Weeks' Hard Labour.
APPEALS - The following appears were heard by the Court, J. K.
Lethbridge, Esq., Chairman:- Creed, Appellant, Mr. SHILSON; St. Mary's
Truro, respondent, Mr. HOCKIN. This was an appeal against the removal
of THOMAS WILLIAMS, his wife, and three children from respondent to
appellant parish. Order quashed by consent, with GBP5 costs, and GBP7
for maintenance.
St. Stephens by Saltash, appellant, Mr. HOCKIN, Mr. DARKE, and Mr.
PEDLER; borough of Saltash respondent, Mr. SHILSON and Mr. CLEVERTON.
Appeal against the removal of RICHARD WITTICOMBE, his wife, and son
from respondent to the appellant parish. Order confirmed; costs GBP15;
maintenance not ascertained.
Appeal against the removal of RICHARD HELLAND and MARY his wife from
Saltash to St. Stephens by Saltash. Order confirmed; common costs,
maintenance not ascertained.
St. Stephens by Saltash, appellant, Mr. Hockin; Saltash, respondent,
Mr. Shilson. In this case an order had been made for the removal of
pauper called RAWLINGS to St. Stephens by Saltash, and the respondent
parish moved to quash their own order. No maintenance.
Breage, appellant, Mr. Shilson and Mr. Childs; Ludgvan, respondent, Mr.
Hockin and Mr. Darke. Appeal against an order for the removal of JOHN
GILBERT, from Ludgvan to Breage. Order quashed; maintenance GBP3,
common costs.
Wendron, appellant, Mr. Shilson and Mr. Childs; Marazion, respondent,
Mr. Darke and Mr. Hockin. Appeal against an order for the removal of
EDWARD ROGERS and family from Marazion to Wendron. Order confirmed;
maintenance 12s.
Marazion, appellant, Mr. Shilson and Mr. Childs; Mawgan in Meneage,
respondent, Mr. Hockin and Mr. Genn. Appeal against the removal of
PRISCILLA CLATWORTHY and five children from respondent to appellant
parish. Order quashed; no maintenance.
St Anthony, appellant, Mr. Hockin and Mr. Childs; Constantine,
respondent, Mr. Shilson and Mr. Genn. Appeal against an order for the
removal of JAMES WILLS from respondent to appellant parish. Order
confirmed; no maintenance.
During the hearing of the appeals, the Rev. PHILIP VYVYAN ROBINSON took
the usual oaths on being appointed to the livings of Landewednack and
Ruan Major.
16 JULY 1847, Friday
ROYAL AGRICULTURAL SOCIETY - At a late weekly meeting of this
Society, RICHARD TAYLOR, Esq., of Fen mere, near Falmouth, was elected
a member.
COMMENCEMENT OF CORN HARVEST - On Tuesday last, Mr. ROBERT GETTY, of
Bodmin, commenced harvest by cutting on the WHITLEY estate, a very fine
field of rye. The crop proves to be an abundant one.
RESTITUTION - A few days ago, Mr. P. NICHOLLS, innkeeper, of Dulce,
near Liskeard, received a letter inclosing GBP2. 5s., from an
Episcopalian Methodist Minister of New York, saying that a young man, a
minister of his church, who once lived in the former place, and had
taken out of a glass in Mr. Nicholls's bar a few shillings having
altered his course of living, could not rest until he had made ample
restitution to the person he had injured; and as he could not tell how
many shillings he had taken, he sent the above sum, which he thought
would much more than cover the amount.
STEAMER STRANDED - On Sunday morning last, about four o'clock, the
"Duke of Cornwall" steamer, one of the finest of the vessels belonging
to the London and Dublin Steam-packet Company, went ashore on the rocks
in Gorrans Bay during a dense fog. The captain, who had been on deck
since leaving London; after making the Deadpan, turned into his berth,
and left the vessel in charge of the mate, who supposed that she was at
the entrance of Falmouth harbour. Then the tide ebbed the steamer was
left high and dry in a perfectly upright position with so equal bearing
that she sustained little or no damage.
COUNTY SMALL DEBTS' COURT - Truro - A sitting of this court was
held by the learned judge, G. G. KEKEWICH, Esq., on Friday last, at the
Coinage Hall, Truro, when there were eighty cases for trial.
Applications were first made for leave to issue summonses directed to
parties residing out of the district; and summonses were granted on its
being stated by the parties applying that the goods were sold and
delivered within the district, or, if the debt accrued on a bill of
exchange, that the bill was drawn and accepted in the district. A case
was brought before the judge by Mr. CORNISH, in which judgment had been
obtained against a defendant in the old county court, and in
consequence plaintiff had sold defendant's premises, but the latter now
refused to give up possession. Mr. Cornish applied, under the 4th
section of the small debts' act, to have the machinery of this court
brought into action, in order to carry out the judgment of the old
court, and put the plaintiff in possession of the premises. To show
that this court had power so to act, he cited the case of MULLARD v.
BENSON reported in the Law Times. The learned Judge doubted whether an
unsatisfied case in the old court could be enforced by the present
court; or that an action entertained in another court could be
continued in this. In the case of GEORGE WOOLLEY v. ELIZA JAMES,
plaintiff stated that defendant had signed over her goods to one of her
creditors to the exclusion of the rest, and that she was about to leave
Truro to carry on business at Plymouth in her sister's name. The Judge
ordered payment of GBP3 a month, the debt being GBP14. 14s. 6d. He
said that if defendant failed to pay the instalments, and plaintiff
could show that she had available means, but had disposed of her
property with the intention of defrauding him, he (the Judge) had power
to send her to prison. In the case of MILLS v. TREGUNNA, plaintiff and
defendant being both sworn, managed to mystify the case by their
various statements in a most extraordinary degree; upon which the
learned Judge said that if the plaintiff did not bring forward
corroboratory or explanatory evidence when it was in his power, he
should make it a rule to nonsuit the plaintiff for his neglect.
