cornwall england newspaper
1849 NEWS
AUGUST
3 August 1849, Friday
ADVERTISEMENTS
CHINA, STONE, and CLAY WORKS
TO BE LET, in the parish of SAINT STEPHENS IN BRANWELL, county of Cornwall, for terms of years, from the 25th day of December, 1849, on conditions to be had of MR. JOHN BOWEN, at the Steward's Office at Boconnoc, near Lostwithiel.
STONE
LOT 1 - In QUARRY CLOSE
LOT 2 - ditto
LOT 3 - ditto
LOT 4 - ditto
CLAY
LOT 1 - The works called VICTORIA
LOT 2 - The works called HALLEW
LOT 3 - The works called TRETHOSA
LOT 4 - The owrks called LITTLE JOHNS
At present held by the "CORNWALL CHINA STONE and CLAY COMPANY" under lease at a minimum rent of GBP 1,300 a year, subject to increase whenever the amount of stone at 3s., and clay at 6s., per ton together shall exceed such rent.
Proposed Works of Clay and Stone in localities yet unwrought
LOT 5 to 10 - In CUNNAVBARNE
CARLOGGAS
WHITMOOR
CARPELLA
Tenders, offering for Rents, and at Rates per Ton, for China, Stone, and Clay, respectively, may be sent to Mr. John Bowen at Boconnoc aforesaid, on or before the 1st day of September, 1849, for the said lots separately.
The Landowner will not be bound to accept any Tender, but be at liberty to choose a tenant or tenants for the above or any other lots.
Proposals may be likewise sent in respect of any other Lands in the said parish belonging to Lady Grenville.
Messrs. SPODE and CO, and JOHN ROGERS and SON, of Staffordshire, formerly held part of these works.
Dated Boconnoc, June 18, 1849
CHOLERA
BRANDY is the most agreeable and efficacious remedy for CHOLERA, if taken in the early stages; the
following are the prices for Pure Spirit at WADE's CELLARS, St. Clement Street, Truro -
Betts's Brandy..................12s. per Gallon
Imperial Brandy.................13s. ditto
Patent Brandy...................16s. ditto
Bordeaux Brandy.................20s. ditto
Fine Old Cognac, pale or brown..24s. ditto
One shilling discount for ready money, on quantities of one or more gallons. Dated July 31, 1849
LOCAL INTELLIGENCE -
PREVENTION OF CHOLERA - The General Board of Health, London, stated the following encouraging facts:
1. The disease is not contagious
2. Its attacks are not sudden
3. If its warning symptoms are immediately attended to the disease may generally be arrested.
Householders of all classes should be warned, that their first means of safety lies in the removal of dung heaps, and solid and liquid filth of all description, from beneath or about their houses and premises. Next to the perfect cleansing of the premises, dryness ought to be carefully promoted. If cholera break out, every one should be fully impressed with the importance of paying instant attention to the warning symptom; that is, looseness of the bowels. This looseness may be accompanied with some degree of pain, which however is generally slight, but in many cases there is no pain; and for some hours, and even days, this bowel complaint may be so slight as to appear trifling, so that, without a previous knowledge of the warning, it might easily escape notice altogether. Medical authorities are agreed that the following remedies, which are within reach and management of every one, may be regarded as the most useful, viz.: Twenty grains of opiate confection, mixed with two table spoonfuls of peppermint water, or with a little weak brandy and water; and repeated every three or four hours, or oftener, if the attack is severe, until the looseness of the bowels is stopped; or, an ounce of compound chalk mixture, with ten or fifteen grains of the aromatic confection, and five or ten drops of laudanum, repeated in the same manner. From half a drachm to a drachm of tincture of catechu may be added to this last, if the attack is severe. Half these quantities should be given to young persons under fifteen, - and still smaller doses to infants. It is recommended to repeat these remedies night and morning, for some days after the looseness of the bowels has been stopped. But, in all cases, it is desirable, whenever practicable, that, even in this
earliest stage of the disorder, recourse should be had to medical advice on the spot. Every article of food likely to promote a loose state of the bowels should, as far as possible, be avoided, - such as every kind of green vegetables, whether cooked or not, as cabbage, cucumber, and sallad. The most wholesome articles of vegetable food are, - well-baked (but not new) bread, rice, oatmeal, and good potatoes. The food should be solid rather than fluid; and those who have the means of choosing should live principally on animal food. Great moderation, both in food and drink, is absolutely essential to safety. One single act of excess has, in many instances, been followed by a speedy and fatal attack. Warm clothing is of great importance. The wearing of flannel next the skin is therefore especially recommended. Particular attention should be paid to keeping the feet warm and dry; changing the clothes immediately after exposure to wet; and maintaining the sitting and bed-rooms well aired, dry, and warm.
THE CHOLERA - from the Registrar General's Return - The deaths, from diarrhaea (fatal in a great majority of cases to children) and dysentery, which in three previous weeks were 54, 100, and 146, increased in the last [week] to 238, showing a more rapid increase recently than the mortality from the more malignant form of the disease.
EXPECTED ROYAL VISIT TO FALMOUTH - It was generally expected that her Majesty would call into this port on her way down channel on Wednesday, andgreat numbers were on the look out for her arrival. The half-noon battery at Pendennis Castle was prepared for a royal salute, and the municipal authorities with a dutiful address, but night closed in without any sign of the royal fleet. About five o'clock on Thursday morning, three steamers passed down outside the harbour, one apparently the "Victoria and Albert," as she had a flag at her main, supposed to be the Royal standard.
MEVAGISSEY - We regret to state that the cholera still continues to rage in this town, and that little, if any, mitigation in the disease has taken place during the week. The following is a statement of the cases from Thursday to Tuesday last:
New Cases Mild Malignant Died
July 26....Diarr......44....Cholera 18....9.........9...........3
July 27...............47.............9....7.........2...........8
July 28...............30.............8....4.........4...........2
July 29...............32?...........13....8.........5...........2
July 30...............27............12....9.........9...........3
July 31...............15............13....2........14...........4
Totals................96............70...39........40..........21
We have not ascertained the number of cases on Wednesday. Two deaths, however, we understand, took place. In spite of this large mortality there can be no doubt that the energetic exertions which have been made by the medical men have been the means of saving a large number of patients. Most liberal subscriptions have been received from the several towns in the neighbourhood, and every possible means have been adopted to improve the sanitary condition of the town. Soup-kitchens have been established, by which the destitute poor are fed. Places of refuge have been fitted up in healthy localities to receive the inmates of the dirty parts of the town, or of houses in which deaths have occurred, while the necessary purifications are being conducted; and fresh bedding has also been supplied to those poor persons whose families have suffered from cholera, where it has been thought advisable to destroy the infected blankets, &c.
HEALTH OF FALMOUTH - Thursday, August 2 - We are happy to state that up to this time, the town is perfectly healthy, the rate of mortality being considerably less than at the corresponding period last year. This is owing no doubt, in a great measure, to the efforts of the sanitary committee and the waywardens, who have been untiring in the discharge of their duties. A correspondent of Falmouth suggests that the sanitary committee should divide the town into districts, and make house-to-house visits, similar to the plan adopted last year at Glasgow, by which,in one week, the number of deaths were reduced to 70 per cent. The ladies formed part of the district visitors, and their labours in densely occupied localities were found highly advantageous,as they were able to direct and advise female members of families on domestic matters, where the other sex could not interfere, and by timely assistance on the pemonitory symptoms, saved scores of lives. (It is a subject well deserving the consideration of the authorities in every locality in the county. - ED.)
SANITARY STATE OF TRURO - We are glad to state that at present this town is in a comparatively healthy condition; disease, generally, is less prevalent, and deaths are fewer than at the corresponding period of last year. It is said that cholera has appeared, but on inquiry we find that in only one or two cases of deaths has there been any resemblance to that disease; and as to whether these cases were Asiatic cholera or not, the medical men are said to differ in opinion. One of the deaths referred to took place in a locality deficient in drainage, in a small house where twelve persons lived huddled together, and the other death was that of a feeble old man seventy-two years of age, who had previously been the subject of paralytic attacks. There were rumours of one or two other cases, but they are found to be only English cholera, or diarrhea, attacks incidental to this season of the year, and the parties are recovering. [They then mentioned the lack of a Board of Health, and the need for one.] In St. Austell, St. Columb, Bodmin, and other towns, we hear of
the formation of Boards of Health, and of everything being done which the crisis calls for, and we do hope that not another day will be lost till similar steps are taken in Truro.
PROBUS - On Sunday morning last, a sermon was preached by the vicar, in the parish church of Probus, on the subject of the distress now prevailing at Mevagissey in consequence of the cholera, and the next day the sum of GBP 18 8s.7d. was collected in the parish for distribution by the board of health in that town, among the suffering families.
FOX HUNTING - On Camelford St. Thomas's fair day, news was brought from the moors that several foxes, young and old, had been frequently seen playing among the rocks of far-famed Roughtor. On the news reaching the ears of those noble sons of Nimrod, the gentlemen of the Tintagel hunt, they resolved to disturb the repose of this bold and romatic spot, and also that of their wary prey located there. Accordingly, Saturday last was the day appointed for the fray, and seven the hour of meeting. Soon after that time the hounds were thrown off, and quickly hit upon the drag. A cub was soon found, and made noble resistance to a gallant little terrier of the pack under the rocks; unfortunately in the fight, before bolting, the terrier broke his antagonist's leg; just at this moment up rose a gallant old dog fox - "Tally ho!" - "Hark away!" - "Hark to Phantom, hark!"
"And the view halloo bids a chorus rise,
Of dogs quick-mouth'd, and shouts that mingle loud
As bursting thunder rolls from cloud to cloud."
"Hark forward~" "Tally ho!" resounded from every side, helter skelter, away went the motley group, and many were the hair-breadth escapes, Reynard taking them to Brown Willy, where he kept up the dodging system for some time; at length his unflinching pursuers getting too close to his brush, forced him to the open -
"Against the breeze he darts, that way the more
To leave the lessening murderous cry behind."
The pace was terrific, the scent being breast high; "heads up and sterns down," being the order of the day, away they rattle o'er heath and marsh and desert moor, until after a chase of three hours of varied character, he was run into near the place of starting. Several were up -
"Who saw the villain seized, and dying hard
Without complaint, though by a hundred mouths
Relentless torn."
This being over, our gallant yeoman called at a farm near Roughtor, and were treated most heartily to whatever the house afforded, by an old lady above four score, who drank their healths and expressed her delight that the "Varmints" were dead, they having killed several kids and geese of hers this season. On returning across the moor, the following lines of a song could be heard with occasional flashes of merriment to the accompaniment of the tinkling sound of sheep bells, and carol of the lark, "suspended in mid air:" -
"I am a jovial sportsman, as every man should be
A hunting life and a country life is just the life for me;
Our horses and our hounds are such, no other clime can show
For 'tis their delight, in the foremost flight, with a fox
afoot to go," &c., &c
Not content with their sport, these jolly fellows resolved to astonish the inhabitants of the quiet little town of Camelford. To this end a man was despatched dragging one of the foxes first through the meadows around the town, then entering it at the lower end, passing nearly through the place; since the circumstance of a hare entering a grocer's shop with the hounds at her tail, no such sight has been seen there. The man with the fox had but just time to go to earth, when in came the dogs and horsemen pell mell (the music of the former most pleasing among the houses) dashing along at a furious pace, - men, women, and children in the greatest wonderment, running to know what was up. At last, they came to a cheek, the matter was explained, all joined in the thrilling "Whoo-whoop~" and the hunters seemed glad to commence a performance of another character at Mr. Brown's.
LAUNCESTON - The Duke of Northumberland kindly permitted the pupils of the Launceston Grammar School to cricket in his beautiful park at Werrington, on Wednesday last. The ground set apart for cricketing had been prepared for the occasion by order of his Grace. At two o'clock, the happy group assembled, and shortly after, his Grace, accompanied by the Duchess, arrived on the spot to witness the juvenile performance, and took great interest in the sport. At half-past five, the Duke and Duchess, with the boys, proceeded to the thatched cottage, where the tables were profusely spread with a sumptuous repast, supplied by the kind liberality of the Duke and Duchess. Long will this day live in the minds of the boys of the Launceston Grammar School.
THE CROPS - On Monday last, MR. THOMAS WILLIAMS, of Treluckey, in Cuby, cut a field of wheat, which was of large produce, and finely kerned. Mr. ANDREW HOSKING, of Kerwin, in the parish of Lelant, commenced harvest on Wednesday last, by cutting an excellent field of wheat; never perhaps was there a greater prospect of an abundant harvest in this parish, than at present. Our Bude correspondent states that the hay has been well saved in that district, and is a good crop both in quality and quantity. The occasional showers have been beneficial to the turnips and grass lands; the
potatoe crop, in that neighbourhood, looks well, and the corn will soon be ready for the sickle. In the neighbourhood of Liskeard we are informed there is no failure in the potatoes, which are superior to the crop of last year in quality and quantity.
THE PILCHARDS - Everything indicates a bountiful season. The coast from Fowey to the Lizard is teeming with finny multitudes. On Tuesday evening, off Mevagissey, there were large shoals of fish, but the population is too thinned by fear and death, and so paralysed that no sean could be got out to enclose them, and it is feared that the season will be lost to that place. At Porthallow, near the Manacles, two seans shot on Wednesday evening, one of which took about 200 hhds; the number taken by the other is not known, but it is reported to have been a large shoal. The drift boats have also had large catches, and they have freely sold at from 9d. to 1s. per 120.
Charlestown - The drift boats have been bringing in from 1,000 to 3,000 fine pilchards each boat during the past week.
St. Ives - Our drift boats are bringing in good catches of pilchards from about five or six leagues off St. Ives Head.
MEDICAL HONOURS - We observe that the degree of doctor of medicine was conferred this week by the University of Edinburgh, on MR. THOMAS PEARSE, late of Launceston, now of Plymouth, who had previously obtained a degree of B.M. at Marischal College University; and on Saturday last the same gentleman was admitted a member of the Royal College of Surgeons, of Edinburgh. MR. CHARLES AUGUSTUS WEST, of Camelford, and physician assistant at the Hospital for Consumption and Diseases of the Chest, Brompton, passed his examination, and was admitted a member of the Royal College of Surgeons on Monday last.
ANOTHER INCENDIARISM - On Friday night last Trembell farm-house, in the parish of Mullion,, was set fire to and entirely destroyed. It appears there has lately been a law-suit about this property, and consequently the house was uninhabited at the time of the fire, the tenant having been compelled to leave it.
APPREHENSION OF A NOTORIOUS CHARACTER - On Saturday last, WILLIAM CURTIS was apprehended near Penryn, by the active constable of that borough, when he inflicted a deep and dangerous wound in his throat. MR. JEWEL, surgeon, attended Curtis, and stitched up the wound, applying adhesive plaster. On Monday, he was brought to Redruth by WILLIAM NICHOLL and RICHARD RODDA, two Redruth constables, when Mr. HARRIS, surgeon, was requested to attend him, he being still confined at Redruth, and closely watched by night and day. On Tuesday morning he was taken before Mr. S. DAVEY, and charged with stealing a saw from Mr. HOSKING, wheelwright, of Ludgvan, when he was remanded in order to give time for differing parties to appear against him with accusations of stealing from them different articles. Curtis is a strong, tall, rough-looking man about forty-five years of age, with very large features and thick lips.
THE ROBBERY AT TREGULLOW - On Monday last, EDWARD BURROWS was charged before Mr. G. CROKER FOX and MR. STEPHEN DAVEY, magistrates, with committing the late robbery of plate at Tregullow. He was taken into custody on suspicion, in the first place, at St. Erme, having been seen in a field adjoining the place where the plate was found; and with other circumstances, the evidence was considered sufficient to warrant his committal for trial at the next assizes. Burrows is a native of Bodmin, but left that town some years since.
ATTEMPTED SUICIDE - On Tuesday night last, a woman called Elizabeth BARTH, who sells pork in the Truro market, attempted to commit suicide by hanging herself at her residence in Paul's Row, Truro. She tied a handkerchief round her neck, fastened it to a crook, and swung off; but fortunately the handkerchief broke, and she fell down on the floor on her face. She shrieked loudly, and was heard by the neighbours, but it was not like sounds proceeding from a human being, in consequence of the handkerchief being tight about her neck. A man called ALLEN, who was passing by, first went in, took the handkerchief off her neck, and sent for MR. ANDREW, surgeon, who saw that she was not dangerously affected. The police were sent for and took her in charge, but it being too late to take her to the union, she was taken to the house of MR. PEARCE, constable, and a neighbour sat up all night with her. She attempted this crime downstairs in the dark, having at the time a light up stairs. She lives separated from her husband. When the neighbours went in, she said she was determined to hang herself again.
SERIOUS MINE ACCIDENT - As a miner, named JAMES GREGORY, was at his work in Stray Park Mine, Camborne, last week, he fell and severely fractured his skull. He remains in a precarious state, but hopes are entertained of his recovery.
CORONERS' INQUESTS - CHILD MURDER - The following inquest has been held before MR. CARLYON, coroner: On Monday last, at the Union Inn, Truro, on the body of a male infant child, which had been found in the afternoon of that day, at the premises lately used as the Wood Works on the New Road. PEARCE ROSEWARNE, storekeeper at MR. TREFFRY's stores (part of the old works) stated that about three o'clock in the afternoon he went into the old engine-house and saw a bundle on the ground, which appeared to have been thrown through the broken window just above. [He found it was a body of a child, and called MR. LIBBY, constable, who took the body to the Union Inn. Had passed by the same place two days in succession, and had not noticed the broken window or the bundle; had no suspicion as to whose child it was. Mr. TRURAN, surgeon, Truro, stated the child had been born alive, and from the injuries to the skull and face, that the child died from one or more blows to the head, but by what means given he could not state.] The jury returned a verdict of "wilful murder against some person or persons to the jurors unknown."
An inquest was held by MR. HICHENS, on Tuesday last, in the parish of Germoe, on the body of ELIZABETH NICHOLLS, aged 9 years. The deceased was on the previous day letting down a bucket into a draw-well for the purpose of getting up some water, when the handle of the windlass slipped in her hand, and striking her in the side, knocked her in. A younger sister was present at the time and she ran to communicate the occurrence to her mother, and the deceased's little brother then went to a neighbour's house (WILLIAM HENRY RICHARDS) to tell him what had occurred. Richards immediately proceeded to the well, but the rope attached to the windlass not being trustworthy, it was found necessary to despatch a messenger to Great Work mine for a tackle. {It took over an hour for him to be lowered into the well. The deceased's head was greatly bruised and cut, as might be supposed in falling. The depth of the well was about seven fathoms in all. She was probably stunned in the fall, and suffocated before she could recover, as there was only four feet of water in the well. Verdict, "Accidentally drowned."
DEVON - CHOLERA AT PLYMOUTH - The last returns issued by the Board of Health, down to the 29th ult., state the number of new cases to have been fifty, and the number of deaths five. In Stonehouse there are several new cases, and in Devonport there are also some new cases, which broke out amongst poor people in Boscawen-row, Morice Town. The health of Devonport generally is good, but there are a few cases in the town and neighbour-hood. On Friday evening a little girl was attacked in the rural parish of Egg Buckland, four miles from Plymouth. She was seized with cramps and pains, and was carried off in a few hours. There had been no illness in the parish before, and no cause is known that lead to the outbreak in that case.
DOMESTIC INTELLIGENCE
THE CHOLERA - The cholera is reported to be on the decline in Portsmouth, Bristol, and other towns which have been severely affected. The following is an extract from a letter from MR. OWEN EVANS, a medical man in London, which lately appeared in the TIMES: "I beg to give one of the several cases of severe Asiatic cholera that have recently come under my treatment, and in making some trifling alterations in the original method, I have met with the greatest success; in fact, I have not lost a patient, and I fully believe, that if the public attend strictly to my instructions many other valuable lives may be saved.
Mrs. M., a young healthy married woman, age 22, was on Thursday, the 12th of this month, suddenly seized at 9 o'clock a.m., with violent pains in the stomach and bowels, vomiting, purging, dizziness of sight, &c.; pain producing contractions and cramp. I immediately gave her calumel gr. x, morphei mur. gr.j. (in two pills); half an hour gave her cajaput and mint oil, and a teaspoonful of cold water - choloric aether and oils to be repeated every half an hour until pain and vomiting are relieved.
12a.m. - Was seized with a fit, sprang out of bed, limbs stiffened, pain and sickness returned, skin and finger nails blue, pulse scarcely perceptible, skin cold; mustard poultice applied all over stomach and bowels, calomel and morphine pills repeated, chloric aether and oils to be now given every fifteen minutes; complains of severe pains in the limbs, purging ceased.
3 o'clock p.m. - Had another fit, pulse very low, skin warmer; aether and oils as before. Half past 3 - pain insupportable; calomel and morphine pills repeated.
4 o'clock - Pain and sickness much relieved, skin warm, complains of weakness and sinking; take egg and brandy beat up, aether and oil discontinued.
5 o'clock - vomiting returned, skin cold, oils and chloric aether to be resumed every half hour. Half past five - Reaction come on, skin warm, pain and vomiting much relieved; take saline effervescing, with excess of bicarbonate potash; arrowroot and brandy occasionally.
10p.m.
- Vomiting slightly, pulse 72, skin warm; ordered all medicine to be discontinued.
12 p.m. - Vomiting occasionally, skin warmer, complains of slight
pains, but expresses great dread of return; ordered morphine 1/3 gr., with eight grains of Grey powder in pills, to take every two hours during the night; strong beef tea occasionally. Passed a quiet night till five a.m., when pain and vomiting returned.
13th, 8 a.m. - Pain insupportable, skin cold, and slight vomiting. Gave two drachma of chloric aether, which produced immediate relief.
10 a.m. - Has slept an hour, vomiting and pain returned, gave calomel gr. x., morphine ss.
11 a.m. - Much relieved in every respect. Bowels not having acted, ordered turpentine enema mixed with
milk and treacle, which brought away a very large quantity of black foetid matter resembling pitch and very tenacious, afterwards much green fluid passed; this produced considerable relief; took a rhubarb draught, and the ordinary medical treatment adopted.
11 p.m. - Has passed a quiet day and is much better.
14th, 10 a.m. - Has passed a good night, feels comfortable, complains of mouth and throat being sore from the calomel, and also very weak.
15th. - Convalescent and able to walk out.
July 13 - Mr. and Mrs. J., residing in the same house with Mrs. M., were seized with pain in the stomach and bowels, purging and vomiting. Calomel and morphine pills with chloric aether were administered, and in the course of a few hours they were both perfectly well.
I particularly wish to impress on the public the great necessity of immediate measures. No time must be lost in taking the calomel and morphine pills, and then the chloric aether and cajaput and mint oils. I have invariably found that morphei mur. acts far more effectually than opium in this particular disease. Every one can keep such remedies in their homes as calomel and morphine pills, chloric aether, cajaput and mint oil, and can employ them till the arrival of their medical practitioner, and on no account must they delay in doing so."
