cornwall england newspaper
1857 NEWS
ARTICLES, etc
3 APRIL 1857, Friday
CORNWALL SPRING ASSIZES (Concluded from our last number)
THURSDAY, MARCH 26 (Before Mr. Justice Williams)
GRAY v. GRAY - Counsel for the plaintiff, Mr. SLADE, Q.C., and Mr. BULLER; attorney, Mr. WALLIS. Counsel for the defendant, Mr. KINGDON; attorney, Mr. PEDLER. Mr. Buller opened the proceedings, and Mr. Slade stated the case.
The plaintiff, Mrs. Jane GRAY, was the widow of the late Mr. Guy GRAY, of Endellion; and the defendant was Mr. Richardson GRAY, the brother of her late husband. The action was brought to recover damages for a trespass by defendant on the land of the plaintiff, and by forcible entry taking possession of property which she and her husband had enjoyed for twenty-five years. The tenement was called Tremeer's Park, in the parish of Endellion; it was about eighteen acres, and consisted of two fields, one of eleven and other of seven acres.
Plaintiff's husband, Mr. Guy Gray, died in June 1855, and by his will, dated 4th of June 1851, he devised his estate, called Treemer's park, to his wife, her heirs and assigns; he also left her other property, and made her residuary legatee of all his personal estate. At the time of his death, about an acre and a half of the upper field was divided off by a wire fence, and part of that acre and a half was in barley, and part prepared for turnips. The rest of the higher field, and the whole of the lower field, was in pasture.
On the first day of July 1855, there was a sale by plaintiff for disposing by auction of the cattle, and the eatage of the grass in pasture. The turnips and the barley part the widow still kept; the turnips had been sown on the 26th June, after her husband's death. Mr. HAWKEY purchased of plaintiff the eatage of the grass part until Michaelmas-day, and turned in his cattle. On the day before Michaelmas-day, the defendant with a number of men came and took forcible possession of the tenement, locked the gates, and had held possession ever since. The barley had been sold by plaintiff in August to Mr. LONG, of Port Isaac; but the turnips were sold, and the value of them appropriated by defendant after he had taken possession. Defendant also broke the pasture in the lower field, which had not been tilled for some years. The above and some other facts were deposed to by the plaintiff, and her evidence was supported by Mr. John MABLY, a farmer occupying an adjoining estate called Trelights, in Endellion. Mr. Mably believed the turnips were drawn about the end of January or beginning of February, 1856, and he valued them at from GBP 7 to GBP 8. The plaintiff claimed compensation for having been deprived of possession, and of the profits of the land, and for the crop of turnips sold by defendants.
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The defence by Mr. KINGDON was, that the plaintiff was not the rightful heir to the property. Mrs. Gray's husband, Mr. Guy Gray, derived this property through the will of his father; which will, however, gave the tenement to Mr. Guy Gray's brother, Mr. Digory GRAY, in case Mr. Guy Gray died without issue.
It had been stated in evidence that Mr. Guy Gray had no living children, but his brother Mr. Digory Gray, who was also dead, had a son also called Digory, in Australia, and it was on behalf of that son that defendant, Mr. Richardson Gray (another brother of Mr. Guy Gray) had entered and taken possession of the Tremeers tenement. Mr. Richardson Gray had done so because he would himself be entitled to the property, if Mr. Digory Gray died without a will.
Mrs. Gray came into court claiming under the will of her late husband, but her husband had no power to make such a will, his father having dealt with the property by giving it to Digory Gray, if Guy Gray died without issue. But although plaintiff had no title, she alleged that she was in possession, and that the defendant must show a better title before he could turn her out.
Defendant had taken possession lest plaintiff should hold on for twenty years, and then be enabled to claim the property. Digory Gray was at the gold fields in Australia, and had been written to, to obtain for defendant an authority to act as he had done, or to ratify what he had done in taking possession. This action had been twice postponed at the request of the defendant, but no reply had yet been received from Mr. Digory Gray. If he was dead, defendant would be his proper legal representative.
He (Mr. Kingdon) submitted, first, that the plaintiff had lost nothing, because she was not in rightful possession; and secondly, that as to the greater part of the property, she was in no strict legal possession whatever. The grass land was let to Mr. Hawkey till the 29th September, and possession was taken by defendant from him on the 28th. On account of this land, therefore, plaintiff ought to have brought her action in another form, as one of ejectment. As to the barley land, she was not in strict legal possession; she was entitled to the crop alone, as her husband's executrix, and was not thereby put in legal possession of the land. As to the turnip land, he (Mr. Kingdon) admitted that she was entitled to nominal damages for the trespass after the turnips were sown; but he contended that she was not entitled to compensation for the turnips, because by the evidence they were not drawn until after this action was commenced, which was on the 28th of January, 1856.
Mr. Kingdon then put in the will of the father of Mr. Guy Gray, plaintiff's husband; but the learned Judge, on examining it, said it gave the property in fee to Digory Gray, if Guy Gray died without issue. Digory Gray , therefore, might give the property to whomsoever he liked; he might give it to the plaintiff if he pleased. Defendant had no title whatever under the will, and had no right to turn out the plaintiff from the estate.
(Mr. Slade here said that plaintiff, to avoid the question of law as to the grass land, would exclude that from her claim, and would only seek compensation for the barley and turnips).
The learned Judge then told the jury he thought there was evidence that plaintiff was in possession of the barley land as well as the turnips. The trespass took place the day before Michaelmas-day; the action was brought on the 28th day of January following, and they would say to what compensation they thought the plaintiff was entitled.
The Jury gave a verdict for plaintiff for GBP 10, being one quarter of a year's rent of the tenement, for which Mr. Mably said in his evidence he had tendered GBP 10.
CHARGE OF MURDER - James BURNS was indicted for the wilful murder of Robert BEECROFT, on the high seas, on the 21st of October last. The prisoner pleaded not guilty. The following were the jury sworn to try the case: Pascoe BARABLE, foreman; John BOX, Jeremiah CLYMA, John HODGE, John England JENKIN, Richard JOHNS, William LANGDON, William LUCAS, Tobias MANKEY, Solomon MARTIN, John PERRY, and William STEPHENS. The Counsel for the prosecution were Mr. STOCK and Mr. BERE; attorneys, Messrs. RODD, DARKE, and CORNISH. Counsel for the prisoner, Mr. COLDRIDGE and Mr. BULLER; attorney, Mr. COMMINS.
The prisoner is a Scotchman, a native of Montrose, about forty-five years of age; he was decently dressed, and by no means of a stern, much less a ferocious aspect. He attended to the evidence and proceedings of the trial with much concern, but exhibited no such emotion as some persons have done when placed in a similar awful circumstances.
At the time of the investigation of this case before the magistrates at Penzance, we gave a long report of the evidence, and there is now no occasion to do more than to recapitulate the main circumstances of the case.
On the 5th of April, 1856, the brig "Mars" sailed from Dundee, in Scotland, and put into Lowestoffe, on the English coast, on the 20th of May, where the boy Robert BEECROFT, about fourteen years of age, was taken on board as cabin-boy. He was of a quiet, mild disposition, and was not ill-used on the passage out to Cuba. The vessel arrived at Guatemala, in Cuba, on the 14th August, and remained there several days taking in a cargo of rum and sugar. Before they left Guatemala, the boy complained of illness, but with medication had recovered. They went from Guatemala to St. Jago, also in Cuba, and they left St. Jago to return to England on the 9th October. About the 17th of October, the boy complained of head-ache. Before that time he had shown one of the crew a bruise on his temple. After the 17th he became worse, and ate very little, and some medicine, salts, and castor-oil, were given him by the captain.
On the 21st of October, the last day of his life, the witnesses particularly spoke of the captain's ill-usage of the lad. James ALDRIDGE, the cook, said that on the 21st of October, the captain ordered the boy to remove the grindstone from under the long-boat. The boy said he was not able, and he asked Aldridge to do it for him, which he did. The captain said, "you are better able to get it out than I am, you had better jump overboard." The captain afterwards ordered the boy to light the binnacle lamp. (A model of a brig was placed on the table in court, and the learned counsel, Mr. STOCK, when stating the case to the jury, showed the place of the binnacle, &c., by the model.) In rough weather it was necessary to light the lamp from below, and the boy went down into the cabin to do it. He stood on the table, but could not reach to do it, and the captain was seen by Aldridge to strike at him through the skylight, and he heard the boy fall down a heavy fall.
Other evidence was given by the witnesses, of the captain beating the boy in the cabin, of his beating him with a tarred rope an inch and a half in circumference, of his having dragged him on the deck, and that just afterwards the boy went head foremost down the companion ladder, and pitched on his head. The captain was not seen to throw him down, but he immediately afterwards went down into the cabin, and again commenced beating the boy, who appeared not have been injured by the fall, as he got up immediately the mate spoke to him.
When the captain struck him the boy said, "I must die," and the mate told him not to strike the boy any more, as he was not able to work. The captain then left off striking him, and the mate carried him up the ladder, and the man at the wheel, John DAVISON, helped him to his berth. Next morning he was dead, and his body was sewn up in canvass and thrown overboard. The witnesses described the appearance of the body. The mate said the right side of the head was a solid mass of blue, and about the legs there were blue and red stripes. The left side of the head was not so much discoloured as the right; there was a little blood between the teeth.
The vessel came into Penzance harbour on the 8th of December; information was given by two of the crew of the ill-usage of the boy; and the captain was taken into custody, and committed by the magistrates to take his trial for wilful murder.
The witnesses were John BLAIR, the mate of the "Mars," James ALDRIDGE, cook, John DAVISON, James DRYDEN, John SOMERVILLE, and William ANDERSON, seamen, and Charles Augustus WEST, surgeon, of Bodmin. In addition to the facts above stated, some of the witnesses said they had often seen the captain intoxicated on the voyage home, and Aldridge said he was in that state when he struck the boy through the skylight.
The cross-examination of Mr. COLERIDGE were directed to show that some part of the cargo broke adrift on the voyage home, and that the vessel was leaky; that some of the crew suffered from sickness at Cuba and on the voyage home; that they had rheumatism, pains in the limbs, and headache; that some of them had sores and swellings; and that nearly all the crew were under the care of Mr. COUCH, surgeon, after their arrival at Penzance, to be cured of the scurvy.
The medical evidence was also important. Mr. WEST believed the treatment of which he had heard evidence given, would have accelerated any disease of which the boy might have been suffering; it would have made it worse, but he could not say the ill-treatment killed the boy. Probably the death of the boy would not have taken place so soon but for the ill-treatment. In his opinion the boy was afflicted with some disease. He thought the fall down the companion ladder might have contributed to death.
The witness was CROSS-EXAMINED at great length by Mr. COLERIDGE as to the symptoms of scurvy, and the appearance of a body after death from scurvy. Witness had never seen a case of scurvy, he derived his knowledge of the disease from books. He believed the discolourations of the body spoken of by the witnesses, and the stiffness of limbs and debility of the deceased, might all have been the accompaniments of scurvy, except the stripes of the body. Scurvy, however, made the skin very impressive and stripes might have been produced by the boy lying on something hard two or three nights before his death. A person might have the beginnings of scurvy without showing it much. A man or a boy might be ill of scurvy without being aware of the dangerous state he was in.
Re-examined; Yams and sweet-potatoes, which were used in the cabin until after the boy's death, were repellants of scurvy.
