cornwall england newspaper
1851 NEWS
MAY
2 May 1851, Friday
THE GREAT EXHIBITION - The notice taken in the Times paper of the
19th of April, of the polished granite, porphyry, and serpentine,
exhibited from this county, is calculated to convey the impression that
the larger portion of the articles exhibited in this section, are the
production of the "Penzance Serpentine company." This is not the case,
as the articles exhibited by that company are in serpentine only, and
of that material. The candelabra, as well as many other beautiful
articles, are exhibited by Messrs. WILLIAM PEARCE and SONS, of
Lemon-street, Truro. The Messrs. Pearce have also many fine examples
of the polished granite, steatites, &c., of this county.
GRAMPOUND LITERARY INSTITUTION - On Tuesday evening last, an
exceedingly interesting lecture was delivered at this Institution by
the Rev. T. BE. HART, of Tregoney, on "The Electric Telegraph," with
experiments. At the close a vote of thanks was unanimously given to
the lecturer for the treat which he afforded the audience.
FREEMASONRY - On Monday last, a very interesting event in freemasonry
took place at Redruth in the revival of the Druids Lodge of "Love and
Liberality," which originally stood No. 113 on the list of lodges on
the Register of the United Grand Lodge of England, but which for the
last twenty years, in consequence of uncontrollable events, has ceased
to meet. Some of the brethren of the old Lodge at Redruth, who, though
the iron hand of time has pressed heavily on them, still possess the
faithful heart and kindred feelings of masons, in conjunction with some
younger brethren of the fraternity, resolved to resuscitate the ancient
"Druids," which for so many years was a guiding star amongst the Lodges
of the Province. Accordingly they presented a memorial to the Grand
Lodge to grant them a fresh constitution under the old title, which the
Grand Master complied with, the only difference being that the
reconstituted Lodge now stands 859 on the Register instead of 113 as
formerly. At five o'clock, the Lodge was close tiled, when the Very
Worshipful D.P.G.M. for Cornwall, Brother ELLIS, took the Master's
chair, and as it was the occasion of re-opening the Lodge, he appointed
the officers for the day chiefly from those holding offices in the
Provincial Lodge, and exclusively from other Lodges, the new officers
of the Druids taking their places on the left of such officers. The
Lodge was then opened with solemn prayer, and after the Dispensation
was read and the usual ceremonials on re-constitution had been duly
concluded, two candidates for initiation were introduced, and were
regularly admitted into the mysteries of the craft, with all ancient
usages and customs; two other candidates were also named, but they
postponed their honours to a future occasion. In addition to the
Brethren of the Lodge many attended from various towns in the county,
the "Phoenix," of Truro, being fully represented by its Master and all
his officers. After the business was concluded, the Brethren were
called from labour to refreshment, and proceeded to the Refectory in
Masonic procession, where they found a luxurious repast provided for
them by their newly initiated Brother CHARLES ANDREW, who, although he
has so lately succeeded the former respected and lamented hostess, has
well and worthily sustained her reputation and given a promise of the
hotel being conducted under his judicious management, with credit to
himself and satisfaction to his guests. The repast was all that could
be desired. In the course of the evening the usual Masonic toasts were
given and suitably acknowledged, and the brethren separated at an early
hour much gratified with the proceedings of the day.
CORNWALL AND DEVONSHIRE WRESTLING AT COPENHAGEN HOUSE - The weather
on Wednesday proved all that could be desired, and a large and highly
respectable company assembled, the large arena set apart for the sports
being crowded. The play throughout was first-rate, and the excellent
manner in which the whole proceedings were carried out, gave every
satisfaction, reflecting alike the greatest credit on the arrangement
of Mr. GARRETT, and the management of Mr. F. OLVER. In order, if
possible, to bring the sports to a conclusion in the evening, it was
mutually agreed that half the amount should be contended for, and the
number of players limited, fourteen standards contending for the
prizes. Some of the bouts were long and severe, and, judging from the
applause occasionally given, no doubt could be entertained that the
large party present were highly gratified with the skill displayed by
the players. At nearly five o'clock the standards commenced play, when
KIRBY, of Cumberland, cleverly defeated ROWE (C.) after which LOCKYER
(a guardsman), downed GOODMAN (C.) and then a long and tedious bout
took place between BARTLE (C.) and GLOYNE (D.) which had to be decided
by a toss, the latter coming off victor. PIERCE (C.) threw LUTTON
(D.), DYER (C.) threw WEBBER (D.), RATTENBURY (D.) threw PETHRIDGE
(D.), and GONINAN gave in to Bartle, both of Cornwall. Seven were now
left in, and Gloyne was the odd man. Pierce, a clever player, soon put
Kirby on his back, and Dyer defeated Rattenbury after a sharp tussle,
after which Lockyer cleverly defeated Bartle, who is considered one of
the best men from Cornwall - rather a lucky fall for his opponent - the
losing man at once challenging his victor for another trial next day
for a stake. The contests now become very exciting, Pierce and Dyer
being the next to enter the ring, the little one again becoming
victorious; and Lockyer, after an exciting contest with the giant
Gloyne, brought his opponent to the ground. Pierce and Lockyer had now
to enter the ring for the first prize, and loud and long were the
plaudits given to Pierce for the tact and skill he displayed against
his more powerful opponent, who ultimately made the little one (9st.
12lbs.) kiss the ground, the victor being 13st. After the sports the
prizes were awarded by Mr. Olver in the following manner:- First prize
to Lockyer (D.); second to Pierce (c.); third to Gloyne (D.); fourth to
Dyer (C.); and the fifth to Bartle (C.). A wrestling match commenced
on Mr. DODD's grounds, at Eldad, on Monday last, and terminated on
Wednesday, for men of seven score fifteen pounds. There was a large
number of players present, and some fine sport was shown. The prizes
were distributed as follows:- BICKLE, (D.) first; TAPSCOTT, (D.)
second: and COURTIS, (C.) third.
HELSTON FLORA DAY - This annual jubilee, on the 8th of May, is likely
to be more gaily celebrated than it has been for some years past.
During the past week the town has exhibited evident signs that the
inhabitants are determined to keep this pleasurable occasion in a way
becoming the memorable year 1851. Parties of dancers are already
forming, and the houses and gardens in the town have been cleaning up,
and now appear with all the taste and neatness that can be displayed.
There appears to be a united desire amongst all parties to preserve
this festival, which is hallowed by its antiquity, and endeared to the
inhabitants by many pleasing associations. Centuries have not
obliterated the charms which attend it, and the memory of the old
inhabitants of the town dwells upon the Flora Day, as recalling the
enjoyments of their youth. Helston has been a place of considerable
note in the annals of ancient history, having in olden time been
connected with a fort which occupied the site of the present Bowling
Green, and under its protection the town enjoyed many privileges at
various periods. The origin of the festival is uncertain; antiquarians
have made great researches, but have obtained little information
concerning it. It may have been to preserve the memory of some ancient
triumph, or the deliverance of the town from some calamity, or
something of that sort, but the origin is wrapped in mystery. It is
generally supposed that it is an imitation of the Roman Floralia, which
is considered the parent of the family of May feasts, and was
instituted by Flora, who was deified in Rome as the goddess of flowers.
This appears the most reasonable construction to be put on its origin,
when the manner in which the festival is conducted is considered. On
the Helston Flora Day, innocence and gaiety breathe their influence
over every heart, each incident is converted into a source of
mirthfulness; and sorrow, but the magic spell of sympathy, is
brightened into joy. Great preparations are making at the Angel Inn;
the Assembly-room is re-decorating, and Sir R. R. VYVYAN, Bart., M.P.,
and Mr. POPHAM, Mr. GLYNN GRYLLS, and Mr. FREDERICK HILL, have
undertaken the office of stewards. The ball is expected to be a very
brilliant one, the names of the stewards being a sufficient guarantee
that the best arrangements will be made. In the evening there will be
a display of fireworks under the superintendence of an experienced
pyrotechnist.
ON DIT - It is said that a marriage is soon to take place between Mr.
RICHARD FORD, of Heavitree, Exeter, and Miss MOLESWORTH, only sister of
Sir WILLIAM MOLESWORTH, Bart., M.P.
ROYAL COLLEGE OF SURGEONS - On Friday last, Mr. HENRY CROCKER, of
Northhill, by Launceston, was admitted by examination a member of the
Royal College of Surgeons. In July, 1849, he also passed the several
examinations at the Edinburgh University, the Principal and Professors
of which conferred on him the degree of M.D.; previous to which he had
likewise pass the matriculation examination at the University of London.
ST. GERMANS UNION - At the first meeting of the newly-elected Board
of Guardians on Friday last, the Rev. S. WALLIS ROBERTS was unanimously
elected chairman, and the Rev. Dr. FLETCHER and the Rev. E. TRELAWNY
were elected vice-chairmen for the ensuing year.
MARINE BOARD - On Wednesday the 16th ult., the following passed their
examination in navigation and seamanship, before Captain WALKER, the
examiner for the port of Plymouth:- JOHN ABBOT, of Fowey, mate, and
JOHN RICHARDS, of Truro, mate.
THE OLD "AURORA." - The artisans of the dockyard at Devonport, having
completed the breaking up of the "Astaea," 46, frigate, have commenced
breaking up the "Aurora," 46, late the coal hulk, at Falmouth. The
"Aurora," was a capture from the French, and was in her day, one of the
fastest sailers in the navy. We have heard a story to the effect that
the Captain of a French vessel which had been captured, looking towards
a vessel in company with that on board which he was, said, is that the
"Aurora?" On being told it was, he said, "You have not her proper trim
- I commanded her at one time, and she then would beat every thing in
our navy." She breaks up very hard, having been strongly fastened.
SHIP FOUNDERED - Fowey 30th April, Mr. HICKS, a pilot, reports that
whilst on the look out his morning early on the hill at Polruan, he
observed a large barque suddenly founder, about five miles off
Polperro. She was bearing down channel, and two boats were near at the
time, and they now continue on the spot. Up to the present moment we
have not heard any further particulars respecting her name or
destination, or whether any of the crew have been saved. It is highly
probable that there is a considerable loss of life.
EXETER DISTRICT COURT OF BANKRUPTCY - At the sitting of this Court at
Plymouth, on the 24th ult., JAMES HILL, a miller who, for some time,
carried on business at Saltern Mills, Saltash, and had been adjudicated
a bankrupt, was summoned for examination. The Official Assignee said
that the whole of the estate, so far as it was at present known, did
not exceed GBP24. Mr. R. G. EDMONDS, on the part of the creditors,
examined the bankrupt in reference to the circumstances under which he
was said to have lately lost a purse containing between GBP40 and
GBP50; and on this subject the commissioner expressed a very strong
opinion as to the unsatisfactory nature of the bankrupt's answers. The
case was adjourned.
LAUNCESTON COUNTY COURT - This court was held on Wednesday last, when
there were twenty-three cases entered for hearing. SARGENT v. PELLOW
- This action was brought to recover the possession of certain plots
of closes of land situate at Lucket, in the parish of Stokeclimsland,
now and for forty years in the occupation of the defendant, WILLIAM
PELLOW the elder. This case occupied the court for several hours; his
Honor gave judgment for defendant, with costs.
RICHARD PENGELLY FRISE, insolvent petitioner, had his final order
granted him at this court.
IMPORTANT TO LANDLORDS - At the Helston Petty Sessions on Saturday
last, a woman named ELIZABETH MICHELL, and WILLIAM MICHELL her son,
were summoned at the instance of the Honourable ANNA MARIA AGAR, for
having on the 14th of April, fraudulently removed and conveyed away
certain goods chattels belonging to Elizabeth Michell, from the estate
of Tremenheere in Wendron, to prevent distraining the same for rent.
The case was brought under the 11 Geo. II, c. 19. Mr. HILL appeared on
behalf of the honourable Anna Maria Agar, and Mr. PLOMER for the
defendants. The evidence showed that the estate of Tremenheere was
formerly occupied by Elizabeth Michell's husband, who died about four
years since, and the estate has since been in her occupation at the
rent of GBP100 a year. The arrears of rent due amount to GBP136.
