cornwall england newspaper
1854 NEWS ARTICLE
JANUARY
6 JANUARY 1854, Friday
CAUTION - I, JOHN CANDY, of the parish of Kenwyn, in the borough of
Truro, do hereby give notice that I will not be answerable for any debt
or debts that my wife, Elizabeth Candy, of the parish of Kenwyn, in the
said borough, may contract after this Notice. John Candy. Witness -
Thomas PETHERICK, dated December 30th, 1853.
TREGORRICK BRIDGE. - Sir COLMAN RASHLEIGH said he had been requested to
call attention to this bridge, in the neighbourhood of St. Austell.
The present is a wooden bridge, and very unsafe. There is considerable
traffic over it; and the parish of St. Austell propose to rebuild it,
with the view of having it made a county bridge afterwards. He then
moved that a committee be appointed to consider the propriety of
accepting this as a county bridge when built; but after some remarks
from other magistrates, he withdrew his motion, in order that inquiry
might be made, in the first place whether, when a parish is liable to
repair a bridge, that it can be made a county bridge.
TRIALS OF PRISONERS.
The cases disposed of today in this court were of an unimportant
character. WILLIAM NINNIS, 30 a miner, was found guilty of stealing
apples from the orchard of Mrs. PHILLIPPA PEARCE ANDREW, in the parish
of St. Austell, on the 6th of November. A second conviction was proved
against him, at the assizes in 1846, of stealing candles, in the parish
of Gwennap.
WILLIAM KNIGHT, a labourer, aged 46, was found guilty of stealing a
coat, value 3s., the property of John EDEY, gardener, of St. Germans,
from an orchard belonging to Mr. POLGREEN, near to which the prosecutor
was working.
JOHN JACKMAN HARRIS, a labourer, aged 22, was found guilty of stealing
on the 21st of December, at St. Stephens by Saltash, a sow pig, the
property of WILLIAM CARAM, a farmer. He was also found guilty on a
second indictment, of stealing on the 23rd of December, a pig the
property of CHARLES JEFFERY, farmer, of Burrow, in the parish of Antony.
CATHERINE ANGOVE, aged 19, who had been in employ at West Wheal Buller,
was charged with stealing on the 18th of November, at Redruth, 3s. 8
1/2 d., from the person of PHILIPPA SMITHERAM. Mr. DARKE conducted
the prosecution; Mr. STOKES the defence. Philipa Smitheram, the
prosecutrix, stated:- I am a servant at an inn kept by Mr. TREVENA in
Redruth; in the evening of Saturday, the 18th of November, I was
standing at the street door, looking at a large boiler in the street,
and there was also some fighting going on. The prisoner came alongside
me, by my right side, and said a man had almost knocked her down. At
the time I came out to the door I had in my pocket on my right side
three sixpences and 2 1/2 d. I went back into the drinking room, and
having to pay for a pint of porter, I found that all my money was gone.
I then went into another drinking room, and brought out the girl into
the mixing bar, and told her she had taken my money. She said she had
not, and that she had nothing in her pocket but a key. RICHARD RODDA,
a constable, came and took hold of the prisoner and shook her, and
there fell from her, three sixpences and 2 1/2 d. Richard Rodda, the
constable, gave confirmatory evidence. For the defence, it was urged
that there was no proof of any act of felony by the prisoner, and that
in the absence of such proof, she ought not to be convicted merely
because of the correspondence of the money found on the floor with what
the prosecutrix said she lost. It would also be proved that on the day
in question, the prisoner, had in her possession, a sum greater than
that which the prosecutrix had lost. In proof of this statement, a
young girl named Jane BOLITHO, working at West Wheal Buller under the
same captain as the prisoner was examined. The jury found a verdict of
Guilty. The Chairman advised that females should wear their pockets in
a position and manner to be less tempting to thieves than they are as
ordinarily worn.
JAMES WREN, a labourer, aged 27, and evidently not one of this county,
was found guilty of stealing, on the 25th of December, some mutton,
flour, butter, and a handkerchief, the property of RICHARD JEFFERY,
also a labourer, at Liskeard. There was another indictment, not tried,
which charged the prisoner with stealing on the same day, at Liskeard,
three loaves of bread, the property of WILLIAM HARRIS, a labourer.
THOMAS HOARE, 28, was found guilty of stealing two Muscovy ducks, the
property of Mr. JOHN DOBEY of Tencreek, in Menheniot, on the 9th of
December. A former conviction for larceny was proved against the
prisoner in March 1845, at the Liskeard Union, where he stole lead.
APPLE STEALING. - WILLIAM STEPHENS 22, and JOHN KNEEBONE, 17, were
charged with stealing a quantity of apples, the property of JOHN DOBEY.
Mr. CHILDS for the prosecution, and Mr. SHILSON for the defence. The
prosecutor lives at Tencreek, in Menheniot, and there being a public
path by the orchard of his at Pope's Mill, and a great many miners in
the neighbourhood, he had had large quantities of apples stolen. A
quantity of apples were found in the prisoner's possession, which were
compared before the committing magistrates with the apples in the
orchard, and were found to correspond, but having denyed[?] they could
not be brought into court for the inspection of the jury. Evidence was
also given of statements by the prisoners in regard to the apple
stealing. For the defence, Mr. Shilson submitted that there was no
case for the jury, inasmuch as it had not been proved whether the
apples were taken from the trees or from the ground. To prove the
felony, it was necessary to show by evidence that the apples were
stolen from the ground; if taken from the trees, it was a misdemeanour
and not felony. The Chairman, however, decided the case should go to
the jury, and stated in summing up that if the apples were stolen from
the trees, it would be a misdemeanour, a case of malicious trespass[?],
and should be dealt with summarily before the magistrates, and not be a
case for trial in this court; but if the apples were stolen from the
ground, it would be a case of felony. They must therefore consider
whether there was evidence that any of the apples were stolen from the
ground; if not, the prisoners must be acquitted. After the jury had
considered the case for some time, one of them occasioned[?] some
laughter by asking the chairman whether they must go by the evidence,
or might judge from analogy! The Chairman replied that they must
ground their verdict on the evidence. He was then asked if they could
agree that the prisoners had been in the orchard, whether they might
convict if it were shown that one apple had been taken from the ground.
The Chairman replied that they might in that case convict the
prisoners, if they were agreed on the other points. The jury, however,
could not agree; they stated that eleven were for an acquittal, but
that one was holding out. They were then locked up "without meat,
drink, fire or candle," and in about an hour and a half returned the
prisoners Not Guilty.
MARY ANN IVEY was charged with stealing two glasses, a spoon, and a
jug, the property of GEORGE UGLOW of St. Austell. Mr. SHILSON
prosecuted, and Mr. STOKES defended the prisoner. Prosecutor keeps
the Holmbush Inn, in the parish of St. Austell, and the articles in
question were stolen on Saturday evening the 29th of October. The
articles were found on her person, she having been seen to take one or
tow of them by one of the female servants called HICKS. The defence
set up was that she took them thinking them to be the property of a
woman called KESTLE. But the jury almost immediately found her Guilty.
CHARLES NORMINGTON was charged with stealing a pair of trousers from
John BATE, who was a sawyer at West Par Consols, and had left his
trousers in the carpenter's shop. Mr. SHILSON submitted, on behalf of
the prisoner, that the case was a doubtful one as to identity of the
trousers that they were not found in prisoner's possession until a
considerable time after they were missed, and that other persons had
access to the carpenter's shop, whereas there was no proof that the
prisoner had access. Verdict, Not Guilty.
WILLIAM BUCKINGHAM, 32, RICHARD HALVASO, 28, HIRAM PEARCE and WILLIAM
BENNY were indicted for stealing twenty Winchester bushels of oats, the
property of JOSEPH THOMAS, grocer, and corn dealer, at Truro. The
prisoner, Buckingham, pleaded guilty. The other three were placed on
their trial. Mr. HOCKIN appearing for the prosecution, and Mr. STOKES
for Pearce and Benny; Halvaso was undefended. The evidence was of
considerable length. It appeared that Mr. Joseph Thomas had purchased
oats in Ireland, which were brought to Malpas, two miles from Truro,
previous to the 19th of December, in the vessel "Patrick." He sent a
man to Malpas with the corporation meter, to measure the oats, and
there were discharged into a barge hired from Mr. JEREMIAH REYNALDS,
100 quarters in bulk, and 10 quarters in bags. Buckingham and Halvaso
were employed to bring the barge up to Truro, and assisted in
discharging the oats from the vessel to the barge. Prosecutor's man,
FRANCIS VAGUE, went in the barge to Victoria Point with Buckingham and
Halvaso, where they went ashore (waiting for tide) and had two quarts
of beer. This was between two and three in the afternoon. Vague left
them at the public house and went home; when he was in the barge he
noticed two bags in the cabin with straw in them. After this a man
called CLEMMOW, in the employ of Mr. Reynalds, went down to Waterloo
quay to see if the barge was coming up. He saw her, and a little boat
astern. He saw the boat drawn forwards to the side of the barge, and a
person got into the little boat and crossed towards the Newham side of
the river. Afterwards he went to Lemon Quay, at Truro, and found the
barge had arrived there. Only Buckingham was on boards, and Benny was
on the quay making the lighter fast. Buckingham said to Clemmow that
Halvaso had gone ashore at the other quay. By this time suspicion had
been awakened that all was not right, and Thomas BLEWETT, in the employ
of Mr. Reynalds, about six o'clock went to Waterloo quay, and met a man
riding, but could not see who it was, it being dark. On returning he
saw a horse inside the gate at the limekiln at Poltisko; he waked down
a hundred yards, and then saw a horse go towards Truro, with something
on his back, and a man riding on it. A lad called DYER, in Mr.