Mr. COLERIDGE, at the opening of the trial, had objected to the jurisdiction of the court, on the ground that to have jurisdiction it must be proved that the vessel was owned by a British subject, in support of which he quoted the Mercantile Marine Act, 17th and 18th Victoria, c. 104, sect. 18 and 106; and it was necessary, he said, that this should be proved by the best evidence, the production of the ship's papers. The learned Judge decided that the case should proceed, and on the objection being now renewed, he said he would reserve the point, and see how far it deserved attention.
Mr. Coleridge then addressed the jury on behalf of the prisoner, in an able and eloquent speech, commenting on the evidence, complaining that the prosecution had not called Mr. Couch, of Penzance, who attended the crew for scurvy after their landing, and submitting on several grounds that the accused must be acquitted. He argued that the boy in all probability died of scurvy, the vessel being unhealthy in consequence of the cargo breaking loose, and some of the rum and sugar mixing with the water in the hold; and that the boy did not die in consequence of being beaten by the captain; nor was his disease in the slightest degree produced or contributed to by the acts of the captain. If the acts of the captain, unlawfully exercised, accelerated the death of the boy, the captain would be guilty; but he contended that the chastisements inflicted by the captain were no more than were right and lawful, on the part of a captain of a ship, and that as the captain did not know the boy was ill at the time, he was not guilty of the unlawful design which must be shown before he could be convicted.
The learned Judge summed up the case at great length, and impressed upon the jury the solemn nature of the inquiry before them, inasmuch as it might end in the forfeit of the life of a fellow creature. He then explained the law as bearing upon the case, and read over and commented upon the evidence. Finally, he put it to the jury, whether they thought the violence of the prisoner in any way contributed to the death of the boy; if they believed it did not, they would find a verdict of acquittal. If they thought that violence did either cause or contribute to, or accelerate the death of the boy, the prisoner would be guilty in some shape or other. If there was malice in the prisoner's act it must be express or implied. Express malice would be where there was a deliberate design to kill; they could hardly suppose that of the prisoner in the present case.
Still, if there was implied malice, the prisoner would be equally guilty of murder. Implied malice was where the conduct of the party charged showed a malignant intention to do mischief, or was attended by acts of cruelty, unaccompanied by any circumstances which negative the intention to do serious bodily harm, or substantial mischief. As to implied malice, there were points in the evidence which they would have to consider.
The most favourable view they could take of the conduct of the prisoner, was, that he was not aware of the ill health of the boy at the time, and that when he inflicted chastisement (which he might lawfully do if there was occasion for it, on a person in the deceased's position, and within reasonable bounds) he was not aware of the reduced state of the boy through illness, and therefore did not intend to do serious bodily harm or substantial mischief. On the other hand, if the jury thought the conduct of the prisoner contributed to the death of the boy, but that the killing was unattended with malice, they would find the prisoner guilty of manslaughter.
The jury deliberated about ten minutes and then found the prisoner NOT GUILTY. There was another indictment against him for doing grievous bodily harm, and another count for common assault; but on these charges the prosecution offered no evidence.
The prisoner was then discharged and looked exceedingly cheerful as he left the dock. The trial lasted from noon until ten o'clock at night, and the court was greatly crowded.
The court was then adjourned.
NISI PRIUS COURT
MARGARET JENKIN was charged with receiving a pair of Wellington boots, leather slippers, men's cloth boots, India-rubber galoshes, and an oil-cloth cape, knowing the same to have been stolen by John BOLITHO, from his master, Mr. William MAY, of Truro. Mr. YONGE conducted the prosecution, and Mr. COLE the defence.
Evidence was given by the prosecutor, by Mr. NASH, police superintendent of Truro, and by the boy, John BOLITHO, who had pleaded guilty of stealing the articles, and was admitted to give evidence against Mrs. Jenkin.
It appeared that Bolitho had been in Mr. May's employ about seven months and during the last two or three months, Mr. May had missed various articles which were afterwards produced to him by the police. On the 13th of March, Mr. Nash, in consequence of information, went to Mrs. Jenkins' shop, a dealer in second-hand clothes at Truro, and told her he had come about a pair of Wellington boots which had been stolen from Mr. May's shop, and were then on her son's feet. He also told her that seven or eight pair of boots and shoes had been stolen from Mr. May's, and were believed to be in her possession. She then produced various articles (named in the indictment) and said she had bought them from a boy called Bolitho.
Mr. Nash took the articles to Mr. May's shop, and he identified them. John BOLITHO's evidence was, that he stole the boots and shoes and other articles from his master, and sold them to Mrs. Jenkin. He took first, two pair of galoshes and an odd shoe, for which Mrs. Jenkin gave him three half-pence. He afterwars[sic] carried more shoes to her; the next morning he took her a pair of Wellington's, and he told her he had the shoes down to Mr. May's; she said to him, "don't you tell your master that I put you up to do it, whatever you do." The witness went on to state that he had sold the other articles (named in the indictment) at different times, and got a few pence for them on each occasion. At one time she asked him where he worked, and he said at Mr. May's.
The witness was cross-examined by Mr. Cole, and admitted that he had stolen stockings from Mrs. NORTHEY, of Daniell-street, Truro; and that he had obtained a scarf from Mr. Mackenzie's shop by saying that a lady had sent him for it; he said he had paid for that scarf with money he got for the boots and shoes; he stole another scarf from the servant at Mr. May's, and sold it to Mrs. Jenkin for 4d.; he also sold Mrs. Jenkin the stockings. He said he had never stolen anything before he had stolen the boots from his master.
The prisoner's statement before the committing magistrate was put in as evidence. She stated therein that the boy Bolitho came to her house at different times offering the boots and shoes, and saying he was sent by Mr. May's son; she gave him 1s. for the men's cloth boots, 1s. for the Wellington's, 4d. for the cape, 4d. for the slippers, and 6d. for the kid boots. In Mr. May's evidence, he had stated the kid boots to be worth 4s., the cloth boots 4s., the pair of boots 5s., and the galoshes 1s.6d; all the articles were second hand.
Mr. Cole ably addressed the jury for the defence, insisting on the improbability of the boy's story, and called Mr. John KNIGHT, butcher and innkeeper, of Truro, who said he had known the prisoner thirty years, and she had always been a very honest, industrious, hard-working woman.
The learned Judge in summing up, said the rule of law was, that an accomplice was not to be believed, when uncorroborated. The boy Bolitho was supported not only by the evidence of Mr. May, but by the admission of the prisoner that he sold her boots and shoes at a very low price.
The jury, after brief deliberation, returned a verdict of NOT GUILTY. John Bolitho was afterwards sentenced to a Fortnight's Imprisonment with HARD LABOUR, and then to be sent to a Reformatory School for two years.
PERSONAL ATTACK - EDWARD THOMAS, 45, miner, was charged with violently and feloniously ravishing Elizabeth COCK, at Camborne, on the 17th November last. Mr. OXNAM conducted the prosecution, and Mr. COLE the defence.
The prosecutrix, about seventeen years of age, lived with her father and mother at Trevanion Moors, in the parish of Gwithian. On the 17th of November, about eleven o'clock in the forenoon, she was returning to her house from her sisters at Camborne; she was alone, and on passing through Tremellyn Croft, she met a man whom she had never seen before, and who, after some casual conversation, committed, according to her statement, the alleged offence.
On the 21st of December she went with her father to Trewithian Downs, and there, among three men, pointed out the prisoner as the man who had molested her against her consent; and she now positively swore that he was the man.
The defence was, in the first place, an alibi; that the prisoner throughout the whole of that afternoon was at work with his son tilling potatoes, at Tincroft, in Illogan; and next, that whoever was the man who committed the offence, it was not done without consent of the prosecutor.
The summing up was in favour of the defence; and the jury returned a verdict of NOT GUILTY.
THOMAS CLIMO, 31, shoemaker, and WALTER STODDERN, 24, tinker, were charged with assaulting and putting in bodily fear and anger of his life JAMES THOMAS SAWLE THOMAS, and violently stealing from his person GBP 1.15s.6d., at Bodmin, on the 1st of August 1856. Mr. HOLDSWORTH conducted the prosecution; Mr. COLE the defence.
The Prosecutor said: I live at Tregorrick near St. Austell; I am a veterinary surgeon, attend sick cattle, and cure wounds in humans occasionally.
The Judge - You are, then, a general medical practitioner? (laughter)
Are you a cow leech?
No, I don�t cow leech. (laughter)
By Mr. Holdsworth: On Friday, 1st of August, I came from Simonward and went, first to the Talbot Inn, in Bodmin, and thence to the Garland Ox. I went into the kitchen and had a couple of pennorth of brandy neat; the landlord's treat; and then I had a glass of best brandy to myself; then came in Stoddern, Climo, and another man; they sat in the settle and had some beer; and there was a young man from Penzance there, who knew me. After they came in I had another glass of best brandy. I took out my purse, with two sovereigns in it, and gave one to the landlord and told him to take for my brandy, and give me the change; the change he brought me was a half-sovereign, and nine shillings. At that time the prisoners could see perfectly well all that I was doing.
After that the prisoners asked me to give them a quart of beer; which I did, and paid sixpence for it; I took out my purse again to do so. I put my purse into the breast pocket of my coat; and the three men, after drinking the quart of beer, left the house. In about ten minutes afterwards, I left the house and walked up the street towards the asylum on my way to Nanstallon, about two miles from Bodmin, and where I was going to sleep.
Before I got to Wenden's beer-shop, out came three men by my side, from a passage; I looked at them, but did not stop; I kept on my way, up the right hand side of the street, as fast as I could walk fittingly. When I came to Harding's shop I turned round and saw those three men coming after me, and about ten or eleven paces behind. When I got to the stop gate I called out to the gate-keeper, Walter BENNY, and talked to him a bit, as he was inside; I then wished him a good night and went on.
I heard something stanking after me, and fancied it was a horse; I turned aside to let it pass, when in jumped that man Stoddern upon me and demanded my money or my life. I kept my hands over my coat-pocket, and said I had no money; but he said "you d....d b..r, I know you have, for I saw it just now." I still kept my hands on my pocket, and Stoddern up and struck me on the right ear and knocked me down on the road, and I fell down on my side. This was two or three hundred yards from the stop-gate. Before I was knocked down, I saw the other prisoner, and the third man standing up by the women. At that time Stoddern had me by the collar.
When I was down on the ground, Stoddern turned me round on my back, put a knife across my throat, and said, "I'll have your money or your life, you b...r." I put up my hand to defend my throat; and he then put his hand into my coat pocket, took out my purse, and ran back to the other two men, and they all went back into the town. The purse which Stoddern took was that in which I had put the sovereign and the change given me by the landlord; when taken from me, it contained GBP 1.15s.6d.
I was afraid to go into Bodmin. I was so much hurried and frightened; and I went on to Nanstellon where I stopped the night. The next morning I went into Bodmin - first to the Garland Ox, and then to the Exeter Inn, where I told a little chap called the Roper how I had been robbed; he went out and then Climo and Stoddern came into the Exeter; and I told Stoddern that he had robbed me. He said "You're a liar; if you say that I'll knock you down." Climo said he never robbed me. I then went to the Garland Ox, and they came there too; I told Stoddern again about his having attacked and robbed me; and he said he had not. I then went to BRAY and another constable.