William Michell is her son and lived with his mother. The estate is
about sixty-two acres of arable and pasture land, and forty acres of
crofts, and Mrs. Agar has expended nearly GBP400 within the last few
years in buildings and improvements, and allowed defendant GBP20 per
cent. on the rent since 1847. On the 17th of April, the local agent of
Mrs. Agar, from information he received, attended on the estate and
found that all the cattle and goods had been removed, and a part of the
property was subsequently traced to the possession of Mr. JOHN GRIGG, a
farmer of Wendron, viz: a harvest waggon, value GBP6; a thrashing
machine, GBP10; and a mare and colt, GBP10. The goods were identified
as the property of defendant, Elizabeth Michell, and it appeared that
Grigg purchased them a few days before the removal and paid for them on
the 17th of April, and Elizabeth Michell gave a receipt for the amount.
The goods were sent to Grigg's estate on Monday the 14th, without his
knowledge, and the waggon was put in an outhouse belonging to Mr. JAMES
THOMAS. Mr. Grigg, on cross-examination, said that he had seen a
quantity of cattle on defendant's estate on Sunday the 13th of April,
exceeding the value of GBP50, and Mr. Plomer contended that more than
GBP50 worth must have been removed from the estate, and their worships
had therefore no jurisdiction in the case. Mr. Hill replied on this
point, and the bench overruled the objection. Mr. Plomer then
addressed the bench on behalf of the defendants. The Chairman said the
court were of opinion that the charge had been proved against Elizabeth
Michell, and ordered her to pay GBP52, being double the value of the
goods found at Mr. Grigg's, and in default of there not being
sufficient distress, to be committed for six months to hard labour.
COMMITTAL - On Saturday last, JANE CLEMOW, of St. Stephens in
Branwell, was committed by Mr. E. COODE jun. to the House of Correction
at Bodmin for twenty-one days to hard labour, as a rogue and vagabond.
SERIOUS ACCIDENT FROM GUNPOWDER - On Monday last, as two men named
MATTHEW NICHOLAS, and EDWARD TREMBATH, were engaged in blasting rocks,
at a place called the Four Parishes, in the parish of Morvah, an
accident occurred through their incaution in placing near them from six
to eight pounds of powder in an open tub. A spark from the hammer fell
into the powder, which instantly exploded, and although providentially
no serious damage was done to the eyes or limbs of the parties, both of
them were very severely burnt. Trembath's clothes were almost all
consumed, and he has since been confined to his bed. Two of Nicholas's
children who were standing near at the time of the explosion, were much
scorched.
CORONERS' INQUESTS - The following inquests have been held before Mr.
GILBERT HAMLEY:- On Tuesday last, in the parish of Linkinhorne, on the
body of Mr. JOHN POAT, a farmer of that parish. Deceased came down
stairs in the morning and ate his breakfast as usual, and was seen
shortly after by his housekeeper carrying some meat to his pigs. A few
minutes after, his opposite neighbour observed that deceased had fallen
down in the pig's-house, and his legs were lying outside the door. He
immediately went to him and with other assistance removed him to his
house where he almost immediately expired; he was a particularly
healthy and active man. Verdict, "apoplexy."
On Saturday last, at Launceston, on the body of JANE VARLOW, who was
found dead in her bed; she went to bed on the previous evening
apparently in her usual good health. A little boy who slept in the
same room hearing the baby (who was sleeping with deceased) cry, took
it out of deceased's bed at four o'clock in the morning. Deceased did
not complain of any illness at that time, and handed the child to him,
but at daylight he discovered she was dead. Verdict, "visitation of
God."
On the 23rd ult., an inquest was held at Mousehole on the body of
RICHARD PEZZACK, master of the barque "Mary," of Penzance, whose sudden
death took place as the vessel was entering the harbour. Verdict,
"died by the visitation of God."
BANKRUPTS - LONDON, WEDNESDAY, APRIL 30, 1851, from the London
Gazette. Tuesday, April 29, 1851. - JAMES HILL, Miller, Saltash,
Cornwall, May 22nd and June 19, at eleven, at the Exeter District
Court. HERNAMAN, official assignee, Exeter; EDMONDS and SONS,
Plymouth; STOGDON, Exeter.
9 May 1851, Friday
FOR VALPARAISO DIRECT - To follow the "Forfarshire" the fine Clipper
Barque "Jane Boyd," Coppered, 387 Tons Register, ISAAC MERCHANT,
Master, will leave Falmouth for the above Port direct, about the end of
May, and offers a very desirable opportunity to passengers who may wish
to proceed to Copiapo. This superior vessel has excellent
accommodation for cabin and steerage passengers. For terms of freight
or passage, apply to G. C. and R. W. FOX, and co., Falmouth, April 23,
1851. Falmouth.
FOR PORT LYTTLETON, CANTERBURY SETTLEMENT - With liberty to land
passengers and goods at the undermentioned ports in New Zealand, the
first-class passenger ships, "Lady Nugent," 668 tons register, for
Canterbury, Nelson, and New Plymouth, to sail on the 28th of May; "Duke
of Portland," 533 tons register, for Canterbury, Wellington, and
Auckland, to sail on the 28th of May, lying in the East India Docks,
chartered and provisioned by the Canterbury Association. Rates of
Passage:- A whole Cabin between decks, GBP42; second Cabin, GBP25;
Steerage, GBP16; Children under fourteen, one-half. Each Ship carries
an experienced Surgeon. For Freight, Passage, or further information,
apply to J. STAYNER, 110 Fenchurch-street; FILBY and CO., 157
Fenchurch-street; or to FREDERICK YOUNG, Manager of Shipping for the
Canterbury Association, 74 Cornhill. Dated April 23, 1851.
THE CENSUS - MARAZION and ST. MICHAEL'S MOUNT - At the census of
1851, the population of Marazion was 637 males and 739 females; total
1,376; showing a decrease of 307 as compared with the population in
1841, which was then 795 males and 888 females. The population of St.
Michael's Mount in 1841 was 162; in 1851, 65 males and 82 females;
total 147; being a decrease of 15 since 1841.
St Enoder - 603 males 550 females. 1841 Census 1127. Increase
26.
Newlyn - 1098 males 1054 females. 1841 Census 1451. Increase
701.
Cubert - 204 males 232 females 1841 Census 367.
Increase 69.
Crantock - 226 males 225 females 1841 Census 450.
Increase 1.
St. Just in Roseland, Sancreed, and Morvah. The following are the
returns by the recent census for these parishes:-
St. Just4,447 males 4,312 females Total 8,759.
Sancreed 699 males 699 females Total 1,398.
Morvah 186 males 181 females Total 367.
Being an increase since 1841, in the parish of St. Just, of 1,716; in
Sancreed, of 150; and a decrease in Morvah, of 28.
PACKET ARRIVAL - On Wednesday week, the "Seagull," Lieut. SMALL,
arrived from Rio Janeiro, after a passage of forty-seven days. She
brought only a small parcel of letters, and but three packets of
diamonds on freight. This is the last vessel on this station as a
packet, and with her this old and valuable station ceases to be the
starting port for her Majesty's mails, at least for the present.
APOTHECARIES' HALL - The following are amongst those who passed their
examination in the science and practice of medicine, and received
certificates to practice, on Thursday May 1:- PHILIP VINCENT, Camborne;
and HENRY SPRY LEVERTON, Truro.
LONDON UNIVERSITY COLLEGE HOSPITAL - The first certificate of honor
in the junior anatomy class, was, on Saturday last, conferred on Mr. F.
T. BOND, formerly of Truro.
WEST DIVISION OF PENWITH - Caution to Van Proprietors - At the
monthly meeting of the Magistrates for this division, held in the
Guildhall, Penzance, on Wednesday last, JOHN PARKYN, the owner of an
unlicensed stage carriage, travelling between Penzance and Redruth,
appeared to answer a charge of having on the 22nd day of February last,
driven his carriage beyond the rate allowed by Act of Parliament, i.e.,
four miles in the hour. Mr. JACKSON, supervisor of Excise, at
Penzance, with Mr. ROSCORLA, solicitor, attended on behalf of the
Commissioners of the Revenue. On behalf of the prosecution Mr. BISHOP
was called, who deposed that he rode in defendant's van on the day in
question, and that it travelled at a greater rate than four miles an
hour. Mr. E. S. BOYNS was also called for the purpose of proving the
parishes through which the defendant travelled in going from Penzance
to Redruth. For the defence Mr. PASCOE complained that the charge
ought to have been preferred at an earlier period; the offence having
been committed so long ago as February last, and the defendant was
utterly unable to recollect the names of any passengers who travelled
with him on the occasion. The defendant denied that he had travelled
beyond the rate allowed in his van on the day in question. The
Magistrates awarded that the defendant should pay the mitigated penalty
of GBP10.
WILLIAM HENRY UREN, the owner of a stage carriage travelling between
Penzance and Helston, was directed to pay a similar penalty for
travelling beyond the rate allowed by act of Parliament on the 10th of
March last. There were several cases of assault, and other charges
heard, but nothing worthy of public interest, and the sittings were
over at an early hour.
ST. AUSTELL PETTY SESSIONS - At these sessions on Tuesday last, JOHN
ANNEAR, who keeps the Seven Stars Inn, was convicted in the penalty of
20s. and costs, for permitting drunkenness in his house on Sunday the
20th ult.
WILLIAM HOUGHTON, of Charlestown, was summoned to answer the charge of
having obstructed the turnpike road in the town of St. Austell, on the
12th ult. It appeared in evidence that Houghton was an old offender,
that he frequently left his wagon in the streets for hours together,
that he had been warned by the police, and that on the day in question
his wagon and horses were standing in the street from two to past seven
o'clock p.m., Houghton himself the meanwhile drinking in a public
house. He was convicted in the penalty of GBP2 and costs.
JOHN MELLOW, of St. Stephens in Branwell, was convicted of committing a
similar offence on the 25th ult., and was fined 5s. and costs.
PETER CLEMES, of St. Austell; appeared to answer a charge under 12th
and 13th Victoria, c. 92, for cock fighting, or encouraging aiding and
assisting at the fighting of the same on Good Friday last. The case
was dismissed for want of evidence.
Mr. THOMAS JAGO, of Mevagissey, was convicted in the penalty of 5s. and
costs for assaulting HENRY COVINS, on the 3rd instant.
ROBBERY AT HAYLE COPPERHOUSE - On Wednesday night, or early in the
morning of Thursday the 1st instant, the shop premises of Mr. HARRIS,
barber and hair dresser, Hayle Copperhouse, was entered by some thief,
who carried off a quantity of razors, besides a macintosh and great
coat. The shop of Mr. INGRAM, watchmaker, which is a room slightly
partitioned off from the above premises, was also entered and robbed of
a watch movement in parts, barrel and glass, together with a
watchmaker's eye-glass. It is supposed that the party must have
entered through the back door, which could not have been secured during
the night, as there is no trace of forcible entrance. A reward of GBP1
has been since offered for the discovery of the guilty party.
ROBBERY AT ALTARNUN - At Camelford, on the 3rd instant, JOHN PAUL, a
travelling pedlar, was committed by the Rev. ROGER BIRD, to the county
goal, to take his trial at the next sessions, for robbing a miner of
the name of WILKIE of his bundle, on the highway in the parish of
Altarnun.
ACCIDENT WITH POWDER - On Tuesday morning last, a young woman named
NICHOLLS, employed in the shop of Messrs. WHEELER and HIGMAN, St.
Austell, went into the wareroom to fetch two pounds of powder, but
instead of returning to the shop went into the kitchen and stood before
the fire with the powder in her hand, when some loose grains on her
dress ignited and set her all in a blaze. Fortunately the cover of the
canister was off, and the powder had free vent, otherwise she must have
been blown to atoms. She had the presence of mind to run and roll
herself in an ashpit that was near, and although severely burnt, she is
in a fair way of recovery.
MINE ACCIDENT - On Monday last an accident happened at Wheal Betsy
Mine, in the parish of St. Agnes. It appears that two horses belonging
to Mr. EDWARD BUTSON where drawing the whim, when from some cause, one
of the kibbles pitched in the shaft, and after some time it fell away,
in consequence of which, the whim was driven at such a rate that the
horses could not keep pace with it. One of the horses was killed on
the spot, and the other horse and the driver narrowly escaped.
