cornwall england newspaper
1851 NEWS
APRIL
4 April 1851, Friday
NOTICE
I HEREBY GIVE NOTICE that I will not be answerable for any DEBTS my wife MIRIAM CHAPPLE, now residing at Pool, in the parish of Illogan, may contract from this date.
CHARLES CHAPPLE, Camborne, April 3, 1851
NOTICE - ALL PERSONS having any DEMANDS on the ESTATE of the late Mr. ROBERT LILLY, Victualler, St. Michael Penkivel, deceased, are requested to send the particulars thereof, within one month from this day to MR. WILLIAM PASCOE, Tregonian, St. Michael Penkivel aforesaid, the Executor in Trust of the deceased; and all PERSONS INDEBTED to the said ESTATE, are requested to pay their several Amounts to the said Mr. Pascoe, within one month from the date hereof.
(This will be advertised but once.)
Dated, the 2nd day of April, 1851
GENUINE SOUTHHAM CIDER
S. BOWDEN and SON have on Sale a choice lot of GENUINE SOUTHHAM CIDER, which they beg to offer to the Trade at a moderate figure, considering the great scarcity of the article.
Intending purchasers are requested to make an early application.
Totnes, Devon, April 2, 1851
LOCAL INTELLIGENCE
PHYSICAL GEOGRAPHY OF CORNWALL - On Monday last, Mr. R. Q. COUCH delivered a very able and scientific lecture at the Penzance Institute, on the "Physical Geography of Cornwall." Mr. FLAMANK occupied the chair. The lecturer introduced the subject by taking a hasty glance a the Physical Geography of the Globe. He then led his audience to the hills of Cornwall, measuring their heights and comparing their elevations. He described the beauty and salubrity of its valleys, and drew attention to the rivers which cut the bounty, as it were, into small peninsulas, and which, assisted by the ocean, produced a temperature so equable, as scarcely to be equalled in the world. In speaking of the internal heat of the earth, he gave the thermometrical temperatures of the Cornish mines at different depths, clearly proving that the deepest mines were the warmest. He then spoke of the intelligence of the Cornish miners, as compared with other working men, of their wear and tear in descending to their work, their perspiration when at work, and their again ascending, causing in some cases a loss of weight in the eight hours thus occupied by them, of from 6 lbs to 8 lbs to each man, the loss varying according to the depths at which they worked. The lecturer observed that he had himself proved this fact. Some very interesting information was then given respecting the fisheries of Cornwall, and the migrations of the fish. An opinion was hazarded that Cornwall was once united to the Isles of Scilly, and also to the continent of Europe. In the discussion which followed the lecture, one of the members stated a circumstance, as evidencing the warmth of the winter in Cornwall, that he had that evening after sunset seen a butterfly on the wing. A vote of thanks was passed to the lecturer at the close of the meeting.
ST. AGNES -
The annual parish meeting took place at the Hotel. The accounts were examined, and passed as correct, shewing in the disbursements an increase over the preceding year of GBP 158.2s.10d. [for 1850, GBP 2,109.7s.2d] At the same time the officers for the ensuing year were elected as follows: Mr. A. Stephens, collector and assistant overseer. Messrs. Joseph Newton, M.T. Hitchins, Anthony Williams, George Chellew, and John Letcher, were unanimously elected guardians. Altogether this was the most amicable meeting there had been for many years. The connexion with the union was deeply deplored from the great increase in the rates, bearing as they do so heavily on the farmers, and house property in the parish. By this connexion the expenditure is increased at the rate of GBP 700 per annum above the old system of managing the poor.
DELAVEL'S CHARITY
At the Falmouth Town Council meeting on Wednesday last, it was decided that this Annual Charity should be awarded to JOHANNA SINCLAIR.
PROLIFIC EWES
Mr. JOHN HORE, of Rescorla, in the parish of St. Austell, has five ewes, which have produced sixteen lambs this season.
ST. IVES
The mackerel boats have had but small catches throughout the week.
HELSTON MIDLENT FAIR
This fair on Monday was well supplied with fat cattle, which brought about two guineas per cwt. There were not many cows and calves or lean cattle there, but the former were in great demand. There was rather more business than usual in the horse fair.
HELSTON QUARTER SESSIONS
At this sessions on Monday last, EDWARD MITCHELL was charged with having stolen part of a brass tap from MR. THOMAS GEACH, inn-keeper, of the White Hart Inn. In September last Mr. Geach had found the tap wanting, and after a long search a part of it was discovered to have been sold to Mr. OLVER, of Falmouth; but Mr. RENDLE, a foreman of Mr. Olver, who bought the brass, could not swear positively to the prisoner. Another person of Falmouth, MRS. OSBORNE, swore that the prisoner had offered her the same piece of brass for sale, and she, not dealing in that way, recommended him to dispose of it at Mr. Olver's. the prisoner had been in the employ of Mr. Geach, as an ostler, and had free access to every part of the inn. Mr. TYACKE appeared for the prosecution, and Mr. H. ROGERS for the defence. After a lengthy trial, the learned Recorder, MR. BEVAN, summed up the evidence, when the jury retired for more than an hour and returned a verdict of "guilty of selling the brass, but that the evidence was not strong enough to convict." The Recorder desired them to retire and reconsider the verdict, when after another hour's deliberation they found him guilty. The prisoner was then sentenced to three months' imprisonment in the town gaol. It is worthy or remark that this is the only case that has been brought to trial in this borough for many sessions.
PENZANCE QUARTER SESSIONS
These sessions were to have taken place on the 28th ult., but in consequence of the absence of the Recorder, Mr. COLLIER, (who was engaged at the assizes) they were adjourned to Monday last. There were two cases for trial.
CATHERINE CHEETHAM was charged with stealing, on Thursday the 6th day of March last, from MR. THOMAS TREWHELLA, a purse containing GBP 13.14s.0d. Mr. Rogers appeared for the prisoner, and MR. ROSCORLA conducted the prosecution. The prisoner was found guilty, and sentenced to eight months' imprisonment with hard labour in the borough gaol.
EDWARD PASCOE, REUBEN LIMPENNY, JOHN KNAPP, and HENRY VINGOE, were indicted for having on the 11th of February last, broken into and entered the shop of MR. PETER ARTHUR, watchmaker, and stealing from thence several gold and silver watches. A second count in the indictment charged the prisoners with having received the goods knowing them to have been stolen. The last-named two prisoners were defended by MR. PASCOE; Mr. DAVIES appeared for Limpenny, and Mr. Rogers for Pascoe. On the part of the prosecution it was stated that there had been stolen about twenty-four watches in all. It was not attempted to be shewn that the prisoners broke and entered the shop of the prosecutor, but it was proved that each of the prisoners had dealt with the property. The evidence shewed that both Knapp and Vingoe had pawned one or two of the watches in Penzance, and that Pascoe and Limpenny had disposed of three at Helston and Falmouth. Some of the witnesses for the prosecution were subjected to a severe cross-examination, and in one instance the effect of a portion of evidence, which seriously affected the prisoner Vingoe, was materially lessened owing to the conflicting statements of the witnesses. On behalf of Vingoe, Mr. Pascoe examined several witnesses, who established an alibi as to the robbery, and gave the prisoner an excellent character. Mr. BALL, of the Union Hotel, gave the prisoner KNAPP a most unexceptional character for honesty. The advocates for the prisoners severally addressed the jury, who afterwards remained in consultation about one hour. Pascoe and Limpenny were both found guilty on the first count in the indictment for housebreaking, and sentencved to Ten Years' transportation. Vingoe and Knapp were found guilty on the second count for receiving goods knowing them to have been stolen, and were sentenced to be imprisoned in the borough gaol for eight and four months respectively, with hard labour.
St. AUSTELL PETTY SESSIONS -
At these sessions, on Tuesday last, SEPTIMUS FILIUS WILTON, of Mevagissey, was convicted of trespassing in search of game and rabbits, on the 7th day of February last, at Mevagissey, and fined 20s. and costs, and in default of payment to be committed to the house of correction for one calendar month.
-NICHOLAS HICKS and JOHN VERCOE, of St. Dennis, were convicted and fined 5s. each and costs, and HENRY HOCKEY, of St. Dennis, and ROBERT GOODGE, of St. Stephens, were convicted and fined 2s.6d. each and costs, as the drivers of china clay waggons, for having on the 8th of March last, obstructed the turnpike road at the town of St. Austell. The turnpike at the eastern end of St. Austell, in the direction of Charlestown is very hilly, and from the immense traffic in the china clay trade, the insufficiency of many of the teams employed in the carriage, and the rivalry of the drivers, the place in questions is frequently a scene of tumult and confusion; the road being sometimes entirely obstructed for as much as half an hour at a time, and not unfrequently accompanied with considerable danger to passers by. It is hoped that these cases will serve as a warning to the drivers for the future.
PROVIDENTIAL ESCAPE - FALLING INTO A SHAFT
Great excitement prevailed in the family of a tradesman at St. Agnes, named SAUNDERS, on Thursday the 27th ult., in consequence of his son, a young man about twenty-one years of age, and a daughter about sixteen, being missing. It appears that young Saunders and his sister, on the night in question, left their father's house for the purpose of accompanying home a young woman, an acquaintance, who lived at a place called Mount, about a mile distant. The night was extremely dark, and an hour or two having elapsed without the return of the young man and his sister, the family became alarmed and feared that some misfortune had befallen them, but still expecting their return they waited until the clock struck twelve, and at that time started off in search of the missing party. They first went to Mount, and ascertained that they had been there, and had left about ten o'clock to return home. The distress of the parents at this moment was painful in the extreme. They at once concluded that as their children had to cross a common in the neighbourhood, of the old Wheal Kitty mine, they had missed their way and fallen into some shaft. Every place of this description that could be thought of was searched without success. By this time daylight was appearing, and whilst hesitating what step to take, they saw a young man coming toward them, which on his approach, to their great joy and surprise proved to be the young Saunders. On asking him where he had been, he said "I have been all night in a shaft, and my sister is there still." At once they followed him to the place, and discovered the poor girl at the bottom of an open shaft about twenty-five feet deep, into which she and her brother had fallen, and remained the whole night exposed to torrents of rain that descended upon them, nothwithstanding which neither of them were injured excepting a few bruises. Young Saunders gained the surface by a difficult effort of climbing; he afterwards procured a ladder and assisted to get up his sister which was done, and the young party restored to their parents.
ARSON
On Monday night, some person or persons, wllfully set fire to a mow of barley, rick of hay, and a rick of furze, the property of MRS. JAMES MARTIN, of Crellow, near the church-town, Stithians. Hundreds of the neighbours were soon on the premises, some of whom appeared to be anxious to put a check to the fire; but while some were endeavouring to extinguish the flames in the rick of hay, the rick of furze was discovered to be on fire. It is believed that the parties also entered the barn, and stable, in order to set fire to the building, but finding no hay or straw there, they could not succeed. There were some old rags and Lucifer matches found on the premises near to the burning ricks. It is feared that the act has not been perpetrated by any stranger in the neighbourhood.
CORONERS' INQUESTS
The following inquests have been held before Mr. HAMLEY, county coroner: On the 26th ult., at St. Germans, on the body of Mr. THOMAS GEAKE, of that place, tanner, aged 56. It appeared that about seven o'clock on the morning of Monday, the 24th ult., he left his home for the purpose of going into his tan-yard, and took a tool-box, hammer and nails, in order, it is supposed, to do some repairs to a portion of one of the pumps. About two hours afterward, one of his workmen going through the yard, saw the tool-box lying by the side of one of the pits, and, thinking it had been left there inadvertently by some one of his fellow workmen, went to the spot, and looking into the pit, saw his master therein, with his heels upwards. He immediately procured assistance, and the body was taken out, quite dead. The water in the pit was only about three feet deep; but the deceased had evidently fallen head-foremost, and in the position in which he was found, jammed between the pump and the side of the pit, it was impossible for him to extricate or raise himself. M. KERSWELL, surgeon, who attended him professionally, said he had lately been subject to lightness in the head, and there was no doubt he had been seized with giddiness, and fell head-foremost into the pit. The jury returned a verdict of "Accidental Death. " The deceased was a highly respectable man, greatly esteemed by private friends, and for his performance of parochial and county public duties.
On the same day at Penquite, in the parish of St. Germans, on the body of a labourer called JOSHUA HEATH, 50 years of age. He had been in a depressed state of mind for the last year and a half, and had several times threatened to destroy himself, and for the last few months, had been constantly watched. In the same village in which he lived, there resides a farmer called STEVENS who has, in his cow-house, a turnip-cutting machine, the blade of which is an old scythe. Heath had often been observed examining this machine, and he had several times asked some boys to come there and cut off his head. On Monday morning the 24th ult., he went out of his house, and his wife followed and watched him. At last, she lost sight of him for a short time; she passed by the cow-house but did not suspect that he was inside as the door was closed, as it had been kept for some time latterly in order to prevent her husband getting to the machine. In about ten minutes, Mr. STEVENS's son went into the cow-house, and found the deceased lying by the side of the turnip-cutter, in a pool of blood, quite dead - his head being nearly severed from his body. On looking round the building, it was found he had got into the house through an old window, at the upper part of the building, and had then descended to the floor. It is supposed that he had himself placed his head under the scythe of the turnip-cutter, and, with his hand, had pulled it down on his neck, which, as before stated, was nearly severed. Both the jugular vein and the carotid artery were divided, and consequently, he must have died almost instantly. The jury all knew deceased to have been long in a depressed state of mind, and did not hesitate in coming to the opinion that he had destroyed himself and that he was in a state of "temporary insanity. " It appeared that he had threatened and endeavoured to destroy himself in various ways; for some time he had carried about with him a rope; and on one occasion, he was saved by some of his friends when in the attempt to thrust a pike into his bowels. He was about to be sent to the County Lunatic Asylum in a few days.
The following inquest has been held before Mr. GILBERT HANMLEY, deputy coroner: On Friday last, in the parish of St. Austell, on the body of the child of a travelling hawker named PITCHER. The child was four months old. Both parents went home the previous evening in a state of intoxication, and the mother, on awaking in the morning about half-past six, found the child dead by her side. There was evidence of the child having been subject to a dreadful cough for the last six weeks, and it also appeared that the mother had taken the child from St. Austell to St. Blazey on the previous day, which was a very cold one. Mr. BERRYMAN, surgeon, St. Austell , at the request of the coroner, made an external examination of the body, and stated that he could find no mark of violence, and that from the statements of various witnesses he had no doubt the child had died from natural causes, most likely inflammation of the lungs. The foreman of the jury severely reprimanded the parents of the child for not having sent for a medical man when they found the child was dead, they having admitted that the body was quite warm when they awoke in the morning. The jury returned a verdict in accordance with the medical evidence.
COUNTY COURTS
ST. AUSTELL
This Court was held at the Town-hall, St. Austell, when thirty cases were entered for trial, but none were of any interest.
TRURO
This court was held on Friday last, when there were thirty-six plaints entered for hearing, but none of the cases involved any feature of public interest.
HELSTON
At this court on Monday last, an important case affecting landlords and tenants, was tried before a jury, and excited considerable interest.
LORY v. RICHARDS
Mr. HILL appeared for the plaintiff, and Mr. T. ROGERS for defendant. Mr. Hill opened the case to the jury, from which it appeared that the plaintiff is a Lieutenant in the Navy, and the owner of two tenements , called Jerry's and Rickard's tenements, part of Arrowan in the parish of St. Keverne, of which the defendant was formerly tenant; the defendant held the estate under a lease, dated the 24th of September, 1836, from defendant and his brother, which expired at Michaelmas 1848.
Previous to the expiration of the lease, defendant agreed with plaintiff to take the farm for another term, on the same conditions with the exception that at the end of the term, defendant was to leave the wheaten straw on the premises. A draft lease was prepared and read to defendant; he raised no objection to the terms, and made appointments to execute the lease; this he failed to do. Defendant expressed a wish to give up the estate at Michaelmas 1849, which plaintiff agreed to, but defendant afterwards refused to do this.
Plaintiff then gave him notice to quit, which expired at Michaelmas 1850, at which time defendant quitted the estate. The farm was between 50 and 60 acres, about 30 acres of tillable ground, out of which upwards of 20 acres was in tillage the last year. The premises were left in very bad repair, no grass seeds had been sown, and all the straw had been carried off the farm contrary to the covenant of the lease; and the action was brought to recover damages from defendant for not complying in these respects with his lease.
At Michaelmas, 1848, plaintiff purchased his brother's interest, and in July, 1850, gave defendant written notice to farm the estate in compliance with the lease, and on his quitting at Michaelmas 1850, gave defendant notice to send a valuer to meet Mr. RICHARD THOMAS, plaintiff's valuer, to view the condition of the premises. Defendant did not send a valuer, and Mr. Thomas proceeded to value the dilapidations and a few days after another notice was served on defendant stating the result of Mr. Thomas's inspection of the premises. The barn on the premises was not a good one, and it had been defendant's custom to thrash his corn in a barn on an adjoining tenement occupied by him. Plaintiff offered to build a new barn if defendant would carry the materials, and enter into a contract with a mason and carpenter to do so, but defendant refused to carry out his part of the agreement, and the barn was not built.
Mr. HILL then cited several cases in support of the plaintiff's claim to shew that a tenant holding over after the expiration of a lease and paying rent holds the premises as tenant from year to year, subject to the covenants of the lease, and that the term of the old lease are to be incorporated with the new contract made between the parties.
The plaintiff, and his son, and their hind, were called, and spoke to the arrangement being come to for defendant to hold the estates at the old rent; the notices given to him to comply with the lease and the state the premises were left in by the defendant; that oats had been thrashed in a barn shortly before defendant left the premises.
Mr. RICHARD THOMAS, the land-valuer, stated that on the 30th of September last, he attended at the premises formerly occupied by the defendant, for the purpose of valuing the dilapidations, &c; that he found the estate in the most wretched condition - it was left shamefully bad; that there were three or four gaps left in a fence. He then gave a detail of his valuation which was classified under the following heads:
Amount of repairs of buildings on the said premises, GBP 5.4s.0d; amount of repairs of fences, GBP 10.9s.0d; repairs of gates, GBP 3.14s.0d; loss sustained by defendant carrying off straw, 18 acres, GBP 18. In making his valuation he had made every allowance for the old state of the buildings, and his valuation was what he considered to be fair and reasonable for the defendant to pay.
Mr. Rogers then addressed the court on behalf of the defendant. He contended that the plaintiff was not that kind and just landlord Mr. Hill had described; the defendant had paid all his rent and was obliged to take off the straw from the estate, as the barn was not fit to thrash in, and he had done so for many years by the permission of Mr. Lory. He strongly urged that defendant was not bound by the terms of the lease, and was therefore not bound to seed or repair or to leave the straw. The amounts named by Mr. Thomas were much too high, and it was absurd to leave out ten acres of barley. It was the first time he had heard of excepting reed of wheat in a lease.
The defendant was called by Mr. Rogers, and stated that he had occupied the estate for thirty years, and paid GBP 65 a year for it - had paid all his rent - that he had sent men to repair the fences and the thatch; he left the premises as good as when he took them; he seeded one field but the seeds did not grow; had always carried the corn to MR. ROSKRUGE's farm, the barn was not fit to thrash in on the premises. He should not return the straw unless he were made to.
Two of the defendant's sons and two workmen were called, and stated that they, with others, had been engaged several days shortly before Michaelmas in repairing the fences, &c, &c, the premises were left in good repair. The learned Judge then re-called Mr. Thomas, who stated that if repairs had been made he should have seen them; there were none visible.
-MR. CHARLES ROSKRUGE stated that his father held a lease of an adjoining tenement of plaintiff's; the corn was always brought there by defendant; there was no barn on the premises worthy the name of a barn; the fences were pretty much the same as they are in the neighbourhood; considers defendant a fair farmer; considers it good farming to till twenty out of twenty-eight acres.
-Mr. WILLIAM JOHNS, land-valuer, stated that he went to view the premises last Friday; valued them in 1837 in GBP46, for St. Keverne poor-rate; thought the farm as well managed as any in the neighbourhood; considers the straw worth 7s.6d. an acre and GBP 3 a fair sum for not seeding the ground; he could not state who had put the premises in their present state of repair.
Mr. Hill replied at great length, commenting on the evidence which had been adduced, and confidently submitted that he had established his case; he thought all tenants ought to have the greatest consideration, especially in these days of depression, but he considered if the practice which had been pursued by the defendant were allowed to be followed, it would entail great injury on the agricultural interest, both to tenants and landlords; he urged the jury not to look at the case as a tenant's and landlord's question, but to decide fairly and reasonably between the parties.
The learned Judge then went through all the evidence with his usual clearness and ability, and the jury after half-an-hour's deliberation returned a verdict for the plaintiff, GBP 21.16s. being about half the amount claimed. The trial occupied the court twelve hours.
PENZANCE
The monthly sitting of this court was held on Tuesday last. The number of cases appearing on the list was twenty-three, the greater part of which had been settled out of court. There were also two cases which stood over from the last sittings for his Honor's judgment.
HILL and another V. WEAVER (one of the shareholders in the Penzance Shipping Company)
In this case, which excited a considerable degree of interest, the plaintiffs, who are pilots residing at the Quay, sought to recover from the defendant the sum of GBP 6.18s.2d., the expense incurred in repairing their boat or pilot-gig.
>From the evidence adduced on the part of the plaintiffs, it appeared that the plaintiffs' gig was, in the afternoon of the 21st day of August last, lying near the outer steps of the old pier; that the "DUKE OF CORNWALL" schooner, the property of the Penzance Shipping Company, was then being warped out of the pier for the purpose of proceeding to Mousehole to take in a cargo of stone, but by means of some mismanagement (as alleged) of those on board, ran, or rather fell against the plaintiffs' gig, taking it amidships, and jammed or pressed it against the pier with such force as to cut her in two and sink her.
One of the plaintiffs was on board the gig for some time previous to the accident, and watched the "DUKE OF CORNWALL" until she was warped out to a certain distance, when, thinking his boat ran no chance of being injured by the schooner, he quitted her for about twenty minutes, but on his return he found his boat sunk. The amount sought to be recovered was the actual cost alone expended about the boat in repairing her, the plaintiffs waiving any claim they night have for their loss of the use of their boat for the time occupied in repairing it.
For the defence it was contended that the injury was merely an accidental one, and as such no action could lie against the owners of the schooner; that the plaintiffs had violated one of the rules invariably observed in the piers (it being a tidal harbour, and where great caution was necessary) by not being on board their gig and removing her out of danger, the rule being that all owners of vessels and boats should have some one on board to guard and remove them from any probable or threatened danger, and that parties leaving vessels or boats in an unprotected state did so at their own risk, and inasmuch as the plaintiffs had neglected their duty in this instance, the loss must be borne by themselves.
MR. RICHARD PEARCE, agent to Lloyds, Capt. JAMES BROAD, Deputy Harbour Master, and others, were called on the part of the defendant, and spoke to the strict observance of the rule referred to, and that the plaintiffs' gig, although lying at a place where gigs were sometimes places, was just in the path of vessels going out of or entering the pier, and in a place of danger. It was also attempted to be shewn that the schooner was warped out in a proper manner by the crew of the vessel, assisted by a well-known branch pilot, and his crew; but on the cross-examination of SAMUEL CEELY, one of the pilots, he admitted that one of the warps was so very "greasy" the men could not hold it, and the consequence was the vessel swung around and fell off towards the old pier so rapidly, that supposing the plaintiffs were on board their gig, they could not have removed her out of danger.
His HONOR observed that the evidence fully justified him in saying that negligence had been shewn on the defendant's side, particularly when the occurrence took place in daylight, when the defendant's servants might well have judged their position. That the witnesses for the defendant had confirmed the plaintiffs' witness to a certain extent, the plaintiffs' witness having given his opinion that the vessel was slacked away too suddenly, and defendant's witness having stated he did slack away as quick as he could. He did not think due caution had been observed, and considered that the plaintiffs were entitled to the sum they asked. Verdict for the full amount and costs.
MESSRS. MILLETT and BORLASE appeared for the defendant, and Mr. PASCOE for the plaintiffs.
LADNER V. STEVENS
This case stood over from the last sitting, for his Honor's judgment. This was an action brought to recover the sum of GBP 50, which defendant had received over and above the amount of debt and costs actually due him, in an action which he had brought in the year 1847. The main object to the action was that the plaintiff, being in America, had not the power of suing in the County Courts. However, the learned Judge was of opinion that it did not depend on where the plaintiff resided, but where the cause of action arose; he considered that a plaintiff residing in America could sue in the County Courts, provided he (plaintiff) gave security for costs, and that the practice of these courts should be in conformity with the practice of the superior courts. As security for costs had been given in this case, the judgment was for the plaintiff, for the amount sought to be recovered. Mr. DARKE for the plaintiff.
TOZER and WIFE v. GUNDRY
This was an action to recover a legacy of GBP 20 per annum, claimed to be due under the will of the father of the female plaintiff. [The defence contended the court had no jurisdiction; from the nature of the legacy claimed it necessarily belonged to a Court of Equity.] The annuity in question was made payable out of a certain leasehold property bequeathed to the defendant, and which, at the time of the testator's death, was of greater annual value than the annuity itself. Since his death, some portion of the property had fallen in hand, and the value of the remainder had greatly depreciated. As the value of the property had become lessened, the annuity of GBP 20 should abate in the same proportion as the present rent - the abatement would have to be ascertained, and the fair reduction made by the aid of a Court of Equity.
The plaintiff maintained that the defendant took the property as a bequest subject to the annuity, and having acquiesced therein for several years, by payment of the annuity, he thus made himself personally responsible.
His Honor decided that the Court had jurisdiction, and adjourned the case to the next court, directing the defendant to furnish the court with an account, setting out the rents received from the property, and shewing what surplus, if any, was in his hands for the purpose of paying the legacy.
CORNWALL SPRING ASSIZES (Concluded from our last week's paper)
CROWN COURT - Thursday, March 27
Before Chief Baron POLLOCK
ANN PLEACE, 40, was charged with stealing a silver watch from the person of THOMAS MORCOM PEARCE, on the 11th of March last. Mr. PETER conducted the prosecution. It appeared that the prisoner had induced prosecutor, who was in a half-drunken state, to accompany her to her house in Liskeard, at a late hour in the night, and while there, he lost his watch. The prosecutor stated that it was stolen directly from his pocket; but the prisoner asserted that the prosecutor having no money with him, gave her the watch to pledge. The prisoner was found GUILTY, and a former conviction was proved against her. She appealed for mercy on the ground of her having a husband and two children, and she hoped to be a better woman in future. She was sentenced to Twelve Months' hard labour. The learned Judge severely reprimanded the prosecutor, for his want of sobriety, his immorality, and carelessness of his own property on the occasion when the robbery took place, and ordered his expenses should be disallowed, and also that he should be called on to pay all other expenses of the prosecution which could properly be thrown upon him. It would be monstrous, he said, that the county should be compelled to pay all the expenses of such a prosecution.
JOHN ROBINSON, 26, was charged with having , on the 2nd of March, 1851, stolen a goose, the property of WILLIAM REED, farmer, of Pengreep, in the parish of Gwennap. Mr. ROGERS conducted the prosecution. The prisoner was found GUILTY. He stated that he was an engineer out of employ, and was going to Hayle to seek employment. Sentence, Six Months' hard labour.
JANE ANN ROWE, 15, pleaded GUILTY of obtaining under false pretences, two pairs of shoes, the property of JOHN GILES, of Liskeard, with intent to cheat and defraud the said JOHN GILES. Six Weeks' hard labour.
DANGEROUS ASSAULT ON A GAMEKEEPER - JOHN MOON, 25, was indicted for shooting at WILLIAM TOWLER with intent to prevent his lawful apprehension. A second count charged an intent to do some grievous bodily harm. Mr. STOCK conducted the prosecution; Mr MAYNARD the defence.
