cornwall england newspaper
1851 NEWS
AUGUST
1 AUGUST 1851, Friday
NOTICE - All Persons who have any Claims or Demands on the Estate of
WILLIAM NICHOLLS, deceased, of Middle Taphouse, in the parish of
Broadoak, in the county of Cornwall, are requested forthwith to send
the same to W. DONY, Auctioneer, Liskeard, in order to their discharge;
and all those who are Indebted to the Estate of the said WILLIAM
NICHOLLS, deceased, are desired to pay the same forthwith to the said
W. Dony, on behalf of Mr. ROBERT NICHOLLS, the Executor, under the Will
of the said William Nicholls. Dated July 29, 1851.
INCREASED SPEED!! NINE MILES AN HOUR!!! - From Plymouth to
Southampton in twelve hours. Gosport and Portsmouth in thirteen hours.
The Coronet Four-Horse Coach leaves the New London Inn, Exeter, daily,
(Sundays excepted) at 9.45 a.m., on the arrival of the 6.50 train from
Plymouth via Honiton, Axminster, Lyme Regis, Charmouth, and Bridport,
arriving at Dorchester at 4 p.m. in time for the 4.50 train, reaching
Southampton at 6.50, Gosport 8.0, Portsmouth 8.15, London 9.20. The
Coronet arrives at Weymouth at 5 p.m. The Cornet leaves the Royal
Hotel, Weymouth, daily, at 9 a.m.; King's Arms, Dorchester, at 10, and
reaches Exeter at 5 in time for the 6 p.m. train, arriving at Plymouth
at 8.45. The Royal Four-Horse Mail leaves the New London Inn, daily,
at 1.45 p.m., on the arrival of the 10.20 a.m. train from Plymouth via
Honiton, Axminster, Lyme Regis, Charmouth, and Bridport, arriving at
Dorchester in time for the Mail Train to Southampton, Gosport,
Portsmouth, and London. Also for Coaches to Weymouth. The Royal Mail
leaves the King's Arms, Dorchester, daily, morning at 4, reaching
Exeter at 11 a.m. in time for the Express Train to Plymouth, and
Coaches to Bideford and Barnstaple. Fares from Plymouth to Southampton
27s. The Emerald leaves the Royal Hotel, Plymouth, Tuesdays,
Thursdays, and Saturdays, at 8.30 a.m. via Tavistock, Okehampton,
Torrington, Bideford, and arrives at Barnstaple at 7.30 p.m. The
Emerald leaves Barnstaple at 8 a.m. and arrives at Plymouth at 8.30
p.m. PENFOUND & SON, PRIDHAM & LAKE, Proprietors. Exeter, July 30,
1851.
PILCHARD CATCHING ON THE CORNISH COAST (From Rambles beyond Railways.)
- The first sight from the cliffs of a shoal of pilchards advancing
towards the land is not a little interesting. They produce on the sea
the appearance of the shadow of a dark cloud. This shadow comes on,
and on, until you can see the fish leaping and playing on the surface
by hundreds at a time, all huddled close together, and all approaching
so near the shores that they can be always caught in some fifty or
sixty feet of water. Indeed, on certain occasions, when the shoals are
of considerable magnitude, the fish behind have been known to force the
fish before, literally up to the beach, so that they could be taken in
buckets, or even in the hand with the greatest ease. It is said that
they are thus impelled to approach the land by precisely the same
necessity which impels the fishermen to catch them as they appear, the
necessity of getting food. With the discovery of the first shoal the
active duties of the "look-out" on the cliffs begin. Each fishing
village places one or more of these men on the watch all round the
coast. They are called "huers," a word said to be derived from the old
French verb huer, to call out, to give an alarm. On the vigilance and
skill of the huer much depends. He is, therefore, not only paid his
guinea a week while he is on the watch, but receives, besides, a
perquisite in the shape of a percentage on the produce of all the fish
taken under his auspices. He is placed at the post, where he can
command an uninterrupted view of the sea, some days before the
pilchards are expected to appear; and, at the same time, boats, nets,
and men are all ready for action at a moment's notice.
The principal boat used is at least fifteen tons in burthen, and
carries a large net, called the "seine," which measures a hundred and
ninety fathoms in length, and costs a hundred and seventy pounds,
sometimes more. It is simply one long strip, from eleven to thirteen
fathoms in breadth, composed of very small meshes, and furnished, all
along its length, with lead at one side and corks at the other. The
men who cast this net are called the "shooters," and receive eleven
shillings and sixpence a week, and a perquisite of one basket of fish
each out of every haul. As soon as the huer discerns the first
appearance of a shoal he waves his bush. The signal is conveyed to the
beach immediately by men and boys watching near him. The seine boat
(accompanied by another small boat to assist in casting the net) is
rowed out where he can see it. Then there is a pause, a hush of great
expectation on all sides. Meanwhile the devoted pilchards press on, a
compact mass of thousands on thousands of fish swimming to meet their
doom. All eyes are fixed on the huer. He stands watchful and still,
until the shoal is thoroughly embayed, in water which he knows to be
within the depth of seine net. Then, as the fish begin to pause in
their progress, and gradually crowd closer and closer together, he
gives the signal. The boats come up, and the seine net is cast, or, in
the technical phrase, "shot" overboard. The grand object is now to
inclose the entire shoal. The leads sink one end of the net
perpendicularly to the ground; the corks buoy up the other to the
surface of the water. When it has been taken all round the fish, the
two extremities are made fast, and the shoal is then imprisoned within
an oblong barrier of network surrounding it on all sides. The great
art is to let as few of the pilchards escape as possible, while this
process is being completed. Whenever the huer observes from above that
they are startled, and are separating at any particular point, to that
point he waves his bush, thither the boat is steered, and there the
next is "shot" at once. In whatever direction the fish attempt to get
out to sea again, they are thus immediately met and thwarted with
extraordinary readiness and skill. This labour completed, the silence
of intense expectation that has hitherto prevailed among the spectators
on the cliff, is broken. There is a great shout of joy on all sides;
the shoal is secured! The seine is now regarded as a great reservoir
of fish. It may remain in the water a week or more. To secure it
against being moved from its position in case a gale should come on, it
is warped by two or three ropes to points of land in the cliff, and is,
at the same time, contracted in circuit, by its opposite ends being
brought together and fastened tight over a length of several feet.
While these operations are in course of performance, another boat,
another set of men, and another net, different in form from the seine,
are approaching the scene of action. This new net is called the
"tuck"; it is smaller than the seine, inside which is now to be let
down for the purpose of bringing the fish closely collected to the
surface. The men who manage this net are termed "regular seiners."
They receive ten shillings a week, and the same perquisite as the
shooters. Their boat is first of all rowed inside the seine-net, and
laid close to the seine-boat, which remains stationary outside, and to
the bows of which one rope, at the end of the tuck-net, is fastened.
The tuck-boat then slowly makes the inner circuit of the seine, the
smaller net being dropped overboard as she goes, and attached at
intervals to the larger. To prevent the fish from getting between the
two nets during this operation, they are frightened into the middle of
the enclosure by beating the water, at proper places, with oars, and
heavy stone fastened to ropes. When the tuck-net has at length
travelled round the whole circle of the seine and is securely fastened
to the seine-boat at the end, as it was at the beginning, everything is
ready for the great event of the day, the hauling of the fish to the
surface.
Now the scene on shore and sea rises to a prodigious pitch of
excitement. The merchants, to whom the boats and nets belong, and by
whom the men are employed, join the huer on the cliff; all their
friends follow them; boys shout, dogs bark madly, every little boat in
the place puts off, crammed with idle spectators; old men and women
hobble down to the beach to wait for the news. The noise, the bustle,
the agitation increases every moment. Soon the shrill cheering of the
boys is joined by the deep voices of the seiners. There they stand,
six or eight stalwart, sunburnt fellows, ranged in a row in the
seine-boat, hauling with all their might at the tuck-net, and roaring
the regular nautical "Yo-heave-ho!" in chorus. Higher and higher rises
the net, louder and louder shout the boys and the idlers. The merchant
forgets his dignity, and joins them; the huer, so calm and collected
hitherto, loses his self-possession, and waves his cap triumphantly.
Even you and I, reader, uninitiated spectators though we are, catch the
infection, and cheer away with the rest, as if our bread depended on
the events of the next few minutes, "Hooray, hooray! Ya-hoy, hoy, hoy!
Pull away, boys! Up she comes! Here they are! Here they are!" The
water boils and eddies, the tuck-net rises to the surface, and one
teeming, convulsed mass of shining, glancing, silver scales, one
compact crowd of thousands of fish, each one of which is madly
endeavouring to escape, appears in an instant.
The noise before was as nothing compared with the noise now. Boats, as
large as barges, are pulled up in hot haste, all round the net; baskets
are produced by dozens; the fish are dipped up in them, and shot out,
like coals out of a sack, into the boats. Ere long the men are up to
their ancles in pilchards; they jump upon the rowing benches and work
on, until the boats are filled with fish as full as they can hold, and
the gunwales are within two or three inches of the water. Even yet,
the shoal is not exhausted; the tuck-net must be let down again, and
left ready for a fresh haul, while the boats are slowly propelled to
the shore, where we must join them without delay. As soon as the fish
are brought to land, one set of men, bearing capacious wooden shovels,
jump in among them, and another set bring hand-barrows close to the
side of the boat, into which the pilchards are thrown with great
rapidity. This operation proceeds without ceasing for a moment. As
soon as one barrow is ready to be carried to the salting-house, another
is waiting to be filled. When this labour is performed by night, which
is often the case, the scene becomes doubly picturesque. The men with
the shovels, standing up to their knees in pilchards, working
energetically; the crowd stretching down from the salting-house across
the beach, and hemming in the boat all round; the uninterrupted
succession of men hurrying backwards and forwards with their barrows
through a narrow way, kept clear for them in the throng. The glare of
lanterns giving light to the workmen, and throwing red flashes on the
fish as they fly incessantly from the shovels over the side of the
boat, all combine together to produce such a series of striking
contrasts, such a moving picture of bustle and animation, as no
attentive spectator can ever forget.
MOUNT'S BAY FISHERY - On Tuesday evening last, four seines were shot
in the bay, enclosing about three hundred and fifty hogsheads of
pilchards. The fish taken are understood to belong to Messrs. BOLITHO
in part, and partly to Messrs. R. V. and H. DAVY.
EAST PENWITH PETTY SESSIONS - A petty sessions for this division was
held at Camborne, on Tuesday last. MARY REECE, of Copperhouse,
obtained an order of two shillings per week, against JOHN JONES, of the
same place, towards the maintenance of two illegitimate children, of
which he was the putative father. The defendant was also ordered to
pay all expenses, and the Justices remarked that the conduct of the
defendant in the matter was most disgraceful. Mr. PASCOE, appeared for
the complainant.
ANDREW v. ADAMS - This was a charge of assault. The complainant
stated, that on Friday last, she happened to be at the house of her
landlord in Redruth, when the defendant came in and putting his arm
round her waist, remarked she was a "pretty little woman." After
hearing the advocate for the defendant the magistrates dismissed the
case.
CHARGE OF ASSAULT - On Monday the 21st ult., a notorious character
named HENRY PRISKE, well known in the borough of Liskeard for his
drunken habits, and hair-breath escapes from the hands of justice, was
summoned before the bench, at the Guildhall, for an assault, and for
threatening to take the life of Miss MARY ANN BUTLER on the 12th
instant. It appears that Priske is a recipient of out-door relief-from
the Liskeard Union, and that owing to his drunken and spend-thrift
habits, the Board of Guardians has recently ordered his relief to be
given him wholly in kind, for the sake of his suffering children.
Priske, finding his drinking supplies cut off, and suspecting (though
it appears wrongly) Miss Butler to be the informant, has singled her
out as the object of his rage; and living in the same court with her,
dastardly selected a late hour of the night, when Miss Butler, who is a
dress-maker, was shutting her shop, as the time for his attack. On
being called upon by the Bench, the fellow was not to be found, and it
was discovered on inquiry, that he had left the same morning by van for
St. Hilary, his native parish. The case is therefore unsettled.
COMMITTALS - On Thursday the 24th ult., Elizabeth Rundle was
committed to Bodmin goal for one month by Mr. COODE, jun., for running
away from the St. Austell Union, and stealing the Union dress and other
articles. On Saturday last, WILLIAM McGILL and his wife FANNY McGILL,
and SARAH ANN, daughter of the above, were brought before Mr. T. HEXT,
and Mr. E. COODE, jun., charged by policeman SAMBEL with beating a man
named SHAW, and otherwise disturbing the neighbourhood. They were
bound over to keep the peace, and for want of bail were committed for
three weeks. J. CHADWICK was committed for seven days for refusing to
be sworn in evidence against them.
On Tuesday last, a labourer named STEPHEN JOHNS was taken before Mr.
HORNDON, at Callington, and committed to Bodmin charged with stealing
corn from Mr. SAMUEL WENMOUTH, of Cadson Bury, in the parish of St. Ive.
FIRE - At Towednack, on Friday last, the house of a miner named JOHN
BERRIMAN, was burnt to the ground and all the furniture consumed. The
father was absent from home at the time, and the house was left in
charge of his daughter, about eight years of age. How the fire
originated is not know.
ACCIDENTS - On Thursday night, the 24th ult., as Mr. BILKEY, farmer,
of Paul, was returning from Penzance, and crossing on horseback the
narrow part of the road near the entrance to Paul Hill, the animal came
in contact with and knocked down an old woman eighty-one years of age,
who was severely injured, and is not likely to recover.
On Friday last, at Ding Dong mine, a hole which had been bored, and to
which the proper materials have been applied, "hung fire," and a young
man named JAMES BOLITHO having incautiously approached it for the
purpose of removing the charge, the hole exploded and injured the poor
fellow dreadfully.
On Saturday last, a woman named TERREL, aged about seventy, when
walking down the street at Falmouth, struck her foot against an iron
pin fixed by the persons laying the pavement. She fell on her breast
on a curb stone, and on being raised it was found she had broken her
left arm, cut her leg, and it is feared sustained internal injury.
PUBLICATION OF BANNS - A few weeks since, not ten miles from
Liskeard, a man having his banns published in the church when his name
was mentioned, stood up and held up his hand, and bawl'd out, "here I
am."
STATISTICS OF CORNWALL - (No 32). To the Editor of the West Briton.
Sir, - I come next to the parish of Morva. Chywoon Cromlech stands on
or near the boundary, between this parish and St. Just. The flat top
stone is about twelve feet by nine, and stands on four upright stones,
which are about four feet high. Chywoon Castle is a little eastward of
the Cromlech, and is formed by two concentric circular stone walls, now
ruinous, with an entrance about eight feet wide, facing westward,
defended by flanks retiring inwards from the inner wall. The diameter
of the inner wall is about two hundred feet, and of the outer wall
about two hundred and ninety feet. The whole is about an acre and
three quarters, and the interior area is about three quarters of an
acre. This is one among the very few ancient forts surrounded by stone
walls. This fort was much more perfect when BORLASE described it. He
says, that the ditch between the two walls was thirty feet wide, the
outer ditch about twenty feet wide, the inner wall eight feet thick,
and the outer wall five feet thick; the entrance through the outer wall
not opposite to that through the inner wall, but at a little distance,
so as to be defended from the inner wall. The interior area had in it
a line of stone work, about three feet high, concentric to the wall at
about thirty feet within it, and divided into compartments by other
lines of such stone work extending from the said concentric line of
stone work to the inner wall. There is a well in one of the divisions
in the south-west part, with steps to go down to the water. By the
ruins he judged the inner wall to have been fifteen feet high, and the
outer wall ten feet high, "both well perfected."
Gulval - about half a mile north-west of Boskednan, is a circle of
stones, called the "Nine Maids." It appears to be one of the ancient
circles, formed by nineteen stones, fixed upright, of which twelve now
remain, some upright and some fallen down. Borlase has a drawing of
this, showing all the nineteen stones, six of which were lying down.
On the southern side of the circle and contiguous to it is a barrow,
formed of earth and stones, diameter thirty feet. North-westward from
the circle about twenty fathoms, is an upright stone fixed, which has
been broken; further about sixty-five fathoms is a barrow of stones,
diameter thirty-two feet; and still further, about twenty fathoms, is a
larger barrow, formed also of stones, diameter sixty feet, in which
appears a circular ring of large stone fixed upright; near the outer
edge and surrounding the centre of the barrow. A little eastward of
the circle is a barrow of earth and stones, diameter sixty-five feet.
These are about half a mile eastward of the stone called
"Mennaskriffis," mentioned in Madron.
Ludgvan - Castle Andinas, on the top of a well known hill is a circular
entrenchment, occupying altogether about four acres; the interior area
within the inner bank being about three quarters of an acre. The
remains of the interior bank are of stone, outside of which is a dry
stone wall about twelve feet thick, well put together, showing a
perpendicular exterior face; and surrounding this is a bank of earth,
diameter of which is about four hundred feet. These works complete the
lines of defence where they face the steep part of the hill; but facing
the more accessible part, the fort is further protected by two ditches,
with a bank between them. Borlase, in describing this place, says,
that within the walls are many little enclosures of circular form,
about seven yards diameter, with little walls round them of two or
three feet high, which appear to have been so many huts for shelter of
the garrison. A quarter of a mile south-west of the village of Ludgvan
Lease, is an entrenchment, called the "Giant's Grave." The ditch and
bank are nearly straight, about a quarter of a mile in length. This
may have been part of an intended encampment, which probably was never
completed. A little south-west of Rosengrouse, on the north-west side
of the road to Penzance, are the ruins of an ancient chapel. The site
is a small parallelogram. The granite font was lately, and probably
still remains among the ruins.
Zennor, Towednack, and St. Ives, have not been examined by me.
Lelant - On Trecrobben Hill, are the remains of a fort, of irregular
form, corresponding with the shape of the summit of the hill, occupying
about two and a quarter acres. From the rampart to the slope of the
hill, all around is steep, and constitutes the strength of the
position. There are three entrances to the area, one on the north, one
on the east, and another on the western side.
St. Erth - At Carnabeggas, about half a mile east of the church, are
the remains of a circular entrenchment, about an acre and a quarter.
St. Hilary and Perranuthnoe, I have not examined. I am, Sir, Your
obedient servant, RICHARD THOMAS. Falmouth, July 25, 1851.
INQUEST - On Saturday last, an inquest was held at Trewidland, in the
parish of Liskeard, on the body of Mr. SAMUEL GRIGG, a farmer of that
place, aged 63 years, who while cutting a few brambles from a hedge,
contiguous to his dwelling house, suddenly ruptured a blood vessel, and
the discharge of blood was so great that he died in a few minutes.
Deceased had been affected with a violent cough for some time, and
under a hope of its growing better, had resisted the entreaties of his
friends to have medical advice on the subject. Verdict, "died by the
visitation of God".
8 AUGUST 1851, Friday
CORNWALL SUMMER ASSIZES - There was a case lately tried in the
adjoining county of Devon, where a man was indicted for stealing goods
the property of TRIUS SMITH, and it turned out that the name was really
DARIUS SMITH. It seems that in that country Trius and Darius are
pronounced exactly alike. The chairman of the Quarter Sessions ruled,
as matter of law, that the names were the same, and he directed a
conviction. The case came before the judges on appeal, and we were
under the painful necessity of ruling that the conviction was unlawful;
because, although those words might be pronounced the same in a
particular district, we felt it impossible to say that Trius and Darius
were the same word, and we ordered the prisoner to be discharged. Such
a humiliating task will not, I hope, be cast again on the judges.
Because, at the trial, when such an objection is made, the indictment
will immediately be amended, and the true name be inserted. This
cannot, in the slightest degree, interfere with the vindication of
innocence. Any real defence will still be fully open to the accused,
while the administration of justice will not be defeated and brought
into disrepute. Having made these remarks on the legislation of the
Session as it affects the administration of the law, the learned Lord
Chief Justice said - I have carefully read the depositions, and I am
not aware that any point will arise before you that can at all puzzle
you. Should there be any doubt in your minds, I shall be happy to
render all the assistance in my power. There is however, one case I
will mention. It is that of WILLIAM HARRIS, who stands indicted for
arson. It may be necessary; but, out of abundant caution, I would
merely mention to you that even if you should believe the story he
himself tells, it would be no justification of his conduct. If you
believe the evidence against him, you are bound to find a bill of
indictment. He says he had no malice against the owner of the
property, but that he had come into this county, and having no friends,
he committed the crime for the purpose of being sent out of the
country. That will be no justification of his offence; and if a case
against him should be made out, you will not hesitate to find a bill
against him. With these observations, gentlemen, I will thank you to
retire to your chamber; I am sure the justice of the country, as
involved in the proceedings now before us, is perfectly safe in your
hands.
