cornwall england newspaper
1857 NEWS
ARTICLES, etc
6 MARCH 1857, Friday
NOTICE
HENRY HOUSE, of Ventongimps Mills, in the parish of Perranzabuloe, begs to give notice that
he has declined the business of Cornfactor and Miller, hitherto carried on by
him, and that from Monday next, the 9th instant, the same business
will be carried on by W. Carne Esq., of Falmouth. � HENRY HOUSE.
Dated 4th March, 1857
CAUTION
I, JAMES HAWKE, of
the parish of Mylor, do hereby give
notice, that I will not be answerable or accountable for any Debt or Debts
which my wife, ANN ELENA HAWKE may contract after this public notice. Witness
my hand this 4th day of March, 1847[error, as printed]. � JAMES
HAWKE
Witnessed by CHARLES M. ARTHUR.
Dated, Mylor Bridge, March 4th,
1857
NOTICE IS HEREBY GIVEN
That all Persons having Claims on the Estate of the late Mr.
WILLIAM S. TREHANE, of Stockadon Villa, St.
Mellion, near Plymouth, Merchant, deceased, are requested to send the same
to Mrs. TREHANE, on or before SATURDAY the 14th day of March next.
Dated February 25, 1857
NOTICE
All persons indebted to the late Mr. ROBERT ALLEN, of
Falmouth, Brewer, deceased, are requested to pay their respective accounts to
Mrs. ANN ALLEN, or Mr. JOHN TRIGGS, at the Brewery, Falmouth; to whom the
particulars of all claims on the deceased should be forwarded.
Falmouth, February 11th,
1857
MR. RICHARD SAUNDERS
OF MANACCAN,
WHO has resided in New South Wales upwards of sixteen years,
and who returned from that place for England in 1854 for the benefit of his
sight, is now about to leave for Australia again. Any persons having any claims
on the said Mr. Saunders will oblige by forwarding the same at once at
Manaccan, Helston.
Dated 4th of March,
1857
THE
CHANCELLOR of the EXCHEQUER acknowledges the receipt of THIRTY POUNDS on
account of Income-tax, from one who designates himself � ANTI-TEETOTALLER.
MR. J.T. KEVERN,
MINE-SHARE DEALER. Cash on receipt of Transfer. Loan and
Discount Offices, Penzance. Established 1845
MR. ROBERT LINTHORNE,
No. 3 Adam�s Court, Old Broad Street, London,
TRANSACTS business in British
and Foreign Mines, also British and Foreign Railways, Docks, Canals and Gas
Shares, on the usual terms of commission. Particulars as to prices and any
other information given to parties applying.
MR. EDWARD S. CODD,
OF 25 CLEMENT�S LANE,
LONDON, (E.C.,)
BUYS and SELLS in Dividend and Progressives Mines on
Commission, or at Nett Prices. Being in communication with experienced and
trustworthy Agents in various parts of Devon and Cornwall, he is enabled to
give reliable advice to his clients. The names of Principals given.
Bankers � Bank of London.
Mines inspected and reported on by Practical Miners on
reasonable Terms.
Orders from Country Brokers
promptly and faithfully executed.
MARTYN�S APPETITE POWDER
(Prepared from the original recipe.)
THIS Powder is highly recommended and has been most
successfully used for the past half century in all cases of Loss of Appetite,
Indigestion, Lowness of Spirits, Heartburn and all complaints of the Head,
Stomach and Bowels.
Prepared only by T. Taunton Clarke, Chemist, Druggist,
&c. Bodmin.
Dr. De Jongh�s Light Brown Cod Liver Oil, and every other
article connected with the trade.
A Well Educated Apprentice
wanted.
A CARD.
LONDON TAILORING ESTABLISHMENT,
Terrace, Market Jew Street, Penzance.
J. PERROW, Mercer, Tailor, and professed Trowsers Maker,
Ladies Riding Habits, Juvenile Costumes, & c. every garment equal to
London. The art of Cutting taught.
Observe, two doors above Messrs.
Bolitho�s Bank.
GLENFIELD PATENT STARCH,
USED in the Royal Laundry, and pronounced by her Majesty�s
Laundress, to be the finest STARCH she ever used.
Sold
by all Chandlers, Grocers, &c., &c.
SLATE CHIMNEY PIECES,
FROM 7s. to 35s., of eighteen different designs which may be
had on application to C. BRENDON, Yeolmbridge Slate Quarry, Launceston; or to
Mr. W. VEALE, 15 Clarence Street, Plymouth.
Flooring
(first quality) 4d. per foot at the Quarry.
HEAL AND SON�s,
NEW ILLUSTRATED
CATALOGUE,
CONTAINS Designs and Prices of 150 different articles of
BEDROOM FURNITURE, as well as One Hundred Bedsteads, and Prices of every
description of Bedding. Sent Free by Post.
HEAL
and SON, Bedstead, Bedding, and Bedroom Furniture Manufacturers, 196 Tottenham
Court Road, London.
WORTH OF PUBLIC ATTENTION
STEPHEN�S
GOLDEN FLUID, or INDELIBLE MARKING INK, for writing on Linen, &c., with a
quill pen without preparation, is sold in Bottles at 1s. 6d. and d2s. 6d. each,
can be had by appointment of John A. Mackenzie, Draper and Mercer, River
Street, Truro;
John Perrow, Tailor
and Draper, Terrace, Market Jew Street, Penzance;
T. Knuckey, Hosier, Haberdasher, &c., Ludgate Hill, Falmouth;
H.V. Newton, Printer, Stationer, and Auctioneer, Camborne;
J.H. Reynolds, Printer, and J.
and H. Penlerick, Drapers, Redruth;
Curry and Son, Tailors and Mercers, Helstone;
T. Taunton Clarke, Chemist and Druggist, Bodmin;
P.D. Maddox, Bookseller and Stationer, Southgate Street, Launceston.
N.B. For the
accommodation of the Public Vendors continue to be appointed in any district,
the terms of which are Cash price, under the gross of each size. Future orders
at four months credit, free of the advertisement. Manufactory, 113 Cambrian
Place, Pershore Road, Birmingham.
Prizes for Practical Schools in the West of England
To the Value of One Hundred and Twenty Guineas.
TWO PRIZES of the value of �15 each, with numerous Prizes of
smaller value, will be offered for Competition in the Summer of 1857, to Boys
educated in the West of England, for Agriculture, Arts, Manufactures, and
Commerce.
�Notices to
Competitors,� explaining the nature of the Examination, may be obtained on
application to Mr. W. HARRIS ROBERTS, Assistant Secretary, 197 High Street,
Exeter.,
T.D.
ACLAND, Jun., Secretary.
FOR SALE AT FIFTEEN PENCE PER FOOT
FIFTY pieces of BALTIC TIMBER, from 15 to 45 feet long, 14 to
18 inches die square, very strong and fit for purposes where large scantling is
required.
JOHN
GATLEY.
Truro
and Bones Cellars, February 26, 1857
JOHN GATLEY
IS expecting the arrival of the �CHARLES CHALLONER,� from
Savannah, with a cargo of Pitch Pine, Mining Rods, Masts, &c., &c.
Bones
Cellars, Truro, March 4th, 1857.
TO MILLERS AND MILLWRIGHTS
MARY TREGELLES and SON, Ironmongers, Truro, beg to remind their friends, that as Agents of G.
Artingstall and Co., of Warrington, they continue to keep a large stock of
their Flour and Smut Machine Wire, and Brushes, the quality of which is well
known to be unrivalled.
M.T.
and Son supply Gilpin�s warranted Cast Steel Mill Bills at 1s. 2d. per lb., and
Blackmore�s Bolting Cloths, Machine Oils, and Grease, on the best terms.
Postscript.
LONDON, WEDNESDAY, MARCH 4, 1857
From the London Gazette.
Tuesday, March 3, 1857
PARTNERSHIP
DISSOLVED.
Joseph Bowhay and John Sims, of Drakewalls, Cornwall,
ironmasters.
BANKRUPTS
Gustavus Sichel, commission agent, New Broad-Street.
William Squires, Oxford-street, gun maker.
Marmaduke Chaplin, auctioneer Kingston-upon-Hull.
Thomas Henry Cogden, plumber and gas-fitter, Sunderland.
Thomas Young, the younger, mason and builder, Monkwearmouth,
Sunderland.
Edwin Mosley, golf-beater, Hyde-street, Bloomsbury.
John Bishop, cabinetmaker, Shrewsbury.
George Watmough, draper, Bolton.
John Demeza, cotton waste dealer, Manchester.
John Hooper Davies the younger, grocer, Bridgend,
Morganshire.
Richard Gelder, warehouseman, Bradford.
Frederick Hofman, merchant, Herbert-street, New-North-road.
Wm. Stapleton, contractor, No. 15 Wharf, Paddington.
John Martin Cooper, ship owner, Sunderland.
James Keyhood, jun., plumber, Littlehampton, Sussez.
Walter Sully, printer, Strand.
Henry Newman Kettle, grocer, High-street, Godalming, Surrey.
Wm. Brownsword Chorley, slate
merchant, High-street, Bloomsbury.
CORNWALL RAILWAY.
SPECIAL GENERAL MEETING
NOTICE IS HEREBY GIVEN, that a Special General Meeting of
the Proprietors in the Cornwall Railway Company, will be held at the Council
CHAMBER in the Town Hall of the borough of Truro,
on SATURDAY the 21st day of March instant, at Twelve o�clock Noon
precisely, for the purpose of considering the provisions of a Bill now pending
in Parliament intituled �A Bill for enabling the Great Western, Bristol and
Exeter, and South Devon Railway Companies to afford further assistance towards
the completion of the Cornwall Railway between Plymouth and Truro, for
extending the time fore the completion thereof, and for other purposes,� when a
draft of such Bill, and an agreement in relation thereto, will be submitted to
the meeting for their approval.
MICHAEL
WILLIAMS, Chairman.
W.H.
BOND, Secretary.
Truro, 3rd. March,
1857
WEST CORNWALL RAILWAY.
At he HALF-YEARLY GENERAL MEETING of the Proprietors of the
West CORNWALL RAILWAY held, pursuant to Advertisement, at the COMMERCIAL ROOMS,
in the city of Bristol, on WEDNESDAY the 25th day of February, 1857, �
LOUIS
VIGURS, Esq., in th The Advertisement convening the Meeting having been read by
the Secretary, and the Corporate Seal of the Company having been affixed to the
Register of Shareholders, the Report of the Directors and the statement of
Accounts were read; whereupon the following Resolutions were passed.
Moved by
the CHAIRMAN, seconded H.O. WILLS, Esq.: �
That the Report and Audited Accounts which have been
circulated among the Proprietors, be received and adopted.
Moved by H.
CLARK, Esq., seconded by T.P. JOSE, Esq.,
That the following gentlemen be re-elected Directors of this
Company, viz: �
G.M. HARRISON, Esq.
J.P. KENNARD, Esq.
EDWIN LEY, Esq.
GEORGE SMITH, Esq.
LOUIS VIGURS, Esq.
Proposed by
ROBERT TWEEDY, Esq., seconded by GEORGE BARKER, Esq.,
That ROBERT HART PIKE, Esq. be elected an Auditor of this Company
in the place of JOHN GEORGE TURNBULL, Esq., retired.
LOUIS
VIGURS, Chairman.
The
Chairman having quitted the Chair,
It was proposed by GEORGE BARKER, Esq.,
seconded by ? .Esq., and carried unanimously
Official
intelligence was received in London on Wednesday, to the effect that a
satisfactory treaty of peace with Persia was signed yesterday at Paris. Thus,
within a few hours of the factious vote of last night, we received another
conclusive proof of the wisdom and success with which Lord Palmerston
vindicates abroad the honour and interest of England. � Globe.
The Pays says: � �We learn by the latest
news from china, under date of December 15, that the Court of Peking had
published a decree prohibiting all subjects of the Celestial Empire from
trading with the English. Disobedience will be punished with death.�
The
official Moniteur, of Wednesday
morning, publishes dispatches from Hong Kong, dated 15th of January.
When the dispatches left, the European colony of Hong Kong appeared to have
been poisoned, and the family of Sir John Bowring especially was suffering from
great pain. All the Chinese bakers had fled. It is believed that these men have
poisoned all the foreigners. Fortunately, up to the moment of the mail
starting, no death has occurred. �Morning
Post (Second Edition).
LOCAL INTELLIGENCE
ECCLESIASTICAL.�Rev.
Thomas Cave Childs has been presented to the Rectory of George Nympton, Devon.
� We copied last week from a London paper an announcement that the Rev. J. M.
Bartlett had been appointed to the vicarage of St. Hilary. This, we are
informed, was an error. The Rev. T. Pascoe, vicar of St. Hilary had appointed
the Rev. J. Murray to succeed the Rev. J. M. Bartlett in the curacy of
Marazion, relinquished by him in consequence of ill health; and out of this
appointment it is presumed the above-named error originated. The Rev. R.K.
Cornish, vicar of Coleridge, Devon, has been appointed organizing secretary of
the National Society, for the diocese of Exeter.
THE
MINISTERIAL CRISIS. � On Mr. Cobden�s motion against the government on the
China question (ayes 265, noes 249, the government being defeated by a majority
of 16) the following members voted: For
the motion, H. Gwyn. Against it, and in favour of the government: �R. Grey, N.