Mr. Stock having opened the case, stated that the prosecutor was Mr. GORDON WILLIAM FRANCIS GREGOR, of Trewarthenick, near Tregony, proceeded to examine the following witnesses:
-CATHARINE ROBERTS stated that she lived with her mother and father in Tregony, and knew the prisoner. About eleven o'clock in the evening of the 17th of January she saw Moon and three other men pass by her door going out of the town towards Mr. Gregor's. Moon had a gun with him. He is a woodman. After they passed on, she heard them singing.
-WILLIAM TOWLER deposed: I am a gamekeeper to Mr. Gregor at Trewarthenick. On the night of the 17th of January, I was out watching with HENRY DENNIS, labourer, who was assisting me. We went to Ruanlanihorne wood. About half-past twelve we heard a gun in the woods. We went toward it, and heard several other shots in the same wood. We went into an adjoining plantation, called Pontey's, inside a gate, and remained there an hour. We heard several shots, the last in Pontey's woods. I saw the flash about sixty yards off. We went across the road into Trethewy Wood, and remained there close to the road about ten minutes. I saw four men pass up inside Pontey's. Two of the four men had guns. I knew only Moon; he was one of the two men who had a gun. On their coming out into the road, and going towards Tregony, we came out behind them. A little boy, CHARLES WARNE, aged seventeen, was with Dennis and me. Having got down into the road, we were about fifteen yards from the four men. When they came out of the plantation into the road, we were only about seven yards from them; we were on the hedge of the wood just opposite them, and had full opportunity of seeing their faces. On our getting down into the road, Moon turned round and leveled a gun. I did not say anything to him then. He went on again. I then said, "Good morning, Mr. Moon." He immediately turned round, and leveled his gun at us -at all three of us, I suppose. He fired at where we three were standing close together. Some of the shots struck me round about my clothes; and some of the shots went through Dennis's hat into his forehead. After he fired, he and the other three men went toward Tregony; we did not follow them. The next morning, I gave information to Mr. Gregor; and also went before Mr. Gwatkin, a magistrate.
Cross-examined: We did not follow them because we did not have a gun with us, and they were four, and we but three. Before we went into Pontey's plantation, I had heard six or eight guns fired in Ruanlanihorne wood. I did not know any of the other men. Afterwards, the moment I uttered his name, he turned round and fired at me; he was then about twenty-five yards off. The shot came all about me, but I don't know that they penetrated my thick coat. The prisoner lives in Tregony; he is a married man with children; I know him. I had seen Moon three times this season at unseasonable hours and near the wood with a gun. The wood is more than forty acres of cover. I tried to find the men when I heard the firing in the Ruan Wood, but could not find them. I did not recognize Moon till he was out in the road. It was then about two in the morning; I can't say exactly, but when I came into my house, after Dennis was shot, it was three o'clock. I have been gamekeeper and game assistant for twenty-five years. I have not seen the other three men since; Dennis knew them, I believe. I believe they have absconded.
Re-examined: It was very bright moonlight. I had full opportunity of seeing Moon's face, and am quite certain of him. He advanced first of the party.
-HENRY DENNIS deposed that he was a labourer living in Tregony, and accompanied William Towler on the night of the 17th of January. This witness corroborated the evidence of Towler. Dennis also stated that some of the shots went through his hat, and hit the skin of his forehead, making it bleed. On Christmas eve twelve months, at Bawden's public-house in Tregony, Moon sat down beside me, and said, "Harry, I understand you go out by night." I said, "Yes, I do; but I am paid for it." He said, "D..n the man who ever comes near me by night; if I meet with you, I will blow your bloody head off."
-CHARLES WARNE, nephew of Towler, aged about seventeen years, was also out with him on the night in question. He partly corroborated the previous evidence, and added that he was struck by some of the shot. He himself could not positively swear to Moon being the man who fired; but as soon as the four men came out of the gate, Towler and Dennis both said, "That is Moon."
-MARY GILL, wife of JOSEPH GILL, at the Red Lion Hotel, Truro, stated that after ten o'clock on Saturday, the 18th of January, Moon came into the Red Lion Tap. There was a man with him who had a bag. Moon asked to be allowed to leave the bag there, and she told him to put it in the inside room. He did not tell her what was in the bag, but it appeared full. He afterwards told her that he had some pheasants to part with; but he did not say they were in the bag, nor where they were.
-JOHN PEARCE, postboy at the Red Lion Hotel, stated that he saw Moon at the Tap on the morning of the 18th of January. He said he was a gamekeeper under Mr. Gregor, but if he were a poacher, he would shoot any man who came near him at night.
-WILLIAM WOOLCOCK, Truro, policeman, proved that on the 18th of January, he had a warrant for the apprehension of Moon, and went to his residence at Tregony, but could not find him. It was not till the Wednesday week following that he was apprehended.
-For the defence, Mr. MAYNARD addressed the jury, suggesting that the evidence ought not to satisfy them that Moon was one of the four men; and next, that even if the evidence as to identity was satisfactory, there was no proof as to the intentions imputed to him in the indictment. After a careful summing up the Jury found the prisoner Guilty on both counts.
There were two other indictments against the prisoner - one for shooting at Henry Dennis, and the other for unlawfully entering inclosed land on the 17th of January last, with the other three or more men, with intent to destroy game. No evidence was offered on either of these indictments. The JUDGE asked why there were two indictments on this one transaction. He could understand, if a prisoner was charged with several offences all distinct, why a reasonable number of indictments should be sent up; but here there was but one act. He could not allow the expenses of the prosecution.
On Saturday the prisoner was placed at the bar to receive sentence. On being called on by the Clerk of Arraigns, he said, "I have a few words to speak; I hope and trust your lordship will have mercy on me; I have a wife and three small children." The JUDGE said, you have been found guilty of the offence of shooting with intent to do grievous bodily harm. There were some circumstances that occurred in the course of your trial which induced me to direct inquiries to be made, and which have turned out satisfactory. In the course of the trial I entertained some doubt whether you did really intend to do any mischief; and from the report I have had, my doubt as to the mischief you intended to do has been very much increased. You were breaking the laws of your country, and invading that which was the property of another, which did not belong to you; still with reference to the commission of that offence, the probability is that you would not have a charge in your gun which would do grievous mischief at the distance at which you fired; and I am willing to believe that though the offence of which you are guilty calls for punishment, that you did not intend to do the serious mischief that might have resulted from firing at persons with materials to do great mischief. The sentence of the court is, that you be imprisoned for Twelve Calendar Months, and kept to Hard Labour.
WILLIAM HARRIS, 25, pleaded Guilty of having, on the 25th of January, obtained by false pretences, a quantity of beef, beer, and bread, from GEORGE DANIEL, eating-house keeper, of Truro. Three Months' Hard Labour.
EMILY BERRYMAN pleaded Guilty of stealing, on the 18th of November last, at Uny Lelant, a cotton gown, the property of NANNY MORSHEAD. Two Months' hard labour.
WILLIAM MATTHEWS, 19, pleaded Guilty on two indictments - one charging him with having stolen a pair of trousers, the property of ROBERT VERCOE, at Truro, and the other charging him with stealing a calico shirt, the property of SAMUEL MUGFORD. Six Months' hard labour.
EDWARD SLADE, 50, was charged with stealing, on the 3rd of January, at St. Austell, a brass minute wheel of a clock, the property of HENRY ORCHARD, watch and clock maker. Acquitted.
MARY CLEMOW, 19, was found Guilty of stealing on the 10th of March, a gown, the property of MARIA TREBILCOCK, a servant in the employ of MR. WILLIAM ROBERTS, of Cragoes-farm, in the parish of St. Columb Minor. Sentence, One Month's hard labour.
WILLIAM SAMUEL COOPER, 31, was indicted for obtaining 5s. from JANE GILL, servant to JOHN ADAMS, of Redruth, by falsely pretending to her that a parcel he gave her contained 2 lbs. of tea. Mr. COLERIDGE conducted the prosecution; Mr. COLE the defense.
-ELIZABETH ADAMS, wife of John Adams, stated that the prisoner, about two or three in the afternoon of the 16th of January, came to her house and offered to sell her 2 lbs. of tea for 5s. She agreed to take it; and he told her to send to the London Inn for it. She sent Jane Gill with five shillings to get it. Jane Gill quickly came back with a packet containing saw-dust. That packet she sent to the constable by Jane Gill.
On Cross-examination, witness stated in was in consequence of the prisoner's representation to her that she sent the five shillings.
-JANE GILL, dressmaker, corroborated the preceding evidence, and, on the production of the parcel in court, identified it, and pointed out the ingenious mode of packing which enabled the prisoner to show her some good tea by breaking the outer paper. The whole quantity of tea was about two spoonfuls.
-Mr. Cole, for the defence, submitted to the court that the false pretence charged was the obtaining money from Jane Gill with intent to defraud Elizabeth Adams; but, as he contended, the false pretence proved was made to Mrs. Adams. The learned Judge, without hearing Mr. Coleridge, overruled the objection, observing that for aught that appeared, there was no false pretence to Mrs. Adams - that, in fact, it was quite possible he had with him, a stock of tea, and that if Mrs. Adams herself had gone to the Inn, he would have delivered to her good parcels of tea; but that, when a young girl came to him, he falsely pretended to her that the parcel he gave her contained nothing but tea, whereas nearly the whole of it was sawdust. Mr. Cole then addressed the jury, and suggested in favor of the prisoner, a doubt arising from evidence that another man was with him at the time of his calling on Mrs. Adams. Verdict, Guilty. Sentence, Fifteen Months' Hard Labour.
JOSEPH LONG, 30, was charged with having, on the 17th of January, uttered and passed several pieces of counterfeit coin, purporting to be sixpenny pieces, to different persons at Redruth. The prosecution was conducted by Mr. Moody and Mr. Stock. Evidence was given of utterance of counterfeit sixpences on four occasions during the day named; and it was stated that there were three other cases; but the Judge did not think further evidence necessary. Constables TREGONING and HODGE produced three sixpences received from the parties to whom they had been passed by the prisoner; and Tregoning proved that he found at prisoner's lodgings, some plaster of paris, a file, a razor, a piece of clay, a piece of old wire; two good sixpences, and 5 1/2 d. in copper. SAMUEL HOCKING, watch-maker, proved that the coins produced were all of base material; and that plaster of paris was used for making models. Verdict, Guilty. Sentence, Eighteen Months' hard labour.
SHEEP STEALING - JOHN RICHARDS, 23, a young farmer, was charged with stealing, on or about the 21`st of November, at Polladras Downs, in the parish of Breage, two ewes, the property of JONATHAN PELLER. Mr. Holdsworthy conducted the prosecution, and Mr. SLADE the defence.
-JONATHAN PELLER deposed: I live at Polladras Downs, in Breage. On the 21st of November I missed two ewe sheep from those Downs; one of them had been on the Downs five years, and the other two years. I made diligent inquiry, but could not find them until the 12th of March. On that day I went to Mr. HOSKIN's, at Crebor, with my mother. I saw a good many sheep there and recognized my two ewes. The old ewe had a slit in her right ear, one black spot, and a dark face. The young one had a slit in the right ear, and three black spots in the same ear. On the 12th of March I saw prisoner at Mr. Hoskin's, and Mr. Hoskin, in his presence, said he bought the ewes of him (Richards). Richards said he had reared them. On Sunday the 16th of March I went with the constable SAMPSON to Hoskin's, and he took the ewes in custody; and on the following day they were produced by Sampson before the magistrates.
Cross-examined: I had four sheep on the common. I don't know how many sheep were there; not more than a score I should think. There were other commons adjoining; but the sheep were kept on one common. The sheep were mine, and not my father's; they were given me by my brother; I am a miner. When I was at Hoskin's, the prisoner continued to state that the sheep were his.
-MARY PELLER, mother of prosecutor, and who had been accustomed to see the ewes, corroborated his evidence; as did also THOMAS HOSKIN, farmer of Crebor. Mr. Hoskin also stated that he lived about a mile and a half from Peller. On the 10th of December, he bought six ewes of prisoner, and one afterwards. After Pellar had, on the 12th of March, owned two of the sheep, he (Hoskin) insisted on the prisoner's taking back the four other sheep. The remaining two, that had been claimed by Peller, witness kept, and afterwards delivered them to Sampson, the constable.
Cross-examination: He lived about a mile from prisoner, who lived with his father-in-law. Had known the prisoner from a lad and never heard any thing against him. The sale on the 10th of Dec. was openly done, and witness gave more for the ewes than he would if he had to buy them again. He turned them out into the field publicly, the prisoner not objecting to that course. When Peller came to inquire about the ewes he and witness had a dispute about the mark; witness had had the ewes for months and could not see any marks on them.
By the Judge - Peller did not say anything about the marks before he saw the sheep.
-WILLIAM SAMPSON, constable of Breage, deposed: I apprehended the prisoner on Saturday the 15th of March at Penzance. I found him in an upstairs room at the house of JAMES ROWE. I found the prisoner in the window place, where he appeared to be trying to get out. The window was partly open. I held my staff over his head, took him by the collar, and told him he was my prisoner. He gave a sigh, and said "I suppose I must go with you." On going down stairs, he said "Lord, have mercy upon me; what shall I do?" Just as he came to the foot of the stairs, he made a desperate leap and attempted to rescue himself, the outer door being about five feet from the foot of the stairs. I then caught him and threw him into the kitchen. I then got assistance from the Penzance policeman, and we took him to the station and handcuffed him.
Some time afterwards, in passing through Breage, I having occasion to keep two other persons in custody, the Penzance policeman alone took prisoner in custody, and in a short time I heard a cry "Stop thief." I looked back and saw the prisoner running, with his handcuffs on, and the Penzance policeman and others running after him. After he was caught, I proposed to have the prisoner and his uncle Rowe handcuffed together. About a mile and a half out of Penzance, on the way to Breage, prisoner said "I shall be forced to leave this country; I shall never see this country more; do you think I shall?" I made no reply. About four o'clock on the Sunday morning, I gave him in charge to the Helston constable, CHAPPEL.
Cross-examined: I and Richards had previously had a dispute about a sheep.
-RICHARD CHAPPEL, constable of Helston: The prisoner was given into my custody on Sunday morning the 16th of March about four o'clock. While I had him in custody he asked me if I knew how many were coming against him. I told him I did not know. He then said "I may as well plead guilty as innocent; I am sure to be transported; it is a bad job."
-JOSEPH JAMES: I live at Penhale in Breage, near the prosecutor, and have very often seen his two ewes. I saw them before the magistrates on the 17th of March, and knew them to be the prosecutor's.
-THOMAS SIMMONS: I live at Polladras Downs. I was before the magistrates on the 17th of March, and saw two ewes produced. I knew the old one by its marks and features. She had been mine for five years before June last, and I sold her to JOSEPH PELLER the father of JONATHAN PELLER, the prosecutor. Since that I have seen her frequently on Polladras Downs.
Mr. SLADE addressed the jury for the defence. He alleged that there was an insufficient proof of identity of the sheep, and of felonious intent on the part of the prisoner, urging that the question was one merely of mistake or disputed right as touching sheep wandering over extensive commons, together with others belonging to various owners. Mr. Slade also spoke of the good character prisoner had received from one of the witnesses for the prosecution. The learned Judge carefully summed up, and the jury returned a verdict of GUILTY.
There were five other indictments against the same prisoner; but they were not proceeded with. On Saturday the prisoner was placed at the bar to receive sentence, and the Judge addressed him as follows: John Richards, you have been convicted of sheep-stealing, and under circumstances which leave no doubt whatever that not only on the occasion in question, but on several others, you were guilty of the crime of sheep-stealing, and you appear to have availed yourself of a respectable condition in life to commit crimes under the cover of that respectability. The charge on which you have been convicted is only one of several against you which remained to be tried; and the circumstances disclosed at the trial leave no doubt that the occasion which led to your detection and conviction was only part of a general system of depredation. The sentence of the court is that you be Transported for a period of Twenty Years.
JOSEPH ____, 20, a man of colour, was indicted for stealing, on the 2nd of February, a pair of boots, the property of WILLIAM SAMMELS, a labourer, at the parish of Antony. Mr. Slade conducted the prosecution. The case was clearly proved by the evidence of prosecutor and a police constable, and by the prisoner's statement before the committing magistrates; and, nothwithstanding the prisoner's statements, enforced with much action: "Me no sabe tell lie - God Almighty give me true, massa me bought the boots, massa - me paid one shilling - me no teef, massa," the jury found him Guilty, and he was sentenced to Three Months' hard labour.
WILLIAM JOHNSON, 17, was charged with stealing, on the 4th of December, at Callington, from the person of HANNAH ROGERS, a five shilling piece. Mr. Cole conducted the prosecution.
-SAMUEL ROGERS stated that on the 4th of December last, he gave his wife a five shilling piece to go to market with, and that he observed it had a bulge mark on the head.
-HANNAH ROGERS stated that she put the five shilling piece in a purse, which she put in her pocket. She went to market to purchase some articles, but did not use the five shilling piece. She afterwards discovered that she had lost her purse and money from her pocket. She had not even seen the prisoner for the day.
-BULLEN, constable of Callington, in consequence of information that the prisoner had picked Mrs. Roger's pocket, prsued and apprehended him. He denied having any money; Bullen, on searching his pockets, could not find any, but on searching his hat, found a five shilling piece inside the lining.
-ELIJAH NOTWILL proved that he saw prisoner near Mrs. Rogers near the butter-market, and also corroborated the constable's evidence of the apprehension of prisoner and discovery of the coin. The prisoner was found Guilty, and was sentenced to Nine Months' hard labour.
A SINGULAR CASE - HENRY RUNDLE was charged with having on the 9th of October, at the parish of St. Mellion, feloniously stabbed JAMES RICKARD, with intent to murder him or do him some grievous bodily harm. Mr. MAYNARD for the prosecution; Mr. SLADE for the defence. Mr. Maynard stated that the prisoner was a domestic servant of the Rector of St. Mellion, the REV. GRANVILLE CORYTON, and had formed an attachment to a fellow servant named MARY ANN JASPER, and in consequence thereof was jealous of the prosecutor Rickard, to whom he supposed Mary Ann Jasper showed more encouragement.
It happened that on the 9th of October, Jasper went to Callington on her master's business, and was returning in the evening with some articles she had purchased in a donkey cart, and accompanied by Rickard, with whom she was walking behind the cart. As they approached St. Mellion, the woman, being rather fatigued, got into the cart, and Rickard walked behind. While thus proceeding, they were met by Rundle, between whom and Rickard a conversation took place, which led to the assault now complained of. Mr. Maynard concluded his statement by saying that, on the day afterwards, the Rev. Mr. Coryton, from laudable motives, endeavoured to make peace between the parties, and, being aided in this effort by other persons, Rickard was induced to accept a money compensation from Rundle, and to make it up with him. But, notwithstanding that arrangement, when the matter came before the magistrates, the prosecutor was bound over to appear here and give evidence, and he had now appeared in order that he might not forfeit his recognizance.
-Mr. Maynard called JAMES RICKARD, who thus stated the particulars of the assault. As we (Mary Ann Jasper and myself) got about one and a half miles from St. Mellion, we met Henry Rundle. As I walked with him, I said, "Henry, what have you said about me?" He answered, "Nothing." I said, "I understand you have said a good deal; you had better keep a civil tongue and have nothing to say about me." Then he gave me a shove and said "I'm not afraid of you." Mary Ann said "what are you quarrelling about now?" I said, "Rundle, you came on purpose to kick this up." He then said again, "I don't care for you." and gave me another shove. I had a little stick in my hand, and I placed it against his hat, and said "If you do that again, I'll give you a rap in the head." At that, he made a blow at me, as I thought with his fist; but I found he had stabbed me in the breast. Mary Ann said, "what's the matter now?" With that, Rundle turned round towards me, and I said "go on, it's all right." I could not pull the dagger out of my side, and I walked back to JOHN GRYLLS's home, and John Grylls pulled out the dagger. The extent of the wound was about five or six inches. I have received GBP 5 from the prisoner's friends to compromise the matter; and I shook hands with him the next day.
The learned Judge here addressed the Counsel for the prosecution on the subject of the compensation; and the result was that the learned Counsel declined to offer any further evidence, stating that after the arrangement made between the parties, the only object in bringing it on was to save the recognizances. The learned Judge, after speaking of the distinction in respect of the alleged compromise, between this case and one of robbery, sanctioned the arrangement, and directed a verdict of Acquittal.
A HINT TO MAGISTRATES - On returning the last lot of bills, the Hon. G. M. FORTESCUE, as foreman of the grand jury, said he begged to draw his lordship's attention to the fact that there were eight bills relating to one prisoner. These had delayed the grand jury a very long time, and probably would put the county to very considerable expense. The Judge said he had already that day remarked on a similar case. If on a man's being apprehended it turned out that he had committed ten or twenty offences, there was not the slightest reason why he should be indicted for them all. Some judicious selection should be made on the leading cases, to be brought before the grand jury. So again, if there was one transaction, it ought not be divided into several offences, and charged in many indictments.
He had observed that morning, that in a case where a gun had been directed against several persons, there was an indictment for shooting one person, and then for shooting another. Mr. Fortescue asked if it was in the province of the grand jury to make such a selection as his lordship had suggested. The learned Judge said no, certainly not; it should be made by the committing magistrates, or by the magistrate's clerk, or whoever takes on him to conduct the prosecution.
FRIDAY, MARCH 28
JAMES TREGONING, 25, pleaded Guilty of having broken and entered the dwelling-house of JOSEPH COAD, at Lanhydrock, and of stealing three bundles of clothes, a watch chain, knife, and sevenpence, the property of WILLIAM and JOSEPH COAD. He also pleaded Guilty of having been formerly convicted of felony. Eighteen Months' hard labour.
JOSEPH PONISI, 20, was indicted for feloniously assaulting JOHN VENTON on the highway, stealing from his person, and immediately before and after the robbery using violence. MR. COLLIER was for the prosecution, and MR. COLE for the prisoner.
-JOHN VENTON, the prosecutor, stated that he was a tin streamer, lives near St. Austell; was in that town on the 1st of February; was in Mrs. BOASE's public house from nine to eleven that night. Prisoner was there and asked me to change a sovereign. I took out money for that purpose. He then said it did not matter, and I put the change in my pocket again. I had been drinking that night. I left Mrs. Boase's about eleven o'clock. Had missed my brother in the town, and prisoner said he would show me the way to my brother's house at Truan, some distance from St. Austell.
When we had got a little way from Mrs. Boase's another man came out of a passage. We three went down the Mevagissey road to St. Austell Moor. I said we had gone too far down for the road to Truan. The other man then said "Joe I twig the move," and prisoner then knocked me down, and kicked me; prisoner took threepence from me, saying he would have my money or my life. He took the money out of my left trouser's pocket; the other man helped to search my pockets. The money I showed at the public house I had put in a pocket up under my arm; they did not find that pocket, but searched all the others. When prisoner said "I'll have your money or your life" I screeched "Murder" and ran towards the river, and then met the policeman.
Cross-examined: My brother and I had drunk three pints of beer that night; I was not drunk; after leaving Mrs. Boase's, met a young woman, but did not go with her. She said "Good night" and I said, "Good night, my dear."
Re-examined: I changed my money to my side pocket after I was knocked down.
-CHARLES TALLACK, farmer, St. Austell, saw the prisoner and prosecutor going on the road together; afterwards when near the limekiln, heard a person screeching "murder". On going towards the spot saw prisoner and a man with a white jacket.
Cross-examined: Prosecutor was very tipsy when I saw him pass with prisoner; prosecutor could not walk straight.
-JOHN WESTLAKE, policeman, was at Western-hill near St. Austell on the night in question; another officer named SAMBELLS was with me; met the prosecutor in a very excited state; he called out "murder". He was bleeding from the upper lip, and was wet above the knees. From the description he gave of the robber, I apprehended the prisoner on the following morning in bed. Prisoner said he knew nothing about it, he had not been down that way for the night. He asked what time it occurred; I said just before twelve o'clock; he said he was in bed long before that. I took him to the lock-up. Venton came in and said "that is the man that robbed me, I'll swear to him". Prisoner said "I never saw you before." Prisoner afterwards said prosecutor had asked him the night before to put him on the road to his brother's at Truan; but he knew nothing about the robbery. He said he had met Tallack.
Cross-examined: Venton had been drinking, but was not drunk.
THOMAS SAMBELLS, policeman: After the prisoner was committed, and I was locking him up, he said, "It was not me that did it, it was MATTHEWS." He said he heard the noise and ran down to see what it was.
-MR. COLE, for the defence, contended that prosecutor was assaulted by Matthews because he interfered with the woman he met; that he was drunk at the time and did not know what he was about; that prosecutor was needlessly frightened; and that in fact no robbery was attempted; if it had been he could scarcely have succeeded in shifting his money while on the ground, with two men upon him. Verdict, Guilty of Assault; not guilty of robbery. Sentence, Four Months' hard labour.
SENDING THREATENING LETTERS - WILLIAM BARTLE, 33, was indicted for feloniously sending to JAMES RANDLE, in the parish of Cury, a letter without any name, threatening to burn a certain house and other buildings, and a certain stack of corn, his property. Mr. MOODY and Mr. COLERIDGE appeared for the prosecution, attorney, Mr. HILL; Mr. SLADE for the prisoner, attorney, Mr. PLOMER.
Mr. Moody said the prisoner was indicted for a very serious offence, and the case would require considerable attention on the part of the jury. To prove the case he should have to satisfy the jury that the letter set out in the indictment was sent by the prisoner to the prosecutor; and that it had, and was intended to have, the meaning attached to it in the indictment. It seemed that the parish of Mullion had been for nearly two years the scene of fires supposed to have been voluntarily committed, and that persons there had also been the subject of letters threatening fires.
It seemed likewise that the object of attack and hostility in regard to these fires and threatening letters, had been the family of MR. THOMAS, especially Mr. JOSEPH THOMAS, of Trevitho, and the persons connected with him. The circumstance that connected Mr. RANDLE, the prosecutor in this case, with Mr. Joseph Thomas's family, was this - that Mr. Joseph Thomas had a son also called Joseph, and that he was engaged to be married to Mr. Randle's daughter. Mr. Randle lives within a short distance of Mr. Joseph Thomas; he is a farmer occupying property there; and on the 25th of May, 1850, he received the following letter: (We give the letter with the faulty orthography, &c.)
"Respected Sir I have thought it my duty to write A few lines to you concarning the poor ould Joe Thomas famley Tevitho Sir you have heard About the proceedings of the Thomases family to be bad and still going worse the old Joe have taken the Golrodger farm for his son the long face Joe in A very durty improper way and he is not to keep it but this one year at Michaelmas next to geive it up or else trust to what to come the have two months two consider and be decided if the have resolved through pride and poverty to go on as there going in ten years time there will not be A Trevitho thomas left with one Grote
it have being understood that you Sir is very favorable for the long face Joe to have Golroger that he may marry your Daughter but remember Sir if your Daughter Go on Golroger farm better she was never borne and you and your famleys will share the same fate with the trevitho Thomases we have resolved that every one that is connected in putting them on Golroger farm shall suffer A like
you are welcome to settle your Daughter and the poor Joe in your own parish Cury or any other place you think proper but on Golroger the shall not go and for your comford the less the come to Mullion the better for their good."
Mr. Moody explained that "long faced Joe" in the above letter meant a son of Mr. Joseph Thomas, of Trevitho, and that this son had taken the farm of Colroger some time before, of the brother of Mr. Joseph Thomas, senior, namely WILLIAM THOMAS.
Mr. Randle, receiving this letter, with a full knowledge of what had been going on in the parish, could attach no other meaning to it than that he was threatened with the same malignity and revenge that had been inflicted on the Trevitho Thomas family - which was, to have his property burnt by fire.