According to the very interesting book "The Ghost Map" by Steven
Johnson, 2006, the worst part of this plague of CHOLERA, which
eventually killed over 14,000 people, was that the only way to defeat
the disease, in 1849, was by drinking excessively of water.
Dehydration was the enemy - but the articles in this issue of the West
Briton clearly state the official viewpoint. The authorities firmly
believed for quite a long time that cholera was caused by the awful
odors emanating from cesspools, etc.; it was called the miasma theory.
As the president of the London Board of Health said, "All smell is
disease." Dr. John SNOW and the REV. Henry WHITEHEAD had not done
their seminal work; that was to come in 1854. No one suspected it was
the water itself that was poisoning everyone.
CORNWALL SUMMER ASSIZES
On Thursday morning, Mr. JUSTICE WILLIAMS attended divine service, at Bodmin church, and heard an impressive sermon from the Sheriff's chaplain, the REV. C. WINSTANLEY CARLYON, rector of St. Just in Roseland, from Hebrews, c. xii. v.17.
At twelve o'clock the courts were opened, Mr. Justice CRESSWELL presiding in the Crown Court, and Mr. Justice Williams at Nisi Prius.
CROWN COURT
The following gentlemen were sworn on the grand jury -
SIR W. L. S. TRELAWNY, bart., foreman
Hon. G. M. Fortescue
C. G. Prideaux Brune, Esq.
Sir Colman Rashleigh, Bart
W. Braddon, Esq.
T. J. A. Robartes, Esq., M.P.
W. Hext, Esq.
G. W. F. Gregor, Esq.
R. Graves Polwhele, Esq.
F. Rodd, Esq.
T. Hext, Esq.
J. Davies Gilbert, Esq.
J. Lyne, Esq.
E. Stephens, Esq.
W. Morshead, Esq.
W. P. Kempe, Esq.
F. J. Hext, Esq.
D. P. Hoblyn, Esq.
T. Graham, Esq.
C. B. Graves Sawle, Esq.
The following gentlemen also answered to their names: J. E. Vivian, Esq., and E. Coode, jun., Esq.
After the Queen's proclamation for the discouragement of vice had been read, and other usual formalities completed, the Learned Judge delivered his charge to the grand jury:
Gentlemen of the Grand Jury, from the calendar lying before me, I find nothing requiring any general observations. Your duties are very much of the same character as on former occasions in this district. ... There are a few cases, and a few only, on which I think it necessary to trouble you with any observations. The first is a charge of murder; three women were - not committed to prison - but admitted to bail, on a charge of murder, supposed to have been committed on a new-born infant. Having read the depositions, I no longer feel any surprise that they were admitted to bail; for the evidence leaves it very doubtful whether any such charge can be substantiated. No doubt there was a strong ground for suspicion.
But you will have to inquire first whether the child was born of any one of these three women; and secondly, if you should be satisfied of that fact, whether you have reason to put them on their trial on a charge of murder. It is one thing to entertain suspicions, and another thing to be satisfied that there is enough evidence to warrant your putting them on their trial on a charge of murder. But, if you should think that the child was born of any one of these women, then possibly you may find that there is evidence of concealment of the birth; and the jury have power to acquit of murder and to find guilty of concealment, with reference to the principal, but not so with reference to those charged with assisting in the concealment. With these observations you will direct your attention to the examination of the witnesses; and I have no doubt that you will come to a proper result in finding or rejecting the bill for murder.
[In the case of the two young men accused of arson, the charge, in my opinion, was in considerable doubt.] There is a statement made by each prisoner; but you will bear in mind that a statement made by any one prisoner is evidence against himself, but not against the other. [In the case against the mate of a ship accused of stabbing with intent to murder,] there was no intention to murder, according to the evidence in front of me. He might have intended to do some grievous bodily harm, but not to commit murder. .....
There is a charge against a man called EDWARD TREGENVER, of a highly criminal assault on a female child. According to the evidence of the surgeon, the crime charged was not committed; and it certainly seems a little surprising to find such positive direct testimony given that the crime was not committed, and yet that the party is committed to take his trial for it. But it is so. And there is a charge of that kind against the prisoner with regard to another female who was present at the time. With reference to that, I must point your attention to this, that however young a female may be, if she is a consenting party, you cannot find a bill for assault. ...
There is a charge against RICHARD NORMINGTON, of which I will only say that the investigation of such cases must always be attended with some mischief; and bills in such cases are not well found unless there is the strongest moral probabilty that the trial will result in conviction. No other cases calling for observations by me,... if in the course of your duties, you should desire to make any inquiries of me, I shall be happy to render any assistance in my power.
The Grand Jury then retired to their room, and soon returned bills in cases of uttering counterfeit coin.
UTTERING COUNTERFEIT COIN - MARY WHITFORD, alias MARY ROBINSON, aged 43, was charged with feloniously uttering a counterfeit half-a-crown, at the parish of Madron, to GRACE JAMES. Mr. MOODY and MR. sTOCK, counsel for the mint, conducted the prosecution; the prisoner was undefended. In stating the case to the jury, Mr. Moody informed them that in the present indictment, a felony was charged because the prisoner had previously been convicted of a similar offence. In cases of utter counterfeit coin, the first offence was a misdemeanour; and any subsequent offence a felony. To prove the former conviction, EDWARD JOSEPH POWELL, inspector of the mint, produced a certified copy of the conviction of MARY WHITFORD at the Devon Michaelmas Sessions in 1844, for uttering a counterfeit shilling. The identity of the prisoner was proved by MARK MERRITT, a police officer of Tavistock, who was present at the Devon Sessions in October, 1844, when the prisoner was convicted. Evidence of !
circumstances in proof of the present indictment was then adduced.
- GRACE JAMES, a young girl was selling butter at Penzance market, on Thursday the 5th of april. Between four and five o'clock in the afternoon, prisoner came to her and bought a pound of butter at 8d. per lb. She gave witness a half-a-crown and two-pence, and witness gave her two shillings. In about half an hour, witness went to buy some things at the shop of Mr. POLKINGHORNE, grocer, and on giving the same half-a-crown to the assistant, was told that it was bad. Witness then went to search for the woman, and found her in custody at the police- office. Gave the half-a-crown to the police officer, having marked it before.
- JOHN MARTIN, police officer, produced the half-a-crown given to him by the last witness.
- ELIZABETH RICHARDS attended Penzance market with butter and eggs on the 5th of April. Between four and five in the afternoon, prisoner came and bought half a pound of butter, for which she paid with a 6d., and witness gave her back three half-pence. In about five minutes she came again, bought another half a pound of butter, paid 6d., and received three-halfpence; and in about five minutes again, she came a third time and made another purchase in precisely the same way. Witness then had suspicions of her, looked at the third sixpence, rang it, and found it a poor one; told the prisoner it was poor, and she gave a good sixpence in exchange for it, and went away. Witness took the other sixpences from her pocket, and, looking at them, found them bad also.
Prisoner then came again, and witness called to her and told her that she had given two bad sixpences; and prisoner gave a good shilling in exchange, and had the two sixpences back. Before she came back the last time, witness had sent her son for the policeman.
- JOHN MARTIN, police officer, was fetched on the afternoon in question, by the son of last witness, and took charge of prisoner. On his taking hold of her, saw her drop some coins, which were picked up by another constable, MATTHEWS. Witness now produced three sixpences, which were found on the prisoner.
- THOMAS MATTHEWS, police officer, saw prisoner drop some sixpences, as stated by last witness. Picked them up and gave them to Martin.
- JOHN OULDS, police officer, stated that the prisoner was placed in his custody in the afternoon of the 5th of April. Asked her if she had any other coins on her; and she said "No." His wife then searched her, and while she was doing so, witness saw something fall from the prisoner on the floor. Witness picked it up, and found it to be a small piece of paper containing what appeared to be a sixpence.
- ELIZABETH DENNIS also attended the market on the 5th of April. Prisoner bought a half a pound of butter of her also, and paid for it with a sixpence, receiving three half-pence back. About five minutes afterwards, prisoner was brought back in custody; witness then looked at the sixpence she had received of her, and saw it was a bad one. Told prisoner of it, and prisoner gave a good shilling in exchange, and witness gave her the bad sixpence and another.
- EDWARD JOSEPH POWELL, inspector of the mint, proved that the half-a-crown and three sixpences, and the fourth sixpence produced, were all counterfeit, and that the single sixpence was cast in the same mould as two of the three. GUILTY. Eighteen Months' hard labour.
EMMA DUFF, 22, was indicted for unlawfully uttering three counterfeit half-crowns at Truro, severally to ELIZABETH SANDERS, ELIZABETH MORGAN, and ELIZA BURROWS.
- Elizabeth Sanders, wife of James SANDERS, of the Ship Inn, Truro, stated on the 29th of June, prisoner, with CAROLINE CLEMENTS, had a pint of porter, for which she paid half-a-crown, and received 2s.4d. change. Witness put the half-a-crown into the till, and kept it there till the following Sunday afternoon, when she gave it to FITZSIMMONS the constable. Witness had no other half-a-crown at the time.
- ELIZABETH MORGAN, fruit-seller at Truro, proved that on Saturday, the 30th of June, was at the Turk's Head Inn, and prisoner came there, with Caroline Clements and another girl, and bought a pint of strawberries, and paid for them with a half-a-crown. Witness kept the coin in her pocket until she gave it to her sister, Martha, and got it back immediately and gave it to the constable Fitzsimmons.
- MARTHA MORGAN stated that when her sister gave her the half-a-crown by the Seven Stars Inn, she immediately found that it was a bad one, and bit it. She then gave it back to her sister, who gave it to Fitzsimmons.
- ELIZABETH BURROWS resides at the New Inn, Truro, kept by Mr. SHOLL. [Prisoner came to the Inn with another girl, and had a pot of porter, for which she paid half-a-crown, and witness gave her the change.] Witness immediately gave the half-a-crown to Mrs. Sholl.
- MARY SHOLL, wife of Richard Sholl of the New Inn, stated that on receiving the half-a-crown from the last witness, she put it into a drawer; looked at it and saw that it was one of Victoria's reign. It was the only one she had of that reign. In the afternoon of Sunday, she gave it to Fitzsimmons.
- JAMES FITZSIMMONS produced the three half-a-crowns, and also proved that he apprehended the prisoner on the night of the 30th of June. She said she did not pass any half-crowns, and that it was Caroline Clements who bought the strawberries and gave a half-a-crown for them.
- MR. POWELL proved that the three half-crowns were counterfeit, and that they were all of one mould. GUILTY. Nine months' hard labour.
JAMES ROBERTS, 28, was charged with having, on the 18th of May, burglariously entered the dwelling house of JOHN THOMAS, of the parish of St. Neot, and stolen therefrom a stuff gown piece and a piece of cotton print. A second count charged felonious reception of the articles named.
- PHILIPPA THOMAS, wife of the prosecutor who keeps a draper's shop at St. Neot proved that on the night of Friday the 18th of May, the shop and premises were safe at half-past ten, when she went to bed. The next morning, about a quarter past six o'clock, found that the top hatch of a door used for taking goods in had been opened by cutting a hole and putting back the bolts. Witness found that many articles had been stolen, among them a stuff gown-piece and a cotton gown-piece, which she had since seen in possession of the constable.
- JOHN PENGELLEY, constable of Blisland, on Monday the 11th of June, searched prisoner's house in the parish of St. Breward, and in a box in his bed-room found two gown pieces, which he now produced. Prisoner's house is about nine miles across the moor from St. Neot.
- MARY CARTER, in last winter, bought at the prosecutor's shop a part of a stuff gown-piece which she now produced, made up. It was a quarter and half a quarter of a yard cut from a piece of seven yards. (The piece produced by the constable, found in the prisoner's house, was six yards twenty-one inches long; it was of the same pattern, and, allowing for shrinking of the piece in prosecutor's shop, from damp, the identity was considered proved.)
- AVIS HOSKIN lives in St. Breward, near the prisoner. On the Saturday week before Whitsuntide, she was awake early in the morning, and, about four o'clock, saw two men coming across the moor from the direction of St. Neot, carrying two bundles. The men were SAMUEL ROBERTS (a brother of the prisoner), and a man called LEE. Prisoner was standing outside his door. When the two men came up Samuel Roberts and prisoner went into prisoner's house, carrying in the two bundles. In about half an hour, they came out again, without the bundles. GUILTY, Twelve Months' hard labour.
CHARGES OF ARSON - WILLIAM GEORGE, 41, was charged with having, on the 10th of April, at Newquay, in the parish of St. Columb Minor, maliciously and feloniously set fire to a stack of hay and a stack of straw, the property of ELIAS CUNDY. Mr. HUGHES conducted the prosecution, Mr. COLLIER the defence.
[paper said April, but all dates given following are May]
- ELIAS CUNDY, the prosecutor, stated that he was a maltster, and occupied several fields at Newquay. He also had a stack of hay and a stack of straw in an adjoining field. Saw those stacks safe between three and four o'clock in the afternoon of the 10th of May, and about half-past four or five o'clock, was told by a boy that the stacks were on fire, and on going to them found them nearly burnt down, and a number of people trying to put out the fire.
- ALEXANDER ABRAHAM, jeweler of Falmouth, stated that he went to Sims's public-house, in Newquay, between twelve and one o'clock on the 10th of May, and saw prisoner there from that time till past three o'clock, and heard him saying to some persons there, that he would do something for Cundy before he died, or something in that way. Witness left about half-past three, and in about a quarter of an hour, heard an alarm of fire, and on his going to the spot prisoner came to him and said "You have seen me at Mr. Sims's; I came out here to sleep in the field."
In CROSS-EXAMINATION, this witness stated that the ricks were on an open space, nearly close to which people were in the habit of travelling; there were houses close by, and a very little distance off was a blacksmith's shop. The weather was dry and warm.
- WILLIAM DAVIS, mariner, was walking towards Newquay between four and five, and saw the ricks on fire. Also saw the prisoner coming down over some steps, close by the stacks, leading into the road, towards the southern part of Newquay. The blacksmith's shop is more than fifty yards off from the ricks.
CROSS-EXAMINED: The pathway by the steps leads to Mr. GREGOR's place, and to the cliffs near the town. There was no regular hedge between the stacks and the roadway.
- MARY ANN CLEMENS, a little girl, stated that she lived with her uncle, ELIAS CLEMOW, at Newquay. Recollected the prisoner coming to the house between dinner and tea time on the 10th of May. He asked to light his pipe and took a match from a box on the mantel-piece.
CROSS-EXAMINED: Had seen the children playing about the place by the stacks, and had known them sometimes light little bonfires of straw there. There was a blacksmith's shop close by.
MR. COLLIER then addressed the jury for the defence. He adverted to the open situation of the stacks, and to the want of direct evidence affecting the prisoner, or soncerning the origin of the fire, especially referring to the absence of a material witness - the boy who had informed Mr. Cundy of the fire.
Mr. Collier also characterized the evidence of motive and intention on the part of the prisoner as vague and unsatisfactory, and suggested the probability of the fire having been occasioned by children, or, by the prisoner accidentally, supposing he had gone near the rick to smoke and sleep.
The Learned Judge in summing up, also spoke of the evidence of the prisoner's intention as being most unsatisfactory, observing that the person to whom he spoke should have been called, and not merely the person by whom his conversation was overheard. NOT GUILTY.
JOHN LANE, 20, and WILLIAM WILLIAMS, 16, were charged with having, on the 15th of May,at the parish of Budock, maliciously and feloniously set fire to a stable, the property of ALEXANDER REYNOLDS. MR. COLE conducted the prosecution; the prisoners were undefended.
- ALEXANDER REYNOLDS, the prosecutor, stated that he was a fishmonger, residing at Penryn, and that on the morning of the 15th of May, he discharged the prisoner, Williams, from his employ. Between twelve and one the following night, was alarmed and told that his stable was on fire. He went there and found it was in a blaze; it was entirely burnt down. Next morning, Lane came to him and began to pity him, and said what a bad job it was, and that WILLIAM WILLIAMS was burnt in the ruins. Being much alarmed at such news, he went to make inquiries, and, on going up the street, met Williams, who also said "what a bad job it is that your stables are destroyed." Witness said to him, "where is your cap that I bought for you?" He answered, "on my head." Witness said "how was your cap found in the stable yard?" Then he began to cry, and said, "if you won't hurt me, I'll tell you who did it; Johnny Lane is the one who put the candle to the straw." Witness said "Were you not a very bad boy that you did not call some person to put it out?" He said, Johnny Lane would not go out for water to help to put it out. Witness then gave them both into custody.
- MARY ANN MALLETT, daughter of JOHN MALLETT, butcher of Penryn, on the night of the fire, was at her uncle's house, the Elephant and Castle. Saw both prisoners there between twelve and one o'clock that night. Williams asked her for a candle; and they said they were going to the stables. A little boy then came in with a candle, which they caught out of his hand and lighted at the gas. They then said it would not stay lighted, and asked for some matches, but witness did not give them any. They then went away; Lane carrying the candle, and Williams telling him to put his hand close over it that it might not go out.
- RICHARD WHITE, constable of Penryn, apprehended the prisoners. Williams said that he did not do it, but that it must have been done by Lane; and Lane said that he placed the candle against the wall and went to sleep, and that while he was asleep, the candle must have fallen and caught the straw.
- ALEXANDER REYNOLDS, son of the prosecutor, met Williams between nine and ten on the morning of the 15th of May, and asked him if he had seen his (witness's) father. He said "yes, and he has discharged me;" then he swore, with an oath, that he would serve him out for it. In the evening, between five and six, witness saw him again, and asked him for the keys of the stable and field. Witness got the keys from him, after telling him that he would get a constable if he did not give them up. Witness then swore - I'll be d----d if I don't serve out the whole lot of you."
The prisoners' statements before the committing magistrates were then put in evidence against them. In it they stated that they went to the stables to sleep, and gave rather rambling accounts of the fire, and of their doings in connexion therewith. When called on to address the jury, Williams tried to save himself by asserting that it was Lane who put the candle to the straw. The jury found both GUILTY. A previous conviction for stealing a brass pan was proved against Williams. Williams, Ten Years' transportation; Lane, twelve months' imprisonment.
FRIDAY, JULY 27 (Before Mr. Justice Cresswell)
JOHN DALE, 28, was indicted for assaulting JOHN DREW at Wendron, but no evidence being offered, he was Acquitted.
HIGHWAY ROBBERY - WILLIAM PARSONS, 29, was indicted for assaulting and robbing JAMES JEWELL, using personal violence, and for stealing from his person, in the parish of Boyton, fifteen sovereigns, fifteen half-sovereigns, and other money. Mr. Rowe conducted the prosecution, and called:
- JAMES JEWELL, who said he as a regrater, and travelled from Launcells to Plymouth. On the morning of the 24th of June, he was returning with his covered waggon from Launceston, going on the highway towards Stratton. At about a quarter of a mile from a farm called Darrscott, he lost his whip, and got out of the waggon to recover it. This was between one and two o'clock on Sunday morning. It was a tolerable light, but not moonlight; it was, however, so good a light, that he could discern prisoner when he jumped out, the man being at the tail of the waggon. Prosecutor said "hallo!" on which prisoner gave him a violent blow with a stick, and attempted to strike a second time, but prosecutor caught him by the collar, and they struggled together for some minutes. The prisoner at last grounded him, and got him in the "water table" on his back, with his knee on prosecutor's breast.
Prosecutor then said to him, "I know thee," prisoner having travelled in his waggon about five weeks before. Prisoner then took two purses (one in the other) from prosecutor's trowsers pocket. Prosecutor resisted as well as he could, and scratched prisoner's face. He also seized prisoner, and broke out his brace and his shirt. Prisoner, after getting possession of the purses, got up and ran away. There were in the purses, twenty-two sovereigns in gold, one five-pound note of the East Cornwall bank, and between three and four pounds' worth of silver. Prosecutor went to a neighbouring house, (the cottage of MARY PARNALL) for assistance. On the
same Sunday he went with GODDARD, a policeman, to a farm-house called Worden, where they found prisoner sitting in the window. Goddard asked him how he got those scratches on his face; he said the child did it in bed that morning. Goddard ordered him to come outside the table that he might see him; and then put the handcuffs on him. Prosecutor said, "those are my scratches, not the child's,"
Goddard, prosecutor, and Mr. Matthews, who lives at the house, then went up stairs, where Matthews pointed out a bed, in which prisoner's shirt was found, between the bed-tie and sacking the shirt being much torn in front. Amongst the silver stolen was a crooked sixpence, which prosecutor had had about four months, and which on being produced he now identified. He also swore that the prisoner was the man who attacked him.
- SAMUEL GODDARD, policeman at Stratton, who apprehended prisoner at Worden, said he asked him what money he had, to which prisoner replied between four and five pounds; Goddard, on searching him, found five sovereigns and GBP 1 14s. 5d. in silver. Witness corroborated some particulars stated by prosecutor, and deposed to having received two purses and a five pound note of the stolen property which had been recovered. On the 11th of July, he received a paper from HENRY MATTHEWS, and in consequence of what was stated in it, he searched in the stable at Worden over the rack in the manger, where was found a purse containing GBP 9 in gold, and GBP 2 11s. in silver, amongst which was a crooked sixpence.
- THOMAS HENRY DUNGEY, son of the principal warder in Bodmin gaol, said he wrote a paper at prisoner's request, after he had been placed in the gaol, and addressed it at his request to Mr. Matthews, at Worden farm, Bridgerule. The letter was as follows: "My dear Sir, - I should wish you to come down on Monday the 23rd of this month, as you will be able to see me on the Tuesday, and arrange matters to get a counsellor for me. Look up over the rack, and there you will find a little parcel; please to take it down, and bring it with you, as I shall want it."
- HENRY MATTHEWS, farmer, Worden, Bridgerule, said prisoner had been staying at his house but left him on Saturday the 16th of June, and returned on Sunday morning, the 24th of June, before witness was up. Prisoner went to the bed where he used to sleep, and afterwards told witness he had had a hard job to get the money for the hay sold to Mr. DYMOND.
Prisoner also asked for a shirt to put on whilst his own was washing; no man had slept in the bed where the shirt was found under the tie, for some time before the prisoner slept there. It further appeared that a button and part of a brace buckle were picked up by parties on the spot where the robbery was committed, which were found to correspond with the buttons of prisoner's shoes, found under the bed-tie, and with prisoner's brace produced by policeman Goddard. A man called STANTON, living at Darracott, also deposed that a boy, who was going with him across the fields leading from Launceston highway to Darracott, picked up two purses and afterwards a bank-note; and the purses being produced, were identified by prosecutor as his property.
- ROBERT WESTLAKE, living at Boyton, saw prisoner behind Jewell's waggon on the night of the robbery, and afterwards walked some distance with him; prisoner turned into a lane, which led to some fields, and thence to the high road where Jewell had to pass; prisoner had then a stick.
