cornwall england newspaper
1849 NEWS
JUNE
1 June 1849, Friday
UNIVERSITY HONOURS - We understand that our late townsman, Mr. JOHN
KEMPE, has distinguished himself among the candidates for honors in the
University of Oxford; his name appearing as having taken a second class
"in literis humanioribus." Mr. Kempe is a scholar of Exeter College,
an exhibitioner of Truro Grammar School, and an old pupil of the
Reverend Dr. TANCOCK.
PLEASURE TRIP - On Whit-Tuesday, the members of the Devonport
Mechanics' Institute to the number of 400, paid a visit to Falmouth, in
the "Sir Francis Drake" steamer. The weather was delightfully find,
scarcely a ripple on the water, and they came down in little more than
four hours. They were accompanied by a band of music which played
several lively airs on entering the harbour. The arrangements made by
Capt. SADLER, the commander, gave the utmost satisfaction, and the
party expressed themselves much pleased with their trip, and were
highly gratified with the beautiful scenery surrounding Falmouth
Harbour. ALFRED FOX, Esq., of Wood Lane, and JOSHUA FOX, Esq., of
Tregedna, with their characteristic liberality, opened their grounds to
such of the company as chose to visit them; and at Tregedna,
refreshments were served to all the visitors.
PENZANCE QUEEN'S OWN LODGE OF ODD FELLOWS - The members of this lodge
walked in procession on Tuesday last, from the large room at the Three
Tuns Hotel, to St. Mary's Church, where an excellent sermon was
preached by Brother Rev. HENRY BATTEN, from Titus 2nd chap. 6th verse.
The brethren then returned to the lodge room, and the ordinary business
having been finished, the company sat down to an excellent dinner,
Brother FRANCIS BOASE, P.G., in the chair, and the evening was spent in
the utmost harmony and social enjoyment.
TRURO FRIENDLY SOCIETY - The usual meeting of the members of this
society took place at Truro, on Monday last, when some of the members
formed a procession, and marched to church, preceded by a band. A
sermon was preached to them by the Rev. G. L. CHURCH; and at two
o'clock upwards of two hundred partook of a plentiful and substantial
dinner, provided by Mr. DANIEL of the Anchor Inn, in the market place,
under the presidency of Dr. CARLYON.
BAPTIST CHAPEL, PENZANCE - On Tuesday evening last, the ceremony of
baptising by immersion was performed by the Rec. C. NEW upon four
adults belonging to the town. An appropriate sermon was preached upon
the occasion by the Rev. Mr. PENGELLY, and previous to the performance
of the ceremony, Mr. New addressed the crowd who had assembled on the
water side to witness the proceedings.
CLERICAL EXTORTION - A little fishing town, in the south east of the
county of Cornwall, is divided by a brook into two parishes. The
necessities of business sometimes drive a man from one parish into the
other; and there is and will be a corresponding interchange of good
feeling between the two, unless the Rev. gentlemen who have the
spiritual care of each, shall succeed in establishing certain very
invidious and improper distinctions. A week since, an honest and
industrious labourer, a parishioner of L-----, who had gone across the
brook into T----- to reside, had to grieve over the decease of a
daughter, who had been long lingering in consumption. The rector of
his own parish was informed of the circumstance, and the sexton was by
another messenger, requested to prepare the grave. The former
gentleman however, intimated to the bereaved friends, that the extra
fee of five shillings (for the misdemeanour of dying out of one's own
parish) must be paid, before he could allow the grave to be dug.
Probably in their trouble, this message was little attended to,
although no intention to object to the payment was manifested. After a
day or two the parson again intruded on the sanctity of grief, with a
written demand for the increased fee, and again intimated his intention
to refuse the burial till it was complied with. The poor man, whose
feelings were not in a fit state for expostulation or resistance, if
either had been his intention, which was not the case, satisfied the
clerical dun, and the funeral proceeded. This is only one of many
instances in which the grief of the widow, and the wail of the
fatherless has thus been unfeelingly broken in upon by those who at
other times may be heard inviting - "And he that hath no money, come
buy and eat, - come, buy wine and milk without money and without
price." Such doings ought to do more than excite the disgust of a
parish.
FALMOUTH - A great number of German vessels are now lying in our
harbour, in consequence of the hostilities between the Danes and the
German Confederation, and one of their country men, a Mr. ADOLPHUS
BACH, of London has made arrangements at his own expense to supply them
with the means of religious worship, according to their national faith.
The proprietors of Harvey's Dock Chapel, have placed that building at
Mr. Bach's disposal, and he had engaged with the Rev. E. LAMPARTER, a
German clergyman, to officiate as minister, his duties commencing on
Sunday last. The hour of divine service is nine o'clock. During the
week days Mr. Lamparter will visit the crews of the various ships; and
afford them spiritual instruction. In the same spirit of Christian
philanthropy, Mr. Bach has established similar missions at Plymouth and
Cowes.
SHIPWRECK - On the morning of the 23rd ult., off the Deadman, the
emigrant ship "Panama" ran down and sunk the brigantine "Mary." The
2Panama" of London, of 477 tons register, Captain ALEXANDER WATT, bound
from London to Port Phillip with emigrants, left Plymouth on Monday the
21st, and the "Mary" left Pentewan at six o'clock a.m., on Wednesday,
laden with china clay and stone, bound to Runcorn. At half-past eight
there was a stiff breeze from the westward. Black Head lay N.N.E.,
three miles distant from the brigantine, which was on the starboard
tack lying up along shore. Captain JONES who is part owner, was at the
helm, and saw the "Panama" approaching with her head to the N.E., on
the larboard tack. When the "Panama" neared, her sails shivered in the
wind, and Captain Jones expected she would pas under the "Mary's"
stern, instead of which, in consequence of some misunderstanding
between the mate and helmsman of the "Panama" she struck the brigantine
on the larboard side before the main rigging, carried away the
mainmast, and ran the unfortunate brigantine right down. Her crew
consisting of six persons, got hastily over the bows of the emigrant
ship, and thus saved their lives, as the "Mary" sank within five
minutes after the collision. The "Panama" damaged her [...estwater?],
foreyard, and flying jib-boom, and returned to Plymouth sound the same
afternoon.
TRURO POLICE - During the past week, SARAH GILBERT was committed for
three months at hard labour, and MARY THOMAS and ELIZABETH KEMPE, each
for one month, for disorderly conduct in the streets.
WILLIAM McDONNELL has been sentenced to fourteen days' hard labour, and
ELIZA SCHULER to one month for begging.
EDWIN ORCHARD was fined 15s. and costs 10s., for dealing in British
Corn, without having made a declaration required by the 23rd sec. of
the 5th Vic. C. 18[?].
JAMES MICHELL, was fined 10s. and costs for assaulting WILLIAM SIMMONS.
MATTHEW TREMAYNE was also summoned for assaulting ALFRED MICHELL, on
the evening of the 19th of May, but on an apology being made in court
the summons was dismissed, the defendant paying the costs.
CAMBORNE PETTY SESSIONS - At the sitting on Tuesday last, JOHN
LAUNDER, police constable of Redruth, was charged with a violent
assault on a man of the name of MICHAEL MARTIN, alleged to have been
committed in the street of Redruth, on the night of Friday the 11th
instant. The complainant appeared in court with his head bandaged, and
appeared to be suffering from very great debility, he was accommodated
with a chair during the proceedings. The witnesses for the assault
were Mr. THOMAS TREGLOHAN, builder and carpenter, SAMUEL SAMPSON,
miner, Mr. HARRIS, surgeon, and Mrs. ELEANOR TERRILL. It appeared from
their evidence that Martin was at a stall buying some nuts, and joking
with the woman who sold them in a good tempered way - though he had
evidently been drinking - when Launder came up to him, and required him
to move on. Martin had not yet counted the change he had received
against a sixpence, and refused to leave the stall. Launder, after a
few more words was stated to have taken martin by the collar, and
insisted on his removal, threatening to put him in the lock-up if he
did not leave. Martin held him back and demanded to see his authority,
upon which Launder drew out his staff, and without showing it instantly
commenced beating the man in a very savage manner, striking him over
the head, and inflicting an extensive wound of the scalp, and dragging
him on the ground "like a sack of sand." Mr. BLEE, before whose door
the occurrence took place, begged Launder to desist from further
violence, and, if necessary to call for assistance; the man was then
persuaded to go to the lock-up, which was near at hand, and in which
Mr. Harris attended the man and sewed up the wound in his head. Mr.
WILLIAM WILLIAMS was called to give evidence for the defence, but the
evidence was [fully?] corroborative of that given for the charge as to
the man's quiet and good tempered behaviour before Launder's
interference, his demands to see Launder's authority and the immediate
assault. Mr. LEGGO, draper, was also called, who said he was standing
in his door-way when the assault took place, that the stall was not
distant so far from him as the width of the Camborne Town-Hall (23
feet), that there was nobody at the stall but one man, that he did not
know whether Martin was the man, that he saw a man take hold of
Launder's face or his collar, and push or drag Launder "a good way" up
the street toward the lock-up. The magistrates called Mr. Leggo's
attention to some inconsistencies in his evidence, and strongly
reminded him that he was on his oath, upon which Mr. Leggo said that he
did not take particular notice as he did not think he was to have been
called forward. This closed the defence, and the magistrates, the
Revds Messrs. TONKIN and PASCOE, declared the assault proved, that they
were always anxious to support constables in the execution of their
duty, but it was their duty also to protect the public from any
unnecessary and unprovoked violence. They therefore sentenced Launder
to pay a fine of GBP4, and to be dismissed from his office of constable.
COMMITTAL - On Sunday morning last, a man broke into the work shop of
Mr. ALLEN, shoemaker, Sticker, and carried off a quantity of tools. A
man named WILLIAM CORNISH having been found at work at Mount Charles,
on the Monday with the tools in his possession, he was taken before Mr.
E. COODE jun., of St. Austell, and was committed for trial.
NARROW ESCAPE - An accident occurred at Hodge's foundry, St. Austell,
on Friday last, but which a man named RICHARD GREEN, had a narrow
escape for his life, by the falling of some of the machinery, which so
cut and bruised him, that when taken out he was thought to be dead. He
has since, however, in some degree recovered.
CORONERS' INQUESTS - The following inquests have been held before Mr.
W. HICHENS;- At St. Ives, on 23rd ultimo, on the body of MARY JAMES,
aged 54[?] years; the deceased, who had been long subject to fits, was
alone sitting before the fire in her house, on the 19th, when according
to her own statement, she found one of those attacks coming on and
thought of throwing herself along the floor, in the direction of her
bed-room door, but before she had the power to do so, she lost all
consciousness and fell on the fire which ignited her clothes. After a
little time she recovered sufficiently to be able to get to the steps
leading into her house, where she was seen by some of her neighbours
with her clothes burning, by whom, with the assistance of some water,
the fire was soon extinguished, and the deceased taken into her house
and there put to bed; she lived from that time until the 22nd, during
which she had medical assistance but without the remotest probability
of her recovery. Verdict, "accidentally burnt."