Mr. Moody went on to state that at the prisoner's lodgings when he was apprehended, a letter was found in the same handwriting as the letter that had just been read, addressed to the same person, and sealed ready for delivery. Mr. SLADE objected that it was not competent for his friend to explain a letter which was the subject of the indictment, by another letter which was found some months afterwards. The learned Judge asked if the second letter was in the same handwriting as the first. Mr. Moody replied that he should prove it to be so. The Judge then decided that the case should proceed.
Mr. Moody then read the following letter, which had been found at prisoner's lodgings when he was apprehended:
"Sir, patience and perseverance surmount difficultes, and you as a man will be placed in those difficulties which you never yet experienced in life if you don't look well at home, you have heard of the fire which happened at prisk not long since to Mr Skin flent yet there have been no change taken place in the thomas family in respect to the golroger form the appear to be so headstrong as ever. Let them go on there are greater preperations making now than ever yet have being for the distruction of the Old Mr. bluebritches and the long face bluebritches and all the familys connected with Mr. bluebritches family did you heer of Mr. bluebritches shot in the pulpit in Cury chapel phraps you did A narrow escape for his head Sir we have understood that the long face joe do sleep at your house when he come a curting two your daughter Afraid to goe home if ever its known from this time that you shilter joe Thomas the young bluebritches in your house all night aney mure while he remain on Golroger form you will have your house and property burnt and in flames while in your bed and if ever you leive your Daughter go on Golroger form you and your sons and family will share the same fate with Mr. Bluebritches."
Mr. Moody explained that "skin-flint" referred to in the above letter was another of the Thomas's, and that "blue-britches" was a nick-name that old Mr. Thomas was known by. The learned Counsel said he should show that the first letter was sent by the prisoner, by putting in the witness-box the man who wrote both letters for him, and left them in his possession; and he should trace the first letter as having been sent by post to Mr. Randle, the prosecutor.
The person who wrote the letters for prisoner might be considered an accessory before the fact; still, his evidence was admissible; directly he was taken into custody, and wrote, the resemblance of his writing to that of the threatening letter referred to in the indictment, as well as the other that had been read, was so manifest that there could be no mistake about it.
Mr. Moody proceeded to speak of other circumstances of suspicion against the prisoner - the coil of safety-fuse found at his lodgings, which might be used to set fire to premises, and that prisoner being a shoemaker could have no use for such an article; also the story he told CHAPPLE, the constable, about a letter that had been put under the latch of his door; the identity of a wafer seal belonging to prisoner with the seal of the threatening letter found at his lodgings; and evidence of declarations by prisoner hostile to "old Joe Thomas." These particulars are more fully detailed in the following evidence:
-JAMES RANDLE, examined by Mr. Coleridge - I am a farmer at Colvennor, two miles from Trevitho. In May last I received a letter by the post; kept it for several weeks then gave it to the Rev. Mr. PETER, a magistrate. Had heard of the fires at the Thomas's, at Trevitho. After receiving the letter I felt apprehensive my premises would be burnt as the Thomas's had been.
Cross-examined by Mr. Slade - What part of the letter makes you apprehensive your premises would be burnt?
Witness - On receiving the letter I was apprehensive.
From what part of the letter? - I can't say any more about it than that.
(The learned Judge told the witness he must answer the question, and state what made him apprehensive.)
Witness then read the letter aloud, and said the words that made him apprehensive were "You and your family shall share the same fate." This he considered meant that they should if his daughter went to the Colroger farm.
Prisoner lives about a quarter of a mile from me; up to the time of these charges I never heard any accusation against the man; did not believe him guilty until he was apprehended. There was a large reward offered (two hundred pounds) for the discovery of the parties who sent the letter.
Re-examined: Joseph Thomas, son of Joseph Thomas, of Trevitho, I rather think is engaged to marry my daughter; Joseph Thomas, jun. occupies Colroger. The Thomas's of Trevitho are the Thomas's who have had fires on their premises.
-STEPHEN THORNTON - Am a sergeant in the London detective force; was sent down by the Secretary of State to Mullion to investigate some matters going on there; was there three days previous to prisoner's apprehension. on the 9th of November last. I searched his premises at his brother's shop, at a hamlet called Whitecross in the parish of Cury. Prisoner's brother is a shoemaker; prisoner lodged with him, and worked for him at that time; found in the shop a sheet of paper and an envelope in a book where prisoner kept his memorandums. As far as I recollect prisoner claimed the book, and some of the papers taken from it he endeavoured to snatch from me.
I found in a box something like a coil; did not know at the time what it was; have since been told it was safety fuse used by miners; I took it from the box and also some coarse powder which was in the box. This box was in the shop, not more than a couple of yards from where the prisoner was sitting when apprehended. I followed the prisoner, and asked him if the safety fuse was his. He denied any knowledge of it, and so did his brother and the other who was there. I believe the box was open to them all.
Prisoner was taken by constable CHAPPEL into the dwelling-house. I found in a room which prisoner acknowledged was his bedroom, some papers and memorandums; found in his box a letter directed to Mr. Randle, Colvennor, Cury. Found in prisoner's pocket, after he came down stairs, a small piece of sealing-wax, and a pencil case with a wafer seal at the end. (Pencil case produced.)
The letter was in an envelope, and the seal on the envelope was unbroken. I did not open the letter at the time, but from what Chappel, the constable, told me, I afterwards opened it. I tried the seal of the envelope very carefully at the time, and believed the impression to have been made by the seal I took from prisoner. I found in a room below two sorts of paper and two sorts of envelopes. The two sheets produced (the yellow sheets) correspond with the paper of the letter sent to Mr. Randle, and charged in the indictment. The paper is of the same quality, has the same water-mark, and a little flower on the stamp in both cases. Also compared other paper (blue) found in the room below, with the threatening letter found in prisoner's box, and the two corresponded. The sealing-wax I found on the prisoner is of the same inferior quality as that with which the threatening letter found in his box was sealed. (The paper, letter, seal, sealing-wax, and impression on the envelope were examined by the Judge and Jury.) I afterwards took HODGE into custody, and he confessed that he had written these letters.
Cross-examined: Was down to Mullion before when HENDY was in custody; passed for a mining adventurer. Do not know how many shops in Mullion sell paper. When I apprehended Bartle, he seemed very quiet; said he would stop and finish his shoe.
-RICHARD CHAPPEL, constable at Helston, had Bartle in custody; had some conversation with him on the 9th of November, the evening he was apprehended. He said "see what people do by sending letters; I was out last night till half-past eleven o'clock; when I came in I found a paper at the latch of my door; I took it down, and it was a letter in brown paper tied round with rope-yarn; it was directed to Mr. James Randle, Colvennor, Cury, whoever finds this is particularly requested to carry or send it;" he said,"I untied the rope-yarn; it was sealed and directed to Mr. James Randle, Covennor, and I put it in the "skibbet" of my box."
He then said, "do you know whether the Serjeant found it; if you had not apprehended me, I should have carried it or sent it this afternoon." I told him the Serjeant had found a letter; whether I told him first or afterwards I do not know.
-JOHN NETTING, a miner, explained in what way the safety-fuse was used. It is not sold in common shops.
Cross-Examined: it would not set fire to wood, but would set fire to hay or dry furze; it burns regularly.
-THOMAS THOMAS, lives near Mullion; has known the prisoner a long time; saw him last harvest in a field; PHILIP WYATT the parish clerk was there. Wyatt said to others in the field, "what ought to be done to the man that set fire to the corn at Trevitho, the man that did it ought to have been burnt in the flames." Prisoner turned round and said "Thee know'st nothing about that." Prisoner and I went afterwards to another part of the field; prisoner then said "If I were to see all Thomas's corn on fire, I would not put that hand to save it."- holding out his right hand. About a week after this, there was some conversation about the fires. I said, "what can the parties that burnt Priske have against Mr. John Thomas?" He answered, it was not against Mr. John Thomas, of Priske, only, it was against Mr. Joe Thomas, of Trevitho; the parties that have done this, he said, will do more yet; he would not enter the family of the Thomas's on any account. I then said, if it was against Mr. Joseph Thomas's family, Mr. Randle of Colvennor, and Mr. Hendy, of Polgreen, were as liable to be burnt as Mr. John Thomas, of Priske." He said, any one that enters that family would be as liable to it as they; it would make no difference if it was for ten years to come. I made the remark about the other families, because I understood that Mr. Joe Thomas's son was courting Mr. Randle's daughter, and that a younger son of Mr. Thomas, of Trevitho, was courting a daughter of Mr. Hendy. I cautioned Bartle to hold his tongue. I told him to say no more about it, that Mr. Hendy had transported himself by his own words, and I would advise him to say no more about it. He said if any one came into the shop to arrest him, he would knock them down with the "kelvy" or some other thing.
Cross-examined: Mentioned these things to my wife, and to John Thomas, of Priske. Do not get drunk often.
By Mr. SLADE - Did not Bartle say to you, it is the opinion amongst the better-most people that Mr. Thomas had set fire to the property himself?
Witness - I believe he did.
What did you say?
I said I had not heard anything like that.
Witness further said that since he had been to Bodmin, Mr. MILLS (clerk to Mr. Hill, attorney for the prosecution) had told him what he had stated before the magistrates at Helston.
The next witness was Hodge, who had been admitted as Queen's evidence, after he had confessed to writing the letters for Bartle, the prisoner.
-JOHN HODGE, a labourer in the parish of Gunwalloe, adjoining Mullion and Cury; had been intimate with Bartle the prisoner four years; lived close to him; had occasionally spent Sundays with him. He has asked me at different times to write letters for him. By Mr. Coleridge - Is that letter (the letter sent to prosecutor) in your handwriting? Witness - Yes, I wrote this from Bartle's reading; he had it written on a slate. When I had written the letter I gave it back to him; he put it in an envelope and I directed it.- Did you also write that? (handing another letter, the one found in prisoner's house.) Witness - Yes, that one was written on a book, I also directed the envelope for the second letter and gave it to Bartle. The last letter was written about a week before our feast (the nearest Sunday to the 4th of November.) This was a fortnight before I was apprehended.The first letter, I believe, was written some months before. I was apprehended with Bartle, and now come from the gaol.
Cross-examined by Mr. Slade: When I was apprehended, they asked me to write; I did so, and they said it was the same handwriting as the letters.
Did you not remonstrate with Bartle for writing those letters?
Witness - I mentioned it to him at times; he appeared to have a revenge against the Thomas's.
Did you not know that Hendy had been transported for doing the same sort of thing?
Not when I wrote the first letter; I mentioned it to him on writing some of the letters.
What did he say? (No reply.)
Before you were arrested did you ever tell any living soul about the hand you and Bartle had in it?
No.
Did you know there was a reward of GBP 200 offered?
No.
Have all your family gone to Australia since the fires?
Yes.
Had you an intention to follow them?
Yes.
Witness further said he had been examined by Mr. Hill and his clerk before he went before the grand jury. Prisoner, he said, was a lively and amusing man, and amused his neighbours with singing. Witness said he was apprehended on the Saturday, but said nothing about confessing until the Monday.
Re-examined: I was first asked by the jailor whether I was willing to be a witness, and then these two gentlemen examined me. The letter spoken of was written on a Sunday in the shoemaker's shop; nobody was present but myself and prisoner; I wrote a letter before this that I wrote to Randle.
By Mr. MOODY - What reason did he give for asking you to write these letters?
Witness - Because he said his handwriting was known. When I began writing the first letter, I did not know for what purpose it was; when I came to a certain place in the letter I stopped, because it was language I did not like.
-JOSEPH THOMAS, the younger, son of Mr. JOSEPH THOMAS, of Trevitho - am engaged to Mr. Randle's daughter. I occupy Colroger farm; have occupied it twelve months last Michaelmas; my uncle is the landlord; I have heard of my father being called "blue-breeches." "Long faced Joe" I suppose meant me, and also "young blue breeches." I remember the fire at Vounder last march twelvemonths; that property was in my father's occupation; part of a dwelling house and some outbuildings were burnt there. There was corn burnt in the field at Trevitho last harvest twelve months, the property of my father.
The letters read by Mr. Moody in opening the case, were now put in as evidence. MR. HILL, solicitor for the prosecution, was then sworn, and deposed that the offer of reward for the apprehension of the guilty parties, was drawn up by him, and circulated in the neighbourhood. No person had claimed anything of that reward.
Mr. SLADE then addressed the jury in behalf of the prisoner. He said they were there to try the simple fact, whether the prisoner sent the first threatening letter that had been read to them, and was charged in the indictment; they had nothing to do with any other letter or with the fires at Priske, Trevitho, or other places except in so far as those circumstances tended to throw light on the act of sending the present letter. The charge brought against the prisoner rested entirely on the evidence of the accomplice Hodge. When a man comes as Queen's evidence, the jury might be sure that he was steeped to the very lips in guilt himself. The law therefore required, that an accomplice should be corroborated in some material particulars, as to the facts, and as to the party whom he charges. In the present case the accomplice was unsupported and uncorroborated in every material particular; and he thought he should be able to show that he was much more than an accomplice, that he had been the principal in these transactions, and the only offender. There was nothing stated in the case that did not perfectly consist with the innocence of the party accused.
It was said the prisoner read the letter from a slate for Hodge to copy; but no slate had been produced, though the strictest search had been made by the Sergeant from London and the constable. Hodge, being intimate with the prisoner and going into the shoemaker's shop and house, had opportunities of purloining the prisoner's paper and of using his pencil case. The finding of the safety fuse, the gun-powder,the letters and envelopes, might be circumstances of some weight if they had been found in a house which prisoner occupied alone. But there were others in the house, and the articles were found in an open box, or in places to which other persons had access, and to which even Hodge might have had access.
As to the safety fuse it might have been left in the shoemaker's shop by any miner calling there. The seal of the pencil case tallying with the impression on the envelope, even if it did so, was no material fact in evidence, because those pencil cases are made by the gross, and turned out in a mould, and no doubt there were hundreds of them in the county. So as to the paper found at prisoner's lodgings, no doubt many others in Mullion would have the same type of paper, probably bought at some shop in the neighbourhood. He then went on to remark on the evidence of Sergeant Thornton, Thomas Thomas, and Chappel, and to contend that the facts they had deposed to were all perfectly consistent with the innocence of the prisoner.
On the other hand, Hodge had been pre-determined to shift the guilt on other shoulders; through it was only after he was detected, and found no loop-hole for escape, that he endeavoured to implicate Bartle; and he had other inducements for doing this, there being a reward of GBP 200 offered, and his family having gone to Australia,the amount would have assisted him to go over there. He contended that there was nothing which could satisfactorily corroborate the evidence of the accomplice, and therefore that the prisoner must receive an acquittal.
The learned Judge, in summing up, said the jury were bound to give this case their most serious and anxious affection. The indictment charged a very grave offence, - an offence that might be made the means of persecution, and of harassing and distressing the feelings, and disturbing the happiness of a whole family, almost of a whole community. When such an offence had been committed, it became a grave duty, on the part of all those concerned in the administration of public justice, if possible to discover the aggressor. On the part of the jury, it was their duty to take care that they fixed the guilt on no person that was innocent; and it was equally their duty that they let no one escape whom they believed to have been implicated. With regard to the accomplice, his own impression was, that if he had known as much of the case as he now did, when he was asked to permit that man to come here to give evidence, he should have said, "no, let them stand in the dock together and take their trial," for as far as he could form an opinion, the testimony of that man had added very little, possibly nothing, to the case against the prisoner; the handwriting of Hodge might very likely have been proved without the assistance of his evidence.
He concurred with the observations of the learned counsel as to the little credit that was to be given to the statements of an accomplice, whose testimony should be used merely for the purpose of explaining those matters that otherwise might appear obscure, and even then it should be taken with considerable caution. They were therefore now to consider what was the real value of the evidence against the prisoner, apart from the testimony of Hodge the accomplice, who, however, if his story were true, appeared to have been rather an instrument than a principal in the offence.
He then remarked on various circumstances in the evidence; the remarkable conversation of prisoner with Chappel, after he was apprehended; the endeavour of prisoner to snatch the papers from Sergeant Thornton (which however, was not stated before the magistrates); the papers and threatening letter found in a box in the house which prisoner stated to be his, in a bedroom which he acknowledged to be his; the correspondence of the paper and letters, and the seal on the envelopes with a seal found in prisoner's possession, and other circumstances which had been deposed to. As to prisoner's story about the letter he found under the latch of the door, the jury were to consider whether that was likely to be true, or was a mere artifice to get rid of the effect of the letter which he knew the policeman would find in his box.
He did not think it necessary to rely much on the evidence of Thomas, though in the conversation that passed, the expression "ten years" was used by prisoner, and it was remarkable that the same occurred in the threatening letter. From the whole of the circumstances conjoined, the jury were to form their opinion. The public and the prisoner were deeply interested in this questions. Their sympathies, their feelings, perhaps, should go with the prisoner; but they should take care to do that which was just, and deliver the verdict which according to their consciences they believed to be true.
One of the jury requested that Sergeant Thornton should be recalled; and the following questions were put to him by the learned Judge at the request of the jury: You found a letter in a box in his bedroom? Yes. Was that box locked or not? Not locked.
The Jury then retired,and after deliberating about an hour and a half, returned into court and gave as their verdict, Not Guilty.
CHARLES MASTERS pleaded Guilty of stealing a pair of shoes, the property of THOMAS CHAPMAN, of the parish of St. Kew. Three Months� hard labour.
CHARGE OF MANSLAUGHTER - WILLIAM HAMLYN PASCOE, 50, was indicted as follows: - that previously to the commission of the offence, HEZEKIAH BUNT became very sick and disordered in his body; that the prisoner was under his care and treatment on the 11th of March, and that he feloniously administered to him eight drachms of opium, of which he became mortally sick and died. He was charged also with the same offence under the coroner�s inquisition. MR. STOCK for the prosecution, and MR. SLADE for the defence.
Mr. Stock stated that the charge was one of very serious importance; that a sufficient quantity of laudanum had been administered to cause speedy death; that this was done by a medical man under circumstances, as was alleged, of gross negligence; and that he should call witnesses to show that the defendant was intoxicated at the time he administered the laudanum. He then called the following witnesses:
-JANE BUNT, wife of the deceased � I live half a mile on the Newquay road from the Indian Queens. My husband was a labourer, and was 39 years of age; he had been unwell, and had been spitting of blood, his illness had been of two years duration; was attended by MR. MOORMAN. On Tuesday the 11th of March, my husband and I went to Cubert to see MR. PASCOE, surgeon, about his complaints; learnt that Mr. Pascoe had gone on to Newquay; found him at Mr. MICHELL�s the druggist; LEWELLYN the shop boy was also there; got there between three and four in the afternoon. My husband told Mr. Pascoe he had come to be examined by him; Mr. Pascoe was sitting on a chair and rose up to examine him. My husband was coughing, and Mr. Pascoe took notice of him; examined his sides, looked at his tongue, and felt his pulse. He put his ear to his side. My husband asked if he was in a decline. Mr. Pascoe answered that his lungs were no more affected than his were; he said he would exchange lungs with him if possible; he said his disorder was nothing from the chest, but a bilious attack, and bad digestion.
He told my husband he must make use of light food and not make use of anything salt. He said he would cure him from the present condition he was labouring under, but would not say he would never feel the same again. He then wrote a prescription for him and laid it on the counter. He then gave my husband something to drink; I did not know what it was. Mr. Pascoe then asked the shop boy for something to make pills with; it was given to him; he asked for something more, and the shop boy said he would get it from up stairs. The shop boy left the shop for that purpose.
Mr. Pascoe then went inside the counter and took down something very dark; took it from the shelf; he said, �opium� and emptied out some in a measure. I should think he poured out from two to three table spoonfuls; after had poured this in, he went the other side of the door and took down a decanter and said �aqua.� He put this into the measure, and made it about half full with the two sorts. (Measure handed to witness.) This is a measure like it. (Witness pointed how far up the dark substance filled, and how far the measure was filled when the light stuff he called �aqua� was added.)
After this Mr. Pascoe handed it out over the counter to my husband and said �drink it my friend.� My husband shook his head; I said �taste it� and my husband then drank it off. Soon after this, Mr. MICHELL, the owner of the shop, came in. Mr. Pascoe spoke to him, and said he wanted him to take down what he wanted for medicine for us to take home. Mr. Michell wrote down what Mr. Pascoe named; and it was handed over the counter to me. I offered it to my husband; but he said he was very drowsy. Mr. Pascoe then looked for something to revive my husband; it was mixed and given to him, but he did not revive. He appeared very drowsy, and Mr. Pascoe helped to lay him on the floor, and said �let him lie an hour or two.�
We tried to arouse him, Mr. Michell and myself, but could not; Mr. Pascoe had then gone away. Mr. Michell went for a surgeon, and after a time MR. JEWEL came; cannot say how long this was after he had been laid on the floor; should think it was about three quarters of an hour. He was removed to Mr. SIM�s Inn, at Newquay; was put to bed; no person could arouse him, and about half-past eleven he died.
I saw Mr. Pascoe take the bottle from the shelf; it remained there on the counter some time, and I saw Mr. Michell put it back. I pointed out to the shop-boy that that was the one from which the dark liquor was taken.
Cross-examined by MR. SLADE: We had heard that Mr. Pascoe was a clever man. We started from home at nine o�clock in the morning. When we came to Cubert, the workmen had just gone to work after their dinner; stopped there for the horse to eat some corn; my husband had a pint of ale there. At Lane, where we passed before we got to Cuthbert, we had first a pint of beer and sugar; MRS. LIBBY brought some fresh pork; had also a pint of beer and two pennyworth of rum in it. At Cuthbert, my husband just took a sip of a pint of ale. Mr. Michell was not in the sop when we first came in. Who has been telling you about aqua?
- I recollect it was said by Mr. Pascoe. Never heard the word opium before then; thought the aqua was water, because it was the colour of water. Think Mr. Pascoe said �gentian� when he took down the first draught to give my husband when he first came in. Have you not said you saw on the bottle first taken down some works? Yes, OPII was on it. (A book was then handed to witness to show that she could read.)
Re-examined: We drank about equal parts of the first pint at Lane; of the second pint I drank the greater part. Lewellyn washed the measure out with �aqua� before the dark mixture was put in; that made me think that �aqua� was water.
CHARLES HENRY LEWELLYN, had been apprentice to Mr. MIchell, druggist, Newquay, eight months. Mr. Pascoe examined Bunt by feeling his pulse and placing his ear to his chest; he said he did not think his lungs were affected. After that Mr. Pascoe gave him tincture of gentian; I measured it out in a measure like that produced. Water was added to it by me; Mr. Pascoe gave it to Bunt, who drank it. Mr. Pascoe asked me for some powdered rhubarb; I gave him the bottle; he put some in a mortar, had also come powdered Castile soap and oil of peppermint; told me to put in twenty drops; I went on dropping it as far as fourteen, when he told me to stop. He also asked me for some powdered squills; I told him I would go to the wareroom and see for some. I was about five minutes absent; when I returned Mr. Pascoe was telling bunt to take what he had mixed for him, it was in a glass like that produced (a marked glass measure used by druggists was here shown.)
The mixture I saw reached up there, (pointing to the figure on the glass) quantity more than two ounces. Bunt took the mixture, it was light brown. In fifteen or twenty minutes after Bunt had drunk the mixture he became sleepy, and would have fallen off the chair I believe if Mr. Pascoe had not caught him. He was then laid on the floor. When I left the shop to go to the ware-room for the tincture of squills, there was a bottle on the shelves with opium in it marked TR: OPII. When I returned this bottle was on the counter, close by Mr. Pascoe. In the evening, before Bunt was removed, Mrs. Bunt pointed this bottle out to me. Mr. Pascoe was rather intoxicated.
Cross-examined: How did he indicate intoxication? Witness- I can�t say. Did he write a prescription? Yes. (The prescription was here inquired for, but had been mislaid.) I saw Mr. Pascoe examine the man. There were two or three bottles on the counter when I went to the ware-room but not of the same colour liquor as the opium.The compound tincture of gentian was not there; I put it on the shelf again. Mr. Pascoe did a considerable business in that neighbourhood.
Several other witnesses were then called, of whose evidence the following is a summary:
- MR. MICHELL, druggist, Newquay, stated that when he returned to his shop between five and six o�clock on the day in question, he found Mr. Pascoe there; and he was otherwise than sober. When he came in he found on the counter bottles containing carbonate of ammonia, rhubarb, powdered soap, extract of henbane, oxymel of squills, a bottle containing tincture of opium, and the glass measure. He placed these bottles back on the shelf. He said that Bunt attracted his attention as soon as he came in; his face was of an earthy colour; I fancied he was very ill; he became drowsy.
Mr. Pascoe told me to give him some sal volatile, and I gave him twenty drops in an ounce of water. Mr. Pascoe afterwards examined him, and said I had better write a prescription. He dictated it and I wrote it. While I was making up the prescription, Bunt was falling off the chair, and Mr. Pascoe caught him. Bunt was laid on the floor with a coat under him; in about five minutes after that Mr. Pascoe left. I thought the man getting worse, and went for Mr. Jewel, the surgeon. I attempted to rouse him [Bunt], but in vain. Felt his pulse about half an hour after Mr. Pascoe left; his pulse was quick, not very hard. The earthy pale colour continued up to the time of his removal from the shop.
-JOHN HODGE, a boatman at Newquay in the preventive service, gave evidence to the effect that Mr. Pascoe was intoxicated on the day in question.
- Mr. JEWEL, surgeon, at Newquay: had been in practice forty years; was called by Mr. Michell to come to the shop to see Bunt; found him lying on the floor in a state of stupor, no pulsation at either pulse. I pronounced him to be in a dying state. The symptoms were such as might be produced by taking a narcotic poison. In consequence of what I heard, I gave him a scruple of sulphate of zinc as an emetic, but he could not swallow it.
Witness made the post mortem examination of the body with Mr. Moorman; found in the stomach four or five ounces of dark, thick, brown fluid; fancied it smelled slightly of opium; discovered no symptoms of disease in the stomach; there was congestion of the veins between the convolutions of the brain; such a symptom might result from a blow, or from taking a dose of laudanum; the right lung was slightly congested, the left congested and adherent; should not think the lungs in such a state as to account for death. Had known persons take eight drams of opium who had been accustomed to it; but that, or a less quantity would produce death in a person not so accustomed. From fifteen to twenty-five drops � sixty making a dram - would be as much as a person unaccustomed to opium could prudently take.
Cross-examined: Had never before seen a person who had been poisoned by taking opium; should not expect to find a person�s pulse quick half an hour after taking eight drams; should expect to find the face suffused and purple. After so large a quantity had been taken, he expected to find it in the stomach, but did not. Mr. Slade � The appearances of congestion in the brain are that result of apoplexy? Witness Yes. Suppose tincture of bark were mixed with water, would it produce a light brown appearance?
Witness � It would.
Re-Examined: Had understood that there was no test for opium in the system.
-Mr. Moorman, surgeon, St. Columb, had attended deceased professionally; he had spitting from the lungs, and decided disease of the lungs, but not so as to account for his immediate death. About six or seven days before his death, witness saw him; he was then talking of going into the county Infirmary; his symptoms were as they had been for twelve months before. At the post mortem examination, the appearance of the brain corresponded with that which is set down as marks to indicate poisoning with opium. Had never seen a case of poisoning by opium in private practice, but had in the hospitals; had been informed that it was not often poison by opium could be detected in the body even when death speedily takes place.
Cross-examined: Did not agree with mr. Jewel that the appearances were the same in the brain as in cases of apoplexy.
