cornwall england newspaper
1851 NEWS
DECEMBER
5 DECEMBER 1851, Friday
APPOINTMENT OF CAPTAIN DAVIES, R. N. - We understand that Captain
Davies, R.N., late inspecting commander of the coast guard, Penzance,
has just received the appointment of chief constable of the
Cambridgeshire rural police. The appointment took place at an
adjourned county sessions held a few days ago for the purpose, when
Captain Davies was proposed by the Earl of Hardwicke, and seconded by
Mr. ALEXANDER COTTON. There were, we understand, thirty-five
candidates for the appointment; which is one of considerable
responsibility, and of a lucrative character.
ARBITRATION - ELLIOTT v. ROBERTS - In this case Mr. W. ELLIOTT of
March, in the parish of Landulph, was the plaintiff, and Mr. R. ROBERTS
also of Landulph, the defendant. The estates of those two gentlemen
are immediately adjoining each other, and the principal subject in
dispute is the right to a watercourse which passes through the
defendant's land and enters that of the plaintiff. The case was to
have been heard at the assizes, but by the consent of both parties was
referred to the arbitration of Messrs. B. SNELL, (Wayton), W. SNELL,
(Ashton), and J. WIDDICOMBE, (Ugborough), and those gentlemen fixed
Friday last for hearing the evidence and examining the locus in quo.
Mr. W. LAVERS was engaged as attorney for Mr. Elliott, and Mr. JOHN
BEER on behalf of Mr. Roberts. Mr. Lavers in consequence of sudden
illness on Thursday night, was unable to attend or procure a
substitute. Mr. Beer, however, as well as the witnesses on both sides
were in attendance. After some discussion between Mr. Elliott and Mr.
Roberts, they agreed to go into the case before the arbitrators without
an attorney on either side, so that neither party might be in that
respect in a more advantageous position than the other, and the parties
accordingly adjourned, after inspecting the premises in dispute, to the
inn, kept by Mr. PRIDEAUX, at Cargreen for that purpose, but a
misunderstanding arising as to the arrangement which had been made -
Mr. Elliott believing that it was not intended he should be compelled
to examine the witnesses himself - which he said, his age and slight
knowledge of the matter would prevent his doing - but that his son, Mr.
EUSTACE ELLIOTT, would be permitted to do it for him; Mr. Roberts on
the contrary expressing his belief that the principals alone in the
absence of professional assistance on either side should be allowed to
act as advocates, the hearing was postponed until Monday the 22nd of
December instant, to enable both parties to be professionally assisted.
By arrangement between Mr. Elliott and Mr. Roberts, a dinner was
provided for the arbitrators, witnesses, &c., of which about
twenty-five partook, Lieut. E. Elliott, in the absence of Mr. W.
Elliott, his father, occupied the chair, and Mr. R. Roberts, the
vice-chair. The dinner was served up in very good style by Mr. and
Mrs. Prideaux. Shortly after the removal of the cloth, Mr. Elliott,
sen., made his appearance, and all appeared unanimous in a desire to
make the evening one of conviviality and harmony.
COURT OF BANKRUPTCY - On Thursday, JOHN LUSCOMBE, miller, Higher
Salter Mill, Landulph, came up for his last examination at the
Bankruptcy Court, Plymouth. Some bill transactions were referred to,
and his Honor said he saw no reason why he should not pass his last
examination. His certificate is to be filed on December 18th.
ST AUSTELL PETTY SESSIONS - These sessions took place in the
Town-Hall, St. Austell, on Tuesday last, when there was only three
cases for trial. JOHN VERRAN, and SAMUEL CUNDY, of St. Stephens, were
charged by the police with leaving their wagons in the road. Cundy's
being the first offence, he was fined 1s. and costs; and Verran was
fined 5s. and costs. JOHN STEPHENS, of Mouth Charles, was charged by
Mr. C. B. G. SAWLE, with riding on the shafts of his waggon, and was
fined 10s. and costs.
TRURO POLICE - On Thursday evening, the 27th ult., JANE CHYNOWETH, an
inmate of the Probus workhouse, was seen by another inmate to go into
the bedroom of Mr. NICHOLLS, the master of the house. She asked her on
her return what she had been doing in the bed-room to which Chynoweth
made no reply. On the following morning she absconded from the house,
and the circumstance of her having been in the bed-room being spoken
of, Mr. Nicholls went to examine, and on searching found that three
sovereigns had been taken from a box in the room. He went in pursuit
of her to Truro, and gave information at the police station, and with
the assistance of police constable HARE she was found at Mrs. PASCOE's
second-hand clothes shop in Kenwyn-street, where for a sovereign she
had purchased a complete suit of clothes for herself. The policeman
took possession of the clothes, and had the sovereign returned to him
by Mrs. Pascoe, and on asking the prisoner what she had done with the
rest of the money she took from her pocket two sovereigns. On Friday
last she was charged with the robbery before the Mayor, and was
committed for trial at the next quarter sessions.
ST. AUSTELL POLICE - On Saturday last, ELLEN CUNDY and MARY ANN
TREMAIN, were charged, before Mr. E. COODE, jun., with stealing 9s.
from a corporal of the Scotch Fusilier Guards, engaged in recruiting at
St. Austell. The charge being fully proved, they were committed for
trial at the ensuing sessions.
CORONERS' INQUESTS - The following inquest was held on Tuesday last,
at Newquay, before Mr. JOHN CARLYON, county coroner, on the body of
Mrs. LLEWELLYN, THE WIFE OF Mr. DAVID LLEWELLYN, chief boatman in the
Preventive Service, at Newquay, who dropped down and died in a most
sudden and unexpected manner on Monday last. Verdict apoplexy.
The following inquests have been held before Mr. GILBERT HAMLEY, deputy
county coroner:- On the 26th ult., at St. Austell, on view of the body
of FRANCIS GEACH, a child six months old, who was found dead in bed.
It appeared that deceased went to bed with his mother about eight
o'clock on the previous evening apparently well; it sucked several
times during the night, but at five in the morning, the mother awaking,
found the child dead. A woman, called BARRETT, who occupied the
adjoining room, stated that she had heard the child cry in the night,
and that the mother suckled it, and it went to sleep again. The mother
called her as soon as she found the child was dead. One of the jury
would not, for a long time, consent to come to a verdict unless the
body was examined by a medical man, but the coroner and the rest of the
jury did not think it necessary to put the county to that expense. The
witnesses who had been examined not having varied in their statements,
and there being no external marks on the body, eventually a verdict of
"found dead" was returned. It transpired at the inquest that no less
than fifteen men, women, and children slept in the room in which the
child died, and the adjoining one. On the following day at Quethiock,
on the body of ELIZABETH RICKARD, who came down stairs on the preceding
morning about ten o'clock, complaining of great difficulty in
breathing. She sat down near the fire and took up the bellows to blow
the fire, when she fell back and died instantly. The poor woman had
been subject to asthma for some time. Verdict, "visitation of God."
EXTRACT FROM THE HOME COMPANION - A Weekly Magazine of the amusing and
the useful; - At the present time when the discoveries of gold in
California and Australia are exciting so much attention, the above
"Notes on the gold districts" will doubtless be read with great
interest. Considering the size of the work, which is printed in a
pamphlet form, a great amount of information is condensed into it,
relative to the gold regions of California, New Holland, Russia,
Virginia, and South America; and the localities of the gold deposits
are shown on Maps, whereon the auriferous districts in the countries of
the world where they occur, are coloured yellow. It appears from the
information given, that in California mining for gold is expected to be
more productive than it has been in any other part of the world, as
many of the quartz veins in that country are found to be rich in the
metal.
The geological formation of the country belongs to the primary series,
and the chief rocks are granite and quartz. In so far the resemblance
in general between California and the other gold-yielding countries is
complete; but whereas, in most other cases gold mining is unproductive,
the veins when found, however widely spread about, and however much
they may hold as a whole, being unproductive for working in detail,
yet, in California the rocks are ascertained to be a fertile source of
metal. It is peculiar to California, that the process of
quartz-crushing has been introduced and carried out on a large scale;
and it has this advantage, that as it requires large and expensive
machinery, capitalists can take part in it, though the limit of their
profits is necessarily the tribute or portion at which the miner will
supply the quartz rock, unless as in the case of the great companies,
the quartz belong to the proprietors, when the profits made are
enormous, and almost beyond belief. The success of these quartz
operations has turned the attention of gold-finders in another
direction, and now, where gold-stream works are discovered, researches
are likewise made for gold-bearing rocks in the neighbourhood. Some of
the chief quartz workings are in Nevada and Mariposa counties, but the
best known are on the rancho or large estate bought by Colonel FREMONT
from Alvarado, the Mexican governor. They are those of Mariposa, Agua
Fria, Nonveau Monde, West Mariposa, and Ave Maria; the first leased by
an American company, the third by a French, and the others by English
companies. Some of the quartz has been assayed for GBP7,000 in the ton
of rock. A Mariposa specimen was in the Great Exhibition.
The Agua Fria mine, the lease of which was granted by the Hon. Colonel
Fremont to Messrs. PALMER, COOK, and CO., bankers, of San Francisco, is
held by an English Company. This property is situated on the small
river of that name, which is a branch of the Mariposa, and is about
eighty-five miles from the city of Stockton, to which place vessels of
400 tons can navigate, and between which and San Francisco there is
almost daily communication by steam-packets. This mine was surveyed and
examined by Captain W. A. JACKSON, the well known engineer, of
Virginia, U.S., in October last, for which purpose openings were made
by a cross-cut, of sufficient depth to test the size of the vein and
richness of the ore. The vein appears to be of nearly uniform
thickness of from three and a half to four and a half feet, and its
direction a few points to the north of east, the inclination of the
vein being about forty-five degrees. Of the ore, some specimens were
transmitted to the United States Mint in January 1851, and the report
of the assays then made showed that 277 lbs. of ore produced 353ozs.[?]
gold, value 3,222 dollars, or upwards of GBP650 sterling. In the month
of May, a quantity of the quartz was brought over to this country and
submitted to the inspection of the Governor of the Bank of England,
under whose orders it was assayed at the Bullion Office; and the result
was that the different specimens, which were of three classes, and
weighed in the aggregate 24 lbs. 2 oz. 2 dwts., yielded gold to the
value of GBP272. 2s. 7d. A further assay was made of a quantity of the
quartz from the Agua Fria mine so recently as September, 1851, by
Messrs. JOHNSON and MATTBEY, of Hatton Garden, which their certificate
shows to have been of specimens of the quartz "selected as being below
the average richness of the whole mass," was this a weight of rock of
5lbs. 4oz. 18 dwts., yielded 4[...?] 4 oz. 12 dwts. Of gold, or a value
of GBP63. 1s. 10d., less the expenses of separation.