CORONER'S INQUEST - An inquest was held last week at Trafalgar, near
Boscastle, on the body of RICHARD SYMONS, who was accidentally killed
by a whim in loading a vessel with slate. The whim struck him on the
back part of his head, fracturing his skull, and causing instant death.
He has left a widow and eight children.
THUNDER STORM AND DESTRUCTIVE FLOOD - On Thursday, the 8th instant,
an awful thunder storm visited Camelford and its neighbourhood, which
caused the overflow of the river Camel, and the destruction of a large
amount of property. So terrific a storm and flood has not been known
at Camelford since the year 1797; and it is remarkable that in the
present instance it took place on the same day and about the same time
as the awful flood and loss of life occurred at East Wheal Rose mine
last year. Although on this occasion we rejoice to state that no lives
were lost, yet the whole course of the valley from Camelford to
Wadebridge, in which the river Camel runs, was the scene of
devastation; and in the course of the day several persons narrowly
escaped being overwhelmed by the rushing waters. We have collected the
following particulars of this destructive occurrence from the
communications of several correspondents:- About ten o'clock on
Thursday morning, large masses of clouds hanging over the neighbourhood
of Camelford, portended a violent thunder storm, which shortly
afterwards commenced, accompanied by vivid forked lightning. The
almost continual rumbling and bursts of thunder made everything
tremble, and the rain at the same time descended in torrents. The
greatest fall appeared to be about Devil's Jump, in the parish of
Advent, between Camelford and Rough or; and in a short space of time
the flood came rushing down through different channels, extending
beyond the ordinary bounds of the water-courses, and carrying off in
its rapid progress hedges, bridges, flood gates, hundreds of trees,
fields and stacks of hay, corn growing near the streams, and everything
that stood in the way of this extraordinary flood. The rain continued
during five hours, and deluged the lower part of Camelford, filling
several houses with water to the depth of three or four feet, but
happily without material injury to the buildings. At a short distance
from the town, however, the damage was more extensive, there being
three bridges swept away in the parish of Camelford, within a mile of
the town, which had been built at considerable expense within the last
few years. Great part of a building erected about twenty years since
by the late Mr. JAMES HARVEY for the tanning business, has also been
swept away by the flood; and the crops and soil of Mr. PARSONS, miller,
shared the same fate. At Hillsborough, near Devil's Jump, a man was
surrounded by the water and compelled to climb a tree, which
fortunately was not uprooted by the water, and on which he was obliged
to remain for nine hours until the flood had subsided. At twelve
o'clock the river Camel had risen to the astonishing height of five
feet beyond high water mark in ordinary floods. The river runs through
several moors, and among others through two of large extent belonging
to Mr. W. H. KING, surgeon, in which he had grazing at the time
nineteen fat sheep of the best quality, worth upwards of GBP50. The
whole of these had a very narrow escape from drowning; for on the alarm
being given about twenty or thirty men ran to the spot, and with great
difficulty rescued and landed the animals, they being then floating and
gliding on with a tremendous volume of water. In another place a
donkey and some cattle were carried down the stream, but our
correspondents have been unable to ascertain how many animals have been
lost from the neighbourhood. The effect of the flood has been such
that the channel of the river is now generally more than double its
usual size. Scores of acres of the best land have been carried off by
the force of the water, and considerably more is buried in rubbish.
The hedges in various places were completely turned over and washed
away, and many estates have been so much damaged that in some places
there will be considerable difficulty in ascertaining the former
boundaries of the farms.
At the flood pursued its course through the valley towards Wadebridge,
it increased in volume and rapidity. Above Wadebridge the stream is
usually rapid, varying from one to two or three feet in depth, but on
this occasion the river rose nearly fifteen feet above its usual level.
The water covered in many places the whole width of the valley to the
roads on each side, to the extent of a quarter of a mile and upwards.
Our Wadebridge correspondent states that the inhabitants of that town
were not a little surprised about six o'clock in the evening, to
witness a considerable freshet[?] in the river, bringing with it an
immense quantity of brushwood, &c. In less than half an hour
afterwards the water had risen at least five feet, and barges and boats
which a few minutes previously were high and dry, were floating about
in the river. The torrent was now seen coming down with tremendous
rapidity bringing with it large trees which had been torn up by the
roots, and timber of all descriptions, as well as cattle. Sheep, pigs,
and, it is stated, a horse and cart, were carried through the arches of
Wadebridge. The rush of water indeed, seemed to have carried
everything before it, and great apprehension was felt for the safety of
the bridge, the foundation of which had to resist a much greater force,
it is supposed, than had ever before been brought against them.
Nothing equal to this flood had ever before been witnessed at
Wadebridge. The tide was fortunately out when it came down the river,
otherwise the consequences would probably have been of more
violence[?]. As it was, the flood continued pouring in until eleven
o'clock before it abated, and the water during this time was as high as
if the ordinary tide had been full. Although the storm was so violent
in the neighbourhood of Camelford, the rain that had fallen during the
day at Wadebridge was nothing more than a few heavy showers. At Bodmin
the weather was very warm, with thunder clouds hanging about, but only
one or two showers fell throughout the day. An engine working on the
Bodmin and Wadebridge railway happed to be nearly at the head of the
line, at the WREFORD station, on the course of the river; and the
river; and the men employed on the line observing a sudden rise of the
stream hastened towards Wadebridge, and alarmed the persons on both
banks of the river. Where Cattle were observed in the low lands, they,
in the most praiseworthy manner, assisted in driving them to places of
safety, and thus considerable loss was prevented, as in a very short
time all those lands were covered with water and scarcely a bush in the
hedges was to be seen. The damage and destruction occasioned to
several bridges between Bodmin and Wadebridge is such as will involve
considerable expense to repair or rebuild them. WREFORD bridge, which
is a county bridge, is greatly damaged. The public house at this place
was flooded with water; a stable was washed away, and it was with great
difficulty that the landlord got out of it before the walls gave way.
