cornwall england newspaper
1848 NEWS
JANUARY
7 JANUARY 1848, Friday
LOCAL INTELLIGENCE
EARL OF FALMOUTH - The Earl of Falmouth arrived at his seat on Wednesday last, and, according to a good old English custom, a bullock was killed, which was distributed by his lordship, on twelfth day, amongst the labouring classes of the parishes of St. Michael Penkivel, Merther, and Lamorran.
THE VOICE OF BENEVOLENCE - On Wednesday last, tea &c was provided at the Sailors' Room, Falmouth, by some unknown friend to the aged poor of that town. The entertainment was conducted by a committee of young ladies, each of whom took a table, and about one hundred and fifty elders were regaled with the abundance set forth. The sight was most imposing, and the smiling poor welcomed the new year of 1848. After the cloth was removed, the REV. T. WILDBORE (Independent minister) addressed the company in a most suitable and impressive manner, whilst all present appeared deeply affected.
ST. COLUMB UNION HOUSE - The inmates of this house were on Christmas day plentifully supplied with an excellent dinner of roast beef, beer, and plum pudding; and on New Year's day were again regaled with cake and tea. All seemed much pleased and the poor are very grateful to those kind friends who contributed so liberally to their entertainment. Much praise is also due to Mr. and Mrs. BAYLY for the good order and management observed in serving out the dinner and tea.
ST. AUSTELL UNION - The inmates of the Union House were regaled on Christmas day with old English fare, the gift of the Guardians, and again on New Year's day the gift of J. H. TREMAYNE, Esq.
SEASONABLE BENEVOLENCE - On Christmas eve two large oxen were slaughtered by order of SIR R. R. VYVYAN, Bart., of Trelowarren, and distributed to the poor of Mawgan and St. Martin parishes, and also GBP 5 in money, a portion of which was sent to the Helston union-house, and distributed among those who were natives of the above parishes; in addition to which a great number of blankets and other clothing have been distributed among the necessitous poor, in several adjoining parishes.
BOROUGH QUARTER SESSIONS - Falmouth - The sessions were fixed for Monday, but the proceedings were merely formal - no one having come on for trial.
Helston - These sessions were held before Thomas Paynter, Esq., deputy recorder, and the borough magistrates on Tuesday last, when there was only one case for trial. A man called MICHELL stood indicted for having stolen a bolster from the Star Inn, Helston; the bill was ignored by the grand jury. The learned recorder highly complimented the borough magistrates and police on the peace and good order of the town and the court was then dismissed.
Penzance - These sessions will be held to-day. One case only is to come on for trial.
HELSTON - The magistrates here have fined the following parties in sums varying from 20s. to 40s. with costs, for an assault on the police officers while in the discharge of their duties: SIMON JORY, JOHN HEMING STEPHENS, JAMES TREMER. EDWARD STEPHENS, jun., and JOSEPH KLAGWELL.
ROBBERIES - During the past fortnight a gang of midnight prowlers have been committing various depredations on the boats and unprotected shipping in Falmouth harbour. They have carried away every thing in the shape of old junk, such as painters, sheets, and tarpaulins. From a trawler belonging to Mr. J. CHARD, they abstracted a quantity of copper, having first broken open all the locked drawers; and from the pilot-cutter of MR. ELIAS CHARD, they stole a watch, and a lot of leads of fishing-lines. As a caution to marine store dealers, we remind them that by law they are compelled to keep a book, and make an entry of every purchase they make, and are liable to a heavy fine for neglecting to do so.
The schooner "Martha Jane," belonging to St. Ives, EDWARD TOMS, master, on her passage from Oalata, for Falmouth, was totally lost on the 4th of December last, near Medea, fifty-one miles from Constantinople, master and crew drowned. Capt. Toms was very much respected by all who knew him. [names of cities may be in error]
CHILD DROPPING - The body of a full grown female child was found on Tuesday last, in a pit near the rope walk, St. Agnes. The discovery was made by some children who were at play near, and on looking into the pit saw the body; they then called to a young man named TRESISE telling him that there was a "baby in the pit" which he soon found to be the case. He procured a ladder by which he descended and brought up the body and delivered it to the care of MR. PEARCE, overseer of the parish, since which a coroner's inquest has been held. The unnatural mother has not yet been discovered.
CORONER'S INQUESTS - On Saturday last, an inquest was held before GILBERT HAMLEY, Esq., deputy coroner, in the parish of St. Austell, on the body of WILLIAM HORE, a child about seven weeks old, who was taken to bed the previous night in his usual good health, and the next morning early was found dead by his mother's side. The neighbours gave the mother an excellent character for kind and attentive treatment to her children; and the jury were perfectly satisfied that the child died from natural causes and returned a verdict accordingly.
On Monday Mr. Hamley held another inquest at Port Isaac, on the body of HENRY HEARN. It appeared that on the morning of the preceding day he was seen by one of his nephews walking up the street, when he fell down, and received two blows on his head. He returned to his house, where he lived alone; and about three o'clock in the afternoon was taken violently sick; his nephew, who came to him soon afterwards, assisted him into bed. About five o'clock, deceased expressed a wish that he should be locked in his bed-room. This request his nephew complied with, and took away the key with him. About nine o'clock, some neighbours hearing a groan, and fearing something was the matter, sent for the nephew, who unlocked the door, and called to his uncle but could get no answer. Afraid to go up stairs alone, he went for his brother, and these two, accompanied by a man called HARVEY, went up and found the uncle dead. In consequence of two marks of blows on the head, the jury wished for a post mortem examination. This was made by MR. TREVAN, surgeon, who gave it as his opinion that the deceased died of apoplexy, accelerated, probably, by the blows on the head. The jury returned a verdict in accordance with Mr. Trevan's testimony.
The following inquests have been held before JOHN CARLYON, Esq., since our last report: At Newlyn, on Monday, on the body of MATTHEW STAPLE, aged 43 years, who died from injuries he received by falling from a horse on Christmas day. It appeared that the deceased, contrary to the solicitations of his friends, had left Newlyn for Michell, on horseback, a distance of three miles, and whilst on the road fell from his horse. Some persons who were with him at the time, took him up and placed him in a barn for the night, where every care was taken of him, and the next morning he walked to his home. But notwithstanding medical assistance was given to him, he died on Sunday last, Some reflection had been made on the parties who were with him, for not having sent immediately for a medical man, or given notice to his master. But it appeared from the evidence, that the deceased particularly wished at the time that neither should be done. Verdict, accidental death.
Same day, at Ladock, on the body of WILLIAM SAWLE, aged nearly 3 years, whose clothes caught fire, on Friday, during the temporary absence of his aunt, and died from the injuries he received on the following day. Verdict, accidental death.
Also, on Monday, at Redruth, on the body of an infant child, who was found dead by the side of its mother, and the female who slept with her. Verdict, found dead.
And on Wednesday, at St. Agnes, on the body of a newly born infant child, noticed in another paragraph. From the evidence of MR. DOBLE, surgeon, there was no doubt that the child had been born alive, and its death was caused by violence, most probably strangulation. In the absence of all clue as to the mother, the jury found a verdict of "Wilful murder against some party or parties to the jury unknown."
[The Chairman, in his charge to the jury, noted that in the last year, there were thirty-two cases; there were now upwards of fifty. Fortunately, most were of a trivial nature, but the increase was unfortunate. He also noted the changes in the law regarding Juvenile Offenders, and deplored the fact that many children were still removed from school at an early age, due to their parents' wages.]
TRIALS OF THE PRISONERS
STEALING A MARE - WILLIAM CORY, 17 [age in question], was indicted for stealing on the 2nd of November, a mare, saddle and bridle, and a piece of cloth, the property of THOMAS PEARSE. This case occupied the court a considerable time, and excited much interest. Mr. Darke and Mr. J. B. Collins conducted the prosecution; Mr. Shilson and Mr. G. Hambly defended the prisoner.
Prosecutor stated he was a farmer residing at Cardinham, near Bodmin, and on the 2nd of November he rode a mare colt to St. Lawrence fair, where he went to sell some cattle. He put the pony in a field belonging to MR. GATTY, in which persons attending the fair usually place their horses, and the saddle and bridle he put by the hedge. [He moved the horse about five p.m., going to the fair-park, where he gave the pony in charge of a boy called EDMUND WHITING. He went into the booth and transacted some business. When he came out, the pony was gone, and he walked out around the booth to look for it, but it was not there. Between nine and ten o'clock, he decided to go home. The next morning, he went to St. Lawrence and inquired after the pony, but could find nothing.]
On the 22nd of November, he went to Boscastle fair, and heard something which caused him to go to a farm belonging to prisoner's father, in the parish of Davidstow, where he saw the pony in a field. Prosecutor went to the prisoner, and asked if he had a pony for sale. Prisoner replied that he had, and said "if you will go with me, I will show it to you."
Prosecutor went with him to the field, and on asking the price of the pony, prisoner said GBP 7. He also told prosecutor that the animal was young, and a good hackney. Prosecutor then claimed the pony as his property, and told prisoner that he had lost it at St. Lawrence fair. Prisoner then said he bought the pony there of a man named SCOTT, who lived in the neighbourhood of Launceston, and he would endeavour to bring the person. He said to prosecutor, "the man was like you, or something like you."
Prosecutor was then wearing dark trousers, but at St. Lawrence fair he wore white cord trousers.
Prisoner refused to give the pony up until prosecutor threatened to go for a constable. On his consenting to give up the animal, prosecutor asked for the bridle and saddle, which he also identified by giving prisoner a description of them, and a cloth was likewise handed to him which was on the pony when it was lost. Prosecutor said the animal was worth about GBP 5 to GBP 8; he did not know prisoner before the 2nd of November, and when at the fair he was quite sober.
After he took the horse away from prisoner, he heard that the latter had gone to a magistrate to obtain a summons for him, but prosecutor did not apply for a summons on that account.
WILLIAM MARSHALL, GEORGE LANGDON, and HENRY JOHN ELLERY were also called to give evidence for the prosecution. GEORGE WHITING deposed to having tied the pony to the booth, and HENRY CRADOCK VOSPER stated that prisoner told him he gave GBP 4.10s. for the pony. This was before Boscastle fair; after the fair, prisoner told witness that he gave 10s. and a bag of oats for the animal. Prisoner's statement before the magistrate was then put in, to the effect that he bought the horse of the prosecutor at St. Lawrence fair for 10s. and a bushel of oats; that he was to return the saddle and bridle at Launceston, to the person who sold him the pony, who gave the name of Scott, and said he lived at the Market House Inn at Launceston; that prisoner afterwards went to Launceston, but found that Mr. Scott had not sold him the horse.
Mr. Shilson then addressed the jury for the defence, and called as a witness JOSEPH INCH, whose statement differed in some particulars from that of the prosecutor. Inch said he was sitting near Mr. Pearse at the booth, the Barley Sheaf, and the Fifteen Balls, on the evening of the 2nd of November, and did not hear prosecutor mention his having lost his pony. A farmer called WESTLAKE deposed that on the Saturday following St. Lawrence fair he saw the prisoner at Launceston, a little way from Mr. Scott's door; and after speaking to prisoner, he referred him to MR. PROCKTER, of the White Hart, to sell a bushel of oats. Witness had never before seen the prisoner at Launceston market.
MARTHA HAWKFORD, who lived near the prisoner, said she saw the pony after he had brought it from St. Lawrence fair; on the Saturday after, she lent prisoner a bag, and saw oats winnowed, measured, and carried by him on the pony, with the saddle and bridle, towards Launceston. When prosecutor called to claim the pony, she heard the prisoner say to him "the saddle and bridle are yours, but the pony is mine." Prisoner's father has a small farm in the parish of Davidstow, and the pony was kept in an open field adjoining the turnpike road. She heard prisoner say to prosecutor "you are the person of whom I bought the pony at St. Lawrence fair," and Mr. Pearse looked rather "down" about it. Prisoner asked prosecutor his right name, to which he replied Thomas Pearse, of Cardinham, and then at the request of prosecutor, prisoner wrote his won name and gave it to him.
EDWARD HOCKIN, a farmer of Davidstow, gave the prisoner a good character, stating that he had known him for thirty years, and had trusted him with goods and money. Mr. Darke then replied, after which the Chairman summed up, commenting on the circumstances of the case. He said it was possible that some one might have assumed the name of Scott and deceived the prisoner; but there were features in the evidence cast doubt with that supposition, and which weighed heavily against the prisoner. As to the different prices which the prisoner said he gave for the pony, persons dealing in horses might sometimes wish to keep to themselves the price they had given for an animal. But when the prosecutor came and was shown the pony by the prisoner, through the former asking if he had one to sell, why did not the prisoner then charge Mr. Pearse with having sold him the pony, instead of doing so after the prosecutor had claimed the animal? The jury after a short consultation found the p!
risoner Guilty.
NO BILLS - The grand jury ignored the bills against JAMES BLAMEY THOMAS, charged with breaking and entering the dwelling house of RICHARD LOBB; and against REUBEN WARNE, indicted for stealing at St. Blazey, an opera glass, the property of RICHARD WHITTICK.
WEDNESDAY, JANUARY 5
JOHN UREN, the younger, 36, charged with having on the 26th of November, broken into and entered a larder and stolen a quantity of beef, the property of THOMAS BOLITHO, Esq., at Chyandour. Mr. DARKE conducted the prosecution; Mr. BENNALLACK the defence.