On the 26th, in the parish of Camborne, on the body of WILLIAM PARKEN,
aged about two years and eight months. On the 4th ultimo, the mother
of the child went from her home to a draw-well, only a few yards
therefrom, to get some water, leaving the deceased in the house alone,
and having let the bucket down into the well before she had time to
draw it up again, she heard some one call out "the child is burnt
alive," and on returning to her house, leaving the bucket in the well,
she found the decease in the kitchen with two of her neighbours who had
succeeded in extinguishing the fire. The deceased lived till the 24th
with every prospect of recovery, till a short time before his death.
Verdict "accidentally burnt."
On the 28th, at Halsetown, within the parish of St. Ives, on the body
of EDWIN BERRIMAN, aged fifteen years. The deceased was employed at
St. Ives Consolidated mines, in that parish, and on the 24th was
descending a ladder with two other persons to his labour at the one
hundred and forty-seven fathoms level, one going before him and the
other following him in the ladder, when being about fifty fathoms from
the surface he must have slipped his holdfast and fell about six
fathoms striking the person before him as he passed, but without
knocking him out of the ladder or doing him an injury. The deceased
lived from that time till the 27th, when he died of some internal
injury. Verdict "accidental death."
The following inquests have been held before Mr. JOHN CARLYON,
coroner:- On Friday last, at Redruth, on the body of WILLIAM JEFFERY,
the particulars of whose death appeared in our last paper. The jury
found a verdict "temporary insanity".
On the same day, at Skinner's Bottom, in the parish of St. Agnes, on
the body of WILLIAM TREBELL, aged about two months, who had been found
dead in bed, by the side of his mother. His parents had been married a
little more than twelve months, and were known to be very fond of this
their first child. There was therefore not the slightest imputation on
them of neglect or ill-treatment of the child; it was supposed that, as
it had died of suffocation, the mother must have overlaid it, or that
it had been stifled under the bed-clothes. Verdict, "found dead."
PREROGATIVE COURT - Saturday, May 28. (Before Sir. H. J. FUST.) -
BENNETT v. FREE - The deceased in this cause, Mr. JOHN BRITTON, a
retired sea-captain, late of Falmouth, died on the 12th of December,
1846, a widower, surviving all his own relations. There were, however,
two nieces of his wife whom he had adopted as his children, and for
whom he had frequently expressed an intention of making provision. At
the time of his death he was possessed of property the value of which
was disputed, but was supposed to amount to about GBP4,000 personalty
and GBP1,500 realty. In 1837 one of the nieces, ELLEN PICKTON,
intermarried with the Rev. F. L. OSLER, and went with her husband to
reside in Canada; the other niece, Miss C. S. FREE, one of the parties
in the cause, resided with the deceased. On the 13th of May, 1843, the
testator executed a will, by which he gave his wife a life interest in
the bulk of his property, and the reversion to her two nieces. Britton
died in October, 1843, and on the 19th of April, 1844, a codicil was
executed, by which he made some alterations, comparatively unimportant,
in his will. An attachment was formed between Miss Free and a brother
of Mr. Osler, which was said to constitute the ground of a testamentary
instrument executed on the 11th of November, 1846, the validity of
which is opposed by Miss Free. By this last asserted will all former
testamentary documents are revoked, and Mr. E. BENNETT, bookseller, of
Falmouth, is appointed executor, instead of Miss Free, who was
constituted sole executrix under the codicil. Mrs. Osler is excluded
from all benefit, and the legacy to Miss Free is reduced to GBP1,000,
but should she marry this Mr. Osler within three years after the death
of the testator, it is then to be further reduced to GBP50. After the
payment of this sum, a few trifling legacies and the debts of the
deceased, the whole of the property is given to Mr. Bennett absolutely,
for, according to the wording of the will, "his many acts of kindness
rendered me, and his long and faithful service." The pleas of the
respective parties were very long, and the evidence taken upon them
extremely voluminous.
Dr. ADDAMS (with whom was Dr. BAYFORD) appeared on behalf of Mr.
Bennett, and said that the question for the consideration of the Court
was not whether Miss Free and her sister, who complained of the will
now propounded, were or were not hardly dealt with, but, first, whether
the testator at the time of the will bore date was possessed of
testamentary capacity; and secondly, whether the Court was satisfied,
from the facts attendant upon the execution of it, that he knew its
contents. The deceased was a rough uneducated man, and selfish beyond
all description, according to the character given of him by the
witnesses on both sides. The case set up by Miss Free in her pleadings
was the utter imbecility of Mr. Britton at the period when he executed
the will. He (Dr. Addams) admitted that the testator was in a weak
condition of body at the time, but there was not a single witness
examined who, on transacting matters of business with him, deposed that
he found him deficient in intellect. Some parties, who saw him just as
he awoke from sleep, had spoken of his imbecility without any reserve;
but their evidence was entirely disposed of by the testimony of other
witnesses produced in the cause. Opiates were frequently prescribed
for him by his medical attendant, and, when under their influence, he
exhibited delusions and other conduct which had been improperly
attributed to insanity. What were the circumstances that led to the
making of the will? The deceased had no relations of his own, and if
he had died intestate his property would have gone to the Crown. The
nieces of his wife had both lived with him, and it appeared that he was
not particularly favourable to the family of Mr. Osler, to whom one of
them was married. On its being rumoured that Miss Free was about to
marry that gentleman's brother, it was clearly proved that the deceased
said it should be worse for her if she did, and that he himself would
marry. There was a paper in his own handwriting, expressing a
determination to reduce the legacy given to Miss Free by the former
will if she persisted in marrying Mr. Osler; and her conduct led up in
the most decisive way to the execution of the will of which Mr. Bennett
claimed probate. The evidence given on the condidit, as to the
execution of the will, was as strong as could be adduced in any case.
It was impossible that testimony could bear less the aspect of having
been got up by the parties than that now before the Court. It was
objected on the other side that, while a document had been produced
showing the intention of the testator to deprive Miss Free of the
property, in the event of her marrying Mr. Osler, yet there were no
instructions in the handwriting of Mr. Britton to prove that he meant
to give it to Mr. Bennett. The learned Judge observed that the most
important document in the cause was the instructions for the will in
favour of Mr. Bennett, and although they purported to be signed by the
deceased, yet no evidence had been adduced to prove the genuineness of
his signature. Dr. ADDAMS, after requesting the registrar to take a
note of his application, resumed his argument. So great was the
confidence of the deceased in Mr. Bennett that he had appointed him his
agent, and there was distinct evidence, that at the period when the
will was executed, Miss Free regarded Mr. Britton as in a state of
capacity. The attesting witnesses to the will had no direct interest
in it either way. One of them was seventy eight years of age - not a
likely man to be selected if fraud were intended. The deceased read
the will over before he subscribed it, and observed that it was "all
right." Having thus read it, it was in vain to say that he did not
know its contents. It appeared that when he threatened to take away
the legacy from Miss Free there was an agreement between her and Mrs.
Osler, that in the event of the whole of the property being given to
the latter they would divide it between them. That fact might have
come to the knowledge of the testator, and it was very probable that it
would lead him to make the will now propounded. The name of one of the
legatees had been omitted, and it was very carefully supplied by the
deceased before he signed it. In his (Dr. Addams's) humble judgment
the will was completely proved, and the sentence must be accordingly.
Dr. JENNER (with whom was Dr. HARDING) submitted to the court on behalf
of Miss Free that it was perfectly clear from the evidence that the
deceased laboured under delusions very shortly before the date of the
will and within five minutes after its execution. The mere fact of the
non-appearance at the moment he subscribed it was no proof that he was
free from them. An attempt had been made to account for them by
stating that the deceased was suffering from the influence of opiates,
but their nature was inconsistent with the possession of a sound mind.
On a variety of occasions he imagined that there were giants in the
room; that there were devils under the roof of the house and trying to
get in at the window; that a cat was going up the chimney; that mice
were on the table; that strange men and women were in the room, and he
desired poles to be brought up to drive them away; that a number of
pigs were running along the top of a stone hedge, and that there were
men in his carriage. He treated as facts things which could have no
existence, and on the authority of "FOWLIS v. DAVIDSON," and "WARING v.
WARING," cases recently decided in that court, he must be held
incapable of making valid testamentary papers. It was said that he was
capable of performing acts of business, of making bargains, and beating
down tradesmen in their prices; but, assuming that to be true, what did
it prove? Merely that he had a certain amount of perception, and that
in old age he acted as he had done in early life. Such conduct was
quite compatible with the existence of insane delusions. If he
intended to make any alteration in his bequest to Miss Free, there was
no reason why he should withdraw his testamentary bounty from Mrs.
Osler, in Canada, and give his property to Mr. Bennett. There were no
instructions for the will proved to have come from the testator
himself. The only instructions which appeared in the cause were in the
handwriting of Mr. Bennett, and they were so absurd and contradictory
that they proved either that the deceased knew nothing about them, or
that if they came from him his mind was in such a state of confusion
that he did not know what he was doing. The account given of the
execution of the will was, he (Dr. Jenner) contended, a got up tale.
The attesting witnesses agreed to verbal, unimportant points, but on
those which were essential they entirely differed. Their evidence,
however, amounted to nothing more than this - that Mr. Britton held the
will in his hand sufficiently long to render it possible that he might
know its contents, but there was no proof that he did. Mr. Bennett was
aware of the delusions under which the deceased laboured, and if he
intended to make a bequest in his favour he should have procured a
solicitor to draw the will, and have taken special care to have another
witness instead of his own daughter to attest it. If the Court
pronounced against the paper, or came to the conclusion, deficit
probation, he prayed the Court in either case to accompany it with a
condemnation of Mr. Bennett in the costs. Dr. Addams contended in
reply, that so far as the testamentary capacity of the deceased was
concerned it was perfect. The delusions under which it was said he
laboured had been greatly exaggerated; they were merely optical, and
were not a permanent character. If he intended to make an alteration
in his will, and of that there was evidence under his own hand, there
was no person so likely to obtain a bequest in his favour as Mr.
Bennett. The circumstances connected with the execution of the will of
November, 1846, were so simple, that it was not a matter of surprise
that the attesting witnesses should have agreed in so many minute
particulars. He (Dr. Addams) admitted that the transaction had been
kept secret from Miss Free, but he denied that it cast any reflection
on Mr. Bennett. If the testator determined to discard Miss Free and
Mrs. Osler, was it incumbent on Mr. Bennett to acquaint them with his
intentions? In the case of "Fowlis v. Davidson" there was a rooted
delusion in the mind of the testator respecting the legatee herself,
but there were no delusions in the mind of Mr. Bennett respecting Miss
Free or Mrs. Osler. The one case therefore had no bearing on the
other. Under all the circumstances, he prayed the Court to pronounce
for the will.
