cornwall england newspaper
1849 NEWS
JULY
6 JULY 1849, Friday
TRIALS OF PRISONERS - THOMAS STEPHENS, jun., 18, pleaded Guilty of
stealing, on the 28th of June, at Pentewan, a coat, waistcoat, pair of
trousers, shirts, other articles of wearing apparel, and a silver
watch, the property of GEORGE ROWE. Three Months' Hard Labour.
THOMAS MACK, jun., 17, pleaded Guilty of stealing, on the 2nd June, at
Truro five pounds weight of brass, the property of JOHN RANDALL and
others, trustees of the congregation of Protestant Dissenters of
Bethesda Chapel, in the same borough. Mr. STOKES said the trustees did
not wish the lad to be punished severely; they had only taken up the
case for the sake of public example, and they recommended him to the
mercy of the court. One Month's Hard Labour.
CATHERINE BRYANT, 28, was indicted for stealing at Truro, five pairs of
trousers, the property of JOHN PLYMIN RAINS. Prosecutor said he was a
tailor living in King-street, Truro, and about seven o'clock in the
evening of the 23rd of March, he placed five pairs of trousers on the
counter in his shop. After he had gone in to supper he heard a
footstep in the shop, and sent out a little girl, who saw no person
there. After supper he went out himself, and missed the trousers.
EMMA BEHENNAH, whose husband is a pawnbroker in Pydar-street, Truro,
stated that prisoner offered to pledge a pair of trousers at her
husband's shop on the 13th of April. Having had information, witness
offered to advance 1s. 6d. on the trousers, and took them to Mr. Rains,
leaving prisoner in her house, but when she returned prisoner had left.
Mr. Rains identified them as his property. CHARLES JAMES, son to Mr.
James, pawnbroker, Truro, proved that prisoner pledged two pairs of
trousers at his father's shop (which Mr. Rains identified) on the 3rd
and 5th[?] of April. The trousers were produced by GEORGE PAINE,
police inspector at Truro, and the prisoner's statement before the
mayor, that she found the three pairs alongside the pump outside the
church yard, having been read, she was found Guilty. Four Months' Hard
Labour.
ANN DONEY, 25, was charged with stealing, at Bodmin, half a pound of
coffee, the property of Mr. THOMAS CLARKE. On Saturday, the 30th of
June, being market-day at Bodmin, prisoner and a woman called BUNT,
were in prosecutor's shop, where they asked the price of currants and
raisins, rice, coffee, and other things. Prisoner purchased rice,
sugar, and tea, but no coffee. They were in the shop a quarter of an
hour, and prisoner was close to that part of the counter where there
were some half-pound packets of mountain coffee, and some quarter-pound
packets. About a quarter of an hour after they had left, it was
discovered by HURST, an assistant in the shop, that one, if not two of
the packets of coffee had been taken from the counter. The parties
were pursued and found in the fish-market; and on their being requested
to return to Mr. Clarke's shop, the prisoner Doney was seen by
constable LAMPIER to throw a parcel into Mr. OLIVER'S coffee-room,
which on being produced was sworn to by the shop assistant as being one
of the missing packets, Mr. Clarke being the only agent in the town for
the sale of that particular kind of coffee. Verdict, Guilty. Four
Months' Hard Labour.
MARY ANN MUTTON, 24, was found Guilty of stealing, on the 24th of May,
three sticks of fire-wood, the property of MATTHEW WEEKS, of the parish
of Lezant. The jury recommended her to mercy. One Month's Hard Labour.
ELIZA NORTHEY, JANE NORTHEY, and MARGARET TURNER, were indicted for
stealing a quantity of potatoes, the property of RICHARD ISBELL.
Prosecutor is a farmer in the parish of St. Stephens by Launceston. On
the 18th of April he was at work with his servant, GEORGE TUCKER, in a
field, and saw at a distance of about a quarter of a mile, three
females going to his potatoe cave, which was in another field. The
servant went to the place, and hiding himself, saw them take potatoes
from the cave, which when at last they saw him, one of them threw from
a basket into the hedge. Guilty - Three Months' Hard Labour.
PRISCILLA MURTON, 14[?], pleaded Guilty of stealing, on the 12th of
May, from the person of ELIZABETH WILLEY, two shillings and three
pence, her property. Three Months' Hard Labour.
WILLIAM VINCENT - was charged with stealing a pair of trousers, the
property of THOMAS LANGDON. Prosecutor was working at Tywarnhayle mine
on the 25th of March, and left his clothes in the drying house.
Afterwards he missed them, and on the 11th of April, prisoner was found
wearing the trousers at Carn Brea mine, prisoner contracted to work at
Carn Brea on the day that the trousers were stolen, and a witness
deposed that he saw him wearing the trousers three days after that
time. Verdict, Guilty. Four Months' Hard Labour.
JOHN ALLEN, jun., 20, was found Guilty of stealing, on the 30th of June
at the parish of St. Austell, two fowls, the property of JONATHAN
PEDLER. Four Months' Hard Labour.
RICHARD KELLOW, 22, was charged with stealing at Davidstow, a quantity
of coal. The Rev. Mr. GILLARD having employed Mr. FRENCH to fetch him
some coal, the latter sent the prisoner with a waggon and horses to
Boscastle for it. In consequence of information Mr. French went to met
him, and discovered that coal had been taken from the waggon, a bushel,
which was above weight, having been brought by prisoner for JANE
GREENWOOD. Guilty. Three Months' Hard Labour.
JOHN TABB, 32, pleaded Guilty of having, on the 15th of April, stolen
about three gallons of flour, the property of THOMAS SALMON, of Little
Petherick. He also pleaded Guilty to a charge of former conviction for
felony. - Seven Years' Transportation.
JOHN JAMES HOSKING, 52, was charged with entering a building in the
courtlage of the house of JAMES ANDREW of Gwinear, on the 11th of May,
and with stealing therefrom six fowls, three ducks, and a drake. The
prisoner was found Guilty, and a former conviction for duck-stealing
was proved against him. Seven Years' Transportation.
LARCENY BY PRETENDED BETTING - FRANCIS COCKS, 29, JOHN PASCOE, 25,
and JOHN HOTTEN, 18, were charged with having stolen five sovereigns,
the property of HENRY HAWKE, a farmer of St. Columb, on the 5th of
April. Mr. SHILSON conducted the prosecution; Mr. BENALLACK defended
the prisoners Cocks and Pascoe; Hotten was undefended. Henry Hawke,
the prosecutor stated:- I am a farmer living at St. Columb, and was at
St. Austell fair on the 5th of April; and about eleven o'clock in the
morning, I was accosted in the street by the prisoner Hotten, who asked
me if I would take some bills into the country about a horse that was
lost. I consented to do so, and Hotten asked me to go with him and
have a glass of ale. I went with him to Vivian's public-house, and
there saw the other prisoners with a glass of ale before them. Hotten
called for a pint of ale; and handed a glass to me; I sat down with
them; and after we had sat there some minutes, Cocks began to talk
about a friend of his in Australia, who had sent him a present of a
box. He took out a box and showed it, and Pascoe said it was a neat
complete thing, and Cocks said there was a sixpence in it. Pascoe then
rose up, looked at the box, and delivered it to me and Hotten to look
at; and I asked Cocks how he opened it. Cocks said he had a few lines
from his friend in Australia telling how to open it. Cocks then left
the room, and Hotten held the box. After Cocks had left the room,
Pascoe opened the box, and took out a sixpence from it, and put in a
button. He then shut the box and put it on the table. Cocks then
returned into the room, and Pascoe said he did not think that there was
a sixpence in the box. Cocks said he was sure he had a sixpence there.
Some words passed between them; and Pascoe asked me what I thought. I
said I hardly thought there was a sixpence there. After some time
Cocks said he would bet ?5 that there was a sixpence there. Pascoe
said he would bet five shillings, but he could not rise ?5. Cocks
appeared to be in a rage, and said there was no one in the room who
could rise ?5; I said "you don't know that; perhaps there are those in
the room who can raise ?5 as well as you." Then Cocks left the room
again for a minute or two; and Pascoe said to me, "why don't you bet
him, if you have the money? You can bet him on these grounds, that the
one who loses shall be a gallon of beer, and take up his five pound; we
should like a bit of fun to deceive him." Then Cocks returned, and
began to talk about betting, saying he would bet ?5, and not as little
as five shillings. After some time, I said I don't care if I bet you
on this ground, that the lower shall be a gallon of beer. Pascoe said
that that was the condition; but whether Cocks sanction that or not, I
don't know. Cocks then handed over a piece of paper to Hotten, and
said to me "there is five pounds for you to cover." I covered it with
five sovereigns and Hotten retained the money. Cocks then rose up,
opened the box, and took out a button, and under that he took a
sixpence, and said, "now the bet is mine;" and said to me, "you must be
a gallon of beer;" and went to the door and said "I will call for a
gallon of beer." Previous to this Cocks had got the money out of
Hotten's hand. Hotten handed it over to him. After Cocks said he
should call for the gallon of beer, he went out at the door to call for
the beer. I waited two or three minutes and then went to the door and
could see no more of Cocks. The other two had, at the time, come out
of the room with me, and left me at the door. I watched for nearly two
hours about the town, but could see nothing of them; I was watched
about the town by another man, so that I could not go to give
information. I went up to the fair, and brought a little bullock. In
the evening, I left the town, driving away the bullock; and as I was
going out on the turnpike, I overtook Pascoe and Cocks, and saw them
without their seeing me I believe. Pascoe then had the box; and Cocks
was walking by the side of a wagon making a bet with the driver that
the little horse would draw more than the big one. I then turned back
into the town, and gave information. I never had my money back again.
No hand-bills were produced by either of the prisoners at the
public-house; and nothing was said about the horse that was said to be
lost. I did not see Hotten again for some weeks, when he was
apprehended and brought to justice.
WILLIAM HAM, constable of Saint Austell, apprehended the two prisoners
Pascoe and Cocks, in the evening of the 5th of April, at the London
Inn, in St. Austell. Afterwards, some women came there, and in
presence of the prisoners, offered to pay the money back again. The
men said "no." Afterwards, at the lock-up house, Cocks said if it had
been twice as much, he would have had it. Cocks and Pascoe asked him
if he would send to the prosecutor and ask him to make it up on their
paying three sovereigns. Mr. BENALLACK addressed the jury on behalf of
his two clients; and the Chairman then summed up, citing to the jury on
the law of the case KING v. ROBSON, to the effect that where the
prosecutor was induced by a preconcerted scheme to deposit his money
with one prisoner as a deposit on a pretended bet, and the stakeholder
afterwards, on a pretended bet, and the stakeholder afterwards on
pretence that one of the party had won the wager, handed over the money
to him, this was held to be larceny. The jury found all three
prisoners Guilty. - Nine Months' Hard Labour.
JOSEPH SNELL, 41, JOHN MAY 36, and JOHN WATTS, 21, were charged with
stealing six bushels of wheat, a quantity of potatoes, and eight fowls,
the property of Mr. JOHN PENHALLOW PETERS, on the 2nd of April, at his
farm of Treveans, in the parish of Philleigh:- Mr. DARKE conducted the
prosecution; Mr. STOKES (for Mr. BENNALLACK) defended May. The
property forming the subject of this indictment, was, it appeared, seen
secure and in place on the 2nd of April; and, on the next morning it
was missed by prosecutor's servants - the wheat and fowls from a barn
and outhouse, and the potatoes from an adjoining field. In the
afternoon of the same day, search was made by the prosecutor and a
constable in the houses of the prisoners. At Snell's after breaking
open the door, the found some wheat covered over with a cloth in a damp
state, and also, in the drawer of a dresser, two dead fowls. In the
evening, the constable THOMAS ROWE apprehended Snell at the house of
May; he was under the table, on his legs and hands, trying to hide
himself. Mr. Peters, who was present at the time with the constable,
said to Snell - "You ought not to serve me like this, when you know
that I gave you cider whenever you asked for it." To which Snell
replied - "And so you did without my asking." "But," said Mr. Peters,
"you took my wheat without asking;" and Snell replied, Yes, I did,
Sir." At the public house after their apprehension, the prisoners said
they did not break open the barn-door, but lifted the top-hatch, and
Snell described the way in which they had proceeded to the premises at
Treveans, taking the horses of Mr. Rowe the constable for the purpose.
On Mr. Peters and the constable proceeding to May's house to search, he
at first refused to allow them to enter, and said his wife was ill in
bed. They broke open the door, and found a quantity of potatoes; and,
on searching the bed in which May's wife was lying, under pretence of
being ill in child-birth, the constable found by her left side a sack
of corn, in a wet dirty state (the previous night had been raining),
and also found another sack under the head. At Watts's house was found
wheat in a chest. The evidence in this case was lengthy and tedious
being of a minutely detailed character; but, eventually, after samples
of the wheat and potatoes had been submitted to the jury, together with
the heads, wings, and legs of the fowls, on which the witnesses spoke
to identify, the jury found all three prisoners Guilty. Twelve Months'
Hard Labour, including One Month Solitary Confinement.
EDWARD BURLEY, 32, was then indicted for stealing on the 2nd of April,
six bushels of wheat, the property of J. P. PETERS, Esq., at Treveans
in Philleigh. The felony charged was, in fact, one and the same as
that charged in the previous case; but, when the three former prisoners
were committed for trial by the magistrate, Mr. CREGOE, the evidence
against Burley was insufficient; and he might have escaped altogether
but for his "whistling before he was out of the wood." It appeared
that on his being discharged by Mr. Cregoe at Mr. ROBERTS's office in
Truro, as soon as he came out into the street, he said it was the last
project of the kind he would have to do with. He then overtook Mr.
Peters in Boscawen-street, and said to him, "well Mr. Peters, how about
the wheat that Rowe took out of the house?" To which Mr. Peters
replied, "I shall see about that." Burley then said to Mr. Peters -
"the sack is mine, and the wheat is yours." Mr. Peters admitted that
the sack was not his, and said "if the sack is yours, you must have
it." Then Burley asked what altered his language, and said, "if the
wheat is yours, the sack is mine." The jury found verdict of - Twelve
Months' Hard Labour, One Month Solitary.
EDWIN LUSCOMBE, 24, and ROBERT CLATWORTHY, 19, were charged with
stealing on the night of the 12th of April, at the parish of Crantock,
a piece of canvass sail-cloth, the property of CONSTANTINE JOHNS. Mr.
