cornwall england newspaper
1849 NEWS
MARCH
2 March 1849, Friday
THE SHERIFFALTY OF CORNWALL - SIR SAMUEL THOMAS SPRY, Knight, the Sheriff of Cornwall, has appointed MR. GLUBB, of Liskeard, his Under Sheriff, and MR. EDMUND CARLYON, of Liskeard, his County Clerk, for the ensuing year.
TRURO GRAMMAR SCHOOL - The classical prize bequeathed by the REV. DR. CARDEW has this year been adjudged by the REV. PREBENDARY CORNISH, to HINGSTON, the senior boy of the school.
PENZANCE DISPENSARY - Two sermons were preached at St. Mary's church, Penzance, on Sunday last, by the REV. E. SHUTTLEWORTH, in behalf of this excellent charity, and the sum of GBP 23.12s was contributed in furtherance of its objects.
ROYAL COLLEGE OF SURGEONS - MR. CHARLES JAMES BENNETTS, of Mylor, was admitted a member at the meeting of the Court of Examiners, on the 23rd ult.
TORPOINT STEAM FERRY BRIDGE - On Friday, the tolls of this bridge were let for one year, from the 25th of March next, for the sum of GBP 2915, being an increase of GBP 245 on last year's letting.
TRURO BOARD MEETING - The report of the inundation committee was received, and it was resolved that the Traghar Water committee be empowered at once to clear the rubbish from the Bed of the rivers from Lemon Street bridge and the East bridge, and that they call on the parties liable to repair the culvert from the Savings Bank Bridge to the old stream, to convert the double arch of such culvert into a single arch; also to call on the owner of the premises occupied by Miss BARLOW to substitute an iron support in the bed of the river instead of the present granite post under these premises; to cause the removal of the quay behind Mr. H. J. JAMES and Mr. BROKENSHIRE's houses, it being an obstruction to the river; and that SIR CHARLES LEMON's steward be requested to have hewn stone used in repairing the damage of the flood at MR. PEARCE's premises, and to cause the erection to be curved as in seafacing.
WRESTLING - A match came off on the Beacon, Bodmin, on Monday, the 19th ult., between GEORGE OLIVER, (commonly known by the name of ROPER), and ISAIAH HOSKIN, the first two falls, for a bet of GBP 5, which was played in a masterly style, especially on the part of Hoskin. The Roper played in usual style of kicking, but it had not the least effect on Hoskin, who came off the winner, throwing his man both falls.
THE FLOODS AT TRURO - The sum of GBP 390 subscribed to assist the sufferers by the late flood ,has been distributed amongst thirty-four individuals. We are sorry, however, to state that means have not yet been taken to prevent the occurrence of another flood. On Wednesday last, it having rained very heavily throughout the day, a large quantity of water came down the river, and the arch in River-street being insufficient to carry it off, about four o'clock St. Nicholas street and the West Bridge were flooded, in some places to the depth of two feet, rendering that part of the town impassable for foot passengers. The shopkeepers, fearing that they should be visited with another destructive flood, closed their shops and hastily removed articles that were liable to damage. Fortunately, however, about this time the rain almost ceased, and the water gradually left the street, so that after some interval the shops were re-opened, and business resumed.
It will be seen by the Town Council proceedings on Monday, that measures are about to be taken to obviate the recurrences of floods; but too much time has already been lost in this matter. The inhabitants must not any longer be suffered, through any indifference of the authorities, to remain in a state of insecurity, liable on any day of heavy rain to the loss of their property, and perhaps, of their lives. On two occasions the town has been saved from great destruction by its happening to be ebb tide when the overflow of water came down the river. The utmost dispatch should therefore be used to remove the cause of these floods before some extreme mischief be occasioned.
DESTITUTION - On Monday evening last, three men in a pitiable state of destitution were taken into custody at Falmouth, for breaking a pane of glass in a shop window. They were taken before the magistrates, but the charge against them was withdrawn. In answer to inquiries by the Mayor, they said their names were JOHN JAMIESON, of Dumfries, THOMAS BROWN of Glasgow, and THOMAS WILLIAMS of Bridgewater. They were all habited in a dress made from old sacking stuff, which they said had been supplied to them by the magistrates at Penryn. They had no hats, stockings, or shoes, and had not a penny amongst them. The Mayor said they must be relieved, and as the board was sitting at Penryn, he sent them to the relieving officers there.
TRURO POLICE - On Monday last, MARY ARGUS was fined 5s. and costs, for committing a malicious injury of the 20th ult., in the shop of THOMAS SIMMONS, Pydar Street.
WILLIAM HENRY TUCKER, JOSEPH TRENERRY, THOMAS ELLACOTT, and WILLIAM WEEKS were charged with assaulting THOMAS and SAMUEL POWELL. The complainants were going up Kenwyn Street on Saturday night last about eight o'clock, when in consequence of some occurrence, they were attacked by the defendants. Trenerry, who is a tailor, stabbed Samuel Powell in several places in the hands and shoulder, and it is supposed he inflicted the wounds with a scissors. Tucker was fined 20s. and 19s. costs, for assaulting Thomas Powell; Trenerry was fined GBP 5; Ellacott was fined 10 s. and 18s. costs; and Weeks, who received a good character from his master, was discharged on paying 11s. 6d. costs.
SMUGGLING - On Friday last, PETER CARR, a seaman belonging to the ship "Caledonia," at Falmouth, was convicted of smuggling six pounds of segars, and one and a half pounds of Cavendish tobacco. He was fined GBP 100, and in default of payment was committed for six months.
ROBBERY AT BOSCASTLE - On the morning of Wednesday the 21st ult., the offices of Messrs. ROSEVEAR and SLOGGATT, at Boscastle, were found open at the back door, which had been secured as usual by a bar on the inside. From the till and iron chest there had been carried off, as near as can be ascertained, from GBP 20 to GBP 30 in gold and silver; but a much larger amount escaped the notice of the thief, besides bills and cheques, none of which were taken. There is every reason to believe that the party must have been secreted on the premises, previous to their being shut on the previous day, as no one resides there. There is no clue to the discovery of the robber.
COMMITTAL - JOSEPH HEWITT, on the parish of St. Breock, was on Friday last, taken before MR. EDWARD STEPHENS, of Trewornan, charged with an assault on the person of a girl named TABB, of St. Miniver, with intent &c. He was fully committed to take his trial for the capital offence.
SUICIDE AT HELSTON - On Tuesday morning last, about eleven o'clock, a report prevailed in Helston, that a man called RISDEN had been found hanging in the skittle alley of the Blue Anchor Inn, at the bottom of Coinage-Hall Street, which was soon discovered to be too true. About eleven o'clock in the morning, MR. JUDD's children went into the skittle alley to play, and shortly afterwards returned to their father exclaiming, "there is a man hanging in the alley." MR. JUDD hastened to the spot and discovered the man to be THOMAS RISDEN, who was suspended to a beam by his fishing lines, with his feet about three inches from the floor. He at once cut down the body, and sent for Mr. ROSKRUGE, surgeon, who was on the spot in a few minutes, and pronounced him to have been dead about two hours.
On the same evening an inquest was held on the boy at the Guild-Hall before MR. T.H.A. ROSKRUGE, the borough coroner, and a respectable jury, when it appeared that on the morning in question, Thomas Risden, who has for many years carried on business at Helston as a hair-dresser, got up at his usual time, about seven o'clock, and went to the White Hart Inn, where he asked MR. GEACH for something to drink, but did not receive it. He then told Mr. Geach that he would never see him alive again, and he must have immediately gone into the Blue Anchor by the back way, and carried his threat into execution. It was also stated that he said to his wife before he left, "You will see me again, but I shall never see you." But his wife, as well as Mr. Geach, having before heard him use similar threats, paid no attention to him. It also appeared that on two former occasions deceased attempted to destroy himself, once by cutting his throat, and the other time by hanging himself; but on both occasions was prevented. Risden has for a long time been a great drinker, and the jury after a patient hearing were unanimous in their verdict "that the deceased committed suicide, at the same time being insane."
FATAL ACCIDENT - On Friday last, a labouring man named THOMAS WILLS, in the employ of MR. RICHARD POLLARD, of Bodieve, in the parish of Egloshayle, whilst engaged about the thrashing machine, met with instant death. The deceased had finished thrashing, and was about shifting the gear to attach to a chaff cutter connected with the machine and worked by the same water power, but on attempting to do so he very incautiously omitted to stop the wheel. The consequence was that he got entangled in the machinery, and before assistance could be procured he was crushed to death. The deceased has left a widow (who is near her confinement) and two children.
FIVE PERSONS DROWNED - On Thursday the 22nd ult., five persons were drowned in the St. Germans river, through one of those accidents to which boats are liable, from the serpentine nature of the channel, and from its being in some places open and unsheltered. On the afternoon of Thursday, as one of the Tideford market boats was returning from Devonport with six passengers, including the two boatmen, about midway between the two places, a sudden gust of wind laid the boat on its side, on which the boatman who held the sails in his hand continued to hold them on, and the boat sank. A young woman named PRYN, who was walking in a field adjoining the river, witnessed the accident, and went hastily to inform her brother, who was at work in a neighbouring garden. With the most praiseworthy promptitude, he (accompanied by his servant) got off a little boat, which happened to be tied up at a short distance, but though they exerted themselves to the utmost, nearly three quarters of an hour elapsed before they reached the place of the sad disaster. One of the boatmen had succeeded in reaching a part of the mast above the water, and was saved, but the rest all perished. Their bodies have been since found, and inquests have been held on them before MR. J. HAMLEY, coroner, when a verdict of "accidentally drowned" was returned.
CORONER'S INQUEST - The following inquest has been held before Mr. HAMLEY, coroner: On the 28th ult., at Bodmin, on an infant, the illegitimate son of ANN SCANTLEBURY, who was found dead by the mother's side on her awakening in the morning. Several witnesses were called who proved that the mother had always been kind to the child, and had taken every care of it; and MR. ROBINSON, surgeon, who had examined it, said he had no doubt that the child died from natural causes, most likely a fit. Verdict accordingly.
PREROGATIVE COURT - Thursady, February 22
WISH v LUGG - WILL IN FAVOUR OF A MEDICAL ADVISER - The facts of this case were, a lady of the name of MISS JEPHTA LUGG, residing in Penryn, in this county died in Decmeber, 1846, possessed of considerable property, stated to amount to between GBP 30,000 and GBP 40,000. Previous to her death she made a will, bequeathing the bulk of her property to DRl RICHARD WISE, who was in the habit of attending the deceased in his professional capacity. This will was now opposed by MR. JOHN LUGG, who was sole nephew and next of kin to the testatrix, on the ground that deceased was of weak mind, produced or increased by an indulgence in ardent spirits, and that Dr. Wise had taken advantage of this weakness, and obtained undue influence over her, at the same time feeding this desire for exciting drink by supplying the deceased with brandy, which he was in the constant habit of bringing to her in his private carriage - a bottle at a time - saying she was labouring under an inward disease; that brandy was necessary for her; and it was important that it should be of the best quality, as his excuse for so doing. It was contended by counsel on the part of Mr John Lugg, the nephew, that it was under this influence he had induced the testatrix to make her will in his favour, part of which appeared in Dr. Wise's handwriting, wherein she appoints him her executor. The Queen's Advocate and Dr. ROBERTSON were heard in favour of the will. Dr. ADDAMS was heard yesterday in opposition to the validity of the will. He had not closed his argument at the breaking up of the court. Dr. HARDING will be heard on the same side.
COURT OF QUEEN'S BENCH
Saturday, February 24 (Before Mr. Justice ERLE and a special jury)
THE WEST CORNWALL RAILWAY COMPANY v. MOWATT - This was an action brought to recover GBP 10,034 being the amount of calls made on 5,017 shares, held by the defendant in the plaintiffs' company. To this the defendant pleaded severally that he was not indebted beyond GBP 100; that he was not the holder of the shares, and thirdly, that he had become the holder of the shares by the fraud and covin of the plaintiffs.
SIR F. TRESIGER, MR. CROWDER, Q.C., and MR. M. SMITH conducted the case for the Plaintiffs, and the ATTORNEY GENERAL, with Mr. MARTIN, Q.C., Mr. COMPTON, and MR. JONES, appeared for the defendant.
It appeared that the act of Parliament incorporating this company received the royal assent in the year 1846, and in the July of the following year the defendant, who is the member for Falmouth and Penryn, became the registered proprietor of 5,017 shares. Upon these a call of GBP 2 per share was subsequently made. Shortly afterwards the defendant became an active member, taking upon himself much of the management and control of the company's affairs, acting as a director and as chairman of the board. While officiating thus he had written several letters and circulars to be sent to defaulters pressing for payment, and stating that it was highly necessary that the calls should be at once paid, as the whole of the capital had been subscribed.
In another document the defendant had spoken of himself as the owner of one-fifth of the company's entire capital, and therefore those parties who would not pay their calls should do so, and also if he did not have his own way entirely he would have nothing whatever to do with the affair. The directors, imagining that they had the right of a voice in their own business, did not choose thus to have a dictatorship established. Such a fact having been intimated to the defendant, he at once resigned his office, stating he would have nothing more to do with the company, and refusing to pay the GBP 2 call on his registered shares. He only admitted that he held fifty shares.
Witnesses were called in support of these facts; on cross-examination, however, they admitted that there had been some agreement entered into between the company and the defendant, under which he had consented to take the unappropriated shares.
The ATTORNEY GENERAL, for the defence, observed that he had been instructed that the defendant had withdrawn his third plea; he should say nothing about the letters to which the attention of the jury had been called; they were unimportant. The defendant had willingly taken the shares in question, but it was under a special agreement; but the point involved would be one entirely of law, whether the defendant was legally the proprietor of the shares, and he (the learned Attorney General) thought it would be more prudent at once to put it in such a manner that the opinion of the court might be obtained.
Sir. F. Tresiger said it might be put in any mode his Lordship decided proper.
His Lordship, on the termination of some discussion, found for the full amount, GBP 10,034 and interest, be entered for the plaintiff, subject to a special ......
9 MARCH 1849, Friday
LOCAL INTELLIGENCE
THE TEMPERANCE CAUSE - [slight abbreviated]
REV. W. WIGHT, M.A. of Corpus Christi College, Cambridge, is now in this county on a mission to explain and raise funds for a "Model Parish," (that is, one on the teetotal principle.) At Liskeard and Bodmin, his audiences were respectable; the Rev. J. WALLIS took the chair at the last named place.