On the 25th of November, JAMES LOVELL, a coachman at Mr. Bolitho's bought a rump of beef in Penzance market, of MR. MATHEWS, butcher, for his master, and put it into the larder, the only communication with which from the dwelling house was through an inclosed courtlage. ANN LAWRY, the cook, saw the rump of beef in the larder at five o'clock in the evening, and fastened the larder door with a button. She was first up, looked across the courtlage from the kitchen, and saw the larder door and courtlage door were both open. She went to the larder and found that the rump of beef and a goose were gone. The prisoner, a mason, had been at work at the house about three weeks before the robbery, and repaired the larder.
The coachman observed foot-marks against the courtlage wall, and traced them onward through the garden, raspberry ground, and several fields, in the direction towards prisoner's house.
On the 28th, policeman OULDS went to prisoner's house, and found on a shelf, under the stairs, about 20 lbs of beef, cut up into small pieces and without bone. He showed it to HENRY RODDA, a butcher, and then salted it. He afterwards saw prisoner working at Fox's public-house; prisoner said he bought the beef the previous night at Joe Fox's beer-shop, for 2s. of a man whom he did not know, but who had a blue frock on.
The value of the beef found at prisoner's house was 13s. or 14s. He afterwards apprehended prisoner, and took off his boots and showed them to the coachman LOVELL, and with him compared them with the impressions on the ground, and found them to correspond precisely. This witness produced in court the boots, which were peculiar in the nails and plates. He also produced pieces of beef which were proved by Henry Rodda, who on the 25th of November, killed a bullock for Mr. Mathews, butcher, and cut it up. He identified it by his own scoring marks on the fat of the rump. Verdict - Guilty.
HENRY SOBEY, 25, was charged with stealing, on the 30th of November, two worsted stockings, the property of JOHN PHILLIPS, of the George and Dragon public-house, Truro. Prisoner, and a man named KESSEL, were drinking at the George and Dragon about the middle of the day, and on their leaving, two stockings were missed from the settle on which prisoner was sitting. They were afterwards, on the same day, found by policeman FITZSIMMONS, in the premises adjoining prisoner's residence at Richmond Hill. About one o'clock on the 30th of November, prisoner was seen by an intelligent little witness, named JANE SAUNDRY, passing through the hospital, at the top of Pydar-street, coming from the direction of TIDDY's mill. He took out two stockings, similar in color and appearance to those now produced, looked at them, and again placed them in his frock-shirt pocket. The jury found the prisoner Not Guilty.
THOMAS DAVIES, 46, was charged with stealing, on the 19th of November, at the parish of St. Austell, a bag containing half a bushel of barley, the property of WM. UGLOW, a farmer living at Tregonissey, in St. Austell, and occupying a farm called Burlawn, about a quarter of a mile from his residence, where the property was alleged to have been stolen. Guilty.
MARY TAYHEN, 30, was charged with having, on the 11th of November, received several articles of wearing apparel, the property of the Guardians of the Redruth Union, well knowing the same to have been feloniously stolen.
JOHN PENBERTHY, master of the Union-house, stated that on the 5th of November, two girls called ELIZABETH WASLEY and ELIZABETH JENKINS, inmates, absconded from the Union-house; and, after they left, some articles of wearing apparel belonging to the Union were missed. On the Tuesday following, he went with policeman PRIDEAUX to prisoner's lodging-house, and saw Elizabeth Wasley there, who gave up to them a chemise and bed sheet. Prisoner said there were no other articles in the house brought by the girls.
On the following day, witness went again to the house with Prideaux and searched the house, and discovered in the room a bed gown, a gown, three spoons, and handkerchiefs, these were all thrown down stairs by the prisoner, and were taken charge of by the policeman. They were all marked "Redruth Union." The articles given to inmates on their entering the Union were only for their use while they remained there. When they left the Union, it was their duty to give up to the Union, the clothes, and receive back their own.
ELIZABETH WASLEY stated that she had been an inmate of the Redruth Union about a fortnight before the 5th of November, on the evening of which day, she left with Elizabeth Jenkin, another inmate. They went together to prisoner's house at Camborne; witness was wearing a Union gown at the time, and was carrying other Union articles. Elizabeth Jenkin also had on a Union suit, and was carrying a bundle of a sheet, gown, two aprons, and handkerchief, all belonging to the union. Elizabeth Jenkin put the bundle on the table and prisoner took it up stairs. When it was opened, prisoner asked them to sell her the clothes. Witness and Jenkin replied that they were afraid to do so, as the union mark was on them all. Prisoner said she would cut off the marks, and they sold her the things for fifteen pence and two night's lodging. Jenkin remained at prisoner's house till the Sunday evening, and witness till the following Tuesday, when the policeman came and took her, and she went to gaol for a month, for having taken the things.
STEPHEN PRIDEAUX, policeman, corroborated the evidence of the governor as to the search, and produced the items taken, which were identified by the governor, and the witness Wasley. Verdict, Guilty.
NOAH GILL, 18, was charged with stealing, at the parish of St. Blazey, one opera glass, the property of RICHARD WHITTICK, a licensed hawker, who had a bazaar of fancy goods at St. Blazey, on Saturday, the 11th of December. On the following Wednesday, the prosecutor missed an opera glass, and next saw it at the magistrates' meeting, at the Porcupine Inn.
On the Sunday week before this meeting, the prisoner had been seen using the opera glass in the street of St. Blazey, by a young lad named EDWARD HODGE, who offered to purchase it for sixpence, to which prisoner agreed. Hodge then went to the bazaar, and informed Mr. Whittick of what had taken place, and got from him sixpence to purchase the glass. The prosecutor then sent for a constable and gave him the glass, which was produced in court, and identified by the prosecutor and by young Hodge.
The prisoner's defence was that he had found the glass. The Chairman, in summing up, remarked on deficiency of proof as to the prisoner's being near the bazaar, and also on the open and apparently honest manner in which he had exposed and used the glass in the street. The jury found a verdict of Not Guilty.
JOHN RAYNER, 44, pleaded Guilty of stealing on the 12th of December, at Torpoint, a piece of corned beef and a cake, the property of LOUISA SINGS.
JOHN CLEMENS, 30, charged with stealing, on the 23rd of December, at the parish of Lezant, a pair of sheep shears, a bag, and a shovel, the property of RICHARD SANGWIN SPEAR, farmer of Lezant.
The prisoner had been in prosecutor's employ up to five or six weeks since, and, on the 24th of December, the prosecutor went with a constable to prisoner's house to search for missing wheat, and found the articles named in the indictment. The prosecutor missed the shears as long since as April last; the bag he missed on the 16th of October; and he could not tell when he last saw the shovel.
The prisoner's statement when apprehended, was that he got the bag when he thrashed some ear picking (wheat) at Mr. Spear's farm, to take it home in. Another statement by him was that he borrowed the bag to take home half a bushel of barley. The shears, he said, his wife found when cutting weed on Mr. Spear's farm; and as to the shovel, he knew nothing about it. The prosecutor was very indecisive whether or not he had lent the bag to prisoner. The chairman summed up in favor of the prisoner, in respect of the length of time that the two other articles had been missing. Verdict, Not Guilty.
WILLIAM INCH, 35, was found Guilty of stealing, on the night of the 25th of November, at the parish of St. Neot, a fagot of wood, the property of JOHN EDWARDS, miner.
JOHN PHILLIPS, 23, and WILLIAM HICKS, 22, charged with having stolen, on the 29th of November, one brass pan, the property of JAMES ARTHUR, a farmer, residing at Burlawn in the parish of Egloshayle. Both Guilty.
The Grand Jury ignored the indictments this day against REBECCA DOYLEY, charged with stealing 4s. from Henry HEARNE; and against JOHN WEAVER and THOMAS DADDS, charged with stealing a calico shirt from JAMES MOUNTJOY, of Launcells.
EPIPHANY SESSIONS
SECOND COURT
TUESDAY, JANUARY 4
WILLIAM HANDFORD, of Redruth, pleaded Guilty of stealing, on the 1st of January, a pair of shoes, the property of JOHN COLEMAN.
JOSEPH HOOPER, 14, JOSEPH HAYNES RUNDLE COAD, 11, and EDWARD COCK, 16, were convicted of stealing a calico shirt at Lostwithiel, on the 14th of December, the property of JOHN DAWE.
JOHN COLLINGS, 61, was indicted for stealing, at St. Minver, on the night of the 20th of December, seven wads of reed and straw, the property of WILLIAM PEARCE. The prisoner was seen by Mr. Pearce's two farm servants to take the reed from the mowhay. Verdict, Guilty, and a former conviction of the prisoner was proved.
JOHN HOCKING, 23, was charged with stealing from Polteggan Mills, in the parish of Madron, on the 29th of April, a sack and half a bushel of wheaten flour, the property of JAMES OLDS. Another count in the indictment stated the flour to be the property of PAUL KEMP. Prosecutor missed the flour, and found one of his sacks with flour in it in an outhouse belonging to the prisoner, who was seen near the mill on the 29th of April, when the flour was stolen. The prisoner was found Guilty, and a previous conviction for a felony was proved against him.
The court then rose.
WEDNESDAY, JANUARY 5
JAMES HARVEY, 42, pleaded Guilty of stealing at Fowey, on the 16th of December, a piece of beef, the property of WILLIAM SWEET.
WILLIAM GREGORY, 18, pleaded Guilty of stealing, at Alternun, on the 3rd of November, four gallons of wheat, the property of JAMES PEARNE.
ELIZABETH PHILLAMORE, 28, was found Guilty of stealing at Penryn, on the 28th of October, a Holland night cap and china jug, the property of WILLIAM HAWKE.
HENRY MUTTON, 45, was convicted of stealing on the 10th of November, at the parish of Mawnan, a brass cock, the property of WILLIAM ROGERS. A prior conviction for felony at the assizes in 1837 was also proved against the prisoner.
JOSEPH DOYLEY, 30, pleaded Guilty of stealing, at Bodmin, on the 3rd of November, a cloth shawl, the property of Samuel Thomas.
NICHOLAS JOHNS, 73, was indicted for stealing sundry pieces of wood and parts of a water wheel, the property of JOHN TEAGUE.
Mr. Shilson conducted the prosecution, and called MR. TEAGUE, who said he was the owner of Wheal Crahane, in the parish of Wendron. He had a water wheel at the mine on Saturday afternoon, the 4th of December; it was lying in several parts on the ground near a pit which was being prepared to receive it. Prisoner was standing about forty feet from the wheel.
On Sunday morning, the 5th, one of the arms of the wheel, four pieces of the backing, and five baskets were missing. The backing and baskets had been broken off. Prosecutor went with one of the captains to search for the stolen property; he also told JOHN KEMPTHORNE, who worked at the mine, to go to the house of Nicholas Johns. Kempthorne did so, and shortly afterwards [returned, bringing with him portions of the wheel. Prosecutor then went to Johns's house, and found the remaining parts of the wheel.] Verdict, Guilty.
STEALING POTATOES - JOHN PEARSE, 36, WILLIAM PEARSE, 38, and ANN SHEAR, were indicted for stealing, at Southpetherwin, eleven gallons of potatoes, the property of ARTHUR PETER. On the 29th of last October, SAMPSON ROGERS, who worked for prosecutor, went to the Millpool field, where Mr. Peter had a potatoe cave. He observed that the cave had been disturbed by some persons, and that around it were the footsteps apparently of two men and a woman.
[He informed Mr. Peter, who sent for the constable BENNETTS. The constable and Rogers then traced some of the footsteps nearly to the house of Ann Shear, and the constable took her shoes, which corresponded with the traces. In Ann Shear's garden they found some potatoes of the type planted by Mr. Peter between two other sorts, with earth freshly thrown up over the whole of the cave. The constable and Rogers then followed the footsteps of the two men, and on coming to Wm. Pearse's, they found the door of one of the outhouses locked.
The constable procured a search warrant, and in the house which was locked he found some potatoes in an underground gutter, under a stone that had been recently been taken up and replaced again. These potatoes were of the same description as Mr. Peter's, and the skutes of Wm. Pearse's shoes corresponded with the footmarks, but the nails could not be distinctly seen. At John Pearse's they found potatoes in a house under the stairs, which were the same sort as Mr. Peter's; and the skute of John Pearse's shoes corresponded with the footmarks, but the nails could not be clearly seen.
On Cross-Examination, the potatoes were identified as "Spanish lords," and that such were commonly grown in the neighbourhood; the shoes were like those worn by labouring men and women.
Mr. Stokes then addressed the jury for the prisoners, contending that the evidence was inconclusive against the female, and even more slight as against the male prisoners. The Chairman, in summing up, commended the constable for his conduct in the case, and for the manner in which he compared the shoes with the foot-marks by making an impression with the former. The jury Acquitted John Pearse, but found William Pearse and Ann Shear Guilty.
The court then rose.
(The remainder of our Sessions report shall be given next week.)
14 JANUARY 1848, Friday
ADVERTISEMENTS
WHEREAS many things belonging to the barque "Marchioness of Abercorn," wrecked at Crantock Bay, on the 8th ultimo, have been taken away; and the said barque, with all her materials, having been sold to the undersigned, it is recommended that those persons who may have any of the said materials in their possession will return the same to the owners, when they will be remunerated.