STEAM COMMUNICATION BETWEEN ENGLAND, INDIA AND AUSTRALIA - A
government advertisement for tenders for conveying mails between
Singapore and Australia every alternate month, has appeared in the
London papers. The difficulties which the Australian colonists will
have to encounter, the sudden changes which will arise in their
circumstances, and the fluctuations which will take place in their
markets owing to the gold discoveries in New South Wales and the
consequent influx of population, will render a rapid communication
between England and Australia more than ever necessary. It is most
important to notice that the government had decided on the southern
route to Australia from Singapore. A mail route through Torres Straits
will, therefore, not be adopted; and the whole of South-Western and
Southern Australia will be materially benefited by this arrangement.
According to the terms of the advertisement the parties tendering to
convey the mails between Singapore and Australia must also undertake to
establish a fortnightly communication between this country and the
Mediterranean, India, and China. It appears, then, that at length the
highly important scheme of an overland communication with India and
China twice a month is about to be established. It will be seen that
this mail scheme contemplated by the government is almost identical
with the one which the Peninsular and Oriental Company offered some
time since to carry out without any expense to the country, and which
they were prevented from doing by the East India Company insisting on
conveying in their own ships the Bombay mails. As Bombay is not
mentioned in the advertisement, it would appear that the East India
Company have not given way to the government on the Bombay mail
question. Of course when the fortnightly communication with India and
China is established the East India Company's line of mail steamers on
the Red Sea will no longer be necessary, and the government mail
steamers between Malta and Alexandria will be removed. To carry out
the mail scheme contemplated in the advertisement, viz., a fortnightly
communication with India and China and a communication every other
month with Australia, will require a fleet of twenty steamers of the
largest class.
12 DECEMBER 1851, Friday
POSTAL ARRANGEMENTS - A requisition having been numerously and very
respectably signed by the inhabitants of Camelford, Boscastle, and its
vicinity, addressed to the Rev. ROGER BIRD, mayor of Camelford, a
public meeting was held in the Town-hall, on Friday the 5rh instant,
for the purpose of memorialising the Post-Master-General, to alter the
present badly conducted and inconvenient postal arrangements for the
northern part of the county. A very spirited memorial was adopted,
with a request that the mayor sign it on behalf of the meeting, and
forward it to the Postmaster-General.
BODMIN - A Chase - On Friday last, an officer from London, and Mr.
TAPSON, a sheriff's officer from Launceston, arrived at Bodmin in
charge of a debtor whom they had arrested at Probus. They put him into
the Garland Ox Inn for the purpose of getting some breakfast; and,
while there, the debtor asked for a sheet of paper to write a letter.
The three were then sitting at a table near the window; but the debtor,
saying he found the light too strong, retired to another table near the
door, and in a minute, seeing the officers in close conversation,
darted out, shut the door after him, and rushed into the street. The
officers, both somewhat elderly men, immediately gave chase,
accompanied by all who happened to be in the inn crying "Stop thief!
Catch him! Hold Him!" at the top of their voices, and to the immense
delight of the whole neighbourhood. Nobody, however, for some time did
stop him; but, on the contrary, those who happened to be in his way,
immediately got out of it, - some looking on in great glee, others in
blank amazement, - and horses were being caparisoned in order to
follow, when just as he was gaining the open country, he was seized by
a man called JAGO, and the hand cuffs having been put on him, was
conveyed to prison.
Mrs. KELYNACK - A spirited and life-like lithographic print of this
old Cornish fisherwoman has been executed by Brandard, and published by
Colnaghi, of London.
MARAZION - A school-room for boys, with a master's dwelling house,
built at the sole expense of lady MARY COLE, as a memorial of her
husband, Sir CHRISTOPHER COLE, R.N., K.C.B., has lately been opened for
the instruction of the boys of this town, of which Sir Christopher Cole
was a native. The school room is thirty-six feet long by eighteen
wide, and accommodates 100 scholars; class room twelve feet by twelve;
kitchen twelve feet by twelve; with wash house, three bedrooms, court
yard and other offices. The walls are built of elvin, in random
courses with granite dressings. The cost has been about GBP800. The
builders were Messrs. MAY, of Devonport; and the architect Mr. J. P.
ST. AUBYN, of London.
BITE OF A RATTLESNAKE - A correspondent sends us the following
extract from a letter he has received from Mexico:- "A Cornish
gentleman by the name of HOCKIN, who has been for many years director
of the Zacatecas Mint in Mexico, and is fond of shooting, whilst out
the other day with his gun, was bitten by a Rattlesnake, the result of
which is certain death, if a remedy be not instantly applied. Hockin,
in the absence of medical aid, heroically cut the wounded part out with
a knife, and filled the hole, in the left, three times with gunpowder,
blowing it off each time, and I understand it saved his life.
SHEEP STEALING - Early on Sunday morning last, some person entered a
field belonging to Mr. RICHARD EDMONDS, Treswithan, near Camborne, and
stole a fat sheep. It is evident the sheep was killed in the field,
traces of blood having been discovered.
FOWL STEALING - On Saturday night last, upwards of thirty fowls were
stolen from the premises of Mr. ROWE, of Cargoll farm, in Newlyn east.
Suspicion fell upon a lander and a carpenter employed at East Wheal
Rose mine. The house of one of those parties was searched, and a
number of dead fowls, fowl pasties &c., were found. They were
afterwards both apprehended for the offence.
ACCIDENTS - About ten days since, the brig "Eagle," MABLEY master,
from Quebec, was discharging her cargo at Padstow, when the wrench gave
way, and a young man named Mabley, was considerably injured; another
called OLIVER, had three fingers cut off, his collar bone put out, and
three ribs broken, but they are now in a way of recovery.
GUN ACCIDENT - To the shop of Mr. SEARLE, blacksmith, Fowey, a
fowling-piece was brought for repair, and having snapped it and tried
the barrel, the ramrod being beneath the muzzle, it was considered free
from charge. The touchhole being pricked and a cap put on, the gun was
snapped. JAGO, Mr. Searle's journeyman, held his hand a short distance
from the muzzle to feel the force of the wind from the cap, but
unfortunately the load, which had not been discovered, (the touchhole
being foul and the ramrod short,) exploded, and shot off the fore and
middle fingers, besides shattering his right hand.
CORONERS' INQUESTS - The following inquests have been held before Mr.
JOHN CARLYON county coroner, during the past week. - On Friday last,
at Rail Stamps, in the parish of Illogan, on the body of DOROTHY
HARRIS, a child six years old, who accidentally caught her clothes on
fire on the previous Wednesday, and was so dreadfully burnt that before
her elder sister, who was present, could extinguish the flames that she
died the following day. Verdict, "accidental death."
On Saturday last, at Lanner, in the parish of Gwennap, on the body of
the male infant child of JOSEPH COLLINS, found dead in bed on its
mother's arm. Verdict, "visitation of God."
The following inquests have been held before Mr. HICHENS, county
coroner:- On the 4th inst., at Camborne, on the body of WILLIAM
WEBSTER, aged 32 years, who being a labourer in Stray Park Mine, in
that parish, was on the preceding day at the 96-fathoms level in the
engine shaft, standing on a plank across the shaft, and about to drive
some nails into a piece of timber there, when the plank on which he
stood slipped, and he fell from that level to the 170 fathoms, and
received such injury to his head as to cause immediate death. Verdict,
"accidental death."
On Monday last, in the parish of Buryan, on the body of ANN MADDERN,
the younger, aged 36 years. The deceased lived with her parents, and
attended to the household affairs, and occasionally assisted in the
outdoor work on her father's farm. She was a strong, robust person, but
subject to fits, which would render her helpless without a moment's
warning. On Saturday last, having taken her breakfast, she left the
house without saying where she was going, and being absent longer than
her mother thought she has occasion to be, she went to seek for her and
supposing that she might have gone to the turf-rick for fuel she went
round the dwelling-house in that direction, and at the back of the
house she found her lying by the side of a mud pool, with her head in
the pool and her mouth and face under water. Her mother pulled her
out, but she was dead, and though means were used to endeavour to
resuscitate her, they were without effect. Verdict, "accidental death."
The following inquest has been held before Mr. GILBERT HAMLEY, deputy
coroner:- On the 9th inst., in the parish of St. Austell, on the
bodies of WILLIAM and ELIZABETH WELLINGTON, two children who died after
a few hours illness. Both having been fine healthy children, and there
being a rumour that the children had died from poison, the coroner
issued a warrant to Mr. VAWDREY, surgeon to make a post mortem
examination of one of the bodies. It appeared that both children had
complained of violent pain in the head, and vomited a good deal. Mr.
Vawdrey stated that the children had been suffering from the prevailing
epidemic - that fever had set in with considerable violence. There was
an absence of everything in the stomach that could be an indication
that anything improper had been taken. There was no poisonous
substance, nor the slightest evidence that any had been there. Judging
from the symptoms stated by the father, the other child died from the
same cause. The jury in each case returned a verdict of "death from
natural causes;" and, in consequence of some reports in the
neighbourhood, appended to their verdict, that they were satisfied that
nothing improper had been taken in the stomach. The jury after the
inquest told Mr. GELDARD, chemist, at St. Austell, that they thought he
had acted very properly in doing his utmost to advise the father at
once to call in the assistance of a medical man.