[Another article, covering about half a column, covered his speech at Bodmin; he envisioned a community in which working men could purchase a freehold cottage with the money which they formerly spent on intoxicating liquors. There would be no need of police, or courts; a system of regular scripture reading would be established, so that the Bible might be read through the year, and the difficulties be resolved by their ministers. They would establish a library, "excluding works of fiction which were as injurious to the mind as alcoholic drinks were to the body."
It was also intended "to establish a small collegiate institution for the education of youth, where the masters, professors, and their families should be abstainers from alcoholic drinks. There would be no occasion for a pauperhouse or lock-up, for doctors and drugs." Other parishes would wish to obtain the same advantages, and be led to adopt the same simple means to secure them. He wanted to obtain GBP 5,000 to establish such a "model parish"; they had already gained half that amount, and he thought it would soon be possible for them to commence the experiment. He thought it was the duty of every man to help forward such a work.] At the close of the lecture a collection was made towards the expense of the model parish.
[There was also a very large Peace meeting at Liskeard; no local names were mentioned.]
TRURO INSTITUTION - On Friday evening last, the REV. J. ROBERTS, Independent Minister, gave a lecture at the Assembly-Room on "Memory." There was a very large and respectable audience, and the lecture was listened to with much interest. [...] Instances were given of extraordinary memory, and one or two cases of remarkable deficiency, as well as examples, graphically described, of the power of association in recalling scenes and past events.
Among other instances of good memory, Mr. Roberts stated his having heard that a college friend of Mr. ADAMS, the eminent Cornish mathematician, came down with him to his father's house in this county last year, and that Mr. Adams, to show the strength of his mother's memory, asked her if she recollected how many pounds of butter she had sold last year, to which she readily replied affirmatively and said she could answer the same as to the eggs she carried to market week by week, the persons to whom they were sold, and the prices paid for them, though Mr. R. understood that neither herself or her husband could read or write. It had been remarked, said Mr. Roberts, that men of great intellect have usually had strong-minded mothers.
- A few observations were made on the lecture by the president and MR. BOND, who proposed a vote of thanks to Mr. Roberts, which was seconded by Mr. Stokes. On Tuesday evening last, MR. DAVIS lectured at the Assembly Room on the actions of the heavenly bodies, being the fourth of a course of lectures on Astronomy. [the article continued with descriptions of up-coming lectures.]
LOOE MECHANICS' INSTITUTE - On Thursday last, MR. TREGELLAS delivered to a respectable and numerous audience, a very humourous lecture at this institution, on "Peculiarities of Dialect, Mannerisms, &c., in Cornwall." The lecture occupied two hours and a quarter, and during the whole time the audience was kept in a roar of laughter. At the close a unanimous vote of thanks was returned, and the acclamations were long and loud.
FALMOUTH ATHENAEUM - On the 1st instant, Mr. JENNINGS delivered a lecture on the Poetry of Kirke White. Many selections from the young author's works were read by the lecturer, whose able remarks were heartily responded to. On the Thursday previously Mr. PASSMORE delivered an interesting lecture on Chemistry, in which he introduced several experiments in illustration of the subject. The next lecture will be on the Life and Voyages of Sir Francis Drake, by Captain HEAD, R.N.
HELSTON AMATEUR THEATRICALS - The gentlemen amateurs made their final appearance for the season, at the Assembly Room, on Friday evening last, the entertainment being for the benefit of MR. JAMES and his family; the spacious Assembly Room was again well filled with the principal inhabitants of the town and neighbourhood. The pieces selected were "The Review," or the Wags of Windsor, after which "Box and Cox," a romance of real life, by particular desire was again acted, the principal characters being sustained in a highly creditable manner. The performances concluded with the laughable comic farce of "The Irish Tutor, or new lights"; the principal characters, Doctor O'Toole, and Mr. Titwell, were well portrayed. The performances elicited the most lively expressions of satisfaction and the company separated much delighted with the treat they had received.
WADEBRIDGE FAIR - The supply of cattle of all descriptions, especially fat bullocks and sheep, was very large, but the demand was exceedingly limited, and altogether a duller fair has not been held here for years. For the cattle that were sold, the sellers were obligated to submit to a considerable reduction in prices. Good fat beef might be purchased at from 42s. to 45s. per cwt., and sheep rather less than 5d. per lb. For wool there was a tolerable demand, but in consequence of the woolstaplers refusing to advance above 6d. per lb., and the farmer conceiving that it was worth more, and that a higher price would soon be given, very little business was done.
LAUNCESTON FAIR - The fair held here on Thursday last, was tolerably well supplied with cattle, but sales were dull.
CAMBORNE MARCH FAIR - At this fair on Wednesday last, there was an average supply of fat and store cattle, the average price of the former being about 45s. at which a few sales were effected; store cattle was very little in demand.
THE POTATOE DISEASE - This disease has attacked the potatoe plant this season at Scilly. It appeared in the first week of February; it has not yet became general but has shown itself on some of the earliest plants. The late northerly gales very much blighted some plants which were not sheltered.
EXTRAORDINARY EWE - A ewe, the property of MR. SAMUEL WILLIAMS, at Stray, in the parish of Lanlivery, on Friday last, brought forth four fine lambs, making in all thirteen in four years, she having had three, each of the three preceding years.
MONEY ORDERS - On the 1st instant, offices for the issue of money orders were opened at St. Ives, Padstow, and Stratton.
THE SHIPPING INTEREST OF SCILLY - On the 31st of December last, there belonged to the port of Scilly fifty-nine vessels registering 5,569 tons, and there are now building one ship of 420 tons register, one barque of 344 tons, and three schooners of the respective registers of 240, 220, and 140 tons, making a total of sixty-four vessels registering 6,933 tons. Almost all these vessels are of the first class, and are engaged in the China, East and West India, Mauritius, South America, and Mediterranean trades. The value of the vessels already built is about GBP 70,000, and these in course of building will cost, when ready for sea, about GBP 21,000 more, making the value of the shipping property belonging to these islands nearly GBP 100,000 sterling.
WRECK ON THE WELSH COAST - On Wednesday, the 28th ult., the schooner "Fame," WILLIAM CLAY, master, laden with Indian corn, and bound from Liverpool to Youghal, in Ireland, ran down the "Rob Roy," brigantine. The disaster occurred off Point Elian, near Amlwch, in Anglesey. The latter vessel was laden with china clay from this county, and her master's name was RICHARD KEMP.
The crew of the "Fame," imagining their vessel to be seriously damaged and sinking, got on board the "Rob Roy"; but after being received on board it was found that the "Rob Roy" was actually sinking, and the two crews were obliged to take to their boats and make for the shore, which happily they reached in safety. They landed at Amlwch. The "Rob Roy" went down; but the "Fame" was taken in tow, having floated, by the "Windermere" steamer, and brought into Amlwch on Sunday night.
DISASTER AT SEA - On the evening of Friday, the 2nd inst., arrived in Falmouth harbour a French brig, having on board Capt. WRIGHT and eight seamen, part of the crew of the late brig "Elizabeth and Ann," of South Shields. The "Elizabeth and Ann" had on board a cargo of wheat and beans, from Alexandria, bound to Southampton. Capt. Wright reports that they experienced very rough weather while crossing the Bay of Biscay, and that on the morning of Saturday, the 14th ult., he discovered that the vessel had sprung a leak. The pumps were set to work, which after some time choked. The vessel began to sink. The weather still very rough, and the sea making a complete breach over the ill-fated ship and crew. On Wednesday two of the men were washed overboard and drowned. During this day, an attempt was made to launch one of the boats, which was soon dashed to pieces.
At length, it was resolved that all hands should go into the long boat and there wait, until some wished for wave might break over the side of the vessel, and lift the boat with its half exhausted living cargo from the sinking ship, and trust to Providence for the future. Previous to going into the boat, the rails, bulwarks, and stauncheons, at midships, were cut away, to give free passage to the boat off the deck. At about eight o'clock on Thursday morning, the long wished for wave arrived, and carried the boat clear off the deck and free of the ship. An oar was used for a mast, and a blanket for a sail; and after being tossed about on the billows for eight hours, the boat was discovered by a French brig, who at once made sail, and in two hours succeeded in coming up to them and taking the captain and his eight men on board.
The French captain and his crew treated these poor Englishmen with the greatest possible kindness and attention, ministering to them everything their weak and exhausted state required; and although the French vessel was on her way to Alexandria, as soon as the shipwrecked men were on board and found to be English, he "bout ship," and directed his course to the first convenient English port, which was Falmouth, which he reached on Friday evening, about seven o'clock, after a run of about 250 miles.
STRATTON - At the monthly meeting of the magistrates on Thursday last, several cases were brought before them. The first was for the maintenance of a base child, the defendant having to pay the costs of the court and 2s.6d. per week for the support of the child. The relieving officer of the district was summoned for arrears not paid, of balance due to some of the parishes in the union; which case was adjourned to the next meeting to give the officer time to meet them. Several other cases followed, and then came on that of many individuals in this locality for having weights and measures in their possession not duly stamped, or deficient in weight. These cases were brought forward by Mr. SARGENT, inspector of weights and measures, and fines were levied in several cases of 50s., 40s., 20s., and 5s., with costs of 2s. attached in each case and the ... forfeited. A suggestion was mooted that a standard should be held at Stratton for the adjustment and re-adjustment of weights, &c.
DEPREDATIONS AT BUDOCK - About a fortnight since, several stiles were broken up and gates unhung between Roscarrock and Berreppa. A reward has been offered to any person who will give information of the offenders.
FOWL STEALING - Last week at Trebah, in Constantine, several fowls were stolen, the property of Mr. CHARLES FOX.
TRURO POLICE - On Monday last, MRS. F.R. PETHERICK was charged before the magistrates, with neglecting to have a nuisance removed from her premises within three days after receiving notice from the improvement Commissioners, whereby she had subjected herself to a penalty not exceeding 20s., nor less than 5s. for each day, after the expiration of the three days mentioned in the notice. On her undertaking that the nuisance should be remedied within a week, the case was adjourned until Monday next.
JOHN PLUMMER, a farmer of Kenwyn, was summoned for shooting a dog, belonging to MR. RICHARDS, surgeon. Defendant stated that the dog had on several occasions worried his sheep. The matter was compromised by defendant agreeing to pay the costs, 20s., to be given in bread, and to supply another dog to complainant.
On Tuesday last, THOMAS WERRY was committed for two months' hard labour, for maliciously breaking three panes of glass, the property of SAMUEL BAWDEN, jun., Boscawen-row.
On Wednesday last, GRACE STEPHENS was committed for trial at the assizes for keeping a house of ill-fame in Calenick-street.
CORONERS' INQUESTS - The following inquests have been held before MR. JOHN CARLYON: On Friday last, at Summercourt, on the body of JOSEPH TOMS?? aged 71 years. Deceased, who was in the enjoyment of good health, left his home in the morning between seven and eight o'clock, for the purpose of fetching some barms, and when near the Inn, he suddenly fell and expired. Verdict, "died by the Visitation of God."
On Monday, at Pentewan, in the parish of St. Austell, on the body of JOSEPH ROUTER, aged 70. Deceased was a shoemaker, and resided at St. Austell, but was in the habit of going to Pentewan to work, and generally contrived to ride there in one of the train waggons. On the morning of the day in which the inquest was held, he had got up to ride as usual, and on the arrival of the waggon in Pentewan he got off while the horses were going on, and just as he pitched his foot on a bank by the side of the road, he fell down, and the hind wheel of one of the waggons passed over the back part of his head, and killed him on the spot. There were two waggons attached together and drawn by one horse, and the weight of each with its contents, chains, stone, and clay, was about five tons. The horse was walking slowly at the time - not three miles an hour. Verdict, accidental death.
On Saturday last, an inquest was held before Mr. JOSEPH HANLEY, in the parish of Duloe on the body of THOMAS ROWE, a child about 2 years old. The father and mother lived in a house close by a mill leat, the mill being at a short distance below. On Friday afternoon, the child went out, and after being absent a few minutes, a search was made, but it could not be found. About this time, the miller, who was in his mill, which was working at the time, found that the wheel had been stopped, and on going out, he saw something between the launder and the wheel, and on taking it out, found it was a child, quite dead. There was no doubt but that the child must have accidentally fallen into the leat, and the jury returned a verdict accordingly.
An inquest was held by Mr. HICHENS, at Uny Lelant, on Monday last, the 5th inst., upon the body of WILLIAM STEVENS PEARCE, aged six months. [The child was put to bed about seven o'clock on Sunday evening, apparently quite well; she nursed him after she was in bed, and soon after they both fell asleep. The child was lying on her left arm; she had no recollection of the child being disturbed during the night. The next morning, she awoke and felt the baby; he was warm, but a little stiff. She told a young woman who slept with them that night she thought the baby was dead, and they got candle and they saw it was so. ] The parents being both persons of irreproachable character, and the mother a most fond and attentive parent, the jury felt no hesitation in saying the child died a natural of death, and they returned a verdict of "found dead, cause unknown".
On the 7th inst., at Camborne, on the body of THOMAS RICHARD HOCKEN, aged 5 years, who came to his death by being burnt. On the 6th, the mother of the child had occasion to fetch water from a well in the neighbourhood left her home with the deceased and two younger children therein, and during an absence of about ten minutes the deceased going to the fire-place caught his clothes on fire, and was so dreadfully burnt that he died on the same day. Verdict, accidentally burnt.
16 March 1849, Friday
LOCAL INTELLIGENCE
TRURO CHORAL SOCIETY - The first concert for the season was given on Tuesday evening last, at the Music Hall, when the attendance was respectable, and rather more numerous than usual. The selection consisted principally of chorusses and was a very good one; the chorus "Behold the Lamb" by Handel, we believe, had never before been sung by the choir; it was executed in good style, but being in a minor key, it did not appear to be appreciated so much as its merits, and the manner of its execution, deserved. The choresses, generally, were well performed, and the singing of the quartetts was creditable to those who engaged in them. The "Gloria in Excelsis," by Pergolesi seemed to be the chief favourite of the evening; but the "Sanctus," of Mozart, and the "Dona Nobia" were also encored. It was generally acknowledged that there was a marked improvement in the performances; the choir sang with much precision, and as a result of continued practice and good instruction, the different parts were brought out more distinctly than heretofore. This is truly a society which merits the effective encouragement of the public.