Kendall, R. Laffan, W.W. Michell, C. Sawle, and H.H. Vivian. Mr. Robartes
paired off in favour of Mr. Cobden�s motion, with Mr. Hutchins against it. We
have also authority for stating that Mr. Michael Williams paired off with Lord
Lovaine. We observe however that Lord Lovaine gave his vote against the
government. The following is an analysis of the division on Mr. Cobden�s motion
(tellers included): � For the motion, Conservatives, 198; Liberals, 35;
Peelites, 22; Irish members, 10; total, 265. Against the motion, and in favour
of government: � Liberals, 228; Conservatives, 21; total, 249. A Cabinet
Council was held on Wednesday afternoon at the official residence of Lord
Palmerston, who afterwards proceeded to Windsor to have an audience with her
Majesty. The Morning Post, which is
considered to represent the views of Lord Palmerston, says: � �On such a
question, on a vote of censure, carried by such a combination, the course to be
taken, we presume, cannot for a moment be doubted. The present Parliament has
nearly run its legal term, and it has brought on itself its dissolution. That,
we have no doubt, will take place in as short a time as is consistent with the
discharge of the necessary preliminaries � those that are absolutely needed for
the current business of the country. That done, England will be called on to
declare itself.�
Mr.
KENDALL, M.P. for EAST CORNWALL. � We have received the following from Mr.
Kendall, dated London, March 4th: � To the Editor of the West Briton, Sir, � As there is a
discrepancy in the papers of this morning, as to the concluding remark I made
in last night�s debate, may I ask you to insert in this week�s paper, what I
meant to convey to my hearers, viz:
� �That if, under the name of a
Conservative Government, we were to have a large section of men of extreme High
Church views, I should feel, as a Conservative, much more safe, and prefer
remaining under the present administration of the noble lord the member for
Tiverton.� I am, sir, your obedient servant, N. KENDALL.
MUNICIPAL
ELECTIONS. �
Truro. � On Monday last
the retiring assessors and auditors were re-elected without opposition, viz.,
Messrs. Richard Barrett and Brenchley Barrett as revising assessors; Messrs.
Courtenay and W. Knuckey for the eastern ward; Messrs. T. Cuming and Netherton
for the western ward; and Messrs. Boyle and H. Jennings, auditors. � Penryn. � On Monday last, Messrs. R.
Sowell and J. Gill were elected auditors, and Messrs. S. Williams and J. Gray,
assessors for the ensuing year. �
Falmouth.
� On Monday last, Messrs. W. Penaluna and Samuel Drew, were elected assessors,
and Messrs. John Scorse and T.W. Curry, auditors of this borough for the
ensuing year. Penzance. � The annual election took place
on Monday last. Auditors: � Messrs. H. C. York and T. H. Bodilly, jun.
Burgess-list Assessors: � Messrs. R.A. G. Davies and W.H. Trounson. Assessors
for the east ward: � Messrs. C. Thomas and W.H. Trounson. West ward: � Messrs.
R.A.G. Davies and T. Cornish.
APPOINTMENT.
� We understand that the Lords of the Admiralty have appointed Mr. John COODE,
C.E. to be Engineer-in-chief to the harbour of refuge and breakwater now being
constructed at the island of Portland. This appointment has been made in
consequence of the death of the eminent engineer the late Mr. J.M. Rendel,
formerly of Plymouth. Mr. Coode is, we believe a native of Bodmin and has had
the superintendence of this great national work since its commencement in the
year 1847.
APOTHECARIES
HALL. � On the 26th ult., Mr. Thomas BOYLE, of Truro, passed his examination
in the science and practice of medicine, and received a certificate to
practice.
MARRIAGE
LICENSES. �
The cost of a marriage license is fixed by the Chancellor of this
Diocese at GBP 2 2s. 6d., on and after the 2nd of March. The Rev. C.W.
Carlyon, rector of St. Just, in Roseland, has been appointed by Chancellor
Martin, a surrogate for granting marriage licenses.
�[from an incomplete page]
A
petition has been lodged, and certain parties take a fiendish delight in
anticipating that the Bank of England will be found guilty. What a blow it
would be to respectability! What nucea
� I really cannot use the English word � to the Montague Tiggses! What scope it
would give to the brotherhood of the ticket-of-leave! A funny debate occurred
in the house the other night on this same bribery question. It was on the
motion from appointing a select committee to consider the subject. Mr. O�Brien
rose in a great fume, to complain that "Ireland was not properly represented on
the committee, and considering the great importance of the subject to the
community at large, and especially to Ireland, he trust," & c. But what he
trusted will never be known, for the house burst into a shout of laughter at
the idea of bribery being so especially an important subject to Ireland. Mr.
McCann, the member for Drogheda, was even Hibernior
Hibernicisipsis. "I am astonished, Mr. Spaker, at my honourable friend, the
member for King's County. I should like to know what Ireland has to do with
bribery, (loud laughter) when it's well-known that Irishmen never bribe, for
the rason that they�ve no money to bribe with. " (Perdect shouts) It seems that
the great characteristic of this Mr. McCann is that he never pairs with any
one, and when any one asks him to pair, he always answers, "No; sure its I that
never pairs. I never did pair but once in my life, and then I broke my pair."
March
3, 1857
CORNISH MINES - ROYAL
LAWSUIT - On Thursday morning the 25th ult., a curious
case of arbitration came before Sir John Patteson, at the Privy Council Office.
A dispute has arisen between the representatives of her Majesty the Queen, on
the one hand, and the representatives of His Royal Highness the Prince of
Wales, as Duke of Cornwall, on the other, in reference to the revenues of the
under sea mines on the coast of Cornwall. Some idea of the difficulties which
will attend the solution of this knotty point may be formed from the fact, that
the documents which are to be submitted extend so far back as three hundred
years before the birth of Christ. The proceedings in the suit are of a
perfectly friendly character, and have been referred to Sir John Patteson, in
order that any litigation in Chancery may be saved. The Attorney-General and
the Solicitor-General, Mr. W.M. James, and Mr. Willes, appeared for the Crown.
The Attorney-General for the Duchy of Cornwall, (Mr. Alexander, Q.C.), Mr.
Garth, and Mr. Hall, appeared for the Prince of Wales. The arguments which are
of technical and abstruce character, will last some time, after which the whole
of the documents connected with the question will be handed to Sir John
Patteson. When the right hon. Gentleman has duly considered the matter he will
make his award, which is has been agreed on both sides shall be final.
WILL
PROVED. � The will of Sir William Salusbury Trelawny, Bart., has been proved
under GBP6000.
SALE OF
TREGONY CORPORATE PROPERTY. � A correspondent send us the following
communication: � On Monday last was offered for sale all the corporation
property of the ancient borough of Tregony, including the tower and town clock.
Through the fall has buried the ancient church of St. James, and the mortal
remains of the worthies of Tregony some few fathoms in debris, and nothing appears to indicate the spot except some fine
poplars that grow luxuriantly in the otherwise barren waste of the Sand Park,
yet Tregony, through the munificence of one of her late members, has a tower
and town clock. Much, �as might reasonably be supposed,� was the indignation of
the men of Tregony, when they found their tower and town clock under the hammer
of Mr. Gummoe, with �40 bid, and will no one advance on the offer; and it
required the authority of the mayor, and a resolute flourish of the mace, to
maintain order; yet up went the hammer, and off would have gone the clock to
Australia, only the purchaser must take also the markethouse and the Fair Park.
Now, this was as great a puzzle to the Australian, as the pound of flesh was to
Shylock; so Mr. Gummoe�s hammer had �no go,� with the exception of the sale of
the Sand Park, which, with its accompaniments of late worth and independent
electors, was knocked down to a purchaser for �5, on a payment of 10s. 6d. to
the auctioneer, 10s. 6d. for a contract, and �3 3s. for the conveyance, stamps,
&c., and the furnishing of an abstract of title at the cost of purchaser if
required, Now, I think this shows that there is something more required in the
shape of reform, than the disenfranchisement of rotten boroughs.�
FAT COW. �
At Tringey, near Hayle, a fat cow was bought by Mr. Sampson, butcher, of
Penzance, for the market, and when the cow was killed, three fine young calves
were found. The cow is about 5cwt., and was bought of Mr. Thomas.
IMPORTANT SHIPPING CASE.
At the East
Kirrier Petty Sessions, held at Penryn, on Wednesday, the 25th ultimo,
before J.S. Enys, Esq., and a full bench of Magistrates; in accordance with the
decision of the Justices at the last Petty Sessions, held at Penryn on the 27th
of January, summonses were issued against Robert
Littlefair Seaton, the owner, and Robert
Langford, the ship�s husband of the brig �Volana,� of Padstow, to answer
the complaint of Mr. FREDERICK SWATMAN, as the Collector H.M. Customs, and
Shipping Master of the port of Falmouth.� That they did, in and about the month
of August last past, employ a person, to wit one WILLIAM GEORGE, as mate of the
said ship, without ascertaining that he, the said WILLIAM GEORGE, was possessed
of a certificate of competency or service, contrary to the statute in that ease
made and provided.� Mr. TILLY, who was engaged by the Board of Trade, addressed
the bench, declaring that the offence was a breach of the 136th
section of the Merchant Seamen�s Act, 1854, which enacts, �That no
foreign-going ship, &c., shall go to sea unless the master and mates have
obtained and possess valid certificates, either of competency or service,
&c.. That any one not complying with this Act incurs for each offence, a
penalty not exceeding �50. That the clause was very comprehensive, and
evidently embraced every person who should employ, whether owner, ship�s
husband, or master, or even all if they concurred in it. That the evidence both
of RICHARDS and GEORGE would show that the actual employment of the latter was
by Langford, the object being to save a chief mate�s wages.� Mr. TILLY then quoted portions of various
acts relative to the offence, and called on Mr.
Swatman, who repeated his former evidence on the subject, and produced the
official logbook of the �Voluna,� duly sealed, and therefore rendered evidence
by Sect. 285, of the act. He then read the following entry: � �August 30,
Falmouth. THOMAS LEUTY, mate, was taken sick, sent him on shore as he was unfit
to proceed the voyage; Wm. George, second mate, takes the chief mate�s place,
to proceed to Quebec, with Wm. George as chief mate, who had no cirtificate
[sp] whatever for that situation; and that list C. being an account of the crew
for the voyage, is dated FOWEY, 24th December, 1856, and contains
the name of the said Wm. GEORGE as second mate. The release of the crew was
also signed by W. GEORGE. MR. SWATMAN was CROSS-EXAMINED by MR. STOKES, and
stated that he had heard that there was difficulty in obtaining certificated
mates for merchant vessels.
Captain R. Henry Richards was
then called and stated that he was master of the brig �Voluna,� on her late
voyage from Falmouth to Quebec and back to Fowey Captain Langford, of
Roundwood, in the parish of Kea, was the ship�s husband, and had the entire
management and control of the fitting out of the ship for her voyage, and had
engaged the chief mate Thomas Leuty, and the second mate William George. That
Langford having engaged Leuty as chief mate, attended with witness at the
Custom House, Falmouth, on the 28th of August last, when Leuty
signed articles in his presence and the ship was cleared. That Leuty was to be
on board the following morning, and weather permitting the �Voluna� was then to
sail. That witness never saw Leuty on board, and did not believe he made any
preparation for the voyage. That he did not sail on the 29th as he
had no chief mate. That Langford urged witness to remove the ship from the
inner harbour to the roads in order to go to sea, and the pilot came on board
and unmoored the ship, but he refused to go as the mate was not on board. That
on the 29th, about eleven a.m., William George joined the sip with
his equipment for the voyage as second mate. That the pilot James Lowry came on
board at two p.m. In the evening the witness saw Langford, who asked him why he
had not gone into the roads, when he replied it was quite well enough to get
the anchor up. Langford told his he must get away the next day. At two p.m. of
the 30th, Lowry the pilot came on board by Langford�s orders, and
got the ship underway. The wind at the time was blowing fresh from S.W. When
between the castles Langford boarded the �Voluna,� and gave witness his
charter-party, which was the first he had seen of it, and made him promise not
to open it until the pilot was out of the ship. They were driven up to the
Eddystone, the wind having shifted to the westward and increased. Some of the
sails were split, and the ship strained so as to start some of the sheathing,
which was afterwards nailed on. On the voyage had heavy weather and made a
great deal of water. He believed the engagement of Leuty was a mere sham.
Langford brought on board a schedule G for him to sign, and on his refusal to
do so, Langford said he had turned the mates on shore before he got out of the
Liverpool docks, and that afterwards when he asked the collector there about
it, he answered that he had nothing to do with it, as he had complied with the
act. Witness afterwards signed the schedule G. CROSS-EXAMINED by MR.
STOKES � Captain Langford engaged the officers. He never urged me to get a
chief mate, but said he would do that part of the business himself. I did not
remonstrate at Leuty�s leaving. The official logbook is in my handwriting. I
had the �Voluna� repaired at Quebec. The witness admitted that he knew of the
engagement of the several officers by Langford, and he believed Langford had
made inquiries for a certificated chief mate.
William George was then called,
and stated on the 28th of August last he was at his residence St.
Mawes, when he received a message, from Captain R. Langford, ship�s husband of
the �Voluna.� He asked what wages would be given, and Langford said �5 per
month. Witness refused it, and �6 was finally agreed on. After dinner he went
with Captain Langford to the Custom-house and signed articles. Captain Richards
joined them at the Custom-house. Witness�s engagement was wholly with Langford.
Joined the next day. Never saw Leuty, the chief mate on board the �Voluna.� In
the afternoon Langford came on board, and told the witness the mate was sick
and he could not get another, and that he was to take his place when at sea.
Captain Richards was ashore. Nothing more was said about wages. Witness
proceeded in the �Voluna� on her voyage from Falmouth to Quebec and back to
Fowey, in the capacity of chief mate. When between the castles, going out of
Falmouth harbour, Langford came on board, when they hove to for him.
CROSS-EXAMINED by MR. STOKES. Never had any conversation with Richards.
Received �5 per month wages in my former ship; had �6 per month for doing chief
mate�s duties in the �Voluna.� Saw Leuty, but don�t think I spoke to him.
James Lowry, Trinity pilot, was then
called, who corroborated the former evidence relating to himself, adding only
that Captain Langford paid him his pilot money.
Mr. TILLY
now put in all the official papers in his possession connected with the case,
under the seal of the Board of Trade.
