cornwall england newspaper
1854 NEWS ARTICLE
APRIL
7 APRIL 1854, Friday
THE EXECUTION OF JAMES HOLMAN, of the parish of Crowan, was found
guilty, at the Assizes, of the murder of his wife, Philippa, and for
that great crime was sentenced to death. In accordance with previous
custom, two Sundays were allowed to the unhappy criminal to live
after sentence had been passed upon him, and on Monday last, the
dreadful punishment of the law was inflicted, in the form prescribed,
in front of the county prison at Bodmin. In our report of the trial
of this prisoner, it was stated that he exhibited a total want of
feeling, and seemed like a man who was insensible of the awful
position in which he was placed. The same hardihood and indifference
were exhibited on his part after sentence of death had been passed
upon him, and he had been taken to the condemned cell at the gaol. A
memorial was got up in his favour in Bodmin, but of this he was
purposely kept in ignorance, in order that no fallacious hopes might
be created; to be afterwards disappointed. The memorial was
forwarded to the Secretary of State, its plea being founded on the
prisoner's statement, put in at the trial, to the effect that he had
not killed his wife from premeditation or malice aforethought; and
that manslaughter, and not murder, would therefore be the extent of
his crime. The object of the memoralists was to obtain a mitigation
of the sentence; but his case excited little sympathy, and the
memorial received but little public encouragement. About one hundred
persons, however, appended their signatures, and it was forwarded
through Dr. MICHELL, one of the members for Bodmin, to Lord
Palmerston, the Secretary of State for the Home Department. Lord
Palmerston's reply dated "Whitehall, March 31st," left no hope of a
reprieve of the prisoner from death. It expressed his lordship's
regret that after an attentive consideration of all the
circumstances, he could see no sufficient ground to justify him,
consistently with his duty to the public, in advising her Majesty to
interfere with the due course of the law in the case of this
prisoner.
During the period of his confinement, the prisoner has received the
utmost attention and kindness from the Governor and Chaplain of the
prison. Books have been supplied to him, which however he read very
little of; and the Chaplain, the Rev. N. KENDALL, has been most
unremitting in his discharge of the duties of a Christian minister,
in imparting religious instruction to the unhappy man, and entreating
him to prepare for the awful moment when he would have to meet his
Maker. The Governor of the prison, Mr. EVEREST, has also daily
spoken to him, in reference to his awful position, and entreated him
to pray to God for mercy and forgiveness. The prisoner, however,
constantly protested his innocence of the murder, and seemed
generally in a very stubborn and unyielding state of mind, and
unconcerned to a great degree about his approaching fate. But it
should be considered that he was a very reserved man, and probably
felt more than he exhibited, especially as the day of his execution
drew near. On the Monday after his trial, he made a statement to the
Governor and Chaplain of the prison, of which the following is a
transcript:-
"The voluntary confession of James Holman, now under sentence of
death in the gaol at Bodmin, made this 27th day of March, 1854.
Prisoner said:- We first disagreed about a bonnet. She had a bonnet
to Miss TOYE's at Camborne to be cleaned, or something to that
purpose, which she was thinking to go for it on the Saturday before
this happened. As I had more work than I could fittily do before the
afternoon, as I should have to stop in with the children while she
was gone, I told her she must go on Monday. On Monday morning I
asked her if she was going to Camborne. She said no, not on that
day. I said, if she was not going I would go and see my brother,
whom I had not seen for four years. I returned home about nine
o'clock in the evening or thereabouts. When I came in I asked her
how she was, and how she got on for that day, and like of that; and
she seemed to be very slow in speaking, and not answer me much. I
said to her, I suppose you have had a glass as you have before. I
said, are you going to Camborne to-morrow, Philippa? She said, I
shan't go till I have money again. So I asked her what she had done
with the money she had to go last week, and that we fell out about.
All I did was to give her a push. She hitched her foot in the chair,
and she fell against the jamb-stone of the chimney, and that is all I
can say about it." (The Governor here left the cell, conceiving,
from the prisoner's words, that he had said all he intended to state,
but he afterwards continued to the Chaplain as follows):- "No blows
were given, only she threw the fire-hook at me, I can say no more. I
went out to the cattle-shed to see if the bullocks had any meat, and
returned in about two minutes. When I cam back I found her in the
chimney, and how it happened after that I cannot say any more about
it." On the following morning Tuesday March 28th), the prisoner made
another brief statement. He said "we had a few words, and she flung
a fire-hook at me. She fell, and rose up, I believe, before I sent
out." On Wednesday evening, prisoner said, "there were two brandis
in the chimney."
Prisoner also made another statement, in reference to some of the
evidence given on his trial. He said, he enclosed to his wife mostly
every month a post-office order for money during his residence in
Wales, excepting the first two or three months, and he did not do so
for that time as there was about the amount of GBP20 left her to
return, as four pigs and one steer, a mare and cart, and other little
things; and she could not have wanted money, as she had only herself
and little girl to care for. He said he came home the first time to
see her before the little boy was born. He also repeatedly said to
the Chaplain that no blows came from him. Since his condemnation,
the prisoner has been visited by one of his relatives, and his little
children. On Sunday morning, the day after his trial, his wife's
sister Elizabeth Parkin, one of the witnesses for the prosecution,
went to the gaol with the prisoner's little girl, about six years of
age. Miss Parkin did not see him, but his little daughter was
admitted to the cell, and the prisoner seemed greatly affected at the
sight of her; he took her on his knee, and cried very much. Though
he appeared so unmoved and unfeeling in regard to the awful death to
which he had been sentenced, yet he showed that he was not without
feelings of paternal tenderness. On the Monday morning he sent for
Mr. COMMINS, jun., of Bodmin, who acted as his solicitor at the
trial, and expressed a wish that his little boy should be sent for.
He was then told that there remained no hope in this world for him,
and was entreated to make his peace with God in preparation for the
death he was about to undergo. His request was of course complied
with, and his brother, William Holman's wife, arrived from Crowan on
Friday last with the prisoner's little boy. Mrs. Holman prayed by
him, and entreated him in the most earnest manner to repent and
confess his guilt, and told him that his brother (who is a Methodist)
wished that Mr. KIDDICK, a Wesleyan minister, should pray with him;
to which the Chaplain had no objection, if the prisoner desired it;
but he expressed no such wish, and made no reply to Mrs. Holman on
that subject. He was, however, much affected during some part of
this interview; he shed tears, and expressed a wish to see Mrs.
Holman again on Saturday morning. She came that morning, and his
little boy, about three years and a half old, to whom he was much
attached, seemed to have forgotten him, and to turn away from him.
The child was happily too young to understand his father's dreadful
situation, then in a condemned cell, and awaiting his untimely death.
He took the little boy on his knee and wept over him; and the
chaplain of the prison, Rev. N. Kendall, brought in a piece of cake
and gave to the prisoner, to present it as a last offering to his
young child. Mrs. Holman, his brother's wife, again had conversation.
On Saturday last, the prisoner was told, as he had been before, that
on the following Monday, at twelve o'clock, he would be executed; on
which he said, "it is hard to die innocent," and expression which he
had used at other times. He did not, however, appear to be moved
when told that his ignominious death was so near at hand. On Sunday
evening the prisoners in the gaol were all assembled in the prison
chapel, and the condemned sermon, a most solemn and affecting
discourse, was preached by the Rev. Chaplain, from Hebrews 9th
chapter and 27th verse:- "It is appointed unto all men once to die,
but after this the judgment." The poor condemned man did not seem at
all affected by the sermon; but many of the other prisoners were
greatly moved. It appears that in the parish where he lived, Holman
has not for some time been in the habit of attending any place of
public worship, but has usually spent his Sundays in rambling about
the fields in his working clothes. His hard and stolid nature almost
incapable of ordinary human feeling, showed itself in the fact that
since he has been under sentence of death, his appetite has been
good, and he has slept apparently as well as if there was no such
dreadful fate impending over him. He took his meals regularly every
day at half-past eight, twelve, and six; and he ate all that was
placed before him. The only exception to his sleeping well was on
Sunday night, (the last night that he had to sleep), when he was
restless during a great part of the night. He went to bed on Sunday
night at seven o'clock.
On Monday morning, the unhappy man had only a few hours left to him
to remain on earth. The condemned cell was unlocked shortly before
six o'clock, and the Chaplain came to the prisoner before seven, and
remained with him till nearly eight. Holman breakfasted at half-past
eight, and made a full breakfast, leaving nothing of the food that
was given him. The Chaplain again attended, and prayed with him from
half-past nine 'till ten, when there was service in the chapel. All
the prisoners attended, male and female, and the officers of the
prisoner; no sermon was preached, but the service, conducted by the
Chaplain, consisted of the ordinary morning service of the Church,
excepting the lessons; the lesson read was the solemn chapter, the
15th of Corinthians, forming part of the burial service; "Now is
Christ risen from the dead, and become the first-fruits of them that
slept," &c. The sacrament of the Lord's Supper had been prepared to
be administered to the prisoner; but when he was asked by the
Chaplain if he would partake of it, he would give no answer, and it
was therefore not administered. He had not received the communion
since he had been in the prison. In the morning, when the Chaplain
attended in the cell at seven o'clock, he found him on his knees,
that being the first time he had been seen in prayer since he entered
the prison; and after the service in the chapel, being conducted to
the condemned cell, and the time of his execution nearly arrived, he
was again in prayer, and the Chaplain, who was deeply affected, was
again with him and prayed with him. It was now only twenty minutes
to twelve, the hour when he was to be executed, and the Chaplain (who
had many times before questioned him to the same effect) said, "Now,
Holman, it is come to the last hour, - are you innocent?" to which he
replied, "I am, Sir, it is hard to die for what one is not guilty
of." The Chaplain asked if he should write to his family, and if he
might say that his mind was calmer than when they were here; and he
said, "yes you may." Shortly before twelve o'clock, the Under
Sheriff, Mr. J. E. BULLER, went to the door of the condemned cell,
and in due legal form demanded of the Governor of the prison the body
of James Holman for execution according to his sentence. The Under-
Sheriff then went into the cell, and told the prisoner he was come
there as the officer of the law, to demand his body, and he besought
him, as a dying man, to confess his guilt and pray for forgiveness;
but to this the prisoner made no reply. CALCRAFT, the executioner,
who had completed his preparations at the drop, now came to the
condemned cell to pinion the prisoner and adjust his clothing for
execution, which dreadful operation he underwent quietly, yielding
himself entirely to the executioner, and scarcely changing colour,
though knowing it was only a few minutes before his death. He even
remarked when he was in the executioner's hands, that as he did not
wear braces, he was afraid his clothes might be disarranged and
prevent him walking up the steps which lead from inside the prison to
the drop. After he was pinioned, the Under Sheriff again implored
him to pray for forgiveness, as his time was so short; and the clock
now striking twelve, and the prison bell tolling, the melancholy
procession was formed from the condemned cell to the drop; the
Chaplain in his vestments, walking in front with the prisoner, and
reading in a voice trembling with emotion the deeply solemn and
affecting service from the dead, commencing- "I am the resurrection
and the life, saith the Lord," &c. The Under Sheriff, Governor,
Assistant Surgeon, Prison Officials, and Sheriff's Officers followed
in the mournful train, which passed through the large prison yard
between the whole of the prisoners in the gaol, who had been
previously arranged on each side standing against the walls, the
males on one side and the females on the other; and as the said
procession passed on they became greatly affected, the females
especially being loud in their expressions of grief. The prisoner
walked firmly, the Chaplain continuing to read selections of the
funeral service leading to the press room, from which a door opens to
the drop in front of the prison.