Mr. Slade � When eight drams of opium had been taken, should you have expected to find some opium in the system? Witness � I should have expected, but should not have relied on finding it. Supposing you had heard nothing about his taking opium, on examining the system, should you have concluded that he died of a narcotic poison? -I could not have positively said so. Even if there is no test by which you can detect he poison of opium, should you not have expected the smell of opium? -I should have expected it. And you did not find it? -I did not. How should you expect to have found the pulse and face? -The pulse slow at the first stages, and the face suffused and purple. Re-examined: In the last stages, when the heart�s action was ceasing, I should have expected a rapid pulse and a pale face. You say you would not have drawn a positive opinion? -No, not positive; but from the symptoms I have heard described, I should have believed the man died from narcotic poison.
Mr. Slade then addressed the jury for the defence. If Mr. Pascoe, from carelessness or inattention arising from intoxication or otherwise, gave this medicine and caused the man�s death, undoubtedly he would be guilty of manslaughter. But on the part of defendant he denied that he was in a state of intoxication at the time; and as to the statement that he was in the habit of being so, that must be wrong, for with such habits of he could not have risen to such considerable practice as he had obtained.
If he had been intoxicated, as stated by the witness Hodge, how did not Mrs. Bunt see it and the apprentice Lewellyn? The fact was, as had been deposed to by one of the witnesses, Mr. Pascoe was blessed with high spirits, and his manner might have lead others to think he had had some liquor. The manner in which he conducted his examination of Bunt, showed that he was sober; he put his ear to his chest, and ascertained his case in the most proper manner; he caught the man when he was falling from a chair, which was more than a drunken man would be likely to do. He wrote a prescription, though unfortunately it was not now to be found, and he dictated another. The fact was that Bunt had been in a dreadful state for some years, bleeding at the lungs, showing that he had organic disease; and he was about to go into the county Infirmary. Medical men often buoy up their patients even when there is no ground for hope; and acting on this principle, Mr. Pascoe, when Bunt called on him, wrote out a prescription for him.
The man was then seized with a dreadful fit of coughing, and he gave him a little opium as a sedative, mixing water with it, and the mixture would then be of a little brown colour. Children had often died after taking paregoric as a sedative, and the chief ingredient of that was opium. He then remarked on the medical evidence, and contended that it did not show with any certainty that the man died or a narcotic poison. There seemed to be a slight difference of opinion between the medical gentlemen; Mr. Jewel said the appearance in the brain was like that produced by apoplexy, whilst Mr. Moorman said he should have expected to see more congestion after apoplexy. He believed there had been an unintentional mistake made by Mrs. Bunt with regard to the quantity of tincture of opium poured in before the water was added. On the whole, he contended, they must be straining the evidence very much to find a verdict against the prisoner.
The learned Judge summed up the case. He said the charge was a serious one as affecting the prisoner, and also with reference to the public. Medical men were certainly open to prosecutions of this sort, if in their practice, either from carelessness, or ignorance, or rashness, [or] from want of sobriety, they administer medicines which end in death. But if there be any case which the jury ought to enter on in a spirit of charity and fairness, it was this sort of case. Generally speaking, medical men possess the confidence, and generally speaking they were entitled to the gratitude of the public. Persons who, like the prisoner, practice among the poor, go through much toil and labour, have deep anxiety and grave responsibility, and very inadequate remuneration.
But the question in this case arises, what is the evidence, and what impression does it make on your minds? He then examined the evidence, stating that there were three witnesses whose evidence bore positively on the administration of the opium. Then came the evidence as to prisoner�s intoxication; though it did seem remarkable that Mrs. Bunt had not observed or spoken of the insobriety of the prisoner, if he had been in a very bad state. He remarked also on the medical evidence; and put the questions to the jury, first, whether the man died from the administration of opium; if not, there was an end of the case; if he did, then was it or not, in any respect, carelessly given; was too large a quantity given, either from hasty inadvertence, or want of that self-command which a medical man in particular should have?
By request of the jury, the apprentice Lewellyn was recalled, and asked if he saw anything put into the measure after he returned from the ware-room. He said he did not; what it contained had been poured in by Mr. Pascoe during his absence.
The Court rose at about eight o�clock, and the jury were locked up. In about an hour and a half they returned and gave a verdict of Not Guilty.
SATURDAY, March 29
ATTEMPT TO INFLUENCE A JURY - The Court was about to proceed this morning with the trial of WILLIAM BARTLE, who had been acquitted on the previous day of a charge of sending threatening letters, and was now about to be tried on another indictment. When the jury were assembled, however, before they were sworn, the Lord Chief Baron rose, and asked whether any of them had received any improper communication in regard to the prisoner at the bar? One of the jurymen replied that he had, from the sister of the prisoner, who said she hoped he would be merciful if he was on the jury. On inquiring further, the learned Judge found that another of the jury had also been spoken to by the prisoner's sister. His lordship then stated that a very improper communication had been made to him on the subject the night before last, but the writer of the letter was apparently unconscious of doing anything so egregiously wrong as addressing him on the subject of a trial, for she had waited on him at the Judge's lodgings in the morning, expecting to have an interview, which of course did not take place.
Mr. Slade, who appeared for the prisoner, said he knew nothing of this; nor the gentleman who instructed him (Mr. Plomer) ; they deplored and deprecated it. The learned Judge said he felt confident with regard to that, and he then intimated the propriety of postponing the trial. If the trial proceeded, and the prisoner were acquitted on every one of the eight indictments, he should have him detained in custody and remanded to take his trial for conspiring to write the threatening letter with John Hodge. If the jury had to sit till that day week he should take the course he had stated.
Mr. Moody, for the prosecution, said he had no objection to move that the prisoner be remanded for trial, on account of improper tampering with the jury. Mr. Slade observed that it was a very wrong and indiscreet act; he had himself been besieged by the same party on his way to his lodgings; she appeared to be overwhelmed with grief, and nearly out of her mind on the subject. He now thought it would promote the ends of justice to have the trial postponed. The learned Judge retired to consult with Mr. BARON MARTIN. On his return he inquired if the Counsel on both sides acquiesced in the remand?
Mr. Slade - Certainly, my Lord, I pray it. Mr. Moody also acquiesced, observing that it would be difficult for the prisoner to have a fair trial now, after what had passed. The Judge said there had evidently been a something which perhaps they ought to go a step further in, and seriously investigate. The woman, however, who had been the cause of all this ought not to come near the case on another occasion. He was told she was now in the Court.
Mr. Slade - She is, my Lord.
The Judge: It is a very grave offence - a very grave offence; but it is accompanied by circumstances which appear to me to show that she was quite unconscious of the wrong she was doing, and I may say the crime she was committing. I do not therefore feel called on to visit it as a criminal act, though it is criminal undoubtedly.
He then directed that the case should be remanded over until the next Assizes; and that both Hodges and Bartle should be detained in custody. Mr. MOODY, in reference to something that had been said by the Grand Jury with regard to the number of indictments preferred in this case, said he took on himself the responsibility of that proceeding; all that was done by Counsel.
-FRANCIS HAWKEY, 28, was indicted for felonious assault with intent, on the person of MARY BATE, of the parish of Lanteglos by Camelford. Mr. Collier for the prosecution; Mr. Slade for the prisoner.
The prosecutrix lives at Pencarrow, in the parish of Lanteglos by Camelford. She is the daughter of a butcher, is also a dressmaker, and went to Camelford with her mother, on Friday afternoon the 10th of January. She went there to fit on a dress; afterwards waited at FRY's hotel to go home with her mother, but her mother having forgotten to call for her there, she ultimately went home alone. On her way she had to pass through three fields, and whilst walking through them the assault was committed on her. A considerable amount of evidence was given in the case, after which Mr. Slade addressed the jury for the prisoner.
In summing up, the learned Judge said there could be no doubt that the prosecutrix had been assaulted; that she behaved in a courageous manner; that she did everything to resist the assault; that she conducted herself with great propriety, and that her resistance to the assault was successful there could be no doubt, until a person named ROOSE came up, and the party ran away. The simple question was, whether the prisoner was the man who committed that assault. He then remarked on the evidence; after which the jury almost immediately Acquitted the Prisoner.
THOMAS DUNSTAN STEPHENS, 28, was found Guilty of stealing four pounds weight of lead from over the porch of the Music Hall, Truro, the property of JEREMIAH REYNALDS, HENRY SEWELL STOKES, and others. In the course of the trial, the learned Judge told the policeman he ought to have brought the prisoner's shoes, which he stated corresponded with tracks near the premises, that they might be shown to the jury. The prisoner was sentenced to Six Months' hard labour.
SENDING A THREATENING LETTER - JOSEPH MICHELL HILL, 42, was indicted for sending to SAMUEL HILL a certain letter threatening to burn and destroy the houses, barns, ricks of straw and grain, and hay and straw, the property of Samuel Hill. Mr. Moody and Mr. Rogers for the prosecution; Mr. Cole for the prisoner.
The prosecutor stated that he is brother to the prisoner, and occupies a farm in Landewednack, near the Lizard. His father died in August last year, and on the 18th of September he received a letter by post; it was in an envelope with a black edge. The following is the letter:
"September 13th, 50"
"It is the provence of the All mighty That is gest com to my knolege A Boute your treatement of yourself And Whife to the old man you made him Do Jest As you like so I warne you shant Do Jest as you Please By me If William is so quare t you shant find it the case With me let you go were like you shore To Be found out you meae think that Goine to Be safe Be cose you goine To live the lizard the A specimen of it in Mullion for you to go by Prapes you mat read of Samson RDILE And the fox philistines if no Foxes to Bet Cot thre may somfing in steed If the Not somfing Don very shortly you not go on Punished I warne you I not Prise you of Any more I think you in Joyment Will Be very shurt in this world silficheness will not in Duer long I Jest Let you know wot I meane you Ben A very great enemy to me Bot By god I not for get you If my life is spared vingens is mine and I will repaie so shore is a god in heving So no more
JOSEPH MICHELL"
Prosecutor's further evidence was that at that time he received the letter his brother resided at Camborne. Prosecutor seemed to show reluctance in giving evidence against his brother; he said he believed the letter was in his brother's handwriting, but he did not know his writing exactly. He was living at the Lizard when he had received it, but was about to remove to the parish of st. Anthony, where he had taken a farm and had some stock and a stack of hay. He had part of the property which was left by his father.
-GRACE WILLIAMS, with whom prisoner lodged at Camborne, said he was known there by the name of Michell. He told her his father had lately died, and left some property, and he ought to have his share of it. Witness saw envelopes in prisoner's bed-room edged in black.
-RICHARD CHAPPEL, constable, apprehended prisoner at Camborne, on the 23rd of September; he said to Grace Williams, "it is all about that letter I told you I sent my brother last week."
-JOHN HARRIS, carpenter, had worked with prisoner at Camborne. Prisoner told him his father had died and left all the property to one brother, and he thought he was not served fairly; he said he had written a letter to his brother to try to frighten him to give up some of the property. He said he would serve him as Sampson served the Philistines. I asked him about that. He said Sampson tied two foxes' tails together, put a firebrand between them, and sent them into the standing corn.
-WILLIAM THOMAS, of Mullion, not five miles from prosecutor's house, had a fire on his premises in July, 1849, when a dwelling-house, out-house, and some implements were burnt.
Cross-examined: One person he had heard of in Mullion had some standing barley burnt.
-JOHN THOMAS, of Mullion, had had premises burnt at Priske, fuel-ricks, stable, bullocks' linhay, &c. There was standing corn also burnt in August; this was published in the county papers.
Mr. Cole for the defence, now pressed an objection which he had taken at the opening of the case. The act under which the indictment was framed applied only to threats to burn houses and stacks. The reference in the letter sent was to the way in which Sampson served the Philistines. By prisoner's conversation with the witness Harris, it appeared his allusion was to Sampson's sending the foxes with firebrands into the standing corn. The allusion in the letter to Mullion was likely also to have the same meaning, for there it appeared standing corn had been burnt. Now there was no statute which applied to a threat of that kind.
The learned Judge concurred with Mr. Cole, and directed the jury to acquit the prisoner, observing that there was no law which made it an offence to threaten to burn a man's standing corn. The jury did not seem readily to understand this, and turned round to consider their verdict. But the learned Judge told them they were not there to make laws for the country; certain descriptions of property were protected by the statute, but not standing corn. The jury then gave a verdict, Not Guilty.
SATURDAY, MARCH 29 - Before Mr. Baron MARTIN
JOHN PHILIP WALKER, 17, pleaded Guilty to stealing a shirt, on the 4th of March, from JAMES TIPPET of Roche. The prisoner stated that he should not have committed the act but for distress; he had the night before been obliged to see his own shirt for food. Sentence, One Month's imprisonment.
FRAUD BY AN ITINERANT BOOKSELLER - WILLIAM ARMSTRONG, 48, was indicted on two counts, for having on the 28th of January, obtained, by false pretences, three-pence from RICHARD JAMES, of Launceston, with intent to defraud the said Richard James; and three-pence from JEMIMA BROAD, the wife of Henry Broad, with intent to defraud the said Henry Broad. Mr. HUGHES conducted the prosecution.
-RICHARD HAYNE, master of the Launceston National School, deposed as follows: On the morning of the 28th of January, prisoner came to the school house and wanted me to allow him to speak to the children with reference to a book which he said they could be supplied with at a very low price. The title of the book was "Fleetwood's Life of Christ". He wished me to recommend the book to them. I told him I could not do so, but if I thought anything of it I would speak to them myself. I believe there was something said about going to the parents of the children, but I am not certain what I said.
-RICHARD JAMES- I live at Launceston, and have a boy at the National School. On the 28th of January the prisoner came to my house and asked me if I knew of any children who went to the National School. I said, yes, I have a boy there. He said he was just sent out from the school to say that there was going to be given to the children a nice book - a Life of Christ, and that the parents would be called on to pay the small sum of three-pence to help pay for the binding. Then my wife, in my presence, paid him three-pence, and he asked for pen and ink. He then left.
-JEMIMA BROAD, wife of Henry Broad, Launceston, stated she was in her kitchen with her mother when the prisoner called. He said he was sent out collecting for a very beautiful book, the Life of Christ, but that no more than one of a family could obtain it. I asked him the expense, and he said there were eight vols. at three-pence each. I asked him if he had a book to enter it. He said he had forgotten his book, but if I would give him a bit of paper and lend him pen and ink, he would put it down and enter it in his book afterwards. I gave him paper and my mother borrowed pen and ink. He then said the good lady opposite named Martin had given him three-pence to have a book for her little girl. My mother said she should like also to have one for her little girl; and he said he should be very happy for one of a family to have one. My mother and I then gave him sixpence. When he first came to the house, he said he was sent out from the school, and that he had seen the master, who was a very nice man.
-BENJAMIN SAMBELL, police officer, of Launceston. I apprehended prisoner and charged him with obtaining this money from a number of poor women, and I asked him by what authority he had obtained these three-pences from them. He said he was authorized by the master of the National School, and offered to take me to him. I sent for Mr. Hayne, who came, and in the prisoner's presence said he had not given any such authority, and also that he had refused to allow the prisoner to speak to the boys out of his presence. I then took the prisoner in custody. I searched him and found on him 6d. and a piece of paper; I asked him for his book in which he entered names, and he said he had none. I asked him from whom he had obtained money; he said he did not know; but afterwards I found a scrip of paper with two or three names.
He said he had travelled for a company in London - that he had travelled for a party in Plymouth, but he got tipsy with a friend and was dismissed from his situation, and that he had applied to a gentleman in Truro from whom he had no doubt he should get a situation, and he had no doubt that that gentleman would supply him with the books.
-MRS. BROAD, was recalled by the Judge, and, in answer to questions from his Lordship, said her boy was called Nathaniel Broad and was nine years old. The sixpence which she gave to the prisoner was her husband's money. She took threepence from her mother and gave prisoner sixpence.
The Learned Judge directed the jury to put out of consideration the count regarding Mrs. Broad, for the evidence did not support that count. His lordship then summed up the evidence on the other count; and the jury returned a verdict of Guilty. Six Months' Imprisonment. The learned Judge spoke of the duty of protecting poor people from such impositions, and also advised that it would be better for themselves to save their money to purchase of the regular tradesmen, than to deal in the way indicated in the present case.
=JAMES RICHARD TREEVE, 21, was charged with stealing a pair of flannel drawers, and seven sovereigns and a half, the property of JOHN SULLIVAN, boatman of the Coast Guard Station at Cawsand. Mr. MAYNARD conducted the prosecution.
The prosecutor was step father of the prisoner, who had lived in his house. The last night the prisoner slept there was the 15th of February. On Monday morning the 17th of February, he missed from one box in the bed-room in which prisoner had slept a pair of drawers; and from another box seven sovereigns and a half. This last box had been locked and the lock had been ripped off. The prosecutor stated that there was nothing in the house locked from the prisoner but the money; he had leave to wear prosecutor's clothes. Had never given him leave to take the money or the drawers.
On the 17th of February, TOZER, Devonport policeman, and prosecutor searched for prisoner some hours but could not find him; but afterwards the prosecutor himself apprehended prisoner at Stonehouse and put him to the station house. Tozer searched him and found on him a pair of drawers which prosecutor said was his. Prisoner said he had worn them for a fortnight, and had not stolen them. Tozer then told him he was also accused of stealing seven sovereigns and a half. He said he had never seen any money at all. On the following Thursday he was taken before the Rev. Mr. LEY, at Cawsand. While there, he took up a bible and kissed it, saying "so help me God, I did not take GBP 7.10s. the money I took was six sovereigns and two shillings."
-ISABELLA WATTS, lodging-house keeper at Quarry-street, Devonport, stated that on the evening of Sunday the 16th of February, the prisoner came to the house and asked her to fetch him a pint of spirits, giving her a sovereign to pay for it. The next morning he had breakfast, and asked her to get him a pint of wine for which he gave her two shillings. In the course of the same day he gave her two sovereigns to keep for him, saying he was going to join the "BELLEROPHON".
-The learned Judge directed the jury to disregard the portion of the case concerning the drawers. Verdict, Guilty. The prosecutor who, with much feeling, stated that he had reared the prisoner from a child, and that he had been a very honest fellow until lately, he had got into bad company, earnestly interceded, through the Counsel, on the prisoner's behalf. The learned Judge dealt with the case very leniently. He questioned the prisoner, who said he was determined to go to sea immediately if able to do so, and earn his living honestly, as he had done for three years before coming ashore this last time. He should not have got into his present scrape, if he could have got a ship. His lordship then passed the very light sentence of Three Days' Imprisonment.
-MARY ANN GEORGE, 26, charged with stealing a moleskin jacket, the property of ANN OPPY, a shopkeeper of Redruth. Mr. ROGERS conducted the prosecution. The chief point of evidence against the prisoner was a statement by her to the police officer, that she was innocent of any benefit from taking it - that she had taken it from Ann Oppy's shop to give it to a woman called PRISK. Verdict, Guilty. One Fortnight's Imprisonment.
-ELIZABETH ANGOVE, charged with stealing on or about the 19th of December, a black satin cloak, the property of WILLIAM MOORE, dealer in ready-made clothes at Redruth. Mr. HUGHES conducted the prosecution. The prosecutor stated: I missed a smoky brown satin cloak on the 10th of December, from my shop. On the 19th of January, I went with TREGONING, the constable, to the prisoner's house at Camborne. Tregoning asked her if she had a stolen cloak in her possession. She said no. After a little while we asked her to tell if she had a cloak in her possession. She said no, they might search her house. I searched and found in a drawer of a dresser three pieces of satin, which had been a cloak. She said she did not take it, but that Christian Prisk unhung it from a nail in my shop and gave it to her.
The Judge here remarked, that in the depositions taken before the magistrates, there was not a word of evidence by Moore about any sort of admission being made by the prisoner. Charles Tregoning, policeman, also stated he did not hear her say she had received the cloak from Prisk.
The Judge immediately directed an acquittal, and remarked on the importance of testing evidence given in Court, by that given when the case was brought before the magistrates. In this case the first witness stated that the prisoner made a certain admission of felonious receiving; whereas, it turned out by the evidence of the policeman, that nothing of the sort took place. Verdict, Not Guilty. The Judge ordered that the prosecutor's expenses should not be allowed.
-CHRISTIANA PRISK, pleaded Guilty of stealing, on or about the 19th of December, at Redruth, a black satin cloak, the property of WILLIAM MOORE. Sentence, Fortnight's imprisonment.
-PHILIP ROWE, 38, FRANCIS KELLOW BENALLACK, 32, and JAMES VARCOE, 29, were charged with stealing forty-five pounds of lead, the property of LORD VIVIAN, at Coosbean paper-mills, in the parish of Kenwyn, on or about the 3rd of March. Mr. STOCK conducted the prosecution.
-MARY GILL, lives at the Red Lion Tap, in Truro; the three prisoners were there together between 8 and 9 in the evening of the 3rd of March, and drank together; they stopped but a short time. Mrs. Gill gave all the prisoners a good character.
-ISABELLA WROATH, whose husband keeps a public-house in Kenwyn-street, stated that the 3 prisoners were there together between 4 and 5, and had one quart of beer. She gave all the prisoners a good character as honest and peaceable men.
-HENRY PLUMMER, about 5 o'clock in the afternoon, was on the road leading to Truro to Coosbean and saw Bennallack and Varcoe going in the direction of the paper mills, and spoke to Bennallack.
-ROBERT PENHALIGON was working at the mills on the 3rd of March and saw Varcoe come into the yard between three and four o'clock in the afternoon. Two other men whom witness did not know, were outside the premises, about thirty yards from Varcoe.
-WILLIAM BENNY, who occupies some fields adjoining Coosbean paper mills, was in the yard of the paper mills after 6 o'clock in the evening. At the gate he saw and spoke to a man, but got no answer. The man went away. He then saw Philip Rowe; asked him what he was doing there; he answered that he had come for a specific purpose. Witness then went towards the town, and when he had proceeded fifty or sixty yards, he heard the noise of slates falling from the mill premises. Went back to the premises and saw Rowe and Francis Bennallack; they were not together.
Spoke to both men - said to Rowe, "I don't think, Philip, you have any business here at this time of night; be sure you don't carry away anything." Rowe said "that's all very good what you say." While this conversation was going on, heard some slates falling from the dwelling-house. Left the two men there and walked away slowly towards the town. Saw the three men again near Carvedras and allowed them to pass on. Next saw them in Edward-street, coming in a direction from the mills, and pointed them out to a man named WILLIAM TUCKER, giving him directions to watch them, and see what they had got.
-WILLIAM TUCKER stated that about quarter past seven in the evening, in Edward-street, the last witness told him to go forward to the three men he pointed out, to see who they were and what they had. Witness overtook the men and found that two of them were Rowe and Bennallack. Did not know the other. Rowe and Bennallack had, each of them, a roll of lead under his arm.
-WILLIAM BURRIDGE, who keeps a marine store in the High Cross, Truro, stated that about half-past ten in the morning of the 3rd of March, Rowe brought him a piece of lead which witness purchased; it was 15 lbs. weight, and witness paid him one shilling and threepence for it. About seven o'clock in the evening of the same day, Rowe brought him another roll of lead, 29 1/2 lbs. weight, which witness purchased, and on the next morning delivered to Woolcock, the policeman. This witness also gave Rowe a good character.
-WILLIAM WOOLCOCK, policeman of Truro, on the 4th of March, received from William Burridge, two pieces of lead now produced. Went with EDE and BATTERSHILL to the dwelling-house by the mill and found the pieces of lead to match exactly with the rafters.
-WILLIAM BATTERSHILL, who has charge as deputy-agent of Lord Vivian's property at Truro, went with the last witness and Ede on the 6th of March to the mills, and found that a piece of lead was missing from behind the chimney of the house. The large piece of lead now produced, matched exactly with the rafters at that place; the nails in the rafters corresponding in position with the nail-holes in the lead. Had no doubt that the lead was taken from that place.
-MARK EDE, mason, confirmed the evidence of last witness, and added that it was clear the lead had been removed but a very short time, when the examination was made.
Most of the witnesses were severally cross-examined by the prisoners, and especially by Rowe, who showed considerable tact and ingenuity in his questions and in his subsequent defence. The jury, in accordance with the tenor of the Judge's summing up, found Rowe and Bennallack Guilty, and Varcoe Not Guilty. Rowe appealed to the Court for mercy, on the ground that he had aged parents at home. Sentence, Six Months' Imprisonment each.
-HENRY BURROWS, 21, who had been tried twice already at the assizes, was now charged with stealing a sack and some barley, the property of WALTER HOOPER, farmer, Lanivet. Mr. HUGHES conducted the prosecution, Mr. SLADE the defence.
-ROBERT HOOPER, a brother of the prosecutor, stated that on the 28th of January he measured nineteen bushels of barley which he put in nineteen sacks. Two days afterwards he missed sixteen gallons out of the whole quantity. Had not particularly observed the sacks.
-PHILIP SIBLEY, constable, stated that having occasion to search prisoner's house with reference to another matter, he found in the chamber a bag containing barley.
-WALTER HOOPER, the prosecutor, proved the bag to be his, by marks and the string.
The prisoner received a very good character from MR. WHITING, innkeeper, butcher, and farmer, and from MR. RICHARD BULLOCK, who had been a farmer, and who said he was very sorry the prisoner had left his employ.
The Judge, in summing up, explained the law affecting the possession of lost property, as concerning the sack, but said it was entirely out of all question to attempt to identify the barley. The jury found the prisoner Guilty of stealing the sack. WILLIAM THOMAS, who had been tried with Burrows on another indictment and found guilty, was now brought up for judgment, and he and Burrows were each sentenced to Six Months' Imprisonment.
There was another indictment against Burrows for stealing on the 3rd of February, at Lanivet, a barn door fowl, the property of JOHN CHAPMAN; but on this indictment no evidence was offered.
This case concluded the criminal business of the Assizes.
BODILLY v. THOMAS (Special Jury) - For the plaintiff, Mr. COLLIER and MR. PAULL; attorney, Mr. J. N.R. MILLETT; for the defendant, MR. CROWDER; attorney, Messrs. HODGE and HOCKIN. This was an action for breach of promise of marriage and the damages were laid at GBP 1,000. Mr. Paull opened the pleadings, and Mr. Collier stated the case. The plaintiff was Miss ELIZABETH BODILLY, of Penzance, and she brought this action against MR. THOMAS, of Truro. [The history of an engagement of about nine year's duration, which the defendant commenced and was assented to by her - which she had been ready to keep, but which the defendant violated. ....
The defendant, MR. THOMAS, is the son of Mr. THOMAS, who now lives on his property at a place called Bridge Cottage, Truro. "He [the father] was formerly the editor of the West Briton, but he does not seem to have intended his son for a literary life; he placed him with Mr. PENTREATH, a grocer at Penzance, to learn that business. Whilst there he became acquainted with MISS ELIZABETH BODILLY. They were then about the same age. Miss Bodilly was at that time a young, blooming girl, and had never experienced the trials of life. Mr. Thomas met her at a pic-nic party, handed her over stiles, carried her parasol, and paid other little attentions which are so attractive to ladies at pic-nics. After this he continued to visit at Miss Bodilly's father's, and was received as the suitor of Miss Bodilly.
After a time she became somewhat indisposed to receive his attentions, because she understood that his father was averse to the match; and unquestionably his father had always been so from the first. He (Mr. Collier) was not aware, however, that Mr. Thomas, senior, had any reason whatever to object, except from the want of fortune on the part of Miss Bodilly."
Testimony was given regarding the engagement, which took place in 1840 over the objections of Mr. Thomas, senior. Eventually, Mr. Thomas, jun. convinced Miss Bodilly that his father would never leave him money, and he suggested they wed "unknown to his father." The young man represented to Mr. Bodilly that his father was impracticable, and Mr. Bodilly was induced to give his consent to the union. A letter was afterwards received from Mr. Thomas's father declaring his objection to the match, and Mr. Bodilly was induced, by young Mr. Thomas, to write his father suggesting the engagement was off. This was in June, 1842.
