| 4 FEBRUARY 1853, Friday CAPTURE OF THIEVES AT FALMOUTH - On the 26th ult, two brothers named Joseph and John BASSETT, with their sister, and a young woman named Harriet Ann COLLINS, were apprehended and charged with felony by Mr. DUNSTAN, but from insufficient evidence, the magistrates remanded the prisoners until the following day. On the 27th, the re-examination of the witnesses was gone into. Mr. W.H. DUNSTON stated that he is a builder living at Smithick-hill, in the borough of Falmouth; and for some time past he had missed various quantities of wood from his building yard, he could venture to say to the amount of �10. He had not been able to detect any one until the night of the 24th, when on his going home, his wife said she thought there had been some one in the yard at the wood. On his going there he again found an inch plank had been carried away, which he could swear was there during the day. This determined him to watch, thinking the party might return to the place. There is a field at the back of his yard, which is the property of the parish of Falmouth, and the hedge is the boundary of the town property. Having concealed himself in the ditch of the field till about twelve o'clock, he became tired, and then went to look at a house where a person lived whom he had suspected. Finding all quiet, he returned to the field, and put himself on the watch again, when in about ten minutes he saw two men skulking down the field, evidently trying to shelter themselves from observation by means of the hedge. He said, as it was a moonlight night, they came within about thirty feet of where I was standing, and jumped over the hedge into some ground adjoining my ground. I then carefully followed, and saw one jump over another hedge into the public pathway. The other was partly over when I rushed forward and laid my hand on his shoulder; he turned up his face toward me, and I saw it was one of the prisoners, Joseph Bassett. I could not hold him, but said, "I know you, you are the Bassetts." They ran off, and I followed as far as the Market-strand, when I lost sight of them. The prisoner that I put my hand on, had a parcel in one hand, and what I thought was a dark lantern in the other. The next morning I called on Julyan, the policeman and discovered that the Bassetts were in the custom of cohabiting with the prisoner Collins, in some premises called Summercourt. We proceeded there, and found the four prisoners; I found the rooms covered over with shavings, and looking like a carpenter's shop. The wood produced (about 100 feet) is mine; I have compared it with planks in my yard and workshop, and can identify them. The three large chests which are produced, are also made from the stolen wood; I am not certain about the washing tray, until I compare it more closely. These articles were found at the marine stores of a person called JACKET. The person who sold some portion of the wood to Mr. DUNSTAN, and who sawed up the planks, also swore to their identity. Mrs JACKET, the wife of the marine store dealer, swore that she bought the three large chests from the two male prisoners, and gave 6s. each for them; the washing tray she bought of the prisoner Collins, and gave 4s. for it. In answer to a question from the bench, she said 6s. was as much as they ought to give for the chests although they were new. (it has since been ascertained that 6s. 6d. will not more than pay for the wood in them, without hinges, locks, nails, and paint, and with nothing for making.) The rate collector, Mr. SKINNER, stated that the female, Collins, was the tenant of the rooms where the stolen goods were found. The magistrates then committed Joseph and John Bassett, and Harriet Ann Collins, to the borough gaol, to be tried at the next sessions. The sister was discharged as there was nothing to implicate her in the robbery. Much credit is due to Mr. Dunstan, for the promptness with which he carried out his search, as it gave no time for the destruction of the wood, through the prisoners hearing suspicions whispered about. Had he, as some others have done in the parishes of Falmouth and Budock, merely talked of his suspicions without prompt action, these notorious characters would not have been apprehended. One of them had been tried at a previous sessions at Falmouth, and acquitted, but was immediately taken on another charge, committed to Bodmin, tried, and found guilty. Just as they were committed to gaol, a bag was found concealed close to the spot where Dunstan caught hold of Bassett, in which was a ham, two spoons, two knives and a fork. The ham is one that had been stolen from M. ROBIOU DE LA TREHONNAIS a few nights previous, with a quantity of other articles, as stated in our last paper. It is remarked that although so many robberies have been committed in the parishes of Budock and Falmouth, yet comparatively few of the thieves have been apprehended. But a correspondent draws attention to the fact that those parishes are not within the town of Falmouth jurisdiction, but belong to the county. On Monday last, Elizabeth BISHOP and Thomasine DOWER were charged before Mr. PELLOW, county magistrate, at Mr. GENN's office, Falmouth, with stealing various articles from the dwelling house of Mr. R. PHILLIPS, of Killigrew-street, in the parish of Falmouth, (out of the borough.) There was a statement made of another person being concerned, who was not yet in custody, and the prisoners were remanded until Wednesday. On the afternoon of that day the above prisoners and another young woman called Susan PEARCE, were charged before Mr. ENYS and Mr. Pellow, county magistrates, with the offence above stated, and proof being produced of the goods being the property of Mr. Phillips, the prisoners were committed to take their trial at the ensuing assizes. The two former prisoners were also charged with stealing a small work box, the property of Mrs. RYAN, from her dwelling house in Berkely Vale, in the parish of Falmouth, and not in the borough. They were likewise committed for trial on this charge. There was other property found by the