And Further Notice is hereby given, that the utmost rigour of the law (which is very severe in regard to wrecking) will be enforced against those on whom anything belonging to the said barque may be found; and all dealers in marine stores at Truro and elsewhere, are cautioned against purchasing any of the suspected articles from the parishes of Crantock and St. Columb Minor.
R. and J. TREDWEN,
Merchants and Ship Builders, Padstow, Dated Jan. 10, 1848
WHEREAS a petition of JACOB GRIGG of Treneath, in the parish of Saint Cleer, in the county of Cornwall, Farmer, an Insolvent Debtor, having been filed in the County Court of Cornwall, at Liskeard, and an Interim Order for Protection from Process having been given to the said Jacob Grigg, under the provisions of the Statutes in that case made and provided, the said Jacob Grigg is hereby required to appear in such aforesaid Court on the First day of February next, at Ten o'clock in the Forenoon precisely, for his first examination touching his Debts, Estate, and Effects, and to be further dealt with according to the provisions of the said Statutes; and Notice is Hereby Given, that the choice of Assignees is to take place at the time so appointed.
[The same notice was put in for WILLIAM SEARLE, of Peakswater, in the parish of Lansallos, Innkeeper, Auctioneer, and Horse Dealer.]
[NOTICE that WILLIAM EDGCUMBE CUDLIP, of Porthleven, Merchant, hath by indenture, made between W. E. Cudlip for the first part, and for the second part, THOMAS ROGERS, of Helston, Gentleman, WILLIAM PENBERTHY, of Helston, Builder, and JOHN KENDALL, the younger, of Helston, Banker, and several persons of the third part, has conveyed and assigned all his real and personal estate and effects to the parties of the second part for the equal benefit of his Creditors.]
LOCAL INTELLIGENCE
TESTIMONY OF RESPECT - MR. ROBERT SMALL, master of the National School at Gulval, on leaving for the training college at Battersea, was last week presented by the REV. W. W. WINGFIELD, vicar of the parish, with a handsome bible and prayer book, inscribed as follows: "Robert S. Small, from the REV. William Wriothesley Wingfield, as a testimony of the manner in which he discharged the duties of school-master at Gulval for three years. Gulval Vicarage, January 7th, 1848."
EXPENDITURE ON MINING - The amount of money employed in working all the mines in Cornwall and Devon alone exceeds GBP 1,500,000 per annum; of this, nearly GBP 1,000,000 is expended in labour, the residue being for materials and merchandise, such as engines, timber, coals, gunpowder, iron, candles, &c.
LISKEARD - MISS EDE, after having kept the Post Office in this town for more than forty years, has resigned, and MR. GEORGE ROGERS has been appointed to succeed her.
CUSTOMS APPOINTMENT - The Commissioners of Her Majesty's Customs, have appointed MR. GEORGE NICKELS, shipwright, and MR. WILLIAM LOWRY, merchant and agent for Lloyds', &c., their Surveyors of Passenger Vessels at the Port of Fowey.
CHRISTMAS BOUNTY - The REV. EDWARD GRIFFITH, vicar of Manaccan, has distributed the following this Christmas bounty to the poor: to large families, beef according to their number; to other families, money; to the inmates of the workhouse, beef and pudding for nearly a week; to a number of poor children, clothing and shoes for them to appear decent in school and church; besides which eight or ten of the villagers dined at the parsonage on roast beef and plum pudding.
SANITARY REGULATIONS - A correspondent wishes to call the attention of the magistrates of this county to the sanitary condition of their respective locations, villages and hamlets especially (the inhabitants of which are not likely to come to any resolution of themselves affecting the public health), and to adopt measures for putting an immediate stop to the practice of allowing heaps of decomposed matter to remain opposite dwelling houses, the effuvia from which is extremely disagreeable, as well as tending to augment disease.
FOWEY - On Friday last, an adjourned meeting was held in the Town Hall, Fowey, CAPT. DAVIS in the chair, when a sub-committee was formed (from a committee previously named), for the purpose of carrying into effect those sanitary regulations which are being adopted in various parts of the kingdom.
MOORWINSTOW - On the night of the 6th instant, a dog worried a flock of sheep belonging to MR. JOHN VENNING, in the parish of Moorwinstow, and drove them into a hedge trough in the field, where six of the number were found dead on the following morning; and three others severely injured and unable to stand.
TWO BULLOCKS STRANGLED - On Thursday, the 6th instant, two fine bullocks which had been confined in one stall in the feeding house of J. T. TREFFRY, Esq., at Hillhay Farm, Fowey, were found dead by strangulation; the chains which fastened them to the posts were twisted round their necks, and the struggle to free themselves caused the death of the animals.
COUNTY COURT, TRURO - At this court, on Friday last, THOMAS BAWDEN and ROBERT CALF were committed to Bodmin gaol, the former for forty days, and the latter for thirty, for contempt of Court.
PENZANCE SESSIONS - On Friday last, these sessions were held at the Guild Hall, Penzance, before THOMAS PAYNTER, Esq., deputy recorder, and the mayor and magistrates of the borough. There was only one case for trial, that of ELIZABETH UREN, who was convicted of obtaining, under false pretenses, a victorine from the shop of MR. DENNIS, draper. She was sentenced to six weeks' imprisonment, with hard labour.
TRURO POLICE - On Saturday last, ELIZABETH JANE BENNETTS was charged with stealing a half-crown, five shillings, six .. of green tea, eight screws of sugar, and four ounces of tobacco, the property of JOHN WILLIAMS, grocer, St. Nicholas-street, Truro. On the Thursday previous, Mr. Williams found that GBP 3 had been stolen from a tin box kept in a drawer in his shop, which induced him on Friday night last to mark GBP 5 in silver, and this on Saturday morning about eight o'clock he placed in the tin box. In about half an hour afterwards he found the half-crown and five shillings were gone from the box.
The prisoner had been leaving the shop that morning, and was afterwards seen to go to her father's house. She was taken into custody, and on her person was found a key which unlocked a small box in her father's house, wherein was found 25s. and papers of tea, sugar, and tobacco. Mr. Williams identified the money and the articles as his property, and she was committed for trial.
On Thursday last, THOMAS RENFREE, Jun. of Lemon-street, shoemaker, was charged with an assault by ill-treating GEORGE DYSON, his nephew, a boy twelve years old. The boy stated he lived at Renfree's farm, in Kea, and for the last fortnight he had slept in a straw-house by Renfree's order; the house had no door, but only a gate; his feet were now very sore with chilblains; he was supplied with a carpet and straw to sleep on; was sent there for having dirtied himself; had not been beaten for the last month; was beaten before with a rope and small stick; Renfree used to beat him because he had told of his having before done so.
The magistrates severely repremanded[sic] Renfree for his conduct, but refrained from inflicting a fine on his promising to take care of the child in the future. He was then ordered to pay expenses, amounting to 19s.
On Wednesday last, JOHN CHARLES PASCOE was charged with stealing a decanter and half-a-pint of British brandy, the property of JAMES SANDERS, landlord of the Ship Inn, Kenwyn-street, Truro. During the last fortnight the landlord had lost spirits from the bar while he was in bed; he therefore secreted himself in the bar and kept watch for the thief on the nights of Sunday, Monday, and Tuesday last. His wife measured the spirits in the bar on Tuesday night; she then locked the door, handed him the key through the window, fastened the window, and went to bed.
Everything remained quiet till between seven and eight o'clock on Wednesday morning, when Pascoe, the ostler, came down stairs, and to the bar window, unfastened it by taking out a screw, opened the sash, and got in; he then took a decanter of brandy and a glass, poured some brandy into the glass, and drank it. Before he had put down the glass, the landlord seized him, saying "young man, I've been waiting for you these last three or four nights." The landlord then rang the bar bell, a signal agreed on between him and his wife; she ran down stairs in her night dress, saw that the rogue was caught, and immediately ran to Walsingham-Place, in her night-clothes, to fetch a constable. The magistrates committed the prisoner for trial at the assizes.
CORONERS' INQUESTS - The following inquest has been held before John Carlyon, Esq., coroner - On Tuesday evening last, at Truro, on the body of JOHN TRESIZE, aged about 22, who was employed at the works of the Cornwall Railway at Burk's Head, near Truro. Deceased was working with another man called BUZZA, in the heading of a tunnel, at the bottom of a shaft, eighty feet deep. The proper way for the men to ascend and descend is in a skip which is attached by a rope to a cage or drum at the top of the shaft, the drum being worked by horse power. Besides the skip there is also a water-barrel attached to the rope, and one acts as a counterpoise to the other. On Monday evening last, a man working in a different part of the tunnel from deceased, called out to the lander to send down the hooks without the skip, which there is sometimes occasion to do when there is a skip below that the men want to have taken to the surface. The lander did as he was desired, and as the water-!
barrel was rising, it being about supper time for the men, the deceased an THOMAS BUZZA jumped in the barrel to ascend to the surface, instead of waiting for the skip to take them up. They thus ascended nearly half up the shaft, when the rope around the drum slipped, and the water-barrel ran to the bottom, where the deceased had his head thrown against the side of the shaft, and his skull crushed in by the concussion. The other man on the barrel with him was severely bruised in several parts of his body. As soon as the rope was again adjusted, deceased was taken up and carried to a neighbouring blacksmith's shop, when DR. BULLMORE was sent for to attend him, but he died in about three quarters of an hour after the accident. From the evidence given at the inquest, it appeared that there was only one coil of rope around the cage, and some of the jury through there ought to have been more. The witnesses, however, stated that the rope had never slipped before, although they had been constantly working with only one turn around the drum, and
they attributed its slipping on this occasion to there being ice upon the drum. The lander said the men had often come up on the water-barrel, when there was no skip on the hooks; and WILLIAM PHILLIPS, one of the witnesses said he had been employed for a number of years in works of the same description, where it was usual to have only one coil around the cage, and no accident had ever happened therefrom. MR. FINDLATER's clerk, who was present, said the men had often been cautioned never to ride on the water-barrel. The workmen who were examined said they had heard the men were not to ride up when the barrel was full; they thought the barrel about as safe as the skip, and often went up on it four or five together. It was stated that a new rope was now provided, and so fastened as to prevent another accident of the same kind. The contractor's clerk also engaged that an order should again be given to the men not to ride on the water-barrel, and that all employed in the tunnel should be informed of this regulation. In reply to the coroner, the jury said they thought there was no reflection to be cast on Mr. Findlater, the contractor for the works, and they then returned a verdict of "accidental death."
Mr. Carlyon held another inquest on Wednesday last, on the body of R. BURROWS, miner, aged sixty-six years. It appeared that on Tuesday last, deceased was at work at Consols mine, Gwennap, running down some attle at the 173 fathoms level in DAVEY's shaft, when a large quantity fell away unexpectedly on him, and completely buried him. Several persons immediately set to work to clear away the stuff, but it occupied them four or five hours to do so and when extricated, he was quite dead. Verdict "accidental death."
The following inquests have been held before MR. HICHENS - On the 3rd instant, at the Penzance Union Workhouse, in the parish of Madron, and which was continued by adjournment to the 7th, on the body of JOHN HAND, aged 73 years. This inquiry was thought necessary in consequence of the deceased having been brought to the Workhouse in a dying state, and having expired within an hour after. It appeared, however, that the deceased had been removed from his former dwelling, not under a medical certificate, but by the person with whom he had been previously living for a few days, with his own entire concurrence, in a covered cart, well wrapped up, and plenty of straw under him, and accompanied by a woman to attend to him, and that every care had been taken to remove him with as little pain and inconvenience as possible.
DR. BERRYMAN, who has the medical care of the home, and happened to be there at the time of the arrival of the old man, was examined upon the Coroner's inquiry, and stated that the death of the deceased was the consequence of extreme debility, and that in his opinion he could not have survived twenty-four hours longer if the removal had never taken place. It is due to the Governor, to say, that the attention paid to the deceased on his being brought to the house was the most kind and prompt. The jury returned a verdict of "natural death."
On the 5th inst., at the parish of Ludgvan, and continued by adjournment to the following day, on the body of MARGERY WALL, who died on the 2nd inst., shortly after her delivery in child-birth.
It appeared that the child was taken by the poor woman's mother, and all not going on so well as could have been wished, the husband of the deceased was sent to MR. MOYLE, surgeon, at Penzance, after midnight, to procure his professional assistance. The husband saw upon that occasion MR. JOHN MOYLE, who, after stating to him that he had only then returned from a midwifery case, and asking certain questions of the husband, as to how he should be paid, refused to go, but said he would send some medicine which would answer the purpose. The medicine was delivered to the husband, with instructions as to administering it, which were complied with, and as soon as that had been done the husband went to Marazion to call another surgeon, and succeeded in getting MR. SERGEANT to go with him, but when they arrived at the house the deceased was dead.
The deceased's mother in her evidence intimated a suspicion that the medicine had caused the death of the deceased, in consequence of her having expired shortly after taking it, which lead to the adjournment of the inquest, that what remained of the medicine might be analyzed.