TRIALS OF PRISONERS - SENDING THREATENING LETTERS - WILLIAM BARTLE,
33, was indicted for feloniously sending to JOSEPH THOMAS, of the
parish of Mullion, a letter without any signature, threatening to burn
and destroy certain farm buildings, the property of the said Joseph
Thomas. Our readers will recollect that this prisoner was, at the Lent
Assizes, tried and acquitted on a charge of sending a threatening
letter to JAMES RANDLE, in the parish of Cury, and on the morning
following that acquittal, on the prisoner's being arraigned on the
indictment for sending a threatening letter to Mr. Joseph Thomas, (the
present prosecutor) it appeared that the Judge (Chief BARON POLLOCK)
and two of the jurymen had been addressed on the subject of the then
approaching trial, by a sister of the prisoner. The consequence of
this interference with the regular course of justice, was that the
Chief Baron ordered the case to be remanded until the Summer Assizes,
and that both the prisoner Bartle and the approver HODGE, should
meanwhile be kept in custody. The case so postponed was that which now
came up for trial. Mr. MOODY and Mr. COLERIDGE again appeared as
counsel for the prosecution, and Mr. COLLIER for the defence; the
attorneys being respectively, Mr. HILL and Mr. PLOMER.
Mr. Moody stated the case for the prosecution. The subject of
indictment, in the present case was the following letter, which had
been received by Mr. Joseph Thomas, the prosecutor, on the 2nd of
September, 1849:- Sir, - You have not complied with the last letter I
sent you to have nothing to do with The farm Golroger; on the comtrary
you heve acted quite contrary to the wish of the party and you will do
so and think yourself quite secure perhaps you will repent this when
its too late you will find us energetic in what we wright I do not like
to inger any person if I can help it but what I wright you first I
write you again and if you persist in your menovers you will shortly be
out of house and home. I believe through your greedy Eye and knavish
tricks that the present occupier of the gulroger is obliged to leive
Mr. Jo. Thomas the present tenant is a good neighbour and I believe A
Christian man and I believe a ingred man through your menovres. I
understand you have taken Gulroger or about to take that form for your
son if he take that form he shall not live on it there not a hoof nor
horns of Cattle shall live on it nor a grain of Corn shall he take in
his barn and fire shall consume the dwelling which he live in and you
Mr. Thomas will share the same with him everything you have shall be
destroyed by fire and poison there is no land in the parish of Mullion
for neither of your sons go out the parish and they may settle where
the like but in Mullion they shall not there is enough of the sort here
allreddy you have seven days to decide and if you do not give up that
form Gulroger you nor your family will not be safe to show out of your
house after due I am resolved with mine to bring you to if fire whant
hot lead shall.
Mr. Moody stated that he had the direct evidence of an accomplice of
the prisoner's that he wrote that letter, but aware of the suspicion
which might attach to the evidence of an accomplice, he was prepared
with independent evidence such as he believed would fully establish the
charge against the prisoner. The learned Counsel then detailed the
circumstance of the case as they will more fully appear in evidence.
The following is a copy of the letter referred to in the beginning of
the preceding letter:- Sir, - I hear that you are about to take
gullodger form for one of your sons in a clandistant manner and would
put The present occupier of that form Mr. Thomas out by the hedge when
tha same will came aney reasonable Terms with his Landlord and keep tha
form for the term of years which he took it for provided his Landlord
will prove manlike and come to his Agreement and stand to his word
which he promised before J. Thomas sained the deed if Mr. wm. Thomas do
act on Christian like to his neighbour he shall suffer in the flesh so
as not to sleep in his Bed and you Mr. Thomas I for warn you the same
if you act on Christian like to your neighbour ye shall suffer and not
sleep on your Bed your Property shall consume With fire you a preacher
of the gospel and be a knave consider your ways and be wise I give you
one seven days to consider and if you do not give up all Thoughts of
Taking Gullrodger I shall pay you a vesit.
Mr. Moody stated that he should adduce proof of the prisoner's
hostility to "young Joe Thomas," and asserted that the motive for this
hostility was jealousy concerning a young lady - Miss RANDLE, of
Colvenor - to whom Mr. Joseph Thomas, jun., prosecutor's son, had been
paying his addresses. Mr. Moody stated that the prisoner also had
courted Miss Randle; but there was no evidence to this effect. After
stating other circumstances, and referring to other letters, Mr. Moody
proceeded to call witnesses:- AGNES AMELIA THOMAS examined by Mr.
Coleridge; stated that she was the daughter of Joseph Thomas, the
prosecutor, who lives at Trevitho. About seven in the morning of the
2nd of September, 1849, she found under the garden gate a piece of
white paper, containing two letters; one directed to her father, and
the other to her uncle William Thomas. (The witness identified both
letters). Without reading them, she gave them immediately to her
father. The paper was folded, but unsealed. Each letter was in a
separate envelope, sealed; she believed with wax, but was not certain.
Her father opened his letter immediately; and the other was given to
her uncle, and opened by him that day. The letter to Miss Thomas's
father, the prosecutor, we have given above. The following is a copy
of the letter addressed to her uncle, Mr. William Thomas:- Sir, - You
are better to take wit in your anger you have let the form Guiroger or
about to let the form to your Brother for his son he is not to have the
form you have et liberty to farm the C Estate your self or let the form
to any strainger you think proper and then you may live in peace
otherways the sooner you leave the parish the better for you will have
all your property destroyed you have had proof all reddy that its no
joke you have ad one house burnt with fire and you will have all you
gote destroyed unless you comply with this your wife must keep close
for if she is seen out after dusk she must take the consequence I can
see all your movements and wish you to understand [rpe?] and do as is
here laid down that your gray years may come down to the grave in
peace."
Joseph Thomas, the prosecutor, stated that he was a farmer, living at
Trevitho, in Mullion, and had a son, also called Joseph, who, since
Michaelmas, 1849, had occupied a farm in the same parish called
Colroger. Early in September, 1849, he received from his daughter
Agnes, two letters, one for himself and one for his brother. Had
previously, on the 20th July, received another anonymous letter.
(Witness identified the three letters above quoted.) On the Friday
after the 2nd of September, he sent a team of horses to work at
Colroger. On that Friday evening, had a mow of wheat burnt on Trevitho
farm. John Thomas his son-in-law, also had a mow of wheat set fire to
the same night, about a quarter of a mile off. Witness also rents
premises called Vounder, in Mullion, of Lord Falmouth; there were two
houses there and some out-houses; one of those houses was set fire to
in 1850, a few days before the trial of Mr. HENDY; that was at night;
part of the roof and an outhouse was burnt. In May, 1850, he also
received another letter, by post, in an envelope. (Witness identified
the letter.) In August last, there was an attempt to fire a field of
standing corn, in two places, on his farm, witness had in company with
others, offered a reward for the discovery of the offenders. Found
some pieces of paper partly burnt, at the two places where the wheat
had been attempted to be burnt. Another fire took place at Priske, Mr.
John Thomas's witness's son-in-law, shortly before the prisoner was
arrested. Government also offered a reward. Before the receipt of any
threatening letters or any fires, had know prisoner from his childhood;
prisoner was a shoemaker carrying on business at Cury, about a mile and
a half from witness's house, and had been employed by witness and his
family. Recollects prisoner calling at his house, and their having a
dispute; that was, he believed, before the receipt of any of those
letters. Prisoner came to me, said the witness, to make some
explanation about his have been found in the garden at Colvenor farm,
in Cury, where Mr. Randle lives. My son has been courting Mr. Randle's
daughter for years. Bartle admitted that he was in the garden at the
time my son was in the house courting Miss Randle and said that the
young men of Cury make it a practice to go outside windows of houses
where young people are courting. I asked him what he had said to
THOMAS LAWRENCE about Miss Randle. He denied that he had said anything
to Thomas Lawrence, and said that I was jealous. - The Judge - What!
Did he say that you were courting the lady! (laughter). No, my lord,
(replied the witness), it was about my son. I do not know whether
Bartle had been courting Miss Randle; he told me he had not - that she
was above his station. I told him that I disapproved of his conduct
and did not wish to see him again in my house. I had never any greater
quarrel with him than that. I have not seen him in my house since, and
he has not done any work since that time for me or my family. -
Cross-Examined - I have heard that the prisoner was a frolicsome man,
- By the Judge - I have no doubt that the conversation with Bartle, of
which I have spoken took place before I had received any of the
threatening letters, but I cannot swear positively.
William Thomas, brother of the last witness - I am the owner of
Colroger farm, which had been to let, and was taken by Joseph Thomas,
my nephew, son of the prosecutor. I received from my brother a letter,
on the same day it was found in my brother's garden. Joseph Thomas,
son of the prosecutor - I occupy Colroger farm, which is the property
of my uncle William. On the 20th of August last year, I met Bartle on
the road between Mullion and Cury. I held out my hand to shake hands
with him. He said, "I did not intend to shake hands with you any
more." I said, "You did not?" He said, "I am a sinner bad enough;
but, if all is true, you are ten times worse." I said, "Perhaps you
judge rather hastily." He said, "I shall not enter on the subject
to-day as I intend to come over to your house during the week." I
said, "if you have any business to transact with me, I shall be
prepared to see you." He then said, "My character is injured: you all
hate me like the devil; I believe if you could send me where old HENDY
is, you would be glad to have him back again." Hendy was transported
at the Spring Assizes, 1850, for sending letters threatening to burn my
father's and my brother's property." Bartle then said, "Your
brothers-in-law, JOHN THOMAS PRISKE, and THOMAS SHEPHERD, hate me
also." I have been courting Miss Randle at Colvenor, for some time.
One evening, about two years and a half ago, in the fall of the year, I
was at Colvenor, with Miss Randle, in a room which looks into the
garden. Between ten and eleven o'clock, I looked out to see if the
rain continued, and fancied I saw a shadow across the garden. I sprang
out through the window into the garden, and saw the prisoner crouching
down under the shrub. I tapped him on the shoulder; he did not move or
speak. I then took off his hat, and said "I know you well." It was
the prisoner. He did not speak, but seemed like one petrified. Miss
Randle was looking out at the window. I said to her, "Here is a person
in the garden;" and she came out. She asked him what business he had
there. He replied, "I beg your pardon, Miss Randle, but I came in to
shelter myself from a shower, and to pick a flower." I did not know
that he had been courting Miss Randle. I have heard that my father,
when a young man, went by the name of "Blue breeches;" and I believe
that the expression, "Long face Joe," was intended for me.
Cross-Examined - It was about two and a half years ago that I found
Bartle in Miss Randle's garden.
Other witnesses called were THOMAS SHEPHERD, farmer; JOHN BASHER,
colt-breaker, and THOMAS THOMAS, farmer, living in Cury. In harvest
time, 1850, I saw prisoner, and had conversation with him. WYATT, the
parish clerk was there and said, "what ought to be done by the man that
set the fire to the corn at Trevitho? The man that did it ought to be
burnt in the flames." Upon that, Bartle said, "You knows nothing about
that." As he said that, he was turned towards Wyatt. I and Bartle
went to another part of the field, and as we were going on, Bartle said
"If I was to see all the Thomas's corn on fire, I would not put a hand
to save it." He said he meant the Thomas's at Mullion. This was
before the fire at Mr. John Thomas's, son-in-law of the prosecutor, at
Priske. After that fire, I went to Bartle's shop; he asked me whether
I was at the fire last night. I said "yes; I did not see you there."
He said "no; and what a fool you were." I asked him what part he had
against Mr. John Thomas of Priske. He replied that was not done
against Mr. John Thomas of Priske, but it was against Mr. Joseph
Thomas's family of Trevitho. He said, "there was Mr. Joseph Thomas's
of Colroger; how easy that could be fired." I said "if the fires are
against Mr. Joseph Thomas's family at Trevitho, Mr. William Hendy's of
Polgreen, is as liable to be burnt as Mr. John Thomas's of Priske."
Mr. Joseph Thomas's son is courting a daughter of Mr. William Hendy.
He said "any man entering Mr. Joseph Thomas's family will be served the
same as Mr. John Thomas of Priske, if it is for ten years to come." -
I begged him to say no more about it, for I expected some person would
be there to arrest him in the course of the day. He appeared to be
very angry against the Thomases, and said if any man came to arrest him
he would beat his brains out. He said he had been at Trevitho not long
ago, and had some words with Mr. Thomas, and Mr. Thomas ordered him out
of the house, saying he did not wish to see him there any more.
Thomas Lawrence, jun. - I live at Clahar. Prisoner came to my house
about three weeks before he was taken up, and asked me if I had heard
the news, and if I had seen a letter stuck up concerning Mr.
Blue-breeches, that he was going to preach on the 3rd of November. Mr.
Joseph Thomas, the prosecutor, is a preacher. He said he was to preach
concerning the Three Hebrew Children. He also said there had been a
reward offered, and that they might offer double the reward, but it
would never be found out. I saw him again in November last, in his own
shop. It came up about the fire at Priske. He said he was accused
about the fire at Priske, and that he had been over to Priske and
cleared himself. I said "have you" - whatever any man can have against
Mr. John Thomas, I can't tell." He said, it was not done to John
Thomas, as a man, but because he had married into Old Joe Thomas's
family. I said "however I have not been burnt in my bed, I don't
know." (I had divulged secrets about him and Miss Randle.) He said "I
saw thee wast sorry, and I freely forgave thee."
Thomas Lawrence, sen. - I am a farmer living at Mullion. Towards the
end of August last, in the evening, prisoner came to me at my house,
and we walked together towards Troon, about half way from my place to
Mullion church-town. He asked me if I had heard the report that he was
condemned about the fire. He said he had been accused of setting Mr.
Thomas's corn and houses on fire. I said I believed he was not accused
by the family of the Thomases. He said he felt very much against some
party, but did not say particularly the Thomases. He said the two Joes
were not friendly with him, and would pass him in the streets; and he
said something about "that nasty old jealousy." We met Mr. J. Thomas
the prosecutor. Mr. Thomas said good night." Prisoner did not speak
in return. I afterwards told him that he ought to have said "good
night" to Mr. Thomas. He said he had nothing against Mr. Thomas, and
that he wished to be on friendly terms with him, and would meet him
half-way to shake hands. I advised him to get married and put an end
to all this jealousy.
Serjeant THORNTON - I am a serjeant in the metropolitan police, and
am employed in the detective force. I was down to Mullion, by order
from the Secretary of State, to make inquiries concerning some fires
and threatening letters. I was at Mullion about three days on the last
occasion. I had been there previously without any success. After I
had been there about three days the second time, I apprehended Bartle
and Hodge. I searched Bartle's house, in his presence, and found in
the shop in a box, a quantity of gunpowder, and some safety-fuse. The
prisoner had at that time, been removed from the shop. I afterwards
found some writing paper and envelopes in his presence. I searched the
bedroom in his presence; I saw a box that he said he kept his clothes
in. In the skibbet of that box, I found a letter which was sealed; I
have no doubt he saw me take that letter; he made no remark. I
searched his person, and found in his waistcoat pocket a pencil-case
and a piece of sealing-wax. Prisoner was handed over to the custody of
Chappel the constable, and afterwards in Helston. I received
communication from Chappel, and on the following morning, I went to Mr.
Hill's and opened the letter which I had found in the Skibbit.
(Witness identified the letter, sealing-wax and pencil-case with seal
at the end). At that time, I compared the seal of the pencil-case with
the seal-impression on the envelope; I have no doubt that the
impression was made with that pencil-case, and the wax seems to be of
the same quality as that of the piece which I found on the prisoner. I
also compared the letter I found, with the three other letters, and I
believe them all to be in the same handwriting. (Witness then compared
all four letters, and said he believed them all to be in the same
handwriting). I also took Hodge into custody. Hodge at first denied
that it was his handwriting. I took Hodge to his mother's, and there
saw some writing of his, and from that, I came to a conclusion that
these letters were all written by Hodge; and Hodge afterwards admitted
that they were in his writing, and he was sent here to take his trial.
Among the letters I found at Hodge's, I found the one now produced
which is precisely the same king of paper as that of the letter which I
found in the Skibbet at Bartle's.
JOHN HODGE:- (This witness had been committed with Bartle to take his
trial at the last Assizes, but was afterwards admitted Queen's evidence
against Bartle). I come here from the gaol. I have been intimate with
Bartle for some years. I am a farm-labourer, and worked for Mr. Hendy.
I did live with my mother, near to Bartle, and was often in the habit
of seeing him. (Two letters handed to witness). I was the writer of
these two letters. The one directed to Mr. Joseph Thomas, Bartle asked
me to write. I think I wrote both letters in his shop. They were
written on a slate and then Bartle read from the slate, and I copied
from his reading. When I had written out the letter, he put it in an
envelope, and I directed it. I think I wrote the letter to Mr. William
Thomas at the same time. Three other letters being here handed to
witness he said he was the writer of all three. I wrote them, he said,
in Bartle's shop; I copied them from a slate in the same way from his
reading. I wrote them all at his request. I think Bartle told me
afterwards that he put the two letters under Trevitho garden gate. I
don't know what made me write the first letter I ever wrote for him; he
asked me to write for him. And I did not know what they were about
until after I had written them. - Cross-Examined. I thought there
was harm in them; I did not tell the Thomases because I was afraid;
Bartle had got me under his thumb when I had written and I was afraid
to tell. When I had begun to write a letter for him, I was afraid to
stop, because he had me in his power when I had written part. I did
not acknowledge at first that I had written the letters, because I was
not asked. I had no reason to fear him when we were both taken up; I
don't know why I did not tell that I had written the letters. The
letters were written on a Sunday. I had heard of the reward being
offered, before I made my confession; I knew that the reward was for
any person except the person who actually set fire to the property. I
have said that many a person in my situation would take the money and
go to Australia. Re-Examined. I made no offer to become a witness
till I was applied to last assizes, by Mr. HILL (The attorney for the
prosecution.) I have never claimed any reward. I was told that I was
to get nothing for my evidence.
RICHARD CHAPPLE - I am a constable of Helston, and had Bartle in
custody. He said to me:- "See what people do by sending letters; I
was out last night till half-past eleven o'clock, and when I came to my
door I put my hand to the latch of the door and found a piece of brown
paper tied round with rope yarn; I looked at it and found it was
directed to "Mr. James Randle, Colvenor; whoever finds this is
particularly requested to take it to Mr. James Randle, Colvenor." I
untied the parcel and there was a letter inside, direction to Mr. James
Randle, Colvenor, Cury." Prisoner said he should have sent it up to
Mr. Randle, if he had not been apprehended, and he asked me if the
Serjeant had found that letter; for he had put it in the skibbet of his
box. I told him the Serjeant had found that letter. Prisoner was
apprehended in November last. The last fire that took place was at Mr.
Thomas's at Priske, about harvest time last year.
MICHAEL MAUNDER, silversmith of Bodmin. I have compared the wax
impression on the envelope found in the skibbet with the paper stamp on
the pencil case; I believe the impression was made with that seal, I
have counted the diamonds; they are the same on the pencil and in the
impression. There is a dent on one of the diamonds, and there is a
corresponding impression on the wax. I have made other impressions
with the pencil case, and find they are the same as that on the
envelope. There is one of the diamonds partly cut off. From the whole
of my examination, I am certain that impression on the envelope was
made with that pencil case. Cross-Examined - Such pencil cases are
made with a die, and considerable numbers might be made with the same
die.
JOHN NETTING - I am a miner. The parcel produced is safety-fuse used
in blasting rocks in mining. It burns very slowly; I have travelled
four hundred and sixty feet, walking backwards, while two feet are
burning. It is not used by shoemakers. There is only one person in
Helston who sells it for that district.