Reynald's employ, gave evidence that he saw Hiram Pearce, about seven
in the evening, pass his master's gate on horseback, with a bag under
him. He followed him to Clift's stable on Bodmin hill, and saw him
take a bag off the horse, and carry into the stable. The Police were
informed of the matter, and inspector NASH and police constable PAPPIN
went to Clift's stables. The inspector directed the policeman to
remain there, and went down the hill, when at the bottom he met Hiram
Pearce and apprehended him. Pearce said to the inspector he would not
get into trouble for any one. He said that on the previous Saturday
(this being Monday) Buckingham and Halvaso asked him to buy some oats,
and he agreed to do so. He went down that evening, and brought one
sack up on the horse's back, and the other three sacks were under the
eye of the limekiln at Poltisko. Mr. Nash then went to the limekiln,
and had the three sacks brought to the police station. Samples of the
oats in those sacks, and in the sack found in Clift's stable were
produced, and the prosecutor's servant said they corresponded with the
oats discharged into the barge. The prosecutor said the quantity taken
was about fourteen bushels. The admissions of the persons before the
magistrates were then put in as evidence. Benny's statement was the he
joined Buckingham and Halvaso at the Park Inn, he said, "they asked me
to have a glass of beer; we then went together to Victoria Point and
went on board the barge. Buckingham told Halvaso to go down and fill
two sacks of oats, and two other sacks were taken by them full of oats.
The four sacks were pub by Buckingham and Halvaso into the little
boat. I steered the barge to Lemon quay, then moored the boat, and
went in search of Hiram Pearce. We found Pearce and Buckingham told
him to get the horse and go down the Malpas road as he agreed. The
horse was brought by Pearce, and he went with me to Waterloo quay.
There was not water enough to float the boat there, and I jumped into
the boat and pulled her up to Poltisko quay with Halvaso, we then
landed the four sacks, one of which was taken by Pearce and put on the
horse, which he rode away, and the other three were put in the
limekiln. Hiram Pearce's admission before the magistrates, was that he
agreed on the previous Saturday to give Buckingham 8s. a bag for the
oats, and a quart of beer, Halvaso's confession corroborated the other
statements. Whilst Benny and Buckingham went to Lemon quay with the
barge, Halvaso said he was desired to move up and down in the little
boat with the four sacks of oats until he heard a whistle, which he
did, Halvaso said all he did was by Buckingham's direction. Mr. STOKES
for the defence, submitted that there was no proof of any felonious
intention on the part of Benny or Pearce; that it did not appear that
Benny was to gain any advantage by the transaction, and a man was not
likely to commit felony for nothing; and as to Hiram Pearce, he had
agreed to buy the oats as a bona fide bargain, without any felonious
purpose. He called William Benny, cousin of one of the prisoners, who
heard Pearce make the bargain at the Union Hotel, several others being
in the room at the time; and John WHETTER, foreman in the yard of
Messrs. Michell at Truro, who gave Pearce and Benny and good character,
Pearce having been employed by Messrs. Michell ten or twelve years, and
brought ore for them from East Wheal Rose, none of which was ever
missed. The Chairman having summed up, the jury in about five minutes
returned all three prisoners Guilty.
MARY HICKS pleaded Guilty of stealing barley meal, onions, potatoes,
mangold wurtzel, and apples, the property of Mr. John WILLS of South
Petherwin. Prosecutor said the prisoner had been in his employ for
twelve years, and had always been an honest, trustworthy woman until
this offence.
JAMES WALLACE, 17, pleaded Guilty of stealing a fustian jacket from
NICHOLAS REED, of Redruth, on the 23rd of December.
JOHN PENALURICK, 39, was found Guilty of stealing a flannel shirt from
MARTIN STEPHENS, a miner working at South Caradon Mine.
ELIZA FLOWERS, 24, was charged with stealing a pair of trousers from
GEORGE ROBERTSON at Truro. Mr. STOKES called witnesses to prove the
case, it appearing that the prisoner had pawned the trousers in the
name of ELIZA JACKSON at Behenna's pawnshop for 1s. - Guilty.
THOMAS TREBILCOCK, 18, and RICHARD VINCENT, 17, two miners were charged
with breaking and entering the dwelling house of WILLIAM PENROSE of
Gwennap, and stealing a box containing money. Mr. HOCKIN conducted the
prosecution. Verdict, Trebilcock, Guilty; Vincent, Not Guilty.
FRANCIS BURNETT, labourer, aged 29, charged with stealing, on the 25th
of December, three fowls, the property of Mrs. CAROLINE DINGLE, of
Broadmoor, in the parish of St. Stephens by Saltash. The prisoner was
in the employ of the prosecutrix and ungratefully committed the felony
after partaking in her house, with the rest of her household, of a good
Christmas Eve supper. Verdict, Guilty.
WILLIAM RICKARD, labourer, aged 42, was charged with stealing, on the
18th of October, a horse-cloth, a pack, and a winnowing sheet, the
property of SAMPSON BORLASE, farmer of Luxulian. He was found Guilty.
There was another indictment, charging the prisoner with stealing a
pack, the property of JOHN HARRILL, of Luxulyan, also on the 18th of
October; but this case was not tried. A previous conviction, however,
was proved against him; at the Epiphany Sessions, 1849, he was
convicted of stealing an ass, and received sentence of transportation.
At that time he bore the name of TREBILCOCK.
JAMES RENFREE, a miner aged 19, was charged with stealing a pair of
shoes, the property of THOMAS COLLINS, also a miner, from a chest at
Clitters mine, in the parish of Calstock, on the 19th of November. At
the close of the evidence for the prosecution, the Chairman,
considering that it had failed in one or two important particulars, and
especially in prosecutor's being unable to swear to the shoes produced,
directed the jury to find a verdict of Acquittal.
LOUISA BURT, aged 36, charged with stealing part of a loaf of bread,
the property of JAMES STEPHENS, of Trewin, in the parish of St. Columb
Major, on the 20th October. It appeared that ELIZABETH STEPHENS, wife
of the prosecutor, was working with the prisoner on the day named, and
offered to give her a cabbage and some turnips for the next Sunday. On
their leaving work, prisoner accompanied Mrs. Stephens to her house,
for purpose of receiving the promised gifts, and, while Mrs. Stephens
was absent in the garden a few minutes, took a loaf of bread from the
house, concealing it under her shawl, as she received the cabbage and
turnips. Verdict, Guilty.
CHARLES WELCH, seaman, aged 21, pleaded Guilty of stealing a silver
watch, the property of PETER CARLYLE, at Budock, on the 20th December.
JOHN JACKMAN HARRIS, aged 22, yesterday convicted on two indictments of
pig-stealing, was now indicted for stealing a horse, the property of
FRANCIS BONE, farmer, of St. Cleer, on the 19th of December. The
prosecutor stated that the prisoner was in his service for about ten
days before the 19th December, on the morning of which day, the
prosecutor discharged him. On the following day prosecutor missed his
horse, and next saw it at Bodmin yesterday forenoon. Would swear it
was the same horse he missed on the 20th of December; it had been in
his possession for many years. GEORGE ROWE, a butcher, of Torpoint,
stated that he bought the horse of the prisoner, on Thursday the 22nd
December, for 30s.; the horse was about 20 years old, and blind in one
eye. In consequence of some information he received, he yesterday
brought the horse down to Bodmin to show it to Mr. Bone; who, at once,
identified it as his property. Verdict, Guilty.
THOMAS HENRY MARTIN, aged 14, was charged with stealing two
clasp-knives and a calico bag, containing some bread, cheese, and
current cake, the property of TRISTRAM BAWDEN, at Gwennap, on the 29th
of December. The prosecutor is a pitman, at the Consolidated mines;
and the articles were stolen from the prosecutor's coat, which was
placed under lock, with other articles in a changing-house on the mine.
Verdict, Guilty.
WHEREAS - On the thirty-first day of December, one thousand eight
hundred and fifty-three, a Petition for an adjudication of bankruptcy
was filed against WILLIAM SIMS, of Redruth, in the county of Cornwall,
Linen Draper, in Her Majesty's Court of Bankruptcy for the Exeter
district, and he being adjudged Bankrupt, is hereby required to
surrender himself to MONTAGUE BAKER BERE, Esquire, Commissioner of her
Majesty's Court of Bankruptcy for the Exeter district, on the 12th day
of January next, at One of the clock in the Afternoon precisely; and on
the ninth day of February following, at one of the clock in the
Afternoon precisely, at the Court of Bankruptcy for the Exeter
district, in Queen Street, in the city of Exeter, and make a full
discovery and disclosure of his Estate and Effects, when and where the
Creditors are to come prepared to prove their debts, and at the first
sitting to choose Assignees, and at the last sitting the said Bankrupt
is required to finish his examination. All Persons indebted to the
said Bankrupt, or that have any of his Effects, are not to pay or
deliver the same but to Mr. HERNAMAN, Queen Street, Exeter, the
Official Assignee, whom the Commissioner has appointed, and give notice
to Mr. JOHN LUKE PETER, Solicitor, Redruth, or his Agent, Mr. JOHN
STOGDON, Solicitor, Exeter. December the thirty-first, one thousand
eight hundred and fifty-three.
SHIPWRECK - On Tuesday morning last, as the schooner "Heir of
Madryn," Captain JONES, master was lying in the outer pier or basin at
Charlestown, a gale of wind suddenly sprung up and it being impossible
to get the vessel in the inner basin, the sea running very high at the
time, she became a total wreck. We regret to say that the ship had not
been insured, and Captain Jones, who was the sole owner, will,
therefore, sustain a very serious loss. No blame is to be attributed
to the authorities of the port.