CORONER'S INQUESTS - The following inquests have been held before Mr.
JOSEPH HAMLEY, county coroner:- On the 25th ult., at Molines in St.
Austell, on LOUISA HEMETT, a child. The mother left the child in a
chair near the fire, whilst going to the garden adjoining for clothes.
Returning in about five minutes she found some of the kitchen full of
smoke, and on approaching the child found her clothes all on fire. She
put out the fire, but the injuries were such that she died in about two
hours. It was supposed that some clothes, which the mother had put to
dry, had caught fire and came in contact with the child's clothes.
Verdict, "accidentally burnt to death."
On the 26th ult., at Luxulyan, on ANN SOWDEN. She had been an old
servant of the Rev. R. G. GRYLLS. A neighbour was speaking to her at
her door when she appeared in good health; but she suddenly fell down
and was dead in an instant. Verdict, "visitation of God."
On the 29th ult., at the parish of Liskeard, on the body of ELIZABETH
TRELEAVEN. It appeared that she had been staying with her daughter at
Looe, and was going from that place to Fowey in a van. On coming to
Bodinick Passage, she got out to walk down the hill, when a bullock,
that was driven down the hill for the purpose of being taken across the
ferry, ran at her, gored, and injured her so much that she was taken
back to Looe and from thence to her home, where she died in consequence
of the injuries she received from the bullock. There did not appear to
be any blame, to any one, as the bullock was frightened by the people
endeavouring to get him into the boat. Verdict accordingly.
On the 2nd of May, at St. Blazey on the body of ROBERT VICARY. He was
a master shoemaker and had been for many years subject to epileptic
fits. He got up about six o'clock in the morning as usual for the
purpose of going to his shop. One of his workmen came soon after and
not finding the shop open, went to his house for the key. Not finding
him he waited some time and seeing his mother coming from a neighbour's
house, asked where he was, she told him she thought he had gone to the
shop. He was in the habit of going to a summer house in the garden to
read, close by where there was an old pit. His mother went there to
see for him and found him with his legs upward in the pit; she got
assistance and he was taken out. Mr. PETERS, surgeon was soon in
attendance and used every means to restore animation, but without
effect. There was no doubt but that he had been seized with a fit and
fallen into the pit and was suffocated. Verdict accordingly.
On Saturday last, Mr. JOHN CARLYON held an inquest at the Redruth Union
House, on the body of WILLIAM BAWDEN, late of the parish of Phillack,
labourer, aged 70 years, a recently-admitted pauper to the house. He
was found dead in the water-closet belonging to the establishment on
Friday. Verdict "visitation of God."
An inquest was held at St. Columb, on Friday last the 2nd instant,
before Mr. GILBERT HAMLEY, deputy coroner, on the body of a young man,
called JOHN ELLIS, son of Mr. Ellis, saddler, of that place, and lately
a clerk in the office of Messrs. COLLINS and SON, who was found in a
dying state on the previous day in a stable at the back of his father's
residence. The following is the evidence of the witnesses:- ELIZABETH
ELLIS - I am the mother of the deceased, he is twenty one years of
age. I last saw my son alive in my stable between eleven and twelve
o'clock; he was sick and throwing up. He sat down on the sofa and
complained of being sick, and went out into the stable. I followed
him. I asked him if he had taken anything; I asked him twice, he said
he had bought something in Truro. I left him and sent for Mr.
NANKIVELL. When I returned he had fallen along, lying on some furze.
I spoke to him, but he never answered, and never spoke any more. Mr.
MOORMAN was the first who came to the stable whilst I was there. My
son gave me a bottle before I sent for Mr. Nankivell; he took it from
his pocket. I gave it to Mr. Moorman. He took breakfast with me in
the morning; he appeared very comfortable. He returned from the west
of this county the night before, where he had been for a few days on a
visit. He came home in Cornish's van. WILLIAM TRUMAN, clerk to
Messrs. Collins and Son, said the deceased was clerk in the same office
for nearly six years. He was always weak in mind, and had very strange
notions. Was very fond of talking of suicides and murders. Was very
much impaired in mind; saw him about a quarter of an hour before he
died. SARAH ELLIS, aunt to deceased, saw him with something in his
pocket; asked him what it was; he said it was a bottle, and then went
away to the stable. Mr. MOORMAN, surgeon, - Was called on Thursday
about one o'clock by Mrs. Nankivell, to attend on JOHN ELLIS, who was
said to be taken in a fit. I immediately attended, and found deceased
supported by two men on a chair in a stable; I found him pale, gasping,
and in fact dying. I had him placed on his back, and brought in the
air, and thence in the parlour on the sofa. By the time we had him
there he was dead. I made some endeavour to reanimate him, but failed.
His mother handed me a bottle which she had taken from the hands of
deceased. I then, with Mr. Nankivell, who had arrived, examined the
bottle, and found nothing poisonous. I then went back to deceased, and
took from his left pocket a bottle which I now produce. I smelt to it,
and became convinced that it contained prussic acid. I have no doubt
that the deceased died from the effects of prussic acid.
Mr. Nankivell, surgeon - I was yesterday summoned to attend deceased.
I have attended him professionally. I attended him two and a half
years since, and found him in a great state of debility, both of mind
and body. He was not in a condition to conduct any business. When I
came to the house he was dead. Mr. Moorman was by him. This witness
corroborated Mr. Moorman, as to the finding the poison, and as to the
cause of death, and added that there was no label on the bottle, that
he always looked on him as a youth of weak intellect, and was not at
all surprised to find that his death was occasioned by himself.
REBECCA RUNNALS - I left Truro on Wednesday afternoon. The deceased
came up in the same van with me. I have known him some time. He
talked in the van about murders, and people poisoning themselves, and
dying suddenly. The jury found "That the deceased died from taking
Prussic Acid, being at the time of unsound mind."
On Friday last, in the parish of Lanivet on view of the body of FRANCIS
VERRANT, a little boy eleven years of age, who was killed in the
following frightful manner, on the previous day. Mr. WALTER GROSE, a
farmer, residing at Lanivet, stated that on the previous evening he
heard a horse coming towards him at a very rapid pace, and on looking
in the direction, he observed that the poor little fellow who had been
riding on a side-saddle, had fallen from the horse, and his foot was
caught in the stirrup. The body was swinging to and from in a most
frightful manner. He stopped the horse and cut off the stirrup. The
boy was quite insensible, and remained in that state for about an hour,
when he died. The head of the boy did not reach the ground, but the
horse in galloping must have struck him at almost every stride. The
scalp was cut completely off. Verdict, "accidental death."
STANNARIES' COURT - WHITFORD v. SIMMONS - Mineral Court Mine -
The Vice-Warden said this was an application by the plaintiff for an
injunction to restrain the removal of tin ores from Mineral Court mine.
Generally such applications had been made by mining creditors, upon a
reasonable fear that the removal of property on which they had given
credit might lessen their security, and the grounds for granting or
refusing such applications being well know, he had not generally done
more than say whether the injunction should be granted or not. In this
case, however, the application was not so much that of a mining
creditor, as that of an unpaid vendor who has parted with the property
sold. Now an unpaid vendor who has parted with the property sold,
might be compared, as regarded the present question, with an equitable
mortgagee, who may restrain the person not paying him for lowering the
value of his security; he may, for instance, prevent him from cutting
timber (King v. Smith, 2 Hare's Reports, 239.) Hence he would not now
say - for he was not required to - whether a mortgagor or non-paying
vendee of a mine shall be restrained from mining. But he would say
that Mr. Whitford, having let Mr. WEBB and others into possession of
this mine, on an agreement that they shall raise and sell ores, and
from the proceeds pay a stipulative part of Mr. Whitford until the
GBP200 were paid, and that then Mr. Whitford shall assign his interest
in the mine to Mr. Webb, - under those circumstances, he would say,
that Mr. Whitford cannot restrain the sale of ores merely because,
according to his view, Mr. Webb has already sold ores and not paid Mr.
Whitford in compliance with his agreement. The only reason why Mr.
Webb has been allowed possession is that he may raise and sell ores,
and Mr. Whitford is as much interested as any one in his doing so, -
therefore he cannot restrain what he has emphatically allowed. What
might be Mr. Whitford remedy need not now be a subject of
consideration. His Honor further observed that these were his reasons
for not granting the injunction, but it seemed from the affidavit that
there was not much more to be paid. Mr. Hockin intimated that the
matter had been settled.
POPHAM v. COATES and OTHERS, - Mr. BENNALLACK, for the defendants,
obtained a rule nisi for dissolving the injunction granted in this case
at the last sittings to restrain defendants from removing ore from
Pengelly mine, in the parish of Crowan.
JOHNS v. RICKARD and ANOTHER - A creditor's petition against a purser
for payment for goods supplied amounting to GBP18. 13s. 2d. Mr.
CHILCOTT obtained a decree pro confesso, for payment to be made in not
less than five clear days after service.
TILLY v. MACKINTOSH - West United Hills Mine. - This was a purser's
petition for non-payment of debt and costs amounting to GBP85.
Defendant resides out of the Stannaries. Mr. HOCKIN obtained a decree
pro confesso for payment in not less than fifteen days after service.
In the case of the same purser against DICKENSON, Mr. Hockin obtained a
similar decree for payment of GBP55, to be made in not less than ten
days after service. In the case of the same purser, versus SMALL, also
for a debt of GBP55, a decree was granted for payment in ten days.
Also in TILLY v. TRUSCOTT, for a debt of GBP27. 10s., Mr. Hockin
obtained a decree for payment in not less than seven clear days after
service.
BICE v. TIPPET and OTHERS. - Tolcarne Mine. - Mr. ROBERTS obtained a
rule nisi to dismiss the petition against defendants PRYOR and JOSEPH
REYNOLDS for want of prosecution.
MONDAY MAY 5. - On this day the Court disposed of the small debt
cases (under GBP50), of which twenty were entered for trial, with
fifteen motions and twenty-eight equity entries. CHRISTOPHER v.
NICHOLLS - In this action Mr. ARUNDELL ROGERS, of Penzance, appeared
for plaintiff, and Mr. STOKES for defendant. The suit was brought for
the recovery of GBP30, claimed to be due for defendant on his written
undertaking to make good that amount to plaintiff on plaintiff's
advancing the same to Messrs. JAMES and THOMAS OSBORNE, who were in
difficulties at the time, an execution having been levied on the goods
of one of them at the suit of a Mr. WILLIAMS. The guarantee was in
this words:- "Dear Sir, Zennor Churchtown, Jan. 20, 1850. I
recommend you to let Thomas and James Osborne have the use of your
case, as they say they will return it again in about two months time.
And if you are afraid of being defrauded by them of the same, I will
see the same restored to you again. Yours, &c., HENRY NICHOLLS."
"To Mr. NICHOLAS CHRISTOPHER".
It appeared by the evidence for the plaintiff, that plaintiff was a
brother-in-law of the Osbornes, having married their sister, and that
defendant was not a relative, but a friend of the Osbornes; that
defendant was first applied to by the Osbornes for a loan, but not
having the money to advance them, he wrote plaintiff as above; and that
plaintiff did, after receipt of the letter, deliver to one of the
Osbornes a note-of-hand on which a person called DAVEY owed plaintiff
GBP30, for the Osbornes to obtain payment for Davey and apply the money
to their benefit. On behalf of plaintiff it was contended by Mr.
Rogers, that plaintiff parted with the note of hand to the Osbornes on
the express guarantee of defendant; but one of plaintiff's witnesses,
Thomas Osborne, admitted on cross-examination that plaintiff, when he
received the above letter from defendant, said it was not on a stamp
and worth nothing and that on his so saying, plaintiff's wife (the
sister of the Osbornes) pressed plaintiff to let the Osbornes have the
note-of-hand. The fact of the note being paid by Davey, and that the
cash obtained on it was applied to the account of the Osbornes, was
proved by Mr. ROSCORLA, of Penzance, the attorney of the persons by
whom the execution has been levied on the goods of one of the Osbornes.