FREDERICK HILL, Attorney for the prosecution. Neither Hodge nor any
one else has claimed the reward. It was my proposal to him at the last
Assizes, under the advice of counsel, that he should be a witness. The
letters were then put in and read. We have given above, a portion of
them. The following are copies of the remaining two adduced in the
case:-
To Mr. JOSEPH THOMAS, Trevitho, Mullian. Sir, I have taking this
liberty to wright those few lines to you concerning tha present state
of things it do appear that your souilon (son-in-law John Thomas pris
have had a visit paid him in his fruit garden and also your son-in-law
tom shappard he have had respect paid him also very good and how is it
with you have you enjoyed great peace of mind praps you have as your
Mr. Thomas or in other words the poor old joe Thomas or Mr. Blue
Brutches nape you may be glad to where your blue Brutches again I wish
to be plain with you the party have met and have come to this
determination that your Son the long face Joe is not to keep the farm
Golrodger but one year at Michaelmas-day next to give it up and we give
you two months to deside. we have said to you before that Mr. Will
Thomas is at liberty to let his farm to who he please with the
exception of your family if this is not done you and your families will
all share A like and what have been promest to you will be paid and
will remain A gainst you and your famleys for ten years. Consider well
what you are doing for the pease of your famleys. Yours truly Garlic
and Unions.
The following is a copy of the letter found in the skibbet at the
prisoner's box:-
Sir patience and perseverances surmount difficulties and you as a man
will be placed in thos difficulties which you never yet experanced in
life if you dont look well at home you have heard of the fire which
happened at prisk not long since to Mr. Skin flent yet there have no
change taken place in the Thomas family in respect to the golroger farm
the appear to be so head strong as ever let them go on there are
greater preparations making now than ever yet have being for the
distruction of the Old Mr. blue britches and the long face blue
britches and all the familys connected with Mr. Bluebritchas family,
did you heer of Mr. Bluebritches shot in the pulpit, in Cury Chapple,
perhaps you did, A narrow escape for his head Sir, we have understood
that the long-facad joe do sleep at your house when he come A curting
two your Daughter A ffraid to go 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 remains in Golroger form you will have your
house and property burnt and in dame while in your Bed and if ever you
leives your Daughter go to Golroger form you and your sons and family
will share the same fate with Mr. Bluebritches."
Mr. Collier addressed to the jury an able and ingenious defence; after
which the learned Judge carefully summed up; and the jury, with less
than five minutes consultation, found a verdict of Guilty. - Sentence,
Fifteen Years' Transportation. There were two other indictments
against the prisoner - one for sending a threatening letter to William
Thomas, and the other for arson at the premises of John Thomas, at
Mullion; but neither of them was prosecuted.
THOMAS SEYMOUR, 21, was found Guilty of stealing a handkerchief from
the person of SAMUEL BOND, at Five-Lanes, on the 7th of July, was
sentenced to Six Months' Hard Labour.
THOMAS BROWN, 19, was charged with stealing a gallon of beer, the
property of his master, WILLIAM MATHEWS, at Minster. Guilty. One
Month's Hard Labour.
JAMES BLEWETT, 15, was charged with stealing a blue cloth jacket, the
property of JOHN HARRIS, at Egloskerry. Guilty. Three Months' Hard
Labour.
NISI PRIUS COURT - MORSHEAD and OTHERS v. CORRY - Mr. COLLIER
appeared for the plaintiffs, who were the Rev. JOHN PHILIP ANDREW
MORSHEAD and others. The declaration stated that Mrs. Morshead had by
indenture let certain premises to defendant for twelve years from the
25th of March, 1845. The only question in issue was with regard to the
deed, which defendant pleaded he had not made. Mr. ROBERT STEPHENS,
the attesting witness, was called, and proved that the deed was
executed by Mrs. Morshead and the defendant. The action was brought by
plaintiffs as the devisees in trust under a will, and the amount
claimed was for rent, less some allowances for sums paid. Verdict for
plaintiffs for ?42. 16s. 5d. Mr. Collier prayed speedy execution,
which was granted in a week.
RICHARDS v. JACKA - Mr. COLLIER said the plaintiff was Mr. JOHN
RICHARDS, and the defendant Mr. CHARLES JACKA. The declaration set out
the use and occupation by defendant of a certain tenement called
Rashleighs, the property of the plaintiff, and after making certain
deductions, the amount claimed for rent of the same was ?108. Mr. G.
H. BELLRINGER, cashier and clerk in the office of Messrs. MILLETT and
BORLASE, of Penzance, who are agents of plaintiff, was called to prove
the occupation of the tenement by defendant, the terms on which it was
held, and the payments on account which defendant had made. There was
no defence. Verdict for plaintiff for ?108. Mr. Collier applied for
speedy execution, which the Judge ordered in three weeks.
Doe. Dem. HEARLE v. SAMPSON - An action of ejectment, in which
defendant failed to appear. Judgment by default.
SPRY, Knight, v. HOCKING - Mr. MONTAGUE SMITH and Mr. COLERIDGE for
plaintiff; Mr. CROWDER and Mr. SMIRKE for defendant. This was an
action on promises, and Mr. Coleridge opened the pleadings. The
plaintiff was Sir SAMUEL THOMAS SPRY, and the defendant Mr. RICHARD
HOCKING. The declaration stated that on the 21st of June, 1843,
defendant made and delivered a promissory note to plaintiff for ?20,
with interest at five per cent., for money lent. Defendant pleaded,
first, that he did not make the note; secondly and thirdly (two pleas
the same in substance), that the money was given as a bribe; fourthly,
that he had paid the money fifthly, that plaintiff had discharged him
from the debt; and sixthly, that he did not make the promise. On these
pleas issue was joined. Mr. M. SMITH addressed the jury for the
plaintiff. The case was a very simple one; the action was brought by
Sir Samuel Spry to recover on a promissory note ?20, given by defendant
to him. They were perfectly aware that a person who gives a promissory
note makes an admission of a debt due to him to the person to whom he
gives it, and the ordinary way of proving such a debt was to produce
the note. They had heard from Mr. Coleridge that there were two pleas
on the record; one, that the note was for a bribe given to defendant at
a certain election; and secondly, that it was not given at that
election, but at some future time. There seemed to be here some
inconsistency; and he believed it would be found there was no ground
whatever for those pleas, but that the money was lent and security
given for it in the ordinary way. Mr. Samuel Spry was elected member
for Bodmin in 1843, and this transaction took place four months
afterwards, when there was no future election in contemplation; and
unless it could be said that no gentleman must be allowed to lend money
to any of his constituents, there could be no possible ground for the
defendants to come into court. He then called RICHARD HARRIS, a
bailiff of Bodmin, who proved that the signature to the note was in the
handwriting of defendant. The note was then read:- "21st June, 1843, -
I promise to pay Sir Samuel Thomas Spry, Knight, or order, on demand,
the sum of ?20, of lawful money of Great Britain, value received.
Richard Hocking." This was the plaintiff's case. Mr. Crowder
addressed the jury for the defendant. His learned friend said this was
a very simple case, and so it was as he had put it; but it was not
quite so simple after all, for it was a case of bribery, as he should
show them, and therefore the note in question was utterly void. His
friend had condescended to make one remark on the nature of the pleas,
namely, that they were inconsistent, because one of them alleged that
the ?20 for which the note was given, was advanced for defendant having
voted at an election, whilst another alleged that the money was
advanced to influence his vote at another election. He (Mr. Crowder)
did not well see the inconsistency of such a statement, and in fact his
friend had opened precisely what was defendant's case, namely, that the
?20 were given to him for having done his duty in giving his vote for
Sir Samuel Spry in 1843, and that defendant was held liable on that
note if he did not vote for Sir Samuel another day. He did not vote
exactly as Sir Samuel Spry liked in 1847, and therefore the note was
put in force against him. The note bore date, June 1843; it was now
August, 1851, and it seemed rather late now to bring forward such a
simple case of a promissory note for ?20. His friend said it was very
hard if a candidate could not lend a constituent ?20. No doubt it was
very hard, but how was it the candidate did not call on his constituent
to return him the money thus lent in this ordinary way, before so long
a lapse of time, for they would find that the action was not commenced
till May, 1848. He believed he should be able to explain that
circumstance, and to show that this was as clear a case of bribery as
ever existed. The only difficulty would be to find such witnesses as
should distinctly prove and establish the case; for no doubt in all
such cases there was some difficulty. Bribery could not be proved very
readily before a jury, because they could not bring those witnesses who
knew of the transaction to depose to the facts before a jury. He
should be under the necessity of calling before them a gentleman who
was the agent of Sir Samuel Spry on the occasion in question, - a
gentleman, however, who would no doubt tell the truth in reference to
this matter. It appeared that the defendant, Mr. Richard Hocking, was
a grocer in Bodmin, and had been a voter there for a great years.
There had been several elections in Bodmin of late years; in 1832,
1837, 1841, 1843 and 1847. Before 1843, Mr. Hocking was in the habit
of giving his support to the liberal interest; but he then, it seems,
saw the error of his ways, and considered, no doubt, that Sir Spry, was
a candidate wholly fitted to represent the borough of Bodmin. He
certainly had a full right to give him his vote on that occasion. They
did not find that any money was handed over before the election; not at
all, but he went manfully and properly to the poll, and gave his honest
and disinterested support to Sir Spry. This was on the 9th of
February, 1843. Accordingly, after this, the transaction in question
took place; his friend said it was four months after, and undoubtedly
some time elapsed, for such things are not done immediately; they were
too gross, and would be observed by everybody. It seemed however, that
in June, 1843, defendant Hocking went to the office of Mr. COMMINS,
jun., solicitor, who was then agent for Sir Spry. Mr. hocking had some
property mortgaged to a Mr. PEARCE, who was pressing him for payment of
the interest on the mortgage money, and Mr. Commins was the attorney
for Mr. Pearce. Mr. hocking offered, in the first place, to Mr.
Commins, to sell this property, which was the Golden Lion Inn, to Sir
Spry. Mr. Commins, told him that Sir Spry would not purchase the inn,
but he would lend him ?20, for which he must sign a paper produced,
which was in Mr. Commins's handwriting. Mr. Hocking was not called on
to pay the stamp; but it was perfectly well known to Mr. Hocking what
he got that money for, and it was not to be supposed that Mr. Commins
did not know what he was about. The less that was said in such
transactions the better. What was the use of saying, "I give you this
for bribery, because you voted in 1843 for sir Spry, and you will be so
good as to vote for him at the next election, or this note will be put
in force against you." There was no occasion for people to say all
that, and it was not usual in such cases to say so. The paper,
however, was signed, and would, he believed, have remained till that
day, but for the unfortunate election in 1847 when he lost his
election. Verdict for the plaintiff, damages ?27.
PASCOE v. TRELOAR - For the plaintiff, Mr. SERJEANT KINGLAKE and Mr.
BEVAN; for the defendant, Mr. CROWDER and Mr. SMIRKE. The trial lasted
a considerable time, but was only of interest to the parties concerned.
Mr. JOHN PASCOE was the plaintiff, and Mr. THOMAS TRELOAR the
defendant. Plaintiff had been clerk to Messrs. GRYLLS and HILL, of
Helston, from 1834 to 1850; defendant was also a clerk in the same
office. It had been the custom of Messrs. Grylls and Hill to allow one
of their clerks to take out license as an auctioneer, and to act in
sales in which their firm was concerned, the proceeds of the fees at
such auctions going to increase the clerk's income. The senior clerk
of Messrs. Grylls and Hill, named DOBB, had, prior to the end of 1841,
held this office of auctioneer; getting up in years, he then resigned,
and plaintiff (as alleged by him) was appointed by the firm to succeed
him as auctioneer, and defendant to be the assistant at the auctions.
In 1842 and 1843, there were some extensive sales of the Duke of
Leeds's property, and the auctioneer was entitled to a per centage on
the purchase money. The monies, however, were paid to defendant
Treloar from time to time, and it was to recover what plaintiff alleged
to be due to him that the present action was brought. On the other
hand, Messrs. Grylls and Hill, the partners in the firm, gave evidence
for defendant, that the arrangement made by them and of which Pascoe
was distinctly informed, was that the office of auctioneer should be
held jointly between Pascoe and Treloar, this being particularly Mr.
Grylls's wish, who considered that the latter being the senior clerk,
had the prior right to the perquisites of the office. Messrs. Grylls
and Hill also gave evidence that the arrangement was that the two
clerks should share the fees and perquisites arising from the sales,
equally between them. About one-half of the proceeds (with the
exception of some small sums) had been paid over by Treloar to Pascoe,
but the latter claimed the whole and brought this action to recover the
remaining moiety. There was evidence given by MARY ANN PASCOE and
WILLIAM JAMES, that they had heard Treloar say about Christmas, 1847,
that he had about ?100 in hand, and was ready to pay it over to
plaintiff, but Mr. Grylls would not let him. This evidence, however,
the learned Judge thought was open to the interpretation that Treloar
was referring to the proceeds which had accrued subsequently to
Pascoe's giving up the office, and that he was willing to go on again
in conjunction with Pascoe, equally sharing the proceeds. Plaintiff's
claim, if the whole of the auction perquisites were paid over to him,
amounted to about ?90, but the learned Judge directed the jury that if
they believed the partners, Messrs. Grylls and Hill, he thought they
must find a verdict for defendant. It appeared that plaintiff had
applied to the partners on the subject, but had failed to succeed to
his satisfaction; and that he was now secretary to North Basset mine,
and to Mr. LYLE. A verdict was given for defendant. During this
trial, the jury were allowed to leave the court for five minutes. One
of them, named SAUNDERS, did not return with the rest, and after
waiting for him a short time, the trial proceeded with eleven jurors,
and on Saunders making his appearance, he was fined by the Judge forty
shillings.
POPHAM v. COATES and ANOTHER - Mr.
CROWDER, Mr. BEVAN, and Mr. M. SMITH for the plaintiff; Mr. CARTER for
the defendants. The plaintiff was Mr. CHRISTOPHER WALLIS POPHAM, of
Trevarno, in Sithney; and the defendants were Mr. WILLIAM COATES, of
London, and Captain NICHOLAS. The action was brought in respect to
Pengelly mine, of the sett of which defendant Coates had sought to
obtain a license from Mr. Popham. The circumstances connected with the
case were fully reported in this paper, when a trial in relation to
Pengelly mine came before the Court of Stannaries. The present action
against defendant was for a trespass in seizing and taking some tin ore
and tin-stuff, for which plaintiff claimed to recover ?174. 11s. 4d.
The witnesses examined for plaintiff were Captain SAMUEL ADAMS, his
toller, WILLIAM DAVEY, pay clerk on the mine, JOHN OLD, and JOHN
PASCOE. Some deductions being made for the amount claimed, the jury
returned a verdict for plaintiff for ?159. 3s.
CROWN COURT, Tuesday, August 5. (Before Lord Campbell.) - EZEKIEL
HARRIS, 15, pleaded Guilty of stealing a pair of boots, the property of
WILLIAM COLLINS, of Lostwithiel. Sentence Three Months' Hard Labour.
SHEEP STEALING - JOHN RICHARDS was indicted for sheep stealing in the
parish of Breage. This prisoner was convicted at the last Spring
Assizes, and Chief BARON POLLOCK passed on him a sentence of twenty
years' transportation. The law, however, only admits of fifteen years'
transportation for sheep stealing, as the extreme limit of punishment
for that offence. The mistake having been discovered, Messrs. GRYLLS
and HILL, solicitors for the prosecution, to obviate an application for
a writ of error, applied to the Chief Justice, Lord CAMPBELL, at
Exeter, who granted a writ of habeas corpus, under which the prisoner
was brought from the Bath gaol (where he had been taken as a transport
on his way to undergo his sentence) and was brought again to these
assizes, to be tried on the remaining indictments against him. The
prisoner was now placed at the bar, and by the advice of his counsel,
Mr. Collier, pleaded Guilty to a charge of stealing a ewe, the property
of HENRY POLKINGHORNE, at Breage, in November, 1850. He also pleaded
Guilty to another indictment for stealing a ewe, the property of
STEPHEN DAVEY, of Breage, on the 15th of November; also Guilty of
receiving, knowing it to have been stolen. Mr. Collier made an
application on behalf of the prisoner stating that some money was found
on him, and that ?10 had been given up to him at the last assizes, by
order of the Chief Baron, to defray the costs of his defence. He had
another sum of ?14, which was in no way connected with the robbery, and
Mr. Collier applied that this be given up to him, as although he had
pleaded guilty, considerable expense had been incurred on his behalf.
The learned Judge said he could not make the order applied for. Mr.
Collier said it was understood between his friend on the other side and
himself, that the sentence passed at the last assizes should not be
enforced, that therefore no writ of error would be applied for, but the
prisoner would be subject to the sentence that his lordship might pass
at these assizes. In passing sentence, the judge said, John Richards,
you were convicted at the last assizes on the clearest evidence, and
sentenced to transportation. There was an error in point of form as to
the validity of the sentence, but if a writ of error had been brought,
the Court has the power to pass a right sentence. It appears you have
carried on these practices to a considerable extent, and have been
robbing farmers of their sheep one after the other, until at last the
law has overtaken you, and you stand to receive sentence for the
offence of which you have confessed yourself guilty. The sentence of
the court is that you be Transported Beyond The Seas For The Term of
Fifteen Years.
STEPHEN JOHNS, 25, was found guilty of stealing, on the 29th of July,
at the parish of St. Ive, a bag, and between two and three pecks of
wheat, the property of SAMUEL WENMOTH. HENRY BULLEN, constable of
Callington, was called to speak to the prisoner's previous good
character. Sentence, Six Months' Hard Labour.
ARSON - WILLIAM HARRIS, 26, was charged with feloniously attempting
to set fire to a certain straw lying on the ground near to a stack of
barley, the property of Mr. BRENDON. Another count charged him with
setting fire to a stack of barley. Mr. COLLIER for the prosecution
called GEORGE SARGENT BRENDON, who occupies a farm in the parish of
Lawhitton, and has a linhay, a mowhay, and a mow of corn. Has no
dwelling-house on the farm. On Monday, 9th of June, went to the farm
between one and two o'clock in the day. Saw a stack of straw there on
fire; it was close to the hedge, and only a few feet from a mow of
corn, and about a foot from the linhay. Witness extinguished the
flames. HENRY CONGDON, a labourer in the employ of Mr. BRENDON, was on
Monday morning on his farm at Lawhitton. Saw prisoner about a quarter
before twelve at the gate leading to the Lawhitton farm, about
twenty-two yards from where the straw was afterwards seen on fire.
Prisoner was lounging on the gate. Witness went to his work in another
field; after wards saw the reed burning, but on going to the place no
one was to be seen. BENJAMIN SAMBELL, policeman of Launceston, saw the
reed on fire at Lawhitton on the 9th of June. Before that, had taken
the prisoner in custody at Launceston, because of what prisoner told
him. Prisoner said, about half a mile or more from Launceston, he had
set a farm place on fire; he did not know to whom the place belonged;
he said, "I have set fire to one end of the reed that is furthest off
from the barleymow." He said, "when I came on the hill, I saw it
burning very fast." Witness locked him up and went to the fire; the
end furthest from the linhay had been set on fire, as prisoner had
said. When witness came back, he asked prisoner why he set fire to the
place. He said, my father left me a good deal of money, and I have
lent it to my father-in-law; he will not pay me the money or take me
into his house; I set the premises on fire to be transported, as then I
should be sent out of this country." The prisoner offered no defence.
Sentence, Ten Years' Transportation. There was another indictment
against him for setting fire to the linhay, but on this no evidence was
offered.
MARY BENNETT, was found Guilty of stealing a pint and a half of gin,
the property of JOHN HOARE, of the Jubilee Inn, at Launceston.
Recommended by the jury to mercy. One Month's Hard Labour.
THOMAS SYMONS, 20, was indicted for a burglary in the dwelling-house of
JOHN SLADE, at Penryn. Mr. COLE conducted the prosecution. Mr. Slade
is a watchmaker at Penryn. On the 17th of June, between nine and ten
at night, he closed his shop and dwelling-house. Between four and five
in the morning, he was alarmed by a neighbour, and found that a panel
had been removed from the shutters of the shop, and a pane of glass
broken. There had been taken away four watch-cases, a sugar tongs, and
a locket, which were in the shop-window. On the 18th of June, prisoner
offered the stolen watch-cases for sale to a buyer of old metal at
Penryn, called Dyson, who having heard of the robbery gave information
to the prosecutor. A former conviction at the Quarter Sessions in
October last, for stealing a duck, was proved against the prisoner.