Dr. Bayford was also heard in reply. The learned Judge said that he
had no great difficulty as to the decision to which he should come in
this case. A great deal of the evidence adduced was utterly
irrelevant. No fewer than seventy-eight witnesses had been examined on
the one side and on the other, whilst the property at issue between the
parties in that Court was only about GBP4,000. The title to the real
estate, valued at GBP1,500, must be decided elsewhere. The deposition
taken amounted to 1,100 pages, and the pleas and interrogatories were
of great length. Under ordinary circumstances the costs would leave
very little of the original property remaining. Until the beginning of
1846 it was clearly the intention of the deceased that the two nieces
of his wife should enjoy the great bulk of his property. It was
suggested that at that period he meant to reduce the legacy to Miss
Free to GBP50 under the supposition that she intended to marry a Mr.
Osler; but so far as the instructions for that alteration in his will
were concerned, not a syllable was stated with regard to Mrs. Osler in
Canada. In a second paper produced, purporting to be signed by the
deceased, but whether proved to be so or not the court would not stop
to inquire, in the event of Miss Free marrying this Mr. Osler, the
property was directed to be given to her cousin. By a third paper,
without any date, not only was Miss Free to forfeit her share on her
marriage, but also her cousin, and the property was to centre in Mr.
Bennett. Those three papers of alleged instructions were followed by
the execution of the will now propounded. All these documents, with
the exception of the first, were in the handwriting of Mr. Bennett; the
will was executed in his house, one of the attesting witnesses was his
own daughter, and the other was an assistant to his son, who was
town-crier of Falmouth. The execution of the will was kept a secret
from Miss Free until after the funeral of Mr. Britton. This gentleman
died on the 12th of December, a commission was sent for on the 14th of
that month to swear Mr. Bennett as executor, but in consequence of
alterations and interlineations in the will, an affidavit was required,
and on the 22nd of December, the morning of the funeral, Mr. Bennett
was sworn, but on the following day Miss Free, acting under the advice
and with the assistance of a solicitor and some friends, entered a
caveat against the will. Mr. Bennett, immediately after the death of
the testator, communicated the existence of the will to his attorney,
Messrs. TRESIDDER and SON, and they not only requested, but required
the commissioner appointed by the Court to swear Mr. Bennett to keep
the matter secret. He (the learned Judge) must say that he highly
disapproved of the conduct of the solicitors on that occasion. He
could only account for it by supposing that they did not understand the
relation in which the commissioner stood to the Court. That officer
represented the Court as its surrogate, and persons standing in that
capacity were not to be made parties to secret transactions to give one
individual an advantage over another. The object which Mr. Bennett had
in view was to take possession of the house of the deceased and turn
Miss Free out, but the delay which took place enabled her to defeat his
machinations. The commissioner was undoubtedly misled by the advice he
received from Mr. Bennett and his solicitors, but he soon found out his
error and prayed to be released from the engagement into which he had
unadvisedly entered. What were the reasons assigned for giving the
property to Mr. Bennett? His many acts of kindness shown to the
deceased and this long and faithful services. Of what did those
consist? The collection of some trifling rents, and occasionally
lending some money. On the other hand, Miss Free had devoted herself
to the promotion of her uncle's comfort even to the injury of her own
health, and it was proved that although he might now and then be a
little snappish, yet he was affectionately attached to her. Whether
the delusions under which the deceased laboured, and which became more
frequent as he became more infirm absolutely amounted to that which was
technically called "insanity," prevailing at all periods of time,
might, under the circumstances, admit to question. That they were
frequent there could be no doubt. Mr. Bennett suggested that they were
produced by the large quantity of French brandy and wine taken by the
deceased; it was only the ingenuity of counsel which attributed them to
the administration of morphine. Dr. NATION, by whom the latter was
ordered, stated that, taken in the doses which he prescribed, it could
not have that effect. The deceased's medical attendant would not say
that he was insane, but considered that as he advanced in age and
infirmity the delusions were produced by disease of the brain. There
might not be the same permanent insanity that occurred in "Fowlis v.
Davidson," "Waring v. Waring," but it could not be denied that on
frequent occasions Mr. Britton laboured under incapacity, and that
there were not only delusions, but imbecility, rendering him incapable
of doing acts, according to the technical pleading of the court,
"requiring thought, judgment, and reflection." If the delusions did
not render the deceased intestible, yet they made it necessary that the
Court should look at the evidence as to the transaction with the
greatest care and the greatest jealousy. The first principle of
testamentary law was, that where a person was in a fluctuating state of
capacity, the proof must be strong, according to the exigencies of the
case, that at the time the act was performed the deceased was a free
and capable testator. The learned Judge then examined with great
minuteness the evidence given by the attesting witnesses, as to the
manner in which the will was executed. One of them, Mr. JULYAN,
deposed that the only observations made by the deceased was "all
right;" the other, Miss Bennett, stated that the deceased furnished the
name of one of the legatees, that of a servant, which had been omitted.
But Miss Bennett did not know that the paper was in her father's
handwriting. There was another important circumstance. It was not
unusual at Falmouth for the will of a testator to be read over at the
funeral. That was not done in this case, and Miss Bennett accounted
for it by stating that her father was taken ill at the funeral with a
pain in his head; that he returned home and kept his bed for four days.
Considering that Mr. Bennett was in possession of a will by which he
was to take the residue of the deceased's property; that under some
circumstances, Miss Free was to take only GBP50, and under others
GBP1,000, he (Sir H. J. Fust) could understand that Mr. Bennett might
not wish to return to the house after the funeral, the management of
which was left to Miss Free, as though she was executrix. But what was
the fact with regard to the four days' confinement to bed? Why within
that time Mr. Bennett accompanied Mr. Tresidder to the deceased's house
to put it in possession of PROUT and KILMINSTER on his behalf. What
reliance, then, could the court place on the memory of Miss Bennett?
At that period Mr. Bennett had neither the will nor the probate, the
latter having been stopped by the interposition of some of Miss Free's
friends, whose conduct had been observed upon by counsel as being
improper, and it was said that they ought not to be believed as
witnesses in the cause, insomuch as they had taken an interest in it.
He (the learned Judge) would almost have been [.......?] to see any
gentleman standing in the relation which they did to Miss Free if they
had not acted in the manner which they were represented to have done.
Their conduct was exceedingly different from that of Mr. Bennett, who,
under the advice of his solicitor, took every possible means to snatch
a probate behind the back of the party whose interest was to be
prejudiced. After commenting upon the hurried manner in which the
whole transaction connected with the factum of the will was conducted
and the fact of the persons selected for legacies being those who could
have given the best evidence as to the state and condition of the
deceased, but which they were debarred from doing unless they
surrendered those bequests, the learned Judge expressed it as his
belief that the deceased did not intend to do more than prevent Miss
Free marrying during his life, lest he should lose her services. On
the whole, he was clearly of opinion that he must pronounce against the
validity of the will. The only remaining questions, and a very serious
one it was, was that of costs. The case was one of deficit probatio,
and that under the most suspicious circumstances, and which to his mind
were not alleviated by any evidence in the cause. He must therefore
condemn Mr. Bennett in the costs.
EXETER DISTRICT COURT OF BANKRUPTCY. (Before Mr. Commissioner BERE.)
Tuesday, May 22. re:- FRANCIS PAYNTER, of Penzance, solicitor. Mr.
PITTS applied to the court, in consequence of a newspaper paragraph
that he had seen, which stated that protection had been granted the day
after the bankrupt's examination had been adjourned sine die, because
an important document had been discovered. He wished to be allowed a
sight of that document. His Honour observed that there could be no
objection to Mr. Pitts's seeing the document, but the statement was a
misapprehension. Protection had not been granted in consequence of the
discovery of any document, but as it appeared at the examination there
was a missing deed somewhere, protection had been granted, in order to
give the bankrupt an opportunity of discovering that deed.
(The two dates of Mr. Britton's death are a little confusing, but they
are as written in the newspaper?)
8 JUNE 1849, Friday
WAR MEDALS - On Monday, last week, the following pensioners residing
in Penzance received silver medals from the hands of Lieut McDOUGALL
for service in the Peninsular war - HENRY VINGOE, JOHN ROWE, and
MICHAEL CARTHY.
THE QUEEN'S DRAWING-ROOM - In our paper of the 25th ultimo, among the
names of ladies attending her Majesty's Drawing-room, that of Mrs.
WYLD, wife to the honourable member for Bodmin, was omitted.
APPOINTMENT - The Lord Chancellor has appointed GEORGE GRAHAM, of
Launceston, in this county, to be a Master Extraordinary in the High
Court of Chancery.
THE POTATOE DISEASE - Our correspondent at Scilly mentions that the
potatoe disease has already shown itself very decidedly there. Some
fields, which a few days ago were green and fresh, have suddenly become
quite black and almost appear as if they have been burnt.
FALMOUTH - On Wednesday se'nnight, Mr. ALFRED FOX, entertained the
captains of the foreign vessels in port, along with the clerks, at his
seat at Glendurgan. About fifty gentlemen we understand were present,
and besides partaking of Mr. Fox's hospitality the company enjoyed
themselves at a game of cricket.
AN IMPOSTOR - A fellow named CLEVELAND, who has recently been
exhibiting at Ashburton, and amusing the inhabitants of that town with
an account of his journeyings towards Cornwall, was a short time since
at Launceston, where he feigned exhaustion, and told a story of his
endeavours to reach Northampton, stating himself to be a sculptor of
the name of Cleveland of that town, and that he had been into Spain in
pursuit of a nephew who had decamped with a considerable sum of money
belonging to him. As this fellow will doubtless pursue his avocation,
and may change his name, the public are cautioned to beware of him.
BUDE HAVEN - During the night of Sunday last or early on Monday
morning, some scoundrels killed and flayed a lamb on Efford Down, the
property of Mr. W. SANDREY, of the Falcon Hotel, leaving the skin
behind them. As yet there is no clue to the rogues.
RAILWAY ACCIDENT - A young man of Bodmin named THOMAS ELLICOTT,
travelling on the Wadebridge Railway on the 27th ult, fell of the train
and the loaded waggon passed over his left arm crushing it frightfully.
Amputation at the shoulder joint, became necessary and was performed
about three house after the accident by Mr. MUDGE, surgeon; the patient
is doing well.