MELANCHOLY ACCIDENT - On Tuesday the 27th instant the schooner
"Rebecca Lang," of Padstow, in working out of that harbour, (with the
wind ahead) missed stays and went on shore on Gun Point, when WILLIAM
HAMBLY the master, and THOMAS SKINNER of Port Isaac, took to the boat,
which was soon knocked to pieces, and both the men were drowned. The
men that remained on board were saved. The vessel is much injured, but
it is hoped it will not become a wreck. The bodies of the two men, who
were drowned, have since been picked up.
GUN ACCIDENT - On Saturday last, a carpenter named Parsons, in the
employ of Messrs THOMAS MANN and Sons of Truro, was working at Bissick,
near Truro, and at dinner time went out with a gun to shoot blackbirds.
He afterwards returned to the carpenter's shop. The gun was loaded
and cocked, and he took it by the muzzle and was handing it to another
man on the other side of the carpenter's bench, when the breech of the
gun struck against the bench, the gun went off, and the entire charge
was lodged in Parsons's bowels, none of the shots going through his
body. He has since been under medical care, and is in a very
precarious state.
SUICIDE AT ST. AUSTELL - On Monday morning last, a man named JOHN
PROATT, a native of Penryn, committed suicide by hanging himself in the
workshop of Mr. MELLOW, shoemaker, with whom he worked as a journeyman.
The only thing that can be assigned as a reason for the rash act was a fear of poverty as his sight was becoming dim. His death must have
been very speedy, as he was found within twenty minutes after being
seen alive. Mr. J. PEARCE, surgeon, was in immediate attendance, but
all his efforts to produce resuscitation were without avail.
FATAL MINE ACCIDENT - On Wednesday last, as WILLIAM ROBERTS, of
Balnoon,[?] in the parish of Lelant, aged 19, was in the act of
crossing a board, at the 16-fathoms level, at Wheal Kitty Mine, in that
parish, the board not being properly secured, shifted, and the
unfortunate young man fell to the bottom of the shaft, a depth of
eighty-four fathoms, and was killed on the spot. An inquest was
afterwards held, and a verdict of "accidental death" returned.
CORONER'S INQUEST - An inquest on the body of PHILIPPA HOLMAN, was
commenced before Mr. HICHENS, in the parish of Crowan, on the 28th of
December last, and in consequence of the very suspicious appearances of
the wounds and injuries the deceased had received, was adjourned to
Monday the 2nd instant, for the purpose of a surgical post-mortem
examination and as well of collecting further evidence. On the 2nd the
inquiry was resumed, and resulted in the committal of the deceased's
husband, JAMES HOLMAN, to take his trial on a charge of murder, the
surgeons Mr. GURNEY and Mr. HUTCHINSON (both of Camborne) being decided
in their evidence, that the deceased came to her death by violence, and
that the fractures apparent on the left temple, and depression of the
brain were occasioned by severe and repeated blows inflicted with some
blunt instrument, such as the poll end of a hatchet. A hatchet was
afterwards found in a well on Holman's premises which he confessed he
had thrown therein, because it had blood on it, and he feared if it
were see he should be accused of the murder, though on the finding of
it, when shewn to him, he denied that it was his, or that he had any
knowledge of it. This and other suspicious circumstances connected
with the husband's conduct in the affair, and the absence of anything
like a cause for suspicion of any other person left no doubt in the
minds of the jury that he was the guilty person; seventeen out of
eighteen of the jury recorded their verdict of "wilful murder" the
other inclining to a more merciful verdict, "manslaughter," under a
suspicion that the parties might have quarrelled and that in a passion
he might have given her the fatal blows.
HELSTON CHRISTMAS BALL - This ball was held at the Assembly Room on
Thursday last, and was largely attended by the gentry of the town and
neighbourhood. Dancing was kept up through the night and until morning
had far advanced. The meeting is spoken of as having been the best
held for many years.
EARLY LAMB - Mr. RICHARD PHILLIPS of Lowhibbet, St. Sampsons had a
lamb born on the 25th ult.
LONGEVITY AT PORT ISAAC - Eight of the oldest inhabitants of this
place whose united aged amounted to 647 years, were on Christmas day
most bountifully regaled by Mr. MILES MARLEY, F.R.C.S., with the old
English fare roast beef, plum-pudding, and a pint of ale each.
13 JANUARY 1854, Friday
CORNWALL EPIPHANY SESSIONS - Thursday January 5. RICHARD WHITE, 49,
was charged with assaulting George MERIFIELD, a police constable, while
in the execution of his duty, at Penryn, on the 21st of November. Mr.
HOCKIN conducted the prosecution; Mr. BAMFIELD the defence. George
Merifield, the prosecutor, deposed that he was a police officer for the
borough of Frazyn [?], having previously been a policeman in London for
five years. On the evening of the 21st of November he was on duty, and
about a quarter past nine assisted his brother-constable in putting a
son of the defendant, called Daniel WHITE, into the lock-up, and the
next day the boy was taken before the magistrates and punished. About
half-past nine, the defendant came running down the street in a very
savage manner, and a lot of ruffians from the higher part of the town
were running with him. He came and demanded his son. Witness told him
his son was locked up for an offence. He insisted on having his son
out; and witness replied that he should not have him till he had been
before a magistrate. Defendant insisted that he would have his son
out, and was very violent and making a great disturbance; at that time
a great many people had collected; should say a few hundreds.
Defendant put himself in a fighting attitude before witness, who told
him if he did not go away he would be obliged to lock him up too; he
had no sooner said this than the defendant gave him a very violent blow
on the cheek-bone, that caused a great swelling for several days.
Witness was in his police dress. In his own defence he used his staff,
and with the assistance of his brother constable secured the defendant.
There was a parcel of ruffians standing round, and he was apprehensive
there would be an attempt to rescue the boy. John EVANS, also a police
constable at Penryn, and previously in the London police, gave evidence
confirmatory of the proceeding; adding that when the defendant struck
Merifield, Merifield and himself were set upon by two of the
defendant's sons, and several other persons. Merifield then used his
staff and kept the people back; and Merifield and himself dragged
defendant into the station; the defendant resisting as much as he was
able. Witness was himself struck in the back; he believed by White's
two sons. Constantine Frederick JOHNS, cabinet maker, of Penryn,
recollected seeing White's son being put into prison; and shortly after
that, saw defendant come down the street, walking fast, and three or
four persons following him; they were speaking loudly and angrily, and
when they got to the Town Hall, a mob collected and there was a great
noise. Witness Edward WILLIAMS, was almost positive that the defendant
struck the policeman; but there were a few people between witness and
the policeman at the time. There were a great many persons congregated
about there at the time; nearly a hundred as well as he could judge.
For the defence, Mr. Bamfield addressed the jury, and called the
following witness:- John MARTIN, tailor, stated the first words White
made use of were to ask the policemen what they had put his boy to
prison for. They made no reply. White said his boy had not left his
home a quarter of an hour, but if he had done anything amiss, if they
would let him out, he (White) would be answerable for him in the
morning. White next asked what was the reason they were always
following about his son, and said his boys could never go up the town
but they followed them.
Several other witnesses gave evidence:- Nicholas CLEMENS, Joseph POND,
a mason; Thomas NICHOLLS, mariner; Robert REANY, mariner, Richard
WHITE, the younger, sawyer, son of the defendant, Timothy White, also a
son of the defendant and a sawyer and Andrew VINE, an assistant with
Mr. McCULLOCH, draper. Clemens added, that when White replied to the
policeman - "no you can't put me in prison; I know the law better than
that" - one of the policemen said to the other - "D-n it lay hold of
him," and then they both laid hold of White and struck him over the
head several times and knocked him down on his knees.
After the completion of the evidence, in defence, Mr. Hockin replied;
The Chairman summed up; and the jury after some consultation in their
box, retired for further consideration of the evidence; and after
upwards of an hour's consultation, they returned a verdict of Not
Guilty, on all the counts of the indictment.
SECOND COURT - Thursday, January 5. James WOOLCOCK, 25, John
WOOLCOCK, 23, James MADDERN, 28, William TREMBATH, 25, Mathew THOMAS,
18, John BENNETTS, 20, all miners, were indicted for that they, on the
27th of November, in the parish of Buryan, did unlawfully assemble and
commit a great disturbance, to the terror of her Majesty's subjects; in
a second count they were charged with committing an aggravated assault
on Humphry WARREN, and with assaulting Samuel WARREN; and by another
count they were charged with a common assault. Mr. DARKE appeared for
the prosecution, and Mr. STOKES defended the prisoners. Mr. Darke
stated that on Sunday the 27th November, a large party of young men
from the parish of St. Just in Penwith went down to Sennen Cove, where
a wreck had taken place, and on returning they went into a public house
in the church-town of St. Buryan. This was about seven or eight in the
evening. They had been drinking some time, and it would appear from
expressions used by some of the men that there existed a sort of feud
between the St. Just and the Buryan men. They had no special spleen
against the individuals whom they assaulted, but it appeared they had a
desire to get up a row with the Buryan men, from a sort of indefinite
ill-feeling against the Buryan men in general. They set dogs at some
little children coming out of the Sunday school, and greatly frightened
them, and they beat and ill-treated Humphry and Samuel Warren.