Samuel Bray HAYES, landlord of the Garland Ox, gave evidence confirmatory of that of the prosecutor; adding that it was about twelve o'clock when the three men left his house; that when the prosecutor first came there, it was apparent that he had been drinking; that he afterwards had four or five glasses of brandy, and was sick before he left the house.
Joseph HENDY: I keep a lodging-house more than 200 yards from the Garland Ox, down the street; Stoddern lodged there; on the night of the 12th of August he came home about half-past twelve clock; I let him in at the front door; I said to him "Walter, why did you stop out so late?" he said he had been up to the Garland Ox. Climo lives in the next passage above mine; between mine and the Garland Ox. Going down the passage to Climo's, a person can come up my passage, by passing over another property.
MARY ROWE, wife of Richard ROWE: I live in Bore-street, about one hundred yards from Hendy's, and keep a common over at the bottom of Hendy's passage. On the Saturday morning, the 2nd of August, about seven o'clock, I saw Stoddern come in at the front door, and heard Hendy say to him "you are a pretty fellow; I stooped up till between twelve and one o'clock, and you were not in then; I'll not keep open my house for no travelers." Stoddern said, "never mind old man; we have had a d---d good spree to-night."
William BRAY, constable: about the middle of the day on Saturday the 2nd of August, I went with Thomas to Climo's house, and found Climo and Stoddern there. I told them they were charged with robbing Thomas out by the asylum last night; they said they had not been the higher side of the Garland Ox last night, that when they left the Garland Ox, they went right home. The distance from the Garland Ox to Hendy's passage is about one hundred and ten yards, from the Garland Ox to the asylum being eight hundred yards; from the spot where Thomas told me he was robbed to where he said he saw the other two men standing at the time was twenty-four yards.
The jury found both GUILTY; which the learned Judge said was quite right; Sentence, FOUR YEARS PENAL SERVITUDE each.
The Court then rose.
CROWN COURT - FRIDAY, MARCH 27th� Before Mr. Justice Williams
ARSON - THOMAS PLINT (27) and NICHOLAS PLINT (19) were severally indicted for maliciously and feloniously setting fire to a stack or mow of oats, the property of Mr. Thomas HAWKEY, of Alber Common, in the parish of Kenwyn, on the 24th of December last. Mr. STOCK appeared for the prosecution, and the prisoners were defended by Mr. COLE.
It appeared from the witnesses for the prosecution, that on the night of Wednesday, the 24th of December last, the prosecutor had a mow of oats in his mowhay, and soon after going to bed about eleven o'clock was aroused by the fact of the mow being on fire. He immediately made an alarm, and went in search of the supposed offenders, and after visiting the house of the prisoner Thomas, proceeded to the house of prisoner's father, where he found both prisoners with several others belonging to the family spending Christmas eve.
In consequence of suspicious circumstances occurring on the visit, the prisoners were apprehended, but the only conclusive evidence against them appeared to be a statement made by them, whilst in the police station at Truro, and overheard by police constables Nash and Woolcock.
For the defence it was attempted to setup an alibi, and in support of which several of the prisoner's relatives, who were present, spending the Christmas-eve at the father's house, were called. The Judge carefully summed up the evidence, and commented on the conduct of the police constables Nash and Woolcock, and said he thought they might have abstained from procuring evidence and getting up a case under such circumstances.
The jury, after a short consultation, found both prisoners GUILTY, and they were each sentenced to SIX YEARS PENAL SERVITUDE.
This case concluded the Assizes about two o'clock.
W.H. MERIFIELD
BEGS to inform his Friends, and the Inhabitants in general of Penzance and Neighbourhood, that he has commenced business as an AUCTIONEER, and hopes by strict attention to all matters entrusted to him, to merit a share of public patronage.
4 Clarence Terrace, Penzance, 24th of March, 1857
CHARLESTOWN MILLS, St. AUSTELL
HENRY LIMMER, in returning thanks to his numerous Friends and Customers for the liberal support already received, begs to inform them, and the Public generally, that he has taken the above Mills, where, by strict attention to the milling business in all its departments, he hopes to merit an increased share of their kind favours.
Charlestown Mills, March 25th, 1837
PITCH PINE TIMBER
THE Barque "Glencairn" is now on her voyage from Savannah with a cargo of PITCH PINE TIMBER, which may be expected at Hayle about the end of April. HARVEY and CO.
April 2, 1857
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LOCAL INTELLIGENCE
GLAMORGANSHIRE - The nomination for this county took place at Bridgend, on Tuesday the 31st ultimo. The late liberal members, Mr. Mansel TALBOT, Lord Lieutenant, was proposed by Dr. Nichol CARNE, of Dimlands, and seconded by Mr. DILLWYN, M.P. for Swansea. Mr. Hussey VIVIAN, Liberal, was proposed by Mr. COFFIN, late M.P. for Cardiff, and seconded by Mr. Byng MORRIS, of Sketty Park. Mr. Nash VAUGHAN, Conservative, was proposed by Mr. Crawshay BILEY, M.P. for Newport, and seconded by Mr. Howel GWYN, late M.P. for Falmouth. The show of hands was five to one in favour of Messrs. Talbot and Vivian, and a poll was demanded on behalf of Mr. Nash VAUGHAN, which will take place on Friday the 3rd instant.
COMMITTAL - On Wednesday last, John DREW, of Hayle, waggoner, and the father of several children, was committed to Bodmin by the Rev. U. TONKIN, of Lelant, on a charge of rape on GRACE, a child of 13 years old, the daughter of John HEAD, of the same place, labourer.
MALICIOUS INJURY OF CATTLE - On Wednesday last, Edward LARK, farmer, was committed by Dr. CARLYON, county magistrate, for trial at the next Quarter Sessions, on a charge of forcibly entering a cattle-house at Killiow farm, in the parish of Cornelly, on the night of the 6th of March, and maliciously wounding and maiming seven bullocks, the property of his brother, James LARK, farmer.
FATAL ACCIDENT - In the forenoon of Wednesday the 1st instant, Charles DOBLE, in the service of Admiral TEMPLE, at Sunset, was coming up to Truro in the Admiral�s pram, the weather being boisterous. When off Trevaster Point, Doble threw his painter aboard the barge "Wave," for the purpose of being taken in tow; the "Wave" having already her own boat in tow. In throwing the painter, the pram "gave a shear" and the "Wave's" boat came in collision with the pram, struck her abaft the thwarts, and capsized her. Doble, and all the contents of the pram, were thrown into the water. One of the �Wave�s" crew jumped into their boat and endeavoured to save Doble, but unfortunately caught only his hat, which came off, leaving the body to sink, without possibility of recovering it alive. In the course of the afternoon, the body was dredged, and lodged at Malpas, to await the Coroner's Inquest. The unfortunate deceased was about twenty-five years of age, and had been married only six weeks.
CORONER'S INQUESTS - On Monday last, an inquest was held by Mr. J. CARLYON, at Flushing, in the parish of Mylor, on the body of Mary Ann RUTTER, spinster, aged forty-nine, who died suddenly on Saturday last, under rather peculiar circumstances.
The deceased had been an inmate of the Lunatic Asylum at Bodmin on two occasions, but was sent home from thence the last time on the 6th of January last, as cured; since which she had kept a girls' school at Flushing. From the evidence of Ann CURTIS, an intelligent little girl aged ten years, it appeared that when she went there to school on Saturday morning about nine o'clock, the deceased was then at breakfast, apparently in her usual health; as soon as she had finished, she attended to her scholars, and shortly after hearing their lessons she put down her work, and went into the front room. After she had been absent about half-an-hour, witness's mother came into the school-room, and witness told her to go and see where Miss Rutter was. The door of the front room was partly open, and witness's mother saw her lying on the floor foaming at the mouth, and she called her husband, who went in, and with assistance placed her on the sofa, where she died in about half-an-hour, without having spoken.
Mr. DONNELL, surgeon, of Falmouth, was in attendance shortly afterwards, and from the appearance of the eyes, and the history of the case, his impression was that she had died of apoplexy.
It appeared, however, that she had been seen at Penryn on Friday, and from her suspicious manner, and other circumstances, doubts were entertained whether she had not poisoned herself. The constable in attendance was therefore sent to Penryn to make inquiries, and he learned that on Friday evening, about six o'clock, she had gone to Mr. SOLOMON's druggist shop, and purchased an ounce of essence of almonds, which was delivered to her by Mr. Solomon, without any label on the bottle, and she had asked him whether it was enough to poison a person, and his replying "Yes; 'tis enough to poison two or three."
Under these circumstances it was thought necessary to open the body, when it was clearly ascertained that she had destroyed herself by taking the poison which she had so purchased. The jury returned a verdict that the deceased destroyed herself by taking poison, whilst being a lunatic of unsound mind; and strongly reflected on the conduct of Mr. Solomon, in allowing her to purchase such a deadly poison under the circumstances. Her appearance at all times was enough to create suspicion; but it was observed that on Friday she was looking particularly wild and excited. The coroner was requested to write to Mr. Solomon, and caution him to be more particular in the future, and we understand the coroner has complied with the jury's suggestion.
10 APRIL 1857, Friday
CORNWALL EASTER SESSIONS.
CHARGE TO THE GRAND JURY - [ part of a very long speech,
a large segment of which referring to crimes tried in the last court].
Crime has lately assumed in this country an extraordinary
aspect. We find that in some instances, capital has been employed notoriously
for the purpose of facilitating crimes, and persons have concocted schemes of
crime which in one instance took more than two years before it could be
perpetrated. During the whole of that time, capital was actually circulated for
the purpose of facilitating the commission of the crime; but through a most
extraordinary intervention, I may say, of Providence, the parties were detected
and suffered punishment.
.We have been
doing, and the public have been doing, something - I will not say all they can - in regard to these matters. At our last assizes a boy was sentenced to a
short imprisonment in gaol, and then to have gone to a reformatory for four
years; but in consequence of no reformatory being specified, I am sorry to say
the boy was discharged..[Since that time, he had received a letter 'from a
gentleman' who assured him he would be glad to receive any such boys into his institution,
and some friends had offered to pay the extra costs of such boys to the
reformatories. He then requested people submit their names if they would be
willing to support such an object. He also pointed out that criminals confined
in "some distant region' may be made to compensate, in a measure, for the
injuries they had inflicted on society.. and made the point that "in that way
the infliction of such punishment might become preventative.". He believed young offenders could be
re-directed, and pointed out the government allows 5s. a week per youth at a
reformatory; the cost to the county (or the volunteer gentlemen) would be 3s.
per week. The youths would be educated,
and turned into productive citizens and taxpayers.].
COUNTY BUSINESS - BRIDGE REPORT [also condensed].