GIG ACCIDENT - On the evening of Friday last, while Mr. R. BRANWELL,
jun., of Penzance, accompanied by his cousin Miss C. BRANWELL, of
Launceston were returning from a drive, the horse suddenly shied near
Lariggan Bridge on the Western Green, and the step of the gig having
struck a post on the road side, the animal fell, and Mr. and Miss
Branwell were thrown out with considerable violence. We are glad
however to learn that neither of the parties was much injured although
the escape of Miss Branwell is somewhat remarkable as the horse
actually rolled over her while she was lying on the ground.
MINE ACCIDENT - On Saturday last, JAMES KNIGHT, a tin streamer at
Wheal Rose stream works was killed by the falling in of about a
cartload of soil. It appears that he was released by the efforts of
his fellow workmen without loss of time, and that he then sat down to
recover himself, remaining seated for nearly half an hour. On
attempting to rise with the view of again commencing work, he found
that he was unable to move, and he was accordingly carried home.
Although not suffering much pain he gradually sunk, and died in about
three hours after the accident took place.
SUDDEN DEATH - On the 5th instant, as JOHN GILBART, of Hayle
Copperhouse, was walking through Penpol fields, to take the omnibus at
the Hayle Railway Station for the dispensary, Penzance, he suddenly
fell, and on assistance soon being rendered, it was found that life was
quite extinct.
CORONERS' INQUESTS - The following inquests have been held before Mr.
GILBERT HAMLEY, deputy coroner:- On the 29th ult., on the body of Mr.
THOMAS MARTIN, a large and respectable farmer of the parish of St.
Germans. About eight o'clock on the previous morning Mr. martin went
to a field to ask[?] the men to work, and carried with him two wheels
of a tormentor. When he got to the field he placed the wheels on to
the tormentor with the assistance of one of the workmen, and on
stooping to lift it he fell back and died almost immediately. He had
complained two or three days before of pressure on the brain and he had
a [seizure?] two years since. From the evidence there seemed no doubt
that death had caused from apoplexy, and a verdict was returned to that
effect.
On the [2?th} ult., at Calstock on the body of a young mane aged
nineteen, called RICHARD PRIOR. He was riding across the river across
the river Tamar, when the horse slipped off from a rock, the young man
consequently fell off, and the current being swift he was carried down
the river and drowned. The body was not found until six or seven days
afterwards. Verdict - "accidental death."
The following inquests have lately been held before Mr. HAMLEY,
coroner. - At St. Germans, on the body of THOMAS CLARKE. He had been
living at a beer house at Tideford for a week or more in a state of
intoxication. On the 17th, he went into the village and bought a piece
of pork and some eggs, part of which he cooked and ate. Shortly
afterwards, the woman of the house, who had gone into an adjoining
room, saw him coming towards her, appearing as if he was choked, and he
immediately fell down. Another woman who was in the room, assisted in
getting him up, but he was quite dead. It appeared that he had bitten
off part of the remaining pork, and in swallowing it choked himself.
Verdict accordingly.
At Liskeard on JOHN WILLS, who fell into the Looe canal. He had been
subject to epileptic fits, and was seen walking on the bank of the
canal a short time before. A boy next saw him struggling in the water.
The boy got assistance and he was soon got out; but although medical
assistance was immediately procured, he never recovered. Verdict,
"accidental death."
At St. Mabyn, on the body of RICHARD NORTHCOTT. He had been living for
the last week as a farm servant to Mr. HOCKEN, of Michaelstow. On the
morning of the 27th ult., not getting up at his usual time. Mr. Hocken
went to his room and found him partly dressed and lying on the bed. On
asking him what was the matter, he said he was ill, and after some time
said he wished to be sent home to St. Mabyn. Mr. Hocken had him put
into a wagon and sent two of his men with him. On arriving at St.
Mabyn, he was put to bed and continued in a state of stupor until he
died. Mr. GAVED, surgeon, who attended him occasionally for the last
two years, was sent for, and considered him to be labouring under a
disease of the brain. Mr. Gaved had no doubt that this disease caused
his death; and was satisfied that his being removed from Michaelstow to
St. Mabyn could not have caused or accelerated his death. Verdict,
"died from natural causes."
The following inquest has been held by Mr. CARLYON:- On Tuesday last,
at the St. Mary's Workhouse, on the body of WILLIAM PENGELLY, aged 78
years. Deceased had been an inmate of the house about ten weeks; on
Monday last he appeared in his usual health, and after supper walked
out into the yard, where he was suddenly seized with illness, and died
before he could be removed into the house. Verdict, "apoplexy."
PASSAGE TO CANADA FROM PLYMOUTH. - The fine Ship "Mayflower," of 500
Tons Burthen, will embark Passengers at Plymouth, on the 3rd of July,
direct for Quebec and Montreal. Has excellent accommodations. Apply
to JOHN MARSHALL and Co., Emigration Dept, Baltic Wharf, Plymouth; or
to Mr. J. B. WILCOCKS, Barbican, Plymouth. June 5, 1849.
EMIGRATION TO AMERICA - Direct from Penzance to New York, the fine
coppered Brig "Oregon," 300 Tons Burthen, ROLLE CAREY, Commander, Will
(weather permitting) sail from Penzance on or about the 30th of June
instant. The "Oregon" has very superior accommodations both for Cabin
and Steerage Passengers, and every precaution will be taken to promote
the health and comfort of the Passengers by regularly fumigating the
ship, &c., during the voyage, and the Captain being well experienced in
the trade, it affords an excellent opportunity for Passengers to any
part of Canada or the United States. To Miners also going to the Lake
Superior Mines, this affords a favourable opportunity, and the Owner
being acquainted with some of the Proprietors of those Mines, letters
of recommendation will be given to passengers who can produce
satisfactory testimonials of character, &c. As the "Oregon" will take
only a limited number of passengers, an early application should be
made to W. C. HEMMINGS, Penzance; L. NEWTON, jun., Camborne; W.
BROWNE, Saint Austell; T. CORFIELD, Penryn; and at the Office,
Roseworthy. Dated June 5, 1849.
DUCHY OF CORNWALL - The Queen has, on behalf of the Duke of Cornwall,
appointed Mr. JAMES ROBERT GARDINER, Surveyor General of the Duchy of
Cornwall, vacant by the resignation of Lord De L'Isle; and Mr. JOSHUA
WIGLEY BATEMAN has been named to discharge some of the duties belonging
to the Receiver General formerly attended to by Sir HENRY WHEATLEY.
15 JUNE 1849, Friday
LIBERALITY OF A LANDLORD - Mr. DEEBLE BOGER has informed Lord Mount
Edgcumbe's tenantry, that his lordship has authorised a reduction on
tenancies of farms, of twenty per cent, on the half-year's rent, ending
Lady-day, 1849. The liberality of his lordship will no doubt be fully
appreciated by his tenantry, and act as an impetus to their greater
exertions, feeling as they must that they have nothing to fear from
free trade.
POTATOE BLIGHT - This disease has manifested itself in the crops
about Falmouth, but not nearly to such an extent as in former years.
Generally, the crops are looking very fine.
PORT ISAAC - The Wesleyan chapel at Port Isaac, after undergoing
considerable repairs, was re-opened on Thursday last. A sermon, which
was listened to with the deepest attention, was preached by the Rev. J.
McKENNY, from Bodmin, in the afternoon; and in the evening a public tea
was provided and partaken of by a numerous party from Camelford,
Wadebridge, Pengelly, St. Miner, &c. The tables were spread in Rose
Cottage Gardens, near the chapel; banners with appropriate inscriptions
floated over the tables, arches of evergreens and flowers were
tastefully placed at the entrance, and at various intervals, and whilst
the company were partaking of the "cup that cheers but not inebriates,"
the choir of Wadebridge chapel, who kindly attended on the occasion,
played and sung some beautiful anthems. A public meeting was
afterwards held, which was presided over by Mr. WILLS, merchant, of
Wadebridge; addresses were delivered by Mr. SYMONS, Mr. VERCO, of
Pendavy, the Rev. W. SANDERS, and the Rev. J. MCKENNY, on various
subjects connected with methodistic polity.
CASTLE STREET SUNDAY SCHOOL ANNIVERSARY, LAUNCESTON - Two sermons
were preached on Sunday last, by the Rev. Mr. WHITTA, of Bodmin, to
crowded congregations, on behalf of the above institution. The
collections exceeded those of last year. On the Tuesday following, a
tea for the children and visitors were provided, after which the public
meeting was held, and addresses were delivered by Rev. Messrs. WHITTA,
TRETHEWY, BUCKLEY, and HORSEY, and Mr. WISE.
ST. AUSTELL ANNUAL WRESTLING - The annual wrestling took place in a
field adjoining the town on Tuesday and Wednesday, the 5th and 6th
instant, the weather throughout was very wet which was greatly against
the play. There was, however, some very good play on Wednesday
afternoon, and at the close the prizes were awarded as follows:- the
First, of $3, to UDY of Roche; the second, of GBP2, to WHERRY of St.
Austell; the third, of GBP1, to Kessell OF St. Austell.
THE LAW - ROUS[?] PENDER, Esq., son of Mr. PENDER BUDOCK VEAN, near
Falmouth, passed his examination on Tuesday se'nnight, and was
immediately admitted as attorney of her Majesty's Court at Westminster.
Among the names of students of the society of the Middle Temple who
were called to the Bar on the evening of the 9th instant, we observed
that OF Mr. HENRY PRING PELIEW CREASE.
APOTHECARIES' HALL - Mr. JAMES GILBERT MARTYS[?] CAMELFORD, passed
his examination in the science and practice of medicine, and received a
certificate to practice on Thursday the 7th instant.
MULLION - There are now at anchor in the Mullion Roads, one hundred
and twenty sail, with the wind blowing very strong from the E.S.E.
There is likewise landing at Poljew, a cargo of coal "ex Edith," of
Yarmouth, from Cardiff, Capt. INGRAM, and another cargo was expected on
Wednesday evening. Part of a previous cargo landed at the Towan, was
we understand, stolen during the night immediately after the landing.
The owners Messrs. JOSE and TROWNSON, succeeded in tracing a portion of
them to a neighbouring house, but for want of direct evidence the
depredatory escaped conviction. As there appears to be the prospect of
some compensation in this branch of trade here, the people of Mullion
[......?] were likely to have the advantage of cheap fuel.
PENZANCE - The "Galliot, Harmona," BLIZE, from Gloucester for
Rotherdam, put in here on Thursday last with the mate unwell on board,
from an attack of the fever and ague; she sailed again on Tuesday.
FALMOUTH - STEAMER FROM THE BRAZILS - The steamer "Alecto," which
arrived at Falmouth on Wednesday, was, we understand, ordered home with
all possible haste with dispatches from the British ministers at Buenos
Ayres and Rio de Janeiro, and conveys also the French convention of
peace with Rosas, for the ratification of the French government.