The Chairman, in summing up, said the first count was not a riot, but
for unlawfully assembling to the terror of others, and on this count
the jury were to consider whether the conduct of the defendants was
such as to endanger the Queen's peace, and to cause alarm to the
inhabitants of the neighbourhood. The terror caused need not be
general; if they believed the assembling was such as might be
reasonably considered was calculated to terrify only one person, it was
sufficient to constitute an unlawful assembling. As to the second
count for aggravated assault, they would consider whether serious
bodily harm was done to the man at the time; it was not necessary that
the harm should be permanent. Or if they did not think serious bodily
harm was committed, they might find a common assault, if they
considered the evidence sufficient. Though neither of the prisoners
could be proved to have struck an actual blow, yet if they were acting
in concert, they were all guilty. He then read over the evidence, and
remarking thereon, said the jury might find all the prisoners guilty,
or acquit any one, or all of them. The jury returned from the court,
and in about ten minutes after, returned and found all the prisoners
guilty on each count in the indictment. On Thursday the prisoners were
placed at the bar to receive sentence, when the Chairman (Mr.
Lethbridge) addressed them on the wickedness of their conduct in
creating such a disturbance, especially on the Sabbath day. They had
set their dogs at little school children, and from a sort of parish
feud had attacked and inflicted bodily harm upon the two young men.
Their language and conduct had been alarming and disgraceful, and the
court would inflict upon them a severe sentence. He then ordered them
to be Imprisoned For Nine Calendar Months And Kept To Hard labour in
the house of Correction.
SENTENCES OF PRISONERS. - LOUISA BURT, stealing part of a loaf from
James STEPHENS, of St. Columb Major, Two Weeks' Hard Labour.
MARY HICKS, stealing barley, &c., from John WILLS, of South Petherwin,
Two Months' Hard Labour.
WILLIAM NINNIS, stealing apples from Mrs. P.P. ANDREW, St. Austell,
(second conviction). Three Months Hard Labour.
MARY ANN IVEY, stealing glasses, spoons, and jug, from Mr. UGLOW, of
the Holmbush Inn, St. Austell, Three Months' Hard Labour.
WILLIAM KNIGHT, stealing a coat from John EDEY, of St. Germans, Three
Months Hard Labour.
ELIZA FLOWERS, stealing trousers from George ROBERTSON, of Truro, Three
Months' Hard Labour.
JAMES WREN, a navvy, for stealing mutton, flour, and butter from
Richard JEFFREY, at Liskeard, (there being another indictment not
tried), Three Months' Hard Labour.
JAMES WALLACE, stealing a jacket from Nicholas ROED, of Redruth, Three
Months' Hard Labour.
THOMAS HENRY MARTIN, stealing clasp knives, bread and cheese, &c., from
Tristram BAWDEN, at Consols mines, Three Months' Hard Labour.
CHARLES WELCH, stealing at Budock, a watch from Peter CARLILE, of
Truro, Four Months' Hard Labour. The Chairman said drunkenness, which
was so prevalent in the county, daily leads to the commission of
outrages. In this case the prosecutor was insensible from drunkenness,
and whilst in that state was robbed by the prisoner.
JOHN PENALURICK, stealing a flannel shirt from Martin STEPHENS, at
South Caradon, Four Months' Hard Labour.
WILLIAM MAJOR, stealing fowls from Mr. J.S. BEDFORD, of Gulval, Six
Months' Hard Labour. The Chairman said the crime of fowl stealing was
greatly increasing in the county, and the court had determined if
possible to stop it, by passing severe sentences on all convicted
fowl-stealers.
THOMAS HORE, stealing stockings from George BRAY of Menheniot; also
another indictment (not tried) for stealing ducks from John SOBEY, of
Menheniot; also a former conviction proved. Six Months for the first
offence, and further Six Months' Hard Labour for the second offence.
FRANCIS BURNETT, stealing fowls from Mrs DINGLE, of St. Stephens by
Saltash, Six Months' Hard Labour.
JOHN MILLMAN, stealing timber from John JAGO at Calstock, Six Months'
Hard Labour.
THOMAS TREBILCOCK, breaking and entering the house of William PENROSE,
at Gwennap, and stealing money therefrom, Nine Months' Hard Labour.
WILLIAM TREGIDGA, stealing fowls from the Rev. R.W. BARNES, of Probus,
Twelve Months' Hard Labour. The Chairman said this was a very bad
case; the prisoner had evidently been carrying on fowl plunder for a
considerable time, and had made a perfect system of it.
WILLIAM BUCKINGHAM, HIRAM PEARCE, RICHARD HALVASO, and WILLIAM BENNEY,
found Guilty of stealing oats from Mr. Joseph THOMAS, of Truro. The
Chairman said the court were sorry to remark a man of Hiram Pearce's
appearance in his present situation. The plan, however, between him
and the other prisoners was evidently a preconcerted one, and he
believed the verdict against them all was a perfectly just one. To see
men who had hitherto maintained a respectable character in their own
town, [.........................] under such circumstances, was painful
[...........]. The sentence of the court was that they should be
imprisoned in the House Of Correction for Twelve Calendar Months and
kept to Hard Labour.
JOHN JACKMAN HARRIS, convicted on two indictments for pig stealing, and
on a second indictment, for stealing a horse from Francis [........] of
St. Cleer, Six Months' for each office, altogether Eighteen Months'
Hard Labour.
CATHERINE ANGOVE, convicted of stealing money from the person of
Philippa SMITHERAM [?], AT Redruth. In 1852 she was found guilty of a
similar offence. She was sentenced to FOUR YEARS' PENAL SERVITUDE in
such part of her majesty's dominions as her Majesty's Secretary of
State shall direct.
JOSIAH WILLIAMS for stealing from the shop of John GOLDSWORTHY, at
Redruth. There were two former convictions proved against the
prisoner. He was now sentenced to SIX YEARS' PENAL SERVITUDE.
WILLIAM RICKARD, for stealing a horse-cloth, &c., from Sampson BORLASE,
of Luxulyan, (second conviction), SIX YEARS' PENAL SERVITUDE.
ANN COLLINGS, stealing from the person of William HONEY, of St. Cleer,
(second conviction), SIX YEARS' PENAL SERVITUDE.
WILLIAM STACEY, 42, a labourer, had been committed for want of sureties
in a breach of the peace towards his wife, at Poundstock, on the 23rd
of November. The wife did not now appear. The Chairman told the
prisoner the court had a very bad account of him; but on his promising
to conduct himself in a proper manner towards his wife in future, he
was discharged.
JOHN DANIELL, 34, tin dresser, and HENRY DANIELL, 22, miner, had been
committed to await the decision of the Quarter Sessions, because they
failed to appear at the last sessions in October, to give evidence
against John MAGOR in a case of felony, they having entered into
recognizances so to appear and give evidence. One of the above parties
was prosecutor in the case, and the other a witness. They were now
asked by the Chairman how it was they did not appear? John Daniell
replied that he was obliged to stay at home by the captain he worked
under. A paper was then handed to the Chairman from which it appeared
that it was Capt. KERNICK who had been the means of their not
appearing. Henry Daniell said he had been advised by the same captain
not to come. John Daniell said they were both advised not to appear,
and they did not know anything of the law themselves. In consequence
everything of his had since been taken and sold, he having a wife and
three children. They were then told that the Court would now discharge
them. Discharged accordingly.
APPEALS - St Columb Major, Appellant, Mr. SHILSON; Mawgan in Pydar,
respondent, Mr. DARKE and Mr. G. COLLINS. This was an appeal against
the removal of William CREWS, Margaret his wife, and two children from
Mawgan to St. Columb Major. Shilson having opened the appeal, Mr.
Darke stated the case for respondents, and took an objection to the
grounds of appeal. The grounds were, that the relief granted to the
paupers, whereby they became chargeable to Mawgan, was made necessary
by the sickness of William Crews previous to granting the order of
removal from Mawgan to St. Columb Major; that the said sickness did not
then, nor has since, produced permanent disability in William Crews;
and that he, and his said wife and children were, at the time of
granting the warrant, and now are, exempt from liability to be removed
from the said parish of Mawgan, by the force of the statute in that
case made and provided. Mr. Darke said that the 9th and 10th Victoria,
c. 66, enacted that no warrant shall be granted for the removal of any
person becoming chargeable in respect of relief made necessary by
sickness or accident, unless the Justices shall state in the warrant
that the sickness or accident will produce permanent disability. In
the present instant, the magistrates in the warrant of removal had made
no reference to sickness or to the result of permanent disability, the
order being in the ordinary form. He did not deny that the relief was
made necessary by sickness, and of course, if the grounds of appeal had
been directed to the magistrates' omission in the order, it would have
been fatal thereto, on the authority of Queen v. Pryors Hardwicke, 17,
Law Journal, p. 177. But he contended that the grounds of appeal did
not direct attention to the omission by the Justices of the statement
on the order of removal, that the relief was rendered necessary by
sickness which would produce permanent disability. The issue raised by
the grounds of appeal was merely as to whether the sickness would
produce permanent disability, and on that point the respondents were
ready to give evidence. The question would then arise, what was to be
regarded as "permanent disability." He considered that it was the
character more than the extent of the illness that should be the test
in such a case. It was not that a man should be so disabled as not to
be able to do a day's work, but that the character of the illness which
obtained for him the first relief should not be temporary, but
permanent. He should show that this man applied for relief in March
last, and obtained it, and the surgeon would state that his disease was
chronic bronchitis, which would continue, and from time to time render
him incapable of going out of doors and attending to out of door work,
and would necessitate him applying for relief for his family. Mr.
