cornwall england newspaper
1851 NEWS
FEBRUARY
7 February 1851, Friday
SHERIFFALTY OF CORNWALL - At the Council of the Prince of Wales, held
at Somerset House, on the 4th instant, before Prince Albert, and the
other Members of the Council, WILLIAM WILLIAMS, Esq., of Tregullow, was
sworn in as High Sheriff of this county for the ensuing year. We
understand also that the Rev. THOMAS PHILLPOTTS, of Porthgwidden,
Feock, has been appointed Sheriff's Chaplain.
TRURO INSTITUTION - On Tuesday evening last, MR. McMILLAN, the
ventriloquist, gave a second entertainment at the Assembly Room, and
excited roars of laughter by his very clever displays. It has been
announced that the lecture on Friday evening, the 7th instant, will be
given by Mr. STOKES, on the "moral influences of knowledge."
FLAX CULTIVATION - Since the last annual meeting of the Wadebridge
Farmer's Club, the subject of flax cultivation has occupied the
attention of its members, and at the monthly meeting held on the 17th
ult., it was resolved, that prizes should be given to the growers of
the best crops of flax, with a view to test the adaptation and
suitability of the soil and climate of the district to its production.
Mr. EDWARD STEPHENS, of Trewornan, has kindly consented to give a
lecture on the 21st instant, on the best mode of tillage, when the
members will be glad to see any persons interested.
THE GREAT EXHIBITION - A meeting of the Cornwall Central Committee
was held at Truro, on Wednesday last, Sir C. LEMON, Bart., M.P., in the
chair. MR. TWEEDY informed the meeting that Mr. ROBERT HUNT, of the
Museum of Practical Geology, Jermyn-street, St. James's, London, late
Secretary of the Polytechnic Society, was preferred to act as agent for
all Cornish productions in receiving, unpacking, and arranging them in
the building. The meeting resolved to recommend the several local
committees and individual exhibitors to avail themselves of Mr. Hunt's
services, and undertook hereafter to apportion Mr. Hunt's remuneration
amongst the committees and exhibitors in proportion to what each might
exhibit.
ABATEMENT OF RENT - At his annual receipt, on Thursday, MR. POLLARD,
of Clapper, near Wadebridge, returned to his tenants ten per cent of
their rents.
MISSIONS - The anniversary services of the Primitive Methodists, at
Penzance, in behalf of the home and foreign missions, of that society,
were held on Sunday and Monday last. The REV. J. GRIEVES, from
Shropshire, Rev. W. NATION, the resident minister, Revds, R. TUFFIN and
J. WHITE, and Mr. JACOBS, of Poole, a converted Jew, took part in the
services, which were throughout very satisfactory, and the collections
almost double those of any preceding year.
TRURO TOWN COUNCIL - [this is only a portion of the whole article,
with the subject of police officers] - Mr. STOKES read the report of
a sub-watch committee which had been appointed in reference to the
police of the borough. [They reported the general conduct of the
inspector is spoken favourably of by his subordinates as well as by the
magistrates; but that he has occasionally been reprimanded by the
magistrates and suspended for misconduct. There is not a good
understanding and co-operation within the force which is essential to
efficiency. It was recommended the inspector visit various officers
during the evening hours, and view how they're carrying out their
duties. The inspector and officers all feel there should be more
police; the present force is insufficient for the increased extent and
population of the town. When the Sessions or Assizes are held, the
town is unprotected as the officers must go to Bodmin to testify, where
they may be kept for days. The report was discussed, and it was moved
the report be adopted. Various amendments were moved, most especially
regarding the number of police. It was felt 5 were sufficient. No
special constables were needed during the sessions or assizes, if
another policeman were to be hired. So voted.] MR. HAWKE moved,
that as the duties of the inspector were not so trying to the
constitution as those of the policemen, that his salary be reduced from
30s. to 20s., which he thought sufficient. Mr. HEARD seconded, but
suggested the inspector's salary be a guinea per week. In London, the
police were paid 18s. a week; we pay ours 14s. with about the same
amount of clothing, etc. At Plymouth the men were paid 18s. weekly,
the sergeants a guinea, the inspectors, 25s., and they have three
principal inspectors who are paid 30s. There, he believed, they had a
force of about 300 men; now surely an inspector of five men could not
have so much to do as where there was a greater number; and therefore
he thought the pay of a serjeant in Plymouth and other large towns
ought to be enough for an inspector in Truro. Considering that the
committee had thought another policeman necessary, he should support
Mr. HAWKE's motion, that the savings might go towards the expense of a
fifth policeman. Mr. J. BARRETT opposed the motion, on the ground that
they had had their inspector down specially from a situation in London,
and ought not to reduce his salary after ten or twelve years servitude.
Mr. CHAPPEL and Dr. BULLMORE also opposed the amendment, and on a
division two voted for and five against it. The Council then proceeded
to elect a policeman in the room of STAPLE. JOHN DENNIS, of Truro, was
recommended by Captain KEMPE, but could not write. JOSEPH WARD, of
Gerrans, put in excellent recommendations with a certificate from the
commissioners in London, he having been some years in the E division,
which he was obliged to leave from ill health. Mr. J. Barrett proposed
MARTIN TEAGUE, of Truro, and Mr. H. ANDREW seconded him; but Teague
being forty-seven years of age, was too old, there being a regulation
that those elected should be between twenty-five and forty. JOSEPH
WARD, aged twenty-eight, was therefore declared elected. This
concluded the business of the Council.
FALL OF A WET WALL - Owing to the very great quantity of wet during
the last month or two, a large part of a garden wall at Camden House,
Falmouth, was loosened, and on Friday night last it fell into an
adjoining courtlage with a tremendous crash, breaking in the roof of a
long shed belonging to a dealer in glass and earthenware, and doing
considerable damage. The persons living around were much frightened
till the true cause was known, but the occurrence taking place at
night, no person was near at the time.
THE LATE WRECK On the BRISON ROCKS - At the fortnightly meeting of the
Committee of the Royal National Institution for the Preservation of
Life from Shipwreck, held on Thursday last, in London, after awarding
various sums to boats' crews for rescuing lives from shipwreck, it was
agreed that the gold medallion of the institution should be presented
to CAPTAIN GEORGE DAVIES, Inspecting Commander of the Penzance Coast
Guard Station, as a mark of their appreciation of his gallant and
humane exertions in proceeding with his boat's crew (consisting of four
coast guard boatmen who are respectively to receive the silver medal of
the institution for so nobly seconding the efforts of their brave
commander) under his direction to the Brison rocks in a tremendous sea,
and at the imminent peril of his life firing a rocket apparatus from
the boat, and thereby being the happy instrument under Divine
Providence, of rescuing from their perilous situation the master (and
his wife who was his companion during the terrible night on the
solitary rocks, but who unfortunately died soon after she was brought
ashore) of the ill-fated brig "NEW COMMERCIAL," wrecked at that place
on the 11th inst. The committee also agreed that the gold medallion
should be presented to MR. T. R. FORWARD, commander of the
revenue-cutter "SYLVIA" in acknowledgment of the intrepidity and
self-devotion displayed by him on that distressing occasion; and his
brave crew of five men are each to be presented with a silver medal;
and the ten fishermen and the miner, in consideration of their daring
and valuable services in rescuing the Mulatto from a floating piece of
the wreck, are awarded GBP11, to be divided among them. We may observe
that Captain Davies has, on three different former occasions, been
presented with the silver medal of this old and valuable institution,
which never selected more meritorious acts of gallantry for the
distribution of its honorary and pecuniary rewards than those just
recorded.
ECCLESIASTICAL - The Rev. JOHN TURNER FISHER has been licensed to the
chapel of St. Anne, at Hessenford, in this county on the nomination of
the Rev. TOBIAS FURNEAUX, Incumbent of St. Germans.
BAPTIST CHAPEL ANNIVERSARY - The first anniversary services of the
opening of the New Baptist Chapel, Truro, were held on Thursday the
23rd, and Sunday the 26th ult. On Thursday evening and Sunday morning
sermons were preached by the Rev. J. JACKSON of Falmouth, and in the
afternoon and evening of Sunday, by the Rev. N. HAYCROFT, of Broadmead,
Bristol. In consequence of the illness of the minster of the
Independent chapel, that place of worship was offered for the evening
service, on which occasion it was densely crowded, many persons being
unable to gain admission. The collections amounted to between GBP18
and GBP19. The erection of the above place of worship was completed
about twelve months since, and with the purchase of the land, cost
about GBP1,700, of which GBP1,100 have been paid, and it is determined
to use every effort to liquidate the remaining debt as soon as possible.
MISSIONS - The anniversary services of the Primitive Methodists, at
Penzance, in behalf of the home and foreign missions of that society,
were held on Sunday and Monday last. The Rev. J. GRIEVES, from
Shropshire, Rev. W. NATION, the resident minister, Revds. R. TUFFIN and
J. WHITE, and Mr. JACOBS, of Poole, a converted Jew, took part in the
services, which were throughout very satisfactory, and the collections
almost double those of the preceding year.
PACKET INTELLIGENCE, FALMOUTH - On Sunday last, the "Linnet" packet,
Lieutenant JAMES, arrived with mails from the Brazils; she sailed from
Rio Janeiro on the 19th December, and has brought on freight about
GBP40,000 in gold, diamonds, &c., and several passengers. The
following ships of war were at Rio, - the "Southampton," "Portland,"
"Cormorant," "Conflict," and "Spider." The "Linnet" spoke on the 19th
December going into Rio, the "Petrel," with mails from Falmouth. An
arbitrary arrest, with violence, on a French Milliner by the public
authorities of Rio Janeiro, had led to great excitement among the
French residents and had been taken up by the French legation. The
result was not known when the packet left.
14 February 1851, Friday
STANNARIES' COURT - Tuesday February 11. - SHARE BARGAINS - BLAMEY v.
JEWELL. Mr. STOKES for the plaintiff; Mr. HOCKIN and Mr. ROBERTS for
defendant. This was an action on promises. The declaration stated
that plaintiff had bargained and agreed to buy of defendant, and
defendant had bargained and agreed to sell to plaintiff four 512th
shares in East Wheal Leisure, for GBP50 for the whole. That plaintiff
had always, from the time of making the bargain, been ready to complete
the purchase, and accept the shares at the price agreed on; but
although plaintiff within a reasonable time had offered to defendant to
complete the purchase, and had caused to be prepared and tendered to
defendant, on the 27th of November, the usual certificate or transfer
of sale, addressed to the pursers of the mine, Messrs. JOHN TAYLOR and
Sons, yet that defendant, not regarding his promise, did not complete
the sale and sign the certificate or notice so tendered to him; nor had
defendant at any time given notice to the purser of such sale, by
reason of which the shares had not been transferred into plaintiff's
name, and plaintiff had lost divers claims and profits, and sustained
damages. Defendant in his pleadings denied these allegations. Mr.
Stokes said the plaintiff was Mr. PHILIP BLAMEY, a respectable
woolstapler in Gwennap, and defendant was Mr. WILLIAM JEWELL, a farmer
in Perranzabuloe. He then gave a statement of the transaction between
the parties which gave rise to the action. The matter occurred at
Pearce's Royal Hotel, Truro, on Wednesday the 27th of last November,
and the particulars are detailed in the evidence. Mr. Stokes contended
that the sale was a good one; if a man in a public room, without
qualification, offers shares for sale at a price, and another says he
will take them, - in fairness and common sense it was but right that
the man who offers the shares shall sell them. The fact that the
defendant offered a sovereign to be off the bargain showed that he knew
what was the ordinary mode of dealing in this county, and that he knew
he had made a bargain which he was legally bound to observe, though he
tried to slip from the same by pretences that he would only take a
legal tender of Bank of England notes or gold, and which were in fact
offered him, but he then said he would not sell the shares at all. If
then the sale was good, the question arose as to the amount of damages
plaintiff should have on account of defendant's breach of contract.
Defendant said that night the shares were worth GBP25 each, and if so,
and if Mr. Blamey had purchased the four for GBP50, and sold them that
night, he would have gained GBP50; and now that appeared to be the sum
that Mr. Blamey was now entitled to ask for as damages.
Mr. Stokes then called Mr. STEPHEN MICHELL, of Truro, who deposed that
he had been a mine share broker for about seven years, and had been
concerned in mining transaction for many years before in this county.
On Wednesday evening the 27th of November, he was in the coffee-room of
the Royal Hotel, Truro. Plaintiff and defendant were there, and many
others. A conversation took place between them respecting East Wheal
Leisure mine. Defendant Jewell said he knew Mr. Blamey had shares in
that mine, and asked what he would sell them for? Mr. Blamey said he
was no seller. After some time defendant turned round to Mr. Blamey
and said he would sell him four shares, and Mr. Blamey asked, for how
much? He named GBP60. Mr. Blamey said, "I will give you GBP48."
Defendant said, "I won't take it;" but he said, "you shall have them
for GBP50." "I'll take them," said Mr. Blamey. Witness believed they
shook hands over the bargain. Mr. Blamey said, "Mr. Stephen Michell is
my broker, and there is a GBP50 cheque to pay for the shares." Witness
went out and brought back a printed form of transfer (now produced it).
Mr. Jewell then requested Mr. PETER MITCHELL to fill up the transfer,
and he (Jewell) would sign it. Mr. Peter Mitchell filled it up, and
then began the squabble about the money. Mr. Peter Mitchell presented
the transfer to defendant to sign. Defendant said he would have the
money first. Witness (Mr. Stephen Michell) said, "it is very unusual,
and therefore I will not give you the money before you hand over your
transfer." He continued in that way I should think for half an hour;
he would not take the cheque, but would have the money. When he
objected to the cheque, I said I will give you a lawful tender in five
minutes. I was willing to give him the cheque before he executed the
transfer, but not the money. This was about half-past nine or ten in
the evening. I said to Jewell I would give him on my own account GBP50
as a legal tender, but he should not have it before he executed the
transfer. He asked the reason. I said to him, "I will not allow Mr.
Blamey to be robbed in my presence, for after you have counted the
money and put it into your pocket, you may be dead before you write
your signature, and then the money would be our family's." I would
have given him the cheque before he signed, because payment of that
might have been stopped. I had a roll of Bank of England notes in my
pocket, and when I said I would pay him, I put my hand into my pocket
and believe I took them out. Mr. TEDDER was sitting opposite, and
said, "I will assist you with what money you want in Bank of England
notes." I said I am much obliged to you, but I have sufficient with
me. Mr. Jewell then offered Mr. Blamey a sovereign to be off the
bargain. Mr. Blamey declined, but said he would make it up for GBP10,
but he would only give him ten minutes to consider of it. The ten
minutes were given; after that Mr. Blamey withdrew his offer, and said
"now I will insist on having the four shares." Defendant said he would
give no more than he had offered. The value of the shares that day I
should think was about the price he offered to sell them for, GBP50 for
the four shares. Mr. Stokes - What was the price of shares the day
after? Witness - There was some discovery that night or the morning,
so on the day after GBP20 per share was offered and refused, and in a
few days after that I made GBP30 in this town. Some of the shares went
up to GBP33 or GBP34. I sold some at GBP28 or GBP29, and since that
they have been down to GBP15 or GBP16; now they have rallied again, and
GBP20 have been given within these few days. Mr. Stokes - Will you
explain to his Honour and the jury the usual mode of a broker in
dealings of this kind? Witness - I always receive the transfer first
even if it were for GBP1000. I have sold a share for GBP950, and had
the transfer and carried it away, and in ten minutes or twenty when I
fall in with the buyer, I have returned with the money.
Cross-Examined by Mr. Hockin - There were a great number of persons in
the room at the time; defendant wasted a great deal of time afterwards
in "chaffing" and abuse, and then he gave Peter Michell a glass of grog
for filling up the transfer. (Laughter) Mr. Hockin - And had not you
been drinking liquor at all? Witness - Perhaps I had. You said you
had an offer of GBP20 next day, who made you that offer? I have no
right to tell, to give up my correspondents. And a few days after you
make GBP30? I did, and in this town. Can you tell us to whom you sold
that share? If it is any benefit to you, and the Vice-Warden approves
of it. Mr. Stokes-It is not usual. The Vice-Warden-You say you made
GBP30 a share as broker, and Mr. Hockin now, in order to test the truth
of that, asks for the name of the party; I don't see why you should
not answer. Witness- Then it was Mr. JOB, the druggist, gave me GBP30
for the share,-now are you satisfied, sir? Mr. Hockin-No, not
altogether; when did you sell any more? Witness-I don't know, I don't
always make memorandums. Did not defendant say, if you will put the
money down on that end of the table, (pointing to the table) I will
sign the transfer? I think he did, but I insisted on his signing and
handing over the transfer before I paid the money. Witness further
said Mr. Blamey did not tell defendant he should not have the money,
but only the cheque, till the shares were registered in the cost-book.