G. B. COLLINS conducted the prosecution. The prosecutor was a farmer
living in the parish of Crantock, where he had an estate called
Treringay, on which he kept a hind called Cocking. Had a large
sail-cloth there, which he last saw there about the 6th of April, and
next saw it at St. Columb on the 23rd of April, in the possession of
the constable. THOMAS COCKING, the hind, stated that on Wednesday the
11th of April, he saw the two prisoners at Treringay, inquiring for
rags. Had seen the canvass sail-cloth about twelve o'clock, on the
12th of April, in the cart-house. Missed it the next morning early,
and next saw it on the 17th of April before the magistrate. HENRY
COMBE, policeman of St. Columb on the 13th of April went to the house
of JOHN SKINNER, and in consequence of information received from him,
subsequently sent to St. Austell, and obtained from a store-dealer
named WARNE, a canvass sail-cloth which he now produced. JOHN SKINNER,
lived in St. Columb, and was in the habit of buying rags. On Friday
the 13th of April, bought the canvass which the policeman now produced,
of the two prisoners. They went by the name of KINGSBRIDGE NED and
HONITON BOB. Was going to St. Austell when he bought the canvass of
prisoners, and he took it on in his cart to Mr. Warne, a store-dealer,
in that town. On his return to St. Columb, he saw the prisoners again,
and asked them where they got the canvass. They said they bought it.
Witness told them that the policeman had been making inquiries, and
they had better give themselves up. They replied that they should not
give themselves up; if they were taken, they were taken. WILLIAM
WARNE, of St. Austell, proved his purchase of the sail-cloth from
Cocking, and his subsequent delivery of it to the policeman Combe.
Verdict, both Guilty. A former conviction was proved against each
prisoner. In 1848, the prisoners were convicted of stealing a brass
pan, the property of JAMES ARTHUR, at Egloshayle, and were sentenced to
nine months' hard labour each. At that time, Luscombe went by the name
of JOHN PHILLIPS, while Clatworthy was then called WILLIAM HICKS. The
identity of the parties was proved by Mr. EVEREST, the governor of the
gaol. The witness Skinner, who was admitted as [approver?], received a
warning and reprimand from the Chairman, who told him that he had had a
narrow escape. If the two prisoners had not been well known bad
characters, they would have been admitted approvers against him.; and
if he had been convicted, he would have received a severe punishment,
for it was the receivers who did all the mischief in such cases. TEN
YEARS' TRANSPORTATION.
SAMUEL PINCH, 41, and WILLIAM PINCH, [39?], was charged with having, on
the 30th of April, stolen a quantity of tin stuff, the property of
JONATHAN COCK and others, adventurers in a tin stream work, called "New
Adventure", in the parish of Luxulyan. Mr. CHILDS conducted the
prosecution; Mr. BENALLACK the defence. JONATHAN COCK stated that he
was a joint adventurer with his brothers and others in the New
Adventure stream works. On the 30th of April they had about two
cart-loads of tin there, some of which he missed on the following
morning. Witness went with his brother on the first of May, to
prisoner's works, about three-quarters of a mile distant, and on
removing a portion of the outside of prisoners' heap, found about a
cwt. of tin belonging to prosecutor. Prisoners were apprehended and
brought to their works. Samuel acknowledged, in the presence of
William, that that pile was theirs. NICHOLAS COCK, brother of the last
witness, confirmed his evidence, and added that the prosecutor's tin
was black in white gravel; while the prisoners' stuff was yellow and
the waste also yellow. There was no tin stuff like prosecutor's in the
parish, except in some works close adjoining; and that was not
precisely like it. JOSEPH TREVAIL, a farmer of Luxulyan and PHILIP
MARK, who worked at the "New Adventure," gave evidence in confirmation
of the previous witnesses as to the state in which the prisoner's pile
was found on the 1st and 3rd of May. HENRY HARRIS, constable of Roche,
produced samples of the tin stuff, which were submitted to the jury,
and evidence given on them. JAMES PAYNE, a streamer living in
Luxulyan, assisted in taking the prisoners to Bodmin gaol; on the road,
Samuel Pinch said to him, that it was a bad job. Witness said there
would not have been much thought of it, if he had not been seen going
into the moor. Samuel replied that he was in the moor, and saw the
pile of tin stuff at Cock's works. For the defence, Mr. Benallack
addressed the jury, and called witnesses to character:- THOMAS SNELL,
bailiff and JOSEPH HIGHMAN, farmer, for William Pinch, and Capt. SAMUEL
ROBINS, and LUKE THOMAS, for Samuel Pinch. The Chairman, in summing
up, strongly remarked on the fact that no sample had been produced in
court of tin stuff from the prosecutor's own works, the only samples
produced were the sorts from the prisoner's heap. Verdict, Not Guilty.
WILLIAM MORCOMBE, 19, was charged with having on the 1st day of May, at
the parish of Maker, assaulted SAMUEL COLLINGS, a peace officer, whilst
in the execution of his duty. There was a second count from common
assault. The prosecutor, between nine and ten o'clock in the evening
of the 1st of May, was walking down West Street, Millbrook, with his
brother, and at a place called Cross, saw a disturbance at a nut stall.
It was a fair-day. He asked what was the row, and was immediately
knocked down; and on getting up, was knocked down a second time. Up to
this time, the prosecutor did not see that the prisoner attack him. He
then went to a neighbouring house to wash, and sent for his mace; and
then, taking a man called VOSPER with him, went in pursuit of the
"rebels." On getting to a beer-shop, he saw prisoner at the door, and
saying that he was one of the rebel party, attempted to take him away
to a place of confinement; but prisoner floored him in a gutter, and
wrested away his mace. The prosecutor received several blows, which he
believed were from the prisoner. Had been under medical care in
consequence. Evidence confirmatory of the prosecutor's was given by
his brother HENRY COLLINGS, by WILLIAM VOSPER (who stated that the
"rebels" were five or six droves, of whom the prisoner was one), and
JAMES ROWE. The prisoner, when called on for his defence, said he was
very sorry for what he had done; he was led into it. Verdict, Guilty
of assault on a constable in the execution of his duty. Two Weeks'
Hard Labour.
SARAH HOCKING, 21, and JANE CORNISH, 18, were committed April 19, by
the Justices of the Borough of Penryn, as incorrigible rogues and
vagabonds. Mr. DARKE stated that they were convicted on the 21st of
July last, as idle and disorderly; on the 5th of September as rogues
and vagabonds; and on the last conviction, on the 19th of April last,
as incorrigible. In this stage of procedure, it appears the
magistrates were empowered to make inquiry into the circumstances, and
to order twelve months imprisonment. HENRY EDWARDS, constable of
Penryn, gave evidence of the charges and conduct of the women. Three
Months' Hard Labour.
CHARLES BURRELL BOWEN, WILLIAM PARTRIDGE, NICHOLAS RICHARDS, and
FRANCIS BURROWS, were called on their recognizances to appear to answer
an indictment [alleged] at the last sessions, and which charged them
with assaulting JOHN BURROWS and rescuing [....... .........?] in
distress for rent. There had been no [evidence?] of that at the
present sessions, and one of the defendants, Mr. Bowen, refused to pay
the Court fee for the traversing till next sessions, alleging that he
was ready to go to gaol rather than do so. The other defendants, after
consultation with their advocate, Mr. STOKES, appeared willing to
traverse, and to pay the necessary fees and get the required bail, for
that purpose. Mr. Stokes advised the defendant Bowen, to adopt the
same course; but without success. Eventually, however, after much
delay and consultation, the necessity of traversing or of imprisonment
as an alternative was obviated, by an arrangement that the jury should
be sworn at once; and, after the defendants had been arraigned and had
pleaded, Mr. Darke said he was instructed on the part of the
prosecution to offer no evidence. The Court consequently directed a
verdict of Acquittal. The jury was then discharged.
SECOND COURT. Wednesday, July 4. (Before C. B. G. SAWLE, Esq.) -
HENRY OSBORNE, 21, pleaded Guilty of breaking and entering the account
house of Wheal Virgin, in the parish of St. Hilary, on the 16th of
April last, and stealing therefrom a coat, a pair of trousers, drawers,
brass poker, and a vice, the property of HENRY FRANCIS and others,
adventurers in the mine. The prisoner also pleaded Guilty to an
indictment for breaking and entering, and stealing from the same
account house on the 10th of July, 1848, a mathematical instrument
called a counter, a brass instrument, a ruler and measure, and other
articles. To another indictment for stealing from the same account
house a quantity of wearing apparel and other articles, on the 21st of
April last, the prisoner pleaded Not Guilty; but Mr. Darke, for the
prosecution, said it was unnecessary to offer evidence on this
indictment. For the first offence, One Month Hard Labour; for the
second offence, Six Months' Hard Labour after the expiration of the
first named period.
TABITHA MICHELL, of Gwennap, and KEZIA MARKS, pleaded Guilty of
stealing, on the 2nd of May, a piece of iron chain, the property of
JOHN WILLIAMS and others. The prisoner Marks, cried bitterly in answer
to the Chairman, she said she was under fourteen years of age. Tabitha
Michell, Three Months Hard Labour; Kezia Marks, One Week Hard Labour.
PHILIP CORNEY, 42, was charged with stealing from his master, Mr.
THOMAS RICKARD AVERY, at Boscastle, on the 12th of April, about three
pints of barley. A second count charged the prisoner with petty
larceny. Mr. STOKES called witnesses, from whose evidence it appeared
that in consequence of information WILLIAM PRIOR was instructed to
watch in Mr. Avery's malthouse, the prisoner being the maltster, and
that he saw him put barley into his pockets. JAMES MOORE, a clerk to
Mr. Avery, afterwards asked prisoner if he had anything in his pockets,
to which he made no reply. Mr. Moore said he had barley or malt, but
he did not answer, and hesitated before he took it from his pockets.
When before the committing magistrate, prisoner stated that he intended
to carry the barley back again. Mr. ROSCORLA, for the defence, urged
that the prisoner had previously maintained a good character, and that
it could not be supposed he would risk the forfeiture of his character
and the loss of his situation by stealing a small a quantity of barley
worth about 1 1/2 d. He admitted that the prisoner had no intention of
stealing the barley. The jury gave a verdict of Guilty, the foreman
observing that the prisoner had no right to take the barley in the way
he did, but whether he meant to steal it or not he did not know. Mr.
Roscorla submitted that this qualification amounted to a verdict of
acquittal, on which the Chairman again explained (as he had in his
summing up) that if the jury believed the prisoner stole the barley
with the intention of converting it to his own use he was guilty, but
if he took it not with the intention of stealing and converting it, he
must be acquitted. The jury then found the prisoner Guilty of stealing
from his master. Three Months' Hard Labour.
EMMA SHELDERS STANLEY, 14, was found Guilty of stealing, on the 28th of
May, in the parish of St. Wenn, a pair of shoes and a worsted
handkerchief, the property of WILLIAM MARSHALL. One Month's Hard
Labour.
WILLIAM CORNISH, 18, was indicted for stealing from the shop of WILLIAM
HOOPER, of St. Mewan, in the night of Sunday, the 27th of May, a boot
iron, a burnisher, and other tools. Prosecutor is a shoemaker, at
Sticker, in St. Mewan, and had seen the prisoner at his house some time
before the robbery, when prisoner talked about his "kit," and said he
had very little. Prosecutor's shop was closed and all secure about
nine o'clock on the night of the 27th of May, but about five the next
morning it was discovered to have been broken open, and all the tools
were gone. About eight o'clock that same morning the tools were seen
in the prisoner's possession, who said in his defence that he had met a
man on the road and bought them of him. Verdict - Guilty - Four
Months' Hard Labour.
CHARLES PHILIPP, pleaded Guilty of stealing a duck, the property of
THOMAS DUGGAN, of Padstow. Two Months' Hard Labour.
HENRY MOYLE, 47, pleaded Guilty of stealing on the 16th of April, at
St. Cleather, a miner's blanketing shirt, the property of WILLIAM
CHAPMAN. One Month's Hard Labour.
PHILIPPA TREGLOWAN was indicted for stealing four sovereigns, a half
sovereign, a crown, four shillings, [.....?] sixpences, and a leather
bag, from the person of RICHARD OLIVER. Prosecutor said he was a mason
and lived at Ponsanooth. On the 30th of June he was at Falmouth, with
his sister, and in the course of the day received from her five pounds,
which he placed in a leather purse, and put into his right hand trouser
pocket. In the evening he left Falmouth in company with others, and on
his way home he stopped at a beer shop at St. Gluvias. He had then the
purse and money in his pocket. He went out of the beer shop and saw
the prisoner; who asked him to take a walk with her, to which he
consented for about ten minutes, and when she left him he found that
his bag and money had been stolen. He and a man called GROSE went in
pursuit and found her only a short distance from the place where he had
left her. He gave her in custody to JOHN THOMAS, a constable, who
charged her with the robbery, and on her denying it, said that in his
official duty he must search her, on which she handed over to him the
bag and cash. Prisoner, in defence, said prosecutor first asked her to
walk with him, that he was drunk, and gave her the money. Prosecutor,
however, denied that he was drunk, or had given her the money. After
the Chairman had summed up, the jury deliberated for about twenty
minutes, when the foreman said it was a difficult case, and he could
not give a verdict of guilty. Again the jury put their heads together
for about a quarter of an hour, when the foreman said he believed they
must return her guilty; but on the Chairman asking whether they were
agreed, he said they were not and they were directed to retire and
further consider their verdict. In about an hour they returned into
court, and gave a verdict of Guilty, but recommended the prisoner to
mercy. The Chairman, addressing the prosecutor, said the court had no
doubt that he had brought this robbery on himself, and it was
exceedingly disgraceful in a married man like him to go with a girl of
that character; in consideration of which the court should disallow his
personal expenses. Six Months' Hard Labour.
CHARGE OF STEALING FROM UNITED MINES - THOMAS DAVEY, 20, was indicted
for stealing from the United Mines, in the parish of Gwennap, eight
fathoms of rope, the property of RICHARD TAYLOR and others, adventurers
in the mine. Mr. HOCKIN prosecuted, and Mr. SHILSON defended the
prisoner. Captain JOHN HOLMAN, one of the captains of the United
mines, said that in the early part of this year he handed to a man
called NICHOLLS about fourteen fathoms of rope for use at a windlass.
The rope was of a peculiar construction; it was made at the mine, was
different from that generally used, and he never saw such rope before
at the mine. Mr. JOHN TAYLOR, Mr. RICHARD TAYLOR and others were
adventurers. Cross-examined - He did not mean to say that rope of
that descriptions was only made at the United Mines; he never saw much
rope used at any mine before, but he had seen it on board ship.