constables, some of which belonged to Mr. RAFFAREL, but he declined to prosecute as they were trifling articles. CORONERS' INQUESTS - The following inquest has been held before Mr. HAMLEY county coroner; On Monday at Bodmin, on Mary THOMAS, an old woman, aged 80 years, who died from injuries she received by her clothes taking fire under the following circumstances. She had lived in a room in the lower part of the town, situated immediately over a bake-house, for the last forty years. She was in the habit of going to the bake-house to light her candle every night before going to bed. On Thursday last she went as usual about nine o'clock, lit her candle, and left for her room. In about two minutes, a young woman, in passing by the stairs leading to her room, saw her standing up and her clothes all on fire. Assistance was soon got and the fire put out, but the injuries were so great that she died in consequence after three days suffering. The old woman had put the candle under her shawl, and in going up stairs caught the shawl on fire, which communicated to the rest of her clothes, and which were nearly all burnt. Verdict, "accidentally burnt to death by her clothes taking fire." NEWS FROM CALIFORNIA. - We have received a letter from Mr. W.E. GILL, formerly of Truro, dated "San Francisco, 15th December, 1852." He gives an account of the enthusiastic reception of the celebrated singer Miss Catherine HAYES, in that city where the mania for hearing her ran so strong that �230 were given for a ticket for her third concert, the tickets having been sold by auction. Accounts from the mining districts stated that provisions were very dear, and a meeting was called in Mariposa, on Sunday, December 5th, to consider what course to pursue in regard to the monopoly of flour, by people whom the miners termed "heartless speculators." One writer remarks:- "We shall seriously consider of the propriety of emigrating from California; as it is, suffering and ruin stare hundreds and thousands in the face, who have not means to live at the present enormous cost of edibles." Flour at the diggings was 50 cents (2s 1d.) per lb., potatoes 15 cents, port, 371/2 cents., rice, 30 cents. There had been continuous rains, and a great deal of inclement weather. The miners in Trinity County were doing well; and owing to the rains the yield of gold in Calaneras County will be immense this winter. Some perservering miners near Spanish Bar bridge, drove a tunnel into the hill for the distance of 300 feet, crossing two old river beds without finding anything to justify this heavy outlay of labour and time. Undaunted by this want of success, they pushed on until they struck a third river bed, which in a very short time yielded some six thousand dollars. The Shasta Courier gives an account of a battle that Captain Benjamin WRIGHT and his party had with the Indians, in which thirty of the latter were killed, and two of Captain Wright's men were wounded. It appears that Captain Wright and his party had gone out "to revenge the death of our citizens," and "to teach the red skins that they cannot rob and murder the white man with impunity." ST AUSTELL PETTY SESSIONS - These sessions were held in the Town Hall on Tuesday last, before Sir J. S.G. SAWLE, Bart, Mr. Sawle, M.P., and Mr. Thomas HEXT. Henry SAUNDRY was charged with an assault on Edwin WILLIAMS, and fined 1s. and costs. Two brothers named BENESON, a young man called LANGDON and a youth named ORGAN, were charged with trespassing on the grounds of Sir J. Sawle, for the purpose of poaching. Langdon and the elder Beneson were fined 10s. each and costs; the others were fined 5s. each, and costs. Nicholas RESWANNICK was charged with striking a lad named RETALLACK, and was find 5s. and costs. Reswannick then charged the boy's father, C. Retallack, with beating him in a most shameful manner, and Retallack was fined �1 and costs. Four young men named RUNDLE, FRANCIS, BENNETTS, and W.H. WARNE, were charged with beating and otherwise ill-using a lad named MARSHALL at Polgooth mine. Rundle was discharged, and the other three were fined �1 each and costs, or to be committed for one month to hard labour. The fine was immediately paid. EXETER DISTRICT COURT OF BANKRUPTCY - (Before Mr. Commissioner BERE.) Tuesday, February 1. Re William BATE, Butcher, Camelford. The bankrupt in this case has never made his appearance in Court, although the fiat was issued, and the case was regularly called out. No one appeared at the meeting for choice of assignees; ?? the Court had fixed last Wednesday for the bankrupts last examination. He did not, however, appear; and ?? then announced that the fiat was annulled. 11 FEBRUARY 1853, Friday [Sorry, but my Latin is not great and the page is not clear, so E&OE! ih] SCILLY AND ITS LEGENDS. - By the Rev. H.J. WHITEFIELD, M.A., late of Downing College, Cambridge, Vicar of Granborough, Berks; and Domestic Chaplain to the Earl of Mornington, Penzance; F.T. VIBERT. - London: SIMPKIN, MARSHALL and CO. The Scilly Islands are a part of the British territories comparatively little known, but presenting many features of interest for the tourist. The visitor may there view in its perfectless??? the sublimity and grandeur of natural scenery; and after the elevated feelings which such prospects excite, by every turn, with an inquiring eye, to examine into the social condition of the inhabitants, and, partly arising from their insular state, he may expect to observe amongst them some peculiarities of character. Then, more fully exploring the islands, if he be a geologist or a naturalist, he may find many objects to attract his attention, and to raise in him the spirit of scientific speculation. Or, if he be an antiquary, the shores over which he walks, will be vested with additional interest from the association in his mind of the high probability that the ancient Phoenicians once traded there; for although our author, with many others, does not conceive that these islands were the Cassiterides of early times, whence the ancients drew their mineral wealth, but that some part of