So that the only question remaining for the jury was the effect of the
defendant's letter, and whether plaintiff had parted with the
note-of-hand relying on the guarantee contained in that letter, or had
rejected the guarantee, and accommodated the Osbornes at the instance
of plaintiff's wife. For the defence, Mr. Stokes submitted that the
guarantee had been rejected by plaintiff, and actually withdrawn by
defendant, before plaintiff handed the note-of-hand to the Osbornes,
and that the note-of-hand was delivered to them only at the urgent
entreaty of plaintiff's wife; in support of which view of the case, a
respectable farmer of Zennor, called MICHELL, was called, who proved
that plaintiff told him he had seen defendant after the letter was
written, and that defendant had gone from his word, and the plaintiff
would not lend the Osbornes money, but that he would do what he could
for them, and would attend the sale of the goods seized in execution,
on their behalf. James Osborne was also called for the defence, to
prove that on receiving defendant's letter, plaintiff said it was worth
nothing, not being stamped, and that afterwards plaintiff was induced
to give Thomas Osborne the note-of-hand for GBP30 at the entreaty of
plaintiff's wife. His Honor summed up the case and the jury returned a
verdict for defendant.
Wednesday, May 7 - LYLE v. HUNT - Carvannal Mine. This was a
purser's petition against an adventurer for costs in arrear, amounting
to GBP25. Mr. T. ROGERS produced affidavits of service of decree pro
confesso for payment, and was granted a rule nisi for sale of share.
ROSCORLA v. HOBSON - Wheal Enys. - A purser's petition for costs.
Mr. STOKES had obtained a decree pro confesso for payment of GBP59. 1s.
5d., and on affidavits of service and non-payment moved for a rule nisi
for sale of shares. Rule nisi granted.
PENGELLY MINE - POPHAM v. COATES and OTHERS - This was a trial in
equity, Mr. T. ROGERS, Mr. STOKES, and Mr. ROBERTS for the plaintiff;
Mr. BENNALLACK and Mr. PLOMER for the defendants. The facts contained
in the petition were stated by Mr. Roberts. The petition was filed by
Mr. CHRISTOPHER WALLIS POPHAM, against Mr. WILLIAM COATS and two
others, and its object was to restrain the defendants from working a
mine called Pengelly, in the parish of Crowan. The plaintiff's case
will be understood from the following statement by Mr. Rogers.
Plaintiff is the proprietor to some extent of lands in the parishes of
Sithney, Breage, and Crowan, and resides in Sithney. One of the
defendants, Mr. Nicholls, also lives in Sithney; the other two
defendants, Mr. COATES and Mr. GUSTARD, reside in London, and were
accountants, or something of that kind. Plaintiff was the owner of the
under ground profits of Pengelly estate, on which was situate Pengelly
mine. In 1848, a Mr. ROBINSON applied for and obtained a license of
plaintiff to work the mine for six months. Shortly before the
expiration of that period, defendant Nicholls applied for a license to
work the mine. The plaintiff wrote him a letter stating that Mr.
Robinson's license had not expired, and that he might apply for the
sett, - if he did not, plaintiff was very willing to give him a
license. The first introduction of defendant Nicholls to the mines was
in consequence of his stating to plaintiff that he had no means of
support, on which plaintiff allowed him to go on the mine and work for
a fortnight, at a tribute pitch of 18s. 6d. in the pound. At the
expiration of that time he asked for a three weeks' license on the 21st
of May, 1849, which the plaintiff granted till the 1st of June, 1849.
During this period Nicholls was endeavouring to get adventurers to work
the sett, and about the time of the expiration of his license on the
1st of June, 1849, he applied to plaintiff for a license on behalf of
defendant Coates and Captain EDWARD THOMAS, (since deceased) and
Nicholls was to be employed on the mine as agent. Plaintiff told
defendant that if they would effectually work the mine, he had no
objection to grant six months' license, which, however, was not granted
until the 2nd of July, 1849. Just before granting that license, Mr.
Popham wrote to Captain Edward Thomas, explaining the terms on which
they should have the license, - that the mine was to be worked in an
effectual, proper, and miner-like manner. That license of the 2nd of
2nd of July expired on the 2nd of January, 1850, from which time to the
26th of April the parties worked without any license, but there were
negotiations proceeding during that period. On the 26th of April,
another license to work for six months was granted, which expired on
the 26th of October, 1850. One condition of that license of the 26th
of April, was that nine men were to be continuously employed during the
six months. It was also understood between the parties that a sett was
to be granted at the end of the six months, but on two conditions,
first, that the terms of the license were fulfilled, and secondly, that
such a list of adventures was furnished as the plaintiff might approve
of. He (Mr. Rogers) should show that the license of the 26th of April
was granted under previous arrangements and conditions, and that before
plaintiff consented to grant if, defendants Coates and Nicholls agreed
with the plaintiff's toller (the mine having been worked before), that
they would forthwith erect an engine for the purpose of exploring and
working the mine. But instead of this, no engine had been erected to
the present moment; and with regard to the employment of nine men, as
named in the license, that in the view of every miner, Mr. Roberts
contended, would mean nine men to be continuously employed in tutwork
for the purpose of exploring. Defendants alleged in their answer that
they had employed nine men, but they did not say they had employed that
number in tutwork. He had no doubt that nine men had been employed
there, perhaps the greater part of the time, or sometimes twenty men,
but not in such a way as to satisfy the terms of the license. The
workings of the mine had been carried on for the last two years, yet
the work that had been done in exploring might all have been
accomplished by nine men in nine months. The fact was that instead of
erecting an engine to carry on operations below the adit level, and
employing tutwork men, they had set tribute pitches and taken away the
backs of the lodes above the adit, selling the tin sometimes
fortnightly or weekly, and by taking away the backs had made the mine
all the worse for any future company of adventurers. Mr. Rogers
further said he should prove by plaintiff's toller, Captain SAMUEL
ADAMS, that complaints had been repeatedly made to defendants Nicholls
and Coates, that they were not effectually working the mine. He
further went on to state that in October, 1850, when defendants'
license expired, there were various interviews between defendants
Coates and Nicholls and plaintiff and Captain Adams. At the first
interview, defendants asked plaintiff to give them a further license
for twelve months; but Mr. Popham told them that no license or sett
would be granted unless a sum of money was deposited with him as a
guarantee for the effectual working of the mine. Plaintiff afterwards
saw his toller, Adams, and gave him directions to make the best
arrangement he could with Mr. Coates as to the amount to be deposited.
The toller then made an arrangement with Coates to grant a further
license for twelve months on a deposit of GBP50; but Mr. Popham, in
ignorance of that arrangement, wrote the letter of the 17th of October,
(set out in the petition), and which mentioned GBP100 as the sum to be
deposited. That course, the deposit of a sum of money as a guarantee
for effectual working, Mr. Rogers said was what was commonly asked for
in this county by landed proprietors when they are not perfectly
satisfied with the responsibility of the parties who seek to work their
land, the deposit being forfeited to the proprietor in case the
agreement is not carried out. Mr. Rogers further read a letter from
WILLIAM DAVEY, (pay-clerk of the mine) in reference to this agreement
for the deposit of GBP50; it being a part of the agreement between the
toller and Coates, that on the GBP50 being sent down, defendants should
have the further license of Pengelly mine for twelve months, and also a
little mine called Wheal Harriet, and the toller furnished Davey with
the grant of Wheal Harriet on the promise that the GBP50 should be
forthcoming. Mr. Rogers next referred to the list of adventurers which
was handed by defendant Coates to plaintiff just before the expiration
of the license in October last. That list, he said was totally
unsatisfactory to plaintiff. He read the seven names of the parties,
to whom were allotted 355 shares, whilst the whole number, according to
a prospectus issued, was to be 1,248 shares. Twenty shares were
appropriated to defendant Nicholls, and the other shareholders were
parties resident in London, and under the last name which had shares
opposite to it, were the names of two ladies with no shares mentioned.
Though the shareholders were all dubbed esquires in the list, it was
not such a list as plaintiff could approve of, and having only 355
shares allotted out of 1,248. He then went on to read from a printed
prospectus of the concern, that the 1248 shares were to be allotted at
GBP2 each, and in the handwriting of defendant Coates, at the bottom of
the printed prospectus, a committee of management was named, all
resident in London, and then followed a "very cheering" report of the
mine by defendant Nicholls, setting out the state of the workings, the
tin they had sold and expected to sell, &c. Defendants stated in their
answer that they had expended GBP500 in the mine, but he (Mr. Rogers)
would ask whether that corresponded with the report of Nicholls, which
stated that thousands of pounds worth of ore could be raised from the
mine, without incurring the cost of an engine. He should prove that no
such sum as GBP500 had been expended; the only machinery defendants had
placed on the mine was a horse whim, which was brought for GBP3 or
GBP3. 10s., and the only erections were a counting-house and smiths'
shop, and miners would be amused when told that both those erections
were made at a cost of GBP8. He should also say that both those
erections had been made since the expiration of the license, since
which time notwithstanding the denial of plaintiff, they had continued
to carry on their operations; yet the whole cost of their workings,
&c., could not have cost more that GBP250 instead of GBP500 as stated
by defendants. He should also show that more than GBP300 worth of ores
had been sold, and that there was now about GBP100 worth on the mine, a
considerable quantity having been raised since the injunction was
granted by the Vice-Warden's Court to restrain the removal of ores.
Mr. Rogers submitted that the spirit and intention of the license
granted to defendants for six months, was not that they should go there
to explore entirely unexplored ground, but to extend a mine which had
been to some extent worked before. To show this, he read a letter from
plaintiff to defendant Coats, on the 18th of March, 1850. Defendants
however, had not acted according to the spirit and intention, or the
terms of the license. They had not employed nine men continuously as
had been agreed on, and which condition in a license he should call
evidence to show meant nine men to be employed in tut-work; for
according to good mining, whilst the backs of the lodes were stopped on
tribute, tutwork men ought to have been employed in driving the end at
the same time. The conditions of the license had therefore been
broken, by the non-employment of tutwork men in excavating and
exploring, and by the non-production of a satisfactory list of
adventurers. If indeed, defendants had ever a right to the sett, they
had abandoned that right by entering on a subsequent agreement, which
agreement also they had failed to fulfil. The course they had been
pursuing was to the damage of plaintiff's property, who had lost in
dues by the mine not being effectually worked, whilst also by the
course defendants had taken, the sett had been rendered less valuable
for another company. He enlarged on these points to some extent, and
trusted that the court would grant an injunction to restrain the
defendants from working, and also order than an account should be
rendered by defendants of the ores they had raised, in accordance with
the prayer of the petition. After some suggestions by the Vice Warden
with the view of having irrelevant matters discarded from the evidence,
Mr. Rogers called in support of the plaintiff's case, Captain SAMUEL
ADAMS, toller for plaintiff Captain M. W. MARTIN, toller for Canon
ROGERS; Captain RICHARD BLIGHT, of Wheal Vor; W. E. CUDLIP, merchant;
and R. GOLDSWORTHY, miner. The Court then rose.
Thursday, May 8. - POPHAM v. COATES and OTHERS - The case was
proceeded with this morning. Mr. Stokes on the part of plaintiff,
summed up the evidence; after which Mr. Plomer addressed the Court in
behalf of defendants, and then proceeded to call witnesses. We shall
give the remaining part of the trial next week.
16 May 1851, Friday
STANNARIES COURT - Thursday, May 8. PENGELLY MINE - POPHAM v. COATES
and OTHERS - We gave last week the plaintiff's case, as opened by Mr.