Mr. JENKIN, Surveyor for the Eastern Division, reported as
follows: St. Blazey Bridge - As instructed by the last sessions, I have
examined the conditions of St. Blazey bridge with reference to the silting up
of the river, and now beg to present you with the following report upon the
same. Mr. William PEASE, in his able report on the state of this river, made to
a committee of magistrates [in] 1853, has entered at considerable length into
the history of the various changes that have taken place in the bed of the Par
river both above and below St. Blazey bridge for many years past, and has shown
that a progressive deposit of silt has been taking place even long previous to
the working of Fowey Consols mine, whilst since that time the deposit has
become much greater. He also registered the distance from the soffit of the
arch of St. Blazey, Middleway, and Par bridges (the first only being a county
bridge) to the then bed of the river at those points, and this has enabled me
to institute a comparison between those heights as they then were, and as they
now are....[both studies were done at the same time of year].During these
five years the height under the soffit of the arch at St. Blazey bridge has
deceased from six feet to four feet six inches, whilst under Par bridge, the
height has, if anything, increased, due to the increased flow of the water, as
the angle of the bed is increased. [....].There is no doubt that when St. Blazey
bridge was built, about twenty years since, its water-way was sufficient to
accommodate the water of the river, even during the floods; and moreover,
whilst the banks were low, the water overflowed the surrounding land before it
reached such a height as to fill the arch of the bridge. When the railway was
constructed, the river was confined by high banks on each side, and then a
water-way was required under the bridge nearly equal to that of the other parts
of the river, whilst at the same time it was being rapidly increased by the
accumulation of sand. [He then explained
there was no means available to a "local interest" such as magistrates of the
county which would be efficacious in preventing or checking the vast amount of
injury resulting from the deposit of silt.].
[A discussion followed, involving several persons from the
region and Mr. WEST, engineer, at the end of which it was voted to refer the
report to the magistrates of the Tywardreath division, while the committee
should look into the county's liability.].
CONSTABLES' GRATUITIES - Three policemen who have been for
some years employed at Redruth, Charles TREGONING, age 53, and fifteen years in
the service; Martin WILLIAMS, age 52, fourteen years employed; and Thomas HODGE,
aged 46, and of eight years service, had presented memorials to the court
applying under a section of the act for a gratuity, as the new act would
deprive them of their employment. Williams said they had had 17s.6d. a week
each at Redruth, and GBP 5 a year allowed for clothes. Mr. C. A. REYNOLDs bore
testimony to the good character of the men for a number of years. The CHAIRMAN
said it was necessary that notice of the application should be given, that it
might come before the next sessions. No magistrate gave any notice, but the
chairman made a record of the application.
TRIALS OF THE PRISONERS.
ACT OF INSANITY - EDWARD LARK, 40, was indicted for having,
at the parish of Cornelly, on the 7th of March, unlawfully,
feloniously, and maliciously maimed one cow, one heifer, and five steers, the
property of James LARK; and in a second count he was charged with unlawfully
wounding the same. Mr. STOKES appeared for the prosecution; Mr. CHILDS for the
prisoner..
Mr. CHILDS read part of the depositions, and said Mr. WARD,
the surgeon of the gaol, was present, and would prove that the prisoner was
insane; and Mr. Childs argued, on the authority of Burn, 3rd vol., p
439, that as the prisoner was insane and unfit to be put on his trial, he ought
not to be arraigned. The CHAIRMAN, however, and the CLERK of the PEACE, thought
the trial should be proceeded with, and the jury charged as to whether they
found the man was insane. The prisoner was then arraigned, and pleaded not
guilty. .
Mr. STOKES, for the prosecution, then stated that the
prisoner was a brother of the prosecutor, that there had been some bad feeling
between them for some time, and that the prosecutor believed the prisoner was
not in a right condition of mind, so as to be accountable for his actions, at
the time he committed the offence..
James LARK, the prosecutor, was then called, and said he was
a farmer in the parish of Cornelly, and the prisoner was his half-brother. They
were in partnership on the farm, but the partnership ceased in September 1854.
In November 1854 there was a settlement of account between them, and since that
time there had been a bad feeling on the part of his brother towards witness.
On the morning of the 7th March, his man called him to the
cow-house, and he found that the five steers, the heifer, and the cow had been
stabbed, one between the ribs and the others in the belly; the bowels protruded
from two. One was obliged to be killed shortly afterwards; the rest lived; he
had not seen his brother for six months before that. .
CROSS-EXAMINED: On the dissolution of the partnership, the
accounts were made up between them, and witness had a release from a solicitor.
Witness paid what was justly and rightly due to his brother; he paid him GBP
504.0s.8d., besides expenses. The partnership ceased in September 1854, and
prisoner became insane the same month and was sent to the asylum on the 11th
of September..They had divided some part
of the things before he was taken to the asylum. Witness had attorney's opinion
on the matter, and had the things valued. Prisoner was discharged from the
asylum in May, 1855, and appeared then better. In the following August he
threatened to shoot witness. He was again sent to the asylum. He was examined
by two medical men, and a certificate obtained of his state of mind. Prosecutor
had since had occasion twice to go before the magistrates and have him bound
over to keep the peace towards him; he should be in bodily fear of him that
moment if he were let loose..
RE-EXAMINED: He was last bound over to keep the peace on the
3rd of September last, for six months.
Richard ARTHUR, farmer, of Creed, said he saw prisoner about
the 16th of September last. Prisoner told him he was bound to keep
the peace again towards his brother for six months, and he said, "as soon as
the six months expire I will go to Killiow again, and if I cannot drive my
cattle off the place, I will leave them waste on the place." And he told me to tell his brother of it,
which I did..
John AVER, farmer, of Cuby, met prisoner at St. Mewan hill
on the 1st of September last. Prisoner, speaking about his brother,
said as soon as his bondsmen were liberated in March, he would go down again
and do worse. Witness remonstrated with
him and said, if you do go again, go by day and not by night, it looks so
dirty. Prisoner said, they would shoot me like a rabbit if I went by day. I
said, O no, they would not; I said you will stand in a different position, if
you are taken up again; you will be tried at the bar as a criminal. Well, he
said, if I am convicted I shall only be sent where I came from, as labouring
under a delusion. I told him it was too bad to ruin his brother, and say he was
labouring under a delusion. He said he would be revenged..
CROSS-EXAMINED: Witness knew prisoner had been in the
asylum; considered when he saw him he was not exactly correct; had no doubt his
property was valued by honourable men; should think he was a dangerous person;
was quite convinced of it in his own mind, and should not like for his brother
to meet him..
Nicholas WILLS, keeps the London Apprentice Inn, parish of
St. Austell. On Friday night, 6th March, saw the prisoner going in
the direction of St. Ewe and Cornelly; he had a black dog with him, and carried
something shining under his arm..
Elisabeth TREVORROW, saw prisoner near the London Apprentice
on the same night, carrying a saw, walking very fast, and going towards St.
Ewe; there was a black dog with him..
William WERRY, constable of St. Blazey, went to prisoner's
lodgings at Par on the 7th of March, at seven in the morning. He
came down stairs, appeared very fatigued, his clothes dirty and boots wet;
there was a black and white dog there. Witness told him he was accused of
committing depredations at his brother's. He said, if it is so, it is so. He
said he would go down to his brother's and shoot GBP 100 of cattle before his
brother's face, and I might go down and look at him..He afterwards went to Mr.
LYNE, the magistrate, and complained that I had exceeded my authority in coming
to his lodgings. He said he believed God would smile on the man who stabbed the
bullocks; one thing he regretted was, that he had not shot down his brother,
the doctor, and the constable, when they took him. He said he believed God
would smile on the man who killed his brother, that his brother was as big a
murderer as ever was executed; he said when he reached his hand to take a cup
of poison, his brother did not prevent him..
William Joseph NASH, police superintendent at Truro, said he
went with sergeant WOOLCOCK and constable WERRY, on the 30th of
March, to Par to apprehend the prisoner, and took him to Truro. On the way,
prisoner said he had been to the assizes to have the advice of counselor COLE,
as to whether he should go down to Truro and give himself up, and admit the
charge; and counselor Cole said , no, he should wait and see what they would
do. He said, on the Monday previous, he agreed with some gipsies to go down and
take the horses, but their hearts failed them. He spoke rationally on the road
down..
William WOOLCOCK, police sergeant at Truro, heard prisoner,
on the 30th March, say to a man at the London Inn, St. Austell, that
he would never leave his brother rest while he had a head of cattle left; he
would bring him down until he was obliged to go to a day's work..
MR. STOKES then put in the prisoner's statement before the
committing magistrate; it was, �"I claim this property as my own.".
Prisoner then
addressed the jury at some length, in a fluent but rambling way, complaining of
his brother, and that his brother agreed to leave the matters between them to a
reference, but ran from it again. He could get no attorney to take up his case,
because his brother went and told them he was a madman. A fortnight after he was put to the asylum
his brother came to him to sign promissory notes, that he might carry on the farm..Prisoner
cried, and said he had been wronged; he ought not to have been kept in the
asylum; when they proposed to take him out, his brother was to lead him about
with a rope round his waist. He received the GBP 500, but he claimed to be free
of expenses in the asylum, and profits or loss on the farm. Mr. ARTHUR and Mr.
DOBLE, of Barteliver, were the referees; he was in the asylum at the time, but
could prove the valuation was wrong. Finally he wound up by saying he was a
ticket of leave man..
Mr. Gilbert HAMLEY said it was true prisoner had applied to
Mr. Cole at the assizes..
Mr. CHILDS then addressed the jury, stating that before a
person could be sent to a lunatic asylum, he had to undergo examination by two
medical men, and when there the prisoner was attended by a most skilful man,
Dr. BOISRAGON, and the asylum was visited by experienced justices, to whom any
complaint might be made..It would be for the jury to say whether the poor man
was in a sane or insane mind. In September 1854, he was sent to the asylum; in
May 1855, he was discharged cured; on the 22nd of August, 1855, he
was again sent, and discharged on the 29th; and on the 3rd
September he was bound over to keep the peace for six months; the commission of
this offence was just after that time expired..He then called Mr. WARD, surgeon of the county gaol, who had seen
prisoner in gaol, and also knew him in the asylum, where he had him a long time
under his charge during the absence of Dr. Boisragon. He believed him to be a mono-maniac, mad on
one particular point about his brother and the property, but rational on other
subjects. He had seen scores of such cases in the Cornwall Lunatic Asylum; Dr.
Boisragon agreed with witness as to the character of this man's madness..
The CHAIRMAN summed up the evidence, putting it to the jury
whether the prisoner was guilty of committing the offence; and if he did so,
whether he was not guilty because he was at the time of unsound mind. The
Chairman remarked that formerly it was possible for a man to be sent to a
lunatic asylum by relations in an underhand way; but that could not be done
now, there being safeguards by the lunacy acts for the protection of the
liberty of the subject..
The jury found that the prisoner committed the offence, but
that he was NOT GUILTY because he was insane at the time. The Court then
ordered him to be detained until her Majesty's pleasure was known.
FRANCIS CLEMENCE was charged with stealing a GBP 5 Bank of
England note, the property of Isaac Nicholas DYER; and a second count charged
prisoner with feloniously receiving the money knowing it to have been
stolen. Mr. SHILSON conducted the
prosecution; Mr. STOKES defended the prisoner. .Evidence was given at some
length, from which it appeared that on Saturday the 6th of
September, prosecutor, who is a miner, received a GBP 5 note for wages which
was wrapped in a "bal bill", and he felt it safe in his waistcoat pocket when
he entered Stephens's public house at St. Austell, that night. On prosecutor
getting up to leave the house, he missed the note, and made known his loss, and
policemen Sambells and Westlake, of St. Austell, were sent for, and came and
searched a number of persons in the house, and amongst them the prisoner, but
did not find the note..Nothing more was known of the matter until the 26th
of March, when prisoner was apprehended in consequence of statements by
Caroline LEMON, who was servant at the public-house in September. She was now
the principal witness against the prisoner, and gave evidence of what he had
told her at different times about the money..