FALMOUTH - On Sunday last, the congregation of Penwerris chapel, Green Bank, Falmouth, were delighted with the performance on the opening of the organ, which has been thoroughly repaired by MR. ROBSON, of London. The instrument was alternately played by Messrs. COGGINS, MACKWORTH, and ROBSON, and the chanting and anthems were effectively sung by some of the ladies and gentlemen of the neighbourhood. The evening's performance was not quite so successful, owing to an accident to the new bellows during the anthem, which entirely stopped the accompaniment. The choir however finished the anthem in a very artistic manner, unaided by the accompaniment. Much praise is due to Capt. TRUSCOTT, R.N., a distinguished amateur, who conducted the vocal parts of the service.
BUDE - The payment of money orders at the Stratton post office, which has recently been directed by the Post Master General, will be a source of much convenience to the numerous visitors at Bude, who resort to that fashionable watering place during the summer months. As a seaport also, it will be a great accommodation to the trade of the place, and will be likewise received with much satisfaction by the inhabitants of Stratton and its vicinity.
CALLINGTON FAIR - At this fair, held on Thursday the 8th instant, there was an average supply of cattle. Fat bullocks met a very dull sale, at 42s. to 46s. per cwt. Store bullocks were more in request, and sold at fro 25s. to 30s. per cwt. Fat sheep went off slowly at from 4 1/2 d. to 5d. per lb.
LANREATH FAIR - At this fair on Tuesday last, there was a good supply of fat cattle and sheep, but sales were heavy in consequence of too high prices being demanded; there was however a large amount of business done. Best beef fetched from 44s. to 48s. per cwt. Fat sheep 5d. to 5 1/2 d. per lb.
PORT OF FALMOUTH - The Dutch steam frigate "Merapie," CAPTAIN TULLEKEN, which put into this port on Wednesday evening for fuel and repairs, on her voyage homeward from Batavia, sustained considerable damage in the severe gale on the 28th ultimo, which she encountered off the Western Islands, when she lost her mainmast, injured the rudder, and was otherwise crippled, which will oblige her to refit before sailing for Holland. This fine vessel took in her supply of coal at Falmouth on her outward v) and sailed in July, 1844; she has consequently been nearly five years on a foreign station, and was actively employed in the unfortunate expedition against Balli last summer.
Her present commander was the gallant officer who when in command of the "Vesuvius" steamer at Falmouth, in January, 1845, most effectually assisted with his crew and engines to extinguish the fire at the Market Strand, on the 7th of that month, and received the thanks of the Mayor and Council for his prompt and valuable services.
HOUSEBREAKING - On Friday last, a dwelling-house in the village of Fenternaddle, in the parish of Michaelstow, belonging to MRS. ROBINSON, but lately unoccupied, was found to have been broken open. The whole premises were ransacked; most of the locks were broken, various articles of clothing and bedding, with some silver spoons, were carried off, and some papers were burnt by the intruders.
On Monday night, the Town Mills at Camelford, occupied by MR. THOMAS SOLOMON, were broken into, and the till was broken to pieces; the contents carried off are supposed to have been about GBP 2. Nothing else was disturbed. There is no clue to the robbers in either of these cases.
ACCIDENT - On Monday morning as a man called EVA was driving a one-horse carriage at Penzance, it came in contact with a cart and broke the pole. This frightened the horse, which started off and ran over the promenade with the man, leaving the carriage (which must have struck against the iron rails) behind shivered to pieces. Horse and driver went over on the sands, the man sustaining an injury of the head and fracturing one of his legs. The horse belonged to MR. WILLIAM MATHEWS, and the carriage to MR. POLLARD.
MYSTERIOUS DISAPPEARANCE - An old pensioner called JOHN BEVAN, a native of Helston, left his home on the 26th ultimo, and has not since been heard of. Bevan is about 75 years of age, a little marked with the small-pox, is very deaf, has lost all his teeth, and is about five feet six inches high. He wore away an oil-case hat, straight dark coat, and blue plaid trowsers. He had no money in his pocket, and, what is very singular, he has left his pension-ticket behind him. He was last seen in Croskin Croft, about a mile and a half from Helston. The disconsolate friends would be glad to have any information respecting him.
TRURO HUMANE INSTITUTION - The following donations have been paid to this institution: Mr. ENNIS VIVIAN, M. P., GBP 3 2s.; the Mayor of Truro, (money left in his hands by compromise the wrenching of knockers), GBP 2 6s. 6d.
CORONER'S INQUESTS - The following inquest has been held before Mr. CARLYON, coroner: On Monday last, at Trewithian, in the parish of Gerrans, on the body of THOMAS BALL, carpenter, aged fifty-six. Deceased had been remarkably healthy, from his childhood; and a short time since he was observing to a friend that he had never taken a dose of even the most simple medicine in his life. On Saturday last, he went to bed between nine and ten o'clock, apparently in good health; but about a quarter past twelve his wife heard a little gurgling in his throat, and called to her son who was sleeping in an adjoining room, and who came in immediately. He found his father ill, and he died in about a minute afterwards. From the evidence of MR. PRYNN, surgeon, it appeared that death was caused by congestion of the brain or apoplexy; and a verdict was returned to that effect.
The following inquest has been held before MR. ROSKRUGE, the coroner for Helston: On Saturday last on the body of THOMAS SYMONS, a journeyman watchmaker, residing in the house of MR. BERINGER, watchmaker, of that town. It appeared from the evidence of several witnesses, that the deceased had been for some months in a weak state of health, suffering frequently from difficulty of breathing and palpitation of the heart, and on the night preceding his death he had taken his supper and retired to bed as usual. About midnight MRS. BERINGER was disturbed by a noise proceeding from his bed-room, and on entering she found him apparently very ill. A surgeon was immediately sent for, but soon after his arrival he expired from internal haemorrhage, resulting from the rupture of a blood-vessel, and a verdict was given accordingly.
LEGAL INTELLIGENCE
EXETER DISTRICT COURT OF BANKRUPTCY (Before Mr. Commissioner BERE)
Tuesday, March 6
Exparte THE GUNDRY'S BANKRUPTCY - This case affords a terrible, but not altogether ....[example] of the fearful litigation and ruinous expenditures which is sometimes incurred in winding up complicated estates in bankruptcy. THOMAS and JOHN GUNDRY were brothers connected with Wheal Vor mine, in this county; they were at one time opulent men, but becoming embarrassed, so far back as 1818, a docket was struck against them, and their estate has been ever since affording a rich harvest to the lawyers, but ending in the utter ruin of the unfortunate bankrupts.
They have both long since gone to their account, but to day Mr. STOGDON produced a paper, dated in May last, a consent of creditors to the amount of GBP 4,000 or GBP 5,000, out of a total of GBP 20,000, but containing the signatures of all who could be got at, asking the Court to direct the payment of GBP 300 out of the balance, in the hands of the official assignee, to the two surviving daughters of JOHN GUNDRY, which would be all that these young women could ever receive out of the wreck of this once magnificent property.
Mr. W. D. MOORE, who appeared for the assignee, observed that there were several legal difficulties against the Court ordering payment, which he enumerated, although he admitted that the case of the applicants was one of great hardship , and that they were in a state of great destitution , when, but for a most extraordinary combination of circumstances, they would have been in possession of thousands of pounds. From his statement it appeared that there had been chancery suits by wholesale, references to the master, applications to the courts of review, trials at common law, and every conceivable method of bringing a flourishing property to perdition. His HONOR observed that he had no power to grant the application.
CORNWALL COUNTY COURTs
TRURO - At this court, held on Friday last, the following cases excited some interest. The first involved a charge of unfair proceedings in consequence of the plaintiff having voted for the Tory candidate at the late election at Truro. The other case concerned the right of a tenant to cut and top the trees on the tenement in his occupation.
DAVID MOORE v. WILLIAM CRADDOCK and BENJAMIN BAWDEN - Mr. HOCKIN appeared for the plaintiff, who lives at Trennick-street near Truro, in a house which had belonged to the late Mr. TURNER. Mr. STOKES appeared for the defendants. In opening the case, Mr. Hockin, on the part of the plaintiff, imputed to the defendants malicious motives, originating in the last election at Truro, one of the defendants being an election agent, and the plaintiff having voted for the other side. He should prove vindictive expressions on the part of MR. CRADOCK, but he would not impute to SIR CHARLES LEMON, or to his steward, MR. WHITFORD, such motives, though Mr. Cradock declared he had acted by Mr. WHITFORD's authority. Then if Mr. Whitford was not the party, Cradock must have acted at the instigation of some other person. He had no doubt there was a party behind the scenes, and if plaintiff could fix on him, he would be ready to give up the action against the defendants.
Since the election, an inventory had been taken of plaintiff's goods, and they were placarded for sale under a distress for rent. Plaintiff had to complain of the injury done to his credit by this proceeding, besides which his wife was an invalid at the time, and her health had been greatly affected by the course taken; plaintiff also lost a lodger by these means. No doubt plaintiff was indebted for rent, and had to pay it to Mr. Turner's mortgagee; but had defendants acted legally, or had they authority to distrain from any person who had the right? He trusted that if the case were made out, his Honor would give damages to ..... extent, viz., GBP 30.
Mr. Hockin then called MRS. MARY ANN SOBEY, daughter of plaintiff, who deposed that on Thursday, the 25th of January, both defendants came to her father's house, and Cradock said he had come to take the things for rent. Witness said, "I know very well what this is done for, this is through the election." Cradock said, "you must not blame me, I am authorized by MR. Whitford to seize the goods."
They took an inventory of the goods, and Bawden afterwards put the inventory on the table before witness's mother, but she did not read it because Cradock took it up, and gave it to TREBILCOCK, the bailiff, telling him he was not to give it up to king or queen. (Laughter) He refused to show it to witness's mother. Trebilcock remained in possession until Saturday morning, and slept in the parlour, the room occupied by the lodger, who had since left the house saying she was afraid her things would be taken. Witness's mother was much better than she had been, but this threw her back again.
Cross-examined: her father still lives in the house. Trebilcock left the premises on the following Saturday; they all very civil; when her father came home he said they had acted illegally in not giving an inventory, and he went to Hodge and Hockin about it; COBELDICK came in Trebilcock's place, and remained in the house till the following Tuesday, when Cradock came and made out to be disguised in liquor, but she believed he knew what he was doing. Mr. Hockin's clerk came with a notice on the Tuesday, and they withdrew and left the goods. Cradock afterwards demanded the rent in Sir Charles Lemon's name, GBP 11 5s. for a year and a half-quarter. The lodger left a fortnight after they had withdrawn from the premises.
BENJAMIN TREBILCOCK said he gave both inventories to Mr. Cradock on the Saturday; Cradock said he wanted to give him a change of air, and he then put him in possession at another place. On the Monday morning, Cradock gave one of the inventories to Cobeldick, and put the other in the window at plaintiff's house, between two flower-pots, saying "I suppose they will find it there."
DAVID MOORE, the plaintiff, said that on Monday morning, after Cradock was gone, Cobeldick looked in between the flower-pots and saw a paper there. He took it out and said "Hallo, what's this, it is an inventory." Witness said he opened the shutters and moved the flower-pots in the morning, and it was not there then. His wife was getting better before this, but had been obliged to keep her bed since.
Cross-examined: She had been ill for this twelve months and has not been out of doors, but she was getting better before this time. He was willing to pay his rent if he knew the right person to receive it. He received notice to pay it to Sir Charles Lemon; he attended at Pearce's Hotel and promised to do so, but had found out since that there was a question about the landlord. Re-examined: He had been served with a notice by Messrs. SMITH and ROBERTS on behalf of Mr. MASON, and he had since heard that another mortgage had come in.
JOHN BURLEY said he posted the bill [From here on, the page was badly folded, leaving a portion unclear]
For the sale by .. of .... MATTHEW COURTENAY, grocer said he nev. . ..ld Mrs. Sobey that Cradock had said it was the w... ay's work Moore ever did to vote as he did; he neve. ..ard Cradock or Bawden say so. JOHN WILTON depo... that Trebilcock refused to give plaintiff the invent... on the Friday after the distress was put in, and at.. Cradock told him not to give it to any one.
....THEW TREMAYNE, clerk to Messrs . Hodge and Hock.. said he went to Moore's house on Tuesday the 30th .. January, for the purpose of forbidding the sale; ..fendants were there and about a score persons b....s. He asked Cradock by whose authority he had ....ed the distress? Cradock said, by authority of ... Charles Lemon, as mortgagee in possession. He ... Cradock that Moore was not Sir Charles's tenant;..... Sir Charles had no right to levy, that the distress ... been illegally conducted, and that they should .... actions against him, against Sir Charles, and a ... the persons concerned. Cradock said at first, he .. old sell, in about twenty minutes, he asked Moore ... he had any proposition to make and afterwards ... all went away without selling. Caradock appear ... to be tipsy at the time.
MR. WHITFORD deposed ... he had acted for many years as agent for Sir C....es Lemon; he did not give these parties authori...... to distrain on Mr. Moore. Cross-examined: H. ..ployed Cradock to collect the rent of premises w.... were due to Sir Charles Lemon on premises mort.....d by Mr. Turner. He had received a number of re.... previous to this time. Moore came to witness at Pea..s Hotel, on the 5th of January, and promised to pa ... rent in a week or ten days, saying he expected ... money from London. Witness said he did not wish .... ress him, but as soon as he could get the money, h . should be glad to have it.
After this Cradock said .... witness he was fearful he should be obliged to dis... some of the tenants. Witness said "I fear you will" and that was all he ever said respecting distraints. There was no dispute as to this property; Sir Charles ....on was the first mortgagee, and Mr. Mason's note.. to the tenants had been withdrawn. He did not know for whom Moore had voted at the election. Re-Examined: He asked Moore's wife whether he would vote for Mr. ...yams; Moore was not then at home, and he ne... ..nvassed him afterwards.
Mr. Stokes then addressed the court for the defence, asking where was the proof of vindictive proceedings by some persons in the ... punish the man Moore because he had voted... it was very easy to impute disgraceful ... wicked proceedings, but he thought there shou... also be some ability to prove the imputation. He .. ounced the conduct imputed, and even more strong.. the imputation of motives which did not exist. If .. dock had levied without express authority he had do.. that which was illegal, and it became a question of damages, in regard to which he observed that the ... had behaved civilly at the house, and given as .. trouble as possible.