Mr. STOKES,
on behalf of the defendants, then addressed the Court, and spoke of the great
difficulty in obtaining, at the present time, chief mates in compliance with
the Act, and that he should prove that every inquiry was made to endeavour to
obtain one for the �Voluna,� at the different ports of Cornwall, but without
success. Leuty�s name was used to enable the ship to clear the Custom-house,
and save her insurance, which would become void if she did not sail on or
before the 1st of September; and also to prevent her incurring a
penalty of �500 under her charter-party. Mr. Stokes then said in conclusion, it
was not his purpose to deny the charge; but to prove to the magistrates � that
everything was done to obtain a chief mate, and not to save the expense of a
mate�s wages, as they had already given George a chief mate�s pay. That he did
not think that the 136th section implied that a penalty should be
imposed upon both Langford and Seaton; and that the conduct of Capt. Richards
was much to blame.
Mr. TILLY
here interposed, and said that he had received express directions to withdraw
the prosecution against Captain Richards and against Captain Seaton.
Mr. STOKES
read the clause in question, and contended that the penalty could be only
against one. Under all the circumstances he confidently submitted the penalty
should be nominal. Mr. Stokes then called.
Captain Langford, who stated that he had
made every inquiry for mates; and admitted that he got Leuty to sign articles
to obtain a clearance for the ship. CROSS-EXAMINED by Mr. TILLY. � Are you also
the ship�s husband of a vessel called the �Alchymist�? I have a little to do
with her. She belongs to Mr. Seaton. I do not know whether the �Alchymist� is
without a chief mate, at the present time. I employed Leuty and George.
Mr. Seaton was then called and produced
the policy of insurance and charter-party, which showed that it was absolutely
necessary the vessel should go to sea when she did. He was quite ignorant of
the engagement of Leuty, and that the �Voluna� sailed without a chief mate, is
well fitted for a voyage? I had one, though not certificated.
The
Justices gave the following decision: � The case of Captain Richards is
dismissed; and it is our unanimous opinion that the case of Captain Langford is
fully proved, and as he himself has acknowledged the evasion or �the man�uvre,�
we think the law will be fully carried out, so as to prevent its happening
again, by inflicting a penalty of GBP 20, and the costs of the day; had the
man�uvre not been admitted, we should have inflicted the heaviest penalty
provided by the act.
[This is the first case of the kind which has been tried
under the statute; and being of great importance to shipowners, and indeed, all
connected with shipping, it has been watched with great interest by persons
engaged in shipping in this county.]
[these brackets are in the press, not
transcription brackets]
FALMOUTH
QUARTER SESSIONS. � Theses sessions were held on Monday last, before the
Recorder, Mr. Cox, and the usual bench of magistrates. The Recorder addressed
the grand jury, and stated he was happy to find there were but three cases of
felony on the calendar; and he then proceeded to make some remarks on each
case.
The first prisoner tried was a marine of the name of Charles Jones,
charged with stealing from the shop of Francis Pascoe, in Webber street, 1 lb.
of cheese and a loaf of bread. The prisoner went into prosecutor�s shop, and
asked for the bread and cheese, and whilst prosecutor�s wife was taking up some
herrings, which he also looked for, prisoner snatched up the bread and cheese
and ran off. He was found guilty, and sentenced to six weeks imprisonment.
Christopher Clarke was the next prisoner, he being one of a number of discharged
soldiers landed from one of the Dublin steamers, who were taken in to the
Spread Eagle Inn, kept by Mr. Pleming. The landlord could not give them beds,
but told them they might sit up by the fire till they were going on board again
in the morning of the 2nd of January last. Prisoner left the room,
where a party of eight persons were having supper and refreshments, and broke
open the till of the bar, and stole there from a silver box, a five pound note,
several sovereigns, and some silver. The case was clearly proved, and the
prisoner found guilty and sentenced to six months hard labour.
George
Richardson, a seaman, was charged with cutting and stabbing Anthony Rowe. It
appeared that a party of men, about seven or eight, went to the house of William
Williams, whose wife makes mutton pies for sale, at a late hour on the 18th
of January, and demanded admittance to have some pies. They were told it was
too late, and that none were to be had; they began to kick the door and use
violence to get in. Mr. Williams asked them what they wanted, and they said
some matches. He asked if he gave them some, would they then go away, They said
they would; but on his opening the door they rushed in and began to ill-use the
persons inside. He ran off for the police, and Mrs. Williams screamed �murder,�
upon which Anthony Rowe, a neighbor, went to her assistance, and with another
person got the party out; they then broke the window shutters, and on Rowe
opening the door, the prisoner rushed on him with a long knife and stabbed him
in the right shoulder, and slightly cut his arm. Mr. Williams, surgeon, stated
the wound was five inches long and about two deep at the upper part; the skin
was slightly cut in the other wound; he put some stitches in the larger wound,
and the man was now got over the injury. Prisoner�s solicitor tried to show
that the wound was accidental; that as the prosecutor opened the door, the
prisoner with others who were trying to gain admittance, struck the man instead
of the door. The jury found the prisoner guilty, but recommended him to mercy.
The Recorder said the act was one of a very grave character and ought to be
visited with a heavy punishment, and had the jury not kindly recommended him to
be merciful, he should have given him a heavier sentence. He should therefore
sentence him to six weeks imprisonment with hard labour.
After hearing an
appeal against and order in bastardy, the jury proceeded with an indictment
against Ann Roberts, widow, for keeping an house of ill-fame in the borough.
The evidence was of the usual description in such cases, and bore out the
indictment, and the jury found the prisoner guilty. She had been some time in
prison, and was now sentenced to three months in gaol, with hard labour.
The
Recorder subsequently dined with the corporation at the Royal Hotel, where Mr.
Ellis presided as deputy mayor, in the place of Mr. S. Blight, who is unwell.
BUDE. � The
new schooner �Elizabeth Scown,� was launched on Monday last, at two p.m., from
the building yard of Mr. Robert Stapleton, for Capt. Oliver Davey, of Bude, her
owner. She registers 108 tons, builder�s measurement.
BRIG
FOUNDERED. � The Brig �Jason,� of Sunderland from Scala Nova and Queenstown for
Dunkirk, with a cargo of Dari, was in contact on Sunday last at mid-day, about
twenty miles S.S. W. of the Lizard, with the Belgian Bark �Duchesse de
Brabant,� from Odessa, and almost immediately sunk. The crew, with the
exception of the master, were saved.
NEGLECT OF
HIGHWAYS. � A correspondent writes as follows: � �As reform is the order of the
day, and a great number of abuses remain as yet unreformed, I must solicit your
valuable assistance as a terror to evil-doers, and to hasten a remedy in the
following instance: � During the heavy rains some months since, the foot-bridge
over the river which divides the parish of Redruth from Illogan, and intercepts
the main road from Redruth to Portreath, was washed away, and has not yet been
replaced. The postman has been delayed for two or three hours at a time, and in
the end obliged to press the services of some friendly cart to enable him to
cross at all. A slender plan has been placed by some one, which is useless and
dangerous, as it is not secured at either end, and so narrow that three persons
have nearly lost their lives in the attempt at crossing after nightfall. The
postman fell over a few weeks since, and was nearly washed away, bags and all,
and until one of her Majesty�s liege subjects has been sacrificed, it is
feared, as in many other cases, the remedy will be delayed. Trusting this will
meet the right eye of the right individual so that he will be induced to place
a firm bridge in the right place, I am, sir, your obedient servant, A
LOOKER-ON.
CORONER�S
INQUESTS. � The following inquests have been held before Mr. JOHN CARLYON,
county coroner:
� On Saturday last in Gwennap parish, on the body of John
Darlingstone, miner, aged 34 years, who was killed underground in the United
Mines, on Friday last. From the evidence given at the inquest, it appeared that
the decease and three other miners were employed in taking down a pentice at
the back of the 194 fathoms level in Garland�s engine shaft. Two of them were
on the pentice taking off the timbers, and handing them to the deceased, who
was standing on a kind of solar in the shaft about eight or nine feet below,
and as he received them he handed them over to the fourth man who was in the
level putting them away. While so employed, the timbers on which the deceased
was standing gave way under him, and he was precipitated down to the bottom of
the shaft, about fourteen fathoms below, where his comrade found him quite
dead. Verdict, �accidental death�
� On Tuesday, at Lanyon�s Alms House in the
parish of Kea, on the body of Joanna Robins, one of the inmates, aged 67 years,
who was found dead in her room on Monday morning. Mr. Slyman Michell having
given it as his opinion that the cause of death was some organic disease of the
heart, the jury returned a verdict to that effect.
- On Wednesday, at East
Wheal Rose on the body of John May, miner, aged 35 years, who was killed there
on Tuesday last by falling from the forty to the ninety fathoms level. It
appeared that the deceased was employed as a kibble. Filler at the forty fathom
level on Tuesday last, and that in the course of the day the gate, or one of
the pieces of timber by which the kibble was guided into the plat, broke; a
fresh piece was consequently sent down to supply its place, and it is supposed
that in taking it out of the kibble, he overbalanced himself and fell into the
shaft. Verdict, �accidental death.�
13 MARCH 1857, Friday
TOPOGRAPHY OF CORNWALL, No. 3.
PARISH OF LANHYDROCK
The Parish of Lanhydrock takes its
name from the position of its church Lan-y-dourick, meaning the church under a
watery hill, a most apposite appelation.
Lanhydrock is in the hundred of
Pyder and about two-and-a-half miles from Bodmin to which it is attached as a
portion of its parliamentary borough..
The parish contains 1680 acres, a
great portion of which is occupied by the mansion and grounds of Lanhydrock
House. The population in 1801-187; 1811-235; 1821-251; 1831-239; 1841-263;
1851-231..
The living is a curacy in the gift
on the Hon. A.M. AGAR, who is 1847 built a handsome and commodious house for
the present perpetual curate, the Rev. Charles GRYLLS, who was licensed October
22nd, 1844. He was preceded by Dr. Flamank, Fayrer, and Kendall. The incumbent
has usually been presented with the sinecure Prebend of Morneys in Endellion,
also in the patronage of the Hon. A. M. Agar. The tithes are commuted at �150. [GBP 150].
The church is pleasantly situate
near the house, and at a little distance appears to form a part of it. It
consists of a nave, chancel, and two side aisles, and its appearance both
external and internal is that of extreme neatness. The Royal Arms are those of
James the First, and are dated 1621. The funeral hatchment of the Hon. C.B.
Agar hangs over the family pew. On the floor near the communion rails is a
stone commemorating one of the TRENANCE Family, who by Johan, his wife, daughter
of Nicholas KENDALL, esq., had one son and five daughters.
On the south wall is a
portion of a late monument which formerly commemorated George CARMINOW of
Polmaugan, who died in 1599, and Jane his wife, daughter of John LOWER who died
in 1609. The remaining portion has the arms of Carminow emblazoned on it. Some
Latin poetry and the following lines commencing with a play on the family name
: -
The care of mine I owe, to Car-myn-owe
Obliged by love and by that worthy name
Rouseth now up my muse�s trump to blow
In these sad obsequies true virtue's fame.
Sad in the eclipse of once parents' life
Which forceth nature's quintessence of tears
But splendant virtue of once man and wife
In posterous - living - pledge great joy repairs
For phoenix-like in happy parent wise
They leave their young though they in cinders lie
Who plumed with fame's mounting wing doth rise
And to a pitch eternizing doth fly
And well-a ph�nix being sole but one
At that sole name so fully near extinct
Redoubled is through Heaven's power alone
Is this sole one by grace's mere instinct
And for these generous parents George and Jane
Being here interred amongst their predecessors
These sympathize in virtue grace and fame
Their future crown, and likewise their successors
Which crown of theirs the world shall aye contain
For these effects of theirs and life's integrity
Turn for their soulds we hope in Heaven remain
With full fruition of true eternity
On other tablets of marble are the
following inscriptions. In memory of Lady Essex Speccot, youngest daughter of
John Earl of Radnor, who dyed on the last day of April is the year of our Lord
1639 and lyeth buried near this place.
Sacred to the memory of Nicholas
COLE, late of Trebyan, who departed this life the 23rd day of August, 1821, aged
46 years. Also of Mary the daughter of the above Nicholas Cole, who died 19th
July, 1820, aged 3 years. This tablet was erected by his
affectionate widow.
Sacred to the memory of Thomas JANE,
late of Newton, in this parish, who died April 13th, 1848, aged 72. Through the
course of a long life he endeavoured, as far as human infirmity will permit, "to do justly, to love mercy, and to walk humbly wth his God." This tablet is
erected to his memory as a tribute of repsect and admiration, by a friend and
neighbour, who for twenty years had the opportunity of witnessing his
unostentatious but consistent course in the path of christian piety and virtue..
No monument commemorates the Earls
of Radnor, who lie interred here..
The basement story of the tower opens
into the church, and has a window of painted glass, on which in the following
inscription: �-Erected to the memory of Judith Catharine NORWAY, died September
11, 1848, aged 33 years. This lady, daughter of Nicholas Cole, Esq., late of
Trebyan, in this parish, was the wife of Neville Norway, Esq., who resides at
Trebyan..
Lanhydrock House, the property of
the Hon. A.M. Agar, and the residence of Thomas James Agar ROBARTES. Esq., M.P.
for East Cornwall, her son, forms three sides of a quadrangle. The fourth side
was taken down by Mr. George HUNT, who also removed the walls connecting it
with the barbican, thus leaving a considerable space open between that and the
mansion..
The present occupier is again
connecting the two buildings, by enclosing the intermediate space by a
crenellated wall, ornamented with pinnacles that once formed a portion of the
house removed by his predecessor, and the barbican is once more to be the chief
entrance to the mansion..
Over the carriage archway are the
initials J.L.R., and the date 1851..