COURT OF EXCHEQUER - Friday December 5. - ISAAC v. WYLD - This was
a motion for a writ of prohibition to the judge of the County Court of
Cornwall. The action had been brought for GBP50, but it appeared that
the total debt was GBP96. By the County Courts Acts a suitor may not
divide his claim in order to bring it within the jurisdiction of the
court; but in case his claim shall amount to more than GBP50 he can
only sue for that sum, and the judgment of the court is a full
discharge for the whole debt. The question, however, had arisen as to
at what stage of the proceedings the disclaimer of the excess must be
given? In the present case it had been given during the trial, and a
minute of it had been entered upon the books of the court. Mr. BARON
PARKE said that undoubtedly the fairest way would be that the
plaintiff's abandonment of the excess over the GBP50 should appear on
the face of the summons or particulars, in order that the defendant
might, if he thought fit, at once acquiesce in the demand, and not to
put to the expense of contesting it. The language of 63rd section,
however, contained no express provision on the subject; and the court,
therefore, thought the rule must be discharged; but it would certainly
be better if the County Court judges, under the powers of the Act 12
and 13 Vic., chap. 101, would make a rule requiring the abandonment to
be entered on the face of the summons. Rule discharged.
EXETER DISTRICT COURT OF BANKRUPTCY - Thursday December 4. - Re
ROBERT ALLEN of Falmouth and Truro. This was a meeting for the choice
of Assignees. The bankrupt was a partner with his brother in a brewery
and wine business at Falmouth, about the end of the year 1850, the
bankrupt took cellars at Truro, and commenced business as a wine,
spirit, beer and porter merchant, going there frequently by day to
superintend its management, and generally returning to Falmouth in the
evening. It, however, sometimes happened that he remained at Truro
over night, when he slept at the Red Lion Hotel, kept by Mr. JOHN
LENDERYOU. In the early part of April last, enough occurred to induce
Mr. Lenderyou, to commence an action against the bankrupt for crim.
Con. With his wife, soon after which the partnership with his brother
was dissolved. The action was tried at Bodmin, in August last, and the
jury gave Mr. Lenderyou and verdict with GBP350 damages. The bankrupt
some weeks prior to this discontinued his business at Truro,
transferred his stock to his brother, and paid off all his trade debts,
except GBP50 or GBP60. Messrs. BIAS and BARCLAY, of London, whose debt
of GBP50 would not, in the course of trade, be due until February or
March next, sued out this fiat, and Mr. Allen now availed himself of
his protection to defeat the judgment obtained against him by Mr.
Lenderyou, for whom Mr. STOGDON appeared to oppose, and he subjected
the bankrupt to a very rigid examination. In reply to these questions,
the bankrupt said :- He carried on business in partnership with his
brother George at Falmouth, from October or November 1843, until last
June, when the approaching trial at Bodmin was one of the reasons for
the dissolution. George undertook to pay all the debts. The
partnership was insolvent by about GBP700, and in consideration of a
balance owning to him George undertook his share of that loss. The
balance George owed him was about GBP200, being the amount of money
[less?] drawn out of the concern than George had. His brother was very
competent to conduct the business, but was sometimes poorly; when not
ill, he regularly attended the counting house and kept the books.
Stock was taken in January, 1850, and the balance against the firm was
then GBP300 or GBP400. About the end of 1850 he (bankrupt) determined
to start a business at Truro, which was ten miles from Falmouth; took
no house there, but went over in the morning and back in the evening
sleeping there occasionally. Some of the stock of G. and R. ALLEN was
sent over to Truro, to open the business with; the business at Truro
was his own; he had GBP400 lent him by a friend in London, a Mr.
CHASSEREAU; first GBP195 on an acceptance, which Mr. Chassereau's son
drew by mistake upon the firm of G. and R. ALLEN, and then GBP200, for
which he drew on Mr. Chassereau himself. He signed the GBP195 bill, G.
and R. Allen because it was so drawn. All the money went into the
bank. The business at Truro was shut up in April last, and the stock
was removed to his brother's cellars at Falmouth, some in April, some
in May, and the last of it in July. The spirit stock was removed in
July, an account of which had been entered in the waste book. As to
his present position, he was at his brother's mercy; he was George's
servant, selling George's goods; they became his goods in July; they
were put to his debit, and he remitted sums on his (Bankrupt's)
account. His brother advised Chassereau's acceptance. Had drawn
cheques since the dissolution, as his brother's agent. His debts,
which had been paid off, had been paid by him under his own hand.
After the dissolution there was an alteration in the banking account.
Signed cheques by procuration after that. In addition to GBP254, other
sums, amounting to GBP200 or GBP300, were paid into his brother's cash
box, and by him paid away to creditors. Generally rode over to Truro
and back on horseback. Stayed there all night sometimes at the Red
Lion Hotel, kept by Mr. Lenderyou. In April some unpleasantness
occurred, and Mr. Lenderyou commenced an action, which was tried at
Bodmin in August and a verdict, with GBP350 damages, and costs, was
given against the bankrupt. The costs amounted to GBP215, for which he
had been held to bail. Had sworn positively that he had never had at
any time, criminal intercourse with MARY ANN LENDERYOU and adhered to
that affidavit now. Might have written the advice for Mr. Chassereau's
bill in September and his brother taken it to the bank. Now owed
GBP1,200 and estimated his assets at GBP50 or GBP60. The debt of
Messrs. BIAS and BARCLAY was for wine. The only other trade debt was
STEPHEN GREEN GBP33. 6s. 9d. for jars. Chassereau and the other
creditors were paid by his brother at his (bankrupt's) request. Went
to London in October and requested Bias and Barclay to make him a
bankrupt. Was aware that no steps could be taken by Mr. Lenderyou on
the verdict he had obtained, until November. No creditor was pressing
him, except the plaintiff in the action. Bottles, jars, stock, and
everything were transferred to George Allen at Falmouth. Green's
account for the jars was not yet sent in. His mother was a creditor
for GBP398 on a bond, which he gave her, on entering the brewery,
because she was liable to pay an annuity of GBP40 to the widow of his
brother William, who had previously been in partnership with George.
The trade debts were only GBP50 or GBP60. Three-fourths of the goods
had of Bias and Barclay were transferred to his brother. His mother
lived in Falmouth and his wife and children lived with her; she kept
house and he paid her for their board.
Mr. Stogdon submitted that his Honor ought to refuse the bankrupt any
further protection. If he had been in custody under Mr. Lenderyou's
judgment his Honor would have had no power to release him; because
among the excepted offences of the 112th section, was the identical
offence of which he had been convicted by the verdict of a jury. There
was no estate; the whole was a dishonest proceeding; it was a mere
cloak, a sham to avoid the penalties which the law wisely imposed on
men, who, like the bankrupt, trifled with the feelings of others, and
he hoped his Honor would withdraw protection from a person who ought
not any longer to enjoy liberty. His Honor thought the way in which
the matter ought to come before him, was by a petition from the
creditor to annul the fiat. He would grant protection until Friday,
when his Honor stated that (without hearing Mr. G. W. TURNER, the
bankrupt's advocate) he was of opinion that the bankrupt was certainly
entitled to protection until the last day for surrender, and that, if
taken into custody in the meantime, he would obtain his discharge
without even an endorsement on the committal. There were several cases
in point and they were all uniform. It was arranged that the petition
for annulling should be considered on Wednesday next, the bankrupt
being at liberty to call witnesses to support the fiat.
TRURO COUNTY COURT - A BUILDER'S CASE - COCK v. SEYMOUR. - In
this case, the plaintiff and defendant are both builders in Truro. Mr.
STOKES appeared for the plaintiff; Mr. CHILCOTT for defendant. The
plaintiff's claim was for GBP8, in respect of a party-wall which it was
alleged he had built and sold to the defendant. It appeared from the
evidence of the plaintiff, Mr. EDWARD COCK, that he had built several
houses on land belonging to the Earl of Falmouth, in Edward-street,
Truro. The last built of those houses he had sold for GBP77 to Mr.
JOSIAH RAWLINGS, with a reservation of the punion-end for an adjoining
house. The defendant being about to build on the adjoining plot, made
application to plaintiff in February last; and the plaintiff gave him
up the advantage of that piece of ground on the defendant's agreeing to
pay him for the end wall, according to a valuation to be made by Mr.
JOHN HALL, another builder. Mr. Hall valued the wall in March, and
although the defendant at first said he considered GBP8, the sum named
as his half-expense of the wall - "a little too stiff," he agreed to
pay it in two or three weeks; but had not done so. Mr. Hall proved the
valuation; and both he and Mr. WILLIAM JOHNS, another builder, proved
that it was customary, in building a house to make fireplaces, stacks,
&c. in the end wall for the convenience of the person who might build
adjoining; and for the person so building to pay half the expense of
the wall. Several other witnesses, it was stated, were in attendance
to prove this custom. Mr. Chilcott, for the defence, said that Mr.
Seymour was quite willing to pay the GBP8 for the wall, but he only
wished to be satisfied as to whom he was to pay it to - whether to Mr.
Cock or to Mr. Rawlings. The promise made to Mr. Cock was before Mr.
Seymour knew of any claim by Mr. Rawlings. He (Mr. Chilcott) should
show that the hole of the house, including the end wall was sold,
without any reservation whatever, by the plaintiff to Mr. Rawlings, who
insisted that the GBP8 for the party wall was due from Mr. Seymour to
him, and not to Mr. Cock. Mr. Josiah Rawlings was examined; He stated
that he bought the house early in 1849, of Mr. Cock, without any
reservation whatever in respect of the end wall, which continued open
and wholly unprotected by any other building, until Mr. Seymour began
to build. After purchasing the house, witness took up the lease from
the Early of Falmouth; he produced the lease, with measurement and plan
of the plot of ground, and stated that the whole of the wall in
question stood within the limits of the ground granted him by the Earl
of Falmouth through his steward. As soon as he heard that Mr. Seymour
was going to build on the adjoining plot, he claimed from him payment
in respect of the end wall, and Mr. Seymour had paid him part of the
price. (It appeared, however, that this payment was made subsequent to
the origin of the present dispute between plaintiff and defendant).