The JUDGE considered the ..xpression made use of by Mr. Whitford to Cradock .. .. authority for the distress. Plaintiff had failed in ..l.wing that the distress was put in on account of election proceedings. Still persons who take on themselves to carry out the law must be careful to have proper au....ity. It was very unpleasant for the plaintiff to ha.. a bailiff placed in his parlour, and to have announce..ents throughout the town tending to his damage ... discredit. He should not, however, give the full amount of damages claimed, but thought justice w..ld be satisfied by giving judgment for the plaintiff, ... GBP 10 damages.
GILBERT v. SAMPSON - Mr. Hockin and Mr. GIDDY for the plaintiff; Mr. STOKES (for Mr. Shilson)for the defendant. The plaintiff was Mr. JOHN DAVIES GILBERT, Trelissick, and the defendant was MR. BENJAMIN SAMPSON residing at Loe cottage, in Feock. Plaintiff is the owner of the cottage occupied by defendant as a yearly tenant, with four or five acres of land attached; and the action was brought in consequence of damage occasioned to the property by defendant having cut and lopped a large number of trees.
Mr. Hockin stated that Mr. Gilbert had brought the action with very great reluctance; he had been willing to accept an acknowledgement from defendant that he had acted improperly, and would desist, but after having been written to by Mr. GIDDY (who acts for Mr. Gilbert) on the subject, defendant says in a letter to Mr. Gilbert, "I am sorry you should have been misinformed respecting the repairing of the hedges on Loe. I can assure you I have done nothing to injure your property, and I should feel very vexed at annoying you. I gave Mr. DANIELL remuneration on his quitting Feock, for the loppings of trees and the repairing of hedges at Loe, and should you dislike my cutting them, on your remitting me GBP 20, the amount I gave Mr. Daniell, I will desist."
Mr. Hockin said this was rather too much to be complied with; the plaintiff might have asked for large damages for the injury caused to this ornamental property, but as his object was not to get money, but merely to show that defendant had been doing wrong, he only asked for GBP 5 damages.
Mr. Stokes took an objection to the jurisdiction of the Court, but this was overruled by the Judge.
Mr. Hockin next called FRANCIS RICHARDS, plaintiff's forester, who stated that on the 13th of November, he saw forty or fifty branches of elm trees which had been cut off. The trees were growing on the hedge of a field, by the side of a path leading to the church, and some of them were from forty to sixty years' old. He measured one of the branches, and found it to be two feet five inches in circumference. Defendant was there, and said if he had done anything wrong he was sorry for it, and was willing to make any remuneration; he wished to have his right and no more; he said he had cut them for firewood Afterwards, about twenty or thirty branches more were cut off, not quite as large as the others, but from four to twelve or sixteen inches in circumference.
There was an avenue leading to Loe cottage (a carriage road), and the ash pollards on one side had been lopped,. Some of them were from forty to fifty years' growth in the bottom part, and the tops had been cut completely off. Witness afterwards saw a quantity of the poles lying in Mr. Sampson's yard, where a shed and its roofing were partly formed of the timber. The damage arose from some of the branches having been cut improperly, so as to decay the trees, and from others having been cut which ought not to have been cut at all. Looking at these trees as an ornament to the property, he estimated the damage at GBP 40. He told Mr. Sampson that no doubt if he wanted to take a tree down Mr. Gilbert would have sent him (witness) to see about it.
Several witnesses were called in support of the above facts, in addition to which it was shown that some loppings and ...
Mr. JOHN TIPPET stated that he never had heard of tenants cutting or lopping timber without asking the landlord's steward, and that the elms on the hedge did not affect the field because there was a pathway between.
Mr. Stokes cross-examined plaintiff's witnesses, and also called witnesses for the defence. The facts deposed to were that the elms and the ash pollards had been cut before; that the branches of the elms were injurious as overhanging and preventing growth on the land; that the lopping of the pollards lightened the avenue, and that previously it was difficult to pass underneath them in a carriage or on horseback; that the cutting was not unusually great, the trees were previous unsound, and the property was not much damaged; that trees were often cut as these had bee, (though some of the witnesses admitted that the work was not well done) and that it was the custom of tenants in the parish, and neighbourhood, to cut and lop trees with asking permission of their landlords.
Mr. Stokes addressed the court, submitting that the cutting was not excessive, and though Mr. Sampson had sold a few faggots from the place, they contained nothing like timber, and the rest of the cuttings were used on the premises. [He said it was even more important that Mr. Sampson had acted properly, and expressed good-will and regard towards Mr. Gilbert, and quoted another letter. Mr. Hockin then replied, contending that defendant had not made out the custom, and the law was prima facie against him. The whole of the timber trees on the property belonged to the landlord.]
The JUDGE said it seemed a pity that the case should be brought before the court after the letters that had passed; it was, however, with the view of trying the question of right. [..] A tenant did not have the right to lop trees with the consent of the landlord, and even if they overhung land and are injurious that consent was needed. In this case, the weight of evidence was that the lopping and cutting had been done in a slovenly way, and he thought that GBP 5 was not too large a compensation. Judgement for plaintiff for GBP 5.
HELSTON - At this court, on Monday last, twenty cases were entered for trial, two of which were jury cases. The trial of HAWKINS v. CARTER excited considerable interest, and occupied the court for nearly five hours. The plaintiff claimed GBP 9 for the rent of premises at Ruan, after the expiration of the tenant's lease, who refused to give up possession. The jury, after a very patient hearing, awarded GBP 5 to the plaintiff.
PENZANCE - At this Court, on Tuesday last, about fifty cases were entered for trial, none of which were of public importance.
23 March 1849, Friday
LOCAL INTELLIGENCE
ST. ANTHONY IN ROSELAND - On Saturday the 17th instant, the ceremony of laying the foundation stone of the new chancel of the Church of St. Anthony in Roseland, took place in the presence of SIR S. T. SPRY, the high sheriff of the county, who is the patron of the benefice; accompanied by the REV. C. W. CARLYON and others interested in the proceedings of the day. The stone was laid by MISS CARLYON, of Tregrehan. The series of coins of the present reign were deposited in a cavity in the corner stone. The builder having prepared the mortar, it was spread over the stone by Miss Carlyon, with a handsome silver trowel presented to her by her uncle, Sir Samuel Spry. And the stone having been lowered into its place, the ceremony was concluded in the usual manner.
All present then congratulated Sir Samuel on his auspicious commencement of a work destined to effect the restoration of a sacred edifice of such interesting antiquity to its original much admired character. The church is cruciform in plan. The tower which formerly stood at the junction of the nave, transepts and chancel, fell down rather more than a century ago, and in its fall destroyed the chancel, from which time a saying has prevailed in the parish:
"St. Anthony Church, in the shape of a T,
The parson doth preach in the belfry."
EVANGELICAL ALLIANCE - An interesting meeting of this branch of the alliance took place on Friday evening last, at the Music Hall, Truro, the REV. J. ROBERTS in the chair. The chairman addressed the assembly, and read two letters from Rome, detailing the progress of vital Christianity in that city. The meeting was also addressed by Mr. BOND, MR. J. C. EDWARDS, and MR. PRIOR, reference being made in the course of the proceedings to the case of the REV. JAMES SHORE and his imprisonment by the Bishop of Exeter. It was announced that at the next monthly meeting of the subdivision, Mr. GEORGE SMITH , of Camborne, was expected to lecture on the present state of Christianity in Europe.
NEW CHURCH AT HERODSFOOT - Fifty pounds have been received by the REV. ROBERT SCOTT towards the expense of building this new church, in the parish of Duloe.
ST. AGNES - On Wednesday week, an engine was successfully put to work at Wheal Ocean Mine, romantically situated, and forming a pleasing and pretty object on Trevellas Point, in Trevaunance Porth, the engineer being Mr. THOMAS JAMES of St. Agnes. After witnessing the successful moving of another engine in the parish, a large party of gentlemen adjourned to the account-house, to discuss an excellent dinner under the presidency of Captain GRIPE, the manager. Numerous toasts were drunk, but more especially "success to Wheal Ocean," and considering the late extreme depression of the mining interests in this locality, cheerfully and heartily was it given and received.
It is really encouraging, and a matter of congratulation to all engaged in business, as well as the labourers, that the spirit of speculation is again returning to this ancient tin locality, where immense riches have accrued to adventurers, and may still be gained under proper and systematic management. ... Several setts are now being taken up, and it is hoped that they will push on, work, and prosper. Polberion Consols steadily improves, monthly increasing their samplings (a true index of improvement in mines) and employing a great number of people at surface and underground. On the whole, therefore, appearances are much more favourable in St. Agnes, tending towards an improved and better state of things than in the preceding two years.
THE PLANET NEPTUNE - In the course of an interesting lecture "On the Discovery of New Planets," delivered at the Assembly-room, Truro, on Tuesday evening last, by Mr. DAVIS, the Secretary of the Truro Institution, the lecturer read a communication which he had received from Mr. J.C. ADAMS, the eminent mathematician, and the first calculator of the position of the planet Neptune. As our readers are aware that Mr. Adams is a distinguished Cornishman, we feel sure that they will be gratified to read any statements that he has made on this subject.
Mr. Davis, having seen in the newspapers contradictory notices respecting the newly discovered planet, wrote to Mr. Adams in order to give correct information in his lecture, and received the following reply by return of post:
St. John's College, 14th March, 1849
SIR - I hasten to set your mind at ease about the planet. Neptune is not lost, nor likely to be so. On the contrary his orbit has been already determined with very considerable accuracy, as you will readily believe from the fact that Encke has already given, in the Berlin Almanac, an Ephemeris of Neptune from the present time to the end of 1851, calculated from my elements. [He then dealt with reports in the newspaper, saying they were not a good authority on matters of science, and said an American mathematician, Professor Peirce, stated that although Neptune, which was found exactly where theory had placed it, did not really cause the disturbances which had been observed in Uranus, and therefore had been discovered by a lucky chance.
Later study has shewn him that Neptune does perfectly account for the observed disturbances. A slight examination is sufficient to show that the objections brought forward are without any real weight. Professor Peirce's objections were reproduced, some time since, in the French Academy, when LE VERRIER made a very complete and satisfactory reply to them. The French papers, however, which were opposed to him in politics, insisted that he had allowed the objections to be well-founded. This statement is the reverse of the truth. He then adverted to observations that confirmed Neptune's existence. ] In the lecture Mr. Davis gave a clear and minute statement establishing Mr. Adams's claim to priority in the mathematical discovery of the planet, while, at the same time, he rendered full justice to the genius of Le Verrier, the French mathematician, who had made calculation independently of Mr. Adams, and arrived at results which led to the first visual discovery of the planet.
[Mr. Adam submitted his work to the Astronomer Royal in September 1845, while Le Verrier sent his to Dr. Galle, of Berlin, in June, 1846. Unfortunately, Dr. Galle made immediate use of the information, and visually confirmed the existence of the planet, while the Astronomer Royal took no action.]
In the letter to Mr. Davis, Mr. Adams also stated that he had read in the West Briton of the preceding week, a notice of a lecture on "Memory" delivered at the Truro Institution, in which the lecturer had related an anecdote respecting the extraordinary power of memory possessed by Mr. Adams' mother. This, Mr. Adams remarked, was incorrect, as was the statement that his father and mother could neither read nor write.
Mr. David observed that the anecdote alluded to was related by Mr. Roberts, the lecturer, as a matter of which he had been informed, and which he would not have stated publicly had he not been lead to believe it. He (Mr. Davis) however, knew also on the authority of a gentleman at present residing in Truro, who is well acquainted with Mr. Adams's family, that Mr. Adams's parents are not uneducated persons.
The lecture was of a very interesting character, and gave rise to a short discussion, after which a unanimous vote of thanks was passed to Mr. Davis, whose closing lecture of the series on astronomy will be given on Tuesday evening next.
CAMBRIDGE UNIVERSITY - MR. H. M. JEFFERY, of Stithians, the Sixth Wrangler, has now united to that distinction, classical honor; his standing is that of 10th in the second class, and he is the highest mathematician of the year who went into the classical examination.
THE ARMY - LORD ELIOT has succeeded to a lieutenancy in the first regiment of Life Guards, vacated by the Earl of Munster, he having been gazetted to a captaincy in the same regiment.
COAST GUARD - MR. WILLIAM KING HALL has been appointed inspecting commander of the Scilly district, in the room of MR. CHARLES STEEL, deceased.
FUNERAL OF LIEUT. HENNAH, LATE OF TREGONY - This respected officer of the Coast Guard Service, who expired at his station, Government House, Hastings, on Sunday week, after a protracted illness, was interred with military honors in the churchyard of All Saints, together with his infant child, who expired on Wednesday, both being placed in the same coffin. The circumstances attending the funeral excited great curiosity and excitement in the town, heightened by the amiable character and Christian worth of the deceased, who has left a wife and six children to lament the loss of the most affectionate relative.
At half-past twelve o'clock the procession formed in front of Government House, and proceeded to the churchyard. A body of the mounted guard on foot headed the procession, marching at a measured pace with their carbines removed; next came the musicians playing the Dead March, immediately followed by the coffin containing the Lieutenant and his infant child, surmounted by the union jack, and the uniform of the deceased, the pall being held by several officers. The drummers with their instruments muffled in crape, came next, followed by a large body of privates in the Coast Guard Service from the different stations in the district; another body of officers, including the commanding officer of the district bringing up the rear.
The shops in George-street and High-street were partially closed, and the number of spectators in the churchyard and on the East Hill presented a spectacle seldom witnessed in Hastings, not less than 8,000 persons being present. The bodies having been committed to their mother earth, the mounted guard fired three volleys over the grave, and the procession reformed and proceeded back through the town. Hastings News.
A SHIP ABANDONED - The barque "Isabella" of Dundee, Captain SMALL, bound from Alexandria to Falmouth for orders, and which arrived there on the 9th instant, reports when in latitude 44 9 N, and longitude 11 12 W, having fallen in with the barque "Lord Collingwood," of Newcastle, abandoned. The crew of the "Isabella" being short of provisions, boarded the wreck, and discovered that the foresail and close-reefed maintopsail were set, the latter being aback, and the barque's head to the westward. The longboat and jollyboat were both stove, the former out of the chocks. The bulwarks were also carried away on either side, and the pumps hoisted up about three feet.
The barque was lying in the troughs of the sea; and from a quantity of wheat being found on the cabin steps, it appeared as if the crew had been lightening her previous to their quitting, as is concluded and hoped must have been the case.