The prisoner mounted the steps without assistance, and appeared on the
drop with the executioner, in the sight of assembled thousands in front
of the gaol. The
executioner quickly got all ready, the rope was adjusted, the white
cap drawn over his face, the Chaplain standing near, read from the
funeral service, "I heard a voice from heaven saying unto me," &c.,
and when he had read the responses "Lord, have mercy upon us,"
"Christ, have mercy upon us," and the Lord's Prayer following, the
bolt was drawn by the executioner, the drop fell and the condemned
man was launched from this world into eternity. He had stood without
support on the drop, and when the executioner, being retiring inside,
asked him if he had anything more to say, he answered, no! The fall
from the drop was about two feet, and he died almost without a
struggle, though for a brief time after, some slight heavings of
vitality were visible. His body hung in sight of the multitude for
the usual period of one hour, and, at about one o'clock, the dead man
was lowered by the executioner into his coffin underneath, in an
enclosure in front of the prison barricaded off from the crowd. The
coffin was a plain one, of elm, without any inscription; the body was
placed in it in the clothes in which he had been executed, (the same
as he wore at his trial,) and was then conveyed, without any
ceremony, to a yard at the western end of the gaol, where it was
deposited in a grave and soon buried. Holman is the first to be
buried in this yard; it was in another enclosure where murderers had
been previously interred, and where lie the bodies of HENWOOD, hung
about twenty years ago, the two LIGHTFOOTS, WEEKES, and ELLISON, who
were executed in August 1845. We may add to the foregoing details
that on Sunday last an excellent and impressive sermon was preached
in Bodmin church, by the vicar, Rev. J. WALLIS, from 1st of John, 3rd
chapter and 8th verse, the sermon having reference to the execution
which was to take place the next day.
Mr. JUSTICE CROWDER - On Wednesday last, Mr. Justice Crowder took
his seat for the first time as a Judge, in the Central Criminal
Court, London, with Mr. Baron MARTIN.
THE LAW - The Lord Chief Justice of the Court of Common Pleas has
appointed Mr. Robert BISHOP, of Fowey, a Perpetual Commissioner for
taking acknowledgments of deeds to be executed by married women in
and for Cornwall.
WRESTLING - We understand a match has been arranged to take place
on Easter Monday April the 17th in the neighbourhood of Plymouth,
between William TREGLOWN, of Ludgvan, and George WHITE, of Liskeard,
for GBP10 a side; to wrestle the best two out of three fair back falls,
according to the Cornish style. The challenge was made by White, and
as it will determine the question of the Cornish championship, which
has been claimed by Treglown since the retirement of GUNDRY, much
interest is prevailing as to the result; especially as Treglown and
White have before contended for upwards of two hours without a fall
on either side.
STRATTON - There is at present a very great emigration from this
district to Australia and America. Many having been disappointed who
intended going to America, as all the emigrant vessels at Plymouth
are full. We hear that the population of one of the parishes in this
hundred will be diminished by one hundred persons; that of another by
fifty, and another by forty. Other parishes have likewise lost a
number of their inhabitants by emigration.
SERIOUS OFFENCE - A boy of the name of MUIR, about three weeks since,
at Falmouth, threw sulphuric acid into the face of another little boy
called JONES. It was at first feared that the eyes of the boy were
destroyed, and Muir was committed to prison under remand until Friday
last, when the father of the injured boy stated that the eyes of his
son were not destroyed, and that he should not proceed in the charge,
as his son wished nothing more to be done, as Muir had been under
confinement. The magistrates reprimanded the prisoner, and hoped it
would act as a caution to him for the future. He appeared very
penitent, and was discharged.
ROBBERIES OF METAL - On Thursday the 23rd ult. two men of Calstock,
named Joseph DOIDGE and George BOWDEN, were charged before the
Devonport magistrates with stealing iron from the stores at Morwelham
Quay, in Calstock, the property of Messrs. NICHOLLS and Co.,
ironfounders, Tavistock. The iron bore the mark of the firm of
Langlowen, of Bristol, and no other firm in the neighbourhood have iron
of that make. The prisoners conveyed the iron to New Passage quay in a
boat, and with the assistance of one or two other parties, landed it,
and placed it in a cart, but they were stopped by the police as they
were proceeding towards Morice Town. Considerable quantities of iron
have recently been stolen from the stores. Mr. Nicholls, however,
could not undertake to swear that the iron then in the court was the
same that had been stolen from his stores at Morwelham, although he had
no doubt upon the matter. After a patient investigation, the
magistrate said that although he had no moral doubt upon the question
of identity, yet as there was a legal difficulty raised, he must
dismiss the prisoners. Mr. Nicholls stated that he should feel it his
duty to indict the prisoners at the sessions; not long since, upwards
of six tons of bell-metal had been stolen from the same quay.
ACCIDENT - On Tuesday last, as Mr. T. MUDGE, surgeon, of Bodmin had
mounted his horse, after coming out from attending a patient, a
gentleman's carriage driving up, frightened the horse, which got in
upon the foot-pavement and fell, with Mr. Mudge under him. as soon as
possible Mr. Mudge was extricated, and conveyed to his residence; and
we are happy to hear that his injuries are not so serious as was at
first apprehended.
CORONER'S INQUESTS - The following inquests have been held before Mr.
John CARLYON, county coroner; - On Wednesday the 25th ultimo, at Gunnis
Lake, in the parish of Calstock, on the body of a new born male child,
which was found by a woman the preceding Saturday on a hedge about half
a mile from Gunnis Lake, tied up in an old black stuff apron. It had
evidently not been attended to at the time of its birth. If it had
been there was every reason to believe it would have lived, as it was a
very fine child; but from the medical evidence it appeared that it had
not breathed, and the jury returned a verdict accordingly.
On the following day, at Moorwinstow, on the body of William BECKLEY,
aged 60 years. The deceased was a master carpenter, and was employed
in taking off the roof of a bullocks' house which he was about to pull
down on a farm called Cleave in the parish. Just as he knocked away
the last rafter, one of the gable-end walls fell in and buried him
underneath. He was extricated as soon as possible by the other workmen
present and taken out alive, but he only survived about a quarter of an
hour. Verdict, "accidental death."
On Monday last, at Calstock, on the body of Jane STEVENS, aged 6 years,
who was found dead and nearly burnt to a cinder, about one o'clock last
Friday, on the
Downs, near St. Anne's chapel, in that parish. The last person who
appeared to have seen her alive was the engine-man at Hingston Downs
Consols mine, who saw her walking towards St. Anne's Chapel, between
eleven and twelve o'clock on that day, carrying a small basket on her
arm. It is supposed that she caught her clothes on fire by passing too
near the furse and heath which was burning on the downs. Verdict,
"accidental death."
On Tuesday, at Liskeard, on the body of Ursula TAMBLYN, a little girl
aged 3 years and a half, who was killed last Saturday, in her father's
mowhay, by being crushed between the arm and frame-work of a thrashing
machine. Verdict, "accidental death."
On Wednesday, in Kenwyn parish, on the body of Stephen EALICK, mason,
aged 79 years, who died from injuries he received by falling from a cob
wall, which he was employed in building. Verdict "accidental death."
INQUEST - The following inquest has been held before Mr. E. T.
CARLYON, deputy coroner:- On the 30th ultimo, at the Miners' Inn,
Mithian, in the parish of St. Agnes, on the body of James CHRISTOPHER,
aged 11 years, who died on the previous day from injuries he had
sustained from having received a severe kick in the forehead by a
colt. Verdict, "accidental death."
DEFENCE OF THE COAST - On Saturday last, Captain SHERINGHAM attended
at Mevagissey, for the purpose of addressing the fishermen respecting
the force that is now forming for the defence of the coast, and also to
endeavour to get volunteers. In his address he reminded them of the
fact that we are now in a state of war, of which, he said, I do not
think I shall live to see the close. He also enforced upon them the
duty they owed to their country, their wives and families, in being
prepared to resist a foreign foe should he attempt to land on our
coast; and that they were bound not only to protect their own wives and
families but also those of the gallant men who have left our shores to
fight our battles abroad. In explaining the conditions of the new
service, he said, it is simply for the defence of our own coasts, and
every man entering for five years would have a protection given him,
exempting him from service in the royal navy, the militia, or as a
peace or parish officer. The men would only be called out twenty-eight
days in the year for the purpose of training except in case of an
invasion, and when they are under training they would receive about
16s. per week. A great number assembled to hear him, and at the close
of his address eleven men entered, and more are about to do so.
NAVAL APPOINTMENT - Captain FITZGERALD, late Flag-Captain to
Vice-Admiral the Hon. Sir Fleetwood PELLEW, K.C.B., has been appointed
to H.M.S. "Caliope," and to the command of the Australian division of
the East India station, vice Sir Everard HOME, Bart., deceased.
ROYAL COLLAGE OF SURGEONS - Mr. J. R. M. POMEROY, of St. Erme, has
undergone the examinations for his diploma, and been admitted a member
of this College.
APOTHECARIES' HALL - Mr. Richard BANBURY, of Launceston, has passed
his examination, and received a certificate to practice.
TRIALS OF PRISONERS - ANN JOLLY, 27 and MARY WILLIAMS, 16, pleaded
Guilty of stealing a wheelbarrow, the property of Mr. William WILLIAMS,
and others at Gwennap, on the 27th of March. Each One Month to Hard
Labour.
WILLIAM HARVEY - was charged with stealing, at Liskeard, a basket,
loaves of bread, cakes, lozenges, cotton, and other articles. The
things in question belonged to Mr. Christopher MOODY, a draper, and
were placed in a basket, in Robert BARRETT's cart, to be taken to
Polperro. The basket and things therein were stolen from the cart.
Mr. CHILDS conducted the prosecution. Verdict, Guilty, but recommended
to mercy. The Chairman said the prisoner had been in gaol more than
once before, and sentenced him to Four Months' Hard Labour.
CAROLINE HARRIS - was acquitted of a charge of stealing tobacco,
sugar, and other articles, from George UGLOW, who keeps the Holmbush
Inn, in the parish of St. Austell, and with whom the prisoner lived as
a servant.
JOHN WESLEY LAWRY - pleaded guilty of stealing a piece of balk
timber, the property of Zacharias CARKEEK and others, adventurers in
Wheal Trefusis, in Gwennap. Sentence, Two Months' Hard Labour.
JAMES COLLINS - pleaded guilty of stealing a pint of milk, the
property of Edward FAULL, of Breage. The Chairman said the milk in
question had been stolen from the cow, and the public must be protected
from such thefts. One Month's Hard Labour.
JAMES BATH - 22, was charged with stealing two pairs of stockings
from Mary COBELDICK, of Boscastle. Guilty, but recommended to mercy.
Fourteen Days Hard Labour.
NICHOLAS MICHELL BOASE - 33, a farmer of St. Columb Minor, was
committed on the 9th of January, for want of sureties in a breach of
the peace towards his wife. The Chairman (Mr. Lethbridge) now
admonished him to be careful and not again indulge in habits of
drunkenness, and when in that condition ill-use his wife. It was the
first time he had appeared there, and the Court hoped he would not be
seen there again. His wife had kindly abstained from appearing against
him, and he was now discharged.
John DYER - a labourer, aged 68, had been committed for want of
sureties in a breach of the peace towards his wife at Luxulian, on the
6th of February. The prisoner was a strange looking man, and Mr.
EVEREST said there was no doubt he was insane. His wife appeared
against him, and swore that she still stood in fear of him, and he was
remanded back to prison.
APPEAL - In the case of James THOMAS, jun. against Grace COCK, Mr.
SHILSON appeared for Messrs. GRYLLS and HILL, solicitors for appellant;
and Mr. CHILDS, for Mr. PLOMER, the respondent's solicitor. Mr.
Shilson stated that it was an appeal by James Thomas against an order
in bastardy, which respondent's solicitor had agreed should be quashed
on the merits. Mr. Childs consented to this, and the order was quashed
accordingly.