Mr. STOKES cross-examined her, and she admitted that the
prisoner was courting her at the time, and that she had heard his banns had
since been called with another young woman; but she said she had not told of it
on that account, but because she was blamed herself, and the people said as she
passed, "there goes the GBP 5 note." The policeman, Sambells, said the prisoner
admitted to him that he had had part of the money, but he said the man who
found the note, called GILL, was dead. Verdict, GUILTY of receiving, knowing to
have been stolen. Sentence, Four Months' hard labour..
PENZANCE appellant; St. MARY's TRURO, respondent: Mr.
SHILSON applied to enter and adjourn an appeal by the borough of Penzance against
the removal of three persons named JOHNS, from St. Mary's to Penzance. The
parties, he said, had agreed to state a case for the opinion of the Poor Law
Board, under the act. Motion granted..
SYMONDS, appellant; parish of PHILLEIGH, respondent. - Mr.
STOKES applied to enter and adjourn an appeal by the Rev. Samuel SYMONDs,
against an assessment for the relief of the poor in the parish of Philleigh,
made and allowed on the 1st of January. Granted..
ROAD APPLICATION � Mr. SHILSON moved to stop up North Coldrenick
road, in the parishes of Menheniot and St. Germans. The surveyors had applied
to justices, who had viewed the road in both parishes, and certified that it
was of no utility to the public, there being another road contiguous, more
convenient and advantageous to the public. The necessary notices had also been
given. Mr. Shilson stated that it was not in consequence of Mr. Charles
TRELAWNY's wish, that the road in question was applied to be stopped up. The
Court granted the application..
ROBERT STEPHENS and ROBERT STEPHENS, jun. father and son,
both shoemakers, were committed for want of sureties in a breach of the peace
at Lostwithiel, on the 14th of February. No one now appeared against
them; They were cautioned by the Court and promised to behave better in future,
and were discharged..
JOHN IVEY, a miner, had been committed by Mr. E. COODE,
jun., of St. Austell, for want of sureties to be of good character. The
CHAIRMAN told the prisoner he had received a very bad account of his conduct,
especially when drunk. No one appeared against him, and he would be discharged;
but if he came there again the court would not be so lenient towards him. He
was then discharged. .
This concluded the business of the Sessions.
BOROUGH OF PENRYN � MONEY
THE COUNCIL of the Borough of Penryn are desirous of
borrowing the sum of GBP 900, at interest, to be secured by a mortgage of some
of the freehold property of the Council..
The loan has been sanctioned by the Lords Commissioners of
Her Majesty's Treasury - two of whom will be parties to the mortgage - and
arrangements will be made for repayment of the principal sum within a period of
twenty years by equal annual instalments[sic]..
Applications, stating the lowest amount of interest
required, to be made on, or before, the first day of May next to
E.J.B. ROGERS, Town Clerk
Penryn, 31st March, 1857
STOLEN OR STRAYED
FROM CARBEAN, in the parish of St. AUSTELL, on the 20th
of March, a light red HEIFER, about two years old, in calf, with some warts
round the nose. Whosoever will give such information to THOMAS PINCH of Carbean
aforesaid, as shall lead to the recovery of the same, shall be rewarded for
their trouble, and have reasonable expenses paid..
Dated Carbean, April 7th, 1857
DISSOLUTION OF PARTNERSHIP
NOTICE IS HEREBY GIVEN that the Partnership lately existing
and carried on between WILLIAM WARN and THOMAS SMALE SKINNER, the younger, as
Grocers and Tea Dealers, at No. 1 Market Strand, Falmouth, in the County of
Cornwall, was on the 25th day of February last past, dissolved by
mutual consent, and the said business will in future be carried on by the said
William Warn..
NOTICE
THE COURTS BARON and CUSTOMARY COURTS of the Right
Honourable Evelyn, Lord Viscount Falmouth, are appointed to be held as under;
when and where all Tenants and others, owing suit and service, are severally requested
to attend, at Ten o'clock in the Morning, to pay their Rents, and to perform
their suits and services, according to the customs of the said Courts; and all
Tenants not in attendance before Twelve o'clock will be amerced..
MANORS...................................Courts,where held.........................Date when held
TREGOTHNAN, LAMORRAN, PENTONGOLLAN.........Ship Inn,
Tresillian.........................Monday, April 13th
TREGONEY......................................................Town
Arms Inn, Tregony..............Tuesday, April 14th
BURTHY ROW, NANCOLLETH, TERAGO, LANDRINE...Feathers Inn,
Mitchell..................Thursday, April 16th
TREVETHENICK, LANDEGAY, CARLYON LANDS..........Western Inn, Truro......................Monday, April 20th
TRURO & TREYEW
ALLEY...........................................Queen's Head Inn,
Truro..............Tuesday April 21st
ROSTOWRACK......................................Miners' Arms Inn, St. Dennis........Monday April 27th
TREVISQUITE,
LEMAILE..............................................Tabb's Inn, St.
Mabyn...................Tuesday April 28th
TREGARRICK...................................................Rock
Inn, Roche............................Wednesday April 29th
BLANCHLAND: the Four Hundreds district,................King's
Head Inn, Chacewater........Friday,
May 1st
including Pitalewren, Blackwater, North
Downs, &c &c
The Creegbrose District: including..............................King's
Head Inn, Chacewater.......Saturday, May 2nd
Killifreth, Twelve Heads, Kerling,
Baldu, Wheal Baddon, Wheal Widden, &c.
TREWORTHEN................................................Bounder's
Arms Inn, Bolingey.....Monday May 4th
TREVILLA......................................................Bell
Inn, Point...............................Thursday May 7th.
The Spring Courts for the Receipt of RACK RENTS will be held
as under: -
The MITCHELL DISTRICT.................Feathers
Inn, Mitchell..................Thursday April 16th
The HOME
DISTRICT.......................Red Lion Hotel,
Truro...................Thursday April 23rd
The EASTERN DISTRICT...................Rock
Inn, Roche............................Wednesday April 29th
The WESTERN
DISTRICT..................Angel Inn,
Helston........................Tuesday, May 5th.
D. GUNN, Steward
Tregothnan Office, Truro, April 1st, 1857
LOCAL INTELLIGENCE.
WESLEYAN MISSIONS - On Sunday morning last the Rev. J.
MARTIN, of Exeter, late missionary from Western Africa, preached in the Wesleyan
Chapel, Penzance, in connexion with these missions; and in the afternoon from
twelve to fourteen hundred children from different parts of the circuit, filled
the galleries of the chapel, whilst the lower part was densely crowded by
adults, and addresses were delivered by the Revds. A. FRENCH and MARTIN, and by
Messrs. J. ROSEWALL and W.D. MATHEWS. In
the evening a sermon was preached to a crowded congregation by the Rev. W. M. PUNSHON..On Monday evening a public meeting was held in the chapel, when the chair was
taken by Mr. GARLAND, of Fairfield, and Mr. N. B. DOWNING read the report,
which showed that the total income of the society from the Cornwall district
during the past year had amounted to GBP 3233.14s.1d. , being an increase on
the year 1855 of GBP 185.19s.8d. Resolutions were then moved and seconded by
the Rev. J. KERNAHAN, Rev. John MARTIN, Rev. W. BOYCE, missionary from
Australia and South Africa, and the Rev. W.M. PUNSHON. The sum of GBP 30 was
handed in as the proceeds of the ladies' basket; and the total proceeds of the
anniversary amounted to GBP 137.9s.5d. .We understand that the first of the Anniversary Services, usually held
in Truro, on behalf of the Wesleyan Missionary Society, is to take place next
Thursday, (the 16th inst.) when the Rev. William MORLEY PUNSHON, of
Leeds, a young minister who has gained some celebrity, is announced to preach
at the St. Mary's chapel..
ST. BLAZEY - The St. Blazey National Schools, which have
been recently re-built through the exertions of the Rev. J. BARTLETT, vicar of
the parish, were opened on Monday the 30th ult. The parents of the children (one hundred and
fifty in number) attending the temporary schools, being desirous of testifying
their gratitude to their minister for the interest he has shown in procuring
the essentials of a sound, moral, and religious education for their children, embraced
the opportunity of subscribing to a testimonial, which was presented to the
rev. gentleman by six of the children, on behalf of the scholars generally, on
Friday the 3rd instant..The presentation plate consisted of a handsome silver
butter-tub, and the address which accompanied it stated that it was offered "in
grateful acknowledgment of his kind and indefatigable exertion in rebuilding
the schools.".
CARNMENELLIS CHURCH, WENDRON - A beautiful window of stained
glass has been erected in the chancel of the district church of the Holy
Trinity at Carnmenellis, Wendron, in memory of the late, much respected
Incumbent, the Rev. W. BROADLEY. It contains three lights other of a diaper
pattern, enriched with a central cross and ornaments, and graceful borders.
Above the lower part of the lights is the following inscription: "In memory of
William Broadley, clerk, late minister of this parish." And in the head of the
window, this legend, "Blessed are the dead which die in the Lord.".The work
originated with the inhabitants of the district and neighbourhood, and the
expense is defrayed by the joint contribution of upwards of seven hundred
subscribers, who, with many others, desire ever to testify their affection and
esteem for their late pastor, and his unremitting services among them. The
design and execution of the window, which reflects much credit upon the artist,
are by Mr. A. BEER, of Exeter. .
MARRIAGE IN HIGH LIFE - The marriage of the daughter of the
late Lord Vivian to Mr. Nugent Bankes, son of the late Right Hon. George Bankes,
of Kingston Hall, Dorsetshire, took place on the 26th ult., at the
British Embassy, Dresden, in the presence of the bride's mother, the Dowager
Lady Vivian, the Hon. Francis Forbes, Minister at the Court of Saxony (who
officiated as father to the bride and gave her away), Lord and Lady Dormer,
Captain and Lady Emily DIGBY, two Misses DIGBY, Hon. Misses Dormer, Lady
Adelaide Forbes, Mr. Fraser, secretary to the British Legation, Baron de
Reibzenstein, Hanoverian Charge d' Affaires, &c. After the dejeuner the whole party adjourned
to the Dowager Lady Vivian's where a splendid breakfast was prepared, and
attended by the elite in Dresden. Shortly after, the happy pair departed on
their bridal tour, not returning to England for some months..
BODMIN GARLAND OX FAIR - This fair on Saturday last was
scantily supplied with cattle owing to the very wet weather, but what was
present sold at good prices as at latter fairs, and there did not seem to be
any advance in prices. The best garlands were awarded to Mr. William ROWSE, of
Lancarffe, Bodmin; and the second best to Mr. TREVENNING, of Treffry,
Lanhydrock - the beasts were of excellent quality..
PROLIFIC EWE - Mr. Thomas Courts, of Old Cardinham, has in
his possession a ewe which this season yearned three lambs, and last year two,
both of which produced two each, making nine altogether, within twelve months,
which are all doing very well..
[THE EDGES OF THE SENTENCES IN THE PAPER WERE BLURRED AND CUT
OFF; I'VE TRIED TO DISCERN THE CORRECT LETTERS, BUT USED ..... WHERE THE WORD
WASN'T CLEAR.].