Mr. Rawlings who gave evidence concerning an interview which he had on
the subject, with Mr. FOULKES, the Early of Falmouth's steward; and,
afterwards added that when he bought the house of Mr. Cock, he
distinctly offered a less sum for the house without the end wall. This
statement was positively contradicted by Mr. Cock. Mr. Stokes replied,
and Mr. Chilcott made some observations on the evidence concerning the
lease to the effect that the case would seem to resolve itself into a
question of title, and therefore was beyond the jurisdiction of the
Court. - Judgment deferred.
RECOVERY OF TITHES - NICHOLAS FRANCIS BASSETT v. [REUBEN?) DYER BONE
- Mr. HOCKIN appeared for the plaintiff, who lives in Lemon-street,
Truro; and Mr. BENNALLACK for defendant, a farmer of the parish of
Ladock. The action was brought to recover GBP31. 12s. 7d.[?], the
arrears of tithe rent-charge alleged to be due by defendant, to the 1st
of July last, as occupier of an estate called Penhale, in the parish of
Ladock, which sum had been paid by plaintiff, as owner of the estate,
to the Rev. RICHARD FARQUHAR WISE, rector of Ladock. The action was
brought under an act of Parliament passed in the present year, 14th and
[..h?] Victoria, c. 25, s. 4, - "That if any occupying tenant of land
shall quit, leaving unpaid any tithe rent-charge charged for or upon
such land, which he is by the terms of his tenancy or holding, legally
or equitably liable to pay, and the tithe-owner shall give, or have
given notice of proceeding by distress upon the land for recovery
thereof, it shall be lawful for the landlord, or the succeeding tenant
or occupier, to pay such tithe rent-charge and any expenses incident
thereto, and to recover the amount or sum of money which he may so pay
over against such first-named tenant or occupier, or his legal
representatives, in the same manner as if the same were a debt by
simple contract due from such first-named tenant or occupier to the
landlord or tenant making such payment." Mr. Bassett was then called
and deposed that he was the owner of Penhale estate, and that Bone was
his tenant up to Michaelmas last, and by the terms of his tenancy was
to pay the tithes. Bone was tenant from year to year, having taken on
the estate from his father. Defendant had said on different occasions
that he was quite ready to pay the tithes. Defendant had lately sold
off his stock; and plaintiff had since paid the amount claimed for
tithes to the 1st of July, to the rector's agent. On
cross-examination, witness said the estate was held by defendant at
GBP110 a year, he never agreed to let it to him for GBP95, but as Bone
was greatly in arrear, he told him if he would close his account he
would allow him GBP15 a year. Plaintiff had distrained on defendant;
had made him a considerable allowance on what he owed, but always told
him he was subject to the tithes. The estate was so much out of
condition, from the seeds not having been sown, &c., that it had been
let to another tenant since Michaelmas, for a term of seven years, at
GBP60 the first, GBP70 the second, GBP80 the third, and GBP90 yearly
for the remainder of the term. Mr. Hockin also produced evidence to
show that a formal notice of distress for the tithes had been served by
the [...ctor?] on Mr. FRANCIS, the present occupier of the estate.
For the defence, Mr. Bennallack submitted that the act under which
recovery was sought, was not retrospective in its operation; it
received the royal assent on the 24th of July, and tithes to the
previous lst of July were not recoverable by it. The only sum
recoverable was that accruing after the act, and even that could not be
sued for until the 1st of January, tithes being made payable by the
commutation act, on the 1st of January and the 1st of July. The Judge
said in this case all that was claimed was the amount due to the 1st of
July; there was no claim for the quarter ending at Michaelmas. The act
received the royal assent on the 24th of July, and its words were, that
if any occupying tenant shall quit, leaving unpaid any tithe
rent-charge, &c. Those words "shall quit" he thought showed the act to
apply to the present case, defendant not having quitted till
Michaelmas, whereas the act came into operation on the 24th of July;
the verdict would therefore be for the plaintiff. Mr. Hockin applied
for costs and for immediate execution; defendant, he said, had sold a
large farm stock, and had now the means of paying the money. He then
put questions to defendant, who stated that he has no farm at present,
but lives with his friends, sometimes at one house, and sometimes at
another. The Judge asked defendant when he would pay the money, to
which he replied not until the next court. The Judge then granted
costs, and ordered payment of the claim to be made on the 13th instant.
WILLIAM BIRRELL v. JOHN and THOMAS McFADYEAN - Mr. CHILCOTT appeared
for the plaintiff, and Mr. STOKES for defendants. This was an action
for recovery of GBP36, balance alleged to be due to the plaintiff for
salary, as the servant and traveller of the defendants, who are
Scotsmen carrying on business at Truro, and in other parts of the
county. The case lasted a considerable time, and it would be useless
to enter into its minute particulars, but the following appeared to be
the main facts of the evidence. The plaintiff was examined, and stated
that his agreement with the defendants was that he should be paid GBP25
per annum; and that he had regularly attended to his duty, but had
recently been discharged by peremptory notice of the defendants,
without payment of his salary, and without any means being afforded him
of returning to his own country. On cross-examination by Mr. STOKES,
he admitted that his masters had charged him with having neglected to
account for sales of goods, and monies received by him to a
considerable amount; but said he had saved monies from the weekly
allowances made to him for travelling expenses, and it was with those
savings that he had made purchases of books, minerals, and other
articles. He denied having failed to account to his masters; but
admitted that in March last they had signed a written agreement with
him, which dated back to April 1849, and by which he became bound to
serve them for three years at a salary of GBP25 per year, to be paid at
the end of the three years. He denied that his masters had offered to
refer the question of accounts to any person accustomed to the trade,
and he also denied that they had offered to give a week to him to go
into the accounts, to ascertain whether they were correct or not. He
stated that during the first year of his service, his accounts were
found to be quite correct.
For the defence, the Messrs. McFadden were both examined, and stated
that on examining the books showing the deliveries of goods to the
plaintiff, and his account of the mode in which they had been disposed
of, it appeared that on the 25th of January last, plaintiff was
deficient in cash to the amount of GBP17. 4s. and to October last,
there was a further deficiency of GBP28. 8s. 3d. It appeared however,
that these items of deficiency did not correspond with the particulars
of set-off delivered by defendants in the case, which set-off showed a
much smaller deficiency. Defendants further stated that they had since
ascertained, by going round to the customers and comparing their
receipts with the accounts plaintiff had rendered to defendants, that
several sums appeared in the receipts which were not credited in the
plaintiff's accounts. In particular, as regarded a customer named
SEYMOUR, the sum of five shillings had been received by plaintiff which
he had not credited, and for which he had afterwards gone with one of
the defendants to her and demanded payment. The accounts of the
transactions between the parties were very lengthy and complicated, and
after considerable time had been consumed in the examinations of the
parties, and flat contradictions given in the testimony on either side,
defendants stating that they had offered to give a week to the
investigation of the accounts, or to leave the same to a reference,
which plaintiff persisted in denying - the Judge recommended a
reference of the accounts to some person acquainted with such matters,
and it was ultimately arranged that the same should be referred to Mr.
WILLIAM CLYMA, of Truro.
ST. AUSTELL - At this court on the 4th instant, thirty-two cases were
entered. STOCKER and OTHERS v. TRUSCOTT was a trial by jury. It
appears that the parties are clay merchants, and defendant had refused
to pay a portion that was claimed of land money, out of which arose the
present action. The case was one of difficulty, there being several
points of law in the question at issue. The jury decided in favour of
plaintiffs, for GBP30. 17s. 6d. Mr. BISHOP of Fowey, appeared for
plaintiffs, and Messrs HODGE and HOCKIN for defendant, who gave notice
of appeal.
FALMOUTH - COMMITTAL FOR PERJURY - At this court held on Saturday the
6th instant, there were forty-seven cases for trial, none of which were
of public interest excepting the case of HANNIBAL LYNE JOHNS v. THOMAS
BOLT. Plaintiff is a colt gelder, living at Cury, near Helston, and
the defendant is the hind to Messrs. FREEMAN, the granite contractors,
and resides in Constantine. Mr. MOORMAN appeared for plaintiff, and
Mr. BAMFIELD for defendant. The action was brought to recover GBP1.
16s. for gelding a colt, and for three visits afterwards at Main Farm,
in Constantine, and which colt plaintiff said he had agreed to risk or
guarantee for GBP16 at Penryn May fair, if the colt should break his
legs during the operation or die within ten days therefrom. Defendant
admitted he had spoken to plaintiff at Penryn May fair about gelding a
colt for him, but nothing was said as to the price by either party, nor
anything about risking or guaranteeing of the colt, not had he known or
heard a word about risk or guarantee until some time after the
operation was performed and just before the action was brought.
Plaintiff declared the work was done in the forenoon, and took him
about two hours, whilst defendant and two witnesses who assisted, said
it was completed in about half an hour, and was all over by eight
o'clock. Johns after having been to an adjoining farm, returned to
where Bolt was in a field sowing carrots, when Bolt said, "what have I
to pay you?" Johns replied, "I shall charge Squire Freeman a guinea."
Bolt said, "no, the usual price in the neighbourhood is 2s. 6d., but as
you had no refreshment in the house here's 6d. more making 3s." Johns
still persisted in his charge of 21s., and to get rid of him Bolt
offered him 5s., which he refused saying, "I shall take the law of you
if you do not pay me." Three workmen who were in the field at the time
and heard what passed, stated in evidence that the money was tendered,
and that Johns mentioned nothing about risk or guarantee. Mrs. Bolt,
(defendant's wife) said that Johns came to her at the farm house after
leaving Bolt in the field, and told her. "I have been to Mr. Bolt for
my money and he won't pay me but 5s. for what I have done, when my
charge is a guinea." Twelve witnesses were subpoenaed in the cause,
and after some of them had been examined, his Honor said perjury had
evidently been committed, and requested Johns to be placed in the
witness box again, and stating that notes would be taken of what he
said, he asked him if on the day of the operation, or at any other
period before the 31st of May, he had asked for any sum or sums of
money from Bolt? To this Johns answered that he had not. His Honor
then asked if he had said to Bolt, at Penryn fair, anything about
risking the colt for GBP16. To this he answered, that he had. After
the examination of several other witnesses, who contradicted Johns in
several points, his Honor said that he had determined to make an
example of the first party by whom perjury was committed, and there
could be no doubt but that Johns had been guilty of wilful and corrupt
perjury, he should therefore commit him to take his trial at the next
goal delivery for the county, giving him the opportunity of finding
bail, himself in GBP50 and two sureties in GBP25 each. The necessary
bail not being found, the defendant Bolt was bound over to prosecute at
the next assizes, and the warrant of committal was placed in the hands
of the high bailiff, and in the course of the evening, prisoner was
handed over to the contractor for conveyance to Bodmin gaol.