T. ROGERS. On Thursday, Mr. PLOMER (who conducted the defence)
addressed the court on behalf of the defence) addressed the court on
behalf of the defendants, and pressed, with great energy, upon his
Honor that the question involved in this case was, whether or not that
confidence which had existed between the lords of mines and their
grantees from time immemorial, should be for ever broken, and whether
an owner of mines was justified in equity in inducing parties to expend
their capital in working his ground, and whether such owner upon a
frivolous or capricious pretence might turn round upon the parties, who
had trusted not only to their license but to his honour and sense of
honesty, and quietly force them out of the mine, and reap the advantage
of all that had been done at their expense. Mr. Plomer then called the
attention of the court to the charge against the defendants of working
in an "ineffective, irregular, and unminerlike manner," and contended
that not only had the plaintiff's own witnesses contradicted that
charge, by proving that "all that had been done was well done," but
that, even assuming that the charge had been substantiated, it was not
sufficient to warrant the court in continuing such a terrible weapon as
an injunction. He then proceeded to argue that the plaintiff was not
entitled to the injunction unless his inheritance was threatened with
irremediable damage, and that inasmuch as the plaintiff had his full
remedy at law, in trespass or ejectment, he had no right to come and
ask for assistance of a court of equity, upon a mere squabble as to who
was entitled to possession, or to seek to turn the writ of injunction
into a writ of possession.
The following witnesses were then examined for the defendants, to
prove:- That nine men had been kept at tutwork during the license of
1850, and that the condition in a license to keep nine men at work did
not mean nine men at tutwork. That plaintiff had received the list of
adventurers from the hands of defendant Coates, in the presence of
witness Davey, and the defendant Nicholas, and had read it over and
made no objection whatever to it. That the proposal as to the second
agreement was not carried into effect, because Coates expected
plaintiff to give a note of hand. That all dues had been paid or
tendered to plaintiff up to the end of January last. That the mine had
been worked in a minerlike manner, and that no waste or injury had been
done to plaintiff's property; but on the contrary the mine was in a far
better state than when the license was granted. That on the 19th of
December last, (two months after the expiration of the license) Adams
(plaintiff's toller) went underground with defendant Nicholas, and held
a long conversation with Nicholas and the witnesses BASTIEN and
TREMBATH, as to the workings in the mine, and suggested a course of
working, which had been followed. That Adams had not stated the truth
in many particulars. The witnesses names were WILLIAM DAVEY,
(Pay-Clerk) WILLIAM BASTIAN, JACOB TREMBATH, and WILLIAM BRENTON.
Mr. Rogers pressed for an injunction on the ground that the property
affected was of a perishable nature; and in conclusion, he hoped if his
Honor's mind was not made up on the case, that he would at least
continue the temporary injunction, until judgment was given.
In this case the Vice-Warden delivered the following judgment.
CHRISTOPHER WALLIS POPHAM, on a petition filed at the last sittings of
this court, prayed for an injunction to Restrain WILLIAM COATES, JAMES
GUSTARD, and WILLIAM NICHOLAS, from carrying on mine workings in
Pengelly mine, and for an account of the ores raised from that mine
during the continuance of a certain license set out in the petition,
and payment of dues thereon to plaintiff; also for an account of tin
ores sold by defendants since the expiration of the license, and
payment to plaintiff of the proceeds of such sale. The injunction must
be dismissed, and the injunction must be dissolved. But the parties
must go before the Registrar with accounts of the ores raised during
the continuance of the license, and of ores raised between its
termination and the 12th of November, 1850. After that date the
defendants, as far as I can perceive, were merely trespassers, and any
acts then are the subject of a verdict of a jury for damages, and not
of an account in this court. At present I say nothing about costs.
The defendants have failed to support many of their allegations, and of
course they are not to charge the plaintiff with the costs of those
allegations. The plaintiff seems to admit full payment of the dues up
to the 19th of October, 1850. Such is the natural construction of his
language, though that is not so allowed by his advocate. There may
also be dues accruing after the 19th and before the 26th of October.
Until I am informed on this by the Registrar, I shall withhold my
decision as to the costs.
TIPPET v. HERNAMAN. - Mr. HOCKIN stated that this was the case of a
purser's petition against the official assignee of a bankrupt -
CRADOCK. The case was heard in August last, and it was referred to the
Registrar to ascertain the actual balance. The Registrar had reported
that there was a balance of GBP10. 3s. 3d. due from defendant. To that
report there was no exceptions; and Mr. Hockin now moved that it be
confirmed. Report confirmed with costs.
BICE v. E. TIPPET and OTHERS - This was a question of costs. A
petition had been filed by plaintiff for recovery of a share in
Tolcarne Mine. Defendant EDWARD TIPPET, of Camborne, had allowed a
decree pro confesso to pass against him, and the petition had been
dismissed as against the other defendants, JOSEPH REYNOLDS and FRANCIS
PRYOR, for want of prosecution. It was stated that defendant Pryor had
in fact had nothing whatever to do with the transactions between the
parties respecting the share in question, but as he had succeeded in
the pursership, it was thought necessary to include him in the
petition. Mr. Hockin now submitted that defendant Tippet should pay
the costs, he having been the cause of plaintiff's filing the petition.
Mr. ROBERTS, contra, contended that as the petition had been dismissed
against Reynolds and Pryor for want of prosecution, they were both
entitled to their costs from plaintiff, who might afterwards settle
that question with Tippet. The Vice Warden decided that the motion
having been occasioned by the suit not having been proceeded with, the
costs must be paid by the plaintiff.
JONES v. GYTE - On the motion of Mr. ROBERTS, the Registrar's report
in this case was confirmed.
WOOLCOCK v. BROWN - A small debt case tried at the last sittings in
which a verdict was given for defendant. Mr. CHILCOTT afterwards
obtained a rule nisi for a new trial on the ground that the verdict was
against the weight of evidence. Mr. STOKES now showed cause against
the rule, and Mr. Chilcott was heard in support of it. The rule was
made absolute for a new trial.
LYLE v. SIMMONS - Carvannal Mine - Mr. HOCKIN said this was a
purser's petition, and it had been agreed between the parties to refer
the case to the Registrar. The sum claimed was GBP263. 2s. 11d.
ALLEN AND ANOTHER v. RICHARD MORCOM - This was a petition by two
tributers against a purser. The petition was heard in May 1850, and
dismissed with costs; and it was further ordered that plaintiffs should
pay to defendant GBP17. 3s. 11d., being costs incurred in defending
himself. On affidavits of non-payment, Mr. CHILCOTT now moved for an
attachment against plaintiffs. Rule nisi granted.
BLAMEY v. JEWEL - This was a case of share bargaining between the
parties, which took place at Pearce's Royal Hotel. An action was
brought, and a verdict given for plaintiff with GBP30 damages. Mr.
HOCKIN, for defendant, afterwards obtained a rule nisi to show cause
why there should not be a new trial or a reduction of damages. Mr.
STOKES for plaintiff, now said it had been agreed to reduce the damages
from GBP30 to GBP20. Mr. Hockin moved for a reduction that that
amount; Mr. STOKES assented; and the Vice Warden ordered that the
damages be reduced as agreed on.
LYLE v. HUNT - On the motion of Mr. BENALLACK, the rule nisi for sale
of shares in this case was made absolute.
ROSCORLA v. HOBSON - Wheal Enys - A purser's petition. On the
motion of Mr. STOKES, the rule nisi for sale of defendant's shares was
made absolute.
FIRE-WORKS - On Friday the 9th instant, (the evening after the Flora
day) the inhabitants of Helston were favoured with a grand display of
fire-works, by Mr. WILLIAM CUNNACK, of Penzance, the celebrated
Pyrotechnist, and the evening being fine, it gave the greater effect to
most of the splendid productions.
EXETER DISTRICT COURT OF BANKRUPTCY - Dividends have lately been
declared in the following estates:- SAMUEL PARNELL, grocer and draper,
East Looe. A first dividend of 2s. 6d. in the pound on new proofs, and
a final dividend of 1s. 11 1/2 on the whole. Debts proved, GBP816. 9s.
5d. Dividend, GBP91. 2s. 11d.
THOMAS DANIELL, cooper smelter, Trelissick. First dividend of 6s. 8d.
in the pound on new proofs, and a final dividend of 3 1/2 d. in the
pound on all. Debts proved, GBP39, 096. 5s. 1d. Dividend, GBP613. 7s.
1d.
CORNWALL COUNTY COURTS - Helston. - This court was held on Monday
last. In March last we referred to some actions brought by tradesmen
of Helston, against JOHN PASCOE, late of that place, but now of London,
and described as secretary to the North Basset Mining Company. The
learned Judge, considering on that occasion that there was some
collusion between the Bailiff of the London Court and the defendant,
new summonses were issued, and the cases were tried at this court, and
verdicts amounting to GBP40. 12s. 1d. given for the plaintiffs.
The only case which excited any public interest on Monday last, was an
action by WILLIAM TRESIDDER and ELIZABETH his wife, against OLIVER
HOCKING, for an assault (tried before a jury). Mr. H. ROGERS appeared
for plaintiffs, and Mr. HILL for defendant. An error having been made
in joining the assaults committed on plaintiff and his wife in one
action. Mr. Rogers elected to proceed with the assault on the wife.
William Tresidder is a wheelwright, carrying on a small trade in
Helston, and the defendant is an innkeeper of the same place. The
plaintiff is a man of large stature and well adapted for the pugilistic
science, the defendant is short, and may be classed among the light
weights. It appeared from the evidence that in December last they
fought a prize fight for GBP5, and the plaintiff came off victorious
since which time plaintiff has been known as the "Helston slasher," and
defendant as "the bantam." On the night of the 5th of March last they
met at the Seven Stars Inn, in Helston and having partaken of John
Barleycorn a little too freely, the old grievance was re-opened;
challengers were made for another fight, and on plaintiff jeeringly
naming defendant's wife, defendant struck Tresidder two violent blows,
which he did not return. Elizabeth Tresidder was present and
threatened to make Hocking pay for striking her husband, on which
defendant also struck her. Tresidder summoned Hocking before the
magistrates for the assaults, but the matter was left to reference, and
the referee awarded GBP5. Hocking refused to pay this sum on the
ground that Tresidder had tampered with the referee, and the present
action was therefore brought and the damages laid at GBP6. Four
witnesses were called to prove the facts of the case, and plaintiff
swore that he had incurred GBP2 expenses in summoning defendant before
the magistrates, besides considerable time he had lost about the
matter. Mr. Hill made a very humorous appeal to the jury on behalf of
the defendant. He admitted that an assault had been committed on
Elizabeth Tresidder, as no words would justify an assault, but he
strongly contended that the smallest sum would compensate for the
injury sustained, looking at the provocation given to the defendant.
The jury returned a verdict for plaintiff for GBP2. 10s.
PENZANCE - At the sittings of this court on the 13th and 14th
instant, there appeared eighty-three cases on the list. This number
comprised two cases of interpleader, which however did not come on for
hearing. TOZER and UXOR v. GUNDRY - Mr. H. ROGERS appeared for
plaintiffs, and Mr. HICHENS for defendant. This action was brought to
recover the sum of GBP50 arrears of annuity, due to the plaintiff from
the defendant as the executor of CHARLES GUNDRY, deceased. The
defendant contended he had no assets, and the case was adjourned to
this court for the examination of the defendant's accounts. Mr.
Hichens produced the accounts but Mr. Rogers contended that they were
unsatisfactory on the ground that they only covered a period of three
years instead of twenty years. Mr. Rogers further argued that the
defendant was liable for the full amount because the annuity being an
absolute charge on the leasehold property itself, the defendants was
bound to accumulate the surplus of rents in former years, in order to
provide for any deficiency which might arise by reason of the
deprivation of property, especially as the defendant had chosen to
accept the legacy subject to the annuity. The Judge concurred in Mr.
Rogers's observations, and gave judgment for the full amount claimed in
favour of the plaintiffs.
JAMES and OTHERS v. CORPORATION OF PENZANCE - In this case, in which
the plaintiffs some courts since recovered a verdict against the
defendants for GBP50, Mr. PASCOE for Messrs. HODGE and HOCKIN, of
Truro, applied to the court for an order on the Clerk to pay over to
the plaintiffs the debt and costs in his hands. The learned advocate
stated that the defendants had appealed, but taken no further steps.
Mr. DARKE, on behalf of the defendants, explained that he had been
unable to attend to the case sufficiently long to prepare his case but
he now undertook that he would either consent to the money being paid
out of court to the plaintiffs, or proceed with the appeal within three
weeks. The Court considered the proposition a reasonable one, and
acceded thereto.