Mr. Hockin also asked witness whether he recollected coming to his
office to give some account of this matter; he asked "did you say one
word to me then of having the bank-notes about you, or taking them out
of your pocket?" Witness-I did, and told you Mr. TEDDER, the
contractor for one of the mails, offered to assist me if I had not
enough; he said he had GBP40. Mr. Hockin-Are you in the habit of
walking about with GBP50 or GBP60 in bank-notes in your pocket? Yes,
sir, sometimes with a thousand pounds; when a man goes to market he
must be prepared to buy. (Laughter). Mr. Hockin-You took out the roll
of notes but would not put them down on the end of the table?
Certainly not, I would not see my client robbed by him or any body The
Vice-Warden - He has explained that by saying the man might die the
next minutes before he had completed the transfer, and then the money
would go to his executors. Witness further said he had no interest in
this matter; if Mr. Blamey got damages, it would be no benefit to him;
he had never sold more than two or three shares for him: he was there
to state the truth and nothing but the truth. Mr. Peter Mitchell, and
Mr. W. SALMON, builder, were also examined as witnesses.
The Vice-Warden, in summing up the case, observed that the mines of
this county, when well and regularly worked, afforded wealth to the
adventurers and employment to the population, as well as promoted the
mercantile interest, tending greatly to the interest of this county in
particular, and extending benefit to the whole country. There must be
some speculation in them, or their objects would seldom be gained; but
if they were made the subjects of mere broker's gambling, what was
called in London stock-jobbing transactions, they would only tempt
people into speculations and time bargains without the slightest
reference to working the mines, which would then only have an imaginary
value, like the South Sea scheme mentioned in history, or more
wonderful still, the Dutch gambling some century ago, for tulip roots.
This seemed like a time bargain on the Stock Exchange. You buy shares,
not with the intent of working, or keeping them and paying the costs to
see if they turn up good, and then selling for a reasonable or large
profit; but you buy to sell again to-morrow if the cry is up and the
market is free to sell. That seemed to him an unworthy usage of mining
shares, but if such came into that Court they must deal with it
according to law. There had been gambling in railroads even more than
in mine shares; and there were several cases which laid down, that in
actions for the non-delivery of shares according to contract, the
measure of the damage was the difference between the price of the share
as bargained for, and the price at the time when the contract was
broken. With regard however to the custom amongst brokers, or between
buyers and sellers of shares, no doubt many persons would trust each
other's good faith; but looking at the law of the question, it was
nothing more than a buying and selling, a giving and taking at the same
moment. If you go to a shop and buy goods, the shopman hands the goods
and you hand the money at the same time; for the shopman may say to a
stranger, "if you get the goods you may bolt out, and give me trouble
to obtain the money." And so in this case, defendant's business was to
sign the transfer, and hold it in his hand for plaintiff to take, and
to hold his other hand out for the money which plaintiff was to give.
He considered however, that the evidence showed defendant refused to
sign, because he believed the shares were worth GBP25 each, and that he
had made a bad bargain. There was therefore a breach of contract, and
that involved damages. But if they considered Mr. Stephen Michell's
estimate was right, that the shares were at their real value in GBP50
that evening, nominal damages would be sufficient, because the contract
was broken immediately after it was made. But they might not think Mr.
Michell's estimate of the value of the shares conclusive, for the
shares rose next day in consequence of a discovery, and as defendant
was absent from the coffee room ten minutes, when he came in and said
the shares were worth GBP25 each, he might have gained some
intelligence in the town which was not then known in the room. The
jury would consider the circumstances, and find damages accordingly.
Verdict for plaintiff, damages GBP30.
CLEMENS v. PENROSE and ANOTHER. Mr. STOKES and Mr. EDWARDS for
plaintiff: Mr. HOCKIN and Mr. EDMUND CARLYON for defendants.
Plaintiff is a mason of Truro, and defendants, Messrs. PENROSE AND
RUNDLE, reside near St. Austell. Defendants some time since took a
contract for building the district church of Treverbyn, in the parish
of St. Austell, and employed plaintiff to do the stone-masons' work.
He contracted to do this for GBP105, but now alleged that the work had
been so altered, and the contract so entirely departed from that he
must be paid by "measure and value." Mr. PEARCE, statuary, of Truro,
and Mr. OPIE, of Penryn, had valued plaintiff's work at GBP198. 1s.
9d.; besides which plaintiff charged GBP28. 18s. 2 1/2 d. for day
work, and another sum of 14s., making altogether GBP219. 13s. 11 1/2 d.
But he had received on account GBP100. 4s. 6d., leaving a balance of
GBP119. 9s. 5 1/2 d., and that was further reduced by defendants paying
into court GBP36. 3s. 6 1.2 d., which they contended was all they were
indebted. Plaintiff's two sons, the Rev. T. J. BENNETT, the
officiating minister of the church, and Mr. Pearce and Mr. Opie were
called in support of plaintiff's case. On the other hand, Mr. Hockin
called for the defence, Mr. STREET, the architect of the building. The
Vice-Warden decided on the evidence, that the original contract had not
been so far departed from, that the value of the extra work could not
be separately estimated; therefore, in law the contract price of GBP105
agreed to between plaintiffs and defendants was binding. But then
arose the question as to the extra work, the charge for day labour
being undisputed. Mr. Pearce and Mr. Opie estimated the extra work at
about GBP66 value, whilst the other side the architect estimated it at
GBP13. 8s. The jury found a verdict for GBP50, including the GBP20 for
day work, but exclusive of the GBP36 paid into court by defendants.
WILLIAMS and OTHERS, v. TWEEDY and OTHERS - Wheal Unity Wood West. -
This was a purser's petition, defendants being assignees in bankruptcy
of an adventurer holding shares in the above mine. A decree for
payment had been granted, and on affidavits of service and non-payment,
Mr. ROBERTS obtained an order nisi for sale of shares. In the case of
the same plaintiffs and defendants, but in respect to Wheal Unity Wood
East, Mr. Roberts also obtained a rule nisi for sale.
JONES v. LAWTON - Rocks and Treverbyn Mine. - A purser's petition.
On the motion of Mr. ROBERTS, an order nisi for sale of defendant's
interest in the mine was made absolute.
HENRY FRANCIS v. THOMAS SAUNDERS CAVE - Penberthy Crofts Mine - Mr.
STOKES said this was a creditors' petition against the defendant, and
an appearance was entered for him by the plaintiff, and proceedings
went on without his appearing before the Court during any part of the
progress of those proceedings. The machinery of the mine was sold, and
the proceeds applied to the satisfaction of the claims on the mine,
after which there was a balance in the Registrar's hands of GBP32. 1s.
3d. Defendant Cave, after that balance was ascertained, instructed him
(Mr. Stokes) to apply to the Registrar for the amount, but the
Registrar conceived that the matter should be moved before the Court.
The question now arose as to the practice in a case of this kind.
After consideration, the Vice-Warden said his object was to avoid two
motions, and therefore it appeared to him the form of the order must be
thus:- That Mr. Stokes be allowed to appear and act for defendant as
his solicitor, and to receive the money for him from the Registrar in
seven days, unless cause be shown to the contrary to the Registrar.
The motion must be served on plaintiff's solicitor, and there was no
need of a rule nisi, for if cause were not shown, the Registrar would
pay over the money in seven days.
TYACK v. MANLEY - Mr. CHILCOTT, on the part of plaintiff, said this
case was partly heard at the last sittings, and adjourned to the
present. It was a tributer's petition against a purser; but at the
close of plaintiff's case, defendant's advocate stated that he had been
misled. It appeared that plaintiff had sold ore at the Bissoe-bridge
smelting works, on which his claim amounted to GBP16. 16s. 1d., and
that he had also sold ore at Calenick smelting-house on which his claim
was a few shillings more, and by mistake he had claimed one amount in
his petition instead of the other. Since that, plaintiff had received
a portion of the money, and the remainder had been paid into court, so
that the only question remaining was as to the costs. Mr. Hockin was
about to make a statement on the part of defendant, but the Vice-Warden
said he would look over his notes before he dealt further with the case.
Wednesday, February 12. - IMPORTANT CASE - HARVEY and OTHERS v.
HIGGINS - This was a trial in equity; Mr. HOCKIN and Mr. CHILCOTT for
plaintiffs; Mr. ROBERTS and Mr. DARKE for defendants. This case was
partly heard at the last sittings, and as we then gave so full a
statement of the facts and arguments, a briefer report will now be
sufficient. The plaintiffs were the firm of Harvey and Co., of Hayle,
namely Messrs. NICHOLAS OLIVER HARVEY, JOHN HARVEY, and THOMAS
WHITFORD; the defendant was Mr. JOEL HIGGINS, the purser of Wheal
Reeth, and representing the adventurers. Plaintiffs had supplied goods
to Wheal Reeth, and now sought to recover their value. The supplies
were furnished in the first six months of 1849, when Mr. JOHN BATTEN,
of Penzance, was purser of the mine. For the first three months of
1849, there was no audit of the adventurers, but at the audit on the
18th of September, 1859, there appeared a balance of GBP540. 3s. 2d.
due to the purser. The plaintiffs' bill of GBP503. 13s. 9d., was
charged in that account by the purser. Messrs. Batten and Son were
adventurers in the mine as well as pursers. On the 27th of September,
after the accounts were audited, plaintiffs went to Messrs. BATTEN, and
received in payment of their account GBP3. 13s. 9d. and a two months'
bill for GBP500. The bill was signed by the acceptors, "John Batten
and Sons," and made payable at LUBBOCK and Co's., London. The Messrs.
Batten continued pursers of the mine till the 26th of October, 1849.
They made the necessary payments and received ore-bills from the 22nd
of August to the 26th of October, to the amount of GBP2731, the bills
being payable at thirty days after date. On the 14th of November,
Messrs. Batten failed, before their acceptance given to Messrs. Harvey
became due. Plaintiffs, however, had negotiated the bill, which was
presented and dishonoured. The bill being for GBP500, plaintiffs, on
Messrs. Batten's composition with their creditors, had received GBP300
on it, which sum had been paid "without prejudice." It had been since
ascertained that on the 27th of September, Messrs. Batten were in debt
to the adventurers GBP567, and on the 14th of November (the time of
their failure) they were indebted GBP498, on which the adventurers had
received a composition. These were briefly the facts, and defendants'
advocates went on to contend that Messrs. Harvey by taking the
acceptance, had discharged the mine from liability, and accepted Messrs
Batten as their debtors in lieu of the adventurers. In support of this
they submitted, that there were private accounts between Messrs. Batten
and Messrs. Harvey; that in those accounts this bill transaction
appeared; that the acceptance in question signed by Messrs. Batten, did
not mention them as pursers; that it was no part of the duty of a
purser to pledge the adventurers by accepting bills; that a purser
could not pledge the credit of the adventurers without their sanction;
that the adventurers had been prejudiced by plaintiffs' conduct; and
that plaintiffs had chosen Messrs. Batten as their debtor for a
sufficient consideration. Cases were cited to show that a person who
takes a bill will often take it as money, and if the bill should fail,
still he must be considered paid. The question also arose whether
plaintiffs had not remitted their lien on the mine whilst the bill was
current, and if so whether they could recover it again; and finally, it
was said that as the adventurers had been prejudiced by plaintiffs'
conduct in taking the acceptance, the latter were not in a position to
appear in a court of equity.
Since the last sittings, the accounts had been examined, and Mr. Darke,
for defendant, now submitted a statement to show that at the time the
acceptance was given by Messrs. Batten to plaintiffs, Messrs. Batten
were then in debt to the adventurers GBP1426. 12s. In support of this
he called Mr. JAMES NICHOLAS, who had been clerk to Mr. Batten, and Mr.
PHILIP MARRACK, one of the partners in the Penzance Bank, of which Mr.
John Batten was a partner up to the 31st of October, 1849, and where he
kept a banking account. Mr. Marrack deposed to the payment of tin
bills by Mr. Batten into his private banking account, and said that if
on the 27th of September, (when the acceptance was given to
plaintiffs,) Messrs. Batten had drawn a cheque for GBP500, it would
have been honoured by the bank. Messrs. Batten kept no separate
banking account for the mine, and the produce of those tin bills
afterwards went in reduction of the loss of the Bank through Messrs.
Batten overdrawing their account. Therefore, (Mr. Darke contended) by
plaintiffs taking the bill of Messrs. Batten instead of taking measures
to get a cash payment, they had caused the adventurers loss, for if
they had demanded payment, the attention of the adventurers would have
been directed to their purser's default at a time when he had money in
his hands. Plaintiffs' conduct having therefore entailed loss on the
adventurers, the latter ought not to be called on to pay the present
demand. Mr. Hockin for plaintiffs, contended that at the time the
acceptance was given to Messrs. Harvey, the purser had no such an
amount in hand belonging to the adventurers, as had been stated. His
objections applied to the including a sum of GBP453 received by Messrs.
Batten for supplies to the mine, and to a tin bill of GBP723, and other
particulars; besides which Messrs. Batten had to pay the labour cost of
the mine. He denied that Messrs. Batten were practically in cash so as
to be able to pay Messrs. Harvey's debt at the time they gave the
acceptance. He then proceeded at considerable length to reply to the
points urged by defendants. In conclusion he said the plaintiffs
sought to enforce the usual and customary lien which a supplying
merchant has against a mine, and he submitted that defendants, in a
court of equity, could not get rid of an admitted debt without showing
something more tangible and substantial than a mere legal argument, or
a possibility of advantage on one side or injury on the other. He
contended, however that nothing of the kind had been shown. But in
answer to defendant's case, he should prove what would be a most
material feature, namely, that the usual course of dealing in this
county was that adopted in the present instance; that in all cases
where a purser has not funds in hand, the system and usage of this
county is to pay by bills. In fact in all cases where a purser has not
funds in hand, but where a mine has tin bills coming in, the ordinary
and usual practice was to give bills to the merchant; and he believed
no man ever heard of that being objected to before the present case, or
that it was considered the merchant, by taking those bills, abandoned
any other remedy to which he was entitled. The condition of a bill
would unquestionably be a contract to wait for payment a certain time,
but beyond that it would not go. Plaintiffs had taken bills in this
way to the amount of GBP25,000 a year; and if such a usage was so
extensive in the county, it must be inferred that it was beneficial.
If then it was beneficial, he trusted the Court would hesitate before,
on the authority of some old law cases, it put a stop to the
established usage. Mr. Hockin also replied to cases mention on the
other side, and cited others in support of plaintiffs' case.
Capt. WILLIAM RICHARDS, of Redruth was called and then examined by Mr.
Chilcott and cross-examined by Mr. Roberts. Mr. JOHN TREDWEN, examined
by Mr. Hockin - was a merchant, in business with his father at Padstow,
and had been connected with that business for fifteen years. Had been
in the habit of supplying goods to mines, and had generally been paid
by the pursers' acceptances. In such cases, he did not look to the
purser individually for payment, but to the adventurers; the bill was
for supplies to the mine; it had never occurred to him that by taking
the purser's acceptance, he lost any advantage as against the mine and
materials on it. This practice was general in his part of the county.
It being five o'clock, the remainder of the case was adjourned.
WOOLCOCK v. BROWN - In this case, tried on Monday with verdict for
defendant, Mr. CHILCOTT now obtained a rule nisi for a new trial on the
ground that the verdict was against the weight of evidence.
Thursday, February 13. HARVEY and OTHERS v. HIGGINS. - The
examination of witnesses was continued this morning, on the custom of
the county with regard to pursers giving acceptances to merchants for
goods supplied. The following witnesses were examined on this point,
their evidence being in effect similar to that of Captain WILLIAM
RICHARDS and Mr. TREDWEN, given yesterday; Mr. WILLIAM BAYNARD,
merchant, Truro; Mr. PADDON, Truro, who had been a merchant nearly
forty years: Mr. RICHARD TAYLOR, purser and manager of the United
Mines; Mr. G. A. KNIGHT, Truro, who had been connected with mines for
many years and purser of several; Mr. JOHN TIPPET, Truro, who had been
largely connected with mines for many years; Mr. G. N. SIMMONS, Truro,
who had been largely concerned in mines for some years past as an
adventurer and purser; and Mr. W. J. RAWLINGS, Hayle, cashier to
plaintiffs. Mr. Chilcott then summed up the evidence, submitting that
on the whole the custom of pursers giving acceptances to mine suppliers
was most beneficial to the county, and ought to be supported. That
independently of any convenience, it ought to be supported on the
principle of the cases he had cited; because it was found that the
plaintiffs had tried to get cash, and only took the acceptance when
they could not get cash; because the taking that acceptance was the
usual mode in the county; and because the taking it was no benefit to
the plaintiff or detriment to the defendant. Mr. Roberts then replied
on the whole case. The Vice-Warden has intimated that he shall give
his judgment during the present sittings, in which case we shall report
it next week.