HELSTON - At this Court on Monday last, amongst others the following
cases were tried:- SAMPSON NICHOLLS, v. JAMES BISHOP and MICHAEL
SAUNDERS. (In replevin) This case was heard at the last court, of
which we gave a full report. Two points of law having been reserved
for argument, - first, that there was no fixed rent, and secondly, that
the distress on the plaintiff Nicholls under the notice was illegal.
Mr. ROGERS and Mr. PLOMER appeared for the plaintiff; Mr. HILL for the
defendant. His Honor, after hearing the arguments of the learned
advocates on the points reserved, gave a verdict for the defendants.
JAMES ROSKRUGE, v JAMES CADDY and EDWARD CROSSMAN - Distress for Rent
- The damages in this case were laid at GBP42. 14s. 6d., the
particulars of the plaintiff's demand charged the defendants with
having made an excessive distress, with charging more than reasonable
costs and expenses for the distress, and for selling beasts of the
plough, there being other goods and chattels on the farm liable to be
distrained, and sufficient to meet the amount of rent due. Mr. PLOMER
and Mr. HILL appeared for the plaintiff; Mr. ROGERS and Mr. PASSINGHAM,
for defendants. The case excited considerable interest. Several
witnesses were examined and from their evidence it appeared, that on
the 24th of September, 1849, the plaintiff took of Captain CADDY, the
defendant, the farms of Kestle and Polhore, in the parish of Manaccan,
under the following agreement:- "Falmouth, 24th September, 1849, - I
hereby agree to accept Mr. JAMES ROSKRUGE, as my tenant on Kestle
Wartha and Polhore, for seven years, from the 29th day of September
instant, paying me for the first year at the rate of GBP80, the
following years to be dependent on the rise or fall of the price of
corn. James Caddy. "-The plaintiff entered on the estate and still
resides there. In July last plaintiff had some idea of emigrating, and
arranged with Captain Caddy to quite the estate at Michaelmas last.
Captain Caddy obtained a tenant, but Mr. Roskruge altered his mind, and
interviews took place between them, for the purpose of fixing the
amount of rent for the future. They could not agree and on the 29th of
August last, Capt. Caddy's solicitor sent the defendant Crossman, to
distrain for GBP88, rent due on the 24th of June, 1851. Crossman
seized about GBP145 worth of sheep, bullocks, and horses, and continued
in possession of them until the day of sale. During this time a
negotiation took place between Mr. Roskruge's friends and Mr.
PASSINGHAM, with the view to an amicable arrangement, but no terms were
come to and on the 4th of September, last, Mr. GREENWOOD, auctioneer,
of Truro, attended at Kestle, and sold the following cattle:- Fifteen
sheep for GBP18. 7s. 6d.; two oxen for GBP20; one cow for GBP4. 7s.;
total GBP42. 14s. 6d.
This amount was appropriated thus:- GBP28 for rent, and GBP14. 14s.
for costs of the distress. It appeared that only GBP28 could have been
distrained for, as the plaintiff was a yearly tenant under the
agreement. At the time the distress was levied there was a
considerable amount of property which might have been distrained,
besides the working oxen and sheep. Mr. Rogers addressed the jury on
behalf of the defendants, contending that the plaintiff could have
suffered but very small damage, as the cattle were taken at the time of
the year when they were of little service to the plaintiff in his
farming pursuits. The learned Judge with his usual ability, carefully
summed up the facts of the case bearing on the particular charges of
complaint in the plaintiff's particulars, and told the jury that if
they were satisfied sufficient property was on the estate liable to be
distrained, independent of the sheep and beasts of the plough, they
would have to find a verdict for the plaintiff for GBP38. 7s. 6d., the
amount for which they were sold, and he considered there were charges
in the distress which the tenant could not be fairly called on to pay,
and it would be for them to consider if the plaintiff was entitled to
the full amount he claimed. The jury, after a short deliberation found
a verdict for plaintiff for GBP42. 14s. 6d.
PENZANCE - Mr. HENRY MURRAY, of Liskeard, has been appointed High
Bailiff of the Penzance County Court.
19 DECENBER 1851, Friday
KENWYN BELLS - These Bells, which, for more than a century, have been
the only peal in the neighbourhood of Truro, and have been so much and
so generally admired, are now, in consequence of long use, in want of
much repair. In fact, it is feared that three out of the number will
require recasting. One is broken, and the other two are badly cracked.
In addition to which, the Belfry must undergo a thorough repair. This
will involve an outlay not far short of GBP100; and as it is very
undesirable that the whole of this expense should fall on the parish,
it is proposed to raise a subscription towards the cost of recasting
and putting them up anew. It is hoped that many will be found to
respond heartily to this appeal. Any contribution will be thankfully
received, and may be paid to the Vicar, to either of the Churchwardens;
or at the Cornish Bank, Truro. E. HAROLD BROWNE, Vicar. E. T.
CARLYON, JOHN TIPPET, Churchwardens. Kenwyn, December 17, 1851.
Additional Subscriptions since our last.
Capt. DEVONSHIRE...GBP1. 1. 0d.
Capt. HOLLAND...GBP1. 1. 0d.
Miss TREVENEN...GBP1. 1. 0d.
A
Friend by Mr. J. R. PAULL...10s.
Mr. H. E. NANKIVELL...10s.
Mr. J. H.
VIVIAN, M.P....GBP2. 0. 0d.
Mrs. VIVIAN...GBP1. 0. 0d.
Mr. O.
WILLIAMS... 10s.
Mrs. PASCOE... 10s.
Mr. TOM... 10s.
Mr. HEARD... 5s.
LITHOGRAPH OF Mrs. KELYNACK - We are requested to state that the
spirited and life-like lithographic print of this old Cornish
fish-woman, published by Colnaghi, of London, is not by Brandard, (as
stated last week) but by Mr. T. H. NICHOLSON, an artist now well-know
for his numerous etchings and designs on wood. We are informed that
Mr. Nicholson made his drawing at the same time that Mr. BUNARD made
the model of her, which was exhibited at the late meeting of the Royal
Cornwall Polytechnic Society, which model was then rewarded with a
second silver medal, and has since been purchased by the Early of
Falmouth.
THE TESTIMONIAL TO Mr. MICHAEL WILLIAMS. - We understand that the
subscription to the testimonial to Mr. Michael Williams now amounts to
about GBP500, a much larger sum than was anticipated. But for the
contributions being limited to five shillings, we have no doubt that
the amount would have been nearer GBP1000.
APOTHECARIES HALL - On Thursday last, Mr. JAMES MUDGE, of Bodmin,
after undergoing the required examinations, was admitted a Licentiate,
and received certificates to practise.
VACCINATION - For some time past we understand that the small pox has
raged to a fearful extent to the Penzance Union, and as its ravages are
still going on, the guardians have thought it advisable to publish
hand-bills urging on the people the great importance of vaccination.
They have also published a return, showing the extent to which death is
occasioned by the neglect to have vaccination performed. From this
document it appears that the whole number of deaths which have occurred
in the district during the last eight months has been 193, and out of
this large number only 12 children are known to have been vaccinated.
COLONIES IN ENGLAND - Colonies of Spaniards are known of in Mount's
Bay and Tor Bay. The latter, from having intermingled with the
surrounding population, have not now, I believe, much more than a
traditionary Spanish descent; whilst the former, on the contrary, have
kept aloof, and are easily distinguished from their marked Spanish
features. This colony is planted at Mousehole; and, according to their
account, they have been settled there upwards of three centuries.
Another account declares the original settlers to have formed part of
the Spanish armada; and that, after its defeat, they made a descent on
this part of the Cornish coast, drove out or killed the former
inhabitants, and have ever since remained unmolested, and in great
measure distinct from the surrounding inhabitants. The nature of the
country in which they settled has, no doubt, proved favourable to them
in this respect, as the soil is barren and rocky, with thinly scattered
villages inhabited by a hardy race of fishermen.
NAVAL PROMOTION - Mr. G. DOHERTY BROAD (son of Mr. R. R. BROAD, of
Falmouth,) mate of H.M. ship "Southampton" on the South American
station, has been promoted by Admiral REYNOLDS to a Lieutenantcy of
that ship vacant by Lieut. DAY, appointed to command the "Locust"
steamer, vice Curtis [?] deceased.
SOCIETY FOR THE PROPAGATION OF THE GOSPEL - On Wednesday last a
public meeting was held in the Town Hall, Camelford, in behalf of this
society, presided over by the Rev. ROGER BIRD, of Lanteglos, the
objects of the society were ably advocated by the Rev. G. B. GIBBONS,
who acted as the deputation. The Rev. Dr. MARTYN, of St. Breward, the
Rev. --- KINGDON, of Michaelstow, the Rev. W. J. KIRKNESS, of
Boscastle, and other ministers and friends of the society. The
collection at the close amounted to between GBP5 and GBP6.
SHIPWRECKED FISHERMEN'S AND MARINERS' SOCIETY - Captain BINNEY, of
the brig "Tom Bowling," lately wrecked near Padstow, requests us to
state that his crew were not furnished with any articles of clothing by
the agent of the above society at Padstow, as was stated in the West
Briton of the 28th ult. He says he spoke to Mr. BRYANT, the agent of
the society, on the subject, but only got from him one pair of
stockings. Captain Binney says he has been a subscriber to the society
ever since its first establishment, and always understood that its
agents supplied what was needed to shipwrecked seamen.