Near this place also, a large granite gate-post was washed from its
position upwards of twenty-five feet. Trezarrett, another county
bridge has also suffered great injury, and the house in which the
wharfinger lived was swept away. The bridge at Helland was very little
damaged in consequence of the torrent dividing before it came to the
bridge, and passing over some adjoining low lands. The mill-house,
however, near this bridge was flooded, the end of the dwelling wash
down, and a considerable quantity of the furniture destroyed. At
Helligan Mills, Mr. JAMES LAKE and Mr. BENNETTS suffered a serious loss
of property. Dunmeer bridge, belonging to the county, and situate on
the turnpike road between Bodmin and Wadebridge, was nearly destroyed
by the flood; the buttresses forming the approaches are the only
portions of the bridge now remaining. The communication between Bodmin
and Wadebridge by that route is therefore for the present cut off, and
the only road between those towns for carriages and horses is now by
way of Helland bridge, which increased the distance several miles. Mr.
ALLEN, miller, who resides near Dunmeer bridge, has suffered greatly,
having had a field of grass, which was just cut, swept away, with the
greater portion of two ricks of hay; and the mill-dam was also severely
injured. At Boscarne, a wooden bridge was washed away, the orchards
and gardens of Mr. LANDER, miller, being also deluged, the fruit trees
swept away, and the crops destroyed. Mr. Lander was not at home, and
the main approach to the house having been swept away, the family were
greatly frightened. They took refuge from the water by running
up-stairs. They were, however, mercifully preserved from drowning, as
the house stood until the subsidence of the water.
TRURO POLICE - On Monday last, ELIZA ROWE was committed for one
calendar month for being a common prostitute and behaving in an
indecent manner. MARY ANN WILLIAMS was committed for three weeks' hard
labour for sleeping in the open air, not having any visible means of
subsistence, and failing to give a good account of herself. SUSAN
WILLIAMS was committed for one month to hard labour for the like
offence. On Wednesday last, JOHN PASCOE, of Gwennap, quarryman was
committed for trial at the Assizes for stealing a too foot rule from
the too-house connected with Newham quarry, the rule being the property
of THOMAS CLARKE.
SHEEP STEALING - On Saturday night last, sheep belonging to Mr. JOHN
SPEAR, of Northhill, were stolen from an overland tenement in his
occupation called Totterdown, situate in the parish of
[Stoke......land?] The skins were found in a shaft adjoining, and
suspicion fell on a man in his employ, named [CALLA......?] who
immediately absconded; and on searching his cottage, a large quantity
of fresh mutton was discovered. A warrant has since been issued for
his apprehension.
ACCIDENT - On Friday last, while a boy, who was in charge of a horse
and cart, the property of Mr. OLIVER of Bodmin, was fastening the gate
of a field, the animal from some cause took fright, and started at a
rapid rate down St. Nicholas-street, into Turf-street, the bottom part
of which being very narrow, and the horse having a corner to turn,
could not clear it, and ran against the premises of Mr. R. BURROWS,
cooper, broke in the door and knocked the shafts of the cart to pieces.
The horse broke his shoulder and was otherwise injured, so much so,
that he was taken away upon a dray and immediately killed.
SERIOUS MINE ACCIDENT - On Monday morning last, whilst a man called
HENRY HOSKIN, who is about sixty years of age, was engaged underground
at Trenow Consols, drawing materials, a stone fell upon him and
fractured his skull. He was taken up and conveyed to his home at
Lanterran, near Goldsithney, quite insensible, and there is no hope of
his long surviving the accident.
MELANCHOLY AND FATAL ACCIDENT - On Wednesday se'nnight, the Rev. Mr.
DE FRIEUX? who has been residing at Penzance for the last few months,
for the benefit of the health of some of his family, left that place
with several of his family, in the yacht "Coquette," which he had hired
for the season, for a visit to Plymouth. The wind was fresh, but by no
means amounting to a gale; but when off the Lizard, the main sheet gave
way, and the eldest son, a lad about sixteen years of age, who was
leaning on the boom, was thrown overboard. The vessel passing through
the water at a very rapid rate, the unfortunate lad was soon left
behind. The sheet had to be repaired and this took some time to
effect; as soon, however, as it was done, the yacht was put about, but
not in time to be of any service. The vessel and all the ropes were
new, and the breakage would not have been [......dected] if the rope
had been of a proper size. In addition to this fault, there was only
one man on board who could manage the boat; he therefore could not have
left the helm without endangering the lives of the whole party.
23 JULY 1847, Friday
MINUTES OF A RECENT VISIT TO THE FLEMINGTON, NASHANIC, ALLEGHENY AND
SCHUYLER COPPER MINES IN NEW JERSEY - In company with others, I left
Philadelphia some days since in the New York line, and after arriving
at Trenton and dining, we hired a conveyance and proceeded by the way
of Penington, Suidertown, Rochtown, and Risgoes[?] [RINGOES ih] to Flemington, a distance of twenty-three miles, where we arrived at early tea time,
having passed through a hilly and well cultivated country, and remarked
nothing peculiar but wretched oat crops, indifferent wheat crops, and
the plain effects of an unusually cold and dry season upon vegetation
generally. We stopped at "Hart's" Hotel, and soon had the pleasure of
an introduction to Messrs. GAY and OSBORNE, the superintendent and
chemist of the Flemington Mines, from whom we learned many agreeable
details respecting them. We found Flemington an attractive looking
town of about 500 inhabitants, with several handsome churches, an
academy, public library, handsome stone cart house, &c., which with the
private dwellings are built mostly upon one main street. It is
forty-five miles from Philadelphia, with which it has a daily
communication by stages.
The next morning we went to the mines with Mr. Gay, which are close
upon the road leading over to the Delaware, and about half a mile from
the town. Here we found a cluster of frame buildings, sheds, &c.,
consisting of an engine house, smelting house, laboratory, store house,
office, smith's shop, horse whim, &c., and between them various large
heaps of ore and rock. After examining some rare specimens and a
correct map of the mines at Mr. Gay's office, we were provided with
candles, and went down the "new shaft," and were taken in succession
through the various drifts or cuttings, to where the miners were busy
getting out the ore, which for the last forty days, has amounted to
over two hundred tons, containing twenty-five per cent of copper.