EXETER COURT OF BANKRUPTCY - Thursday, March 30, before Mr.
Commissioner BERE. Re. Thomas HONEY, grocer and seedsman, Launceston.
This was a sitting for last examination. The bankrupt was opposed by
Mr. PITTS, of the firm of BISHOP and PITTS. In his examination by Mr.
Pitts, the bankrupt stated that the seed trade begun in the early part
of March and continued till the latter end of May. At the commencement
of the season last year, he had no seed on hand, but at its conclusion
he had three bags of clover; each bag contained about three cwt., which
was worth 56s. per cwt., so that the whole was worth nearly GBP27. The
value of the turnip seed was not more than GBP4 or GBP5. At Christmas
last his debts amounted to about GBP48 only. The seed trade last year
was not so good as formerly, the prices being much higher. He dealt
chiefly with Messrs. LUTLEY and Co., and Messrs. SERCOMBE, merchants,
of Exeter. During the past year, however, he purchase seed to the
extent of GBP100 from other parties. His dealings last year with
Messrs. Sercombe amounted to GBP86, and with Messrs. Lutley to GBP100.
6s. The profit on seeds was calculated at about GBP25 per cent. Mr.
Pitts here drew his Honour's attention to the fact, that, taking the
bankrupt's statement as correct, the amount he must have received on
the sale of the seeds alone, during the three months of the season,
must have been upwards of GBP370, adding the profit to the original
cost of the article; whereas in his balance sheet he had put down the
receipts from his whole business, including the groceries, at GBP286
during the months of March, April and May. The bankrupt explained that
he did not always receive the money for the seeds which he sold at the
time they were purchased.
The Commissioner looked through the schedule and remarked that it
appeared that certain debts for seeds were paid long after the season
was over; as for instance, one of GBP8. 4s. 3d. on the 23rd of October.
The bankrupt also added that as he had said before, he had three bags
remaining at the end of the season, which were worth nearly GBP27. The
Commissioner informed Mr. Pitts that, taking the grocery receipts as
averaging GBP45 per month, during eleven months, they would amount to
less than GBP400, whereas GBP900 was accounted for in the balance
sheet, so that the rest must be for seed. Mr. Pitts then called
attention to a proof of Mr. PROCKTER for GBP172, being the amount of a
bill drawn by Mr. HOCKADAY and accepted by the bankrupt. The bankrupt
stated that when he received the account for that GBP172, he consulted
with Messrs. GURNEY and COWLARD, and directed them to defend the
action. Mr. Prockter was a mining agent, as was also Hockaday. The
Commissioner inquired whether Hockaday was capable of paying the bill?
The bankrupt replied that he was. The only consideration he was to
have had for accepting the bill was one-fifth of the sett of Wheal
Arthur mine, which he was told he could realise a good profit by. No
meeting of adventurers, however, were ever held, nor was any book kept.
A letter was then put in, in which Hockaday agreed to pay the amount
of the debt provided the bankrupt would pay the costs. The
Commissioner decided that Mr. Prockter could prove; but Mr. STOGDON,
who was engaged in the case could inquire further as to the liabilities
of Hockaday. Mr. Stogdon promised to do so.
The bankrupt stated that Prockter's writ was served on him some time
before Christmas, by Messrs. Gurney and Cowlard, who were also his own
solicitors. At his request they took proceedings to defend the action.
At that time he was indebted to Messrs. Gurney and Cowlard, as well as
to the Rev. Mr. Gurney; and they both shortly afterwards issued writs
against him. In each case he allowed judgment to go by default, and
executions were issued as a matter of course. They did not tell him
when they issued the writs, that they did it to defeat Mr. Prockter's
claim, but he believed that was their reason.
The Commissioner - This is what the bankrupt says in his
balance-sheet:- "I was lately served with a writ at the suit of
WHITEFORD and others, by Messrs. Gurney and Cowlard, whom I instructed
to enter an appearance. When they found they were determined to
proceed with the action, as I was indebted to them, and to the Rev. Mr.
Gurney, they thought they had better get their money. No appearance
was entered to either of the actions and executions followed as a
matter of course. I did not communicate to my other creditors that
they were suing me for themselves. The action of the Rev. Mr. Gurney
was for money due on a mortgage; and that of Messrs. Gurney and Cowlard
for money lent, rent, and money due on bills of exchange. I do not
believe they would have been brought if Messrs. Gurney and Cowlard had
been ignorant of Whiteford's action. After some further examination,
the Commissioner said - We see no reason why the bankrupt should not
pass. An application was then made by the bankrupt to be excused from
attending on the day for granting the certificate; which the
Commissioner consented to on the usual understanding that no notice of
opposition was given by any of the creditors.
RAILWAY ACCIDENT - LIVERPOOL ASSIZES - Thursday, March 23. MARTYN
v. LANCASHIRE AND YORKSHIRE RAILWAY. (Special Jury). This was a claim
for compensation for injuries caused by the accident at the Dixon Fold
Station of the Lancashire and Yorkshire Railway in March last. The
defendants had paid GBP1,000 into court, and pleaded that this was
adequate compensation. Mr. Attorney-General KNOWLES (with whom was Mr.
HIGGINS, Q.C., and Mr. COWLING) was for the plaintiff, and Mr. Sergeant
WILKINS (with Mr. TOMLINSON) for the defendants. Mr. Knowles proceeded
to state the case. The plaintiff was twenty-nine years old, and his
father carried on an extensive business in Cornwall, as a manufacturer
of china clay. The plaintiff travelled for his father, and was so
engaged when the accident happened, on the 4th March last year. He got
into a second-class carriage at Halshaw Moor, for Manchester. When he
was extricated from the ruins of the carriage, he fainted before he
could be placed upon the embankment with the other sufferers; and when
at length they got to Manchester, he desired to be taken to the Royal
Infirmary. An examination was immediately made, and it was found that
he was bruised throughout the right side; the hand was so much crushed
that he had lost two fingers; the bone was fractured just above the
elbow; his shoulder was very much crushed; and as had been since
learned, there was another extreme fracture at the point. An abscess
formed under the arm-pit, which had not yet thoroughly disappeared. He
remained six weeks in the Infirmary; and then for the benefit of a
change of air, he was advised to go to Bowdon, where he remained until
the 17th of May, occasionally going to Manchester to visit and being
visited by medical gentlemen from the Infirmary. During the healing of
the bone of the arm, a portion of dead bone was exfoliated; and there
was reason to believe that, while it would be long before the arm could
be used at all, it would never be useful, as before the accident. The
plaintiff's commission and wages, from his father, was GBP300 a year.
He had lost that amount since the accident; and he had been compelled
to expend GBP146; and he contended therefore, that GBP1,000 was not
sufficient compensation for his past sufferings, his disablement, and
the expense he had been put to. In the midst of the opening statement,
a long conference took place; after which Mr. Sergeant Wilkins said he
had consented, on the part of the company, to give an addition GBP500.
Mr. Knowles said that, acting under his advice, his client had
consented to accept the GBP1,500; although his (Mr. Martyn's) sense of
the injury, might lead him to think, that even further compensation
should be given. Verdict for the plaintiff; damages, GBP500 (of course
independent of the GBP1,000 paid into court).
14 APRIL 1854, Friday
BIGAMY - On Thursday the 6th instant, a woman named Elizabeth Ann
MARTIN, was apprehended at Falmouth, on a charge of bigamy. She was
remanded till Friday, when the case was gone into. It appeared from
the evidence that her maiden name was Spargo, of Budock; that she was
married to Martin before the Registrar at Falmouth, in the year of 1851
(?), and again married with a man called James GRAHAM, a sailor at
Falmouth church on the 3rd instant, her first husband (Martin) being
still living, and in the Union-house within a mile of the town. The
evidence of the Registrar was taken as to the first marriage, and the
evidence of the Clerk of the church as to the second. The prisoner was
committed for trial at the next assizes, and the husband and the other
two witnesses were bound over to appear against her.
CAMBORNE - At a general meeting of the Tradesman's club, five pounds
was unanimously voted, out of the funds of the society, to the widow
and children of William TROON, of the parish of Camborne, who, with his
son, was drowned when the "Tayleur" was wrecked on the Irish coast.
Troon was not a member of the club when he left Camborne.
SHERIFF'S COURT - A court of the Sheriff of Cornwall was held at
Camborne on Wednesday last, for trying a case of disputed house
boundary, Mr. William EUSTICE, of Camborne, being plaintiff, and
Captain Thomas KITTO defendant. The jury gave a verdict for the
plaintiff, damaged GBP20.
FIRE - On Thursday the 6th instant, about midnight, Mr. R. BOYNE, of
Rostrase(?), in St. Just in Penwith, was aroused from sleep by cries of
fire, and on looking out of his bedroom window, he discovered that his
mill was in flames. The mill was entirely destroyed, and a horse and
cow in a stable underneath, were burnt to ashes. There is some
suspicion that the fire was caused by an incendiary. The property was
uninsured.
MINE ACCIDENT - BOILER EXPLOSION - On Thursday the 6th instant, about
two o'clock in the afternoon, a fearful accident took place at Reeth
Consols Mine, in the parish of Towednack, by the sudden and unexpected
bursting of one of the engine boilers. So powerful was the effect
produced at the moment of the explosion that nearly the whole of the
boiler-house was instantly reduced to a mass of ruins, portions of
which, consisting of large stones and bricks, were thrown some forty or
fifty fathoms off. A man called David EDDY, of Zennor, while in the
act of washing at a rivulet a few yards from the building, was severely
bruised by one of the scattered fragments coming in contact with the
small part of his back. Mr. John BERRYMAN, of Gulval, the engine man,
also had a very providential escape, having been in the boiler-house
examining the fire, and when in the act of shutting the engine-house
door, he was suddenly forced through that and another door opposite,
but fortunately received no other hurt than a fright. The most
extraordinary incident, however, connected with this said catastrophe
was the very narrow escape of Thomas EDWARDS, of Canon's Town, in the
parish of Ludgvan, who was in the boiler house at the time of the
occurrence, and great fears were entertained for his safety. Capt.
Hannibal TAYLOR was the first who discovered the poor man struggling
among the ruins seriously bruised and scalded, but there are now hopes
of his recovery. Had this disaster happened one hour before, or after,
in all probability the sacrifice of life would have been very great, as
at either of these hours, a great number of miners would be in the
place changing their clothes. Several of the poor men's underground
clothes and wearing apparel were entirely destroyed by the accident.
Mr. John GRIGG, OF PHILADELPHIA - The following is from a Louisville
paper of the 1st of February, in reference to Mr. John GRIGG, a
Cornishman, born in the neighbourhood of Five Lanes, who went to
America many years since, and has evinced much enterprise and energy as
the founder of the well known publishing house of GRIGG and ELLIOT, in
Philadelphia, where he now resides, and has amongst others in his
employ, sons of Mr. DUNN, of the Hotel, St. Austell. The writer in the
Lousiville paper remarks: "It would be but essaying to gild refined
gold for us to attempt any eulogy of Mr. Grigg. The history of his
life is an encouraging example of what all may, by integrity united to
talent and energy, hope to attain in our free and happy country.
Beginning the world an orphan farmer-boy, he has accumulated a fortune;
and though rich he has shown that he understands what few rich men ever
understand - that is, the art of getting money and using it wisely.
One great reason for his success, we are informed, was his power of
inspiring confidence - confidence in his own sincerity, honesty, and
ability. Many of his customers dealt with him for years without once
inquiring the price of an article. He is known to have said of the
complete business man, as General Butler, in his eulogy of Calhoun,
said of that celebrated statesman, "he should have in an eminent degree
the self-sustaining power of intellect. He must possess energy and
enterprise, with perseverance and great mental determination. To
inspire confidence, which, after all, is the highest of earthly
qualities, is a mystical something which is felt but cannot be
described."