- On being asked by the Judge whether he had anything to say in his defence, prisoner admitted that he was the person who interrupted Jewell, but said he was not the only one, there was another person with him. The jury, without hesitation, found prisoner GUILTY of ROBBING, WITH VIOLENCE; and the Judge sentenced him to be Transported for Ten Years.
BURGLARY - RICHARD TIPPETT, 24, was indicted for having burglariously broken and entered the dwelling-house of WILLIAM OLVER, and for stealing
a quantity of spirits, pair of boots, and other articles. MR. ROGERS, for the prosecution, called:
- MARY OLVER, who deposed her husband was an innkeeper at St. Columb Major. Before going to bed on the night of the 28th of May, she fastened
the doors, and the kitchen window was secured with a "skiver."
- WILLIAM HENRY VINCENT said he slept in prosecutor's house on the 28th of May; came down stairs about five o'clock on the morning of the 29th;
observed the outer door of the house open.
- WILLIAM OLVER, innkeeper, came down stairs about half-past five on the morning of 29th of May, and found four bottles of spirit had been taken
from the cupboard in the bar; about five quarts of best brandy had also been taken from a two-gallon jar; afterwards observed the kitchen window had
been pulled down and an entrance effected into the house.
- JOHN OLVER, son of the last witness, deposed that on the morning of the 29th of May, he found his boots had been stolen from the top of the stairs.
- JAMES GILES, of Castle Downs, in the parish of St. Columb, said prisoner was at his house shortly after four in the morning of the 29th of May;
prisoner had a bottle, from which he gave witness some gin and peppermint. Afterwards saw prisoner on the road towards Roche, having a jar and
bundle on his back and a basket on his arm; he said he had come from St Columb. Witness asked where he had the spirit from, and prisoner mentioned
the name of a person of whom witness had never heard before.
- SAMUEL CURTIS, of Roche, saw prisoner about five o'clock in the morning of the 29th of May, lying on the road near Roche, fast asleep; behind
him was a jar of brandy and a bundle, tied together; before him was a basket containing three bottles, one of rum, and two wine bottles containing
either gin or peppermint. Witness aroused him, and asked him where he obtained the spirit? He said of MR. BEST, of St. Columb.
- POLICEMAN COOME, of St. Columb, said he apprehended prisoner, and told him he was charged with burglariously breaking into the Seven Stars Inn,
at St. Columb, and stealing from the house. He denied it. The policeman took boots from the prisoner; also found a bottle and jar at a lodging-
house. Prosecutor identified the bottle and the jar. Curtis identified the jar as that which he had seen by prisoner when asleep on the road; and
John Olver said the boots were those which had been stolen from him.
- Prisoner told the jury he found the things on the Gorse Moors, in a furze bush. Verdict, GUILTY.
The learned Judge said there was no doubt the prisoner was led to commit the offence by a passion to drink; it was astonishing how many were led
into crime by a love of intoxicating liquors. Twelve Months' Hard Labour.
CHARGE OF MANSLAUGHTER - RICHARD RICKARD, 26, was indicted for feloniously killing and slaying JACOB WATERS. He was also charged with the same
offence on the coroner's inquisiton. Mr. HUGHES prosecuted, and called:
- JOSEPH HODGE, who deposed that he was an innkeeper at Calstock. On Monday the 2nd of April, prisoner was at his house, having come there about
half-past seven in the evening. He had some beer to drink. Waters had come in about four o'clock, and some conversation took place between Waters
and prisoner about work. Waters said a certain man was the best he knew for work. Prisoner said he dare say there were as good as he was for work.
Waters asked if he thought himself as good a man. Prisoner said he did not think he was. Waters then rose up and asked prisoner to fight him.
Prisoner said he did not come there to fight, but to have a glass of beer. Soon after prisoner rose up to pour out some beer, and Waters got up and
struck him, saying "d--n your eyes I'll make you fight."
They had some little sort of "scruff", and both fell on the floor. They were quickly got up again, and witness went between them, denied their fighting, and said if they would fight they must go outside the door. Waters went out, and was advised not to fight, but would do so. They both got off their clothes, and when just ready, prisoner asked, "what are we going to fight for." Waters said he did not know. Prisoner said "we are going to fight to please other people," and he did not wish to fight. Waters said he would fight two or three rounds as he was cold, and wanted then to go in and have something more to drink. They began fighting, and at the third round Waters was pitched on his head.
They were holding together, and he called out and said his neck was broken, he could not fight any more. He was taken inside, and MR. NORTHY, of Tavistock, surgeon, was sent for. Prisoner remained at the house for the night. Before his death Waters said he laid no blame to anybody,
it was his own fault.
- WILLIAM C. NORTHEY, surgeon, found Waters suffering from paralysis of the arms and legs, which arose from effusion of blood on the upper part of the
spinal marrow, produced by a rupture of one of the spinal vessels, the remote cause of death being partial dislocation of the vertebrae, which would
be occasioned by a fall.
Prisoner, in defence, told the jury he did not wish to fight, but Waters forced him to do so.
The learned Judge, in summing up, said this was a very unfortunate case; but, there was no doubt, however improperly the other man behaved, that the
prisoner allowed himself to be provoked into fighting. Fighting was an unlawful thing, and death being occasioned in the struggle that took place, in
law the prisoner was guilty of manslaughter, and he could not suggest to the jury any ground on which they could acquit him of that.
After deliberating a minute or two, the jury, to the surprise of the Court, gave a verdict of Not Guilty.
The Judge - May I ask gentlemen, on what ground do you find him not guilty?
Foreman - Because of the provocation.
Judge - The provocation is not a reason for saying "not guilty." I told you, as a matter of law, the provocation does not alter the crime, though it
may alter the quality of it very much. You have made a great mistake; you should have acted on the law, as I stated it to you. It would have made very
little difference to him, as his punishment would have been a very light one; and it would have been better on your part.
The prisoner was then discharged.
CHARGE OF MANSLAUGHTER NEAR LISKEARD - JOHN CRAGO, 50, was indicted with feloniously killing and slaying RICHARD BRYANT, in the parish of Liskeard.
All the witnesses excepting the medical man and deceased's daughter were ordered to leave the court until called on. Mr. COLERIDGE conducted the
prosecution, and Mr. COLE and MR. FITZGERALD defended the prisoner.
After briefly opening the case, Mr. Coleridge called the following witnesses:
- GEORGE BLEWETT deposed - I am a blacksmith, and live at West Taphouse. On Saturday, the 21st of July, I left Liskeard something before half-past
nine at night, and overtook a cart about half a mile from that town. Richard Bryant, the deceased, was in the cart; he was apparently drowsy and
somewhat tipsy. I and my brother went on with cart, which was stopped when we overtook it. We went on as far as the public-house kept by the
prisoner, and asked him to take Richard Bryant in. Prisoner said he should not; if he got tipsy there was a place to take him in. At last we
took him out of the cart, and he was taken in and laid in the house, he was almost incapable of standing, and was placed on the settle in the kitchen.
Prisoner was apparently a little tipsy, and seemed in a very great rage.
CROSS-EXAMINED: Prisoner said the place where he got drunk was the place to take him to.
- WILLIAM YEO, a labourer at St. Neot, on the day in question was going from Liskeard between nine and ten at night. Overtook the preceding witness
and other parties, and went to Crago's public house. Crago said he was not bound to take in every drunken man. After Bryant had been placed in the
settle about ten minutes, he slipped down on the floor, and lay there about ten minutes. Prisoner then gave him some stripes with a whip, to rouse him up. The man got up, seemed in a rage, and made towards the landlord to catch hold of him by the collar. Crago then caught hold of him, and put him down in the chair. In a few minutes after, Crago took him and put him out of the kitchen. I saw no more of him till I was going home. He was then in the parlour lying on his back on something, and seemed as if he was asleep.
- JOHN MAY, a tailor at St. Neot - [was on the road from Liskeard to St. Neot, and joined the others with the cart to Crago's house. Crago objected to
take him in. After Crago cut Bryant with the whip, he stood up and went towards the landlord. I afterwards saw deceased in the parlour, lying on his
back, apparently sleeping.
- THOMAS PHILP, a labourer, lives about half a mile from Crago's public house. Was at the house when the parties came there with Bryant, and helped him into the kitchen. Crago afterwards carried him out to the passage with his arm under deceased's arm lifting him; he got him as far as the door, and the man fell with a very heavy fall. I followed towards the door, and saw the man fall from the second step, but by what means I cannot say. I did not
go to his assistance; saw him afterwards on the ground outside the door.
CROSS-EXAMINED: The steps outside are two granite steps; he fell from the bottom one, which is about six inches from the ground; the road shelves down
from the step, and the man fell downwards on his face and head. When he fell from the second step, the landlord was standing by the first step at the
"dern" of the door.
RE-EXAMINED: The road slopes outside very little.
- WILLIAM WALKEM, a blacksmith living about a mile from Crago's public-house; was passing that house when I heard a scuffle; I heard the man fall, and when I came down he was lying with his face towards the ground. I and a young man named DEACON, went and shook him, but he was unable to speak, or scarcely to move. I went into the public-house, no one being then in the passage. I afterwards went out again, and Crago also came out; we took the man into the house, and as we were doing so, the landlord said "we don't want any such blackguards as you here." Deacon had previously got a light from another house, in order to look at the man. When taken into the house, the man was in the same helpless state, and was put to bed. When I saw him lying down; he was bleeding from the nose, and the blood was also over his mouth. Crago was under the influence of liquor.
- JENEFER ROBERTS, a married woman living opposite Crago's public-house, was standing at the corner about ten o'clock, and heard a bustle in the passage of the public-house; saw the two men come to the door-way, and saw deceased fall. Crago was then inside on the step, and said he was not to come into his house any more that night. When the man fell, he groaned, but did not speak.
- JOHN DEACON, a carpenter at Dubwalls, was passing Crago's public-house about ten o'clock on the Saturday night; heard a scuffle between two men, and
heard the words "go to door you blackguard,we don't want any such men as you here." I heard a fall, and on going to see what it was, I saw a man on the
ground bleeding very much. Walkem went in, and I took the man up. Saw Crago, who said "he struck me here (putting his hand to the side of his nose)
that was what I threw him to doors for." I told Crago he must take the man in, for he was dying, on which he said, "I'll pull his guts out, I'll twick
his head off," and swore to it. I said "it won't do to let the man lie here; I insist on it you must take him into the public-house." I went for a
light, and afterwards Crago assisted me and Walkem to take him in.
CROSS-EXAMINED: Deceased was a stout, hale man, but not very tall. Crago seemed to be affected with liquor.
- JOHN HODGE LAWRENCE, surgeon at Liskeard, deposed that on Sunday mnorning, the 22nd of June, I was called to attend deceased; went to prisoner's
house, and found deceased in a state of complete insensibility, resulting from pressure on the brain, of which he had all the symptoms. I bled him
and examined his head. On the top of the head there was a very slight abrasion, and over the nose a slight abrasion; the left eye was very much
discoloured, and there were contusions around the eye. [Since deceased's death, made a post mortem and found the brain was congested, with serous
effusion on the ventricles.] There was nothing on the back part of the head; I found a fracture on the front part of the base of the skull, extending
from the left to the back part of the orbit of the right eye, a fracture of about three inches. That might have been produced by a blow, or by a fall.
This being the evidence for the prosecution, Mr. COLE submitted that there was no case to go to the jury, as there was no proof of any act done by
the prisoner, by which he threw, or cast, or struck deceased to the ground, as stated in the indictment. The learned Judge, however, thought it was
a case for the jury, and Mr. Cole then proceeded to address them in the prisoner's defence. He said the landlord was bound to keep his house orderly
and was justified in using all necessary force to put a drunken man out. In this case Bryant was a strong, hale man, and prisoner an old man;
consequently, was not likely to pick a quarrel with him. There was no evidence that force was used in putting Bryant out; the landlord was said to have
only put his hand under his arm, and lifted him. The probability was that the drunken man, when put to the step, missed his footing and fell without
any push or blow, for if there had been any, the men behind must have seen it. But even if prisoner used force, it no more than was necessary to put
him out, he was not answerable for the result of an accident, he was not guilty of manslaughter.
He should now call witnesses to show that the prisoner was a quiet, peaceable, and well-educated man, and not likely to be violent towards another. To give evidence to this effect, he then called JOHN LYNE, Moorswater Lodge, near Liskeard, county magistrate, PHILIP LYNE, brother of the last witness, JAMES CLYMO, a magistrate of Liskeard, WILLIAM MURRAY, sheriff's officer, and for many years constable at Liskeard, JAMES JAGO, town clerk of Liskeard, MARK WILCOCKS, blacksmith, living near prisoner's house, and JOHN DAWE, a constable of Liskeard.
The learned JUDGE, in summing up, told the jury that in order to find that death was occasioned in the progress of doing some unlawful act, or that he was doing a lawful act in an unlawful manner. The landlord was not bound to take a drunken man into his house, and if, when the man fell from the settle, the landlord had taken him up and carried him out, nobody would have said he was not justified in so doing. But he did not adopt that course; he took a whip and struck him. Now a great deal would depend on the nature of the blow given, and on what followed. It was said that the man got up and rushed at Crago to take him by the collar; and that would justify Crago in using as much violence as was necessary to put him out, unless Crago brought the assault on himself. The question then was, did he ill-use the man in the house so as to justify an assault from him? But even if he did, he would not be answerable for the man's death, unless when he took him to the door, he pushe!
d him out. Now it was not brought home to the prisoner that he used
force to make the man fall from the step, and the jury would have to judge of that. ... The jury, after shortly deliberating, returned a verdict of NOT
GUILTY.
CHARLES WILLIAMS, 17, was found GUILTY of stealing two pairs of shoes, the property of his master, THOMAS COLENSO, of Redruth. Six months hard labour.
THIMBLE-RIGGING - ROBERT SPRY REED, 30, and ISAAC CUMMING, 30, were charged with stealing, at Truro, a sovereign and a half a sovereign, the property
of LUKE WARNE MITCHELL. Prosecutor is a miner, and on the 19th of May, being at Truro, he met the prisoner, Cumming, in Boscawen Street. Cumming got
into a conversation with him about the front of Mr. PARKYN's shop, and afterwards told prosecutor he had commenced business in Truro as a farrier. He
asked prosecutor to distribute some circulars for him in the country. (One of those circulars or bills was produced in court; it stated that MR.Cumming
had just commenced business at the High Cross, Truro, and that he would cure all sorts of cattle diseases, which were named, on the condition of no cure, no pay.) After this Cumming asked Mitchell to take a glass of beer with him, and they went to the Golden Lion, in Calenick Street, where they had some beer. Reed (the other prisoner,) a man called SMITH (who was subsequently committed but escaped from custody) and other men came in. Smith placed on the table three thimbles and a ball, and said he could show the devil. (Laughter.) Smith and the two prisoners appeared to be acquainted. The parties proceeded to play with the thimbles and ball, for money, and prosecutor being urged on by the prisoner, Reed, waged 30s. with Cumming, and of course lost the money, the stakes having been previously placed in Smith's hands.
THE JUDGE: Did you expect to win the 30s. of the other man?
PROSECUTOR: Yes, I thought I should win.
JUDGE: And if you had, you would have carried off the money?
PROSECUTOR: Yes, I suppose I should.
JUDGE: No doubt you would; did you object at the time to Smith handing over your money to Cumming?
PROSECUTOR: No, sir.
On this, Mr. COLLIER, for the defence, submitted that there was no case to go to the jury, to which Mr. COLE, on the other side, replied. The learned
Judge retired to consult with Mr. Justice Williams on the point, and on his return into court he said: I am very unwilling in this case to hold that this is not a felony, if I could be at all justified by the opinion of my brother Williams in holding differently. For there is no doubt that these people have been guilty of a gross fraud, and deserve punishment; but he agrees with me that a case of felony has not been made out in this instance, and that the case is more like KING v NICHOLSON, than the case of ROBSON and others. And he points me to this distinction; there was an absence in the case of Robson of evidence that the party prosecuting was a consenting party to the money being handed over, and probably the case turned on that.
... The prisoners must, therefore, be acquitted, for which I am sorry, as they deserve punishment in some way or other. Verdict of ACQUITTAL was then given, and another indictment against the same prisoners for stealing in the same way the money of a man called DUNSTONE was abandoned.
ASSAULT ON A CONSTABLE - RICHARD RIPPER, 23, JOSEPH RIPPER, 27, JOHN RIPPER, and PHILIP RIPPER were indicted for having assaulted NICHOLAS ANDREW whilst in the execution of his duty as one of the constables of the parish of Stithians. [Nicholas Andrew was at the Half-Moon public-house, in Stithians Church-town, at about half-past nine in the evening of the 16th of July. Went there to apprehend Richard Ripper for absconding from his wife; had a warrant for that purpose. Found him upstairs with ten or twenty others, sitting down with a fiddle in his hand, it being feat-time, and the parties there dancing. Ripper went towards the door, when witness put his hand on his shoulder and told him he was his prisoner. Richard Ripper said he knew what it was for, and would go with them. They walked down stairs; thought to have put him into the bar, but he would not go; said he wanted to go out, and they went with him.]
He got a short distance from them, and ran off; they pursued and caught him, on which he began to pull them about. Witness had his staff in his hand. Richard Ripper's brothers came out, and also his father, who wanted them to let him go, and said he would give GBP 50 bail for him. Richard cried out to be rescued, and witness saw Joseph Ripper take up a stone, with which he struck Martin, the other constable, on the side of his head. Martin said "I'm killed," and fell away, but did not fall from his legs. The blood ran down over Martin's jacket. Richard Ripper's father still had prisoner round the waist, and prisoner said to witness "d--n you, let me go, or I'll send you to hell in a minute." He struck witness in the breast, and witness struck him with the staff, upon which the prisoner struck him again.
Philip RIPPER, another prisoner, then caught hold of witness and tore the buttons off his waistcoat. Witness also received a blow on his face from a stone. The man who struck him that blow ran up the hill. Witness said "you have cut my face," and the blood ran down over the front of his shirt. Witness then saw HENRY SKEWES, a farmer in the parish, and called for his assistance; he came, and took hold of prisoner by his right arm, witness still holding him by the left, and they went with him to the Seven Stars Inn, at Stithians church-town. He there said to Richard Ripper "you struck me twice," Prisoner said that if had not been for the law, he would have killed both of them.
CROSS-EXAMINED by MR. COLLIER: He felt fear at the time he was struck by Richard Ripper, but not passion. He struck Ripper with the bat to quash his
passion, and to cool him; he give him a gentle little easy tap with the bat. (Laughter)
- MICHAEL MARTIN, a constable of Stithians, said he received a very heavy blow from the stone in the course of the scuffle; the sensation was as if his
head was all full of fire and light; it was Joseph Ripper that struck him.
- Other witnesses were called to show that the rest of the prisoners also took part in the fray, and that it was John Ripper who struck the constable Andrew.
MR. COLLIER, for the defence, took an objection to the warrant held by the constable; but the learned Judge held that though in some measure irregular, it was a sufficient protection to the officer. For the prisoner, a number of witnesses were called, who swore that they were not concerned in the fray, with the exception of Richard Ripper; that in fact they were not present at it. The learned Judge remarked at some length on the points of this conflicting testimony, and the jury found all the prisoners GUILTY. There was another indictment against the prisoner for assaulting the constable Martin, but no evidence was offered on it. Each prisoner was sentenced to Six Weeks' Imprisonment, and at the expiration of that time to give sureties for good behaviour for twelve months, himself in GBP 50, and two sureties in GBP 25 each.
The Grand Jury were discharged about half-past ten o'clock this day, the learned Judge thanking them, in the name of the county, for their service.
Assizes
SATURDAY, JULY 28
The court was occupied for some hours with the hearing of cases of an indecent character.
RICHARD MORNINGTON, 16, was charged with having, on the 15th of June, at the parish of St. Blazey, feloniously committed a crime against the order of nature. The prosecution was conducted by Mr. COLLIER; the defence by MR. BEVAN. An attempt to shew that the charge was fabricated by the principal
witness, THOMAS LONGDON, a smelter at Par, out of revenge in consequence of a quarrel with prisoner's brother, completely failed. The prisoner was found GUILTY, but recommended to mercy on account of his youth. DEATH recorded.
EDWARD TREGENZER, 29, was indicted for having, at the borough of Truro, on the 23rd of May, carnally known MARGARET SUTTON, a girl under ten years of age. Another count charged him with attempting to carnally know and abuse her; and a third count charged common assault. Mr. STOKE for the defence.
The offense charged was alleged to have been committed in a lane adjoining Dunstan's field, near the leat, one afternoon in May, in the week before Whitsun-fair, and in the presence of another little girl named ELIZABETH JANE HOBBS, whom it was stated the prisoner held by her clothes. The only witnesses in support of the charge were the two little girls whom we have named; and their evidence was full of most extraordinary statements, and also, as appeared on cross-examination, of discrepancies and inconsistencies in almost every incident but those immediately connected with the offence charged. It was also shown that no complaint of the offence charged was made before the 18th of June.
For the defence, Mr. Stock pointed out the numerous discrepancies in the statements of the two girls; and young as they were, one a little more than nine years, and the other twelve, the learned advocate felt justified in resting the defence of his client on the presumption of wilful falsehoods concocted by them, their evidence, though pretty complete as regarded the main fact of the offence charged, being full of inconsistencies and discrepancies on other points. The learned Counsel called no witnesses besides the following to character: - JAMES OATES, builder; JOHN SEALY, formerly under-bailiff of the Truro County Court; and THOMAS DUNSTAN, grocer; all of whom gave the prisoner an excellent character for decent and moral conduct. On of them, Mr. Oates, said" "A better character young man the town of Truro cannot produce." On which, the Judge asked somewhat facetiously, whether that meant a GOOD character? Mr. Oates replied " a capital one". The jury found a verdict of NOT GUILTY.
A man of Truro, named ROWE, on hearing the verdict, made some hasty and violent observations, apparently in disapproval of some part of the proceedings. It disturbed the Court, and the Judge threatened to commit the disturber, who, however, quietly and quickly escaqped at the door near which he was standing.
There was another indictment against the prisoner, for having on the 23rd of May, unlawfully assaulted EDLIZABETH JANE HOBBS, a girl under the age of twelve years. Mr. COLLIER said that, after the evidence on the previous charge, he felt it his duty not to offer evidenfe on the present charge. The Judge said that, having read the depositions, he thought there could be no necessity for so doing. The jury, by his lordship's direction, returned a verdict of ACQUITTAL.
JOHN CHIRGWIN, 21, was charged with assaulting and ill-treating LOVEDAY EDWARDS, on the 28th day of May, in the parish of Sancreed. MR. FITZGERALD conducted the prosecution; Mr. ROWE the defence.