THE "ROYAL SHEPHERDESS" FROM ADELAIDE - On the 15th instant, the
Scilly pilot boat "Atlantic" landed at St. Ives from the "Royal
Shepherdess," BELL, commander, from Adelaide, (which place she left on
the 8th of August) Mr. ROCK, Mrs. BUDD and infant, and Miss WALLIS.
There were sixty other passengers who proceeded on to London in the
vessel. A mail consisting of twenty-four packages was also landed at
the same time and forwarded.
COLLISION AT SEA - The schooner " Eleanor Hughes" of Cardigan, DAVID
JAMES, master, from Cardiff, for London, with a cargo of bar iron, was
run into on Wednesday night off the Deadman, by the Swedish brig
"Memer," of Gothenburg, SANDBERG, master, from Hamburgh, for
Valparaiso, when the former vessel immediately sunk; the crew,
excepting one seaman, being saved over the bows of the "Memer."
LAUNCESTON COUNTY COURT - This court was held on Wednesday the 10th
instant, when there were thirty-four cases entered for trial. KITTOW
v. JULIAN - Plaintiff is a surveyor, and defendant is an engineer.
It appeared that in the year 1845, defendant with others projected a
railway, calling in the Great Western and Falmouth Junction Railway.
Plaintiff was employed in 1845, to survey a portion of the said line,
and now sued defendant for GBP31. 3s. This case occupied the Court
several hours, and his Honor reserved judgment until next court. The
next was a case of assault - CONGDON v. GYNN - Plaintiff laid his
damages at GBP2. It appeared that defendant on Saturday the 8th of
November, rode a horse furiously through the street, and in doing so
rode over a person called ROBERT COLLINS, near the Tower, in
Launceston. Collins had his collar bone broken, and was otherwise
injured. Plaintiff seeing this done, ran after defendant, and caught
his horse by the bridle, and asked him his name, which defendant
refused to give, and then commenced horse-whipping plaintiff. Mr.
PETER, attorney for defendant, raised a question of law; his Honor
reserved judgment.
A final order was granted to Oakley Brighten, insolvent.
CHARGE OF KITTING IN BOTALLACK MINE - At the Penzance County Court,
held on the 9th instant, PHILIP HICKS, a working miner, brought an
action against one of the adventurers in Botallack mine, Mr. S. H.
JAMES, for recovery of GBP16, which plaintiff alleged was due to him
for work performed in the mine. Mr. PASCOE appeared for the plaintiff
and Mr. DARKE and Mr. ROSCORLA for the defendant. The defence set up
was that Plaintiff had committed a felony by kitting, thus barring his
right of recovery; but Mr. Pascoe demurred to the plea as being no
answer to plaintiff's allegation. It appeared that on the 2nd of
August last, plaintiff took a pitch in the 110-fathoms level in
Botallack mine, four fathoms above the back of the level, at a tribute
of 16s. in the pound. Men were at the same time employed in driving
the level - plaintiff's brother, WILLIAM HICKS, was employed in driving
the end at a tribute of 2s. 6d. in the pound. Plaintiff's first and
second month's working was at the same place in the back of the level,
and on the same terms. Plaintiff kept his stuff up in the back, where
he broke it, but when it was about to be hauled to grass for the first
month, he threw it from the back down upon the level. His first
month's stuff was duly hauled to grass - the August stuff in September
- but while getting it ready for sampling, Captain HARVEY, one of the
underground agents, saw plaintiff, and told him he thought there was
more stuff there than he had broken in his pitch, and he should bring
the matter before the purser. The charge of kitting was founded on the
following circumstances:- Plaintiff's brother, William Hicks, who was
employed in driving the end, had much richer ground than the plaintiff,
the tribute of the former being 2s. 6d., and of the latter 16s. in the
pound, as before stated. Of course if the ore broken by William Hicks
were mixed with plaintiff's and sold as his, it would be to the gain of
plaintiff, and the loss of the adventurers. The agents declared their
conviction that this dishonesty had been practised. From the evidence
it appeared that in the middle of August, Captain Harvey went
underground to the end where William Hicks was employed, and inquired
if he had any tin, to which he replied, "not that I know of." The
captain then went to work himself, and very soon discovered a rich vein
of tin, where William Hicks was then in the act of working. On making
that discovery, a second question was put as to what had become of the
stuff he had last blasted from the hole? Being referred to a pile of
rubbish and a barrow, the captain made a careful examination, the
result of which was that a small quantity of ore was found in the pile
and 8s. or 10s. worth in the barrow. This awakened suspicion; on the
next day but one, the captain went to the end again, and broke two
particular stones, eight inches long, and four inches deep, and from
three to three and a half inches think, the full size of the vein,
stuff of that description being worth 20s. the fourteen gallons. These
stones he gave to William Hicks, and desired they might be put back
with the stuff before broken in the end. Plaintiff's pitch was at this
time poor, and the ground hard; it was estimated he would not clear
more than GBP1 per month after paying costs, and three or four times,
when the pitch was visited, it maintained a similar appearance.
Captain Harvey again went underground with Captain ELLIS, on the 3rd of
September, and observed the two stones before referred to. The
settings for September were about the 6th, and on visiting this level
Captain Harvey observed that the two stones had been taken from William
Hicks's pile, and that the pile had been apparently overhauled and the
best of the work taken away, it being altogether diminished.
Plaintiff's stuff, in due course was wheeled from the mill-hole of the
pitch to the shaft, and the two stones were not found there, but a
quantity of the stuff had been spaled, which was a most unusual thing
to do underground. From a comparison of the ores, the captain stated
that a small portion of plaintiff's spaled stuff resembled strongly the
stones he had dug from the end worked by William Hicks. Samples were
produced, No. 1, consisting of spaled stones taken from plaintiff's
pile, differing from those found in his pitch, where the veins strongly
partook of the nature of the country; the captain (of twenty-five
years' experience) said he was certain they could not have been broken
in plaintiff's pitch. No. 2 sample, broken in William Hicks's end, was
stated to be of the same quality as No. 1, found in plaintiff's pile.
No. 3 sample had been taken from plaintiff's pitch, and differed from
Nos. 1 and 2. Plaintiff claimed GBP16 wages for 44 barrows of stuff,
but on the part of defendant it was proved that at 16s. tribute,
plaintiff's wages for two months would be only GBP6. 3s. 1d.
Plaintiff, William Hicks, and OLIVER ROWE swore that neither of them
had been guilty of kitting; while for the defence, Captain PHILIP
HARVEY, W. POLLARD, and W. OATS, miners, and Mr. TREMBATH, mine agent
were examined. The hearing of the case occupied between six and seven
hours, and the court deferred judgment.
SHOOTING RABBITS. - At the Torpoint petty sessions on Tuesday week,
THOMAS CURTIS, charged with shooting rabbits on the estate of Mr. WM.
BENNETT, in St. Stephens, was fined 40s., and costs; in default of
payment to be imprisoned for two months. A request made by the
defendant to be allowed to send to Saltash for the money was accepted
by the Bench, but meanwhile, on the application of an old man, who
stated he was gamekeeper, Curtis was ordered to be detained in custody
that he might be prosecuted on a charge of threatening to blow out his
(the gamekeeper's) brains. The threat was made about two years since,
but the gamekeeper had not been able to track Curtis since that time
until he saw him before the Bench.
COMMITTAL - On Friday last, WILLIAM LONG, of St. Austell, was charged
before Mr. T. HEXT, and Mr. E. COODE, jun., with an assault. He was
summoned to appear at the last petty sessions, but absconded, when a
warrant was issued against him, and he was taken on Thursday the 11th
instant. The prisoner was fined 5s., and in default of payment was
committed for twenty-one days to the House of Correction.
IMPOSTORS - We understand that two persons assuming the name of ROWE,
very unlike each other in person, one being of a very dark complexion
and the other fair, are now travelling with a petition numerously and
respectably signed, stating that they have sustained a very heavy loss
in consequence of their vessel being wrecked at Portreath. On being
cross-questioned by a clergyman, near Falmouth, on whom they called,
the answers which they gave were found to be neither satisfactory nor
consistent, one of them denying a statement which he had made to
another party. On finding this to be the case the clergyman
immediately sent for a constable, but he was unfortunately not to be
found and the fellow was allowed to escape. We suspect it was one of
the same fellows who called one day last week, on Mrs. WILLIAMS, of
Tregullow, with a letter, purporting to be from Mr. Rowe, the
respectable jeweller and watchmaker of Falmouth, recommending him to
Mrs. Williams's benevolence. We need scarcely say that the letter was
a forgery. We regret to state that the scoundrels are still at large,
but perhaps this notice of their proceedings may have the effect of
cautioning the public against them.
FIRE - On Monday evening last, between nine and ten o'clock, the
inhabitants of the village of Newlyn in Pydar and neighbourhood, were
aroused from their usual quietude by the cry of "fire;" and a messenger
announced that the arm house and premises of Mr. THOMAS MARTYN, at
Trendrain, in Newlyn, were on fire. A brilliant light and smoke, which
the issuing flames cast up on the surrounding darkness, were soon
observed, and the bell from the tower sent forth the fire alarm, which
was quickly responded to by the numbers who hastened to the scene of
destruction. On arriving at the spot, an impression prevailed that the
stacks of corn, and Mr. PARKS's property, which was close by, would
also share the same fate; but fortunately there was no wind, otherwise
they must have been involved in the ruin; for the house was covered
with thatch, which, on being ignited, caused the fire to spread
rapidly. We are sorry to say that in all eager desire to subdue the
flames, but few of the household requisites were preserved. The
property was not insured. The fire was caused by a child removing the
candle, which, being placed too near the bed, caught its furniture.
NARROW ESCAPE - THREE PERSONS NEARLY DROWNED. - On Saturday evening
last, shortly after the arrival of the market steam boat at the St.
Germans quay, and while the passengers about 100 in number were
landing, a cry was raised that a man and woman with her child, had
fallen over the quay into the river. The night was intensely dark, and
in an instant all was consternation and commotion, screams and
enquiries resounding on every side. In the midst of the confusion, Mr.