From the latter building to the
entrance to the park at Respryn is an avenue of sycamore trees, planted 215
years ago. Many of them are quite dead, and others are rapidly going to decay.
A sort of avenue in reserve is formed of flourishing beech trees, which appear
to anticipate their intended use..
The north entrance of the park is
thorugh an avenue of sturdy oaks, apprently much older than the trees forming
the main avenue.
The manor of Lanhydrock belonged at
an early period to the GLYNNS, by an heiress of which family it was carried to
the Lyttletons. The heiress of the Lyttletons married Trevance, and in 1620,
Lyttleton Trevance sold it to Sir Richard Robartes. This manor extends to the
borough of Bodmin, and stretches into the parish of Cardynham..
The manor of Treffry, also extending
into the borough of Bodmin, was once the property and seat of the TREFFRYS of
Fowey, but has been attached to the Robartes estate since the reign of Charles
I. The royalty of this manor belongs to the Rev. W. Phillipps FLAMANK, rector
of Lanivet.
Resprin, in this parish, was
formerly a seat of the family of PRIDEAUX, from whom it passed to a younger
branch of the Carminows of Polmaugan. There is an ancient bridge over the river
Fowey, and the principal entrance to Lanhydrock park..
P.
and S.
CHARGE OF ASSAULT. Central Criminal Court, March 4. (Before Mr. Justice Erle and Mr. Baron
Bramwll.)
Dr.
James Mitchell WINN, a physician, and Thomas
TINLEY, surrendered to take their trial upon an indictment which charged
them with feloniously cutting and wounding Mark Benjamin BENHAM, with intent to
do him grievous bodily harm. Serjeant BALLANTINE was retained
specially, with Mr. ROBINSON, to conduct the prosecution; Serjeant PARRY was
also specially retained, with Mr. SLEIGH, for the defence..This indictment appeared to have
been preferred under the following circumstances : Dr. Winn held the lease of a
house in Finsbury-square and he carried on there his professional practice, and it appeared that in the course
of last year, the prosecutor, Mr. Benham, who is the managing clerk of Mr. W. JONES, an attorney, entered into an arrangement to occupy a portion of the
house, for the use of his family, Dr. Winn still retaining some rooms on the
ground floor for the purposes of his profession, and also a bedroom in the
upper part of the premises.
There appeared to be
no doubt that very soon after the arrangement in question had been carried out,
and the proesecutor and his family had taken up their abode in the house, a
great deal of ill-feeling arose between the prosecutor and Dr. Winn, and that
there were frequent altercations and disputes between them, and that these
disputes eventually lef to the occurrence that was now the subject of inquiry.
The assault in
question appeared to have been committed about twelve o�clock at night on the
29th of December, and, according to the case for the prosecution, Mr. Benham,
his wife, and the family, consisting of two sons and a daughter ,were about to
retire to bed, the bedroom of the prosecutro being on the same landing as the
one occupied by Dr. Winn, and as he was about to enter his room, the latter
came out of his bedroom, rushed upon the prosecutor struck him with his fist,
and forced him partly to the ground, and while he was in this position he
called to the other prisoner Tinley, who, it appeared, was the doctor�s
servant, to come to his assistance. It was stated that upon his doing so, Tinley
ran up stairs, exclaiming that he would give the prosecutor a pill, and with a
poker struck struck him a violent blow on the head, and inflicted two
very serious wounds, and under these circumstances the present indictment was
preferred against both the prisoners.
The prosecutor, who is a member of
the Jewish persuasion, and who appeared to be much younger and more powerful
man than Dr. Winn, proved the facts as above narrated, and, in his examination
in chief, he stated that the assault was committed without any provocation being
given on his part.
In cross-examination,
however, he admitted that there had been frequent disputes between his family
and Dr. Winn, and he would not deny that as he was passing Dr. Winn's bedroom
at the time the assault was committed, he called out that he was a swindler and
that he had used the same expression towards him on several occasions. He
accounted for calling Dr. Winn a swindler by stating that he had reason to
believe that, although he had always paid him his own rent regularly, Dr. Winn
had not paid his landlord, and that consequently his goods and property were
liable to seizure; but it did not appear that an execution had every been put
into the premises, and there did not seem to be any foundation for the
assertion that Dr. Winn was in arrears for rent.
In answer to other questions put
to the prosecutor, he denied positively that he had ever told his children to
make noises to annoy the defendant, Dr. Winn, or that his object was to compel
him to leave the house, in order that he might himself obtain possession of the
lease..
Mrs. Sarah Benham, the wife of the
prosector, his daughter, and Albert Benham one of the sons, were also examined,
and they confirmed his evidence as to the genreal character of the assault. The
son, however , admitted, in cross-examination, that Dr. Winn had repeatedly
complained of the noises that were made in the room over his head, and that he
had also complained of old broken chairs and dirty things being left in the
passage of the house. Two of the witnesses also stated that on the same day the
assault was committed, Dr .Winn had challenged the prosecutor to fight, and
that both he and the other prisoner Tinley, threatened to do something to him
before night. It appeared, however, that was the first time they had made this
statement.
Serjeant Perry made a very able
address to the jury on behalf of the prisoners, and after observing upon the
very serious consequences that would result from the conviction of a gentleman
in the position of Dr. Winn of an offence of this description, he said he
trusted that when they had looked at all the facts of the case they would feel
that both the prisoners ought to be acquitted, not only upon the the charge of
felony, but even of one of common assault.
He then proceeded to observe upon
the facts as they appeared in evidence, and urged that it was clear that Dr.
Winn had been insulted in the most gross manner a professional man could be by
the prosecutor and his family, and that on the night in question, when he had
gone quietly to his own bedroom to retire to rest, he had called him a
swindler, and upon this sudden insult he had committed the assault, and that
the object of the prosecutor was to get him within the meshes of the law, in
order that he might carry out his own objects in reference to the lease of the
house.
The learned serjeant then called the attention of the jury to the
disparity between the size of the prosecutor and Dr. Winn, and he said he was
instructed, that in the scuffle that took place between the parties and which
had been occasioned by the insult the prosecutor had put upon Dr. Winn, the
latter was forced to the ground and nearly strangled, and the only share the
other prisoner, Tinley, took in the matter was to do what he considered
absolutely neccesary to protect his master from the prosecutor's violence, and
he concluded by stating that if the jury should be of opinion that these were
the real circumstances of the transaction they would be justified in saying
that both prisoners were not guilty.
A great number of highly respectable
witnesses were called to speak to the character of Dr. Winn, and they all
concurred in describing him as a man of the most honourable character, and of
mild and gentlemanly habits..
Mr. Justice Erle summed up the case
with great care and impartiality, and the jury, after a short deliberation,
acquitted both prisoners..
There was an attempt at applause
when the verdict was pronounced, which was, however, repressed by the officers
of the court..
There was another indictment against
the defendants charging them with a common assault arising out of the same
circumstances, and Serjeant Ballantine at first expressed an intention to
proceed with that charge. Upon a suggestion, however, being made by the court
that the ends of justice has been satisfied by what had already taken place in
the matter, and that no substantial result was likely to issue from the several
indictments being tried, there was a consultation between the counsel on both
sides and the prosecutor, and after a short delay it was arranged that no
evidence should be offered in support of the charge of common assault, and an
undertaking was given on the part of Dr. Winn, to release the prosecutor from
his agreement in respect of the occupation of the premises, giving him till
Midsummer to make the necessary preparations, and it was undertaken on both
sides that no further breach of the peace should in the meantime take place.
A verdict of "Not Guilty" was
accordingly taken, and the defendants were discharged.
[�] of the Barley Sheaf Inn, Bodmin, for recovery of the sum
of �15, damages sustained by Mr. PYE by
the cutting and lopping, by the order of the defendant, of certain ornamental
beech, elm and ask trees, standing or growing on the estate of Penquite, in the
parish of Bodmin, the property of the plaintiff, and of which the defendant is
tenant under lease for fourteen years, and for the conversion to his own use of
the wood and timber so cut. Mr. WALLIS appeared for plaintiff, and Mr. SOREY,
of Fowey, for defendant.
Mr. WALLIS opened the case to the jury and called the
plaintiff who said: - I reside at Boconnion House, near Bodmin, the defendant
is my tenant under lease of Penquite; he has occupied it since Lady-day 1852.
The timber on the estate is very old, some of it nearly 100 years old; it was
very ornamental, and a great protection to the buildings and particularly to
the mowhay. The trees principally overhung pasture land. The trees were
reserved in the lease. The appearance of the trees was highly estimated, and
that was very much injured by the lopping. I estimate the damage done to the trees at
more than �100. [GBP 100}
I would not have had it done for that sum. The buildings are
now exposed to the wind, and the appearance of the farm destroyed. I never gave
defendant consent. Cross-examined by Mr. Sobey. - I have not spoken to the
defendant for upwards of twelve months; I never had an angry word with him; he
pays his rent quarterly; my reason for making him do this is because I heard he
was about to emigrate. I was never asked by him or anybody else or be allowed
to lop the trees; no previous tenant ever had liberty to do so.
.The following
witnesses were then called as to injury & c. - Mr. Thomas PYE (plaintiff's
son); Mr. James BROWNE, of Bodmin, mason; Mr. Edward PETT, of Simonward,
carpenter and builder, Mr. John LAKEMAN, of Costislost, agent to the late Sir
Wm. Molesworth, and Mr. Thomas MILLS, of Bodiniel, in Bodmin, who proved the
damage likely to be caused to the buildings by the lopping of the trees, and
the mowhay, and as to its having completely spoilt the ornamental part of the
farm and considerably lessened the value of the property.
Mr. Sobey then
addressed the jury, and contended that the trees were so lopped to prevent
injury to the garden and fields, that he (Whiting) as tenant was entitled to
lop them. The defendant not calling any witnesses, his Honor proceeded to
carefully sum up and explain the case to the jury, after which the jury retired
for about a quarter of an hour and returned into court with a verdict for the
plaintiff, damages �3. [GBP 3]
COMMITTAL. - On Monday last, two women, inmates of the St. Austell union house, were
charged before Mr. E. COODE, jun., with endeavouring to effect their escape
after leaving the church, and intending to leave their children on the parish.
Mr. MANUELL, however, the master of the house, had a sharp eye on them, and
followed them. They were each committed to prison for a fortnight.
FOUNDERING
OF A VESSEL. - On the night of Thursday the 5th instant, as Matthias
DUNN, a fisherman of Mevagissey, was on his way to Plymouth with pilehards, he
espied a small boat about five miles north of the Eddystone, with three men in
her. He spoke to them, and found they were the crew of the smack "Edward," of
Penryn, RICHARDS, master, which had just foundered on her way from Penryn to
Plymouth with a cargo of cut granite. The captain could not account for it, but
supposed a butt must have started. She appeared to be all right when they left
Penryn, when all at once they found her sinking, had just time to get into the
boat which was towed at the stern, and down she went. The men lost all their
clothes except what they had on. Dunn took them on board his boat and brought
them into Plymouth, where he landed them. The vessel was the property of Mr.
NEWCOMBE, of Penryn.
CORONERS�
INQUESTS. - The following inquests have been held by Mr. HICHENS, coroner; - On
the 6th instant, in the parish of Sithney, on the body of Philip
ROBERTS, aged 78 years, who went to a leat to drink, and was afterwards found
beneath a hedge in a state of insensibility and died on the following morning.
Verdict "accidental death."
.On the 9th instant, in the parish of
Ludgvan, on the body of Richard BENNETTS, aged five years, who accidentally
caught his clothes on fire in the absence of his mother for a few minutes from
her house, from whence she had gone to a village in the neighbourhood to fetch
some potatoes. The child survived the accident several days and died on the 8th.
Verdict "accidentally burnt."
.On the 11th instant, in the parish of
Mullion, on the body of John SHEPHARD, aged 61 years. The deceased who up to
the moment of his death was apparently in perfect health, had come from his
dairy into the kitchen, and was in the act of turning his chair towards the
fire, for the purpose of sitting in it, when he fell forward on his face to the
floor, from whence he was taken up dead. Verdict, "natural death."
A
DEVONSHIRE JURY. - At the Devonshire intermediate sessions, Thomas PARROTT, 68,
a book-hawker, was charged with stealing at Tormoham, on the 11th of
September, 1850, certain moneys, of Herbert COPPLESTON. The offence with which
the prisoner was charged was committed nearly seven years ago. Evidence having
been given, and the chairman having summed up the case, the jury consulted, and
the foreman said they found the prisoner guilty of being in the shop. [Laughter] They could not say he did it. [He meant, took the money produced in
court] There were doubts in the case, and they recommended him to mercy. [Laughter] ..Mr. FULFORD: The verdict which you have given amounts to not guilty.
You have not to say whether he took the money produced, but to say whether he
stole money out of the till; and you must say whether he is guilty of that or
not. The jury re-consulted, and the foreman announced their decision: We find
him guilty of taking money out of the till, but we recommend him to mercy on
account of his age, and because he had been transported seven years already. [Laughter]
.A second felony, committed in September, 1850, was proved against
him. The chairman passed sentence of six months imprisonment with hard labour.
A HOARDER OF MONEY. - On Monday
last, Mrs. Sally GILES died at St. Ives, at the advanced age of 87 years. For
nearly thirty years she has been receiving parochial relief from St. Ives
parish, and alms from the most respectable persons in the town. On the morning
of her death she informed the Rev. Mr. TONKIN who visited her, that she was in
great distress, and he relieved her wants, Since her death about �170 has been found in the house, which has been
given to her three nephews.