JAMES RAWLINGS and OTHERS v. FRANCIS BARRETT - Roche Rock Mine - This
was a creditors' petition. Mr. STOKES said he had obtained a decree
for payment by defendant of GBP63. 18s. 9d., with costs. The decree
was pro confesso, payment to be made within ten days after service, and
he now moved (on affidavits of service on defendant at St. Austell, by
Mr. BISHOP, solicitor, and others) for a rule nisi for a decree of
sale. Mr. Stokes said he had nine other creditors' petitions against
the same defendant, some for considerable and others for small sums.
He had obtained decrees for payment in all of those cases, and the
question was, whether before he obtained a rule nisi on either of them,
he ought not to consolidate the whole, and obtain a general rule nisi.
The Vice-Warden, after consulting with the Registrar, said the expense
would be so great of having separate rules nisi, that the cases had
better be at once consolidated, and if any inconvenience arose, the
courts must find a way to deal with it. He then granted Mr. Stokes's
motion, first to consolidate the cases, and then for a rule nisi for
sale on the affidavits produced, and in respect of the consolidated
cases.
Monday, February 10. (Small debt cases) - CHRISTOPHER, v. NICHOLLS
- Mr. ARUNDEL ROGERS for plaintiff, and Mr. STOKES (for Mr. ROSCORLA)
appeared for defendant. Plaintiff was Mr. NICHOLAS CHRISTOPHER, of
Zennor, and defendant, Mr. HENRY NICHOLLS, of the same parish. The
plaint set out that the action was brought for recovery of GBP30 on a
memorandum in writing given by defendant to plaintiff, on his advancing
a certain sum of money for the use of THOMAS and JAMES OSBORNE, at the
request of defendant. This memorandum or note was as follows:-
"Zennor Church-town, January 20th, 1850. Dear Sir, I recommend you to
let Thomas and James Osborne have the use of your cash, as they say
they will restore it again to you in about two months' time, and if you
are afraid of being defrauded by him of the same, I will see the same
restored to you again. Yours, &c., HENRY NICHOLLS."
Mr. Stokes objected that this document could not be received in
evidence, because it was not stamped. On this point he cited from
Roscoe's "Digest of Evidence," the 35th Geo. 3rd, or general stamp act,
which was still in force, excepting as regards the reduction of the
stamp duties. There were several exemptions in that statute, but
neither of them were applicable to the present case. The document in
question was virtually an agreement, or at all events a guarantee; and
not relating to the sale of goods, but to cash, it could not be
included within the fourth exemption of the statute. The Vice-Warden
reserved the point, and directed the case to go to the jury. Mr. A.
ROGERS then called witnesses, but there being links of evidence
incomplete, to remedy which the presence of Mr. Roscorla, or Mr.
PERMEWAN, of Penzance, would be necessary, the plaint was eventually
withdrawn.
MRS NORWAY, Wadebridge, V. WM. SANTO, St. Winnow. - Verdict for
plaintiff, GBP15. 12s., rent due for use and occupation of a house and
field by defendant.
TICKELL and RENDELL, Surgeons, Wadebridge, v. JOHN HOSKEN, jun. -
Verdict for plaintiffs, GBP2. 10s. 7d. for professional attendance. In
another case, Messrs. Tickell and Rendell recovered GBP2. 19s. 6d. from
WILLIAM HOSKEN, Egloshayle, also for professional attendance.
WOOLCOCK v. BROWN. - Mr. CHILCOTT for plaintiff, and Mr. STOKES for
defendant. Plaintiff, (a blacksmith at Lanivet), claimed GBP17. 12s.
3d. for work done and goods supplied to defendant, who is a farmer.
Defendant had paid GBP3 into Court, which reduced plaintiff's claim to
GBP14 odd. Witnesses were called to depose to conversations in which
defendant admitted he was indebted to plaintiff. The defence was that
arbitrators had been appointed by the mutual agreement of the parties,
who had found that defendant was indebted to plaintiff up to Michaelmas
last, only GBP3, including GBP1 due on a former account. The
arbitrators, Mr. IRELAND, grocer, Bodmin, and Mr. JOHN TRELEAVEN, gave
evidence, and witnesses were also called to prove the supply of wood,
&c., by defendant to plaintiff. But the question was whether the
payments of money by defendant to plaintiff, which the arbitrators
found entered in an account book, applied to the reduction of
plaintiff's demands up to Michaelmas, 1850, or to Michaelmas, 1849.
The arbitrators considered that the payments applied in discharge of
accounts to Michaelmas, 1850; and so thought the jury. Verdict for
defendant.
ELLIS v. JAMES - An undefended case, in which Mr. ROBERTS APPEARED
FOR PLAINTIFF, A BREWER OF Hayle. The action was to recover a sum of
GBP31. 19s. 1d., the balance of an account for beer supplied to the
defendant, an innkeeper. It appeared from the evidence of plaintiff's
son, that the defendant was altogether indebted to plaintiff in the
amount of GBP48 including GBP16 for rent; but the plaintiff had chosen
to limit his claim to GBP31. 19s., the balance of an account for beer
supplied; and for this amount the jury gave a verdict for plaintiff.
ELLIS v. HOSKIN - This was an undefended action by the same plaintiff
against another innkeeper, for the recovery of GBP20, which it was
stated was GBP8 less than was actually due. Verdict for plaintiff
GBP20. These cases were proved by FRANCIS SODDY, who served the
summonses, and CHRISTOPHER ELLIS, the plaintiff's son and bookkeeper.
PENGELLY MINE - POPHAM v. COATES and OTHERS. - Mr. T. ROGERS stated
that this petition was filed on Saturday last. Its object was to
obtain an injunction to restrain the defendants, their agents and
workmen, from carrying on any further operations on a mine called
Pengelly, in the parish of Crowan, and from further removing tin or tin
ore from the mine. The circumstances of the case were as follows:- On
the 26th of April last, Mr. Popham, the plaintiff, granted to two of
the defendants - Mr. COATES and Mr. GUSTARD, a license to search for
minerals for six months, in an old mine, on part of an estate called
Pengelly. That license expired on the 26th of October last. During
those six months, the plaintiff and his toller, SAMUEL ADAMS, made
frequent complaints to the defendants of the unminerlike manner in
which they were carrying on their operations. A few days before the
26th of October, the defendant Coates, produced to the plaintiff and
his toller a list of adventurers, as had been required by the terms of
the license, as preparatory to the granting a sett. By the terms of
the license, the defendants agreed to pay one-eighteenth dues on all
metals and minerals raised within the limits marked out, and to
indemnify the plaintiff for all costs and charges which he might be
called on to bear in respect of any inquiry or damage done in the
course of the working; they also agreed to continue to employ nine men
during the six months, it being understood that a mine sett, with the
usual covenants, should be granted to them at the end of the six
months, provided the terms of the license were kept, and that the list
of adventurers should be approved of by the plaintiff. Mr. Rogers
proceeded to state that the operations were most unsatisfactory, and as
had been sworn by the plaintiff and his toller, were ineffectual and
inefficient. During the whole six months, the defendants had not sunk
a shaft; they had merely worked on the back of the lodes, and had done
nothing at all below the adit level. On complaint being made, the
defendant Coates, who resides in London, promised to send down GBP50 to
secure the effectual working of the mine, and as an inducement to grant
a sett. The plaintiff said if they would send that money and get a
suitable list of adventurers, he would grant a sett. The money,
however, never arrived, and on the 28th of October, the plaintiff sent
his toller to forbid the defendants proceeding with any further
operations. The toller saw the defendant Nicholas - a working miner -
and forbad further operations. The defendant, however, had gone on
digging out the eyes of the mine, taking away all the tin which they
could raise without much difficulty, and would continue so to do,
unless restrained by his Honor's injunction. They had erected no
engine, and had not drawn a drop of water from the mine during the six
months. Since the expiration of the license, various quantities of tin
had been raised and sold by the defendants, without rendering any
account to plaintiff. The present object of the plaintiff was to
restrain the defendants by injunction until the case should have been
heard. At the present time, as his Honor doubtless was aware, persons
were looking out for mine setts. The plaintiff had been applied to by
respectable parties for a sett of this mine, and he was suffering
seriously in consequence of the defendants continuing in possession of
the mine and working it in an unminerlike manner. His Honor took time,
to read the affidavits referred to.
ROCKS MINE - KENTWORTHY v. LAW - A purser's petition against
defendant for unpaid calls. There had been a decree for payment of
GBP100, dated the 7th of January last; and, on affidavits of service
and non-payment, Mr. ROBERTS now moved for rule nisi for sale of
shares. - Granted.
JONES v. GYTE - This was a purser's petition in the same mine. There
had been a rule nisi for sale of defendant's shares for costs amounting
to GBP5. On motion by Mr. ROBERTS, and no cause shown, the rule was
now made absolute.
Tuesday, February 11. PENGELLY MINE - The Vice-Warden gave judgment
on the application for an injunction in this case. He remarked that
the defendants were trespassers removable by an action at common law,
and therefore he should not issue an injunction to restrain them from
working the mine. He could not see that any irremediable injury had
been, or was being committed, and for that reason he should simply
grant an injunction to prevent any ores being carried away until by law
the rights were ascertained. He would have appointed a receiver in the
case, but that plan was expensive. His Honor expressed an opinion that
it was always preferable to come to terms in mining matters, rather
than resort to law. He also observed that though there had been
several complaints on the part of plaintiff, of the manner in which
defendants did their work during the time of their experiment, yet
there was no condition respecting the manner of working contained in
the license; he should be of opinion that where a person takes a
license to work an old mine, the very search itself must be in only an
experimental way - differing from the ordinary and regular course of
working.
SIMMONS v. MARTIN - Carvannal Mine - This was a purser's petition,
on which Mr. G. N. SIMMONS had obtained a decree for payment on or
before the 6th of January. On affidavits of service and non-payment,
he now obtained a rule nisi for sale of defendant's shares. In the
case of WM. HENRY MARTIN, Mr. Simmons obtained a similar rule nisi for
sale.
NICHOLL v. CUNDY - Mr. PAULL appeared for plaintiff, Mr. WILLIAM
NICHOLL, of Redruth, and Mr. BENNALLACK for defendant, Mr. WILLIAM
CUNDY, of Illogan. The claim was for GBP12. 2s. 7d., a balance of
account for goods supplied to defendant's wife before her marriage to
him. After the examination of witnesses, an objection was taken by Mr.
Bennallack, and held valid by the court, that the summons did not
rightly particularize a larger amount than GBP6. 2s. 5d. out of the sum
claimed. On the alternative being submitted to Mr. Paull, of
withdrawing the plaint for the purpose of amendment, or accepting a
verdict for GBP6. 2s. 5d. he chose to adopt the latter course, and a
verdict for plaintiff was given for that amount. His Honor observed
that this was one of the cases which afforded warning to men about to
marry to look around them, or it might be found that besides marrying a
wife, a man might also do much more - he might also marry her
creditors; as long as his wife lived, he would be liable for all the
debts she had contracted when single.
ELLIS v. PENHALLIGON - Plaintiff was Mr. CHRISTOPHER ELLIS, of Hayle,
spirit merchant; defendant, Mr. HUGH PENHALLIGON, of Helston. The
action was brought for recovery of GBP50, balance of account for rent
of dwelling house and premises, held from June, 1847, to November 1850.
Verdict taken by consent for GBP35. Mr. Roberts for plaintiff.
ELLIS of Hayle, v. MURLEY, of Gwinear. - Action brought for recovery
of GBP30 for goods sold and delivered, Verdict taken by consent for
GBP15.
REYNOLDS v. MAY and ANOTHER - Mr. CHILCOTT and Mr. BENNALLACK for
plaintiff; Mr. STOKES for defendants. Plaintiff sued defendant, and
his wife (who was the administratrix of MARK PETER) for a certain sum
as compensation for the maintenance of Mark Peter, who was the brother
of Mrs. May. Mr. Stokes, on the part of defendants, consented to a
verdict for GBP50. Verdict accordingly.
TO THE EDITOR OF THE WEST BRITON. February 3rd, 1851. - The Brig
"New Commercial," Captain SANDERSON, wrecked on the rocks known as the
Brisons, or Two Sisters, in Whitsand Bay, on Saturday January 11, 1851.
Sir - The late awful shipwreck in this locality having caused great
excitement, I was not surprised when I heard that conflicting
statements were in circulation respecting the comparative merits of the
gallant men who rendered efficient service on that occasion. But as
such vague rumours frequently originate with parties who have sinister
motives in spreading them they need not (generally) claim much of our
attentions. If, however, unintentionally or otherwise, misstatements
appear in the public journals, or if the courageous and praiseworthy
acts of poor men (who are incapable or who might refrain from doing it
themselves) are not sufficiently made known, it seems to be the duty of
some one, after diligent inquiry, to correct the first and also to
bring the services of the latter more prominently before the public.
In the times newspaper of January 31st, is the following paragraph:-
"THE LATE WRECK ON THE BRISON ROCKS - Yesterday at the fortnightly
meeting of the committee of the Royal National Institution, for the
preservation of life from shipwreck, after awarding various sums to
boat's crews for rescuing lives from shipwreck, it was agreed the gold
medallion of the institution should be presented to Captain GEORGE
DAVIES, inspecting commander of the Penzance Coast Guard station, as a
mark of their appreciation of his gallant and humane exertions in
proceeding with his boat's crew, (consisting of four Coast Guard
boatmen, who are respectively to receive the silver medal of the
institution, for so nobly seconding the efforts of their brave
commander), under his direction to the Brison rocks, in a tremendous
sea, and at the imminent peril of his life, firing a rocket apparatus
from the boat, and thereby being the happy instrument under Divine
Providence, of rescuing from their perilous situation the master and
his wife, (who was his companion during the terrible night on the
solitary rocks, but who unfortunately died soon after she was brought
ashore), of the ill-fated brig "New Commercial," wrecked at that place
on the 11th instant. The committee also agreed that the gold medallion
should be presented to Mr. T. R. FORWARD, commander of the Revenue
cutter "Sylvia," in acknowledgment of the intrepidity and self devotion
displayed by him on that distressing occasion; and his brave crew of
five men are each to be presented with a silver medal; and the ten
fishermen and the miner, in consideration of their daring and valuable
services in rescuing the mulatto from a floating piece of the wreck are
awarded GBP11 to be divided among them. We may observe that Captain
Davies has on three different former occasions been presented with the
silver medal of this old and valuable institution, which never elected
more meritorious acts of gallantry for the distribution of its honorary
and pecuniary rewards than those just recorded."
Now the portion of that paragraph on which I shall make a few remarks
is as follows:- "And the ten fishermen and the miner in consideration
of their daring and valuable services in rescuing the mulatto from a
floating piece of the wreck are awarded GBP11 - to be divided among
them." It would appear, therefore, from the above, that ten fishermen
and a miner were engaged in rescuing the mulatto from the wreck, when
in truth, five "daring fishermen" only, in the boat "Grace," gallantly
left Sennen Cove on the Saturday, contrary to the entreaties and wishes
of their relatives, and to the consternation of comparatively brave men
who witnessed it; and having proceeded to the extremity of Whitsand
Bay, off Cape Cornwall, succeeded, unassisted, in preserving the life
of the mulatto. Upwards of an hour had elapsed (from the time of the
rescue) when, nearly opposite Sennen Cove, they were met by the
"Sylvia" cutter which was proceeding in the direction of the wreck on
the same humane errand. Names of the crew of the "Grace" on that
perilous day (Saturday), WILLIAM ROBERTS, JOHN PENDAR, THOMAS NICHOLAS,
MATTHEW NICHOLAS, and JOHN NICHOLAS,) and in the afternoon was the
fortunate boat in taking Capt. SANDERSON from the rock as the statement
of WILLIAM ROBERTS, which I have given as nearly as I could in his own
words, will confirm. And here I may mention that I have read that
statement to Capt. Sanderson, to the Coast Guard at Sennen Cove, to the
remainder of the crew of the "Grace," and to SAMPSON NICHOLAS (pilot to
Capt. Davies), and, so far as they had an opportunity respectively of
judging of its contents, they all said it was true.