Captain E. HALSE, of Ting Tang mine, said the prisoner worked at that
mine in May last on tribute, at the shallow adit, about twenty-four
fathoms from surface. He and his partner were to have 15s. in the
pound, and had to provide rope and materials. When they raised ore
they had to lower it to a lower level, in order to be wheeled to the
shaft and drawn up. On the 14th of May, witness went underground to
prisoner's pitch, where he found some ore which he was searching for,
and about six fathoms of rope, with a lashing and crook at the end. He
knew it was not their rope, and spoke to prisoner when he saw him at
grass, but prisoner said he knew nothing about it. In the pitch the
rope was lying in a dry place, but being wet he concluded that it had
recently been used. There was a pail which was used by the tributers,
and a crook at the end of the rope might have been used to lower the
pail. Cross-examined by Mr. SHILSON - William James took the pitch;
witness did not know whether prisoner was present; saw James in the
pitch the week before the 14th of May, but Davey was not there; had not
seen Davey there during their last "take;" they had not abandoned the
pitch on the 14th of May. JAMES UREN, a policeman employed by the
mines for the protection of property, on the 14th of May, went to a
house where prisoner had formerly lodged; saw a rope there and marked
it, as was his custom with regard to suspicious articles.
Cross-examined - RICHARD JAMES, with whom the prisoner had lived, was
then in prison, and the house was unoccupied. WILLIAM NICHOLLS, a few
days after the 14th of May went to the unoccupied house where prisoner
had previously lodged, and found the rope marked by Uren had been
removed and placed under some straw in an outhouse. The outhouse was
all open and also the dwelling-house. The rope was lost about a
fortnight after it had been given out at the mine. Mr. Shilson
submitted that there was no case to go to the jury. The rope was
delivered out at the mine in the early part of the year, and according
to Nicholls it was missed about a fortnight after. Now it was a rule
of law that unless an article was found within a reasonably short time
after it was missed, no man was to be called on to account for having
it in possession. He contended also that the rope was not shown to
have ever been in the prisoner's possession; and in fact that there was
no distinct proof that the rope found belonged to the United Mines.
Mr. HOCKIN replied, but the court decided that the case should not go
to the jury. The Chairman said the property had been lost in January
and not found till the 14th of May. It was a rule of law that where
property had been recently stolen, and found in a person's possession
he was bound to account for it, but not so if a long lapse of time had
taken place, some of the Judges having laid down the time as two or
three months. Verdict, under the direction of the court, Not Guilty.
WILLIAM HARRIS, the younger, 14, was found Guilty of stealing on the
25th of May, two ducks, the property of JAMES ROBERTS of St. Agnes.
The prisoner was recommended by the jury to mercy. ONCE PRIVATELY
WHIPPED AND DISCHARGED.
JANE BISHOP was charged with stealing on the 13th of May, at the parish
of Egloshayle, a quantity of flour, the property of CHARLES MENHINICK
and others, trustees; and a second count laid the property as belonging
to SELINA MENHINICK, widow. WILLIAM WORDEN, a servant with Mrs.
MENHINICK, at Burnair, observed the prisoner to be in the habit of
coming to Burnair farm early in the morning before Mrs. Menhinick was
downstairs, and to bring things to her sister who was a servant in the
house. Having mentioned this to Mr. DANIEL, and agent connected with
the farm, he instructed DANIEL LOVELL, policeman of Egloshayle, who
watched at Burnair farm on Sunday morning the 13th of May, saw the
prisoner go into the house, and on her coming out he followed her and
took from her a bag of flour weighing about 8 1/2 lbs. Evidence was
given to show that she had made false statements respecting it.
Guilty. Three Months' Hard Labour.
ALEXANDER SLEEP, 57, was found Guilty of stealing, on the 14th of
April, some wheat and barley, the property of WILLIAM DINGLE, of
Northhill. Prosecutor recommended the prisoner to mercy on account of
his age. Four Months' Hard Labour, Including One Fortnight Solitary.
STEALING FROM AN ACCOUNT-HOUSE - RICHARD JAMES 55, and WILLIAM JAMES,
26, were indicted for breaking and entering the account-house of
Treviskey mine, in Gwennap, and stealing two decanters, two table
spoons, four tea-spoons, four padlock keys, a piece of swanskin, and
other articles, the property of WILLIAM VICE and other adventurers in
the mine. Mr. HOCKIN conducted the prosecution, and Mr. SHILSON the
defence. On Saturday the 24th of February, Captain ODGERS, of
Treviskey mine, left the account-house about six o'clock in the
evening, and after that MARY UREN, who looked after the place, but did
not sleep there, locked up the house and left all secure. On the
following Monday morning about six o'clock, Captain Odgers, on going to
the account-house, found that some person or persons had tried to force
open the front door, in which, however, they had failed. He unlocked
the door, and then found that an entrance had been effected by the back
window into the material-house, four panes of glass having been broken,
and the frame-work dashed in. There was a kitchen, material-house, and
office adjoining each other under one roof, the material-house being in
the centre, with a door leading to a passage, which communicated with
the kitchen and office. Capt. Odgers found that the key of the padlock
of the candle-chest was gone, and that a quantity of candles had been
stolen. EDWARD WILLIAMS, a clerk at Treviskey mine was there on the
24th of February, and saw the padlocks on different parts of the
premises, and the keys which were kept in the office. On Monday
morning, he saw that besides the candles, a variety of articles had
been stolen; two desks in the counting-house had been broken open, two
cupboards, and the iron door of an iron safe, which had been broken
with a sledge hammer, belonging to the mine, and which was left in the
office. Nothing was heard of the property until the 10th of May
following, when a bailiff of the county court went to levy a distress
at a house at Ting Tang, where the prisoners lived, about a mile from
Treviskey mine. The bailiff was accompanied by JAMES UREN, who acts as
police constable for the mines, and Uren found in the house two
decanters, which Mr. Williams, the clerk, swore were the same as had
been taken from the kitchen next to the material house; and keys which
he identified as having been hung up to the desk in the office. JOHN
BRAY, a constable, also found in prisoner's house at Ting Tang, a piece
of swanskin, which was identified as having been taken from Treviskey
account-house. A quantity of candles and spoons were likewise found in
prisoners' house. It appeared that the prisoners had been only a month
or six weeks at Ting Tang, and that they had before lived at Little
Trevince. To this place Mr. Williams, the clerk, went on the 11th of
May, the day after the things had been found at Ting Tang. He saw no
persons at Little Trevince, but got in through the window, and found in
the house two iron bars, one of them of large size, which corresponded
with marks on the account-house door at Treviskey mine. Richard and
William James having been apprehended, were afterwards seen by Captain
JOSEPH JENNINGS, of Treviskey mine, who said to Richard, "it appears
very clear to me that thee art the party who broke open our
account-house, and carried off three decanters;" on which Richard said
he knew nothing about breaking open the house. About three hours
afterwards Captain Jennings saw Richard James alone; but having said to
him, " I advise you to tell the truth," this was held by the court
(after some argument between the advocates) to have been holding out an
inducement to the prisoner, and consequently whatever the prisoner said
was excluded from being evidence. Mr. Shilson then took an objection
to the indictment, that it was not properly laid under the statute, as
breaking and entering the account-house. Mr. Hockin replied, and the
objection was over-ruled, with permission to move the full court on the
point. Mr. Shilson then addressed the jury for the prisoners,
contending in the first place that there was no evidence against
William James, who lived with his father Richard James, the latter
being the occupier of the house. But there was also a want of evidence
against Richard James, as neither of the prisoners had been seen on the
mine about the time of the robbery, and though the articles had been
found in the house at Ting Tang, the rule of law was that after a
considerable lapse of time (in this instance about three months) a
party was not bound to account for having stolen property in
possession. Besides there was THOMAS DAVEY and other lodgers in the
house at Ting Tang, and Davey had also previously lodged with them at
Little Trevince. The Chairman then summed up, and the jury, after
shortly deliberating, gave a verdict of GUILTY against Richard James,
and ACQUITTED William James. The Chairman strongly cautioned William
James, telling him that he had been already twice convicted, and if
convicted again in that court, or any other, his punishment would be a
very severe one. On Thursday morning, Richard James was placed at the
bar to receive sentence, on which Mr. Shilson moved in arrest of
judgment, on the ground that the building which the prisoner was
indicted for breaking and entering, as accounting-house, was not such a
building as was contemplated by the act 7th and 8th George IV, under
which the indictment was framed. Mr. Hockin replied, and the Court
over-ruled the objection. We shall give the arguments next week.
Richard James was then sentenced to nine Months' Hard Labour.
No Bills. - The following bills were ignored by the Grand Jury:-
Against JOHN SKINNER, charged with stealing canvass, the property of
CONSTANTINE JOHNS, Crantock; HENRY TURNER, stealing leather &c., from
JOHN PROUSE, Sancreed; MARY ANN PEARSE, stealing ?4 from RICHARD
WELLINGTON, St. Austell; JOHN WILTON, stealing a sovereign from Mr.
SAWDRY, Liskeard.
RODD TESTIMONIAL - A meeting of subscribers to the Rodd Testimonial
was held at Oliver's Hotel, Bodmin, on Tuesday last. The meeting had
been called for the purpose of deciding on the application of the funds
subscribed; but, it will be seen from the following report that this
decision was postponed until October next, in order that further
suggestions on the subject may meanwhile be obtained. The meeting was
but thinly attended; and the proceedings were of an informal
conversational character. EDWARD ARCHER, Esq., of Trelaske, presided;
and, on taking the chair, read the following letter, addressed by Mr.
CHARLES GURNEY, of Launceston, to the Secretary:- Dear Sir, - I
attended at Oliver's Hotel, on the second day of the last assizes, in
compliance with your summons to the subscribers to the Rodd
Testimonial. Others were there from the same cause; but, as neither
you nor any one who had the conduct of the affair attended, we left
without any business being transacted. I see to-day another summons
from you for Tuesday, and I am sorry that on so short a notice I cannot
attend. Had I been able to attend, I should have ventured to suggest
that the Committee should issue a notice that until a given day they
would receive from any subscriber, suggestions for the disposal of the
subscriptions, - that such suggestions should be forthwith published
and taken into consideration, and decided on at a meeting to be held
during the October sessions. By this means, the subscribers would know
what suggestions were to be considered and come prepared to vote on
them. Could I have attended the meeting on Tuesday, I should in the
absence of some better plan, have taken the liberty to suggest:-
1st. - That a sum not exceeding ?500 be appropriated with the consent
of each subscriber, to the further endowment of Bolventor Church, and
that each subscriber consenting to such appropriation of his
subscription or any part of it should signify the same by letter.
2nd. - That the residue of the fund shall be held by trustees, who
should with a portion of the money purchase a suitable site, for the
erection of Alms-houses, with gardens attached, for the residence of
old or infirm agricultural labourers of the county of Cornwall, of good
character and industrious habits, and invest the residue at interest so
as to ensure to each occupant an annuity of ?10 a year.
No one who knew the late Mr. Rodd, can doubt that such an appropriation
would be in accordance with his wishes; but looking beyond those, I
think it will occur to many, that a fund for establishing an Asylum for
honest old agricultural labourers would be likely to receive from time
to time considerable augmentation, as it would be the means of
affording to many a labourer a hope of something better in his latter
days than mere parochial relief. I am, dear sir, yours truly, CHARLES
BURNEY.
Mr. STEPHENS, of Trewornan, suggested a postponement of proceedings
until the next sessions. The Chairman, in reply to a question, said
that the amount of subscriptions already invested in the 3 per cents.
was he believed nearly ?900 - a large sum to be idle. Mr. KENDALL
thought it very desirable to come to an early decision, because there
were many subscribers who delayed paying their subscriptions, waiting
to know what was to be the nature of the testimonial. The Chairman
said the original scheme was to found an agricultural school. But, in
default of that, it had been suggested to found some agricultural
premium, to be called the Rodd premium, in connexion with a county
agricultural show. All parties seem to admit that it would be very
desirable if something of that kind could be established; and, for his
part, he saw no possible objection to the establishment of a county
agricultural show, to be dovetailed in which both divisions of the
county, so as to have a spring and summer show in each year,
alternating in the two divisions. Mr. Kendall mentioned the
suggestion, that part of the fund should be applied to the further
endowment of Bolventor Chapel - an object which it was well known the
late Mr. Rodd had very much at heart. But if the testimonial to Mr.
Rodd were to be with reference to his character as an agriculturist he
did not see how they could adopt that suggestion. Mr. STEPHENS
concurred in this opinion, and thought it was rather late to make the
suggestion concerning Bolventor Church, when the subscriptions had been
given with regard to Mr. Rodd's character as an agriculturist only, and
not in any other character. Mr. Kendall expressed approval of Mr.
Gurney's suggestion of building cottages for agricultural labourers,
and pensioning them; and, if there were no other proposition, that
would be enough for him. Capt. HEXT also approved this suggestion, and
observed that if it were definitively adopted, he should feel bound to
pay his subscription, as he considered it would be for the benefit of
the agricultural interest. The Chairman was sure that the feeling of
the tenant-farmers was that the funds should be applied for
agricultural improvement, in some way or other; and that was also the
strong opinion of Mr. CAREW and Mr. HUMPHRY WILLYAMS. Mr. Archer threw
out the suggestion that a prize might be offered for the best essay on
the subject of the best application of the funds to the promotion of
the agriculture of the county. Capt. LIDDELL observed that the
subscribers of the ?800 contemplated the establishment of an
agricultural school; and he thought the consent of each subscriber must
in justice be obtained before the money could be applied to the
endowment of a chapel; and to any subscriber who disapproved of that
application of the funds, he thought they would be bound in justice to
return his money. In Bodmin especially, he knew that the subscriptions
had been given on the supposition that there would be an agricultural
school. (In answer to Mr. Kendall, Capt. Liddell stated that the
amount subscribed from Bodmin was only ?50; but he had no doubt that in
other places also, the subscriptions had been given for the promotion
of agriculture.) The Rev. W. MOLESWORTH, (who had just entered the
room) expressed his approval of the suggestion for applying part of the
funds towards the endowment of Bolventor Church.
The Chairman believed that the views of the first meeting, in 1847,
were entirely towards the promotion of agriculture. Mr. Stephens said
it was his opinion that the money was subscribed for a memorial to Mr.
Rodd, as an agriculturist. Mr. Kendall said, if that was not the
object, and if there was an idea that Mr. Rodd would have approved of
the endowment of a church at Bolventor, he should be for handing the
money over for that purpose. The Rev. w. Molesworth had heard that the
late Mr. Rodd had very much at heart the building of a church at
Bolventor. Mr. Molesworth also expressed his approval of Mr. Gurney's
suggestion; and, after some desultory conversation on the topics before
recorded, he moved a resolution, inviting persons who take an interest
in the Rodd Testimonial, to send their suggestions for its promotion,
to Mr. W. R. HICKS, Asylum, Bodmin, by the 1st of September next, in
order that they may be considered and decided on at a meeting of
subscribers to be held at Bodmin on the Tuesday of the October Sessions
week. This resolution was seconded by Capt. Liddell, and adopted. The
Chairman then announced that the late Secretary Mr. SAMUEL HICKS, had
resigned office on his removal to Launceston. Mr. W. R. Hicks, of the
Asylum, consented to perform the duties of Secretary until the proposed
meeting in October. A vote of thanks to the Chairman was agreed to, on
the motion of Mr. Kendall, seconded by the Rev. W. Molesworth.