ST AUSTELL - Mr. BETTY, Professor of Music, who has for many years'
performed the duties of organist, gratuitously, in St. Austell church,
has been appointed organist of Fowey church, with a salary.
CORONERS' INQUESTS - On Friday, at Gwennap, on the bodies of John
MORRISH, miner, aged 53 years, and James MORRISH, his son, aged 13.
They were both at work on Thursday last, in the back of the 120 fathoms
level in Wheal Clifford mine, and it appeared that after they had fired
a hole to remove what miners term a "horse," which adhered to the north
side of the lode, they went up to see what effect it had produced; when
a quantity of large pieces of rock fell away on them and killed them
both. Verdict, "accidental death."
On Saturday at Hudhers(?), in the parish of St. Columb Major, on the
body of George COMMON, aged 12 years. In this case it appeared that on
Friday evening last, a farmer's labourer, in the employ of Mr.
TRUSCOTT, on leaving work had sent home four horses in their traces to
go to his master's stables by themselves. The deceased and a younger
boy called Bullock were in a lane, and saw them coming; and the
deceased caught one of the horses and got upon it. Presently
afterwards the horse started off with him and threw him. Unfortunately
his leg hitched in the loop of the trace, and he was dragged along the
road nearly a quarter of a mile. The trace then broke, and he fell
into the road in the presence of his father, who happened to be passing
that way on his return from work. He immediately picked him up and
carried him home; but he was shockingly mutilated, and died in the
course of ten minutes. Verdict, "accidental death."
On Monday, at Cusgarne, in the parish of Gwennap, on the body of Eliza
Rice HOCKING, aged 14 years. From the evidence of James BAWSKEEN, it
appeared that on Saturday evening last, his master, Mr. PASCOE, of
Cusgarne, sent him with a horse and cart to fetch a barrel of water at
a well near there. The deceased rode with him to assist in filling the
barrel, and on their way home the horse took fright at something- (it
did not appear what)- and started off. The witness contrived to get
out of the back of the cart, and, a few yards further on, the cart came
in contact with the corner of Mr. BLAMEY's woollen manufactory. The
concussion was so violent that the barrel and the little girl were
knocked out of the cart; and she was so seriously injured in the head
that she died in the course of the night. Verdict, "accidental death."
On Wednesday, at Liskeard, on the body of Jeremiah BUNNEY, a little boy
aged 1 year and 9 months. It appeared that on Monday the child was
down stairs with his uncle, a young lad, who had left him for a minute
sitting on a brandis in an open fireplace; and during the absence of
the uncle, he appears to have fallen in upon the fire. His mother, who
was upstairs in bed, and had been confined that morning, on hearing the
child's cries ran downstairs and found him in that position. She
caught him up and stripped off the burning clothes, and a doctor was
sent for, but the poor child was so much burnt that he died the next
day. Verdict, "accidental death."
On Tuesday last, at Boskenal, in Ludgvan, on the body of John BERRIMAN.
Deceased worked in Wheal Margaret mine, Lelant. Some days previous to
his decease, whilst at work under ground, he lifted a double-bill to
break down some part of a lode, -the same being almost in a falling
state, when he unfortunately threw the opposite point into his right
temple, which bled much, and caused death. Verdict, accordingly.
ROYAL COLLEGE OF SURGEONS - Among the members of this College who
after undergoing the necessary examinations were admitted licentiates
in midwifery of the College, at the meeting of the board on the 6th
instant, we observe the name of Mr. Richard BANBURY, of Launceston,
whose diploma of membership is dated April 30, 1852.
APOTHECARIES' HALL - Amongst those who passed their examinations and
received certificates to practice, on the 6th instant, were Mr. W.
DODGE, of St. Austell, and Mr. John HICHENS, of Redruth.
EMIGRATION - The "Good Intent" sailed from Fowey on Tuesday last,
(the day appointed,) for Quebec, with 183 passengers, the whole of whom
expressed themselves highly pleased with the arrangements of the ship.
ROYAL LICENSE - The following appears in the London Gazette, dated,
Whitehall, March 9th, 1854:- "The Queen has been pleased to give and
grant unto Samuel Thomas GULLY, Clerk, Rector of Berrynarbor, in the
County of Devon, in the Commission of the Peace, for the said county,
and of Trevennen House, in the Parish of Gorran, in the County of
Cornwall, second but only surviving son and heir of William Slade
Gully, of Trevennen House, aforesaid, Esquire, deceased, the royal
license and authority that he may in compliance with a clause contained
in the last will and testament of his late father the late William
Slade Gully, assume the surname of SLADE, in addition to and before
that of Gully, and henceforth be called Samuel Thomas Slade Gully, and
that he may bear the arms of Slade quarterly with those of Gully, and
that the said surname and arms may be taken and borne by his issue.
Such arms being first duly exemplified according to the law of arms,
and recorded in the Herald's College; and also to command that the said
Royal commission and declaration be registered in her Majesty's College
of Arms."
PENRYN - Mr. George BISHOP has been elected a member of the Town
Council in the place of Mr. W. P. WILLIAMS, jun., lately deceased.
RELIGIOUS SERVICES ON BOARD THE AUSTRALIAN EMIGRANT SHIP "SALDANHA." -
The following is from the Liverpool Mercury, written by a minister
connected with the Liverpool Seaman's Friend Society and Bethel Union:-
This ship (the "Saldanha") which is one of the Black Ball" line, and
is carrying out about 620 passengers, and including her crew, will have
not less that 648 souls on board, went into the river on Tuesday
morning. On Wednesday, I visited her for the purpose of ascertaining
when my services among the passengers might be rendered with most
advantage, and somewhat surprised to find that, though she had only
left the dock the day before, all the people upwards of 600(?) who were
in the lower, or third cabin, were simultaneously sitting down to a
plentiful and well cooked dinner, at half-past one - a sign of previous
activity which was refreshing to look upon. There was, however no room
for me that day. The day following (Thursday) I was again among them
by one o'clock, and was glad to find that the ship was also provided
with a chaplain, the Rev. Mr. THACKERAY. We soon became familiar, and
I found him bent upon making himself as useful as possible during the
voyage. He looked upon the ship as his parish, and the people as
having all the claims upon him usually arising out of such a
relationship. He is evidently a very talented young man, and his
antecedents are all such as to warrant the fullest conviction that he
will abound in evangelical labours, and be made a great blessing. He
goes out to an appointment under the Bishop of Melbourne. From
conversation with him, his plan, during the voyage will be to deliver a
weekly lecture on some popular subject to establish a class for
psalmody, as he is quite a scientific singer and pianist, to form a
bible class for any one who may become more than usually thoughtful,
and on Sabbaths to hold divine service twice. A capital course if he
can really carry it out, and certainly I think he has quite sufficient
heart for it; and the kind co-operation of Captain FINLAY, who appears
to be a most estimable man, will remove all difficulty. There are also
on board more than 100 men from the west of England, who, when I told
them this, said, "We will stand by him, and gather round him in all his
labours for our souls' good." So that, as far as the "Saldanha" is
concerned, our wishes on behalf of all on board are realised. There is
a good captain, a good doctor, and a good minister. The people will be
cared for in their most important interests, and with the Almighty's
usual blessing, are likely to do well. But to return to my own
service. The chaplain accompanied us down into the third cabin at
half-past two o'clock, and I commenced, taking my position up about the
middle of the ship on the starboard side, so as to have the
congregation on either hand. Upwards of 300 were around us in a very
little while; the west of England men forming our choir, and making the
ship re-echo with the sonorous voices. After the service I mentioned
to them how fortunate they were in having the presence of such a man as
the chaplain amongst them, and he kindly responded to my introduction
of him, by assuring them all that he should labour for their good, and,
after what he had then seen of their respect for the ordinances of the
Lord, he should enter upon his labours with great confidence. They
testified their approval by a general clapping of hands, and so we
parted for that time, mutually delighted with one another.
The day after, Friday the 17th, I renewed my visit about eleven
o'clock, and by half-past eleven, I took my stand on the quarter-deck,
on the starboard side, opposite the mizenmast. On the faithful
Cornishmen lifting up their voices in the hymn of praise, we were
speedily surrounded with 350 of the passengers, who sat and stood
behind and before and on either hand. It was a most lovely morning,
the sun so warm as to render it improper for me to be long without my
hat, which, therefore was only laid aside during the prayers. The
river was quite still, and the air balmy as a mid-summer's eve. The
best cabin passengers and their friends had, this time, an opportunity
of being present. Without any interruption we spent an hour and a half
in worship. The singing had a beautiful effect from the combination of
so many, and such various voices, and at the second hymn the Hallelujah
chorus was given with great zest and unction. This time the sermon was
a more practical one, suited to their peculiar position, and containing
counsel on the various duties devolving upon them in their present and
their future life, in leaving the land of their adoption. Not
forgetting, however, what, under their circumstances, it would be a
crime to lose sight of in any sermon, to point out to them the only
means of their present reconciliation to God, and of their future
continued enjoyment of his pardoning and sustaining grace or to urge
upon them as their first and chief concern, immediately to yield up
their hearts to Him who manifested his love for them in the sorrows of
the cross, with a view to their redemption. Nor had I any occasion for
complaint on the score of attention. Once, indeed, and that in the
middle of the sermon, circumstances proved too strong for my powers of
attraction, and for their powers of abstraction from the surrounding
influences. A steamer passed, having a large number of soldiers on
board, and some, who were forward and not engaged with us, cheered them
as they came almost within touching of the ship's side, and at this
peculiar juncture, when war is so imminent, and our sympathies are so
much engaged with our brave defenders, it was too strong a temptation
to be resisted, and many could not refrain from reaching forward to
see, or from uniting in the cheer which had been initiated forward and
had travelled aft. It was, however, but for a minute, and my influence
over them was again speedily recovered, and continued until the close
without any other abatement, being stronger at the end than at other
periods of the service. I was most warmly greeted on descending from
my pulpit with thanks and shaking of hands, and every other suitable
demonstration of gratitude, for my repeated visits among them. Then
came the thoughts of friends at home, and I received a very large
number of addresses to which the paper would be sent containing this
printed statement. The government agents were on board at the time of
both my services, as well as the owners and brokers of the ship.
Conversation with all these showed how much they approved alike of the
object of my visits, and the mode in which that object had been carried
out. It is but due to those gentlemen, as well as to Captain FINLAY, I
should say that in all my movements I have been not only enabled to act
with most unrestrained liberty, but have had their most unequivocal
countenance and sanction. And now, as she left the Mersey on Saturday
morning, all her people in good spirits and full of hope, I shall wait
most anxiously to hear the first intelligence which may reach us of her
having been seen clear of the channel, with the open sea alone between
her and Australia. JAMES BUCK, Liverpool Seamen's Friend Society and
Bethel Union, March 20, 1854.
THE TIN ROBBERIES AT BISSOE - In 1852 and part of 1853, a large
quantity of tin ore was stolen from Bissoe smelting-house, near Truro.
Subsequently, a discovery was made, which has eventually led to the
following extraordinary suit of replevin, which was tried in the County
Court at Truro, on Friday last.
BENNETTS v. TREGONING and SAMPSON - The plaintiff in this case was
Nicholas Bennetts, who lived in the neighbourhood of Bissoe; and the
defendants were William Henry Tregoning and Richard Sampson, who are
partners in the Bissoe smelting works. It was a suit in replevin, and
the particulars of the plaintiff's claim set out, that the defendants,
in April 1853, at Bissoe, near Truro, took 3 1/2 tons of tin ore
belonging to plaintiff, who had subsequently replevied the same by
virtue of a precept from the Sheriff of Cornwall, and now claimed GBP50
as damages. Mr. BENNALLACK appeared for the plaintiff, saying he
represented Mr. ELWORTHY, of Plymouth, whose clerk was present to state
that Mr. Elworthy was unable to attend through illness; Mr. Bennallack,
therefore applied to the Court to postpone the case. Mr. STOKES said,
this being a suit in replevin, he did not feel justified in assenting
to any delay which might prejudice the replevin bond. The Judge
considered that defendants would not be prejudiced by an order of the
court, but that to ground such order, the court would require an
affidavit or statement of oath. Mr. Elworthy's clerk was then sworn,
and deposed to his employer's illness.