TRURO POLICE - On Monday last, JOHN RANDALL, of Truro, pipe-maker,
was fined 2s. 6d. and 11s. costs for assaulting JOHN TREBELL jun., on
the previous Friday. On the morning in question, the prosecutor was
going to his work at Mr. ELISHA RANDALL's (the defendant's brother) and
was overtaken in Pydar Street by the defendant, when he (as the
prosecutor asserts) struck the prosecutor on the face and over the back
with a whip without the slightest provocation. The defendant pleaded
guilty.
HENRY FLINN, an old offender, was fined 5s. and 11s. costs for being
drunk at the quay on the 10th instant. In default of payment in a
week, it was ordered that he should be put in the stocks for six hours.
WILLIAM THOMAS was charged with a similar offence, but as he was never
before complained against, he was dismissed on payment of costs.
On Thursday, CHARLES COLES and THOMAS TRAYS were committed for trial
for stealing a loaf of bread from the shop of THOMAS WILLIAMS,
Kenwyn-street.
CAUTION TO OMNIBUS PROPRIETORS - At the Helston Petty Sessions on the
10th instant, JAMES THOMAS of Falmouth, WILLIAM MITCHELL, of Penzance,
WILLIAM LIBBY, and JOSEPH REYNOLDS, of Helston, omnibus proprietors,
were summoned under the 2nd and 3rd Wm. 4, c. 120, s. 27, for driving
upwards of four miles an hour, not having a licence to do so. Mr. HILL
appeared on behalf of the Commissioners of the Inland Revenue, and Mr.
PLOMER defended Libby and Reynolds. Mr. JOHN BISHOP, an officer in the
employ of the Inland Revenue, and Mr. JACKSON, Supervisor, proved the
charges against the parties, and they were fined GBP5 each and costs.
DUCK-STEALING - On Tuesday morning last, THOMAS PETERS, JOHN WARREN,
and THOMAS JOHNS, railway labourers, were committed to take their trial
at the county sessions, for stealing, on Saturday night last, five
ducks, the property of Mr. TREWHELLS, of Polgrean, in Ludgvan.
COMMITTALS - On Monday last, JAMES HOUGHTON, of Charlestown, was
committed by Sir J. S. G. SAWLE, to the house of correction at Bodmin,
for one calendar month, for running away and leaving his family
chargeable to the parish of St. Austell.
WILLIAM CROWLE, of St. Austell, was also committed for three calendar
months for the like offence, this being his second conviction.
On Wednesday the 14th instant, WILLIAM CLARKE and HENRY HUGO were
convicted by Sir J. S. G. Sawle, of having committed a breach of the
peace, at St. Austell, on the 13th instant, and were required to find
sureties to keep the peace for six calendar months, and in default were
committed to the house of correction for one calendar month.
CORONER'S INQUESTS - The following inquests have been held before Mr.
HAMLEY, county coroner:- At Holmbush, St. Austell, on Friday last, on
WILLIAM COCK, a miner, who was killed in the eastern part of Polgooth
mine, under the following circumstances:- JOHN BLIGHT, sworn - I am a
miner, and work in Polgooth Mine. Deceased was my comrade. On
Wednesday last, about eleven o'clock, we were working in the sixty-six
fathoms level. We had just shot a hole. Cock was sitting on his
barrow whilst I was preparing to take away the rubbish; all at once a
scale of earth came away on him and buried him. I got a light and
assistance, and we got him out in a few minutes, but he was quite dead.
I did not consider that there was the least danger. I was about six
feet from him. I do not think the explosion in shooting the hole had
anything to do with it. Verdict, "accidental death."
At St. Neot, on Saturday last, on JOHN HARVEY, a child, a year and a
half old, burnt to death by his clothes taking fire. It appeared that
the mother, a poor woman, had gone out leaving him with two other
children. There were several families under the same roof, one of the
neighbours heard on of the children crying that John was burning; and a
little boy who ran in first saw the child in the fire where he had
fallen, and tried to get him out; the mother at this time returned.
The child lived for a fortnight, but died in consequence of the injury.
Verdict, "accidentally burnt to death."
The following inquests have been held before Mr. JOHN CARLYON, county
coroner, since our last report:- On Saturday, at Truro, on the body of
ELDRED CURRY, a little boy, aged seven years, who was amusing himself
by throwing stones into the river, near Mr. BAYNARD's slip, on Lemon
quay, when he unfortunately fell in and was drowned. Verdict,
"accidentally drowned."
On Monday last, at Gerrans, on the body of a man supposed to be a
sailor, and between 50 and 60 years of age, who was found washed ashore
at Creek Stephens Beach, in Gerrans Bay, on Sunday. It did not appear
to have been in the water very long, but no one present could identify
it, or give any account how the deceased came by his death. He was
dressed in a light-coloured oil-skin coat and trousers, with a blue
linen trousers inside, and a pair of drawers, a plaid waistcoat, grey
Guernsey frock, marked F. M., a blue woollen shirt and a check cotton
one, grey worsted stockings, and sea boots. There was a figure of a
female blackened on each arm. The jury returned an open verdict, and
the body was buried the same afternoon, but before it was removed it
was identified by the master and supercargo of the French sloop
"Ernest," from Treguier, Lelaguin, master, who stated that deceased was
one of their crew (the uncle of the master), and that when about three
leagues off the coast last Thursday, he was struck overboard by the
boom.
23 May 1851, Friday
MEVAGISSEY - A correspondent wishes to direct the attention of the
ladies and shopkeepers of Mevagissey to the evils of the late-house
system in drapers and other shops. He says it prevents the assistants
from devoting any time to self-improvement, and in many instances has
such an effect on their health as to send them to an early grave.
POTATOE DISEASE - The potatoe plant in the Scilly Islands has been
again attacked by the disease which for several seasons has proved so
fatal. It is feared it will be more injurious in that locality this
year than in any previous year. Many of the potatoe fields, which a
few weeks ago were looking green and where plants were healthy, are now
quite black. The farmers are busy digging up what is in the ground as
there is no chance of the diseased plant every growing any more.
EMIGRATION - The friends of those who sailed for New York in the
"Mountaineer" on the 1st of April, will be glad to hear the safe
arrival of that vessel at the port in question on the 29th ult., after
a short and pleasant passage. The passengers were all in good health
and spirits, and two days afterwards the "Mountaineer" proceeded to
Honduras for her homeward cargo.
EMIGRATION TO AUSTRALIA - A letter has been handed to us from Mr.
NICHOLAS BOADEN addressed to Mr. W. CHAPMAN of Veryan, and from which
it may useful to make a few extracts. The writer embarked with others
of his relatives at Plymouth, in a shop of 660 tons burden, for
Adelaide, in South Australia. They had a short passage of only
ninety-five days; but he makes strong complaint of the treatment of the
passengers. Speaking of sickness on board he says, "a great deal of
the illness of ourselves and others was owing, especially among the
women, to pigs' slush on deck, and getting up to wash before daylight
to finish by seven in the morning, the chief officer being very uncivil
to all except cabin passengers, &c." He censures the conduct of
officers on board emigrant ships; - "Many of the young women are ruined
before their arrival in the colony, where nearly one-fourth of whole
cargoes of females were carried to common brothels. The bishop has
written home about this, and it will be remedied. All females should
come under the protection of some real friend. Virtuous girls here get
good settlements after a time; they get from GBP16 to GBP18 a year as
nursery maids, servants, and cooks." He complains that "the provisions
of the ship were generally poor and insufficient; that there were no
proper conveniences for cooking, the emigrants' cook's galley being
about sufficient for fourteen people; and that the contents of
"evidently designedly broken boxes" belonging to passengers, were
stolen by the crew. "With great improvements in the ship charterers
and chandlers, who treat Britons as slaves for profit, things would do
very well, the captains being able navigators; but better accommodation
is required in many instances in the fitting up, too many being crammed
on board." He states that the doctor on board exerted himself manfully
for the passengers in procuring some of their rights. The writer
arrived at Adelaide on the 11th of June 1850, and his letter is dated
7th of December last. Referring to the colony he says,- "The people
here are on the whole, including merchants, tradesmen, farmers, miners,
and stockholders, shepherds, flock-masters, and labourers, in good
living condition, - clerks and literary men not wanted. Many persons
are making fortunes rapidly, but some few are in difficulty, though
that is no fault of the country. The country districts are improving
rapidly, and townships springing up, and the city (Adelaide) improving
wonderfully. Wages average about 4s. a day for hard labourers.
Farming will by and bye do well here, but on this point we speak with
caution, having had little or nothing to do with it. Blacksmiths,
carpenters, masons, &c., are better paid than any other workmen,
realising GBP2. 2s. per week. Shoemaking pays well; even rough
cobblers are saving money, and can get from GBP3 to GBP5 a week
sometimes. This I had from a native of Mawgan in Meneage, and from
another from Penzance, who are their own masters here. Climate hot,
and as in other new countries, people must expect to work hard for
their money; industrious people are sure to do well. Working bullocks
are about GBP10 a pair (dearer than fat); cows and calves vary from
GBP3 to GBP5; sheep for butchers, 6s. to 7s. each."
TRURO POLICE - On Monday last, WILLIAM CLERK was committed for one
month to hard labour for begging.
On Tuesday, MARY ANN THOMAS and ELIZABETH THOMAS were committed to the
house of correction for two months, in default of paying 4s. damage and
9s. costs. The damage was by their breaking four panes of glass at the
Red Lion Hotel, kept by Mr. LENDERYOU; they had also broken glass at
other places in the town. These two women have been sent to the house
of correction on several occasions for the same offence; and as soon as
they arrive in the town from gaol, they break glass before the eyes of
the police, with the view apparently of being sent up again.
CHARGE OF ROBBERY AT TRURO - On Tuesday last, JOHN HART, WILLIAM
PALMER, and ANN, his wife, were charged before the magistrates at
Truro, with robbing JOHN GEORGE ELKINGTON of four GBP5 notes, GBP31 in
sovereigns, GBP8 in silver, and a razor. Elkington stated that he was
a sub-contractor on the Hayle and Penzance portion of the West Cornwall
Railway, now in process of construction. He received on Saturday last
from Mr. RITSON, the contractor, for work done, GBP86. 19s., consisting
of seven five-pound notes of the East Cornwall Bank, forty sovereigns,
and GBP11. 19s. in silver. He paid out of the money GBP2 only. About
half-past six in the evening he left Hayle on horseback, and arrived in
Truro about half-past nine. He stopped at the George and Dragon Inn,
St. Austell Street, and was joined there by JOHN HART and WILLIAM
PALMER. Hart had worked for Elkington, but Palmer was a stranger to
him. They had porter, gin, and lemonade to drink. They then left the
George and Dragon, and went to the London Inn, in Pydar street, where
they drank two half-pints of gin. After this they went to Palmer's
lodgings, who occupies one room of a house on Michell-hill. Palmer's
family slept in one of the beds, and Elkington and Hart in the other.
When Elkington went to bed, he says he felt the bag containing his
money to be safe in his coat pocket and his pay-book, memorandum-book,
letters, and Razor case, were in the other pockets of his coat. When
he took off his coat to undress, he folded it up so as to have the
pocket containing his money, on the inside. He placed his coat on a
chair, and folded up his other clothes and put them in the same place.
Though he had been drinking he says he knew perfectly well what he was
about; but Hart was very tipsy, and it was very apparent that Palmer
had been drinking. About three o'clock on Sunday morning Elkington was
awoke by Hart, who said he wanted something to drink; he also said,
"Master you had better get up and set off by the coach, if those
fellows come up from Hayle you are sure to be killed." (this referred
to Elkington's having left Hayle without paying his navvies.)
Elkington went on to state that he then got out of bed, and found his
clothes, papers, books, and letters scattered about the floor. He
examined his coat, and found his money bag in a different pocket from
that in which he placed it, and it contained only three five-pound
notes, three sovereigns, and GBP3. 19s. in silver. He told Mrs. Palmer
he had been robbed, to which she replied that she did not think any
strange person had been in the house; Palmer said the same; Hart told
them no one could have taken the money but one of them. Some other
expressions of the accused parties were deposed to by Elkington. At
length Palmer took Elkington to the coach-office, and Hart urged him to
go off by the coach, saying "there are the b-----y fellows there, you
will be killed," (alluding to some of the unpaid labourers who came
from Hayle on Sunday morning.) Elkington further said, Hart saw me
with the money at Hayle, and told Palmer that I had come away from
Hayle because I could not pay the men that night, - that I had the
money then in my pocket, and that he should not like anything to happen
to me because I was a good fellow." It appeared that Hart, Palmer, and
Mrs. Palmer were afterwards apprehended on a magistrate's warrant. The
only evidence given on Tuesday was that of Elkington, and the prisoners
were remanded until Friday.