Darke submitted that under the present grounds of appeal, the badness
of the order could not be considered; it was to be treated as a good
order, and the only question for inquiry was as to the "permanent
disability" of the pauper, which question, he submitted, the court were
perfectly competent to enter into. He also made some observations on
the necessity of the grounds of appeal, by the 11th and 12th Victoria,
being insufficient to enable the party receiving the same, "to enter
into the subject of such statement and to prepare for trial." Mr.
Shilson, in reply, contended that this court had no power to try the
question of permanent disability, that being a subject for the
magistrates who made the warrant; and if so, respondents could not have
been misled, but must have known, that the grounds of appeal referred
to the omission by the justices on the face of the order. But on this
point, Mr. Darke cited the case of Pryors Hardwicke, and the court
concurred that they had the power to enter into the question of
permanent disability. Mr. Shilson then submitted that the words in the
ground of appeal is to be construed according to the common sense
meaning of the words, and looking at it in that view, the respondents
must have know the point to which objections was to be taken. Mr.
Darke still contended that the issue raised by the grounds of appeal
was not whether the order was good or bad on the face of it, but
whether the sickness was permanent or not. The court decided that the
grounds of appeal did not call the attention of the respondents to the
omission on the face of the order of the statement that chargeablity
was occasioned by permanent disability. Mr. Shilson then applied to
have the order amended by the officer of the court, under the
provisions of a recent statute. Mr. SAWLE said the question was,
whether this was a mere technical objection, or whether the attention
of respondents had not been called to a different state of facts from
what was intended. After a few words from Mr. Darke, the court
declined to amend the order, which was then confirmed, with common
costs; maintenance GBP2. 17.
JAMES STICK, jun., appellant; Mr. Shilson and Mr. Stokes; MARY ANN
TRUSCOTT, respondent; Mr. Darke, An appeal against an order in
bastardy, made at the Camborne Petty Sessions on the 6th of December,
by the Rev. T. PASCOE and the Rev. U. TONKIN. The respondent had an
illegitimate child in 1851 shortly before she left Mr. Stick's service;
but as to that child there was no imputation on the appellant. She was
again employed as a servant in appellant's house, at Tregonhay, in
Roche, in 1852, and her second child was born at the St. Austell
Union-house in June 1853, three or four months after she left
Tregonhay. Respondent swore that the appellant first had intercourse
with her in September 1852, during his wife's absence for change of air
after confinement, and on a Sunday night after preaching (he being a
local preacher), but evidence in disproof of this was given by the
appellant's wife, his father-in-law, and himself, who stated that he
and his wife slept at his father-in-law's that very night. Evidence in
support of respondent's case was given by her brother-in-law, John
WILLS, of Tregonissey, in the parish of St. Austell. On the other hand
a young man swore that he had intercourse with respondent down to the
latter part of September 1852. Several other witnesses were also
called to shake the testimony of respondent and her brother-in-law, and
the appellant himself solemnly denied that he ever had intercourse with
the woman. But after the magistrates had retired, and considered the
evidence for a considerable time, the Chairman gave the judgment of the
Court in confirmation of the order, with common costs. The case
occupied several hours on Thursday and the whole of Friday.
JOHN SLOGGET, appellant; CAROLINE OATS, respondent. Mr. Stokes for
appellant, moved to quash the order. The notices of appeal and
recognizance having been proved, and respondent not appearing, the
order was quashed.
PENZANCE QUARTER SESSIONS - JOHN WALLIS, 45 years of age, was then
charged with stealing a horse brush, a spoke brush, and chamois leather
skin, the property of Benjamin WALES and Co., coach builders, the
prisoner being a servant in their employ. He pleaded guilty, and was
sentenced to eight months' hard labour.
RICHARD ANGWIN, 31, was charged with having, on the 15th of November,
obtained under false pretences from Mrs. MATTHEWS, of the Temperance
Hotel, the sum of 3s. 9d. Evidence having been given, the prisoner was
found guilty, and sentenced to three months' hard labour.
ST AUSTELL PETTY SESSIONS - These sessions were held in the Town Hall
on Tuesday last, when the following cases were disposed of. A waggoner
of St. Stephens, named James STEPHENS, was fined GBP1 and costs for
obstructing the highway.
Edward PHILLIPS, of the same parish, was fined 10s. and costs for
allowing a boy, under eight years of age, to have the care of a horse
and cart.
Henry WILLIAMS of the parish of Creed, was fined 5s. and costs, for
allowing the care of a wagon with a boy under thirteen years of age; he
was also fined 5s. and costs for leaving his wagon, without his name.
A navvy, named Edward SMITH, was charged with being drunk and
disorderly in the streets, and was fined 5s. and costs.
A man and woman of Mevagissey were charged with cutting fern on the
grounds of Heligan, and were fined 6d. and costs.
Mr. Richard WILLIAMS, butcher, was summoned on the charge of selling
game without having his game licence signed by the magistrates, and was
fined GBP2 and costs.
FATAL ACCIDENT - On Monday last, as Alexander RUNNALLS, of Penryn,
was driving down Sladdern Hill, in Breage, the horse set off and the
cart was upset. The unfortunate man was thrown out, and a box of
oranges that was in the cart was thrown across his bowels. Surgical
attendance was called in, but the poor fellow died on Tuesday night.
He left a wife and child to mourn their loss.
20 JANUARY 1854, Friday
RELIEF OF THE POOR - The committee of the relief fund appointed at
Penzance in 1847, met on Friday last, Mr. T.S. BOLITHO, presiding, when
after some conversation relating to the high price of provisions and
the distress existing in the town, it was resolved that the balance in
hand of GBP69. 11s. 2d., should be disposed of to the most necessitous
poor, and a committee was appointed for that purpose.
THE CUSTOMS - Mr. Edmund RANDALL of Truro, has been appointed principal
coast officer and tide surveyor for Malpas and the Truro river.
ST IVES - The "Why Not," of Dartmouth, sailed this week for Civita
Vecchio, with the last cargo of pilchards for this season.
THE UNIVERSITY - Mr. Thomas Borlase COULSON, of Penzance, is amongst
the list of those approved for mathematical honors at Trinity College,
Cambridge, at the B.A. examination of 1854.
ACCIDENT BY MACHINERY - On Wednesday the 11th instant, Mr. James TYACKE
of Bonallack, in the parish of Constantine, met with a severe accident
by his clothes becoming entangled in the wheels of a horse power
chaffing machine, which drew his arm in between the cogs and lacerated
it very severely, but we are happy to say without fracturing the bones.
He received at the same time a lacerated wound of the neck, which
partially divided a muscle. His medical attendants consider his case
is progressing favourably.
SERIOUS GUN ACCIDENT - On Saturday last, an accident which was well
nigh attended with immediately fatal consequences, occurred to a man
named Thomas WILLIAMS, of Newlyn East, who took up a gun merely for the
purpose, as we understand, of firing off its contents; but, before he
was prepared, the gun, which he carried with its muzzle upwards, went
off, and the load, striking the right cheek, completely shattered the
side of his face. One eye, too, is completely lost, and although he is
not yet considered out of danger, he is not yet, considered out of
danger, he is nevertheless going on as favourably as under the
circumstances could be reasonably expected.
A GIRL SHOT - On Friday evening last, a lad named John ROSEWARNE,
meeting a little girl with a piece of an apple, at Praze, in Crown,
demanded it of her, and on her refusing to give it to him, he levelled
a gun which he was carrying, and threatened to shoot her. On her again
refusing, he snapped the gun, which it appears was loaded, and the
charge passed through the neck and lower jaw of the little girl,
inflicting a severe wound, but from which she is likely to recover.
Rosewarne has since been committed by the Rev. Molesworth St. AUBYN to
take his trial at the assizes for feloniously wounding.
CASE OF STABBING AT REDRUTH - On Saturday last, Joseph KEMPE was
fully committed by Mr. MAGOR, for having stabbed Joshua MENHENIOT,
about twelve o'clock the night before. It appeared from the evidence
that Menheniot, in company with James ROGERS and Henry MARTIN, left
Redruth about midnight on Friday, and had got about half a mile on the
Stithians road, on their way home, when they were overtaken by Kempe.
It was bright moonlight. On seeing Kempe, Rogers asked him for five
shillings which he said he had lent him, and which Kempe refused to
pay. All the parties appeared to have been drinking, and a very angry
conversation appears to have taken place between Kempe and Rogers.
Menheniot, who was pronounced by his medical attendant to be in
imminent peril of his life, was examined in bed. It appears that on
hearing Kempe refuse to pay Rogers, Menheniot stepped towards him and
said, "If you don't pay him you are no fair man;" whereupon Kempe
struck him in the belly, just below the navel on the right side, with a
knife which all three of the men saw in his hand. Menheniot
immediately exclaimed that his bowels were coming out; and on his two
companions going forward to him, Kempe made a thrust at Rogers and
seriously cut him in the arm near the wrist and another thrust at
Martin, whom he slightly wounded in the heel of his right hand.
Menheniot kept his hands to retain the bowels as well as he could, and
walked back into the town to Mr. HARRIS's the surgeon, who stated that,
on examining him, he found the intestines protruding to about the size
of an orange, through just such a wound as the clasp knife now produced
would have made; that he enlarged the wound and replaced the bowels;
and then, having sewed up the opening, had the man carefully removed
to the Oxford Inn, where he now lies. Kempe appears to have come back
after the party to Redruth, and passed the surgeon's house while
Menheniot was standing at the door, who, pointing to him, said "that is
the man who opened my bowels." A by stander said to Kempe, "you have
just killed him," to which, without appearing drunk or angry, he only
replied, "I don't care," and then passed on towards his home, in
Illogan, in an opposite direction to that in which the assault was
committed. Policeman HODGE being sent after him, overtook and
apprehended him on the charge of stabbing. He asked Hodge if they had
attempted to rob him, whether he would not have done the same. Hodge
advised him not to say anything to criminate himself, and proceeded to
search him; he found on him GBP12 and a knife, which was bloody, and of
which the prisoner said, "that is the knife I done it with, and if he
is not dead I hope he will die." He said he had been ill-used very
much; but there was not anything in the look of his clothes to confirm
his statement. The parties were all bound over to prosecute, and the
prisoner was removed to Bodmin; Mr. Magor declining to take bail for
his appearance. Mr. DOWNING watched the case as attorney for the
prisoner.