the adjacent main land was the productive site, yet the strong probability remains that these islands were visited by those enterprising mariners. Then looking around him with an antiquarian's eye, the visitor may also notice evidence of an anciently numerous population, when the area of these islands was much larger than at present, when, indeed, they may have been connected with the main land of Cornwall; and he will observe the mementos of successive races of population or of invaders. Druidical circles, sepulchral barrows, Danish entrenchments, erections of the Monkish period, and a variety of objects exciting his interest and inviting his investigation. When these attractions are known, we conceive the Islands of Scilly will be more frequently visited than they have been hitherto. The author of "Scilly and its Legends," is a lively and agreeable writer, his work abounding with anecdotes, historical references and digressional matter, frequently amusing, but not always apposite. He states that "he has no intention to write of Scilly as a local historian; that he knows nothing beyond what is on the surface, and seeks to record only his first impression of what he had seen and heard." Some of these "first impressions" we must confess are not very complimentary to the inhabitants of the islands, though again other remarks redound to their credit. In speaking of Hugh Town, the capital of St. Mary's, the principal of the Islands, he observes:- "The lower town is terminated by a pier, begun by the Godolphin family, and finished by Mr. Augustus Smith. The shops are as good as might be expected, and contain a little of everything, but the attendance is so dilatory, that we are reminded of the stupid writer in Punch, who was represented as exclaiming hopelessly, on receiving a peremptory letter from a customer in a hurry, 'Oh, its all very well to say look sharp. There is a market place, which I mistook for a prison; and there is a real prison, so little formidable, that during my stay, a man confined in it walked out and escaped by getting on board a vessel in the pool.' After describing his tour about St. Mary's, he says:- "When I get back to my lodgings, my landlady's servant met me with the following question, 'Pray, sir, would you like a chicken for dinner?' By all means, if you please. 'Pray, Sir, would you like it roasted brown on both sides.'" The English language, as might be expected, is not spoken to perfection in Scilly, any more than in many other places. Our writer says - "Some of the phrases used are odd: I asked a man how his wife was, and was told that she was quite 'clever and easy' - this is well. A person surprised is said to be 'frightened.' 'Brave and punctual,' signifies 'firm', 'rich means 'good.'" On the other hand, Mr. Whitfield does not forget to give the peasantry their due for some deserving points in their character. He remarks:- "There is a general tone of good breeding in the manners of the Scillonians that strikes a stranger forcibly. They have a self-respect which gives them confidence and real dignity in the presence of their superiors, and which is very far removed from presumption, or from what is misnamed independence. When a person addresses you, it is with not assertion of equality, and yet there is, in the air of the lower orders here, something indefinable, but striking, and very different from the subdued demeanour of the English peasantry. If you go into a cottage, you observe the same thin. The owner, whether man or woman, does the honours of the house without embarrassment, hands you a chair with quiet civility, and gives you a simple welcome, with the self-possession of one who knows the place both of the visitor and of the host. I certainly never saw in humble life so much good taste, so much of what may be really termed well-bred ease as at Scilly." Mr Whitefield's book is neatly got up, and has an elegant illuminated title. The plan of the work is to give a description of each island, with its grandeur of natural scenery and objects of interest; and, following each sketch, a "Legend" connected with the locality. But we must remark that these are not legends gathered from the inhabitants. The author states that the people of Scilly have "a total want of curiosity about the past, a general absence of tradition, and of storied memories," and this circumstance he regards as a Strong proof of a complete change of race in the islands. The "Legends of Scilly" then are of his own creation, suggestion by antiquities or historical association. Thus we have "Legends" of the time of King Arthur, of the Danish, Plantagenet, and Monkish periods; and giving his imagination the rein, the author has undoubtedly produced some very romantic and marvellous stories. The descriptive portions of the work form a series of interesting sketches, and afford a good outline idea of the islands, such as we should think would lead to the visits of other tourists. There is one peculiarity of this author, however, which is by no means commendable, or which we should wish to see followed by other writers. He is a clergyman and texts of scripture appear to be so familiar to him that he uses them on the most trivial occasions, just as he might make a quotation from any ordinary periodical. For instance, referring to the view of the ocean from St. Mary's, he says- "The eye rests on nothing but the infinite of sky and sea, and upon that distance, brooding over dim space, which is in itself sublime, like the Spirit of God moving upon the face of the waters." In another place he says- "I sent the first chapter on Tresco to the press, but it was indeed pain and grief to me, and I could refrain no longer." There are more scriptural passages inserted in this way, where the meaning had much better have been expressed in other language. The book however, is on the whole an interesting one both from the nature of its contents, and the lively amusing style of the writer. We are also glad to see that testimony is borne by Mr. Whitefield to the great benefit which the population of those islands