Sentence, Ten Years' Transportation.
WILLIAM SANDERS, 25, was charged with stealing a pair of trousers on
the 18th of June, the property of PHILIP BUNNEY, of Penryn. Six
Months' Hard Labour.
JOHN BENNETTO, 16, was charged with stealing at Truro, on the 14th of
July, a crown, four half-crowns, four shillings, and a piece of calico,
the property of THOMAS CLIFT. The money was stolen from under a box in
a stable where prosecutor had placed it. Guilty, Twelve Months' Hard
Labour.
ELIZABETH EVANS, 25, was charged with stealing a pair of shoes,
belonging to WILLIAM MILLS. Mr. BEVAN for the prosecution. The shoes
were stolen from prosecutor's stall in St. Day market, on the 12th of
July. Guilty. Six Months' Hard Labour.
SUSAN GREEN, 27, was indicted for stealing from the person of JAMES
QUINTRAILL, farmer, a bag containing half a sovereign, and nineteen
shillings in silver. Prosecutor stated that on the 30th of June,
prisoner followed him from Mr. SODDY's passage at an inn at Camborne,
to the horse-fair; when there, prosecutor was talking to a man, and
prisoner stood alongside of him four or five minutes. Prosecutor felt
her hand in his pocket, and she ran away. By the Judge - I was not
drunk of fresh, had only two pints of ale that day; prisoner offered me
30s. to make it up. - Policeman PRIDEAUX stated that he apprehended
the prisoner; there were three men with her, who ran away. Verdict,
Guilty. Twelve Months' Hard Labour.
DANIEL DAVEY, 26, was indicted for stealing at Callington, in May last,
a cloth coat, the property of Mr. JASPER, coachmaker, Callington.
Prisoner, when apprehended at St. Neot by constable BULLEN, was wearing
the coat. Guilty. Six Months' Hard Labour.
WILLIAM BARBARY, 18, was charged with stealing a duck, the property of
MARTIN SKEWES, an innkeeper at Chacewater. At second count charged the
prisoner with receiving the same, knowing it to have been stolen.
Verdict, Guilty of stealing. A person called TIDDY said the prisoner
was of rather weak mind, and had had too much indulgence. Sentence,
Three Months' Hard Labour. Another indictment was not proceeded with,
which charged the prisoner with stealing two ducks, the property of
WILLIAM WORRALL, of Kenwyn.
CHARLES SYMONS, 14, was indicted for an offence against the order of
nature. CHARLES HAWKE, of St. Day, Gwennap, was called to give
evidence in the case. Verdict, Not Guilty.
JAMES BARNECOAT, 19, was indicted for an unnatural offence. The charge
was proved by the evidence of ELIZABETH STATRIDGE, of St. Ives.
Verdict, Guilty. The Judge - Let sentence of death be recorded against
him. By the law of England, the abominable offence of which he has
been found guilty remains a capital crime. The sentence will not be
carried to its full extremity, but he certainly will be sent for life
beyond the seas.
NICHOLAS COCK was indicted for feloniously ravishing MARY THOMAS, at
Redruth, on the 2nd of August, and JOHN JOHNS was charged with being
present and aiding and abetting him. Mr. HUGHES for the prosecution,
and Mr. HOLDSWORTH for the defence. SAMUEL RICHARDS, post-boy at
Andrew's hotel, Redruth, spoke to having seen the offence committed by
prisoner Cock, between nine and ten on Saturday night last, in an
unoccupied garden adjoining a lane at the back of the hotel stables.
Johns was there also, with three other men. JAMES F. ANDREW, brother
of Mr. Andrew who keeps the hotel gave evidence to the same effect, and
said he gave Cock in charge to Mr. LANYON. ABSALOM SIMS, engineer, saw
Cock at the place, and aiming to strike the woman. SARAH BODILLY saw
Cock strike Mary Thomas twice on her face, whilst she was on the
ground; she is a poor widow woman, supported by the parish, and
sixty-one years of age. Cross-Examined - Many persons were present;
but no one interfered when Cock struck the woman. By the Judge - Have
heard reports about her; have heard she was given to drink, but do not
know it. JOHN CHARLES LANYON, high constable of the eastern division
of Penwith, took Cock in charge in the garden, who said he would not
go, he had done nothing; he went on some way and then struggled to
escape; I called on those about the place to assist me. He said the
blood on his clothes came by his nose bleeding. Cross-Examined - I
have no doubt he had taken something, but he was not drunk. Mary
Thomas, the prosecutrix, said she has a daughter living near the
Brewery at Redruth. On going from her daughter's house on Saturday
night towards Mr. RUNNALLS's, a butcher, to buy meat, she was passing
through the lane at the back of the stables, when she met five men; two
of them (the prisoners) she knew; they dragged her into the garden, and
both prisoners committed the offence complained of. The witness
further detailed their ill-usage; she only knew the two prisoners; if
assistance had not come, she should have died there; was put home by
Mr. Cocking, the overseer. Cock made bruises in her face, by striking
her when she screeched murder. Cross-Examined - Had had nothing to
drink that night. JANE NICHOLLS, daughter of Mary Thomas, said her
mother was at witness's house that night; had had no beer there; was
perfectly sober when she left. CHARLES TREGONNING, policeman of
Redruth, spoke to the state of prisoner Cock's clothing, and also that
of prosecutrix on the night in question. Cross-Examined - Had never
seen Mary Thomas intoxicated.
THOMAS HODGE, constable at Redruth, apprehended Johns, and described
the state of his clothing. ROBERT BLEE (who took the affirmation as a
Moravian), is a chemist at Redruth; on the night in question, from
information, went to the garden; saw Mary Thomas there; described the
situation in which she was found, her face bruised, swollen, dirtied,
and bloody; got some cold water, and sprinkled and washed her face,
which seemed to recall her senses in some slight degree, so that she
was able to hear questions, and give some incoherent answers, which
some of the by-standers wrongly attributed to intoxication; such
incoherency would be produced by blows on the head. Afterwards
examined her at her house. (Described the result, and also what was
observable in the garden next day). Also examined and described the
state of Cock's clothes. Mr. Blee, in giving evidence, said he had
avoided as much as possible all technicalities, on which Lord Campbell
said, "I much approve of the sensible manner in which you have given
your evidence, in thus avoiding technicalities, and I believe you the
more to be a man of education and of science." Mr. HARRIS, surgeon,
Redruth, said he had also examined prosecutrix, and agreed with what
had been described by Mr. Blee. (A strong feeling seemed at times to
be excited in court by the atrocious character of the case, the details
of which are of course unfit for publication). Mr. Holdsworth
addressed the jury for the prisoners, and was complimented by the Judge
for the propriety and ability of his defence. The jury returned both
prisoners guilty of rape. They both however asserted that they were
not guilty of the crime. The Judge said - The evidence against you
leaves no doubt on my mind of your guilt. It can be of no service to
you now to impute wrong to the witnesses, and the only atonement you
can make to the laws of your country, will be with repentance,
contrition, and reformation. But a few years ago, you would have
forfeited your lives to the offended laws of your country; for in a
case of this sort the last sentence of the law would inevitably have
been allowed to take its course. The legislature has thought fit to
mitigate the punishment inflicted for this offence; the reason is that
the degrees of guilt in this offence vary so much that it is difficult
to say that death should be inflicted in all cases; but in such a case
as yours, if it could have been selected and characterised, I am sure
the capital punishment would have been still retained. The learned
Counsel who addressed the jury very ably on your part, pointed out
truly that there was something unnatural in your brutality. An old,
infirm woman, became the victim of your unnatural lusts, and you, to
gratify those lusts, resorted to violence almost unparalleled; and I
say it is alarming and shocking to find that we live in a country where
such outrages are perpetrated. But justice has speedily overtaken you.
You committed this outrage only on Saturday night last, and now the
sentence of the law is pronounced upon you, which is that for this
offence you be severally Transported Beyond The Seas For The Term Of
Your Natural Lives.
The Grand Jury ignored the bill against JAMES HORNBROOK, charged with
having stabbed and wounded THOMAS BENNETT, at Torpoint, with intent to
do him some grievous bodily harm.
Also the bill against PHILIPPA SANDOE, for forgery.
NISI PRIUS COURT, Tuesday, August 5. Before Mr. Justice COLERIDGE. -
CRIM. CON. - LENDERYOU v. ALLEN - In this case the following
gentlemen were sworn a special jury: Messrs. GRAHAM THOMAS GRAHAM,
foreman, RICHARD BOWHAY, J. A. COCKS, ALFRED FOX, R. LEAN HOCKING,
AUGUSTUS MORCOM, G. W. WEBBER, JOSIAH WRIGHT, WILLIAM VIVIAN, J. D.
BRYANT, THOMAS DAVEY, and R. R. LANGFORD. Mr. SERJEANT KINGLAKE and
Mr. MONTAGUE SMITH were counsel for the plaintiff; Messrs. SMITH and
ROBERTS. Counsel for the defendant, Mr. CROWDER and Mr. KARSLAKE;
attorney, Mr. GENN. Mr. Montague Smith then opened the pleadings:-
John Lenderyou, the younger, is the plaintiff, and ROBERT ALLEN the
defendant. The declaration states that the defendant debauched and
carnally knew Harriet Ann, the wife of the plaintiff. The defendant
has pleaded "Not Guilty." Serjeant Kinglake then opened the case to
the jury. This was an action brought by the plaintiff, an innkeeper
residing at Truro, against the defendant, Mr. Robert Allen, for one of
the most serious injuries that can be inflicted by one man upon
another; and if in this case the charge against the defendant should be
make out, it would prove to have been a most cruel and most wanton
aggression on the happiness of the plaintiff, and unaccompanied by any
circumstances of mitigation. It would not, he apprehended, be
attempted, on the part of the defendant, to allege there was any
neglect or misconduct on the part of the plaintiff towards his wife; on
the contrary, it would be shown that the plaintiff lived on terms of
the closest affection and endearment with the woman who had gone astray
from her duty towards him; and it was an aggravation of the defendant's
misconduct that it was, as a friend of the plaintiff, that he passed
over the threshold of that friend's door, leaving in that house only
misery and disgrace.
The plaintiff in this case was an innkeeper, and carried on a
respectable business at the Red Lion, one of the principal hotels in
Truro; to which he removed in October, 1849, with his wife and family,
from the King's Arms Hotel, at Falmouth, where he had carried on
business from the year 1843. In 1842, the plaintiff, being then about
24 years of age, married his present wife, then Miss HARRIET ANN BROWN,
who was then 20 years of age; and then took the King's Arms, at
Falmouth. There are two children of that marriage - a son and
daughter; one seven years old, and the other six. The defendant is a
native of Falmouth; he is about 28 years old, is also a married man,
and is the father of four children. His place of residence has been
for some time past, at Falmouth, where he carried on the business of
malting and brewing; and he lives in a part of Falmouth very near the
King's Arms. In 1843, the defendant was living at Oporto, whither he
had gone and where he had become connected with the wine business; He
there married his present wife in 1844, and returned with her to
Falmouth, where he has since carried on business. An intimacy
subsisted between the plaintiff and himself, arising probably, from his
supplying the plaintiff with wine and other commodities for the purpose
of his trade. In addition to the business of a publican, the plaintiff
had a farm in the neighbourhood of Falmouth. To this fact, it was
necessary to call attention, because it would be shown that the
defendant had full knowledge of the plaintiff's habits, and on all
occasions of the plaintiff's absence from the Inn sought the company of
his wife. It appears that Mr. Lenderyou was in the habit of sitting up
late at night, allowing his wife to go to bed early; while in the
morning Mrs. Lenderyou came down stairs earlier than he did. It would
be proved that the defendant was frequently at the King's Arms under
circumstances of great suspicion, as early as seven o'clock in the
morning; and also visited the house frequently after breakfast when the
plaintiff was absent at his farm, and would remain there several hours
at a time in the company of the plaintiff's wife, and circumstances
would be shown in connection with those visits which would leave no
doubt of a criminal intercourse having taken place between these
parties. The learned Serjeant proceeded to describe the premises at
the King's Arms, for the better understanding of the case. There was a
front door facing the main-street. From that door was a passage
leading to the outer bar, the tap-room and the common ordinary bar. At
right angles with that passage was another passage which communicated
with the street, at the side of the house. By this side of the house
were stables where Mr. Lenderyou generally took his horse when he rode
to his farm; and Mr. Allen's house was so situated that, with little
care, he could easily see when the plaintiff was leaving his house at
the side. After describing some other arrangements of the rooms on the
floor, the learned Sergeant stated that immediately opposite the bar
was a small passage which communicated with a little room called the
nursery, but which had not been used as such for a long time; it was
appropriated by Mr. and Mrs. Lenderyou for their private use, and for
themselves and family to take their meals in. The door of that room
was fastened only by a latch on the inside; and there being no handle
to that latch on the outside, the room would be inaccessible if any
person inside put down the latch. The room was a small one, and in it
were a sofa and easy chair, with other chairs. There was but one
window which looked out to the side entrance where the stables were,
and in a line with the side door which had been alluded to; and to that
window there was a blind. After describing the localities of the
premises, the learned Serjeant proceeded to state the circumstances of
the case, concerning the alleged proceedings of the defendant and Mrs.
Lenderyou at the King's Arms, Falmouth. In September, 1849, Mr.
Lenderyou removed to the Red Lion, Truro; his father continuing the
business at Falmouth till the end of the term, which expired in the
following year. The plaintiff, with his wife and children, went to
Truro in October, 1849, and took possession of the Red Lion Hotel,
where, it would appear, Mr. Allen sought to renew his intercourse with
Mrs. Lenderyou. He took stores at Truro, for the purpose of carrying
on the wine trade, and slept at the Red Lion. The learned Serjeant
then stated the circumstances which he proposed to prove as having
occurred at the Red Lion, connected with the charge against the
defendant; stating that until the 14th of April in the present year,
the plaintiff had lived on terms of perfect affection with his wife and
entertained not the smallest suspicion of any infidelity on her part
towards him; she had his complete confidence, and up to that very day
the affection with which he treated her was apparently returned by her
with equal affection. It might be said that such ignorance of his
wife's conduct for a long period of time was strange. But it would be
within the experience of most persons that servants and other parties
left at home would see a wife's misconduct before the husband; and
indeed, the husband fully confiding in his wife, was often the very
last to suspect that she had lent herself to others and proved
unfaithful to him. Serjeant Kinglake proceeded to detail the events of
the 14th of April, and expressed his confidence that the evidence he
should adduce would fully satisfy the jury that an adulterous
intercourse had subsisted between the defendant and Mrs. Lenderyou for
a long period antecedent to that date. On the authority of an opinion
expressed by the present Lord Chancellor, strengthened by the opinion
of another eminent Judge, the learned Serjeant impressed on the jury
that it was not necessary to have actual proof of an act of adultery;
if they had reason to believe, from other circumstances, that the
passion existed, and that opportunities occurred for the gratification
of that passion, it was a fair inference that the parties had that
improper intimacy to which such passion would lead. In conclusion, the
learned Serjeant urged that though the injury sustained by the
plaintiff could not be measured by any amount of damages, yet it was a
duty of the jury to express their sense of the wrong done, and the only
way in which they could do so was by measuring out such damages as
would teach the defendant that he could not act as he had done with
impunity - that the English law was a law of morality, and that they,
the jury, were determined to carry it into effect, by marking their
sense of the serious injury which had been inflicted.
The following evidence was then adduced:- THOMAS HICKS - I am parish
clerk of Kenwyn, and have been so many years. I was present at the
marriage of John Lenderyou and Harriet Ann Brown. I produce the
certificate of their marriage on the 14th of September, 1842. Mrs.
Lenderyou is the daughter of a farmer in Kenwyn, who lived on his own
freehold. ELIZABETH PETERS, single woman, living at Truro. Some five
and six years ago I went to live with Mr. Lenderyou at Falmouth, as
child's maid, at the King's Arms Inn. He had two children then. I
remained between two and three years in the service. I know the
defendant. He lived near the King's Arms, at the corner of
Killigrew-street. When I first went to Mr. Lenderyou's, for the first
twelve months I did not take any notice of Mr. Allen coming there; I
was chiefly employed upstairs. After that I noticed his coming to the
house as another customer. About twelve months before I left I noticed
that his visits became more frequent. In the forenoons, Mr. Lenderyou
used to go to the farm and other places. He went away straight up the
Moor, passing Mr. Allen's house, at the corner of Killigrew-street,
The side entrance to the king's Arms looked up Killigrew-street: the
front entrance facing Ludgate hill. Mr. Allen would come to the house
after Mr. Lenderyou went to the farm; sometimes he would go into the
bar, and sometimes into the nursery. I had that room as a nursery for
the first twelve months after I went there; and then it was used as a
room for the family to take meals in. When I have seen Mr. Allen go
into the nursery, I have seen Mrs. Lenderyou come out of the bar, and
also go into the nursery. I have also known her to be in the nursery
when Mr. Allen has come in; and I have seen him then go in and close
the door; the door has also been closed when Mr. Allen has gone in
first and Mrs. Lenderyou followed. These visits were every day when
Mr. Alen was in town. When Mr. Allen and Mrs. Lenderyou were in the
nursery, the blind was always drawn down; the blind was never down at
other times in the day time; I have sometimes seen Mrs. Lenderyou draw
down the blind before Mr. Allen came, and then Mr. Allen would go into
the nursery. I have known Mr. Allen and Mrs. Lenderyou to be there an
hour or an hour and half; they were then alone; the children were in a
nursery upstairs. I knew the blind was down, because I went out at the
door, to look. I knew Miss EDMONDS, the bar-maid; when Mr. Allen and
Mrs. Lenderyou have been in the nursery, I have seen Miss Edmonds
walking up and down the passage that commanded the side door, and the
view up Killigrew-street and the moor; and at such times Mr. Lenderyou
has been out. I have seen Mr. Lenderyou come home from the farm,
shortly after Miss Edmonds has been walking in the passage; and just
before master came in, Mr. Allen and Mrs. Lenderyou have come out of
the room, and he would go into the bar, and Mrs. Lenderyou would go up
stairs before Mr. Lenderyou came in. Some time - about six months -
before I left, I was going into the nursery for a hair-brush; Miss
Edmonds stopped me, and said I was not to go in there; I then went out
round to the side door to see if the blind was down; it was down; this
was just after ten in the morning; I then went upstairs and waited till
I saw Mr. Allen come out and go down the passage; I did not see Mrs.
Lenderyou come out. On another occasion, not long after what I have
just stated, in the evening, the Boots came and told me something; I
then went into the pantry, nearly adjoining the nursery; I waited there
a bit, and then went out to see if the shutter was up; I saw that the
shutter was closed, and that there was no light in the room, this was
about ten in the evening, in the fall of the year. I then went into
the pantry again; Mrs. Lenderyou came from the nursery, and closed the
pantry door; she saw me but did not speak; I went and opened the door
again; in a short time Mrs. Lenderyou came and closed it again; I
opened it again; then Mrs. Lenderyou came and sent me on an errand to
the kitchen. I went part way, and looking back, I saw Mr. Allen come
out of the nursery and leave the house, and Mrs. Lenderyou went
upstairs. She came down in about a quarter of an hour, and called me
to the bar window, and gave me a glass of gin and water. Mr. Lenderyou
was on this occasion lying down in the room up-stairs. There could not
be a kinder husband than Mr. Lenderyou was during the time I lived
there. On Cross-Examination, the witness admitted that she had herself
two children, and she supposed this made her rather suspicious; she had
had misfortunes herself, but had no husband to injure; she said she was
not very curious nor yet over-particular (Laughter). She denied ever
having had a glass of grog given her by Mrs. Lenderyou except on the
occasion referred to, and that she did not ask for; mistress called
her to the bar window and gave it to her.
REBECCA CRISPIN. I am wife of ROBERT CRISPIN who lives at Falmouth,
and a daughter of JAMES ROBERTS who managed a farm for Mr. Lenderyou.
I was in Mr. Lenderyou's service as child's maid; I went there when
ELIZABETH PETERS left, and I remained there twelve months. I attended
Mrs. Lenderyou and assisted her in dressing and matters of that kind.