DR. BERRYMAN, of Penzance, was called in for that purpose, who stated that the medicine was a preparation of ergot, which he supposed was intended to cause the expulsion of the after-birth, and which he considered to be exceedingly proper, and was such as he should have thought right to administer himself, upon the like occasion. He was of opinion, that if the deceased had been attended by a professional acc...eur at the first, that her life might have been spared; but that having died within a quarter of an hour after the medicine was given she must have been so near death at the time, there could have been no hope of saving her life, even if Mr. Moyle had attended. Verdict - "natural death, caused by want of proper medical aid."
On the 6th instant, at Towednack, on the body of WILLIAM EDDY, jun. The deceased was taken to bed by his mother on the night of the 4th instant, apparently in perfect health, and found dead by her side on the following morning. The mother was unable to account for the death of her child, but she was proved to have shewn great fondness for this child, being her only boy, and as the parents appeared both to be persons of good character, the jury unhesitatingly returned a verdict of "found dead."
On the 10th, at Tuckinghmill, in the parish of Camborne, on the body of THOMAS WILLIAMS, aged 65 years. The deceased left his home in the evening of the 8th in perfect health, purporting to visit a grandson living a short distance from him. In the road to the grandson's house he was taken unwell, and being found in that state by one WILLIAM PEARCE, who was going to his labour at Tin Croft Mine, he at first proposed to lead deceased to his house, but he preferred to go on to his grandson's, and Pearce subsequently led him in that direction. Before, however, they had gone many yards, the deceased had lost the use of his legs altogether, and Pearce was obliged to lay him down in the road; having done so, he went to the mine for more help, where he found one WILLIAM VIVIAN, and they returned together to the deceased. He was still living but speechless and died in about ten minutes after. Verdict, "Natural death."
On the same day at Camborne, on the body of AMBROSE BAWDEN TANGYE, aged about ten weeks; the deceased was put into bed on the night of Friday last, apparently quite well, and was alive on the following morning about seven o'clock, having then moved and cried, but about eight, he was found lying on the pillow dead, with his mouth full of meat. MR. VINCENT was called, who stated it as his opinion that the child had thrown the meat off his stomach in his sleep, and was choked with it. Verdict accordingly.
On the same day, in the parish of Uny Lelant, on the body of CAROLINE ANN THOMAS, aged nine weeks; the mother of the deceased stated that she took the child with her to bed on Saturday night last, they fed the child before and nursed her after they were both in bed, and went to bed with the child at her breast; that she awoke the following morning about five o'clock, the child's face was then close to her breast, and she was wet from throwing up; she took the child in her arms, and as she did so something gurgled in the child's throat, and she never moved afterwards; the husband got a light quickly but the child was dead. Verdict - "natural death."
EPIPHANY QUARTER SESSIONS, Continued
THURSDAY, JANUARY 6
STEPHEN TIPPET, 20, and WILLIAM LULEY RUSHWORTH, 20, were charged with breaking and entering the warehouse of WILLIAM HARRY JENKINS, spirit merchant of Truro, and with stealing therefrom two jars, his property. By a second count of the indictment the prisoners were charged with a common larceny. MR. HOCKIN conducted the prosecution; MR. STOKES defended Rushworth, and MR. BENNALLACK the prisoner Tippet.
It appeared from the evidence that on Saturday evening, the 18th of December, WILLIAM HENRY STILES, an errand boy in the employ of Mr. Jenkins, locked his master's warehouse, and delivered the keys to MISS BEST, who is a relative of Mr. Jenkins, and manages the business in his absence. On the following morning, Stiles again procured the keys, and went with CHEGWIDDEN, a driver in the prosecutor's employ, to attend to the horses in the stable. They found the lock of the yard door injured, and also that the gig-house door had been broken into, and the lock carried away. The entrance to the warehouse from which the jars were stolen is through the gig-house. They gave information of what they had discovered, and Miss Best, on examination, found that the taps of some casks in the warehouse had been leaking.
On Sunday morning, December the 19th, THOMAS COCK, jun., a butcher living at Richmond Hill, saw the prisoners come up Bosvigo-Lane, each having a jar. They stood still and seemed to deliberate as to which way they would go, till at length the prisoner Tippet took the jar from Rushworth and went up the hill with both jars, while Rushworth returned back through Bosvigo-lane. In about half an hour afterwards, Thomas Cock went up the leat, and when near the kennel, he heard a noise like something "guzelling" in the leat. He went to the place whence the sound proceeded, and there saw Stephen Tippet lying in the leat drunk, and if he had not been taken out he must have been drowned. Cock got him nearly out, and he fell in again, but afterwards with the assistance of BROWN, a man employed in the kennel of the Four Burrow hounds, the drunken man was gotten out with a rope, laid on the grass, and then taken to his house. Cock and Brown afterwards went up the leat, and traced footsteps from the place where Tippet was found to the second moor above the kennel, where Brown found in the leat a broken jar; and subsequently Cock and a man called PENROSE found another jar, with gin in it, within eight or ten feet from the place where Tippet was discovered lying drunk in the water.
MR. PAINE, inspector of police at Truro, deposed that he had compared Rushworth's shoes with footmarks in Mr. Jenkins's warehouse, and found that they corresponded.
MR. JENKINS said he had jars manufactured for a specific purpose, and in a particular way, and he had no doubt that the jars now produced as those found in the leat, were his property. One of the jars produced he inferred was a new one, because there was a peculiar dirt or impurity about new jars, which required to be cleansed before the spirits was put into them; and the jar he referred to had had the effect of spoiling the gin in it. He was not quite so clear as to whether the other jar was a new one; he kept new jars in the warehouse, as well as casks of spirits. Both the prisoners had been at different times in Mr. Jenkins's employ.
Mr. Stokes and Mr. Bennallack then took objections to the indictment, which, however, were overridden by the Court. They then addressed the jury in behalf of their respective clients, after which the Chairman summed up, and the jury found both the prisoners Guilty on the first count in the indictment for breaking, entering, and stealing from the warehouse. A certificate of the previous good character of Rushworth was then handed in by Mr. Stokes. On the prisoners being brought up to receive sentence, Mr. Stokes [moved the court in arrest of judgment, because the indictment was bad in it's wording; the Court held the wording was sufficient, and sentenced the prisoners to Twelve Months' imprisonment at hard labour.
WILLIAM HARRIS, 30, was indicted for feloniously breaking and entering the dwelling house of WILLIAM PENROSE, in the parish of St. Cleer, and for stealing therefrom two watches, twenty-two pounds, and two bags. A second count charged the prisoner with stealing a promissory note for GBP f5 from the dwelling house of William Penrose.
The witnesses were all ordered out of court until called on, and from their evidence the following appeared to be the facts of the case:
The prosecutor is the Captain of Caradon United mines, in the parish of St. Cleer, and on Sunday the 19th of December, he left his house about one o'clock to go to Quethiock. Before leaving, however, he went up stairs, and took two shillings from his box, which then contained two bags, one having gold in it to the amount of about GBP 15, and a GBP 5 note, and the other bag, silver to the amount of about GBP 7. He locked the box, and put the key in the drawer of a chest of drawers, where he usually kept the key. He had also two silver watches in the sitting-room by the chimney, one having a silver guard attached to it, and the other a worked guard of brown braid, with two keys.
Mr. Penrose is a Wesleyan preacher, and as he and his wife sometimes attend different chapels, they had been in the habit of putting the key of the front door, when they went out, under a large stone in the front of the house, in order that the first who came home might immediately have admittance to the house.
On Sunday, the 19th of December, Mrs. Penrose remained after her husband was gone until half-past five o'clock. She then examined the windows, bolted and locked the doors, and put the key of the front door under the large stone in the garden as usual. She returned about eight o'clock in the evening and found the garden gates open, which she had left shut; but the key was under the stone where she had left it. Before unlocking the door, however, she saw through the window that the back-door was open, and on entering the house she found that some one had been there since she left. She ran to the engine-house, and called the engine-man, who came with another person, and on proceeding up stairs she found that her husband's chest had been broken open, and the money in it, GBP 27, had been stolen. The two watches were also gone, but nothing had been taken from the cupboards in the house, nor had any room up stairs been entered except Mr. Penrose's bed-room, nor any box in the house been touched except the box containing the money in that bed-room.
On Wednesday, the 22nd of December, the two bags which had contained the money stolen from Mr. Penrose were found in the garden in front of the house, they having been thrown there that morning; and on the Sunday preceding the sessions, the two watches were found placed against the post of the front gate of the garden. The evidence was extended to great length, it being sought by a variety of circumstances connected with the robbery, to implicate the prisoner. The jury, however, considered his guilt as not sufficiently proved, and returned a verdict of Acquittal.
ROBBERY NEAR LISKEARD - SAMUEL HONEYCOMBE, 28, and SAMPSON VIVIAN, 21, were indicted for having, on the 27th of November, violently assaulted and robbed JOSEPH HARRIS of two shillings and a pair of shoes.
Mr. Childs, for the prosecution, called JOSEPH HARRIS, who said he was a miner living in St. Cleer, and he worked at South Wheal Trelaway, in the parish of Menheniot. The 27th of November was pay-day at that mine, and he received there GBP3.13s.6d., three and a half sovereigns of which he put in a leather pouch, and placed the latter in a pocket high up in his jacket under the arm.
He went to Liskeard that night where he bought a pair of shoes, and left the town about midnight. He had been drinking, and had "sufficient to go home with." When going through Higher Lux Street, on his way home, he saw a man, and heard more, but did not see the prisoners there; but when he got from a quarter to half a mile from Liskeard, he saw a man close by him, who had on a dark friese coat and an cap. He said "good night" and the man grumbled something in reply. He then asked "how far are you going?" upon which some one seized him by the collar, and he took hold of the person who did so, but he immediately received a blow on his right arm, which caused him to release his hold. He then cried "murder," and instantly received another very heavy blow across his back. He now saw two men, and thought there were three, but was not positive. Another blow was then given him on the head, by which he was knocked senseless to the ground, and a great deal of blood flowed from his head, and a cut under his eye, as well as from his nose and mouth.
He lay for an hour and a half or two hours in a ditch, and on recovering his senses he saw his hat and umbrella lying in the road. He missed the pair of shoes that he was carrying in his hand, and on searching his pockets he found that two shillings had been taken from him. The money in his leather pouch was not stolen. He did not think that the prisoner Vivian was the first person who laid hold of him.
JONATHAN HOARE, a mason, stated that he and eight others, including the prisoners, were in company drinking beer at Liskeard on the night of the 27th of November (when the prisoner was robbed). About two o'clock in the morning they were in Higher Lux Street, and he saw a man pass up, who had an impediment in his speech, and wore light clothes. One of the party said something to him, and witness said to the person "come back and mind the thing in hand." The man was able to walk, but appeared to be tipsy; he had an umbrella and was carrying something that appeared like shoes. After he had passed, Samuel Honeycombe and Sampson Vivian left the party and went up the street in the direction the man had gone. After the robbery was made known, witness was suspected of committing it, and on the Monday following, when he saw Honeycombe, he asked where he went on Saturday evening when he left their party. Honeycombe hesitated to answer, but on being further pressed he told witness that he and Vivian were together; that he did it, but took nothing besides the shoes; he swore he took no money.
DANIEL HOCKING, a soldier who formed one of the party on the night in question, saw a man like the prosecutor pass up the street, and asked him if he had ducks in his hand, to which the man muttered something in reply. The prisoners shortly afterwards left the party and went up the street; neither of them had a stick.
JAMES COCK, a hatter, who was another of the party, stated that the prisoners were absent about a quarter of an hour, and said they had been to ease themselves. Vivian afterwards went with witness to OSBORNE's house, where he borrowed money to pay for witness's beer.
CORNELIOUS SIMMONS, constable at Liskeard, apprehended Vivian, who said "it is a bad job; if I get out of this I will take care of my conduct for the time to come." On another occasion Vivian said "after going up the street, Sampson said "let us have a rig with the man," but I said, Sampson, it won't do, he knows me, and I then went over the gate and inside the hedge." Vivian said it was bad company that brought him to this, and he would take care of drinking for the time to come.
Mr. S. Peter then addressed the jury for the defence, after which the Chairman summed up. The jury, after deliberating some time, inquired if they could return a verdict for assaulting, without intent to rob? The Chairman replied that if they thought the prisoners had no intention of robbing, but only to have what they called "a rig," they might return a verdict for common assault. The jury then found both the prisoners Guilty of assault. Sentence - each four months' hard labour.
The Chairman discharged the grand jury this day, thanking them on behalf of the county, for their service.
FRIDAY, JANUARY 7
The prisoners were sentenced this morning by J. K. LETHERBRIDGE, Esq., Chairman. The following are the sentences of those whose trials we reported last week:
WILLIAM MINTERN, the younger, Fourteen Days' hard labour.
JOHN RAYNER, Fourteen Days' hard labour
JOSEPH HOOPER, JOSEPH HAYNES RUNDLE COAD and EDWARD COCK, each
Fourteen Days' Hard Labour, and to be once Privately Whipped.
WILLIAM HANDFORD, Fourteen Days' hard labour, and to be once privately whipped.
ELIZABETH PHILLAMORE, one months' hard labour.
WILLIAM INCH, Six Weeks' hard labour.
JAMES HARVEY, Two Months' hard labour.
NICHOLAS JOHNS, Two Months' hard labour.
WILLIAM PEARSE and ANN SHEAR, each Two Months' hard labour.
JOSEPH DOYLEY, Three months' hard labour.
THOMAS DAVIES, Four Months' hard labour.