have received from the present proprietor, Mr. Augustus SMITH. To him this volume is dedicated, in the following terms:- "To Augustus Smith, Esq., Tresco Abbey, Lord Proprietor of the Islands of Scilly. My dear Sir, - I dedicate to you this little book, not only in gratitude for your kindness, but from admiration of the manner in which you have raised those beautiful islands from a state of misery into one of prosperity and comfort; reforming wisely but cautiously; developing their resources with a firm and practical hand; and acting in the true spirit of your motto, - Preignos haleine, tire fort.'" ? In his preface, the writer states, that he was three months on the islands and adverting to the Lord Proprietor, he "wishes the good scillonians no happier lot that a continuance of their present blessings under the same wise and paternal rule." And at the close of his work the author writes: 'if the scene of more than Celtic misery, which prevailed years ago characterised these islands, has, like the magic of a revolving??? view, passed into a state of prosperity without a parallel; if there be no mendicaney,? no unison, and no paupers; if the land be cultivated like a garden, and the port full of ships; if the churches be crowded with well dressed and ????? congregations; if smuggling and wrecking be unknown; if all these things be true, and that they are so, every resident can testify, it is wholly the work of one man in spite of every obstacle, and discouragement, and long-standing ????? He may indeed well say, as did his namesake of Rome - 'Lateritism iureni marmorcan relingquo,'" (I found it of brick, I leave it of marble. IMPORTANT TO LAY PREACHERS. - At the Petty Sessions, Ruan High Lanes, on Monday last, a case was brought before the bench, by Mr. Samuel THOMAS, a Wesleyan local preacher, of the St. Mawes Circuit, against Mr. DUNSTANT, the tool-gate keeper of that district, for demanding toll as he was proceeding to his appointment to preach. Mr. STOKES appeared for Mr. Thomas, and argued that the word "usual" in the act did certainly apply to his case, and the decision was given in his favour. The costs which should have been paid by Mr. Dunstan, were paid by Mr. Thomas, the question being only, with him, one of principle. ST AUSTELL PETTY SESSIONS. - CROWLE v. ROBERTS. A short notice was sent to us last week of this case, which arose out of some difference in the St. Austell market, the parties being butchers. The plaintiff now requests the correction of some inaccuracies in the former statement. He denies that he refused to give up the use of the market scales, for on being requested, he says "I immediately complied; I did not know that the defendants had cleaned the scales, for when free, they are open for any butcher in the market; besides, before Mr. M. Roberts brought any pork to be weighed, his son was told by myself that I was going to weigh mine, which was waiting by the scales for that purpose. Instead of having my "whiskers" pulled because I would not give up the scales, it was full five minutes after my pork was out of the scale that he assaulted me, without giving them an angry word, which could not be refuted before the Bench. Instead of they being fined �1 and costs, defendants were find �1 each and costs; and instead of some expression being used in court by the defendants, they were used to me previous to the court and again repeated; and therefore, on account of such expressions, Mr. M. Roberts was bound over to keep the peach towards me for twelve months, in �50, or be committed." DESERTION. - On Monday last, a seaman named TUCKER, joined a vessel as mate at Falmouth, received his month's advance, and then left the town intending to go to Bristol from Hayle, but the captain and a constable pursued him as far as Camborne, and brought him back, and on Wednesday he was taken before the Mayor, and sentenced to three months' imprisonment with hard labour in the borough gaol. INQUESTS - The following inquests have been held before Mr. HICHENS, county coroner:- On the 3rd instant, at the Workhouse, in the parish of Breage, on the body of Edward WEST, aged about six weeks, the illegitimate child of Catherine West, singlewoman. It appeared that the mother lived as a household servant with Mr. Henry NEWTON, a farmer, residing at Burthog, in the parish of Crowan, where the child was born; and a few days after, as soon as she was sufficiently recovered to do so, she left Newton's and went to Breage Workhouse taking the child with her, and remained there till the 26th of January, when she went again to her master's house with the child and continued there several days. Whilst there, and on the night of Sunday, the 30th, she took the child to bed and slept with it in a room adjoining Mr. and Mrs. Newton. The child, Mrs Newton represented, was a very small and delicate one, and was exceedingly cross; and on the Sunday night it cried continuously for nearly two house from the time it was taken to bed. After that it was quieted, and as the mother supposed slept. Shortly after the mother also fell asleep. About four o'clock in the morning Mrs. Newton awoke, and not having heard the child for some hours she called to the mother and asked her about it, when she said he was dead, and then went into Mrs. Newton's room and explained how she found it so. The mother, early in the day, took the child to the Workhouse at Breage, where the body was examined by Mr. B.T. VIVIAN, a surgeon, residing in Crowan, and who at the inquest stated that the death was occasioned by inflammation of the lungs, and the jury returned a verdict of "natural death." On the 5th instant, at Relistian, in the parish of Gwinear, on the body of William Henry KNEEBONE, aged four months. The deceased was taken to bed by his mother on Thursday night the 3rd instant, about eleven o'clock, and after nursing him, she lay down with him on her right arm, when both went to sleep. The child did not disturb to her knowledge during the night, and on the following morning, between five and six o'clock, her husband having gotten