In reference to this case we have received the following from
Penzance:- Elkington it appears had absconded without paying the men
employed by him on the railway the wages due to them. The number of
men thus defrauded of their money is eighty-five; and to some of them
so much as GBP7 per man is owing. There were several weeks' pay due,
the whole of which, amounting to near upon GBP400 has been carried off
by Elkington. Immediately on learning the departure of Elkington, four
workmen named respectively PERROW, SEMMENS, TREWHELLA, and THOMAS,
started in pursuit. They discovered him in Truro at four o'clock on
the Sunday morning. He was just about getting inside the Exeter mail,
but on seeing the men he endeavoured to elude them by running away; the
men however, perceived his intention, and after some trouble succeeded
in seizing him. With much difficulty the men obtained some portion of
the amount due to them; but this was all they could do, and eventually
they were compelled much to their regret to let him go. Since this
occurrence we understand that Mr. RITSON, the contractor, has, on
finding that a small balance remained due to Elkington on the work done
by him, taken it upon himself to apportion the same amongst the men
according to the respective amounts due to them, which has given them
about 6d. per day each for the time they have worked. Previous to
their obtaining this trifling payment, many of the poor fellows were
actually penniless, and without the means of obtaining common
necessaries.
COMMITTAL - On Tuesday last, ELISHA HOLMAN, of Besore, in the parish
of Kenwyn, was committed for trial for assaulting GRACE LAVIN.
At Falmouth, on Saturday last, JAMES WILLIAMS, labourer, was committed
for trial to the county sessions on a charge of stealing rabbits from
Mr. ANTHONY THOMAS, farmer, of the parish of Falmouth. And on Monday,
JOSEPH and JOHN BASSETT, who had been remanded from Friday last, were
both committed to Bodmin for having been found on the premises of Mr.
ROBERTS, cabinet-maker, with intent to commit a felony. Joseph Bassett
was sentenced to three months' and John Bassett to two months'
imprisonment, with hard labour.
FALMOUTH GUILDHALL - On Tuesday last, before Mr. TICKELL, mayor, and
Mr. R. R. BROAD, JANE WILLIAMS, of St. Ives, was summoned by Ann Prout,
for an assault, which was dismissed, each paying her own costs.
RICHARD TRERISE, RICHARD TRERISE, the younger, JOHN BROADLEY, and
WILLIAM BURMAN were summoned to answer the complaint of JAMES WILLIAMS,
for an assault. The two latter were convicted and fined 5s. each and
5s. costs, or in default, seven days' imprisonment; the two Trerises
were discharged by paying their costs. Broadley on being put to prison
refused to have his head cropped, but after some time the gaoler had it
done; Burman also refused to have his waving curls sheared, and paid
the amount to save them from the ruthless hands of the prison barber.
Some time afterwards the 10s. was paid for Broadley, but he had been
close shorn before the cash was forthcoming.
OBTAINING GOODS UNDER FALSE PRETENCES - On Monday last, JAMES
ARUNDELL, of St. Austell, was committed by Sir JOSEPH S. G. SAWLE,
Bart., to take his trial at the next sessions on the charge of having
obtained sundry articles to the value of 17s. 6d., from Mr. AARON
PARSONS, currier, under false pretences.
DISGRACEFUL OUTRAGE - On the night of Thursday last, at Moorswater
Lodge, near Liskeard, the residence of Mrs. LYNE, some miscreants cut
off the head of one of the swans, killed a Solan goose, destroyed an
ornamental fountain that threw up a beautiful jet near the centre of a
fish pond, and perpetrated other abominable acts. A reward of GBP20
has been offered for the detection and conviction of the offenders.
SERIOUS OMNIBUS ACCIDENT - On Tuesday last, an alarming accident
occurred to Mr. POOL's omnibus running between Penzance and Hayle. It
appears that when near White Cross, on its way to meet the first train,
one of the horses took fright, and in endeavouring to stop it, the
reins broke, and the animal became unmanageable dashed up an embankment
and overturned the vehicle. Several of the passengers received
injuries, Mr. EDMONDS, butcher, of Lelant, having had the cap of his
knee broken. The horse, we understand, was so much injured that it was
found necessary to destroy it.
PARISH CLERK'S SALARY - At the Plymouth County Court, on Tuesday
week, the principal cases for hearing was that of PANTER v. DYER and
BLAKE. It was a claim on the part of the plaintiff, the parish clerk
at Landrake, for part of his salary, and the defendants were summoned
as the churchwardens of the same parish. The advocate for Mr. Dyer
contended that he was not liable, inasmuch as he had not been allowed
to act. Mr. Blake, the acting churchwarden, stated, in defence, that
he had already paid one-half of the amount due to the plaintiff during
the time he remained in office, and also that he had no funds
available. His Honor (Mr. Praed) after hearing all the evidence, said
he should take time to consider his decision.
FEROCIOUS MONKEY - On Saturday last, a monkey that was exhibited in a
caravan at Falmouth, attacked his keeper and bit off the tops of the
first and second fingers of the hand. On Sunday, Mr. CORNISH, junior
visited the caravan to see the wounded keeper, when the monkey attached
another man, springing on his shoulder, and inflicting severe injury by
lacerating his eyebrows and temples. The man cried for help, and
endeavoured to make his escape from the caravan when the ferocious
animal was for a moment removed. But he suddenly made a second spring,
and again attacked the man and seized him by the thumb, which he
seriously injured. Mr. Cornish fortunately laid hold of a hammer that
was near, and stuck the infuriated brute on the head, but it was not
until the infliction of several severe blows that it was obliged, by a
death stroke, to give up its savage hold. There appears little doubt
that the animal had not been kindly treated, for the ferocity of the
attack was solely directed against the keeper, who on seeing him loose
exclaimed in horror and affright, "he is for me, he is for me;" the
animal was the kind called "The Bonnet Monkey," of Buffon, and the
"Toque" of Cuvier. It was docile, took snuff, smoked a pipe, wheeled a
barrow, and performed many tricks, but was recollective and savage. It
was a male and of great strength.
CORONER'S INQUEST - On Tuesday last, Mr. JOHN CARLYON, county
coroner, held an inquest at the house of Mr. FRANCIS SYMONS, at the
Bar, Falmouth, on the body of a newly-born female infant child. From
the evidence of Mr. SYMONS it appeared that MARY LILLICROP, the mother
of the deceased, came into his house as a servant about the 10th of May
instant, and continued to do her work about the house until the time
she sent to bed on Saturday night. She slept in an upper room, alone,
and in the middle of the night she was heard moaning and retching as if
sick. Miss Symons called up to her and asked what was the matter. She
complained of being very sick, and having pain in all her limbs, and
had some warm water brought to her. Early the following morning she
had a cup of tea brought, which she did not drink. Her moanings were
still heard; she did not get up the following morning at the usual
hour, and complained of being dizzy and weak. She never said a word
about having given birth to a child, and no one in the house suspected
it until about three o'clock in the afternoon, when Miss SYMONS who
went into the room, fancying she smelt spirits, commenced a search for
any that might possibly be concealed in the bed, and under the
bed-clothes, discovered a newly-born child, which was then dead. The
mother in reply to questions put to her, stated that it was born about
four o'clock in the morning, and that it had never cried. From the
evidence of Mr. VIGURS, surgeon, it appeared that on his opening the
chest and taking out the lungs, he found they had been partially
inflated with air and that they floated in water; but he was of opinion
that the child had died in the act of birth, and that it never had an
independent existence. Under these circumstances, the jury in
conformity with the medical evidence, returned a verdict that the
deceased was not born alive; but that, at the same time, they were of
opinion that it was gross case of concealment of birth, which ought not
to be overlooked, and they hoped the overseers would deem it their duty
to institute an inquiry before the magistrates; and they requested the
coroner to intimate as much to the overseers; which he has since done.
LONDON GAZETTE - Whitehall, May 16. The Lord Chancellor has
appointed Mr. HENRY WHITFORD, of Saint Columb, in the county of
Cornwall, to be a Master Extraordinary in the high Court of Chancery.
30 May 1851, Friday
A WESLEYAN MINISTER JOINING THE CHURCH OF ENGLAND - We understand
that the Rev. E. GEAKE, Wesleyan Minister, of Marazion, will shortly
join the church of England. He has resigned his office in the Wesleyan
connexion.
HELSTON - The annual renewing of the bounds of this borough which
took place on Wednesday the 28th instant, was celebrated in a very
different manner to what it has been for many years past. The mayor
Mr. GLYNN GRYLLS, the corporation, and a large number of very
respectable inhabitants assembled at the Guildhall at nine o'clock,
a.m., and shortly after they formed into procession, preceded by a bank
of music, and made a tour of the boundary of the borough, inspecting
the numerous land-marks, and going through such formalities as are
usual at such transactions. The distance which is about seven miles,
occupied them between six and seven hours. At half-past four the
greater part of the persons who formed the procession, dined together
at the Angel Inn. The hurling, which always follows the foregoing
ceremony, was carried on in a most enthusiastic manner for more than
three hours, in which more than two hundred players were engaged. In
the evening, there was a wrestling match in the Lower Green for various
prizes, when there was some good play exhibited. Altogether, with the
bells ringing merrily throughout the day, the procession, the hurling,
and the wrestling, it made quite a gay day.
THE LATE WRECK AT THE BRESONS - Presentation of Medals. - On Monday
last the presentation of medals from the Royal National Institution for
the Preservation of Life from Shipwreck, to the commander and crew of
H.M. revenue cruizer "Sylvia," in recognition of their noble and daring
services in rescuing the survivors of the shipwrecked vessel "New
Commercial" from the Bresons rock in January last, took place at the
Custom House, Penzance. The presentation was made by Capt. R. A.
STUART, R.N., Inspecting Commander of the Penzance district. To
Captain THOMAS R, FORWARD, commander of the "Sylvia," was presented a
gold Medallion; and to the following, each a silver medal:- C. S.
CARR, gunner; HENRY RICHARDS, mariner; JAMES RICHARDS, mariner: WILLIAM
SURRY, mariner; HENRY JONES, ordinary mariner. A silver medal had also
been awarded to JAMES WARD, a first class boy (but who is removed to
another district.) Captain Stuart took occasion to express the
pleasure he had in presenting testimonials which had been so nobly
earned. At the same time a silver medal was presented to WILLIAM HENRY
SEELY, gunner; who, we understand, rendered great assistance to Capt
DAVIES in fixing the rocket in the boat previous to its being fired.
Seely had previously in his possession three other medals - a war
medal, for services in China; a medal for saving life on the coast of
Sussex; and a medal for saving life from the "kitty" at Long Rock, on
this coast.
THE LATE Mr. CHARLES LYNE STEPHENS - The late Mr. CHARLES LYNE
STEPHENS whose death at the age of eighty-eight, at Roehampton, in
Surrey, we announced last week, was son of the Rev. JOHN LYNE, many
years since rector of St. Ive. When only twelve years of age Mr.
Stephens went out to Lisbon and was employed as clerk to his cousin Mr.
LEWIS STEPHENS. He continued in connection with this gentleman till
the death of the latter in 1800, when he became heir to a considerable
portion of his property amounting to about GBP30,000. In 1826 at the
death of Mr. JOHN JAMES STEPHENS also a merchant at Lisbon, he came
into the possession of an accession of property, amounting it is
believed, to more than a million sterling, and at the same time he
added the name of Stephens to his own. The late Mr. C. L. Stephens was
distinguished by great benevolence of character, and very few who
really required assistance ever applied to him in vain. His immense
property which is now supposed to amount to nearly two millions has
been left to his on and granddaughter at Roehampton. Two of his
sisters we understand are now resident at Liskeard. His brother, the
late Mr. EDWARD LYNE was a merchant at Plymouth, and two of his
nephews, the late Benjamin and Edward Lyne, were well-known solicitors
at Liskeard. To the exertions of Mr. B. Lyne we believe it was
principally due that Mr. Stephens succeeded in obtaining possession of
the property which fell to him on the death of Mr. J. J. Stephens, and
in gratitude for his services on that occasion, Mr. C. L. Stephens we
have understood presented him with several thousand pounds.