She dressed her hair herself; she dressed it in curls, and was in the
habit of dressing it smart and well. While I was there Miss Edmonds
was bar-maid; the bar window faced the side entrance of the house.
Miss Edmonds and Mrs. Lenderyou were much together; I have seen them
walking about the house, arm-in-arm, together. Mrs. Lenderyou
generally got up about seven in the morning, before her husband. In
the mornings after breakfast, Mr. Lenderyou used frequently to go to
his farm, about a mile off; sometimes he would go there every day.
While I was there, I have seen Mr. Allen come to the house about seven
in the morning; he would go into the nursery, and Mrs. Lenderyou would
go in there; then the door was closed. I have seen that often.
Sometimes Mr. Allen would remain there an hour or more; Mr. Lenderyou
would then be in his bed; on such occasions the blind of the nursery
was down; I have seen that so about twenty times; when they were not
in the room, the blinds was up. I have also seen Mr. Allen there in
the forenoons, after Mr. Lenderyou had gone to the farm. Sometimes Mr.
Lenderyou would ride to the farm; he would take his horse at the
stables near the side entrance. On such occasions Mr. Allen and Mr.
Lenderyou would go into the nursery and remain there with the blinds
down, and the door sometimes closed and sometimes not. Mrs. Allen
sometimes took tea with Mr. and Mrs. Lenderyou; and sometimes Mr.
Allen would be there with them. When Mr. Allen and Mrs. Lenderyou have
been in the nursery, Mrs. Allen was not in the house. I have sometimes
gone to the nursery, and have knocked; Mrs. Lenderyou came to the
door, and I saw Mr. Allen there; the blinds were down. On going to
the room I have sometimes seen Mrs. Lenderyou sitting on Mr. Allen's
knee on the easy chair. I have seen that several times. When I have
so seen her, no remark was made by her; sometimes I have gone in and
sometimes not; her hair on such occasions was tumbled very much. The
bar window is a bow window looking out into the passage; not long
before I left, I was passing and saw Mr. Allen and Mrs. Lenderyou in
the bar; I came quickly on the window, and saw Mr. Allen kiss Mrs.
Lenderyou. I saw that distinctly. There is a room upstairs called No.
2, over the side entrance door; that room looks up the Moor; I have
known Miss Edmonds go to that room and look out of the window when Mr.
Allen and Mrs. Lenderyou have been in the nursery, and master was
expected back from the farm. I have seen Miss Edmonds then come down
from that room, and then Mr. Allen would come out of the nursery and go
into the bar, or he would go out at the back door; and Mrs. Lenderyou
would go up stairs. I have then seen Mr. Lenderyou return from the
farm. Before Mrs. Lenderyou came out of the nursery, I have seen her
draw up the blind. Corss-Examined - The families of Mr. Lenderyou
and Mr. Allen were well acquainted and on very good terms. The nursery
was the only room which Mr. and Mrs. Lenderyou could see their friends.
The door was sometimes shut when other visitors were there, besides
Mr. Allen. I have myself sometimes drawn down the blind and left it
down. I never watched to see what was the state of the blind, except
when Mr. Allen and Mrs. Lenderyou were in that room. I have drawn down
the blind sometimes when the sun was there; I was the only person who
did so; no other person had a right there. Miss Edmonds had been there
some time, and occasionally took her meals with Mr. and Mrs. Lenderyou;
she had the command of the inner bar and took the money. Mr. and Mrs.
Allen dined sometimes with Mr. and Mrs. Lenderyou; and Mr. Allen
supplied the beer there. Mr. Allen's premises were at a short distance
from the Inn, and he was in and out there most days. All the time I
was there, Mr. Lenderyou and Mr. Allen were very friendly indeed;
master used to call Mr. Allen "Bob," and Mr. Allen called master
"Farmer." I have seen them sometimes drinking together. When I saw
Mr. Allen kissing Mrs. Lenderyou it was in the forenoon; the kiss was
very quick. (Laughter). When the door of the nursery had been open,
not knowing any body was there, I have gone in, and have seen Mr. Allen
and Mrs. Lenderyou; sometimes he would be sitting down and she
standing by him, and at times she would be sitting on his knee; I am
sure I have seen her sitting on his knee twenty times; I have then
taken what I wanted from the room and gone out; these occasions had
always been in the day-time. Mrs. Lenderyou sometimes worked in the
nursery; her work-boxes were kept in the bar. I sometimes took the
children into the nursery. Mr. Lenderyou used to go to his farm and
return at different times of the day. I have seen Miss Edmonds look
out of the window of No. 2, the upstairs room, it may be twenty times;
that would be towards the time when Mr. Lenderyou was returning and
when Mr. Allen was in the house. No. 2 was a room for customers; I
have seen Mr. Allen and Mrs. Lenderyou there; and I have known Mr. and
Mrs. Lenderyou take their meals there. Re-Examined. When I saw the
kiss I was passing from upstairs to the kitchen, and my way was by the
bar window. I am sure it was a kiss. (Laughter). It was a common
talk among the servants about Mr. Allen going so often into the
nursery; We used to call him "Bob Omnibus". (Laughter). Boots put
that name upon him for a joke; I do not know the meaning of it.
SUSAN HARRIS - I am now bar-maid at the Charlestown Inn, St. Austell.
I lived with Mr. Lenderyou, as barmaid at the King's Arms in Falmouth.
I am a cousin of his. I went there in 1843, a fortnight or three
weeks after his marriage, and I remained there till he left to go to
Truro. When I first was at the Inn, Mr. Allen came as a customer;
afterwards, about three or four years since, his visits became more
frequent; sometimes he came four or five times a day, sometimes less;
It depended on his business. Mr. Lenderyou went to his farm, generally
every day, if the weather was fine; sometimes after breakfast. Mr.
Allen generally came when Mr. Lenderyou was away, and would go
sometimes to the bar, sometimes to the nursery; when he went to the bar
he would inquire for Mr. Lenderyou? if he heard he was away, he would
immediately retire to the nursery, and Mrs. Lenderyou always joined him
there; they were there always alone; when they were there, the door has
been partially open, and after they had been there about twenty minutes
the door has been closed; the blind has always been drawn when they
were there; I went outside for the purpose of seeing. Mrs. Lenderyou
and Mr. Allen stayed in the room, sometimes an hour, sometimes more.
When they were not there, the blind was always up except when the sun
was fervent; when Mr. Allen and Mrs. Lenderyou were there the blind
was always down whether there was sun or not. Miss Edmonds attended
the inner bar; she was there all the time I was there. When Mrs.
Lenderyou was absent in the nursery, Miss Edmonds attended in the bar.
Mr. Lenderyou stayed away sometimes two hours at the farm. Sometimes
Mr. Allen and Mrs. Lenderyou have been in the room when Mr. Lenderyou
returned, and they were apprised of Mr. Lenderyou's return by Miss
Edmonds. I have seen Miss Edmonds watch from the inner bar door, and
she frequently coughed, and sometimes laughed aloud, as a signal; and I
have seen them then come out of the nursery and in a few minutes Mr.
Lenderyou returned. I have known this happen frequently. I have known
Mr. Allen and Mrs. Lenderyou to be in the nursery at night; sometimes
after twelve o'clock. I recollect Mr. Lenderyou being at the Truro
cattle market, about eight months before he left Falmouth; he came home
that night a little after twelve. Mr. Allen was then in the nursery
and had been there four hours alone with Mrs. Lenderyou. When Mr.
Lenderyou came to the side entrance, he rang the ostler's bell; and
Miss Edmonds, who was standing at the bar door, immediately coughed;
then Mr. Allen-came from the nursery, rushed into the bar, and took a
pipe and sat down smoking. During the time I was there Mr. Lenderyou
treated his wife with the greatest of kindness and affection, and she
appeared to receive him in the same way; I never knew an angry word
between them. Cross-Examined. When Mr. Lenderyou and his wife met,
after his return from Truro, they embraced, they kissed; I don't know
any distinction between kissing and embracing. (Laughter). What I have
stated as to the nursery has reference to a period of two or three
years; I have gone out as often as five or six times to see if the
blind was up; five or six times, or more. I did not inform the
plaintiff of what I found was going on. I thought there was harm in
the kissing in the passage, but I did not tell the plaintiff, because I
did not like to would his feelings. I did not say anything to him
about it, because I knew he would not believe it; Mr. and Mrs. Allen,
and Mr. and Mrs. Lenderyou were intimate friends; the families were
constantly together. After the intimacy between Mr. Allen and Mrs.
Lenderyou became known and talked of, the female friends of Mr. and
Mrs. Lenderyou did not visit them as they had done. This was two or
three years ago. It was generally thought that people's suspicions
were correct.
ALICE RICHARDS, widow, employed as a charwoman by Mr. Lenderyou at the
King's Arms; WILLIAM HAYMAN, innkeeper, of Falmouth, ostler and boots
at the King's Arms in October, 1847; SAMUEL BRYANT, ostler at the
Dolphin Inn, Truro, and boots at the King's Arms from March, 1848 to
July 1849; JAMES PEARCE, post-boy at the Red Lion, Truro; and EDWARD
CARNIE, second boots from October 1849, at the Red Lion; all gave
evidence.
RICHARD BREWER, waiter at the Red Lion Inn. I have been waiter there
since Mr. Lenderyou has kept it. Mr. Allen has frequently come to the
house. I remember the Freemansons' dinner. Mr. Allen slept that night
in No. 8 room; I saw him there. I recollect the 14th of April last; in
the afternoon, about four or five o;clock, I heard Mr. Lenderyou call
out to me - He called "Brewer", and "MARY CROWGIE" to come to him; he
called three or four times passionately; I went to him, as soon as I
had put down some glasses from a tray, and saw him at the door of No. 9
sitting-room. It was about three minutes from the time he called, when
I got to him. I thought I heard a noise as of a door forced; when I
came up, he was standing with the latch of the door in his hand, and
some one inside appeared to be pushing against him. He said to me,
2Brewer, I have called you to witness that I have caught Rober Allen
and my wife; he then pushed open the door, and I saw Mr. Allen, and
mistress rather behind him. Master called him a d-d rogue and kept
blowing him up. He called Mrs. Lenderyou a w-e, and she said, "No such
thing, John; you did not catch us." Both Mr. Allen and Mrs. Lenderyou
came out of the room together, but mistress was just behind him, and
appeared as if she was afraid of master. When they came out, master
blowed him up, and ordered them both out of the house immediately. Mr.
Allen said, "Stop a minute; I want to speak to you, John; hearken to
reason." Master would not allow Mr. Allen to speak to him at all, but
called him "villain" and "rogue;" he said you have ruined me and my
family," and kept ordering Mr. Allen out of the house. I went down
stairs. Mr. Allen was not willing to leave the house, but wanted to
speak to master. Mr. Allen and mistress both went into the bar; they
were both looking very much frightened; mistress had no cap; her hair,
which she wore in curls, was looking rather shaky. Mr. Allen did not
leave the house for ten minutes or a quarter of an hour after he came
down stairs. When he had left, I went up stairs and looked at the lock
of the door of the room; the lock was not injured, but the staple was
sprung back; it appeared that the door had been forced and had sprung
back the staple. In this room, No. 9, there are two windows, one of
which opens against Mrs. HEARD's house, and the other against a blank
wall; the blind of the window open against Mrs. Heard's was down; the
other was up. Mr. Lenderyou went upstairs for her bonnet and things;
she left the house and I have not seen her there since; master still
keeps the house. Cross-Examined. Master had gone out to go to the
field; I did not know that he had returned till I heard him call
upstairs. His father was in the bar. From the bar it is possible to
see a person go in or out of the room No. 9 upstairs. I had been in
No. 9 a few days before; I had not noticed the state of the lock and
staple after Mr. PEARN had had some shawls and silks locked up there.
In the room all the furniture were three tables and some chairs. When
master accused Mr. Allen, I cannot say that I heard him reply to
master, "you are a d-d liar." Mr. Allen said several times; "hearken
to reason, John" I want to speak to you a moment." Re-Examined.
Master returned in the afternoon much sooner than if he had gone all
the way to the fields. When I went up stairs, master had one foot
against the wall opposite the door pushing the door inward, and some
one inside was resisting. The plaintiff had not been out to go to the
fields more than a quarter of an hour, before he returned.
MARY CROWGIE; I am chambermaid at the Red Lion; and have been there
sixteen months. On the 14th April, while I was about the house, I
heard master call me from below; I was in the higher plat. When I got
to where master was, I saw him standing in the doorway of the room; he
said "look to my wife and Robert Allen." The door was opened, and I
saw Mr. Allen just inside the door, and Mrs. Lenderyou in the room.
Mr. Lenderyou said to Mr. Allen "You have ruined my wife and family,"
and called him a wretch. Mr. Allen said to Mr. Lenderyou:- "Listen to
reason; it is no such thing." I heard master call his wife a w--e.
She said, "it is no such thing; you did not catch us." Her fore hair
was rather tumbled; I did not notice her back hair. The blind of the
window opposite the neighbour's was down: I had seen that blind
several times before during the day; it was then drawn up for the day.
The last time I saw the blind was about an hour before the transaction;
it was then up. The room was a rather dark one, at the back of the
house. The next day I went to the room to look at the lock; I went
inside and bolted the door, and my fellow servant stood outside and
burst it open against me; the brass that held the bolt gave way as if
it had been forced open. When I had previously seen the door the lock
was all right; I cannot say how long that was before the 14th of April.
Cross-Examined - I heard my mistress say to master, "Tis no such
thing." Then master said, "I have caught you"; and she answered "No,
you did not catch me."
MARY BULLEN, wife of Mr. THOMAS BULLEN, manager of Wood Works near
Truro. I lived with Mr. Lenderyou as barmaid; from October to the 22nd
of July last. I remember the 14th of April last. In the afternoon of
that day Mr. Allen was in the house. Mr. Lenderyou went out of the
house in the afternoon, and afterwards returned; when he returned he
first went to the bar; this was about four o'clock; he asked me where
Mrs. Lenderyou was; I told him she was here a few minutes ago. Mr.
Lenderyou then left the bar and went upstairs and in a few minutes I
heard him calling "Richard" and "Mary", "come here." I did not go up.
Shortly afterwards Mrs. Lenderyou and Mr. Allen came into the bar just
together; Mr. Lenderyou was just by them between the bar and the bar
parlour. Mr. Lenderyou was reproaching Mr. Allen, and saying "You bad
man, what have you been doing?" Mr. Allen said "I am innocent." Mr.
Lenderyou said "you have ruined me and my family." I did not hear Mr.
Lenderyou say anything of what he had observed. Mr. Allen said he was
innocent, Mr. Lenderyou said, "you are not; you have been up with my
wife, and have disgraced my wife and family." He then said to me,
"Miss Bullen, I have caughter Allen and my wife together in the blue
room." Mr. Lenderyou then went to the commercial room to write a
letter, and Mr. Allen followed him, saying he was innocent. Mr. Allen
then came back into the bar, and Mrs. Lenderyou asked me to pour out a
glass of wine for Mr. Allen, which I did not do, and she drew it
herself, and Mr. Allen drank it; she then poured out one for herself
and drank it, and then said, "My God, Bob, what shall we do?" He said,
"I am sure I don't know." She then said, "Can't you send for JOHN
BROWN?" (John Brown is her brother). He said, "What good is that?"
Mrs. Lenderyou and Mr. Allen then went into the inside bar, and stayed
there four or five minutes alone; I being in the outer bar. Old Mr.
Lenderyou made a nod towards the bar. I then walked into the inside
bar, and they walked out. The young Mr. Lenderyou came, and Mr. Allen
went out to him, but Mr. Lenderyou pushed him away. Mr. Allen again
said he was innocent, and came again into the bar. Old Mr. Lenderyou
reproached Mrs. Lenderyou, and she said, "It is not worse than you have
done; see what you have done yourself." The old man called her a bad
woman, and said, "See what you have done for your husband and
children." Mr. Allen was then at the door of the bar, within hearing.
Then Mr. Allen walked away at the back door, and I saw no more of him;
the old man walked away after him. Mrs. Lenderyou remained in the bar
a few minutes, and then went upstairs. Mr. Lenderyou took her by the
two shoulders, and told her to go to doors. She did go away that
evening, and has remained away ever since. Up to the 14th of April,
Mr. Lenderyou was always very attentive and affectionate to his wife.
Cross-Examined. During the time I was at the Red Lion, Mr. Allen was
frequently there; sometimes three or four times a day; he always dined
and supped with the family, and slept there when he did not return to
Falmouth. Mrs. Lenderyou always appeared to treat her husband with
affection. On that very day, the 14th of April, old Mr. Lenderyou and
Mr. Allen had been drinking grog together in the bar; and Mr. Allen
dined with Mr. Lenderyou (the son) and two gentlemen. I did not hear
old Mr. Lenderyou speak to his son when he asked where his wife was;
and I don't know why the son went to the blue room rather than any
other. He had to pass by that room to go to his bed-room. I could not
have seen the door of the blue room from the bar, even if I had looked
for the purpose.
EDWARD BULLMORE - I live near Falmouth, and know the plaintiff and
defendant. I knew the plaintiff and defendant during the whole time
they lived in Falmouth. I visited them constantly. The plaintiff and
his wife always appeared to live together very affectionately; he
appeared to be a very kind and affectionate husband. I have since
visited them at Truro; they appeared still to be living on the same
affectionate timers. Mr. Allen carried on business as maltster and
brewer, at Falmouth, in partnership with his brother George. At Truro
he carried on, on his own account, the business of a wine and spirit
merchant. I should think the defendant is from 28 to 30 years of age;
he is a tall powerful man. I know Mr. Allen's business in Truro has
been given up; I believe it was given up three or four months since.
Cross-Examined - I never heard that Mr. Lenderyou recommended Mr. Allen
to open business in Truro.
Mr. Crowder then, with real, energy, and ingenuity, addressed the jury
for the defence, which he based mainly on alleged improbabilities,
inconsistencies, and exaggerations in the statements of the witnesses
for the plaintiff; asserting that their evidence was insufficient to
warrant the conclusion that an adulterous act had been committed by the
defendant and Mrs. Lenderyou; although he admitted that the conduct of
these parties shewed levity and impropriety. The learned Judge summed
up with great care and impartiality. At a quarter to six o'clock, the
jury retired for consultation; and, the court being then adjourned to
Judges' lodgings, in about twenty minutes they proceeded thither, and
delivered a verdict for plaintiff, GBP350 damages.
CROWN COURT - Wednesday, August 6, before Lord CAMPBELL - CHARGE OF
MURDER - ELIJAH TEAGUE, charged with the murder at Silverwell, in this
county, was then placed at the bar. The Court was crowded to excess in
every part, the gates of the hall for a considerable time previous to
their being opened, having been completely besieged by a large number
of persons anxious to hear the trial. The prisoner walked into the
dock with some alacrity, but appeared immediately to be struck with the
scene before him, and the situation in which he was placed. He is a
young man of about 17 years of age, of dark complexion, and somewhat of
a sullen expression of countenance; throughout nearly the whole
proceedings he appeared to be utterly unmoved, though sometimes
listening to the witnesses with close attention. In person, though not
tall, he is of good size for his age, and rather strongly built. He
was respectably attired in black clothing. The Clerk of Arraigns -
Elijah Teague, you are indicted for the wilful murder of WILLIAM
KENDALL, on the 19th of April, in the parish of Kenwyn, by striking and
beating him with a hammer, giving him a mortal wound in the head, of
which he died. Are you guilty or not guilty? The prisoner replied, in
a firm voice, without the least emotion, "not guilty," and repeated the
same when he was charged with the murder on the Coroner's inquisition.
The following were sworn on the jury:- SAMUEL LOBB, foreman; JOHN
VERRAN, WM. AYRE, HENRY BLAKE, THOMAS STEPHENS, JAMES HODGE, WILLIAM
ROSEWARNE, PAUL BURRALL, EDWARD QUICK, GEORGE HAINE, FRANCIS VERRAN,
jun., and RICHARD NICHOLAS. The witnesses on both sides were ordered
to leave the Court, and to remain in the Nisi Prius Court till called
for. Counsel for the prosecution, Mr. STOCK and Mr. COLERIDGE;
attorneys, Messrs. SMITH and ROBERTS. For the defence, Mr. COLLIER and
Mr. KINGDON; attorneys, Messrs. CARLYON and PAULL.