Portions of over 300 letters were entered into evidence, from July 14, 1841 to 1848. In 1843 he wrote "My precious Life - I'm sure, my dear, no two persons ever loved each other with more sincere and devout affection than we do. Would to God that I could do as my heart dictates, we would not be long asunder. I feel as if I could go to the other side of Jerusalem so as to get away from home. I can't go out of the house without being watched. ...."
At that time, Miss Bodilly commenced ad
dressing her letters to him to Mrs. ROUSE, of Truro, for the purpose of concealment from his father, at the young Mr. Thomas's request. Mr. Thomas, jnr. then denied himself the pleasure of seeing her because his father was suspicious of their correspondence . -[Throughout the correspondence, he addressed her as "ELIZA" , and "Lizzy", until 1847 when it became "Elizabeth". In 1843, he wrote "I have only one wish, my love, and that is to live to make you happy."
In 1844, he noted his 24th birthday, and that hers was coming, too - and signed it "your deeply affectionate husband, J. Thomas". In 1846, "Dear Lizzy, I am in receipt of yours of the 14th instant, but am really at a loss how to make a reply. It is quite plain to me that situated as I am at present with respect to my affairs, my father having so much hold upon my property in a variety of ways, it would be madness for us to think of being united... ..Let us hope next year will bring a change..... Yours, J,. Thomas]
In 1847, "Dear Elizabeth - I have made I suppose a dozen attempts during the last four months to reply to your two last letters, but Christmas being my busy time, ... I have been obliged to defer it week after week. "
Then in 1848 came the following: "Things have taken such an opposite turn to what I anticipated a few years ago, that it would now be the greatest folly on earth, and certain misery for both of us, to be untied whilst my father is so opposed to it in every way. You know as well as I do, that I am entirely dependent on him, and it would therefore be ridiculous for me to fly in his face; therefore, dear Lizzey, for your future happiness, as well as my own, I think we had better drop the correspondence. I am, Lizzey, your unhappy, J. Thomas."
Mr. Thomas then married another lady. The defendant had had GBP 3.000 fortune with his present wife, and now carried on an extensive grocery business.
-MISS MARY BODILLY, sister to the plaintiff, in 1840 resided with their father, a glazier, her brother, and her sister, at Penzance. My sister is now twenty-eight years old, to the best of my knowledge. In the autumn of 1840, I and my sister went to a water party. Defendant was there also; he walked home with my sister, and paid her considerable attention. .. . she then stated much of what had been presented in the address by Mr. Collier, above. She said in 1842 the defendant threw the letter his father wrote Mr. Bodilly into the fire, then dictated a letter which he had signed by Mr. Bodilly and sent to his father.
By 1842, defendant said he could not get a [marriage] license because he had not lived in Penzance long enough, nor could they be married by the Registrar for the same reason. He said he could not wait the necessary time because he had a situation in view. He said on his return he would marry her in spite of any one. He visited Penzance often, and stayed at her father's house; made her sister many presents.
In 1846, her sister received an anonymous letter, which seemed to be in defendant's handwriting; it described his 'wildness'. It was written as if a young lady wrote to my sister, and had been directed to the post office. The purport of it was, that she pitied Miss Bodilly if she should have him. During this time, her sister became ill [from English cholera] and witness destroyed other anonymous letters that came for her sister, without showing them to plaintiff, to save her upset. Could not say how many. When cross-examined, said she was aware of a letter in 1842 from defendant's father, but had not read it. Defendant threw it into the fire.
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-LOUISA HOSKIN - knew Miss Bodilly for a long time; knew of the engagement between Mr. Thomas and Miss Bodilly. Lives at Redruth; saw the defendant when he had a house and shop in Truro; it was unfurnished, and he asked her to come upstairs to look at it. He then asked her for her sister's address in London, and took out a letter which he said was from Elizabeth, on which he wrote her sister's address. "I remarked they were nice rooms; he said one was intended for Elizabeth and himself, and the adjoining one for the boys. (Mr. Crowder - Aye, aye, the shop-boys, of course.) By Mr. Collier - has defendant ever said anything to you about the engagement being broken off? No. Has he ever said anything to you about his having asked her to do something? He said he had written her to discontinue all further correspondence, but that she would not take the hint; defendant has a respectable shop in Truro."
-Mr. GEORGE DANIEL - Lives at Truro, not far from the defendant; he keeps a grocer's shop in St Nicholas Street; it is a "tidy" shop; thinks he has got his share of business; believed he was one of the principal grocers in the town; knows the lady he has married; she stands very well for fortune. Cross-examined by Mr. Crowder - did not know that she had GBP 500, and that the whole was settled on herself; knew nothing about the amount.
For the defence, Mr. Crowder alleged that plaintiff did not need to enter so many letters into evidence; it was done to prejudice the jury and embarrass the defendant. The length of the engagement was misstated; it had only lasted seven years, not nine. The fortune of defendant's present wife had been grossly misrepresented; she only had GBP 500, not GBP 3,000, and it was all settled on herself; not a farthing of it could be touched. , The defendant had acted with the most perfect sincerity towards the plaintiff; the engagement had existed, had been broken, and the only question to determine was amount of the damages. They believed it had been terminated in 1842, or at worst 1847. The action could have been filed in 1847, but plaintiff had waited until he married.
The action was filed in December, 1849, so it would annoy defendant's whole family. Had they married in 1842, defendant must have become a bankrupt, have passed through the court, and she would have been miserable and wretched. It would have been a most rash act, for they could not live on love. There was not a tittle of evidence to show that he had any further means of supporting a married life, from 1842 up to the time of his marriage. There was no charge of his attempting to deceive the plaintiff. Therefore, he [Mr. Crowder] did not think damages should be awarded which would be ruinous to the defendant. The jury should endeavour to do justice to the plaintiff, and at the same time to do no ruinous injury to the defendant. The jury retired, and in about half an hour returned a verdict for the plaintiff, damages GBP 130.
MANUFACTURE OF ARSENIC - QUEEN v. GARLAND (Special Jury)
Mr. CAROPENTER ROWE and Mr. KARSLAKE for the prosecution; attorney, Mr. TILLY. Mr. CROWDER and Mr. MONTAGUE SMITH for the defendant; attornies, Messrs. SMITH and ROBERTS.
In this case the defendant, Mr. Thomas GARLAND, was indicted as managing partner in a firm engaged in the manufacture of arsenic at Perranarworthal, for creating and continuing a public nuisance. Mr. Rowe said the case was one of considerable interest and importance to the inhabitants of that neighbourhood; and involved also a general question of great importance to the public, - that being whether any man, whatever his position, had a right on his own property, to carry on a trade which was detrimental to the health, well-being, or comfort of his neighbours.
Perranarworthal is situated between Truro and Falmouth; it is an agricultural parish, and he was told that the population was considerably above the population of many other agricultural parishes in this county. About 1815, a Dr. EDWARDS, a skilful chemist, established some arsenic works in the parish; but at that time it was of small extent, and carried on under the auspices of a chemist, who was well acquainted with the practice, little or no complaint was caused in the neighbourhood. It was not until 1830, after the death of that gentleman, when the works came into the hands of other parties, that any complaint was made.
After that, the works were discontinued; but about 7 years ago Mr. Garland went on with the business, and about three years since, the works were considerably enlarged [Mr. Garland built 3 chimneys, with necessary furnaces. They were not very skillfully built, with the result that they were emitting considerable quantities of a very deleterious and deadly drug, the white arsenic of commerce. It was a nuisance, destructive of the vegetation and the cattle in the neighbourhood; and he averred that MR. THOMAS, the prosecutor, had not been in any way actuated by sinister views in instituting this prosecution.
This indictment had been moved by certiorari, to the Court above, and now came down to be tried on a writ of nisi prius. After some further remarks, he called
-The Rev. FRANCIS WRIGHT, who stated he had been vicar of the parish of Perranarworthal for about four years, but had not resided in the parish more than fifteen months. The extent of the parish was about 1,700 acres, with about one person to each acre. The arsenic works in question were situated near Mellingye Creek, in a valley which runs to the village of Perranwell. (Plans of the locality produced.)
There are several houses in the immediate neighbourhood of the works, and public roads, and there is a church path passing near the works. There is a road above Mellingye Creek which was the old road from Truro to Falmouth.
Last autumn, and during part of the winter, I went several times to visit Captain RICHARDS, who was then very ill and has since died; he lived in a house close to the works. The vicarage is on the south, about half a mile from the works. Before going down I always observed which way the wind was blowing. The chimneys were at times throwing out a great deal of smoke. When I observed the wind, I have on occasions made a circuit of double the distance of the way I might have gone if I had not wished to avoid the smoke. I have never personally experienced any effect of the smoke, because I have always avoided it. Have seen the smoke lying along the valley. The bushes looked blackened, with a deposit of white on them.
Mr. Crowder objected to this part of the question - the nuisance alleged in the indictment was "arising from burning and melting crude arsenic for the making of arsenic, whereby noisome and unwholesome smells arose, so that the air thereby was greatly corrupted and infected." Whether trees were blackened, or cattle affected (as stated by Mr. Rowe in opening the case) was not material to this question. A distinct kind of nuisance had been alleged, and to that the proof must be confined.
The Court thought the evidence admissible; prosecution was entitled to show the character of the vapour from its effects on animals and vegetables.
-REV. F. WRIGHT's examination resumed - The trees and bushes were blackened, with a deposit of white on them. I also observed the herbage; it was unhealthy looking chiefly so in the neighbourhood of the works in the valley; I should say decidedly the land in the neighbourhood of the works is injured. In the beginning of this month, I saw some cattle of Mr. Carlyon's dead; saw the contents of the stomach, and in consequence of the opinion I formed, communicated with Mr. Garland at Mr. Carlyon's request. Mr. Garland's response was that he would take the case into consideration.
-RICHARD THOMAS, civil engineer residing at Falmouth; copied the map produced; had lived in this parish a great many years, but had been obliged to leave. There were ten or twelve cottages in the neighbourhood of the works, and the valley is allotted into closes for agricultural purposes. The land is very variable; a great deal has been inclosed within the last twenty or thirty years; other farms there were more ancient; his father's estate had been inclosed since the time of James the Second.
After Dr. Edwards's death, the works were carried on by a firm, of whom Mr. PAUL WILLIAMS was one. I lost a cow, and had another very ill, and called in a farrier. After that the works were discontinued; then the present defendant took them... Before he entered on the manufacture, I saw him at Falmouth, and [told him about what had happened. Mr. Garland reassured witness he would take care the works should be carried on without any annoyance.]
Did not experience any great annoyance until the new, taller stacks were built. There is a very great difference as to the quantities of smoke coming from the chimneys; they emit immense quantities, night and day, all the year round except Sundays. When there is a light wind, the smoke spreads out a great deal in the valley; and has the appearance of fog; it gives a shocking bad smell.
My own residence at Mellingye is 200 yards from the works; when the wind is south, the smoke from the chimneys comes directly over my house, and spreads over the place. It comes into the house and obliges the windows and doors to be shut. [Had had cattle and horses sicken and die after grazing in the fields near the factory, which were examined by a farrier and by MR. WEBBER. Told Mr. Garland about the horse, and he offered ten guineas in compensation. Witness replied he'd like to consider the offer; had to intention of accepting. Another horse died last Christmas. Let his farm "all run to hay", which was saved and ricked; sold off all his stock.]
The effect [of the smoke] is injurious on the trees and vegetables. We do not plant any vegetables now except potatoes, they growing under ground. The fruit trees are most affected; the blossom is prevented by the smoke from coming to maturity. I pointed out my haystack to Dr. Jago and Dr Vigurs, of Falmouth.
The Court then rose.
FRIDAY, MARCH 28 - before Mr. Baron Martin
Cross-examination of MR. RICHARD THOMAS, by Mr. Crowder - remembered his father building the house at Mellingye; there were no arsenic works there at the time. Witness went to live there about twenty years ago, and continued to live there until within the last year and a half. Had considered the works to be a public nuisance ever since arsenic had been made there. Burning coal or sulphur was annoying, but he should not take the trouble to complain about that; it would not kill his cattle.
The first time he went before the magistrates was in October last, but he had threatened as long ago as Mr. William's time, after he lost some cattle. There were twelve or fifteen people living close by the factory with their families, all employed by the arsenic works; had not brought up any of these people [as witnesses]. Did bring some others from the neighbourhood who were not so employed. Had been obliged to go out of his own house and afterwards shut the windows down to keep the arsenic smoke out. The arsenic smoke was destroying trees all over his property. Believed the grass was poisoned, although it continued to grow. Believed that all the people about there were suffering in the same way.
Re-examined: Witness's father and himself had laid out about GBP 3,500 on the place; the greater part was laid out by his father, before the arsenic works were built. The nearest point of the old Truro and Perranwell road to the factory was 300 yards distance. The distance from the factory down to the new turnpike road near Basset Wharf was 700 yards. There was besides the roads, a public footpath near the factory.
By Mr. Crowder - Had himself laid out about GBP 800 on the house about sixteen years ago. Himself as well as other people had landed ore-weed at the bottom on the road, at Tarn Dean.
-SARAH SIMMONS, servant to Mr. Thomas, lived on the same side of the old road from Falmouth to Truro, as Mr. Thomas's house, at Mellingye, and went to his house every day to take care of it. When there, had felt very much the effect of the smoke from the arsenic works. Had generally a very bad cough from the smoke blowing into the house; could not say what the smell was like; it was very bad indeed. Could smell it when at the cottage where she lived, as well as at Mr. Thomas's house. Had been obliged to move clothes when put out to dry to some land on Mr. Thomas's on the other side of the turnpike, in consequence of the arsenic smoke blowing on them. The clothes kept the smell of the arsenic all day.
In going to Devoran market, had smelt the smoke on the new turnpike road, at the distance of nearly three quarters of a mile from the works. The way to Devoran was along another valley. Had seen the smoke from the Bissoe valley come over the hill and into that other valley. The smoke was visible when she smelt it. It was white smoke. The smell which she had smelt along the road to Devoran was the same as at her own house when the wind was blowing from the works.
-HENRY RICHARDS, who lives at Devoran, formerly worked for Mr. Thomas for six or seven years. Left his service about fourteen months ago. Remembered some three years ago some alteration being made in the arsenic factory; four or five new chimneys were built and a new calciner was built. Since that time there had been five times as much smoke as formerly. When with Mr. Thomas, it was his business to work out on the farm. When the wind blew that way there came up from the factory a smoke that would choke a man. Had been forced to put up his hand to his mouth; and had gone away and left the "stinking old trade." (Laughter) Wished he had never seen it. Used to go out of the way of the smoke to higher ground.
Had been employed at Mr. Thomas's in transplanting trees. Some of them grew and some went dead. Mr. Thomas took up scores of trees and planted them, and they died away. Remembered a heifer dying on the farm about sixteen months ago; soon after that a cow died there. These animals were feeding down the hill. [Had smelt "very bad smoke" up to a mile and a half distant from the plant.] It was stinking stuff - very different from coal smoke.
Cross-examined: it was when Mr. Thomas went to Falmouth that he ordered witness to sell off his stock.... Did not particularly notice the smoke when he perceived it a mile and a half off. Could not see it much then, but could smell it tight enough. Had seen it a mile and half off when the wind was blowing strong.
-RICHARD CURGENVEN VIGURS: I have been in practice at Falmouth as physician nearly ten years. I know the arsenic factory, and was there on the 13th instant. There was then a large quantity of vapour. The arsenic of commerce is manufactured there, from the crude arsenic procured from the chimneys of tin-burning houses. When brought to the factories it is a heavy powdery substance. It is then placed into furnaces and exposed to heat and air, by which it becomes sublimed, and is passed through extensive chambered flues at the end of which is a stack. In passing through these flues, the arsenic is deposited in the chambers, in the form of very minute white crystals. These crystals are collected and placed in refining kettles from which the arsenic is taken out in the form of glassy lumps.
Some of the arsenic goes to the market in that form, but the greater proportion of it is ground to the state in which it is sold by druggists. When I visited this factory it was at work, and I observed a considerable quantity of white smoke passing out of two tall chimneys which I presume are at the end of the flues. I walked across the stream of smoke, and perceived that it had an arsenical, or as it is commonly called, a garlicky smell. It was extremely disagreeable, and it affected my throat with dryness and unpleasant feeling.
If the process of manufacturing arsenic be properly and skilfully conducted, there are thrown off only sulphurous acid, carbonic acid, and a product of fuel. But when unskilfully conducted, a large proportion of arsenic also escapes in the form of a white smoke, such as I have described The cause of that is that the chambers are not sufficiently extensive, or that the work is going on too fast.
I observed that the trees in the neighbourhood of the factory, and particularly on the eastern side, below the works, were damaged; the outer twigs, particularly on the factory side, had perished. The specific gravity of white arsenic is between three and four. Arsenic smoke is heavier than coal smoke. I scraped a tree, not far from the factory, on the west, just at the bottom of Mr. Thomas's land, and, by usual tests, I afterwards at my home ascertained that the scraping contained about one-fifth or one-sixth of arsenic. This was an approximate quantity; I did not make a quantitative analysis. I went into the factory on that day and saw two men in the changing-house, one of whom had sponge in his nostrils, and the other was smoking a pipe. I did not go over the factory.
On the 20th inst., I went to the factory with Dr. JAGO, a physician in practice at Falmouth. We then went through the factory. (Dr. Vigurs here gave evidence of analyses made by himself and Dr. Jago of the scrapings of several trees at different parts of the neighbourhood. The general effect of the evidence was that in nearly all instances they detected arsenic in quantities varying from faint to very marked traces, according, apparently, to the distances from the works, and the position, whether east or west, in relation thereto. They also took some hay from the interior of a rick, from the side not exposed to the factory, and detected arsenic therein.) [It had rained heavily the day before he took the scrapings, which lessened the quantity deposited on the trees; there had been a very heavy shower an hour before they took the scrapings. On the previous occasion when I was there, it was also very wet.]
The smoke does not kill the grass. This is to be accounted for by the arsenic being deposited in a solid form, probably in crystals, so that it cannot be absorbed by the grass; and when washed into the earth, it meets with and combines with lime which makes it insoluable. The effect of arsenic on animal life is to destroy it, howsoever it is taken into the body; if taken in large quantities it will destroy life rapidly; if taken in minute portions, slowly.
If a man inhaled for a considerable time the white vapour I have spoken of, it would eventually materially injure his health. Arsenic, when taken in slowly, may cause disease either of the stomach, intestines, or lungs; or it may cause disease of the brain or nerves; and it may kill without leaving any appreciable mark in the stomach; but when taken in large quantities it irritates the stomach.
Cross-examined: Arsenic is as valuable a medicine as any we have; it is generally the case that the rankest poisons, animal or vegetable, furnish the most valuable medicines. I did not detect any Visible particles on the trees; if the weather had been dry, I might have done so with a microscope. [Had not examined the manufacture before this occasion, but did go through the chambers of the factory about four years ago, as a matter of study.] All that is deposited in the chambers is arsenic for sale; and every particle that escapes the chambers is so much lost to the manufacturer. It is in the interest of the manufacturer to prevent such escape, provided it does not involve too heavy an expenditure to enlarge the chambers; but it might be necessary to expend GBP 100 to save a penny worth of arsenic.
Did not perceive much heat in the stream of vapour that I passed through; the vapour had come down from a great height, from the top of the stacks. Arsenic is, perhaps, fifty or sixty times as heavy as air, and, consequently, its tendency is to deposit itself as close as possible to the stacks; but a good breeze might take it half a mile off. At the point near Perranwell, I found no traces of arsenic in the scraping; the wind had not been blowing from the eastward for a long time; but we detected it nearly as far as that in the direction of the wind.
I went to the factory at the request of Mr. Thomas, to know what was likely to be the effect of the works on the health of the people and cattle in the neighbourhood. It might have been desirable to make a quantitative analysis; but I detected the presence of arsenic and satisfied myself with that fact. On the windward side of the factory we had comparatively slight traces of arsenic; but on the leeward side, the traces were much stronger in every instance. The prevalent wind throughout the year is S.W. to W.
The tests I applied were three liquid tests. The white arsenic of commerce has no smell; it is a combination of the metallic arsenic and oxygen; but arsenic in the metallic form yields an odour like garlic. The white arsenic of commerce - arsenious acid - also possesses no odour in a state of vapour. Before the occasion of my visiting this factory, I had never seen any crude arsenic. To do injury to man or beast, it is not necessary that the particles of arsenic should be taken into the stomach. Experiments have been tried, but it has not been found that the skin will absorb it; but if arsenic were placed on a wound, either in man or beast, it would be absorbed, and, if in sufficient quantity, would cause death. It would also be absorbed by the nose.
I went into the factory, and remained there about five minutes, and saw the men there; I did not go into any of the cottages. When I tested with burning charcoal, I did not get the metallic arsenic; but I smelt it, and that was as good evidence as sight, for the smell told me that metallic arsenic was burning.
Re-examined: [went further into the testing, and the smell. Repeated much of what has been mentioned above, with nothing new added.] When I find the three liquid tests all detecting the presence of arsenic, I am satisfied as a scientific man; I don't know of any other metal to which those three tests might be applied with the same result. It is much more difficult to detect arsenic in the stomach of an animal, because of its mixture with salts and animal matters.
At this stage of the proceedings, the Judge strongly advised on an amicable settlement; and suggested that, as he had known done with reference to alkali works in the north, persons should be appointed to examine the premises from time to time, in order to insure their being properly conducted. No could would direct a manufacture of this sort to be put an end to until every possible means had been tried for carrying it on. After some discussion, during which Mr. ROWE pressed for a verdict and the costs, the suggestion of his lordship proved unsuccessful, and, consequently, the examination of witnesses was proceeded with.
-THOMAS TREGASKIS, examined by MR. ROWE - Was a merchant, carrying on business at Basset Wharf, in the parish of Perranarworthal; and frequently sent timber and other merchandise up to the valley in question. Had four tenants occupying premises of his by that road from Tarn dean. Frequently had occasion to traverse that road himself; on such occasions had frequently smelt a disagreeable smell; at those times, had seen the stacks of the arsenic works throwing out smoke. For a short time, he lived on the hill on the Devoran side; in the mornings could smell the smoke all the way from his house down to the wharf; at those periods the Bissoe valley was filled with smoke from arsenic works. [Whether the smoke came from one more than the others he could not say; probably they all contributed. Could not say that Mr. Garland's stacks had contributed to the smoke a great deal, because of the Bissoe works.
The first of the works up the Bissoe valley was TODD's, about a mile up. ] On that part [of the valley] where the Bissoe smoke does not come, there was no question that more smoke was thrown out than there was three years ago. Last year, witness had cattle grazing in his fields - a horse, a cow, and a pony. The horse died; he was well before put into that field. The cow was ill at the same time as the horse. The Pony was affected slightly, and witness got a farmer in Feock parish to take him for a short time. The horse became very stupid, and very poor, and his hair came off in spots until witness was ashamed to keep him any longer and sold him for twenty shillings; the horse took away a load of coals from his place, but died before he reached Redruth. Since this happened, witness had not grazed cattle in any of these fields.
Cross-examined by Mr. Crowder: Had altogether seven tenants; four of them were in one building; the Tarn Dean property had been his for about four years. The Bissoe valley and the Mellingye Creek join at Tarn Dean Point. Todd's arsenic works up the Bissoe valley were tolerably extensive, but smaller than Mr. Garland's; they were about three-quarters of a mile from Tarn Dean Point. There were other arsenic works besides Todd's up the Bissoe valley, and also large tin burning works which threw out a good deal of smoke. At the tin burning works, he presumed the arsenic emitted was in a metallic state.
In the direction from Tarn Dean to Perranwell, there were no works but Mr. Garland's. There were extensive iron works at Perran Wharf Foundry; a great deal of fuel was burnt there, and large quantities of smoke issued from the furnaces. There was a large population at Perran Wharf. -Should not like to put any horses to keep in his field; had not grazed any cattle there since the horse died; was now breaking up the ground for tillage. [Had built a new road from his place to Tarn Dean; all witness's tenants came that way, but no other person had a right there. The arsenic carts went to Mr. Garland's works on that bit of new road. Fish carts and other carts would go that way to sell to the cottages. Witness had been living at his place four years, and had made no complaint of any public nuisance.
RE-Examined: Had spoken to Mr. Garland privately about this nuisance at the time he lost his cattle. Was on friendly terms with Mr. Garland and supplied his works with timber, deals, and slate. Ever since witness had made his road, no person had been stopped there; it had been used without let or hinderance. The public had a right to come as far as Tarn Dean and unload articles; and occasionally oar-weed or other manure was landed there and carried on over his road. The land between Bissoe Valley and Mellingye Creek was very high.
-HENRY EVANS, a small farmer, living in the neighbourhood . [Cut the fields for Mr. Thomas; showed Dr. Vigurs and Dr. Jago the hay stack.] The smoke had been more of late years than it used to be; it began to get worse perhaps four or five years ago. The lands about the valley were not stocked particularly full; there were cattle in some of them. The trees in the neighbourhood were some dying and some dead. Had seen other persons of the neighbourhood going about these roads and had never been turned back or told they were private roads.
-JOHN NICHOLL, a carpenter, occupying a leasehold tenement at the top of the old road, stated that since the enlargement of Mr. Garland's works the smell had become a great deal worse than before. [Had cattle die; would no longer keep them in that field; the smell was very clear on the old Truro road; at his house the smell was so bad that if he kept bullocks he should be obliged to keep them in house.]
-JOHN KENDALL, a small farmer living in the valley near the old Carnon Bridge; rented some fields just above Tarn Dean on the N.W., and just below the old Falmouth road. Had seen and smelt the smoke from the chimneys of defendant's arsenic works; it was a rather offensive smell; had smelt it when he had been on the road about Tarn Dean. The smoke bothered his breathing. Did not notice that the smoke injured him at his house. Had smelt it when going on the old Truro and Falmouth road, but did not take much notice of it there; had smelt it more when about Tarn Dean.
-JAMES COLLINS, mason, [occupied a cottage and two acres near Tarn Dean. Same testimony as above, including the fact that he had to close his doors and windows when the wind was blowing from the right direction.]
-WILLIAM CARLYON, farmer, living at Perran church-town, occupied some land just south of the factory. In going about the parish, had felt the effect of the smoke, but could not say he had been much annoyed by it; it was a disagreeable smell, but could not say it was very disagreeable. He lived at Perran about six months.
-MARY THOMAS, (wife of MAURICE THOMAS, who is absent from England) stated that she carried on a farm of about twenty-six acres adjoining Mr. Richard Thomas's. had lived there about fourteen years, and during that time had had pretty much stock on the farm. No damage occurred to any of her stock during the time that Mr. Paul Williams had the factory; but since Mr. Garland had occupied the works, her cattle had been taken ill. Four cows feeding in the field nearest to Mr. Thomas's were taken ill, and all died. Mr. Garland made compensation to her for them, after they had been examined by MR. CROWLE, the farrier.
>From that time she had not been able to stock that field; and the two adjoining fields had never been stocked by her consent. On other parts of the estate where she allowed cattle to be grazed, she was obliged to take particular care which way the wind blew, and to move the cattle accordingly; should think there were ten acres where this precaution was obliged to be taken. The farm was a valuable one; had laid out GBP 4,000 in purchasing and improving it. The cattle which had been affected, and did not die, became very poor; good feeding had no effect upon them if they were fed near Mr. Thomas's place.
About a year and a half ago, two horses died on her farm; another was still living, but she believed he was in a dying state. Some of the fences of her farm had been let down by her hind, and consequently, there was a thoroughfare for the horses into the fields near Mr. Thomas's estate. Witness lived between Perranwell and Mr. Richard Thomas's. When walking on the farm, could perceive the smell and the smoke; it was a very disagreeable smell; sometimes the valley was full of it, when the wind was that way. With regard to vegetables grown near the factory, she always took care to wash them very well herself before dressing them.