CHACEWATER - A handsome tablet has just been erected to the memory of
the late Rev. H. W. PHILLIPS, in St. Paul's Church.
FOWEY - Mr. JOSIAH SOADY, of this town, has been presented with one
of the war medals in consequence of his having been engaged in the
campaigns in the peninsula. On the one side is inscribed "To the
British Army 1792, - 1814, Victoria Regina, 1848," and on the obverse
are inscribed "Pyrenees," "Vittoria," "Corunna," "Vimiers," being the
four great battles in which Mr. Soady was engaged. On the rim of the
medal the old soldier's name is engraved, Josiah Soady, 2nd Foot."
APPOINTMENT - Mr. H. M. JEFFERY, of Stythians, (B.A. 1849), has been
appointed a Mathematical Lecturer and Resident Master, at the
Engineers' College, Putney, Surrey.
HELSTON - We observe that Mr. T. H. EDWARDS of this town, and lately
a pupil at the Helston Grammar School, has during the last half year
obtained a prize for Greek Iambic verse at Rugby School, as well as a
"first class" prize in the recent examination.
EXETER DISTRICT COURT OF BANKRUPTCY, June 26th. - Re: W. CAIRNS,
tallyman, of Redruth. {.........?] to grant certificate, which was
adjourned for six months, on the ground that the bankrupt's conduct had
tended to the depreciation and diminution of the estate.
In the case of JOHN PETER JAMES, late of Truro, draper, the official
assignee explained that the sum left was so small, it was impossible to
divide it, as the cost of preparing the dividend warrants, advertising
meeting for dividend, and fees for the meeting, would not have the
smallest fraction in the pound to divide.
In JOHN NORMAN's estate (Wadebridge grocer), there was a balance of ?5.
2s. 1d., but then there was the solicitor's bill to [be] paid. Audits
were held in the cases of W. J. GEACH, auctioneer, St. Columb Major;
THOMAS LEVERS, cooper, Charlestown; JOSEPH PRUST, tanner, Stratton;
JOHN MALE, miller, Lanteglos; JONATHAN MAYS, merchant, Flushing, Mylor.
BODMIN COUNTY COURT - The small debt business at the monthly court on
Wednesday last, was unimportant. There were three insolvent debtors.
VIVIAN STEVENS, formerly of Penzance, was opposed by Mr. ROSCORLA for
the detaining creditor and several other creditors. Mr. PRESTON WALLIS
attended on the part of insolvent. After a lengthened examination, the
insolvent was remanded for three calendar months from the 12th of June
- the date of the vesting order. The remand was on the ground that the
insolvent had made a vexatious defence to an action at the last assizes.
CHARLES LEVY, of Truro, jeweller, was discharged unopposed.
WILLIAM TOLL, of Sheviock, was remanded to amend his schedule.
FALMOUTH QUARTER SESSIONS - These sessions were held on Monday last.
There was only one case for trial, that of a lad called SAMUEL BISHOP,
for stealing goods from the premises of Mr. C. W. CHARD, grocer. Mr.
GENN conducted the prosecution; Mr. J. B. MOORMAN defended the
prisoner. It appeared from the evidence of RICHARD LAWRENCE, a
shop-boy of Mr. Chard's, and an accomplice, that on the 11th of April
last, his mistress sent him down to the stores for two pounds of sugar
in separate bags. Instead of two, he took five pounds, putting three
aside until a convenient opportunity offered for taking them away. He
was induced to the theft by the advice of Bishop, who asked him about
noon that day to get some sugar. During the evening Bishop came in
front of his master's shop, and about shutting up time, they together
went down behind to get the sugar away. Bishop had taken one pound of
sugar from him when he heard his master's footsteps, and to avoid
detection, they went into Mr. DIXON's, an adjoining yard. He then told
Bishop if he would wait until he shut shop, and master had closed the
door, he would give him the remainder. Mr. Moorman severely
cross-examined this witness, during which he admitted he had bee
prosecuted for his part in the offence, and punished; that the sugar
was not the only thing he had stolen, he had taken biscuits and
liquorice for Bishop. He had also obtained an entrance into the shop
on Sunday, and whilst his master and mistress were at church, had
stolen things. Mr. C. W. Chard deposed to finding on the evening of
the 11th of April, behind his shop in the courtlage, two small bags of
sugar, which he identified as his property, and which Lawrence admitted
to have stolen. Mr. Moorman asked the witness whether Lawrence was not
an habitual liar, and whether he thought he could safely believe him n
his oath. Mr. Chard had known prisoner to tell lies frequently, but
not to such an extent as would justify him in disbelieving his oath.
Upon Mr. Moorman's reverting to this matter, Mr. Chard said he believed
Lawrence had told the truth, because he could see no motive for him to
do otherwise. Mr. JAMES ADDISON had heard Bishop say whilst working
with him, that on the night in question, he was down Mr. Chard's
passage with Lawrence, and that he had one bag of sugar, which he threw
overboard, fearing when he heard Mr. Chard's footsteps, he should be
detected. Mr. Moorman made an elaborate defence for the prisoner, and
adverted to the evidence of Lawrence as unworthy of belief, being upon
his late master's admission, an habitual liar, and upon his own
confession a convicted felon. The Recorder then carefully went through
the evidence, after which the jury retired, and were locked up about an
hour and a half, when they returned a verdict of Guilty, with a
recommendation to mercy. The Recorder said it was a very proper
verdict, and on passing sentence, cautioned Bishop never to appear
before him again for a similar offence, for if he did, he would most
probably be transported. He then sentenced him to be imprisoned a
fortnight, and kept at hard labour, and well whipped once. Upon the
delivery of the sentence some confusion was occasioned in court by the
prisoner's father, who abused prosecutor, counsel, judge, and jury; he
was eventually taken out of court by the police.
FALMOUTH, July 2. - The ship "Havering," Capt. FENWICK, of London,
chartered to take convicts to Sydney, New South Wales, and bound to
Dublin to embark them, put back and anchored off this port yesterday
afternoon, in consequence of cholera breaking out among the crew and
the small escort of forty-five troops which are on board. It appears
she left Deptford on the 21st ult., and the first case occurred on the
26th following, when the ship was thirty miles west of Scilly, and this
induced the captain to bear up. Five of the crew and one soldier died
before her arrival, and up to last evening eight cases remained, two of
which appeared serious, whilst the remaining six were considered
convalescent. The disease was confined to men, who were intemperate,
and careless and loose in their habits, and there was every expectation
on board of checking the progress of the malady. The "Havering" is a
new ship, of 700 tons burden and no doubt very efficiently fitted out
for the contemplated voyage, and is in no wise crowded at present, so
that the best hopes of checking the evil may be fairly entertained, and
her departure for Dublin expedited. No sickness or epidemic of any
kind prevails in the town or neighbourhood; on the contrary, they may
be pronounced to be especially healthy just now.
FIRE - On Wednesday evening, a fire broke out at Thorn Farm, in the
parish of Launcells, occupied by Mr. REUBEN HAYMAN, a tenant of Sir
THOMAS DYKE ACLAND, Bart,; M.P. Mr. Hayman was brewing and the flue of
the chimney of the brewhouse took fire and communicated to the bed-room
over it, and before the family was aware of it the flames burst forth
and consumed a great portion of the furniture, wearing apparel, &c.,
and part of the house was destroyed before the flames could be got
under. The loss to Sir T. D. Acland is estimated at ?200, and to Mr.
Hayman at ?100. The property was not insured.
WANTON AND MISCHIEVOUS ACT - On the night of Thursday the 28th ult.,
the garden belonging to Mr. SAMUEL TREVERTON, jun., of St. Austell, was
broken into and a great quantity of young apple trees broken down,
besides all the vegetables destroyed. A reward of ?5 has been offered
for the discovery of the offenders, but as yet no clue has been
obtained to them.
ROBBERY AT ST. AUSTELL - On the night of Saturday last, a man named
JOHN ALLEN, who had just returned home after receiving his punishment
for poaching, was taken in the act of stealing fowls from a mill
belonging to Mr. PEDLAR, and was brought before Mr. E. COODE, jun., on
Monday last, and committed to take his trial.
ACCIDENT - On Sunday morning last, one of the daughters of the Rev.
W. J. COOPE, of Falmouth, fell over stairs and broke her collar bone
and one of her arms; we understand, however, that she is now
progressing favourably towards recovery.
SERIOUS ACCIDENT, FALMOUTH - On Friday last whilst Mr. J. TRIGGE[?]
was superintending the discharge of one of his coal vessels, he fell
overboard between the vessel and the quay. Assistance was immediately
rendered, and a surgeon quickly in attendance, when it was found that
Mr. Trigge had broken one of his arms, and severely bruised himself in
other parts of his body. We are happy to find that he is doing well.
{Trigge or Triggs?]
NARROW ESCAPE OF A CHILD - On the evening of Saturday last, as some
men were proceeding down Adelaide Street, in Penzance, they were
attracted by an unusually bright light proceeding from the window of
Mr. DUGDALE, butcher, and on going forward to ascertain the cause, they
saw to their horror a little girl of Mr. Dugdale's being three or four
years old enveloped in flames. With some difficulty they obtained
entrance into the house, but before they did so, the child had happily
succeeded in extinguishing the flames by rolling herself on the floor.
It appeared that the father and mother had gone to market and had left
her in the house alone. Her clothes had been caught by the flames in
her attempt to light a candle. The injury she had received was very
slight.
FATAL MINE ACCIDENT - On Saturday last, as a young man named THOMAS
UREN, of the parish of Ludgvan, was engaged at his usual labour
underground at Wheal Margaret, in the parish of Lelant, a scale of
ground fell on him from the back of the level and killed him on the
spot.
SUDDEN DEATH OF Mr. JOHN PHILLPOTTS - On Saturday last, an inquest
was held before Mr. BEDFORD, the coroner, in the board-room of St.
James's Workhouse, Poland Street, Westminster, to inquire into the
circumstances attending the death of Mr. John Phillpotts, of
Porthgwidden, in this county, late M.P. for Gloucester, father to the
Rev. THOMAS PHILLPOTTS, vicar of Feock, and brother to the Bishop of
Exeter, who died suddenly in an omnibus. Mr. ALEXANDER URE, of No. 21
Bloomsbury Square, surgeon, deposed that the deceased gentleman was 74
years of age, and resided at No. 14 Pall Mall. The deceased was a
barrister and sat for Gloucester for upwards of seventeen years.
Witness never attended him professionally, but always considered him to
be a healthy man. JAMES ROBERTS, of No. 26 Park Street, Camden Town,
said he was conductor to one of the Waterloo omnibuses. On Friday
night, about a quarter past ten o'clock, the deceased hailed him at the
corner of Devonshire Street, in Portland Place. The omnibus was
stopped and deceased got in without assistance, and appeared perfectly
well. On reaching the Regent's Circus, Oxford Street, the omnibus
stopped, it being usual to wait several minutes to take up passengers
at that point. Two minutes had not elapsed when witness looked in to
see how many passengers there were. The deceased was sitting next the
door, and there were two ladies and a gentleman in the omnibus.
Witness had only just looked in, when the deceased suddenly fell on one
side, and lay along the seat. Witness immediately opened the door and
assisted in lifting him up. He appeared quite helpless and in a state
of insensibility. Witness, with the assistance of some persons,
carried him to the shop of Mr. BRIDGE, a chemist, in Regent's Circus,
and a surgeon was instantly sent for, who, upon his arrival, pronounced
the deceased to be quite dead. Only a little saliva came from his
moth, and he never spoke after he fell. GIDEON CROCKER, police
constable, No. 232, D. division, stated that about half-past ten
o'clock on Friday night, his attention was called to Mr. Bridge's shop,
where he found the deceased quite dead. He was desired to search the
deceased, and took an inventory of his property. He found a gold
watch, a diamond pin, a carbuncle ring, an eyeglass, and a purse
containing ?2.10s., which he had since retained. Witness, by the
direction of his sergeant, procured a cab, and the dead body of the
deceased gentleman being placed in it, was conveyed to the dead-house
in St. James's workhouse. Witness also found a pocket-book in
possession of the deceased, by which he obtained a clue to his
identity. Mr. J. G. FRENCH, of No. 41 Great Marlborough Street, parish
surgeon, said he made a post mortem examination of the body of the
deceased gentleman that afternoon (Saturday) in the presence of Mr.
Ure. There were no external marks of violence, with the exception of
some marks over the region of the heart, which indicated that the
deceased had been cupped. The heart was considerably enlarged, and
double the usual size. The heart weighed about twenty-three ounces,
the usual weight being about eleven ounces. The valve of the left
ventricle was ossified. The rest of the organ was quite healthy.
Witness was of opinion the deceased had died of a diseased heart, which
was quite sufficient to account for the suddenness of the death. Death
must have been instantaneous. The coroner said, after hearing such
evidence, there was no occasion to proceed further in the inquiry. The
jury immediately returned a verdict of "Natural death from a diseased
heart." The coroner issued his warrant for the burial, and the body of
the deceased was placed in a coffin and removed to Pall-Mall.
CORONERS' INQUESTS - The following inquests have been held before Mr.
GILBERT HAMLEY, deputy coroner:- On Wednesday the 27th inst., in the
parish of St. Breock, on the body of Mr. HART NICKELL, one of the
largest and most respectable farmers in that parish, who went into one
of his fields on the previous morning, apparently in his usual health,
and whilst in conversation with a work man, he fell off his horse and
immediately expired. The surgeon, who attended, stated that he had
disease of the heart, and that no doubt he died from that cause.
Verdict accordingly.
On Monday last, on the body of the old servant of Mr. Nickell. Whilst
dressing at five o'clock in the morning, with the intention of going to
Mr. Nickell's funeral, her husband, who was in bed, saw her fall and
went to her assistance. But she instantly expired. Verdict, "died by
the visitation of God."
On Tuesday last, an inquest was held at Carharrack, in the parish of
Gwennap, before Mr. CARLYON, coroner, on the body of JOSEPH VINCENT,
aged 5 years. It appeared that on that day week, the deceased had been
undressed by his parents and they were about to take him to bed, but
his little brother was anxious to be undressed first, and in going to
his mother for that purpose he caused the deceased to fall against the
handle of a saucepan containing water, which was on the fire and upset
it the contents fell over him and scalded him so very badly that the
died the following Saturday. Verdict, died [.....?] death.
13 JULY 1849, Friday
ANTONY - The Church, at Antony, was very numerously attended on
Sunday the 1st instant, to see the son and heir of Mr. W. H. POLE
CAREW, of Antony house, baptised, as was expected, by the Bishop of
Exeter. The Bishop, however, was unable to attend, in consequence of
having received intelligence, whilst on his way to the railway station,
of the sudden demise of his brother Mr. JOHN PHILLPOTTS. A telegraphic
communication, stating the reason of the Bishop's absence was
immediately made from the Exeter to the Plymouth station, thence to Mr.