Capt. Small took from the barque a chronometer, barometer, quadrant, telescope, box of charts, a ship's bell, and a plaster-of-paris figure, together with some bread and beef. The two latter articles were consumed, and the former were delivered on arrival into the custody of Messrs. Broad and Sons, Falmouth, the receivers of droits. A package, at first supposed to be a mail-bag, was also found on board, and brought on shore for delivery to the authorities; but, on being opened by the collector, it was discovered, instead of letters, to contain garments stained with blood.
As a consular seal was, on closer inspection, observed to be attached to the bag, it is concluded that a prisoner, guilty of some criminal act, was passenger on board the vessel. This supposition is strengthened from the fact of instructions having been sent out to the civil authorities of Falmouth, in reference to such an expected arrival; and the "Lord Callingwood" is surmised to have been from the Mediterranean, bound to this port for orders.
PENZANCE COUNTY COURT - At this court, on Wednesday the 14th instant, MR. GURNEY, attorney-at-law, of Paul, insolvent, came up for his first examination, which was adjourned till the next court.
REDRUTH COUNTY COURT - At this court held on Thursday and Friday last, ninety-five cases were entered. The case of SKEWES v. FORD was an action for the recovery of GBP 3, claimed on the exchange of a horse. It was, however, contended that the animal was unsound, although it had been warranted sound, and a verdict was given for the defendant.
MARTIN V. The WAYWARDEN of STITHIANS and another was an action tried by jury for recovery of damages for an alleged excessive distress for highway rates. Verdict for defendants. STEPHEN NICHOLLS, of Redruth, innkeeper, an insolvent, received his final order of protection on condition of paying a certain sum to the official assignee.
TRURO POLICE - On Tuesday last, ELIZA LAWN, EMMA DUFF, and ELIZA ROGERS were committed for stealing a five-pound note from the person of a farmer, of Kenwyn. We need not enter into the particulars of the case, as it will be stated in our assize report.
COMMITTAL - MARIA TONKIN was committed on Friday last by the REV. C. V. LeGRICE, for trial at the assizes, for stealing timber from Pendeen mine, the property of Mr. S. BORLASE.
HAYLE - Several burglaries have been lately committed in this neighbourhood. Last week about 2 cwt. of lead were stolen from the premises of MR. CARBINES, plumber & c., and a sum of money from the shop of Messrs. Harvey and Co., at the foundry. No clue has been obtained to the discovery of the offenders.
ACCIDENT - On Friday last, as JANE WALLIS, a poor woman living at Newlyn, was resting with two pails of water on Newlyn hill, a waggon was approaching her child which was playing in the road. In rescuing the child from danger, the mother was knocked down by the shafts of the waggon, and the wheels passing over her leg, broke it in two places. She lied in dangerous straits. [as written]
TWO MEN DROWNED - On Monday evening last, a boat containing about fifteen or sixteen miners, who were returning from their work, was upset whilst crossing the river Tamar from Wheal Maria to Latchley, and two of them, named PASCOE and POLKINHORNE, were drowned.
CORONERS' INQUESTS - The following inquests have been held before Mr. CARLYON, coroner: On Saturday last, on the body of THOMAS TRUSCOTT, blockmaker, aged 55, who died suddenly in bed on the morning of that day. It appeared by the evidence of Mrs. Truscott that her husband was in good health when he retired to rest, that he awoke about four o'clock, and was immediately seized with a violent fit of vomiting, and in a few minutes expired. Mr. DONNALL, surgeon, showed that the cause of death was the rupture of a blood vessel, and a verdict was returned accordingly.
On Monday last, a long inquiry was held by Mr. Carlyon and a jury of fifteen, on the body of a newly-born female child, which had been disinterred by order of the coroner, he having felt it his duty to take that step, in consequence of a representation which had been made to him that the body had been buried at Kea under suspicious circumstances.
It appeared from the evidence that the mother of the child is called SUSAN MILLER, and that she lived in service at Falmouth, but left her place and went to her sister's house in Perranzabuloe, where she had the child. The sister's name is MARY HOLMAN, and a fortnight ago last Saturday she brought the body of the child to the house of SAMPSON DEEBLE, a miner living at Hugus, in the parish of Kea. Deeble and his wife were absent when she came there, but on their return, on being asked, she said her sister was tolerably well, but after Deeble and the greater part of the children were gone to bed, she told Mrs. Deeble that her sister had had a child, that it was dead, and she had brought it to be buried in Kea, because the father of it belonged there, and nobody knew anything about it in Perran. She showed Mrs. Deeble the body of the child lying in another room, and on the following Monday she again came with a box and put the child in it, saying she had spoken with the sexton and he had promised to come and fetch it the same evening, which he did. The sexton, it appeared, was told by a woman that there was a dead-born child at Sampson Deeble's and was requested to call for it, which he did under the impression that it was Mrs. Deeble's child. The sexton asked no questions about it, and his son buried the child, it not being usual to say anything about burying still-born children to the clergymen in the parish.
Mr. MOYLE, surgeon for Chacewater, examined the body of the child after its disinterment, and gave evidence of injuries to the body, but he said the child had never respired, and the injuries were most probably inflicted in delivery and before the child was fully born. Violence must have been applied over the mouth and whilst the blood was in a state of circulation, but whether by accident or design he could not say. Had ordinary care been used at the time of birth, he was of opinion that the child could have lived, but from the state of the lungs he was prepared to say that the whole body was not brought alive into the world. Here the inquiry terminated, the coroner having told the jury that he had no longer any jurisdiction in the matter after proof had been given that the child was not born alive.
The following inquests have been held before Mr. HICHENS, coroner: On the 15th instant, in the parish of Gulval, on the body of JAMES QUICK, aged about 20 years. The deceased was a kibble filler at the forty-five fathoms level, in Ding Dong mine, in that parish, and whilst employed on the 14th instant, he received a blow to his head from a piece of timber falling through the shaft, which caused his immediate death. Verdict, "accidental death." The deceased lived from the 14th, when the accident happened, until the 18th instant.
On Monday last, in the parish of Phillack, on the body of WILLIAM READ, aged about four years, whose death was occasioned by his having been knocked down by a horse drawing a waggon of coals, and by the near wheels of the waggon afterwards passing over his body. The occurrence was seen by the toll-taker at the turnpike-gate at Hayle, and according to the evidence given by him at the inquest, it appeared that the child, who was standing or rather playing with a ball by the side of the road, made an attempt to cross close to the horse's head, and as if afraid to go on suddenly turned round to go back again, when the horse struck him with his near fore foot.
The driver declared at the time of the accident that he did not see the child, and the witness thought he might not have done so, as the child was near the horse at the time. He attributed no blame to the driver, who he said was sitting in front of the waggon with his reins in his hand, and the horse was going at about four miles an hour. Verdict, "accidental death." The deceased lived from the 14th, when the accident happened, until the 18th instant.
30 March 1849, Friday
IRISH NEWS
RIOT - Serious partisan riots occurred at Crossgar, a few miles from Downpatrick, on the 17th. The Riband Lodges of all the towns round Downpatrick marched in procession, to the number of about 8,000, decked with the distinctive colours and insignia of their order. To prevent collisions, a large force of Constabulary, the 13th Light Dragoons, and the 3rd Infantry, were posted at proper points, and succeeded throughout the day in stopping many affrays. In the evening, however, an affair, commenced by the attempts of a drunken Orangeman to despoil a processionist with his green sash, ripened into so general a conflict, that a policeman, a woman, and two rioters, were shot, before the combatants were dispersed. Mr. Anketell, the magistrate at Crossgar, and some other gentlemen, were badly wounded by stones. It is stated that the processionists were plentifully armed with guns, and the Orangemen generally unarmed; and that not one rioter has been arrested.
CHOLERA - The cholera continues to progress, and is very bad in Ennis, several respectable persons having died of it. In Belfast there were thirty-eight new cases on Thursday, and the total deaths from it in the Belfast Union were 305.
LOCAL INTELLIGENCE
HER MAJESTY'S LEVEE - Her Majesty held a levee at St. James's Palace on Thursday last, when the attendance was more than usually numerous. Among those present on the occasion we observe the names of LORD FALMOUTH, SIR CHARLES LEMON, SIR WILLIAM MOLESWORTH, MR. MOWATT, and MR. GLANVILLE GREGOR, of Trewarthenick, who was presented by the Earl of Falmouth.
WAR MEDAL - Lieutenant MOSS, R.N., a native of Falmouth, at present serving in the Coast Guard in Ireland, has been honoured with the war decoration and clasp for the defence of Anholt, on the 27th of March, 1811, and subsequent engagements with Danish flotillas, several of which were captured and destroyed. Lieut. MOSS was then serving as a mate of H.M. sloop-of-war "Sheldrake."
PENZANCE INSTITUTE - The concluding lecture of the session was delivered on Monday evening last, by MR. ROBINSON, the subject being "Australia." It being understood that the lecturer is about to proceed thither in a short time, the society, in passing a vote of thanks to him for his interesting lecture, at the same time wished him success and a hearty farewell.
CAMBORNE INSTITUTION - An interesting lecture on Astronomy was delivered by Mr. JAMES GASTICK, on Monday evening the 26th instant. It was listened to throughout with the greatest attention by a crowded audience. At the close a discussion took place, wherein the lecturer showed himself thoroughly master of the subject which he had brought before the meeting.
ST. BLAZEY - On Monday last, an excellent lecture was delivered here by MR. BOND, of Devonport, on the "Influence of knowledge on the happiness of mankind."
PROLIFIC SHEEP - MR. HUGH PHILLIPS, of Trever..yn, in the parish of Stythians, has a ewe which produced in 1847, three lambs; in 1848, four lambs; and in the present year it has also produced four lambs. It may also be stated that the dam of the same ewe bore twenty-one lambs in seven years.
UNFORTUNATE CIRCUMSTANCE - A smith, named JOHN SEYMOUR, belonging to St. Agnes, was some years ago sent under an engagement to one of the Brazilian mines, leaving at his native place his wife and two children. A few months since, having agreed with his employers for a further term of years, he wrote to his wife requesting her to come out to him. In accordance with his wish, she and her children sailed from Falmouth for the Brazils about five weeks ago, since which letters have been received at St. Agnes announcing the death of her husband, which took place suddenly on Christmas eve last, so that should she escape the perils of the voyage, the first intelligence which she will receive on her arrival will be the melancholy tidings of her husband's decease. It is, however, gratifying to learn that the workmen engaged in the same mine with poor Seymour, as an expression of their sympathy, have collected among themselves the sum of GBP 30, to be presented to the deceased's family, on their arrival, to assist them to return to England.
A FRENCH SCHOONER LOST IN MOUNT'S BAY - About ten o'clock in the forenoon of Friday last, the "Abbevilloise," of Abberville, a French schooner laden with flour and potatoes, from St. Malo Sur Somme, for Cardiff, struck upon a sunken rock off Caddon Point, in Mount's Bay, and was so severely damaged that soon after getting clear of the rock, she filled and fell over on her side. An English schooner attempted to take her in tow, but the water gained on her so rapidly that she soon afterwards went down. The crew managed to escape in their boat, having just had time to save the ship's papers and a few of their clothes. Mr. PEARCE, the French consul, kindly gave the poor fellows all the assistance in his power, but there is no hope, we understand, of the vessel or any part of the cargo being recovered.
ROBBERIES - On Sunday morning last, the house of MR. THOMAS SPEAR, near Lostwithiel, was entered while the family were at chapel, and a box in which Mr. Spear usually kept his cash, was broken open and its contents carried off; luckily Mrs. Spear had taken several pounds with her the day before to pay some rent , so that the depredators did not gain a very large sum. No clue has been obtained to the robbers. The shop window of Mr. JOHN HOCKIN, watchmaker, Camelford, was broken open on Tuesday night last, and several watch cases were stolen. Fortunately the watches had been taken upstairs the previous evening, or the loss would have been more serious.
DEATH BY BURNING - On the forenoon of Tuesday last, a child between six and seven years of age, the daughter of a labouring man of the name of PAULL, was burnt to death in Jenning's Lane, Penzance. It appears that the mother of the child had gone out for a few minutes, leaving her daughter along with three other children in the house. By some means or other the pinafore of the eldest child caught fire, and although the alarm was instantly given by the other children, by the time the mother had returned the poor little thing was so dreadfully burnt that she died in about two hours after the occurrence.
CORONERS' INQUESTS - The following inquests have lately been held by MR. GILBERT HAMLEY, Deputy Coroner for the Eastern Division: On Monday week, at Calstock, on the bodies of two men, named PASCOE and POLKINHORNE, miners at Lamberose Wheal Maria mine. It appeared that with thirteen other miners they got into a boat, which was kept for the purpose of conveying them across the Tamar; and they had proceeded in the boat only a few feet when she grounded and suddenly filled; on which the men became alarmed, and rising, were capsized into the river. Verdict, accidentally drowned.
On Wednesday, at St. Blazey, on the body of an elderly woman named BONE, who, the previous night, went to bed apparently in her usual good health; but in a few minutes afterwards, her daughter going into her room, found her in a dying state. She ran for a neighbour, who immediately came in, but only to witness the old woman's death, which took place immediately. Verdict, died by a visitation of God.
On Saturday last, at Calstock, on the body of THOMAS PROCTOR, who hung himself in an outhouse that morning. He got up about six o'clock, and was seen about seven by a lad who came to purchase timber of him. This was the last time he was seen alive. Some time afterwards, [his wife went to an outhouse and found him hanging there.] The rest was cut off, unfortunately.
QUARTER SESSIONS
CORNWALL SPRING ASSIZES
On Monday last, about four in the afternoon, MR. JUSTICE WILLIAMS, one
of the Judges on the Western Circuit, arrived at Bodmin, from Exeter,
having travelled by way of Plymouth. His lordship was met at the
entrance to the town by the High Sheriff of the county, SIR SAMUEL
THOMAS SPRY, the Under Sheriff, PETER GLUBB, Esq., and the County
Clerk, EMUND CARLYON, Esq., with an escort of javelin-men. The
learned Judge immediately proceeded to the Assize-Hall, and opened the
commission with the usual formalities, after which his lordship and
the officials attended Bodmin church, where a tolerably numerous
congregation assembled. Prayers were read by the REV. JOHN WALLIS,
vicar of Bodmin, the REV. A. R. TAYLOR read the lessons, and the REV.