ARRIVAL OF THE "ROYAL ADELAIDE" EMIGRANT SHIP AT QUEBEC. - The
relatives and friends of those who sailed from Fowey, in the "Royal
Adelaide," in April last, will be glad to be informed that that ship
arrived in the Gulf of St. Lawrence in twenty-two days after she left
Fowey harbour, and reached Quebec with her crew and passengers all well
on the 14th of May. During the passage good order and friendship had
prevailed amongst the passengers, and through the kindness shewn to
them at all times by Captain SMITH and his officers, the voyage was
made both agreeable and pleasant.
CORNWALL COUNTY COURTS - The Court was held at St. Austell, on
Thursday the 7th instant, when there were fifty-eight cases entered for
trial. - At the sittings of the court at Helston on Monday, there
were twenty-one cases for trial, nearly the whole of which was settled
by consent. The case of C. H. T. HARKINS, Esq., v. EDWARD CARTER,
excited great interest, as it involved the question of a tenant's right
to remove a rope thatched shed or cart-house at the end of his farm,
and more particularly as it had been tried before a jury at a former
court, and a verdict found for the defendant, but his Honour had
subsequently granted the plaintiff a new trial. Mr. Chilcott appeared
for the plaintiff, and proved a tenancy by Carter, but failed to
connect the defendant as lessee under the original lease on an
objection taken by Mr. PLOMER who appeared for the defendant. The fact
of removal of the cart-house was admitted and damages were claimed at
GBP8. Mr. Plomer on the part of the defendant, addressed the jury upon
the facts of the case, and the evidence of plaintiff's witnesses, and
submitted on the authority of the various cases which he cited that
this was not such a building as could be called a fixture, and also
that by the custom of the county, the defendant was entitled to their
verdict. Various witnesses were examined on both sides, after which
the Judge summed up, and the jury immediately returned a verdict for
the defendant. The announcement was received with some applause which
was instantly checked, and the case which had lasted upwards of five
hours, was closed with some merriment excited by one of the jury
declaring (in answer to a question from his Honour) that he should
consider the tenant had as much right to removed the building as he had
to take his own wife away.
ATTEMPTED BURGLARY - Early on Saturday morning the 9th instant, the
house of Mr. WILLIAM TREGENNA, of Fowey, draper, was broken into. The
burglar entered the premises through a cellar attached to a small
courtlage. He then broke a pane of glass by which he was enabled to
open a locked door, which admitted him into the house. In his further
proceeding he was heard by the females who made an alarm, and the
scoundrel escaped detection. Nothing was carried off.
DEPREDATIONS AT HAYLE - We regret to state that cases of robbery have
been somewhat frequent in this neighbourhood of late. A few nights ago
the warehouse of the Cornish Copper Company was broken into, and a
quantity of Brass stolen.
On the night of the 6th, the Methodist chapel at Angarrack, was broken
into, and all the brass candlesticks, which recently cost some GBP9 or
GBP10, were taken away.
The house of Mr. FAULL, at St. Erth Praze, has also been broken into,
and the scamps got clear off with two gallons of rum, two decanters,
sixty or seventy pounds of bacon, and various brass and copper kitchen
utensils. From some evidence left behind them in the kitchen, it
appeared that not less than three were engaged in the business on this
occasions.
On the night of the 9th, a fine sheep, about four years old, belonging
to Mr. CARDELL, of St. Erth, and which had been exhibited at Penzance
shew fair, was killed in the field. The skin was taken to one end of
the field and thrown over the hedge into a field belonging to Mr. P.
BURRALL, of Gurlyn, the scoundrels then appear to have returned and
taken the carcase with the loose fat in an opposite direction, and were
traced to a house at some distance, where search was made for them, but
without effect.
On Saturday night several gardens at Hayle were visited by some
malicious persons, who tore up a quantity of potatoes, beans, peas,
potatoe onions, &c., and broke down and pulled up several fruit trees.
ROBBERIES - On Sunday night last, the dwelling-house of Mr. ROBERTS,
draper, of Liskeard, was broken into by opening a back window. Though
a house-dog is kept on the premises, the thieves succeeded in carrying
off the cash box with GBP70 in it.
On Wednesday the 6th instant, a lad named MACK was charged before the
Truro magistrates, with stealing portions of brass chandeliers
belonging to the Independent Chapel, at Truro. The chandeliers, as is
usual during the summer, had been removed from the chapel to the
adjoining school-room, where they were placed in a box. The thief
obtained admittance by forcing one of the gates of the chapel yard;
then opening the window with a crow bar he got into the school-room,
and broke open the box. It appears he entered the place and stole from
the box on two occasions, having sold the brass to a man called
MATTHEWS, of Kenwyn-street who deals in marine stores, &c. The
prisoner was remanded until Saturday last, when he was committed for
trial at the sessions.
FIRES - At about two o'clock on Monday morning, last week, the boiler
house of Wheal Trelawny Mine was discovered to be on fire. Fortunately
the flames did not extend to the engine house or any other building;
the underground clothing of about fifty miners, and a few other suits,
were destroyed, which loss will be partly borne by the adventurers.
The working of the engine has not been suspended by the occurrence, and
the origin of the fire is unknown.
On the afternoon of Saturday week, the 2nd instant, the farm-house on
Puckapitt estate, in Menheniot, near Liskeard, occupied by Mr. MARTIN
KNEEBONE, was discovered to be on fire. The house being a considerable
distance from any other dwelling, some time elapsed before assistance
could be obtained, and not until the whole of the roof was in flames.
All the furniture (with the exception of a bedstead and a cask of
cider) was rescued from the flames. The fire was first discovered in
the roof, which is a thatched one, and is supposed to have been ignited
by sparks coming out of the chimney.
ACCIDENTS - On Sunday last, at Lanteglos by Camelford, a little boy
about eight years of age, son of Mr. JOHN GILL, of Helston, fell from a
horse on returning from a field and broke his arm. The horse it
appears was frightened by a mischievous boy standing by the road side.
On Thursday last, WILLIAM BOADEN, a van proprietor, who plies between
Helston and Truro, started at his usual time, twelve o'clock, for
Truro, and when going up Wendron-street, very heavily laden, some part
of the harness gave way, and the van full of passengers being detached
from the horse, ran down the stiff hill at the bottom of the street
where it came in contact with the shop front of Mr. JOHNS, shoemaker,
entirely demolishing it. The proprietor Boaden, with a great deal of
composure requested the passengers to keep their seats, he put the
horse to again and smacked his whip and started for Truro, where we
understand he arrived without further mishap.
DELABOLE SLATE QUARRIES - FATAL ACCIDENT - On Saturday the 2nd
instant, JAMES IVEY, a quarryman for many years employed in these
quarries, met his death by the breaking of one of the main chains. It
appears that several men were working in the pit, at the time the chain
broke, but on hearing the awful report, the deceased ran backwards more
than twenty feet and stood still, and in less than a second the waggon
(which had a short time before been despatched by the men loaded with
heavy stone) came down with tremendous force on his head, and crushed
the poor fellow to sudden and instant death. None of the other men
were injured, and had the deceased remained where he was working when
the chain broke, he would have saved his life. On the same day, an
inquest was held on the body before Mr. GILBERT HAMLEY, deputy coroner,
when a verdict of accidental death was returned by the jury.
MELANCHOLY ACCIDENT - BUDE HAVEN. - On Tuesday the 5th instant, the
revenue cutter "Childers," being in the offing, and Capt. NOTT, R.N.,
inspector of the coast guard, being here intending to proceed to
Padstow, the coast guard pinnace was manned. He proceeded on board
about half-flood, and as the pinnance was to be conveyed to Padstow,
four of the crew of the cutter, with the four that took Capt. Nott on
board, left the vessel, being steered by Mr. JENKINS, the chief boatman
on this station. Before they had proceeded far, the boat was struck by
a heavy sea and capsized. The chief boatman and THOMAS BREWER,
belonging to the cutter being unable to swim, were quickly engulphed in
the breakers and drowned. The others were fortunate enough to reach
the shore. Mr. Jenkins was very much respected by all, and both he and
Brewer have left widows to mourn their sudden and melancholy loss. A
coroner's inquest was held at the Falcon Hotel, on Wednesday, and a
verdict of "accidental death" returned.
CORONERS' INQUESTS - The following inquests have been held by Mr.
JOHN CARLYON:- At Lanner, in the parish of Gwennap, on the body of
ELIZABETH RAWLING, aged 67. The deceased had lived for the last two
years with her son and his wife, and was frequently in the habit of
going away to visit her friends, on which occasion it was uncertain
when she would return. About ten weeks ago, she went to Helston to
consult a lawyer about some property, and remained away for some time;
but her son did not feel at all alarmed until after she had been away
five or six weeks. He then made diligent inquiries about her in every
place where he thought it likely to hear of her, but could gain no
intelligence about her. A day or two before the inquest, he heard that
some old woman had been inquiring her way to Lanner, and he was led to
suppose that this might be his mother, and that she had fallen into
some dangerous shaft in the neighbourhood. He therefore began to
search the shafts, and in one of them the deceased was found. There
was no doubt that deceased had fallen in accidentally, and the jury
returned a verdict of "Accidental death." The Rev. Mr. TUCKER, foreman
of the jury, said he could not allow the jury to separate without
calling their attention to the dangerous state of the old shafts
formerly worked by the Penstruthal adventurers. Some of them were
close by the side of the road and quite open; and he thought that some
measures ought to be taken to protect the public against accidents of a
similar kind. The jury concurred with their foreman, and requested the
coroner to write to Mr. WILLIAM WILLIAMS, who took an active part in
the affairs of the parish, and beg him to bring the matter forward in
vestry, in order that some steps might be taken in the matter of such a
necessary protection.
On Wednesday last, at St. Erme, on the body of THOMAS MORCOM, aged 24.
The deceased was a kibble filler at East Wh. Rose; and on Tuesday when
he was engaged in the plot of the 100, the chain broke and the kibble
and part of the chain, fell and knocked him down on the plat. As soon
as he could be sent to grass, Mr. VIGURA attended him; and afterwards
he was removed to his house in St. Erme, where Mr. MICHELL and Mr. SPRY
saw him and performed an operation; but he died at two o'clock on
Wednesday morning. It appeared that the accident was occasioned by a
variation in the miniature line in the engine-house, the consequence of
which was that the driver, believing that the kibble was many fathoms
lower than it actually was, kept the steam at its full power, by which
means the kibble came with such force against the poppet-heads as to
break the chain. Verdict, "accidental death."
The following inquests have been held before Mr. HAMLEY, coroner:- On
the 2nd of June, on JAMES KNIGHT, at Roche, a tinner. He was working
in Wheal Rose Stream Works, when some earth came away suddenly and
buried him. Verdict, "accidental death."