Mr. Stokes stated the facts of the case as afterwards detailed in
evidence, showing that defendants in 1852 and down to April 1853, had
lost quantities of tin from their smelting house; that suspicion at
last attached to plaintiff; that his premises were searched under a
warrant, and 3 1/2 tons of tin were found there; that confessions had
been made by plaintiff that he had taken this tin from Bissoe Smelting
Works; that he had offered GBP50 to one witness not to divulge what he
knew of the transaction; that plaintiff had since left the country, and
that two warrants had been in force against him, but the officers had
been unable to apprehend him. The tin when seized by the police on
plaintiff's premises was conveyed to defendants' smelting premises; and
the course afterwards taken in regard to it, Mr. Stokes said, was
remarkable, inasmuch as twelve-months after its seizure, and long after
plaintiff had absconded, his own attorney, as deputy for granting
replevins, granted a replevin to seize this tin, which had been placed
on defendants' premises by the police constables, for safe custody.
That replevin was carried into execution by the plaintiff's brother,
Thomas Bennetts, and brother-in-law, Charles DAVIS, with the assistance
of the Sheriff's officers, who broke open defendants' premises, and
forcibly carried off the tin that had been placed there. The bond to
the Sheriff, Mr. Stokes said, also required observation; the
plaintiff's attorney had himself filed it in this court, and that bond,
it would be seen, was not executed by the plaintiff, but by his brother
and brother-in-law, by power of attorney; and those two individuals,
who, as Mr. Stokes was instructed, were men of no substance, were
accepted by Mr. Elworthy as bondsmen, together with the attorney's own
clerk, Mr. CURTIS. In the absence of Mr. Elworthy, Mr. Stokes said he
would make no further comment on these facts; but he would say this,
that the evidence he should adduce would be so strong, that he believed
Mr. Elworthy himself, if present, would be satisfied of the nefarious
nature of the transaction. He then called the following witnesses to
show that a felony had been committed, and that defendants were
entitled to have back the tin in question. He stated that he had also
other witnesses, who would be called if the case were fully gone into,
and that defendants were determined to try the felony whenever an
opportunity might offer.
James BAWDEN said he was manager of Trethellan smelting works at Truro.
In January 1853, plaintiff, Nicholas Bennetts, sold him a little above
6 cwt of tin for GBP20. 2s. 4d. Bennetts said he was a tin bargain
buyer at Bissoe. It was dressed tin, of a fair average quality. On
the 9th of March, 1853, he brought about 11 cwt. of tin, which witness
purchased for GBP42. He again said he was a bargain buyer and rented
two carthage? tin stamps at Bissoe, and returned the tin on his own
account. He said he had got from 3 tons to 4 tons of tin more, which
he intended to bring in small quantities, as he had a horse and cart of
his own; and wished to bring it at the times that were convenient to
him. Three days after, on the 12th, he again came, and on the 17th and
19th. On the 12th of March he brought 29 cwt., on the 17th, 16 cwt.,
on the 19th, 10 cwt., and on the 24th, 10 cwt., making altogether 4
tons 5 cwt. When he brought the last, he then left me. Two or three
weeks afterwards, I stated to another bargain buyer, Nicholas BAILEY,
of Bissoe, that Nicholas Bennetts had brought me some parcels of tin.
Nicholas Bailey said, on the 2nd of April, 1853, he was at Trethellan
smelting house, when Captain BAWDEN told him that Bennetts had sold him
some tin, and he informed Captain TRYTHALL, defendants' agent, of it,
on the following Monday morning. Witness saw Nicholas Bennetts the
same afternoon and told him he had been at the smelting house on the
Saturday, and heard that he (Bennetts) had been selling large
quantities of tin. Bennetts appeared much confused and irritated.
Witness told him the affair was open now, and it was for him to know
whether he could stand an investigation of the business or not. He did
not seem inclined to say much; he said it was brought to him by a man
with a horse and cart. Witness had told John and Edward PAYNTER of the
matter in the morning; and requested them to ask Bennetts to come to
him. They came to witness with Bennetts, and said, in his presence,
that Bennetts had told them he had a large quantity of tin at home, and
was at a loss how to dispose of it; that he had offered it to them, and
said if they would not receive it he would throw it into the river.
Bennetts was silent, and did not deny this statement. Witness said it
was a pity to throw the tin into the river, and offered to take it to
his own premises till the owner was discovered. He knew Nicholas
Bennetts well; he had no means at the time of purchasing large
quantities of tin.
John Paynter, a tin dresser at Bissoe, last spring saw Bennetts on a
Monday morning, after Nicholas Bailey had told him something. Witness
told Bennetts that Bailey had discovered he had been returning large
parcels of tin, and said, I expect if you are caught, you will be
transported. Bennetts said, if I were sure of that, I would leave at
once. After that he seemed to be alarmed, and said, I have got a large
quantity of tin at home, now what shall I do with that? I said, tin at
home, - how much? He said, I should think about three tons. He asked
what I thought he should do with it. I said, I cannot tell. He said,
I will bring it down and give it to you. I said, no, you shan't bring
it to my premises. Then he said, well, if you won't let me bring it
down there, I will throw it into the river. I said, if you have stolen
any tin from me, you may bring that back. He said, I never stole any
from you. I said, you shan't then bring any back. Then he said, if I
had known that, I would have said I had stolen some from you, that I
might have an excuse to bring it back. Witness said he talked to
Bennetts about his conduct, and said how can you be so bold as to have
such large quantities in your possession, you must know it is stolen;
to which he said nothing. Witness saw him about a month after this,
but had not since seen him.
Edward Paynter, brother of the last witness, confirmed his evidence,
and said Bennetts requested me to come in the evening to his house, and
help to remove the tin. I went there about eight o'clock. The tin was
in a back chamber in a hutch and three or four barrels, and some was on
the floor. I should think between three and four tons altogether. He
asked me to help to carry it down to Bailey's premises; but it was too
much for that. He then told me to carry it to a small outhouse behind
the dwelling-house. I put it in there, and he put mangold wurtzel and
straw over it.
Samuel VISACK, a miner carrier, living in the neighbourhood of Bissoe,
said, in the early part of 1832, when on his road by the Bissoe
smelting works, he saw Nicholas Bennetts, about midnight, coming from
the works. He saw him twice in that year; he was carrying something
very heavy on his pin; it was in a bag. On the following Sunday after
this matter was discovered, Bennetts asked him how tin was selling.
Witness was afterwards employed by police-constable WARD, to assist in
removing the tin from Bennetts's premises to the Bissoe smelting house.
After the tin had been discovered, Bennetts was absent from the
neighbourhood a fortnight or more. When he returned witness saw him in
a meadow, on a Sunday morning, when one or two others were standing by.
He said, I shall have to send you out of the country as well as other
parties. What for, I said. He said, for carrying away my tin. I said
no more for the moment, but a little time after, he spoke it again. I
then said, - me, I only carried it away the same way as I saw you
carrying it. He then beckoned me aside, and said, did you see me
carrying it away? I said, I saw you on such a Sunday night carrying
something very heavy, in the same way as I carried this tin. He said,
you know that was not tin, that was coal. I said I could not see what
was in the bag. The other party then came up, and nothing more was
said. The next day I went up to a mine with him, and he said, if that
is the whole you have seen, I don't mind that. I said that is not the
whole I have seen; I have seen you at such a time coming out of Bissoe
smelting premises. He said, you did, - was that you I saw? I said,
yes, you know I spoke to you. Then, he said, it is in your power to
send me out of the country, or to keep me here. He left the
neighbourhood for a day or so, and went, as he told me, to Mr.
Elworthy. He told me he stated to Mr. Elworthy what I had said, and
Mr. Elworthy told him for me to tell the Bissoe party that I saw him
coming out of the works with tin in flour bags, packed as full as they
could hold (Mr. Stokes said he could not see the meaning of that.
Captain Bawden suggested that it was because a flour-bag full of tin
would be too heavy for a man to carry). Witness said, shortly after
that, it came to Mr. Tregoning's ears (one of the defendants) that I
had seen him, and he wrote to me. On the same day, after Bennetts had
been to Mr. Elworthy, he said to me, you did not see me steal it? I
said, no I did not see you putting it into the bag, but I saw you
coming out from the premises with something very heavy. He said, don't
say anything about it, and you shan't fare the worse for it; he then
made me an offer of GBP40 not to say anything about it. This was in
the stable. I refused that, and he offered me GBP50, and said if I
could get the tin from the party, I should have my part of it. It was
about three and a half tons I removed with the constable into the
Bissoe works. He said he got this tin which I helped to carry away
with the constable, out of Bissoe works, and he offered me GBP50, if I
would hold my tongue about it. By the Judge - Bennetts lived about a
quarter of a mile from the works. It was in the early part of 1852
that I saw him carrying the weight; when I saw him in the latter part
he had not got anything; he was hanging about the place. He told me in
the stable, that he was then watching Captain Trythall and others,
while some other parties took it out of the works. I had no suspicion
of him at the time, and did not mention it to any one. I heard from
Captain Bawden about it, and it then struck me that when I had seen him
with something heavy, he had something he ought not to have. He first
came to me about it.
Thomas Bayley Visack, brother of last witness, works at Bissoe smelting
works, and said he overheard the conversation in the stable between his
brother and Nicholas Bennetts. There was a good deal he could not
hear; but he heard Bennetts say, you said you would be faithful. My
brother said, I have been faithful, but you have not. Well, Bennetts
said, the tin is now where it belonged, it did come from the Bissoe
smelting house, though you need not slip it out. I heard him offer my
brother GBP40. My brother said, I shall not take any money. He then
said, will you find GBP40.
Police Constable WARD, of Truro, had an apprehending warrant and a
search warrant against Nicholas Bennetts, and went to his house on the
morning of the 6th of April, 1853. The house was in a disordered
state, and appeared as if they had been up all night. Mrs. Bennetts
said her husband left last night, and she did not know where he was.
Witness searched the house, and found some barrels and hutches in a
back bedroom, with tin about them. In another room, in a Spence under
the stairs, there was also tin; he could take up a handful at a time.
The place under the stairs appeared to have been nearly full of tin;
the mark of it was visible against the wall on each side. He went with
Captain Trythall to an outhouse, at the back of the dwelling house,
where Captain Trythall moved some straw, and said, "herein is the tin."
There were mangel wurzel or turnips on the top of the straw. Witness
removed the tin, with assistance, to the Bissoe works, put it in
hutches, locked it up, and brought away samples of it. The rest of
this witness's evidence was with regard to the efforts made to
apprehend Bennetts.
W. J. NASH, police inspector at Truro, stated that he had sent a
description of Bennetts to Devonport, Wales, and other places, and had
received no intelligence of him. Captain Trythall has been manager of
the Bissoe tin smelting works for five or six years. In 1852 and the
first quarter of 1853, they detected a deficiency. They could not
perceive it by looking at the heaps; they did not put any private
marks, because they did not suspect robbery was carried on. The
deficiency was found in the metal. They had bought tin in 1852 which
ought to have produced 10 tons of metal more than it did; and a similar
deficiency continued in the first quarter of 1853; there was a
deficiency of about 3 tons in that quarter. It had been observed by
Messrs. Tregoning and Sampson; Mr. Tregoning repeatedly made complaints
to witness that something was wrong, and it made his place very
uncomfortable. Witness then described the search of Bennetts's
premises, and the finding of 3 1/2 tons of tin in a back-house, as
stated by police constable Ward. In their smelting works they had
sometimes twenty sorts of tin mixed together, and the tin found on
Bennetts's premises was mixed in the same way. There was no place in
that neighbourhood where tin could be had mixed in that way, except at
the smelting works. The nearest place it could be obtained from was
the smelting works at Truro, distant from Bissoe from four to five
miles.