MARY TAYHEN, four months' hard labour.
WILLIAM GREGORY, Four Months' hard labour.
JOHN COLLINGS, Six Months' hard labour.
JOHN PHILLIPS and WILLIAM HICKS, each Nine Months' hard labour.
HENRY MUTTON (second conviction), Twelve Months' hard labour, One Month
Solitary Confinement.
JOHN UREN, the younger, Twelve Months' hard labour.
WILLIAM CORY, Twelve Months' hard labour.
JOHN ADAMS HORSWELL, Twelve Months' hard labour; ANN WILLIAMS (second
conviction) Transported for Ten Years.
JOHN HOCKING (second conviction) Transported for Seven Years.
JAMES COLLINS (second conviction) Transported for Seven Years.
WILLIAM WELLS STACEY (second conviction) Transported for Seven Years.
The Court then proceeded to hear the following
APPEALS:
CROWAN appellant, St. Austell, respondent - an appeal against an order for the removal of GRACE STEPHENS THOMAS, wife of James Stephens Thomas, and her six children, from St. Austell to Crowan [on the grounds that the order of removal was improperly drawn.]
VERYAN, appellant, ST. MEWAN, respondent - an appeal against an order for the removal of WILLIAM ROWE, MARY, his wife, and seven children from St. Mewan to Veryan [on the ground that settlement for him was that of his father. Pauper's brother testified his father rented a tenement called Tresavean[?], under a lease for fourteen years, in the parish of Veryan. SAMUEL HEARLE, one of the servants, testified the father paid poor-rates and land tax while holding the farm. Appellants claimed the lease had been signed by the brother, not the father, and that the father's name had been added. The court found for the settlement in Veryan.]
ST. STEPHENS in BRANWELL, appellant; BODMIN, respondent - an appeal against an order for removal of ELIZABETH BURN and five children from Bodmin to St. Stephens. [Appellants endeavoured to show the certificate of chargeability had not been sent to them, but it was proved by Mr. RICHARD WHITE, assistant overseer of Bodmin, Mr. SAMUEL LOWRY, overseer of St. Stephens, and MR. NOTT, guardian of the St. Austell Union that it had been sent. Appellants then relied on their fourth ground of appeal - that in March 1846, pauper's husband had left and never since returned, and she did not know his parish or place of settlement. The Bench decided to quash the order.]
QUETHIOCK, appellant, LISKEARD, respondent - an appeal against an order for the removal of PHILIPPA DEACON from Liskeard to Quethiock. Pauper testified she lived in Pound Lane, Liskeard, above nine years. She had been relieved for a year by the Liskeard guardians, before she was taken to Quethiock. Mr. Hockin contended that the twelve months' relief should be deducted from the five years' residence of the pauper, which would then leave only four years of residence. [The Court cited the testimony of the pauper as to her time of residence, and the Guardian who cited five years' residence, refused the objection. The order was quashed.]
BRAY, appellant, Mr. Darke and Mr. Rowe; the JUSTICES OF STRATTON respondents, Mr. Shilson. This was an appeal against a conviction under the vagrancy act, 5th George 4th, c. 3.
Mr. Shilson stated that the appellant, JOHN BRAY, of St. Gennys, had been convicted under the act referred to, of being found in the house and premises of MR. EDWARD SHEARM, solicitor, of Stratton, and of being there for an unlawful purpose, there being found on him certain instruments, with intent to commit a felonious act, through which offence he had become liable to imprisonment with hard labour for three calendar months.
Mr. Shilson then handed in a plan of the house and premises of Mr. Shearm, and proceeded to state the circumstances of the case. He had only to satisfy the court that the appellant was on the premises in question for an unlawful purpose, which he should prove by showing that the instruments found on the appellant, when he was discovered on the premises, were of that description which parties breaking open a house were likely to have with them to effect their purpose.
He then called JOHN KINSMAN, who deposed that he was clerk to Mr. SHEARM, solicitor, at Stratton, and on Monday evening, the 29th of November, he was in the clerks' office. The outer office communicates by a door with the street, and adjoining to that is Mr. Shearm's private office. A high wooden partition runs across the clerks' office, so that the clerks cannot be seen by parties going from the outer door to Mr. Shearm's private office. The outer office is a kind of waiting room.
About a quarter before six in the evening he was sitting at his desk in the clerks' office, when he heard a noise, something like the creak of leather at the door of the outer office which communicates with the street, and a moment afterwards he heard some one stalking through the outer office which communicates with Mr. Shearm's private office. He opened the door of the wooden partition and looked out, but saw no person, and he then returned to his desk, took his candle, and went into Mr. Shearm's office, where [there] was only a small fire-light; but with the candle in his hand, he saw JOHN BRAY in a corner of Mr. Shearm's office, next to the outer office. He was standing with his boots in his hand, and his hat on.
Witness asked, "What are you doing here?" and he answered "I want to see Mr. Shearm." Witness said "this is a strange way to come to see Mr. Shearm." "Why had you not knocked at the door? And your boots are off too; what is that for?" He said "they were dirty, and I thought it the best plan to take them off." Witness said "you could not think Mr. Shearm was here in the dark, and it is a very strange way to come into an office." He said he did not mean any harm, and he did it ignorantly; he also said, that there was a full light there, to which witness replied that as the fire was very low, it could not give sufficient light for him to suppose that any one was there. Witness then said "if you want to see Mr. Shearm, you must come outside and sit down; he will be here directly."
He then followed witness to the outer office, where he sat down and placed his boots on his feet. Witness remained with him five or ten minutes, and then he said, if Mr. Shearm was gone down into town, he would go and find him. Witness replied that it was very uncertain whether he would find him, and he should sit still. Just at that time witness heard a man coming from the kitchen, and told Bray that as Mr. Shearm's workman was coming out of the front door, he would send for Mr. Shearm if he would wait. Mr. Bray said "thank you" and witness then went out of the office door and requested the man to remain there whilst he went after the other clerk, WILLIAM PICKARD. He then told the workman what had occurred, and desired him to keep Bray in the office.
Mr. Shearm afterwards came, and being informed of what had taken place he sent for ROBERT WOODLEIGH, the constable. Mr. Shearm went out before the constable came, and Bray then requested witness to send for MR. ROWE, the solicitor, which witness refused to do. On being searched, there was taken from Bray's pockets a file, pair of pliers, and a wire.
Cross-examined by Mr. Darke - The piece of wire was a skewer. Witness spoke to his master's servant at the door, and left no one in the office with Bray at that time. The outer office door was not then shut, but witness remained at the door while he spoke to the man, and after that man remained at the door-place.
The door was open when witness left and when he returned; from where Bray was sitting inside he could not see the man that was left in charge. Witness was absent for about two minutes when he sent for William Pickard, and on returning he stopped to talk with the man outside the door, so that before he saw Bray again it might have been five minutes after he left him. During the three minutes that witness was standing outside the door he did not hear Mr. Bray move inside, and he found him in the same position on his return as he had left him in. Where he found Bray in Mr. Shearm's private office was immediately by the fire, standing by the side of the light. Witness did not think he could have been seen without a candle, as the fire had almost gone out. He might have chosen a better spot to secrete himself than that on which he was standing.
Witness could swear he first heard a noise, something like leather creaking, and afterwards heard something pass; he might have thought it a dog but for the first noise, which led him to believe it was a man. There were three candles burning within the partitions, so that a man could see there was a light inside, but not know there was a person there; he might have supposed that persons were inside. The clerks remain until eight o'clock. Mr. Shearm sometimes does not come till eight, but generally, when at home, he is there after six. Witness had frequently seen Mr. Bray in the clerk's office before; he had had matters of business with Mr. Shearm. Witness did not know that two or three matters had not gone pleasantly between them. Mr. Shearm was not Mr. Bray's lawyer.
About a month before the present affair occurred, Mr. Bray was there to pay an insurance, and Mr. Shearm told him he had let it go too long; he would not allow it to go so long again. Witness did not know that Mr. Shearm ever refused to see persons except in the presence of his clerks; such a case might have occurred, but he could not remember it. When Mr. Shearm came to the office, his first words to Mr. Bray were "what's your name?" Bray said "I wish to speak to you, sir;" and just after that, Mr. Shearm said "now I have you my friend." Witness did not say before the magistrates that those were the first words Mr. Shearm spoke.
Mr. Shearm had seen him before, but at that time he had on what witness should call his working clothes; he never before saw him in those clothes.
Re-examined - Although Bray could not see the workman he could hear witness call to him. Bray having been to and from the office was well acquainted with the locality. The sound witness heard outside the partition was like a man going through without shoes. Bray had on a kind of labouring man's dress, great thick boots and very old clothes. He did not say what he wanted of Mr. Shearm.
By the Court - Witness believed it had been raining in the day. As near as he could remember, the last time Bray came to the office on business was about the same hour as he was now found inside. Mr. Shearm lives in the dwelling-house adjoining, and his practice is to come to the office in the evening, and receive people until eight o'clock.
ROBERT WOODLEIGH, a constable of the parish of Stratton, deposed that he was sent for to take Bray into custody, and on searching him he found in his pocket a three-edged file, a pair of pliers, and a piece of wire or skewer.
SAMUEL GODDARD, policeman of Stratton, said Bray's occupation was that of farmer; the instruments produced were not those that a farmer would carry about him. He had seen such instruments in the possession of persons in custody for house-breaking; he had seen flies and pliers; and thought it possible to turn the wire skewer with the assistance of a pliers so as to open a small lock. They were the kind of instruments he thought it likely he should find on a person who was about to pick a lock when house-breaking.
Cross-examined by Mr. Darke - The penknife found on Mr. Bray could not be called a pick-lock instrument. A farmer has generally a saw in his possession, and the file found on Bray was what was usually called a hand-saw-file. Many farmers may often do little jobs of carpentering about the farm. The little pair of pliers he should think an extraordinary instrument for a farmer to have; he should think it more likely to be used by wire-workers and bell-hangers. He never saw a pig "spuked" with such a pliers. Many farmers spuke their pigs, and they have to turn the points of the wires in doing it; but the common sort of spuking irons are much superior to the pliers for that purpose. Witness should think that in almost every farm house there was such a skewer as that produced; it was not a very usual thing to keep a skewer in a farmer's pocket. Looking at the three articles together, he should still say they were not instruments he should expect to find in a farmer's possession, nor usual things for a farmer to carry about his person. Bray had on an oldish jacket something like a canton, just as he might wear about his work, a sort of shooting jacket.
Re-examined: He had seen Bray at Stratton many times, but had never seen him there in that dress before. It was not usual, he thought, for a farmer to carry hand-saw files in his pocket. The iron skewer has a sharp point, and he should not like to carry sharp instruments like that in his pocket; he did not think it was usual to do so. He never saw a spuking iron carried about by a farmer. He did not think a farmer would buy such a thing for spuking pigs as that pliers; and did not expect he would carry it about in his pocket. He did not think a man could break into a house with those instruments, but after he was in he might use them to effect his purposes.
Mr. Darke then addressed the Court on behalf of the appellant, stating that the matter in question was to him of great importance, he being a man hitherto of irreproachable character, and one who had filled various offices of parochial trust with the greatest fidelity and honesty.
The offence with which he was charged was conveyed in these words: first, that he had on him instruments with intent to commit a felony, and then it was added that he was found in a dwelling-house for an unlawful purpose. The issue then was, was he there for an unlawful purpose? He was not found in a dwelling-house (to which the act more expressly applied) but in an office, between five and six o'clock, at the time when Mr. Shearm was himself in the habit of seeing parties at the office. And then as to the possession of those instruments, could the Court believe that a man intending house-breaking would have come with a pliers, a hand-saw file, and a skewer which he had to convert into a picklock after he came in? Would he not rather have prepared the skewer for his purpose before he came in? the policeman said the file might be to file any little piece of iron that might be found in the way, but he (Mr. Darke) thought it much more reasonable that a farmer should have a file to sharpen a saw.
Then as to the pair of pliers, they would be used by a farmer for spuking pigs; and those instruments were likely to be in the pocket of a jacket that a farmer usually wore about his farm when he might have to do carpentering or other jobs.
The words of the act were wide in their meaning, but the Court had to form in their minds, in order to convict, not only that the man intended to do something unlawful, but definitely what he was there for the purpose of doing. He should call a witness as to character, and also prove that Mr. Bray was in the habit of carrying in his pocket that very pliers to pull on a pair of high shoes. He should also shew that he carried a file for sharpening a saw, and as to the skewer the possession of that was doubtless accidental.
[He continued on, explaining each circumstance, and charging that Mr. Bray wanted to see Mr. Shearm alone, as Mr. Shearm had refused to see him previously.]
JOHN KINSMAN was then re-called, and in reply to questions by the Chairperson, he said he was not aware that Mr. Shearm had ever declined to see Mr. Bray. The window of Mr. Shearm's office opened into a court, so that when the door was shut a person going to it could not see whether there was a light there. There is a green-baise door between Mr. Shearm's and the outer office, which is posted open by day, and shut when the clerk leaves the office at night. The door was open when Mr. Bray went in; if it were shut and had been opened; witness must have heard the noise, as it shuts with a spring.