Emerging from this interesting but somewhat dismal place, we visited
the engine house, assorting sheds, and roasting heaps, and finished
with pocketing specimens of ore, from the huge piles which now amount
to near eight hundred tons, judged to contain an average of eighteen
per cent of copper. Six hundred tons of this ore have been valued
since the 1st of January, with an average of eighteen hands. The
present force is about thirty men who take out five tons a day, which
if continued, will add 925 tons to the 800 new mined, or 1,725 tons
total for the year. This at 18 per cent would yield three hundred and
ten tons of copper, which can be sold for 350 to 400 dollars. This
grand result is based upon the idea of the company's entire success in
smelting - of which there seems to be little doubt. Two new furnaces
will be shortly erected at a very moderate cost, when the smelting will
go on in a regular way. Besides the veins now being worked, there are
others upon contiguous property - which have been secured. The capital
stock consists of 10,000 shares - the par value of which is 20 dollars,
these have rapidly risen to 31, and if the operation continue according
to present prospects, by the end of the year they will be worth three
times this price.
The Nashanic Mine - The present association who are about to re-open
this mine under the charter of the former company, have scarcely
completed their organization. The old shaft is upon a farm of about
sixty acres, contiguous to the Flemington property. A small steam
engine is upon the ground, and about to be erected, to free it from
water preparatory to mining. There are no buildings yet erected. This
company are said to own about two hundred acres of land near
Somerville, containing ore. The stock contains fifteen thousand
shares, which have recently sold as high as eight and a half dollars.
The Allegheny Mine - Is upon the northern side of the Blue Mountain,
seven miles above the Delaware Water Gap, in Warren county. Taking a
private conveyance, we passed from Flemington over a very hilly yet
well cultivated country, through Clinton, Mansfield, Oxford, and
Belvidere, to Columbia, a distance of forty-one miles. Here we spent
the night and leaving at eight o'clock next morning, went through the
"Water Gap," and arrived at "Shoemaker's," a substantial tavern on the
edge of the river, within three-quarters of a mile of the mine.
Leaving our horses and refreshing the "inward man," we walked to the
ruins of an old saw-mill, where the company's property begins, and by a
rugged path ascended several hundred feet to where the men were at
work. Here we were met by Captain EWING, the superintendent who
conducted us still higher and along the edge of the mountain to the
various diggings, giving us every opportunity to judge of the quality
of the ore and extent of the vein, which has been traced for more than
a mile, dipping towards the river at an angle of about fifty-five
degrees. The average opinion is, that the ore will yield from seven to
ten per cent; but the large quantity, favourable position for working
with its close proximity to the river and great abundance of wood for
mining purposes and smelting, go towards placing it upon an equality
with richer ores less favourably circumstanced. There are two old
shafts in the mountain, out of which, according to tradition, ore was
taken by the Germans before the Revolution. There are no buildings yet
erected. We were told the property was bought for about 20,000
dollars. The stock consists of 10,000 shares, and was recently run up
to 22 dollars a share, but has since receded to 16 dollars, or eight
times the purchase money. It must necessarily be some time before this
concern can get into operation and pay a dividend upon the stock. On
our return we crossed the river at "Shoemaker's," and passed down the
west bank to Mrs. Broadhead's Mountain House, at the "Gap," certainly
one of the most attractive of places, the views of the hill above the
house being unequalled for grandeur, beauty, and extent. From here we
passed on to Easton, and then across to Flemington, greatly preferring
this to the route we went.
The Schuyler Mines - Are about one mile from Belleville, in Essex
county, on the borders of the wide marshy valley of the Hackensack, and
may be readily visited from New York City, by the Newark trains which
leave several times a day. These mines and beds were very extensively
and profitably worked many years since. There are some eight or ten
men now at work, the most of them in cleaning out the old shafts and
drifts. There were no buildings erected but a small stone office. The
ore is of rich quality, and ten or fifteen tons already mined. We were
told the present company are to pay seventy-five thousand dollars
purchase money for their concern. The stock consists of thirty
thousand shares, and has recently sold at thirteen dollars, but can now
be bought for less. This, like the Allegheny, must be in successful
operation for some time before the stockholders can hope for a
dividend. The writer is disposed to believe that the time is not far
distant when a vast return will result from the mining of copper ores
in New Jersey. The indications are already so numerous, and increasing
every day, and the ore so valuable when mined, that this would seem to
be an inevitable consequence. - Philadelphia, May 1847. E.
In the same way as English orders in council and the corn-laws made the
United States a manufacturing people, so the high duties in England on
foreign copper ore are making them a smelting one. The British
government and others were warned of this several years ago, but it was
of no use. The Boston and Baltimore furnaces are in successful
operation.
SHERIFFS' COURT - A sitting of this court was held at the
Coinage-hall, Truro, on Saturday last, WILLIAM HOCKIN, Esq., presiding
in the place of the under sheriff, T. COODE, Esq., of St. Austell. The
only action for trial was that of [Israel?] PELLOW v. AMOS DABB. Mr.
Borlase appeared for the plaintiff, and stated that his client was
purser of Garras? and other mines; defendant was also a mine agent, and
lived at Treloweth, in the parish of Ludgvan. On or about the 24th of
December, 1845, plaintiff agreed to purchase a house near Chacewater of
defendant, for the sum of GBP123, towards which he paid GBP41 as
deposit-money. The purchase, however, was not completed, and defendant
repaid to plaintiff GBP20 of the deposit money, but failing to pay the
remaining GBP21, the plaintiff brought this action to recover that
amount. Mr. Borlase called Mrs. GRACE PELLOW?, the mother of
plaintiff, who deposed to these facts, and JOHN SEELEY, who proved an
admission on the part of the defendant that he owed the money.
Defendant made no appearance in Court. The jury returned a verdict for
plaintiff for GBP21.
REDRUTH AND POOL RIOTS - A special Session was held at Crotch's
Hotel, Hayle, on Friday last, to consider the legality of a claim made
by Mr. JOEL BLAMEY, of Pool, Mr. THOMAS HEYNES, of Redruth, and Mr. WM.