William Henry Tregoning, one of the defendants, stated that in 1852,
they found a deficiency in metal (not in black tin) of 10 tons 6 cwt.,
and in the first quarter of 1853, up to April, they found a deficiency
of 2 tons 17 cwt. of metal. He called the attention of Captain
Trythall to it on two or three occasions, and said he was sure there
was some robbery going on; he also told him that unless he did his work
better, he must be discharged from their employ. They buy the black
tin by assay, and know by experience what metal it will yield; taking
the average produce in the four years preceding, during which they had
been in business, the deficiency could have happened in no other way
than by a robbery; since April 1853, their tin had come up to the
average. The value of the tin found on Bennetts's premises, three tons
and a half would be about GBP250. Bennetts was not employed in any way
about the works. Since the robbery they had made alterations for the
security of the premises, they had built an inner wall; the captain now
lives in a house adjoining, and one of their men now lives on the
premises. He could not positively swear that the tin found at
Bennetts's had been taken from their smelting works; it was of the same
description, and they had lost such tin, and such tin could only be had
at smelting works. Up to the end of March, 1853, they found on several
occasions that the lock of a chest on their premises had been
interfered with; since that time it had not been interfered with; it
was a chest in which they kept their books. Captain Trythall, shortly
before this matter came out, found a key on the road, which would
unlock their premises.
Captain Trythall was then re-called, and said he was present when the
Sheriff's officer, Mr. Tregoning of Falmouth, came with two or three
men to the smelting works. Witness was asked to open the door, and as
he did not do so, they forced an entrance. Bennetts's brother was the
first man to use a pick to force open the door. The Judge said this
was the most remarkable case of replevin he had ever known, and one
which was perhaps, without example, in any court of law. He was
satisfied that the defendants had established their right to the tin in
question, and he had no hesitation in giving judgment for a return of
the tin to them. The costs of the suit to be taxed by the officer of
the court, and paid with the advocate's fee on the 15th instant.
21 APRIL 1854, Friday
TWENTY SHILLINGS REWARD - Will be paid to any person that will give
information as to the whereabouts of one James ROACH, who left home
four weeks since, aged 17 years, height about 5 feet 7 inches, light
hair, fair complexion, weight 11 stone, wore away a fustian dress and
white hat. Apply to Thomas Roach, Luxulyan, near Bodmin. April 11,
1854.
NOTICE - All persons having any demands on the Estate of Mr. William
BROWN, late of Bodrawle, in the parish of Saint Pinnock, deceased, are
requested to send the same to Mr. Robert RAWE, or Mr. Densil LITTLE, of
Saint Pinnock, aforesaid, on or before the 6th day of May next; and
persons indebted to the said Estate are requested to pay the same to
the said Mr. Rawe, or Mr. Little. Saint Pinnock, April 10, 1854.
LIFE IN MELBOURNE - The following is a copy of a private letter,
addressed to a Norfolk clergyman by his son:- "Melbourne is built on
the slope of a hill, laid out in Yankee fashion - streets wide, and at
right angles to each other; none of the little twisting lanes that you
see in all the great European cities. Many, in fact most of the houses
are of stone, or brick, and built in a very handsome and solid manner,
and but few of the run up wooden structures that you so often see in
large American towns. I speak, of course, of the principal streets; in
the outskirts of the town there are the most extraordinary looking,
half wood, half canvass contrivances, you can possibly imagine,
abounding in the half-horse, half-alligator genus of homo, that are
fresh from the diggings, with lots of nuggets in their belts and hair
about their faces. The streets are crowded with drags of all kinds,
carrying merchandise, omnibuses, and old-fashioned four-horsed coaches,
rejoicing in names of bygone days in England, such as 'The Times,'
'Tally-ho,' &c,; carts with horses driven tandem-wise, and, in short,
all sorts and kinds of conveyances. You may imagine the bustle of the
place when I tell you that it reminds me of the busiest part of
Liverpool in the busiest time. The horses and oxen are splendid
beasts, and as fine as you ever saw in England, and I strongly suspect
that, in sending emigrants here from the old country, you have shipped
the finest men you could find, and kept the lean kind at home; for a
finer and more robust looking set of fellows I have never seen than the
draymen, porters, masons, carpenters, &c., that one sees about the
place. The wages here would frighten the 'old Protectionist party;' a
common hand would get 12s. to 14s. a day; a mason, 25s., and other
crafts in proportion; so you may imagine that for a labouring man it is
a small, or rather a largish kind of paradise. Board and lodging,
however, are frightfully dear, and the rents that are paid for houses
are something quite incredible. I was to-day in a gentleman's office
who rents two rooms on the first floor in one of the principal streets
- one room about 18 feet by 10, the other about a third larger; for
these two rooms he pays GBP1,000 a year, and is considered to have got
a very cheap bargain; in fact money is spoken of as mere dirt. Men
speak of GBP10,000 as you would speak of 10s., and the rises in fortune
from the lowest depths of poverty to actual wealth before your eyes are
astounding. A gentleman who came with me in the steamer, and who has
friends and relations in business, told me this morning that a young
fellow he had formerly known, who had left England without a song(?)
ten years ago, and who had been previously employed in some shops or
other as an (.......?), had recently let some land for GBP2,500 a year,
and held some more that he has been offered GBP30,000 for. In fact, if
I had been told in England what I know to be true here, I never should
have believed half; but one must come here, and then the reality of the
statements is not to be questioned, as there the persons are.
The conversation at the dinner table, and in the various rooms of the
hotels, reminds me much of America, as nothing is discussed that has
not some relation or other to making money, and if you substitute the
word 'pounds' for 'dollars,' you might imagine yourself in a public
room in New Orleans during the very busiest time of cotton
speculations. Ou dit, that more gold is being found than ever, and, if
I might judge from what I have seen of the conduct of divers diggers I
have seen about the streets, they must have been singularly successful
lately. These gentlemen patronize the most expensive articles that
they can find, and the way I saw a digger's 'lady' dressed up yesterday
would (as far as richness of material and gold chains) cast into the
darkest shade the most expensively got up belle at Almack's or the
Champs Elysees. This morning I saw several fellows with beards of huge
length, and moustache and whiskers to match, dressed in corduroy
'smalls,' huge boots, and a sort of blue blouse, with a belt round it,
standing at the door of a public house tossing nuggets in their hands,
some of which must have weighed several pounds, just as carelessly as
you see boys in England tossing stones and catching them on their way
to school. I spoke to one or two of them, and they were as civil as
possible, said they were better off than they were in England, which I
believed myself, and also said, which I did not believe, that they
intended 'some day' to put money in a savings'-bank. There are,
however, many of the diggers who save their gold, but this other
especial party will not leave their 'noblers' (which is Australian for
brandy and water) till their pockets are at a low ebb, and they have
only enough to carry them back to Ballarat or Mount Alexander.
However, if people did not drink, what would become of the publicans?
Which is a serious consideration, as here, and at Adelaide, every other
house is devoted to the retailing of spirituous liquors, which are
drunk, as are also the customers generally, on the premises. Storage
is excessively high; 2s. 6d. per week per ton is the general rate, and
the same sum as entrance money. Land is worth in the main street
GBP100 a-foot frontage, and is bought at that price and turned to
account, as stores and small shops, &c. One small place you really
could not swing a cat in, about eight feet square, is paying a rent of
GBP10 a-week, and the occupant told me that he was quite satisfied, so
I presume he 'realized,' as the Yankees say. The shop was dedicated to
the divinity who presides over tobacco - not bad tobacco, such as you
see labouring men in England smoke, but the genuine article lit cakes
from old 'Virginny,' looking as strong and black as a copious infusion
of molasses could make it, and which, in order to be fashionable, ought
to be smoked out of a very short clay pipe, the shorter and blacker the
better. The great drawback to the place is the dust, which blows in
clouds just the same as it does occasionally in Egypt; but here, what
with busses, carts, &c., and a strong wind to aid and abet, it gives
the place the appearance of being in a thick fog, and is extremely
annoying, as the dust is of a very subtle nature, penetrating
everything. The trade of washer-woman - now I am on dust - is an
extremely lucrative one; 12s. a dozen articles, small and great, is the
charge; but at the hotel where I am staying, which is an 'aristocratic'
one, the charge per dozen is only 8s., because, as the housemaid
informed me, 'Gents is cleaner here, and wears more shirts.'
All this will give you some idea of the good town of Melbourne.
Notwithstanding the enormous wages of masons, &c., they are hard at
work in every part of the town in building shops, &c., and what they
build seems to be of a very solid nature, stone being the chief
material used. They say that all these buildings are worth their
weight in gold to their enterprising builders and owners; indeed, if
gold should last, Melbourne will be one of the principal towns of the
world before long; it has everything in its energetic enterprising
merchants and thriving shopkeepers, in its population, of able bodied,
money-getting, and money-spending population, to insure success -
magnificent land for cattle, corn, &c., - as back country, and,
supposing gold were to fail, they say that there are mines of other
metals which would be almost, perhaps better, being money certain for
the trade of the colony.
Hobson's Bay is crowded with shipping, and, looking from the town at
it, it looks like the whole range of the London docks, as seen from the
river; such a collection of shipping together I have never seen at one
coup d'aeil. The great difficulty is to get the goods up to Melbourne
from the bay, as the river only admits of small schooners, &c. This is
a heavy item of expense as goods have to be shipped in lighters, and
conveyed nine miles to their warehouses, although Hobson's Bay is only
two miles from the town, the river widening like a labyrinth. A cut
across the neck of land which divides the bay and town is a thing
talked of at present as a ship canal for that distance would be a
rather expensive undertaking, as you may imagine from what I have told
you about the price of labour. There are a great number of Americans
in the place, who are spoken of by all as being the most enterprising
set of fellows; they have already established an American line of
coaches to the bay and American bar-rooms; and American advertisements
(the Yankees are great advertisers) are as plentiful as bears in some
valley the name of which I have forgotten."
BANKRUPTS - James RISDEN, Camborne, Cornwall, mercer, April 25, May
15, at one o'clock, at the Exeter, District Court of Bankruptcy;
solicitors, Messrs. ROOKER, LAVERS, and MATTHEWS, Plymouth; and Mr.
STOGDON, Exeter; official assignee, Mr. HIRTZEL, Exeter.
ABOUT TO EMIGRATE - A working tin place business, front ship
fixtures, stock of ironmongery, tin goods, &c., to be Disposed Off, at
a valuation, with possession at Midsummer, or sooner if required, in
the town of Penzance, near the Market Place. N.B. - The Taker may have
two apprentices turned over to him if he think proper. For
particulars, apply to John DANIEL, Tinman, &c., Penzance.
DEATH OF MR. F. DAVIES GILBERT OF TRELISSICK - Seldom has any local
event excited livelier feelings of sorrow and surprise than the
melancholy intelligence which, before the issuing of this sheet, will
have reached many of our readers, of the decease of Mr. Davies Gilbert.
He has recently been so much before the public eye - our recollections
of him are so fresh and vivid - that the personal interest in one so
esteemed and lamented mingles with a deeper feeling of the insecurity
of all earthly things. A manly, athletic form, bearing the promise of
long years, smitten down in its prime, - virtue, talent, public spirit,
quenched suddenly in the grave, - the golden dawn of life closing, in
an instant, in eternal night, - are lessons which teach us, if
impressible by any teaching, "what shadows we are, and what shadows we
pursue." Few men have entered upon life under happier auspices than
Mr. Gilbert. He was the only son of a gentleman, distinguished alike
by his great abilities and moral worth, and whose name sheds a lustre
not only upon his native county, but upon the scientific annals of his
times. We believe it was a subject of some slight regret to Mr.