Mr. Darke then called to give evidence on behalf of the appellant, JAMES TINK, who said Mr. Bray had a farm in St. Gennys of between GBP50 and GBP 60 a year, as well as two other farms of about GNP 16 a year each. Since the charge was made against him, he had given up business. Witness had lived nine months in Mr. Bray's house, and since that had worked for him nine months. Witness had seen a pair of pliers very much like those now produced on Mr. Bray's mantel-piece, and he had seen master put on his shoes with them. He had also seen him make spukes for pigs with them, and spuke them afterwards. At such times he would take them out of his pocket and put them in again; he thus used them seven or eight weeks ago, taking them out of the side jacket pocket of his working dress. Witness believed it was the same pliers, although he could not swear to them. He had also seen him use them about different wire work.
Mr. Bray very often did carpenter's work about on the farm; he had two saws, and a three-edged file similar to that now produced, which witness had seen him sometimes take out of his work box and at other times out of the pocket of his working jacket. He had different sorts of tools, gimblets, hammers and chisels; of the tools he had, witness did not think the skewer, pliers, and file were the best he could have selected for breaking open a house.
JULIA BENNETTS BARRABLE, a niece of Mr. Bray, and living in his house, said she had seen him use the pliers for taking up the heels of his shoes. She saw him so use them in the morning of the day on which the charge was made, and he then put them into his pocket again. Mr. Bray was in the habit of doing carpentering work on the farm, and he had a number of tools. She had seen him use a file for cutting wire when making pigs' spukes, after which he would put the file in his pocket. Cross-examined: She never saw him put wire in his pocket. Re-examined: it was unlikely that a skewer should be about the court; it might fall there, and then if a man saw it he might pick it up.
MR. COCK, of St. Gennys, had known Mr. Bray from a child. He was a farmer in the parish, and had held all the parochial offices, as overseer, &c., discharging them very faithfully. Witness had had many dealings with Mr. Bray, and had never before this heard of any thing against his character.
Mr. Shilson - Have you ever heard of any other charge against him?
Witness - I heard of something at Launceston.
Chairman - Was that before the Stratton affair?
Witness - I believe it was.
Mr. Darke - Was it ever brought before the magistrates?
Witness - Not that I ever heard of.
Mr. Shilson then replied, after which the Bench retired, and remained about ten minutes deliberating on the case.
On their return, the Chairman said - the Court quashes the conviction.
Mr. Bray - Much obliged to your worships.
Chairman - Now, Bray, let me give you a caution from this Bench. There are peculiar circumstances affecting this case, but I trust it will be a warning to you in the future.
Mr. Shilson then applied to be allowed the costs of prosecution, the difficulty in the case being that the prosecutor had not been bound in recognizances as required by the act. Mr. Shilson said he appeared to support the conviction, which was that of the justices, and Mr. Shearm was the prosecutor. He submitted that as in cases of felony, the court had power to award costs to a party not under recognizances or subpoena, so in this case where a party came voluntarily forward to discharge a public duty, the Court had power to grant costs.
The Chairman said he trusted that for the future care would be taken that parties should enter into recognizances. There could be no reason for saying that the present was not a fair case for consideration, and the Bench were of opinion that they could make the order applied for. Costs were then allowed for the prosecution.
APPLICATION FOR GUNPOWDER LICENSE - Mr. HOCKEN applied on behalf of MR. GEORGE FREAN, a partner in a company having gunpowder mills on Dartmoor, for license to have a powder magazine at Devoran, in the parish of Feock. The application was opposed by Mr. Shilson, who said he appeared for the public in general, and for himself amongst them. [The building, twelve feet square, had been built and was used for the purpose by the Redruth and Chacewater railway company.
MR. WILLIAM HOLMAN, an employee of the railway for six years, was questioned regarding traffic of the railway, the vessels at the company's wharf and at Pen�[The Court asked many questions regarding the location of the building, the proximity of dwellings, schools, and roads as well as the railway, then decided to refuse the license because the storage of gunpowder at that location would endanger many people.]
SECOND COURT
Thursday January 6
MARY ANN ABRAHAM, 20, was found Guilty of stealing, on the 1st of November, a copper tea-kettle, the property of JOHN BOWDEN, of Liskeard. One Month's hard labour.
BENJAMIN SANDERCOCK, 46, charged with stealing a ewe, on the 31st of December, from a field, the property of PHILIP BROWN, farmer in St. Teath. A second count charged him with killing the said ewe, and stealing the carcase.[sic] Guilty. The Chairman said he was sorry to find that the crime of sheep-stealing was on the increase in this county. Sentenced, Twelve months' hard labour.
HANNIBAL HUSTLER HARVEY was indicted for stealing twelve fowls, the property of THOMAS PASCOE, of the parish of Paul. The prosecutor missed twelve fowls from a stable in the village of Newlyn, early in the morning of the 27th of October, having seen them all in place on the previous evening. The door of the stable was broken open. About half-past five on the morning of the 27th, MARY ANN ROWE, a servant of MR. JAMES BERRIMAN's, at Alverton, about a mile from prosecutor's stable, saw prisoner in her master's cart-house, with a basket. She asked what he was doing there; and he answered that he had put five fowls there for a gentleman who was to call for them. She went in to tell her master, and by the time she came out again, prisoner was gone, leaving the fowls.
In the evening of the following day, prisoner came again to the house and told MRS. BERRIMAN that he had brought the fowls the previous morning, and that he intended to have sent them to Plymouth for sale. Mrs. Berriman purchased one fowl for a shilling. The other four fowls were left, and on the following Tuesday the prosecutor's wife called and identified her four fowls among about twenty of Mrs. Berriman's. The fowl which Mrs. Berriman bought she now produced in court, and it was identified by the prosecutor and his wife. Guilty, Six months' hard labour.
MARY ANN ISAAC was charged with stealing, on the 24th of December last, in the borough of Truro, six heath brooms, the property of FRANCIS HARRIS. The prosecutor stated he was a general dealer, living at Redruth, and in the habit of attending Truro market. At about one o'clock in the afternoon of the 24th of December, he had half-a-dozen brooms, in one parcel, in the kitchen of the Barley Sheaf Inn. On going there again about four o'clock the brooms were gone. They were worth eighteenpence.
THOMAS VINTON, ostler at the Barley Sheaf Inn, stated that about half-past three o'clock in the afternoon of the 24th of December, he saw prisoner go out of the front door of the Barley Sheaf with a bundle of brooms, covered with a white cloth, under her arm. A little after four o'clock, he saw her again, and asked her if she had had any brooms that day. She said no. He then asked her, where were the brooms that he had seen her carry out under her arm. She said they were three which she had bought of her father. She lived in an adjoining court to the barley Sheaf; a window of her house looked out into the yard of the Barley Sheaf.
Cross-examined: There were several persons present when the conversation took place between witness and prisoner about the brooms; MR. TAPP, the landlord, was there, and his daughter, and MR. FRANCIS, a farmer; neither of these persons was here to give evidence. [Testified about a case in Tiverton, where his father had a execution levied against JOHN SEALEY, but witness lost the case, because of his age. The goods were sold by the court, and he had to pay costs.]
FRANCIS SIMMONS, farmer, was at the Barley Sheaf on the 24th of December, about four o'clock in the afternoon, and saw the last witness and prisoner at the front door. Heard Vinton say to her, "I saw you carry a bundle of brooms out at the front door of the Barley Sheaf covered with a white cloth." She said she knew nothing about brooms. Several persons were present. Prisoner left, and went to the opening of her own yard. After that, witness went down the yard of the Barley Sheaf to the stable. Saw no brooms in the yard at that time; if they had been there, he must have seen them. On his return from the stable, through the yard, in two or three minutes, there were six brooms, with the bind broken, scattered, and lying under the window of prisoner's house.
THOMAS DAVEY, policeman, produced six brooms, which he took from under the prisoner's window as spoken to by last witness. Afterwards apprehended her at her house; she said, what was she going to do with brooms; she had no use for them.
Cross-examined: There is a thoroughfare through Mr. Tapp's yard. Francis Harris re-called, said he would swear to the brooms, by the make. They were made by a man called HAMBLY, in Bodmin. Had no doubt the brooms were his. Sold a great many of the same kind in Truro. Hambly made brooms for different people, besides witness. Had had three sorts of brooms that day in his cart, and had sold a great many brooms that day. Mr. Stokes addressed the jury for the prisoner, whom he described as a person of irreproachable character.
The only evidence of any importance in the case, he said, was that of Vinton. The evidence of Harris was wholly unimportant, because he could not positively identify the brooms; he had sold many brooms the same day, and had stated that the man Hambly made brooms of the same sort for many other persons. In fact, it was clear that the identity was not proved. The evidence of Simmons was of very slight importance. Mr. Stokes commented on the evidence of Vinton, and on the manner in which he gave it, and then said that he should call a respectable witness who would swear that he would not believe Vinton on his oath.
JOHN SEALEY, examined by Mr. Stokes, said he knew the witness Vinton very well; was present at Tiverton, [because of his testimony in that case, would not believe anything Vinton said on oath.] The following witnesses gave evidence of prisoner's good character for honesty: Mr. J. BREWER, Mr. W. H. JENKINS, spirit-merchant, Mr. STOKES, and Mr. BENNALLACK. The jury returned a verdict of Not Guilty.
CELIA MICHELL was charged with stealing fourteen pounds of wheaten flour, the property of MATTHEW JOHN MOYLE, of Buck's Head, near Truro; and JANE HOLLOW was indicted for receiving the above flour, knowing it to have been stolen. Mr. Bennallack conducted the prosecution; Mr. Stokes the defence.
MATTHEW JOHN MOYLE, the prosecutor, stated that he was in the habit of keeping a quantity of wheaten flour in a store room in his dwelling house. Celia Michell, his cook, always had access to the store, and was in the habit of going there to fetch what was wanted for the house. The only other servant in the house at the time was a boy called TEAGUE. Had often missed flour from the store, and had frequently seen Jane Hollow walking in front of the house. On Wednesday, the 17th of November, about eleven o'clock in the forenoon, saw Celia Michell go out of the house and give Jane Hollow, under the veranda, a covered basket.
Cross-examined: Could not say that he had missed any flour on the Wednesday in question. Was not aware that Hollow used to wash clothes for Michell.
SAMUEL TEAGUE, was in Mr. Moyle's service, but did not sleep at the house. On Tuesday evening, the 16th of November, went with Celia Michell from the kitchen to the store room, and saw her take some flour out of a barrel and put it into a bag or cloth. She said it was a bit of flour for Jane Hollow to make a pasty with for Sunday. She told witness not to split; and witness replied "there is no fear of my splitting." She then left the store room, and put the flour in the back kitchen, in the corner of the shelf. Had often seen Jane Hollow walking with Michell at the gate. She was there on the Friday evening, and said to Michell that she had brought back her clothes. Master was away on the 16th. On the morning after the [19th?], the prisoners told witness that they had had a bit of a rig the night before; that Jane Hollow's young man was there whistling and they danced.
Cross-examined: Did not tell master or mistress after he saw Celia Michell take the flour, until the next morning.
CAROLINE TEAGUE, mother of last witness, saw Jane Hollow about three o'clock on Friday afternoon, the 19th of November; and told her of what her son informed her about Celia Michell having taken flour; and that she (witness) hoped that whatever was between her and Celia Michell, they would not entrust her son with it, fearing that, if he should be asked questions, he would tell the truth. Jane Hollow at first denied having ever received any thing of Celia Michell; but afterwards said she had had a little flour from her to make a pasty by Sunday, when she was to take it to Buck's Head, as Michell was going to have a friend to tea.
GEORGE PAINE, inspector of police, stated that, on Saturday, the 20th of November, when Jane Hollow was brought to the police station, she stated that all she ever received from Celia Michell was a little flour, on Friday week, (the 12th of November) to make her a pasty.
SAMUEL TEAGUE re-called, stated that the prisoner Michell took him into the other room when she took her flour.
Mr. Stokes addressed the jury for the defence, and called the following witnesses to character for honesty: CHARLES CRADOCK, butcher, for Jane Hollow; THOMAS COCK, butcher, and JOHN PENROSE, of Richmond Hill, for Celia Michell; and JOHANNA PENROSE, of Richmond Hill, for both. Verdict, both Not Guilty.
GEORGE SMITH, 25, AMOS SMITH, 20, WILLIAM DEVON, 27, and JAMES McCARTHY, 26, were charged with having, on the 22nd of December, at Liskeard, stolen one pound, nineteen shillings, the property of JOHN HOSKIN. The three first named prisoners pleaded Guilty. Against McCarthy, no witness was called, and a verdict of Acquittal was, of course, given. George Smith, Amos Smith, and William Devon, were sentenced each to Nine Months' hard labour.
HARRIET JOHNS, 18, pleaded Guilty of having, on the 27th of November, at Redruth, feloniously obtained under false pretenses, three pairs of shoes, the property of CHARLES RICHARDS. Sentence, one month hard labour.
SAMUEL GILL, 22, pleaded Guilty of stealing, on the 29th of November, from the Ring of Bells Inn, Callington, a half boot and a half shirt, the property of JOSEPH BISCUMBE. A previous conviction was proved against this prisoner. Sentence, Seven years' transportation.
JOHN WORDEN, 21, and WILLIAM BROWN BURT, 17, were indicted for stealing, on the 1st of January instant, twenty-four yards of canvass, the property of THOMAS RICKARD AVERY and others. Mr. G. B. Collins conducted the prosecution; Mr. Shilson the defence.