CLEMENT WINSTANLEY CARLYON, of St. Just in Roseland, the Sheriff's
Chaplain, preached an impressive sermon from the 14th chapter of
Proverbs the 34th verse.
LORD CHIEF JUSTICE DENMAN arrived at Boconnoc, the seat of the Hon. G.
M. FORTESCUE, on Saturday last, about five o'clock in the afternoon,
from Exeter. His lordship, we understand, slept at Boconnoc in King
Charles the First's bed-chamber, which received its name through
having been formerly occupied by that king. The learned Judge
attended Broadoak church in the morning, and Boconnoc church in the
afternoon, where a sermon was preached by the REV. A. TATHAM. His
Lordship slept at Boconnoc on Sunday night, and on Monday morning
lunched at Lanhydrock, the seat of T. J. A. ROBARTES, Esq., M.P.; and
his lordship arrived at Bodmin on Monday afternoon about five o'clock.
The calendar is a very heavy one for this county, there being about
eighty prisoners for trial. Amongst these there are some very serious
offences, including two charges for stabbing and wounding with intent
to murder, several criminal assaults, horse-stealing, burglaries, &c.
CROWN COURT
Tuesday, MARCH 27
At eleven o'clock, Lord Chief Justice DENMAN took his seat in the
Crown Court; and the following gentlemen were sworn on the Grand Jury
-
SIR W. L. SALUSBURY TRELAWNY, Bart., Foreman,
The Hon. G. M. FORTESCUE.................J Davies GILBERT, Esq.
Sir Colman Rashleigh, Bart....................R. Johns, Esq.
Sir J. S. Graves Sawle, Bart....................C. Glynn Prideaux Brune, Esq.
J. Hearle Tremayne, Esq. ......................D. F. Hoblyn, Esq.
Augustus Coryton, Esq..........................J. Gwatkin, Esq.
Gordon W. F. Gregor, Esq.....................R. Graves Polwhele, Esq.
R. Collins, Esq., Trathan........................J. Bryant, Esq.
C. H. T. Hawkins, Esq............................J. Lyne, Esq.
R. Kendall, Esq......................................E. Morshead, Esq.
F. Rodd, Esq..........................................J. Batten, Esq.
C. B. Graves Sawle, Esq........................W. Peel, Esq.
The following magistrates also answered to their names: E. Coode,
Jun., Esq;., W. Hext, Esq., J. T. H. Peter, Esq., and the Rev. R.
Buller.
The Mayors and Coroners were then called; after which the Queen's
Proclamation was read.
The Lord Chief Justice then delivered his charge to the jury, [which
involved stating that he would not allow costs to prosecutors who do
not produce their witnesses; as for cases in which a female who is
about to give birth to an illegitimate child, she is expected by the
public to make provision that the child may not come into the world
without information to friends, to the risk of its future existence.]
There are also some cases of violence to females. I do not wish to
refer to them too particularly, except to express my horror at the
practice of taking advantage of the youth, and inexperience, and
weakness of very young children. These are some of the most heinous
cases that can come before us; and I am sorry to say there are some
such cases to come before us on the present occasion. There is one
case which requires from me some observation; or, rather, which
requires me to call your attention to facts that may come before you
without coming before the Court. I need not advert to the entire
absence of complaint on the part of the female, or observe that,
without actual compliance, there may be that which amounts to consent,
and which, perhaps, may be inferred from circumstances, although
possibly denied by the witness who may come before you. But, in the
case I advert to, it appears to me that the cross-examination by the
prisoner before the magistrates ought to be before you, as applicable
to the conduct of the parties. And I am not sure that if you draw the
inference that I do, you will not be of opinion that the magistrate
might have been justified in declining to send the case here. But I
speak with great diffidence on such a subject, because I know that the
effect of evidence cannot be deduced merely from any written
depositions of the witnesses; the sight and observation of the
character of the witnesses may produce an effect different from that
conveyed by reading depositions. I shall direct those depositions to
be laid before you, and request you to read the cross-examinations of
the first two witnesses, in order that you may take them into
consideration as to how they may affect your decisions.
The Grand Jury then retired, and very shortly supplied bills.
TRIALS OF PRISONERS
ANN HEALES, 22, was charged with having stolen on the 18th of
February, at Launceston, one pocket handkerchief, the property of
JOSEPH HENRY YEO, from his person. The prosecutor was a
cabinet-maker, and on the day named was in conversation with the
prisoner near the Union House at Launceston, and shortly afterwards
missed his handkerchief from his pocket. MARTIN METHERALL purchased
the handkerchief of the prisoner on the 20th of February, and
afterwards produced it before the magistrates. JOHN BROOMING,
constable, received the handkerchief from the last witness, before the
magistrates, and now produced it, and it was identified by the
prosecutor. In defence, the prisoner stated that the prosecutor, for
a certain purpose, gave her the handkerchief, as he had no money, and
promised to redeem it when he should have money. GULITY - Six Months'
hard labour.
BURGLARY AT ST. AUSTELL - JOHN OSBORNE, 31, was charged with
burglary at the dwelling-house of MR. RICHARD NETTLE, farmer, and
stealing therefrom 4 cwt. of bacon, 39 lbs of butter, 14 eggs, 10 lbs.
of mutton, and 40 lbs of lard. Mr. COLLIER conducted the
prosecution, and MR. BEVAN the defence.
RICHARD NETTLE, farmer, living in the parish of St. Austell, stated
that he had a dairy attached to his dwelling-house. About three or
four o'clock in the morning he was awoke by a miner called STEPHENS,
and proceeded to examine the dairy. There were four wooden bars out,
leaving space enough for a man to get through. The evening before,
had seen in the dairy 4 or 5 cwt. of pork, and also some mutton, milk,
butter, and lard. AMELIA NETTLE and RACHEL NETTLE, daughters of the
prosecutor, corroborated his evidence as to the state of the dairy and
the articles in it. ... The communication between the dwelling-house
and the dairy was through the back kitchen, and the dairy was under
the same roof as the dwelling-house.
JOHN STEPHENS, miner, between four and five o'clock on the morning of
the 11th of June, was passing Nettle's house, and saw the bars of the
dairy window cut open; he then woke Mr. Nettle. CROSS-EXAMINED: The
dairy was built with a lean-to roof against the dwelling-house, the
roof of the dairy being lower than that of the house. To pass from
the house into the dairy, there was no occasion to go outdoors.
JOHN HODGE, innkeeper at St. Austell, stated that prisoner was at his
house from nine o'clock to ten on the night of the 10th of June. He
came there again about half past eleven, with three other men, and
asked for a quart of beer, which witness refused to let them have and
they then left. CROSS-EXAMINED: My house is about half a mile from
Mr. Nettle's.
WILLIAM ROWE, constable of the parish of St. Austell, stated that
about half past eleven in the morning of 11th of June, he went to
search prisoner's house, about two miles from St Austell. Went with
the prosecutor and another constable. In a dresser-drawer down
stairs, found 34 lbs. of bacon, (part of which he now produced); and
in the bed-room up stairs, found 31 lbs. of ham. The ham was in a
stone pitcher, half-way under the bed. There was also some ham in a
boiler containing hot water, down stairs. Up staris, under the bed,
in a small tub, he found 5 lbs. of lard.
EDWIN STEPHENS, constable of St. Austell, went with the last witness
and prosecutor, to search prisoner's house. (He corroborated Rowe's
evidence of the search.) Made inquiries for the prisoner in the
neighbourhood, but was not able to find him. (Similar evidence had
been given by Rowe.) On the 19th of August, found prisoner at
Matlock, in Derbyshire, at work in a railway tunel, by the name of
JOHN WARWICK. Brought him in custody to St. Austell, and on the way
down, had some conversation with him. Prisoner asked him several
times, if he thought it would be better for him to confess on all the
parties concerned in the robberies that had taken place in St.
Austell. Witness replied "Jack, you must observe your own mind about
that." Prisoner said, if he thought he should get better off he would
come home and tell the gentlemen all about it; and that if he got out
of this job, he would take care not to get into another such one. He
stated that neither he nor HANCOCK ever entered the houses or took the
pork, but that BUNNEY and TRUDGEON entered the house, and handed out
the pork to them. Prisoner also said it was bad company that had got
him into it.
RICHARD NETTLE re-called, spoke to the pork and other articles
produced as being of similar character to that he had lost. For the
defence, Mr. Bevan addressed the Jury, but called no witnesses. The
jury found a verdict of GUILTY.
The Judge recalled the constable, Stephens, who stated that he was not
aware of prisoner's having been under any charge before; that the
wages he could earn in the neighbourhood of St., Austell as a miner,
would be about 50s., or GBP 3 per month; and that prisoner had a
family of five or six children. The Judge passed sentence of Twelve
Months' hard labour with two weeks' solitary. There was another
indictment against the prisoner, which was not tried, for burglary and
robbery at the flour-mill of WILLIAM COOMBE, in the parish of St.
Austell.
JOHN LANCE pleaded GUILTY of stealing, at Truro, ten sovereigns from a
dwelling-house, the property of WILLIAM STRIBLEY. He was sentenced to
be Privately Whipped and to be Imprisoned for Ten Months.
WILLIAM GEORGE KARKEET, 23, was charged with stealing, on the 23rd of
January, at the parish of Gwennap, a table-cloth, a bed gown, and
other articles, the property of WILLIAM GOSS. Prosecutor keeps the
Lion Inn, at St. Day, and the prisoner had been at the house about the
time of the robbery. The stolen property was afterwards found
concealed at prisoner's house, who stated that he had found it at Cox
-hill. The prisoner received a good character. Verdict, GUILTY. Ten
days' hard labour.
RICHARD WEARNE, 19, and THOMAS MEDLYN, 27, were convicted for
stealing, on the 20th of January, three ducks, the property of JAMES
PASCOE, of Constantine.
ANN BROWNING, 74, was charged with stealing, on the 17th of February,
a fowl belonging to JOHN FRY, a farmer at St. Teath. GUILTY. Three
Weeks' hard labour.
JOSEPH WILLIAMS, 18, was indicted for embezzling certain sums of
money, which had been paid to him for his employer, Mr. JOSEPH THOMAS
TREFFRY. In the first count of the indictment the prisoner was
charged with embezzling the sum of GBP 1 11s. paid to him by Mr. JAMES
HUGO; in another count he was charged with embezzling GBP 9 2s. 11d.,
paid to him by THOMAS MAGOR; and in a third count he was charged with
embezzling GBP 1 1s. 9d., which had been paid to him for Mr. Treffry,
by THOMAS TRESIDER.
Mr. Rowe having stated the case, he called THOMAS D. R. GEACH, a clerk
in Mr. Treffry's employ, who said the prisoner was also a clerk in Mr.
Treffry's service; his station was at the railway terminus at
Molinnis, his duty was to attend at the weigh bridge and take any
amount of what was carried on the railway; also to collect the various
lime bills due to Mr. Treffry; and he had to pay the money he received
over to witness. On Monday the 15th of January, witness saw prisoner
at Par office. He then produced his collecting book, and paid witness
GBP 18 2s. Witness asked if that was all he had received up to that
time; he said it was, he had paid all. After this witness went into
the office up-stairs to see Mr. Treffry, and prisoner was also
present. Mr. Treffry reprimanded him for neglecting his duty, and
said he should discharge him that day. He was then to have a few days
to make up his books, and he came on the following Wednesday to the
office, bringing the books containing the accounts of what passed over
the railway. He did not bring the collecting book; witness said he
ought to have brought it, and he replied that witness had no right to
it. Witness then demanded it for Mr. Treffry; and he said he would
bring it on Friday morning; on Saturday morning he said he was going
to leave for his father's house in Devonshire. He did not come on
Friday, or send the book; witness sent a messenger for him, but even
then he did not come. Witness then communicated with Mr Treffry, a
warrant was obtained, and prisoner was apprehended and brought before
the magistrates at St. Blazey.
Before that, however, he called witness aside privately in a public
house, and gave him a list. Witness said he should give it to him in
the presence of a constable, as it would be used against him. Witness
handed it back to him and called the constable, and again received it
from prisoner. The list contained names of parties who had paid, but
whose names were not entered in the collecting book. He said he
might have collected GBP 30 or GBP 40 more than was entered. Witness
asked him what became of the money, and he said others knew better
than he did. He said if witness would call on him the next day he
would see if he could recollect any more names. When prisoner said
others knew about the money, witness told him he had better tell the
truth. In that list was the name of JAMES HUGO, with a statement that
prisoner had received from him GBP 1 11s.
Mr. Rowe was proceeding to ask the witness with respect to other names
of persons in the list from whom prisoner acknowledged that he had
received payments, but Mr. SLADE, who appeared for prisoner, objected,
on the ground that it was not recited in the second and third counts
of the indictment that the embezzlement was within six calendar
months. He contended that the evidence must therefore be confined to
the first count only (the embezzling money received from James Hugo),
and the Judge decided that the objection was valid. JAMES HUGO then
deposed that he had paid GBP 1 11s. to prisoner for Mr. Treffry, and
had a receipt for the money. This being the whole of the evidence,
Mr. Slade submitted that the case was simply one of not accounting;
but the learned Judge decided that it should go to the jury.
Mr. Slade then commented on the evidence, and contended that there was
no proof of fraudulent embezzlement. The prisoner was young and had
to attend to the clay and iron passing over the weigh-bridge, as well
as to look after hundreds of customers, and to catch the farmers and
their money when he could. Amidst so much business, it was likely the
prisoner, from inadvertence, might omit an entry or two from his
books, without any guilty intention to defraud his employer. CAPTAIN
JOHN PASCOE, MR. HENRY HARRIS of Roche, and MR. SAMUEL ROBERTS were
then called, and gave prisoner a good character. The learned Judge
summed up, and the jury after about a quarter of an hour's
deliberation, returned a verdict of Acquittal.
JOHN CHAPMAN, 22, was charged with stealing a shirt from East Wheal
Rose changing house. RICHARD DAVIS, a miner at East Wheal Rose, went
underground on the morning of the 19th of February, and left his
clothing in the changing-house. When he came up from his work he
missed some of his things. He first looked about the changing-house,
and then went on the road towards Bodmin; he overtook prisoner at
Lanivet, and brought him back to the Victoria Inn. Prisoner was
wearing prosecutor's shoes, shirt, and a sock, and he had a shirt
belonging to THOMAS CHAMPION, another miner who had left his clothes
in the changing-house. Prisoner had also a bundle containing other
articles of stolen clothing. GUILTY. Six months' imprisonment, one
week solitary.