The boat "Two Brothers" was actively engaged on the Sunday, and her
crew only (of the fishing boats) was entitled to be classed with the
crew of the "Grace" on that day. But in the distribution of the GBP11,
the crew of the "Grace" have only received GBP5 for rescuing the
mulatto on Saturday, and for having taken Captain Sanderson from the
"Brisons" on Sunday, whilst the crew of the "Two Brothers" have
received an equal share (GBP5) for their services on Sunday. But I
have not yet enumerated the whole of the merit which belongs to the
crew of the "Grace" on the 2nd instant, (February) that being the first
day since the late shipwreck on which a landing could be effected on
the Brisons. William Roberts was foremost in setting his foot on that
desolate rock; its name Brison in the Cornish language signifies a
prison. He was in quest of any thing which the late much lamented Mrs.
Sanderson or her husband might have left there, but few articles
however were found, those he gave in charge of Mr. MAXEY, officer of
the coast guard. I have already hinted in this letter that my object
in writing it was to represent more particularly the services of poor
men, who were either incapable of doing it, or would rather refrain
from bestowing eulogy on themselves, and so far as I have been able to
obtain information on the subject, I have faithfully performed that
duty. I should be guilty, however of a most unpardonable omission were
I to leave unnoticed the gallant conduct of Captain Davies, R. N., late
Inspector of the Coast Guard, who, at great peril to his life, fired
the rocket which conveyed the line to the rock, and thereby rendered
the inestimable service of opening a communication between it and the
boats in attendance. The noble conduct of Mr. Forward of the "Sylvia"
and his crew in their attempt to approach the Brisons on the Saturday,
and the dauntless manner in which they encountered the surf in their
endeavour to save Mrs. Sanderson on Sunday, deserve the warmest
commendation and thanks. The services of the Coast Guard also from
Sennen Cove should not be forgotten, they having attempted to throw a
line to the Brisons on Sunday morning at great personal risk. They did
not succeed, but the act was most meritorious. I was an eye witness to
the indefatigable exertions of Mr. and Mrs. Maxey in their endeavours
to resuscitate Mrs. Sanderson after she was brought on shore, but have
reason to believe she expired soon after she was taken into the boat of
the "Sylvia." The attention and sympathy of Mr. and Mrs. Maxey were
next bestowed on the bereaved husband, who doubtless will gratefully
remember the kindness and hospitality he has received from them.
A few more words respecting the "fishermen." It is the opinion of many
of my friends, in which opinion I concur, that notwithstanding when
money only, or medals only, are to be awarded to poor men for
meritorious actions, the former would generally be the most beneficial
to them, yet in this instance of the crew of the "Grace" - men who
behaved so nobly in rescuing the mulatto - in taking Capt. Sanderson
from the Brisons, and, in fact, from first to last, since the late sad
catastrophe, have so ably performed their part, it would seem to be a
source of regret, if, in addition to money, they were not to receive
medals, or some other lasting memorials, for their bold and intrepid
conduct. Well might "Nauticus" say of the "Grace" (in the letter which
accompanied his donation to the mulatto and the poor fishermen) "so fit
a name for the boat of such a crew." I am, Sir, Your most obedient
servant, JAMES TREMBATH.
P.S. - I regret that I have reserved for a postscript that which I
intended to have mentioned before; Mr. JAMES of Bonowall, in St.
Buryan, Mr. S. H. JAMES, his son, of St. Just, with Mr. ALFRED
CHENHALLS, Mr. BOYNS, and others, of the same parish, were most
actively engaged on the Saturday in sending messages to Sennen Cove,
St. Ives, and elsewhere, with the hope of having the poor mulatto
rescued (if possible) from the wreck. It was those gentlemen who
prompted the crew of the "Grace" to embark from Sennen Cove on that
eventful day. Mayon House, Sennen, near Penzance, February 5, 1851.
Statement of WILLIAM ROBERTS, one of the crew of the boat "Grace" who
succeeded in taking ISAAC WILLIAMS from the wreck off Cape Cornwall, on
the 11th January, and Captain Sanderson from the Brisons the day
following:- On Saturday the 11th of January, about eight o'clock in
the morning, I was informed in my own house that there was a wreck on
the Brisons. I went to Cove to try if I could get a crew to go there
to see if any man was in danger, and if so to save his life if
possible. I got men to assist me in launching the boat nearly to the
beach, when some of them, who meant to have gone, refused, in
consequence of the rough sea. The boat was then drawn up to the place
from whence she was taken, but I remained in the Cove. About one
o'clock in the afternoon, Mr. Boyns of St. Just, came to Cove and
inquired for me and said there was a man on the wreck to the back of
Cape Cornwall, that he had been sent down to request I would go up and
try to save his life, and promised five pounds for doing so. I told
him I would not go for any money, but I would do so to save the poor
man's life. I got a crew with some difficulty and succeeded in taking
the man from the wreck. "On my return home from Cape Cornwall I saw a
man on the Brisons who waved his hat to me, and I made him understand
that I saw him by taking off mine and doing the same. The sea was then
so rough that it would have been quite impossible to have taken him
from the rock. About six o'clock on the following morning (Sunday) I
again engaged a crew and went to the Brisons, having in the boat such
lines, ropes, &c., as I thought would have been sufficient to take the
man (or more persons, if there,) off the rock. I conversed with
Captain Sanderson immediately on my arrival there, who thought it would
be best to defer any attempt to take him off till the evening, that
being the time of low water, Captain Sanderson also asked me to remain
near till then, but that was unnecessary, as after the line was thrown,
I took him off before low water. "The boat which arrived at the
Brisons on Sunday morning, next to mine, was the "Two Brothers"
belonging to SAMPSON NICHOLAS, "of the cellar," but he left soon
afterwards and went outside the rock.
"Matthew Nicholas's boat, the "Friends' Delight" was the next which
came, but did not remain long because the crew went back to the Cove
for a musket and brought it to the Brisons with the hope of firing a
ramrod, with a line fastened to it, over the rock. Then came the boat
belonging to the Coast Guard at Sennen Cove about the time of half
flood-tide, when I agreed with the crew of her that we would help each
other. They then proceeded towards the rock and tried to throw a line
over it by means of a lead attached, but the lead unfortunately struck
one of the boat's oars and it fell short. No other attempt was made to
throw a line until Capt. Davies arrived with the rockets, who alone and
in the boat, I believe, in which he came from Pendeen, fired the second
rocket successfully. The "Two Brothers" returned again and Sampson
Nicholas was pilot to Capt. Davies, that boat and the boat from the
"Sylvia" cutter were then put in position to take Mrs. Sanderson from
the Brisons, the sea, however, was so rough at the time she jumped into
the water that it was impossible to save her life. Mrs. Sanderson was
taken from the sea into the cutter's boat and Capt. Davies went into
the boat where she was immediately. I then pulled up my boat to Capt.
Davies and asked him if he would let me try to take off Capt.
Sanderson, when he said "You, or any one else." I soon afterwards made
the attempt and succeeded. As soon as Capt. Sanderson was in my boat I
took off his wet clothes and put on him dry ones from my own person,
and some from THOMAS NICHOLAS one of my crew. We then proceeded to
Sennen Cove and arrived in safety."
SHERIFFALTY - We understand that Mr. WILLIAM WILLIAMS, the High
Sheriff of this county, has appointed Mr. P .P. SMITH, of Truro, the
Under Sheriff, and Mr. WHITFORD of St. Columb, the County Clerk.
MARRIAGE WITH A DECEASED WIFE'S SISTER - We are glad to learn that a
petition to the House of Lords, from the town of Truro, has obtained no
less than 248 signatures, including the names of many of the most
respectable and influential inhabitants of the town. Petitions
numerously signed have also been sent up from St. Agnes, Grampound, and
Tregony.
REDUCTION OF RENTS - At the recent audit of Mr. JOHN HEYWOOD
HAWKINGS, held at the Cornish mount Inn, Probus, that gentleman,
through his agent, Mr. TRETHEWY, made the liberal reduction to his
tenantry of twenty per cent.
Mr. BERNARDO EAGLE - Mr. EAGLE requests us to publish the following,
in answer to a statement given by Mr. ISAAC LATIMER in last week's
paper:- It is with great surprise that I find a letter in your paper
signed Isaac Latimer, charging me with reading a letter at Liskeard,
purporting to come from him denying any opinion that might have
appeared in the Plymouth Journal. In the first place it is now nine
weeks since I visited Liskeard; his own correspondent was present, and
it is rather singular he did not mention it before this, but the truth
is I never did read such a letter either publically or privately, which
can be testified on oath by persons of Liskeard and by my own company.
Mr. Latimer's former attacks on my character as a public performer, did
me to some extent an injury; though not with the one and all Duchy.
This last vindictive act charging me with forgery, I have placed in the
hands of legal advisers. This public refutation being placed in your
columns, will greatly oblige your's and the public's obedient servant,
G. B. EAGLE."
METEOROLOGY - We understand, on the authority of Mr. H. TREBY, that
the rain which fell at Landue, near Launceston, during 1850, amounted
to 49.94 inches, the falls having occurred on 174 days. At St. Breock,
near Wadebridge, the quantity was 35.66 inches, on 199 days. An
observer at Bodmin informs us that the quantity which fell there during
last years was 40.72 inches, which he considers to be seven inches
below the average.
PRESENTATION OF MEDAL FROM THE ROYAL HUMANE SOCIETY - It will
probably be in the recollection of our readers, that in August last, a
boat containing four individuals was upset in Mylor Creek, when Mr.
TRESEDER, nurseryman, of Mylor Bridge, was unfortunately drowned. One
of the party swam ashore, and the other two were saved by the presence
of mind and prompt exertions of a lad, son of Mr. WILLIAM HAWKE, of
Flushing. The circumstances were made known to the Royal Humane
Society, who awarded Hawke a bronze medal, and a vote of thanks
beautifully inscribed on vellum. These were transmitted for
presentation through the Falmouth Humane Society, and on Wednesday
last, Mr. R. W. FOX, F.R.S., the President of this society, presented
them, with some appropriate remarks to Hawke, in presence of a large
company of gentlemen of the town and neighbourhood. The following is a
copy of the vote of thanks:- "Royal Humane Society, Instituted 1774,
supported by voluntary contributions; Patroness, Her Majesty the Queen;
Vice Patron, H. R. H. the Duke of Cambridge, K.G.; President, His Grace
the Duke of Norfolk, E.M. At a meeting of the committee of the Royal
Humane Society, holden at their office, 3 Trafalgar Square, on
Wednesday 15th of January, 1851, BENJAMIN HAWES, Esq., in the chair, it
was resolved unanimously, that the courage, promptness, and cool
self-possession displayed by WILLIAM HAWKE on the 3rd of August, 1850,
in a dark night by wading out to a small Norwegian boat called a prame,
unmooring her, and rowing to the assistance of JOHN MITCHELL and JOHN
TREGENZA, who had been upset from a boat near Mylor Creek, Falmouth,
Cornwall, and by whose judicious exertions, in which his own life was
endangered, both lives were saved; has called forth the lively
admiration of this committee and justly entitled him to its sincere
thanks, inscribed on vellum, in addition to the honorary bronze medal
of this society, which are hereby awarded. (Signed) Norfolk,
President; Benjamin Hawes, Chairman; J. CHARLIER, Secretary.
SEASONABLE BENEVOLENCE - Capt. OATES, of Roseinvale, in
Perranzabuloe, has placed in the hands of a committee of gentlemen the
sum of GBP20 to be distributed among the industrious poor of that
parish. He has also entrusted the same sum to a committee at St.
Agnes, for similar purposes. These liberal donations are given in
addition to his handsome subscriptions to the Benevolent Societies of
both parishes, and his yearly distribution of coal and clothing at
Christmas.
DISASTERS AT SEA - The schooner "Nimble," of Penzance, Captain MARTIN
ELLIS, belonging to Mr. JOHN ORGALU, bound from Malta to Mogadore, with
a cargo of barley, arrived at Mogadore on the 11th of December. On the
21st, in a gale of wind from N.E. she parted both cables, eighty
fathoms each cable, and drove ashore. The crew left the vessel
directly the cables parted, and went on board the schooner "Midge" of
Exeter, where they remained a week, and then went ashore, where they
continued a fortnight under the care of the Consul. SAMUEL YOUNG, one
of the crew, came home in the schooner "Skyrocket," of Rye, and arrived
on the 2nd of February, at Dartmouth. He was sent to Plymouth on
Wednesday week, on which day he proceeded to Penzance by coach.
FARM POSSESSION - On Monday last, Mr. CORYTON ROBERTS, and the Rev.
SAMUEL WALLIS ROBERTS, county magistrates, attended at Landulph, to
give Mr. JOHN HEARD (the owner) possession of a deserted farm, in
accordance with the statutes 2 Geo. 2, cap. 19, and 57 Geo. 3, cap. 52,
the information and notice hereby required, having been previously made
and affixed. It appears the tenant who deserted the premises, a Mr.
JOHN McCOURT had no cause of complaint against his landlord, who had
acted most liberally towards him.
CALLINGTON - At a petty sessions held on Thursday last, after some
parochial business was transacted, the following cases were heard:-
Captain KEMP of the Wheal Trelawny mine was summoned by six men for the
sum of GBP21. The men said they were employed at so much per stem, but
the captain said it was tut-work. After a good deal of discussion it
was at last resolved to refer the case to arbitration; Captains
OSBORNE and DUNSTAN are appointed to value the work.
Mrs. RICKARD, of Gunnislake, summoned JOHN MADAVAR for an assault under
the following circumstances:- Madavar lodged with Rickard and owed the
sum of GBP3 for lodgings, he wanted to carry away his box, when Mrs.
Rickard with the servant maid endeavoured to prevent him, and in the
scuffle Mrs. Rickard said Madavar struck her - fined 6d. and expenses,
the man said he had no money, committed for ten days.
JOHN GRAY was summoned by RICHARD GUESS for an assault. Gray admitted
the assault, but stated that about a year and half since his wife had
packed up her clothes and gone away with the plaintiff, leaving him
with five children, the youngest only three months old. The woman is
now in the union house at Launceston, and the assault took place on his
first meeting with Guess after they went - fined 6d.
JOHN BUDGE, was summoned by Mr. WILLS, for breaking open a door. Budge
rents a small farm of Wills, and owes more than one year's rent. Wills
can't get any money, nor is there anything to distrain. Wills then
took possession by locking up the door without giving any notice, it
turned out that Budge had a lease in the estate of two years unexpired.
The justice said, "why Mr. Wills you are the transgressor. Wills paid
all expenses, case dismissed.
SELLING SPIRIT WITHOUT LICENCE - On the 7th instant, MARIA BRYANT
widow, was summoned to appear at the Guildhall, Falmouth, for an
infringement against the Excise Laws. Mr. CORNISH and Mr. R. R. BROAD
were on the bench, when Mr. MOORSHEAD, on the part of the board, stated
that the defendant, Maria Bryant, had been summoned, but on being
called she did not answer. He then called Mr. PIPER, an officer of
Excise, who proved the service of the summons, and JOHN TOY and WILLIAM
PERKINS, who acknowledged to being in the house of Maria Bryant, and
had spirit, but did not pay for any. JOHN ROWE stated he was there on
the day spoken of, the 25th of December, and had some spirit and paid
1s. for it. The case being proved, the bench said in consequence of
the smallness of the quantity proved to be sold they should mitigate
the GBP50 fine to GBP12. 10s. Mr. Moorshead said he was satisfied, as
it would show persons that they were not to infringe on the rights of
licensed houses.
CRUEL USAGE OF A BOY - On Friday last, ROBERT BROWN, the master of
the brig "Thorborne," of Shields, then laying in Falmouth harbour, and
WILLIAM SMITH, the mate of the same vessel, were summoned by a boy
called CHARLES MACARTHY, who was an apprentice to the owners of the
ship. It appeared that the master and mate were in the continual habit
of beating the boy, and the witnesses who were called although
evidently wishing to screen the master and mate, admitted enough to
convince the bench that the assault had been proved and also that the
boy had been kept short of provisions. The captain and mate said in
defence, they only gave gentle chastisement, as he was fit for nothing
on board, and they could not get him to do anything. The bench decided
that the boy was not treated as he ought to have been, and fined the
parties 5s. each and expenses, or one week's imprisonment. The captain
was also ordered to cancel the boy's indenture, and after some
grumbling on the part of the captain, the boy was discharged from the
ship and the fines paid. The lad was sixteen years of age, a native of
Cork, and had a most pitiable appearance. He stated that he had had
his thumb nail knocked off by a blow from a broom by the captain, and
that he was continually beaten with ropes and any thing else which came
in the way.
ROBBERY AT PENZANCE - On Monday night last, the shop of Mr. PETER
ARTHUR, watchmaker, Penzance, was broken into, and property, in
watches, &c., to a considerable amount, taken away. The thieves remain
as yet undiscovered. On the next night (Tuesday) the shutters of
several shops were taken down, but nothing stolen. This is supposed to
have been a frolic, to show the unprotected state of the town during
the night.