Gilbert that he was not brought up in Cornwall; though a Cornishman by
birth, his early years were principally spent at Eastbourne, in Sussex,
but he always retained a passionate attachment to the home of his
ancestors, and a thorough devotion to Cornish interest. From his youth
he appears to have looked forward to a permanent abode in this county;
and on succeeding to his patrimony, he purchased the beautiful demesne
of Trelissick, where he has since resided.
We doubt whether human existence, in its ordinary aspects, presents
anything more attractive, or that has larger capacity of enjoyment,
than the life of an English country gentleman; and of this class Mr.
Gilbert was one of the best specimens that had come under our notice.
He valued his station not merely for its dignity, but for its
responsibilities. His lively interest in the success of Agriculture -
his assiduous attention to the duties of the magistracy - the liberal
cast of his politics, and his constant readiness for any active service
- marked him as a useful and rising public man, who would, some day,
come to the highest honour his countrymen could bestow upon him. His
talents were rather solid than shining - not so much the display of
brilliant ability as of lofty principle. From no one, however opposed
to him in opinion, did we ever hear a whisper in detraction from his
personal merit. His character lay on the surface - his frank, open
countenance - the cordiality of his manner - and his sunny temper, were
the clear indications of what he really was - one of nature's own
nobility - a thoroughly sincere, warm-hearted, and right-minded man.
The death of such a man is one of those losses which cannot be
supplied. It is a bereavement not only to his sorrowing family, but to
the public at large. All Cornwall mourns over his tomb. Not twelve
months ago we hear him say, "Here I have come to live, and here I hope
to die." The words were uttered in a moment of hilarity, amidst the
cheers of a festive assembly - with little thought on the part of the
speaker or the hearers of how prematurely that hope would be fulfilled.
There was no prophetic spirit to whisper that before the coming of
another summer the colour would vanish from that glowing face, and
those lips be closed by the pale hand of death. Yet so, in the
mysterious arrangements of Providence, it has happened. A fading image
in the memory is all that remains of one for whom we anticipated a long
and active career, and to whom our last offering is this imperfect
tribute of sorrow and esteem.
Mr. Gilbert was born in the house of his grandmother at St. Erth, in
the year 1811. He was therefore only 42 years of age. The cause of
his death is ascertained to have been a long standing disease of the
liver. He had attended the Quarter Sessions at Bodmin on the 4th
instant, when he displayed all his usual activity in county business,
and no symptoms of illness were then apparent. On the following day,
however, he felt unwell, and retired at an early hour. From that time,
the disease must have rapidly gained ground, although there was no
outward indication which excited any particular apprehension until
Sunday last, when he expired. No one who knew any thing of his sweet,
gentle, benevolent character, will be surprised to hear that he died in
the enjoyment of perfect peace with God, and that among the last words
which he uttered was an expression of the full assurance of his
Christian hope that Jesus Christ died for him. Mr. Gilbert was married
in 1851 to the Hon. Ann Dorothea, eldest daughter of Lord Carew, of
Castleboro, Wexford, Ireland, by whom he has left one son. His
funeral, which by his own request will be a strictly private one, will
take place at Feock, on Saturday morning at eight o'clock.
PARTNERSHIP DISSOLVED - From the London Gazette Tuesday, April 18,
1854. John Hicks THOMAS and Alfred WILLS, Mevagissey, Cornwall,
grocers and drapers.
WRESTLING - It was announced that a wrestling match would take place
on Monday afternoon last, at Millbay, between William TREGLOWN, of
Ludgvan, and WHITE, another Cornishman; but through some
misunderstanding the match did not take place. It was said that
Treglown had received a letter stating that White was ill, and in
consequence Treglown went to London. White, however, attended at the
time appointed.
FEOCK - DEATH OF Mr. DAVIES GILBERT - We have received the following
from an inhabitant of Feock, in which parish, Trelissick, the residence
of the late Mr. Davies Gilbert, is situated:- "A deep gloom has been
cast over our parish by the melancholy information received on Monday
morning last, of the death of our worthy and highly esteemed
parishioner, Mr. Davies Gilbert, - a gentleman who had endeared himself
to all in the parish by his integrity, liberality, urbanity, and
devotedness to their interests. As a kind, considerate, and liberal
landlord, we believe he stood at the head of that class in this county;
and his loss will be most severely felt by his numerous tenantry. As
an employer, his many labourers will ever have occasion to remember
with gratitude the interest he felt for them and their children, and
the efforts he made to promote their comfort. As a friend to the poor,
he was accessible at all times, his purse was ever open to assist them,
and the deserving were never sent away unrelieved. Indeed, ever since
he took up his abode in this parish, he has exerted himself in every
possible way to promote the happiness of its inhabitants; and whilst
the present generation shall continue, the name of Mr. Davies Gilbert
will be remembered with the most sincere respect, and grateful emotions.
GRATIFYING TESTIMONIAL - We hear that Mr. J. B. PASCOE, solicitor,
late of Truro, has been presented with a handsome silver ink-bottle, by
the students of an eminent London firm, as a token of their
appreciation of the kind and valuable legal assistance which he never
failed to render to them.
DECREASE OF PAUPERISM - Mr. John BOWRING, the able clerk of the St.
Thomas's Union, at Exeter, has published a comparative statement of the
Pauperism in Devon and Cornwall, from which it appears that in the
latter county there has been a total decrease from January 1853 to
January 1854, to the extent of 6-7 per cent. The total pauperism in
the Devonshire Unions has also decreased, but not to the extent of the
decrease in the Cornwall Unions, being only 2.5 per cent. In six
Unions it has increased, while in eleven Unions it has decreased. The
total pauperism of both these counties has decreased 4.0 per cent,
which upon the whole, shows a healthy progress; and this source of
congratulation is somewhat increased when it is observed that this
result has been brought about in the face of a great increase in the
price of all the necessaries of life. It may be remarked that the
price of wheat in 1852 was 41s. 2d. per quarter, while in 1853 it was
51s. 10d. per qr. - an increase of nearly 26 per cent., in the price of
the principal article of food. As regards able-bodied pauperism, the
Cornwall Unions have deceased 1.2 per cent., while that of the
Devonshire Unions has increased 3.5 per cent. This result would seem
to indicate either, that emigration to a greater extent, more
employment, or an increased rate of wages, has obtained in Cornwall,
and thus lessened able bodied pauperism; while in Devon, it may almost
be inferred that neither these nor any other cause has been in
operation to reduce this class of paupers.
EXECUTIONS IN CORNWALL - During the last sixty-four years, no fewer
than thirty-three persons have been publicly put to death by the
hangman in this county. The greater part of these executions, however,
took place when capital punishment was inflicted for sheep-stealing,
highway robbery, and other offences, as well as for the crime of
murder. The following is a list of the persons who have been executed
in Cornwall since 1790:-
Benj. WILLOUGHBY, aged 20 and John TAYLOR, aged 36, Beating and
fracturing the skull of Jas. JAMES, 1790.
Wm. TREWARVAS, aged 25, Murder of Martha BLEWITT, 1793.
G. A. SAFEBORNE, aged 35, Murder of a Dutchman, 1796.
Wm. HOWARTH, aged 24, Housebreaking, 1798.
Wm. ROSKILLY, aged 34, Housebreaking, 1801.
Jno. VANSTONE, aged 37, and Wm. LEE, Housebreaking, 1802.
Joseph STRICK, aged 25, Murder, 1804.
John WILLIAMSON and James JOICE, Housebreaking, 1805.
LA ROCHE, (Frenchman), aged 30, Forgery, 1812.
Wm. WYATT, aged 40, Murder of a Jew, 1812.
Eli OSBORN, aged 20, Setting fire to corn, 1813.
Wm. BURNS, aged 21, Murder, 1814.
Jno. SIMMS, Murder, 1815.
Wm. ROWE, aged 41, Sheepstealing, 1818.
Jno BARNICOTT, aged 24, and Jno. THOMPSON, aged 18, Murder, 1821.
N. J. CARD, aged 42, Murder, 1821.
Sarah POLGREAN, aged 37, Murder, 1820, (poisoning her husband).
Michael STEPHENS, aged 27, Sheepstealing, 1820.
William OXFORD, aged 21, Setting fire to corn, 1825.
James EDDY, aged 29, Highway robbery, 1827.
J. P. COMBE, 21, Housebreaking, 1821.
Eliz. COMMINS, 22, Murder of her child, 1828.
Wm. HOCKING, 57, Bestiality, 1834.
John HENWOOD, 29, Parricide, 1835.
Wm. LIGHTFOOT, 36 and Jas. LIGHTFOOT, 23, Murder of Mr. NORWAY, April
13, 1840.
Matthew WEEKES, 22, Murder of Charlotte DYMOND, Aug. 12, 1844.
Benjamin ELLISON, 61, Murder of Mrs. SEAMAN, Aug. 11, 1845.
James HOLMAN, 31, Murder of his wife, Philippa Holman, April 3, 1854.
FIRE - On Saturday morning last, a fire of an alarming character
broke out at Maker Farm, in a thatched building used as a fowl house.
This farm is occupied by Mr. THOMPSON, the Earl of Mount Edgcumbe's
farm steward. An alarm was quickly given, and the artillerymen
stationed at Maker, assisted by the inhabitants of Kingsand and
Cawsand, and the Rev. E. TRELAWAY's men, pulled down the roof, and
stopped the progress of the fire, - thus saving the great destruction
of corn and stall-feeding cattle which were on the premises. Lord
VALLETORT, who was on the spot, kindly ordered a cask of Mount Edgcumbe
ale for the use of the assistants.
SHOP LIFTING - On Tuesday last, a girl called Ruth Ann GOODMAN, was
charged before Mr. R. R. BROAD, magistrate, at Falmouth, with having
stolen from the shop of Messrs. ROGERS and BANKS, drapers, a dress,
valued 13s. The prisoner was seen by the errand-boy to secret the
dress and make off with it, on which he told the shop assistant, who
followed and overtook her with the dress in her possession. It was
sworn to by Mr. Rogers, and the prisoner was committed for trial at the
next borough sessions.
MINE ACCIDENT - At Wheal Tremayne, in Gwinear, on Thursday last, two
miners, Richard and Charles HARVEY were tamping a hole, one holding a
boring iron, the other striking it, powder being at the time in the
hold, and a spark exploding it, Richard Harvey was much injured about
the face and eyes, and Charles Harvey suffered so much in the arms,
that amputation of the right arm was rendered necessary, and also of
the thumb of the left hand.
VIOLENT ASSAULT BY SOME PRIVATES OF THE ROYAL ARTILLERY AND SEAMAN ON A
POLICEMAN - On Sunday evening last, a private of the Artillery
stationed at Falmouth garrison, who was intoxicated, got into a quarrel
with a foreign sailor, which led to a general row, and when a couple of
constables, who were called in, had been much ill-used, the policeman
TILLY was sent for, who endeavoured to persuade the men to go to their
barracks, and the sailors to disperse; but the Artillerymen took off
their belts with their brass buckles, and commenced striking the
policeman over the head and other parts. They cut open his head in two
or three places, cut through his clothes and bruised him in a very
serious manner. After some difficulty two of the sailors who had
kicked the policeman, were taken to the lock-up; the piquet coming down
from the Castle, the soldiers took to their heels, and got off, but
seven were summoned before Sir Charles LEMON and Capt. TRIST,
magistrates, on Tuesday last, when the officer and other witnesses
identified four of the Artillerymen, and two sailors, the latter of
whom were fined 20s. each and costs, and two of the Artillerymen were
fined in like manner, but two, called LEE and ALLISON, whose conduct
was worse than that of the others, were committed for trial at the next
quarter sessions for the county. The other parties concerned could not
be sworn to. This is one of the greatest riots which have occurred
since the artillery company have been at the Castle, the men (though
some are of a low character), being generally very well behaved.