ROBERT EASTHOPE, was master of the ship "Clio," which belonged to Mr. T. R. Avery and others. In consequence of information, on Sunday morning last, he obtained a search warrant against prisoners, and went with the constable BLAMMING to the house of ROBERT PEARCE, in Padstow. The ship "Clio" was then lying at Padstow pier. On coming to Pearce's house, and there seeing prisoners, witness said to them "now, boys, you have got the canvass, and the sooner you give it up the better." (This inducement to confession, as it was held by the Court, excluded several statements by prisoners which were adverted to in the course of the hearing of the case.) Mrs. Pearce brought some canvass down stairs.
Cross-examined: The prisoners had been very good boys indeed, as apprentices, during the voyage.
THOMAS HICKS, steward of the "Clio," on Saturday the 1st of January, had some canvass on board which in the afternoon, he placed in the bread-locker, in the captain's cabin, left the cabin door open, and shut the companion, placing a dog there, shut up in the cabin. It was about seven in the evening when witness left the ship and went ashore, leaving on board WILLIAM SKEDGE, an apprentice. On returning to the ship, about ten o'clock, witness found that the dog was on deck, in a house behind the wheel. The cabin was disordered; but it was not until the next morning that witness found the canvass was missing. On the Monday morning, saw some canvass produced before the magistrates which was of the same kind as that he had lost from the ship; but could not identify it as the same canvass.
Cross-examined: The apprentice Skedge was still on board the ship. There was an apprentice paid off, named SIMMONS; he had gone from Padstow, witness did not know whether Simmons was on board on Saturday, with the rest who were paid off, taking his things.
JANE PEARCE, was the wife of Robert Pearce, tailor, at Padstow, who usually made clothes for the two prisoners. They brought their chests and clothes to the house on Saturday. On Sunday, Capt. Easthope and the constable searched and could find nothing in Burt's chest. Witness went upstairs and found canvass behind her box; it did not belong to her, or to her husband. In the evening, Easthope and Blamming came again; witness again went up stairs, and found some more canvass fallen in behind her chest. Had found it on the Sunday morning when clearing the shop board; and Burt said she might put it with the rest of the things. When Burt was taken to the hotel, he sent for witness, who, in consequence of what he said to her, went back to the house and found some more canvass, which she took to the hotel.
THOMAS BLAMMING, constable, produced some canvass which he received before the magistrates. The steward could not identify it, nor speak to the quantity lost. The prisoner Worden's examination before the magistrates was put in; in it, he stated that the piece of canvass, about twelve yards long, found at Pearce's, was given him by THOMAS SIMMONS. Mr. Shilson addressed the jury for the defence; and the Chairman thereupon directed the jury that there was not sufficient evidence to support the indictment. The jury, of course, returned a verdict of Acquittal.
THOMAS SAMUEL HIGGINS, 29, committed for want of sureties in a breach of the peace towards WILLIAM HARRIS, at Summercourt, in St. Enoder, was discharged, there being no appearance against him.
This finished the business of the second court, and the Sessions generally were finished about mid-day on Saturday.
21 JANUARY 1848, Friday
FREE EMIGRATION TO THE CAPE OF GOOD HOPE
Under the Authority of Her Majesty's Colonial
Land and Emigration Commissioners. The SPLENDID first-class ship, "CORMANDEL" of 765 tons register, JOHN GRAY,
commander, with a poop, and most superior cabin and steerage accommodations, will embark passengers at Plymouth, on the 11th of February, direct for Cape Town and Algoa Bay.
Poop cabin passengers will be taken at GBP25 each to Table Bay. Steerage passengers who may not be eligible for a free passage will be charged GBP 14 to Table Bay, and GBP 16 to Algoa Bay, which will include new bedding, and mess utensils. An experienced surgeon, appointed by Government, will be on board. Labour is urgently required in the above healthy colony, and every industrious and well-conducted person is sure to better his condition by emigrating thither.
All particulars as to the classes eligible for free passages, dietary on the voyage, &c., will be furnished on application to JOHN MARSHALL and Co., Emigration Agents, Baltic Wharf, Plymouth.
N.B. - Passages arranged for all parts of the world, and every necessary agency service afforded.
LOCAL INTELLIGENCE
PROBUS PLOUGHING MATCH
This annual ploughing match took place on Thursday the 13th instant, in a field at Carvean, belonging to Captain HEARLE. The weather was remarkably fine, and there was a very full attendance of agriculturists from different parts of the county. The ground for ploughing was a three years' lay, and well adapted for the purpose. There were many good teams of horses on the ground, which with one exception did their work in pairs, and the ploughing was in general well executed.
The ploughs used were of various constructions, but the greater part were iron, and many of them from some of the best instrument makers in the kingdom. A great improvement has recently been made in the skim coulter ploughs; some new skim coulters exhibited were much approved of, and produced excellent work. The following were the premiums awarded to the successful competitors:
Double or turn-wrest ploughs, with skim coulters:
First prize, William Pill, Probus, no driver
Second ditto, Edward Powell, Probus, no driver
Third ditto, Richard Solomon, St. Stephens, no driver
Fourth ditto, John Pill, Creed.
Single ploughs:
First prize, Thomas Cole, St. Enoder
Second prize, John Bassett, St. Enoder
Third prize, George Huddy, Probus
Double ploughs, lads under twenty years of age:
First prize, Henry Huddy, Probus, no driver
Second ditto, William Fugler, Probus
Third ditto, Henry Smith, Probus, no driver
Single ploughs, combing, lads under eighteen years of age:
First prize, Richard Sawle, Probus
Second ditto, Philip Huddy, Probus, no driver
Third ditto, George Huddy, Probus.
Those who ploughed without drivers received extra prizes. The committee awarded 10s. to John Truscott, of St. Stephens, for his double or turn-wrest skim coulter wheel plough, and 10s. for his scuffier, 10s. to William Gerrans, of Tregony, for his single plough, and 10s. to ___ Burley, of Tregony, for his skim coulter. Umpires: Mr. JAMES, of Merther, Mr. MARTYN, of Padstow, and Mr. GILL, of Probus.
Shortly after three o'clock, a company of about fifty dined at the Hawkins's Arms, where a good provision was made for them by Mr. WEEKES. G.W.F. GREGOR, Esq., of Trewarthenick, prsided on the occasion, supported on his right by the Rev. Prebendary LAMPEN, and with Mr. TRESAWNA in the vice chair. The ploughmen were not forgotten, but had dinner and beer provided for them at the society's expense. We were prevented from attending the meeting.
[Following was a description of the speeches, etc. provided by a correspondent. At least ten toasts were noted, and the entire address of the vicar was detailed.]
In the course of the evening a great many topics relating to agriculture were introduced and ably discussed, particularly the best system of cultivating green and white crops, and the best method of arresting the progress of the wire-worm in wheat, which is the most injurious of all insects to the farmer. The evening was spent in the utmost harmony of feeling.
THE NAVY - By the death of SIR ROBERT LAURIE, CAPTAIN BARRINGTON REYNOLDS, C. B. of Penair, in this county, obtains his promotion to the rank of rear admiral. Captain Reynolds is well known in the service, but especially for his gallantry, when a lieutenant in the "Niobe," in taking the 16-gun French corvette "Nearque," in the presence of three French frigates, the "Niobe" having previously compelled the Frenchman to strike. A captain's good-service pension, held by Captain Reynolds, reverts to the patronage of Lord Auckland.
The Hon. Henry Cornwallis ELIOT, son of the Earl of St. Germans, and in his thirteenth year, has been appointed naval cadet to the "Prince Regent," 90, at Portsmouth.
HELSTON FAIR - At this fair on Tuesday last, there was a tolerable supply of fat cattle, which realised about 63s. per cwt. Lean cattle fetched from 40s. to 45s. per cwt., but very few were sold during the day.
PENZANCE CHRISTMAS BALL - On Thursday evening, the 13th instant, this annual ball took place at the Assembly Room, where the company was not quite so numerous as at last year's Christmas Ball, but all who were present appeared greatly to enjoy the pleasures of the merry dance. Quadrilles, waltzes, polkas, &c., were performed in rapid succession, and in excellent style by musicians of the town, who occupied the orchestra, and the dancing with all its fascinations, was kept up until two o'clock in the morning. The ball was opened by the mayor of Penzance, RICHARD PEARCE, Esq., and MRS. GRAHAM; and the arrangements of the stewards, R. PEARCE and JOHN BATTEN, Esqs., were all that could be desired on the occasion.
ARRIVAL OF THE GOVERNMENT EMIGRANT SHIPS IN AUSTRALIA - The "Aboukir," arrived at Adelaide 11th of September. The whole of the emigrants in this ship were selected by MR. WILCOCKS, the Commissioners' agent in the West of England. The "Mariner," a government ship, and the "Rajah," a ship under private auspices, conveying miners from Cornwall, arrived on the 25th of September. The "Mariner" is said to have last sighted the Lizard on the 23rd of June. Letters have been received from the "Success," dated 7th November; about 230 miles from the line, all well. We heartily congratulate the authorities dispatching these ships, on the good fortune which attends them.
ADDERS KILLED - One day last week, the men employed on the reservoir of the Falmouth Water Works, at Kegilliack, killed two large adders, measuring each upwards of two feet in length.
TRURO INSTITUTION - On Friday evening, the 21st instant, MR. W. K. NORWAY will deliver a lecture at the Assembly-room, entitled "A Chapter on Fools." The profits derived from the admission of the public on this occasion will be applied towards liquidating the debt incurred in fitting up the reading room connected with the institution.
PARDON OF A TRANSPORTED POSTMASTER - The postmaster at Bude Haven in 1846, MR. BETHNEL HUTCHINGS, was convicted in that year of embezzling public money, the value of one penny, and sentenced to seven years' transportation; but he has recently received a free pardon from the crown, and has returned to Bude amid the congratulations of his former friends and neighbours.
PENZANCE - At the sitting of the Penzance Borough magistrates on Monday last, it was stated that not a single summons had been granted by the magistrates of the town during the whole of last year.
DECISION IN THE COUNTY COURT - At the County Court held at Penzance, on Wednesday, the 12th inst., the following decision was given by the learned judge, G. G. Kekewich, Esq. Mr. PASCOE applied for a summons for a person residing at Falmouth, who had been supplied with goods from the establishment of MR. RUNNALLS, provision merchant, of Penzance. It appeared that plaintiff's traveller had taken the order for the articles at Falmouth, which were delivered by plaintiff's own carrier - and although part payment had been made by a cheque, his Honoour said he could not grant a summons. The sale was effected at Falmouth, and the goods delivered there, not by a common carrier, but by the plaintiff's own servant.
SHERIFF'S COURT - On Monday last, a Court was held at Penzance, before THOMAS DARKE, Esq., deputy Under Sheriff, when the case of PASCOE v GURNEY was brought for trial. Mr. R. MILLETT appeared for plaintiff, and defendant conducted his own case.
Mr. MILLETT said the sum claimed was GBP 12.2s.9d, which was made up by three separate items. [all three were fees for conducting suits] in an action against MRS. BADCOCK, deceased. The defendant pleaded first, that he was not indebted; secondly, a sett off of GBP 7.5s.; and thirdly, that plaintiff had not delivered his bill of costs in conformity with the statute. [signed and within one month]. The jury, after short deliberation, found for the plaintiff on the first plea for GB8.7s.2d., and for plaintiff on the second and third pleas.
SALTASH SESSIONS - At the Saltash quarter sessions, held on Tuesday week, before W. SYMONS, Esq., Recorder, and WILLIAM HUTCHINSON, Esq., the Mayor, JOHN BATE, WILLIAM BATE, and WILLIAM BARRETT were indicted for assembling together at Cremill, on the liberties of the Tamar, on the 20th of November and creating a riot; a second count charged them with assaulting a police constable in the execution of his duty, and the third charged them with committing a common assault on P. C. CHAPPLE, at the same time and place.
The alleged assault was committed during an affray which arose from the defendants attempting to remove vi et armis a piece of timber from Mr. BANKS's yard, at Cremill. The facts of the case were deposed to by Chapple, the constable, and other witnesses, and the jury returned a verdict of guilty against all the defendants on the first count, that of creating a riot, and against John Bate only on the second and the third. The learned Recorder animadverted on the violence used, and sentenced John Bate to be imprisoned one month in Bodmin gaol, and fined the others GBP 2 each.
TRURO POLICE - On Friday last, JOHN THOMAS was committed for fourteen days to hard labour in the House of Correction, for misbehaviour and destroying his wearing apparel while in St. Mary's Workhouse.
On Monday last, THOMAS DREW was committed for one month to hard labour for begging.
On Tuesday, GEORGE WEAVER was sentenced to fourteen days' hard labour for begging.
On Wednesday last, JOHN HANCOCK was charged with stealing and leading away a black horse. The accused is deaf and dumb, and it appeared that he offered the horse for sale to MR. RICHARDS, a farmer of St. Erme, for GBP14. This he did by writing the price demanded, but as Mr. Richards declined to purchase, the man asked lower prices, and eventually offered the animal for GBP 5. The horse had only a halter on its head, and the farmer, suspecting that it had not been honestly obtained, told the man that his money was at Truro, and if he would go there, he should see what could be done in the bargain.