out of bed for the purpose of dressing and going to his labour, she sat up in the bed, and on taking the child in her arms, found he was dead. He had been a delicate child from his birth, but appeared latterly to have been improving in health. The mother appeared confident that she had not lain upon him, but was wholly unable to account for his death. The parents, however, were well known to the jury, and as there did not appear to be the slightest cause for suspicion, they without any hesitation returned a verdict, "found dead, cause unknown," adding their belief that the death proceeded from natural causes. The following inquest has been held before Mr. Walter BORLASE, deputy coroner for Penzance:- On Friday last, at the Penzance Guildhall, on the body of a female child, the daughter of Martin and Emma ROWE, which had been found dead in bed by his mother's side. It appeared that the mother had separated from her husband recently, and she now resides at Mr. FRENCH's eating house. Jane HAYES, servant to Mr. French, slept in the same bed with the mother and infant. The mother was always very fond of her child; and Mr. HARVEY, surgeon, who examined the body said he should imagine that the child died from spasm of the windpipe. Verdict, "death from natural causes." ST COLUMB HURLING. - This antiquated and manlike sport took place on Tuesday last, at the above place, when notwithstanding the unfavourable weather, there was an average attendance from both town and county, and a general good feeling was manifested between both parties. After a smart contest for an hour and a half it ended in the townsmen proving themselves the successful competitors for the ball. DARING ATTEMPT AT HIGHWAY ROBBERY. - On Saturday week, as Mr. Richard BILLING, farmer, was returning from Bodmin market, to his house at St. Tudy, he was attacked by two ruffians, who sprang upon him from each side of the road. One seized the horse by the bridle and the other struck him over the head and arm with a bludgeon. Fortunately the bridle broke in the man's hand, and the horse, being a spirited one, started forward, when Mr. Billing made his escape. He has been suffering very much since from the effects of the blows. Two men answering the description of the ruffians who attached him, had been seen begging in the village of St. Tudy the same day. SHIPPING DISASTERS. - The schooner "Vesper," drove across the Trinity boat "Billow," at Scilly, and carried away the "Billow's" bowsprit, and three of her own stanchions and champlates. The barque "Hope of Limerick," Fitzgerald, from Cardiff for New York, was run on the bar with seven feet of water in her hold. HUNTING APPOINTMENTS. - The F.B. Hounds will meet on Tuesday next, at Pelean Cross; and on Friday at Croftwest; - each day at eleven o'clock. Mr Morgan's fox hounds will meet on Monday next, at Birch Wood; and on Thursday, at Pentillie Lodge; - each day at half-past ten o'clock. THE GOLD DIGGINGS. - A Cornishman, William CHENOWETH, writes to his brother, in the neighbourhood of Camelford, from the gold diggings. He says - "I am happy to inform you that I have been successful at the gold diggings. I left here (Willenga), with David OLIVER, F. MARTIN, Robert SLEEP, and Richard POLKINHORN, (from the west of Cornwall). We were wanting (?) from her about nineteen weeks. We were ten weeks and four days at the diggings. We worked very hard for the first seven weeks, and p???? about 1 1/2oz. of gold each; the other three week and four days we made �4,500, making it �900 each. We are truly thankful for our success, for although we have done this, we are one party out of a thousand to do so well. We landed at Adelaide this day week, and I deposited in the bank �853; in about two months, I intend going again." The writer then states that if his brother should come out, he would do what he could for him, and he speaks of the great demand there is for labourers, and the high wages they receive. He says, "if you do come, on no account forget to provide yourself with flour; get American flour, or have some wheat kiln-dried and ground on purpose; also a few hams and streaked bacon, pepper, with many other little things; you will be sure to do well with whatever you bring, for there will be many that will give you a long price for it; whatever you bring on board, you will be sure to sell. I intend to lay my money out in land, as there will then be a maintenance for my family, whatever may happen to me and land here will always be increasing in value. Shoemakers are making fortunes here; men's high shoes are from 20s. to 27s. per pair; women's boots, 17s. per pair, and children's shoes they do not care to make, my boy's shoes cost me 7s." CORNWALL COUNTY COURT - St Austell. This Court was held on the 3rd inst., when thirty-seven cases were entered for trial, but only one of any interest was that of SNELL v. THOMAS. The parties both reside at Nanpean, in the parish of St Stephens in Branwell, and the defendant is the occupier of a public house and premises as a yearly tenant. It was a case of ejectment, he having refused to give up possession after receiving notice at the May, 1851, sitting of this Court. The plaintiff at that time was nonsuited, defendant having sworn that his notice was served at the wrong time. Plaintiff then gave him another six months' notice, and still he refused to give up possession, then saying he had found out the last was right and this notice wrong. His Honor gave a verdict for plaintiff, and orders for Thomas to quit at once. Mr. SHILSON appeared for plaintiff, and Mr. BISHOP for defendant. TRURO. - Forty cases were entered for trial at this court on Friday last, none of which were of any public interest. Abraham PEEL, miner, of St Agnes, was committed to Bodmin gaol for twenty-one days for non-payment of debt and costs. John COWLING, miner, of Perran, was committed for twenty-one days for contempt of court, in not appearing to summons. HELSTON - This court was held on Monday last. In the case of Francis WILLIAMS, plaintiff, and William TEAGUE, defendant, - Mr PLOMER