Mr. Stock stated the case to the jury. He impressed on them the solemn
and important nature of the inquiry on which they were entering, one of
the most solemn and awful in which men could engage. The case was one
or more than ordinary difficulty, as it consisted entirely of
circumstantial evidence. There could, however, be no supposition that
the deceased had committed suicide; it was clearly a case of murder,
and the evidence, he thought, would lead to the conclusion that the
deed was committed by the prisoner at the bar. He then described that
the deceased, William Kendall, was a small farmer, renting from year to
year a tenement called Deer Park, in the parish of Kenwyn, about five
miles from Truro, on the road to St. Agnes, to the right of which Deer
Park is situated. It was a neighbourhood where the population, though
not scarce, is scattered, and there were no villages or collections of
houses near the place. The deceased at the time of his death was about
sixty-eight years of age; and after some description of his family
relations, Mr. Stock proceeded to read the statement of the prisoner,
Elijah Teague, who was one of the sons of deceased's wife by a former
husband, and who made the statement referred to before the coroner at
the inquest on the body. The learned counsel represented the
improbability of that statement, and its inconsistency with the truth.
He said evidence would be given to show that deceased did not come to
his death at the spot prisoner had stated; that the blood found there
had been placed there; that the wound in deceased's forehead had not
been inflicted by the kick of a horse, as prisoner had said, but by a
hammer, which had been found; that there were no marks of a heavy body
having been dragged over the ground, as prisoner stated he had dragged
deceased into his house; and further he referred to the conduct of
prisoner on the night Mr. Kendall came to his death, that conduct, he
said, being like that of a man with the consciousness of crime, going
in different directions doubtful what to do, and unprepared at the
moment with a statement to exonerate himself from suspicion. He
characterised the conduct of the mother, and of the neighbours in not
entering the house as extraordinary, and only to be accounted for by
the supposition that they were partially conscious of some painful and
fearful mystery which they shuddered at, and abstained from entering
into. He confessed that the principal difficulty in the case, as
regarded the prosecution, was the inability to show an adequate motive
on the part of the prisoner, and after some remarks on this point he
proceeded to call the following witnesses:-
NICHOLAS WHITLEY - I am a land-surveyor, and made the plan I produce.
There is a road marked on it leading from Truro to St. Agnes, the
distance is about eight miles; it is two miles from Truro to Chevelah,
just beyond which is a new house, I believe belonging to Captain
HAMLEY. Beyond Chevelah it is nearly a mile to where the roads diverge
to St. Agnes and Chacewater. From JOHN HORE's house, on the St. Agnes
road, it is about a mile and a half to Chacewater, by a road across the
country. About a furlong further on, on the St Agnes road there is a
lane called Butt Lane, which is an ordinary country road. (Mr. Whitley
described this lane as leading to a croft, across which there were
paths, one leading to an occupation road, and he pointed out the
direction of Kendall's house, distant about three furlongs from Grose's
house). There is only one door to Kendall's house; on the ground floor
there is a kitchen and a small parlour, nearly 11 feet by 8; opening
the outer door you go into the kitchen, and then into the parlour by a
very narrow door. Cross-Examined - The road which crosses the croft
from Kendall's house is a very rough road, but from the gateway to
Kendall's is a stone road in tolerably good repair, but not so good as
a turnpike. There were not deep cart ruts in the road; there might
have been a few marks of wheels, but the road was generally in a good
state. The window of the parlour is not a large window, merely a
cottage window.
WILLIAM CHENHALLs, a miner living at Penstraze. I know Deer Park where
old Mr. Kendall lived; it is about a mile from my house; I live near
the road leading from Chacewater to Deer Park. On Saturday the 19th of
April, I saw old Mr. Kendall about a quarter past eight in the evening
opposite my house in the road leading from Chacewater to Deer Park. He
was going towards his home from Chacewater, riding on a light bay pony;
he was going a little jog-trot; when he came opposite my house, he
pulled up and I spoke to him and said "Mr. Kendall, how are you this
evening?" he said, same; I said, "I suppose, sir, you are coming from
market at Chacewater"; he said he was; he was sober and seemed to be
very well, in his usual health. Going at the jog-trot pace, it would
take from ten minutes to a quarter of an hour to get to his house.
RUTH BAWDEN, daughter of RICHARD BAWDEN, labourer, living in the parish
of Kenwyn. I live with my father near the Truro and St. Agnes turnpike
road; on the with of April I was coming home from Truro market, and
came across the common to my home, I saw Mr. Kendall; he rode across
the road that I was passing on, at Penstraze Moors; he was coming in
the direction from Chacewater to the Truro and St. Agnes road; I
stopped for him to pass; he was riding a pony; some little time after
he passed me, I turned and saw him still riding towards his home; when
I last saw him he was near the turnpike road riding at a gentle trot.
Mr. Kendall had passed William Chenhall's house when I saw him. After
I had seen him I went home, and I got there about a quarter past eight.
JOHN CARLYON, coroner:- I held the inquest on the body of the deceased
William Kendall, beginning on the 21st of April, and continued, by
adjournment, on the subsequent day; prisoner was one of the witnesses
examined; I took down his examination; he signed the evidence he gave
on the first day, after it was read over to him; I took down myself the
evidence he gave on the Tuesday, and that also was read over to him; he
made no objection to what I took down. The prisoner's depositions
before the Coroner were then put in and read:- 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 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. I don't
recollect at what hour I thrashed. It might have been between five and
six o'clock in the evening, but I cannot say exactly. I thrashed about
12 sheaves of oats. It was after I had thrashed the oats that I
brought in some turnips from the garden, and boiled them. Deceased was
not there when I was thrashing. He had gone to Chacewater. When he
went away I was building a wall in his court. He asked me to go to
Chacewater, because he said he wanted to thrash, and had a good many
jobs to do, but he complained of being poorly, and I told him I would
thrash, and he might take his horse and ride into Chacewater, which he
did. No one lived in the house with him besides his wife. After I had
finished boiling the turnips, I started to go home and my mother went
with me; this was about eight o'clock. After we had gone a little way
my mother told me to go back and drive some sheep out of the seeding
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 four sheep, I went up to re-place
the gate, for fear the horse might break it. I then saw three horses
there, near the gate-way; 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 on 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 on his forehead. The three horses were a short distance
from him; one of them (the dark bay mare), we generally keep fettered;
I saw that she had one end of the 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 me arms under his and
dragged him into the house; I could not lift him off the ground, and
his heels were dragging on the ground; the distance was about eighty
yards. When I got him in, I placed him on a chair, in the parlour, and
went 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 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; this I am
positive of; 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 that 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 dead and put his feet 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 but he had
been there before, in the morning I believe. I don't know which way he
came back in the evening. There are two roads he might have taken. He
generally came back by Butt-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. 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.
Mr. JOHN CARLYON Cross-Examined. - The prisoner was not cautioned on
the first day, before he was examined; he was cautioned the second day;
he did not show any unwillingness to give his evidence. The inquest
began on Monday; I arrived at the premises about ten in the morning;
there were then a good many people about the premises; I saw a hammer
in Mr. Moyle's hand. From the way in which the hammer fitted the
wound, I had no doubt that Kendall was killed with that instrument; I
had a conversation with Mr. DUNSTAN, a brother-in-law of the prisoner,
after the inquest was over; I do not recollect his saying to me that it
was quite ridiculous to suppose that the wound was made with the
hammer. I don't recollect saying to him that I did not think that
hammer made the wound, but I might have said to him that it was not
material whether that was the instrument or any other; I have no
recollection of having said to Dunstan that I had great doubts about
the wound being made with a hammer.
MARY KENDALL, widow of the deceased Wm. Kendall, appeared clad in deep
mourning, of respectable character, and her appearance excited so much
interest she was allowed to sit. She stated:- I am the widow of the
deceased Wm. Kendall; I was married to him four years ago last June; I
had been married before; my first husband's name was WILLIAM TEAGUE; I
had eight children by him, six of whom are now living; four of them in
this county; I have one son at Calstock, and a daughter in Truro
married to WILLIAM DUNSTAN; the prisoner is my youngest living child;
soon after my marriage, four years ago, I went to live with Mr. Kendall
at Deer Park; we had generally a boy there, but not always. Kendall
had a family by his former wife, but none of them lived there. None of
my family lived there except Elijah to and again; he went there when I
first went there, and afterwards lived sometimes with his brother at
Calstock and sometimes at Deer Park. He was learning the butcher's
trade at Calstock. After a time, Elijah went to lodge at Grose's; that
was, I believe, in the beginning of January last; he went to Grose's,
because I had been very ill all the winter and could not attend to him.
Sometimes by husband and Elijah had words; but there were very
comfortable when Elijah went away to Grose's; they had had no words
shortly before that; I cannot say for how long. They had no words
after he went to Grose's, to my knowledge. Elijah worked regularly at
Mr. Kendall's after he went to Grose's; I used to go down and attend
the school, while Elijah came up to help Kendall. Elijah kept a school
for children a short distance from Deer Park, and near Grose's house on
the south side, at a little chapel called Mount Oram. I remember my
husband going to Chacewater on Saturday the 19th of April between 5 and
6 in the evening; he rode the yellow pony I believe; he had three
horses at that time - a mare and two entire horses; one had been shod
and the other had not; he rode upon the one that had been shod; one of
these was coming three and the other coming two; the one that he rode
was coming three; the mare was not the dam of either of them; I saw
these horses several times that day, just outside the town-gate; there
is a corner outside the town-gate, with a small house there; on the
evening of that day, before my husband returned from Chacewater, I went
to Henry Grose's between seven and eight o'clock - nearer eight I
think, but I can't say positively; I went out at the town gate and
through the short road there and then across the croft; when I came out
to set off, Elijah was in a corner of the field right under the town
gate; he asked me where I was going; I said I was going down to
Grose's; he said he was too directly almost; I went on about halfway,
and I looked over the hedge and saw the sheep in the seedling grass;
Elijah was then coming on after me; I told him to drive out the sheep
from the seedling grass; he did not do so directly; I went on; he then
came on with me two-thirds of the way through the croft, talking about
the threshing; I told him he had not turned out the sheep, and he went
back to do so. I went on to Grose's, and there found Mrs. Grose. I
had a grand-daughter at that time staying with me, she was at Mrs.
Grose's that evening, before I went there, and had been there two or
three hours; when I got to Mary Grose's the little girl was out with
the children; I stayed at Mary Grose's about half or three-quarters of
an hour; I went to Grose's to bring home the little girl, and I did
bring her home. On my way home I don't know that I saw or heard any
thing particular; when I got home I found Elijah there, in the passage,
just inside the front door, which opens into the kitchen; the little
passage is just made by a screen; I looked into the kitchen; the little
girl was in before me; Elijah was in the kitchen, or rather in the
passage coming out from the kitchen; I asked him whether Kendall was
come or not; he said "Yes;" I asked him where he was; he said "in the
parlour." I then went towards the parlour door; and Elijah put his
hand on the door and said "you must not see him, mother, not yet; it
will frighten you so; the mare has throw'd to him." I did not try to
go into the parlour, but I called two or three times "My dear Kendall,
can you speak to me?" I thought I heard something, but I am not
positive whether I did hear him or not; I stopped for a minute or two,
and then I came away with the child. During this time, Elijah was
standing by me, and he said "You must not go away; you must stay here,
or go for the doctor." I held up my hand, and I went out, and I said
to the little girl "we will go to Truro, my dear, if we can, and get a
doctor." Then we went right on, and down through the croft - the
little girl and me, and when I got to the lane I was faint; I stopped
there a minute or two, and was so unwell that I could not go to Truro
and went up round to go to Grose's. When I went away, I left Elijah in
the kitchen. When I got to Grose's the second time, I found Grose
there and his wife; I told them to go up; Mary Grose and her husband
went out in the direction to William Sandoe's. As soon as I recovered
myself a bit, I went back to my own house; when I came there I did not
go to the door; I went inside the gate and heard the Groses and Sandoes
coming. I looked for the key, just over the stable door; I could not
find it there; sometimes the key was kept there when the house was
left. I told them to take out a pane of glass and open the haps of the
kitchen window; whey did do so. Then we all went away down to Butt
Lane, to meet Elijah; we went down to the road, and I entreated Grose
to take one of our horses and go to Truro; after I had entreated him
several times, he and William Sandoe left Mary Grose and me and went
back to get a horse. When they came back with the horse, the Sandoes
went to their home and the rest of us went to Grose's; Grose would not
go to Truro, but said we had better wait for Elijah. When Elijah came,
he said "Hallo; have you seen mother?" He said "I suppose mother have
told you what has happened." Then they told him what his mother had
said; and he said, "I thought she was gone on to Truro;" they said "No;
your mother was not able to go;" he said he had been over for the
doctor, Mr. Moyle, who expected to be there in a few minutes. Then I
entreated Henry Grose to go with him; and they went away together. I
stayed there for I was very ill. When I was before the coroner, there
was no hammer shown to me that I know of; but Mr. Carlyon asked me
different times how many hammers we had.
At this point of examination, Mrs. Kendall for the first time
apparently since she had been in the witness box, saw her son the
prisoner. It is very probable that she had not seen him before, as
both he and she were sitting and there were several persons standing
and sitting between them. On her seeing him, she began to cry loudly
and bitterly, exclaiming to him, "Oh, my dear, I have not seen you
before now"; and then saying to the Court, "I have never seen him
since" - referring, we presume, to the time of his removal from his
home to prison. Re-Examined. The mare was quiet in harness, but
kicked at other times if a person went near her; the boy we had was
obliged to run from her some months before; she never kicked any body
very bad, but she would throw to any body who went near her; my husband
knew that; the boy could not do anything by her; the mare was bought of
DAVID CHENHALLS.
Witnesses examined included ELIZABETH JANE KEAN DUNSTAN, MARY GROSE,
HENRY GROSE, WILLIAM SANDOE, JANE SANDOE, JANE HOBBS, wife of MATTHEW
HOBBS, shoemaker, living at Castle Hill in Truro, DAVID CHENHALLS, JOHN
MOYLE, a surgeon, practising at Chacewater, ALFRED LORD, clergyman of
Mithian district, in which Kendall's house stood, RICHARD QUILLER
COUCH, a member of the College of Surgeons, living at Penzance, JOHN
COCKING, WILLIAM JAMES, constable of the parish of Kenwyn, RICHARD
TIDDY, constable of Kenwyn, EDWARD MICHELL of Tregavethan, NANCY
MICHELL, daughter of the last witness.
On the application of prisoner's counsel, Mr. Collier, who said he was
suffering from indisposition, the Court was adjourned for half an hour,
the examination of witnesses having lasted between eight and nine
hours. On the re-assembling of the Court, Mary Kendall, the prisoner's
mother was recalled, and said in reply to him, there were two goat's
skins lying on the hedge where the hammer was found, one of them an old
one, and the dogs had been playing with one of them. By Mr. Stock -
One of the skins was in holes; they were put out there in the beginning
of April.
Thursday August 7. The Court opened this morning at eight o'clock; and
Mr. Collier resumed his address to the Jury for the defence. In the
course of his speech he referred to the circumstance of the finding of
the deceased's hat, this fact, it appeared, having been mentioned in
the depositions. The Judge told Mr. Collier that he was not at liberty
to speak of circumstances that had not been proved in evidence; but, in
most ready compliance with a request from Mr. Collier, his lordship
consented to receive evidence on the point, and the following witnesses
were recalled - John Cocking, examined by the Judge and Jury:- About
six o'clock on the Sunday morning, I saw the deceased's hat on a bush
in the hedge near the place where it was said Mr. Kendall's body was
found; the bush was from two and a half to three feet high; Elijah
Teague was with me when I found the hat; I don't know that he shewed it
to me, but I can't say that he did not; I let it remain on the bush.
William Sandoe - On the Saturday night, the second time, I went to
Kendall's with Henry Grose. I saw a hat on the ground, in the road. I
said "Henry, here is a hat;" and I took up the hat intending first to
carry it into the house; a thought then struck me, whether it would be
proper for me to take the hat into the house, and I placed it on a bush
by the side of the road. This was about half-past ten o'clock. I left
it on the bush, I did not know whose hat it was, I saw it again there
the next day, it was the same I had seen on the Saturday night. I did
not perceive any bruise on the hat. Henry Grose - I saw a hat on the
Saturday night, near the place where it was said the deceased was taken
up; this was near eleven o'clock I think. The hat was lying on the
ground, a little off from the hedge; Wm. Sandoe put it on a bush; I had
then heard that William Kendall had met with a kick from a horse; I did
not observe any mark or bruise on the hat; I did not look particularly
for it.
Mr. Collier then resumed his speech in favour of the prisoner, and
concluded an able and lucid address in about two hours and a half. The
learned Judge was about two hours summing up the case. He concluded at
ten minutes to one. The jury then retired, and at twenty minutes past
one returned into court, and gave as their verdict, "Not Guilty". We
shall report the defence and the summing up next week.
A PARAGRAPH FOR PAPA AND MAMMA. - The juvenile readers of a facetious
contemporary request them to copy the following paragraph, now going
the round of the papers, and commend it to the perusal of parents, with
a view to family adoption:- "Few dentrifices are more efficacious, and
none more agreeable, than ripe strawberries. Rub the teeth and gums
with them daily whilst they are in season, and you will thank us for
the hint."
ECCLESIASTICAL - The Rev. JOHN POPE COX has been instituted to the
rectory of St. Ervan, void by the death of the Rev. WILLIAM MOLESWORTH,
on the presentation of Sir William Molesworth, of Pencarrow, Bart.
TRAINING SCHOOL, TRURO - On Saturday last Miss LOUISA OSMENT, from
the Training School, Truro, daughter of Mr. OSMENT, Paris-street,
Exeter, was appointed mistress of the National School, Dawlish.
COMMITTAL - On Wednesday last, a man named PHILIP ANDREW was
committed by Mr. E. COODE, jun., to take his trial at the next
sessions, on the charge of stealing a quilt belonging to a person
called WILLIAM CROWLE, of Carthew, in the parish of St. Austell.
ACCIDENT AT ALFRED CONSOLS MINE - On Tuesday afternoon, as Capt.
MICHAEL MICHELL was superintending the sending down of materials in
West Alfred Consols mine, Hayle, the chain surged and caught his left
hand, severely lacerating it, and rendering it necessary to amputate
one of the fingers.
FATAL ACCIDENT - On Wednesday morning, a man called THOMAS ODGERS, a
native of Camborne, was killed in the cutting for the West Cornwall
Railway, immediately east of Guilford, near Hayle. It appears that
whilst following his work, about four tons of rubbish fell on him,
forcing his head between his legs and against the ground, inflicting a
severe wound in his forehead. The medical officer of the works was of
opinion that death was occasioned, not by the injury to the head, but
by compression to his chest from the rubbish.
CORONER'S INQUEST - An inquest was held by Mr. HICHENS on the 2nd
instant, at Phillack, on the body of PETER DUSTING aged 20 years. The
deceased was a shipwright, and was assisting in the launching of a new
iron steamer at the shipbuilding yard of Messrs. HARVEY and CO., at
Hayle, on the 29th of July last, when, in consequence of the ship
having lurched a little on her larboard bow, the deceased was caught
under her, and thereby received such serious internal injury, besides
the fracture of his left thigh, as to occasion his death on the
Saturday following. Verdict "accidental death."
15 AUGUST 1851, September
WHEREAS, HENRY SYMONS, late of St. Mawes, master of the Merchant Ship
"Golden Eagle," and PHILLIPPA his Wife, are supposed to have been
drowned together in November last, when the said ship was wrecked on
the Haaks off the coast of Holland. Whoever will give any specific
information respecting the death of the said Persons or either of them,
to Mr. JOHN SYMONS, Hungerford Wharf, Strand, will be rewarded for his
trouble.