On the 6th instant, on JANE TREVERTON, a young woman at Trevanson, near
Wadebridge, who died suddenly. It appeared that she had gone to bed
the night before in her usual health, after taking a dose of salts. In
the morning, her mother got up at her usual time, leaving her in bed.
Some short time after she went up-stairs and found her daughter very
ill. She called in her neighbours, and sent for Mr. WILKINS, surgeon,
but before his return, she had died. In consequence of reports, an
inquest was thought necessary, but Mr. Wilkins believing that she had
died from natural causes, the jury returned a verdict accordingly. By
the desire of the friends, a post mortem examination took place after
the inquest, when it was ascertained that she had very extensive
disease of the hear, which accounted for her sudden death.
On the 11th instant, at Calstock, on MARY SPETTIGUE, a little girl five
years old. She was playing with some other children, near the river,
when she fell in, and before assistance could be had, she was drowned.
Verdict, "accidentally drowned."
On Tuesday the 12th instant, at the Commercial Inn, Fowey, on the body
of JOHN ADAMS, a tidewaiter, belonging to the customs. A small vessel
called the "Pilot" arrived from Roscoffe, at Fowey, on Sunday morning,
having horses, &c. on board for Mr. HARDINGE, of Trelawny, when the
deceased boarded as the officer from the customs. About eleven o'clock
at night the coast-waiter on making his visit to the vessels in the
harbour, found on coming alongside the "Pilot" that the deceased was
absent, and none of the crew who it appeared were sound asleep, knew
anything of him, save the master, who had the gout, told the
coastwaiter that deceased after dark left the cabin and went on deck,
which was pretty much encumbered at the time with empty casks. Search
being made the body was found on Monday evening, about 200 fathoms from
where the vessel lay. After hearing evidence the following verdict was
returned;- "found drowned, but how deceased got into the water there is
no proof before the jury." Adams was a strong healthy man about 34
years of age, he has left a widow and child.
The following inquest has been held before Mr. GILBERT HAMLEY, deputy
coroner:- On Saturday, at the Union-house, Liskeard, on the body of a
pauper named EDWARD HARVEY, who died very suddenly the day before.
From the evidence of the surgeon there was no doubt death was caused by
apoplexy. Verdict accordingly.
EXETER DISTRICT COURT OF BANKRUPTCY (Before Mr. Commissioner BERE.) -
Re: J. S. COBBLEDICK, draper and grocer, of Whitestone. - This was an
adjourned meeting for last examination. The bankrupt did not appear,
having written to the Official Assignee a few days after, stating his
inability to file a balance sheet; it was therefore again adjourned,
and sine die. Mr. SHEARM of Stratton, whose claim to prove as a
creditor was adjourned from the last meeting for the production of
further particulars, now produced his accounts, and his claim was
admitted.
Re: RICHARD MOYLE, ironmonger, and grocer of Penryn and Redruth. This
was a meeting to declare a dividend, but some of the accounts not being
ready, it was adjourned for a few days.
An audit was held in the case of HENRY LAMBE, late of Exeter, and
Corpus Christi College, Cambridge, an insolvent, and a first dividend
of 4 1/2 d. in the pound declared. Likewise in the case of J. M.
PAYNTER, of Mullion, Cornwall, in the coast guard service, as
insolvent, and a second dividend of 1s. in the pound declared. Also in
the case of H. H. OLIVER, of Torpoint, mercer.
22 JUNE 1849, Friday
ARCHDEACONRY OF CORNWALL - The following appointments have been
made:- Preachers for 1850 - Revds. GEORGE WILLIAM MANNING, EDWARD
SHUTTLEWORTH, TOBIAS FURNEAUX, NICHOLAS FORD CHUDLEIGH, JAMES FUGE, and
JOHN WHITE JOHNS. Deans Rural for 1849,50. - Revds. JOHN HENRY
KENDALL, GEORGE HENRY SOMERSET, RICHARD MARTIN, ARTHUR TATHAM,
FREDERICK WEBBER, HUGH HENRY MOLESWORTH, EDWARD GRIFFITH, and JOHN
WHITE JOHNS.
CLERGY FUND - The following are the Representatives for 1849-50,
Governors of the Clergy fund established in 1755:- Revds. JOHN DAVIS,
GEORGE BUCKMASTER GIBBONS, THOMAS AMORY, JOHN GLENCROSS, JOHN FRANCIS
KITSON, Dr. JOHN ROOKE FLETCHER, RICHARD BULLER, ARTHUR TATHAM,
CUTHBERT EDGCUME HOSKEN, HENRY BAWDEN BULLOCKE, WILLIAM MOLESWORTH,
NICHOLAS FORD CHUDLEIGH, FRANCIS HILL, ARBUTHNOT WRIGHT, CHARLES
HARTLEY, JOHN WHITE JOHNS, and SAMUEL ADCOCK ELLIS.
GULVAL LITERARY INSTITUTION - A reading room has lately been
established in this parish, and arrangements are about to be made for
the delivery of a series of lectures. Mr. JOHN THOMAS, jun.,
president; Mr. T. WOOLCOCK, treasurer; Mr. T. PASCOE, secretary.
FALMOUTH - THE SHIPWRECKED FISHERMAN'S AND MARINER'S SOCIETY -
Another instance of the importance and value of this society to
mariners, has just been brought under our notice. A young man named
ROBERT PARSONS, of St. Teath, near Camelford, an only son of a widowed
mother, and her chief support, became a member on the 24th of February
last. Shortly afterwards he shipped in a vessel bound to the
Mediterranean, and whilst going up that sea, one of his shipmates fell
overboard from the foreyard. Parsons observing the accident, laid hold
of a rope, and nobly jumped overboard to assist him. The tide,
however, was running so rapidly that the poor fellow's efforts were
unavailing; he became so exhausted that he was unable to reach his
vessel, and both he and his shipmate were drowned. The owner of the
ship, living at Sunderland, communicated the particulars of Parsons's
death to Capt. BRADFIELD, the society's agent at Falmouth, and that
gentleman immediately laid the case before the board. The result has
been a donation of GBP3 to the bereaved mother, and the same amount
annually, so long as she lives. By the payment of one year's
subscription, only 2s. 6d., a great boon has thus been secured; and we
should think this one case would exhibit to all seafaring people, not
only the necessity, but the absolute duty of their availing themselves
of the advantage of so useful and benevolent an institution. For 2s.
6d. a year in case either of shipwreck or death, they secure relief
either to themselves or families, and place them beyond the necessity
of parochial aid.
EMIGRATION TO AMERICA - The following is an extract of a letter from
Mr. RICHARD GURNEY, a Cornishman, dated "Grand Rapids, Michigan, May
18th, 1849. - Fortunately we have arrived in time to plant potatoes
and every other kind of vegetable, which grow in profusion here, so
that we shall be partly provided for. The country has not yet put on
that richness of verdure in which I saw it clad last summer, but
everything is beginning to bud. The ground is carpeted with violets,
lupins, and strawberry blossom, which, contracted with a delicate green
of the oak, pine, beech, maple, and a variety of other trees, has a
very beautiful appearance. Wild gooseberries and currants in
profusion, groups of plum and cherry trees and hazel had such an
extraordinary effect on our people that they can scarcely imagine that
nature alone has done so much. There is not a doubt but I shall soon
get a competency, and should thousands, nay, tens of thousands of my
country men come here, they would soon be in comparative affluence.
The country is everywhere intersected by beautiful streams, and small
lakes of the purest water full of delicious fish."
BAD PROVISIONS IN AN EMIGRANT SHIP - A young man named LANYON, of
Redruth, who has emigrated to Australia, complains in a letter to his
friends (which has been forwarded to us) of the very bad quality of the
provisions furnished for the use of emigrants on the voyage, by the
emigration agents. He says, "We had not been out many weeks when we
were told that all the assorted soups and preserved meats were done,
and there would be served out instead, soup and bouithe[?], which, they
say, is stewed beef and vegetables, but which is far more like old
smiths' aprons and rotten carrots. The biscuit is the lowest quality
to be had, and as for the salt beef and pork, why, I would make a bet
that you would never guess what is was - the bones are such as no one
here ever saw before; I think they are from animals that existed
previous to the flood. You, perhaps, are not aware that in ships of
this kind the agents sent out for sale very large quantities of spirit,
wine, ale, cheese, ham, flour, preserved fruits, pickles, &c., and
there are stated hours each day for selling them; so that you see it is
their interest to give us bad provisions, we being then compelled to
buy many things to make anything like a living. One family on board
has spent nearly GBP80 and several families it has cost from GBP10 to
GBP15. Luckily for me, I was pretty well stocked, in fact, better than
any one on board. The following are the quantities of spirit, &c., sold
to February 3rd: rum, 124 gallons at 3s. per bottle; brandy, 164
gallons at 2s. 6d. ditto; gin, 28 gallons at 3s. ditto; (to the crew)
rum, 34 gallons, and Hollands, 20 gallons at 3s. ditto; total, 370
gallons. Sherry, 33 dozen, at 3s. per bottle; port, 31 dozen at 2s.
6d. ditto; champagne, 4 dozen at 4s.; claret, 5 dozen at 2s. 6d.
ditto; total 73 dozen. Ale and porter, 168 dozen at 1s. per bottle;
ditto, draught (bottled before sold), 108 gallons."
SHEEP SHEARING - The annual shearing match came off at Roche, on
Wednesday the 13th instant, when the following prizes were awarded.
County - 1st prize, NICHOLAS PHILLIPS, Lanlivery; 2nd ditto, JAMES
RUNDLE, Lanlivery; 3rd ditto, WILLIAM DOWDLE, St. Columb. Parish - 1st
prize, T. STEPHENS, Roche; 2nd ditto, WM. BROKENSHIRE, Roche; 3rd
ditto, DANIEL COCK, Roche. Boys under 17 years of age - 1st price,
RICHARD VARCOE, Roche; 2nd ditto, JOHN RUNDLE, Roche; 3rd ditto, JOHN
ROBINS, Roche. Great credit is due to Mr. NICHOLAS ROBINS, of Roche,
for his exertions in furthering good sheep shearing in this part of the
country; and to Mr. HOOPER for his kind attention to his visitors.
A YOUNG WOODCOCK - At Boconnoc house, on Friday last, Lady
GRENVILLE's keeper, JOHN FROST, brought in a young woodcock, which he
had just killed in a marsh near the park. It was larger than the jack
snipe, and very nearly as large as the largest snipes which are
commonly found on the Cornish moors. It is said to be a rare
occurrence to find woodcocks breeding in this part of the country.