INCENDIARISM. - Between eleven and twelve o'clock on the night of
Tuesday last, a hay-rick belonging to Mr. S. BENNALLACK of Probus,
containing about 2 1/2 tons was discovered to be on fire; every effort
was used to extinguish the fire, but the wind being very brisk it was
of no avail. The whole was consumed. Strong suspicion rests on two
individuals in consequence of a conversation being overheard, but
whether strong enough to convict them is at present uncertain.
CORNWALL COUNTY COURTS - Truro - DUNSTAN v. DREW - This was a
summons after judgment. It appeared an order had been made on
defendant to pay GBP44 for rent; that he had been committed in November
last to Bodmin for forty days for non-payment, and had returned from
prison, and plaintiff wished now to commit him a second time. Mr.
HOCKIN was proceeding to examine defendant as to the transaction with
plaintiff previous to the action being commenced, but Mr. CHILCOTT
objected that all previous frauds or defaults had been purged by the
imprisonment, and that the court had no jurisdiction to commit a second
time, unless there was a fresh fraud or default under the 103rd section
of the act. His Honour ruled that the objection was valid, and then
Mr. Hockin proved that defendant still held possession and kept his
house locked up, so that plaintiff could not distrain. Mr. Chilcott
objected that there was not a fresh default. The house has been so
locked up ever since the action commenced, and therefore though it
might be a continuing default, it was not a fresh default, which the
act required. His Honour said as the case involved important
principles, he should defer his decision.
Helston - At this Court on Monday last, there was no case of any
interest, excepting that of POPHAM v. NICHOLAS. This was an action
tried at the former sittings, and was in tort for the value of certain
tin carried off by defendant from Pengelly mine, in the parish of
Crowan. The real question being whether or not the licence to work in
this mine having expired, the plaintiff was entitled to recover. The
facts proved were that defendant and others had worked up to the 26th
day of October last, for two years under different licences from the
plaintiff, and had expended large sums of money, and regularly paid
dues. The last licence expired in October last, and plaintiff then
gave defendant notice not to work any longer, but defendant continued
in possession and continued the workings. Mr. BENNALLACK and Mr.
PLOMER, for defendant, contended that this action was in that this
action was in reality brought to try the right to an incorporeal
hereditament, and that the jurisdiction of the Court was ousted by the
9th and 10th Vic., c. 95, s. 58. Mr. T. ROGERS and Mr. HILL, for
plaintiff, contended that assuming the defendant's objection to be
valid under certain circumstances, yet still that there was no evidence
to bring the question of title before the Court. His Honor at the
trial said he would take time to consider. Mr. Plomer now mentioned
that he was instructed to apprise his Honor that the plaintiff had
filed his petition in the Vice-Warden's Court, and had given notice of
an application for an injunction against the defendant and others. His
Honor then delivered his judgment, to the effect that he thought the
defendant had made out a fair case to show that he was working upon a
bona fide supposition; that he had a right to do so; that it was clear
the defendant had worked for a long period with the leave and licence
of the plaintiff; and he thought there would in reality have been no
difference between this action and an action of quare clausum fregit,
as argued by defendant's advocates. He should therefore hold that the
title was a question, and dismissed the case.
Penzance - At this court, held on Tuesday last, there were
thirty-nine cases entered for trial, two of which were adjourned from
the last court. MILLETT and BORLASE v. TREGURTHA - The plaintiffs
appeared in person. Mr. PASCOE was for the defendant. This was an
action brought by the plaintiffs, solicitors of Penzance, for recovery
of two bills of costs, amounting to GBP17. 10s. 11d., for two actions
brought respectively in the Hundred Court of Penwith and Court of
Queen's bench, to recover a debt due to the present defendant, from a
person called Gwennap. The defendant denied his liability on the
ground that he had never instructed the plaintiffs to bring the
actions, and that other parties, namely, Messrs. DAVY, merchants, of
Penzance, were the proper parties to be sued; this was the point at
issue. Several witnesses were examined, whose evidence is shortly
embodied in the following statement of facts. The defendant in 1846
stood indebted to Messrs. Davy in a large amount. Gwennap, the party
above mentioned, owed defendant GBP37. 18s. 4d. This debt defendant
agreed to make over to Messrs. Davy on account of their claim on him.
To obtain payment from Gwennap it was found necessary to resort to
compulsory measures, which were taken through the plaintiffs, who were
the attorneys of Messrs. Davy. These proceedings failed in their
object, and the costs thus incurred the plaintiffs now sought to
recover from the defendant. The defendant stated that in addition to
the fact of his never having given instructions for or authorized the
proceedings against Gwennap, an arrangement had been entered into
between Messrs. Davy and himself, whereby they had agreed to indemnify
him against the costs of the proceedings. Defendant's statement of his
never having authorised the proceedings against Gwennap was rebutted by
plaintiffs' managing clerk, Mr. BELLRINGER, who also stated the
defendant was the party debited in the plaintiffs' books with the costs
in question. His Honor thereupon decided that defendant was liable to
pay the claim, and that his remedy, if any, was by an action against
Messrs. Davy on their indemnity. His verdict was therefore for the
plaintiffs for the amount claimed.
EDWARDS v. UREN - This was an action to recover possession of a
tenement known as "Hodge's Tenement," in the parish of Ludgvan. The
plaintiff is the mortgagee of the premises in question. The
plaintiff's attorney, Mr. Edmonds, stated that in consequence of the
non-payment of the interest due on the mortgage he had called on the
defendant several times, that in 1848 he (the defendant) agreed to
become the tenant of the premises under the mortgagee at the rent of
GBP16 per annum. Mr. Edmonds admitted that he did not expect to get
any rent of the defendant, and in fact the arrangement appeared to have
been made with the view of obtaining possession of the premises under
the 122nd section of the County Courts Act. Mr. Pascoe for the
defendant, called various witnesses who proved that in 1848 the
defendant was quite imbecile, and incapable of making any agreement
whatever. It also appeared that the premises mortgaged to the
plaintiff were leasehold, and had lately passed into the possession of
the owners of the freehold, Messrs. MICHELL of Truro, in consequence of
various breaches of the covenants contained in the lease.
Notwithstanding this fact, the plaintiff's attorney elected to take the
Judge's decision, which was in favour of his application.
21 February 1851, Friday
THE CORNWALL RAILWAY - We understand that Mr. BRUNEL has received
instructions to survey the Cornwall line of railway from Plymouth to
Falmouth, in order to ascertain and report the very lowest possible
cost at which it can be constructed.
SAFETY PLUG FOR BOATS - Mr. J. H. GEACH, watchmaker, of
Fairmantle-street, Truro, has invented a contrivance in the form of a
brass screw and nut, to be used as a plug for boats instead of a cork
as at present. It is an ingenious though simple invention, and appears
to be admirably adapted to answer its purpose. We understand that he
intends to forward it for the inspection of the admiralty.
ST. STEPHENS IN BRANWELL INSTITUTION - The annual dinner of this
institution took place at the house of Mr. JACOB JENKYN, on Monday
last. The Rev. J. CROSSLEY occupied the chair, and was supported by
Mr. SMITH, of Ventonwyn, and other gentlemen of the neighbourhood. The
officers for the ensuing year were elected, and the usual business
transaction after which the health of the chairman and other toasts
were drunk. The company then adjourned to the schoolroom, where a
lecture was delivered on "Phrenology," by Mr. REUBEN THOMAS, of Roach,
and the able and spirited manner in which it was treated elicited
frequent applause. After a lively discussion, a vote of thanks was
passed to the lecturer, and it was announced that the next lecture
would take place on the 17th of March, by Mr. JOHN STUTHRIDGE.
THE IRVINGITES - The building erected in the moor, Falmouth, for a
chapel-of-ease or district church, is let to the Irvingites. The
opening service on Sunday evening last, was conducted by Sir GEORGE
HEWITT.
SALE OF ADVOWSONS - The perpetual right of presentation to the
rectories of St. Breock and St. Ervan, has been submitted to auction by
Messrs. SHUTTLEWORTH, at the Auction mart, London. Both advowsons
belonged to Sir WILLIAM MOLESWORTH. The gross annual rent charge of
St. Breock amounted to GBP966, but including the glebe, and deducting
rates and taxes, the living was estimated at GBP1000 per annum. The
parish containing about 1730 inhabitants and the incumbent sixty-three
years of age. This was sold for GBP5990. The other rectory,
estimated at GBP470 per annum, and the incumbent of the same age, was
sold for GBP2460, both being under the reserved price.
THE ARMY - Mr. HENRY ARTHUR SLEEMAN, eldest son of Colonel Sleeman,
British resident at Lucknow, has been appointed cornet in the 16th
Light Dragoons, by purchase, vice Sartors, promoted.
VICE CONSULAR APPOINTMENT - Mr. ROWE, of Stratton, has been appointed
Vice Consul for Spain for the ports of Padstow and Bideford, and the
north coast of Devon and west coast of Cornwall.
FESTIVE ENTERTAINMENTS AT HELIGAN, &c. - On Friday last, the children
of the St. Ewe school, ninety-six in number, were sumptuously regaled
at Heligan, the seat of Mr. TREMAYNE, in celebration of the marriage of
Miss Tremayne with the Rev. J. T. BOSCAWEN, which took place on
Thursday the 13th instant. It may be observed that the St. Ewe school,
which is entirely supported by the liberality of Mr. Tremayne, has
received much attention from Miss Tremayne, who, by her kindness has
greatly endeared herself to the children. On her farewell visit to the
school, she was presented by the children, with a handsome token of
their esteem, which met with a most sincere and heartfelt
acknowledgment. On the 12th instant, a ball and supper were given at
Tregothnan, by the instructions of the Earl of Falmouth, to some of his
tradesmen, and the tenantry of his estates in the immediate
neighbourhood, to celebrate the marriage of the Rev. J. T. Boscawen
(cousin to his Lordship) with Miss Tremayne, of Heligan. The
festivities were greatly enjoyed by those assembled.
SCHOONER LAUNCHED - On Thursday the 13th inst., a fine new schooner
was launched from the building yard of Messrs. JOHN and MARTIN CLEMENS,
at Newquay, of the burthen of about 130 tons, called the "Tower," and
belonging to Capt. JOHN CARTER and CO. She went off in gallant style,
amidst the cheers and congratulations of a vast number of spectators.
This vessel is well adapted for the coasting or foreign trade.
DISASTERS AT SEA - About a mile off Port Mellon Cove, in the Parish
of Mullion, there may be seen from the cliff the top mast of a vessel
upright, about four feet of which is out of the water. On the 8th
instant, SAMUEL HICHENS and THOMAS STEVLING went out to it in a small
boat, but the weather being boisterous, they could not make out what
vessel it was.
REDRUTH COUNTY COURT - At this court on the 13th and 14th instant,
the following case was heard which involved a serious charge of
"kitting." TRESTRAIL and HICKS v. GARLAND. This was an action to
recover the sum of GBP40. 3s. 4d., claimed by the plaintiffs as their
proportion of certain ores raised in Carn Brea mine in the month of
October last. The defendant was sued as one of the adventurers in this
mine. The plaintiffs were represented by Mr. THOMAS ROGERS. Mr.
STOKES, on the part of the defendant, admitted that his client was
properly sued as an adventurer; but denied being indebted to the
plaintiffs on the ground that they had forfeited all claim to payment
for any ores raised by them, by reason of their breach of one of the
rules or bye-laws of the mine, which declared all ores forfeited in
cases where the tributers mix any other ores with their own. To prove
their case the plaintiffs were examined. They stated they took a pitch
of Captain LINTON (one of the agents of the mine) subject to the rules
of the mine; that they worked at the eastern end of the pitch close
against the boundary shaft about a week, and broke five or six barrows
of ore, which they wheeled back to the western end of the pitch. This
was away from the shaft about thirty fathoms; that they afterwards went
to work at the western part of the pitch near to the cross-cut, where
they worked the remaining part of the month; that from both places they
obtained about twenty-nine barrows of ore, which they put together in
one pile; and that the tribute they had agreed for was 13s. 4d. in the
pound. On cross-examination by Mr. STOKES, they admitted this tribute
to be a very high one, and that it was agreed to be given, because
their pitch was well-known to the agents to be an unproductive one.
They denied they had been under-ground at night at any time during the
month, or that they had thrown "attle" or loose stuff over their pile
of ore to conceal its colour. They admitted that Captain Bennetts had
looked at it, and remarked that it appeared to him to be two sorts of
ore in the pile, but they explained to him that they had broken a red
colour ore at the eastern part of their pitch, and a grey ore at the
western part, and shewed him where they broke them; that he appeared
satisfied and that until six weeks after, when they went to be paid, no
complaint was made that they had taken the ores of certain tut-men
working a short distance from them. Mr. Stokes, for the defence,
called HENRY PAUL, WILLIAM PAUL, ANDREW HARRIS, EDWARD, TREVEAN, JAMES
HARRIS, THOMAS WHITE, THOMAS MARTIN, RICHARD ANNEAR, Mr. R. PIKE,
purser of the mine, and Messrs. LINTON, ROBERTS, and BENNETTS, three of
the agents, whose evidence is embodied in the following statement.
That on the 18th of October, certain tut-workmen, who were working in
or near the forty-six fathom level, missed about a ton of ore from
their pile; and that the quantity taken out was so remarkable they
could not help missing it. Suspicion first fell on a man called
CANNON, but on examining his work nothing could be discovered to
justify that suspicion. Captain Bennetts then proceeded to examine the
plaintiffs' pitch, and on approaching was attracted by the sound of
"spalling;" a circumstance quite unusual under ground, and which was
discontinued on his arriving near the place. That on examining the
plaintiffs' pitch, two sorts of ore were discovered, and the accounts
of the plaintiffs differed as to where they got their ores. The ore
discovered in the plaintiffs' pile corresponded with the ore in the
tut-workmen's pile, which was of a peculiar black colour. The
plaintiffs' pitch was examined by men who had worked there before, and
also by the three captains, who spoke to the work that had been done
there, and the improbability of their having found the ore there. It
further appeared that at midnight on the 17th of October, the
plaintiffs went under ground, a thing quite unusual when there were
only a pair of tributers working a pitch; and on the following morning
they were seen coming from the shaft with their faces very black,
evidently shewing they had been working about an ore of that colour.
It also appeared that a day or two previous, one of the plaintiffs were
seen examining the tut-workmen's pile of ore, and taking some of it
and putting it in the belly of his shirt, and on leaving desired one of
the men called ANNEAR, to be sure you don't tell the captain I have
been down here." The ore was taken from the pile of the tut-workmen
between ten and six o'clock of the same night on which the plaintiffs
were known to go down, and during which period there were no tut-men
working. Afterwards, the respective piles of ore of the tut-men and
the plaintiffs were brought to "grass," and examined and tried, and
found to be exactly similar. On the discovery being made, the
plaintiffs were at once discharged from the mine, and told they had
forfeited all claims to payment for any ores. The rule referring to
the case was read by Captain LINTON, and runs as follows:- "If any
ores be found amongst the tributers' ores which do not belong to their
respective pitches, all such ores will be forfeited to the
adventurers." Some discussion took place as to the proper construction
of this rule, which appeared to be rather ambiguously worded as to
whether it intended that all the ores found in the pile should be
forfeited, or only the ores that did not belong to the pitch. On this
point his Honour decided against the plaintiffs, and eventually gave
his judgment in favour of the defendant, observing that the chain of
circumstantial evidence against the plaintiffs was too perfect to admit
of a doubt. The case excited great interest and occupied nearly the
whole of the first day.
SMUGGLING - On Monday last, WILLIAM REDBOURNE, an American, and a
seaman called SHELLY, two of the crew of the schooner "Copy," of
London, were charged at Crotch's hotel, Hayle, before the Revds. URIA
TONKIN and T. PASCOE, magistrates, with having smuggled seven and a
half gallons of brandy. They were convicted and fined GBP100 each, and
in default of payment were committed to the county gaol for six months.
The charge was preferred by instructions of Mr. JAMES, Comptroller of
Customs at St. Ives. Mr. PASCOE appeared for the prisoners.
FORGERY - Mr. DANIELS, who some time since forged a receipt for
GBP50, in the name of Mr. BOASE, of Liskeard, in the case of shares in
Wheal Mary Ann, has been tried, found guilty, and sentenced to seven
years' transportation.
TRURO POLICE - On the 12th instant, JOHN HILL was committed to the
House of Correction for three calendar months to hard labour, as a
rogue and vagabond, for wandering in the public streets, and obtaining
charitable contributions under false pretences. The fellow went into
the shop of Mr. JAGO, tailor and mercer, St. Mary's-street, and
pretended to be deaf and dumb, but as soon as he was given into
custody, and his begging brief taken from him, he showed that he could
speak fast enough.