AND SAVAGE
RESISTANCE OF A THIEF. - A stalwart, well-dressed young fellow, who gave his
name as Thomas WRIGHT was brought up before the county magistrates sitting at
Bath on Tuesday, charged with stealing a gold watch, and also with savagely
assaulting Superintendent Wright, of the Chippenham police, under the following
circumstances: - It appeared that on Monday there was a pigeon shooting match
in a field near the Folly Tavern, which is situated between Bath and the village
of Bathampton. A large number of people were in attendance, and after the match
the prisoner and several others, all of them strangers to Bath, collected a
crowd around them. Presently the prisoner snatched a gold watch form the pocket
of Mr. Green, of the Exeter Inn, Bath, but was immediately seized and thrown
down, upon which he handed the watch to another party, and it was returned to
the owner.
The prisoner then, by the aid of [..., made] his way through the crowd, and being
pursued, made his way to the river Avon, into which he plunged, and swam to the
opposite bank.
Here, however, by a lucky accident he was brought to bay.
Superintendent Wright, of the Chippenham police, happened to be driving along
the London Road, and, having a view of what was going on upon the opposite side
of the river, he alighted and ran down a field, arriving just in time to meet
the prisoner as he emerged from the water. Though almost exhausted, and
shivering with cold, the prisoner made a desperate resistance against the
attempt of the superintendent and several labourers whom he had called to his
assistance to capture him. The knife fortunately was knocked from his hand,
upon which he closed with the officer, and bit him in the arm and face in the
most savage manner, tearing the flesh of one cheek so badly that the officer
was afterwards obliged to go to the hospital to have it dressed. The prisoner
was ultimately, with much difficulty, secured, and, tied hand and foot, and
conveyed to the Bath police station. As Superintendent Wright was unable to
appear against him on Tuesday, the prisoner, who is unknown in Bath, was
remanded.
Imperial Parliament. HOUSE OF LORDS. Monday, MARCH 9:
The Earl of
SHAFTESBURY moved that certain queries should be submitted to the judges
touching the legality of the arrangements made by the East India Company for
the cultivation of the poppy in India, and the sale of opium in China. This
trade from which the company realized a large revenue, was, he contended,
carried on by pandering to a destructive vice, and infringing the law of the
Chinese empire. He enlarged upon the disgraceful character of the traffic, upon
the immorality to which it administered, and the violation of international law
by which it was necessarily accompanied.
ECCLESIASTICAL - The Rev. T. H. EDWARDS, son of Mr. Edwards, Mayor of Helston, has been appointed incumbent of All saints, Bishops-Wood, Herefordshire..........................WADEBRIDGE FAIR - This fair held on Tuesday last, was very scantily supplied with sheep and bullocks, especially the former, not more than three or four pens being offered for sale,a d these were soon disposed of at 8 1/2 d. per lb. The prices demanded for working oxen and other store cattle were excessively high, still a good deal of business was done in this description of cattle, in comparison to the quantity offered for sale. Fat beasts were not so dear; good beef fetched from 60s to 65s per cwt..............................TRESILLIAN PROVIDENT SOCIETY - On Monday the 2nd inst., the members of this club, of which mr. Matthew TRUSCOTT is the president, met at the Ship Inn, when they divided, pro rata, GBP 525, leaving a balance in their bankers hands of GBP 500 odd, as a reserve fund. The foregoing is a proof of what may be done by a few working men when untied for a useful and honest purpose...
TEETOTALISM � Last week Mrs. HARDWICK gave four lectures in
the Assembly Room, Truro, to crowded audiences, and one in the Wesleyan Free
Chapel to an overflowing house; 180 persons took the pledge during the week.
LISKEARD � On the 2nd instant, the following were
elected for the year ensuing. Mr. John ABRAHAM and Mr. John SQUIRE, Auditors;
and Mr. Richard BORROUGH and Mr. Richard CLOGG, Assessors.
HESSENFORD FAIR � This fair, held on Monday the 2nd
instant, was well attended by farmers, butchers, and others. There was an
excellent show of cattle, and about 400 sheep, which were nearly all sold at
high prices; after which about 100 persons partook of an excellent dinner
provided by Mr. William GILES, at the Cornish Arms Inn, Hessenford, who
deserves great praise in getting up the fair, and for the attention paid to his
guests. The following prizes were awarded by the umpires, Messrs. NICHOLS,
JASPER, and CONGDON: For the best ox, Mr. B. SAMBELLS, St. Germans; second best
do, Mr. T. BRAY, St. Germans; third best do, Mr. J. SOBEY, Menheniot. For the
best cow, Mr. E. GEAKE, St. Germans; second best do, Mr. N. ROSEVEARE,
Sheviock; third best do, Mr. J. ARTHUR, St. Martins. Best ten sheep, Mr. R.
ROSEVEARE, St. Martins; second best do, Mr. H. BLAKE, Landrake; third best do,
Mr. W. VOSPER, St. Germans. Great credit is due to the umpire sin making their
awards, which gave general satisfaction. Next year it is hoped, by liberal
subscriptions, to increase the premiums for different sorts of cattle.
BODMIN COUNTY COURT � The monthly sitting of this court was
held at the Assize Hall on Wednesday week, when there were eighty plaints and
two summonses issued for commitment.
PYE v. WHITING � This action was brought by the plaintiff,
Mr. George PYE, of Boconnion House, near Bodmin, against his tenant, Mr.
William Hoskin WHITING. ([he rest of this article was included on our 1st
send.]
.......................ROBBERY AT THE REDRUTH RAILWAY STATION - We stated last week the circumstances connected with this case, and that Superintendent ARMITAGE, of the West Cornwall Railway police, succeeded in tracing the affair, and sent Police Oficers TREGONING and HODGE to Illogan, & c. We have since received a letter, signed by the officers, Tregoning and Hodge, stating that they were not sent by Superintendent Armitage, but rraced out the affair themselves, arrested the thief, and discovered the stolen property, without the assistance or suggestion of the superintendent.........................STEALING LEATHER - On Saturday last, James PASCOE and Charles JENKIN, masons, of Truro, were committed by the Mayor and Mr. CHAPPEL, magistrate, to take their trial at the assizes for breaking and entering the wrehouse of Messrs. FERRIS, tanners, of Truro, and stealing thereform a butt of leather, value GBP 2.16s. Pascoe sold the leather to Mr. MARTIn, who keeps the Hope Inn, St. Clement Street, for 12s. 4d. He told the landlord he found it on the road.
TRURO COUNTY COURT
At this court, held on Friday last, there were 103 plaints
entered; but a large number of them were settled, and ony a few cases defended
by attorneys. In the case of Joseph DUNSTAN, of Truro, Merchant, against Benjamin
P. BATTEN of London, Mr. HOCKIN appeared for the plaintiff, and Mr. ROBERTS
watched the case on behalf of defendant. It was a claim by plaintiff against
defendant as an adventurer in East Boscean mine, on account of two parcels of
cast steel, value GBP 17 11s.6d, supplied by plaintiff to the mine and
delivered in September 1855, and April 1856. Plaintiff proved the supply of the
goods, for which he received a verbal order from Mr. Richard MICHELL, the
purser of the mine.
Capt. Joseph HIGGINS, the agent of East Boscean, proved the
delivery of the steel for the use of the mine; and Mr. Richard MICHELL, the
purser, stated that he gave the plaintiff the order in question; and he
produced the cost-book and some letters to show that defendant was an
adventurer in the mine. It was stated also that defendant had not paid his
calls, which was the reason of his being sued for this debt.
Mr. Roberts said he had looked into the cost-book, and being
satisfied that Mr. Batten was an adventurer, he had no defence to offer. His
Honor then gave judgment for the plaintiff, with costs.
Committals � The following were ordered to be committed, for
non-compliance with judgments of the courts & c.: -- John NANCARROW v. W.
BENNY, debt 11s.7d. Defendant was ordered to be committed for twenty days, for
non-payment; but the order was suspended for a month, the committal to take
effect if the debt and costs are not paid within that time.
John ERSKINE v. Samuel LEDDICOAT, debt GBP
2.18s.5d. Defendant was committed for twenty days, but the order to be
suspended on condition of his paying 10s. a month.
Same Plaintiff v. William CARBIS, debt 15s;
committed for twenty days, but the order suspended for three months to see if
defendant would pay.
Same Plaintiff v. Joseph BILLING, debt 18s.3d.;
defendant was committed for twenty days, but the order suspended one month.
Same Plaintiff v. Ferdinando PASCOE, debt GBP
1.0s.11d; defendant was committed for twenty days, but the order suspended for
two months.
Same Plaintiff v. John TREBELL, debt 9s.4d; defendant
was committed for thirty days for not appearing to summons.
John ROSS v. Mary OSBORNE, dept GBP 2; defendant
was committed for thirty days for not appearing.
Same Plaintiff v. James ANDREW, debt GBP
4.3s.1d; defendant was committed for thirty days for not appearing; but the
order suspended on condition of his paying GBP 1.
HELSTON COUNTY COURT
At this court held on Monday last,
before Mr. BEVAN, the only cases of any interest were the following:
Dennis REED v. James RALPH. Mr. PLOMER appeared for the plaintiff, Mr.
HILL for defendant. This action was brought to recover the sum of GBP 3 for the
wrongful and unlawful taking, detention, and conversion by the defendant of six
sheep-skins, the property of the plaintiff. Mr. HILL applied for an adjournment,
on the ground that the defendant had a cross-claim against the plaintiff, and
it would be more convenient to have the cases heard at the same time. Plaintiff
refused to consent, on which Mr. Hill offered to pay GBP 2 as the value of the
skins, and Mr. Ralph would bring his action at the next court. This was not
accepted, and the case was gone into; His HONOR ultimately gave a verdict for
GBP 2, the amount offered by defendant.
Thomas MITCHELL v. Thomas TREWIN.
Mr. HILL appeared for plaintiff. This was an action for the recover of the possession
of a dwelling-house and garden, situate at St. Martin�s Green, in the parish of St. Martin. The defendant was a
weekly tenant, and an order was made for defendant to give up possession on the
1st of April next.
COUNTY POLICE � Superintendent GIFFORD,
of Bideford, Devon, has been appointed superintendent in the county police of
Cornwall. The Chief Constable having returned from visiting the various towns
in the county, has now under his immediate attention about thirty very fine
young men who are put through various military manoeuvres three times each day,
in a yard at the back of the police office in Castle Street, Bodmin.
There were a great many applicants
at the several places visited by the Chief Constable, but the greatest portion
of them were rejected, on the ground that they did not possess the necessary
intelligence, care being taken that the whole force shall be of a superior
class of persons. The present number must be considerably augmented before the
force will be complete.
DARING BURGLARY � On the night of
the 3rd instant, the dwelling-house of Mr. LANG, merchant, Cotehele,
was broken into. The thief effected an entrance by the kitchen window and made
his way to the office, where he cut open the lock of the desk and found therein
about GBP 2 or GBP 3 in silver, which he took off, amongst which was a bad
half-crown and a fourpenny-piece with a hole in it, which Mr. Lang can swear
to; he also found in the desk the key of the iron chest, which contained
valuable papers, and a locked box containing title deeds, promissory notes,
&c., which he also cut open; he thoroughly ransacked all the papers
&c., but did not take any of them away, nor did he discover any more cash,
a secret drawer having escaped his observation or baffled his efforts.
Suspicion fell on John GUEST, of
Southpetherwin, who was seen about the premises for some days, and he was taken
into custody in Callington the next day, and on being searched, a bag of silver
was found in his pocket, and the coins described by Mr. Lang found upon him. He
was then placed in the Callington lock-up, to be brought before the magistrates
at the Petty Sessions, to be held on the 5th instant; but in broad
daylight he effected his escape by breaking off one of the iron bars of the
window, with which he forced the door. The constables soon got information of the
road he had taken, and traced him to his house at Southpetherwin, where they
succeeded in effecting his capture a second time, and brought him back to
Callington.
EAST CORNWALL HOSPITAL � The election
of matron took place on Saturday week, in the place of Mrs. Susan TROUNSEL,
resigned. There were a number of candidates, who presented testimonials, but
the competition was reduced by the committee to four, viz. Mrs. GILL of St.
Columb, Miss LANGFORD of Lanivet, Mrs. HENRY of Launceston, and Mrs. BROWN, of
St. Austell. Mrs. Henry received the largest number of votes, and was elected.
TRURO DISPENSARY � Number of cases
admitted in the months of January and February, 101; discharged, cured and
relieved, 51; died, 1.
20 MARCH 1857, Friday
ADVERTISEMENTS
SPREAD EAGLE INN,
Market Strand, Falmouth.
TO be LET, with immediate possession, or when convenient for the incoming Tenant, all that House and Premises known by the sign of the SPREAD EAGLE, which has for many years enjoyed an extensive run in the business. A change for a respectable country house would not be objected to, for the benefit of health.
For particulars apply on the Premises, Market Strand, Falmouth.
March 16th, 1857
STAR HOTEL, HELSTON, TO LET.
TO be LET, with immediate possession, all that well-accustomed and old-established Hotel, situate in the borough of Helston, called the
STAR HOTEL,
Together with the Coach Houses, Stables, Granary, Haylofts, and appurtenances, and an excellent Walled Garden, now held by Mr. Charles E. Andrew, as tenant thereof. The Premises are in a superior state of repair. Coming in reasonable.
Any application to treat for the same should be made to the said Mr. C.E. ANDREW; or to the Proprietor, Mr. J. CLARKE, Spirit Merchant, Helston.
Dated 11th February, 1857
BOROUGH OF PENRYN.
POLICE
A VACANCY having occurred in the Police Force of this borough, persons desirous of filling the same, being not less than twenty-five or more than forty years of age, are requested to apply, on or before WEDNESDAY the twenty-fifth day of March instant, by letter, addressed to Mr. E.J. B. Rogers, Town Clerk of the said borough, transmitting to him their testimonials.
Salary, �1 1s. per week exclusive of clothing.
By order of the Watch Committee.
E.J.B. ROGERS,
Town Clerk.