BOCONNOC - This fine mansion is not less distinguished by the
historical events with which its name is connected than by the beauty
of situation, and the extent and character of its grounds, and the
views it commands. One of the events in its history, its being the
head quarters of King Charles I., at the time of the siege of Fowey,
has recently been again under notice of the sale of some rare
autographs in the metropolis, amongst which the Athenaeum tells us
there was sold at Sotheby's "a very interesting letter from Charles the
first to Prince Rupert, entirely in the autograph of the King, and
dated Boconnoc August 30, 1644, sold for GBP11. 5s. The letter closes
"I must protest to you, upon the faith of a Christian, (the reason of
this protestation, I refer to Robin Leg), that, as concerning your
generosity, and particular Fidelity and Friendship to me, I have an
implicit faith in you: this at all tymes, shall be made good by your
loving Oncle and most faithful friend - Charles R." On the reverse of
the second leaf is a continuance of the letter, in cipher, with the
following note on the side, in the King's handwriting:- "I send you a
Cyfer of my owen making, desiring you to use it, if you understand it,
as I believe you will, though Waker [Sir Edward Walker?] who
transcribes it, cannot."
THE HARVEST - Harvesting has become general in the neighbourhood of
Penzance, and has been commenced in other parts of the county. A field
belonging to the Hon. G. M. FORTESCUE, of Boconnoc, is stated to have
no less than one hundred and sixty shocks, ten sheaves in a shock, in
an acre; the reed on an average being five feet seven inches long.
THE REV. SAMUEL ANDREW - On Tuesday the 5th instant, Mr. LACY
presented a petition from the electors of Launceston, praying for "an
inquiry into the circumstances connected with the removal of the Rev.
Samuel Andrew from the Head Mastership of the Ordnance School."
EMIGRATION - On Tuesday last, the barque "Belle," BISON master,
sailed from Padstow for Quebec, with one hundred and forty emigrants on
board.
NAVAL APPOINTMENT - Mr. JOHN VIVIAN WILLIAMS, son of Mr. OCTAVIUS
WILLIAMS, of Truro, has been appointed midshipman to H.M.S. "Calypso."
ROYAL COLLEGE OF SURGEONS. - Mr. HENRY SPRY LEVERTON, of Truro,
having undergone the necessary examinations for the diploma, was
admitted a member of this college, at the meeting of the Court of
Examiners, on the 8th instant.
QUARTERLY RETURNS OF BIRTHS, MARRIAGES AND DEATHS - The population of
England and Wales was 15,914,148 on June 7th 1841, and 17, 922,768 on
March 31st, 1851; and this implies such a rate of increase that the
population, exclusive of persons in ships, must have been about
17,977,000 in the middle of the year 1851, and 15,930,000 in 1841.
With regard to Cornwall, the registrar General's report contains the
following. The population of the county in 1841 was 343,321, and by
the recent census (the returns yet unrevised), the population on the
31st of March, 1851, was 356,662. The registrar of the Liskeard
district states that scarlatina has prevailed during the last quarter,
and has been extremely fatal in a portion of the sub-district. The St.
Agnes registrar reports that the deaths have been a little above the
average, from typhus and scarlatina having been rather prevalent among
children. At Redruth the increase in births is attributed by the
registrar to the influx of population; the deaths are in excess of the
quarterly average, but no particular cause can be assigned, as no
epidemic has prevailed; the mortality has principally been with persons
of advanced years, and very young children. In the Camborne district,
the increase in births and deaths is attributed to the great influx of
labourers into the district during the last two years. In the Penzance
district and Uny Lelant, the small-pox has prevailed during the past
quarter. At St. Ives eleven died from small-pox making its appearance.
The registrar suggests that some stringent measure should be enacted
to compel people to have their children vaccinated. He says, "People
have a superstitious fear of having their children vaccinated; they
say, 'it is taking the cause out of the hands of God.'". This the
Registrar General remarks, "is an instance of the effects of the
mistaken fatalism of an ill-instructed people."
PENZANCE GENERAL QUARTER SESSIONS - These sessions were held at the
Guildhall, on the 6th instant, before G. N. OXENHAM, Esq., (deputed by
ROBERT P. COLLIER, Esq., Recorder), when CHARLES WILSON was indicted
for having on the 7th ultimo, at Penzance, feloniously stolen a blue
cloth jacket and two cloth caps, the property of CHARLES ROGERS, of
Scilly, shipwright. The prisoner pleaded "not guilty." Mr. PASCOE
appeared for the prosecution. The evidence shewed that the prosecutor
on the abovenamed day was lodging at the house of Mr. JOHN MORRIS, at
the Quay. The prisoner and another man were lodging there at the same
time with the prosecutor. The prosecutor, on retiring to rest the
evening previous, had hung his jacket and caps to crooks in two rooms
below stairs. On coming down stairs on the morning of the 7th ult., he
missed these articles; the prisoner had then quitted the house and
suspicion having fallen on him, Mr. Morris went in search of him, and
discovered him at Hayle, with one of the prosecutor's caps on his head.
Mr. Morris immediately gave the prisoner into the custody of THOMAS
WESTACOTT, a police officer residing at Hayle. The Recorder summed up
the evidence, and a verdict of "guilty" was immediately returned by the
jury. The prisoner was sentenced to four months' imprisonment with
hard labour, in the borough gaol.
WEST PENWITH - The monthly meeting of the magistrates for this
division was held at the Guildhall, Penzance, on the 6th instant. The
magistrates present were D. P. LE GRICE, SAMUEL BORLASE, and JOSEPH
CARNE, Esqrs., and Revds. C. V. LE GRICE and H. E. GRAHAM. RICHARD
VINICOMBE DACY and JOHN BLACKEREY READ, two of the overseers of the
borough of Penzance, were summoned to shew cause why they had not
obeyed an order of the board of guardians of the Penzance Union, for
the payment of the sum of GBP130, on the 19th of June last, to the
treasurers of the said union. Mr. Read admitted the amount was not
paid on the day ordered, but stated that the fault did not lie with the
overseers, inasmuch as they had left in the hands of the assistant
overseer an ample rate to cover the call. Mr. TRUDGEON, the assistant
overseer, stated the reason the call was not paid in due time was the
great difficulty he had had in collecting the rate, and added that he
paid the call to the treasurer on the 19th of July, being one month
after the day named in the order. The justices decided that the
overseers were guilty of the charge, and ordered them to pay 5s. and
the expenses.
JOHN ROGERS, clerk, v. WILLIAM ROWE and CHRISTOPHER EDWARDS. Mr.
REGINALD ROGERS, of Truro, appeared for the complainant. The
defendants were charged with having wilfully and maliciously broken
down two posts at the tenement of Trevowin, in Ludgvan, the property of
the complainant. The charge was admitted by the defendants, upon which
Mr. Rogers stated his object in summoning the parties was to prevent
the committing of similar offences, and as the defendants had expressed
their sorrow for the injury they had done, he should be content if the
magistrates ordered the defendants to pay merely for the damage done to
the posts, and the expenses. Decision accordingly.
HENRY SAMPSON, a beerseller, residing at New Bridge, in the parish of
Sancreed, appeared to answer a charge of having on the 10th of June
last, (being Sancreed feast-day), kept his house open at improper hours
and allowing drunkenness therein. The charge was proved by a man named
WILLIAM ROBINS. Mr. BORLASE, of Castlehorneck, informed the bench that
Sampson was a man of good character, and hoped that a small fine only
would be inflicted. The justices ordered the defendant to pay GBP1, to
include the expenses.
WILLIAM JENKIN and RICHARD JENKIN were summoned to shew cause for their
refusing to reimburse the parish of Madron, for the maintenance of
their father, ENOCH JENKIN, now an inmate in the union workhouse, and
chargeable to the said parish. Mr. DUNN, the master of the workhouse
proved these facts, and stated the weekly cost of the pauper was 1s. 8
1/2 d. per week. An order was made for the payment by William Jenkin
of 8d. and by Richard Jenkin of 1s. per week, each.
JOHN CLEMENCE was charged by WILLIAM MADDERN, of the parish of Madron,
with having on the 4th instant, deserted his service before the full
term of his servitude was completed. The justices deemed the
complainant's evidence uncertain and unsatisfactory and dismissed the
charge.
PETER WILLIAMS v. JOSEPH HUNKIN. The complainant sought to recover the
sum of 17s. 6d. as a balance due for wages for work done at West Wheal
Darlington mine, in Ludgvan. From the cross-examination of the
complainant and the evidence adduced on the part of the defendant, it
appeared that the complainant and defendant and two others were joint
contractors for the erection of an engine-house and other buildings on
the above mine, that the defendant after working at the "job" for about
twenty days, finding it likely to prove an unprofitable one, ran off,
leaving the defendant to his own resources to complete the contract,
that previous to his leaving, the complainant had taken up an equal
share of "subsist" money with the defendant and the two other partners,
but notwithstanding his having so shabbily served the defendant by
leaving the work in the manner described, he now sought to make it
appear as if the defendant was his employer at daily wages. The
justices were of opinion that the parties were co-contractors and
dismissed the case. There was another summons against the same
defendant by W. J. HUNKIN, another of the contractors, for GBP1. 9s.
which met with a similar fate. Mr. PASCOE appeared for the defendant
in each case.
ST. AUSTELL PETTY SESSIONS - These sessions were held in the
Town-hall on Tuesday last, when DAVID KENT, of St. Stephens, was
charged, on the information of policeman SAMBELL, with leaving his
waggon in the eastern turnpike for more than one hour and a half, and
was fined 5s. with 6s. 6d. cost.
AMELIA BULLEN was charged with an assault on a young woman named
BULLEN, and was fined 20s., and in default of payment was committed for
one month to the county gaol.
TRURO POLICE - On the 1st instant, SAMUEL DAVIS was committed to the
House of Correction for three calendar months, with hard labour, for
being in GEORGE CLIFT's garden for the purpose of stealing apples.
On the same day EBENEZER NIKE was fined 10s, with 10s. costs, for
assaulting STEPHEN JOHNS, in Calenick Street, and in default of payment
was committed to the House of Correction for fourteen days. He was
also fined GBP2 and 10s. costs, for assaulting policeman Ward in the
execution of his duty, and in default of payment was committed to the
House of Correction for one calendar month, with hard labour, to
commence at the termination of the former sentence.
On the 6th instant, MARY FRANKS was committed for trial at the next
sessions, for stealing several articles of wearing apparel, the
property of WILLIAM TRENHAILE, of Calenick Street, cordwainer.
On the 7th instant, JOSIAH SPARGO was committed for trial at the
sessions on two charges, for stealing a pair of kerseymere trousers,
the property of GEORGE PELLEW, jun., of Truro, baker, and for stealing
a calico shirt, the property of THOMAS BATTERSHILL, hatter.
On Friday last, WILLIAM HENRY GLASSON was fined 40s. and 11s. costs,
for offering and exposing for sale obscene songs in the public streets,
and in default of payment was committed to the House of Correction for
three calendar months. On the same day, JOSIAH EVANS was fined 5s. and
9s. costs, for assaulting police constable WARD, whilst in the
execution of his duty; and in default of payment was committed to hard
labour for one calendar month.
THE MULLION FIRES - This and the adjoining parishes have been the
continued scene of incendiary fires and threatening letters for several
years past; and a person of the name of WILLIAM BARTLE was tried and
convicted at the late assizes and sentenced to fifteen years'
transportation. The offence was brought home by a mass of
circumstantial evidence, of which we gave a full report last week. Our
correspondent states that much praise is due to Mr. HILL, of Helston,
for it is understood to be principally owing to his untiring exertions
that the guilty party has been brought to justice. We trust we shall
never have again to record, especially in our county, such terrible
visitations as have been inflicted on some of the inhabitants of this
district by fire. The learned judge, Lord Campbell, in summing up the
case to the jury, said the crimes were only paralleled in the county of
Tipperary, in our unfortunate sister country, Ireland.
A LAD DROWNED WHILST BATHING - An alarm being given at Padstow on
Tuesday last, that a lad named JAMES DOCTON had sunk whilst bathing.
JAMES GAMMON OSBORN, conductor of the blockmaking department in the
establishment of Messrs TREDWEN, hastened to the spot, and succeeded in
bringing the body to land, but the means used for resuscitation proved
unavailing, life being extinct.
FATAL ACCIDENT - On Sunday the 20th ult., on board the "Jane Sowden,"
of Padstow, ROBERT LANGFORD, master, on her voyage from Quebec to
Truro, JAMES WHITE, a youth about eighteen years of age, fell from the
main-top-sail yard-arm to the deck, and was injured so severely that he
died in about ten minutes after. It is stated that his parents reside
at Brompton Villa, London.
CORONER'S INQUESTS - The following inquests have been held before Mr.
HAMLEY, county coroner:- On the 2nd inst., at Roche, on ANN VERCOE, an
old woman. She lived with her son-in-law and daughter. The daughter
had just gone up stairs leaving the old woman sitting in the kitchen
alone. She heard a noise and on going down found her lying on the
floor; she lifted her up and found she was quite dead. Verdict,
"visitation of God."
On the 9th inst., at St. Neot, on JOHN OATS. It appeared that the
deceased, only 15 months old, had gone out with some other children
into a house in which there was an open well. Soon after, one of the
children made an alarm that the child had fallen into the well.
Assistance was soon got and the child taken out, but he was quite dead.
Verdict, "accidentally drowned."
On the 13th inst., at Treganissy, in the parish of St. Austell, on the
body of CHARLOTTE VIVIAN a child two years and half old. The mother
had left her on a bench in the kitchen near the fire-place, while she
went to fetch some turf. A few minutes after, a neighbour heard her
crying and on going out saw the child coming out of the house all in
flames. She got out the fire as soon as possible and called the
mother. Medical assistance was soon had, but the child died in
consequence of the injuries. It was supposed she fell off the bench
and caught her clothes on fire. Verdict, "accidentally burnt to death."
22 AUGUST 1851, Friday
BAPTIST MISSIONS - On Sunday last two sermons were preached in the
Baptist chapel, St. Austell, by the Rev. W. JARROM, missionary from
China. On Monday afternoon, the services were resumed by the Rev. Mr.
JACKSON, of Falmouth, who preached in the absence of the Rev. N.
HAYCROFT, of Bristol, who was prevented from being present by
indisposition. At five o'clock the same afternoon there was a public
tea, after which the annual meeting was held. The Rev. Mr. PULSFORD
took the chair, and addresses were delivered by Mr. O'SHAUGHNESSEY,
(Providence), the Rev. Mr. COPE, (Independent), and also by the Rev. W.
JARROM, who gave a very able and deeply interesting address, embracing
the present state and prospects of the Baptist missions in the West
Indies, Continental India and China, interspersed with remarks
illustrative especially of the manners, customs and characteristics of
the Chinese people among whom he has laboured for several years.
TREAT TO POOR CHILDREN - On Tuesday last, Mr. DERRY, of Trebursye
Cottage, Launceston, gave a treat to the children of the poor belonging
to the parish of St. Thomas. They were plentifully supplied with tea
and cake; and after enjoying themselves in the beautiful gardens
belonging to the house, and again partaking of refreshment, they went
home highly delighted with the kind entertainment and enjoyment which
they had experienced by the liberality of Mr. Derry and his family.
WEST DIVISION OF KIRRIER - On the 8th instant, MARY ANN POLGLASE,
single woman, was charged before the Rev. JOHN PETER, with unlawfully
entering the dwelling-house of Mr. THOMAS SHEPPARD, of Merris, in
Mullion. It appeared from the evidence that Mr. Sheppard's family had
all gone to chapel on Sunday evening the 3rd instant, and the prisoner
in their absence had broken one of the windows and entered the house.
An attempt was made on one of the drawers in which Mr. Sheppard kept
his cash; the prisoner was disturbed, parties entered the house but at
first could not find any one. But on examination she was discovered
concealed in the kitchen chimney. The evidence was most conclusive,
but Mr. Sheppard did not wish to press the case to the sessions, and
under the advice of Mr. HILL, his solicitor, she was dealt with under
the vagrant act. The magistrate, after considering the case, committed
her for three months to hard labour for being found in the
dwelling-house for an unlawful purpose.
BAYONET - Bagonet is a vulgar expression of the word bayonet, at least
it is so regarded. A correspondent is aware, that it is so used, but
he had a suspicion that it is not an erroneous expression of the word,
that is, an error in intonation; but the adoption of a word from some
foreign source in lieu of it; and he wishes to attract the attention of
etymologists to the subject. It may be observed that there is no
elision by changing "bay" into "bag," nor any sliding into easier
pronunciation in conversation, but one word used distinctly for
another. (We believe our worthy correspondent is mistaken. Bayonet is
generally understood to be derived from Bayonne, where it is said to
have been first manufactured.)
NOTES FOUND IN BOTTLES ON PERRAN BEACH - The following note was found
in a bottle on Perran beach, July 10, 1851:- "On the ocean, June 21,
1851. From MARY ANN PETERS, MATTHEW KING, and family, natives of
Weston-super-Meer, on a journey to America; CHARLES DYEMENT, a native
of Tavistock, all alive and well, thank God. When this was written we
were about 200 miles from Bristol. We had it very warm, and scarcely
any wind. If these few lines ever reach my native land, advertise them
in the newspapers. Now I end my tale. God speed it. Matthew King."
This note was found in a bottle on Perran beach early in July, 1851.
"The ship "Cornwall" from Liverpool in stress of weather, WILLIAMS,
master, two passengers on board. June 30, 1851.
VESSEL LAUNCHED - The schooner "Lionesse," 104 tons register O. M.,
70 tons, N. M., has been launched from the building yard of Mr. JOHN
EDWARDS, at Scilly, having been lengthened sixteen feet amidships, this
vessel ran for several years as a mail packet between Penzance and
Scilly, and was a remarkably good sailing vessel, and it is expected
that she will be now a match for any of the other fruiters of her size.
She is the property of Mr. HENRY WEYMOUTH, Mr. GEORGE DAVIES, and
others, and is intended for the Dinis and St. Michael's trade.
ROBBERY AT ST. AUSTELL - On Monday last, before Mr. E. COODE, jun.,
STEPHEN WILLIAMS, of St. Austell was charged with stealing on the night
of the 14th instant, at Charlestown, near St. Austell, a match box
containing eight shillings, two "characters" and a seaman's register
ticket, the property of DENNIS MULLIN. After going into the evidence
at considerable length, Mr. Coode decided to send the case for trial at
the next sessions, and Williams gave bail for his appearance to take
his trial accordingly.
COMMITTAL - On Monday last, a man named MORCOM of Gwennap, was
committed to Bodmin for trial at the next sessions, by Mr. S. H.
PELLOW, for stealing some brass-work belonging to one of the steam
engines in the United Mines, Gwennap.
ACCIDENTS - On Wednesday evening the 13th last, as Mr. ROBERT WILLS,
blacksmith, of Bude, was driving home a waggon from Dolsdown, having to
take up some reapers at Thurlibeer farm, in the parish of Launcells,
and soon after, ascending from the town of Stratton on the level he
fell off the waggon and the wheels passing over him, he was so
seriously injured that he died on Friday morning, leaving a widow and
five children.
On Friday last, as a man named S. STIDWELL, aged 24, ostler to Mrs.
BROAD, of the Bideford Inn, Stratton, was bathing with some others at
Bude, either from cramp or a strong outset of the flowing tide, he was
carried out to sea and drowned. The body has not been picked up.
SERIOUS ACCIDENT AT SEA - The "Royal Adelaide," barque, RICHARDS,
master, sailed from Fowey about a fortnight since, with emigrants bound
for Quebec, and by accounts which reached Fowey on Saturday last, we
are informed that when 300 miles reckoning from the Lizard on Saturday
morning the 9th instant, she came in contact with a Swedish barque,
homeward bound from the East Indies, laden with sugar and spirits.
There was a dense fog at the time, and the injury was so great that the
crew of the Swede had just time to secure their personal effects before
their vessel went down. The rescued crew were landed in safety at Cork
by the "Royal Adelaide."
ACCIDENTS FROM MACHINERY - On Saturday last, whilst a youth called
WILLIAM PHILLIPS, of St. Erth, was oiling some part of the machinery in
Messrs. HARVEY and CO.'s Boring-Mill, at Hayle, his clothes became
entangled in the machinery, and in endeavouring to save himself, he put
his hands among the wheels and they were so severely torn, that Dr.
MILLETT found it necessary to amputate nearly the whole of the left
hand close to the wrist and the two middle fingers of the right hand.
On Thursday some boys were amusing themselves in the engine-house of
Balleswidden Mine by riding up and down on the bob of the engine, when
one of them got his head jammed between the horn and a collar beam of
the roof, the horn traversing within five inches of the beam. The blow
which he received inflicted dreadful wounds on his face and head; but
although greatly injured we are glad to hear that he is likely to
recover.