The man then came into Truro with the horse and Mr. Richards, who immediately went to inform policeman WOOLCOCK of his suspicions. The latter went to the Rising Sun public house, to question the man, who at first gave his name as JOHN SMITH, and stated that he bought the horse last September for GBP14. Afterwards he alleged that he had the horse of his sister at St. Hilary on account of money he had lent her, and subsequently he admitted that he stole the horse. On being brought before the magistrates, his statement was "I stole the horse from MISS HANCOCK, of Ennis, in St. Hilary, at twelve o'clock last night." He was remanded until the following Friday.
ACCIDENT - Three labourers, in Delabole slate quarry, have met with serious accidents within the last week, by the falling of rubbish, and being struck by stone from blasting.
DEATH OF MR. SAMUEL LYLE IN THE QUEEN'S PRISON - On Friday last, an inquest was held by MR. PAYNE, Coroner, at the Queen's Prison, Southwark-bridge road, on the body of Mr. SAMUEL LYLE, aged sixty-six. It appeared from the evidence that the deceased, who had been a mining agent, had been in prison for six years, and had latterly become very despondent, and suffered great anguish of mind. The symptoms of his malady became more acute, and he died on the previous Thursday morning of a cancer in the stomach. His health had been affected for the last few years, and an application was made some two months since, by order of the governor of the prison, to the parties by whose suit he was imprisoned, offering GBP 10 for his discharge, but this was refused. A verdict of "natural death" was returned by the jury.
CORONER'S INQUESTS - The following inquest has been held before GILBERT HAMLEY, Esq., deputy-coroner: On Thursday, the 14th inst., at Charlestown, in the parish of St. Austell, on the body of MRS. SAUNDERS, widow, aged 77 years, who about a fortnight previously fell on the fire during the temporary absence of the servant, and died from the injuries received on Wednesday last, after very severe sufferings. Verdict accordingly.
28 JANUARY 1847, Friday
LOCAL INTELLIGENCE
COASTAL DEFENCES - On Friday evening last, a meeting on this subject took place at the Town Hall, Truro, Mr. BARLOW in the chair. There were about two hundred persons present, who were addressed at considerable length by MR. FRY, of Plymouth, a deputation from the London Peace Society.
The speaker thought the state of the world at present was such as would not justify a nation in at once relinquishing its naval and military establishments; but the wisest course would be, instead of augmenting, gradually to decrease our war-like forces, and thus to show surrounding nations that we had no wish nor inclination for war.
He contended that in nine cases out of ten, disputes between nations, as between individuals, might be settled by arbitration instead of by resorting to physical force. An extended commercial intercourse had a beneficial influence in promoting peaceable tendencies among nations, who would learn that their best interest was secured by cultivating those relations that admitted of the mutual interchange of goods. He alleged that there was not that bitter feeling in France against this country that was stated by some to prevail, and that an increase of our present war establishment is uncalled for by any existing emergency.
On the motion of MR. STEPHENS, seconded by MR. UGLOW, a petition to parliament was adopted, and signed by many in the meeting, against the erection of additional fortresses, the enrolment of militia, or the adding to our present naval and military force. After a vote of thanks had been passed to the chairman, the meeting separated.
[The previous week, the same gentleman spoke at Liskeard, where a very large audience attended, and discussion extended well into the night. At the conclusion, the participants, including the mayor, also petitioned parliament with the same objectives.]
MORTALITY OF ST. ENODER - By the late census, the population of St. Enoder was 1130 persons, and during the past year, only four deaths have occurred within that parish, being the smallest number of deaths within twelve months remembered by the oldest inhabitant, and the smallest number appearing on the register of the parish for the same period.
LAMORNA GRANITE WORKS - On Saturday, the 15th instant, the workmen connected with the Lamorna Granite Works, to the number of eighty-eight, were sumptuously entertained with an excellent dinner, at the King's Arms, St. Buryan, through the liberality of Mr. FREEMAN, the enterprising proprietor. The dinner was presided over by MR. BROOKE, of Bath, and MR. NANKIVEL, the respected superintendent of the works. The company were highly delighted with the proceedings of the day.
CUBERT - The REV. THOMAS STABBACK, vicar of Cubert, has given the sum of five pounds among the few poor families residing in this parish. This seasonable benefaction has been laid out in coals, which have been distributed by the resident curate and principal farmers, who ...ed them gratuitously. [ch...ied?]
COLLISIONS AT SEA - The brig "Susan," CAPT. FOX, from Newport, of and for Hull, with iron, was in contact off the Lizard, on Monday night, with a large barque, name unknown. One of the seamen, named JOHN NEAL, was drowned. The brig lost her bowsprit, cutwater, &c., and was fallen in with, and brought into Penzance, on Tuesday night last, by the "Gannet," pilot cutter.
The. "St. Aubyn," of Jersey, from St. Ives, with fish, was run into, in latitude 38 degrees, by the "Minalto," TREGARTHEN, from Malta, when the former vessel lost her foremast and bowsprit.
DEPREDATIONS - A gang of midnight depredators has been of late carrying on a pretty successful trade amongst the poultry, belonging to the farmers of St. Dennis and the neighbourhood. The Messrs. RICHARDS, of Trerice, have lost twelve geese, sixteen ducks, and twenty fowls; NANCE, on a part of the same estate, lost ten on Saturday night last; MR. MORRISH has lost twenty; MR. TRUSCOTT, several geese and twelve fowls; several others have lost from six to twelve each. The thieves are pretty well guessed at, but have hitherto escaped detection.
COUNTY COURTS - Launceston - At this Court, on Friday last, among other cases, the following were brought for trial:
REED v JENKIN - In this case the plaint and summons were dated December 26, (Sunday), 1847. Mr. PETER, for the defendant, objected that the proceedings were void, having been entered on a Sunday. Plaintiff nonsuited.
BATTEN v WESTLAKE - In this case the defendant, a yeoman, of Alternun, was sued as executor of the will of his deceased father. The plaintiff, a bachelor residing in the same parish, produced a promissory note for GBP 10, made by the defendant's father, in September, 1827. Interest had been paid annually up to the May preceding the testator's death, viz, 1842. In the interim the plaintiff had also received a peck of wheat, on account of the interest due.
Mr. MORGAN, for defendant, pleaded the statute of limitations, and also argued that the plaintiff being a poor man, and the testator's father comparatively rich, it was to be presumed that the money must have been paid. The Judge, however, could not agree with this presumption.
MR. JONATHAN NICHOLLS, witness for defendant, proved that plaintiff had lived with him as a farm-servant, and that in 1837 he had lent him several pounds. This was to show plaintiff's poverty, but on cross-examination, the witness admitted that this loan was a temporary one, to pay for a deed of some property.
MR. RICHARD VOSPER said he accompanied plaintiff on the 30th of November last to defendant's house, and on their behalf proposed to leave the matter in dispute to the decision of J. K. LETHBRIDGE, Esq., or any reasonable person, but the defendant refused to leave it to any one except his own mother, to which Mr. Vosper replied that there would be no objection to that, if there were another reasonable woman to meet her.
The defendant swore that until June, 1844, the plaintiff had never demanded anything of him, nor had he delivered him any wheat. On cross-examination, he confirmed the plaintiff's testimony in several particulars, and the Judge instantly gave a verdict for the plaintiff, with costs. The defendant then requested that the wheat should be charged to the plaintiff, to which the Judge objected, as its delivery had before been denied by the defendant.
Camelford - At the Court held here on Thursday last, before W. M. PRAED, Esq., the interest was more than usual from a jury being summoned for the first time. PHILP v JILES, two farmers of St. Teath, was a case of horse-dealing. The action was to recover GBP 7.10s. for farrier's bill, and GBP5 loss of work, with keep, from the horse having been laid by several months with "pollevil."
The trial occupied full six hours, and produced a great deal of conflicting evidence; plaintiff swearing that the horse was warranted sound, and the defendant that he sold it without warranty. His Honor went through the evidence with great care, and summed up very minutely, after which the jury, without hesitation, gave a verdict for plaintiff GBP 11.10s., this being the full amount claimed, and court expenses GBP 5.10s.2d. This is considered cheap law, and moderate it is in comparison to the assize court, but surely such cases might be arranged in a still cheaper way.
JOSE v. HICKS, for GBP 14.18s due on a lot of wool; defendant did not appear. Verdict for plaintiff, to be paid in a month.
HENDER AMEY, of St. Teach, and THOMAS BONE, of Advent, were each sentenced to thirty days' imprisonment for contempt, in not complying with orders of a former court, when, rather than be taken to gaol, the money was produced instanter[sic] with the expenses. The court closed at ten o'clock.
HELSTON POLICE - On Monday last, a young woman called ANN TRESIDDER, of Constantine, was committed by the borough magistrates to take her trial at the ensuing borough sessions, for having stolen on Saturday last, a shawl from the shop of Messrs. READ and Co., drapers.
ROBBERY FROM MINE - On Friday last, NATHAN RIDDINGTON and JOHN ROGERS were charged before the REV. THOMAS PASCOE, county magistrate, with stealing the brass bearings of Wheal Maria tin calcining machine, and the brasses of the Godolphin steam whim. The prisoner Riddington was lately the carrier of Wheal Maria tin and tin stuff. The men both resided near Godolphin mines, and they were detected between eight and nine o'clock on Thursday evening with the brass in their possession, by MR. R. MICHELL, of Marazion; with the assistance of MR. OSBORNE, of Taskis, who chased and captured Riddington after a severe struggle, both men, with the stolen brass, were placed in the custody of a constable. The prisoners were committed for trial at the assizes.
CHILD BURNT - On Wednesday last, a little boy about six years of age, the illegitimate son of LAVINIA MITCHELL, living in Union-street, Camborne, was playing near the fire and fell against it, when the child's clothes ignited, and before the fire could be extinguished he was so dreadfully burnt that very slight hopes are entertained of his recovery.
ACCIDENT - As Mr. BELLING, of Lostwithiel, (medical officer of the Bodmin Union) was returning from Trecan Gate, on Monday, the 10th instant, about seven o'clock in the evening, his foot slipped in passing over a sheet of ice; and the small bone of his left leg was unfortunately fractured, and both his ankles severely sprained. Mr. Belling has been medical officer of the Union for nine years past; and on account of his kind attention to the poor, a vote of thanks to him was recently proposed by N. KENDALL, Esq., the chairman, and carried unanimously.
GUN ACCIDENT - On Monday last, MR. JOHN GAVED, jun., of St. Austell, was out shooting with a double barreled gun, and had fired off one barrel when, fearing the other was not rammed sufficiently tight, he was in the act of ramming it, when the load exploded, and shattered his hand in such a dreadful manner that it was found necessary to amputate the two first fingers of the right hand up to the wrist, and fears are entertained that the thumb will also require to be removed. The operation was performed by the Messrs. PEARCE of St. Austell.
CORONERS' INQUESTS - The following inquests have been held before GILBERT HAMLEY, Esq., deputy coroner:
On Saturday last, in the parish of Liskeard, on the body of JANE MARTIN, who was found dead in a malt-house, close to her husband's house. It appeared from the evidence of her son and two other persons that deceased left her house in the afternoon, for the purpose of procuring some straw which was kept in the upper story of the malt-house. Her husband, who had gone to Liskeard, had unknown to her removed the trap-hatch for the purpose of drying some oats, and the room being very dark, the windows being closed, the poor woman must have fallen through the trap-hatch on a limeash floor. There was a severe blow on the head, which no doubt caused her death. There was some straw found in her hand. Verdict, accidental death.
On Wednesday last, at Liskeard, on view of the body of an illegitimate child of a woman called ELIZA MARTIN, which was found dead in bed. The child had been unhealthy from its birth, and about ten days since was taken by the mother to MR. PRIDEAUX, surgeon, who gave it some medicine. The persons living in an adjoining room heard the child crying several times during the night, and on the mother waking in the morning she found it dead by her side. Several persons spoke of the attention paid by the mother to the child, ever since its birth, and the surgeon had no doubt the child had died from natural causes, probably inflammation of the chest, which it was suffering from when brought to him. The jury were perfectly satisfied that the child died from natural causes, and returned a verdict accordingly.
On Monday last, at Treligga, in the parish of St. Teath, on the body of one of the unfortunate men who were so dreadfully injured about a week since in the Delabole Quarry. Verdict, accidental death. [Last week's paper merely said three men were badly injured when a scale of earth fell on them. Names were not given.]
The following inquests have been held before W. HICHENS, Esq., coroner: On Friday last, in the parish of Crowan, on the body of WILLIAM LEAN, aged twenty-five years. The deceased was a whim lander at Wheal Tremayne mine, in the parish of Gwinear, and on the 20th instant, as he was adjusting the whim chain, prior to the working of the whim, the weight of the kibble which was suspended to the chain caused the slack of the latter to run suddenly into the shaft, giving the deceased a blow on his head, and fracturing his skull. He survived the blow about ten minutes, but was speechless and apparently senseless from the moment he received it. Verdict, "Accidental death."
On Saturday last, in the parish of Camborne, on the body of RICHARD HAMPTON, aged 27 years. The deceased worked at Tin Croft mine in the parish of Illogan, and whilst at his labour at the fifty fathom level on the previous day, he received a blow on his breast through some ground falling on him, which caused some internal injury, and occasioned his death shortly afterwards. Verdict, "accidental death."
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