Dated 13th March, 1857
LOCAL INTELLIGENCE
PADSTOW HARBOUR OF REFUGE - We have received a communication from Mr. Clarke of Higher Crebor Cottage, Bodmin, in which he begs to call the attention of all members of the three western counties, and the city of Bristol, South Wales, and all the members of the several boroughs of those counties, to the propriety and absolute necessity of pressing on government the national disgrace of leaving the north coast of the three western counties without a single harbour of refuge, from Bristol to the Land's End, while so much money is being expended on the other channel, where there are so many ports accessible, and while Padstow could have an efficient breakwater for GBP12,000; or if the government would appropriate a couple of hulks and 100 of their convicts or ticket-of-leave men, with whom they appear not to know how to deal, it might be constructed for two-thirds of that money. Probably also St. Ives harbour might be improved for a comparatively small sum, and the basin of Ilfr!
acombe enlarged. I am sorry her Majesty, on her voyage to Ireland, was not near enough to see what the rugged rocks of Cornwall look like. It is on account of its not being within the reach of royalty, that this Duchy of Cornwall has no attention paid to it? I have called the attention of our eastern division and borough members to the subject, and requested their earnest and united exertions; and Lord Vivian, I may state, is also very zealous in the cause.
I am sir, yours, &c.,
THOMAS CLARKE
QUEEN'S SCHOLARSHIPS, and CERTIFICATED MISTRESSES - At the Christmas examination, for Queen's Scholarships, for Church of England schools, there were 168 females, who obtained a first class. Amongst these, there were three from schools in Cornwall, viz. Margaret Ann JENKYN, of Crowan Girl's National School, numbered according to merit, 44; Elizabeth J. OKE, Trevenson, Pool, 113; and Elizabeth J. POLKINHORNE, Truro, 122. At the examination for certificates, as Mistresses: Ann GOLDSWORTHY, of Crowan Girls' School (who had before obtained a first class Queen's Scholarship), received a second class certificate, and is appointed to a school in Gloucestershire; and M. A. PASCOE, also of Crowan, received a third class certificate and has been appointed to a school in Devonshire.
St. COLUMB HURLING - The time honored annual custom of hurling with a silver ball for the championship for the time being, the match being exclusively between the townsmen and those resident in the parish, came off on Shrove Tuesday and the Saturday week following. On the former day, the game was most ably contested, the parties being well matched. The usual preliminary arrangements of closing the shops having been made, a large number of persons assembled in the market-place, and the ball was thrown up shortly after four o'clock, and there was some excellent hurling, which lasted a considerable time in the streets of the town, and from thence through the fields to the farm of Bosworgey; thence to the town gaol, which was well defended by the countrymen, and after repeated storming by the townsmen, all of which were unavailing, the hurling was briskly kept up in the streets until night spread her mantle o�er the busy scene, and the townsmen were the champions of the day, Mr.R. BULLEN, having secured the ball.
On the latter day there was a much larger muster "of jolly fellows that follow the plough", and the hurling commenced in right good earnest through the town, which lasted only about five minutes, when the ball, as on the former occasion, was again thrown into the fields, and on reaching the farm at Bosworgey, where the countrymen had their outposts, and passed the ball one to another at long distances, it soon disappeared altogether, and on the majority of the hurlers reaching the village of Trekenning, they were informed by a man named GATLEY, that some persons had proceeded with the ball in the direction of the Goss Moor. But this account being considered very dubious, they one and all (after vainly endeavouring to persuade Gatley of their conviction that he had surreptitiously possessed himself of the ball, and ought to deliver it up) returned to the town much disappointed that the game, which commenced so well, was in the short space of fifteen minutes brought to a termi!
nation, and it turned out afterwards that Gatley had secreted the ball at Trekenning, a proceeding universally condemned by his parishioners and a large number of respectable strangers, who had visited the town for the purpose of witnessing the hurling.
FISH TITHES. - A quantity of fishery salt and tar have been twice distrained from the premises of Messrs. G.C. and R.W. FOX and Co., at Mevagissey, for fish tithes, which they as usual decline to pay. The goods have been twice offered for sale by public auction, but on both occasions the auctioneer was unable to get a single offer; consequently they remained unsold. It has not been from any concerted plan, but from a growing dislike to sanction a "robbery for a religious offering." It is rumoured that as a market cannot be found for the goods at Mevagissey (not by statute law but on the ground of immemorial custom) is as follows: - The owners of each sean pay �1 13s. 4d., whether there be any fish or not, and the men employed on the fishery have to pay one-twelth part of their entire share. A practice that only needs to be known to be condemned.
.
...........................................
.
ST. AUSTELL COUNTY COURT. - At this court, held on the 5th instant, there were 142 cases entered, and twenty-three judgment summonses, and in nineteen cases the defendants were committed to prison for non-compliance with orders of the court.
.
The only case of interest was that of Samuel Treverton v. Samuel Julyan. Mr. BISHOP, who appeared for plaintiff, said this case was of great importance, being the sale of an unsound cow with a bastard calf by her side in St. Austell market, on the 2nd of January last, by the agent or servant of defendant, which agency was denied by defendant, who said he sold the cow to James PAYNE previously to his driving her to market, and therefore he was not liable for the acts of Payne.
.
Mr. Bishop then called the following witnesses. Samuel Treverton (the plaintiff) said, he was in St. Austell cow market on the 2nd of January, and saw Payne there with a cow and calf, which he offered for sale. Plaintiff then remarked to him that she was very poor, and he did not think she was healthy. Payne replied, she had nothing but the commons or downs in the Higher Quarter of St. Austell to live on, and had had no hay for the winter. Plaintiff then said, he did not believe the calf by her it must be on warranty, and he must buy her cheap, as he did not want her. Payne then said the cow and calf were not his, but belonged to a neighbour of his called Julyan, and that he was employed to sell her for him; that he would warrant her healthy and sound, that the calf by her side was her own, and that it took three men to take the calf away from her. Julyan (the defendant's son) stood by, and heard the whole of this conversation. Plaintiff then brought the cow without the calf!
, and drove her out of the market, Payne sending the calf back again to defendant by his son. Soon after plaintiff had driven away the cow, he was informed by Mr. WHITING, of Bodmin, when he met in the market, that he was taken in, that the cow was unsound, that it was a bastard calf brought to market with her, and that her own calf was dead born. Plaintiff then went in search of Payne and found him before he left the town. Payne again warranted the cow to be sound, and said the story about the calf was all false, and that Whiting wanted to buy her himself.
.
Plaintiff on the following Friday, again saw Payne, who asked him how the cow got on, and then again said the cow was Julyan's. Plaintiff told Payne that he found the cow was unsound and worthless, and he sent a message by him to Julian, requesting him to take back the cow, and threatening an action if he did not do so. About a week after this he again saw Payne, and asked him if he had delivered the message. He had, and wondered Julyan had not been to see him.
.
Plaintiff then took out a summons from the County Court, and on the 27th of February he saw Julyan and Payne together at the Sun Inn. Julyan asked him why he put him in the court, as the cow was not his, he having previously sold her to Payne before he drove her to market. Plaintiff then asked Payne what he did with the calf and the money. Payne replied that he sent back the calf to Julyan, and that after he came home from market he paid him every halfpenny of the purchase money, and turning to Julyan he said, did I not do so? Julyan said, yes, you did.
.
- John HONEY said, I live in St. Austell, I was in the Sun Inn on the evening of the 27th of February. I heard a conversation between the plaintiff and the defendant respecting a cow purchased by the plaintiff of Payne. The conversation had commenced before I came in the room. I heard the plaintiff ask Payne what he did with the 50s. he had paid him for the cow. Payne said, I carried all the money back to Mr. Julyan, and paid him every halfpenny of it. Julyan said, yes you did so.
.
- George CHICELL said he was at the Sun Inn on the evening abovementioned, and he gave evidence similar to Honey, and in addition said, Payne also gave the boy one shilling for driving back the calf to Mr. Julyan. Julyan said in answer to a question put by the plaintiff, I know the calf was not her own, I put the bastard calf with her for the purpose of selling her.
.
- Richard ROWETT said, I was in the St. Austell market on the 2nd of January last, and saw James Payne there, with a cow and calf, which he offered to sell me, and repeated a similar statement respecting the cow and calf to what was said in the evidence of Treverton, and repeatedly said he would warrant her perfectly healthy and sound. I, however, did not like her, and refused to purchase her. The cow was very small and poor, and I considered GBP 2 10s. was a full value for her if she was healthy.
.
- Christopher RETALLACK said: I am a farrier, and live near the Bugle Inn, in St. Austell. I know the defendant, Samuel Julyan. In the course of last year I attended a cow for him. I have seen the same cow today in Mr. Treverton's possession. I attended her in April, and also after harvest. She had the disease called scanter, in an incipient state, when I first saw her. I gave her some medicine, which checked the disease, but did not eradicate it entirely. The last time I attended her the case had gone too far, and she is now a confirmed scanter.
- For the defence the defendant said I sold the cow to James Payne, and he returned the money after he sold her, 30s.; he paid it the next day. I never warranted the cow to Payne at all. The cow was unwell. To make it a new cow I had a calf of my neighbor.
- James PAYNE said: I know all about it. I bought the cow of Samuel Julyan for 30s., on the 2nd of January. I paid him the next day; I had no money when I bought the animal. I sold the cow, and had the money of Samuel Treverton on Friday. I sold the cow for 50s. Cross-Examined: I did not say to Treverton that the calf came out of that cow; I said that the calf required three men to take the calf from the cow. I did not tell Rowett that the calf came out of that cow.
Judgment was given for the plaintiff, with costs; and his Honor ordered that unless the amount was paid before the rising of the court, the defendant would be indicted for perjury. Payne was immediately ordered into custody, for perjury, and was only liberated on the application of Mr. Bishop, plaintiff's attorney.
EARLY LAMBING. - Mr. Robert Michell, of Chyponds, in the parish of Towednack, sold on the 2nd inst., a fine lamb to Mr. Robert Dugtail, butcher, of Penzance, which was yeaned on the 26th of December last.
RAVAGES OF BIRDS. - In the vicinity of Helston so great has been the ravages of the bullfinch or hoop-on the eyes of the gooseberry trees, that the growers despair of a crop; even the eyes of the cuttings to rear from have been picked out. One of the men belonging to the gasworks has shot about twenty in his highly cultivated garden; and yet the oldest gardeners in the place have been unable to discover a nest of these birds.
ROYAL CORNWALL POLYTECHNIC SOCIETY
A suggestion was laid before a recent committee of the Royal Cornwall Polytechnic Society that a scientific man be deputed by the society to spend a few months in giving very simple lectures on science as applied to mining, to miners in their own localities. He would be able to describe the improvements in machinery, and in the working of mines in other places; he would gain from the miners their views; he would encourage them in the pursuit of any chosen line of study; and he would assist ingenious men by his advice in their inventions.
This suggestion met with cordial sympathy from the gentlemen present, many of them expressing an opinion that it was just what the county wanted. Beyond this, some of the committee expressed their willingness to add to the society's means, to enable the to carry out the idea. It was felt, however, that nothing could be done until it was ascertained upon what terms a sufficiently competent person could be retained for this important duty, and the amount of assistance upon which the society could calculate. It appears to us that there is in this suggestion those elements of good which must work. In every mining district (we speak from personal experience) there is manifested a strong desire amongst the miners for the means of acquiring knowledge.
[The article goes on to point out that the faculty of the Mining School is too fully occupied in their duties from taking this on, and suggests the mine owners and various societies take up the cause, and help fund such an effort.]
SHERIFF'S COURT. - At this court, held at Truro on the 12th instant, before Mr. Joseph Roberts, deputy sheriff, the following case was heard: - C.H.T. Hawkins, of Trewithen, sued the defendants for taking gravel from St. Just creek. It appeared from Mr. Chilcott's statement to the jury, that the St. Just bar and adjacent property had been for a long period in the possession of the plaintiff and his ancestors, and that nearly 100 years ago they had granted it on leases for lives, and since they fell in hand, the bar, with a large workshop built on it, had been rented by different tenants. The bar was also of great convenience to the plaintiff's tenants and the neighbouring farmers, who were allowed to ship their corn from it, which was done largely every year.
The defendants were bargemen who had persisted in carrying away the gravel, which they sold as ballast for vessels or elsewhere. When they first began to do so, no notice was taken of it, but latterly they had taken it in such quantities that the walls of the workshop had become considerably endangered by the necessary encroachment of the tide, and the foundation of the road connecting the bar with the mainland had been sapped.
When this became apparent, the defendants and other bargemen were denied from taking any more, and all desisted except the defendants, who continued the trespass, and said they meant to carry away the whole bar. On this the present action was brought, and the plaintiff was prepared to prove damages to a considerable amount; but as the defendants, after consulting their solicitor, had now become sensible that they had no right to take the gravel, and had thrown themselves on the mercy of the plaintiff, and promised not to offend again. Mr. Hawkins would be satisfied by a verdict being taken for GBP 5 5s. which would also oblige defendants to pay all the costs.
Mr. STOKES, for the defendants, said that the statement made by his friend was correct. The defendants supposed they had a right to take gravel anywhere on the sea shore and had consulted him upon the action, but he found on inquiry that the place in question was the plaintiff's private property, and he had therefore advised defendants not to plead to the action. They were very sorry, they had trespassed on Mr. Hawkins, which they promised not to do again, and consented to a verdict against them for �5 5s. Verdict accordingly.
TRURO POLICE. - On Friday last, John BOLITHO, a boy, in the service of Mr. MAY, boot and shoemaker, Boscawen-street, was committed for trial at the assizes, for stealing boots and shoes from his master; and Margaret JENKINS, wife of Edward Jenkins, dealer in second-hand clothes, Pydar-street, was committed for trial for receiving the boots and shoes knowing them to have been stolen.
- On Monday, Harriett JONES, of Twelveheads, was committed for two months, for stealing a pair of stockings, the property of Mr. Joseph BURTON, Truro.