WARMINGTON, of the same place, for damages sustained by them on Friday,
the 4th of June, by persons who riotously assembled, broke open their
warehouses, and destroyed, wasted, and carried away property, to the
amount of GBP100. Messrs. Blamey and Heynes stated, that in order to
bring the amount of loss within the jurisdiction of the magistrates,
they had only made claim for GBP30 each, thus waving their claim for
the property feloniously stolen and carried away by the persons tried
at the last sessions held at Bodmin, and only asking compensation for
goods wasted and destroyed. Mr. Warmington's claim was for GBP5. 10s.
Much time was spent by the magistrates in discussing and objecting to
the form of the notice given by the high constable for their meeting
together that day. It was also a query with them whether they had
power to adjudicate, as the loss sustained by two of the complainants
exceeded GBP30. These objections were, however, overruled by Mr.
Darke, their legal adviser; but he informed them there were other
objections which would prove fatal to the claims made. Messrs. Blamey
and Heynes, with their witnesses, were then requested to withdraw; and
after a deliberation of half an hour, they were again admitted and
informed that the bench had unanimously agreed under the direction of
Mr. Darke, not to award anything for the loss sustained. They stated
that the riot being of a felonious character, vis, in which
[............?] of goods belonging to others, whatever property they
destroyed, in the accomplishment of this, the object did not come
within the meaning of the act of parliament, which authorises
magistrates to award compensation for damages sustained. Mr. Heynes
remarked, that as magistrates had no power to reimburse persons for the
loss of property thus riotously and wantonly destroyed, he hoped in
future they would avail themselves of the power they possessed to
prevent the destruction of property. He stated that his own loss was
solely occasioned by the military being kept, by order of the
magistrates, at the west end of the town, whilst the riots were at the
east; that he entreated Mr. MAGOR, previous to the stores being broken
open, to send the military to the spot, but his request was
disregarded, although proof was given that the mob were determined to
force the doors; that after the stores were broken open, from the
distance the soldiers were stationed from the scene of the riot, more
than half an hour elapsed before they could be brought on the premises;
but that as soon as they appeared, the stealing and destroying
instantly ceased - a proof that had his request been attended to the
magistrates would not have had to meet on the present occasion. Mr.
PASCOE defended the magistrates, and stated that they endangered their
lives by the steps they adopted on the day in question.
FALMOUTH QUARTER SESSIONS - These sessions were held on Wednesday
last, before H. MERIVALE, Esq., the recorder. There was only one case
for trial that of a lad named RAIL, charged with an assault upon a girl
called DREW, the nature of which has already appeared in this paper.
The jury could not agree, and were consequently locked up until seven
o'clock in the evening when the recorder discharged them, leaving it
open to the plaintiff to prefer another indictment against Rail at the
next quarter sessions.
PENZANCE QUARTER SESSIONS - These sessions were held on Monday last,
at the Guildhall, before HERMAN MERIVALE, Esq., recorder, and the
magistrates of the borough. There were only two cases for trial by the
Court. JOHN TONKIN, 16, and WILLIAM EDDY, 13?, were charged with
stealing, on the 24th of June, a quantity of rope, the property of W.
D. MATHEWS, and Co. It appeared from the evidence that the company
kept some rafts of timber in the water near the dock, which were
fastened by means of a rope through staples, and thence round a pole on
shore. It was the rope that the prisoners were found guilty of
stealing, and both were sentenced to six weeks' hard labour.
ROBERT ROBINSON alias ROBERTSON, 17, was charged with stealing a
quantity of cable from the Penzance Shipping Company. The cable was
alleged to have been stolen from a cellar adjoining Mr. JENKINS's
blockmakers' shop, in which the prisoner worked as an apprentice for
Mr. Jenkins. The jury, however, considered the evidence insufficient
to convict the prisoner, and returned a verdict of acquittal.
HELSTON QUARTER SESSIONS - On Tuesday last, these sessions were held
before HERMAN MERIVALE Esq., recorder, and the borough magistrates.
HENRY TURNER and THOMAS WILLIAMS, the younger, were indicted for
stealing two jars of spirits, from a booth in the Lower Green, at ten
o'clock at night, on the 21st of June last, the property of Mr. THOMAS
EVA, innkeeper. Thomas Williams, however, being admitted to give
evidence, the indictment against him was withdrawn; and as it appeared
that the offence was committed out of the jurisdiction of the borough,
Turner was also acquitted.
JOHN FORD, of Gerinoe[?], farmer, was convicted and sentenced to seven
years' transportation for feloniously receiving the jars mentioned in
the last case, he knowing them to have been stolen. The culprit was
immediate conveyed to the borough prison, whence he effected his escape
on the following morning, about eight o'clock, through the chimney of
the prisoner.
PRISCILLA TRESIDDER, alias VINCENT, was indicted for keeping a house of
ill fame, in Wendron street. She pleaded guilty to the charge, and was
sentenced to be imprisoned in the gaol of the borough for [.......
.........?], the [..........] magistrate, having taken into his
consideration the fact of her being imprisoned nine weeks previous to
her trial.
CORNWALL SUMMER ASSIZES - These Assizes will commence on Wednesday
next, on which day the learned Judges on the Wendron Circuit, Sir
THOMAS WILDE, Chief Justice of the Court of Common Please, and Mr.
Justice WILLIAMS, of the Common Please, will arrive at Bodmin from
Exeter, and upon the commission at the County Hall. The calendar
contains the names of thirty-five prisoners, and of these sixteen are
indicted for having, on the 11th of June, last, at the parish of St
Austell, with divers other evil disposed persons, unlawfully,
riotously, and tumultuously assembled together, in the disturbance of
the public peace; and being then and there required and commanded by
NICHOLAS KENDALL, Esq., High Sheriff, by proclamation in the Queen's
name, then by him made, to disperse themselves, and presumably depart
to their habitations or lawful business, feloniously did then and
there, riotously and tumultuously continue together for the space of
one hour after such request and command made by proclamation as
aforesaid. One of the prisoners charged with this offence at St.