appeared for plaintiff and Mr. Frederick HILL for defendant. Mr Plomer opened the case and from his statement and the witnesses called by him on the part of the plaintiff, it appeared that the plaintiff is a stone mason, and the defendant the agent of the Polkellis United Mines, in Wendron, from whom the plaintiff sought to recover the sum of �6 for cutting certain granite stone for building the bob end of an engine house at Porkellis mine. John MOYLE contracted to supply the stone, and he arranged with BENNETT and Thomas DUNSTONE to supply a part of the work. The Dunstones employed the plaintiff to cut a certain part of the work at 1s. 6d. per ton, and after, as the plaintiff alleged, their first contract was up, Capt. Teague arranged to give the plaintiff 2s. 10d. per ton for cutting the remainder of the stone. Mr. Hill addressed the court on behalf of the defendant. He stated that he had several witnesses in the court to prove that the facts were that John Moyle contracted with the adventurers to supply all the stone required for the new engine house at 5s. per ton, this price to include the raising, carting, and cutting, and the cutting part was fixed at 1s. 6d. per ton. Moyle underlet a part of the contract to the Dunstones, and they employed the plaintiff to cut the stone at 1s. 6d. per ton. The adventurers did not contract first for a part of the work and afterwards for the remainder; it was notorious that engine houses were always let in one contract. The truth was, after a great part of the work had been completed and paid for, the plaintiff told Capt. Teague that he would not cut the stone under 2s. 10d. per ton. Capt Teague told the Dunstones of it, and he should prove, if necessary, that Dunstone told plaintiff he would not pay that sum. Capt. Teague had nothing to do in the matter further; there was no privity[?] whatever between the plaintiff and defendant. Mr Hill then raised an objection that Capt. Teague, under any circumstances, was not legally liable, for he was purely an agent, and had not acted out of the scope of his authority; he did not raise this as a mere technical objection, for the plaintiff was not really entitled to what he claimed. Mr. Plomer replied on the question of agency, contending? that the defendant had rendered himself liable. His Honor decided that the defendant was not liable. Verdict for defendant. 18 FEBRUARY 1853, Friday NOTICE. - Whereas a dispute lately arose between Mr. William HICKS, of Lanherod, near Fowey, butcher, and myself, as to the way in which a bullock had been quartered, which I had sold him by the cwt.: and, whereas I then made use of some hasty expressions towards Mr. Hicks, reflecting, as he considered, on his character; now, I hereby certify, that I have not the slightest imputation to cast on the character of the said William Hicks, and if I have said anything hastily at any time calculated to give him offence, I am sorry for it. As witness my hand the First day of February, 1853. JOHN SPARNALL. Witness - William HILL. COUNTY COURT OF CORNWALL, PENZANCE. - In the matter of the petition of Samuel COLENSO, of the town of Penzance, in the county of Cornwall, Painter, Glazer, Gilder, Grainer, and Paper Hanger, an Insolvent Debtor. Notice is hereby given, that George Granville KEKEWICH, Esquire, Judge of the County Court of Cornwall, at Penzance, acting in the matter of this petition, will proceed to make a final order thereon, at the said Court, on the Ninth day of March next, at Ten of the clock in the Forenoon precisely, unless cause be then and there shown to the contrary. Francis PAYNTER, Clerk. Dated February 8, 1853. CAUTION TO DRIVERS DURING THE COLD. - Samuel COOK, who is in the employ of Mr. William WILLIAMS, of Tregullow, was returning from Truro, on Wednesday evening last, with a load of coals, and whilst riding on the shafts of the cart, he became benumbed with cold and fell before the wheel, which no doubt would have passed over him, if a little boy had not seen the accident and stopped the horses. The man was conveyed to an Inn in Chacewater, and Mr. MOYLE, surgeon, attended and found him in a stupid comatose state, and administered restoratives. In the course of the evening, he was taken to his home by his father. CORONERS' INQUESTS. - The following inquests have been held before Mr. John CARLYON, county coroner:- On Friday last, at the Falmouth Union House, on the body of Samuel WARREN, aged 84 years, who was admitted into the Union Hospital by an order from the relieving officer, on Saturday the 5th instant, suffering from the effects of having fallen over some stone steps in the town of Falmouth. He lived till the following Wednesday and then died from the shock which his system had sustained by the fall. Verdict, "accidental death." On Monday last, at Pentawan, in the parish of St. Austell, on the body of Tryphena Jane, a little child aged five months, who was found by her mother dead by her side, when she awoke on Saturday morning. It appeared from the evidence that the child died in a fit, and the jury returned a verdict to that effect. The following inquest has been held before Mr. HICHENS, county coroner:- On Tuesday last, at the Union Hotel, Penzance, on the body of John TONKIN, of Regent-terrace, Penzance, aged 56 years. He had been for thirty years engaged as a clerk with the firm of Messrs John BATTEN and Son. On Monday morning he left home, in apparently good health, to attend Boswednan mine account. It was his usual practice to ride this journey, but the roads being slippery he went on foot, and took a gun in his hand for amusement. About half-past nine, he was found by a little boy named Gilbert lying on a low stone hedge dividing a frield from an adjoining plantation, near to Castle Horneck. The little boy saw something was amiss, and spoke to him, but received no answer. He then ran for assistance, and in the interim, Mr. REDMAN, painter, and other persons came up. Mr. Tonkin was then removed to Rosehill farm, and medical gentlemen were quickly in attendance, but pulsation had ceased, and the application