TRURO POLICE - On Friday last, JOHN HART, WILLIAM PALMER, and ANN
PALMER, who were remanded from the previous Tuesday, on a charge of
stealing money from JOHN GEORGE ELKINGTON, a sub-contractor on the West
Cornwall Railway, were discharged by the magistrates, as Elkington
failed to appear against them, having left the town that morning.
On Saturday last, JOHN GIDLEY, of Castle-street, Truro, was committed
to take his trial for stealing a pick, belonging to SAMUEL DATE, of
Daniell-street.
PRISCILLA MERTON, a girl of fourteen, living in Goodwives-lane, was
charged with picking the pocket of MARY PEARCE of St. Enoder, and
stealing from her a purse and 2s. She was also charged with picking
the pocket of ELIZABETH BASSETT, of Trefullock, near the Blue Anchor,
and with stealing therefrom a purse and 4s. 6d. in silver. It appeared
that on Saturday last the women above named were in two drapers' shops
in Truro, for the purpose of making money. The girl Merton being seen
very close to them, was suspected, and afterwards taken into custody.
After hearing the evidence, the magistrates committed her for trial at
the ensuing sessions.
GUILDHALL, FALMOUTH - On Tuesday last, a case of assault was brought
before the magistrates, which from its peculiarity excited considerable
sensation, and caused the hall to be more than usually filled. The
complainant, Mr. RICHARD BAILEY, is one of the notabilities of Falmouth
- pre-eminently a public character - inoffensive, and officiates in the
various capacities where his services are required, such as the
showman's guide, distributor of advertisements, placard bearer, and
general intelligencer. Mr. Bailey, already sufficiently conspicuous,
not content with the prominent position in which he figured, affects a
costume more diversified in its sartorial arrangements than are
consonant with correct taste, and to all appearance seems little
disposed to subject them to the process of purification by the brush;
but in addition he encourages the growth of his hair to a length
unequalled since the days of the son of Manoah and Absalom, and give
unlimited license to the development of his yellow mustachios, beard,
and whiskers; these he cherishes with religious care. It appeared that
in the occasional services in which he was engaged at the King's Arms
Hotel, he was discovered fast asleep by some young gentlemen, who
amused themselves whilst in his slumbers, by depriving him of a portion
of his pilous growth. Although the loss sustained was scarcely
discernible, his anger was great, and for several days he figured with
a muffler before his mouth, and stated to the bench, that his health
had suffered from the abstraction, that he "had had a headache ever
since," and that he from debility was unable to perform his ordinary
duties, which caused much mirth in the hall. The Magistrates find the
offender 5s. with costs, at the same time stating to the complainant
that had he followed the fashion of the defendant who appeared a
decently shaved young gentleman he could not have been exposed to the
annoyance of which he complained.
HELSTON PETTY SESSIONS - These sessions were held on the 24th
instant, JOHN MICHELL, HENRY DALLY[?], JAMES WINN, WILLIAM WILLIAMS,
JOHN JENKIN and BENNET WINN, were summoned by RICHARD CHAPPEL, JOHN
PENBERTHY, and WILLIAM H. PASCOE, for assaults committed on them on the
17th instant. Mr. HILL appeared on behalf of the three complainants,
and Mr. PLOMER for defendants. It appeared from the evidence that
Chappel is a constable and a bailiff of the County Court, that he
attended at Tremenheere estate in Wendron on the 17th instant, for the
purpose of executing warrants against ELIZABETH MICHELL the tenant of
the estate, and WILLIAM MICHELL her son, and also to levy a distress
for rent due to the Honourable ANNA MARIA AGAR. Elizabeth Michell and
William Michell have left the estate to avoid the warrants, and a
daughter of Elizabeth Michell is left in possession. Chappel and his
assistant stated that they found the back door of the premises about
half-past five o'clock in the morning of the 17th, entered and levied a
distress on the articles in the house. Chappel took part of the goods
to Helston, and left PENBERTHY and PASCOE his assistants in possession
of the remainder. Shortly after Chappel left, the defendants came to
the house, and ejected the complainants and committed the assaults
complained of. Chappel returned about twelve o'clock and found
defendant in possession of the house, and John Michell son of Elizabeth
Michell, refused Chappel admittance, and used violent threats. For the
defence, it was contended that the complainants got into the house
unlawfully, by breaking a window and the defendants acted under the
bona fide belief that they were doing that which was right. The
defendants were severally fined. The fines and costs amounted to
GBP10. 3s. 8d. which defendants paid. William Michell was summoned for
assisting in fraudulently removing certain bullocks from Tremenheere,
to avoid a distress for rent. The Bench considered there was not
sufficient evidence to make an order.
ASSAULT ON POLICE - On Monday last, before Sir JOSEPH SAWLE GRAVES
SAWLE, Bart., CHARLES HENDRE, and WILLIAM UREN, of St. Austell, were
charged with having assaulted police constable JOHN WESTLAKE, whilst
engaged in the execution of his duty, on the night of the 24th. The
assault was attended with considerable violence, and it was decided to
send the case for hearing at the Quarter Sessions. Each of the
prisoners entered into his own recognizance in GBP40 with two sureties
in GBP20 each for his appearance.
COMMITTAL - On Wednesday last, JAMES CHEELEY, of St. Austell, was
committed by Mr. E. COODE, jun., to the house of correction at Bodmin
for twenty-one days, for deserting the Union Workhouse, and taking with
him sundry articles of clothing the property of the guardians.
ROBBERY AT MEVAGISSEY - On Friday the 23rd instant, a girl named MARY
JANE GEORGE, of Mevagissey, was brought before Mr. TREMAYNE, charged
with stealing the sum of GBP12 from the dwelling-house of Mr. JAMES
HILL, of Penwarne, Mevagissey. It appeared in evidence that on the
morning of the 5th, it was discovered that a bureau standing in the
hall had been broken open and a bag containing GBP12 in silver taken
away. A small doorway leading into the house was unhung, and it was
supposed the robbery had been effected by a stranger, but subsequently
suspicion was excited against the prisoner in consequence of its being
found she had been spending considerable sums of money in the purchase
of clothes, and on being taxed with the robbery and closely pressed,
the prisoner confessed, and went to an adjoining orchard and produced
the money remaining unspent, tied up in a pocket handkerchief to the
amount of GBP7. 13s. The prisoner was committed to take her trial on
the charge at the next quarter sessions.
ATTACH ON THE HIGHWAY - On Saturday night about twelve o'clock, a man
named JOHN TRUDGEN, a shoemaker living at Jamaica place (on his way to
Madron), was attacked on his return home from Penzance by two men who
demanded his money. Trudgen told the fellows that he had no money -
which was the fact. Three other men who had been standing some
distance off, then came up, but finding that no booty was to be had
they at length allowed Trudgen to pass on. His belief is that they
were "navvies," and he had an impression of having previously seen one
of them at the terminus in Penzance. We believe the vestry of Madron
intend offering a reward for the discovery of the fellows.
SERIOUS ACCIDENT - On Wednesday afternoon as Mr. FLUKES a commercial
gentleman of London was driving from Falmouth to Helston, when near the
Half Way house, the horse through some unexplained cause, took fright
and proceeded at a rapid pace for upwards of two miles. Mr. Flukes was
thrown out but was not seriously injured. The carriage, a four-wheeled
vehicle, was much broken, and the horse a great deal cut about the legs
before it could be stopped.
MINE ACCIDENT - On Tuesday last, as a man called JOSIAH RICHARDS of
Madron, was at work in the shaft known as "Trahair's shaft," in Ding
Dong mine, a portion of ground was displaced by some flat rods which
were being taken down to one of the levels, and fell with great force
on Richards's head. His skull was not fractured, nor was the skin
broken, but a quantity of blood gushed from his ears. Medical aid was
procured, but the poor fellow continues in a very low state and slight
hopes are entertained of his recovery.
CORONERS' INQUESTS - On Friday last, an inquest was held at Illogan
Highway before Mr. JOHN CARLYON, county coroner, on the body of MATTHEW
ROGERS, aged 47 years. Deceased was a miner, and had worked for many
years abroad. He returned from South America about thirteen months
ago, since which he had been trying to get different situations, but
had not succeeded in procuring any. This had preyed on his mind very
much, and for some weeks prior to his death he had been in such a
gloomy desponding state as to be at times quite out of his mind, and
his family had found it necessary to keep a watch over him. On
Thursday, however, he made an excuse to get his daughter out of the way
and as soon as she had left the room, he went outside the back-door and
cut his throat with a razor in such a dreadful manner that he only
survived a very short time. Verdict, "temporary insanity."
On Tuesday last, Mr. Carlyon held another inquest at Falmouth, on the
body of RICHARD FARLEY, of that place, mason, aged 59 years, who fell
from the roof of a house in Killigrew Street, which he was repairing,
on Tuesday the 20th instant, and died from the injuries he received by
the fall on the Thursday, it appears, that he had been very subject to
fits, and had frequently been cautioned not to work out of his reach
from the ground for fear of an accident. Verdict, "Accidental death."
The following inquests have been held before Mr. HAMLEY, county
coroner. At St. Cleer, on the 19th instant, on the body of RICHARD
JOHN BASSETT, a boy about five years old, the son of a miner, who lived
at Newhouse, in the parish of St. Cleer. It appeared that he had
always been a healthy child. On the day previous to his death he had
been at school in the village, and on returning home in the evening, he
complained of his head. His mother put him to bed, but he did not
appear worse during the night. In the morning she perceived him rather
worse and was about to send for a doctor, when a neighbour came in and
he died almost immediately. Verdict, "died from natural causes."
At St. Stephens, on the 21st instant, on the body of WILLIAM VERCOE.
He had been to Redruth, with another man called JOHN MARTIN, each
driving a wagon with four horses. They had stopped at Probus and had
drank there, but, according to the evidence of Martin, were not the
worse for liquor. On coming into the parish of St. Stephens, they were
about to separate, each taking a separate, road. Martin drove his
wagon past Vercoe. Vercoe was at that time lying at the bottom of the
wagon. Martin struck him with his whip and said "take care of
yourself" and went on and heard nothing more of him until he heard of
what had happened. WILLIAM TRETHEWY said he met Martin driving his
wagon and wished him good night. Soon after he heard another wagon
coming on. He heard a person calling out "hoo" and a rattle of chains,
but was not aware that anything had happened, and went home. JOHN
CONDY. I was going to my work this morning about three o'clock. I saw
a wagon upset in the road. The shaft horse was on his side and the
other three horses were standing by his side. I went and called a
neighbour and a man called KELLOW came. We got out the horse and on
lifting up the wagon we found the deceased under, with the whole weight
of the wagon on him. He was quite dead and must have been killed
immediately on the wagon falling on him. It was supposed that the poor
fellow was asleep, and in turning a narrow place, the accident
happened. He was only twenty-five years old, but has left a widow and
three children. Verdict, "accidental death."
On Friday last, an inquest was held at the Duke of York inn, Falmouth,
before Mr. PENDER, coroner for the borough; on the body of ANN CORNISH,
an illegitimate child aged eight months. It was reported that the
child had been very much ill-treated, and had been starved to death.
The jury, however, were satisfied from the statements of the various
witnesses that the mother of the child had done all that lay in her
power to save it. The child had been declining for a month or more,
and the mother had called in a surgeon who stated that medicine was of
no use in the case. There was evidently a want of means for providing
a sufficient supply of food, the mother herself having been living in a
state of destitution. The jury returned a verdict of "natural death
accelerated by insufficiency of food and by neglect." The Coroner
reprimanded the mother at the request of the jury, for not applying at
an earlier period to the relieving officer.
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