The prosecutrix in this case was a woman of very damaged character; but the assault charged in the present indictment was of a most revolting and aggravated description. There appeared to be no doubt that she was, in truth, most cruelly and disgustingly ill-used, in the evening of Sancreed fair-day, by a large party of young men - mostly miners. As against the prisoner, however, on the present charge, there was a failure of proof of identity, and he received a very good character from Mr. STEPHEN HARVEY JAMES, of St. Just, and from CAPT. HENRY TAYLOR. NOT GUILTY.
ELIZABETH MOYLE, an aged woman, was found GUILTY of keeping a brothel, in the parish of St. Gluvias, and was sentenced to FOUR MONTHS' hard labour.
This concluded the criminal business fo the assizes, the following being ignored: JOHN CORNISH, for arson at Liskeard;
JAMES DUNNIVAN,stealing a poker, at Penryn;
HANNAH VENNARD, MARY ANN WILLIAMS, and DINAH WILLIAMS, for the murder of an infant child in the parish of St. Cleer;
ROBERT HARVEY, stabbing and wounding JAMES POTTER with intent to murder him, on board the "Marchioness of Ailsa".
NISI PRIUS
BOLTON v LAWRY - Mr. MONTAGUE SMITH for plaintiff, stated that this was an action by MR. THOMAS BOLTON, as assignee of the estate and effects of MR. THOMAS ELLIS, an insolvent. It appeared that the defendant, MR. THOMAS LAWRY, rented an estate called Carfury, in the parish of Gulval, of Mr. ELLIS. The tenancy having terminated, he rented of Mr. Ellis, under another agreement, commencing at Michaelmas, 1842, a house, sheds, and three fields, at GBP 20 a year. He occupied those premises until Michaelmas, 1843, when under a new agreement he gave up part of the occupation, and rented the remainder at GBP 6 a year.
Mr. Ellis having become insolvent, the action was brought by the assignee to recover one year's rent previously to Michaelmas, 1843, namely GBP 20, and five and a half years' rent from Michaelmas 1843 to Lady Day, 1849, at GBP 6 a year, GBP 33; and the sum of GBP 2.14s., which Mr. Ellis, before his insolvency, had loaned to Mr. Lawry. Mr. Ellis, who lives in Penzance, was called to prove the above facts, and the action being undefended, a verdict was given for plaintiff for GBP55.14s. On the application of Mr. Smith, the Judge granted immediate execution.
MOONE v MARTYN - This was also an undefended action. MR. CARPENTER ROWE said the plaintiff was MR. NICHOLAS MOONE, a surgeon at Callington, and the defendant was Mr. EDWARD MARTYN, a farmer at Altarnun. Plaintiff had advanced to defendant GBP 200 on a mortgage, with interest at five percent, to be paid on the principal. The principal had never been paid, and there was interest due from the 12th of November, 1845, the date of the deed; altogether the amount claimed was GBP 227. ISAAC COUCH, one of the attesting witnesses to the deed, was called to prove its execution, and the jury gave plaintiff a verdict for GBP 227, and 1s. damages. MR. ROWE applied for speedy execution, and the Judge said he would grant it in a week; but Mr. Rowe having represented that defendant's goods had already been advertised, and partly sold, the learned Judge granted execution in five days.
DOE dem. THOMAS and OTHERS v. BINNEY and ANOTHER - MR. CROWDER and MR. M. SMITH for the plaintiffs; MR. HUGHES for the defendants. This was an action with the view of ejecting GRACE and RICHARD BINNEY from a cottage and garden, which was alleged to be part of a tenement called Carthews, in Engollan, in the parish of St. Eval. It appeared that in 1783, the tenement in question was leased by JOHN RASHLEIGH to RICHARD BINNEY, sen., for ninety-nine years, determinable on three lives. The tenement had passed by assignments from John Rashleigh to other parties, and MARIA THOMAS, one of the plaintiffs, was a lessor of the property.
Of the three lives on which the lease was granted to Richard Binney, sen., the last expired in 1848, and the tenement reverted to the party entitled. It appeared, however, that Richard Binney's sons had built a cottage and had a small garden attached, which was kept in possession when the tenement was given up, and which the present action was brought to recover, alleging that the house and garden was situate on the property originally leased to Richard Binney, sen.
CHARLES HICKS deposed that the cottage in question and the garden was built in the corner of one of the fields of the tenement, while it was in the occupation of WILLIM BINNEY. The hedge of the field was taken down, and all the inner portion of the cortage was built in the field; should think no part was built on the high road. The Judge remarked that if the cottage was built under the lease, and a piece of the high road had been encroached on, the gain, if made at all, must be for the benefit of the landlord. Mr. HUGHES, for the defence, having no answer to the action besides that the cottage was built on a waste gained by an encroachment, the jury were directed by the Court to find a verdict for the plaintiff.
TYACKE and OTHERS v. RICHARDS - Mr. CROWDER and MR. M. SMITH for the plaintiff; MR. COCKBURN and MR. SMIRKE for the defendant. The action was brought by plaintiffs as partners of the firm of Cornish and Borlase, merchants, to recover GBP 936 17s.11d. for supplies for Wheal Ann, that sum including the cost of supplies, and interest on the debt.
FRANCIS JOHNS, being called, stated that he was cashier to plaintiffs, who were merchants at Gweek, in this county, and supplied mines with timber. MR. HENRY BORLASE, (deceased), was formerly a partner of the firm. Plaintiffs had supplied Wheal Ann for many years during the life time of MR. THOMAS TEAGUE, who died in 1839. Mr. Richards, the defendant, carried on the mine after Mr. Teague's death, and the amount due to plaintiffs for supplies to the end of 1840 was GBP 1242 13s.1d.
In 1841 witness saw Captain RICHARDS, the defendant, at Tresavean mine, and said he had been requested to call on him for payment of the account due to Wheal Ann. Defendant said he had not the money, and if there was further indulgence granted, of course he must pay interest. Witness was not certain that the amount of the balance was then stated, but it was arranged between them that the interest should be paid from the end of December, 1839, after allowing for payments made in 1840, and that balance witness subsequently ascertained to be GBP 764.13s.11d. After that plaintiffs went on to supply materials for the mine to a considerable extent; witness frequently called on Captain Richards on the subject of the account, and never heard him object to the interest account but once, when he said it was very well to get the debt, without the interest, in these times. The mine was afterwards sold to MR. MICHELL, who paid to plaintiffs two sums of GBP 200 and GBP 500 in part liquidation of their claim. The balance due to plaintiffs in October, 1844, without interest, was GBP 1307.17s.5d., from which, deducting the GBP 700 paid, there remained GBP 607.17s.5d. The interest on the GBP 764.13s.11d., from the 1st of January, 1840, to November, 1845, five years and eleven months, was GBP 206.4s.3d., and the interest on the same amount for the three following years, down to April, 1849, was GBP 102.16s.3d., making altogether with the GBP 607 odd debt, the sum claimed by plaintiffs.
MR. RICHARD MICHELL deposed that Captain Teague held 150-320ths of the shares in Wheal Ann, the remaining shares being held by other parties.
Some argument then took place between the counsel on both sides, which the learned Judge afterwards reviewed in the following terms: Plaintiffs on the one hand stated that the interest account was a separate matter from the general current account. Now if there had been only a current account, with no interest, the case would have been a very simple one; there would have been a debt of GBP 607,.17s5d. due to plaintiffs, clear of the debt incurred in the lifetime of Mr. Teague, and free from the objection that part of the items were more than six years old when the action was brought. But the difficulty was that in order to claim interest had been kept alive by plaintiffs, which was inconsistent with the ordinary rule of law, that payments must be appropriated to the earlier part of an account; and the question was how he could reserve this point in the most convenient form.
MR. COCKBURN had contended that the agreement by defendant to pay interest from the end of 1839 was void by the statute of frauds, by which an executor could only be made personally liable for the debts of a testator by a special agreement in writing; and as the action had not been brought against Captain RICHARDs as executor of Captain TEAGUE, but against defendant personally, he was justified in taking every advantage that the law would allow him.
The Judge also remarked that as he thought the agreement spoken of had reference partially to the satisfaction of the debt due from Captain Teague, it was necessary to be in writing (see Williams v Thomas) of which there was no evidence in the present case; the agreement was therefore void. And with reference to the count for "an account stated" he thought it would be best to give the plaintiffs leave to move on that point. A verdict was then given for plaintiffs for GBP 607.17s.5d., with leave to defendant to move for a nonsuit; and to plaintiffs to move to increase damages by such an amount of interest as they might think fit.
KEAST v. MASON - MR. CROWDER, Mr. TAPRELL, and MR. PETERS for the plaintiff; Mr. Serjeant KINGLAKE, and Mr. M. SMITH for the defendant. Mr. Peter having opened the pleadings, Mr. Crowder stated the case.
The plaintiff, Mr. JOHN KEAST, was a farmer in the occupation of a tenement called Nanteague, in the parish of St. Allen; and in virtue of that occupation he claimed a right to pasture his cattle on Allett Down, in the adjoining parish of Kenwyn; in consequence of the same occupation he also claimed a right to burbary, or to cut turf on the common. But for some time past a system had been in progress of inclosing the common, so that now there was but a small portion of it left.
The defendant, Mr. GEORGE MASON, had not long ago been put in possession of one of these new enclosures by Lord FALMOUTH, one of the lords of the manor, the other lord being Lord GALWAY. Plaintiff alleged that his rights had been invaded by the putting up of fences and forming this inclosure, to which defendant pleaded that the lords of the manor had the right to take in, from time to time, any portion they pleased, providing they left sufficient pasture for those who had a right to the common. He should, however, shew that they had not left sufficient pasture for those who had the right in Allett Common. Defendant had also pleaded that plaintiff had no right to the common, but he should prove that for the last fifty years, the occupants of Nanteague, and of other tenements in the vicinity, had turned out their cattle to pasture there without the slightest interruption.
It was said that there was a custom by which the lords could improve as against the rights of turbary; but this plaintiff denied, and such a custom, if it existed, was to be regarded with jealousy. He might also mention that the agent of Lord Falmouth, in 1837, arranged that there should be no inclosure to the north of an imaginary line, but they had now gone beyond that line, and though he did not say there was anything binding in this, it went to show that a sufficiency of pasture had not now been left. He then called WILLIAM HATTEN and WILLIAM MATTHEWS, labourers, who had assisted in inclosing about thirty acres of land on the common, which were now occupied by defendant. There was another smaller new inclosure, not belonging to George Mason.
JOHN BROWN said his uncle, who formerly occupied Nanteague, used to keep his cattle and sheep on Allett Down. The occupants of the manors of Ventongimps and Tresawson kept cattle there forty years ago. There was never any denial that witness was acquainted with, and those who turned out cattle also took turf. About thirty-four years ago, fences were put up, and broken down again by direction of MR. THOMAS, of Chiverton, the owner of Nanteague.
CROSS-EXAMINED: There was a waste called Four Burrows adjoining Allett Down, and the cattle sometimes passed from one to the other.
PAUL CLARK, aged 76, had known turf cut on Allett Down by the occupier of Nanteague, sixty years ago; recollected persons making inclosures many years ago; could remember when there was no inclosure; the farmers around turned their cattle and sheep there.
The Court then rose.
FRIDAY JULY 27
KEAST V MASON - This case was resumed this morning, and occupied the court throughout the day WILLIAM INCH, JOHN HOSKIN, Ventongimps, ROBERT SYMONS, surveyor, RICHARD MUGFUR, JOHN ROBINS, Treworder, PAUL CLARK, Tresawson, and JOHN ROWE, gave evidence as to the number of cattle formerly pastured on the commons, and as to the right to [regard?] it as a turbary, and J.N.R. MILLETT, solicitor, gave evidence as to what took place at a meeting on Allett Common in 1837, at which Mr. HODGE and MR. H.... (Lord Falmouth's steward) were present, and where it was afterwards stated, that the inclosures should not in future be continued on the north of a line drawn from Brown's Corner to Woonbucks.
Mr. Serjeant Kinglake then addressed the jury for the defence. The allegation on the part of the plaintiff being that he and previous occupants of the tenement of Nanteague were entitled by such occupation to right of pasture and turbary on Allett Common, and that there had been an invasion of that right, the learned Serjeant expressed his surprise that the plaintiff had not adduced any documentary eveindence from the muniments of the lord, but had preferred to rely on the imperfect knowledge and judgment of old witnesses. Such a mode of proof, when documents were available, was most meagre and suspicious. The learned Serjeant went on to review the plaintiff's evidence. There did not appear to be any proof of the use of the common for pasture or turbary by tenants of Nanteague anterior to the time of Brown, though an attempt was made (which failed) to show that the previous occupant, KEAN, had done so. As long ago as memory could go, there had been one inclosure, Halgar
ras, carved directly out of the Down, with a house upon it; and some years afterwards, a few other inclosures were made. And then some forty years ago, inclosures began to be made more rapidly, until in the year 1843, according to the tithe commutation map, they amounted to 283 acres; all having been done without any objection whatever from any person, although becoming liable to the payment of tithes in respect of those inclosures.
From that time, inclosures had gone on, until, at the present time, the extent of common on Allett was about 120 acres in pieces communicating with each other and about 30 or 40 acres immediately adjoining Nanteague. One mode by which the plaintiff now sought to obtain a verdict was that for thirty years prior to the commencement of the present action, he had uninterruptedly enjoyed the right of pasture and turbary over the whole of Allett Down. But he (the learned Serjeant) contended that the inclosure of 283 acres by the date 1843 was a clear interruption of the alleged right; and that point he begged to submit to his lordship. (The learned Judge at once said it would not be an interruption of the right.)
The learned Serjeant proceeded to consider the plaintiff's other mode of establsihing his claim, viz. by proof of immemorial use, now in respect of the common of pasture; the fact that the evidence of use extended only so far back as the time of Brown's tenancy, was a strong circumstance to show that the right, in some way or other, originated at that time. And as to the common of turbary, he contended that his learned friend had failed to prove the existence of an ancient dwelling-house, with fire place, to which only that right, from its very nature and origin, could be annexed.
The learned Serjeant proceeded to state the nature of his own case for the defence. The efforts of his learned friend for the plaintiff had been directed towards confining the alleged right of pasture and turbary to Allett Common, and that there was no such right in Four Burrows Common. The plaintiff had not, as was alleged, a general right over a particular common, for all his cattle, "levant and conchant," but was limited to a particular number and extended over the whole of Four Burrows Common as well as Allett. The same remark applied to the alleged right of turbary.
The learned Serjeant stated his belief that he should disprove the evidence for the plaintiff; but, should he fail to do so, he should show that the inclosures had been made by the lord, by right of custom, allowing a sufficiency of pasture and turbary for all persons entitled thereto. He should show, by the production of a lease from an ancestor of Lord Falmouth, that Halgarran (which was cut clear out of the common) was inclosed prior to 1670; and, by subsequent leases, he would show that numerous other inclosures had been made, clearly substantiating the custom for which he contended. As to whether a sufficiency of pasture and turbary had been left by the lord, that would depend on the view which the jury should take of the way in which the plaintiff's case had been proved.
His learned friend ought to have produced some of the tenants of Ventongimps to show what rights were conferred by their leases; but, instead of doing so, he had confined attention solely to Allett Common, and had asserted that a sufficiency of pasture and turbary for the tenants of Allett and Ventongimps also, must be left on Allett Common only. But, in fact, that [right of pasture] and turbary was not confined to Allett Common, but extended all over Four Burrows, for 1,000 acres, without obstruction, and, as has been shown, the whole of that common was accessible from Allett Moor. If then, it should turn out that the Ventongimps tenants had right on Four Burrows, the plaintiff's case of insufficiency of pasture and turbary had failed. He (the learned Serjeant) would show, by the production of a lease, that the right of pasture and turbary granted to tenants in Ventongimps, extended over Ventongimps Down, Allett Down, and Four Burrows Down.
The learned Sergeant next referred to the interview that had taken place on Allett Moor in 1837, between parties representing the Ventongimps tenants, and the agents of Lord Falmouth, observing that if Lord Falmouth's inclosures had been made without right, he could not understand a proposition for such an interview; it was inconsistent with the statement that Lord Falmouth had no right whatever to inclose. Concerning this interview, he would show that certain proposals were made which went off on some understanding that a referee should be appointed; but, in point of fact, no referee ever was appointed.
The learned Sergeant concluded by recapitulating the points of the case, and proceeded to put in evidence. The first witness called was MRS. HOSKINS, of bodmin, niece of the wife of the late Mr. JOHN BROWN, of Nanteague. On her production of a lease which belonged to the late Mr. Brown, Mr. Crowder objected to its reception without ordinary proof that some interlineations were made at the date of the lease itself; those interlineations containing the limitations of rights of pasture and turbary which formed one of the issues in the present case. [The lawyers each stated their views, and the learned Judge retired to consult Mr. Justice CRESSWELL. On returning he decided in favour of the admissibility of the deed. - jm]
The lease was dated the 1st of March, 1804, and was a lease from JOHN THOMAS to JOHN BROWN, of the tenement of Nantrisack or Nanteague,late in the possession of FRANCIS LEAN, deceased, together with liberty to inclose, and also to keep and pasture twenty sheep and horses, and six horned cattle, and to cut thereon twenty loads of turf in any one year.
THOMAS PEACOCK, 85 years old, and formerly occupying a tenement in Ventongimps called Cornelius's Tenement, which his father had occupied before him, was then called, who put in two deeds, the first, dated 25th of December 1759, being a demise from MARY FOSS to JOAN CORNELIUS, of a dwelling-house and one acre of land in the Manor of Ventongimps, with common pasture and turbary upon the commons and wastelands in Ventongrimps Downs, Four Burrows Downs and Allett Downs, in the same manner as other tenants of the said manor have been accustomed to have and enjoy such common of pasture and turbary, - and the next being a lease dated the 29th of September 1799, from HUGH LEE and other lords of Ventongimps, to THOMAS PEACOCK, the present witness, of the same tenement, and with the same common of pasture and turbary. On examination, THOMAS PEASCOCK gave evidence which supported the view of the case indicated by the documents which he had put in.
Numerous leases in the Manor of Allett Down from succesive { } damages, [....] as it was not a case in which successive damages were claimed; and submitting for the jury's consideration seven questions which they were called on to determine. The jury retired at a quarter past seven to consider their verdict; were locked up for the night; and at seven next morning, proceeded to the Judge's lodgings, and reported that they had not agreed on a verdict, and that there was no prospect of their being able to do so. They were then immediately discharged.
SATURDAY, JULY 28, (Before Mr. Justice Williams) [This is a partial report - couldn't find the rest of the story. But this part is interesting. - jm]
IMPORTANT TRIAL - TUCKER v FOX and OTHERS - In the following case the important question was tried as to the right of mine adventurers to use and corrupt streams of water by their mine workings. The trial was by special jury, and the following were the jurymen:
Sir Joseph SAWLE, Bart., of Penrice, foreman, Mr. T. HEXT, of Trenarren, Mr J. BRENDON, of Treniffle, Mr. BRAY, merchant, St. Austell, Mr. J. NICHOLLS, banker, St. Columb, Mr. R. R. LANGFORD, merchant, Boscastle, Mr. JAMES BeNNETTS, merchant, St. Austell, Mr. Edward MICHELL, merchant, Truro, Mr. William BAYNARD, merchant, Truro, Mr. James HENDY, Trethurffe, Mr. William Carne, Falmouth, Mr. MORCOM, merchant, St. Austell.
MR. COCKBURN, MR. BUTT, and MR. SMIRKE appeared for the plaintiff, Mr. EDMUND TUCKER; MR. CROWDER and MR. MONTAGUE SMITH for the defendants, Mr. CHARLES FOX and others.
Mr. Cockburn stated the case to the jury. This case, he said, was of bery considerable interest to the parties concerned, and of great importance to the county at large. The plaintiff was the occupier of an estate called Tregannick, in the parish of St. Germans, near the mouth of the small river Seaton, which runs into the sea after a course of thirteen or fourteen miles. Near the head of the river is situate West Caradon mine on the one side of the river, and South Caradon mine on the other. The defendant, Mr. Charles Fox, is a shareholder in West Caradon mine, and the other defendants are agents concerned in the working; and the action was brought on account of their discharging the refuse of their mine into the river, which overflowed plaintiff's lands, and thus destroyed their value.
The mode of working West Caradon, was by turning a portion of the stream of the river into the mine, using the water for working the mine and cleansing the copper ores. The stuff which accumulates was conveyed into pits, and there left in order that the water may be to some degree purified, for the same stream of water was afterwards carried by an artificial channel to South Caradon mine, and was there used for the same purpose, was then brought in its state of pollution and filth into the stream of the river, and carried down the channel. The mine began to work ten or twelve years ago, and both that and South Caradon had become two of the most productive mines in Cornwall.
As the workings had increased, more and more of the foul matter had been brought down the river; the water had become the more polluted in consequence, and being carried over plaintiff's lands, had ended in entirely destroying the value of those lands. The land in question had been used for the purposes of feeding cattle and making hay. The water of Seaton river, in flood times brought down a great deal of the soil of the country with it, and the inundation spreading over the meadows, formerly left a fine deposit, which the first rain that fell, operated as a most beneficial manure, so that fine hay crops had been obtained from year to year without the necessity of manuring. The extent of the meadows was about twenty-three acres, and some parts, used for feeding cattle, were found to be admirably adapted to that purpose.
But since the mines had been working to the extent they had been in the last few years, the river brought down not merely the debris and washings of the soil, but all the refuse and filth coming from the mines. In consequence, instead of producing the beneficial effects it did formerly, the result has been the utter destruction of the whole of the pasture. For this the plaintiff sought redress, and he was not the only party who claimed it. He had brought this action with the sanction of his landlord, and the other landowners on the river were determined to follow up the proceeding by also seeking compensation. For though the plaintiff being lower down to the mouth of the river, where the land is flatter and the water spreads out further, had suffered more than the others, yet the evil existed throughout the whole length of the stream, wherever the water had gone over the adjacent lands in flood times, or where it had been conveyed for artificial irrigation.
The plaintiff took the estate, about one hundred and twenty acres, six or seven years ago; and had found that that which was the most valuable part of it, the rich meadows, were gradually getting worse and worse. Three years ago was the last time he was able to make hay from the meadows, and then it was so bad the cattle would not eat it. Last year it was out of the question to make hay there, and this year where there was once fine luxuriant grass, there was now only reedy rass and rushes. To such an extent was the land deterioriated, that those parties whose duty it was to reduce the rates (and who were always very slow to do so) had reduced them one half.
Plaintiff had had the soil analyzed (the deposit left on the surface) and also the water, and the scientific witnesses would state that the deposit contained a quantity of salts of copper, which was well-known to be pernicious to animal and vegetable life. The cattle had suffered, and some had died, and though he did not claim compensation for them, it showed that the meadows had been destroyed as pastures.