SCILLY INSTITUTE - The Rev. R.J. FRENCH, of Trescow, delivered an
instructive and excellent lecture on "Geology" on Wednesday evening the
11th instant, with illustrative diagrams. In conveying a vote of
thanks to the lecturer, Mr. Augustus SMITH spoke of the uses of a
knowledge of geology, and the bearing of theoretical science on
practical utility, as illustrated in the working of mines, &c.
PENZANCE SCHOOL OF ART - This institution appears to be working well.
Two of the students, J. PERROW and W.E. HOOPER, have obtained prizes
for exhibiting at Gore House drawings in competition with the
productions of students from other Schools of Art.
ST COLUMB COUNTY COURT - The cases for trial at this court on Friday
last, were not numerous, but the following excited some interest:-
WILLIAMS v. TOM - The plaintiff was a mason residing at Mawgan; the
defendant a gentleman who recently returned from abroad, and purchased
the estate of Trevone, near Padstow, on which he had built a residence.
The plaintiff had been employed to execute the mason's work, and now
claimed a balance as due to him for work alleged to have been done for
the defendant in the erection of his house. Mr. H. WHITFORD appeared
for the plaintiff; and Mr. J.C. WHITEFIELD for the defendant. The
action was for GBP32. 13s. 9d., claimed as the balance due to the
plaintiff, after giving credit for GBP30, for work and labour as a
mason in walling and building, and other works executed for the
defendant in the erection of his dwelling-house. The defence was that
the work had been so unskilfully performed, and badly executed, as to
disentitle the plaintiff to be paid for what he had done, although he
had already been paid GBP30 on account, and that the work had been
undertaken to be finished at a particular time, and in a manner
described in a contract and specification, which the plaintiff had
altogether disregarded. There was also a plea of tender of GBP8. 15s.
1d.; and payment into court of GBP2. 4s. 11d. These were the issues
raised, and now to be determined.
The plaintiff was called as a witness, and after giving general
evidence of the work done, and its value, his attorney adopted the
course of examining him, and giving negative evidence to contradict the
defendant's set off. The set off amounted to GBP25, several of the
items of which were for sums paid to tradesmen, for (as alleged by the
defendant) setting the work right, and making amendments occasioned by
the plaintiff's manner of performing what he had been employed to do.
In the course of examination it appeared the specification and plan of
the building had been prepared by an architect previous to the
commencement of the work, under which the masons' and all the other
works of the building were to be performed; but the plaintiff deposed
that these had been subsequently varied, and so departed from, as to
render any agreement under them totally at an end; and the plaintiff,
therefore, now claimed to be paid for his work and labour, without
reference to any contract or agreement, and as if none had been entered
into.
On cross-examination the plaintiff admitted that before entering upon
the work a contract had been prepared by the late Mr. BARRY, of Mawgan,
the architect who had prepared the plans by which Mr. Tom's house was
to be built, and that such contract was in writing and was signed by
him and the defendant. Notice to produce it had been given; it was now
called for a produced by the plaintiff, but turned out to be without
stamp, whereupon Mr. Whitefield, for the defendant, objected to its
being read or referred to, and contended it was inadmissible in
evidence, and that the plaintiff must therefore be nonsuited as by the
course taken, he was completely out of court. It was strenuously
argued that the plaintiff in bringing this action for work and labour
only, giving the go-by to the contract which pointed to the specific
manner in which the work should be done, had misconceived his remedy,
if any grievance really existed; and that the action should have been a
special one on the contract, and not in the present form for work and
labour. "Phillips on Evidence," and many other authorities were cited
in support of the proposition contended for by the defendant's
advocate, and it was pressed on the court that there was no alternative
but to nonsuit the plaintiff upon the objections raised, in accordance
with the unquestionable practice in the superior courts which had
clearly established that if it appears in the course of the plaintiff's
case that there is an agreement or other instrument in writing which
ought to be and is not produced, the plaintiff will be nonsuited, and
it is no answer if the instrument required a stamp and has not got one,
parole evidence it was contended being in such cases inadmissible and
totally excluded. In answer to this Mr. Whitford urged that the
contract had been wholly done away with and rendered nugatory by the
subsequent variations, and submitted that it was no part of the present
case to take it into consideration.
Mr. Whitefield replied - it was impossible to ascertain whether the
contract had been carried or not without looking to the terms of it,
and until the previous proposition had been established by putting in
evidence the written agreement, parole testimony of what had
subsequently taken place must be totally excluded, nor could even the
court itself look at the document in its present unstamped shape; for
every present purpose it was to the plaintiff a mere nudam pactum, and
could not be referred to. He also stated that the defendant had an
ample defence to the plaintiff's case on the merits. His Honour held
the arguments of the defendant's advocate to be correct, and that they
must prevail, the plaintiff was accordingly nonsuited. Mr. Whitford
then applied to have the case postponed, that the agreement might be
stamped. Mr. Whitefield submitted that the court had no jurisdiction
to postpone a case for such a purpose, with which his Honor concurred.
The defendant's costs of witnesses and advocate were then applied for,
and ordered to be paid by the plaintiff.
JAMES v. STRONGMAN - This was an action for GBP7. 10s., the price of
a horse sold to the defendant at Summercourt fair, so long as eleven
years since. The evidence was very contradictory, nothing could be
more so, the plaintiff and defendant swearing in directly opposite
terms. Payment was sworn to by the defendant and persisted in, and
denied by the plaintiff with equal positiveness, and a payment was
sworn to as having been made just within six years to save the debt
from the statute of limitations. Mr. Whitefield for the defendant
urged many inconsistencies in the plaintiff's case, calling the
attention of the court to the improbability of the plaintiff, who was a
poor man, allowing such a debt to remain so long unpaid. Ultimately
the plaintiff was nonsuited, but no costs were allowed on either side.
CORONERS' INQUESTS - The following inquest has been held before Mr.
John CARLYON, county coroner:- On Saturday last, at Rejerrow, in the
parish of Perranzabuloe, on the body of Grace MITCHELL, aged nine
years, who was drowned on Thursday last, in a stream of water which
divides the two parishes of Cubert and Perranzabuloe. It appears that
her father and one of her sisters worked at Cubert United Mines, and
she was sent there on Thursday with their dinners. In going there she
had to cross the stream over a temporary wooden bridge, on the other
side of which there is a gate which opens nearly in on the bridge; and
it is supposed that in opening it she stepped back and fell into the
stream, which was very much swollen by the late rains. The body was
found washed up against the hedge about 500 yards below the bridge.
Verdict "found drowned."
The following inquests have been held before Mr. HICHENS, county
coroner:- On the 3rd inst., at Menhay, in the parish of Wendron, on the
body of Caroline JAMES, aged between two and three years. The mother
of the deceased went from home on Friday the 30th of December, leaving
the deceased and another younger child in charge of an elder daughter,
the father also being at home. About four o'clock in the afternoon,
the daughter in charge of the children went to a well on the premises,
only a few yards distant from the house, for some water, and in about a
minute or two after, the father, who was in front of the house, first
hearing the child cry out, in a moment after saw her make her
appearance before the door with her clothes on fire. He ran to her at
once and succeeded in pulling off all that remained of her clothes, but
she was so much burnt about her stomach and body that she died on the
following Monday. Verdict, "accidentally burn."
On the 9th instant, at Marazion, on the body of William THOMAS, aged 55
years. The deceased and his wife had for some time disagreed, which
had caused his wife to leave him, and the deceased had for some weeks
been living with only a grand-child, a very little boy, in the house
with him and in the presence of the child only, on Saturday last, as
the deceased sat on a stool before the fire, he fell backwards to the
floor and died. The surgeon who was called to him, Mr. CONGDON, was
unable to account for the deceased's death by an external appearances,
and it being thought necessary under the circumstances that the cause
should be ascertained, a post mortem examination was made for the
purpose, and the death found to have proceeded from a disease of the
heart. Verdict, "natural death."
At Gulval on the 13th instant, on a female infant found dead in a pile
of dung in that parish. It appears on the inquiry that the dung was
night soil brought there in the night of the 11th from Penzance, and
that the party who discovered the body was employed in making a heap of
the dung, when he struck a tubble with which he was working into the
skull and thus pulled the body out. He then called the attention of
his fellow workmen to it, and they at once discovered what it was, and
after washing it took it to the constable of the parish. Mr. Arthur
BERRIMAN, of Penzance, (the surgeon called upon to make a post mortem
examination) stated that it was barely a seven months' child, and that
he believed it was still born; but whether it was so or otherwise, it
was impossible to say from the great decomposition of the body, it
being born as he supposed seven or eight days. There were no marks of
violence except the injury to the skull inflicted by the tubble.
Verdict, "found dead and no proof of having lived."
On Monday last, at St. Ives, on the body of another female infant found
dead in the borough on the preceding day. This child was found
unconcealed about twelve feet from the road side, in the way from St.