CORONER'S INQUESTS - The following inquests have been held before Mr.
CARLYON, county coroner:- On Saturday last, at Bissoe Bridge, on the
body of JOHN MITCHELL, aged 38 years. The deceased was one of the
timbermen, at the United mines, Gwennap, and on Friday last was engaged
with others in striping some timber from Sunny Corner shaft, when a
large quantity of it with some rubbish from the back of the shaft came
away unexpectedly and buried him under it. When taken out he was quite
dead. Verdict, "accidental death."
On the same day, and near the same place, on the body of BENJAMIN
TREWEEKE, aged one year and eight months. In this case it appeared
that the father of the deceased was an intimate friend of the above
named JOHN MICHELL, and after he and his wife had put their children to
bed, and seen them asleep, they went out, leaving a candle lighted on
the table below stairs to see how the carpenter was getting on with
John Michell's coffin. During their absence, the deceased must have
crawled down stairs and taken up the candle and set his night clothes
on fire, for when they returned they found the room in darkness, and
the deceased lying at the bottom of the stairs burnt to death, with the
candlestick in his little hand. Verdict, "accidental death."
THE MURDER AT HOLKHAM-HALL - Henry Groom suffered death on Saturday
last on the top of the bridge fronting the Castle-gates. On Thursday
last his relatives visited him for the last time, when he wept bitterly
for many hours after. He had previously made full confession of his
guilt. By daybreak this morning the scaffold was erected on the top of
the bridge leading from the Castle-hill to the entrance gates of the
Castle - a most prominent position, overlooking nearly the whole of the
eastern portion of the city and the country round for miles. By twelve
o'clock the Castle-hill and all its approaches were crowded by a mob of
at least 10,000 persons. Women, decked out in holiday attire, formed a
large portion of the crowd. At a few minutes after twelve the
procession was seen emerging from the gates, consisting of two mutes
with black wands, followed by the under-sheriff, Mr. PINSON, the
governor of the prison, the chief turnkeys, the rev. chaplain, and the
unhappy culprit, supported by two warders. He appeared in a most
exhausted condition, and evidently suffered greatly. CALCRAFT and his
assistant, assisting him up the steps, placed him immediately under the
beam. In two minutes Calcraft completed his preliminaries, and, a
signal being given by the under-sheriff, the bolt was withdrawn, and
after a few struggles Groom ceased to move. His body is to be buried
in one of the passages in the Castle, alongside the remains of the
notorious RUSH, the perpetrator of the Stanfield-hall murders. As upon
the last occasion, a large black flag waved from the summit of the
Castle-gate.
A LAD CHARGED WITH MURDER - At the Home Circuit, JOHN PAYNE, eleven
years old, a lad of inoffensive appearance, was indicted for the wilful
murder of WILLIAM GIBSON, a lad about the same age, by stabbing him
with a knife. On the evening of the 14th of June the deceased had been
sent by his mother on an errand into the town of Horsham; as he was
going over the causeway near the church, he saw the prisoner sitting on
the ground, with one of his boots off, and in the act of sharpening a
penknife upon the stones. What actually occurred prior to any assault
having been committed, does not very clearly appear, but almost
immediately the deceased said to the prisoner -"You have done it
now-you have stabbed me," and began to cry. The prisoner upon this
said, "I have not hurt you, have I? Don't cry." Some persons then
came up, and the prisoner said that the deceased boy had struck him in
the face first before he touched him. The unfortunate deceased was
taken home, and an abscess subsequently formed in the liver, which had
been injured, and he died on the 25th of June. The jury found the
prisoner guilty of manslaughter, at the same time recommending him to
the merciful consideration of the court, on account of his tender age.
The judge said the sentence he should pass upon him was that of
transportation for ten years, the effect of which will be that the
prisoner will be removed to Parkhurst prison, where he will undergo
severe training. It was stated in the court that the prisoner had on
several occasions exhibited a savage disposition by stabbing animals
with his knife.
29 AUGUST 1851, Friday
THE ARMY - We understand the Mr. CORYTON KEMPE, eldest son of Capt.
Kempe, of Truro, has obtained his Lieutenancy in his regiment the 41st
Foot, now stationed in India.
POTATOES - Extraordinary Produce. Mr. GEORGE PAINE, Inspector of
Police, Truro, drew on Wednesday last, in his garden in the allotment
field at Richmond Hill, 8 1/2 lbs. weight of potatoes, the produce of
one potatoe. The potatoes are of a large size and good flavour, and
known as the "Farmer's Delight." They were first brought into Truro
about two years since, by Mr. MITCHINSON, seedsman.
CALIFORNIA - The following letter from a young man, a native of St.
Agnes, to his wife in the United States of America, may perhaps be of
some interest to our readers. "After a long and tedious journey, I
have at last got the pleasure of writing you from the land of gold. I
know that very melancholy accounts have reached the States, relative to
the Californian emigrants, which I am afraid have caused you a great
deal of uneasiness, therefore I only write you a brief and hasty letter
just to let you know that we are all well. JACK ANTHONY, NEEDHAM and
myself arrived in the mines on the 5th of September. I have got a
great deal to write, I believe enough to fill a newspaper, and I
scarcely know how to condense it in this small sheet so as to make it
interesting. I must give you a short account of how we got along,
since I wrote you last, which was at Fort Laramie. We left that place
on the 10th of June, crossed the Black hills all well, and went on to
Deer Creek, about one hundred miles from Laramie. There we were told
that the ferries above were so crowded that there was no chance for us
crossing the Platte river for a week, so we thought we had better build
a boat and put ourselves across; a few of our men swam across, the rest
of us set to work and in a little more than a day, we had a ferry boat
of our own, ready to cross the swift and once dreaded Platte, which at
this place is a quarter of a mile wide. By this time there were a
number of emigrants applying to us for a passage, who were so anxious
to get over, that they would pay almost anything for it, so we agreed
to stop a day or two and work our ferry-boat; we need not do anything
but take the passage money, as they would row their own wagons over and
pay besides. We got from three to four dollars per waggon, the first
day we earned one hundred dollars, I would not wish for a better
California than that, but notwithstanding, we sold our boat at a high
price, and pursued our journey. About twenty-six miles further up the
river than where we passed, one man by means of a rope ferry was fast
making his fortune, he made from five hundred to three thousand dollars
a day. After we left the Platte river we travelled sixty or seventy
miles under very great difficulties, as we had no water and very little
grass for our oxen until we reached Sweet Water River, but here we
found pretty good grass. We travelled up this river for four or five
days, till we came to the summit of the South Pass in the Rocky
Mountains, which a person scarcely perceives on account of its gradual
ascent. A day's drive from here brought us to the Salt Lake Road,
which route we took in preference to the one leading to the Forks of
Fort Hall. We generally had plenty of grass and water without going
out of the road. We reached the great city of Salt Lake on the 10th of
July. I should like to give you some description of it, but space will
not permit. We stayed here fifteen days recruiting ourselves and
teams, which was a great deal longer than we ought to have stopped.
One of Jack's oxen died a little before we got here which was a great
loss to us. On leaving the city of Salt Lake, we went on without any
accident until we reached the sink of Humboldt River; we travelled down
this disagreeable river for three hundred miles, to where it spreads
very wide and sinks in the earth. Here one of my oxen that I would not
have sold for one hundred dollars died after two hours' illness. From
the sink to Carson River, a distance of forty-five miles, it is a
complete desert; there being neither wood, water, nor grass, and some
part of the road very sandy, it is a trying place for teams; we started
on it, taking with us about fifty gallons of water and a considerable
quantity of grass, and our teams went through very fine. The
destruction of property on this desert is beyond my description. You
will scarcely believe me when I say that I do not think 250,000 dollars
will cover the loss of property on this forty-five miles; dead horses,
mules, oxen, wagons, harness, and all kinds of outfit, were strewed
over the place; the stench arising from so many dead cattle was almost
insufferable. The next day we struck Carson River - we found the
inhabitants here taking every advantage of the poor emigrants - they
charged two dollars per lb. for flour, one dollar and seventy-five
cents for a little pie, and everything else in proportion. I think
they were the greatest land-sharks that I ever saw. The next place of
note was the great Sierra Nevada - this is the highest mountain I ever
saw, the ascent is almost perpendicular, but the descent is not very
steep; we were on the south road, not the one we have read about, where
the traveller had to let down his waggon with ropes. I must now be
brief and finish with a short account of what I have seen in
California. This country is full of speculation. There is gold here
and in great abundance, but it is scattered over a large section of
country. Some are doing well, while others are not getting their
board; it costs a single man a dollar a day to live here on bacon and
flour. Pork is thirty dollars per 100lbs., and flour is twenty dollars
per cwt., and every eatable thing is very high. I have been digging
for gold, but for some days I did not get enough to pay for my board,
but I am doing a little better now; yesterday we got four ounces of the
prettiest gold I ever saw. Gold dust is current here, the same as
silver and gold in the States at sixteen dollars per ounce. I have
been in good health every since I left home, and I think it is a
tolerably healthy place here generally; but there has been a great deal
of sickness on the road this season, and thousands have died on the
way, and a great number that came here sick have died since their
arrival. I am, your affectionate husband, EDWARD DALE:- Weber Creek,
California, September 25th, 1850.
TRURO POLICE - On Monday last, JOHN CHARLES PASCOE was fined 10s. and
11s. costs, for assaulting JAMES SAMPSON in Pydar-street, on the 19th
instant. JOHN PASCOE was fined 10s. and 11s. costs, for assaulting
GEORGE HEARN at the same time, whereby the latter sustained a loss of
three teeth. In default of immediate payment they were ordered to be
committed to the house of correction for fourteen days each.
WILLIAM OSBORN was fined 2s. 6d. and 11s costs, for assaulting
ELIZABETH DUNSTAN on the 18th instant. This complainant also preferred
informations against Osborne's wife and mother-in-law for assaults, but
as proof was wanting, the charges were dismissed, with 16s. costs.
FALMOUTH POLICE - On Tuesday last, ELLEN DE FREIZE was brought before
Mr. R. R. BROAD, borough magistrate, on a charge of having robbed
NICHOLAS WELCH, a butcher, of Mylor, of a bag containing six pounds,
the bag was taken from her with some of the money. She was committed
for trial at the next borough Sessions.
FALMOUTH TOWN HALL - On Friday last, before Mr. BROAD and Mr.
CORNISH, justices, the master of the brig "Ruby," of London, appeared
to answer a charge preferred by one of his seamen, for not allowing him
to quit the ship, although he had a medical certificate to show he was
unable to perform his duty. The captain stated that he refused to
discharge him until he had orders to proceed to sea. He had several
days to remain in port, and the man might be well from the scurvy by
that time. The magistrates allowed the case to stand over; directing
the man to be discharged if he was not better on the vessel's orders
arriving.
EAST KIRRIER PETTY SESSIONS - At the Petty Sessions held at Selley's
hotel, Falmouth, on the 21st inst., the Magistrates suspended the
licence of Mr. PETER SHARP, of Falmouth parish, and of MARY TRURO and
JOHN HARRIS, of the parish of Mylor; and renewed all the other licences
in the East division of Kirrier. They refused to licence a house
applied for by Mr. ROOKE, at Perran foundry.
EAST DIVISION OF PENWITH - The General Annual Licensing Meeting for
licensing the inns, ale houses, and victualling houses, situate in this
division, was held at Camborne on Tuesday last. The magistrates
present were Mr. PENDARVES, M.P., Mr. MAGOR, the Rev. URIAH TONKIN, and
the Rev. THOMAS PASCOE. There were several complaints against
publicans for offences against the tenor of their licences, but most of
these were dismissed in consequence of not being substantiated.
Amongst the parties thus complained against, were Mr. BECKERLEG,
innkeeper, of Lelant, who was charged with having kept his house open
during the hours of divine service on the 3rd and 17th inst. The
evidence of one of the constables of the parish, in reference to the
alleged offence on the 3rd instant, was to the effect, that during the
hours of divine service, in the afternoon of that day, he entered Mr.
Beckerleg's house and found many persons there, but none of them
appeared to be drinking anything. On behalf of the defendant it was
shewn that on the day in question a Primitive Methodist meeting had
been held in a field at Lelant, and that the parties seen by the
constable in the defendant's house were some of those who had come from
a distance to attend the meeting, and had entered the defendant's house
for the purpose of taking some refreshment. This evidence was, in some
measure, borne out by the constable's statement that the parties in the
house were strangers to him. It was also proved that Mr. Beckerleg had
been solicited to draw liquor, but had refused to do so. Mr. Pascoe
addressed the magistrates for the defendant, and the magistrates being
divided in opinion the complaint was dismissed. The complaint against
Mr. Beckerleg for the offence on the 17th was withdrawn.
BARZILLAI JOHNS, CHARLES RUSSELL, and THOMAS RICHARDS, of St. Hilary
were summoned on a charge of having on the 28th of July last committed
a breach of the peace and obstructed ABRAHAM GEORGE, one of the
constables of that parish, in the execution of his duty. The latter
charge concerned the defendant Richards only. It appeared from the
evidence that on the day in question the defendants, and another party,
consisting of two men named KESKEYS, and two others called respectively
ODGERS and TYACKE, met at the house of Mr. JAMES COURTIS, innkeeper, at
Relubbus, challenges ensued between them, and a general fight followed.
In the melee, the defendant, Richards, struck Miss Courtis and
prevented the constable striking the defendant, JOHNS, with his staff,
and threatened to knock him down if he used it. The three defendants
were the only parties summoned by Mr. Courtis, but as it did not appear
that Johns and Russell commenced the quarrel the magistrates dismissed
the charges against them. The defendant Richards was fined GBP5 and
the expenses.
PEARCE and wife against WHERRY and MOFFATT. The complainants charged
the defendants with having assaulted them on the 6th instant. The
defendants live near Roseworthy. The evidence shewed that the
defendants, on the day in question, had been to see the wrestling at
Hayle. On the way to their homes in the evening they called at the
public-house kept by the complainants, on Connor Downs, known as the
"New Found Out." There were many others in the house drinking. By
some means a glass was knocked over the table and broken, and it
appeared that Mrs. Pearce, believing the defendants guilty of the act,
endeavoured to take their jug of beer from them. In this, however, she
was prevented by the defendant Wherry. In the struggle the jug was
broken, when Mrs. Pearce threw the portion held by her at Wherry,
following it up by throwing a glass at his head, and repeatedly
attempting to strike him with a tea-tray; she was then joined by her
husband, when the defendant struck both the complainants, but not until
he had received a blow from the landlord. It did not appear that the
defendant Moffatt committed any assault. The case was dismissed. The
magistrates were occupied until a late hour in the afternoon, but most
of the cases which came before them, were interesting only to the
parties concerned.
COMMITTAL FOR SETTING CORN ON FIRE - On Thursday the 21st instant,
about six o'clock in the evening, whilst a boy in the employ of Mr.
RICHARD WILLCOCKS, of Trevarner, in Egloshayle, was passing through the
mowhay from his master's dwelling-house towards a field where the
harvest people were engaged, he discovered that the large wheaten mow
was on fire. Alarm was at once given, and within a very short time a
considerable number of persons had assembled on the spot, and every
effort was made to extinguish the fire, but this was found to be
impossible, as the flames spread so rapidly. The fire soon
communicated to the barn, which was immediately contiguous, and within
a very short period both corn and barn were in a complete blaze. There
being a water machine attached to the barn, pretty much water had
accumulated in the machine pool; part of it was turned over the wheel,
which kept the wheel from burning, whilst the rest was used in
endeavouring to stay the flames. The most praiseworthy exertions were
made by the people assembled, and after considerable labour and
incessant plying of water the fire in the barn was subdued, not
however, until the entire roof, and most of the wood work of the
building and machine were consumed. Whilst some of the people
assembled were employed in extinguishing the fire in the barn, others
endeavoured to save as much as they could of the wheat which was not
already in flames; but their efforts were of little avail, - a very
small portion could be preserved, the heat from the burning mass being
so intense as to prevent a near approach to the mows. The efforts of
the people were now directed to keeping the fire from spreading
further. There being a large stack of hay in the mowhay not far from
the mows on fire, and at the end of which was a thatched house which
almost adjoined the dwelling house, the probability was that if the hay
had taken fire, it would have spread to the building; but fortunately
through the means adopted, and the wind also being in favourable
direction, the fire was confined to the corn, the whole of which, with
the exception of the trifling quantity saved, was entirely consumed.
None of the property destroyed was insured, and the loss which Mr.
Willcocks will sustain is estimated at upwards of GBP200. Mr.
Willcocks having finished carrying his wheat in fine order the day
before the fire occurred, and there being no probable cause that could
be assigned to lead him to suppose that the fire had originated through
accident, an inquiry was instituted the following morning, which led to
a hearing before Mr. STEPHENS, of Trewornan, on Saturday, and after the
examination of several witnesses, sufficient evidence was adduced to
satisfy the magistrate that a case of suspicion had been made out
against the boy (called CRADDOCK, about ten years of age) who first
gave information of the fire, and he was accordingly committed to take
his trial for the offence. The boy has since been admitted to bail.
COMMITTAL - On the 21st instant, THOMAS HAMBLYN, labourer, was
committed by Mr. ENYS and Mr. PELLEWE, for trial at the ensuing
sessions, for stealing a chimney ornament the property of Mr. COUCH,
the keeper of a beer shop near the Quay, in the parish of Falmouth.
There were four others implicated, but no evidence was adduced against
them. They were a party of youths who landed and went in for a pot of
beer, and took the ornament worth about one penny, for a lark.
MELANCHOLY AND DISTRESSING OCCURRENCE - At Boscastle, on Monday
morning last, great sensation was occasioned by a report that a young
lady had been drowned in the harbour. The facts of the painful case
are as follows:- It appeared that the deceased, Miss MARY ELIZABETH
HARRIS, a young lady, aged 22 years, had come from London, on a visit
to her uncle, the Rev. J. KIRKNESS, of Forrabury. On Monday, about
twelve o'clock, she went out with another lady named MANN, for the
purpose of bathing. She undressed herself on the rocks, put on her
bathing dress, and went into the sea. She was advised to be careful,
as there was a great ground sea. Miss Mann who was looking on, saw her
as she thought slip her foot from a rock, and a wave coming in carried
her off. Miss Mann could render her no assistance, and not seeing any
one near she ran into the town, and it was some time before assistance
could be had. However, a vessel going out, the crew saw her floating,
lowered a boat, picked her up, and brought her on shore. Mr. EMELING,
surgeon, was soon on the spot, and the usual remedies to restore
animation were resorted to, but the vital spark had fled. An inquest
has been held on the body before Mr. HAMLEY, county coroner, and a
verdict returned, "accidentally drowned."
CORONERS' INQUESTS - The following inquest has been held before Mr.
HAMLEY, county coroner:- At St. Teath, on the 22nd inst., on JOHN
EYRES. He was a labourer, and was mowing barley with some other men at
Mr. MAY's, Suffenton. He had never complained during the day, but just
as he was about to leave work, he fell with his scythe in his hand, and
on being taken up was found to be quite dead. Verdict, "visitation of
God."
On Friday last, an inquest was held at Mylor Bridge, in the parish of
Mylor, before Mr. CARLYON, county coroner, on the body of WILLIAM
SYMONS, aged eight years, son of Mr. JOHN SYMONS of that place,
butcher, who was drowned the preceding Wednesday evening, whilst
bathing in Mylor Creek. Verdict, "accidentally drowned."
On the same day, at Mitchell, in the parish of Newlyn, on the body of
JOHANNA NANCARROW, widow, aged eighty-three years. The deceased had
been drinking tea at a relation's the previous Wednesday evening, and
on her way home through East Wheal Rose mine, she was joined by her
grandson, and another person called JOHN GATLEY, who were returning
from their work. She was then walking quite strong and apparently in
her usual health, and they all walked on together; but in the course of
a few minutes the deceased was taken suddenly ill, and fell to the
ground in an insensible state. Her companions removed her to the side
of the road, and her grandson then went to a farmer in the immediate
neighbourhood and procured a cart for her, into which she was placed
and carried home, but she died on the road. Verdict, "visitation of
God."
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