He did not suppose this fact would be questioned by the defendants, but something was said by them about the mischief being occasioned through plaintiff not repairing the bed of the river. He should show that three or four years ago the bed of the river was repaired, but the more it was made up, the more the pernicious water overflowed, and the greater was the mischief. It was also said that the mischief was caused by the adjoining lead mines of Wheal Trelawny. To this the answer was that the lead mines existed long before the mischief was done; and the chemists would tell them that the washings from lead mines are comparatively innocuous; besides the damage existed just as much between the Caradon mines and the place where the washings from the lead mines came down (about half-way down the river) as it did below that spot. But then defendants pleaded that they had acquired a right to the discharge of polluted water, by an enjoyment of so doing for twenty years. The answer to which was, that the mine had only existed for ten or twelve years. But then they say, there is a custom in Cornwall, by which any party working any mine is entitled to discharge the refuse water, containing no matter what poisonous deposit, into any stream which they can find, unless it be a navigable water, and to pollute the water to any extent, howsoever destructive to property, to animal and vegetable life, throughout the whole of its course.
That was an assertion of a custom so staggering in its terms, and frightful in its consequences, that he was sure the jury would require that those who set it up should establish it beyond a controversy. He need not point out the effect of such a principle in this county. Every one knew the value of streams for the purposes of irrigation, and of cattle drinking, and it was certainly a most startling doctrine that parties discovering mineral ores should be entitled to work a copper mine, to discharge the refuse into water previously wholesome, and to occasion the most distressing consequences without making the slightest compensation. With regard to this alleged custom, the jury must be satisfied first that it exists; seconly, that it is an ancient custom; thirdly, that it is a reasonable one.
He should call those connected with mines, and land agents, to tell them that they never heard of such a custom. It might amount to this, that in some districts, where the mines had been established on wastes, where the adjoining land was of little or no value, and parties in the neighbourhood were all interested in the existence of the mines, there the parties working had been allowed to avail themselves of running water; but as for anything like a custom that parties discovering a mine were entitled to work it to the entire destruction of valuable property in the neighbourhood, it was a proposition that any Cornishman would scout when he heard it.
Secondly, if they would show it to have been an ancient, immemorial custom, they must prove its prevalence as far as legal memory goes back, which in law was the reign of Richard the First; whereas copper mining dates from the reign of Queen Elizabeth, and the customs of tin mines, which were more ancient, could not be extended to the workings of copper mines. And with regard to the reasonableness of the custom, if there was conflicting evidence as to its existence, they would have to take its reasonableness into consideration. The profits of these mines were GBP 20,00 to GBP 30,000 a year, and surely they ought to give compensation for the injury caused, especially as they might have appropriated ground in the neighbourhood for their stuff, or have made a channel by which the foul matter would be conducted to the sea without doing mischief.
The following witnesses were then called: WILLIAM LORD, a farmer, 76 years of age, was born on Tregunnick estate, and occupied it from 1802 to 1843, when he gave up the farm to plaintiff, who was his son-in-law. He deposed to the injury done to the meadows since the mines had been worked. The water of the Seaton now came down a different colour, and the cows would not drink it as they used to do. Sometimes the meadows were overflowed for a week, and formerly he did not want to dress the land for hay. There used to be a great many salmon peal and trout in the river, but now there was not a fish of any description. Where he used to feed his cattle, the pasture was now turned to rushes. After plaintiff took the estate he made hay on two of the meadows, but left it off two years since, because the cattle would not eat the hay. Last spring plaintiff had bullocks in the meadows, which got diseased and were obliged to be removed; six were affected, and two died.
CROSS-EXAMINED: There are no moats across the river so as to impede the stream. Since 1842, they had not kept their bullocks there as long as they used to do, on account of their getting ill; since last spring, they had kept them there to a small extent, but two had again been taken ill. The cattle now drink from small springs coming down from the hills tot he side of the meadow; the bullocks that died pined away, and would not eat.
WILLIAM WARNE, who had worked on Tregunnick farm for seventeen years, deposed to the same effect. There was a corner of one of the meadows which was never overflowed, and that was now as good as ever. In other parts there were rushes, and some places were quite bare.
WILLIAM CORNISH, occupier of Keverill mills, said the meadows were formerly worth from GBP 2.10s. to GBP 3 per acre, whilst now they were not worth more than 10s. The settlage from the river used to be very beneficial; it would disappear with the rain, but now it did not. He deposed also to several other facts stated by MR. LORD. CROSS-EXAMINED: Perhaps his action might depend on the result of this.
(The remainder of our Assizes Report will be found in our second page.) [transcriber's note: I didn't find it on page 2 or anywhere - jm]
10 AUGUST 1849, Friday
NEWS
QUARTERLY REPORT OF THE REGISTRAR GENERAL - This quarterly report states that the births registered for the quarter ending June 30th, were 153,822, and the death being 102,143, it follows that 51,679 is the addition to the population of England in the ninety-one days.
This natural increase (the Registrar General remarks) is, however, disturbed by the immigration of the Irish, and the emigration of the English people. The births in the first half of the present year show a remarkable increase, and like the depression of 1847, cannot be accounted for by any fluctuation in the marriages. The mortality in the June quarter has been above the average. The marriages in
England are always fewer in the winter than in any other quarter of the year; they have increased rapidly, though not uniformly, during the last ten years.
Comparing the marriages with the population, and taking the increase into account, the dispositon to marry, which was excessive in the winters of 1845-46, is found to have declined and remained near the average through the years 1847-8-9. The Registrar General remarks that the steadiness of the rate of marriage indicates the prudence of the people, and proves that they are as far from the depression of 1842, as from the elation of 1845.
The Registrar General strongly urges the necessity of good drainage and cleanliness for preservation from epidemic diseases. In towns, as well as in the country, he remarks, many diseases are unquestionably caused by a bad, insufficient diet, by cold, by intemperance, idleness and vice, which all predispose to cholera; but the great excess of mortality is from the atmosphere of decomposing organic matter given off by the undrained ground, and vegetable and animal bodies, dead or living.
In Cornwall, the marriages, registered for the quarter ending March 31st, show a decrease of twenty-one, as compared with the same period in 1848; the births, returned for the quarter ending June 31, show an increase of thirty-one over those registered in the same quarter of last year; and the deaths in the same quarter exhibit an increase of seventy-nine as compared with the same quarter in 1848.
The meteorological returns from this county are, as usual, by DR. BARHAM, Truro, Mr. LOVELL SQUIRE, Falmouth, and Mr. M. P. NOYLE, Helston. Taking the whole kingdom, the mean temperature of the air during the quarter ending June 30th, was 51.7, being 0.5 less than the average of the last seventy years, and 2.1 less than the average of the preceding eight years. The greatest fall of rain took place at Truro, Newcastle, and Helston; the smallest falls occurred at York, and generally in the North of England.
THE CHOLERA - A correspondent suggests that the General Board of Health should circulate a brief abstract of the four Acts and the last order under which Union Boards are enabled to proceed very expeditiously in the removal of nuisances and in providing whatever may be necessary during the progress of the fearful disease. The same esteemed correspondent thinks that our Government ought long since to have issued a proclamation similar to the following, which has been published by the President of the United states: "At a season when the Providence of God has manifested itself in the visitation of a fearful pestilence, which is spreading its ravages throughout the land, it
is fitting that a people, whose reliance has ever been on His protection, should humble themselves ...; and while acknowledging past transgressions, ask a continuance of Divine mercy. It is, therefore, earnestly recommended, that the first Friday in August be reserved throughout the United States in a day of fasting, humiliation, and prayer. All business will be suspended in the various branches of the public service on that day, and it is recommended to persons of all religious demoninations to abstain, as far as practicable, from secular occupations, and to assemble in their respective places of public worship, to acknowledge the infinite goodness which has watched over our existence as a nation; and so long crowned us with manifest blessings, and to implore the Almighty, in his own good time, to stay the destroying hand which is now lifted up against us.
Z. TAYLOR, WASHINGTON, July 3, 1849."
MEVAGISSEY - The cholera continues to affect the inhabitants of this place. DR MILROY, from the General Board of Health, has beenassisting the local medical staff, who have advised those who could leave to quit the place, and every vacant barn and shed in the neighbouring country has been converted into a dwelling. On Thursday, the 2nd instant, 1800 hogsheads of pilchards were taken by fourteen Mevagissey boats. Three of these, the "BEE", "ALFRED", and "PROSPEROUS" had, in consequence of the cholera, only on crew, eighteen hands, to man them, being deficient of thirty-six men; but for this deficiency, their catch of 300 hogsheads, would have been considerably increased. The three boats, "MEVAGISSEY", "FLIES", and "PORTREATH," had also but eighteen instead of fifty-four men; their take was 450 hogsheads. This fine catch of pilchards will, it is expected, have the effect of greatly diminishing the cholera.
Mevagissey in 1790 was visited by a fearful and fatal fever, which abated suddenly when a large quantity of fish were brought into the town. The sudden abatement is accounted for in this manner - the dwellings principally are over fish cellars, in each of which train pits made of casks containing from fifty to one hundred gallons are sunk. For the purpose of staunching they are allowed to remain full
of stagnant water from year to year. As in 1790 so now, these noisome vessels will be emptied, and in addition to the present catch of 1,800 hogsheads will require for pickling no less than 10,800 bushels of salt. To pickle the fish only two hundred and fifty-two men and one hundred and twelve women will be brought into active employment. When the train pits are cleared, the people cheerfully and profitably occupied, and the immense quantity of salt freely distributed through the most afflicted parts of the town, it is expected, and with reasonable hope, that, under Providence, the present pestilence will abate.
From a subsequent account received, however, we regret to notice that the hope confidently entertained that the worst as respects this unfortunate town had passed, was fallacious. The condition of the place since the great catch of pilchards has anything but improved, and the following table of cases for the past six days will show that this mysterious malady is still committing fearful ravages. A number, little of anything short of the fifteenth of the population, have already fallen victims, and as yet no check has been given to the mortality. The malignity of some of the recent attacks has been very great.
The REV. F. CARLYON, vicar of Megavissey, has been most assiduous in the performance of his duties; but he has become so enfeebled that his medical advisers have insisted on his desisting from those duties for a time. The medical staff consists as before of Messrs. BALL, PRYNNE, GOVETT, and FOOT, District Medical Officers; and DR. PADDON, of Truro, consulting Medical Officer. An addition is daily expected from London, all of those named having suffered more or less from their exertions, and two or three being in a condition which renders it most desirable that they should be relieved.
Throughout they have laboured under the greatest possible disadvantages from the want of proper nurses, and too frequently from the apathy of the friends of the sick; and that the following report, which exhibits an extremely favourable result as regards the number of deaths in proportion to the attacks, is highly creditable to their energy and skill.
August 3 - Diarr. 18 Ch. Diarr. 3 Malig. Ch. 11 Died 2
August 4 15 3 7 3
August 5 34 2 6 3
August 6 28 6 8 7
August 7 21 3 13 2
August 8 33 5 11 5
Totals 149 22 56 22
HAYLE - We regret to state that the cholera has appeared in this neighbourhood, and that there have been eleven deaths up to Wednesday night. The outbreak has been thus far chiefly confined to the little village of Ventonleague, where the houses are low and badly ventilated, with filthy cess pools contiguous to the dwellings. A Board of Health is in active operation, and the sum of GBP 20 has been subscribed.
Districts have also been formed for soliciting subscriptions to meet the emergencies arising from this awful calamity.
HEALTH OF LISKEARD - Reports have been circulated that this town has been visited with the cholera, that many have fallen down and died in the streets and that there had been scores of deaths. The fact, however, is that for several weeks past there has not been more than one half of the average number of deaths in the town, the average being a little more than one in forty, taking the whole year. The occasion of this strange report was, no doubt, the almost sudden death of GEORGE KING and a child (late from St. Hilary), a sober well-behaved man but in needy circumstances, who had left that parish for want of employment, and as the custom of mining is that a man must work two months before he has any wages, he being among strangers could not receive credit, and with his wife and six children must have suffered for want of proper food.
The child was first affected, it is supposed, by eating a quantity of crude and rotten cherries, which were sold cheap in the market, and the father being affected by the child's death, was seized with a species of cholera, which ended in death. The characteristic benevolence of the people of Liskeard has been shown towards the widow and children, in supplying them with food and good bedding. Another of
the children has since died from a state of weakness, having been for some time in a declining state.
Our correspondent called on MR. LAWRENCE, the surgeon, who assured him that he knew of no case now existing in the town or neighbourhood, nor has there been any case, the above excepted. The Board of Health has been most industrious in removing and preventing all filth and nuisances calculated to breed disease in the town.
SANITARY STATE OF TRURO - On Tuesday last, a meeting of the Improvement Commissioners took place, when, after some discussion, a committee of fourteen, with the power to add to their number, was appointed. The committee will sit daily, or on alternate days, to receive reports of nuisances from the inspectors, or from any inhabitants who may have to complain of cess-pools, bad drains, or any other nuisances contiguous to their dwellings.
It is understood that the committee will be individually active in overlooking the different quarters of the town, and in reporting all that they may consider prejudicial to the health of the inhabitants. Immediate steps will then be taken, under the stringent clauses of the local act, to cause the prompt removal of every nuisance; and by thus acting - each inhabitant feeling personally interested, and exerting himself accordingly - it is hoped the town may escape the ravages of the prevailing epidemic. The town is, at present, cleaner than almost any other town; and we are happy to state, on good authority, that it is also at present more than usually free from disease.
FALMOUTH - We are happy to find that the health of Falmouth, and its vicinity still remains good. The number of deaths are far short of the average of some years at this season.
HEALTH OF PENZANCE - On the authority of medical testimony, it is stated that this town is more than usually healthy at the present time.
COLLECTIONS FOR MEVAGISSEY - On Sunday last, sermons were preached at St. Mary's church, Truro, by the REV. W. W. HARVEY, and the REV. H. B. BULLMORE, after which collections were made for the distressed and suffering people of Mevagissey, to the amount of GBP 32 15s. 8d. On Sunday last, two collections were made in the Wesleyan chapel, St. Austell, on behalf of the inhabitants of Mevagissey, and although many of the congregations had subscribed before, the collections amounted to nearly GBP 10.
POPULATION OF CORNWALL - In 1841, the thirteen unions, with Scilly, contained 343,328; births in 8 years, 1841-1848, 91,307; deaths, 52,681; excess of births, 38,626; present population, 381,954. From this number should be deducted the excess of emigrants over immigrants, which there seems to be no means of ascertaining. A regular communication should be kept up between the 13 unions. Now one union is seldom acquainted with the proceedings of its neighbours; and though Cornwall is almost as compact and distinct as an island, yet the transactions within it are very uncertain and confused.
DISINFECTANT - We have received the following from an assistant surgeon in the navy who had had some experience in cases of cholera,and we give it publicity in the hope that his suggestions may be found useful. The solution of the chloride of zinc, introduced by Sir William BURNETT, Physician General of the Navy, has been found an invaluable means of correcting noxious effluvia, and a most powerful
disinfecting and deodorising agent. Much might be done towards the prevention of cholera if every house were supplied with some of the chloride of zinc to be used as soon as any offensive smell is found to arise, either from cess-pools or other causes - to mitigate if not avert the ravages of the fearful disease.
STITHIANS CATTLE INSURANCE SOCIETY - The annual meeting of this society was held at the Seven Stars Inn, Stithians churchtown, on the 2nd instant. After the contributions had been paid, about one hundred members sat down to a substantial dinner, MR. R. LANYON, the president, in the chair. On the removal of the cloth, the secretary read the report, which showed the receipts, from contributions and entrance fees during the past year, to have been GBP 107 5s. 10d. The deaths this year have been very great, viz. In Gwennap, six, in Stithians, four; in Wendron, two; in Perranarworthal, one; in Mabe, one, making a total of fourteen deaths. The death of the cows were generally occasioned by inflammations and milk fever; the death of the heifers was generally occasioned by the disease called the black quarter. There were 292 cattle insured in this society, at the annual meeting in 1848; at this annual meeting there were 502, making an increase in the last year of 211.
Cattle have been insured in this society on an average, for the last six years, including all salaries and expenses, at two and a half per cent, per annum. After the accounts were examined and adopted, the President said it was his painful duty to inform them that the present secretary (MR. JOHN MARTIN) was about to leave them, as he was going to Australia. He was sorry for the loss of so worthy a man, but hoped it would be for his benefit. He then called for a vote of thanks for the past services of the secretary, which was unanimously given.
The secretary then addressed the meeting in an able manner on the benefits derivable from cattle insurance societies. [...] He then bade the society farewell, and left the room. Mr. E. LANYON was then re-elected president for the ensuing year; MR. JOHN ODGERS, treasurer; and MR. THOMAS DUNSTAN, steward.
Seven of the members were also elected as the committee, and MR. JAMES ODGERS was elected secretary. The first prize, 10s., for the best conditioned cow in March last, was awarded to THOMAS TIDDY, Coldwin, Perranarworthal; and the second prize, 5s., was awarded to JOHN SANDERS, Tanner's Downs, Perranarworthal.
Mr. THOS. DUNSTAN, Colvenor, steward of the society, next spoke on the benefits of good cow-sheds, and on the separation of cows at the time of calving, from four years old and upwards. [...] A vote of thanks was given to the president for the manner in which he had conducted the meeting, and the society separated at an early hour.
ST. AUSTELL SAVINGS BANK - As this bank is now paying off, depositors should be informed that they may at once transfer their accounts, however large the amount, to any other savings' bank, but that if the money is incautiously withdrawn, it can be again funded only at the rate of thirty pounds yearly. This caution is not unnecessary, as one depositor having withdrawn nearly GBP 200, is grieved at finding he cannot replace the whole under five years.
A STRETCH OF AUTHORITY - There is a remarkable circumstance connected with the county of Cornwall which requires notice. In every calendar there is a list of persons who are in goal [gaol] "on former orders," from which it appears there are many persons who have been committed for breaches of the peace for generally twelve months, or until they find sureties, but in the present calendar our reporter found the name of "WILLIAM QUICK, committed on the 15th of September, 1848, breach of the peace, two years, or until he shall find sureties."
This committal seemed so startling that he felt bound to make inquiry, and has been informed that there was a dispute about some property which Quick claimed, and he pulled up some of the fences and used some threatening language; he was taken before two clerical magistrates, who committed him to prison for two years, or until he should find sureties.
The man tendered two persons as sureties, but the magistrates refused to accept them, and the man is detained in custody, so that under the plea of calling for sureties, the magistrates have exercised their power so as in truth to exceed a sentence passed for a very grave felony. In a case of burglary the judges are in the habit of sentencing a prisoner to twelve months' imprisonment, and yet in the present instance, for a mere breach of the peace, the magistrates have given twice the amount of punishment inflicted for a felony. Surely such a state of things cannot be tolerated. -Times.
TRURO TOWN COUNCIL - The quarterly meeting of the Council was held on Tuesday last, when there were present, the MAYOR, DR. CARLYON, DR. BARHAM, and Messrs. SPRY, O. WILLIAMS, TIPPET, LAMBE, ANDREW, G. CLYMA, COCK, J. BARRETT, W. BARRETT, and BORROW. {A resolution was passed, to the effect that
the owner of the fulling mill at the mill-pond be required to cleanse the stream which supplies the mill, and to remove the obstructions there, which at present cause an overflow of water to the injury of the inhabitants of the vicinity. The stream which is thus required to be cleansed, it was stated, extends from the mill-pool to the lower end of Goodwives' lane. [...]
The MAYOR next read a letter which had been addressed to him by MR THOMAS HENWOOD at the request of MISS POPE, of Trafalgar-row, who complained that she had been threatened with legal proceedings by Mr. G. N. SIMMONS, the town-clerk, because she would not permit all the filth from the adjoining houses to pass into the drain belonging to her house, whence there was no outlet, the town council having suffered the mudpond to be filled up, and prevented all escape, the result of which would be that all the filth of the adjoining houses would accumulate in the drain and overage [...], to her serious annoyance and injury.
She initiated an inquiry, and was willing to act on the suggestions of the council, subject to the approval of MRS. SMITH, of whom she rented, and who was lessee under the town council and the Earl of
Falmouth. Mr. G.N. SIMMONS said the occupiers of the houses adjoining MISS POPE's complained of her having built up the sewer which passed from their premises through her courtlage into the main sewer, which was originally formed by the owners of the freehold (Lord Falmouth and the Town Council) for the accommodation of all the tenants.
The nuisance being very great to them in consequence, he had been instructed by the tenants
to call on Miss Pope to remove the obstruction, or otherwise to take legal proceedings. Some discussion took place, in the course of which MR. sPRY observed that after a sewer had been used by parties a certain number of years, they could not be deprived of it, no matter who had been the constructor. He also thought that a deep drain made by the turnpike trustees might be available for draining the houses in Trafalgar-row. The averment that Miss Pope's drain was obstructed by the filling in of the mud-pond, he said could not be sustained. MR. TIPPET offered to lay the subject before the trustees; but the council ultimately viewed the question as one of private right, and declined to interfere.
MR. W. BARRETT said the West Bridge was still liable to be overflooded; and a resolution was passed granting GBP 20 to the Tregear water committee for the further clearing of the bed of the river at and below the West Bridge, and about the quay head. The formal sanction of the council was next given for an application by letter by MR. TWEEDY (on behalf of the gas company) for removing the gas pipe which was laid across the river to supply the wood-works, and use it for supplying the new bridge.
MR. SPRY begged to say that the town was now in a very satisfactory state; he had inquired of his colleagues that morning, who were in charge of parochial districts, and they assured him that they had not met with any serious cases of cholera, or anything approaching thereto, for several days. THE MAYOR hoped that the steps taken to cleanse the town would be effectual. MR. SPRY observed that looking
to the nature of the soil on which the town is built, and the excellent drainage furnished both by nature and art, the inhabitants might feel great confidence that they should escape the epidemic which has been so destructive in many other places.
THE LATE INCEDIARISM AT MULLION - The following are the particulars of this case, so far as they have transpired.
The house, which was burned, was the property of MR. WILLIAM THOMAS, and at that time was unoccupied, having been lately undergoing repairs. A short time since, Mr. Thomas received a written notice from one of his tenants that he intended to give up his estate, unless he would reduce the rent in a certain amount. Mr. Thomas,not thinking it proper to comply with the terms, accepted the notice, and intended to let the farm to another person.
Some time afterwards, Mr.Thomas received an anonymous letter, threatening him, that if he did not come to the terms of the present tenant, and let him have the estate at a reduced rent, his property should be burnt, and giving him seven days' notice before the threat should be carried into execution. Mr. Thomas took very little notice of this letter, but at the end of the seven days the diabolical act was committed.