-JONATHAN WEBBER, had been a farrier about thirty years, and during the last twenty years, had had pretty much experience with respect to horses poisoned about the factories. In August or September last, saw a horse belonging to Mr. Thomas. The horse was in a most dreadful state, trembling every inch of him, and froth working out of his mouth and nose. The smell of that froth was very little different from that which came from the arsenic works. The horse died, and in witness's judgment, from arsenic. Afterwards opened the stomach of Mr. Thomas's pony, which died a month after the horse; found in the stomach a "condensed smoke" from the arsenic - a bluish powder mixed with grass. The internal coat of the stomach was rotten, and had several holes which he could put his fingers through. Had no doubt the pony died from poison; the stomach presented the same appearance as the stomachs of other horses which he had known to be poisoned.
In twenty years, had known of one hundred horses, cattle, and pigs dying in the neighbourhood of the Bissoe arsenic works. A little before Christmas last, examined another horse of Mr. Thomas's, which had died; found the same appearance as in the other case, except that there were no holes through the stomach; the internal coat of the stomach was rotten as dung, and the stomach was left thin as a bladder; the stomach was, like the pony's, of a blackish colour with bluish stuff on it. In his judgment, that horse also died from poison.
On the 23rd of August last, saw a cow belonging to Mr. JOHN NICHOLLS; she was in a very low, droopish, stupid way; he told Mr. Nicholls that she was poisoned and would die, and she did die on the 28th of August. Witness afterwards opened her; her stomach was gone altogether; her liver was very rotten; the stomach was rotten and black, and there was the condensed smoke in it. In his judgment that cow died from poison.
At Mr. Garland's request, met Mr. KARKEEK, veterinary surgeon, about a fortnight ago, at the dwelling house near the works. Mr. Garland asked him to sit down and answer Mr. Karkeek's questions. Mr. Garland asked him how he found those cattle and horses; and witness told him the same as he had now said; and Mr. Karkeek put it down on paper. On Tuesday week, witness saw Mr. Garland again, with his lawyer, Mr. ROBERTS; they also talked to him, and put down what he said. Lived near the Bissoe works, and was int hehabit every day, of going about the neighbourhood. Had smelt the arsenic in the Mellingye valley; knew the smell very well; it was like stinking garlic and sulphur together.
Cross-examined: Was born at Bissoe and had been living about there for fifty-four years. (Mr. M. Smith, the examining counsel, remarked that the witness did not seem to have been much hurt by the smoke or smell.) Had picked up his education as a farrier from others and from his own experience; had never gone away from where he was born to learn his trade. If cattle had been ill a long time from arsenic the liver got rotten; always considered the rottenness of the liver a sign that the animal had died from arsenic.
By the JUDGE - If a poisoned animal lived out the winter, the hair came off in patches about the size of one's hand, and never grew again; in the end the animal would hardly have any flesh, but might linger on for years.
By Mr. ROWE: The white powder which he had found on grass was the same kind as he had found mixed up in the stomach. The outside of the stomach would be in putrid spots, and the inner coat would be rotten altogether.
-JAMES JAGO examined by Mr. ROWE: I am a Bachelor of Medicine at the University of Oxford, and am in practice at Falmouth as a physician; I took my degree in 1843, and have had more or less practice ever since. I have seen persons under the effect of poisoning by arsenic, but I have never seen the stomach of a person who had died from that cause. I have read a good deal on the subject.
I heard the description given by the last witness of the stomachs of animals which had died from the effects of arsenic; and I consider that description to be in the main exceedingly accurate; the appearances were such as one would expect to be caused by chronic poisoning by arsenic. Generally speaking, spots of extravasated blood, of a dark colour would be met with, and these would be taken by persons unacquainted with pathological subjects, to be putrid. They are, according to the best medical authorities, indications of poisoning by arsenic. The hair coming off in patches, and the pining away, as spoken of by the last witness, are remarkable symptoms of chronic poisoning by arsenic, in the human subject; and Dr. Becker, who has written on medical jurisprudence, is of opinion that the effect is the same with beasts.
[Discussed various effects of arsenic poisoning.]
I accompanied Dr. Vigurs on the 26th instant to the factory, and was present during the taking of the eight specimens from the trees of which he had spoken. There were other scrapings which I alone took, and they were analyzed by myself and Dr. Vigurs. (Dr. Jago gave evidence of the results of these several analyses and expressed his concurrence in what Dr. Vigurs had stated.) I have no doubt, said Dr. Jago, that we found arsenic in all the cases stated by Dr. Vigurs, but it strikes me that he ought to have said, in some instances where he has not said so, that we found it in a very marked degree. In the hay-stack it was very decided and remarkable. Concerning the three tests we applied, I say from my practice and reading, that the three tests could never give collectively the results which indicate arsenic, without arsenic being present. In one instance we tried five tests, and they all concurred in showing the presence of arsenic.
[Testified regarding the smell originating in crude arsenic, and how crude arsenic reacts to chemicals, especially oxygen.} I took some crude arsenic from the works home with me, and by the testing with the blow-pipe and charcoal, I obtained the smell of metallic arsenic. In furnaces the great object must be to allow as little as possible of the arsenic to escape; but to prevent escape, it is necessary to have a great draught by a very high stack, or by very extensive works. To manufacture a large quantity, a draught of air is necessary, and the effect of that draught is to send some portion of the crystallized matter out of the chimney into the open air.
Arguing from what I have seen and heard, I should say that is the case in the present instance. Such being the conditions of the manufacture being carried on I should say it would be very unsafe for the cattle and injurious for the pasturage of the neighbourhood. The condensed smoke, as the last witness called it, is a precipitation of that which would be injurious perhaps at the distance of two miles.
Cross-examined: The metallic arsenic contained in crude arsenic is quite an appreciable proportion -enough to give a very decided smell to a very small quantity. By an appreciable proportion I may be perfectly safe in saying from 1-20th to 1-30th part of the crude arsenic is metallic arsenic - that is, twenty-nine parts of arsenious acid to one part of metallic acid.
DR. VIGURS recalled; said he had heard Webber's description of the stomach of the animals that had died, and Dr. Jago's opinion on those symptoms; and he concurred with Dr. Jago in that matter. The pining away of the animals, the dropping off of the hair, the purple spots in the outer coat of the stomach, and the rotten state of the inner coat, were all marks laid down by authorities in such matters.
Mr. CROWDER then addressed the jury for the defence. As regarded arsenic works generally, he impressed on the jury that they were among the most important works carried on in this county. Arsenic was one of the most important medicines to be found in the Pharmacopoeia; and it was quite clear that it must be manufactured somewhere. In this county, too, there were not only arsenic works but burning-houses and other works, not the most agreeable things in the world, but still necessary to be carried on, and the county would be utterly ruined if they were not carried on; therefore, it would be monstrous to attempt to destroy them by such a process as had now been adopted. He admitted, however, that if any such work could be proved to be a public nuisance, affecting the public generally either in their dwelling houses or on public roads, so as to make life disagreeable and unhealthy, such work could not be allowed to exist.
The jury would see whether they could come to the conclusion that this factory was a public nuisance, as charged in the indictment. It was stated in the record that the defendant did unlawfully burn and melt crude arsenic for the making of arsenic, whereby divers noisome and unwholesome smells did arise, so that the air was thereby greatly corrupted and infected.
[He said the evidence regarding the smells was of a most trifling character, while the evidence concerning the death of cattle and horses did not apply. The cattle, it was charged, had died of eating grass coated by arsenic; that did not have anything to do with smoke, or smell, as the coating was of particles. The parties should have taken an action at law between the parties, and not an indictment as for a public nuisance. Mr. Thomas should have taken his personal grievances in an action for personal injury, rather than charging a public nuisance. There was no evidence given regarding the health of the cottagers living near the factory, although all the residents of the cottages appeared to be quite healthy, nor of the inhabitants of Perranwell, where it seemed no one noticed the smell. Most of the population lived in the western part, from which part no evidence whatever had been given as to any noxious smell being perceived.]
The learned Judge then summed up, directing the jury that the question for them to determine was whether or not there proceeded from the works in question, habitually, during the time they were in working, an offensive and disagreeable smell, offensive to the senses and making the air which would otherwise be fresh and pure, disagreeable and unwholesome to the inhabitants of the neighbourhood and to people travelling on the public roads there.
If they should find in the affirmative, then it would be their duty to find the defendant Guilty. But it was not an offensive smell now and then that would constitute a nuisance; for, if so, the common affairs of life could not be carried on. To constitute a public nuisance, the offensive smell must be habitual, making the air that would otherwise be fresh and pure, of an offensive and disagreeable smell. Such being the law in respect of this indictment, he still thought it was competent to give evidence of the effect of the vapour from the chimneys of the arsenic works on the grass and trees of the neighbourhood, for the purpose of enabling the jury to form a judgment as to the smell; but their verdict must be given with reference only to the smell itself.
The learned Judge then spoke of the importance of the case - on the one hand, to the defendant, in respect of his employment of capital, skill, and labour; and on the other hand to Mr. Thomas and other persons living in the neighbourhood, who, whether in their houses or on the public roads, had a right to pure air. His lordship then went through the evidence; and, in conclusion, observed that it was undesirable that any man should be prohibited from carrying on a manufacture which was beneficial to himself and to the public; yet at the same time, he must take care so to conduct his works as not to injure other people.
The Jury, after about five minutes' consultation, returned a verdict for the Crown.
The effect of the verdict, we believe, will be that on the occasion of the next application to the court, some arrangement, such as that intimated by his lordship, will be adopted, whereby the works may be carried on without offence to the neighbourhood.
The business of the Assizes was concluded about two o'clock on Saturday last, and the Judges left Bodmin the same afternoon for Plymouth. They next proceeded to hold the Assizes for the county of Somerset, which commenced at Taunton on Tuesday last.
11 April 1851, Friday
LOCAL INTELLIGENCE
REAR ADMIRAL JOHN TOUP NICOLAS, C.B. &c -
We regret to announce the death of this gallant officer, which took place on Tuesday se'nnight, at Windsor Terrace, Citadel Road, Plymouth. Rear-Admiral Nicolas was the eldest of five sons, (four of whom held commissions in the Navy), and was born near Helston, in this county, the 23rd of February, 1788, and was consequently in his 63rd year.
He entered the profession in 1797, and after service in several ships of war, was promoted by the Admiralty to the "PILOT" 18, and sailed in her from Spithead, in April, 1810, with a large convoy of merchant shipping, under Captain DUNDAS, in the "EURYALUS". Captain Nicolas in the "PILOT" did very great service to his nation, while on the East and West Coasts of Calabria, where he captured and destroyed alone, upwards of one hundred and thirty of the enemy's vessels. On the 17th of June, 1815, the "PILOT" attacked the French man-of-war "LEGERE," mounting 28 guns, and caused her to run. On this occasion, Capt. Nicolas received post rank. On the 4th of June, 1815, the Prince Regent conferred on him the companionship of the Order of the Bath, and on the 4th of October in the same year, His Majesty the King of the Two Sicilies conferred on him the small cross of the Royal and Military order of St. Ferdinand and Merat, and on the 26th of April, 1816, he was raised to the rank of Knight Commander of the order of St. Ferdinand.
In March and April 1816 the "PILOT" accompanied Lord Exmouth to Algiers and Tunis, when all the Neapolitan and Sardinian slaves were liberated and in July she was paid off. The last active appointment held by Capt. Nicolas was that of Captain Superintendent of the Royal William Victualling Yard.
LOCAL INTELLIGENCE
ECCLESIASTICAL
The REV. CHARLES LYNE has been presented to the perpetual curacy of Tywardreath, in this county, by Mr. WILLIAM RASHLEIGH, vacant by the resignation of the Rev. JOHN COVENTRY. Value, GBP 135 per annum.
-The following rectories in this diocese are vacant, by the death of the REV. W. MOLESWORTH, and are in the gift of Sir W. MOLESWORTH, Bart., M.P.
- St. Breocke, value GBP 859 with residence; St. Ervan, value GBP 400 with residence; and Beaworthy, Devon, value GBP 143 with residence.
-The REV. CHARLES HENRY HOSKEN, late curate of Sherborne, Dorset, has lately received a testimonial of esteem and affection from the parishioners.
ROYAL COLLEGE OF SURGEONS
Mr. WILLIAM DAVEY HAYE, of Callington, in this county, having undergone the necessary examinations for the diploma, was admitted a member of the college on Friday last.
ROYAL AGRICULTURAL SOCIETY
Mr. CHARLES WHITFORD of St. Columb, and MR. GEORGE LOBB, Lawhitton, Launceston, have been elected members of the Royal Agricultural Society.
PROBUS FAIR
At this fair on Monday last, there was a good supply of cattle and sheep; but sales were not brisk though there were a great many bargains. Beef sold at from 38s. to 42s. per cwt., fat sheep at 5s 3/4d. per lb.; Ewes,and Lambs, 29s. to 37s. a couple. Lean cows fetched 28s. per cwt. There were but few plough oxen, and not many sales were effected with them.
GREAT EXHIBITION
The Cornwall Central Committee, have, in compliance with an invitation from the Royal Commissioners, nominated the following three gentlemen to fill the office of Jurymen in their respective classes. For Class 1 (Minerals), Mr. JOSEPH CARNE, Penzance. For Class 5 (Machinery), Mr. NICHOLAS HARVEY, Hayle. For Class 27 (Manufactured Stones, Marbles, &c.) Mr. W. M. TWEEDY, Truro.
THE MOUSEHOLE FISHERMEN
A correspondent writes as follows: The poverty with which the fishermen of Mousehole are at this time contending, cannot but be apparent to the most casual observer. Although some kind friend, within the last ten days, has supplied the wants of a few, still the main bulk of the people are in the most abject poverty, and the scarcity of fish on the coast seems to bode some dreadful deprivations. The fishermen have been industriously trying since Christmas, but I may say that during that time some of them have not earned the bread they have eaten, and I doubt not that many, through a delicacy of feeling to have their cases known, have felt all the severities of poverty. I trust that some kind friends will commiserate the case of these thrifty, but poor people, and endeavour to mitigate the calamity under which they are suffering, and grant them that timely aid which they so much stand in need of.
ARSON - A correspondent requests us to contradict some of the statements in the paragraph under the above heading, which appeared in the West Briton of last week. The statement that a rick of hay was set fire to was, he says, incorrect, and it was also incorrectly stated that any indifference was shewn by the people to the destruction of Mr. Martin's property. Every one who could, assisted most strenuously in putting out the fire, and greater zeal in the matter could hardly have been shewn if the parties engaged had been attempting to save their own property. Our correspondent also contradicts the statement that the barn and stable were entered, and an attempt made to set fire to the building, which was prevented by there being no hay or straw contained in them. It appears that there was both hay and straw at the time, and that there is no reason to suppose that any such attempt was made.
FIRE
On Sunday last, one of the chimneys at Pendrea, in Gulval, the residence of Mr. J. S. BEDFORD, took fire, and the sparks ignited the roof, but by active exertions the fire was extinguished with but trifling damage.
FURZE BRAKE ON FIRE
On Monday evening last, about eight o'clock, a furze brake was wilfully set fire to, on Treworgans estate, in the parish of St. Erme, about three miles from Truro. The brake was about three acres in extent, and is the property of Mr. COLLINS, of Truthan. A number of persons were soon collected on the spot, from the neighbourhood, and from Truro, and the progress of the fire, which was burning fiercely, was eventually stopped by cutting a lane in the furze. A reward of GBP 10 has been offered by Mr. Collins for the discovery of the offenders, but hitherto without success.
ACCIDENT FROM FIRE ARMS
On Thursday evening, the wives of two men returning from Penzance market, had a dispute on the way with a man called HOLLOW, who lives near them in the parish of Sancreed. On arriving home, they told their husbands, named ELLIOT (father and son) of what had taken place, who went out and ill-used Hollow, and pulled him off his cart. He, fearing his life was in danger, ran into his house, caught up a gun, and dared his assailants to approach him - threatening to shoot them. They succeeded, however, in wresting the gun from him; when the elder Elliot, attempting to break the gun in pieces by dashing it against the wall of the house, the percussion cap which was on it suddenly exploded, and the gun proving to be loaded, the charge was instantly lodged in the lower part of one of his legs, carrying away almost all the flesh below the knee, and inflicting injuries which threaten to incapacitate him for labour for the remainder of his life.
It appears that he did not believe at the time the piece was loaded.
SAINT AGNES
At the Polberrou Mines, on Saturday last, another severe accident happened to two men named ISAAC COCK and JOHN JAMES, miners, by the falling of some rocks from the back of the pitch where they were at work, and in the course of the accident, one noble incident occurred which will ever reflect honour on the miners. James was buried first, and Cock ran in to extricate his comrade, during which the ground still continued coming and Cock shared the same fate as James.
In mines of this description there should be more timber used, and put into the hands of the men, for, from the modern improvements in machinery, men can obtain a respectable livelihood where some time since it could not be done, they, therefore, will risk in old mines much further than prudence will warrant, unless they have timber. It is politic too for the gain of any mine of this description. Both the men are now declared out of danger, although James will be a cripple for life.
CORONER'S INQUESTS
On Monday last, an inquest was held before Mr. JOHN CARLYON, county coroner, at the workhouse, Penryn, on the body of a child, named JAMES TRESIDDER, aged 7 years. Deceased was an illegitimate child, who had been deserted by his mother, and resided with a family by the name of MOYLE, in the parish of Constantine. During their temporary absence he caught his clothes on fire in attempting to lift a teakettle from the fireplace, and was so dreadfully burnt that after some days he was removed to the workhouse, where every attention was paid to him; but he died from exhaustion consequent on the discharge from the burns last Saturday. Verdict, accidental death.
On the same day at Chacewater, in the parish of Kenwyn, on the body of PHILIPPA BRAY, of St. Agnes, widow, aged 62 years, who died in a very sudden and unexpected manner on Sunday last, whilst on a visit to her daughter at Chacewater. Verdict, visitation of God.
COUNTY BUSINESS
COUNTY LUNATIC ASYLUM - VISITING COMMITTEES' REPORT
[In making their annual report to the magistrates in Quarter Sessions, they begged to express their satisfaction with the present state of the establishment. The new buildings are found to be most commodious and healthful, and by the additional room they afford, the establishment is fully equal to the wants of the county. Several cases of cure were submitted to the committee; unfortunately, they did not equal the number of new cases - a very great number of hopeless and confirmed cases had been sent to the Asylum within the last two years.
Many of these cases were kept back for want of room in the County Asylum; too, it is probable that motives of false economy have led to the detention of many patients at home, where the patients did not receive early care, and cases with every prospect of cure by the cruel delay have become entirely beyond the reach of medicine and discipline. To remedy this evil, which arises from a fear of cost, the committee have been doubly anxious to compromise in every particular, and have reduced the charges whenever the prices of food would admit of it.
Already during the past year they have taken off sixpence per week, and they have great pleasure in announcing that a further deduction of sixpence is to take place from Christmas last, and this without the slightest interference with the dietary, which is ample and excellent. The grounds and gardens are now progressing, as patients do the principal part of the work. This represents a savings of GBP 400, had the work been done by contract.
As to the Report which the Visiting Commissioners made, which, in the absence of the Domestic Superintendent, seemed to reflect on that excellent officer and on the Visiting Committee, and which had been printed and sent to every Asylum in England, Mr. N. KENDALL [as Chairman of the Visiting Committee] requested that it should be withdrawn, or the reply be printed by the side of that report. He then addressed each of the errors in the report which had resulted either from information withheld or wrongly given. For instance, they had reported there was no tool-house connected with the Asylum, whereas the fact was that there was an excellent tool-house. Upon investigation, it was found that the steward, who acted as guide to the Commissioners in Mr. HICK's absence, had, in his misplaced enthusiasm, denied there was a tool-house, in the hope that budgetary restraints would be removed, and they could have "the first institution in the world." He felt we "were toiling in a way of stinted economy, and all that was wanted was a length and breadth of money to carry the institution to an unlimited extent -we should have more room and a better tool-house there, and that we should have a glorious place."
The man has been very ill since, and has been obliged to go away for a change of air. Mr. Kendall was sure he had no idea of injuring Mr. Hicks, or getting his situation for himself; Mr. Kendall's idea was that he is a visionary man, and he thought we should have a very grand thing if only we had the money. There was a complaint that patients were in the courtyard, when tools were there. Normally, when the patients were at dinner, the gardener, who was employed four or five days a week, would take the tools in charge. The usual practice is that after the patients dine, the servants take their dinner; but the Commissioners, in order to review the whole of the men in the court-yard, ordered them out there immediately before the servants had dined. So it was true, as far as words go, that the court-yard was full of patients when the tools were there. But it is not fair to say that this was owing to any fault in the arrangements of the Asylum; and was it not disingenuous and unfair on the part of the Commissioners to make this kind of rejoinder to the remarks of the Visiting Committee? If they made a mistake, why should they not confess it afterwards?
Then too, the Commissioners thought proper to say that the larder was improperly built; they would not have sanctioned any plans that included a door. However, Mr. WIGHTWICK, the architect, was sure the Commissioners themselves changed the original plan, which had no door; it was their own alteration.
Sir COLEMAN RASHLEIGH, a member of the Visiting Committee, observed that the letter which had been sent to the magistrates at the Quarter Sessions during the last sessions, seemed to convey a censure on the visiting committee .
Mr. KENDALL said that up to this point the committee had always received perhaps even more than their share of praise from the visiting commissioners. The Bodmin Asylum appeared to rank high in the commissioners' estimation; the only fault found was that they had been somewhat dilatory with regard to the buildings, but this the committee could not help, it having resulted from the want of money. But after the commissioners had been ten months absent (during which it could be shown that more had been done than for years previously), they came down again, and in the absence of the Superintendent, produced this very erroneous report.
Mr. Kendall pointed out that Mr. TYERMAN gave an order that everything should remain in its place, exactly as it stood, and not a single article should be touched during the Committee's visit. A nurse had very properly thrown a mattress, which was no longer of use, from a window into the yard - but it had not yet been removed. The Committee pointed to this as a point of criticism.
Even the economy that was exercised in the establishment had been turned against them into a matter of complaint. There was a clever man in the establishment who was a smith, and by employing him at an expense of GBP 7 a year, they were enabled to save from GBP 40 to GBP 50 a year. That man daily superintends the various pipes and so on, and in the course of a short time would discover any leakage and repair it; yet there was a leakage reported on, and the report printed at the expense of the country and sent throughout the Asylums of England.
THE CHAIRMAN: They also found fault with the gravel walks, which were not in use. They were in course of being laid; you had dug to a considerable depth for draining, and in that state they were seen; they were gravel walks in the course of being made.
Mr. KENDALL said he wished the Commissioners would come down now. The Visiting Committee would give them every assistance in their power, and convince them they were in error. [The Commissioners had been invited, but had not responded to the invitation, nor acknowledged receipt of the newspaper accounts of the last Sessions.]
THE CHAIRMAN suggested that the committee might need to be satisfied with a general expression of confidence on the part of the Court. He hesitated not to say how much the county was indebted to those gentlemen who took on this most disagreeable task, and carried out their duties so well. He proposed a resolution of confidence, which the Hon. G. M. FORTESCUE begged to second. He entirely concurred with Mr. TREMAYNE as to the obligations the county was under to those gentlemen for undertaking their very difficult task, and suggested a copy of this resolution be sent the committee.
BRIDGES - Mr. Moorman, surveyor of the western district, stated that no particular report was necessary for any bridge in his district. Mr. Pease ,surveyor for the eastern district, reported some slight repairs to several bridges. Of Tamerton bridge, both arches must be taken down and rebuilt from their spring; the pier and abutments below were sufficiently strong to be built upon. Until the works were somewhat advanced, it would be necessary to close the bridge to the public for about a fortnight.
TREGONY BRIDGE - Mr. Gwatkin said, some years ago, on the representation of one of the Justices for West Powder, the small grant of GBP 10 was made for raising the road near Tregony bridge, to prevent it being overflowed. [Since then, the state of the bridge had deteriorated.] The bridge is situate at the foot of Tregony hill, across the Fal, on the way to Truro. It consists of a small arch on each side and a large arch across the river, and there is a causeway connected with the bridge of about 100 feet in length, which crosses two low meadows. Many older residents had told him that they had driven under the bridge with a cart. He believed that unless some remedy were provided, the river would force itself over the bank into the adjoining meadows, and not having any outlet, would destroy the causeway.
There was also another bridge in the neighbourhood belonging to the county, built for the purpose of discharging a considerable stream of water which comes down the neighbouring valley; but in consequence of an accumulation of sand against the mouth of the arch, there was not sufficient space to discharge the back water, which is considerable, and during the summer months becomes stagnant and extremely offensive. He thought the county should do something to prevent the evil consequences that must follow if the sand were not removed. In connexion with this subject, he would like to mention from the toll gate at the bottom of Tregony hill, toward Ruan, the road is frequently under water, and was particularly dangerous since there are deep ditches by the side of the road.
The Trust have had the road surveyed, with the intent of raising it above the flood water, but the surveyors employed, Mr. TRETHEWY and MR. HICKES, of Truro, say it would be better to deepen the river's channel at Portsgate and cut it straight.
The cost of raising the road would be GBP 108, and of cutting the river and deepening it, GBP 178. Once the sand was removed, there would be a proper fall from the bridge. He handed in a plan and estimate by Mr. WHITLEY, of Truro, which stated that the soffit of the large arch is now only two and a half feet above the surface of the water, and only four feet above the bed of the river; that the sand had accumulated under this arch five feet within the last twenty years; that 120 acres of land had been destroyed or much damaged. Mr. MOORMAN said part of the bridge belonged to Tregony; but Mr. GWATKIN said Tregony had not the means of doing [what] was required; the arch belonging to Tregony was filled up.
Mr. TREMAYNE pointed out Mr. GWATKIN had omitted one point, that the bridge was the only means of access the people of that part had to Truro, unless they crossed the set at Ruan. Mr. Gwatkin said they would otherwise have to go to Grampound, ten miles round.
He was authorized to say that Mr. GREGOR had offered to give GBP 100 toward the GBP 178 expense, and he believed the trust commissioners would be able to raise the remaining GBP 78; but it was necessary that the two improvements should be made simultaneously. Sir Colman RASHLEIGH inquired whether the accumulation of sand under Tregony bridge endangers the structure? Mr. Moorman replied, certainly, though not immediately. To further questions, Mr. Moorman replied that if the banks of the river are raised, it would swamp the bridge.
Mr. Tremayne thought it might be in the interest of the county to keep up the bridge, because if destroyed, it might involve the county in building another. He understood that Mr. TRETHEWY, acting as Mr. HAWKINS's steward, had prevented very much the accumulation of sand in the upper part of the river; and the sand accumulated at the Tregony part had been where no such precautions had been taken. He favoured the plan for cutting a new channel, as now although the upper bridge at Nansladron was covered with sand, the lower at Pentewan was more clear now that it had been for thirty years past, and this was solely, he believed, from keeping the channel narrow and straight.
Mr. Gwatkin then gave notice that at the next sessions he should move for a grant of GBP 60, for the purpose of removing the sand and gravel accumulated within certain limits above and below Tregony bridge; in the interim, Mr. Moorman and Mr. Pease to examine the bridge and accumulations of sand, and to report the best means of preventing them, and how far the county is liable to the same. Mr. Gwatkin said he had given this notice based on the estimate of Mr. Whitley; but he presumed that Mr. Moorman and Mr. Pease would furnish an estimate.
LOOE BRIDGE - Mr. Pease reported that the wooden part of this bridge had been broken up, and the state of the girders was found to be worse than he had anticipated. All the girders as well as the planks on the eastern opening must be replaced by new, and also some of the western opening.