THE PENSIONERS AT PENDENNIS CASTLE. Lieut. McDOUGAL who commands the
pensioners of the district, assembled them for the usual period of
exercise on the 15th instant, at Pendennis Castle. It was intended to
have been a grand field day, but the weather was unfavourable, and
whilst the doubt of such a performance remained, Mr. BOASE, the barrack
master, and one of the Waterloo heroes, gave an invitation to the
officers and a party of gentlemen to take wine, of which they partook,
and whilst quaffing to the good health and long life of the gallant
officer, listened to the tale of bye gone battles and hair-breadth
escapes. The commander then called the veterans, to whom the long
looked-for medals had been awarded, and addressed them in a speech
worthy of the occasion and characteristic of the soldier and the
friend, wishing they might long live to received the pensions which
their services deserved. Nine clasps, we believe, is the merit of but
few, and only two in Cornwall it is said are entitled to so many, and
those two are residents of Falmouth, who received them at the hands of
Lieut McDougal by order of the commander-in-chief. They are
beautifully executed having her Majesty's likeness on one side, and on
the reverse - war horse, &c., &c. The pensioners of the marines on the
ground also received their medals, and were likewise addressed in
appropriate terms; and three cheers were then given for the Queen. The
commanding officer is deservedly esteemed, and the marked burst of
cheering by the men at the close, which he could not successfully
check, spoke greatly in his praise.
GENERAL SIR W. R. GILBERT - A correspondent of the Times complains
that the honour of the "Grand Cross," granted to this officer for his
late services in the Punjab war, is little or no reward commensurate
with his services; as by his gallant conduct he had merited the reward
just conferred on him before the opening of the last campaign.
WAR MEDAL - Major PASCOE, R.A., of Penzance has received a medal with
seven clasps, for services in the Peninsula. On the clasps the names
of the following actions are inscribed:- Nive, Nivelle, St. Sebastion,
Vittoria, Salamanca, Badajos, and Busaco. The medal bears the date
1793 - 1814.
APPOINTMENT - Baron LIONEL ROTHSCHILD, the Austrian Consul general
for Great Britain, has appointed JOHN BANFIELD, Esq., to be Austrian
Consular Agent for the Scilly Islands.
CORNWALL COUNTY COURTS - TRURO - At this court, on the 8th inst., Mr.
ADAM GORDON sought to recover possession of a tenement in Tregony, held
by Mr. HUGO. In November, 1847, Mr. BARKER, steward for Mr. Gordon,
having been unsuccessful in endeavouring to dispose of the house,
garden, and premises in question, agreed to allow defendant to occupy
the garden and field adjoining and to take the produce on condition
that he should keep the house well aired, and that he should give up
possession when required, on being paid for his seed and labour.
Subsequently, at Mr. Barker's request, Mr. COCK, of Tregony, required
possession of the premises, but defendant refused to give them up
unless he were paid GBP10; whereas a gardener named PAULL, estimated
defendant's crops and labour at somewhat under GBP3, which amount was
tendered but defendant refused to accept it, alleging that the
agreement was that he should occupy the premises until they were let or
sold. Mr. Barker's statement, however, seemed to be confirmed by a
letter written by defendant. Mr. Barker then offered to pay GBP5 as
compensation, with which defendant expressed himself satisfied, and an
order was made for delivery of possession in ten days.
PENZANCE - At this court, held on Tuesday last, the case of RICHARD
v. F. BOASE, tried by jury, occupied a considerable time. The action
was for recovery of a balance for attendance on a horse, and also for
shoeing at defendant's request, who had previously paid a sum into
court. Verdict for plaintiff, but not to the full amount claimed.
PENGELLY v. PASCOE was an action against the high bailiff of the court
for recovery of money paid as deposit by plaintiff on purchase of
certain property sold under an execution from the court. The real
question at issue was whether the high bailiff had a power to sell
leasehold property under an execution from the court. Mr. DARKE, for
plaintiff, argued against the power; and Mr. PASCOE in the favour.
Decision deferred.
REDRUTH - At the monthly sitting on Thursday and Friday last,
fifty-six cases were entered for hearing. TYACK v. TYACK, an action
tried by jury, was brought to recover GBP8. 7s. 7 1/2 d., for work and
materials, plaintiff being an ironmonger at Camborne, and defendant the
keeper of the hotel in that town. Defendant denied the accuracy of the
account, and also insisted that he had been too highly charged for the
work done; and further, that he had paid plaintiff GBP5, which he
considered a fair remuneration. On the other hand plaintiff denied
that he had received anything on account of his bill. It appeared that
the work was done upwards of three years ago, and that plaintiff had
delivered no bill until Christmas last, since which he had delivered
three accounts each varying in amount. After being locked up several
hours, the jury returned a verdict for the plaintiff for GBP5. 10s.
The case of CORNISH v. McKENNY, executrix of DANIEL McKENNY was brought
before the court on a question of costs. Mr. ROGERS said plaintiff had
withdrawn the case since the opening of the court, and he submitted
that defendant was entitled to the usual costs, inasmuch as plaintiff
should have withdrawn the case at an earlier period, and have saved
defendant the expense of employing an advocate, and bringing witnesses.
Mr. PASCOE, for plaintiff argued against the application; and the
judge decided that he could not give the costs applied for.
In the case of MITCHELL v. NICHOLL and ANOTHER, assignees of the estate
of THOMAS CAIRNS, a bankrupt, the action was brought for recovery of
GBP5[?] and upwards, for goods supplied to defendants' daughter.
Defendant, however, had given no authority for the goods, but had told
the travellers he would not be answerable for them. Verdict for
defendant.
FIRE AT CAMBORNE - On Monday last, a fire broke out in this town,
which might have proved serious, had not the most active exertions been
used. It was first discovered about half-past two p.m., in the thatch
on the roof of a dwelling house, contiguous to the extensive warehouse
of Mr. JAMES BUDGE, at the back of Tyack's Hotel. On the first alarm,
the inhabitants of a portion of the premises commenced removing their
furniture, ladders were erected against the roof of the house, and the
two town engines were soon on the spot, but as usual with these
machines when called out in a case of emergency, some of the pipes were
choked or greatly out of working order. However, after a little delay
the difficulty was surmounted; and utensils for carrying water were
also brought into requisition, and contributed to extinguish the
flames. The fire was soon got under by men with pikes, &c., who
commenced removing the thatch, and the only loss was that of the old
thatch roof, which should never have been allowed to remain in the
neighbourhood of the most vulnerable property in the town. This fire
should be a warning to influential inhabitants, to take measures to
bring a sufficient supply of water into the town, to meet such
casualties in future.
TRURO POLICE - On Tuesday last, THOMAS COURTS, a sailor, was fined
GBP5 for assaulting THOMAS BUZZA, another sailor, on the 13th instant,
and in default of payment he was committed to prison for two months.
EDWARD TREGENZER, a barber living in Pydar street, was charged with a
criminal assault, &c., on the person of ELIZABETH JANE HOBBS, a girl
under eleven years of age; also with feloniously committing a similar
offence on the person of MARGARET SUTTON, a girl under the age of ten
years. It appeared that he met the girls on the leats as they were
returning from school, about a week before Truro Whitsun fair. After
hearing the evidence (which is unfit for publication) the magistrates
committed the prisoner for trial at the net assizes, but admitted him
to bail himself in GBP100, and four sureties in GBP25 each.
TORPOINT PETTY SESSIONS - At these sessions, held on Tuesday week,
before Mr. CORYTON ROBERTS and Captain TUCKER, JOHN C. KEEN was fined
GBP2 and costs for assaulting MARY ANN WEARING at St. Stephens.
WILLIAM SMITH, of St. Germans, was charged by JAMES STANBURY, the
gamekeeper of the Early of St. Germans, with entering a copse at Berry,
St. Germans, on the 21st ult., and being in pursuit of game. Defendant
said he was only there to shoot a blackbird, and the prosecutor not
wishing to press the charge, the magistrates imposed the mitigated
penalty of five shillings and expenses, which they allowed him a week
to pay.
ROBBERIES - On the night of Wednesday, or early on the morning of
Thursday, the 14th instant, the shop of Mr. FRANCIS KNEEBONE,
cordwainer, &c., of Marazion, was broken open and entered by some
person or persons who carried off several pairs of gentlemen's boots
and a quantity of leather.
At Goldsithney and the neighbourhood, one night last week, a number of
brass cocks were carried off from water barrels; and the house of Mr.
WILLIAM TYACKE was entered, and several brass candlesticks stolen.
In the parish of Sheviock several robberies have lately been committed.
On Thursday night the toll house was broken into, and about a dozen
shillings carried off.
On Friday night last, the farm house at Tredrossell, occupied by Mr.
ROSEVEARE, was entered, and a dozen and half of silver spoons, some
pasties, and a quantity of bacon, and other articles were stolen. An
old memorandum book containing GBP45 in bank notes was overlooked by
the thieves in one of the drawers they examined.
On the same evening 1 cwt. of bacon was carried off from the dwelling
house of Mr. PARKER. No clue has been obtained to the parties
concerned in these robberies.
DREADFUL ATTEMPT AT POISONING - The parishioners of Trevalga have
been in a state of great excitement, during the past fortnight, in
consequence of the life of their vicar, the Rev. J. T. SYMONS, having
been greatly endangered by poison. It appears that he took some
calves-foot broth on the evening of Saturday, the 2nd instant, and was
afterwards suddenly taken ill, the 2nd instant, and was afterwards
suddenly taken ill, the cause of which was subsequently brought to
light, it being that his servant, a lad about fourteen years of age,
had maliciously put an ounce of arsenic, which he had before purchased,
into the basin containing the broth. It is reported that the young
scoundrel's intention was not to poison his master, but that he had
premeditated the destruction of his mistress, by whom he supposed the
broth would be eaten. An express for Mr. WEST, surgeon of Camelford,
was immediately despatched, and through his exertions, and in
consequence of the quantity of arsenic that was given, the rev.
gentleman is now going on favourably, and it is hoped will recover.
The perpetrator of this heinous crime has since run away, but we trust
that he will be apprehended and punished. The quantity of poison
swallowed by Mr. Symons, was sufficient to have proved fatal to several
men.
CORONERS' INQUESTS - The following inquest has been held before Mr.
CARLYON, Coroner:- On Saturday last at the Swan Inn, Truro, on the
body of SAMUEL HOCKING. The deceased was a driver in the employ of Mr.