Ives to Towednack, and had all the appearance of having been born where
found. Mr. YONGE, of St. Ives who made a post mortem examination,
declared that there were no external marks of violence, and that there
was not the least inflation of the lungs; he therefore without
hesitation gave it as his decided opinion that the child was
still-born, and the jury returned a verdict accordingly.
EXETER DISTRICT COUNTY COURT - Tuesday, January 17. (Before J.
TYRRELL, Esq., Judge.) Re. William Arundell Harris ARUNDELL, late of
Lifton Cottage, Lifton, previously of Ostend, Belgium; previously of
Trebursye, South Petherwin, Launceston; and formerly of Lifton Park,
Lifton. The debts were set down in the schedule at GBP25,326. 18s.
1d., and the credits nil. Mr. SARGOOD, barrister, of London, appeared
for the detaining Creditor, Mr. FORD, whose son was in attendance. The
Insolvent was supported by Mr. Geo W. TURNER, solicitor of Exeter. The
balance sheet commences in December 1851, with a capital consisting of
lands, houses, goods, &c., to the amount of GBP215,000; the amount of
debts contracted since that time, for which he has received
consideration, are GBP24,281 18s. 1d.; rents of property from December
1841 to December 1848, GBP18,859 18s. 3d.; received of railways GBP523;
since the period above mentioned he purchased Trebursye Estate for
GBP14,000, watch, ring dressing case, desk, plate, and other articles
sold at Ostend, GBP90; watch GBP3; presents from friends GBP165;
received from Mr. Arundell on his arrest GBP5; making a total of
GBP272,917 16s. 4d. On the credit side are:- Household expenses for
seven years, from 1841 to 1848, at GBP5,500 a year including servants
and all expenses, GBP38,500; expenses at Ostend for five years; from
1848 to 1853, GBP258; specific mortgages on property at the
commencement of this account, (in 1841), GBP92,500; other debts owing
on judgment and various accounts GBP8,000; interest of money on various
mortgages, from 1841 to 1848, GBP29,690; interest of other moneys,
discount, and law costs, GBP21,490; brokerage expenses, GBP2,385;
difference in price of stock on repayment of stock trust money GBP2,761
17s.; laid out in improving and building on lands &c., GBP40,000;
property realised by trustees under deed of assignment, GBP6,582;
property at Penfoot, GBP706; paid for Trebursye, as per other side,
GBP14,000; property mentioned in schedule, GBP14,000; money in
possession when taken into custody, GBP5; excepted articles, GBP15. 3s.
6d.; difference between valuation and cost price, GBP14. 16s. 6d.;
deficiency, GBP9. 0s. 3d.; making a total of GBP272,917. 16s. 4d.
Mr. Arundell, in his examination by Mr. Sargood, stated that in 1842 he
was possessed of the Lifton Park estate, upon which there were four
mortgages, viz., GBP50,000 to the Earl of Eldon; GBP50,000 to Messrs.
Christie; GBP34,000 to Mr. Williams, and GBP10,000 to Mr. Weguelin.
Being desirous of getting relieved from the large amount of interest
and law costs which were continually accruing, he entered into a
contract at the close of 1845 or the beginning of 1846 for the sale of
the property; but the purchase was not completed till April 1848, when
it was bought by the trustees of his son-in-law (Mr. BLAGROVE), for
GBP204,000, and he subsequently received GBP6,600 more on the same
account. Out of the proceeds of that sale he had hoped to have paid
off the whole of the mortgagees, including one of GBP14,000 on
Trebursye estate; and to have had a handsome surplus coming to himself.
After satisfying the mortgages on the Lifton estate, however, there
was only a balance of GBP42,000, which was handed over to Mr.
COTTERILL, a solicitor in London, who had managed the property since
1842 and by whom it was spent in paying off judgment and other debts.
Trebursye estate was mortgaged in 1842 to Mr. Young and others, for
GBP14,000, a joint deed being given for the sale of additional
securities on the Lifton Park property. When it was found on the sale
of the latter that the mortgage could not be satisfied, Mr. Young was
induced to continue the mortgage on Trebursye alone. Among the debts
settled out of the proceeds of the Lifton sale was one of GBP4,143,
owing to Mr. Ford, the present detaining creditor, the greater part of
which was made up of interest and law costs, that gentleman having in
reality only advanced about GBP1,800. In the same year, about the
month of June, Mr. Arundell applied to him for the loan of another
GBP1,000, for three months. Mr. Ford advanced him GBP987, which with
an over-due bill of GBP125 was increased on the interest (at the rate
of about forty per cent.) and law costs, till at the expiration of
about three months the amount really owing was GBP1,336. At that time
a suit was pending in Chancery from which Mr. Arundell expected to
derive a large sum of money; and as it was not likely that it would be
settled by the time the GBP1,000 bill became due in September, he
induced Mr. Ford to renew it for another three months, on the same
terms. Prior to the expiration of that period, Mr. Arundell made an
assignment of all his property to certain trustees, by whom it has been
managed ever since. Mr. Ford was thus deprived of the money which he
had advanced, and this was one of the grounds upon which Mr. Sargood
rested his opposition. Mr. Arundell now stated that to the best of his
belief he brought Mr. Ford acquainted with his intention to make the
assignment before he executed the deed, which was done on the 28th of
December. At all events it was his desire to do so, because he
conceived at the time that Mr. Ford would have been able to have
rendered great assistance to the trustees as he was perfectly
acquainted with the whole of his affairs. Mr. Sargood said that after
the very satisfactory explanation which had been given by Mr. Arundell
he should withdraw the opposition. Mr. Stogdon on the part of Mr.
Gendall, also retired from his opposition. His Honor, after expressing
his concurrence with Mr. Sargood as to the satisfactory statement which
had been made by Mr. Arundell, said it gave him great pleasure to
declare that gentleman entitled to the benefit of the act, and he
therefore ordered him to be discharged forthwith. Mr. Arundell was
discharged from custody. After discussion, Mr. Gendall, of Exeter, was
appointed Assignee.
27 JANUARY 1854, Friday
THE NEW COAST-GUARD - On Thursday the 19th instant, Captain
SHERINGHAM, of the Royal Navy, assembled the fishermen and pilots on
St. Maws Quay, and addressed them on the advantages and necessity of
their joining the new coast-guard force, lately proposed by government,
to raise ten thousand men, to be drilled in gunnery duty for
twenty-eight days in the year. He was accompanied by Mr. BARRETT,
R.N., the officer of the coast-guard at St. Mawes. He entreated them
to consider the urgency which government would be placed under, of
making extraordinary efforts to protect our shores during the impending
contest. He made a forcible appeal to their loyalty and patriotism;
pointing out the duties they owed to their native country, and to their
homes and fire-sides. He alluded to the envy which existed in most of
the Continental nations at our pre-eminent liberties and our majestic
power, and dwelt on the vicissitudes all nations experience in the
course of their histories; and that determined and gigantic efforts
would, at no distant period, be made, to diminish our power and obscure
our glory; and that sailing vessels had now given way to steam, and our
sovereignty of the ocean might not be so firm and unquestionable as it
had hitherto been. He described the horrors inevitable on a successful
attempt of the enemy on our shores, and besought them with much force,
as men, and as Britons to stand forward in defence of their country.
His address was throughout manly, patriotic, candid, and energetic, and
seemed to rivet the attention of his hearers, and to impress their
minds. At its conclusion, Mr. BOYNE proposed that the crowd assembled
should testify their approval and their thanks for his interesting
speech, in the form of "three hearty cheers for the lasting glory of
Old England," which was lustily responded to, and the gallant officer
retired, carrying with him the respectful feelings of all who were
congregated. We believe some of the young men of the place are
inclined to join this newly-formed corps. We understand that Captain
Sheringham is the appointed Commander of the Western Division of the
Coast Blockade, and that he has been also addressing seafaring men at
other ports, stating the object of the government, and saying that as
there was no doubt that this country was on the eve of a severe
conflict, it was the duty of every man to defend his own home against
the intrusion of a foreigner. The government thought correctly that
fishermen, boatmen, lightermen, and those employed in the coast trade
were the most suitable persons to be engaged in this defence. He said
at Plymouth, it was not to be expected that half-a-dozen men-of-war
would be lying in Plymouth Sound, when their services were required,
perhaps, in the Black Sea. He was pleased to know that, through the
active exertions of Capt. KENNEDY, fifty suitable men had already
volunteered there. The entire number of 10,000 would be required, and
of these the western district, which extended from Gosport to
Weston-super-Mare, would have to furnish 2,000. The age for volunteers
was from eighteen to thirty-five, but healthy men from forty to
forty-five would not be rejected. They were paid 10s. each on
entering, obtained a protection from service in the navy, and received
1s. 7d. per day while on drill. When on board ship they got their
provisions. Every twenty-fifth man became a petty officer. The Naval
Hospital received all who were sick while on service. At the end of
the drill every one got a guinea, and went where he liked within the
division or within hail of it, and volunteers were not to be taken more
than one hundred leagues from the coast. On Friday Capt. Sheringham
addressed the fishermen at Newlyn and Mousehole on the subject of their
joining the new naval volunteers for the defence of the coast.
SEASONABLE BENEVOLENCE - Mr. John OATES, of Roseinvale, has again
presented to the Rev. John PERRY and Mr. COWLIN, the sum of GBP20, to
be distributed in clothing and other necessaries among the poor of
Perranzabuloe; and a similar amount to Mrs. NEWTON, Castle House, and
Mr. John ROWE, for St. Agnes; besides about one hundred bushels of
coals by tickets delivered from the house at Roseinvale, to the poor
widows of the neighbourhood. The present high prices of the common
necessaries of life, render this act of benevolence at this time most
especially desirable and acceptable.