[He had advertised for oak timber for repairs, but as the cost of the timber alone was twice as much as the sum allowed by the magistrates, he had waited for this session before taking action.] The REV. R. BULLER said the bridge was dangerous to the lives of her Majesty's subjects. Mr. Pease agreed. The Rev. Buller then said GBP 80 would meet the cost of present repairs, but should that money not be allowed, such was the danger of the bridge that perhaps there would be some unwilling martyrs before the next sessions.
A question regarding the Admiralty was raised, amendments were suggested, and at length the Rev. Buller proposed that Mr. Pease be directed to draw up a report, to be submitted to the next Quarter Session, with a view to its submission to the Lords of the Admiralty. This proposal met with no objections.
TRIALS OF THE PRISONERS
THOMAS HARPER, 29, and PHILIP CARLYON, 32, were charged with stealing, at the parish of St. Mewan, on the 4th instant, two hen turkeys and a fowl, the property of Mr. ROBERT BUNN, of St. Austell. Mr. SHILSON for the prosecution, Mr. CHILDS for the defence. Mr. Shilson stated the case, then called:
- THOMAS RICHARDS, from whose evidence it appeared that Mr. Dunn, of the hotel at St. Austell, keeps also a farm at a short distance from the town, called Trelowa. The witness, Richards, acts as Mr. Dunn's hind on this farm. [On Friday the 4th instant, he saw the fowls in a wain-house on the farm premises. The next morning, on going into the yard, he saw a quantity of feathers, and the turkeys and fowl were gone. He traced the feathers across the farm, over a hedge into a field belonging to MR. EDWARDS, where he saw the footsteps of two men. On examination, the tracks showed one man had seven hobs on the heel of his right shoe. He continued following the trail toward Truan, where the prisoners lived. About fifteen yards out from the pathway in Polterro moor, he found more of the turkey feathers.
Afterwards, found in prisoner Carlyon's house the wing of a turkey, in a wood corner; it was of a dark colour, as one of his turkey's had been. Harper's boot was compared, and corresponded with the tracks having seven hob-nails and an iron skute partly broken.]
Cross-examined: The prisoners live near together. The feathers and wing of the turkey which were found I believe are those of the lost turkeys, but cannot swear to them.
-The next witness was a policeman of St. Austell, who examined the footmarks, and found the tracks of two men and a dog. From Polterro moor, he and the last witness went to prisoner Carlyon's house. Saw his wife looking out of the chamber window; she came down, and had then blood and feathers on her gown. She went up hastily and the constable followed. She began to double up the bed-clothes, but he turned them back, and found on the bed-tie two legs of a fowl and entrails of a fowl or turkey, which were then warm. Saw a knife with blood and feathers on it, and on the floor what were apparently turkey's feathers; also found downstairs in a crock over the fire, part of a fowl.
Went to Harper's house under the same roof, and took his boots, which were then damp, and the right one corresponded with the track with which it was compared in the moor. Witness afterwards took Harper into custody, when he said that he and Carlyon came from Polgooth together, and Carlyon had his dog with him. On Sunday night the policeman apprehended Carlyon at his sister's house at St. Ewe, about three miles from his own house.
Mr. Childs addressed the jury for the prisoners, contending that the evidence was not conclusive against them; there was nothing to show positively that the feathers &c. found were those of Mr. Dunn's turkeys and fowl. As to the footmark with which the shoe found in Harper's house corresponded, it was not shown that he had been wearing that boot, or if he had, he might have been passing over the ground for innocent purposes. The jury retired for some time to deliberate; then returned and found the prisoners Guilty. They were each sentenced to Four Months' hard labour.
RICHARD ALLEN, 44, was charged with stealing at Bodmin, nine pounds weight of beef, three pounds of pork, and a pound of suet, the property of WARWICK GUY, the younger. Mr. J. B. COLLINS conducted the prosecution.
Mr. GUY stated that he was a butcher, and attended Bodmin market on the 22nd of March. He had a cart with meat on it, which was placed in Mr. FRAMPTON's yard, at the Town Arms, adjoining the back of the market-house. On the evening of that day he had a basket in his cart containing two pieces of beef, a piece of pork, and some suet. He had tied an oil-cloth over the cart preparatory to going home, and had ordered the ostler to put to the horse. He then left the cart and went into the market-house for his great coat, which he had left on the stall. As he was going into the market-house by the back way, he saw prisoner there a little distance from his stall. When he returned with his coat, he went through the market-house into the front street, then through Mr. Frampton's house down to the back yard again.
On getting to the entrance of the yard, he saw prisoner standing between the shafts of his cart, with his hands over, tying up some beef in a handkerchief. He stood still to watch prisoner, who turned round to come out of the yard, having the handkerchief containing the beef and other meat in his hand. He observed prosecutor, and threw the meat under the cart in the handkerchief. Prosecutor ran to take up the handkerchief to see what was in it, and prisoner ran away. Called the ostler, and searched, but could not find the prisoner. Examined his cart, and found that all the meat that was in his basket was gone, and that the oil cloth had been untied. The meat was his property. Verdict, Guilty. Sentence, Three Months' hard labour.
NO BILL - The Grand Jury ignored the bill against RICHARD QUILLER, charged with embezzling the monies of THOMAS HARWOOD and others, of Penryn.
The Chairman discharged the Grand Jury at about one o'clock this day, with the thanks of the county for their services.
Two or three appeals were entered and adjourned.
PERRANARWORTHAL, appellant; KENWYN, respondent. Mr. Childs, for Mr. Genn, on behalf of Perranarworthal, said this was an appeal against an order for the removal of MARY and REBECCA DAVEY, from the parish of Kenwyn to Perranarworthal. He moved the case be adjourned. Mr. SHILSON, for respondent, consented to the adjournment, on condition that appellants admitted the birth settlement of pauper's deceased husband, to have been in the parish of Perranarworthal. Mr. Childs assented to this condition.
RECOVERY OF MALT DUTY - Mr. DARKE made an application for the return of duty on the destruction of malt by fire. [The act provided that in such cases the proprietor should apply to the Quarter Sessions wherein the malt had been destroyed; the court of sessions was authorized to examine witnesses on oath, and to grant a certificate that a certain amount of malt had been destroyed, on which the duty had been paid. On the production of that certificate, the Excise would repay the duty.]
Mr. Darke called WILLIAM SCOWN, jun., who deposed that his father is a maltster at Stratton, and on the 19th of December last, his malt-house was destroyed by fire; it arose from the kiln, and was discovered about two or half-past two o'clock next morning. It had been an accidental fire; the duty had been paid on the malt, amounting to GBP 106.9s.3 1/2 d. , or 2s.7d. per imperial bushel, and five per cent on that. He had altogether 985 bushels. PHILIP MAINE, supervisor of Excise for the Bideford district, in which Stratton is situate, said he had ascertained the quantity of malt which would be on the premises at the time, which agreed with what the last witness had stated, namely 785 bushels, after allowing for increase. [this may be in error, as Mr. Maine just said 785 bushels, not 985.] The duty, GBP 106.9s.3 1/2d. had been paid, and that was the amount entitled to drawback. The Court granted the certificate necessary for the return of the duty.
This concluded the business of the Sessions.
18 April 1851, Friday
CAUTION
I, ABRAHAM PROUT, of the parish of St. Agnes, HEREBY GIVE NOTICE that I will not be answerable for any DEBT that my wife ELIZABETH PROUT may hereafter contract.
Witness my hand this 16th day of April, 1851.
ABRAHAM PROUT
NOTICE
ANY PERSON INDEBTED to the Estate of the late SAMUEL JEWEL, and the late firm of JEWEL and SON, Surgeons, Tregoney, are requested to pay their respective amounts to D. M. JEWEL, Surgeon, Penryn; and all Persons having any CLAIM on the Estate, will forward their Accounts to the above-named Trustee.
INTERNATIONAL NEWS
The "PROPONTIS" brought several passengers, and some important government dispatches from the Cape. The news in reference to the Kaffir war is satisfactory, although no very decisive event had taken place beyond the storming of Fort Armstrong, by a detachment under Major General Somerset, (which was most successful and accomplished with small loss on our side), and the defeat of the rebels in an equal summary manner at Kat River. The Governor, Sir Harry Smith, had at the time the latest accounts reached Cape Town, been so considerably reinforced by regulars and the Colonial auxiliaries, that he was prepared to act without further delay on the offensive, and the most favourable results were anticipated and may be looked for by the next mail.
The Royal Mail steamer "CLYDE" from Mexico and the West India, brought besides passengers, the following on freight: 928,777 dollars on merchants account; 81,828 dollars for the dividends; 460,504 dollars in value god dust, bars, &c; 144 Scrons of Cochineal; 38 ditto of Jalaps, and 93 packages of sundries.
UNIVERSITY OF OXFORD
We have much pleasure in copying the following from the "University and Clerical Intelligence" of the 12th instant: - "The judges appointed to adjudge the first Arnold Prize for the encouragement of the study of history, have awarded it to Mr. ADAM STOREY FARRER, B.A. of St. Mary's Hall, and at the same time have recommended as worthy of distinction, &c, MR. CHARLES W. BOASE, B.A., Fellow of Exeter, the author of the next best essay. The subject was "Whence arose the greatness and decay of the power of Carthage?" It will be remembered that Mr. Boase was a pupil of the Rev. DR. TANCOCK during the time he presided over the Truro Grammar School.
SYNOD of the CLERGY OF THE DIOCESE
The Bishop of Exeter has just issued a pastoral letter to the clergy of the diocese, in which he announces his intention of holding a diocesan synod: "It is my purpose.. to invite you.. to meet me in a diocesan synod ... and there to call on you to express or refuse your concurrence with me in a declaration that we adhere ... to the article of the Creed "I acknowledge one baptism for the remission of sins," which article we consider to have been virtually denied, when her Majesty decided, as she did, on the report and recommendation of the Judicial Committee of the Privy Council."
[The article continues on for much longer with lots of explanation.] The pastoral letter is a somewhat voluminous publication, occupying between one and two hundred pages, and its contents are as follows: Judgment in Gorham v. Bishop of Exeter - Doctrinal statements of Archbishop of Canterbury - Catholic Doctrine:Sacramental System - Catechising - Royal Supremacy - Statements in Bishop of London's Charge,1850,(as remarked upon by Lord John Russell - APPENDIX: Address from Clergy in Prussia - Sir G. Grey's Letter to Archbishop of Canterbury.
PROBUS FARMERS' CLUB - At the last monthly meeting of this club, a lecture on "The Cultivation of Flax" was read by Mr. W. E. GILL, of Truro. [The history of flax, a native plant, was given; discussion of how Chevalier CLAUSSEN has shown farmers how to use flax as they now use cotton, pointing out six millions of pounds sterling was being paid to foreigners for flax, linseed, and oil-cake, all of which can be produced by our own farmers. Mr. Gill then explained how to prepare ground for flax, choice of seeds, and the proper time for harvesting and mode of saving it.] After this they came to a resolution.. they being of opinion that flax may be grown in Cornwall with advantage to the former in the event of a market being open for the straw. They also thought it desirable ... that a company be formed to purchase and pass flax straw.
ABATEMENT OF RENTS - On Monday last, the rack-court of the Hon. MRS. AGAR, for the Meneage district, was held at the Angel Inn, Helston, when the liberal allowance of twenty per cent was made to the tenantry, and a new valuation of the lands has been directed, in order to adjust the rents to the depressed state of agricultural produce.
PENDENNIS GARRISON - The detachment of H.M. King's Own (4th regiment) the 5th battalion company, under the command of Captain BARTLET, was relieved on Wednesday, by a company of the 77th, under the command of Captain FELLOWES. The reason of the short stay of this company is that the 4th is about to proceed to Leeds.
THE CATHOLIC CONVENT AT PENZANCE
This convent (of the religious order of St. Mary the Immaculate) has been broken up, it is understood, from a want of funds. All the occupants of the convent, with the exception of one of the English ladies (Miss Day), have taken their departure for France.
POPULATION OF ST. AUSTELL, ROCHE, and ST. DENNIS - The following is the population of these parishes, as ascertained by the Census:
Population
Parishes................No. of Houses......1851
St. Austell - Inhabited - 2,041....uninhabited-73 Building-14......males-5,221.....female-5,529....total-10,753
1841 total....1831 total
....10,179.........8,708
Roche - Inhabited -335........uninhabited-33..Building-1.......males-998.......female-865.......total-1,863
1841 total 2,041......1831 total=1,630
St. Dennis - Inhabited -175........uninhabited-4...Building-0........males-453.......females-435......total-888
1841 total-528.........1831 total-721
Showing an increase of the population in St. Austell since 1841, of 574, and since 1831, of 1995; a decrease in the parish of Roche since 1841, of 178, and an increase since 1831, of 303; and an increase in the parish of St. Dennis since 1841, of 60, and since 1831 of 167. The census of 1841 was taken on the 8th of June, which was the feast Monday both in the parish of St. Austell and Roche, when no doubt the returns showed a much larger increase in those parishes, from the great number of visitors.
SHIPPING - FOWEY
On Friday last, the barque "ROYAL ADELAIDE" sailed for Quebec with passengers. She proceeded with a fair wind, and from her fast sailing qualities very soon disappeared from our shores. She was fitted in every way to afford comfort to all on board, and as a passenger ship, she has been hitherto very successful. On Tuesday last the barque "GOOD INTENT" sailed from Fowey, as previously advertised in our paper. Her superior accommodations and punctuality continue to render her a favourite ship. The emigrants expressed themselves highly pleased with the spacious berths, &c., provided by her owners, the urbanity of her master Capt. WARBURTON, and the general kindness and assistance afforded by MR. COUCHE, the agent.
FIRE - On Friday night last, the brake at Treworgans in St. Erme, (the property of Mr. COLLINS, of Truthan) was again set on fire, and about an acre of furze burnt. A reward of GBP 50 has been offered for the detection of the offender.
ALARMING FIRE IN A MOWHAY - On the evening of Thursday the 10th instant, a fire was discovered in the mowhay of Mr. P. NANKIVELL, of Ruanlanihorne. About two loads of straw were consumed; but, by the prompt assistance of the neighbours, it was soon brought under, so that no further damage was done. As no account can be given for the accident, there are strong reasons to think that some person must have done it wilfully.
BREACH OF THE PEACE - ABEL STODDERN, of St. Austell, a notorious character, was taken before MR. E. COODE, jun., charged with having on the 14th instant, used violence towards, and threatened to murder, ANN STODDERN, his wife. He was bound over to appear and answer the charge at the next general quarter sessions.
ACCIDENTS
-On Wednesday night the 9th instant, as MR. RULE, maltster, of Chacewater, was riding from Truro homewards, on a spirited horse, he was thrown when near the third mile-stone on the Redruth road, and received a concussion of the brain. As soon as discovered he was taken into the Victoria Inn, and medical attendance procured as speedily as possible.
-On Thursday the 10th instant, as a lad of ten years of age, son of Mr. JAMES, of Bosullow, Madron, was engaged with another lad in harrowing with two horses, one of them got his leg over the trace, and in attempting to replace it, deceased received a kick in his bowels, from the effects of which he died in twenty-four hours. An inquest has been held before MR. HICHENS, jun., and a verdict of "accidental death" returned.
FATAL MINE ACCIDENT
A very serious accident occurred at Dolcoath Mine on Monday morning, bwtween nine and ten o'clock, JOHN HARVEY, living at Pengigon, went as usual to his labour, and had been underground but a very few minutes when a piece of ground fell on him, and he was taken out some time after dreadfully mangled and quite dead. He has left a widow and four small children to lament their loss.
CORONER'S INQUESTS - The two following inquests were held on Saturday last by JOHN CARLYON, Esq., County Coroner: At Twelveheads, in the parish of Gwennap, on the body of JOSEPH GILL, aged twenty years. The deceased was a miner, and worked in part of Consols Mine, known by the name of Wheal Fortune. On Friday last, while he and his comrade were at work in the forty-fathoms level, a scale of ground, from thirteen to fifteen cwt., turned out on him and injured him so severely that he died in about three quarters of an hour after he was conveyed to the surface. Verdict, accidental death.
At Carharrack, in the same parish on the body of ELIZABETH LEAN, widow, aged fifty-three years, who died on the morning of that day in a sudden and unexpected manner, and under circumstances which called for an inquiry. MR. INSTAN, of St. Day, surgeon, who was examined at the inquest, having deposed that he saw no reason to suspect that she had died from other than natural causes, and that in his opinion the most probable cause of death was congestion of the brain from indigestion, the jury were satisfied, and returned a verdict of "died by the visitation of God."
25 April 1851, Friday
This is actually broken into 2 parts; the first gives all the basic information regarding the crime, while the second contains the depositions in front of the magistrates regarding activities, etc. All the details in the second part are covered again in upcoming issues, as testimony is recorded for the ensuing trials, but they're interesting as they contain a great deal of details.
MURDER AT SILVERWELL IN THIS COUNTY
It has happily been some years since the frightful crime of murder has been perpetrated in Cornwall, but we are sorry that we have again to add to the catalogue of heinous guilt, a murder committed in this county on Saturday last.
The locality where the deed was perpetrated is called Silverwell, near the Chiverton Arms, on the road between Truro and St. Agnes, and about five miles from the former place. The murdered man, WILLIAM KENDALL, occupied a small farm, and lived in the house with his wife alone. This was his second wife, to whom he had been married about four years. Her former name was TEAGUE, and she had a son by her first husband, called ELIJAH TEAGUE, and now about seventeen years of age. This son lived with his mother and Mr. Kendall until January last, when he went to lodge at a neighbouring house with HENRY GROSE; but he still occasionally worked on the farm for his father-in-law, who was about seventy-two years of age.
His father-in-law had on Saturday last ridden to Chacewater; and the young man was on that day working on the farm, employed in threshing and boiling turnips. His father-in-law was never more seen alive; but was discovered on Sunday morning dead in his own house, sitting on a chair in the parlour. There was a large wound over the centre of his forehead, of an irregular oval figure, two inches and a half in length and two inches in width. The mortal blows appeared to have been given with dreadful force; the bones were broken in, and the surgeon who was called, inserted his finger on the right side to the depth of nearly an inch. Sixty-one pieces of bone were extracted, and the fissures were driven an inch and a quarter below the surface of the skull.
A hammer was found on the garden hedge, and this hammer fitted into the wound in the man's forehead. A white hair was found attached to the end of the hammer, and the surgeon, on a microscopical examination, believes it to be a human hair, and that in all probability it was torn from the deceased's eye-brow.
An inquest has been held on the body, before Mr. JOHN CARLYON, county coroner. The inquiry commenced on Monday at eleven o'clock, was continued on Tuesday, and did not terminate until late on Tuesday night. The result was, that a verdict of "wilful murder" was returned against the deceased's son-in-law, Elijah Teague, who was apprehended under the Coroner's warrant, and has been committed to the county gaol at Bodmin, to take his trial at the next assizes.
The evidence on which the jury grounded their verdict was of a singular character, and wholly circumstantial. The son-in-law was examined at the inquest, as well as other witnesses. He states that he found deceased, who had returned from Chacewater, about eighty yards from his own house, lying on the ground insensible, with a large wound in his head caused by a kick from his horse; that he then lifted him up, and carried him into his own house, his heels dragging on the ground. There do not appear, however, to be any marks of the body having been thus dragged over the ground.
Deceased's wife was absent at this time, having gone to Henry Grose's (Elijah Teague's lodgings). On her returning and asking for her husband, Teague said he was in the parlour, but he would not allow her to go in, saying the horse had "thrown" to him, and it would hurry her. She did not go in, but went back to Grose's house, who called one or two neighbours, and with them and his wife proceeded to deceased's dwelling. When they got there they found deceased's wife walking up and down before the house, she having left Grose's house in the interim, and gone there.
The neighbours found the door locked, and could not find the key where it was usually placed when no one was at home. As they could not get in, deceased's wife proposed that the door should be lifted from its hinges, but this was not done, and strange to say, no entry was made into the place until the next morning, when the old man was found dead in the parlour, as before described.
The surgeon, Mr. Moyle, does not conceive the wound in deceased's forehead could have been caused by the kick of a horse, as stated by Elijah Teague, but that the injury was inflicted by two or more blows from some heavy instrument.
Another circumstance was the fact of Elijah Teague having been about three hours absent from the house to call a surgeon (according to his own statement), and an explanation of which he was called on to give in his evidence. He also pointed out five spots of blood at the place where he says he found deceased's body before he took it into the house; but the surgeon gives his opinion that the spots are not blood that had flowed from a recent wound. The minute particulars of the case may, however, be fully ascertained on reading the annexed evidence.
As may be imagined, the occurrence has excited a very painful sensation in the neighbourhood. On Sunday crowds of people were at the place from all parts of the district, and on the days on which the inquest was held, a great number of persons congregated about the house. The deceased was buried on Tuesday afternoon, in Chacewater church-yard, and a multitude of people followed the funeral.
The following is the material part of the evidence given in the case, the first witness examined being the deceased's son-in-law:
[everything onward from this place is repeating the above, and is also covered in the trial -am including it because details might prove interesting to some - jm]
-ELIJAH TEAGUE deposed as follows: I am about 17 years of age, and have been keeping a school lately at Mount Oram in this parish. The deceased was my father-in-law. He was a small farmer, about 72 years of age, and married to my mother about four years ago. I resided with him and my mother up to about January last. I then went to live with Henry Grose and his family. I went there because my mother could not attend to two men, her husband and me; it was too much work for her. I had no quarrel with either of them at the time I parted from them.
I have frequently gone to assist them in their work ever since, and I helped the deceased in putting in all his corn. I saw him in the croft last Friday or Thursday morning. He then told me he had several jobs to do and asked me to help him on last Saturday.. I went there accordingly on that day and thrashed for him and boiled some turnips. Deceased had gone to Chacewater. No one lived in the house with him besides his wife. After I had finished boiling the turnips, about eight o'clock, I started to go home and my mother went with me. After we had gone a little way, my mother told me to go back and drive some sheep out of the seedling grass. I went back to do so, and she went on to Henry Grose's by herself.
I found four sheep in the seeds and drove them out. After I had driven out three of them, I heard some horses up at the gateway, screaming and making a noise the same as I had heard at other times, and I also heard a gate fall - one was an entire horse and the other was a mare. After I had driven out the other sheep, I went up to replace the gate for fear the horses might break it. I then saw three horses there near the gateway. The third was the one deceased had rode to Chacewater.
I did not know till I saw it there, that deceased had returned from Chacewater. The saddle was on him and the bridle in his head,. I looked on one side and saw deceased lying on the ground. I was frightened at seeing him there, but I went forth to him and took hold of him by the collar of his coat and called to him, but could get no mouth-speech from him. There was no one else present. I saw he had a large wound in his forehead. The three horses were a short distance from him. One of them (the dark bay mare) we generally kept fettered, and I saw that she had one end of a fetter fastened to her fore leg, the other end was loose. I did not stop to fasten the other fetter, but got hold of deceased and carried him into his house as well as I could. I lifted him up with his back towards me, and put my arms under his and dragged him into the house. His head was resting on my breast near my shoulder. I could not lift him entirely off the ground, and his heels were dragging on the road. The distance was about eighty yards.
When I got him in I placed him on a chair in the parlour, and was going out to see for some one to assist me, when I met my mother in the doorway. She was then returning from Henry Grose's. I told her she must go for a doctor or I must, and she stay there as deceased was very poorly. She asked what was the matter. I told her the mare threw to him. I supposed this to be the case from seeing the loose fetter. I would not allow her to see him because I was afraid it would hurry her. She called in to him, and I heard him say something but I don't know what.
In about five or ten minutes she went away and left me there by myself. I thought she was gone to send in some one to assist me. After she was gone, I boiled some water, which I poured into a tub, and then put deceased's feet into it. After waiting for a long time, perhaps an hour or more, but I cannot say how long, no one came, and I lighted a piece of candle which I left burning in the parlour, and went out intending to go to Truro to bring out my brother and brother-in-law and a doctor. When I left the house, I locked the door and put the key over the stable door, where it was usually kept.
When I got near Chevelah, in my way to Truro, I fell in with a woman who told me she was going to Truro, and I asked her to tell my brother and brother-in-law that deceased was very ill and that they must come out. I don't know who she was. I told her the horse had thrown to deceased.
I did not say anything to her about a doctor because I thought I could get one from Chacewater sooner, and I went there for one and called on Mr. Moyle, and desired him to come out. I told him I believed the mare had thrown to deceased. He said he was waiting upon a patient, but that he would come out as soon as he could. He told me to put some wet cloths upon deceased's head.
I then returned to deceased's house and found everything there as I had left it, except that the candle was burnt out. I took down the key from over the stable door, and went into the house and put a wet cloth over the deceased's head as Mr. Moyle had ordered. I thought I could perceive a little breath in him, but I cannot swear that I did. I remained about a minute or two, and then went down to Henry Grose's and got him to return with me. We both went into the room where deceased was. He was still in the same position. I don't know whether he was dead or alive.
We remained in the house three or four hours. I did nothing more to deceased than put a wet cloth over his head, and his foot in warm water twice. In the morning about six or seven o'clock, my mother and MARY GROSE came to us, and I went again to Chacewater to fetch Mr. Moyle, and Henry Grose went to Truro with the pony to tell my brother and brother-in-law to come out. We left my mother and Mary Grose in the house.
By the Jury - The deceased left the house to go to Chacewater between five and six o'clock on Saturday evening. There are two roads he might have taken. He generally came back by the But-lane. The trowsers produced are mine. I wore them all last week.
The two shirts, neck-tie, coat, and pair of shoes also produced are mine. I don't know which of the shirts I wore last Saturday, but I wore one of them and the other clothes. The waistcoat I wore is at my mother's where the jury saw it. (We understand that there were a few spots of blood on the trousers; but none on any other part of the clothes.) From the time I parted with my mother, to drive out the sheep, until I discovered the deceased on the ground, might have been a quarter or half-an-hour. I can't say exactly how long it was.
-ELIJAH TEAGUE, re-examined on Tuesday: I put the deceased's feet in warm water the second time after I returned from Mr. Moyle's. When I returned from Mr. Moyle's his feet were in the tub, but the water was nearly cold. I took some of the water with a little wooden dish, and washed his face with it, and then threw the water out of the dish into the court. The dish would hold a large tea-cup full of water. I then put my hand under deceased's legs to lift them up, and take away the tub, but I did not lift them high enough, and, in taking away the tub, I spilt some of the water about the room. I immediately after that added some warm water to what was left in the tub, and put deceased's feet into it again. I think he was alive at this time, but I am not certain. I could not perceive any life in him.
I had put the wet cloth over his head the first thing after I had washed his face, and before I had attempted to remove the tub - at least, I believe so, I am not certain. I removed the wet cloth before I went to Henry Grose's. The other span was fastened to the hind leg of the horse on Sunday morning about six or seven o'clock. JOHN COCKING held the horse by the head whilst I did it, and R. Moyle was also present. I had the cramp in my legs four or five times in my way to Truro to fetch my relations and a doctor; and, on those occasions I was obliged to rest against a hedge.
I fell in with a young woman going to Truro, in the valley between Capt. HAMLEY's new house and Chevelah. After I had spoken with her, and she had promised to tell my brother and brother-in-law what had happened, I turned to go to Chacewater. After I had gone a short way, a carriage drawn by two horses, overtook me, and I got up behind it. It went on the St. Agnes road.
I got off near JOHN HORE's and walked from thence to Chacewater by the great road. Sometimes the deceased fettered the horse and sometimes I did. I have fettered it before now without any one holding its head, but not when the other horses were near. When I returned from Mr. Moyle's I lighted the candle with a Lucifer match. I think the fire had gone out, but I lighted it again. I don't know whether this was before or after I washed deceased's face.