Austell, is also indicated for having assaulted and struck EDWARD
STEPHENS, Esq., during the riots at Wadebridge on the 12th of May; and
another prisoner is charged with riot at St. Austell only, without the
additional offence of remaining an hour after the reading of the riot
act. Of the other prisoners in the calendar, one is indicted for
forgery, one for coining, one for wounding with intent to do some
grievous bodily harm, two are charged with setting fire to a coppice,
the property of Sir WILLIAM MOLESWORTH, two are indicted for breaking
and entering grist mills and stealing flour, six are charged with
breaking and entering two dwelling houses, one is indicted for horse
stealing, and seven for felonies. The education of the prisoners
appears from the calendar to be lamentably deficient; thus bearing out
the oft repeated observation that crime and ignorance are usually
associated. Of the thirty-five prisoners, twelve can neither read nor
write, twelve can read only; eight can read and write imperfectly, and
only three can read and write well. Of the sixteen prisoners committed
for rioting, five can neither read nor write, five can read only, four
read and write imperfectly, and only two can read and write well.
CHURCH BUILDING ASSOCIATION - At a quarterly meeting of the Church
Building Association, held at Exeter on Wednesday, the 7th inst., an
application was received from FRANCIS RODD, Esq., of Trebartha Hall, on
behalf of the inhabitants of Bolventor, to erect a new church of
granite for the accommodation of the district population, which in the
year 1841 numbered two hundred and fifty, engaged in agriculture and as
stream miners. The present church room provides sittings for only four
hundred persons, out of a population of more than one thousand three
hundred, of these eighty are appropriated, and three hundred and twenty
free. The proposed additional church room is to accommodate one
hundred and fifty, all free. Total expense of the new work is
estimated at GBP666, whereof GBP310 is subscribed, and the meeting made
a grant of GBP100. The patron, Mr. Rodd, has promised an endowment of
GBP45[?] per annum, and GBP5 a year for repairs; beside building a
parsonage house.
SCILLY - On the 13th instant, a fine schooner, called the "Rosevean,"
was launched from the building yard of Mr. W. MUMFORD; and on the 14th,
another of the same size, viz. 100 tons, called the "Surprise," was
launched from the yard of Mr. B. HICKS; the former is ready for sea,
the latter not. Both are intended for the foreign trade.
LOSS OF A FRENCH VESSEL - On Thursday, the 15th instant, between two
and three o'clock, three fishermen, of Whitsand Bay, called RICHARD
PENDER, WILLIAM PENROSE, and JAMES GEORGE, fell in with a boat near the
Longships Lighthouse, containing six Frenchmen, who did not know their
whereabouts, and the weather being very thick, they asked the fishermen
to tow them to land which they did. It appears that about an hour
before, during the fog, the French lugger "La Bellons," Capt.
LESQUELEN, from Brest for Swansea, in ballast, struck a rock near the
Land's End, when the vessel immediately went down, the crew, six in
number, taking to the boat, and being picked up as described. On the
Saturday, the crew came to Penzance, and applied to the French Consul,
RICHARD PEARCE, Esq., who took care of them. They have since left.
FATAL ACCIDENTS - On Tuesday last, as Mr. THOS. SARAH, a farmer of
Gwinear, was in one of the bedrooms of his house, directing the
workmen, who were effecting some alterations in the premises, one of
the walls fell and killed him on the spot.
Friday evening last, MURDOCK ROBERTSON, who has for many years super
intended the pier light at Penzance, accidentally fell from the outer
alcove upon the quay, and fractured his skull. He was conveyed to his
house in an insensible state, and died in about two hours afterwards.
An inquest was held on the body on Saturday last, before J. ROSCORLA,
Esq., coroner, and a verdict returned, of "accidental death."
CORONER'S INQUESTS - On Monday last, an inquest was held at the
King's Head, Lemon Street, Truro, before JOHN CARLYON, Esq., coroner,
on the body of ARCHIBALD SKELLETT, who hung himself, and was found dead
in his bed-room, in Calenick Street, on Sunday morning last. After the
jury had viewed the body, the following witnesses were sworn:- DAVID
HAWKING said the deceased was a Coal carrier, forty-five years of age
and lived by himself. Witness had known him about twelve years. He
had lately been very low-spirited, and witness had several times asked
him how he was? He said he was very bad; and he had been generally
complaining of being unwell for a long time past. On Sunday morning, a
little boy was knocking at deceased's door to get the key to attend
deceased's horse, as he was in the habit of doing. He could get no
answer, and witness in consequence managed to get up so as to look into
the bed-room window, when he saw Archibald Skellet hanging. He made an
alarm and sent for HENRY JANE, a constable, who came, and they broke in
the door. Deceased, where he was hanging, had one knee on the side of
the bed, and one foot on the floor, with nothing but his shirt on. The
rope was about the size of a halter, but witness did not think it was a
halter. After the body was taken down, witness had the keys, and
unlocked deceased's boxes. Henry Jane, constable, stated that one of
the deceased's boxes contained GBP4. 18s. in silver, a sovereign, and
two half-sovereigns; in another box was a sovereign, two
half-sovereigns, a five-shilling piece, eight shillings, and a
bank-book showing that deceased possessed in the Savings Bank GBP15.
1s. 1d. There was also in the boxes three silver coins, a silver watch
chain, two keys, and clothes; this property he turned over to Mr.
WILLIAM PADDON, in whose employ the deceased had for some time been.
STEPHEN TIPPET[?] said he insisted on cutting down the deceased, who
was quite cold at the [.....?] Mr. PAULL, surgeon, was sent for, and
on his [.......... ......?] the man had been dead many hours, It was
about eight o'clock when he was discovered to be hanging. Witness had
for some time noticed him to be very low-spirited, and he would say
that he was poorly; he had been very unwell on the previous Thursday.