HENRY SPENCER, a well known waterman and pilot on the St. Germans
river, having ascertained the spot from which the unfortunate persons
fell, unhesitatingly plunged in. He soon succeeded in seizing the man,
whom he conveyed to a point between the quay and steamer, where a slack
rope joining the latter to the former fortunately hung sufficiently low
to be reached from the water. Bidding the man hold fast, by this, he
swam back to the scene of the accident, and next succeeded in finding
the woman, and bringing her also to the rope held fast to it by one arm
and supported her in the other till they were all taken in by a boat.
In the meantime, the baby had been taken up by the engineer of the
steamer without having suffered any injury. The man speedily
recovered, and the woman also after a few hours, was sufficiently
recovered to be removed to her residence at Polbathick in the parish of
St. Germans. We understand that this is not the first time that Mr.
Spencer has periled his own life to save others. His prompt and
intrepid conduct on the present occasion, merits the highest praise,
and we think from the inhabitants of St. Germans and vicinity,
something more.
ACCIDENT - On Sunday evening last, Mr. REMFRY, of Truro, whilst
ascending a ladder at his limekiln near Tabernacle street, the top
stave gave way, and he fell from a considerable height on a pile of
limestones beneath. By the accident his arm was broken, his head cut,
and other injuries inflicted. He lay where he had fallen for a
considerable time, until he had recovered so far as to be enable to
reach Tabernacle street, when some men assisted him to his house.
CORONERS' INQUESTS - The following inquests have been held before Mr.
HAMLEY county coroner:- On the 11th inst., at St. Teath, on THOMAS
HARRIS, a boy eleven years old. It appeared that he and four other
boys were at the Delabole quarries, when an empty waggon was going down
the incline plane. They got into it to ride down, when by some means
it upset, and the edge of the waggon coming in contact with his head,
killed him on the spot. No blame was attached to any one, as the boys
had been cautioned and forbidden to ride down the plane. Verdict
"accidental death."
At St. Cleer, on the 16th instant, on the body of a person unknown.
Mr. LANDER, a farmer of St. Cleer, was going round his farm, on the
15th, when on looking over a hedge of a wheat field, he saw something
lying on the ground. He went over and saw that it was a man lying on
his face, dead. He got assistance, and the body was removed. He
thought the body might have been there for a week. There were no shoes
on the feet, and the body appeared to be that of a vagrant. There were
two pence in his pocket. Several persons saw him on the 7th instant,
when he appeared in a very weak state, and it is supposed he went into
this field, where he fell down, either in a fit, or died from
exhaustion. Verdict, "found dead."
The following inquest has been held before Mr. GILBERT LANGMAN BRENDON.
It appeared that on the previous day his brother left him to take a
letter to the post-office, desiring his aunt to watch deceased during
his absence, as he had been in a low desponding state for several
months. Soon after deceased went to bed at night, his brother, who
slept in the same room, heard him moaning, and apparently in much pain.
On going to his bed, deceased told him he had drank something from a
bottle which he had found in the cupboard. The bottle contained a
quantity of oil of vitriol, which he managed to get at during his
brother's absence, and which he concealed about his person until he
went to bed. He lingered on in great agony for twelve hours. Some
short time since he attempted to commit suicide with a razor. Verdict,
"insanity."
BANKRUPTS - London, Wednesday, December 17, 1851, from the London
Gazette - FRANCIS BLAMEY, grocer, Crofthandy, Cornwall, December 23,
and January 20, at one, at the Exeter District Court, HERNAMAN,
official assignee, Exeter; solicitors, STOKENG[?], Truro; and Stogdon,
Exeter.
26 DECEMBER 1851, Friday
NEW ORGAN - Mr. SWEETLAND, the well known organ builder of Bath, has
just completed a beautiful instrument destined to assist divine worship
at the Wesleyan chapel, Camborne. It is of excellent tone, rich and of
reedy quality, calculated, if well managed, to be on the best of terms
with the voices of choristers. The pedal organ extends to C C C; and
the great organ to C C; the choir organ to C C; and the swell to the
tenor C. The diapasons, both in swell and great organ, are
particularly good; the hautboy and trumpet (swell) are very effective
stops. The deep pedals are round, sonorous, and full to an immense
degree, and set off well the brilliant clearness of the full organ.
The mechanism is finished with Mr. Sweetland's usual care, and the
instrument altogether does credit to his establishment. - Bath Journal.
THE COURT OF Mr. TREMAYNE OF HELIGAN - This court was held at
Washaway on the 16th instant, for lands in the neighbourhood of
Wadebridge, when an abatement of fifteen per cent. on the rent due at
ladyday last was made, being two and a half per cent, over last court.
Mr. Tremayne dined with his tenantry, and on his health being drunk,
addressed them as his friends in the kind familiar manner which his
late respected father had been in the habit of doing. He expressed his
consciousness of their past and present difficulties, and sympathized
with them in their distress; and hoped he should not be found wanting
in the duties that were required of a landlord in the present day.
This being the first time he had had the pleasure of meeting them, he
trusted that friendship would grow with acquaintance. During the
afternoon, Mr. Tremayne conversed familiarly with his tenantry on
agricultural and other subjects. On his departure the tenantry
expressed their high approval of his conduct, and after a friendly
discussion on practical agricultural their efforts to stem the tide of
difficulties, having seen in their new landlord a true "chip of the old
block."
REDRUTH UNION - CHRISTMAS TREAT - The guardians and many other kind
friends belonging to the eight parishes in this union, having liberally
subscribed for a Christmas treat to the paupers, amounting to 267, the
master purchased for that purpose 330 lbs beef and tallow of the best
quality, consisting of ribs, rounds, and pinrounds. There were also 4
lbs. of tea, and 20 obs. of sugar, distributed among the aged and
infirm. Each adult was allowed a pound of plum pudding, and the
children in proportion. Cake and tea were allowed in the evening, and
also to be repeated on new year's day. There were provided 300 oranges
for the children; also 48 lbs. of currants, and 66 lbs. of butter and
lard for the cakes, and 40 lbs. of raisins for the puddings. Other
articles were furnished to the inmates for their enjoyment, and the
rooms were decorated with laurel, box, arbutus and other evergreens,
kindly supplied from the grounds of a neighbouring magistrate,
connected with the board.
ST. AUSTELL - On Thursday the 18th instant, the tolls arising from
the fairs and markets were again taken by Mr. WILLIAM NICHOLLS, at an
advance of GBP26 on the sum let for last year.
FALMOUTH - The constant attention of the magistrates to the business
of this borough, which has become a daily matter, has caused its
magistracy to be brought under the consideration of the Lord
Chancellor, and his lordship has resolved to insert in the commission
of the peace the names of Mr. R. R. BROAD, Mr. ELLIS, Mr. ROGERS, and
Mr. R. CHARLTON.
SMUGGLING - On the 17th instant, before the mayor of Penzance, Mr.
PEARCE, a charge was preferred buy the collector of Customs at that
port, Mr. BERESFORD against ROBERT TEED, master of the smack
"Wellington," of Plymouth; JOHN SPILLER, the mate; and WILLIAM WESTLAKE
MUTTER, and JOHN HALLET, the crew of the said smack, for having
neglected to heave to on signals being made by her Majesty's revenue
cutter, "Sylvia," and for destroying the cargo to prevent a seizure.
Mr. FORWARD, commander of the cutter, deposed that he observed the
smack on Wednesday off Padstow, harbour, about noon, standing E. N. E.
at the time about seven or eight miles from the shore. He stood across
to board her, but she altered her course and steered N. E. by N. While
pursuing her he observed the man at the helm leave his post several
times and go to the main hatchway apparently assisting the crew. When
about a mile distant he hoisted the colours and commenced firing as a
signal for her to heave to. He fired about a hundred times; and half
an hour afterwards, when within a quarter of a mile she hove to. He
boarded her in two or three minutes, in company with an officer and a
boat's crew. On the hatchway being opened there was a strong smell of
spirits. He asked the master to show his papers; also where he was
bound to and where he came from? The captain replied, "from Exmouth,
and was bound to Cardiff for coals." He searched her and found part of
the ballast, which was sand, quite wet with spirit, which he believed
to be brandy. One of the men found the hoop of a cask and part of the
stave of a tub. The pumps were tried and the water was impregnated
with spirit, which was discovered both by smell and taste. The
impression of a tub was also observed in the ballast. The vessel had
been seized and brought to the port of Penzance. About twenty minutes
after witness boarded the vessel, they picked up a tub containing
brandy; it was a two gallon tub, and was thirty yards astern of the
vessel - there being none other with six miles of the "Wellington" and
"Sylvia." The cutter cruised about, and two hours afterwards picked up
eight kegs, of four gallons each, in the wake of the vessel. After
other evidence had been given, the men were remanded until the
following Wednesday, to await communication with the Board of Customs.
OPERATION WITH THE USE OF CHLOROFORM - On the 10th inst., JOHN
KISTLE, aged sixty-four years, an outpensioner of Chelsea, residing at
Higher Hallankean near Hayle, was compelled to submit, in consequence
of a wound which he had received whilst serving in the 40th regiment,
to lose his left leg immediately below the knee. Having been put under
the influence of chloroform, the amputation was performed by Dr.
MILLETT, of Hayle, assisted by his brother, Mr. MILLETT, of Penzance,
in half a minute. It appears that Kistle, at an early age, enlisted as
a substitute in the Cornwall and Devon militia, and about two years
afterwards joined the 40th regiment. He accompanied that regiment to
South America, and was present at the bombardment of Monte Video, &c.,
and having got wounded was, at the age of twenty-four years, and after
six years' servitude, made an out-pensioner of Chelsea, at the rate of
sixpence per day.
IMPOSTOR - a man calling himself JOHN QUICK, has been obtaining
contributions from the public of the west of Cornwall, as a shipwrecked
sailor. His paper purports to be signed by H. P. RAWLINGS, magistrate,
Rev. H. ROGERS, Rev. - BENSON and other respectable persons. He is
believed to be the same man who has been for some time carrying on the
same trade under the names of THOMAS WILLIAMS, &c.