KNIGHT, brewer, of Truro. On Friday last he was sent to Cubert by his
master, with some beer on a cart drawn by one horse; and on his way
back, in the evening he stopped at the public house at Zelah, where he
was joined by THOMAS SIMMONS, another driver of Mr. Knight's, who had
been to Newlyn on a similar errand. After remaining there a short
time, they both started for Truro, Simmons and his cart proceeding
first. On going up a hill, Simmons looked back and saw the deceased
and his cart coming gently down the opposite hill; but as Simmons was
going down Kenwyn-hill, the deceased's cart without a driver overtook
him. The back chain of the harness was gone, the fore chain unhitched,
and the reins (which were of rope) were broken. Simmons went back a
little way to the top of the hill, but could see nothing of the
deceased, and he then drove on both carts to Truro. Shortly after he
reached Mr. Knight's, a messenger arrived stating that Hocking was
killed, and Simmons was sent out with a cart to bring him home. It
appeared that AARON ROSENBURGH, a travelling Jew, was returning from
Zelah, on Friday evening, between ten and eleven o'clock; and, about
half a mile on the Zelah side of Short Lane's End, he heard some one
groaning, and presently afterwards, saw deceased lying across the
turnpike road on his face. He touched the body with his umbrella and
called to him, but could get no answer; he then ran immediately to the
beer-shop at Short Lane's End, where he got some men to return with
him; by which time Hocking was dead. Simmons stated that deceased had
not drunk more than one or two glasses of beer at Zelah; and that on
leaving that place, "he might have been a little tipsy, but nothing to
speak of; he was quite competent to get in and out of his cart without
assistance, and could walk very well." Although no one saw the
accident, it was supposed that he fell out of the cart, on his head,
which produced a concussion of the brain, caused probably by
accidentally falling out of the cart."
The following inquest has been held before Mr. GILBERT HAMLEY, deputy
coroner:- On the 14th instant, at Camelford, on the body of a child
about four months old, the daughter of JAMES EARNALL, who on rising in
the morning found the child dead in the bed. From the evidence of Mr.
KING, surgeon, the child died by a fit of apoplexy. Verdict returned
by the jury accordingly.
THE CHOLERA - (From the Devon extracts) - We are happy to state that
the disease among the emigrants in the "American Eagle" at Plymouth,
which last week alarmed so many persons, has almost disappeared, but
two deaths having occurred since our last. The sick who were removed
on board the "Tyne," have received very considerable benefit from the
change - the roominess and cleanliness of the hospital-ship having
contributed to their immediate relief. On Saturday last, Dr.
SUTHERLAND, the Government Medical Inspector, arrived at Plymouth, and
both on that day and on Sunday inspected the "American Eagle." The
Board of health also transmitted instructions to the Plymouth Guardians
of the Poor, to see that the "American Eagle" was properly cleansed
before she left the port. "The Andromeda" store-ship, was towed from
Hamoaze into the Sound on Monday last by the "Confiance," in order to
remove the stores of the "American Eagle" and such of the passengers
and crew as were convalescent.
29 JUNE 1849
ROOM OPENED FOR DIVINE WORSHIP - A room furnished with benches to
seat five hundred persons has been erected at Boscadgwell Downs, in the
district of Pendeen, St. Just, and has been licensed by the Bishop of
Exeter, for the celebration of divine worship, until a church can be
completed. On Sunday last, the building was opened, and there were
very crowded congregations at both the morning and afternoon services.
The Rev. ROBERT AITKIN, the incumbent of the district officiated on the
occasion, and the choral portions of the services were chanted by the
St. Just choir.
REDRUTH MIDSUMMER WRESTLING MATCH - This being the ordinary time for
a general wrestling match at Redruth, as usual, a large concourse of
spectators and wrestlers assembled at the South Turnpike, where it had
been announced some weeks before, that three prizes would be contended
for, - first prize, one sovereign, and two hats for the second and
third prizes, and that the wrestling would to a certainty be concluded
on the second day, which was Monday last. Although the prizes were
small, an admirable lot of proficients in this manly recreation were
attracted to the spot, some of them from a distance of several miles.
From the generally respectable appearance of the spectators and the
demeanour of the wrestlers, expectations of good sport were
entertained, and for some time there was many an interesting "hitch and
fall" but the innkeeper wished to defer the conclusion of the sport
till the ensuing Saturday afternoon. This however was not approved by
the players, spectators, and those who took an active part in the
matter, but a pretence for interfering with the management was at
length found by saying that the parties wrestling had made a compromise
for the disposal of the prizes, and that whoever might be entitled,
none would be paid them. At this time, E. HAMPTON, of St. Agnes, an
admirable player, and JAMES GLUYAS, of Gwennap, a much younger player
than the former, but likely ere long to become one of the first among
Cornish wrestlers, were contending together, and the good humour and
earnestness displayed by both men excited great applause. As soon as
Hampton and Gluyas heard they were accused of agreeing, or compromising
the wrestling, they indignantly threw their wrestling jackets at the
person accusing, and refused again to enter the ring, and within a very
few minutes every decent person left the place, in the greatest
disgust, sympathizing with the wrestlers because of their bad
treatment. Several of the spectators afterwards proposed to contribute
the amount of the prizes if a field could be procured.
HAYLE - On Sunday evening last, two person were baptized by immersion
in the Hayle river, by the Rev. T. J. MESSER (Baptist minister) in
presence of upwards of two thousand spectators, previously to which Mr.
Messer delivered in the Baptist chapel a most impressive discourse from
psalm cxliv. verse xv. Although so large a concourse of persons had
assembled, a great solemnity pervaded the whole, especially during the
rev. gentleman's address at the water side.
FOWEY - On Saturday last, three immense stones of granite, computed
to weigh upwards of seven tons each, were brought to Fowey by order of
Mr. TREFFRY, in his canal boat, and landed on Albert Quay. They were
intended to be the foundation stones of a magnificent pillar, about to
be erected in commemoration of the visit paid to Fowey by her most
Gracious Majesty Queen Victoria, and his Royal Highness Prince Albert,
on the 8th of September, 1846. The stones were raised from the boat at
low water, to a height of twenty feet on an inclined plane, and it was
very interesting to the bystanders to see the easy method adopted by
the men employed by Mr. Treffry, to raise the massive stones to such an
elevation.
GUN ACCIDENT - On Wednesday the 20th instant, the son of Mr.
WHITFORD, of Messack, in St. Just in Roseland, a young of about 14
years of age, went into a brake to shoot rabbits; he laid his gun on
the ground, in order to examine a hole into which a rabbit was supposed
to have entered, and on arising from this spot he took up his gun
again, with his left hand, with the muzzle incautiously directed
towards his person; while in this position, the piece most
unfortunately went off, and its contents penetrated the front and
fleshy part of the right fore arm, and making its transit through the
muscles and other parts, in a sort of spiral course, effected its exit
at the back of the arm, just above the elbow. Mr. BOYNE, of St. Mawes,
was soon in attendance, and in a consultation the next day with Mr.
BULLMORE of Falmouth, both gentlemen were of opinion that there existed
a fair chance of saving the limb. So far, the young man is happily
progressing in accordance with their views.
TRURO POLICE - On Tuesday last, SUSAN WATERS was committed for trial
at the sessions, for keeping a disorderly house on Richmond Hill. The
accused was admitted to bail.
HIGHWAY ROBBERY - as JAMES JEWELL, the regrater from Launcells to
Plymouth, was on his return on Saturday from the latter place, between
Launceston and Dolsdown, about midnight, having occasion to get out of
his waggon to pick up his whip, he was set upon by a man, who threw him
down and placing his knee on his chest, cut off the skirt of his coat,
in which he had his money, from GBP20 to GBP30. Jewell struggled hard
with the fellow, and tore away his neckerchief and part of his shirt,
but from his position he became exhausted and insensible. The fellow
having attained his object, made off. As soon as Jewell had recovered
the shock, he made the best of his way to Stratton, and reported the
robbery to GODDARD, the police officer, with a description of the
robber, his scratched face, &c., as Jewell happened to know the man.
The police officer, taking with him the constable of Marhamchurch,
started off to a farm called Worden, in the parish of Bridgerule,
occupied by two brothers of the name of PARSONS. On their arrival
there they found their man, one of the brothers, playing with a child,
with the scratches very visible on his face. They then searched the
house, and found the torn shirt, with marks of blood on it, hid away
under the bed tie. They took him into custody and brought him to
Stratton, where he was brought before the magistrates and remanded
until Wednesday.
SHEEP STEALING - No less than five farmers in the neighbourhood of
Helston have had sheep stolen during the past week. About a month
since, Mr. WILLIAMS of Antron Farm, in Sithney, had one of his finest
lambs stolen; and on Friday night last, the thieves came for another.
On Saturday night Mr. BENNETTS, of Praze, and Mr. HENRY MATHEWS, of
Treesa, adjoining farms, had each a lamb stolen. Five pounds reward
for the detection of the thieves have been offered in each case; but
though there is strong suspicion on the part of Messrs. Mathews and
Bennetts, there is not sufficient evidence to obtain a search warrant.
We hope however, ere another week shall elapse, that the guilty parties
will be apprehended. Two farmers of Breage, also had sheep stolen last
week.
RECOVERY OF STOLEN PROPERTY - On Thursday morning a young man in the
garb of a sailor offered a watch for sale at the shop of Mr. JAMES,
pawnbroker, Truro, who having suspicion that it had not been honestly
obtained, gave information, through which he was taken into custody by
HENRY JANE, an active constable of the parish of Kenwyn. The man was
brought before the Mayor, and described himself as THOMAS STEPHENS,
jun., of Portreath, sailor. Besides the watch, there were found on him
several articles of wearing apparel marked "G. ROW," and it was decided
to remand him until Saturday, and to advertise the property, with the
view of finding the owner. When, however, the sailor found that he was
to be taken to prison, he confessed that he had stolen the watch and
articles from the captain of a vessel at Pentewan, near S. Austell, and
he now stands remanded to await the identification of the property.
ROBBERIES - On Wednesday the 15th instant, the dwelling-house of Mr.
BENNETT, Treyarnon, St. Merryn, was broken into by thieves, who entered
through the dairy window and carried off bread, butter and other
articles. The servant man, observing a light, made an alarm; but the
scoundrels escaped capture, leaving chisels and a stick behind them.
It is supposed that two or three were concerned, as several suspicious
characters were seen loitering about the parish in the course of the
day.
LIVES LOST IN AN UNWORKED SHAFT - On Thursday morning, the 21st
instant, two boys, one ten and the other four years of age, children of
VIVIAN STEVENS, were sent by their mother to look after a donkey on the
downs near Ludgvan. As they did not return in the evening, alarm was
excited, and a search was made for them in the neighbourhood, but
without success until the middle of Saturday, when by means of a
grapple their dead bodies were found in an unworked shaft of Wheal
Strawberry mine, the poor little fellows having to all appearance
fallen in and been drowned in the water at the bottom. This is another
strong caution against the practice of leaving old shafts unprotected,
whereby the lives of persons are endangered.
NOTICE - Any person having any demand on the Schooner "Regent," of
Fowey, ROBERT JAMES, late master, will please forward the same to R.
HICKS, of Lamellton, near Fowey, that the same my be examined and
settled before the 5th of July next. June 21, 1849.
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