In consequence of the above incendiarism, a large and influential meeting of gentlemen and farmers of Mullion, and the neighbouring parishes of Cury and Ruan Major, was held in the school-room of the former parish, on Friday last, the REV. WILLIAM BROADLEY, of Cury, (in the absence of the REV. FRANCIS GREGORY, the vicar of Mullion) in the chair, to consider what means could be adopted to bring the guilty parties to justice, when a committee of five persons was appointed to prosecute inquiries, and take such means as were likely to accomplish that end. The meeting enterd into liberal subscriptions to furnish the committee with funds to enable themm to carry out their purposes. It would appear from a paragraph in our paper of last week, that the person who claimed the property from Mr. Thomas was suspected; but we understand that not the slightest imputation rests on him.
POTATOE STEALING - WILLIAM SMITH, 26 years of age, an able-bodied labourer, was taken before the REV. T. FURNEAUX on Saturday last, charged with stealing eleven and a half pounds of potatoes and a fowl, the property of MR. SCREECH, of Hessenford. the evidence showed the prisoner had conducted his depredations in a novel and somewhat ingenious manner, his plan being to loosen the earth round the stalks, and then abstract the potatoes, leaving one or two under each stalk as a blind. He afterwards carefully replaced the soil as before, taking care to leave considerable space between the stalks. The evidence fully established the charge against the prisoner, who was committed for trial at the ensuing sessions.
COMMITTAL - On Monday last, a miner named HENDY was taken befoe the REV. DR. FLETCHER, and committed to Bodmin, charged with stealing a watch and other articles from a labourer named BURROW, about a week before.
TRURO POLICE - On teh 2nd instant, SAMUEL FOWLER was fined GBP 5 for assaulting MARY ANN MADOX; and in default of payment, he was committed for two calendar months. Some charges of apple stealing were also disposed of, the magistrates being determined to visit with severity such cases of plundering.
On Monday last, HENRY COOMBES, a sailor boy, was fined 20s. for smuggling 4lbs. weight of tobacco.
CORONERS' INQUESTS - The following inquests have been held before Mr. HICHENS, coroner. At Baripper, in the parish of Camborne, on the 3rd instant,on the body of JOHN JONES, aged 42 years, who met with his death at Gernick Quarry, in the parish of Crowan, on the 1st instant, whilst employed in raising stone, when a large mass of rubbish under which he was digging, fell and buried him under it to the depth of about two feet. He was taken out in about ten minutes after the accident, greatly crushed, and his death was supposed to have been immediate. Verdict, "accidental death."
On the following day, in the parish of Madron, on the body of HENRY WILLIAMS, of St. Just in Penwith, farmer, aged about 33 years. The deceased was as Penzance market on Thursday last, and left the Engine Inn, in that town about ten o'clock at night, rather intoxicated. Two other persons, MR. WILLIAM
VEALE, ELLIS and MR. JOHN BOTHERAS, both of Sancreed, farmers, left the Inn on horseback about the same time, to return to their homes, and they and the deceased were riding on together, Mr. Botheras a little before the deceased, and Mr. Veale behind him, when the deceased's horse fell with him, braking the stirrup leather on the off-side, and the deceased in the fall received a cut on his head.
He was taken up and carried into a house near at hand, whence, after a short time, he was taken back on Mr. Botheras's horse to the Engine Inn, but on arriving at the door he appeared to have recovered his recollection, and refused to go into the inn saying he would go home, on which Mr. Botheras, and the other persons who had accompanied deceased to the Inn returned with him to the house into which the deceased had been first put, and Mr. Botheras having got his market basket which he had left there, he and the deceased proceeded on together, deceased riding Mr. Botheras's horse, and Mr. Botheras the deceased's, the former riding by deceased's side to assist him if necessary.
They proceeded at a walking pace, and had got only a very short distance on the road, when deceased fell
towards Mr. Botheras, and he (Botheras) catching him by the coat let him down gently to the ground between both horses. Assistance having been procured by Mr. Botheras, deceased was taken into a barn belonging to Mr. JAMES BERRIMAN, at Alverton, where he was laid on some straw, in the supposition that
his helplessness proceeded from intoxication, and that after a little sleep he would be all right again. On the following morning, however, he was found in a state of insensibility, and the assistance of Messrs. BERRIMAN, surgeons, at Penzance, was immediately procured, by whom he was attended to the period of his death, which took place on Saturday morning, and was supposed to have been occasioned by the rupture of a blood vessel on the brain. Verdict, "accidental death".
The following inquest has been held before MR. HAMLEY, coroner - On Monday the 6th instant, at Roche Church-town, on a little child between five and six years old, called HARRIS. THOMAS HARRIS, the father, stated that he took the child to walk with him on Sunday evening, and he went into a field
to see his master's horses. The child recognized one of the horses, and said to his father here is poor old Lion. He turned aroung to look at the other horses, when he heard a noise,and on looking round saw the child under the fore feet of old Lion, and the horse trampling on him. He got him out as soon as he could. The child was bleeding about the head.
He took him into a neighbour's house, and a surgeon was in immediate attendance, but the child was so much injured that he died shortly after. He did not know whether the child was playing with the horse or whether he fell under the horse's legs. The horse had always been considered as very quiet and gentle before. The jury returned a verdict of "accidental death."
On Wednesday, at Falmouth, by Mr. J. CARLYON, coroner, on the body of GEORGE UREN, of that place, aged 23 years. Deceased got on a plank fixed from the quay to a schooner, which was discharging coals, and slipped his foot, falling between the vessel and the quay. there was very little water there
at the time. He was carried to his father's house, where he died in about two hours from fatal injuries on the head. Verdict, "accidental death."
The following inquest has been held before Mr. ROSCORLA, coroner of Penzance. On Thursday, the 2nd instant, on the body of MR. WILLIAM VICE, of Truro, who had come to Penzance about two months since, accompanied by his daughter and a female domestic, and had taken lodgings at No. 3 Regent-Terrace.
Deceased, who was 77 years of age, had occasionally complained of short breath. [He went for a walk with his daughter, but felt ill. On returning home, he had a drink of hot water, then laid down.]
Miss Vice wanted to send the servant for Dr. William, but deceased said he should be better directly, then later asked that Mr. MOYLE be fetched. While the servant was absent, Mr. Vice died. Miss Vice ran to the house of MR. TOM, a neighbour, and asked him to call Dr. WILLIAM, which he did, but they found him dead on their arrival. Mr. Moyle, who immediately attended upon the servant reaching his house,
stated to the jury that he had known Mr. Vice fifty years, and had visited him about seven weeks since, when Mr. Vice told him he had had difficulty in breathing, and had not been well since he had been overturned in an omnibus some few months ago. He was of opinion that death arose from an affliction of the heart, and an effusion on the chest. Verdict accordingly.
LETTER TO THE EDITOR
THE MAYOR OF TRURO AGAIN!!!!!
To the EDITOR of the WEST BRITON.
SIR, Like Banquo's ghost, Mr. WILLIAM TRAER CHAPPEL, the MAYOR of this town,
appears again and again to astonish the public. The last freak of
his Worship which has come to my knowledge arises out of the prevalence of
cholera in this county.
Amongst those who have been the foremost in
the great work of charity to his afflicted townsmen at Mevagissey is THOMAS
CRAGGS, well-known as the proprietor of a van which plies between
Truro and Mevagissey, and who has during the raging of the Cholera at the
latter place, not only performed every charitable office in his own
town, but has made his van almost the gratuitous property of the public for
the conveyance of articles of food and raiment for the sick and dying,
and thus contributed to the comforts and wants of the destitute, without
which, dreadful as the mortality has been, it might in all probability
have been ten times greater.
Yet this excellent man, who, on Saturday last,
was on his way to Truro for the purpose of taking back to his suffering
neighbours a supply of food, groceries, and other needful comforts, was
met about a mile from the town, and out of the limits of the borough, by one
of the borough police, who stopped the van and said, "Mr. craggs, you must
not enter Truro with your van." "Who said so?" replied Craggs. "The
Mayor," briefly replied the blue-coated myrmidon. "Show me your authority,"
answered Craggs; and the only reply was still "the Mayor ORDERS it."
But Mr. Craggs, knowing the law better than the magisterial official, desired
the policeman to inform Mr. Chappel that he could not prevent his
coming into town, and that he should not do so.
I presume his Worship's next freak will be to stop the mails and coaches from
entering Truro from Plymouth and Devonport, and other affected places,
and also all vessels from entering the port which may have sailed from or touched
at any place afflicted with holera. How long is Truro to be
made the laughing stock of the county through its public officers?
I remain, Sir, your obediently,
CHIRURGICUS
Truro, August 8, 1849
TRURO SUBSCRIPTION FOR MEVAGISSEY
Sir - IN reference to the subscription for the distressed inhabitants of
Mevagissey, to which you briefly alluded in your paper of last week, I beg to
state for the information of the subscribers, to whom such information is properly
due, that upont he receipt of accurate and official intelligence of the want, disease,
and death prevailing there, and of the importance of prompt and immediate assistance,
the following gentlemen, viz. REVDS. E. H. TUCKETT, J. NICHOLAS, M. JOHNSON, and J.
ROBERTS, with Messrs. W. BAYNARD, J.B. JOB, and R. BARRETT, without awaiting the delay
of any formal proceedings, in such emergency, consented to become a committee, to sanction
and make an appeal to the sympathy and generosity of the inhabitants of Truro, and to
guarantee the rectitude of the proceedings in the said case. A remittance of GBP 5
was made on the evening of Thursday the 26th of July, and such remittances have been
continued from time to time until the present.
As the result of the subscription, GBP 45 have been sent to the Board of Health at
Mevagissey, with the exception of a small portion specifically applied there, as directed
by the Donors.
It will be satisfactory to the subscribers to learn, that the promptitude as well as the
liberality of the subscription, has been most gratefully appreciated, and the warmest
acknowledgments of a grateful people have been tendered by the recipients, and by the
Secretary of the board of Health at Mevagissey.
As disease and poverty still prevail, any further donations will be thankfully received
by any member of the Committee above named, or by the undersigned,
Yours faithfully,
JAMES ROBERTS,Secretary
Waterloo, Truro, August 9, 1849
17 AUGUST 1849, Friday
FALMOUTH - At the quarterly meeting of the council of this borough, held at the Guildhall, on Friday last, MR. W. J.GENN was unanimously requested to accept the offices of town clerk and clerk of the peace, vacant by the decease of MR. PENDER, who had faithfully and satisfactorily fulfilled the duties of these appointments for more than a quarter of a century. News reached Falmouth on Saturday evening last, of the removal of the blockade by the Danes, from the German ports. This pleasing intelligence caused some little bustle in the town and harbour, especially amongst the German shipping, many of which have been detained in the port nearly five months, through the Danish and German war. From forty to fifty of these vessels left the port on Saturday night, and Sunday, for their homes.
THE CHOLERA - Mevagissey. The following is a return of the number of cases from Thursday the 9th instant, to Wednesday
last, the 15th instant:
AUGUST 9 Diarr. 30 Ch. Diarr. 12 Malig. Ch. 14 Died 4
AUSUST 10 20 3 9 5
AUGUST 11 30 5 8 3
AUGUST 12 23 6 10 8
AUGUST 13 15 3 5 3
AUGUST 14 13 3 3 3
AUGUST 15 13 2 7 1
TOTALS 144 34 56 27
Since the first breaking out of the disease, 111 [one hundred eleven] deaths have taken place up to last Wednesday night, in a population never exceeding 1,800 and reduced the first week after the appearance of the cholera, through people leaving the town, to about 1,000 or 1,200. The above return would seem to show that but little improvement has taken place, either in the number of cases, or the malignancy of the attacks.
The last three days' returns appear somewhat more favourable than the preceding, but this does not give the assurance that the disease will very speedily cease, because on a former occasion, about a
fortnight ago, the deaths it will be remembered, were reduced to one in a day; and, as will be seen, on Wednesday there were seven new malignant attacks.
The most active sanitary measures are being carried into effect. Ordnance tents have been brought down capable of holding four or five hundred persons, and have been erected at Port Mellon, on the side of a hill, where they make a picturesque appearance, and in these tents, on Wednesday last, about two hundred of the people of Mevagissey were located. The fish cellars at Port Mellon are also occupied, having been divided into compartments with canvass, under the direction of MR. BOWIE, the government inspector from the General Board of Health, who has been most active in carrying out all sanitary arrangements.
A corps of scavengers is established, and a sluice is fitted at the bottom of the river, so as to flush the water through the greater part of the town, and cleanse the filth. So many people have left, and so disastrous has been the calamity, that the town does not now contain more than five or six hundred persons. Several of the seans have lost their fish, they having broken, through being so long in the water; large catches of fish, however, are still enclosed, and are landing in small quantities at a time, under the superintendence of Mr. Bowie.
Under the advice of the medical officers, it is determined that no party shall be worked about the fishery more than eight hours in the twenty-four, so that disease shall not be brought on by fatigue; also that every attention shall be paid to the food and comfort of those employed; and that the whole of the fish brought on shore shall at once be placed in bulk without being gutted, so as to produce as little filth as possible.
We regret to state an exception to the general kindness shown towards afflicted people of Mevagissey by the neighbouring landowners and owners of property. MR. KENDALL, of Bodrugan, in Gorran, is the owner of fish-cellars at Port Mellon, and was applied to for the use of those cellars, for locating therein a number of Mevagissey people. There was nothing in the cellars at the time, they were totally unused, and the Mevagissey Board of Health offered to pay any reasonable rent for them, and to fit them up at their own expense.
But this proposition was refused, and, in consequence, Mr. Bowie, the Government Inspector, acted in a manner which was justifiable only in the extremity of the case; he obtained assistance, broke open the doors of the cellars, and fitted them up for the people. On Wednesday last, two constables sent by Mr. Kendall from Gorran, came to order the people out of the cellars; but being afraid of the cholera, they took care to stand at a convenient distance, and the people seeing their timidity only laughed at them and said they had the disease, on which the constables speedily made their retreat.
In addition to this, Mr. Kendall refused the use of either of his fields for the erection of ordnance tents, contrasting forcibly by his conduct, with the kindness and sympathy so generally
shown by others, by MR. TREMAYNE especially. We may mention that liberal subscriptions are now raising, and that every assistance will thus be rendered. The REV. F. CARLYON, vicar of Mevagissey, weakened by his accumulated duties, has left the town, and is now with his family in Truro.
SALTASH - The cholera has during the past week made its appearance in this locality. Its first victims were two watermen, who died on Tuesday week, after a short illness. Several people have been attacked, but we have not heard that the disease has terminated fatally in any other instances.
TORPOINT - At this place several deaths from cholera have occurred in the Union Workhouse.
ST. GERMANS - We regret to state that the cholera, which has for some time past been raging in the neighbouring parish of Landrake, has also made its appearance here. A young man named ROBERT THOMAS, who for some time past has been in a state bordering on destitution, has been attacked, but medical aid having been promptly procured, there is every probability of his recovery. There
have been no other cases, and it is hoped that by strict attention to sanitary precautions, and striving against morbid terror, that the parish may escape any further visitation of the disease.
St. Austell - One fatal case of cholera has occurred at Trenarren, in this parish.
CALLINGTON - The cholera appeared here ten days since, but has been confined to the back parts of the town, which are the dirtiest and worse drained, and we hope the disease is now abating. There had been eight deaths up to Sunday night last, on Monday there was one, and on Tuesday forenoon there was another, making ten in all. There are two cases remaining, both of which are likely to recover, and up to the 9th inst. there was no new case.
A public meeting, called by the portreeve, was held in the Town-hall, on Wednesday evening, to
take into consideration the sanitary condition of the town, when a committee was appointed for the purpose of managing and carrying into effect the cleansing of the town, and ordering, and enforcing, according to law, the removal of all nuisances. On Tuesday evening last, another public meeting was held, when a subscription was entered into, and a committee formed, to assist and relieve the sick and poor, and cleanse and purify their houses.
HAYLE - We are happy to state that the virulence of the prevailing epidemic has considerably abated since the last report. Eleven deaths have occurred during the week, the greater part of which have been confined to Ventonleague and Guilford, about half a mile from Hayle. On Wednesday there were no fresh cases, and those which remained were generally in a fair way of recovery. Much praise is due the board of Health, and to Messrs. LYE and VAWDREY, the visiting surgeons, for their prompt and laborious exertions during the prevalence of this calamity.
SANITARY STATE OF CORNWALL - TRURO - DR. PADDON, having represented the Board of Guardians the possibility of cholera visiting this town, was empowered by them to write to London for a quantity of SIR WILLIAM BURNETT's disinfecting fluid (solution of chloride of zinc) which has been received, and directions have been given to the inspector of nuisances, that no cesspools or other nuisances are in future to be removed without using at the time this disinfectant.
FOWEY - Fowey has thusfar escaped the scourge which has afflicted her sister port. The place is quite healthy, and a few respectable inhabitants forming a committee, with CAPTAIN TRISCOTT, R.N., as their chairman, and MR. R. BISHOP, solicitor, as their secretary, have pursued vigorous measures, and caused the town (though not before dirty) to be rid of any un- wholesome place that was found in it, as well as the sewers to be scoured.
A fishing boat from unfortunate Mevagissey, landed a man on Fowey Quay, on Saturday morning last, who had been poorly in his bowels for three or four days previously. Because he was unwell, and from Mevagissey, no one would take him in. He was, however, in the course of the forenoon, taken from the quay, and put on board a boat, some reed &c. being provided to accommodate him, and persons in another boat were employed to render such assistance as he might require. In the course of the night he died, and was on Sunday sent to Mevagissey for interment.
On Tuesday night it was discovered by the populace that the same fishing boat which had landed this man was some where up the river. The people went with boats, and finding it to be so, the boat, with three persons on board, was towed down to the harbour's mouth and ordered off, with a direction not to come again on pain of being fired into. The committee, however, had
no cognizance of this outrage.
BODMIN - We are happy to state that no case of cholera has as yet made its appearance at Bodmin, and that the town enjoys its usual state of good health, notwithstanding a report which was circulated to the contrary.
LISKEARD - There has not been one death from any cause, since the report of last week, of GEORGE KING and two children, consequently the reports of cholera have entirely ceased.
ST. MINVER - We learn from a correspondent that this neighbourhood is healthy, and entirely free from cholera.
ST. AUSTELL - This town remains in a very healthy state, more so than it has been at this season of the year for many years past. The committees have been very active in examining the different parts of the town, and removing all nuisances.
RELIEF OF MEVAGISSEY - The sum of GBP 10 has been collected by the Mayor of Lostwithiel for the relief of the people of Mevagissey. At St. Minver church, on Sunday last, after a sermon preached by the REV. J. ELLIS, nearly GBP 6 were collected for the afflicted people of Mevagissey, and as collections are still being made in the parish, we trust a handsome sum will be forwarded
to that place. At Fowey, subscription lists for the relief of Mevagissey may be seen in many of the shop windows.
It is also gratifying to learn that the sum of GBP 12.12s collected in Tywardreath, principally by MR. POLKINGHORNE, the Secretary of the Local Board of Health, has been forwarded, with other sums from the parish of St. Blazey (procured by Mrs. HODGE), to Mr. Thomas COODE, of St. Austell, to be appropriated for the relief of the distressed at Mevagissey, Mr. Coode having kindly consented, in
conjunction with the Local Committee of St. Austell, to dispose of the same, they being in daily communication with the Medical Staff and Board at Mevagissey. A collection will be made in Tywardreath Church on Sunday next for that laudable purpose.
TRURO POLICE - On the 8th instant, JOHN SYMONS, of Par, sailor, was committed for three months to hard labour, for disobedience of an order in bastardy. On Monday last, JOHN MINORS was fined 10s. with 17s. 7d. costs, for stealing potatoes from a field belonging to PETER WALTERS, mason. In default of payment the delinquent was committed to the House of Correction for one month, with hard
labour. JOHN CHARLES PASCOE was fined 2s., with 8s. costs, for stealing apples, the property of MR. JASCOB STEPHENS, of Hendra.
SERIOUS MINE ACCIDENT - As a miner, named JOSEPH OATES, of Camborne, was at work in Tin Croft Mine, on Wednesday last, he received a severe fracture of the skull; and very little hopes are entertained of his recovery.
SELF DESTRUCTION - On Tuesday last, JOHN EDDY, a farmer of Buryan, had been drinking during the day and returned late in the evening, on which his wife refused, as she had done often before, to let him come into the house, so he went and slept in the barn. Next morning he was found dead, and from appearances it seemed he had hung himself with his handkerchief, to effect which he had knelt down, the place where he was suspended being low. An inquest was held, and a verdict given of 'temporary insanity."
CORONER's INQUESTS - The following inquest has been held before MR. cARLYON, coroner - on Monday last, at Stythians, on the body of JANE RICHARDS, aged 24. Deceased was a servant at MR. VICE's, Truro, and her fellow-servant, AMELIA PAINe, deposed that on a Thursday evening, about a fortnight ago, deceased went to see a doctor, and returned about twenty minutes before ten, when her master met her in the front passage and told her to come into the parlour, where there were only Mr. and Mrs. Vice.
A few minutes after, witness, who was in the kitchen, heard in the parlour a kind of scuffling noise; after which deceased came out into the kitchen and went into the scullery. She was not crying, but seemed in a great passion; there was no blood about her face, or any other part of her person. Witness went into the parlour to her mistress, and remained there five or ten minutes; when she returned to the kitchen, deceased's nose was bleeding, and it bled pretty much. Witness went again into the parlour, and remained about half or three quarters of an hour; on returning to thekitchen, deceased had her bonnet on and said she would leave that night, but Mrs. Vice prevailed on her to stop.
on the following morning, she got up and dressed as usual, but said she felt poorly, and did no work; she went to bed again about two o'clock. Witness observed nothing like a bruise about her face or head that morning, or on the evenng before. The noise witness heard in the parlour sounded
something like a blow, or as if some one had been pushed down; witness thought her master had pushed her down, but she did not shriek, or call out for help.
She remained in bed from the Friday afternoon till the following Monday, when she was removed to her mother's, at Stythians, in a carriage. While at Mr. Vice's, witness saw her every day, and she had every attention paid her. She had been in Mr. Vice's service about a fortnight, and during that period witness had seen her nose bleed several times. There had been no falling-out between her and Mr. Vice before that evening, but she had been impertinent to him the evening before.
Witness heard her say to Mr. Vice in the kitchen that she would make him pay for it. After her nose had stopped bleeding, she appeared as well as usual; it began to bleed about ten minutes
after she came out of the parlour.
- WILLIAM PARSONS, in the employ of Mr. Vice, deposed that on the 25th ult., deceased went out to the fore-door about nine in the evening, and remained talking to some one about twenty or twenty-five minutes. Mr. Vice called her in, but she said she would remain there as long
as she liked. On the following evening (the 26th) she went out about half-past eight, and returned about twenty minutes before ten; her master then called her into the parlour, but witness heard nothing of what took place.
When she came out of the parlour she went to the back-kitchen, and witness, who was there, saw no blood about her. She was smiling, and did not appear particularly excited, but said her master had struck her. Witness said "nonsense, I don't believe it" and she then smiled again. Witness could not believe his master had struck her, as he was not that kind of man; he had been with him six years.