ORNITHOLOGY - An excellent specimen of that very rare and beautiful
bird, the "Great Bustard," (Otis Tardio of Pennant, and other
naturalists,) was lately shot near St. Austell, and forwarded to Mr. P.
CHAPMAN, of Falmouth, for the purpose of being preserved, which has
been accordingly done, and is a most excellent specimen of this now
nearly extinct bird, which at an earlier period was so plentiful in
this and the adjoining kingdoms, and was always the first named in the
list of birds which were considered game. Yarrell, in his celebrated
and well known work on British Birds, states respecting the Great
Bustard as follows:- "Early in February, 1843, E.H. RODD, Esq., of
Penzance, sent me word that a female of the Great Bustard had been shot
only a few days before in an open plain between Helston and the Lizard
Point. The bird had been observed for some days in a field of turnips
close by. This is considered to be the first capture of the "Great
Bustard" in Cornwall, and the last recorded instance of its being
killed in England." The specimen just preserved by Mr. CHAPMAN is
also a female bird, and measured three feet from the end of the beak to
the tail. The male bird is stated to be usually forty-five inches in
length. Two were sold in Covent Garden market in 1818, for the purpose
of preservation, and twelve guineas were paid for them. They both
appeared to have been trapped and caught by the legs.
EARLY LAMB - At the copper ore ticketing on Thursday the 26th
instant, held at the Hotel, Redruth, Mr. Charles E. ANDREW, with his
accustomed anxiety for, and determination to contribute to the comfort
of his guests, placed upon the dinner table some exceedingly fine Lamb
of the present season, which was bred in the parish of Gluvias, and
weight over 8 lbs. per quarter.
THE MEDICAL PROFESSION - At the Christmas examination of the Medical
Students of St. Thomas's Hospital, London, in anatomy and chemistry,
the name of Mr. John PENBERTHY, jun., of Redruth, appeared in the list
at the head of the first class, of the first year's students. The
three or four gentlemen below him, received their education at college,
and one of them had taken the degree of A.B., from Oxford University.
There was also a second, and a third class, in which the names of the
medical students appeared.
QUEEN'S SCHOLARSHIPS - An examination for Queen's scholarships took
place at St. Mark's College, Chelsea, on the 21st of December last.
There were twenty-seven candidates, fourteen of whom succeeded in
obtaining scholarships, viz.: four in the first-class, and ten in the
second. John NINESS and Edward RAPSON, two apprentices from the
national school, Penryn, were amongst the successful competitors; the
former obtaining a first class, and the latter a second class
scholarship.
PLYMOUTH MERCANTILE MARINE BOARD - The following obtained
certificates of competency at the examination, on Wednesday the 18th
instant. For Masters - William WILLIAMS, St. Ives, and Stephen ELLIS,
Scilly.
PENZANCE LITERARY INSTITUTION - An excellent lecture was delivered by
Mr. J. FLAMANK on Friday evening last, on "Proverbial Sayings," being
his second lecture on the subject.
ABSCONDING WITH MONEY - A young man named WOODFIELD, of Wiltshire, a
miller, absconded on Friday last from Sithney Green, near Helston, with
GBP14, the property of his master, Mr. Richard RUSSELL, corn factor, of
that place. It appears that on Friday he was sent to Mrs. PHILLIPS's,
shopkeeper, of Leedstown, with a load of flour, and had GBP14 sent back
by him for Mr. Russell. He was asked on his return, if he had the
money, but he stated that Mrs. Phillips was not at home when he called,
and the money would be paid on the following Monday. On his being
absent next morning, inquiry was made of Mrs. Phillips, and it was then
found he had been paid the money. Before leaving on the Friday evening
he bought a new suit of clothes of Mr. B. THOMAS, tailor, of Helston,
and an oil-case hat. Search is being made for him, but we have not
heard of his being yet taken.
DESERTING A SHIP - At Fowey, on Saturday last, James WILLIAMS was
committed for six weeks to the county gaol at Bodmin with hard labour,
for deserting the barque "Good Intent," at Quebec, in November last.
OBTAINING GOODS UNDER FALSE PRETENCES - On Monday last, Mary Ann
EASTLAKE, of Kea, was committed for trial by the Truro magistrates for
obtaining, under false pretences, at the shop of John SINCOCK, St.
Austell Street, Truro, 17 1/2 lbs. of flour and two loaves of bread,
the pretence being that Mr. CAVILL, of the Union Hotel, had sent her
for the articles. She was also committed on a charge of obtaining from
Mrs. GREENWOOD, shopkeeper, in Lemon Street, a quantity of groceries,
under pretence that Mrs. Henry ANDREW had sent her, and that she was
Mrs. Andrew's servant. Another charge against her was for obtaining,
on the 14th instant, a quantity of groceries from Mrs. WHITFORD,
shopkeeper of Duke Street, Truro, under the pretence that Mrs. KNUCKEY
had sent her; and there were several other charges against her which
were not entered into. Police constable WARD found some of the
articles obtained by her at her father's house in Kea.
TRURO POLICE - On Monday last, Alfred William WILLS, tailor, was
committed for trial for violently assaulting and attempting to rob
Joseph ROBERTS, a miner of St. Allen, about a quarter before two
o'clock on Sunday morning last, in Kenwyn Street; and Frederick
YOULTON, a carpenter working on the Cornwall Railway, was fined 5s. and
costs for violently assaulting Eliza Jane KELLOW, in Bosvigo Lane, on
Friday night.
HOUSEBREAKING - On Wednesday evening the 18th inst., the dwelling
house of Capt. Peter WELLINGTON, situate near Buryan Church-town, was
broken into, and the sum of GBP29. 102. was stolen from a chest of
drawers. It is supposed that the thieves were no strangers to the
premises. At Fowey, on Sunday night last, the house of Mrs. Mary HAM,
whilst herself, niece, and servant girl were at church, having left the
door with a latch key only, was entered, and drawers ransacked in
search of cash. The thieves got clear off, their booty being taken
from the drawer of a bureau containing notes of the late Mevagissey
bank, and others which were of equal value. No clue as yet is obtained
to the discovery of the robbers.
SHEEP STEALING AND ROBBERIES - On the morning of Sunday the 15th
instant, Mr. John TREVEAL, of Carne, in the parish of Luxulyan, missed
from his field two sheep, and on looking for them discovered the skins
and entrails in a brake, near the field. Information was at once given
to the St. Austell police, and police constable WESTLAKE going to the
place, found he could trace foot-marks from thence to the residence of
two notorious characters in the parish of St. Austell, one residing at
Buckler's Mine, named William MORRISH, (only just returned from
prison,) the other living at Tregonissey, called John RANDLE alias
Jonney Bunny. On the Monday, a warrant was granted by Sir Colman
RASHLEIGH, Bart., and on searching their premises, a quantity of mutton
and other things were found, concealed, and on comparing the meat with
some of the joints left in the skin, it was found to correspond.
Randle was apprehended by policeman Westlake, and on Wednesday was
taken before Sir C. Rashleigh, at Prideaux House, and committed for
trial at the next Assizes. Morrish, on hearing that Randle was taken
absconded from his home, and Westlake was dispatched through the west
in search of him, it being supposed that he was gone to Hayle; but on
Friday evening he was taken into custody by police constable SAMBLES,
in the moor, leading from St. Austell to Pentewan. When apprehended, a
wet blanket was found concealed under his coat, which he had stolen
from a bush at Pentewan that night. On the following Monday he was
taken before Mr. E COODE, jun., at the Town Hall, St. Austell, and was
committed to be tried at the ensuing Assizes. He was charged also with
breaking into the workshop of Mr. William ROUSE, carpenter, in the
parish of Lanlivery, on the night of the 20th of December last, and
stealing a hammer, saw, mill-wright's compass, and several other tools.
He was likewise charged with entering the out-house of Mr. Richard
TRETHEWEY, at Caddra Mine, on the 18th of December last, and stealing
an oil over-coat and leggings, an axe, and other articles. A further
charge was preferred against him for entering the mill of Mr. William
ROBERTS, of Molingey, in the parish of St. Austell, on the night of the
3rd instant, and stealing therefrom three sacks and a quantity of
flour. He was fully committed to take his trial on each of these four
charges.
SIR RALPH LOPES., M.P. - We regret to have to announce the serious
illness of Sir Ralph Lopes, Bart., one of the representatives of the
Southern Division of Devon, who now lies at the point of death. The
hon. Baronet has been dangerously ill during the whole of this month,
and there is not the slightest human probability of his recovery, his
dissolution being hourly expected.
MELANCHOLY ACCIDENT - On Friday the 21st inst., a lad called Henry
BICKEL, about ten years of age, was driving the horses of Mr. T.
DUGGUN's threshing machine, at Trethillick, near Padstow, when it was
observed that the machine was not going its proper course, and on going
to see the cause of it, the boy was found lying on his face in the
track where the horses walk, quite dead, and much blood was on the
ground. It is supposed that he fell where he was found, and the horses
had trod upon him, which was the cause of his death.
FATAL ACCIDENT - On Tuesday the 24th inst., a Saltash carrier, called
WHIDDEN, was returning from Plymouth market, and when between Miltown
and the turnpike-gate leading to Devonport, came in contact with a fly,
by which the van he was driving was overturned, and himself and another
man who was with him were both killed on the spot. A female inside
escaped uninjured. Whidden, who was about to emigrate to Australia,
and was a very steady man, had that day sold his horse and van to the
man who was with him, and it is said that both had drank rather freely
over the bargain, and at the time the accident happened he was driving
a rather furious pace. Both have left families.
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