Carew, and the ceremony was performed by the Rev. JOHN F. KITSON. On
the day previous, Mr. Carew gave two fine bullocks to the poor of
Torpoint, Antony, Sheviock, and the neighbourhood; GBP5 in shillings
were also distributed.
WRESTLING AT CARHARRACK - This wrestling match came off on Saturday
last, in a field adjoining the Steam Engine Inn, and it was generally
acknowledge that the play was excellent beyond precedent in Gwennap.
At two o'clock in the afternoon operations commenced, and continued
until nine o'clock, when the last man was thrown. The prizes were
awarded as follows:- first prize, to JAMES GLUYAS, of Gwennap; second
ditto, HENRY TREVETHEN, Gwennap; third ditto, PHILIP BRAY, Gwennap.
Gluyas is a handsome fellow about twenty-two years of age; he stands
five feet eleven inches high and is considered by many to be "the
coming Cornish champion." It is gratifying to state that nothing in
the shape of dispute arose from any quarter and that at the conclusion
the players came forward and expressed their acknowledgments for the
impartial manner in which the wrestling was conducted.
SCILLY - The Honourable SPRING RICE, Commissioner of Customs; arrived
her in the cutter "Vigilant," on the 4th instant, on an official visit.
COUNTY COURTS - Truro - At this Court, held on Friday last, the
business was remarkably light, and the Court rose as early as three
o'clock. There were no cases of any public interest heard; but there
were three committals in default of payments in accordance with the
order of the court. THOMAS EDWARDS was committed for twenty days at
the suit of Mr. HAWKEY, miller; NICHOLAS SPRY, for thirty days, at the
suit of Captain KEMPE; and ---RICKARD, was committed for thirty days at
the suit of the Rev. J. PETER, of Grade.
FALMOUTH - At this court, on Saturday last, the case of REED v.
BENNETTS was tried, being an action for the recovery of a parish
clerk's salary. The action was brought by the clerk of the parish of
Falmouth against the churchwarden to recover the sum of GBP1 for his
salary for the bygone half-year. It appeared from the evidence that he
and his predecessors for the last forty-six years had received 40s. a
year as salary, payable out of the church-rates, and that latterly it
had been reduced to 1s. by vote of the vestry. The Judge said, in
common justice I think the plaintiff is entitled to the salary, but I
feel bound to say, upon consideration, that his claim is not
sustainable in a court of law. This is not the case of a claim for
accustomed fees, but the ordinary case of a clerk paid by salary coming
out of the church-rate, and it is clear that no vestry has any
authority to bind succeeding parishioners to any such permanent charge.
If the origin of the payment could have been shewn, and it had
appeared that there were any parish lands which had been originally
charged with this payment the claim might be supported; but in the
absence of such proof, I am of opinion that the continuance of this
annual payment cannot be enforced, and that judgment must be entered
for the defendant.
PENZANCE - At the monthly sitting, on Tuesday last, forty-five cases
were entered for trial. PENGELLY v. PASCOE, high bailiff, was a case
adjourned from last court for delivery of his Honour's decision. The
principal question at issue was, whether the high bailiff could sell
leasehold property under an execution from the court. The judge
decided in the affirmative.
ARSON v. A VAGRANT - On Sunday last, about twelve o'clock, a young
man called at the house of Mr. WILLS, at Twelvewood, in the parish of
Liskeard, and asked for alms; but being refused by Mr. Wills, the
fellow went and set fire to Mr. Wills's wood rick, containing about one
thousand fagots. Mr. Wills shortly afterwards from his door-way saw
the smoke arising, and mounted his horse and rode to the spot, where he
found the man standing by and looking at the fire. He seized the
vagrant, and sent for DAW the Liskeard constable, and on Monday the man
was committed by Mr. LYNE to take his trial at the assizes for the
offence. Last week a similar offence was committed at Yolland, in the
parish of Linkinhorne, but the parties escaped detection. It is hoped
that measures will be taken to stop the begging, &c. of able-bodied
young men, which now exists to an unprecedented extent, and many in
country places give to them under fear of what they may do in case of
refusal.
CHARGE OF FELONY AGAINST A VAN-OWNER - On the 23rd ultimo, cloth,
&c., being materials for a suit of clothes, were purchased of Mr. GILL,
draper, Truro, by Mr. LUKE BICE, of Camborne. The parcel was made up
at Mr. Gill's, and directed to Mr. Bice, "per PHILLIPS's van." Mr.
Gill's errand-boy was sent with the parcel to the van, and seeing a man
at the West Bridge, Truro, near the vans, he inquired for Phillips's,
and the man said he belonged to that van, on which the boy gave him the
parcel. It being found that the parcel had not reached its
destination, the errand-boy was sent by Mr. Gill to endeavour to find
the man to whom he delivered the parcel; and in Boscawen Street, he met
with JOSEPH WILLS of Gorran, a van proprietor, whom he believed to be
the man, but on asking him, Wills denied that he received the parcel.
On Wednesday last, however, Wills took the articles (having previously
taken off the wrapping) to the shop of Mr. JAMES, pawnbroker, Truro,
and offered to pawn them for GBP1, but Mr. EDWIN JAMES, an assistant in
the shop, having received information, detained the parcel and the man,
who was taken into custody by Mr. PAINE, police inspector, and on the
same day was committed for trial at the ensuing assizes.
PASSING COUNTERFEIT COIN - On Friday evening the 29th ult., a woman
called EMMA DUFF passed a bad half-crown to Mrs. SANDERS, of the Ship
Inn, Truro, in payment for a pint of porter, and received the change.
On the following day she paid another bag half-crown to ELIZABETH
MORGAN, a retailer of fruit, of whom she had a pint of strawberries.
And on the same Saturday night Duff and another woman had a quart of
porter at the New Inn, Truro, for which Duff paid a bad half-crown to
the landlady's servant. On the parties discovering that the
half-crowns were bad, information was given and the police apprehended
Duff, who was brought before the magistrates on the 2nd instant, and
committed for trial at the assizes.
TRURO POLICE - On the 3rd instant, EDWARD CRAGO, being convicted the
second time of drunkenness, was committed for three months, in default
of entering into regconizances, himself and two sureties in GBP10, to
be of good behaviour for three months.
CHAD BELZOE[?], an East Indian, was committed for fourteen days to hard
labour, for procuring and causing a child to gather alms.
On Monday last, ELIZABETH ROWE was committed for fourteen days for
being a prostitute and behaving disorderly in Lemon-street.
ANN DAVEY was committed for twelve days to hard labour for a similar
offence.
ELIZA ROWE was committed for one calendar month to hard labour, for a
similar offence at the same time.
ELIZA, wife of JOHN BODY, carpenter, was fined 5s. with 15 s. costs,
for assaulting ADD GIDLEY on the 23rd ult.
MARY ANDERSON, a deaf and dumb woman, was committed for fourteen days
for begging; and JOHN GORDON ANDERSON was committed for fourteen days
to hard labour for aiding and abetting Mary Anderson in committing the
offence.
THIMBLE-RIGGING - On Tuesday afternoon, EDWARD DUNSTAN went to an inn
in Calenick Street, Truro, kept by HENRY TUCKER, where he met with a
fellow called GEORGE SMITH, alias "COCKNEY GEORGE," and other men, who
were drinking. Smith invited Dunstan to drink, and then produced three
thimbles and two peas, and after some persuasion he induced Dunstan to
play. Dunstan was also urged on by the other parties till he lost
about 12s. 6d., all the money he had. Smith and another man, who
appeared to be a confederate, then left the house; but Dunstan applied
to the police, and Serjeant HARE apprehended Smith, at his lodgings at
the Exeter Inn. On Wednesday last, Smith was brought before the Truro
magistrates, and committed to take his trial at the assizes, for
stealing Dunstan's money.
COMMITTAL - On Thursday the 5th instant, JOHN CHERGWIN, was charged
before the magistrates at Penzance, with having criminally assaulted
LOVEDAY EDWARDS, on the night of the 28th of May last, near Sancreed
Church Town. He was committed for trial at the assizes.
ROBBERIES AT TUCKINGMILL - On the night of Saturday last, the
premises of Mr. ROGERS, of the Commercial Inn, Tuckingmill, was entered
and several fowls were stolen, and a gig, in an outhouse in which the
fowls were roosting, was seriously damaged. No clue to the thieves has
been obtained, but suspicion rests upon certain parties, who it is
hoped will not escape conviction.
On the same night, the garden wall of Capt. MATTHEW ROGERS was scaled,
and a quantity of wearing apparel, left there for the purpose of being
bleached, was carried off. The thieves as in the other case, are not
known.
ACCIDENT - On Monday last, as the servant was driving several of the
children of Archdeacon PHILLPOTTS in a car, down a steep hill near
Lanner in Gwennap, the horse suddenly fell and the children were all
thrown with great force out of the car to the ground. Fortunately no
bones were broken, and they all escaped with broken parasols, a few
scratches, and disordered dressed; but the horse, which was a very fine
animal, had his knees deeply cut. Timely assistance was rendered, and
the children were soon forwarded on to Penryn.
FATAL MINE ACCIDENT - On Tuesday last, as a young man named RICHARD
STEVENS, of Try, in the parish of Gulval, aged 22, was in the act of
wheeling some tin stuff to a platform at the 90-fathom level, in a
shaft at Wheal Mary, in the parish of Lelant, by some means he fell
fifty fathoms into the shaft, and was killed on the spot. It is
supposed that his candle was accidentally extinguished, and that, in
going for a light, he missed the ladder road and walked to the shaft.
CORONERS' INQUESTS - The following inquests have been held before Mr.
GILBERT HAMLEY, deputy coroner; At Stratton, on the body of WILLIAM
COLE, a lad who was killed by the wheel of a waggon which passed over
him. He was riding on the waggon, and fell off by a sudden jerk, when
the waggon was turning a corner. Verdict, "accidental death."
On the 7th instant, on the body of ARTHUR CLOKE of Davidstow, deceased,
who was one of Poundstock, came into a public house kept by JOHN
GREENWOOD at Davidstow, at six o'clock on the previous morning, Mrs.
Greenwood seeing him looking ill, persuaded him to go to bed, and he
desired to be called at half past nine. He came down stairs at that
time, and whilst looking at the clock, he fell down in a fit and
received a severe blow in the back part of the head. He rallied a
little, but in a course of the day he had seven fits, and he died the
same evening. Deceased was attended by Mr. WEST surgeon, of Camelford,
who never had the slightest hope of his recovery. Verdict, "died by
the visitation of God."
The following inquests have been held before Mr. HICHENS, coroner:- On
Friday last, at Camborne, on the body of NICHOLAS PASCOE, aged 39
years, who met with his death at Dulcoath Mine on the preceding day,
whilst at his labour at the 133 fathoms level. The deceased and
WILLIAM HENRY TERRILL were engaged in removing a stage, and the latter
was in the act of delivering it to the deceased, when a mass of
[g.......] turned out from one of the sides of the level and crushed
the deceased's head against the opposite side, thereby causing instant
death. Verdict, "accidental death."
On Monday last, in the parish of Uny Lelant, on VINCENT UREN, aged 64
years. The deceased, who occupied with his brother a small farm, had
been in a delicate state of health for some years, but not so as to
prevent his pursuing his occupation; and on Saturday morning last he
left his house after breakfast and went into a croft about 300 yards
therefrom to put together some turf, where about two hours after he was
found lying on his face quite dead, having as it is supposed from the
quantity of blood lying on the ground, burst a blood vessel. Verdict,
"natural death."
The following inquest has been held before Mr. CARLYON, coroner:- On
Tuesday last, at Pool, in the parish of Illogan, on the body of JAMES
TREVELS [?], aged 15 years. Deceased was a miner and worked in Tin
Croft Mine. On Monday last he was employed at the hundred and fifty
fathoms level wheeling stuff to be drawn up through the engine shaft.
The barrow he was filling was resting on a solar, which was supposed to
be perfectly secure, and his comrade was on a stall about four feet
above him, throwing down stuff for him to fill it with. Whilst so
employed the solar gave way, and he was precipitated, barrow and all,
into the water beneath, which was between five and six fathoms deep.
It was found necessary to draw off nearly all the water before the body
could be recovered. This was done as soon as possible, but nearly
twenty hours had elapsed from the time of the accident before it was
got at. Verdict, "accidental death."
EMIGRATION TO AUSTRALIA (from the Devon extracts) - The "Cheapside,"
Captain LEWIS, arrived at Plymouth on Saturday evening to embark the
West of England emigrants, and sailed at an early hour on Friday
morning the 6th instant, for Adelaide, Australia, with a full
complement. Both the above vessels are under the charter to the
Emigration Commissioners, and are consigned to Mr. WILCOCKS the agent
for emigration, to whom these first class vessels, were consigned last
year, taking a large number of people from the West of England, who
have all obtained good situations in the colony; and both Capt. Lewis
and Capt. BLACKBOURNE were highly complimented by the authorities there
for the excellent order in which their ships arrived. Mr. Wilcocks,
has received important advice from Adelaide within the last three days.
This colony is progressing most satisfactorily, and notwithstanding
the large arrivals, no impression had been made on the labour market.
QUESTION RESPECTING AN ACCOUNT-HOUSE:- On Wednesday, the 5th inst.,
RICHARD JAMES was convicted of breaking and entering the account-house
of Treviskey mine, in Gwennap. On Thursday morning, the prisoner was
placed at the bar to receive sentence; on which his advocate, Mr.