On Saturday last, WILLIAM MARTIN was committed for fourteen days to
hard labour, as an idle and disorderly character.
JAMES THOMPSON was charged with being an impostor, going about the town
and asking for lodgings under false pretences; but no legal offence was
proved against him, and he was discharged.
On Monday last, ANN PLACE was committed for fourteen days to hard
labour in the House of Correction, for being a disorderly character.
On Tuesday last, BENJAMIN HOSKIN, who represented himself as of St.
Just, was committed for three months to hard labour as a rogue and
vagabond, and for obtaining charitable contributions under false
pretences. He stated that he was the master and owner of a vessel
which was wrecked, whereby he had lost GBP600, and therefore solicited
charity.
On Wednesday last, JOHN LOWRY, tailor, was committed for trial at the
next assizes, for stealing a piece of cloth, &c., from Mr. JAMES HODGE,
tailor, Walsingham-place.
KITTY LOWRY, wife of JOHN LOWRY, was likewise committed on a charge for
stealing two calico sheets, one table-cloth, three calico pillows, one
pair of silk gloves, and one window blind, the property of Mr. JAMES
SANDERS, of the Ship Inn.
JUSTICES' MEETING, PENZANCE - The following case was heard on
Wednesday last, before the Rev. URIAH TONKIN, and Mr. D. P. LE GRICE.
For the last week or two a great many "navvies" have been arriving at
Penzance, and some of them, in consequence of not being able to obtain
work, have been perambulating the country around, begging assistance,
and their surly looks seldom failed to create fear, and in some
instances they have been known to have had recourse to intimidation to
obtain what they wanted; hence the timid portion of the population have
been in anticipation of hearing of a robbery, or something more
serious. In the early part of this week, a rumour became current, that
one of the "navvies" had assaulted a woman near Hayle, and had
presented a pistol at and threatened to "blow out the brains" of a man
who came to her assistance. This rumour proved to be partly correct;
the circumstances from whence it arose are detailed in the following
case:- MARY PHILLIPS v. GEORGE WARRINGTON. The defendant is an
"overlooker" in the employ of Mr. RITSON, the contractor for the West
Cornwall Railway: the complainant is a widow, and late on Saturday
night last was returning from Camborne market with her donkey and cart,
and when near Hayle, the defendant came up and asked her to allow him
to get into her cart. He then immediately seized her by her clothes,
and at the same time got hold of her basket, in which she had butter,
meat &c., but on seeing a man coming, he ran away up a place near
Floyd's public house. A man called KING (a night watcher employed by
Messrs. HARVEY) came to her, and she informed him what had taken place.
On arriving at the foundry she again saw the defendant, and King went
and asked him what he had stopped her for. The defendant's answer was
"go to h-ll." King then presented a pistol, and threatened to blow the
defendant's brains out, upon which the defendant ran off. This was the
substance of the complainants' case. Mr. Pascoe ably addressed the
magistrates on behalf of the defendant, and adduced evidence that he
(defendant) had been in the employ of Mr. Ritson for several years, and
that he had always been a very steady and peaceable man. The
magistrates reprimanded the defendant, and cautioned him as to his
future conduct.
HORSE STEALING - On Thursday last, JOHN LIDDICOAT, of St. Stephens in
Branwell, was brought before Mr. E. COODE, jun., charged with stealing
a pony, the property of Mr. ENOS CHANNON, of St. Austell, veterinary
surgeon. The pony in question belonged to Mr. JOHN TRUSCOTT, of St.
Stephens, who disposed of the same by a raffle. Channon took a chance,
but not being present at the time the pony was drawn for, and not
having paid for his chance, Liddicoat paid for him, and said he would
take half the risk with Channon. The pony was won by them. On the
following day Liddicoat took the pony to Channon, and said it was their
joint property, but Channon refused to recognize the claim of the
prisoner, and took forcible possession of the pony. At the last County
Court, the prisoner brought an action against Channon, but the verdict
was against him. On the following Saturday night (the 8th inst.,) the
stable in which the pony was kept was broken open, and the animal put
away. The prisoner having been seen in the neighbourhood the same day,
and having been heard to threaten that he would still have the pony,
suspicion fell on him, and he was apprehended on the charge, but there
being no sufficient evidence to connect the prisoner with the robbery,
he was discharged. The police had been in active pursuit, but could
obtain no trace of the pony.
FOWL STEALING - On Wednesday last, SAMUEL HOSKIN and JOHN COKER were
charged before Dr. CARLYON and Captain WIGHTMAN, magistrates, at Truro,
with stealing a fowl, the property of Mr. COLLINS, of Truthan. It
appeared that on Saturday night, or early on Sunday morning last, Mr.
Collins's gamekeepers being out on his grounds, saw two men in a field,
and heard a noise proceeding from some fowls roosting in a linhay. On
their going towards the linhay, a man rushed out, followed by two dogs.
The keepers shot one of the dogs, a greyhound, and caught the other.
The man, who had a double-barrelled gun, presented it at one of Mr.
Collins's men, called BUDGE. Budge also levelled his gun, and called
out to the other man that he would shoot him, on which the fellow
turned and made off, Budge's gun being in fact not loaded at the time.
The two men seen in the field also fled, and though Mr. Collins's
people pursued, the three parties escaped. The man who levelled the
gun at Budge was afterwards fired at about his legs, but whether the
shot struck him or not is not known. The dog that was captured by the
keepers was afterwards killed. A long investigation took place before
the magistrates, a number of witnesses being examined. The evidence as
bearing against the accused parties was, that on the same night they
had met at a beer-house, where they were drinking with others, and had
afterwards left, apparently with the intention of going to their homes.
They were not sworn to by their features, but their dress, it was
stated, when at the beer-house, was similar to that of the men who were
seen by the keepers on Mr. Collins's premises. After hearing the
evidence the magistrates bailed the accused to appear to answer the
charge at the ensuing assizes. Mr. BENNALLACK attended in their behalf
when before the magistrates.
ESCAPE OF A PRISONER - The pickpocket WILLIAM JOHNSON, had broken out
of Callington gaol, but Mr. GIBBONS (superintendent of the Plymouth
police,) started off toe Bristol, and with the assistance of the
detective officer, BANWELL, at Bristol, apprehended the man in that
city within three hours of his arrival. He has been since sent to
Callington, and committed for trial. We hope that some attention will
be given to our country gaols.
RECAPTURE OF A PRISONER - On Sunday last, MITCHELL, who escaped from
the police some weeks since, and for whom a sharp look out had been
kept, was again apprehended, and on examination before the magistrates
of the Helston borough, was committed to the borough gaol to await his
trial at the ensuing sessions.
FIRE - On Tuesday last, a fire broke out in one of the houses on
Wheal Trehane Mine, near Liskeard. Many of the buildings containing
miners' clothes, two casks of tallow, gunpowder, &c., were destroyed.
ACCIDENT FROM LUCIFER MATCHES - On Friday morning last, as a boy
about nine years of age, was passing a rick of furze, at Ninnis, near
Gwennap Pit, he set fire to a lucifer match, and threw it on the rick,
which immediately ignited, and the wind blowing in the direction of a
dwelling house, occupied by Mr. HARRIS, the flames immediately caught
the thatch, and in the course of a short time, both the rick and house
were entirely destroyed. The household furniture was saved.
ATTEMPTED SUICIDE - A woman named ELIZABETH DAW, the wife of ANTHONY
DAW, a shoemaker, residing in New-street, Penzance, on Tuesday morning
about six o'clock attempted to commit suicide by cutting her throat.
It appears that she had secured her husband's razor for the purpose,
and after her husband had got up and gone down stairs she inflicted a
severe gash across her throat. Medical assistance was promptly
procured, and she is now likely to recover.
FATAL ACCIDENT - On Saturday last as Mr. JOHN VOSPER and his son
THOMAS (a lad of about twelve years of age), of Castlewick near
Callington, were engaged in stowing away some corn in the barn prior to
its being thrashed out, the lad slipped off from the top and was caught
by the corn pike, (which had been left against the pile with the prongs
up,) and the points ran into his bowls. He lingered about two hours
and then expired. An inquest has since been held and a verdict of
accidental death returned.
CORONERS' INQUESTS - The following inquests have been held before Mr.
JOHN CARLYON, county coroner:- On the 14th instant, at Bolenna, in the
parish of Camborne, on the body of THOMAS WEBSTER, miner, aged 40.
Deceased worked in Carn Brae mine, and on Wednesday the 12th instant,
in reaching over a stull to get at a piece of timber, he missed his
footing and fell, head-foremost, a distance of ten fathoms into a
gunnis, and was killed on the spot. Verdict, "accidental death."
On Wednesday the 19th instant, at Bereppa, in the parish of Mawnan, on
the body of MATTHEW YEOMAN, aged 59 years, who dropped down and almost
instantly expired as he was leaving his house, the preceding day. It
appeared that the deceased had been an ailing man for some time, and he
died from disease of the heart, Verdict, "visitation of God."
On Saturday last, an inquest was held before Mr. HAMLEY, county
coroner, at the parish of Pelynt, on the body of RICHARD DREW, a boy
aged about 14 years, servant of Mrs. PHILP, of that parish. It
appeared that Mrs. Philp, who is a widow, farmed an estate in that
parish called Muchlarnick. In November last she went to the Liskeard
Union, to get a boy as servant, and took the deceased to live with her.
He was rather delicate, but continued to do his work until within a
few days of his death, when he appeared to be unwell, it was considered
by Mrs. Philp and her family, that he was merely suffering from a cold.
The night before his death he went to tea but was not considered worse;
he became however, much worse in the morning and died rather suddenly.
Preparations were made for the funeral, but in consequence of reports
that the boy had been ill-treated by Mrs. Philp, the parish authorities
insisted on an inquiry taking place. A man named LEAN, a mason,
deposed that about three weeks since he was working on the roof of Mrs.
Philp's house when he heard the boy screaming, and on looking down, saw
Mrs. Philp beating him with a stick. He saw him afterwards go to his
work and did not think he was at all hurt by the beating. Lean having
mentioned this after the boy's death, induced the parish authorities to
interfere, particularly as no medical man or nurse had been called in
during his illness. Several neighbours proved that he had always been
treated kindly by Mrs. Philp, and a man named LOBB saw him the night
before he died and did not consider him worse or in danger, but he went
to see him in the morning and found him dying. On the jury viewing the
body the feet and hands were dreadfully swollen and inflamed, but Mr.
ROWE, the surgeon, stated that he had examined the body carefully and
there were no marks of violence whatever, but that the feet and hands
were covered with erysipelas and ulcers of the most malignant
character, which he had no doubt was the cause of his death - as that
disease was very prevalent in the neighbourhood. The jury were
perfectly satisfied that there was no blame to be attached to any one,
and returned a verdict accordingly. Mrs. Philp said the inflammation
on the feet and hands had only appeared the day before. The case had
caused a great deal of excitement in the neighbourhood.
The following inquest has been held before Mr. HICHENS, county
coroner:- On the 12th instant, at St. Just in Penwith, on the body of
a lad named ROBERT JAMES, aged ten years, the son of a miner living in
that parish. The deceased had been employed on the 10th, in breaking
clay in a marl pit, on the tenement of Truthwell, and in the evening of
that day went to his father's house for a sack to put some potatoes
into, which were in a field near by, but the father for some reason did
not allow him to take the sack, and the deceased left without it.
About half-an-hour afterwards, the father went to the field with the
sack, and not seeing the deceased there, and having observed as he
passed the pit in which deceased had been working, that some of the
clay had fallen down, he became alarmed and immediately set to work to
remove it, and in a short time discovered under it the lifeless body of
his son. Verdict, "accidental death.
RAWLINGS and OTHERS v. BARRETT - Roche Rock Mine. On the motion of
Mr. BENNALLACK, a rule absolute was granted for sale of the machinery.
SIMMONS v. MARTIN - A rule absolute was granted, on the motion of Mr.
G. N. SIMMONS, for sale of defendants shares in Carvannal mine. In the
case of the same plaintiff against WILLIAM HENRY MARTIN, a similar rule
was granted.
RICHARDS v. GILBERT - West Tolgus and Treloweth - A purser's
petition, under which defendant's four 940th shares in this mine had
been sold, realizing GBP7. 10s. each. On the motion of Mr. Bennallack,
the Registrar's report was confirmed.
KENWORTHY v. LAW - Mr. HOCKIN (for Mr. ROBERTS), moved for a rule
absolute for sale of defendant's shares under the purser's petition.
Rule nisi made absolute.
WILLIAMS and OTHERS v. TWEEDY and OTHERS - Defendants are assignees
of JOSEPH MICHELL, a bankrupt. On the motion of Mr. HOCKIN, (for Mr.
Roberts), a rule absolute was granted for sale of the bankrupt's shares
in Wheal Unity Wood West. A similar rule was granted in respect to the
bankrupt's shares in Wheal Unity Wood East.
STANNARIES' COURT - (Concluded from our last paper.) Friday,
February 14. TYACK v. MANLEY - Wheal Henry - On Saturday, the first
day of the sittings, Mr. CHILCOTT, on the part of plaintiff, made a
motion in this case respecting costs. The decision now given by the
Court was, that plaintiff pay the costs of the day at the hearing, and
defendant the remainder of the costs.
TILLY v. GUSTARD - West United Hills Mine - A purser's petition.
Mr. HOCKIN obtained a rule absolute for sale of defendant's shares, he
being in arrear of costs.
RICHARDS v. CLEAVE and OTHERS - In this case the Court had ordered
that the representatives of a person of the name of WOOLCOCK, should be
added to the list of defendants. But Mr. G. N. SIMMONS, on inquiry had
found that Woolcock died intestate and insolvent; and he now moved that
the case be referred to the Registrar to take an account without the
addition of Woolcock. Mr. CHILCOTT opposed the application on the
ground that sufficient search had not been made to ascertain whether or
not letters of administration had been taken out by Woolcock's
representatives. The Vice Warden, however, thought the search
sufficient, and directed that the case be referred back to the
Registrar, with directions to take such an account as he may be able;
that he consider Woolcock's shares as abandoned, and Woolcock as not
existing.
POWELL v. POWELL - This was an action tried at the last sittings,
when a verdict was given for plaintiff for GBP28. 5s. Mr. Bennallack
subsequently obtained a rule nisi for a new trial, on the ground that
the signature to a memorandum produced was not the signature of the
defendant. Mr. Chilcott, for plaintiff, now showed cause against the
rule, and it was discharged.
SHARE BARGAINS - BLAMEY v. JEWELL - We reported this case last week
when a verdict was given for plaintiff for GBP30. Mr. HOCKIN, for
defendant, now moved for a new trial, on the ground of misdirection in
regard to the completion of the contract between the parties. The Vice
Warden said he considered it was borne out by the evidence that the
contract was completed. But there was a point of law involved, on
which the case, if it was desired, might be reconsidered. There were
four or five cases of joint-stock companies, in which it was laid down,
that in actions for the non-delivery of shares according to contract,
the measure of the damage was the difference between the price of the
shares when bargained for, and the price at the time when they ought to
have been delivered. But all those were cases where a considerable
time had elapsed between the bargain and the time for delivery -
perhaps two or three days; so that there was ample time for the person
who had bargained to buy, putting himself into a situation of loss, by
acting towards other purchasers as if the party would fulfil his
contract to him. But in the present case the question arose whether
they could inquire into the damage to the person who had bargained to
buy, it being evident that he could not have taken any step to
prejudice himself - he could not have done any thing as if he were the
owner of the share, or on the faith of the other fulfilling his
obligation. The case might therefore be reconsidered on the point of
law, whether the measure of the damages should be the same in this case
as in the cases of the joint stock companies' shares before referred
to. He then granted a rule nisi to reduce the damages to nominal
damages; or for a new trial of the case.
CLEMENS v. PENROSE and ANOTHER. - In this case the jury had given a
verdict for plaintiff for GBP50. Mr. HOCKIN, for defendants, moved for
a new trial, on the ground that the verdict was against the weight of
evidence, or to reduce the damages to GBP3 odd, or to such sum as the
Court might think fit. Rule refused.
28 February 1851, Friday
TAPSCOTT'S LINE OF PACKETS, for New York. Regular Packet of the 5th
March. The Magnificent fast-sailing Z line Packet Ship "Arctic," Capt.
JOHN ZEREGA, 2500 Tons Burthen, will positively sail as above her
regular day. This splendid new Packet Ship is one of the largest and
most superb Ships afloat, and is fitted up in a superior manner to meet
the wishes of all classes of Passengers, having Private Rooms in Second
Cabin and Poop, for Families or Single Persons; which with the
well-known gentlemanly and kind attention of her Commander to his
Passengers, should command for this noble Ship a decided preference.