CORONERS' INQUESTS - The following inquests have been held before Mr.
John CARLYON, county coroner:- On Thursday last week, at Tresimple, in
the parish of St. Clement, on the body of Mrs. Harriet WILLIAMS, aged
34 years, whose death was said to have been caused by the improper
treatment of a midwife, who had attended her in her confinement about a
month before. The jury however, on hearing the evidence, did not
consider it sufficiently strong to warrant a verdict of manslaughter
against the midwife, but she was cautioned by the coroner against
undertaking such cases in future. Verdict, "death from natural causes."
On Friday, in the parish of Kenwyn, on the body of William NICHOLAS,
labourer, aged 74 years. In this case it appeared that the deceased
had complained to different parties of the cruel way in which he had
been treated by his wife and family, who, he said, made his home a hell
upon earth to him; and no medical man having attended him in his last
illness, which was of very short duration, there were various reports
in circulation as to the cause of his death. There were no marks of
violence, however, about the body and it did not appear there was
anything beyond what the old man had stated to prove ill-treatment.
The Jury consequently returned a verdict of "death from natural causes."
On Saturday last, in the parish of Menheniot, on the body of Mary Jane
STANBURY, aged one year and nine months, who was drowned on Thursday,
by accidentally falling into a leat, which ran along immediately
outside her parents' garden. Verdict, "accidentally drowned."
On Monday last, at Cargreen, in the parish of Landulph, on the body of
William GILL, labourer, aged 56 years, whose body was found washed
ashore on Friday last near that place. It appeared that the last
person who had seen deceased alive was a man called Christopher DAVIS;
this was on Saturday three weeks, about eleven o'clock at night; he was
then lying down outside the Ring of Bells public house, in Cargreen,
with his hat off, and very tipsy. Witness roused him up and put on his
hat, and he then walked away towards the quay. It is supposed that in
the dark he walked over. Verdict, "found drowned."
On the same day at Trevarth, in the parish of Gwennap, on the body of
Thomas CURTIS, aged 15 years, who died from injuries he received while
assisting the lander at Tresavean mine, in getting the whim-chain into
the pulley over the shaft tackle. To do this he had to go up on the
poppet(?) heads immediately above the shaft, from whence he fell on a
pile of stones below - a distance of about five fathoms, and died from
the injuries he received. Verdict, "accidental death."
On Wednesday at Padstow, on the body of John GILL, labourer, aged 32
years, whose body was found drowned near the South Pier-head at that
place on Tuesday last. There was no evidence to show how he got into
the water; but from its having been said there had been some
quarrelling on the quay the evening before, and from the face
exhibiting marks of violence, it was thought he might have been
ill-treated and thrown over the quay. There was, however, no proof of
any quarrelling; and Mr. MARLEY, a surgeon, having deposed that the
marks of violence apparent on his face were certainly not inflicted
with any weapon, but were most likely caused by falling from the quay,
the jury returned a verdict "found drowned." The last person who had
seen him alive was a man called Henry HICKS; this was between eleven
and half-past eleven on Monday evening; they both walked together
towards the quay, when witness left him and wished him good night.
The following inquest was held before Mr. W. R. PENDER, coroner for
Falmouth, at the New Inn, Falmouth, on Saturday last, on the body of
Samuel WILLIAMS, a seaman, aged 61. Henry PASCOE, a boatman, stated he
went with the deceased alongside of the "Edith," a vessel in the inner
harbour, on the 11th instant, about half-past nine at night. Deceased
went on board, and he (Pascoe) handed up his bed and some other things,
and while he was preparing to get up his chest, he heard something fall
into the boat. This was the deceased, who did not speak, and witness
rowed to the shore, and got a man to take him from the boat to his
house, but, having no bed to put him in, laid him on one in a
neighbour's room. Witness had known him many years; he was one of St.
Keverne, and was a little in liquor at the time. Mr. R. S. DONNAL,
surgeon, stated that he was called to see the deceased on the Wednesday
morning, twelve hours after the accident; he was then perfectly
insensible. On the Thursday he was able to converse and answer
questions; he was paralysed from his hips downwards, but was not
suffering any pain. His death was caused by a fall, having struck the
dorsal vertebra, and produced congestion of the spinal marrow.
Verdict, "accidental death."
28 APRIL 1854, Friday
EXETER COURT OF BANKRUPTCY - Tuesday, April 25, before Mr.
Commissioner BERE. Re:- James RISDEN, Camborne. The Bankrupt had
carried on a somewhat extensive business as a tailor and draper, at
Camborne. The present was a sitting for investigating into certain
charges which had been made against him relative to his having
improperly removed a quantity of his goods. Mr. STOGDON appeared as
solicitor for the estate; Mr. George W. TURNER attending for the
bankrupt. The bankrupt, in his examination, stated that the value of
his stock at the time of his bankruptcy was not more than GBP100; and
at no one time during the last six months had it exceeded GBP300. He
had done nothing to the business himself for a long time, and it was
not probable that he should be able for a considerable period. He had
employed a person named Thomas NICHOLLS, who had assisted him in
cutting out, and managing the work. About three weeks ago last Sunday,
a cart was taken to Helston, but nothing was removed in it. He did not
ride on the cart through Camborne himself, because he did not like to
be seen in a donkey cart. His reason for not riding was not that he
wished to keep out of the way. He had not assisted in carrying
anything away; and he did not believe that anything had been removed.
His wife principally managed the business in the shop, and she knew
much more about it than he did himself. She was now in Exeter,
assisting him in making up his balance sheet.
Mary RISDEN, wife of the bankrupt, was next examined. She stated that
she had almost the entire management of the shop. Nicholls had nothing
to do with that department; he only assisted her husband in cutting
out. She kept all the money, and was in the habit of paying all the
bills, as her husband was unable to write; when she had any large
amount, such as GBP10, she placed it in the bank. The last time she
put anything in the bank was in February last. She had had much
illness in her family lately, and trade had been exceedingly dull ever
since Christmas. In February, however, she took more money than during
any subsequent month. In that month she sold a quantity of plush and
coarse cloth to some Irish hawkers, who paid her upwards of GBP12 or
GBP13. During the rest of the month, she did not receive more than
twenty shillings. In February she paid back GBP20 which she had
borrowed of a person living in the neighbourhood. The last merchant's
bill which she paid was Mr. SHEPPARD's, which amounted to upwards of
GBP17; that was in February last, and since that time she had paid no
others. Her receipts were nothing like GBP35 per month. Mr. STOGDON -
But we have the books here, Mrs. Risden, to show that they were as much
as that. The witness stated that she was sure that could not be true
since Christmas, as business had been very slack and she had not taken
much money, except that of the hawkers. She borrowed the GBP20 to pay
Mr. Sheppard, the rest of it being used for the support of her family.
She was in the habit of making a right calculation of her stock about
Christmas every year, and at Christmas last she estimated it at about
GBP120. She certainly did not think it was much more. At the time of
the bankruptcy it was about GBP100. Since December last she had
purchased goods of Mr. DABB to the amount of GBP15. When that person's
bill became due he was written to asking him to enlarge the bill for a
fortnight, but he refused to do so unless GBP20 were paid down. This
she was unable to do, and he threatened to sue her husband unless the
money was paid by the 4th of March. After the receipt of the letter
containing that intimation, her husband left Camborne and went to a
place near Camborne, taking the books with him. The reason that she
paid back the GBP20 which she borrowed was because the person who lent
it was about to emigrate to America. She never saw any goods taken
away from the shop either by her husband or by any one else. If any
had been removed she must have noticed it as she looked after the shop.
She only took about GBP13 or GBP14 altogether in February; and as she
had said she borrowed GBP20 to pay a portion of it to Mr. Sheppard,
whose bill, for GBP17 was due on the 6th of February. Mr. Stogdon
asked the witness how, if she paid back the GBP20 as well as the GBP17,
she could have done it if she only received GBP13 or GBP14. She could
not however give any clear explanation, and the examination ended. The
case was then adjourned. After the Commissioner had left the Court,
Mrs. Risden stated that she had brought up two witnesses to be examined
relative to some things which had taken place before the Judge of the
County Court in Cornwall; but it was then too late for them to be heard.
THE ADMIRALTY - Mr. PHINN, M.P., of the Western Circuit, has been
appointed counsel to the Admiralty, in the room of Mr. Justice CROWDER.
THE NAVY - Rear Admiral REYNOLDS, C.B., is likely to succeed
Vice-Admiral PERCY in the command at Sheerness, the latter's term of
office expiring on the 23rd of June next.
APPOINTMENT - Mr. A. WHITE, late of the Exeter Training College, was
last week elected organist of the church of St. Austell, by the Organ
Committee.
PLYMOUTH MERCANTILE MARINE BOARD - The following obtained
certificates of competency at the examination held at Plymouth, on
Wednesday the 19th of April:- Master - William Charles MUMFORD,
Scilly, First Mate - Stephen JENKIN, Scilly, Second Mate - Phillip
WALTERS, Looe.
GIG ACCIDENT - As Mr. DOBLE, of Mylor, and his son, who were driving
in a gig, were coming down Roskilling hill, about a mile out of
Helston, on Monday morning last, on turning the corner, the wheel
caught against a stone, and the young Mr. Doble was thrown out and very
much bruised. The horse went off, and the reins having slipped down
behind the horse's legs, Mr. Doble had no command over them. On
arriving at the higher end of Wendron Street, the wheel of the gig came
in contact with the wheel of a carriage, and Mr. Doble was thrown out
of the gig and fell on his side, when it was found he had broken his
arm near the shoulder, and one or two of his ribs. Mr. BORLASE and his
son, surgeons, were immediately on the spot, and rendered every
assistance. Mr. Doble was then removed to the Angel Inn, where the
broken limb was set, and some smaller wounds dressed, and in the
evening of the same day he was taken back to Mylor.
CHILD BURNT - On Tuesday last, at Callington, a child called
Elizabeth EDWARDS, aged fourteen months, was placed before the fire,
and by some means unexplained, the clothes of the child became ignited,
and she was so dreadfully burnt before assistance could be procured,
that there was no prospect of her life being preserved. The accident
happened at seven o'clock, and at two the next morning death terminated
her sufferings. As it generally happens in such cases, both the
parents were absent.
CORONER'S INQUESTS - On Thursday last week, in Illogan parish, on the
body of a new born male child, which was found about seven o'clock that
morning, in the launder, which conveys the water to Condurrow Stamps.
Strong suspicion rested on a young woman in the neighbourhood, of
having given birth to it, but from the medical evidence given at the
inquest, the jury were obliged to return a verdict "that the child was
not born alive."
On Monday, in the parish of Linkinhorne, on the body of William
WILLIAMS, aged 25 years. The deceased was a miner, and worked in East
Phoenix Mine. On Friday morning, he and another man were descending
the shaft to their work in a kibble, when from some cause or other
which could not be accounted for, the deceased fell from the kibble, to
the bottom of the shaft, and only survived the injuries he received by
the fall a few minutes. Verdict, "accidental death".
On Tuesday, in Gwennap parish, on the body of John TREWEEKE, miner,
aged 45 years, who died on Monday last, and from statements he made in
his last illness to different parties, his death was attributed to a
kick which he alleged he had received on Saturday the 8th instant, from
some parties in St. Day. From the evidence given at the inquest,
however, the jury discredited his statements, and in comformity with
the medical evidence returned a verdict of "death from peritoneum
inflammation."
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