of the lancet to the temple proved life to be extinct. Deceased must have fired his gun once, as it was found discharged, and with powder in it again, but no wadding, and shots were strewed about, from which it appears that while re-loading he was attacked by a seizure, probably apoplectic, and immediately expired. The body was removed to the Union Hotel, but the occurrence having taken place in Madron, the inquest was held by the county coroner, and the jury returned a verdict of "died from causes unknown, but believed to be apoplexy." The following inquests have been held before Mr. HAMLEY, county coroner:- February 10th, at Towan, in the parish of St. Austell, on a female infant, the daughter of Grace TOMS, single woman. It appeared that Grace Toms was a dress-maker, and lived with her father and mother in a lone cottage at Towan. It was suspected that she was with child for some time, which she never altogether denied, having acknowledged it to her mother, who said she meant for her to go to the Union to be confined. However, about three weeks since, she was taken in labour. A midwife was sent for, and she was delivered of a daughter. The child appeared to be going on well. The mother slept in a bed with a younger sister, and the child slept between them. On the morning of the 9th, the mother on awaking, found the child dead. In consequence of various reports, an inquest was thought necessary. Several neighbours had seen the child, though it a fine one, and considered the mother had treated her kindly. Mr VAWDREY, surgeon of St. Austell, examined the child. There were no marks of violence on any part of the body. The face was swollen, which might have been produced either by pressure or a fit; but he considered, from the absence of any external marks of violence, that the latter was the cause of the child's death, and the jury returned a verdict accordingly. On February the 15th, at Woodgate, in the parish of St. Breock, on Ann KESTELL, aged 49 years. She lived with her father and mother, two very old people. She went into the orchard alone, by the house, to saw off the limb of an apple tree. Not returning when she was expected, a search was made for her, when she was discovered lying on her face quite dead, on the ground close by the apple tree, the limb being partly cut through. She had been subject to fits, and it was supposed that she was seized with one and had died for want of assistance. Verdict, "died from natural causes." REDRUTH COUNTY COURT - Alexander BERRYMAN v. John LANYON, Francis PRYOR and James EVANS. This was an action to recover �2 for whitewashing a stack. It appears that plaintiff entered into a contract with the defendants for building an arsenic stack on Gwithian Sands, and now claimed �2 for whitewashing, which he stated was not included in the agreement. The defendants, however, stated that it did form part of the agreement, but in the absence of the production of the contract, his Honor decided that defendants ought to pay for the whitewash. - Judgment for plaintiff, �2. EMIGRATION FROM LIVERPOOL. - The emigration from Liverpool, in 1852, surpassed that of any previous year, having amounted to 229,099 souls. No less that 36,253 emigrants sailed for Australia alone, the great majority of whom were English or Scotch. Nearly all the Irish and most of the Germans sailed to the United States, lured by the advantages of a short voyage, a small passage money, and a re-union on arrival with immense multitudes of their fellow countrymen. More than 100,000 natives of Ireland passed through Liverpool during the year on their way to the United States, and about 31,600 Germans, the arrangements being now so complete that they find it cheaper to cross over to England by steamer, and make their way to Liverpool than to ship at the ports of their own country. The greater part of the German emigrants were from the Duchy of Baden and the kingdom of Wurtemberg; and about 2,000 were from Switzerland. The mortality on board the ship "Una," of this port, on her passage to Australia, has been very great, 30 bodies having been consigned to the deep in the short space of 10 days. The illness was a low description of fever, which broke out in the steerage, and extended to the cabin passengers. On arriving at the Canary Islands the Captain induced Mr. HILLYARD, surgeon of the "Sporting Lass" of Newcastle, to transfer his services to his ship to attend on the cabin passengers, while her own surgeon attended to those in the steerage. Mrs. Hillyard, the wife of the surgeon and her sister, also went on board the "Una," but the former soon took the fever and died on the 8th December, she was only 22 years of age. Mr. Hillyard himself was afterwards attacked, but recovered. The "Una" arrived at the Cape on December, 18, and up to that period, three women, one child and 28 men had died. Since the arrest of the Ribbonmen upwards of 200 persons have left their homes in different parts of Lancashire, from the dread of the consequences of the discoveries which have taken place in connection with the Ribbon system may entail upon them. 25 FEBRUARY 1853, Friday "BLACK BALL" LINE OF AUSTRALIA PACKETS. - For Passengers, Parcels, and Specie, having Bullion Safes. Will be despatched in February for Melbourne, the celebrated clipper-ship "MARCO POLO," J.N. FORBES, Commander : 1,625 tons register, 2,500 tons burthen ; "has proved herself the fastest ship in the world," having just made the voyage to Melbourne and back, including detention there, in five months and twenty-one days; beating every other vessel (steamers included.) As a Passenger Ship she stands unrivalled, and her Commander's ability and kindness to his passengers are well known. As she goes out in ballast, and is expected to make a very rapid passage, she offers a most favourable opportunity to shippers of specie. Apply to JAMES BAINES and Co., 6 Cook Street, Liverpool; to Mr. JAMES GATLEY, Truro; to Mr. F.V. PASCOE, 23 North Parade, Penzance; or to Mr. HENRY V. NEWTON, 6 Church Row, Camborne, who forward all kinds of