The superior qualities of this noble Ship have been fully proved during
her last passage to New York, when so many first-class Packets returned
after being at sea as many days as it took the "Arctic" to make her
voyage. For terms of passage, and to secure a preference of berths,
Deposits of GBP1 a-head should be remitted by Post-office Orders, or
otherwise, to W. TAPSCOTT and Co., St. George's Buildings, Regent Road,
Clarence Dock, Liverpool, and 7 Eden Quay, Dublin.
EMIGRATION TO AMERICA - The following fine first-class fast-sailing
well-known Passenger Ships, now lying in Catwater, Plymouth, will be
despatched on the undermentioned days from Plymouth to New York and
Quebec. "John", JOSHUA SYMONS, 900 tons burthen, New York, 25th[?]
March. "Queen Victoria", JOHN NIXON, 1000, Quebec, 2nd April.
"Dublin", Capt. TOZER. 1000, Quebec, 8th April. These Ships have
great height in their between decks, and will be ventilated and fitted
with all the improvements which experience suggests; to insure the
health of passengers a distinct apartment will be provided for single
females, and every arrangement made to insure decency and comfort. The
Ships will, as regard hull, stores, rigging, crew, fittings, and
provisions, be under the inspection of a Government Surveyor, and Her
Majesty's Emigration Office, Plymouth, being the only channel port
which is the station of an Emigration Office, whose duty it is to
protect and watch the interests of passengers. The rates of passage
money will be very moderate, and will include a considerable supply of
provisions. No charge will be made for luggage, and the Ships will be
despatched under the immediate superintendence of Mr. J. B. WILCOCKS.
Agent for Government and General Emigration, Barbican, Plymouth; to
whom, or to the following Agents, application should be forthwith be
made:- Mr. W. J. OKE, Truro; Mr. GEAKE, St. Thomas, Launceston: Mr. W.
JOHNS, Helston; Mr. J. JOHNS, Registrar's Office, Redruth; Mr. ALLEN,
Penzance; Mr. HENNESSY, Camelford; and Mr. W. DONY, Liskeard.
EMIGRATION - The Barque "Good Intent," JOHN WARBURTON, Master, is
expected to sail from Fowey for Quebec, with Passengers, on or about
the first week in April next. The Fares will be the same as of any
Ship from Padstow, Falmouth, Plymouth, or other parts in the Channel;
with the full allowance of Water and Provisions to every Passenger.
This well-known Ship, which possesses such superior accommodations, and
which obtained so much approbation from the passengers who have sailed
in her, is strongly recommended to those who intend crossing the
Atlantic. Application to be made to Mr. JOSEPH MORCOM, or Mr. JOSEPH
DREW, St. Austell; Mr. W. HICKS, Merchant, Fowey; Mr. SAMUEL ALLEN,
Mevagissey; Mr. CHANNON, Innkeeper, Liskeard; Mr. HENRY TRESTRAIL,
Looe; Mr. HENRY DREW, Stationer, Bodmin; or to Mr. HENRY COUCHE,
Emigration Agent, Fowey. February 11, 1851.
EMIGRATION TO QUEBEC - The fine fast sailing Coppered and
Copper-fastened first class Ship "Daedalus," 650 Tons Burthen, THOMAS
BULLMAN, Commander, will leave Padstow on or about the 10th of April
next for Quebec, and will take both Cabin and Steerage Passengers. The
"Daedalus" is a regular trader, has a comfortable Poop Cabin, and airy,
spacious, and lofty between decks, which will be fitted up in every way
calculated to ensure the health and comfort of passengers. The
fortunate passages of this favourite vessel are well known, and as she
is the finest ship leaving Padstow this spring, persons intending to
emigrate, are advised to inspect her before engaging their passage.
The passage money will be very moderate, and the passengers will be
plentifully supplied with provisions and water according to the Act.
The advantages of Padstow as a port of departure are well known and
appreciated by all connected with the county of Cornwall, as vessels
sailing from then have often from its situation, been many days less on
their passage than those which have been advertised to leave other
ports. This is therefore well worthy the attention of all about to
emigrate. Apply to Mr. HENRY HICKS, Newquay; Mr. S. WORDEN, Amble;
Mr. N. KEAT, Delabole; Mr. JAMES BRENTON, Rock Quay; or SEATON, BRYANT
and Co., Padstow. February 25, 1851.
COUNTY COURT OF CORNWALL, REDRUTH - Whereas a Petition of EDWIN
WALES, of the town of Redruth, in the county of Cornwall, Mason and
Grocer, an Insolvent Debtor, having been filed in the County Court of
Cornwall, holden at Redruth, in the said county, and an interim order
for protection from process having been given to the said Edwin Wales,
under the provisions of the statutes in that case made and provided,
the said Edwin Wales is hereby required to appear in the said Court to
be holden at Redruth aforesaid, before the Judge of the said Court on
the thirteenth day of March next, at Eleven o'clock in the forenoon
precisely, for his first examination touching his debts, estate, and
effects, and to be further dealt with according to the provisions of
the said statutes; and Notice is Hereby Given that the choice of the
Creditor Assignees is to take place at the time so appointed. All
Persons indebted to the said Edwin Wales, or who have any of his
effects are not to pay or deliver the same but to Mr. FRANCIS PAYNTER,
the Clerk of the said Court, at his office at Redruth aforesaid, the
Official Assignee nominated on that behalf by the said Court acting in
the matter of the said petition. FRANCIS PAYNTER, Clerk. THOMAS WILLS
jun., High Bailiff. Redruth, 13th February, 1851.
NOTICE - All Persons having any Claim on the Estate of THOMAS
THEOPHILUS HAWKEY, late of Trewollack, in the parish of Saint Wenn, in
the county of Cornwall, Esquire, deceased, are requested to send the
particulars thereof to Mr. WHITFORD, Banker, or to Mr. WHITFORD,
Solicitor, St. Columb, in order that the same may be examined and paid.
And all Persons Indebted to the said Estate are requested to pay the
amount of their respective Debts to either of the said Messrs.
Whitford. Dated St. Columb, February 23, 1851.
STANNARIES OF CORNWALL. - In the Vice-Warden's Court. Pursuant to a
Decree of the Vice Warden's Court, made in the consolidated causes of
ROBINS the Younger and OTHERS v. BARRETT, the Creditors in respect of
the Roche Rock Tin Mine, in the parish of Roche, within the said
Stannaries, are on or before the Twelfth day of March next, to come in
and prove their debts before the Registrar of the said court, at his
office, in Truro, or in default thereof they will be excluded the
benefit of the said decree. Dated Registrar's Office, Truro, February
26, 1851.
PROPOSED NEW CHURCH AT STELLENBOSCH, CAPE OF GOOD HOPE - There is, at
present, no building for public worship in connexion with the English
Episcopal Church, in the whole district of Stellenbosch. The only
service in English in the town itself of Stellenbosch, or within
fifteen miles on any side of it, is that of the Church of England,
which is now performed in the Government School Room, which for many
reasons, is not convenient for the purpose. Besides a large coloured
population, the town and neighbourhood of Stellenbosch contain several
resident English families, many young persons, who have emigrated from
England within the last fifteen or twenty years, and are a favourite
resort of the numerous visitors from India who come to the Cape for the
benefit of its fine climate. It is therefore most desirable that there
should be, with as little delay as possible, a church erected in
Stellenbosch, in which all of these may have the opportunity of meeting
together to hear the word of God, and the gospel preached in their own
language, and may enjoy the privilege, in this distant country, of
joining in the same solemn offices of devotion and praise as their
friends are using at home, and as they themselves enjoyed before they
left their native land. The Rev. F. CARLYON, the minister of the
district, appeals therefore with confidence to the Christian sympathy
of all who have at heart the extension of the Redeemer's Kingdom, for a
supply of the funds necessary for the building of a church at
Stellenbosch, where, it must be felt, it is so much needed. A most
suitable site for a church has been granted by the municipality of the
town, and the good work will be commenced as soon as a sufficient sum
has been raised to warrant the building committee in taking such a
step. FREDERICK CARLYN, B.A., Minister. Mr. W. McDONALD, Mr. GEORGE
BLATCHFORD, Churchwardens. Stellenbosch, June 13, 1850. Subscriptions
will be received by E. T. CARLYON, Esq., Truro; EDMUND CARLYON, Esq.,
St. Austell; and at the Cornish Bank Truro, Falmouth, and Redruth.
Also, at the London and Westminster Bank, London; and at the Society
for the Propagation of the Gospel in Foreign Parts. It is requested
that all sums shall be made payable to the Lord Bishop of Cape Town,
and the Rev. F. Carlyon, and that it may be expressly stated that the
remittance is sent for the "Stellenbosch Church Fund."
MARRIAGES BILL - The Earl of St. Germans moved the second reading of
the Marriages bill. The Noble Earl contended that marriage with a
deceased wife's sister was not prohibited in Scripture, and quoted
largely from authorities both theological and legal in support of his
argument. The Archbishop of Canterbury opposed the bill on religious
grounds, and moved that it should be read a second time that day six
months. The Bishop of Exeter in seconding the amendment, denounced as
incestuous the marriages which this bill proposed to legalize. The
Bishop of St. Davids admitted that there was no express prohibition in
scripture against these marriages, but the public feeling against them
was so strong that he could not consent to the second reading of this
measure. The Bishop of Norwich opposed, and Lord Gage supported the
bill. Lord Campbell said that the parties seeking relief by this bill
had knowingly and wilfully violated the law. He was opposed to the
measure on principle, and hoped it would be rejected. The Bishop of
London, Lord Brougham, and the Bishop of Ossory likewise spoke against
the measure, and Earl St. Germans having replied. Their lordships
divided, when the bill was rejected by a majority of 34 - fifty peers
voting against the motion for the second reading, and sixteen for it.
THE GREAT EXHIBITION - Reduced Fares By Times Coach, Truro to Exeter
and back for 24s.! ! ! - On Monday the 3rd of March the "Times" will
commence leaving Pearce's Royal Hotel, Truro, at half-past Four (after
the arrival of the mail from Falmouth), and will continue to do so
every Monday, Wednesday, and Friday, reaching the White Lion Hotel,
Exeter, at Five in the Afternoon, in time for passengers to proceed on
to Bristol by the 5.45 train. Mr. PROCKTER has also determined to
commemorate the present eventful year by issuing return tickets (a new
era in coaching) available at any time, so as to enable his friends to
travel from Truro to Exeter and back again for the reduced charge of
twenty-four shillings, being a saving of twenty-five per cent. over any
other mode of transit, as the following list of prices will shew:-
Truro to Exeter and back 24s. outside. 42s. inside.
St. Columb and back 24s. 42s.
Wadebridge and back 22s. 36s.
Camelford 20s. 39s.
N.B. - The "Times brings up passengers to Launceston for the Express
Coach to Bideford and Barnstaple, and also to Tavistock. The fairs
will be received by Mr. Prockter, and tickets will be given in
exchange. Observe - twenty minutes allowed at Launceston for
refreshment both up and down.
THE SHERIFF'S CARRIAGE - A very elegant state carriage is in course
of preparation by Messrs. G. FRANKLIN and CO., coach-builders, Exeter,
for the high Sheriff of Cornwall, Mr. WILLIAM WILLIAMS, of Tregullow.
THE ARMY - Mr. W. R. OLIVEY, son of Mr. H. O. Olivey, of Mylor, has
been appointed (by purchase) an Ensign of the 91st Regiment of
Infantry, now stationed at Liverpool.
Mr. J. C. ADAMS - The portrait of this eminent mathematician has been
painted by Mr. MOGFORD, and will be engraved by Mr. SAMUEL COUSINS, on
of the first of mezzotint engravers. It is gratifying to see that the
portrait of this gifted Cornishman, the twin-discoverer with Le
Verrier, of the planet Neptune - is about to be given to the world
through two of our most celebrated artists; and it is gratifying also
to observe that the subscription list is headed by his Royal Highness
Prince Albert.
ARSON - On Monday last, JOHN WILLIAMS, of St. Stephens in Branwell,
was brought before Mr. E. COODE, jun., charged with having on the 18th
instant, maliciously set fire to a rick of hay and mow of corn, the
property of Mr. PHILIP WILLIAMS of Resugga Lane End, St. Stephens.
There is no doubt the fire was the act of an incendiary. Tracks of
footsteps were visible near the corn; two sheaves which had been taken
from the mow the same afternoon and laid near had been evidently
removed and there were many circumstances which excited strong
suspicion against the prisoner, but nothing to warrant his committal.
He was therefore discharged. The value of the corn and hay burnt is
about GBP30.
TRURO POLICE - On Saturday last, a lad called HENRY FARR, living in
Goodwives' Lane, was committed under the Juvenile Offenders' Act for a
month to hard labour, on the charge of stealing a watch from WILLIAM
WALE, shoemaker. Prosecutor lives in Goodwives' Lane only a few doors
from the prisoner. He closed his door on Friday evening, but left it
unlocked, and went down into the town; whilst he was absent, prisoner
went in and took the watch. In the evening he sold the case for 3s.
6d. to Mr. SCHWERER in the Church-lane; and Mr. Schwerer sold it next
day as old silver to a Jew whom he did not know. Prisoner sold the
body of the watch for 3s. and an accordion to ISAAC LUDFORD, keeper of
a bazaar open near the White Hart. Ludford's wife took the watch to
Mr. EDWARDS, jeweller, &c., and wished to exchange it for a smaller one
for her little girl. Mr. Edwards having received information from the
police that a watch had been stolen, detained this watch and sent to
the police station, in consequence of which the prisoner was afterwards
apprehended.
BARTLETT PASCOE, who was apprehended with two others for fowl stealing
from the premises of Mr. COLLINS, at Truthan, has been admitted to
bail, to appear and answer the charge at the ensuing assizes.
DARING ROBBERY AT PROBUS - On Friday morning last, between one and
two o'clock, Mr. THOMAS STEPHENS's mill was unexpectedly struck idle,
in consequence of a deficiency of water. The miller supposing that
some portion of the mill leat had broken out, was induced to lock up
and secure the mill, and retire to rest. But on examination by day
light, it was discovered that the hatch for letting out water had been
drawn up, evidently with the desire to induce the miller to leave the
mill; and on further examination, Mr. Stephens found that every door
and window had been wrenched with an iron bar; but these being too
securely fastened, the thief then finding his way to a door on the
ground floor, situated at the back part of the mill, he there used such
violence with an iron two-bail and the coulter of a plough, as to break
the door in pieces. After ransacking the mill, he succeeded in
carrying off some wheaten meal, but what beside, it is not easy to
ascertain. We regret to say the thief is not as yet detected.
ST. Ives - For some time past this town and neighbourhood have been
infested with a number of beggars, many of them strong and sturdy men.
On Thursday last, a fellow answering the name of JAMES MOORE, was more
than ordinarily impudent in his vocation, and information having been
given of his conduct, he was apprehended in the evening at the house of
one PETER LUGG, who is in the habit of lodging beggars. The next
morning (Friday), Moore was brought before the magistrates for the
borough, and was by them committed to Bodmin for one month at hard
labour, as an idle and disorderly person. The bench expressed their
determination to endeavour to put a stop to vagrancy in the borough, by
inflicting on those that may be brought before them the utmost
punishment that they are empowered to do; and have caused notice to be
given to Lugg of their intention to fine him in the full penalty, if he
be know to harbour vagrants in future.
HIGHWAY ROBBERY - On the night of Friday last, a young man called
GEORGE BRYANT, of Trelyon, near St. Ives, when on his way home from the
town, between ten and eleven o'clock, was attacked by a man who he
succeeded in beating off, but before he could get away two others came
up, and having knocked him down and beaten him with a stone until he
was senseless, they robbed him of GBP2. 9s. 0d., being nearly the whole
of his pay, received at one of the neighbouring mines in the course of
that day. The thieves have not yet been detected. Bryant's clothes
were literally torn from his back.
COMMITTAL - On Saturday last, MATTHEW RICH, of Mevagissey, was
committed by Mr. TREMAYNE, to the house of correction to be kept to
hard labour for three weeks, for running away from the St. Austell
Union Workhouse, and taking with him sundry articles of clothing, the
property of the Guardians
A NOTORIOUS CHARACTER - A woman called SARAH YEO has been committed
by the magistrates at Launceston to the county gaol, for three months
hard labor, she having assaulted one of the inmates of the Union. This
is the nineteenth time she has been sent to prisoner for various
offences.