RESULTS OF INTOXICATION - On Saturday night last, JOHN CHARLES
PASCOE, labourer, and BAWDEN WILLS were drinking together in the Swan
public-house, Kenwyn-street, Truro. Between ten and eleven o'clock,
Wills being too drunk to walk home, Pascoe agreed to carry him on his
back to his house in Castle-street. Pascoe took him up, but on leaving
the house hitched his toe against the curb, and both fell to the ground
together. Pascoe, on getting up, laid hold of a man called CLARKES,
and accused him of tripping him up; a scuffle then took place between
them, and Clarke threw Pascoe and broke his arm. Dr. BULLMORE being
applied to, directed Pascoe to be immediately taken to the infirmary,
where he now remains under surgical care.
MINE ACCIDENT - On Wednesday last, an accident occurred at Boscarne
Mine, in the parish of Bodmin, by which a man named FISH was seriously
injured. He was employed in excavating a reservoir for the large
engine in course of erection, when the ground fell and entirely buried
him. On his being withdrawn, it was found that his hip joint was
dislocated. The sufferer is doing as well as the serious nature of the
accident will allow.
FATAL ACCIDENT AT OXFORD - On Saturday afternoon, Mr. GILBEE,
commoner of Exeter College, was accidentally drowned in the Thames.
The deceased had been rowing in an outrigger as far as Sandford, and on
his return, when just past Iffley Pound, his boat upset, how or by what
means cannot be ascertained, as no one saw the accident. A person
passing saw the boat turned upside down, when he gave an alarm, and the
body was found in the course of about a quarter of an hour. The
deceased was the only son of the Rev. WILLIAM GILBEE, vicar of Gwennap.
CORONERS' INQUESTS - The following inquests have been held before Mr.
JOHN CARLYON, county coroner:- On Saturday last, at Ponsanooth, in the
parish of St. Gluvias, on the body of NICHOLAS ANDREW, aged 2 years and
8 months. It appears that outside his father's house there is a
covered stream of water which passes under the turnpike road and
empties itself into a mill pool on the other side; and in his father's
court there is an opening left over the stream for the convenience of
parties who want water. Into this opening the child fell on Friday,
and he was carried by the stream through the conduit, to the mill pool
where he was found by some parties in search of him. He was then quite
dead. Verdict, "accidentally drowned."
On the same day, at Feock, on the body of JOHN LAWRENCE, aged 4 months;
who was found dead in bed, beside his mother. There is no doubt that
the child died from natural causes, and the jury returned a verdict to
that effect.
On Tuesday last, at St. Day, on the body of EMILY PENBERTHY, aged 8
years. The deceased was at a neighbour's house at Vogue on Saturday
last, and, in attempting to unhang a blower, her pinafore was carried
by the draft into the fire. She ran out of the house with her clothes
on fire, and was observed by some miners, who extinguished the flames
as well as they could, but she had received such injuries that she died
on the following day. Verdict, "accidental death."
The following inquests have been held before Mr. HICHENS, county
coroner:- On Saturday last, in the parish of Gwinear, on the body of
JOHN HOCKING, aged 45 years. The deceased worked at Wheal Unity mine,
in that parish, and on the 19th instant, he and his comrade, JAMES
WILLIAMS, were descending by the ladders through the engine shaft to
the 70 fathoms level, where they worked. The deceased was preceded by
Williams who was about three fathoms in advance of him, and Williams
quitted the ladder at the 60-fathoms level for the purpose of leaving
there some powder and candles, which he had with him for use, that
being a drier place than the 70 fathoms, and just as he had done so, he
heard the deceased cry out at the moment, as Williams supposed, that he
fell. Williams immediately descended to the 70 fathoms level, where he
found his comrade lying on his side. He was quite sensible, and able
to speak, and upon being asked how he fell, he replied that he had lost
his holdfast. The deceased lived to be taken to the surface, and to be
carried to his home, where he died in about four hours after. Verdict,
"Accidental death."
On Wednesday last, at Camborne on the bodies of MARK SMITH, aged 43
years, and his two sons, MARK, aged 18 years, and WILLIAM, aged 13
years. The father and sons were comrades and worked underground in
Crane and Bejawsa mine, in that parish. On Monday last, they had been
down at their labour, and having come up between eight and nine o'clock
at night, they went into the boiler-house to take off their working
dress, and whilst there for that purpose a tube connected with the
boiler collapsed and occasioned an escape of steam, the violence of
which was such as to blow off the roof of the house. The cries of the
lads were heard from without by some men who had come to the spot in
consequence of the explosion, and they immediately burst open the door
of the boiler-house and got them out. Search was then made for the
father, who was very soon discovered, but in a lifeless state. Mr.
MICHAEL LOAM, of Gwennap, an engineer having the care of the engine,
was examined, who considered that the engine with everything connected
therewith, was in good condition, and could attribute the collapse to
nothing else than a deficiency of water in the boiler, which, he said,
might possibly have proceeded from a leak therein, but the injury which
it (the boiler) had sustained by the explosion was such as to prevent
his being able to say if there were previously any such defect; unless
the deficiency of water were occasioned by a leak it must have arisen
from the engine not being properly fed, but it was impossible then to
discover from which of the two causes the accident arose. Mr. Loam
spoke highly of the engine-man, whose conduct he had had frequent
opportunities of observing during the twelve months the engine had been
at work, as being exceedingly attentive and careful, and the like
testimony was given of him by Capt. HENRY STEPHENS, the managing agent
of the mine; and in the absence of anything like a charge against the
engine-man, the jury, without hesitation, returned a verdict of
"accidental death." One of the lads died on Tuesday last, and the
other on Wednesday.
EXETER DISTRICT COURT OF BANKRUPTCY - Tuesday, December 23. - In re:
THOMAS PENROSE DIXON - The Bankrupt is a bookseller, stationer and
printer of Falmouth, and this was the day appointed for the choice of
assignees. Mr. STOGDON opposed, on behalf of Mr. HENRY BESLEY, of
South-street, Exeter, and other creditors. Bankrupt, in his
examination said he gave a bill of sale to ANN PINDER upon everything
he possessed. Did not know the exact date of it, should think about
four or five years ago. Had been carrying on business ever since. The
bill of sale was to secure GBP50. That sum had been due during the
whole time. Had remained in open possession of everything, until
execution was put in under the bill of sale about six weeks since. Had
not signed the declaration of insolvency when it was put in, but did
afterwards. Merely the printing materials were sold. They brought
GBP56 [?], which paid out the execution. The sale was on the 4th of
December; the entry was ten days before that. Did not instruct Mr.
YOUNG, to send out the lithographic circular produced. It was a
circular addressed to his creditors, showing assets to the amount of
GBP130, which would pay 5s. in the pound, and offering that in two
instalments. It concluded by expressing a hope that from the long
connection between Bankrupt and his creditors they would accept these
terms and allow the furniture to be preserved for his future use. Did
not know how the furniture was to be preserved to his future use. Had
never given an opinion in any shape or form whatever on the state of
his affairs. Had purposely avoided doing so. The statement in the
circular was made without his knowledge. It was not authorised by him
personally. It might have been some of his family's doing.
Mr. Stogdon - Which of your family was likely to take this liberty.
Bankrupt - My wife.
His Honor - Am I to understand the circular was written by the
authority of your wife?
Bankrupt - I dare say it was.
His Honor - Have you never heard of such a letter before?
Bankrupt - I have not.
His Honor - You never heard of such a letter being sent to your
creditors?
Bankrupt - Distinctly not.
Mr. Stogdon - Who furnished the list of your creditors.
Bankrupt - Perhaps my son.
Mr. Stogdon - But how was it you were unable to attend to your own
affairs.
Bankrupt - That letter (produced) was directed by my son. I can swear
to his handwriting, and I knew that Mr. Young had written such a
letter, but I know nothing of that lithograph.
His Honor - That is not the question. The question is whether you knew
such an offer was made to your creditors.
Bankrupt - I signed a statement that I was worth that.
His Honor - With a view to making an offer.
Bankrupt - Yes, Sir.
By Mr. Stogdon - The printing presses and all the types were sold. Did
not know what became of them. Believed they were sold to various
parties. Knew a Mr. TREGONING. He was a printer in the same town.
Did not know whether all the stock was knocked down to him. Did not
know who had any of it. The value of the type and presses was GBP150 -
full that. The press was bought four or five years ago. It was a
super-royal. The things were sold by auction. Was not present at the
sale. Did not know what they fetched. Heard the amount was about
GBP66. Could not pretend to say what was the value of it. Supposed
the value was that at which the parties bought it. Was not aware that
it was represented at the sale that the things were bought in for
himself. Was not there. Studiously avoided giving any opinion on the
matter. The goods were removed from his premises to another place to
be sold and there they were, if they had not been removed. Did not
know where they were. Had a small quantity of place. A few spoons he
supposed.
His Honor - You are not asked what you suppose but what you had.
Bankrupt - Had a silver salver and a silver goblet presented by the
Cornwall Royal Regatta Committee. Had a half a dozen table spoons, and
nine tea spoons. Supposed they were at home with his wife. Had a gold
watch and two gold chains. They had not been in his possession for the
last three years. They, together with the salver and goblet, were sold
to the Falmouth Bank. The bank bought the whole at one and the same
time, and had them from two to three years. They had not been in his
possession lately. Had three pianos altogether, two out of hire and
one in his shop. Sold another to Mr. FOX, who gave a bill for it,
which was in the bank. It had been put in the bank five or six times.
It had been renewed as many times as that. Supposed it was due again
now. It was in the bank to his credit. Did not know what prices were
made at the sale or who bought the printing materials. Gave about
GBP26 or GBP27 for the press. Bought it five or six years ago of Mr.
BOND, of Stonehouse. Had not represented that it had cost GBP75 some
years since. Did not know who bought it at the sale. Did not know
that it had fetched only GBP11 or GBP12.
His Honor - Had made affidavit that there was enough to pay 5s. in the
GBP. Before doing so, drew out a debtor and creditor account. Put a
larger price on the press than GBP11 or GBP12.
The choice of assignees was adjourned to the day for the last
examination of the Bankrupt, on the 18th January next.
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