JOHN MORGAN said he had known deceased more than twelve years. For
months past he had been very low-spirited, and was constantly
complaining that he was very ill and wasting away. He was often taken
with the spasms, and witness at times thought that the disorder
overpowered his faculties. Witness went on to state an instant of this
when he was sitting up with deceased one night about five weeks ago,
and when Mrs. Retter[?] sent him some wine and other things. On the
Wednesday night, previous to his death, witness and Mrs. REIDY[?] sat
up with deceased, who was then taken with the spasm complaint, and said
he knew he should not live long, as the attack was different from what
he had had before. FRANCIS HOTCKING, whose house deceased lived in,
gave evidence that deceased had told him he had something on his mind
respecting his daughter, who left him two years ago last February;
going away in the manner she did people talked about it as if he had
driven her away, and he could not bear it. Witness went on to state
that deceased was taken with spasms on the Wednesday night previous,
and thought he was dying. Dr. Paddon was sent for on that occasion.
On Sunday morning, about one o'clock, witness heard some one come down
in the backlet, and supposed it to have been deceased. After hearing
the evidence, the jury almost immediately returned as their verdict
"that the deceased committed self-destruction by hanging himself whilst
in a state of temporary insanity."
On Friday last, an inquest was held at Grampound, before the same
coroner, on the body of ELLEN VERCOE, a little girl who accidentally
fell into the leat which runs at the bottom of the town, called Golden
Mill leat, and was drowned. From the evidence, it appeared that the
deceased was amusing herself gathering rushes at the time she fell in.
Verdict, accidentally drowned.
30 JULY 1847, Friday
LEZANT LITERARY AND SCIENTIFIC INSTITUTION - In a small country
village, named Trebullett, in the parish of Lezant, near Launceston, a
society has recently been established under the above designation. It
was first commenced by a few young agriculturists of that parish, who
formed themselves into a committee, hired a room, and just hinted to a
few friends, that an introductory lecture would be delivered by the
secretary on the probable benefit of institutions of that kind being
established in rural districts, for the diffusion of general knowledge
amongst its scattered population. The attendance upon the first
occasion was larger than was expected, and many received cards of
membership. Since that period three discourses have been delivered on
various subjects, followed by spirited discussions; and on each
occasion with so large an increase of members that the room hired has
been found inadequate, and the committee have determined upon procuring
a more commodious place. The next lecture will be delivered on
Tuesday, August 3rd, at seven o'clock in the evening, by a gentleman
from Devonport on the "Laws of England."
ECCLESIASTICAL - The Rev. G. C. GORHAM, of St. Just in Penwith, has
been presented to a living near Exeter, which he will take charge of in
about four weeks. The living of St. Just has been presented to the
Rev. DAVIES.
LONDON MISSIONARY SOCIETY - On Monday evening last, the annual
meeting of the Penzance branch of this society was held in the chapel,
Market Jew Street, Penzance. The meeting was opened with prayer by the
Rev. T. WILDBORE[?] of Falmouth; JOSEPH CARNE, Esq., occupied the
chair; the report was read by the Rev. W. FLETCHER; and the resolutions
were moved and seconded by the Rev. J. FOXELL[?], Rev. J. YARDLEY, and
by the two gentlemen who formed the deputation from the parent society
- the Rev. E. PROUT, author of the life of JOHN WILLIAMS, the
celebrated missionary, who fell at the island of Erromanga; and the
Rev. Dr. JENKEN, of Christ College, London. The addressed of these
gentlemen were listened to with lively interest, and the collection, we
understand, exceeded those of last year.
THE POTATOE DISEASE - We regret to learn that this disease has
attacked the late crops in St. Agnes, and is rapidly spreading; and
though the tubers are not found to be much affected, yet there is
reason to fear a considerable failure.
THE NAVY - Mr. R. H. WARREN, of Flushing, late master of the
"Dolphin," and who was wounded at the battle of Obligado, in the Parana
river, is appointed to the "Britomart," now at Devonport.
MEDICINE - Mr. JOHN LANGDON HAYDON DOWN, of Torpoint, who was awarded
his certificate for the minor examination of the Pharmaceutical Society
in June, passed his major examination on the 20th instant. The
president, Mr. SAVORY, on stating that in the opinion of the examiners
he had passed a highly creditable examination, and that his certificate
would be awarded accordingly, complimented him on his great and rapid
proficiency.
LONDON HOSPITAL - At the annual examination in physiological botany,
which took place on Monday, the 29th inst., the medal was awarded to
Mr. F. W. P. JAGO, of Bodmin, and the honorary certificate to Mr. W.
BROWN, of London. The prizes on forensic medicine were competed for on
the Thursday following, when the medal was in this case also awarded to
Mr. F. W. P. Jago, for being first, and the honorary certificate to Mr.
H. BURNS, of London, for being second at this examination.
LONGEVITY - At a tea party, which took place lately, at Palmanta, in
the parish of Towednack, there were present, one brother, two sisters,
and a cousin, whose united ages make 344. The parties are all of that
parish.
HAYLE - On Saturday night, the bakehouse belonging to Messrs. HARVEY
and Co., was broken into; but nothing of any consequence was carried
away, the baker having removed nearly all the bread and flour, previous
to his leaving work. The thieves effected an entrance through the
roof. They have not yet been discovered.
INSOLVENT DEBTORS' COURT - a sitting of this Court was held in the
County Hall, Bodmin, on Tuesday last, before HENRY REVELL REYNOLDS,
Esq., Chief Commissioner for the Relief of Insolvent Debtors. The
following cases were brought for hearing on the occasion:- ELIZABETH
GEACH, of Padstow, widow, mercer and draper, was arrested on the 23rd
of June last, at the suit of JAMES and CHARLES MORRISON and Company, of
London for the sum of GBP105. 2s. 4d. She was likewise detained on the
same day by SAMUEL SUGDEN and ROBERT BORRAS, of London, for a debt of
GBP36. The insolvent was unopposed, and Mr. BENNETT, who appeared for
her, handed in her schedule. The Commissioner examined it with
especial reference to a sale of insolvent's effects, the proceeds of
which she had placed in her schedule as having been GBP100, while she
admitted by viva voce testimony that the proceeds were GBP127. 6s. 3d.