Merchandize, Packages, Parcels, Letters, &c., to all parts of Australia and the United States of America, by steamers and sailing vessels, in the most expeditious and reasonable manner. Every information as to rate of freight given, and advance made on consignments to their friends in Australia as well as immediate orders at sight on deposit of cash her. To follow, for Melbourne, the new clipper-ship "Indian Queen," in March. LIVERPOOL "GOLDEN" LINE OF PACKETS TO AUSTRALIA. For Melbourne. MILES BARTON (new ship) 995 tons reg. 1,50 tons bur. To sail early in March. MARTABAN (new ship) 850 tons reg. 1,300 tons bur. To follow. IVANHOE 1,050 tons reg. 1,500 tons bur. To follow. For Melbourne, Port Phillip, the splendid new clipper-built ship MILES BARTON, William KELLY, Commander; A1 at Lloyds, 1,500 tons burthen. This superb ship has been built, regardless of expense, expressly for the Australian trade, by the well-known builders of the celebrated ship "Constance." She is expected to prove the fastest vessel afloat. Her cabins are fitted up in a most superior manner. The between-decks are extremely lofty, and ventilated on the most improved principles. The "Miles Barton" is a single-decked ship, and has an unusually clear upper deck for the passengers to take exercise on, and which has been proved to be absolutely essential to health on so long a voyage. The fittings will be found to be of a novel and superior description, and baths are provided on deck for the passengers. The dietary is extremely liberal and great care will be used in the selection of the provisions. She will carry an experienced Surgeon. Apply to MILLERS and THOMPSON, 4 Tower Buildings West, Liverpool. The Steam-ship "Antelope," will sail on the 5th of March, in connexion with the above line. ROBBERIES. - On Monday last, the house of Mr. BUTTON of the parish of Liskeard, was broken into and all the bacon of a pig 600lbs weight, and one of the hams taken away. The thieves effected the entrance through a very small back window, outside of which grew a wall plum tree, which they cut through without being heard by any of the family. Two nights before twenty-five fowls were taken from the farm of Mr. Richard BAKER, of St. Cleer. Several other daring robberies and frauds have lately been committed in the same neighbourhood. MURDER OF A CORNISHMAN IN AUSTRALIA. - An account has been received from Melbourne of the barbarous murder of a man named Henry JAMES, formerly of Gear, in the parish of Gulval, who was murdered by his companions whilst working at the diggings. CORONERS' INQUEST. - The following inquests have been held before Mr. John CARLYON, county coroner:- On the 17th instant at Chacewater, on the body of Grace, the wife of Richard WILLIAMS, aged 38 years, who died on Tuesday last, under circumstances which gave rise to suspicions in the minds of some of her relations that her death was accelerated by some foul play of her husband. Nothing of the kind, however, was proved at the inquest; and after a somewhat lengthened inquiry, the jury returned a verdict of "death from natural causes." On Wednesday last, at Goonbell, in the parish of St. Agnes, on the body of Thomas NANCE, miner, aged 39 years, who died from an injury to the spine, which he received on the 10th instant, by a large rock, upwards of six cwt., falling out on him from the side of a gunnies? Whilst he was at work in Wheal Golden mine. Verdict, "accidental death." The following inquest was held before Mr. HAMLEY, county coroner:- February 16th, at Endellion, on Philip KELLOW, a farmer, aged 34. He was in the barn with his father winnowing some oats, and had just taken up some in a sieve, when his father saw him stagger. He said "hold me." The father, an old man, took hold of him, when they both fell on the floor. The father called to a man, who was working just by, who came, and, on lifting him up, found that he was dead. A medical gentleman was soon in attendance, who considered he had died from a rupture of a blood vessel and internal haemorrhage, and the jury found a verdict accordingly. The following inquests have been held before Mr. HICHENS, county coroner:- On Monday last, at Ludgvan on the body of Elizabeth Hutchins ROBERTS, aged about three years, whose death was occasioned by her clothes taking fire. The deceased's mother was accustomed to go out to work, and on the morning of the 17th she left her house for that purpose, intrusting the care of her younger children to a daughter, a well grown girl, about thirteen years of age, who (the weather being very cold) at the request of one of her brothers who was going to Penzance, went to a neighbour's house with a pair of gloves for him and remained to see him off to prevent a younger brother from following him, and whilst thus absent, the deceased caught her clothes on fire, and was so much burnt that she died on the following day. Verdict, "accidental death." On Tuesday last, at Camborne, on the body of John TRELOAR, aged 86 years, who lodged there with a widow of the name of Jane BENNETTS. The deceased, whose health was good for his age, went to bed on the night of Friday the 18th, apparently quite well, but was induced by reason of the cold weather to stay there the whole of Saturday, taking his meals, however, as heartily as usual. He slept in an adjoining bed-room to Mrs. Bennetts, and on Sunday morning about four o'clock, he called to her to let him drink, which she did of cold water, and in about an hour after he again called to her for some bread and butter, which she also gave him, and upon that occasion before she returned to her bed she lit up a candle for him that he might, as he was accustomed to smoke, light his pipe thereat if he liked. Between seven and eight in the morning, as she was leaving her bedroom to go down stairs, having to pass near to the deceased's bed, she looked at him, and at first thought that he was asleep, but in a moment she thought she could not see him drawing his breath, and going forward to the bed side she pat her hand on him and found him cold and dead. Verdict, "natural death." {end} |