PENZANCE QUARTER SESSIONS - These sessions were held on
Monday last, before the newly-appointed Recorder Mr. Montague BERE, and the Mayor, and
magistrates of the borough. There were two prisoners for trial. Richard GRENFELL,
40, was charged with having stolen, on the 15th of February three
GBP 10 notes, three and a half sovereigns, some silver, a gold ring, and a
leather bag, the property of William Carne CORIN, of Gulval, farmer. We gave an
account of the particulars of this case at the time it occurred. The prisoner
was found guilty, and sentenced to two months' hard labour..
William PERRY, 36, pleaded guilty of obtaining a Tweed
strapping coat from James TREGARTHEN, of Penzance, clothes dealer. To a charge
of embezzling the money of his master, Mr. E. S. POLKINGHORNE, brewer, of
Penzance, he pleaded not guilty; but on the latter indictment no evidence was
offered. He was sentenced to three months� hard labour..
BURGLARY AT LISKEARD - On the night of the 1st
instant, or early the following morning, the house of Mr. ROSKILLY, watch-maker
and jeweler of Fore-street, Liskeard, was broken into, and property of some
hundreds of pounds, consisting of gold and silver watches, chains and rings,
&c. carried off. It appears the
thieves effected an entrance with a crowbar at the back door to an underground
kitchen, and thence through a trap door, .... of which they cut a hole large
enough to pass the .... and draw back the fastening, and by that means gained
access to the back part of the shop where the valuables were..
STABBING AT CHACEWATER � On Wednesday night the 1st
inst., as a man called WHITFORD, who lives at Three Burrows, and his three sons
were passing through Chacewater on their way home from the mine where they worked,
when near the Wesleyan chapel they were saluted by three or four young men, and
had not gone far before one of them received a blow from a stone which was
thrown from behind them. They immediately turned back to the young men who,
with the exception of a young man called Oliver NORTHY, ran away. One of
Whitford's sons charged Northy with throwing the stone, upon which Northy
stabbed him with a knife. He was taken to a house near by and a surgeon was
sent for, who found that the wound had been inflicted about the hip joint, and
was at least three inches in depth. Northy was taken into custody the same
night, and has since been committed to Bodmin, to take his trial at the next
assizes..
GALLANT RESCUE OF A SHIPWRECKED CREW - The following
communication has been transmitted to the Royal National Life-boat Institution,
by Mr. C.G.P. Brune, respecting the service of its life-boat, at Padstow, in
rescuing a shipwrecked crew, on Saturday week..
"Prideaux Place, Padstow, March 14, 1857. It is with the
greatest pleasure I have to announce that under God's blessing, our life-boat
has to-day been the means of rescuing four lives, the crew of a Teignmouth
schooner, which is now a total wreck in this harbour. Immediately after the
alarm was given, I hastened to the spot, so that everything happened under my
own eye. I cannot speak too highly of the discretion, energy, and decision of
our coxswain. Under my inspection, he
exercised the life-boat in a rough sea on the 9th instant, when she
perfectly astonished me, and I believe every one else who saw her, by the
beautiful way in which she behaved.".
MINE ACCIDENT - On Tuesday last, whilst Henry, son of Mr.
Henry ROSEWARNE, was at work in North Basset mine, a piece of ground fell in
and killed him on the spot. He was thirty-three years of age, and has left a
wife and five small children to deplore their loss..
CORONERS' INQUESTS - The following inquests have been held
before Mr. John CARLYON, county coroner. On Thursday the 2nd
instant, at Malpas, on the body of Charles RUNDELL, alias DOBLE, aged 24, who
was drowned the previous day. He was in
the service of Admiral Temple, and was in a boat (not a pram as mentioned in
our last paper) which was capsized and he was drowned. Verdict, accidentally drowned..
On Saturday, at Gwennap, on the body of Stephen PERRY,
miner, aged [43?] years, who was killed in the United mines, on Friday, by
falling from the man-engine as he was returning up from his work in Wheal
Clifford. It is supposed that he [had] missed his footing in changing steps,
and he fell from the forty-five down to the solar at the 112 fathoms level. The
engine was working very regular, and the deceased was accustomed to riding up
and down. Verdict, Accidental death..
On Monday, at Bissoe, in the parish of Kea, on the body of
William DARLINGTON, aged 8 years, who was subject to fits which had affected
his intellect. He fell into a clay pit, a short distance from his mother's
house. There was no doubt that he had strayed in there, and that the ground had
fallen while he was under it. Verdict, Accidental death..
On the same day, at St. Allen, on the body of Harriet Jane
BEARD, an illegitimate child, aged 3 years, who died under suspicious
circumstances; but the jury after hearing the medical and other evidence,
returned a verdict of "natural death"..
On the same day, at Gwennap, on the body of John JACKSON,
miner, aged 67 years, who died from injuries he received in the North Grambler,
part of Wheal Cupid mine, by a stone falling down the shaft on him while he was
at work. Verdict, Accidental death..
POSTSCRIPT - LONDON, WEDNESDAY, APRIL 8, 1857, from the
LONDON GAZETTE
BANKRUPTS -is the last person named in Cornwall?]
Frederick Wm. Whiston, druggist, Birmingham
Samuel Richards, apothecary, Bedford square
Elijah Lawton, cotton waste dealer, Manchester
Christopher Hall, East India Merchant, Sun court, Corn-hill
William John Roberts, draper, Bury Port, Pembrey, Carnmarthenshire
Thomas Pyecroft, carrier, Walton, Yorkshire
Edward Duke Moore, dealer in concentrated milk and cocoa, Minories
Henry Bishop, money scrivener and gas manufacturer, Dursley, Gloucestershire
WILLIAM GIBBON, grocer, Spenny Moor
17 APRIL 1857, Friday
WHEREAS MY WIFE, CATHERINE HICKS, on the 8th of April instant, left my house, situate at Messack, in the parish of St. Just in Roseland, in the county of Cornwall. Now I hereby give notice that I will not be answerable for any debts whatever which she may contract after this public notice.
WM. HICKS, dated 14th April, 1857
.
LOCAL INTELLIGENCE
.
CHAPEL ANNIVERSARY - The anniversary of Lemon Chapel, in the parish of Philleigh, took place on Good Friday, when the Rev. Mr. TYACK, from Truro, preached in the afternoon to a large and attentive congregation. At five o'clock there was a public tea in Mr. OLIVE's barn, after which addresses were delivered by Messrs. TYACK, GEORGE, and PASCOE. The proceeds of the tea and the collection amounted to GBP 8.13s.
.
INDIAN ARMY - We understand that Mr. Marshall MORIARTY, of Falmouth, son of the late Mr. James MORIARTY, Royal Marines, has passed a very creditable examination for a cadetship in the Indian army.
.
ROYAL NAVY - Mr. F. J. KRABBE, R.N., late of Falmouth, and since of St. Mawes, has received his appointment as Master of H.M.S. "Cumberland," of 70 guns, now fitting at Sheerness, for the flag, on the Brazils and South American station.
.
CRICKETING - The opening game at Hayle was played in the Easter holidays, by a match between the seniors and juniors, when from 700 to 800 persons were present, and the juniors were beaten by seventy-seven runs. The Hayle juniors are promising to be a first-rate club. A handsome cap and belt is about to be made a present of, by contributions, to one of the junior players. Much interest is felt in the game at Hayle this season.
.
St. THOMAS'S HOSPITAL - After the examination of medical students, recently held at the close of the winter session, in anatomy, physiology, medicine and surgery, for selecting dressers, we observe that Mr. Abraham HARRIS, of Carharrack, Gwennap, was one of the gentlemen appointed a dresser to the above hospital.
.
TRURO THEATRE - Mr. and Mrs. DAWSON and family, with the assistance of amateur performers, have been amusing the public with some very lively theatrical entertainments during the present week. On Monday night the principal piece was "The Midnight Hour," in which a Spanish General and his ward, a Spanish Marquis, and other characters, about ten altogether, were appropriately dressed, and the acting was such as to call forth the frequent plaudits of all present.
.
In the next play, the "Corsican Feud," and the concluding piece, "How to Die for Love," the audience were equally entertained and frequently gave way to bursts of laughter. The acting was vigorous and extremely comic, and the amateurs acquitted themselves very creditably. The gallery was crowded, but the boxes and pit were slightly attended. On Tuesday evening other pieces were performed, the first being entitled "Naval Engagements."
.
THE LATE MR. DARKE - At the County Court, held at Penzance on Tuesday last, the Judge, Mr. BEVAN, on taking his seat, passed an eulogium on the late Mr. DARKE, speaking of him not only as an able, upright, and accomplished lawyer, but as a most valuable inhabitant of Penzance, and a liberal and kind-hearted gentleman.
.
At the Town Council meeting at Penzance, on Tuesday, Mr. F. BOASE brought under the notice of his colleagues the propriety of their taking the initiative in the erection of a monument to the late Mr. Darke. Mr. Boase dwelt at some length on that gentleman's virtues, and said he had never heard a single disrespectful work spoken of him during his illness, or since its fatal termination. He then moved the appointment of a committee, to consider the best means of securing a monument to the late Mr. Darke. Mr. J.R. BRANWELL supported the motion with much pleasure, and said he should be happy to do what he could to carry out the object of the motion. The proposal met with the general concurrence of the council.
.
ST. AUSTELL COUNTY COURT - At this court, held on the 9th inst., there were 167 cases entered and nine judgment summonses. In the case of WILLIAM RICHARDS, of St. Blazey, and a miner named SALVASTUS of the same place, defendant, it came out in evidence that previous to plaintiff suing him at this court, he had served him with a printed form on which appeared the royal arms and the words County Court. When this was produced in court by Mr. BISHOP, who appeared for defendant, his Honor addressed the plaintiff and ordered him to be taken into custody. The young man, however, said he obtained the form at a printer's in the town, whom his Honor at once directed to be sent for, and gave him to understand that he had broken the law, and after a very severe reprimand, said, I shall write the Attorney General to know if I can file proceedings against you, and shall therefore reserve my judgment until the next court.
.
CHARGE OF ROBBERY - Jonathan MALLET and William EMMETT, both of Penryn, have been committed by the Rev. Uriah TONKIN, of Lelant, to Bodmin Gaol, for trial at the next sessions, on a charge of robbing a person named TONKIN - an emigration agent from Gwennap - of GBP 42, at Hayle on Monday afternoon last week. Superintendent ARMITAGE, of the West Cornwall Railway police, and the Hayle constable, GILBERT, apprehended them at the "Steam Packet Hotel" after a desperate resistance on Saturday night last. Emmett is not long out of Bodmin gaol for robbing a farmer last Whitsun Fair at Truro.
.
TRURO POLICE - On Thursday the 9th instant, before Mr. PADDON and Mr. CHAPPEL, magistrates, David ROOKE was charged with breaking several panes of glass in a window of the George and Dragon Inn, St. Austell-street. He was also charged with assaulting his brother, the landlord of the inn, Mr. James ROOKE. He was ordered to pay for the broken glass 3s.9d. and expenses. The charge of assault was withdrawn, but he was bound over to keep the peace for six months.
.
On Saturday, before the Mayor, Mr. CHAPPEL and Mr. PADDON, a woman of bad character called Sarah ROBINS, was charged with stealing from the person of John SALMON, blacksmith, of Short-lane's end, a silver watch and guard-chain, a tobacco box, and a purse containing a sovereign and about 10s. in silver. Salmon was in Truro on Good Friday, and in the evening, having been drinking, he went to the Railway Inn, Pydar-street, where he fell asleep and was robbed by the woman. On awaking he discovered his loss and found the woman had left the house. He went to the police-station and described her and the missing property. Nr. NASH, police superintendent, and sergeant WOOLCOCK went in search of her, and apprehended her in a drunken state. The tobacco-box was at her feet, and the purse in her possession, then containing a sovereign and several shillings. She was committed for trial at the next sessions.