This, however, was independent of expenses and rent, and the
discrepancy was at length explained by the evidence of JOHN MARTIN,
clerk to a merchant at Padstow, who attended when insolvent's goods
were sold, to keep a check upon the auctioneer. His account, he
stated, amounted to GBP127. 6s. 3d., but the landlord stopped the sale
until he had been paid about GBP20 for his rent. Mr. PEARCE, a
creditor, put in a letter from GARDE and Company, of London, who also
were creditors, and intimated their suspicions that insolvent's
property had not been fairly dealt with; but living at a distance they
declined to attend and oppose her. The Commissioner, after examining
the schedule, said that nothing had been proved against the insolvent,
and he trusted that the surmises that had been thrown out against her
in the letter were mistakes. He then directed that she should be
discharged forthwith.
WILLIAM HENRY HARRIS, of Mevagissey, draper, grocer, coal and salt
importer, and ship owner, was arrested on the 14th of April last, at
the suite of [....?] Wesley, AND Co., for the sum of GBP122. 4s. 11d.
It appeared that before the day of hearing, the detaining[?] [.......?]
had sent the insolvent his discharge, for on the man being called on,
it was stated that he was discharged on the 21st of July.
JOHN DAVEY of Marazion, mason, was arrested on the 27th of last
January, at the suit of RICHARD CARDELL, of Hayle, for the sum of
GBP205. 6s. In insolent's schedule, among other amounts, the sum of
GBP183 was set down as due to Mr. JOSEPH CARNE, of Penzance. One of
Mr. Carne's clerks attended in order to represent the debt was of
greater amount; but this the insolvent acknowledged, and the amount in
the schedule was altered from GBP183 to GBP280. The Learned
Commissioner directed the insolvent to be discharged forthwith, and Mr.
Richard Cardell was appointed assignee. Attorney for insolvent Mr.
Bennett.
WILLIAM PAYNTER, of St. Breock, farmer, dealer in corn, maltster,
seedsman, and adventurer in mines and shipping, was arrested on the
12th of last May, at the suit of Mr. EDWARD LYNE, of Liskeard, for the
sum of GBP146. 7s. 6d. After examination of insolvent's schedule, he
was sworn to the correctness of its contents, and then order to be
discharged forthwith.
JAMES WILLIAMS, of Hayle, was sued on the 31st of March last, by Mr.
EVANS, of London, for GBP200, which insolvent owed him for stationary.
Before execution was effected it appeared that insolvent made an
assignment of his stock to Mr. RENSHAW, of London, and Mr. Whitford, of
Hayle, two other creditors. The Sheriff's officer, however, afterwards
entered, and the goods were sold for GBP199, Mr. Renshaw and Mr.
Whitford still holding the assignment. None of these particulars
appeared in insolvent's schedule, which was therefore amended, and he
was discharged forthwith. Attorney for insolvent, Mr. C. COODE.
SAMPSON DEEBLE, of the parish of Kea, farmer and miner, was arrested on
the 10th of June last at the suit of WILLIAM CARNE, blacksmith, of
Higher-town, near Truro, for GBP20. 6s. 8d. Mr. PRESTON WALLIS opposed
the insolvent on behalf of the detaining creditor, and elicited from
him that in 1845 he sold the lease of some plots of land for GBP47 to
his brother-in-law, Mr. DAVEY, and that he afterwards paid over that
money to another brother-in-law called HOLMAN, insolvent being at the
same time indebted to Mr. Carne, the detaining creditor for the greater
part of the sum for which he was afterwards sued. Insolvent stated
that he had previously borrowed the money of his brother-in-law JOHN
HOLMAN. Mr. Wallis attempted to raise an inference of unfair dealing
from these circumstances, on the part of insolvent, but the court
thought it was not sufficiently supported. MARY and REUBEN CARNE also
opposed the insolvent, and Reuben made some statements as to the value
of insolvent's property, but it was mere hearsay evidence, and the
opposing creditors had failed to bring witnesses in support of their
statements. The Court discharged the insolvent, at the same time
remarking that if opposing creditors wished to be successful they must
not neglect to bring available evidence of what they wished to
establish.
EXETER DISTRICT BANKRUPTCY COURT (Before Mr. Commissioner Bere.)
Tuesday, July 20. Re - JAMES HAWKEN NICHOLAS, OF Penzance, painter,
glazier, and general dealer, formerly an innkeeper. The insolvent, who
was supported by Mr. LAIDMAN, passed his first examination without
opposition. His liabilities were GBP219. 15s. 5 1/2 d., his assets
consisted of debts (including set-offs), amounting to GBP143. 10s. 8d.,
owing by one hundred and forty-three debtors, and many of which were
bad or doubtful.
Re - ROBERT HALL, of Penzance, hair dresser, formerly eating-house
keeper and beerseller. The insolvent came up on his first examination.
He was supported by Mr. LAIDMAN. In answer to questions by his
Honour, he stated that he had sold his furniture for GBP30 on the 18th
of May last. His liabilities amounted to GBP173. 18s. 1d. His assets
consisted only of book debts amounting to GBP20. 3s. 4 1/2 d.; of which
there were set offs for GBP8. 13s. 2d., and a considerable portion of
the remainder were bad or doubtful.
Re - RICHARD BOSUSTOW, of Redruth, grocer and flour dealer. The
bankrupt passed his last examination. Mr. HERNAMAN observed that the
bankrupt had kept his books with great regularity - there was one item
which had rather surprised him, the bankrupt had set down a loss of
GBP10 per year from rats. Mr. WILLESFORD had been down to take an
inventory, and he had been quite dismayed at the ravages of these
vermin, and believed that bankrupt's loss had been even greater than
had been stated.
Re - JOHN HARVEY, of Liskeard, assayer. The bankrupt passed his last
examination. The dividend on the case of N. J. EARLE, of Falmouth,
grocer, is adjourned.
Thursday July 22 - WILLIAM ALLEN, of Gwennap, tailor, and R. WHITE of
St. Just, baker, both passed their last examinations without
opposition.
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