STEPHEN LAWRENCE, 34, was found GUILTY of stealing, at Callington,
some leather for making slippers, the property of WILLIAM ROGERS, of
Callington - Two Months' hard labour, one week solitary confinement.
HORSE STEALING - EDWARD LEVERS, 21, was indicted for stealing a bay
mare, the property of JAMES RUNDELL, the elder, of the parish of
Lanlivery. Prosecutor's son deposed that on the 15th of January, he
turned a mare belonging to his father into a field on his farm, and on
the morning of the 17th of January he missed the animal. They
advertised her loss in the West Briton, and on the 27th of January,
they found the mare in possession of MR. STOCKER, of Gorran.
Mr. STOCKER gave evidence from which it appeared that the prisoner
came to engage with him as a farm worker, and told him his mother was
in great distress, and wanted to sell the mare. After Mr. Stocker had
bought the animal, he saw her advertised and sent to Mr. Rundell about
the matter. The prisoner was found GUILTY. There was also another
indictment against him for stealing, at Bodrean, in St. Clement, a
black gelding, the property of MR. RICHARD TREMAIN; but that charge
was not entered on. The learned JUDGE remarked on the artfulness of
the prisoner in selling the mare to Mr. Stocker by means of a tale of
distress; and he then sentenced him to Nine Years' Transportation.
BURGLARY - WILLIAM CLEMOE, 31, was indicted for breaking and
entering a dwelling house in St. Mewan, in the occupation of ELIZABETH
PHILLIPS, and stealing various articles therefrom. The prosecutrix, a
widow, lives at Trewithan Lane-end, in St. Mewan. [Prosecutrix
fastened her doors and windows, then went to sleep on the night of
26th September. In the morning, she awoke and found some knives were
taken from drawers, a silver snuff-box from her pocket, a half-crown
and some pence, and a golden heart.] Clemoe, the prisoner, came to
her house on the 7th of October and said he had been wrongly charged
with the robbery. She asked him if he thought she was asleep when the
robbery was committed; he said she was asleep and that he came to her
bedside.
An uncle of the prosecutrix deposed that he found in the garden a
cloth having on it the mark of a shoe, it apparently having been tied
around the shoe. He also observed footmarks in the garden. The
prisoner afterwards showed him where the stolen knives were hidden in
a field, and also an apron. The footmarks were like impressions from
the prisoner's shoes. [The cloth was produced in court.]
A constable of St. Mewan deposed that prisoner had confessed to him
that he had committed the robbery When prisoner was asked what he had
to say in his defence, he said he was very sorry for having done it,
and hoped Mrs. Phillips would forgive him. Verdict, GUILTY. A former
conviction for felony was also proved, and the prisoner was sentenced
to Ten Years' transportation.
JOHN ROBERTS, the younger, pleaded GUILTY to stealing, on the 10th of
February, a quantity of oysters from an oyster bed in the Helford
river, the property of MR. JOHN TYACKE. The learned Judge addressed
the prisoner, telling him that stealing oysters was as bad as stealing
any other property. As, however, it seems that he might not have been
aware that he was trespassing, an offence he would this time only be
required to enter into recognizance's that he might appear should he
act in a similar way again.
CHARGE OF STEALING ORE - JOHN HARRIS, 26, was indicted for stealing,
at Creegbraws mine in the parish of Kenwyn, a quantity of copper ore,
with intent to defraud the adventurers. Mr. HOLINGWORTH conducted the
prosecution, and MR. COLLINS the defence.
HENRY LOWRY said he was book-keeper and cashier to the adventurers of
Creegbraws mine. On Thursday the 1st of March, there was a ticketing
at the Royal Hotel, Truro, for the sale of ores. (Witness here
produced a ticketing paper, on which was the offer by Messrs. Pascoe
Grenfell and Co., who purchased 109 tons of ore from Creegbraws mine.)
The pile purchased remained on the mine till the Monday or Tuesday
after the sale, when Mr. ANGOVE, agent for Pascoe Grenfell and Co.,
came to have the ore weighed. RICHARD PAUL, clerk at Creegbraws mine,
recollected Mr. JAMES ANGOVE coming to weigh the ore, the Tuesday
after the day of sale. The heap was weighed and divided into six
parcels. On the 8th of March it was discovered that ore had been
taken from the piles. They searched the prisoner's work, he being a
tributer on the mine. He was dressing his own pile at the time. They
ask him if it was his own pile of work, he said yes. They took a
shovel, turned the top of the pile over, and found some of the ore
underneath which belonged to the portion purchased by Messrs. Pascoe
Grenfell. They next had the water emptied from prisoner's hutch where
he was working; he said it was his hutch; they searched it, and found
ore there which had been taken from the sold lot. Some they found
mixed up with prisoner's work, and some was separate in a corner.
CROSS-EXAMINED: Prisoner's heap was about a hundred yards from
Messrs. Pascoe and Grenfell's. Other men's heaps were about the
place; TEAGUE, RICHARDS, and TREWEEKS were apprehended on suspicion.
Witness produced samples; he took them himself, but did not recollect
whether prisoner was present.
SAMUEL BAWDEN, captain of Creegbraws, said he found some of the sold
ore had been taken away; he examined prisoner's pile and work with the
last witness and a dresser called SIMMONS. CROSS-EXAMINED: About 6
cwt. were missed from the sold ore on Tuesday, and about 1 1/4 cwt. on
the next day. They found some of the missing ore in Teague's pile.
Prisoner had not been working at grass for a fortnight before the ore
was missed. RE-EXAMINED: Witness examined prisoner's pitch, and
found the ore there was like that of the most inferior sample
produced. ... JAMES SIMMONS assisted in dressing the ore which was
sold; and he corroborated the evidence given by the preceding
witnesses. Mr. Collier addressed the jury for the prisoner,
contending that the samples had not been taken in a satisfactory
manner, and therefore they failed to prove the identity of the ore
found in prisoner's work with that sold to Messrs Pascoe Grenfell.
It was but right that the samples should have been taken in prisoner's
presence, in order that he might object if they were taken unfairly,
but the person who took the samples could not recollect that prisoner
was present at the time. A sample should also have been taken from
prisoner's pitch, otherwise how could they judge whether the ore in
his hutch was different from that in the pitch or not. Then
prisoner's pile was in a public place; there were other miner's heaps
around, and in one of these some of the stolen ore had been found.
Other miners might have concealed ore in prisoner's pile to get
themselves out of the scrape, especially as he had not been working
there for some time. The learned judge having summed up, the jury
after some deliberation gave a verdict of NOT GUILTY.
PRILLING SAMPLES - JOSEPH COLLOM, JAMES COCK, and JOHN BUNNY were
indicted for taking and feloniously removing some tin ore, at Polgooth
tin mine, with intent to defraud SAMUEL BARZIER and others, the
adventurers of the mine. MR. Rowe conducted the prosecution, and Mr.
Hughes the defence. After stating the case, and the law applicable to
the offence, Mr. Rowe called the following witnesses:
JOSEPH WILLIAMS, in the employ of the adventurers of Polgooth mine,
said the prisoners, Cock and Bunny, were tributers in that mine.
THOMAS SWEET was one of the assayers of tin; witness was one of the
assistants to the assayers, and JOSEPH COLLOM, the prisoner, was
another assistant. When the assayer took the ore from the heap, it
was the business of the assistants to bruise it fine.
He was present when the assayer took a sample from the heap of the two
prisoners, Cock and Bunny, who were tributers. Witness and Collom,
the other prisoner, had to bruise the ore before it was assayed, and
they had put it on an iron to bring it small. While engaged in this
process, witness observed Collom in the act of covering over a stone
or prill of rich tin in the sample; he then lifted the iron which was
used to bruise the sample, and broke it all down together. Before
this rich stone was put in, it was poor rock, but after that it was
considerably richer. Collom having gone to the fire-place, witness
took the opportunity of looking at the ore, and could distinguish the
rich fragments from the poor ore around them. After this, Collom
took the sample to be assayed, and witness gave information of what he
had seen to Mr. COLLINS, one of the assayers. Witness and Collom the
other assistant were paid weekly wages. CROSS-EXAMINED: Collom would
not receive anything additional from the adventurers in consequence of
the richness of samples.
RICHARD COLLINS, an assayer, assayed a sample of tin on the 16th of
March at Polgooth mine, which he took from the heap of the tributers,
Cock and Bunny. The ore as it lay in the heap he thought was worth
from 2 cwt. to 3 cwt. of tin to 100 sacks of ore. The assay of the
sample, however, showed it to be worth from 10 cwt. to 12 cwt. of tin
to 100 sacks; and the earnings of the tributers increased in
proportion to the richness of the ore. Witness heard MR. SWEET, the
assayer, say to Collom there had been a sample "prilled" that day,
and it was a bad job. On that witness asked Collom if he had any more
prills of tin in his pocket, and he then took two rich prills from his
trowsers pocket. On being asked, he said he had some also in his oat
pocket, and witness took them out. He said he picked them up in the
mine here and there as he was sampling the tributers' work.
THOMAS SWEET, an assayer at Polgooth mine, deposed that he asked
Collom what benefit he derived from prilling the sample, and he said
if he were to tell the truth it would not ease his punishment.
Afterwards at the Queens's Head Inn, St. Austell, when witness and
other parties were present, witness asked Cock and Bunny how they came
to tell Collom to prill the sample, and they said it was a bad job,
they hoped they should not be turned out of employ. The prisoners
Cock and Bunny were working at a tribute of 8s.6d. in the pound; and
by the prilling they would have gained about GBP 6 on their heap that
was sampled.
THOMAS BELL, one of the captains at Polgooth, proved Mr. BRAZIER to be
one of the principal adventurers in the mine. At the Queen's Head,
Joseph Collom said he would not have done it if he had not had
inducement. Witness identified the prills of tin produced.
Mr. Hughes then addressed the jury for the prisoners, and the learned
Judge summed up the case. Verdict, GUILTY. Collom was sentenced to
Twelve Months' hard labour, and Cock and Bunny each to Six months'
imprisonment with hard labour.
- JOHN REMFRY, the younger, was charged with stealing, on the 29th of
February, at the parish of St. Blazey, a quantity of potatoes, the
property of AUGUSTUS SANDOE, innkeeper. It appeared that on the
morning of the day named, prisoner was in employ at prosecutor's, and,
in consequence of some suspicions, a watch was set, and prisoner was
seen to go to a heap of potatoes in the beer cellar, and take away
nine potatoes. The prisoner, on being apprehended, as also now in
court, admitted that he took the potatoes to roast under the furnace,
but denied that he intended to steal them. He received a good
character from the REV. CUTHBERT HOSKEN, of St. Blazey, who had known
him for seven years as his parishioner. The jury, after a long
consultation, found a verdict of GUILTY. The prosecutor, on being
re-called by the Judge, said he believed that, at the time of the
robbery, the prisoner's circumstances were bad, but did not suppose
that he could have wanted for food that day. Eight days' hard labour,
in solitary confinement.
- JOSEPH CHADWICK, 21, was charged with having stolen, on the 21st of
January, at St. Wenn, a woollen sack shirt, the property of HENRY
FREATHEY, a lad in the employ of Mr. ANDREW, farmer. GUILTY. Three
Months' hard labour; one week solitary.
- HENRY LENTELL, 32, was charged with stealing a pair of trowsers,
the property of JOHN LOBB, also in the employ of Mr. ANDREW, farmer,
of St. Wenn. The property in this and the preceding case were stolen
from a barn, part of Mr. Andrew's premises, and at the same time; and
the judge remarked that it would have been convenient and proper to
have included the cases in one indictment. The prisoner was found
GUILTY, and sentenced to Three Months' hard labour, with One Week
Solitary Confinement.
- ROBERT WEST, 18, pleaded GUILTY of stealing at St. Germans, a
velveteen coat and a handkerchief, the property of WILLIAM WYATT,
labourer. Seven Months� hard labour; one week solitary.
- ELIZABETH HELLINGS, 18, pleaded GUILTY of house-breaking and
stealing a pair of boots, the property of JOHN ANDREWS, at the parish
of Stithians, on the 17th day of March. Seven months' hard labour;
one week solitary.
- HOUSE-BREAKING BY A VAGRANT BEGGAR - JEREMIAH BROCKWAY, 37, was
charged with having broken into the dwelling-house of SUSANNAH GREEN,
a widow, at St. Wenn, on the 17th of January, and stealing two loaves
of bread, two pieces of pork, two handkerchiefs, and a pocket-knife,
her property.
SUSANNAH GREEN, the prosecutrix, stated that about five o'clock in the
evening of the 6th of January, she left the house to go to her
daughter's, in an adjoining parish. On leaving, saw that the lower
window was fastened with a hasp, and the door locked. In the
afternoon of the following day heard that some one had broken into her
house, and, in consequence, returned there about four o'clock with MR.
VERCOE; and found that a pane of glass had been opened, and the window
unhasped. The door was still locked. On entering the house, found
that the loaves were gone, and some meat, two handkerchiefs, and a
pocket-knife. The same afternoon, prisoner was brought to her in
custody, by the constable Tabb.
JOHN TIPPET, labourer, of the parish of Roche, stated that on the 7th
of January last, about one o'clock, he was returning from church, and
met the prisoner on the road, about five minutes' walk from the house
of the prosecutrix, with a bundle under his left arm. He asked the
way to St. Columb, and witness told him. About three o'clock witness
got information of what had happened at Mrs. Green's, and witness,
with Mr. VERCOE, went on the road and met with the prisoner, who was
begging at a farm house called Pengelly. Mr. Vercoe asked him where
the bundle was. He at first denied knowing anything about it, but
afterwards pointed to a place in the hedge where they should find it.
Witness took the bundle off the hedge, and prisoner said "Ah, that's
it." Afterwards, when they got back to the house, the breaking of one
of the windows was mentioned; the prisoner said he broke it with a
stick. ___ VERCOE, son of Mr. Vercoe, of St. Wenn, confirmed the
evidence of the preceding witness.
JOHN TABB, constable of St. Wenn, proved that he took the prisoner in
custody to the house of prosecutrix, on Sunday the 7th of January.
Also received a bundle from JOHN TIPPET; and, on searching the
prisoner, found a pocket knife. This witness produced the knife which
was clearly identified by the prosecutrix, having been in her
possession for many years. GUILTY. Ten Months' hard labour.