SHILSON, moved an arrest of judgment, on the ground that the building
named in the indictment (the account-house of Treviskey mine) was not
such a building as was contemplated by the statute, 7th and 8th George
IV, chap. 29, sec. 15, under which the prisoner was indicted. The
statute, he said, was passed for the purpose of protecting three
descriptions of buildings, which were mentioned, namely, a shop,
warehouse, or counting-house. In the present case, however, the
evidence was that the building consisted of three rooms; at one end was
a kitchen, at the other a room called the office used by the captains,
and in the middle was a store-room where the materials were kept. A
door led from the store-room to a passage, which communicated with the
kitchen and what was called the office; and the entry was effected by
breaking the window of the store-room, at the back of the building, the
door of the store-room leading to the passage being afterwards opened,
and admission gained to the kitchen and office. It had been held by
Mr. Justice PATTISON that a shop, to come within the meaning of the
statute, must be a place where goods were exposed for sale, and that a
mere workshop, was a blacksmith's or carpenter's shop, was not within
the intention of the statute. Lord Denman, however, in another case,
had held that a blacksmith's shop was within the meaning of the
statute; and on this ground, because there was a difference of opinion
between the Judges, he applied to have a case stated for the opinion of
the superior court. He submitted that the place called the office
could not be considered as a counting-house. The prisoner was indicted
for breaking and entering a counting house; but the meaning of the act
was a merchant's counting-house. The room called the office at
Treviskey was a place where the captains took their meals. It was true
the books were also kept there; but so they were at other places of
business, and if in this case, so it might be said that every place of
business in which men might be paid, was a counting-house if the books
were kept in one part of it. It was said on the other side (which he
contended was wrong), that the whole of the building together must be
taken as a counting-house. And even assuming that the office in
question was a counting house, the breaking and entering was only into
the store-room, admission being gained from inside to the other rooms;
and why was not the indictment for breaking and entering the
store-room? On these grounds he applied for a case on which to have
the opinion of the Court above. Mr. HOCKIN, for the prosecution,
replied that the difference of opinion referred to, between the judges,
existed at two different periods. Mr. Justice PATTISON's opinion was
given in King v. Sanders, 9 Carrington and Payne, whilst Lord Denman's
opinion was given more recently; and it could not be shown that the
judges now differed in opinion. The Court had been asked to limit the
meaning of the word counting-house to a merchant's counting-house; but
why should not a miner also have a counting-house, even if he kept
stores in one part of the building? The witnesses, when asked at the
trial, considered the whole building to be the counting-house; and
every counting-house on a mine had several rooms, including one in
which to keep the books and pay the men. The whole building being
therefore the counting-house, the breaking and entering of any part was
sufficient to bring the offence within the meaning of the statute. But
even if the office alone where the books were kept, was considered a
counting-house, the offender had done sufficient to bring him within
the statue, for the door of the material-house opening to the passage,
had been broken, in order to get to the office and kitchen. He then
cited cases to show that if a party enters a house without breaking,
and yet when in, he breaks, he was liable to be indicted for burglary.
After hearing the arguments, the Chairman said the Court was of opinion
that the building in question was a counting-house within the meaning
of the act.
APPEALS - Roche, appellant, Mr. HOCKIN and Mr. CHILDS; St. Austell,
respondent, Mr. SHILSON and Mr. DARKE. Appeal against an order for
removal of THOMAS RUNDLE, his wife, and seven children from St. Austell
to Roche. Mr. Hockin took a preliminary objection under the recent
statute 11 and 12 Victoria, c. 31, sec. 2., which provides that a
statement in writing of the grounds of removal should be sent with the
order of removal. In the present instance, the statement sent
contained only the particulars of settlement; and appellant's advocates
argued that it should also have included the fact of paupers'
inhabitancy in St. Austell parish, their chargeability, and that
complaint of the same had been made to the justices. As, therefore,
the statement was defective, the order could not be sustained. Mr.
Shilson and Mr. Darke replied that the only object of sending the
statement was that the parties might have notice to prepare for trial,
and that object was answered by the statement containing merely the
particulars of settlement. But besides this a notice of changeability
had been sent, which set forth the inhabitancy and chargeability of the
paupers. Mr. Hockin observed that still no complaint was set out. To
which it was replied that it was not necessary as all the facts were
given in the two documents sent, which were necessary to be known to
make the warrant of removal. If, however, the statement were
defective, the Court had the power to amend it. Mr. Hockin replied,
and also said the power to amend did not do away with the requirements
of the 2nd section of the statute. The Bench thought the objection
could not prevail, but said it would, perhaps be convenient if the
statements referred to were embodied in one paper in future.
Respondent then called witnesses to show a settlement in Roche parish,
by apprenticeship of the pauper to STEPHEN COCK, of Roche, tailor. The
pauper stated that he was bound by indenture, when he was twelve years
of age, that the premium was GBP5, and that the father paid GBP6 and a
shilling. (This, Mr. Shilson said, must have been GBP1 for the stamp
and a shilling for the parchment). JOHN ROWE, son of the former parish
clerk of Roche, to whose care the indenture had been committed, stated
that his father had destroyed papers before his death, and that on
searching for the indenture among the remaining papers he could not
find it. On the part of appellants, STEPHEN COCK, tailor, at Roche, to
whom the pauper was apprenticed in the year 1827, stated that the
indenture referred to was a mere agreement drawn on plain paper,
without any stamp. JOHN HIGMAN, of Roche, who was present when the
document was signed, deposed to the same effect; and GEORGE EDYVEAN, of
Roche, stated that he had heard pauper say, he was not bound. Mr.
Shilson replied, and the Court retired to deliberate. On their return
they quashed the order, with common costs.
Tavistock appellant, Mr. BRIDGMAN and Mr. STOKES; Liskeard,
respondent, Mr. HOCKIN and Mr. LYNE. Appeal against an order for
removal of CHARITY GUNDRY and four children from Liskeard to Tavistock.
In this case the grounds of removal alleged by respondents were, a
settlement by birth; secondly, a settlement by the father of the pauper
renting a tenement in Tavistock; and thirdly, a settlement by relief of
the widow of JOHN GUNDRY, pauper's father. The first ground of appeal
stated that neither pauper's husband, herself, nor her children, were
at any time legally settled in Tavistock parish, in manner or form as
alleged in the grounds of removal. And another ground of appeal was
that the relief given by Tavistock was given by mistake. Mr. HOCKIN
objected that the first ground of appeal, stating merely that the
pauper "was not at any time legally settled," was so general that
respondents ought not under it to be obliged to go into their grounds
of removal. For to prove a settlement by renting a tenement, it would
be necessary to prove five or six distinct points, such as, that it was
a separate and distinct tenement, that the rent exceeded GBP10 a year,
that the rent was bona fide paid, and other points. Was it fair for
respondents to be brought there under this general ground, and then to
be tripped up on any particular point. If the rating were objected to,
or the payment objected to, why was it not specifically stated, that
respondents might know what they should have to meet. He cited cases,
and submitted that such a general ground of appeal was not fair, that
it was not within the intention of the legislature, and was opposed to
the practice of the Court. Mr. Bridgman, and Mr. Stokes, in reply,
cited a later case than those mentioned by Mr. Hockin, The Queen v. St.
Giles, Colchester, 3rd volume, New Sessions Cases, p. 240, in which
Lord Denman and the other Judges affirmed the principle that a general
traverse would take in issue the whole of the particulars included. In
the present case the traverse was as complete as it could be; it was an
express denial of all the statements in the grounds of removal. In the
case cited there was only a simple denial, but not content with this,
in the present instance the statement was that they were not legally
settled "in the manner or form as allege on the grounds of removal,"
which words applied to the alleged settlement by renting a tenement;
and with regard to the alleged settlement by relief, the answer in the
grounds of appeal was that the relief was given by mistake. Mr. Hockin
replied that the case cited was different from the present; in that
there was only one settlement by birth, while here there were two
distinct settlements. The question was whether the real points they
intended to attack were not imperfectly set forth by the appellants.
The Court over-ruled the objection. Mr. Hockin then called ANN GUNDRY,
aged 82 years, widow of JOHN GUNDRY, who said her son JOSEPH was born
at Shilla-mill, in Tavistock parish. She, her husband, and son
afterwards lived in West Street, Tavistock, for three years, in a house
belonging to Mr. RALPH, which they wholly occupied at GBP19 a year, and
GBP3 rates. She had a great dislike to go westward, and took the house
in order to get a settlement in Tavistock. They left Tavistock
twenty-three years ago, since lived at St. Blazey for seventeen years,
returned to Tavistock, and had pay for three weeks, went back to
Tywardreath, and received pay from that parish. The old woman was
cross-examined by Mr. Bridgman, but after some questions, she
occasioned some amusement by saying she would not be hurried in that
way, and would say no more about it. After several attempts at
questioning, to no purpose, she was taken out of the box. Mr. Hockin
then presented a certificate that relief had been given to Ann Gundry
by Tavistock union. Mr. Bridgman next opened his case by stating that
the old woman was altogether mistaken in her relation of the facts; and
he then called -----ANDREWS, SAMUEL WHITBURN, a miner who had worked
with pauper's father, and THOMAS GIBBONS, who had lived in the same
house with old Gundry at Tavistock. Mr. Andrews, relieving officer of
Tavistock union, proved that the relief given to Ann Gundry was given
by mistake, the guardians supposing her statement to be correct, that
her husband had lived in the town, and rented a house of GBP17 or GBP18
a year. The other evidence was that John Gundry, pauper's father, was
a miner who came from the west, worked in the Creeburn mine, lived
first at Shilla-mill, and then in West Street, Tavistock, where he
occupied only two rooms of a house at the rent of GBP4 a year, other
parties living in the front part of the house. The old woman was also
contradicted in other statements; and Mr. Hockin, on the part of the
respondents, abandoned opposition to this part of the case. Mr.
Bridgman then called Joseph Gundry, of Wendron, brother of pauper's
father, who proved that pauper was born an illegitimate in the parish
of Wendron. Order quashed. Mr. Bridgman submitted that consideration
[..... ........ ........?] of the case, he was entitled to
[.........?] costs. Mr. Hockin opposed; but the Court granted costs of
GBP20.
St. David, Exeter, appellant, Mr. SHILSON, and Mr. BRUTTON, Exeter;
St. Clement, respondent, Mr. HOCKIN and Mr. DARKE. This was an appeal
against an order for the removal of RICHARD TRETHEWY, his wife, and two
children, from St. Clement, Cornwall to St. David's parish, Exeter.
The grounds of removal set out that the pauper's father in 1835, rented
a tenement, in Northernhay Street, St. David's, Exeter, at a rent of
ten guineas yearly, that he was assessed to the poor-rates, and gained
a settlement; and that the son derived a settlement from his father.
The grounds of appeal alleged that the son was not settled, insomuch as
he was emancipated before his father gained a settlement. Respondent's
advocates argued that on these ground of the son. The practice at
sessions had been that if there was a general ground of appeal, and in
addition particular grounds to confine the proof to the particular.
The recent statute made no alteration as to the particularity necessary
in the grounds of appeal, and the question was whether the present
grounds of appeal were not calculated to mislead. It had been held
that a general ground was sufficient to enable the parties to prove
every thing included; but in this case a general ground was given, and
then the particular one that the pauper was emancipated, leading
respondents to the conclusion that the only objection was on account of
emancipation. By setting up a particular ground, the general ground
was abandoned; the father's settlement was not denied, but was admitted
by appellants alleging the emancipation of the son; in support of which
King v. Widdicombe was cited. Mr. Shilson replied that in the Queen v.
St. Giles, Colchester, the Judges had decided that a general denial was
sufficient to put the parties to prove the whole issue. Looking (as
one of the Judges had said) to the examinations and grounds of appeal
as the pleadings in the case, there were the allegations of settlement
on the one side and the denial on the other; and he did not see that
the appellants could be called on to prove a negative. He contended
that appellants might set up a new case under the general ground, and
denied that the stating of the son's emancipation admitted the father's
settlement. He submitted that sufficient notice had been given on the
grounds of appeal to the parties to prepare for trial, and that was all
that was required. Mr. Hockin replied, and the Court retired. On
their return the Chairman said they were of opinion that the general
ground[?] did not put the father's settlement in issue. Mr. Shilson
then applied under sec. 4 of the recent act, that the court should
amend the ground of appeal; and he referred to letters which had passed
between the solicitors on each side to show that there was no ground of
surprise on the part of respondent's attorney, appellant's attorney
having stated that he could not admit the settlement of the father, who
must be put into the witness-box.
Mr. Hockin and Mr. Darke submitted that the Court had not the power to
amend in this case, as the error was one of substance and not of form.
The act did not intend that there should be power to amend so as to
oblige parties to give evidence which on the grounds of appeal they
would not have to give. The power to amend was only when by some
omission in form a certain class of evidence was excluded. Mr. Shilson
replied, contending that the court had power to amend; but after
consideration the Chairman said they did not think it was in their
power to amend in this case. Mr. Shilson then applied to have the case
postponed, as the act allowed; but to this respondents replied that the
power of postponement was only one of the terms of amendment. Mr.
Shilson next called RICHARD TRETHEWY the elder, and several witnesses
from Exeter, &c., to prove the emancipation of the son before a
settlement was gained by the father. After the evidence, however, had
been given, Mr. Hockin contended that the emancipation had not been
made out, as the separate residence of the son and his independence of
his parents after he was of age and before he was married, had not been
shown. Mr. Shilson submitted that when the son went to live with a
Mrs. Harris for a short time, in consequence of a quarrel with his
mother, it amounted to a separation. But on considering the whole
evidence the Court was of opinion that emancipation had not been shown.
Order confirmed; common costs; maintenance GBP2. 15s. 10d.
20 JULY 1847, Friday
ECCLESIASTICAL - The Rev. JOHN GLENCROSS has been instituted to the
Vicarage of St. Kew, void by the death of the Rev. JOHN SAMUEL SCOBELL,
on the presentation of Mrs. E. H. EVERY, of Cambridge, widow.
SCILLY - The schooner "Favourite," of London, from Cardiff, bound to
London, came into this port on Sunday afternoon last, having on board
the body of THOMAS JACKSON, the master, who died suddenly on the same
morning, it is supposed of cholera. The body was interred as soon as
possible.
MEVAGISSEY - We regret to learn that the cholera has appeared at
Mevagissey, and that some deaths have taken place (as is reported) from
that disease. No definite information, however, has yet reached us on
the subject.
SHERIFF OF LONDON - Election of Mr. W. LAWRENCE - Mr. William
Lawrence, formerly of St. Agnes in this county, was elected sheriff of
London on Monday last. This high compliment to Mr. Lawrence (one of
the crowning results of honourable industry and perseverance) will be
received by his relatives and Cornish acquaintances (to whom he had
ever been a steady friend) with much satisfaction. Mr. Lawrence's
mother and other branches of his family still reside at St. Agnes.
FALMOUTH - The detachment of the 82nd regiments under Major BENDER,
at Pendennis Garrison, received the route for Plymouth last week, but
the order has been twice countermanded in consequence of the cholera
prevailing at the latter place.
EFFECT OF EXECUTION - A correspondent informs us that JOHN VANSTONE
and WILLIAM LEE, were executed at Bodmin on the 1st of September, 1802,
for burglary; the daughter of one of them saw her father executed and
immediately afterwards went into the town and stole a loaf of bread.
NARROW ESCAPE AT PORTREATH - On Friday last, Mr. JOHN DAVEY, Mr.
DAVID BAIN, Mr. GEORGE GARLAND, and EDWIN WILLIAMS sailed out from
Portreath in a small boat, which when about half a mile off was upset
by a squall, the boat carrying a high said. The whole company was seen
struggling in the sea, and Mr. GOSTICK, who was in another boat rowed
by two men, hastened to their assistance. Mr. Garland was the first
man taken into the boat. Edwin Williams said he could swim, and nobly
requested Mr. Gostick to rescue the other two. Mr. D. BAIN was next
taken up into the boat. Mr. John Davey, who had sunk twice was sinking
a third time, and would have perished, had not another boat coming from
St. Ives, with a man and two boys to speak to a vessel, at that moment
arrived, and the man reaching down his arm into the water grasped Mr.