STEALING FROM A VESSEL. - On Monday last, William QUINNEY, a seaman left in charge of the "Pomona" of Truro, WEBB Master, from Lisbon, was charged before the magistrates of Truro with entering the cabin of the vessel, breaking a customs seal and a box, and abstracting from it three bottles of Geneva, value 5s. - Evidence having been heard, Quinney pleaded guilty, and the magistrates (the Mayor and Mr. Chappell) convicted and sentenced Quinney to two months' hard labor in the House of Correction. The Comptroller of Customs attended to watch the case on behalf of the Crown.
CHARGE OF STEALING COPPER. - On Saturday last, at the Guildhall, London, John Samuel BENNETT, George Cuthbert GRAHAM, alias Patcy, and James SAUNDERS, alias Connelly, were charged with stealing thirteen bars of yellow metal, weighing 256 lb., from a barge belonging to Messrs. VIVIAN and Sons, the copper smelters, of Castle Baynard-wharf; and James HUMPHREYS, a marine store dealer and metal collector, of Park-cottage, King's road, Chelsea, was charged with feloniously receiving the property knowing it to have been stolen. All the prisoners were remanded till the following Thursday.
A MAN KILLED AT FALMOUTH. - An inquest was held on Wednesday last, at Falmouth, on the body of a man named BRAY, who came to his death on the Back Hill, Falmouth, on Tuesday evening. A sailor called DICK, a native of Edinburgh, struck Bray and beat him when on the ground with such violence that he died almost immediately. The inquest was adjourned until Thursday, in order to obtain the evidence of a woman who was present at the time. The case will no doubt be sent for trial at the assizes.
CHILD MURDER AT PENZANCE. - On Friday morning last a bundle was found by Daniel ROGERS, of Penzance, just below the junction of Back and Pump lanes, in that town. It appeared like something sewn up in a cloth. He touched it with the toe of his shoe, and, cutting a hole in the cloth, took out the leg of a child. The bundle was taken to the police station, and the body of the child examined by Mr. F. BOASE, surgeon. On Saturday afternoon an inquest was held by Mr. DAVIES, deputy coroner, when Mr. Boase gave evidence of his examination of the body, which was that of a female infant, and had been born within twenty-four hours. One of the hands was pushed into the mouth, and the other was against the neck and chest. The whole body was very tightly compressed, and, in his opinion, it would take more than one person to sew a parcel up so tightly. From various symptoms he had no hesitation in saying that the child was born alive and had breathed, and that death was caused by suffoca!
tion, either by pushing a rag into the throat, or by a piece of tape round the throat. The jury, after carefully attending to the evidence, returned a verdict of "willful murder against some person or persons unknown."
CORONERS' INQUESTS. - The following inquests have been held by Mr. JOHN CARLYON, county coroner: - On Saturday last, at East Wheal Rose mine, on the body of Amos KEAST, a miner, aged 21 years, who fell down the shaft to the eighty fathom level. He was found, of course, quite dead. Verdict, "accidental death."
- On the same day, at Mawgan in Pydar, (in the absence of Mr. Gilbert HAMLEY,) on the body of James PASCOE, aged 39 years, who died suddenly. Verdict, "natural death."
- On Tuesday last, at St. Agnes, on the body of Catherine TREMEWAN, aged 62 years, who also died suddenly. Verdict �death from natural causes.�
� On Wednesday, at St. Enoder, on the body of James RICHARDS, miner, aged 58 years, who was killed in Pencorse mine, on Tuesday last. Verdict, "accidental death."
The following inquest has been held before Mr. HAMLEY, county coroner: - On Wednesday, in the parish of Lanlivery, on view of the body of Ann KNIGHT, who fell down dead, near Pelyn Gate, on Monday evening. Mr. ROWE, a surgeon, was of opinion that she had died from a rupture of a blood vessel near the heart. Verdict accordingly.
27 MAY 1857, Friday
SALE POSTPONED.
NOTICE IS HEREBY GIVEN that the Sale of COWYJACK, TREGIDDEN, and other Freehold Properties, in St. Keverne, advertised to take place at the Angel Inn, Helston, on the 31st of March instant, is POSTPONED until TUESDAY the 14th of April next, when it will be held at the ANGEL INN aforesaid, commencing at Three o'clock in the Afternoon.
GRYLLS, HILL & HILL,
Solicitors, Helston,
March, 23, 1857.
HORSE MILL FOR SALE,
FOR SALE, a substantially-built HORSE MILL, of a very superior construction and in excellent condition, which may be worked (according to power required) with from one to eight horses, and is adapted for driving Farming, Rope Making, or any other kind of Machinery.
To inspect or treat for the same, apply to JOHN STEPHENS and SON.
Ashfield Steam Rope Works, near Falmouth,
26th of 3rd Month, 1857.
PEREMPTORY SALE.
Valuable and Choice Camellia Plants.
MR. ELLIS will include in his Auction Sale at STRATTON HOUSE, Falmouth, on MONDAY, March 30th, Twenty CHOICE CAMELLIA PLANTS.
The above will be sold without reserve, to defray expenses of Freight, &c.
May be viewed at the office of the Sir F. DRAKE Steamer, at Falmouth, any day previous to the Sale.
March 26th, 1857
MR. ELLIS
RESPECTFULLY intimates that at STRATTON HOUSE, Green Bank, Falmouth, the LIBRARY containing about 500 Volumes, with which will be found, in Handsome Binding - Hume and Smollett's History of England, Shakespeare, Percy Anecdotes, Fletcher's Works, Coelebs, Christian Morals, Doddridge, Eclectic, Grandison, Robertson's Holland, Blair's Sermons, History of France, Mungo Park's Africa, Brinkley's Astronomy, Algebra, Josephus, Forsyth on Forest Trees, Elegant Extracts, Smith's Wealth of Nations, Buffo'�s Natural History, Hitchins's and Drew's Cornwall, Saturday Magazine, Encyclopaedia, and about 400 volumes of miscellaneous and School Books, &c.: a valuable Painting, by an Old Master; and about 40 lots of Prints, some curious and valuable; and Plants in the Green House, will be SOLD by AUCTION, on Monday the 30th instant, precisely at Noon.
March 24th, 1857
LOCAL INTELLIGENCE
Lady MOLESWORTH. - Lady Molesworth, of Pencarrow, has issued an address to her tenants in Cornwall and Devon, requesting them to do all in their power to secure the return of the liberal candidates.
Mr. ROBARTES. - We are requested to state that MR. Robartes was prevented from being present at the Assizes at Bodmin, this week, in consequence of the indisposition of his mother, Mrs. AGAR.
BODMIN. - The Rev. G. H. HOBBS, who was formerly and for many years the minister of Lady HUNTINGDON'S Chapel, in town, but on account of ill-health resigned his charge about fourteen years ago, returns again in much better health to his old pastorate, and will resume his labours on Sunday the 29th instant.
THE MILITIA. - We learn that the militia force for this county will not be called out for training until after the 1st of September next.
THE PERSIAN EXPEDITION. - Among those officers who have been honorably mentioned by Major General STALKER, commanding the Persian Expeditionary Land Force, we are pleased to see the name of Captain John DARKE, second son of Mrs. Darke, of Grampound. Captain Darke commanded the "Hugh Lindsay," one of the vessels employed in conveying the troops, ammunition, &c., and the general in his dispatches makes particular mention that "that officer in his vessel has been most useful to the army at all times."
LECTURE BY A FUGITIVE SLAVE. - On Wednesday evening, Mr. W. CRAFT the fugitive negro slave to whom Mrs. H. B. STOWE refers in her "Sunny Memories," delivered in the Town-hall of Truro a thrilling narrative of his personal history and that of his wife. The lecturer illustrated in the most striking manner the evils of slavery in the United States. We understand that Mr. Craft still has an only sister in slavery, and the object of his present appeal is to procure funds for the purchase of her liberty. We understand that he intends visiting other parts of the county.
MR. COLLINS's HARRIERS. - The farmers and others in the neighbourhood where this excellent pack of harriers is kept, appreciate the kindness of Mr. COLLINS in giving them such frequent opportunities of enjoying the sport. In order to testify to the spirited Master the feeling which is entertained towards him, they determined to invite him to a dinner at the close of the hunting season. This meeting came off at Mitchell on Monday week, and the weather was all that could be desired. At ten o'clock a hare was turned out, and after a splendid run of two hours was killed in beautiful style. By this time another was in "waiting." The scent, however, was not so good, and she did not afford much sport.
At five o'clock a party of thirty-five sat down to an excellent dinner at the Feathers Inn, Mr. C. W. PARKS took the chair, and Mr. Richard GILL of St. Allen occupied the vice chair. After the usual loyal toasts, the chairman rose and proposed "The health of the guest, Mr. Collins," and on behalf of those who are in the habit of occasionally hunting with him, thanked him for the kindness and courtesy invariable evinced towards them in the field. It is needless to say that the toast was received and drunk in that unmistakeable manner which must have satisfied the excellent Master of the feeling entertained towards him by his neighbours. Mr. Collins replied by thanking them sincerely for the kind compliment they had paid him, and declared his intention of continuing in future seasons to provide them with the sport in which they all seemed to take such pleasure. Other toasts and songs followed in rapid succession, and the evening was spent in such a manner as those only know how to enjoy who have had the pleasure of a good day�s hunt.
PADSTOW LIFE BOAT. - On Saturday last, two vessels ran for this harbour in a heavy gale of wind and most tremendous sea. The French schooner, "La Desire," of Auray, and the schooner "Haberdine," of Teignmouth. The "La Desire" was driven ashore through the sea, having a man washed overboard and drowned in driving the breakers. The vessel grounded abreast of Grenaway Garde, where she ebbed dry and the remainder of the crew got ashore at low water one being seriously injured. The "Harberdine" brought up near Stepper Point, but the wind and seas was so heavy that she immediately began to bring her anchors home. The life-boat, which has recently been placed here by the Royal National Life Boat Institution, liberally aided by local subscriptions, made her first essay in assisting vessels in distress. The boat, manned by volunteers, (D. SHEA, of the coast-guard, coxswain; Capt. BENNETT of the "Flora;" Capt KEW of the "Industry;" Capt. CERSELL of the "Tamar," Capt. HOCKING of the "N!
anscow;" J. FRENCH, Trinity Pilot, and T LOERING seaman,) was gallantly rowed through a heavy sea alongside the drifting ship, and the crew, four in number, were taken out and brought safely on shore. The "Haberdine" was driven on to the rocks off Tristram and knocked to atoms. The "La Desire" was also knocked to pieces the next tide.
BARQUE SAVED FROM SHIPWRECK. - On Friday morning last, during the violent gale which then blew from the S.W., a barque was observed by some fishermen at Mevagissey, about two miles to the W. N. W. of the Gritton, making signals for a pilot. Joseph LEY, a pilot belonging to Mevagissey, went to her, and with very great risk and difficulty, owing to the violent sea raging, succeeding in boarding her. She proved to be the barque "Olinda," of Shields, from Shields for Constantinople. The captain imagined he was entering Falmouth harbour. If not boarded by the pilot, she must have gone on shore in the neighbourhood of Polkerris. Ley took her in safety into Fowey harbour.
BOAT ACCIDENT. - On Tuesday night the 17th instant, about 11 o'clock, the schooner "New Parliament," Capt. WILLIAMS, of Newquay, struck the pier head in attempting to enter the pier, no hobblers being on the spot to assist. The vessel was hauled off by the heavy ground sea, when a boat was soon manned by Capt. Wm. DARKE, Capt. Wm. BENNETT, and Wm. TONKIN, of Newquay, and Capt. HOOPER, and Wm. BUNT, of the smack "Unity," of Padstow. After boarding the vessel in the bay, and finding her but little damaged, they took Capt. Williams' wife with them to return to the pier, but before reaching the pier head a heavy sea struck the boat and they were all thrown into the sea. Parties were waiting on the pier with rope to assist, by which means five were rescued from their perilous situation, but unfortunately Bunt was drowned.
SERIOUS ACCIDENT. � On Monday the 16th instant, Mr. John COLLINS, of Camborne, the proprietor of the Alma omnibus, went to Helston fair with a fine young horse, very recently purchased, and on returning home with about a dozen passengers, on arriving at Dunstanville-terrace, the omnibus came slightly in collision with a dog-cart, when the horse suddenly started and threw Collins off the shafts, but he escaped with a few bruises. Mr. Francis LEE, boot and shoe maker, of Camborne, being outside, attempted to lay hold of the reins, but in doing so fell off and pitched on his head, and was left senseless on the road near the Basset Arms. He was removed by some persons to Mr. William WHITFORD'S, painter, and Mr. VINCENT, surgeon, was soon in attendance. He was placed on a stretcher, and removed to his own house in Trelowarren-street, where he now lies in a very precarious state, from concussion of the brain.
The horse ran from where Mr. Lee fell, to the centre of Trelowarren-street, and capsized with the passengers before Mr. William Jame's shop, where the shafts broke, and the horse ran off, but was captured at the gate leading to Rosewarne-house, with several cuts and bruises. The persons in the omnibus were all more or less bruised or cut; one of them, Mrs. THOMAS, of Tuckingmill, a mother of ten children, was taken into Mr. COCKING'S, and a surgeon called, who pronounce her collar-bone very badly broken and arm bruised. A dog-cart was obtained, and she was removed to her home, and now, with Mr. Lee, lies in a very deplorable state.
MANSLUGHTER AT FALMOUTH. � An inquest was held on the 18th instant, before Mr. PENDER, coroner for Falmouth, on the body of John BRAY, seaman, of Gwennap, formerly in the Cornwall militia. The deceased (as we stated last week) died in consequence of blows given him by a seaman named DICK, of Edinburgh, there having been a quarrel and fight between them about a prostitute named UREN. The inquest was adjourned till the 19th and after hearing the evidence, the jury were locked up for five hours, and then gave a verdict of manslaughter. The prisoner will be tried at the assizes, and we shall then give a fuller account of the circumstances of the case.