At the time my mother returned the first time from HENRY GROSE's, I saw no other person with her, nor did I hear any other person outside. My sister's child, ELIZABETH JANE KEAN DUNSTAN, slept at Henry Grose's on Saturday night. When I and my mother went out to go to Grose's on Saturday night, I don't recollect that my mother said she was going there to bring her back. I never left the deceased down after I took hold of him to get him in. When I got to the door I had him on my right arm, and opened the door with my left hand. The door was locked.
I am not certain whether the key was in the door or on the corner of the hedge. I am sure it was not over the stable door. I locked the door when I went out to go to Grose's but whether I left the key in the door or put it in the corner of the hedge, I do not recollect. It was sometimes put in the corner of the hedge, and sometimes over the stable door. The deceased did not bleed much after I took him up from the ground.
-JOHN MOYLE deposed as follows - I am a surgeon practicing at Chacewater, and have done so from fifteen to sixteen years. On Saturday last, about twelve o'clock at night, Elijah Teague came to my house and wished me to see Mr. Kendall, his father-in-law, who he said had received a kick from the old mare whilst he was in the act of fettering her. He then asked me if his mother had not been at my house. I told him I had not seen her myself, having been from home the whole of the day, neither had I heard of her having been there. He said, then I suppose she must have gone to Truro.
I told him I had a previous engagement, but that I would go and see Mr. Kendall as soon as I could. He said, I hope you will, as he appears to be stunned by the blow, and has a small cut in his forehead. He then pointed out with his finger on my head where the cut was. I supposed from this it was over his right temple. Supposing it to be a slight case, I requested him to go back and apply a cold and wet cloth to the wound. He replied that he was afraid to go home, that he had locked the old man in, and I think he added that he had the key in his pocket, but I cannot be positive as to that. He asked me if Kendall died whether the old mare would be knocked in the head. I told him I did not know.
He then told me that he kept a school at Mount Oram, and asked me if there had not been a voting for parish officers or guardians. I told him I believe there had been. He asked who had been elected. I told him I scarcely knew. He asked if my father was elected. I told him not for Kenwyn but for Kea parish. (He was a candidate for the office of guardian in both these parishes.) He then told me he had had a half a score of papers, meaning voting papers, brought to him and that he had filled up half a dozen for certain persons. He did not mention names, but my impression was that he meant me to believe that he put initials opposite the names of the candidates who resided in this neighbourhood. As the conversation was irrelevant, I did not ask him for an explanation.
I heard nothing more about the deceased until a little before six on Sunday morning, when Elijah Teague again came to my house and told me Kendall or old Kendall, I forget which he said, was dead, and that he wished me to go over. He asked if I intended to ride or walk; if the latter, he said he expected that his brother's trap would be at Mr. Kendall's and that he would drive me down, meaning back. I rode over on horseback by the way of But Lane, and when I reached near the north-west end of the outer lane on deceased's premises I saw Elijah Teague and John Cocking standing there together. The latter drew my attention to sundry spots of blood on the roadway where the body was said to have been found.
I did not then examine those spots minutely but rode on to the house, on entering which I saw Mrs. Kendall in the kitchen sitting at the east end of the table, and Mary Grose sitting in the large chimney or near it. I asked if Mr. Kendall was up stairs. I believe they both said no, he is in the parlour. I turned round and opened the parlour door and saw placed on a chair in the southwest corner of the room what appeared to be the body of a man covered with two coats, an old cloak, and an old water-proof over coat. On removing the latter coat I recognized the deceased to be William Kendall, who had been known to me for at least fifteen years.
I looked at the wound in deceased's forehead, and was satisfied it was not caused by a kick from a horse, but that it had been inflicted by two or more blows from some heavy instrument. I stated this at the time to John Cocking and Elijah Teague.
The room was rather in a disordered state. Near the feet of the deceased stood a tub containing water, not bloody. The floor under deceased's legs was very wet, and on the north side the wet spot had a shading of blood. There was a small spot of coagulated blood on the floor, near the back of the room. The deceased's shoes were near this spot; I examined them, and found on the outside of the left one a small spot of blood, which had fallen from above downwards. The right one was stained with blood on the inside near the heel, which appeared to have been mixed with sand. The only offensive weapons I could discover in the room, and which I examined in the presence of Cocking, were two pokers, a fire shovel, and a flat iron, but neither of them had been offensively used.
I then went with Cocking and Elijah Teague to examine the spot where the latter told me he had found the deceased. I saw five small spots of very dark coagulated blood, perhaps together amounting from one to two table spoonfuls. They were isolated spots, having an average intervening space free from blood of from eight to ten inches. I expressed my surprise at seeing so little blood from so large a wound in the forehead. To this observation I received no reply.
Elijah Teague told me that he pulled the old man, meaning the deceased, from that place to his house, but there were no appearances of a heavy body having trailed along the road.
I requested Cocking to cover the spots of blood in the lane - first, with a gate and over it with a faggot of furze. This he did. To the best of my belief, there was no loose furze or browse in the lane immediately near the spots of blood. I was shown a hat, I believe by Elijah Teague, said to be the deceased's, and to have been lying in the road all night. It did not appear to be injured. After examining the place all round, to see if I could discover anything to throw a light on the case, I returned to the house and requested that deceased should not be removed from the chair on which he was till he had been seen by the coroner and jury.
On Monday last, yesterday, I stripped the deceased in the presence of the jury. There were no marks of violence on any part of the body except the head. I had the hind shoes removed from the old mare, and one hind shoe from the colt. The latter, at the request of Elijah Teague's brother, WILLIAM. I applied these shoes to the wound on deceased's forehead, at the request of the jury, in a variety of ways, but neither of them corresponded in shape or size with the wound.
I waited a considerable time whilst the premises were being searched for the purpose of endeavouring to find an instrument likely to have caused such a wound, and went out myself and again examined the place where deceased was said to have been found. In my way back to the house I took the hammer now produced from off the garden hedge. Attached to the small end of it I found a strong white hair, which I now produce. I then applied the hammer to the wound in the presence of the coroner and jury, and found that the small end of it accurately fitted the right side of the wound, and very nearly corresponded with the left side of it, which I believe was caused by a second blow.
The wound was situated near the centre of the forehead, and was of an irregular oval figure, measuring two and a half inches in length, and two inches in length. The integuments were very much lacerated or jagged and torn, and so much depressed with the bone, that I readily inserted my finger on the right side, to the depth of nearly an inch. After removing the scalp I traced the size and shape of the opening in the frontal bone. I then removed sixty-one pieces of bone. The blows must have been given with great force, evidenced by the fact of there being no fissures radiating from the opening into the bone, and from the great depth to which they had been driven, viz., one inch and a quarter below the surface of the skull. The dura mater was not torn. The longitudinal sinus was not opened. This is a large blood vessel running from above the root of the nose over the head between the membranes of the brain. Perhaps this will account for so little blood having been seen.
I am of opinion that the injury could not have been inflicted by a kick from the horse, and that either of the blows would have caused deceased's death; that the first blow must have rendered the deceased insensible and unconscious, and that the injury to the deceased's skull might have been caused by the hammer now produced. I do not think that he could have breathed for more than two hours after the blow had been inflicted, and perhaps for a much less time.
I have made a microscopal examination of the hair found on the hammer, and am of opinion that it is a human hair form the eyebrows of an aged person. I have this day removed several hairs from the deceased's eyebrow, and have examined one with the aid of a microscope. The resemblance of it to the one I took from the hammer was so striking that I believe it to be a human hair, and that, in all probability, it was forcibly torn from deceased's eyebrow.
By the Jury - From the appearance of the spots of blood on the ground near where deceased was said to have been found, and from their having so slightly stained the ground, I do not think it could have flowed from a recent wound. I saw no blood about the hammer when I took it into the house.
-MARY GROSE, the wife of Henry Grose, deposed as follows: Elijah Teague has been living with me and my husband since the 8th of January last. I recollect his coming home last Saturday evening between twelve and one o'clock. He had not been home before the day after two or three o'clock. I believe he had the same clothes on in the evening when he came in as he had when I saw him about two or three o'clock. He shifted his clothes the Sunday morning, and left them in his bedroom. I saw them there. I observed nothing particular about them.
On Saturday evening, Mrs. Kendall came to our house about seven o'clock, and stopped between half-an-hour and an hour. She then went home, but returned again a little before nine. I am sure it was not past nine. She was then very much frightened, and told us she believed that the mare had thrown the deceased, and she did not know whether he was not dead. She asked us to go up. I said we would call a neighbour and go there. We called William Sandoe and his wife, and we went up together.
We had left Mrs. Kendall at our house, but when we got to Kendall's we found her outside the house. Finding we could not open the door, Mrs. Kendall went to see if the key was over the stable door. She could not find it there. I then searched in the same place for it, but could not find it. I never searched for it any where else, nor did she that I know of. After a time we all went back to my house. After stopping a short time, my husband and William Sandoe went to catch a pony for the former to ride to Truro. After they had gone, Mrs. Sandoe and myself went out to meet the two men. I had a saddle with me. Mrs. Kendall joined us after we got to the lane.
Not seeing them we went up to the house. We saw no one there, and did not stop long nor go inside. In our way back the men heard us talking, and called to us. They had got the pony with them, but my husband did not ride it. He put it in the stable. William Sandoe and his wife went to their house in Butt-lane, and Mrs. Kendall came into our house with us. Soon afterwards, Elijah Teague came in. He said he was expecting the doctor every minute, and asked my husband to go back with him, which he did.
After daybreak, Mrs. Kendall and myself went together to the house. This was about five o'clock. We met my husband near our house. He said deceased was no more, and that he was going to Truro. We went on and saw Elijah at the house. Mrs. Kendall went up stairs and I staid down below. I did not go into the room where the body was. There was no light when I went to the deceased's house the first time. The second time we thought before we reached the house there was one, but we could not see it when we got there.
-HENRY GROSE deposed as follows: Elijah Teague has resided with me from about the middle of last January. He left our house last Saturday morning, and I did not see him again till about midnight. He then came to my house and asked if I had heard that the horse had thrown to Mr. Kendall and almost killed him. I told him we had heard it from his mother.
He told us he had been to the doctor, who had promised to come. He and I went to William Sandoe's and told him that Elijah had been for the doctor and was returned. He, William Sandoe, and his wife were both gone to bed. Elijah and me then went to Kendall's house together. The door was locked. He went straight to the door and unlocked it. I don't know where he took the key from. As soon as we got to the house he unlocked the door, he did not go beyond the door before he unlocked it, that I am positive of.
The stable is at the western end of the house. I am quite sure he did not pass the house door before he unlocked it.
When we got inside I saw the deceased in the parlour sitting in a chair, his head lying back. He appeared quite stiff, and his arms were hanging down by his sides. I merely looked inside the parlour door. I did not go into the room. There was no light there at first. Elijah got one soon after we got in. In about three-quarters of an hour I went into the room. Elijah went with me. He had been lighting a fire, and neither of us had gone into the room before. Deceased was dead and stiff, and had a wound in his forehead. There was some blood about his face, but not a great quantity. His feet were in a tub of water. He was in the south-west corner of the room. I held the candle whilst Elijah wiped off some blood from deceased's face with a bit of wet cloth. The blood that was there was nearly dried up.
Elijah Teague described to me the way in which he took the deceased to the house, and then showed me the spot where he found him. He did not appear to be much cast down about what had happened. It was after one o'clock when Elijah and me went to the house.
-EDWARD MICHELL, of Tregavethan, deposed as follows: Elijah Teague came to my house last Sunday evening, between half-past-six and seven o'clock. Referring to what had happened to deceased, I asked him how he had not sent for me or some one, and why he stayed so long by himself. He said he did not know what to do. I asked him where he was when it happened. He said he was down the lower side of the field driving the sheep out over the hedge; and he heard a racket with the horses, and went up to see what was the matter, and when he got to the spot he saw three horses there, and deceased lying near them.
I asked him how he got the corpse into the house from there. He described to me how he did it, in the same way as he did to the jury this morning. He told me he carried him into the kitchen, and put him in a chair near the fire-place; that he found he was slipping and therefore took him into the parlour and placed him in an elbow chair. I saw him again last evening, soon after the jury had separated. This was just outside the deceased's house. I was assisting him in putting his brother's horse into the gig. I said to him, "Elijah, how can you stand this?" meaning that I thought the inquiry was against him, and that I thought him guilty. He replied "What is the use to take fear before fear comes."
I told him I would not be summoned on the jury, on any account, for my mind told me he was guilty. He made no reply to that. I asked him afterwards what he could have done with the blood. He said he dipped it up in a tub in the room where the corpse then was. I also asked him how he came to leave the hammer where it was. He replied that it was not concealed. I told him I heard there was hair found about it. He said that might be goat's hair.
- MARY KENDALL deposed as follows - Deceased was my husband. He left home to go to Chacewater last Saturday evening, about six or seven o'clock. Elijah Teague boiled some turnips for the pigs after he went away. About eight o'clock he left to go to Henry Grose's were he lived. I had gone out just before him, intending to go there also. After I had .... the croft I looked behind and saw him coming. Before he came quite up to me, I saw there were some sheep in the seeds, and I told him to drive them out. He went back for that purpose.
I went on to Mary Grose's, Henry Grose's wife. He had reached the croft, I believe, when I spoke to him. I had passed the place where deceased was found before I spoke to my son. I am sure he must have passed it as well. The deceased was not lying there then. I went to Grose's and remained there perhaps a half or three-quarters of an hour. I then returned home. On my return, my son Elijah was in the kitchen. I asked if deceased was come. He replied yes. I asked where he was. He said he was down in the parlour. I was going to open the door. He said I must not see him; he was hurted. The mare had thrown to him. He prevented me from opening the door. I called in to him, and I thought he spoke to me, but I could not distinguish what he said.
I then went away and said I was going to Truro. I went as far at Butt-lane Gate through the Croft. There I began to think I could not go so far, and I again went to Mary Grose's. I told them what had happened, and asked them to go up. Mary Grose did not like to go by herself. She asked me to stay where I was, and she and her husband went over to WILLIAM SANDOE's to ask them to go with them.
As soon as they went away I found I could not stop there, and returned home. I got to the house before any one had arrived. I walked up and down till the others, Henry Grose and his wife, and Sandoe and his wife arrived. We then found we could not open the door. I proposed we get a pick and have the door lifted off the hinges, but this was not approved of. I then went to look for the key, which was usually kept over the stable door. I could not find it there, but I put my hand on something; I don't know whether it was the key or not. I then proposed to take out a pane of glass, but nothing was done; and when we found that we could not get into the house, we all returned to Henry Grose's.
After that, I asked Henry Grose to go to Truro, to bring out my son-in-law and my son. He did not appear very willing to do so, and I told him and Sandoe to go and get one of our horses to ride there. They both left to catch the horse, and told Mary Grose to bring the saddle out to the gate, and they would put on the saddle there. In the course of a short time I went out with Mary Grose, and she took the saddle with her. We stopped in Butt-lane a few minutes, and Henry Grose and Sandoe brought the horse there. After Henry Grose had put on the saddle, he said we had better leave it a little while, as no doubt Elijah would come soon. The horse was then put in Henry Grose's stable, and I and Mary Grose went in. Sandoe and his wife had gone to their house in Butt-lane. Henry Grose put the horse in the stable, and after that came in to us.
In a short time Elijah came to us, and said he had been to the doctor's, who had been with or was going to a woman, but that he would come as soon as he could. I don't know what time this was, about eleven I should think. I told Elijah and Henry Grose to go back directly, and they went away together. I and Mary Grose followed them soon afterwards, perhaps an hour or an hour and half, or longer.
In our way home, we met Henry Grose, who told us that he was going to Truro, and that deceased was dead. We went on home, and found Elijah there, but I can't say where. I went up stairs without seeing the deceased, and I believe Mary Grose came up after me. We went down stairs several times before Mr. Moyle arrived, but neither of us went into the parlour where the body was. My husband generally returned from Chacewater by way of Butt-lane.
I observed nothing out of place in the house. I have seen the hammer produced. It was the deceased's hammer. We have had the horse we have been in the habit of fettering about two years. We have always kept it fettered to prevent it from going over hedges and kicking the other horses. I never heard deceased say he was afraid the horse would kick him.
The Jury, after hearing the Coroner's summing up, and having had their attention drawn by him to the points of evidence principally bearing on the subject of inquiry, eventually agreed unanimously to a verdict of "Wilful Murder against Elijah Teague," who, as before stated, has been apprehended and conveyed to the county gaol, to await his trial at the next assizes.
There does not appear in the above evidence anything to show a motive for the committal of the act, but it is stated in the neighbourhood that there were frequent disagreements between the deceased and his son-in-law.
ADVERTISEMENTS
EMIGRATION
TO AMERICA FROM PENZANCE
The well known good first-class coppered Barque "MARQUIS OF CHANDOS" of Penzance,
CHARLES COLENSO, Master,
700 tons burthen, will, wind and weather permitting, leave Penzance direct for New York the 30th day of April positive.
This vessel affords good accommodation or a few cabin passengers, has excellent height between decks, and superior accommodations for steerage passengers, and offers a most desirable opportunity for families and others emigrating to the United States.
The master having been many years trading to America, has always received the highest testimonials for his kind attention and care to the passengers during the voyage.
For terms of passage and other particulars apply to MR. W. D. MATHEWS, penzance, Dated April 2, 1851
FOR PORT LYTTLETON, CANTERBURY SETTLEMENT
With liberty to land passengers and goods at the undermentioned ports in New Zealand, the first-class passenger ships, "LADY NUGENT," 688 tons register, for Canterbury, Nelson, and New Plymouth, to sail on the 28th of May; "DUKE of PORTLAND," 533 tons register, for Canterbury, Wellington, and Auckland, to sail on the 28th of May, lying in the East India Docks, chartered and provisioned by the Canterbury Association.
Rates of Passage: Chief Cabin, a whole Cabin between Decks GBP42; second Cabin, GBP25; Steerage, GBP 16; Children under fourteen, one-half.
Each Ship carries an experienced Surgeon.
For Freight, Passage, or further information, apply to J. STAYNER, 110 Fenchurch-street; FILBY and Co., 157 Fenchurch-street; or to FREDERICK YOUNG, Manager of Shipping for the Canterbury Association, 74 Cornhill.
Dated April 23, 1851
NEW FAMILY NEWSPAPER
On Saturday, 19th of April, 1851, was published No. 1, Price Threepence, of THE PIONEER, and Weekly Record of Movements; a Stamped Liberal Newspaper of Physical, Moral, Social, and Political Progress. Its columns will be devoted to the Illustration and Advocacy of ALL PROGRESSIVE MOVEMENTS, including the Temperance, Dietetic, Medical, and Spelling Reformations.
THE FLORA DAY
This Annual Festival will be celebrated as usual on the 8th of May.
There will be a BALL at the ANGEL INN
STEWARDS:
Sir R. R. VYVYAN, Bart., M.P.
C. W. POPHAM, Esq.
GLYNN GRYLLS, Esq.
FREDERICK HILL, Esq.
Dancing to commence at Nine o'clock precisely.
Helston, April 22nd, 1851
LOCAL INTELLIGENCE
ELECTIONS OF PARISH OFFICERS
-On Easter Monday, Mr. BLIGHT, of Tregantle, and Mr. HILL, of Torpoint, were elected churchwardens, and Mr. JOHN WHEELER, of Torpoint, chapel-warden of that place. After the meeting, the parishioners assembled at the Ring of Bells, Antony, and partook of a very excellent dinner, the Rev. J. F. KITSON, vicar of the parish, presiding. The utmost cordiality and good feeling were manifested throughout.
-At the vestry of the parishioners of Landrake, on Monday, Messrs. BLAKE and O'DOGHERTY were nominated churchwardens by the vestry; the incumbent declining to name any churchwardens.
-The election for Madron and Penzance, for the year ensuing, took place in the parish church on Easter Monday, Mr. SAMUEL YORK was nominated by the vicar, church, and chapel warden of Penzance, and Mr. SAMUEL HIGGS, sidesman. For the parish Mr. SAMUEL PHILLIPS was proposed by Mr. HICHENS and seconded by Mr. JOHN PENGELLY, to serve the office of churchwarden, and was unanimously re-elected. The meeting afterwards adjourned to the parish vestry-room, to inspect the churchwarden's accounts, when all the items were severally allowed.
MR. DAWSON'S EASTER ENTERTAINMENTS - There was a good attendance on Monday lst, at Mr. Dawson's first entertainment in the Easter week at the Assembly-room, Truro. A great deal of amusement was created by witnessing the performances of "The Wedding Day" and the "King's Gardener"; and the rest of the evening was very agreeably passed with songs and dancing, and Shaksperian tableaux.
FALMOUTH BURIAL GROUND - The walls and chapels of the new burial ground at Hangman hill, near the Swanpool, are about to be immediately erected, at an estimated cost of GBP 700. About one acre and a half of the ground will be left unconsecrated, and separated by a dwarf wall with iron railings, where dissenters from the Church of England may bury with their accustomed rites.
PENZANCE MESMERIC INSTITUTION - On Monday evening, Mr. BOWMAN gave an interesting lecture on mesmerism, in the Public Hall, Prine's Street, which was well filled, there being several of the medical profession amongst the audience. Mr. S. PIDWELL occupied the chair. After the lecture, statements were made of curative effects produced on patients by MR. LATHROPE, of Penzance, and experiments were also made before the audience.
PENZANCE INSTITUTE - A scientific and instructive lecture on "Electricity" was delivered in the Public Hall, Prince's Street, on Tuesday evening last, by Mr. S. PIDWELL.
NATURAL PHENOMENON IN CORNWALL - In the parish of Saint Austell there is a singular phenomenon, which seems to have mightily puzzled the wits of the good neighbourhood, and in earlier times would certainly have given rise to some legend of Robin Goodfellow, or of hidden treasures. In the present day folk having grown wiser, or less imaginative, are contented to wonder at what they cannot comprehend. The phenomenon in question is the appearance of a light near the turnpike road at Hill Head, about three-quarters of a mile west of the town.
In the summer it is not often visible, dry weather being most probably incompatible with the causes of the meteor; but in the winter, and more particularly in the months of November and December scarcely a dark night passes in which it may not be seen. Its appearance is that of a small flame, of a yellowish hue, and for the most part stationary; even when moving, it wanders very little from its usual spot, but alternately rises and descends over the same place.
As it has existed from time immemorial, it has at length become so familiar to the people of the vicinity as to excite no attention, but at one period many attempts were made to discover its cause and nature, though without success. On approaching the spot where, according to previous observation, it should be, the flame invariably became invisible to the inquirer, even while remaining perfectly luminous to those who watched it at a distance. A level was then taken during its appearance by which the curious were guided in their researches, and still the phenomenon was pronounced to be as great a mystery as ever. There can be little doubt, however, notwithstanding its stationary character, that it was neither more nor less that a will-o'-the-wisp, and produced by the same causes, even though the soil was not actually marshy.
- The Book of the Months.
PORT OF FALMOUTH - There is again a large fleet of merchant vessels in the Harbour. On Friday last, twenty-five vessels arrived, seventeen of which were foreigners. On Easter Sunday the flags of thirteen foreign nations were flying in the Harbour. On Good Friday some of the foreign vessels crossed their yards, lowered away their main gaff, and hoisted their colours half mast high as token of mourning.
FINE COW - The fine cow lately shown at Bodmin fair, by MR. STEPHENS of Hengar, was killed last week by MESSRS. BATE and BASTARD of Camelford. The weight was 8 cwt. 2 qrs. 23 lbs., and it was considered by all who saw it as the best beef ever shown in that market.
DEATH OF MR. JOHN STEPHENS OF ADELAIDE - The Adelaide papers bring intelligence of the death of MR. JOHN STEPHENS, proprietor of the South Australian Register. Mr. Stephens, we believe, was in the 47th year of his age; the nature of his disease is not mentioned. He was second son of the Rev. JOHN STEPHENS, Wesleyan minister, and younger brother of the REV. JOSEPH RAYNER STEPHENS, of Ashton. In Adelaide, he was much respected for his intelligence, probity, and incessant activity, in following out his own convictions of what tended to the public good. He was mainly instrumental in bringing to light the horrible treatment to which female emigrants to Adelaide were in some instances subjected by the captains and surgeons of ships. Mr. Stephens formerly carried on the printing business at St. Agnes, and subsequently at Truro.
HELSTON PHILANTHROPIC SOCIETY - On Monday last the members of this society held their first annual meeting at the Seven Stars Hotel, and after the transaction of the general business, the appointment of new officers, &c., they retired to the large dining-room, where about forty sat down to a most excellent dinner, consisting of delicacies of the season, the surgeon of the Institution, MR. ROSKRUGE, presiding. The guests were so much pleased with the entertainment provided by MR. HOOKER, whose efficiency is so well known, and contributed on this occasion so much to their comfort, that they unanimously resolved to make him a present in addition to his regular charges. After having enjoyed the many good things, and drank many loyal and appropriate toasts, between which were sung some concerted pieces by several of the old glee singers in their accustomed style of excellence, the company separated at an early hour, after mutually congratulating each other on having spent a most agreeable and harmonious day.
PENZANCE GUILDHALL - At the sittings of the borough Magistrates on Monday last, JOHN CARTER, of the parish of Madron, roper, was charged with having on the 12th instant, assaulted THOMAS WILDGOOSE, a lad of the same parish. It appeared from the evidence adduced, that the complainant had entered the defendant's ropery, on the day in question, and thrown a large piece of the rind of a Norway pine on a rope then in course of making, thereby causing the breaking of the rope and putting the defendant to much additional labour and expense. The defendant was very much provoked at the occurrence, and seized and beat the complainant. Fined 5s. and the expenses.
-SALLY PHILLIPS, of Penzance, a single woman, was convicted of a charge of allowing prostitutes to assemble in her house, and was committed to the borough goal[sic] for one month, with hard labour.
-RICHARD WHITE and WILLIAM BENNETTS, builders, of Penzance, summoned their apprentice RICHARD TALLACK, on a charge of running away and leaving his work, but ultimately consented to withdraw the summons on his promise of good behavior for the future.
-JAMES VINE, beerseller, was fined 15s. 6d. for keeping his house open at improper hours. There were one or two other trifling cases.
CORONER'S INQUESTS
The following inquests have been held before Mr. HAMLEY, county coroner:
On the 16th instant, on JOHN RETALLACK, an infant, at Luxulyan, about four months old. He had been a weakly child, was as well as usual on the preceding night, but on the mother waking in the morning, she found him dead in her arms. Verdict, "died from natural causes."
-On the 15th instant, on SAMPSON PARSONS, a farmer, at Jacobstow. He had been at the Methodist Chapel on that day, and went to bed in perfect health. In about five minutes after he had been in bed his wife heard him making an extraordinary noise. She called her son from an adjoining room, but he was dead before he came. Verdict, Visitation of God.
- On the 19th instant, on the body of RICHARD PENDRAY, at Bodmin. He had been out for a walk, and on coming home and sitting in a chair, his family saw there was something the matter with him, and got him into bed, but he died almost immediately. Verdict, visitation of God.
COURT OF QUEEN'S BENCH - REGINA v. GARLAND
Sittings in Banco, Before Lord Campbell, and Justices Pattison, Wightman, and Erle
In the case of Regina v. Garland, Mr. CROWDER, Q.C., moved for a rule for a new trial, upon the ground that evidence had been improperly received. The indictment was for a public nuisance, and charged the defendant with burning crude arsenic, and that certain noisome and unwholesome smells did thence arise, so that the air was thereby corrupted and infected. The indictment was tried before Mr. Baron MARTIN, at the last assizes for the county of Cornwall, when the verdict was given for the Crown.
Lord Campbell said he was of opinion that the evidence had been property admitted, to show the quality of the air which was alleged to have been corrupted by noisome and unwholesome smells.
The other Judges expressing similar opinions, the rule was refused.
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