Davey by the hair of his head, and got him into the boat, after he had
been in the water about eight minutes and a half. They had repeatedly
laid hold of the boat, when capsized, but she as often turned over,
like a barrel. Mr. Gostick said that he could not have save Mr. Davey,
as he was very busily engaged in rescuing those nearer to him. When
Mr. Davey was taken into the boat he more resembled a dead than a
living man. The parties are much respected at Portreath, and the
excitement at this place was very great. The porters left their work
on the quay, many boats were put off, and the distracted women ran
about screaming on the pier. Mr. HARRIS, surgeon, was sent for to
bleed some who were suffering from fright and other causes.
A WAGGON AND FURZE BURNT - On Monday last as Mr. W. JOSE, late hind
with Mr. DAVEY, of [Boschym?], in Cury, was driving a waggon laden with
furze, when near Polwyn gate he discovered the furze to be on fire. As
the flames were increasing, Mr. Jose became alarmed and started off at
a smart trot to reach a stream of water which was near at hand, but the
faster he went the more the fire spread, and before he could reach the
water he was compelled to take out the horses to save them from being
burnt. The furze and waggon were entirely consumed; [.......?] was the
cause of the fire, the weather being very hot at the time.
INCENDIARISM - On Tuesday night last, about twelve o'clock, a large
rick of furze was discovered to be on fire, in the town-place of
Tregeddle estate, in the parish of Cury. Mr. ROWE and his servants
were soon on the spot, and every exertion was made to extinguish the
flames, but without effect. The barn, mowhay, and dwelling were in the
direction that the flames were spreading, and for some time fears were
excited for their safety, but fortunately the wind, which was at first
blowing fresh abated, otherwise the fire would doubtless have spread
over the whole town-place. It is believed to have been the act of some
malicious scoundrel, who we hope, will be shortly brought to justice
and punished. The rick was probably the largest ever seen within ten
miles of Tregeddle, but fortunately Mr. Rowe was insured.
DARING ROBBERY AT TREGULLOW - On Saturday night last, a most daring
robbery of a large amount of property was committed at Tregullow, in
the parish of Gwennap, the residence of Mr. WILLIAM WILLIAMS. After
the family had retired to rest, the robbers effected an entrance by
forcing the window next to the library, on the eastern side of the
house. By introducing an implement underneath the window-frame
outside, they lifted the inner fastening, and then opened the shutters.
After gaining admittance the robbers ransacked the room which they
first entered, and then proceeded through nearly all the rooms in the
lower part of the house, including the dining-room, drawing-room,
library, &c., searching even the lobby. They forced the locks in the
pantry and other places, and ransacked the drawers in different rooms;
but their evident object was to get possession of money and silver
articles, and so minute were they in their search that they went to
Mrs. Williams's work-basket and took her silver thimble leaving the
other things. It is supposed that there were several fellows
concerned, and it appears that they went about the house wither with
bare feet, or with a small piece of cloth about them, as the marks of
their feet were apparent next morning on the stones of the passage.
They had a candle with them in the house, there being the mark of
grease on the window where they entered, and in the library they left
part of a candle; also there and in other parts of the house some
matches were found. The thieves likewise went into the kitchens, and
opening the back doors they visited the outhouses and the dairy. The
only rooms in the lower part of the premises which they were foiled in
entering were the store-room, and the beer-cellar; the former they
tried to force, leaving the marks of their instrument on the door, and
the beer-cellar door, they endeavoured to open with a key belonging to
another outhouse, but it did not answer their purpose. They made their
exit by the front door, carrying with them a considerable quantity of
plate, including some splendid articles, bearing Mr. Williams's crest,
and amounting to about six hundred pounds' worth of property.
It is singular, however, that although the thieves were generally so
minute in their search, they overlooked a drawer in the pantry, (the
only one that escaped them and which contained a considerable number of
small portable articles of silver. When the servants came down stairs
on Sunday morning, every thing was found in confusion; the front door
open, the back doors open, and some swing doors in the house also open.
The butler, on going to his pantry, found the place ransacked, and the
plate being missed, the household were alarmed, and a messenger was
sent to Truro to give notice to the police. Messrs. SMITH and ROBERTS,
of Truro, solicitors to Mr. Williams were also communicated with, and
every possible inquiry and investigation was immediately set on foot.
It appeared, in the morning, that in addition to other articles the
fellows had taken a candelabra, but which when outside the door they
found was not silver, and breaking the branches off they left it there.
On Monday search was continued in the surrounding plantations, it
being surmised that some of the property might be hidden, and in the
course of the day several valuable articles were discovered, including
a large well-dish, two silver waiters, dish covers, and a number of
smaller articles, leaving, however, a very considerable amount of
property unrecovered. These articles were found concealed in the
plantations near the public road, and were hidden in rather an exposed
situation, the articles being covered. The robbery was of a very
daring character, as there were a number of servants in the house, and
from circumstances it is believed to have been commenced so early as
eleven o'clock on Saturday night. In the course of the night, Mrs.
Williams heard a noise, and rang the bell, on which the servants went
through every room in the house except one, but discovered no robbers.
There are strong reasons for concluding that the parties were well
acquainted with the premises. The window at which they entered was the
easiest for them to break into of any in the house, and it was the most
remote from the sleeping apartments of the inmates; indeed there was no
one sleeping in that part of the house on the night of the robbery.
But what is more remarkable is the fact that not far from outside the
window at which entrance was effected, in a very large and fierce dog,
which made no noise on the night in question, and the conclusion is
that one of the thieves must have been familiar with the animal and
have kept him quiet. Every exertion is being made to discover the
parties and a reward of GBP50 has been offered for their discovery and
conviction.
Since the above was written, the following has transpired in reference
to this robbery. On Wednesday some few articles of the stolen
property, amongst other things Mrs Williams's thimble, was found near
Redruth, on the hedge bounding the turnpike-road, and apparently placed
with a view to their discovery, these articles being no doubt intended
to act as a decoy to those who were investigating the affair, in order
to lead them from the real direction taken by the thieves. This was
the view taken of the matter by Mr. Roberts (who, we believe, had been
every day since the robbery at Tregullow), and subsequent events proved
the justness of his conclusion. On Wednesday night, between eleven and
twelve o'clock, two men were going from Truro to their residences in
the parish of St. Erme. When passing by a field near the village of
Trispin, about four miles from Truro, they heard a man inside the hedge
in an under tone speaking to a horse as if endeavouring to catch him.
They listened, heard the sounds repeated, thought the man intended to
steal the horse, and concluded they would watch to see the result. In
a very short time, a man came to the gate of the field, looked over,
and immediately retreated. The men outside said, "he has seen us, and
we'll follow him." They entered the gate, and immediately inside they
saw two handkerchiefs and a sack, which they took up and found to
contain weighty articles. They looked about for the man, but could not
see him. It being too dark to examine what they had found, they took
the sack and handkerchiefs to a house, where they found them to contain
silver articles and one of the men having seen at Truro in the course
of the day handbills offering a reward of GBP50, on account of a
robbery of silver articles from Tregullow, they gave information to a
constable, to whom they delivered the articles, and again went in
pursuit of the man whom they had seen in the field, but without finding
him. On Thursday morning the constable and the men brought the
recovered articles to the office of Messrs. Smith and Roberts, at
Truro, and on examination it was believed that the sack and
handkerchiefs contained the whole of the remaining part of the
property. There is no doubt that the fellow was catching the horse, in
order to ride away with the booty, which was of very considerable
weight; and it happened that the horse belonged to the constable to
whom the silver was afterwards delivered and who would probably have
had his horse stolen but for this fortunate detection. There are no
marks on the sack or handkerchiefs, but there is reason to believe that
the thieves will not long elude apprehension.
TORPOINT PETTY SESSIONS - At these sessions, on Tuesday, the 9th
instant, before Mr. CORYTON ROBERTS, and Captain TUCKER, SAMUEL CRAIG
was summoned for assaulting SARAH GREENSLADE, on the 26th of May last.
The bench considered the offence was of a most trivial natures, and
fined the defendant the smallest possible fine, namely, 1s. and the
costs; which altogether amounted to 6s. 6d.
BENJAMIN CANE was summoned for assaulting GRACE ASKETT, on the 6th
instant. The complainant stated that the defendant was constantly in
the habit of beating her children. On the 6th instant she heard her
children crying, and on going out to remonstrate with the defendant on
his conduct, he began to abuse her very much and struck her some
violent blows which made the blood gush from her ears, nose, and mouth,
and she had been forced to keep within her house in consequence for a
day or two. The bench considered this to be an assault of the most
brutal description, and thought they were scarcely doing right in not
levying the full penalty the law allowed - namely, GBP5; but,
considering he was an apprentice, and that if the fine was paid it
would come out of the pocket of his parents, they would fine him GBP3
and the costs; in default of payment, one month's imprisonment.
TRURO POLICE - On the 12th instant, GEORGE SMITH and ISAAC CUMMING,
who were concerned in a case of thimble-rigging, by which EDMUND
DUNSTONE, of Veryan, fish-seller, was fleeced of his money, were
committed for trial at the assizes for stealing Dunstone's property.
On Friday last, ROBERT SPRY REED, a smith, of Truro, was charged with
stealing 30s., the property of LUKE WARNE MICHELL, of St. Erme, miner.
This was another case of thimble-rigging. Michell came into Truro on
the morning of the 19th of May, and met Reed in Boscawen-street, who
said he was a farrier, and after some conversation asked Michell to
distribute some circulars for him in the country. He then persuaded
Michell to go with him to the Golden Lion Inn, Calenick-street, where
there were other men drinking. Reed there treated him to some beer,
and ultimately induced him to play with the thimbles which were
produced by another party, and in consequence of which Michell having
foolishly gone on betting, lost thirty shillings. Reed was afterwards
apprehended by Sergeant HARE, and committed for trial at the assizes.
On Saturday last, HENRY PLYNN was find 5s., and 20s. costs, for having
assaulted GEORGE CLIFT on the 12th instant.
On Thursday, JOHN LEMON JONES and WILLIAM HENRY MAY were convicted of
wandering in the streets and begging. Jones was committed for fourteen
days, and May for ten days to hard labour.
On Monday last, Mr. THOMAS WOTTON, of Lemon-street, schoolmaster, was
granted a license as an emigration agent for passages to North America.
ESCAPE OF PRISONERS - On the 11th instant, JOSEPH WILLS, of Gorran, a
van proprietor, was committed for trial at the assizes for stealing
cloth, &c., the property of Mr. GILL, draper, Truro. On the following
day WILLIAM PLYMIN, the contractor for the conveyance of prisoners from
Truro to Bodmin, took Wills in charge, but on arriving with him just
outside the county lunatic asylum near Bodmin, the prisoner threw
himself over the contractor's cart, and effected his escape, though he
was handcuffed at the time. There was another prisoner in the cart,
and it is stated that when Wills threw himself over, the horse started
off. On the next day Mr. Plymin was taking another prisoner to Bodmin,
when ill-luck of the same kind befell him. The prisoner was GEORGE
SMITH, alias Cockney George, alias George Yarmouth, a fellow who had
been committed for trial at the assizes for stealing money from two
persons by means of thimble rigging. Plymin conveyed him to the door
of the county gaol at Bodmin, but before the door was opened for his
reception, the prisoner contrived to effect his escape. This man was
also handcuffed with one of the old "eight" sort of handcuffs. The
contractor has offered a reward of ten pounds (five pounds in each
case) to any person or persons who shall apprehend the prisoners, and
lodge them in one of her Majesty's gaols.
FATAL ACCIDENT - On Wednesday the 11th instant, JOHN BREWER, a miner
at the Great Roughtor Consols mine, was working in the shaft, making a
stage to stand on, when he unfortunately slipped his foot and was
precipitated down the shaft about fifteen fathoms. His comrade, JAMES
PINE, who was working with him, on seeing him fall went immediately
down and found him about ten fathoms from the bottom, hanging by one
leg, and his clothes fastened to a nail. Pine called for assistance,
and they soon got the poor fellow to "grass," but quite insensible at
the time. He lived about four hours, and in the meantime they heard
him say "Oh dear! dear! Lord have mercy upon me." The deceased worked
in the capacity of a shaft man, and has left a wife and three small
children. He has been a member of the Methodist Society and a teacher
of the Sunday school for many years, and was a very quiet industrious
man and beloved by all who knew him. Deceased was about thirty-eight
years of age. An inquest was held on the body on Thursday, before Mr.
HAMLEY, coroner, when the jury returned a verdict of "accidental death."
CORONERS' INQUESTS - An inquest was held at Redruth on Tuesday last,
by Mr. JOHN CARLYON, on the body of a child of NICHOLAS WOOLCOCK aged
three weeks. The child had been vomiting and purging for some time,
and on Monday morning she died about five o'clock, in convulsions. Mr.
HARRIS, surgeon, examined the infant, and the jury returned a verdict
of "died by the visitation of God."
The following inquests have lately been held before Mr. J. HAMLEY. At
Liskeard on the 9th instant, on the body of a child, three years old,
named CHARLES BOWDEN PHILP. This case produced a great deal of
excitement in consequence of the child's having been brought into
Liskeard in a dying state, and reports having been spread that the
child had been ill-used by the father, and also that he had died of
cholera. It appeared, however, on the evidence of the father and
mother, (who are tramps0 that they left Saltash to come to Liskeard,
and that at Saltash they gave the child (who was at the time in good
health) some pickled cockles and muscles. Soon after, the child was
taken sick, and continued urging the whole way. Mr. PRIDEAUX, surgeon,
at Liskeard, was called to see the child, whom he found in a dying
state. There were no marks of violence on the body, and he had no
doubt but that he died from dysentery, which might have been produced
by the muscles and cockles. The jury returned a verdict accordingly.
- There was not the least reason to believe that the child had been
ill-used by the parents. They seemed greatly distressed at his death.
The following inquests have been held before Mr. HICHENS, coroner:- On
the 11th instant, in the parish of Gulval, on the body of RICHARD
STEVENS, who was found dead at the 140 fathoms level of Wheal Mary tin
mine, in the parish of Uny Lelant, on the preceding day. The deceased
was employed in rolling tin stuff to the shaft in the 90 fathoms level,
to be taken to the surface, and is supposed to have accidentally
fallen, in the course of his work. Nothing, however, was seen of the
occurrence, and the jury returned a verdict "found dead, cause unknown."
On Saturday last, in the parish of Sithney, on the body of ELIZABETH
HOSKING, who was found dead in her bed on the morning of the 12th inst.
The deceased's health had not been good for some time past, but she
was as well as usual on the preceding day. There appeared no cause for
suspicion of any other than a natural death, and the jury returned a
verdict of "found dead," stating at the same time their belief that the
death was a natural one.