She remained in the back-kitchen five or ten minutes, and witness left about five or ten minutes after that, but before he went away, Mr. Vice came into the back-kitchen; witness did not observe that he was particularly excited, and he said nothing about what had taken place in the parlour.
Deceased told witness when she first took her place, that she felt poorly, and did not think she was strong enough for her work. When she went out on Thursday evening, she told witness she was
so poorly she was going to see the doctor. Witness saw her down stairs the next day, and Amelia Paine told him her nose had been bleeding a good deal, but she did not say much about it herself, although she complained of being poorly. When she was taken to her mother's, witness and AMELIA CLARKE went with her; she was then very ill, but did not appear the worse for the journey; she ate biscuits and drank spirits on the road. She walked along the passage and got into the carriage without much assistance; witness helped her a little.
- MARY WEBBER, sister of deceased, saw her in bed the Saturday after she had taken to it. She said 'My dear Mary, I thought I should never have seen you any more." She said her master had given her a violent blow, which had caused her great illness, that her nose had bled about two quarts, that no one was present to see the blow, but her fellow servant had heard it, and had heard her shriek. On the following Sunday, she told witness she had asked MR. TRURAN if she was fit to be removed to her aunt's at Point, but he did not satisfy her.
- JOHN RICHARDS, brother of deceased, saw her the day after she had been brought home to her mother's house. She was in bed very ill, and said her illness arose from a blow she had from her master. She complained of her head, and said the blow was on her left temple; that she bled a quart the evening she receive it, and a great deal more the following day. She was not in her right senses for more than a few minutes at a time, from the time witness saw her till she died. He did not observe any bruises about her.
- MR. TRURAN, surgeon, Truro, deposed that deceased called on him on the 26th of July, twards evening. She was labouring under slight febrile attack, and complained of pain to her head, chillness, lassitude, pain in her loins, and restless nights, and he gave her medicine. on the
following day he was sent for to see her at MR. Vice's, and found her in bed, but she appeared much the same in health as on the previous evening.
She said her master had struck her on the head, and that she had lost a quart or two quarts of blood, witness was not certain which, but from the state in which he found her he did not think it possible she could have lost so much; the system did not indicate a loss of blood to any great extent. She very likely lost some, and it was very natural to infer from the symptoms that a loss of blood might have taken place from a spontaneous effort of nature to relieve the pain in the head of which she complained the evening before.
She did not direct his attention to any bruise or injury about her person, nor did he observe any. he attended her to the day of her being sent to her mother's, and she continued much the same. He made no objection to her removal to Point. If she had lost a large quantity of blood, he could hardly have failed to observe the effect on the system.
- Mr. SPRY, surgeon, Truro, saw deceased on the 30th ultimo, at the request of mR. VICE, who said Mr. Truran had reported she was in a fit state to be removed, but he (Mr. Vice) was unwilling she should be, until witness, as the usual family medical attendant, had also seen her. She complained of pain in her stomach and bowels, that she had been thirsty and restless, that the pain in her stomach was not fixed, but sometimes severe, and at other times scarcely felt.
He examined her very minutely, but discovered no signs of inflammatory action. Her pulse was good
and regular, and she was in an excitable and nervous state, and appeared dissatisfied with the amount of attention paid to her. He asked her if she had anything to complain of, to which he had not alluded, and she replied no, that she had stated the principal seat of her complaints.
There was no bruise or mark on her temple, or elsewhere about her face, at that time. He had heard nothing of her having received a blow nor did she allude to anything of the kind. Being satisfied that she might be safely removed, he asked her whether she would like to remain in town, or go into the country, as, if the former, Mr. Vice had instructed him to procure lodgings for her and a suitable attendant, and that she should be removed in a sedan chair; but if she preferred going to any of her relations, a carriage should be provided for her.
She declined to be removed at all, until she had seen her sister in the evening. She was perfectly sane, and showed no sign of having lost any large quantity of blood.
- Mr. RICHARDS, surgeon, of Redruth, was sent for to visit deceased, and saw her on Tuesday, the 1st instant, in bed, when she was labouring under the usual symptoms of a feverish attack. He prescribed for, and heard no more of her till the following Friday, when being told she still
complained of reat pain in the head, he ordered a mustard poultice to be applied between the shoulders at the back of the neck, and told the messenger if that did not relieve her, to let him know, and he would see her. Last Saturday, on going to the house, he found her dead.
When he saw her the first time, she said she had received a blow on her head, and had lost a quantity of blood, but he saw no external mark of injury.
That day he had made a post mortem examination, MR. MICHELL and his assistant being present all the time; and MR. TRURAN and MR. SPRY at the latter part of the examination. He found that inflammation of the brain had existed; the heart was perfectly healthy, but the lungs were
very extensively inflamed; the other parts of the body were healthy. The cause of death was inflammation of the lungs, or brain, perhaps both.
There were no external marks of violence about the body, and he could not trace the effects described to any external injury. He did not recognize any symptoms of inflammation of the lungs or brain when he first visited deceased.
- Mr. SPRY concurred in the evidence given by Mr. Richards with reference to the post mortem examination, and described more particularly the condition of the lungs, which he considered to present the most unequivocal evidence of having been acutely inflamed, that the right lung
especially was completely hepatized; and that congestion of the brain was the inevitable result of that state of the lungs, which was necessarily fatal to life, inasmuch as they were totally unfit to carry on respiration.
- Mr. TRURAN concurred with Mr. Richards and Mr. Spry, and the jury returned a verdict of "death from natural causes," in conformity with the evidence of the medical witnesses.
An inquest was held on Monday last, before MR. HAMLEY, coroner, on the body of JOHN PEARN, of Boscastle. Deceased was an old man about seventy-five years of age, and was found early on Sunday morning last, at the bottom of the cliff called "Black-a-pit," which is about two hundred feet high, his bones and body being broken and mangled in a shocking manner. The jury returned a verdict of "found dead."
An inquest was held on Wednesday last, at Colvennor farm, Wendron, before MR. HICHENS, coroner, on the body of MR. WILLIAM DUNSTAN, late flour merchant and corn-factor of Falmouth. For some time, deceased, who was aged 49 years, had been afflicted with epilepsy (brought on by reverses in
fortune and losses in trade) which greatly affected his mind and memory. On Wednesday last, he was seized with paralysis, which rendered him speechless, soon after which he was attended by MR. HARRIS, surgeon, of Redruth who pronounced the case to be hopeless. Verdict, "died by the
visitation of God."
EXETER DISTRICT COURT OF BANKRUPTCY Before MR. COMMISSIONER BERE
Re THOS CAIRNS, draper, Redruth. A first and final dividend of 2s. 7 1/2d. in the pound was declared.
THURSDAY, AUGUST 9
Re FRANCIS PAYNTER, of Penzance, attorney. This case has excited much interest, the bankrupt having been in large practice as a solicitor at Penzance for many years, and holding several public offices in the county of Cornwall. Several examinations have taken place, and at length
the bankrupt's examination was adjourned sine die, the Court not being satisfied with the statements made by the bankrupt, as to his transactions with MR. NICHOLLS, a creditor.
[In 1834, Mr. Nicholls lent bankrkupt GBP 500, for which he gave him a security; bankrupt again borrowed GBP 500, for which he had given Mr. Nicholls a promissory note for GBP 300. The question was whether that security given was a legal charge or equitable mortgage. As both parties agreed to the facts, the only question was one of honesty; did bankrupt truthfully portray his debts, etc.]
His Honour, having reviewed all the circumstances of the case, concluded an elaborate judgment by deciding that bankrupt was entitled to pass his last examination.
CORNWALL COUNTY COURTS
Truro - This court was held on Friday last, when the only case of interest was the following:
EARLE v BARLOW - The plaintiff was MR. FREDERICK EARLE, of Falmouth, and the defendant, Mr. THOMAS BARLOW, of Truro. Plaintiff stated thatabout the middle of 1841, he became agent at Falmouth for the Cornish Equitable Building and Investment Company, of which defendant was secretary.
[Some people at Falmouth bought shares, and in his quarterly report he showed receipt of the money, as well as printing costs the director had asked him to incur; he gave the money to Mr. Barlow, and submitted a copy of the printing bill. He never received reimbursement, and
when he decided to leave the company, did not receive his money. He cited a record he had from the company, showing the debts. As the manager, MR. PEACE, had "made himself scarce", Mr. STOKES, for the defendant, moved the case be adjourned,so the accounts could be examined. Mr. Barlow
swore he did not receive any money. He was confident he could find a receipt from Mr.Earle which would account for the entry, which he said belonged to a previous account. He had made up a "subscriber's balance sheet"; however, the young man who assisted in drawing it was dead;
unfortunately he was the only one who could explain it fully. Mr. Stokes,then maintained Mr.Barlow should not have to pay Mr. Earle out of his own pocket for obligations of the company.]
The Judge said if it could be shown that defendant had taken credit for the money in the account,
he might be sued for 'money had and received." The case was then adjourned to the next court. During his testimony, Mr. Barlow mentioned that advances had been made on property, from which source money would continue to be paid to the society for fourteen years, and a fund would
accumulate for meeting liabilities.
HELSTON - This court was held on Monday last, when the cases entered for trial were of a very trivial nature, and scarcely occupied the court an hour in hearing.
PENZANCE - At this court, held on Tuesday last, .. four cases were entered for trial, but about one-half of the number were previously settled.
24 AUGUST 1849, Friday
LOCAL INTELLIGENCE
THE CROPS - A farmer of the hundred of Trigg gives us the following information respecting the crops
in that district: "The harvest in this neighbourhood is rapidly progressing, and one can now form a
pretty correct idea as to the state of the crops. The barley promises to be an abundant crop both as
regards quality and quantity, I should say much better than we have had for several years past. The wheat
crop is on the whole, I think, quite an average one. The old Cornish white wheat is not so good as some
of the new sorts, neither is it grown to the extent as formerly. The red chaff and purgatory wheats are
now become general in this neighbourhood, and I am glad to say that this year we have a splendid crop of the
same. The latter is an entirely new sort of wheat; it was first introduced into this district by a gentleman
about five years since; it is now grown to a great extent, and on STRONG land I should recommend it in
preference to any other. I have grown it for the last three years, and it has each year answered exceedingly
well. The early sown turnips and mangolds are very fine, but the late sown ones are not so well. We have the
potatoe disease with us, but I am very glad to say not to the extent as last year; the quality of the potatoe
is much better than we have had it since the disease first made its appearance."
We learn that in the district around Bude, the harvest is proceeding favourably, the crops are abundant, and
much wheat has been saved in good condition during the past week.
In the neighbourhood of Fowey, the harvest is progressing slowly, and the crops are excellent. Should there be
favourable weather a great deal of corn will be saved in a week or ten days. The potatoes are a little injured
by the disease.
HARVEST FESTIVAL AND SUNDAY SCHOOL TREAT - Tuesday last, being the anniversay day on which the children of the
Falmouth National Day and Sunday Schools received their treat of cake and tea, the rector, the REV. W. J. COOPE,
availed himself of the opportunity to have a religious service in the church in thanksgiving to God for the
bountiful harvest. The children, to the number of three hundred and eighty, met in the school about ten o'clock,
and formed in procession and walked through the town to church. They were preceded by a band of music, which
played suitable airs. Eight of the female teachers were tastefully dressed in white, with veils thrown over their
heads, the body of their dresses ornamented with green wreaths, and the town coat of arms was carried before them.
A sheaf of wheat was int he centre of the procession, decorated with a garland of evergreens and flowers, and
supported by six young lads in the character of reapers. They were all dressed alike, jackets off, sleeves tucked
up to the elbow, red sash around the waist, and each carrying a reap hook. Here and there floated a banner with an
inscription, amongst which we observed "Remember thy Creator in the days of thy youth," "The church of the Living
God, the pillar and the ground of truth". The procession halted near the Fish Strand, where it was joined by the
rector and several clergymen, and then proceeded direct to the church, which was attended by an immense congregation,
the church being crowded in every part. MISS EMILY COOPE, second daughter of the rector, a young lady of eighteen,
presided at the organ, and opened the service by playing 'God Save the Queen;" each of the clergymen took part in the
duties, and a full choir chaunted the responses usually read by the clerk and people. Miss Coope's style of playing
is far superior to what may be expected from one so young, and the precision with which she executed several difficult
pieces of music of the first masters excited the admiration of all who had the pleasure of hearing the performance.
The REV. EDWARD DIX, of Newlyn, preached the sermon from the cv. Psalm and 1st verse; and at the close a collection
was made on behalf of the schools, when upwards of GBP 10 were collected. At two o'clock, Mr. Coope's grounds at
Gyllyndune were thrown open to the parishioners, and a splendid ordinary was laid out in a marquee on the lawn,
for any who might choose to partake at 2s. a plate. The interior of the tent was prettily ornamented; three glass
chandeliers hung from the centre, and the sides and ends were festooned and garlanded from top to bottom. Nearly
three hundred sat down to dinner, which comprised joints and dishes of every description, and all the etceteras, to
which seemingly every one did ample justice. On the removal of the cloth, there was the usual course of speechifying,
the guests drinking to the health of the rector, who made the customary acknowledgment. The young folks were then
allowed to amuse themselves until about five o'clock, when nearly four hundred were served with tea and cake. As
soon as they finished, the visitors (nearly the same number) partook of a similar repast; and never before did we
hear such a clatter - such appeals for tea, milk, sugar - and yet the attendance was most prompt and efficient. But
consider, nearly four hundred handling cups and saucers, and the largest proportion of them ladies; why the music
of the instruments was lost in the din; and the cakes, how quickly they were dispatched; "nice cake," said one,
"rich," said another, and it was gone; the only record of its existence was a few straggling crumbs and the praises
of the guests, and the quantity of water steaming about, and the fragrant odours of flowery pekoe were themes of
general remark. There was, indeed, no lack of anything, and after a deal of bustle and innocent joking, tea was
finished, and then commenced a variety of old-fashioned sports. Climbing a pole for a haunch of mutton afforded
considerable merriment; the various manoeuvres resorted to by the boys to get to the top; their all-buts and downfalls
excited many a peal of laughter; they eventually accomplished the feat by means of a rope-becket, amid the hurras of
the spectators. Jumping in bags for prizes, and amusements of similar character were continued until near dusk,
when the day was finished with a general dance all through the grounds. The utmost satisfaction was given, and the
whole will long live in the recollection of the youngest child present.
ST. IVES - WESLEYAN METHODISM - After a residence of nearly twelve months, the REV. THOMAS NEPTUNE HULL, left
ST. Ives on Tuesday last, for London, where he will embark for Adelaide, in South Australia, as a missionary in that
place. He preached his last sermon at St. Ives on Monday last, to a very large congregation. MR. Hull's visit to
St. Ives was under very peculiar circumstances. It will be remembered that at the Conference of 1848, the Rev. Mr.
LOWE was appointed to the St. Ives Circuit, but owing to some religious scruples, he did not fulfil that appointment.
Mr. Hull, therefore, who was home from Gibraltar mission, and not appointed to any circuit, was requested to supply
the place of Mr. Lowe until the late Conference, as arrangements for his leaving for Australia were not fully matured.
Never did a minister win the affections of a people more completely than Mr. Hull has done during so short a stay among
them, and in return he assured them on Monday last, that he should ever consider the time spent in St. Ives as amongst
the happiest days of his life. During the last year, upwards of three hundred members have been added to the St. Ives
Society.
ST. LAWRENCE FAIR - This fair, held near Bodmin, on Tuesday, was very small as to the supply of [animals]. It was the
dullest fair which has been known for some years, and though many beasts were eventually sold, it was at a great depreciation
of prices.
REDRUTH COUNTY COURT - At the monthly sitting of this court on Thursday and Friday last, ..eight complaints were entered,
but only one case was of interest. BICKFORD, SMITH and DAVEY sought to recover from THOMAS NICHOLLS GBP 2.6s. for safety
fuses supplied to North Tolgus mine, in which defendant was an adventurer. Defendant demurred on account of plaintiffs
having, at a previous court, obtained a verdict against J. T. KITTO, for the same debt, on which execution had been levied,
and no effects found. MR. PASCOE, for defendant, therefore contended that his client was not liable, and the Judge gave a
verdict in defendant's favour.
GEORGE AUSTIN, of Redruth, confectioner and baker, petitioned as an insolvent, and was granted the protection of the court
till the 13th of September next.
LAUNCESTON COUNTY COURT - At this court, held on Wednesday last, there were but twelve cases entered for trial. In the
suit of HICKS v. PARSONS, and another, plaintiff was executor of ANDREWHICKS, deceased, and as such sued defendants for GBP
10.14s.1d. on a promissory note. Defendants admitted their signature to the note, and judgement was given for plaintiff with
GBP 4.6s.3d. costs.
In the next case, SARAH HEARD sued MARIA METHERALL for an assault, by striking her, and pulling her round the house by the
hair of her head. The damages were laid at GBP 1. MR. PETER, solicitor, appeared for plaintiff, who stated, that on the
4th of August, Mrs. METHERALL came to her house and commenced slapping her face, taking her by the hair, and pulling her
about the house for something she had said to a Miss BLAYE. Miss BLAYE was then called and deposed to the assault by defendant,
and MARY HEARD, the mother of the plaintiff, confirmed the statement of the other witnesses. MRS. METHERALL was next sworn,
and made a long statement as to her general deportment and mildness of character. His Honor deferred giving judgment until the
next court.
- Protection was granted to THOMAS WILLS, of Lewannick, an insolvent, lately resident in Jamaica, and the first examination was
ordered to take place on the 19th of September next.
ANTIQUARIAN RESEARCHES - In the parish of St Cleer, in an uncultivated inclosure, is the celebrated grave and monument of
DONNERT, or DUNGERTH, king of Cornwall, who is said to have been drowned in the year 872 or 873; consequently, this monument must
be more than 900 years old. It has been distinguished by two large masses of granite, one sculptured but not inscribed, standing,
or erect; the other in an horizontal position, bearing the following almost obliterated inscription, in a character partaking both
of the Saxon and Roman alphabets - "DONIERT rogavit pro anima." The words themselves, have been variously interpreted; but all
concur in this, that the monument was erected to induce strangers to pray for the soul of the deceased. A few days ago, a company
of gentlemen from Devon, well known for their antiquarian researches, came here on an exploring adventure; they set some six or
eight miners to work, who soon raised an horizontal stone,, and fixed it in an erect position, sunk to the depth of about ten or
twelve feet, when they discovered a spacious vault in the form of a horizontal cross, the superincumbent earth being supported by
masonry. This discovery coincides with the result of a similar examination which took place in the reign of Charles the Second,
by a company of tinners in the pursuit of hidden treasure; soon after which the principal stone fell from its original position.
In all probability, the depository of the bones or ashes of Doniert had been disturbed before the period referred to, as nothing is
said to have been discovered but the untenanted mansion.
INSOLVENT DEBTORS - Mr. THOMAS COMMINS, jun., of Bodmin, solicitor, has been appointed by the court for relief of insolvent debtors,
as attorney of such court, to practice on behalf of prisoners in custody in the gaol of Bodmin.
PILCHARD FISHERY - Several large shoals of pilchards have been seen off Newquay, but too deep for the seans. A driving boat was out
on Tuesday night, and took about half a hundred of fine pilchards; there an abundance of fish, but they would not go to net. At Charles-
town the drift boats have been bringing in from 3,000 to 4,000 a night each boat, during the past week. At Fowey the drift boats have
taken good catches of pilchards, which have been sold cheap, but at present the seans have done nothing. Great quantities of fine
mackarel have been caught by the hookers. Since our last, the Mount's Bay driving boats have taken but few pilchards; hake are on the
coast, and a few hundreds have been caught.
RELIEF FOR MEVAGISSEY - We understand that the mayor of Lostwithiel has received contributions to the amount of GBP 26.5s., for the
afflicted inhabitants of Mevagissey. At Penzance, a subscription list has been opened for the relief of the poor of Hayle and
Mevagissey, and most of the contributions are very liberal. On Sunday last the sum of GBP 2.5s. was collected for Mevagissey at
St. Clement's church.
SANITARY STATE OF CORNWALL - TRURO - We are requested by MR. GEORGE HALL, the surveyor for the Truro commissioners of paving and
lighting, to call the attention of parties who have accumulations of filth on their premises which they are desirous of removing, to
the advantages of using Sir WILLIAM BURNETT's disinfecting fluid, a quantity of which has been ordered by the board of guardians at
the suggestion of Dr. PADDON. MR. HALL states that he has used it in more than fifty cases in the past week, during the removal of
most offensive nuisances, with excellent effect, and by the use of it, nuisances may even be removed in the day-time. It is recommended
that all housekeepers should provide themselves with this fluid, which may be obtained of any respectable druggist. We regret to state
that cases of cholera have occurred in this town, though generally the locality is particularly healthy. The attacks have been on
elderly persons, and on those who have subjected themselves to improper exposure, or have indulged in some excess of diet. There has
not been a single attack where these points have been regarded, together with cleanliness in habits and habitations.
MEVAGISSEY - We are happy to state that the report from Mevagissey is much more favourable than before. We have been furnished by
Dr. PADDON with the following returns of cases and deaths, from Thursday, the 16th instant, to Wednesday last, the 22nd instant:
AUG. 16.......Diarr. 7...Ch. Diarr. 0...Malig Ch. 1...Died 0
Aug. 17...............17................1.................6............3
Aug. 18...............16................0.................4............3
Aug. 19............... 8................1.................1............0
Aug. 20...............12................2.................3............2
Aug. 21............... 0................0.................0............0
Aug. 22...............
3................1.................0............1
TOTALS
83................5.................15...........9
Our report for the previous week showed the number of deaths to have been 27, and of malignant cases, 56, so that the above return exhibits
a very decided decrease. This may be partly attributed to the disease having expended itself, and in part to the admirable sanitary
arrangements carried out under the direction of MR. ROBERT BOWIE, jun., the inspector fromt he General Board of Health, London. The
medical staff has already been reduced by one, and will probably be further reduced in the early part of next week, the attention of
those remaining being principally directed to carrying out the sanitary measures suggested by the Board of Health. The encampment of
the people at Port Mellon has been found to answer admirably in checking the progress of the disease, not a single attack, either of
severe diarrhea or of cholera, having occurred to any of the parties located there. An engineer from the General Board of Health was
expected at Mevagissey on Thursday, who will offer the Mevagissey Board of Health suggestions for more effectually draining and cleansing
the town. It is intended at once to open all the houses which have been shut up, for the purpose of fumigating and disinfecting them,
and when placed in a condition satisfactory to the medical men, the inmates will be permitted to return. During these necessary operations,
it has been determined by the board of health, that the fishery shall be suspended, in order that the medical staff may have a sufficient
number of men to effect what is requisite; and it is thought that with the labour at command, a week will suffice so thoroughly to improve
the conditions of the town, as to justify the inhabitants in returning to their dwellings. We are requested to correct an error into
which we inadvertently fell last week. MR. ROBERT BOWIE, the inspector from the genral board of health, was not present at the breaking
open of the door of MR. KENDALL's fish cellars at Port Mellon; nor were they broken open by MR. BOWIE's orders.