.
ACCIDENT - On Tuesday afternoon, the Rev. Francis COLE, of St. Issey, whilst walking through a plantation at Gonvena, was tripped by a stick and feel with such force that his left shoulder was dislocated. Mr. RENDELL, surgeon, of Wadebridge, was promptly in attendance, and under his care Mr. Cole is progressing favourably.
.
BODMIN COUNTY COURT - The usual monthly sitting of this court was held at the Assize Hall on Wednesday the 8th inst., when there were seventy cases entered for trial, and five judgment summonses issued for commitment, forty-six of which were settled before called on in court.
.
Re JAMES NICHOLLS - This insolvent came up for hearing under his petition before his Honor. He was described in his schedule as having been committed as JOHN NICHOLLS, late of the parish of Duloe, in the county of Cornwall, cordwainer, and innkeeper. His debts appeared as amounting to GBP 172.14s.1d., and the assets to GBP 9.72.6d. The detaining creditors were Messrs MARK STEPHENS GRIGG and WILLIAM HENRY HAWKER the elder, surviving partners of William SKIRVING, deceased, spirit dealers, of Plymouth. Mr. COMMINS appeared and supported the insolvent's discharge, when no creditor appearing to oppose, his Honor, after looking through the schedule ordered the insolvent's discharge forthwith.
.
COCKING v HAMLEY - this was an action brought by Edward COCKING, of Bodmin, lodging-house keeper, against Mr. Edmund Gilbert HAMLEY, for recovery of the sum of GBP 4.13s.6d., for lodgings supplied by Cocking to a person of the name of WRIGHT, under (as Cocking alleged) an undertaking given to him by Mr. Hamley to see him paid. Wright, it appeared, was a client of Mr. Hamley's, and on the 7th February 1854, he came to reside in Bodmin, and took lodgings for himself and wife at 2s.6d. per week, and continued to live with plaintiff until the bill for lodgings amounted to the sum now sought to be recovered. Cocking appeared and swore positively that when the bill amounted to GBP 2 he called on Mr. Hamley, when he told him that it was all right and that he would see it paid, and on such undertaking he consented to allow plaintiff the use of his lodgings up to the time he left the town.
.
Mr. Hamley was also examined for his defence and denied ever having given Cocking any personal undertaking to see him paid, but told him that he was in negociation for Wright for a sum of money to which he was entitled under the will of his mother, and that if ever any money came into his hands, he would keep back a sum sufficient to satisfy any amount for lodgings. Mr. Hamley also informed the court that Wright died whilst the negociations were going on, and to whom he had himself advanced GBP 50 by allowing him GBP 1 a week for the maintenance of himself and wife, and consequent on such death he had been a loser of this GBP 50, which he paid out of pocket.
.
His Honor, after hearing both parties, addressed Cocking and said that he did not impute to him the slightest intention of giving a wrong statement, but that he considered he (Cocking) had misconstrued the words used by Mr. Hamley during the conversation, and that Mr. Hamley had only acted in his capacity as the professional man of Mr. Wright, and would no doubt have retained a sufficient sum to have paid him had any money come into his hands; but he would grant until the next court for the production of further evidence on both sides before he gave his judgment.
.
OKE v. BELLRINGER, painter and glazier, of Bodmin. This defendant was again committed for thirty days for non-fulfilment of order of court.
.
GRAY v. BENNETTS - defendant was committed for twenty days for a similar default.
.
ROBBERY NEAR BODMIN - On the night of Thursday the 9th instant, the mill belonging to Mr. Philip LILLEY, at Laveddon, were broken open and a considerable quantity of flour stolen. Since that time the thief has been captured and committed to the gaol at Bodmin to take his trial at the assizes.
.
CORONER'S INQUESTS - The following inquests have been held by Mr. John CARLYON, county coroner: On Friday, the 10th inst., at Bissow Bridge, on the body of Mary Ann TIDDY, who was killed on Friday last, on the Redruth and Chacewater Railway, by being knocked down by the buffer of the engine.
.
>From the evidence of James SIMS, the driver of the train, it appeared that he was proceeding from Devoran to Carharrack, about four o'clock the day before, with the engine and six loads of coals. On arriving at the Bissow crossing, he saw the deceased getting up a bank about fifty yards in front of the engine. He gave a whistle, and, finding the deceased took no notice of it, he gave another, and reversed the engine; but before he could stop it, the deceased, who had gone on without taking notice of anything he had done, was knocked down by the buffer between the rails; and the trucks, but not the wheels, went over her. As soon as the train stopped, he went back immediately and found the deceased in the road, about twenty or thirty yards behind the train; she was still breathing, but died in about two minutes.
.
This was corroborated by W. CLARE, the conductor of the train; and all parties who were present and heard the whistle and saw what happened, exonerated the parties connected with the train, from all blame. The jury returned a verdict of "accidental death."
.
On Saturday from Penryn, on the body of Ann FRANCIS, widow, aged 68 years. The deceased was walking with her daughter from Penryn towards Argal, on Thursday last, and appeared to have received a fright from seeing a dog-cart with a lady and gentleman in it upset when coming before her. She complained afterwards of great palpitation of the heart, and went into Mr. HIGGINS's lodge near by, where she had a cup of tea and remained about a couple of hours; after which she felt sufficiently recovered to return to Penryn, and left the lodge for that purpose. Shortly after she got into the road she was again seized with a fluttering of the heart; and her daughter sat down by the side of the road and supported her head in her lap, and in that position she died in a very short time. Verdict,"Visitation of God."
.
On the same day, at Lower St. Columb Porth, on the body of William Richard BUNT, a seaman at Port Isaac, who was drowned at Newquay Pier on the 17th ult., in an attempt with others to render assistance to some parties on board a vessel who had met with an accident that day in attempting to bring their vessel into the pier. The body was washed in at the Porth on Friday evening last, and was identified by his father. Verdict, "accidentally drowned."
.
The following inquests have been held before Mr. HICHENS, county coroner: On the 9th instant, in the parish of Illogan, on the body of Henry ROSEWARNE, aged thirty-three years. The deceased worked at North Basset mine, at the 50-fathoms level, and on the 7th, being in the level, went from his own pitch to that of another pair in the same level to enjoy their company whilst smoking his pipe; and having seated himself on a board where the other men were working, whilst so seated a large rock turned out of the back of the level, and falling on the deceased knocked him down, and resting on his breast caused his immediate death. Verdict, "accidental death."
.
On the 13th inst., in the parish of Mawgan in Meneage, on the body of EDWARD ROBERTS, aged fifty-seven years. The deceased, who was a farmer residing in the parish of St. Keverne, and was on his return to his home from Helston market, on Saturday night last, was found about three miles from thence by the side of the road, in a state of insensibility and speechless, and the cart in which he had been riding was about fifty yards further on the road upset, and the horse standing across one of the shafts. The deceased was taken to a house in the neighbourhood on the following day about noon, having remained in the same state of insensibility and speechless as when found. The occurrence was not witnessed by any one, and could not, therefore, be explained, but the belief was, that the horse, being a flighty animal, had run away, and that the deceased was thereby thrown out. Verdict, "Accidental death."
.
WEST CORNWALL RAILWAY - Traffic for the week ending April 5th, 1857: Number of passengers, 5570; amount GBP 308.9s.2 � d. � Goods, GBP 306.1s.0d � Total Receipts, GBP 614.16s.2 � d. - Receipts for the corresponding week, 1856; GBP 555.4d.1 � d.
.
INQUEST AT FLUSHING - To the EDITOR of the WEST BRITON
.
Sir - Allow me to call your attention to a paragraph which appears in your paper, giving an account of the inquest held last week before Mr. Carlyon at Flushing, on the body of Mary Ann RUTTER, and as it is not unlikely that certain statements made therein may militate against me, I deem it my duty to offer an explanation. I regret that I was not summoned to give evidence before the coroner myself instead of the jury taking the version given by the constable of my statement to him when he called on me. I most unequivocally deny saying to the constable what in your paper I am reported to have said when he called on me, (in which I am borne out by parties who were in the shop at the time) and if he had spoken the truth, I am quite certain my name would not have appeared in your paper in the manner it has. As however, I was not called to give evidence at the inquest, I think it right to give you a correct account of the transaction.
.
On Friday the 27th ult., a woman called at my shop, (it might have been the deceased or it might not; I never remember seeing her before) there was nothing extraordinary in her demeanour, and no circumstance connected with her conduct which for one moment struck me she was insane. She asked for a shilling's worth of Essence of Almonds. Whilst I was serving her, she said "It is poisonous, is'nt it?" I replied "Yes; if taken in a large (or sufficient) quantity, but it is used for flavouring;" she said "Yes, I know - I want it for that purpose," and then went away - persons who were in the shop at the time can corroborate me in this.
.
The article with which I served this person is in most common use with confectioners, pastrycooks, and others, when the flavor of bitter almonds is required. It is not what is termed "Essential Oil of Almonds," but it is a diluted essence, and is commonly known to the public as "Essence of Almonds" or "Almond Flavour."
.
I have had an experience of more than twenty years as a chemist, and I have frequently been asked similar questions by persons the most rational and moral; and as I have said before, there was not the slightest indication of insanity or evil design in the conduct of the person to whom I have alluded.
.
I shall be obliged if you will insert the foregoing in your next paper.
.
I remain sir, Your obedient servant, JOHN SOLOMON
.
Penryn, 7th April, 1857
24 APRIL 1858
[Editorial included just as an interesting side-piece].
FROM AN EDITORIAL -
The London papers are indulging in a
grave strain of moralization over the fact that France has ceased to make any
progress in political vitality, in social character, in material wealth, and
even in population. The French census of 1846 showed an increase of upwards of
a million persons, but that of last year showed an increase of only 250,000,
and now that population is believed to be positively standing still. Yet in
France there is no emigration going on, and no colonization. Great Britain, on
the other hand, increases in population every year, in spite of the most
extensive emigration. France seems also to be deteriorating physically.
Previous to 1789, no soldier was admitted into the army under five feet one
inch, but the standard has since then been gradually reduced below four feet
nine inches, and at the present time the greatest difficulty is experienced in
finding recruits of even that height. This decadence seems to date from the era
of the first empire, and its cause may therefore be found in the rigid military
system which was then introduced, and which has lately been revived. Wise heads
are shaking ominously over these alarming symptoms..LOCAL INTELLIGENCE.THE COUNTY RATE - The committee of magistrates appointed to
make a fair and equal county rate, met at the Guildhall, at Penzance, on
Thursday, and again on Monday, at Camborne, and examined on oath at the former
place all the overseers for the twelve parishes of West Penwith; and at the
latter place, the overseers of the twelve parishes, constituting East Penwith.
The justices present were Mr. Richard DAVEY, M.P., Mr. Day P. LeGRICE, Mr. P.