On Monday last, in the parish of Gwinear, on ELIZABETH ANN KNEEBONE,
aged about three months, who was found by her mother dead by her side
in bed on the 14th instant. The child was taken to bed on the night of
the 13th, apparently quite well, and the mother nursed her on going
into bed, and again about two o'clock in the morning, after which she
had no recollection of the child having awaked or moved, but about six,
she found her dead. The mother seemed confident that she had not
overlain it, and two of her neighbours, who were called in on the
discovery of the death, stated that they saw nothing which would lead
them to suppose that she had done so, and the jury therefore returned a
verdict of "found dead, cause unknown."
EXETER DISTRICT COURT OF BANKRUPTCY - Re:- FRANCIS PAYNTER, of
Penzance, solicitor. The bankrupt came up two months ago to pass his
last examination, which was adjourned sine die, with protection for two
months. The two months having expired, Mr. STOGDON applied to have the
protection renewed for a short period, until the bankrupt could again
come up, and seek to pass. A conversation ensued on the subject
between his Honour, Mr. PITTS, (who appeared for an opposing creditor)
and Mr. Stogdon; but ultimately the application was granted. It
appeared that there having been some question as to the non-delivery of
various accounts in the bankrupt's possession, his Honour had directed
Mr. BULLIVANT to go down to Penzance, and they were reported to be on
their way to the court.
VACCINATION - To the Editor of the West Briton. Sir. - I was pleased
to see a sensible letter in your paper of last week, respecting
vaccination, from Mr. TAYLER of Tywardreath. There is a very
deplorable prejudice existing amongst the uneducated about the efficacy
of vaccination, because it may have failed in a very few instances. It
cannot be too generally known, that vaccination is a mild small pox.
Inoculate the udder of a cow, (I have done it often) with small pox
matter, and it will produce the vaccine pustule, the virulence of the
variolous matter being qualified in its transmission through the system
of the animal. What a beautiful provision of a merciful Providence!
Yours very respectfully, J. C. BLEWETT, Surgeon. Lostwithiel.
PUBLIC NOTICE - Whereas a Harvest Waggon has been won by a person
whose name is WILLIAM RUNDLE, jun.; on his application to Mr. WM.
TRESIDDER, St. John's, and on his proving that he is the person who
signed the list, the same may be received by paying the expenses.
Helston, July 9, 1849.
STOLEN OR STRAYED - From Cadwin Common, in the parish of Lanivet, a
light-bay Mare, seven years old, about fourteen and a half hands high,
slightly galled on the right shoulder, has rose marks on the side of
the face formed with the hair, and a long tail. Whoever will give such
information to the owner, Mr. WILLIAM THOMAS, of Cadwin, in Lanivet, as
shall lead to the recovery thereof, shall receive a Reward of Ten
Shillings, in addition to all reasonable expenses. Any person found
having the same in their possession after this notice will be
prosecuted. Cadwin, Lanivet, July 16, 1849.
NOTICE - I, RICHARD MANLEY, residing at Todpool, in the parish of
Kenwyn, miner, do hereby give Public Notice that I will not be
responsible for any debt that may be contracted in my name after the
date hereof, without a written order. Signed, Richard Manley. Witness
JAMES THOMAS. Truro, July 18, 1849.
27 JULY 1849, Friday
MEVAGISSEY - THE CHOLERA - We are glad to learn that the cholera,
which, on its first breaking out here, had assumed a somewhat severe
aspect, has, within the last few days, began to have on the whole a
milder form. Up to Wednesday last, the deaths had amounted to
thirty-three, while thirty remained under treatment. On Friday there
were seven deaths, on Saturday three, on Sunday three, on Monday none,
on Tuesday five, and on Wednesday one. The inhabitants of the town and
neighbourhood are making noble exertions for the relief of the poor,
and we understand that a subscription has just been opened in Truro for
the same purpose. In consequence of some objection which prevails
against the use of fish, the inhabitants have been almost entirely
deprived of their usual employment, and the most prompt measures are
accordingly required for their relief, poverty and want being, as is
well known, powerful aids to cholera. On the first breaking out of the
disease the inhabitants were thrown into a state of great alarm in
consequence of the rapidity with which death followed on an attack, and
this feeling was aggravated by the want of sufficient medical
attendance, Mr. BALL, the surgeon of the place being prevented from
fully attending to the great increase of demands made upon him by an
accumulation of severe domestic afflictions. Within the last few days,
however, the Board of Guardians of St. Austell have appointed Dr.
PADDON, of Truro, to take charge of the patients, and to enforce proper
sanitary regulations in the town, and through means principally of the
energetic proceedings of this gentleman, efficiently aided as they have
been by Mr. W. P. GOVETT, surgeon, of Plymouth, there is every reason
to hope that the progress of the malady will speedily be arrested, and
the health of the town completely restored.
HEALTH OF FALMOUTH AND ITS NEIGHBOURHOOD - We are happy to state that
the town of Falmouth and its vicinity has never been more healthy than
at this time; and the harbour presents a most beautiful appearance,
being crowded with shipping of all nations. Although there are so many
strangers, the police have quite a sinecure, being so orderly that
scarcely a single charge has been preferred during the past month.
FOWEY - While disease is raging in other quarters, we are gratified
in being able to state that this town still continues entirely free
from any epidemic complaint, and the most praiseworthy means are being
adopted, by the more influential inhabitants, to keep the town in that
healthy state, which it has hitherto enjoyed. In the course of last
year, out of a population of about one thousand eight hundred souls,
only twenty-six deaths occurred; of these two were above 90, three
above 80, five above 70, seven adults under 70, three met their death
by accidents, and six died under the age of 6 years.
LAUNCESTON - Mr. CLARKE, the inspector under "The Health of Towns'
bill," has lately paid a second visit for the purpose of bringing the
new law into working in this town. At a former meeting that gentleman
stated that no town was more favourably situated for health and
cleanliness than Launceston, it being elevated beyond the reach of
noxious exhalations, and the geological structure of the rock and
subsoil being of slate formation, prevented all stagnant accumulation.
This opinion has been fully borne out by the facts that during the
prevalence of the cholera in this country in 1832, though all the
neighbouring towns were visited by this disease, there was not a single
case in the town or neighbourhood of Launceston, and by the statement
of Dr. PETHICK at a meeting a few days ago that he believed there had
not been a case of genuine typhus fever in the town for the last
twenty-five years. There is no doubt, but that Launceston might be
made a safe place of refuge in case the present epidemic should extend
in the places where it now exists. It would be well for the
authorities to look carefully to the condition of their town;
independently of any powers to be derived from local acts, the new
general law "The Nuisance Act," would afford great facilities for
carrying out their intentions in this respect, of putting the town in a
clean and healthy state. Indeed where this measure is rightly
understood, and properly enforced, the necessity of any more expensive
means may be altogether avoided.
FOWEY - Some of the members of the Plymouth Natural History Society,
were, last week, highly gratified at Fowey, by a sight of the museum of
Mr. C. W. PEACH, of Victoria Cottage. The museum contains a choice
collection of ornithological, entomological, and mineralogical
specimens, drawings, &c., to which Mr. Peach is constantly adding from
various sources.
TESTIMONIAL TO Mr. WILLIAM HICHENS of COOK'S KITCHEN MINE - Mr.
Hichens having announced the necessity under which he felt himself of
resigning his agency in Cook's Kitchen in consequence of long continued
and increasing ill-health - the men employed in the mine unanimously
resolved to raise a subscription among themselves for the purpose of
presenting some mark of their respect and regard to one with whom they
have been for twelve years working so harmoniously and so
satisfactorily. With the assistance of the agents, the subscription
shortly amounted to about GBP20, which was expended in a beautiful
silver vase, and which, together with a purse of twenty guineas added
by the adventurers in pursuance of a resolution passed at their last
meeting, was presented to Mr. Hichens with every kind mark of sympathy
and attachment on Wednesday last. On the vase were the following
inscriptions:- On one side, "Cook's Kitchen Mine, June 24th, 1849;" on
the other side, "Presented to Mr. William Hichens, by his brother
agents and the miners of Cook's Kitchen, as a mark of their high
estimation of the sterling principle and amiability which uniformly
characterised the performance of his official duties."
SURGERY - Mr. JOHN WAKEM, of Lambessow, near Truro, having undergone
the necessary examinations was on Friday last, admitted a member of the
Royal College of Surgeons.
Mr. ALDERMAN LAWRENCE - Mr. Alderman Lawrence, formerly of St. Agnes
in this county, and lately elected Sheriff of London, became a
parishioner of Falmouth by serving his apprenticeship with the late Mr.
WARD, builder, &c., (in company with Mr. Alderman BLIGHT, of Falmouth,
previous to his departure for the metropolis.
THE LATE FATAL ACCIDENT ON THE TAMAR - We are glad to learn that at a
late meeting of the committee of the Humane Society of Plymouth, it was
agreed to award two sovereigns and a bronze medal to THOMAS CARNE, the
Cornish miner, who, some weeks ago, so nobly succeeded in saving the
lives of nine persons out of the thirteen who were overturned in
crossing the Tamar, near wheal Maria Mine.
KILKHAMPTON - On Tuesday evening the 17th instant, a fire broke out in
the dwelling-house and outhouses attached thereto of Mr. PHILIP
METHERAL, of Stibb, in the parish of Kilkhampton, and destroyed the
same. The property does not appear to have been insured. The fire
appears to have originated from some children having made a fire of
straw in the open air, which communicated with the thatched buildings.
PETTY SESSIONS - At a petty sessions held at Ruan High Lanes, on the
9th instant, before Mr. JOHN GWATKIN and Mr. CREGOE, JOSEPH ANDREW, of
Polmesk[?], in the parish of Philleigh, farmer and constable, was fined
GBP5 and 19s. costs, for an assault, and threatening to shoot Mr.
BELLRINGER, the high bailiff of the County Court at Truro, and in
default of payment, was ordered to be committed to the county gaol at
Bodmin for two months.
FATAL ACCIDENT - On Thursday the 19th instant, a lad 13 years of age,
named GEORGE COBBLEDICK, son of Capt. Cobbledick, of Newton, in the
parish of St. Austell, was left at home to take care of his sister, a
girl about 5 years of age. It is supposed that he put his head in the
runner, and in running around, he made his head light and fell, for
when found he was on his knees and quite dead, and the runner twisted
about his neck.
CORONER'S INQUESTS - The following inquests have been held before Mr.
CARLYON, coroner. On Saturday last, at Newquay, on the body of JANE
SHEPHERD HOLMAN, aged four years and a half. It appeared that on
Friday last, her father had bought some black cherries which were
divided amongst four of his children, and the child had twelve or
thirteen, and after having eaten them, she put the stones in a cabbage
leaf and then went out. Shortly after she returned to her mother
apparently choking, and on her mouth being opened two of the stones
dropped out, but one or more must have lodged in the windpipe and
caused her death. Verdict, "accidental death."
On Monday last, at Pool on the body of FANNY MARIA TREGENZER, aged
about two years, who met her death from having fallen into a privy by
which she was suffocated. A girl had the care of a baby and the
deceased, and whilst looking after the former in the courtlage, it is
supposed she must have fallen head foremost through the seat, as the
hole was not sufficiently large for the accident to have occurred in
any other way. Verdict, "accidental death."
The following inquest has been held before Mr. GILBERT HAMLEY, deputy
coroner:- On Monday last, in the parish of Liskeard, before a highly
respectable jury, on the body of RICHARD BRYANT, a baker, of Truro. It
appeared from the evidence that deceased left the Fountain Inn, at
Liskeard, about nine o'clock, he being then rather under the influence
of liquor. About half a mile from Liskeard, towards Moorswater, he was
overtaken by two miners, who saw him leaning with his hands on the fore
part of the cart which he was driving. They called to him and shook
him, but received no answer. One of the men got up into the cart to
stay him, and the other led the horse on to a public-house kept by JOHN
CRAGO. The man was then taken out of the cart, and one of the miners
asked Crago to take him in, Crago refused, and said he had no right to
take in every man that got drunk at Liskeard. They stated to him the
condition the poor man was in, but he still refused. One of them then
threatened to go to Mr. LYNE, the magistrate, and after some further
conversation, Crago consented to take the man in. He was placed on the
settle in the kitchen, where he remained for about ten minutes, and
then fell on the floor. It was suggested by some persons present that
he had better be searched, and his money taken from his pocket. Crago
then took a whip belonging to deceased and gave him several cuts about
the legs in order to rouse him. The poor man got up in a very weak
state, and staggered towards Crago, on which Crago laid hold of him by
the collar, pulled him out through the kitchen and through the passage
leading to the door, when a very heavy fall was heard, Crago saying at
the time, "you shan't come here again." A man called DEACON, who was
coming from Liskeard, hearing the fall, went immediately to the man's
assistance, and found him in a dying state. He ran to the opposite
side of the road to a house to obtain a light, then examined the body,
and found he was bleeding profusely from the mouth and nose. He went
into the public-house, and asked "what is the matter?" on which Crago
replied, "he struck me, and I threw him to doors." Deacon insisted
that Crago should take him in, and after some further words, the man
was brought in and placed on his back in the parlour, where he remained
a short time, and then with the assistance of some men in the house he
was put to bed. In the morning a surgeon was sent for, who said before
the jury that when he came he found no external mark of violence except
a slight abrasion on the head and a black eye. On this the coroner
suggested to the jury that a post mortem examination had better be
made, and adjourned the inquest till the following day, when the
examination having bee made by Mr. Lawrance, in the present of Mr.
HINGSTON and other surgeons, the result of the evidence was that the
man had received a severe fracture of the base of the skull, extending
nearly three inches in length, which no doubt caused his death. The
jury, with very little hesitation, returned a verdict of "manslaughter"
against Crago, on which the coroner committed him for trial at the
assizes.
On Monday last an inquest was held at Ventorden, in the parish of
Stokeclimsland, on the body of JOHN HAWTON, a shoemaker of that
village, who had that morning dropped down in the road and died
instantly, when a verdict in accordance with the fact was returned.
On Wednesday the 18th instant, an inquest was held at the King's Arms,
Falmouth, before Mr. W. J. GENN, coroner, on the body of a little boy
aged nine years, called JOHN MUCHMORE. It came out in evidence that
deceased and several other children were riding on a wain on the 16th
instant, driven by BENJAMIN PASCOE, labourer of Constantine, and the
driver without stopping the horses, dropped deceased from the wain,
before the wheel, which went over his bowels, and he died in the course
of the night. There appeared a great want of caution in the man's not
stopping for the children to alight, and the jury returned a verdict of
"accidental death," accompanied by great carelessness on the part of
the driver, whom the recommended should be severely reprimanded by the
coroner which was accordingly done. The driver expressed his regret at
what had taken place.
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