LISKEARD - This town continues healthy, and there are no deaths from cholera.
CALLINGTON - There have been five deaths from cholera since our last report, but it is hoped ath the disease is abating.
BUDE HAVEN - This place continues to be very full of visitors, and very healthy.
FOWEY - On Thursday, the 16th instant, a stranger or tramp was taken ill, evidently with premonitory symptoms of cholera; it is strongly
suspected that he had been working at Mevagissey. MR. ILLINGWORTH, surgeon, as soon as he heard of it, had the man taken into his own
house, and administered proper food and stimulants, until arrangements were made for the reception of the patient in the house at the head
of the town, kindly granted by MR, TREFFRY for a temporary hospital, Here every attention was paid to his comfort by Mr. Illingworth and
others, and two young women nobly, and in the most modest manner, volunteered their services to nurse him without any hope of reward, and
well have they fulfilled their offer, thus showing that true Sisters of Mercy, even without the badge, are to be met with in every place
where woman is to be found, honour to their names. On Friday morning the case assumed a most serious aspect, and it was thought right to
place him in a warm bath. Several of the inhabitants assisted Mr. Illingworth to do this, and we are happy to state that under the skilful
treatment of Mr. Illingworth, and the assiduous care of his kind nurses, though still weak, he is in a fair way of recovery. The sanitary
committee, duly appreciating the humanity and moral courage of the two young women, passed a warm vote of thanks to them, at their meeting
on Saturday night, and have also stated that their sense of the value of their services will not end with that alone. The town otherwise is
quite healthy.
LOSTWITHIEL - Reports have been circulated that several cases of cholera have occurred here, but our correspondent states that not a
single case has been known in the town, which was never more healthy than at present. Only one death has taken place here for more than
two months, from any cause.
ST. AUSTELL - We are happy to report that this town continues in a healthy state.
HAYLE - We regret to state that the prevailing epidemic, which appeared to have nearly subsided at the time of our last report, has again
made its appearance in the village of Guilford. Twelve deaths have occurred during the week, chiefly in that locality. It is, however, to
be hoped that the virulence of the disease has been considerably checked, there having been no fresh cases on Wednesday last. It is
ascertained that morbid fear has greatly contributed to induce the malady in some few cases. Collections were made on Sunday last in
Phillack Church, and the Wesleyan and Baptist Chapels, to meet the emergencies arising from this awful calamity. The Board of Health
continues active in its operations for the removal of filth, &c., supplying food and other necessaries to the destitute and afflicted poor.
PORTREATH - We are happy to state that no symptom of cholera has appeared in this village. Last week, a committee was formed for inspecting
the dwellings and premises of the inhabitants, and it was found that with a few exceptions they were in excellent order. The premises of
the lower classes did them much credit.
PENZANCE - At a meeting of the Penzance Town Council, on Saturday, nearly the whole of the medical men of the town being likewise present,
the subject of dividing the borough into districts was discussed, and ultimately it was decided that the medical gentlemen should consult
between themselves and select what districts they considered most advisable. It was decided that the districts should be very nearly the same
as those into which the town was divided for the distribution of the relief fund. Some matters of mere detail were also discussed and
arranged. A communication was read from MR. DARKE (now in London), having reference to the application of the provisions of the health of
town's bill to Penzance, upon which a memorial was adopted, and despateched that night, praying the privy council to make an immediate order
to allow operations to be forthwith commenced here. It appears that the delay is owing to the Queen's absence. The subject of the
sanitary conditions of the town was considered, and it appeared that everything in the shape of a nuisance had been got rid of, and that the
most stringent measures will be had recourse to, provided they be found necessary, to preserve the present remarkably healthy state of the
borough.
ST. JUST IN PENWITH - A meeting was held in the St. Just Institute on the 14th instant, to inqure into the condition of the parish, the Rev.
ROBERT AITKIN presiding. The opinion was, that several places in the parish, for want of effectual cleansing and drainage, were extremely
filthy and injurious to the healthful condition of its population. The parish was, therefore, divided into districts, to each of which a
visiting committee was appointed. A strict investigation by the visiting committees was strongly recommended by the chairman, but the
instructions laid down for the accomplishment of their object were chiefly founded on "Extracts from the General Board of Health." It was
also resolved that the ministers of the various denominations in the parish be requested to hold special services to implore Almighty God
to avert the malignant disease.
ST. ANTHONY IN ROSELAND - An inhabitant of Mevagissey, who had recently taken refuge here from the cholera, was attacked with it, suddenly,
on Monday week. MR. BOYNE was sent for and found him in a very solitary and destitute condition, in a cottage entirely alone, all the
inmates having fled, being overcome by alarm. Considerable difficulty was experienced in obtaining personal aid, or any of the necessary
requisites to resist the malady; these, however, were at last procured, and by a persevering and industrious application of medical agency,
the disease was overcome, and the young man is now restored to health. There is every hope, that as this occurred in a detached cottage, it
will prove an isolated case only, and not interfere with the general health of Roseland, which is at present perfectly free from any epidemic.
ACCIDENT AT PORTREATH - On Monday last, as EVAN JONES, mate of the "BURNCOOSE," FRANCIS, master, was looking into the hold of the ship, he
unfortunately lost his balance and fell into it. He was immediately taken to MR. ANGOVE's Inn, and MR. RICHARDS, surgeon, of Redruth, was
sent for. It was found that his head was injured, and collar bone broken, but by the skilful treatment of Mr. Richards, and the attention
paid to him, it is hoped he will soon recover.
FATAL ACCIDENT - On Monday last, a mason named CHARLES HAMLEY, whilst repairing the roof of a house at Lostwithiel, incautiously got on a
ladder without first securing it. When near the top it slipped out of the shoot on which it was resting, and the man fell into the street and
fractured his skull. He was immediately carried home, and died about an hour after the accident.
CORONER'S INQUEST - On Monday last, an inquest was held before MR. GILBERT HAMLEY, at St. Austell, on view of the body of RICHARD STOCKER.
It appeared from the evidence, that deceased left his home on that morning with his brother to go to work at Mr. MORCOM's iron mine; and on
arriving at the mine, deceased was seen deliberately to throw himself down one of the shafts, in which he was found dead, having fallen 12
fathoms. Deceased had been in a low desponding state for some time, but has appeared worse for the last two or three weeks, so much so that
his friends have continued to watch his movements. Verdict, "temporary insanity."
LETTERS TO THE EDITOR
CHOLERA CASE AT FOWEY
Sirs - My attention having been called to a paragraph in your last week's paper, relative to the treatment of a person who died here of cholera
on Sunday the 12th instant, I fell it a duty incumbent on me as secretary to the Board of Health at this place, as also in justice to the
inhabitants generally, to send you a statement of the FACTS of the case, and in refutation of the misstatements contained in the paragraph
alluded to; the facts are these:
On the morning of Saturday the 11th instant, a fishing boat, sailing out of Mevagissey, and manned by two persons named HENRY JOHNS (master)
and DANIEL OLIVER, arrived here; the men landed on the town quay, and shortly afterwards Oliver was noticed to be unwell. A surgeon
(MR. ILLINGWORTH) was promptly in attendance, who immediately prescribed some medicine, after taking which Oliver stated he felt better, and
ridiculed the idea of his suffering from cholera, - he resumed his work of mending a net and refused to take any more medicine, notwithstanding
he was urged to do so. About one or two o'clock p.m. Oliver showed strong symptoms of choleraic disease. Henry Johns was then requested to
attend him,, but he positively refused to do so, as did also the other friends of the deceased belonging to Mevagissey who are located here.
Under the reasonable fear that he might infect others if placed in an inn, Oliver was put on board a large boat in a warm and commodious cabin,
and a quantity of straw with blankets and jars of hot water placed around him - Mr. Illingworth attending him. It will be scarcely credited,
yet is nevertheless true, that at this time neither Johns nor any of the Mevagissey friends of the poor man would even consent to row the
surgeon on board. After he was placed on board the vessel, Mr. Illingworth visited him four different times, and was with him when he died.
The Rev. R. L. BAMPFIELD, the curate of Fowey, and MR. ARTHUR A. DAVIS, medical pupil, volunteered their services, and remained on board until
they were relieved at two o'clock in the morning by two men who remained with him to the last. Every possible attention and kindness was shewn
to the [poor man whilst he was alive.]
[the rest of the letter was cut off]
THE LATE INQUEST AT STITHIANS
Sir - The inquest on my late domestic having shown that her death was principally owing to a severe attack of inflammation of the lungs, occurring
after her return to Stithians, I might have left the affair altogether unnoticed, contented with the facts there adduced, were it not for the
absurd story repeated before the Coroner, of my having struck her, and of having thereby occasioned her illness, a statement which I had no
opportunity whatsoever of rebutting, although entirely without foundation.
I now ask permission, in justice to myself, to put forward, through your paper, my unequivocal denial that the poor unfortunate woman ever received
a blow from me. [Her assertion,] whether uttered from being out of her mind, or from some ulterior design, was, I declare, a wicked falsehood.
When she refused, in a very violent and impertinent manner, to leave the room on being ordered by me to do so, and having greatly alarmed Mrs.
Vice, I took her by the shoulder to push her out, on which she turned from me, opened the door of the room, and walked into the kitchen, where
she was met by Amelia Paine, as stated at the inquest. This is all the harm I did her; not sufficient, I am sure, to draw tears from a child.
While she remained with me, every care was taken of her; considerations of health for my own family rendered it necessary that I should have her
removed, and both Mr, SPRY and MR. TRURAN concurred that there was no danger in her removal. That I had a proper and humane regard about her
removal, the evidence of these gentlemen shall speak and I believe but for her perverseness in acting contrary to advice, she would be now alive.
I deplore from my heart that a fellow being should be prematurely cut off from life; the inquest plainly indicates the cause of death, but my own
conscience,more important to me yet, fully relieves me of any blame, or of having by any act of mine contributed to her end.
I am, Sir, Your most obliged servant,
W. L. VICE
Truro, August 22, 1849
31 AUGUST 1849, Friday
FROM THE LONDON GAZETTE
We regret to state that the cholera is still on the increase in London. The number of deaths last week was
1,276, and notwithstanding the measures in operation to combat the epidemic, 7,470 persons have perished from
its attacks in the metropolis alone. The number of deaths during the last seven weeks, from this cause, has
been as follows: 152, 339, 678, 783, 926, 823, 1,229, and 1,276.
LOCAL INTELLIGENCE
JUBILEE OF THE GENTLEMEN'S SUBSCRIPTION NEWS ROOMS, PENZANCE - This society was instituted in 1799, when there were only a dozen members, but it now consists of fifty annual members, besides an unlimited number of monthly subscribers.
On Saturday last, the members celebrated the jubilee of the institution, by entertaining their President, the Rev.
C. V. LeGrice, (the only surviving original member) at dinner at the Union Hotel. The party numbered about thirty, and
by virtue of seniority, COLONEL SCOBELL was Chairman, and MR. MOYLE, Vice-Chairman. The Assembly-room was tastefully
decorated with flags sent by MR. R. PEARCE, to whom the arrangements, by general desire, had been entrusted. The dinner
was most excellent, and the wines of first quality. After the repast, the usual loyal toasts were duly honoured; and the
Chairman next proceeded, in a speech replete with good feeling, to propose the health of their much respected guest, his
very old friend, Mr. Le Grice, which was drunk with loud acclamation. The Rev. C. V. Le Grice returned thanks at consider-
able length, and in his usual effective manner. He reviewed the improvements which had taken place in the town within the
last fifty years - the establishment of the Royal Geological Society, of the Public Library, and other valuable institutions -
claiming for his own cherished society the parentage of most of them. [He then adverted to his close connection to all the
inhabitants of the area, and thanked them for the regard shown him at this dinner. A toast was then drunk to the mayor, (Mr.
MILLETT) for the zeal with which he had carried out the cleansing of the town, and another to the medical men for their work
in the recent past, too.] The company separated about ten o'clock, after an evening most agreeably spent, and enlivened from time to time by various speeches.
SUNDAY SCHOOL ANNIVERSARY, ST. JUST - On Sunday last, two excellent sermons were preached by the REV. JOHN GOSTICK, of Camborne, in the Wesleyan Chapel, St. Just, on behalf of the Sunday School. Collections were made in aid of the funds, which amounted to GBP 6.13s.6d. The School contains, as furnished by the Committee's Report, 588 scholars.
BIBLE CHRISTIAN CONNEXION - The thirty-first Annual Conference of the ninisters and representatives of the Bible Christians
closed its sittings in Zion Chapel, Zion-street, Plymouth, on Thursday, August 2, 1849. MR. JACOB HUNT PRIOR was elected
President, and MR. JAMES THORNE, Secretary. Great harmony and Christian affection prevailed among the brethren while assembled together, and much of the Divine presence was realized while engaged in the services of the sanctuary. Seven young men, who had fulfilled their time of probation, were cordially received into full connexion, and four young men were admitted on trial. The statistics of the denomination are as follows:
Itinerant preachers, 128; local preachers, 1,130; chapels, 405; deaths, 170; emigrations, 255; on trial at Midsummer, 1,048;
members, 14,206; total, 15,254. Sunday scholars, 14,715; teachers, 3,369.
Increase for the year:
Itinerant preachers, 3; local preachers, 43; chapels, 15; deaths, 41; emigrations, 115; members 635; total increase of members, including those on trial at Midsummer, as compared with last year, 592; Sunday scholars, 1,496; teachers, 531.
The following are the stations of the preachers in this quarter.
Falmouth District: Penzance, W. BEER, T. JAMES, Another
Helston - W. Richards, W. COCK
Breage - JAMES BARNDEN
Gwennap - R. P. TABB, W. J. HOCKING
Truro - T. WOOLDRIDGE, W. LAKE,
R. P. TABB, Superintendent of the district.
Luxulyan District: St. Columb - T. BROOK, W. ALLINGTON, Another
Mevagissey - J. CHAPPLE, R. RODD
Luxulyan - E. J. TRIBLE, D. GERRY
St. Austell - R. KINSMAN, J. HANCOCK
R. KINSMAN, Superintendent of the district.
Scilly Islands: JOHN CHING, P. ROUNSEFELL, W. WELSH
SANITARY STATE OF CORNWALL - Truro - The prevailing epidemic visits this town very lightly, and appears to be leaving it. During the past week only one or two cases have occurred, and they have been confined to those who neglect the common sanitary precautions of cleanliness and attention to diet. The improvement commissioners are constantly engaged in cleansing the town; and Mr. GEORGE HALL and MR. PAINE deserve credit for their activity in searching out nuisances and having them removed, applying at the same time that very efficient disinfectant, Sir William BURNETT's solution of chloride of zinc.
Mevagissey - The number of cases in this town has much diminished, but the attacks that occur are just as malignant as before. From Thursday, the 24th instant, to Monday night last, there were five deaths, but we understand that since that time the health of the town has further improved. Some of the inhabitants are returning to their houses, and the Board of Health, under the direction of MR. ROBERT BOWIE, the government inspector, are most active in carrying out measures for the permanent improvement of the condition of the town. A government surveyor, from the General Board of Health, is also at Mevagissey, making suggestions for the more effectual drainage of the town, and other matters of sanitary importance.
Penryn - The health of the inhabitants of this town continues good, and there has not been a single case of cholera. The last time that the disease prevailed in this county, Penryn was but slight affected, which by some is accounted for from the fact that the town is full of gardens and orchards. At a little distance on each side of the town, the place at this season of the year appears like a wood, with rows of houses passing through it.
Falmouth - The sanitary committee meet twice a week, and are unremitting in their exertions to render the town free of nuisances. At their sitting on Monday, it was determined to divide the town into three districts, two of the committee being appointed to each, to investigate thoroughly allt he alleys, coutlages, mews, &c., to report thereon, and to take necessary steps for the removal or abatement of nuisances. It was also determined to apply for the co-operation of ladies in order to form a house-to-house visiting committee, and thereby afford medical aid to any premonitary symptoms of the prevailing epidemic. The propriety of enforcing upon the attention of all classes the absolute necessity of temperance and cleanliness was next entertained, and it was resolved to procure some thousand copies of printed instructions on this head for gratuitous distribution. The waywardens and guardians were in attendance, and placed themselves at the disposal of the committee to carry out their resolutions.
We are glad to find that our neighbours at Falmouth are so energetic, but if a recent communication of a correspondent is to be relied upon, they should direct their scrutiny to the condition of their churchyard. One of the assertions of our correspondent is so startling that we notice it to draw the attention of the authorities to the circumstance, that they may either rebut it, or remedy the complaint. He says, "the churchyard is so crammed with bodies that the gravedigger can scarcely go two feet below the surface in any part of the grounds, and that frequently, on excavating, the most disgusting and unseemly exhibitions take place, and the effluvia from half-decomposed bodies is so dreadful that the man is obliged to leave his work to obtain fresh air." He says, moreover, "that the sexton is obliged to bore the ground with an iron rod to find a clean spot for a child's coffin, and that it is frequently the work of half-a-day to obtain one." Surely, if one-half of this is true, it is high time for the authorities to bestir themselves, for it has been demonstrated over and over again by melancholy experience, that over-crowded burial grounds are the sources of pestilence to every neighbourhood where they exist. Is there no rector in Falmouth? Are there no churchwardens? Is there nobody to take cognizance of such pestiferous abomination, such outrage upon living, and mouldering humanity? For the sake of the lives of the inhabitants, we hope another week will not be permitted
to pass before an inquiry is instituted, and, if necessary, a remedy provided.
Hayle - there have been seven deaths from cholera during the last week; three at Guilford, three at Ventonleague, and one at Trevassack. It is evident, however, that the virulence of the disease is considerably checked in those localities, as the few cases which remain are of the milder form, and generally in a fair way of recovery. Copperhouse continues quite free from this epidemic.
Lostwithiel - This town continues perfectly healthy.
Liskeard - This town is still free from cholera, and considering the weather, is very healthy.
Calstock - This town presents the appearance of having been visited by a snow-storm, the outside of the houses being all lime-washed and the streets covered an inch deep with hot lime give one the idea of a town given over to the plague. Several deaths from cholera have occurred.
Callington - There have been ten deaths fro cholera since our last report. The hopes entertained of its abatement have not been realized.
Torpoint - There have been several cases of cholera in this town, many of them fatal. As yet the disease has not abated.
LARGE PRODUCE - On Wednesday MR. GROSE, of St. Austell, drew from one stalk of potatoes in his garden, above eight pounds in weight,; some of the potatoes weighed above three quarters of a pound each.
HARVEST FESTIVAL AND NATIONAL SCHOOL TREAT - We are informed that our account of the National School treat at Falmouth last week should have stated the number of children as four hundred and twenty-five, and of teachers forty, and that Miss EMILY COOPE is only sixteen and a half years old, instead of eighteen, as stated. Although so large a number of persons of all classes were perambulating the grounds, no mischief was done the shrubs, and even the flowers in the walks were uninjured. This is as it should be when gentlemen open their grounds for the public enjoyment, and does credit to those who visited Gullingdune.
FALMOUTH REGATTA - In consequence of there being little wind at the Royal Cornwall Regatta, and the public expressing disappointment because several matches did not come off, a meeting has been held at the Navy Tavern, when it was resolved that a regatta should take place early in September. A subscription has been commenced, the committee will be working men, and no trouble will be spared to render the amusements satisfactory to subscribers and spectators. Some classes of yachts will also be included which are not usually cared for in the Regatta regulations.
LONG WOOL SHEEP - Mr. B. SNELL, of Weyton, in this county, whose sale of long wool rams was held about a month since, attended the sale of MR. LARGE, last week, the celebrated long wool breeder in Oxfordshire, and purchased one of his best hogs, with the view of continuing to propagate that superior breed of sheep in this neighbourhood. It may be remarked that Mr. Large obtained four prizes amounting to nearly GBP100 at the Royal Agricultural Society's Meeting at Norwich this year, with sheep of his own breeding, and he was offered GBP 20 a piece for the five hog ewes that won a prize there.
LELANT FAIR - This fair, held on the 15th instant, was tolerably well supplied with fat and lean cattle. Fat cattle sold from 45s. to48s. per cwt, and store cattle at 34s. per cwt. The horse fair was large, and several bargains were effected. The weather being very favourable, there was a greater number of pleasure folks than have visited the fair for many years, who were highly gratified with the amusements afforded them.
NARROW ESCAPE FROM DROWNING - On Wednesday the 22nd instant, a youth about eighteen years of age, named JOSEPH CHENHALL, went into thesea, at St. Agnes, to bathe. Being able to swim, he went off into deep water, but either from loss of confidence or some unaccountable cause, he was observed to be sinking, on which CAPT. NANKIVEL, of the schooner "ST. AGNES." who was on shore at the time and saw the perilous condition of the young man, most courageously rushed into the water, swam off, and got hold of him, but could not bring him ashore, being too much encumbered with his own clothes. He however succeeded in keeping him up until two or three others put off in a boat and took him up. The young man was quite insensible, and but for the assistance rendered by Capt. Nankivel, he would have been irrecoverable; but by resorting to the usual means he was restored to life. This is the second person that Capt. Nankivel has saved from drowning at St. Agnes within a short period.
CORONER'S INQUESTS - The following inquests have been held before Mr. CARLYON, coroner: On Friday last, at Tolverne passage, on the body of FRANCIS HICHENS, aged five years. Deceased's grandfather who keeps the ferry, on Thursday, went across to fetch a horse with the small horse boat, and very imprudently left the child by himself in the large one. He cautioned him to take care and not fall over-board, but before he reached the other side, he saw him fall into the water. MR. ALFRED MICHELL, who was near the place in a pleasure boat, endeavoured to save the child, but without effect, and the body was in the water an hour before it was picked up. Verdict, accidental death.
On Saturday last, at Kennal, in Stithians, on the body of CATHERINE MARTIN, aged nineteen, who on the previous evening drowned herself in a pond near her master's house. Deceased was servant to MR. ROW, a miller, and was a very eccentric person, frequently going out late at night and wandering about alone. She had warning from her master in consequence, and was about to leave him. The jury considered the evidence as to her state of mind entirely sufficient to justify a verdict of temporary insanity; they therefore returned a verdict of suicide by drowning, but in what state of mind there was not evidence to show the jurors.
Also on Saturday last, at St. Mewan, ont he body of JAMES TONKIN, a miner, aged 43 years, who worked at Great Polgooth. On Friday last, they had been changing a box in the engine shaft, and deceased on his way up, fell from the sixty-eight to the eighty fathom level, by which he received such injuries as caused his death, shortly after he was carried to his house in st. Mewan. verdict, accidental death.
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