MAGOR, and Mr. ROGERS of Penzance. They will meet again at Helston on Monday,
to inspect the assessment of taxes in West Kirrier..BOTTLE FOUND - The following was copied from a piece of
paper found in a square glass bottle washed on shore at Gravesend, Porthleven,
on Sunday evening last: - "Sunday, 18th of January, 1854. 'Ellen
Lusten' six days out from Liverpool to New York, all well on board. JOSEPH
HOWELL, passenger.".
REDRUTH PHILHARMONIC SOCIETY - The last concert of the
Redruth Philharmonic Society was given on Wednesday last, in the Town-hall,
under the patronage of Mr. Richard DAVEY, M.P., and a highly respectable
audience. The concert opened with Mozart's overturn "Le Nozze di Figaro," which
was given with great spirit. A flute solo by Mr. T. PENROSE was admirably
performed; and the chorus "Brother Soldiers" in LODER'S opera of Robin
Goodfellow, was loudly encored. In fact, the concert was one of a superior
character, both in regards selection and execution; and it is greatly to be
regretted that so much musical talent as has been exhibited in the whole series
of concerts, should be lost to the inhabitants of Redruth and neighbourhood,
who have thoroughly appreciated and enjoyed it..
TRURO COUNTY COURT - The monthly court was held, by
adjournment, on Saturday last. There
were eighty two cases entered; but with the exception of the following, none
were of any general interest..HUDDY and ANOTHER v. BENNALLACK - Mr. John
EDWARDS for plaintiffs, and Mr. HOCKIN for defendant. Plaintiffs and defendant
were farmers of Probus, and the claim was for GBP 1.19s.6d for the alleged
worrying and killing a sheep belonging to plaintiff; but at the conclusion of
the evidence his Honor said he could not but be struck with the fact that the
sheep was injured in the hind quarters only, whereas a dog would be more likely
to attack the head and neck..
Mr. HOCKIN then addressed the court for defendant, and
quoting from "Roscoe on Evidence," he contended that in order to make a man,
responsible for mischief done by any domestic animal of his property, it must
be shown that the animal had previously done mischief of the same kind, and
that the master was aware of it. That had not been shown in the present case;
but defendant would not have taken advantage of this legal point, if he did not
believe the circumstances showed that his dog did not kill the ewe. His Honor then said the verdict must be for
defendant..
In the following cases the respective defendants were
committed to prisoner for thirty days each, for contempt of court in not appearing
on summons: Alexander McKEAND v. Eliza HARRIS; W.Y. BENNETT v. John JOSE; John
ROSS v. Mary Ann STUART; John ROSS v Grace PASCOE, and William MARTIN v. Josiah
NICHOLLS and Joel NICHOLLS..In the case of John ROSS v. Josiah EVANS, the
defendant was committed for fourteen days for non-payment of a debt of
16s.10d..Edward JOSE, of Carnon Common,
in the parish of Feock, gardener, nurseryman, seedsman, and dealer in fruit,
obtained interim order for protection until the 8th of May, when he
is to appear for first examination..
TRURO POLICE - On Saturday, Thomas COCK was charged with
assaulting Thomas MINORS, tinner, at the Barley Sheaf Inn, kept by Mr. STAPLE.
The parties were tossing for half-pints of gin, after twelve on Friday night,
and a dispute arose, and the assault was committed. The charge, however, was
withdrawn on the defendant paying expenses. The case having come before the
police, the landlord was summoned for permitting gambling in his house, and he
admitted the charge, but in consideration of its being the first offence, he
was fined only 5s. and costs..
On Monday, John GOUDGE of Boscawen-row, was fined 1s. and
expenses for assaulting Luke OXENHAM.
On Wednesday, Eliza Ann CLYMA and Thomasine PASCOE, both of
Charles-street, were charged with stealing two sovereigns and a half sovereign,
the property of Mrs. McINTEGER. The money was taken from complainant's box by a
little girl staying at the house; the prisoners met the girl in the street and
took the money from her. They both pleaded guilty; Clyma was committed for
twenty-one days to hard labour and Pascoe for fourteen days..
DARING BURGLARY - On the night of Tuesday the 14th
inst. The Cornish Arms, or as it is more usually called the Fifteen Balls Inn,
in Bodmin, kept by Mr. CARHART, was broken into and some silver spoons, prongs,
&c. together with the contents of a traveller's pack of drapery stolen. [as
written].A man named PEARCE, who had been liberated from prison on the morning
of that day, was suspected, and apprehended (by constable WARNE, of Torpoint)
near Polbathick, on his way towards the former place, or Torpoint, with the
stolen articles in his possession, except the drapery, which it appears he had
disposed of on the road. He was brought back to Bodmin, and on Friday last
underwent an examination before the borough magistrates at the Guildhall, when
he was remanded until the following Friday..
ACCIDENT TO A HORSE - On Wednesday afternoon, about half
past three, the Rev. John DAUBUZ's groom was riding down Lemon Street, Truro,
when on arriving opposite the house lately occupied by Mr. TREGELLAS, the horse
shied at a bundle of rod iron which had been brought out from those premises
and temporarily left in the gutter by the foot pavement. The horse,
unfortunately, in shying, came with violence against a cart carrying granite,
which was coming down the street at the same time, and with such force that the
animal broke its thigh, and was obliged to be taken into the Royal Hotel
stables afterwards, and there killed. It was a very valuable animal, Mr.
Daubuz's favourite carriage horse, which he had been some time endeavouring to
match, and was worth more than GBP 120. Neither the horse nor the groom fell
when the occurrence took place..FATAL ACCIDENT - On Saturday last, a little boy about eight
years of age, named John PHILP, went down a cliff near Mevagissey to gather
greensauce, when his foot slipped and he was precipitated down the cliff and
fell into the water - the tide being in. The distance he fell was about eighty
feet, but before any person came to him, strange to say he had climbed the
cliff and walked home without any apparent injury; in the night, however, he
complained of internal pain and died the next day about twelve o'clock. An
inquest was held on Monday, when a verdict of 'accidental death' was returned..DISTRESSING ACCIDENT AT A MINE SHAFT - On Sunday last, a
melancholy accident occurred at Scorrier, by which a lad named Wm. HARRIS,
fourteen years of age, lost his life. It appears that Harris and other boys
were throwing stones at each other, and the unfortunate lad in running away
from another missile, fell headlong into a deep shaft. On Monday, a tackle was
erected, and a man descended about forty fathoms, when he came to water, and by
dragging the shaft with a grapnel, found the poor boy's body about three
fathoms under water.
It is most unfortunate that no law exists to enforce the
filling or otherwise securing abandoned mine shafts, many of which in that
neighbourhood are so near the public road that the slightest deviation at night
from the turnpike road might send a person headlong down one of those frightful
holes., some of them from one to two hundred fathoms in depth.
.CORONER'S INQUESTS - The following inquests have held by Mr.
John CARLYON, county coroner. - On Monday at Scorrier Gate, on the body of
William HARRIS, aged thirteen years, who was killed by falling into an open
shaft near the station on Sunday last. The jury returned a verdict of
"accidental death", and at the same time wished it to be represented to the
lords of the surface that there were several open shafts in the neighbourhood
which they ought to cause to be sollared over and protected against accidents
of a similar kind, as they were very dangerous. This sett was formerly within
Wheal Chance sett - a mine which has ceased working for several years..
LIGHTING BALLESWIDDEN MINE WITH GAS.An important work has recently been in progress at
Balleswidden mine - the erection of gas-works, the introduction of gas into the
shafts and levels, and, hence, the superseding, to a considerable extent, the
old system of candles. Mr. WRIGHT, C.E., of London, who contracted with the
adventurers for the supply of gas, has recently been in the neighbourhood, and
on Wednesday, the 8th, delivered a lecture to the agents and miners
of Balleswidden on "Gas." A large number assembled in the "dry" or drying house,
a number of the mine agents of the neighbourhood being present, and the chair
was taken by Mr. S.H. JAMES..Mr. Wright, in commencing his lecture, said he had
been engaged by the Penzance Gas Company about twelve months since, when his
friend, Mr. COLLIVER, suggested to him what an excellent thing it would be if
the mines of Cornwall could be lit with gas. He wrote to several gas engineers
in London, who expressed an opinion that it was impossible to send the gas down
a mine. He and Mr. Colliver went down Balleswidden mine, to the 113 fathom
level, and he came to the conclusion that he could light the mine. He proposed
to make the experiment at his own expense, and the shareholders of Balleswidden
allowed him to do so; and he considered it showed an enlightened and liberal
spirit on the part of any adventurers, to undertake or patronize a new project.
He had since employed Mr. McPHERSON on the work, and it had been creditably
done..Yesterday he was down in the mine and examined the lights, and he was
quite satisfied, as far as the lighting of the shafts of the mine was
concerned, and as far as the lighting of the levels and tramways was concerned,
that it was a perfectly successful movement. One difficulty had yet to be
overcome, and that was to furnish them with a moveable light which the miner
might hold in his hand, to enable him to bore and pick his hole. That
difficulty he had forseen from the very first, and three months ago had tubes
expressly manufactured for the purpose; when taken down they might not answer,
and if so he would have other tubes, until they said gas gave as convenient,
and a much better, light than a candle. A light equal to a candle would be no
success to him; if he thought for one minute that the lighting of a mine with
gas was only equal to the candle he would abandon his plan to morrow; if he did
not think that gas itself was more wholesome to the miner and would add years
to his existence he would also abandon it to morrow. (Cheers).Mr. Wright then proceeded to give an account of artificial
light. He said gas was not so deleterious as a candle, for there was less
unconsumed smoke. There were three reasons why gas was superior in mines - first, it gave a purer and better light than a candle; second, a steadier
light; and third, the light from a candle could only be of a certain size; if
two candles were placed together they would not give more light; while a
gas-light could be increased or diminished..With a flexible tube he could see
from one end of the mine to the other,
could examine and rectify the minutest defect, or see the aspect of the mine.
Any one who saw the effect of gas in a mine could not doubt for a moment of its
success. In this he should be borne out by that meeting. Every working miner
would attest that the lighting was successful in the shafts and in the levels.
He would not say it had been successful in the workings, or that he thought it
had been. Mr. McPherson and one or two of the agents of the mine would continue
experiments, and if not successful the first day or week, difficulties would be
overcome by perseverance, and they would persevere until they did succeed. Mr.
Wright then showed there was no danger of explosion. Gas was not explosive
except when mixed with air. All pipes and tubing would be subjected to careful
inspection, and the ventilation of the mine was so good that if there was a
slight escape of gas, it would be directly carried up the shafts..After the lecture, a vote of thanks was passed to Mr.
Wright, on the motion of Mr. A. CHENHALLS, seconded by Mr. S.H. HARVEY, jun.;
and the following letter has since been handed to Mr. Wright by the mine
agents, dated Balleswidden, April 14th: "Sir, we were underground in
this mine yesterday, and examined your gas-lights throughout, and have great
pleasure in informing you that the lights are all burning exceedingly well - giving a good, bright, clear light And,
so far as it has been tried in the shaft, levels, and pitch, which were all
lighted yesterday, it answers exceedingly well, and we have no doubt of its
answering all the purposes for which it is intended. We find in the pitches in
the ordinary way of working, one light in the centre of the pitch will be
sufficient for four men to work with. But when more than one light is required,
the flexible tube will be quite sufficient to convey the light which may be
required to any part of their work.
Nicholas TREDINNICK, Managing Agent; William
CLEMENS and Thomas TRAHAIR, underground agents."
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