VILLAINOUS OUTRAGE - On Monday last, about half-past eight in the
evening, some malicious scoundrel discharged a gun or pistol into the
window of Mr. JOHN WAYLIN, builder, Carharrack. It is supposed that
the pistol or gun was fired by some one on horseback, as two persons
were seen riding furiously from the direction of the house immediately
after the report was heard. A reward has been offered by Mr. Waylin
for information which may lead to the conviction of the offender.
ACCIDENTS - On Friday last, a young man named JAMES HAMBLY, employed
at Messrs. HARVEY and CO's. Factory, Hayle, had his hand much bruised
at the steam grinding stone, and his fingers much injured, one of them
so seriously that it was obliged to be amputated close to the hand.
On Saturday last, a young man named NICHOLAS BRYANT, employed at
Messrs. SANDYS, CARNE, and VIVIAN's Factory, whilst attending to the
planing machine, his hand be some means became entangled in the
machinery, and one of his fingers sustained such injury that a part of
it was obliged to be amputated.
On Monday last, one of the men employed on the West Cornwall Railway,
named PATRICK O'CALLAGHAN, was engaged in lowering a large tank, when
the tackle gave way, and the tank fell, and struck his right leg,
causing a compound fracture just above the ankle.
The above cases are under the care of Dr. R. O. MILLETT, of Penpol, and
are going on favourably.
As a poor man named EDWARD HUTHOR, of Treloweth, was on Wednesday last,
attending with others to a thrashing machine belonging to Messrs.
HOSKING, at Gunwin, in the parish of Lelant, while in the act of
thrusting a wad of straw to stop the drum after the horses had ceased
to move the machine, his arm was drawn in by the drum and was smashed
so dreadfully that the medical gentlemen in attendance deemed an
immediate amputation necessary, a little below the elbow.
NARROW ESCAPE FROM BEING POISONED - At Launceston, a short time
since, a little girl named MARTHA BLEWITT, nearly lost her life under
the following circumstances:- Some one had given her a penny, with
which she procured a bottle of scent, marked on the label, "Essence of
Jasmine." When playing at home, in the midst of her brothers and
sisters, she placed the bottle to her lips and swallowed a small
portion of the contents. Immediately she complained of a bitter taste
in the mouth, and a burning pain in the stomach; in the course of a few
minutes was taken very ill, vomited, grew speechless, and insensible.
Convulsions came on, with locked jaw and rigid contraction of various
muscles. Paroxysms returned with increasing severity, and had not
reached their worst until after the expiration of an hour. About this
time medical aid was called in, when it was all but too late to do any
good. However the stomach was emptied of its contents by means of a
strong emetic, and in about half an hour more the convulsions subsided
and consciousness returned. The next morning she was perfectly
recovered. The quantity of liquid gone from the bottle was not at most
more than thirty drops, and some of this was rejected very shortly
after being swallowed, the poison therefore must have been extremely
virulent. That it was not essence of jasmine, is evident from the
price of that article, viz., four shillings an ounce; and that it
contained neither oil of bitter almonds nor prussic acid, was
ascertained by chemical testing. Such virulent substances ought not to
be sold without poison marked on the label.
(newspaper creased here -)
CORONERS' INQUESTS - On Monday an inquest was held by Mr. JOHN
CARLYON, county coroner, at the George and Dragon Inn, St.
Austell-street, Truro, on the body of WILLIAM GATLEY, aged 50 years,
who hung himself to a beam in a linhay behind his house on
Clement-street, on Sunday morning. From the evidence, it appeared that
the deceased had until recently, been a quiet and industrious man; but
that lately, there had been a great deal of quarrelling in his family,
and he had become quite an altered man. William Gatley, jun., son of
the deceased, deposed as follows: I lived with my father, mother,
sister, and little brother. My father was in the habit of getting up
about five o'clock in the mornings. I heard him go down stairs
yesterday morning about ten minutes past five. He called to my brother
who was sleeping with me, for the keys of the cow-house: they were
given to him, and he then went down stairs. My brother got up and went
down stairs about twenty minutes past five; he found that father had
gone out backward, and waited for him to come in; after waiting for
some time, and father not coming in, he called up to me to know what he
should do; I told him to go out and see where he was. He said he was
afraid; he called out to father that it was past six o'clock, but
received no answer. I then got up and went down, and on going out
backward, I saw the linhay doors open. On looking in, I saw deceased
hanging to a beam; I was afraid to go in, and went out into the street
and called for assistance. WILLIAM ISAAC and WILLIAM THOMAS came in,
and the former cut him down. My father had been complaining of his
head for the last three or four days; he had been in a very depressed
state of mine; he was in arrear of rent and fancied he was going back
in the world. His manner had been such of late that I had suspicion of
what had happened, when I found he was out backward so long. One of
the jurymen asked the witness whether there had not been a good deal of
quarrelling, and whether he had not given his father a black eye last
Thursday. Witness denied that he had; he said that the black eye which
the jury had seen was caused by one of the cows kicking his father as
he was righting up the bedding. The witness admitted that he and his
father had a quarrel on Thursday, and that after his father had thrown
a cabbage at him, he seized him by the collar and shook him; but he
denied that he struck him. MARTIN TEAGUE, one of the jurymen,
deposed:- On Thursday last, deceased called to me, told me he was in
difficulties and expected to have a distress put in that day for
tithes. He appeared to be greatly excited, and requested me to
accompany him into Ferris's public-house, as he wanted to tell me more.
He then told me that he was a ruined man, and stated many things
concerning his wife and his son William, and their conduct towards him,
and said he must separate from his wife. From his manner on that
occasion, witness had no doubt that he was beside himself. THOMAS
JENKIN, stated that on Friday he saw deceased, who was then in a very
excited state, and said he should sell every thing he had, and after
paying his debts go into the Union-house. He complained of injuries
which he said his son had inflicted on him - a black eye, a cut on the
back part of his head, and some injuries to his teeth; but he said he
should give out that the cow had kicked him, that the public might not
know there had been family quarrels. He was then in a very excited
state and crying. William Isaac, deposed to his having been informed
soon after six o'clock on Sunday morning, by William Gatley, that his
father had hung himself and to his having proceeded immediately to the
linhay, and where he cut him down. He was hanging from a beam, by a
bit of cord, his legs just touching the ground; he was quite dead. -
Verdict, "temporary insanity."
The following inquest has been held before Mr. HICHENS, county
coroner:- On Saturday last, in the parish of Wendron, on the body of
MARY PATTEN, aged 83 years, who was found dead in her bed on the
preceding day. The deceased lived alone in a dwelling-house having two
apartments, but she and one ALICE GOLDSWORTHY who occupied the other
part of the house went to their bed-rooms by the same flight of stairs.
The deceased, who was in her usual good health on Thursday, went to
bed that evening about six o'clock, and the following morning Alice
Goldsworthy, as she was accustomed to do, called to her at her bed-room
door, which was closed, and getting no answer after several repetitions
she became alarmed and went in search of some one from an adjoining
house. She soon met with a person named MARY PHILLIPS, who accompanied
her to the deceased's bed-room where they found her in bed lifeless,
having apparently been dead some hours. The jury returned a verdict
"found dead," but not the lease doubt was entertained that the
deceased's death was a natural one.
The following inquests have been held before Mr. HAMLEY, county
coroner:- On Tuesday last, at the Lunatic Asylum, Bodmin, on SUSAN
JAMES, a patient. It appeared that she was admitted as a pauper
lunatic from Illogan, about a year and half since. She was subject to
epileptic fits. On the morning of the 24th, the night nurse in going
into her room found her sleeping and apparently well. On another nurse
going into her room about seven o'clock she found her out over the bed.
The nurse got assistance, put her into bed, and sent for Mr. TYERMAN,
the surgeon, who promptly attended and found her dead. Mr. Tyerman
deposed to the jury, that she had frequent epileptic fits, was a very
stout young woman, and predisposed to apoplexy, which caused her death.
The jury returned a verdict accordingly.
On the same day, at Charlestown, in the parish of St. Austell, on
THOMAS HOSKING, a lad eleven years of age who was supposed to have died
from a blow received from a man named LEE, sometime before. GRACE
HOSKING deposed, that she was a widow and mother of the deceased. He
had always been a healthy boy. About three weeks since he was taken
ill and complained of his head. She thought it was a cold, and went to
Mr. VAWDREY, surgeon, and got some medicine; but he still complained of
his head. Three days before he died Mr. Vawdrey came to see him, and
asked witness whether she knew that her son had ever received any
injury in the head. She told him no. He asked her that question every
time he came; and she always told him that she had never heard that he
had received any injury. WILLIAM UREN, a boy aged fourteen, said - I
was at work at Bucklers mine. The deceased Thomas worked there also.
About a month since, we were working with a miner called NICHOLAS LEE,
doing something about the stamps. Lee told deceased to do something to
the lifter; deceased said he could not raise it, when Lee struck him on
the head with the mallet which he had in his hand, but whether with the
iron part of the handle, I could not tell. He worked afterwards with
me and never complained, and did not appear to be hurt. He has done so
ever since until last week and played with the other boys as usual. I
never said anything about Lee striking him to any one but JANE VIVIAN,
a girl who works at the mine, until I heard of his death. Jane Vivian
said she worked at Buckler's Mine.
About three weeks since Uren told her that Lee had struck deceased with
a mallet. She had seen him frequently since at the mine. Mr. Vawdrey,
surgeon, deposed that about three weeks since, Grace Hosking came to
him for some opening medicine for her son, as she thought he had a
cold. About six days since I was called to see him. I found him in a
state of insensibility, as I considered, from fracture on the brain. I
asked if he had ever received any injury on the head. He mother said
no; I think it was in consequence of his walking some distance in a
cold day without his hat. I told her I thought he was in the greatest
danger, and saw him from time to time until his death. I found him in
the same state, and always asked the mother whether he had received a
blow; but she always said no. Since the boy's death a report has come
out that Lee had struck him with a mallet, in consequence of which I
deemed it necessary that an inquest should be held. I have now by
order from the coroner, made a post mortem examination. I have found
no external marks of violence whatever; nor is there any fracture of
the skull. On opening the head I found the brain gorged with blood,
and the whole of it a mass of disease, which was the cause of his
death, and that the blow could not have had anything to do with it.
The jury were satisfied and returned a verdict that he died from
natural causes.
THE LAND'S END - Leaving the Logan Stone, we next shaped our course
for the Land's End. We stopped on our way, to admire the desolate pile
of rocks and caverns which form the towering promontory, called
"Tol-Peden-Penwith;" or, "The Holed Headland on the Left." Thence,
turning a little island, passing over wild, pathless moors,
occasionally catching distant glimpses of the sea, with the mist
sometimes falling thick down to the very edges of the waves; sometimes
parting mysteriously and discovering distant crags of granite rising
shadowy out of the foaming waters - we reached, at last, the limits of
our outward journey, and saw the Atlantic before us, rolling against
the westernmost extremity of the shores of England." Before you, the
wide, wild ocean stretches gloriously and afar; the largest of the
Scilly Islands being barely discernible on the extreme horizon, on
clear days. Tracts of heath; fields where corn is blown by the wind
into mimic waves; downs, valleys, and crags, mingle together
picturesquely and confusedly, until they are lost in the distance, on
your left. On your right is a magnificent bay, bounded at either
extremity by far-stretching promontories, starting upward from a beach
of the purest white sand, on which the yet whiter foam of the surf is
ever seething, as waves on waves break altogether, in long and regular
order, one behind the other. The whole bold view possesses all the
sublimity that vastness and space can bestow; but it is that sublimity
which is to be seen, not described, which the heart may acknowledge and
the mind contain, but which no mere words may delineate, which even
painting itself may be faintly reflect. However, it is, after all, the
walk to the Land's End along the southern coast, rather than the Land's
End itself, which displays the grandest combinations of scenery in
which this grandest part of Cornwall abounds. There nature appears in
her most triumphant glory and beauty - there, every mile, as you
proceed, offers some new prospect, or awakens some fresh impression.
All objects that you meet with, great and small, moving and motionless,
seem united in perfect harmony to form a scene which presents a wild
primeval aspect - a scene where original images might still be found by
the poet; and where original pictures are waiting, ready composed for
the painter's eye.
On approaching the wondrous landscapes between Trereen and the Land's
End, the first characteristic that strikes you, is the change that has
taken place in the forms of the cliffs since you left the Lizard Head.
You no longer look on variously shaped and variously coloured
'serpentine' rocks; it is granite, and granite alone, that you see
everywhere - granite, less lofty and less eccentric in form than the
'serpentine' cliffs and crags, but presenting an appearance of
adamantine solidity and strength, a mighty breadth of outline and an
unbroken vastness of extent, nobly and impressively adapted to the
purpose of protecting the shores of Cornwall, where they are most
exposed to the fury of the Atlantic waves. In these wild districts,
the sea rolls and roars in fiercer agitation than ever; and the mists
fall thicker, and, at the same time fade and change faster, than
elsewhere. Vessels pitching heavily in the waves, are seen to dawn, at
one moment, in the clearing atmosphere - and then, at another, to fade
again mysteriously, as it abruptly thickens like phantom ships. Up on
the tops of the cliffs, furze and heath in brilliant clothing of purple
and yellow, cluster close round great white, weird masses of rock,
dotted fantastically with patches of grey-green moss. The solitude on
these heights is unbroken - no houses are to be seen - often, no
pathway is to be found. You go on, guided by the sight of the sea,
when the sky brightens fitfully; and by the sound of the sea, when you
stray instinctively from the edge of the cliff, as mist and darkness
gather once more densely and solemnly all around you.
Then, when you discover a path again - a winding path, that descends
rapidly - you gradually enter on a new scene. Old horses startle you,
scrambling into perilous situations, to pick dainty bits by the hill
side; sheep, fettered by the fore and hind leg, hobble away desperately
as you advance. Suddenly, you discern a small strip of beach shut in
snugly between protecting rocks. A spring bubbles down from an inland
valley. Not far off, an old stone well collects the water into a calm,
clear pool - sturdy little cottages, built of rough granite, and
thickly thatched, stand near you - gulls' and cormorants' eggs are set
in their loop-holed windows for ornament; great white sections of fish
hang thickly together on their walls to dry, looking more like many
legs of many dirty duck trousers, than anything else - pig-styes are
hard by the cottages, either formed by the Cromlech stones of the
druids, or excavated like caves in the side of the hill. Down on the
beach, where the rough old fishing boats lie, the sand is entirely
formed by countless multitudes of the tiniest, fairy-like shells, often
as small as pin's head, and all exquisitely tender in colour and
wonderfully varied in form. Up the lower and flatter parts of the
hills above fishing nets are stretched to dry. While you stop to look
forth, over the quiet, simple scene, wild little children peep out at
you in astonishment; and hard-working men and women greet you with a
hearty Cornish salutation, as you pass near their cottage doors.
You walk a few hundred yards inland, up the valley, and discover in a
retired sheltered situation, the ancient village church, with its
square grey tower surmounted by moss-grown turrets, with its venerable
Saxon stone cross in the churchyard - where the turf graves rise humbly
by twos and threes, and where the old coffin-shaped stone stands midway
at the entrance gates, still used, as in former times, by the bearers
of a rustic funeral. Appearing thus amid the noblest scenery, as the
simple memorial of the prayers of a simple race, this is a church which
speaks of religion in no formal or sectarian tone - which appeals to
the heart of every traveller, be his creed what it may, in loving and
solemn accents; and sends him on his way again, up the mighty cliffs,
and through the mist driving cloud-like over them, the better fitted
for his journey forward here - the better fitted, it may be, even for
that other dread journey of one irrevocable moment - the last he shall
ever take to his abiding-place among the spirits of the dead! These
are some of the attractions which home rambles can offer to tempt the
home traveller; for these are the impressions produced, and the
incidents presented during a walk to the Land's End. - Rambles beyond
Railways, by W. WILKIE COLLINS.
UNITED STATES AND CANADA - We have accounts from New York on the 8th
inst. The papers are full of articles relative to the fate of the
United States steam-ship "Atlantic." Deeper gloom had been caused by
the arrival of the "Canada" at Halifax without tidings of her. A
revenue cruiser, which had been despatched from Halifax on a cruise in
search of her, had returned from Sable Island unsuccessful also; and
the general alarm appeared to be gradually giving way to despondency.
Discussions relative to the merits of the ship as a sea-boat, generally
complimentary, are frequent in the columns of the journals and much
stress appears to be placed on the discovery of a wreck in the ocean,
cut down, apparently, by collision with some steamer. Of course,
however, the journalists unanimously persisted in "hoping against
hope," and in their efforts to quiet the public anxiety some of them
exactly predicate the real facts of the ship's disaster. Her safety
would be announced about the 15th instant.
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