- WILLIAM WILLIAMS, 16, was ACQUITTED on a charge of stealing a whip,
the property of JOHN MASON, a gardener of the parish of Kenwyn, while
he was attending St. Day market, on the 17th of February.
- JOHN MACK, 23, was charged with stealing on the 23rd day of March,
four brushes, the property of THOMAS WILLOUGHBY, of Camborne. The
prisoner called at prosecutor's shop with mats, which he offered for
sale to Mr. Willoughby. He threw down a mat on some brushes; and,
after prosecutor refused to buy, he threw down another mat, then took
up the two mats, and with them a bundle of four brushes. Prosecutor
went after him, and spoke to him, under pretence of dealing with him
for the two mats; and, while so doing, saw the brushes fall from
between the mats. He then gave prisoner in custody to the constable
DAWE.
The prisoner, in defence, said that he was in liquor at the time, and
if he took up the brushes with the mats, it must have been by mistake.
The jury, however, holding that "there was no mistake, and could be
no mistake," found the prisoner Guilty. Two Months' hard labour.
- JOHN RUTTER, 18, was found Guilty of stealing on the 4th of
January, at Wheal Reeth, a pair of shoes, the property of JOHN JACKS,
a miner. One month's hard labour. One Week solitary, and to be once
whipped.
- A MOST DARING BULLY - JOHN DAVIS, 27, was found Guilty of
stealing, on the 24th of February, at Trevemper, in the parish of
Crantock, a pair of woman's boots, the property of JOHN MITCHELL. In
the course of the trial, a witness named ANN THOMAS gave very decisive
evidence against the prisoner; he with great violence of manner, and
raising his fist against her, exclaimed, "If I ever get out of this,
I'll be hanged for you � I'm b...d if I don't." The learned Judge,
when about to pass sentence, said to the prisoner "We are rather
obliged to you for letting us know, by your threatening that witness,
what sort of character you are." Prisoner � "And so I will; I'm
b....d if I don't." Judge � You will go to prison for Twelve Months'
hard labour with three weeks' solitary confinement. You are rather
too old to be whipped. But I shall direct that when you come out of
prison, you shall enter into your own recognizances to keep the peace
towards all mankind and particularly towards Ann Thomas, for five
years. And if you break peace by any violence, you will certainly go
to prison again. " Prisoner � "I'll break it the first month or
two; ''m d...d if I don't."
- MARIA TONKIN, 17, pleaded Guilty of stealing on the 14th of March,
at St. Just in Penwith, a quantity of timber, the property of SAMUEL
BORLASE, Esq. Two Months' hard labour.
- CHARGE OF LAMB STEALING � A Remarkable and Painful Case - [note:
newspaper called defendant Wallis and Harris, interchangeably]
RICHARD WALLIS, a farmer of respectable appearance and position,
renting about GBP 200 a year, in the parishes of St. Teath and
Endellion, was indicted for stealing, on the night of the 3rd of
March, at the parish of St. Teath, one lamb, the property of JOSEPH
HAMLEY, Esq. The prosecutor it appeared, has a sheep farm called
Trekea, in the parish of St. Teath; and the prisoner occupies a farm
nearly adjoining, called Trewigget. Mr. Carpenter ROWE conducted the
prosecution; and Mr. SLADE the defence.
Mr. ROWE, after stating the case to the jury, proceeded to call the
following witnesses � WILLIAM GOODMAN, who had been in the employ of
the prosecutor two years and a half, stated that early in the morning
of Saturday the 3rd of March, he went with another man called JOSEPH
LOBB, to his master's field, and found that a ewe had just yeaned twin
lambs. Witness moved this ewe and lambs, together with some other
ewes and lambs, to a field called Higher Meadow, and went to that
field again, about ten o'clock. The lambs were then safe; and so they
were also at six in the evening. But on Sunday morning between seven
and eight, on going to that field with Lobb, found that one of the
lambs was then missing. The ewe and other lambs were still there.
[Witness and JAMES POLLARD followed tracks through freshly plowed
fields to the border of the farm; tracks led to prisoner's farm.
They went there, and saw prisoner put an ewe and lamb into a field;
the ewe was fettered. Prisoner said he had "housed" the lamb, and the
ewe was just re-introduced to it, so he had fettered it; he also said
prisoner did so because the lamb was weak, but witness stated that the
lamb was a very strong one. It was sometimes necessary, when a
strange lamb was put to a ewe, to fetter the ewe. The ewe would not
allow the lamb to suckle. When a lamb was taken from an ewe � even
for a short while � sometimes the ewe will refuse the lamb. However,
this lamb was taken back to prosecutor's farm, where his ewe readily
accepted the lamb.] The constables and he did not corner the ewe, or
hold her down. The lamb of prosecutor's was not of the same breed as
the tethered ewe at prisoner's farm.
Re-examined: Between nine and ten on Saturday, saw the prosecutor or
his brother � not sure which � passing on the road near Trekea, about
forty or fifty yards from Higher meadow. Knew this lamb particularly,
because it was the youngest. BY THE COURT � The worth of the lamb
might be four or five or six shillings.
JOSEPH LOBB confirmed last witnesses testimony. {Said he saw the
lamb refuse to suck on the ewe after it had been brought back from
Wallis' farm. The ewe was willing.]
CHARLES HICKS, constable of St. Kew � On Monday after the loss of the
lamb, went to Wallis's farm, with Lobb and Goodman, and saw a ewe
fettered in the wheat field, and a lamb by it. Told Mr. Wallis that
he was come to take him into custody, and to take the lamb. Prisoner
said "what will people do next � to take away my property and ruin my
character." Went with prisoner to the field. Prisoner said the lamb
was yeaned on Saturday night. Witness took the lamb, and prisoner
went with him to Trekea. Had been shown some footmarks by James
Pollard. In going to Trekea, witness observed prisoner's footmarks,
and on coming to Trekea, told prisoner to take off his shoes. Witness
then went with James Pollard, taking the shoes to a ploughed field
adjoining Higher Meadow, where the lamb had been taken from. There
had been a little mist, but no rain that day, to wash away the
footmarks. Made a comparison of the shoe with the tracks, and the
marks corresponded. Witness here produced the shoes, and pointed out
differences in the nailings of the heel, and a peculiarity in the
nailing of the left shoe. Passed over some ploughed fields because
the impressions of the nail marks were not distinct. The next
comparison made was on the edge of a grass field; there the mark
corresponded with the left heel. On the other side of the field,
there was a right foot impression which also corresponded with the
shoe. After this comparison, witness took prisoner into custody. On
arriving at this house, prisoner said to this man called HEWETT,
"JACK, you can swear you all but saw the ewe yean the lamb." Hewett
answered, "yes." Just after that, Wallis said, "HEWETT, you can swear
you saw the ewe yean the lamb." Hewett said
"yes." There was a servant boy there who came in and said, "Master,
where is that ewe and lamb?" Prisoner said "what ewe and lamb?" The
lad said "the ewe that you put the lamb by." Prisoner said "they have
been and taken away the lamb." CROSS-EXAMINED: Saw the ... Mr.
Marley's ewe shewed to the lamb when brought back; and also saw
prisoner's fettered ewe follow the lamb part way across the field.
Was requested by Mr. Wallis' friends to take both lambs to the
magistrates to be compared; but did not do so; had no authority to
take Mr. Hamley's lamb.
JAMES POLLARD, labourer, in the employ of Mr. Hamley. This witness
was the first who saw foot tracks. He stated that there had been no
rain to wash out the tracks between that time and when the constable
compared the tracks with the shoes.
JAMES CHAMPION, farmer, in St. Kew. His farm was between Trekea and
Wallis's farm. On the Monday, saw prisoner at Trekea with the
constable. Prisoner said to witness, "a pretty job; they have taken
my lamb." He said he could prove that it was his lamb, and that
Hewett should be sworn that he saw his ewe yean the lamb. Witness
said, "Mr. Wallis, your track and the shoe correspond exactly
together." He said he knew nothing about the track; he was never on
Mr. Hamley's farm. After that, he asked witness to go to Bodmin with
him to see Mr. Hamley. Witness said he would go. Then prisoner said
that he (witness) was to ask Mr. Hanley to make it up; he would rather
be cut to pieces than go before the magistrates, because if one would
not believe it another would. Then prisoner asked witness to beg Mr.
Hanley's pity and mercy for the sake of his family. Had seen the lamb
brought from Wallis, and the lamb at Mr. Hamley's; whey were of the
same breed, but the lamb which was brought from prisoner's was rather
more like the mother than the other was. CROSS-EXAMINED: Had always
lived on good terms with Harris. Harris rented two farms, and was
overseer of the parish. He rented land of LADY GRENVILLE, and also of
MR. JOHN PEARCE, of Hendra. He was in a very respectable station, and
witness never knew anything aginast him before.
GEORGE SLOGGETT lived at Trelill. On Saturday, the 3rd of March, at
half-past eight I the evening, saw prisoner at Trelill village, and
spoke to him. The road divides just below Trelill; one road leading
to Trekea, and the other to Watergate. CROSS-EXAMINED: Prisoner
said he was come to Trelill collecting poor-rates.
THOMAS MARTIN, of Trelill. On Saturday evening the 3rd of march, met
prisoner going on the road towards Trekea. That was about a quarter
to nine o'clock.
The two lambs were produced in Court. The witness CHAMOPTION stated
that they resembled each other, but the one that came from Wallis's
turned after the mother more than the other.
Mr. SLADE then addressed the jury for the defence, and proceeded to
adduce the following evidence:
JOHN HEWETT had lived with the prisoner, Mr. Wallis, for several
years. On Sunday, the 4th of March, one of the ewes dropped a lamb.
Witness saw it dropped, and took the lamb in his arms, and put it in
the pig's house; and afterwards, about nine o'clock, put it out in the
meadow, and fettered the ewe, because there was no hedge against the
lane, and he was afraid the ewe might have got out in the lane, and
the lamb have followed. There was a steep incline or one-sided hedge
of several feet from the field to the lane. Saw the lamb sucking the
ewe several times during the day. Put the ewe and the lamb in the
pig's house that evening, and the next morning told the master that
the lamb was there, that he might turn it out. Master had lost ten
sheep before, and went to look for them on the Saturday. He came home
at dinner time, and took off a pair of high shoes, and a pair of boots
was brought to him instead. [The shoes were produced; witness helped
him take them off, and saw master go to bed; produced the shoes in
court.] CROSS-EXAMINED: Came to Bodmin with master. Master had not
talked over this matter with him. Master asked him to go before the
magistrates, and witness went there. Did not then say a word about
the shoes, or the boots, or seeing the lamb born. Could not recollect
what orders master gave him on the Sunday morning. RE-EXAMINED: Did
not tell before the magistrates what he knew, but afterwards told it
to MR. BRADDON, prisoner's attorney.
MARY BUNNEY lived with Mr. Wallis. He has a wife and two children.
[On Saturday, master came back to house and asked her to clean his
boots. She cleaned them, and his shoes as well. Master asked John
Hewett to help take off his boots on Saturday evening; master went to
bed soon after supper, and witness heard him get up next morning about
half-past six.] Witness heard master ask John Hewett how the sheep
were, and if any had yeaned. This was down in the kitchen, about
seven o'clock, and witness was standing by. Master then went round
with John Hewett. CROSS-EXAMINED: First told the evidence to Mr.
Braddon, yesterday between ten and eleven o'clock. Master had not
talked to her about it, nor witness to him. Master did not ask her to
go before the magistrates. RE-EXAMINED: Did not know it was of
importance that she should go before the magistrates. Heard master on
the Sunday morning hallo something to John Hewett but did not hear
what it was.
JOHN BRADDON, attorney, attended for Wallis, the prisoner, before the
magistrates. Saw Wallis at Washaway, about five or ten minutes before
the business commenced. Wallis did not mention to him what Hewett or
Bunney could prove. Afterwards sent for Hewett, and witness took his
examination at his office. Wallis rents an estate of GBP 115 a year
from Mr. Pearce, in the parishes of St. Teath and Endellion. Had
known him for thirty years; he had always borne as high a character
for honesty and integrity as any man he knew. The following witnesses
to the prisoner's character for honesty were called: MR. PEARCE, of
Hendra, in St. Teath, the prisoner's landlord; Mr., JOHN ROGERS; MR.
JOHN BOWEN, agent for Lady Grenville, of whom prisoner had rented a
farm at GBP 80 a year for fifteen years. John Braddon re-called by
Mr. Slade � there was no fence in the higher part of prisoner's field.
It was what was called in Cornwall a one-sided fence; that was in the
meadow where the tether ewe was.
JAMES POLLARD recalled by Mr. Rowe: Was ploughing on the Saturday in
the ploughed field where the stone steps were. When witness left
there on Saturday night at five o'clock, there were no footmarks there
such as he saw there afterwards. Some of the tracks which he observed
afterwards, on Sunday afternoon, were on the last furrows made by him
on Saturday. CROSS-EXAMINED: Did not see any shoe fitted to the
tracks on the ploughing.
CHARLES HICKS re-called: prisoner made a statement to him, that he
left his house on Saturday afternoon at two o'clock, and went to
various places; but did not mention that he crossed any other ground
that day. JAMES POLLARD re-called by the Judge: The tracks seen by
him on the Monday were the same which were seen by him on the Sunday.
Mr. Rowe addressed the jury in reply; after which the learned Judge
carefully summed up the evidence. At eight o'clock the jury retired
to consider their verdict. The case excited great interest in court
to a numerous auditory. The jury were locked up until half-past
eleven o'clock when it being stated that they were about to deliver
their verdict the learned Judge went to receive it, but he was
informed that the jury could not agree. They were then locked up
again until Wednesday morning.
WEDNESDAY, MARCH 28
Lord Denman took his seat on the bench at nine o'clock, and the jury
who had been locked up to consider Wallis's case, being called, his
Lordship inquired whether they had agreed on a verdict? The foreman
replied that they had not. The Judge � Are you likely to agree? The
Jury � We are not, my lord. Lord Denman � You have discussed the
matter fully, and you find you cannot agree? Several of the jury
replied � We cannot agree. His Lordship said � I am happy to see you
all look so very well. (Laughter.) I think, however, if you are not
likely to come to an agreement, it will be better to discharge you.
He then directed the jury to be discharged, and also the prisoner, as
no verdict had been given.
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