HELSTON. - The following has reached us from Helston when just on the point of going to press - Sir Samuel SPRY has resigned and given his interest with Mr. ROGERS'S of Penrose to Mr. TRUEMAN. Mr. BARCLAY has also given in, so that Mr. Trueman will walk over the course. The Tory influence here is destroyed altogether!!!
ST. IVES. - On Wednesday evening a meeting of the independent electors was held in the Town Hall, under the presidency of Mr. DOCTON, to consider how they should act at the election on Friday. The chairman passed in review the various efforts which had been made to get a suitable candidate, to contest the borough in opposition to Mr. PAULL, and broadly stated his belief that the lawyers and agents of the interests which supported Mr. Paull were solely instrumental in inducing Messrs. COULSON and CHARLES to retire. The first gentleman had not made any canvass at St. Ives, but had merely been told at Penzance that it was of no use to try; and the latter had canvassed for two or three hours only.
Several gentlemen addressed the meeting, all of whom concurred in the belief that Mr. Paull had not enough pledged votes to carry the election; and it was ultimately proposed that Mr. H. L. STEPHENS, of Tregenna Castle, should be put in nomination of Friday. On Thursday a smart canvass was to be conducted by parties of earnest volunteers, and although it is rather late to assume that Mr. Stephens will be elected, there is no doubt of its being a smart race. Mr. Stephens being a resident in the immediate vicinity of the town, and being held in great respect by all classes, the independent party could not have selected a better man to fight their battle. He was invited about a fortnight since to come forward as a candidate, but declined solely on account of the delicate state of his health.
TRURO MID-LENT FAIR. - There was a tolerable show of cattle at this fair, but the number of fat ones was small. Working oxen were more plentiful than we have seen them at our late fairs and sold very high; there was also a great number of grazing cows brought by the jobbers from the north of the county, and likewise some cows from Bristol, and for which there was a good sale at very high prices. Fat beef sold at 3 pounds to 3 pounds 5s. per cwt.; cows and calves scarce and very dear. Sheep uncommonly scarce, and sold at from 8-1/2d to 9d. per lb.
PROLIFIC EWES. - Two ewes, belonging to Mr. John PETHICK, of Tresinney, in the parish of Advent, have this season produced seven lambs, six of which are now living.
BOROUGH OF ST. IVES. - We stated last week that Mr. COULSON had retired. On Thursday, Mr. Robert Charles came down from London, and addressed a public meeting of electors. He met with a very warm reception, and after the meeting went to Tregenna Castle, and succeeded in securing Mr. STEPHENS'S support. On Friday evening, however, he went to Penzance, where it is supposed the lawyers frightened him, as he left the next morning, without saying "good bye" to any one. The electors were then expecting a Mr. SCHREINER, husband of Lady Charlotte GUEST. It is believed that a good man would stand a good chance. The people here are sick of being bought and sold just as a few lawyers and agents may wish. We understand that Mr. WHITEHURST was expected to address a public meeting on Wednesday, on the subject of the election. The general understanding is that a combination of interests has been formed for the purpose of forcing Mr. Paull upon the electors, and very general dissatisfaction!
is felt at the arrangement.
PENRYN AND FALMOUTH ELECTION. - Since our last impression Mr. BRADSHAW, a barrister, issued an address, and with another barrister, of the name of West, addressed a meeting of the electors at the Town-hall, Penryn, on Friday evening, where also the other Liberal candidate, Mr. Samuel GURNEY addressed the meeting, and Mr. Gurney (the well-known banker, of the city of London) announced his intention to stand the contest for the borough, and said he was an advocate for Reform, and a supporter of Lord Palmerston. Mr. Bradshaw said he should also go to the poll.
Mr. West said he had been misled in the idea of there being but one liberal candidate, and he would not contest the borough. On Friday it was found by the friends of Mr. Bradshaw they could not succeed in the Falmouth portion of the borough, and they agreed to withdraw Mr. Bradshaw.
Bills were issued to inform the electors that Mr. Baring would meet them at the Guildhall, Falmouth, on that evening (Friday), when he and other candidates would address them. The Town-hall was packed to excess, and a very large number could not get in. Mr. J. ELLIS, deputy-mayor, was called to the chair, who explained the object of the meeting, and Mr. BARING rose and gave an account of the views he took of political affairs, and the success of his canvass, and said he believed he should be one of the new representatives to the Parliament about to be chosen, and he hoped to be of use to his constituents in regard to local affairs. He sat down amidst loud cheers.
Mr. R. W. Fox rose to introduce Mr. GURNEY as a fit and proper person to represent the borough on the Reform interest. Mr. Fox stated, as Mr. Gurney as suffering from indisposition, they would, he hoped, excuse him from making a long speech. He could, however, vouch for his ability to serve the port and its locality, and that he would be a right man in the right place. Mr. Gurney then spoke a few words, and said he was obliged to his friend, Mr. FOX, for introducing him, and he hoped, if he was elected, he should identify his interests with those of the electors. He could assure them that all good measures of Reform should have his support, and his intention was to set at once about bringing the electric telegraph to Falmouth, and he should assist in other objects greatly needed at that valuable port.
Mr. Bradshaw then rose, and said he had made up his mind to leave the borough, but before he sat down he thought it was but just to say a few words. He then spoke most highly of the gentleman who had preceded him (Mr. Gurney), and said he retired because he found the field was well occupied by Mr. Baring and Mr. Gurney. Mr. West also signified his intention to retire.
Messrs. Fox, Capt. ROBINSON, Mr. CROUCH, Mr. BALLMORE, MR. TILLY, and other gentlemen, then moved resolutions to the effect that the meeting pledged itself to use their efforts to return the two Reform candidates, Mr. T. G. Baring and Mr. Samuel Gurney. Mr. Howel GWYN as called on, but did not come forward. Mr. J. B. MOORMAN and a little know of Tories were present, but they declined saying anything. The thanks of the meeting were given to the chairman, and the meeting separated after loud cheering, all being well pleased at the unity of the Liberal party, and strong hopes are entertained that they may now get the two Reform candidates elected. Mr. Gwyn has since retired, and Mr. W. RASHLEIGH has transferred his claims to Truro.
IMPERIAL PARLIAMENT.
HOUSE OF LORDS.
THURSDAY, MARCH 19.
The Earl of HARDWICKE inquired the reason why the squadron sent to the Bay of Naples had been withdrawn.
Lord CLARENDON replied that the French and English governments had been induced to withdraw their ships of war in consequence of an apprehension that their presence might lead to an insurrection in the kingdom of the two Siellies.
Lord GREY deprecated the discussion of a question of such importance under existing circumstances. The papers laid on the table deserved the most serious consideration, and would, no doubt, be fully discussed at the opening of the new Parliament.
Lord St. LEONARDS called the attention of the house to the Turner bequest to the nation, and complained of the way in which the testamentary dispositions "f that great artist had been neglected or set aside. He also complained of the "dark holes� in Marlborough-house, in which a portion of the pictures constituting the bequest had been exhibited to the public.
The Marquis of LANSDOWNE, while fully admitting the value of the bequest made to the nation by Mr. TURNER, said, it was clear, though that great artist could draw everything else, he could not draw a will. The result had been that the nation had been forced to submit to a compromise with the next of kin. With regard to the exhibition of the pictures at the Marlborough-house, that was the only place of exhibition at the disposal of the government, and rather than not exhibit them at all, the government had resolved that they should be exhibited at Marlborough-house, though it certainly did not intend them to remain there.
ASSIZES,
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WEDNESDAY, MARCH 25.
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(Before Mr. Justice Williams.)
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THE PENWARNE BURGLARY AND ROBBERY OF PLATE. - GORDON TREVANION CHADWICK, 41, descried as a miner, and JOSEPH QUICK, 29, roper, were indicted for burglariously breaking into the dwelling-house of Michael NOWELL PETERS, clerk, at Mawnan on the 24th July, 1856, and stealing three wine coolers, two decanter stands, four candlesticks, one covered quart, three pepperstands, ten prongs, one tea-pot, one silver pint, and a quantity of other articles, the property of the said Michael Nowell Peters. The property was formally laid of the value of GBP 10 and upward; but was stated by the counsel for the prosecution to be really of the value of more than GBP 200.
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In the second count, the prisoners were charged with feloniously receiving.
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RICHARD JENKING had been held to bail at the same time that Chadwick was committed for trial; but he did not surrender, and it was rumoured that he had some months since left the country. Mr. COLE defended both Chadwick and Quick.
Mr. STOCK stated the case to the Jury, observing, with reference to the counts of the indictment, that he thought the evidence would be such as to satisfy the jury that both the prisoners were guilty of the actual commission of burglary, rather than as merely felonious receivers.
By request of Mr. COLE, the witnesses were ordered out of Court, with the exception of the Prosecutor and Mr. J. BORLASE.
Rev. Michael NOWELL PETERS deposed - I am the incumbent of the parish of Madron, near Penzance. I have a residence in the parish of Mawnan, called Penwarne, about four miles from Falmouth, and twenty-two miles from Madron. I am in the habit of being absent from Penwarne very frequently.
On the 24th of July last, I was absent from Penwarne; I had left it on the 19th to go to my living, leaving at Penwarne my son-in-law, Mr. John BORLASE, and his wife, and several of my servants. I returned to Penwarne the day after this robbery was committed, and found a large quantity of plate missing and also two guns; this property was all there on the 19th when I left. I was at that time building a new wing to my house; that new wing was in an unfinished state on the 19th; the roof was on, but the window was not glazed; from the gravel walk in front of my house a person might get into the unfinished part of the house through the unglazed window, which is only about four feet from the ground. From the new part of the house there was a small door about three feet wide, on the ground floor, leading into the pantry in the old building; that door was always kept locked, with a strong door-lock. By obtaining access through that door, a person might go through the whole house.
The bedroom in which Mr. Borlase slept was over the kitchen; and the window of that bedroom looks out on a road that runs at the back of the house; and on the opposite side of that road is a house used as a boot-house and wood-house. Since the loss, I have seen some of my plate and a gun.
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CROSS-EXAMINED. The road at the back of the house, and between it and the boot-house, is a private road, and not open to the public.
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John Borlase: - I am son-in-law of Mr. Peters, and live with him at Penwarne. I was residing with Mrs. Borlase, at Penwarne, on the night of the robbery; and we were the last persons up that night; the servants had gone to bed. I and Mrs. Borlase went up-stairs about twelve o�clock; Mrs. Borlase going to the bedroom, and I to my library, which is one of the front rooms; I remained in the library about half-an-hour, and then went to my bedroom; when I got there, I found that Mrs. Borlase's light was out. I brought in a light with me and placed it on the table, in full view of the window; the window has no shutters, but a linen blind. I heard the clock strike one when I was in bed and the light was out. The next morning I was down stairs about six o'clock, and I and my groom Evans started for Penzance shortly after six o'clock; at that time I know nothing of what had happened; I had not been disturbed during the night.
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CROSS-EXAMINED. - I cannot say if the door between the pantry and the unfinished part of the house was fastened or not that night. I had been sitting in the dining-room. The door that was broken open entered into the butler's pantry, where the plate was kept. My groom had got up before me, to get my horse.
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WILLIAM EVANS: - On the 23rd of July last, I was living as groom with Mr. Borlase at Penwarne. On the night of the 23rd of July I went to bed about ten o'clock; I had got instructions to get up early next morning to drive my master to Redruth, and I got up about five o'clock, I went to master's dressing-room for his clothes, and then went down stairs to clean his boots and get ready to go; we left about ten minutes past six. Before I left I went down into the pantry for the knives and cleaned them; I saw a decanter-stand on the floor; I did not say anything about it to master, not knowing how the house had been left at night. The door between the pantry and the new building was open; but I did not know whether the builders had left it so or not, and I said nothing about it.
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SARAH QUICK: - I was living as housemaid in the service or Mr. Peters at the time of the robbery, and had been in his service about two years at that time, living all that time at Penwarne. I and the cook went to bed about ten o'clock on the night of the robbery; the men-servants having gone to bed before. At that time, Mr. and Mrs. Borlase were still up. I know the pantry were the plate was kept; and shortly before I went to bed I saw the pantry; at that time there was, to my knowledge, a great quantity of plate there and the door that opens from the pantry into the unfinished part of the house, was locked; it had not been unlocked for several days; before I went to bed I saw the door was locked, and I believed it was then in a perfectly safe and uninjured state.
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I came down stairs shortly after six o'clock the next morning; I went into the pantry, and the first thing I observed there, was two decanter-stands that had been brought out of the dining-room and placed on the table in the pantry; I had seen them in the dining-room the previous evening; I found the plate-drawer open, and all the plate was gone from it. The door of the pantry that led to the kitchen had no lock.
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On the night of Wednesday the 23rd of July, there was also a considerable quantity of plate in the dining-room, kept on the side-board; and on the morning when I came down and found the plate gone from the pantry, I looked into the dining-room, and saw that all the plate was gone from there also. Besides the plate in the dining-room and the pantry, there had been a silver ink-stand in the drawing-room; I had seen it there between six and seven o'clock in the evening. When I came down in the morning about six o'clock, the door between the pantry and the unfinished part of the house was wide open and the lock was hanging on by two screws; I am quite sure that the door was safely locked the night before I went to bed.
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CROSS-EXAMINED. - There had been a good many workmen about the house for some time, and there were men at work there in the morning when I came down.
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RE-EXAMINED. - The prisoner Quick is my brother.
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CHARLES SNELL: I was in the service of Mr. PETERS, at Penwarne in July, as hind. On the night of the 23rd of July I went to bed between nine and ten o'clock; the following morning I got up between six and seven o'clock, and went down into the pantry, Sarah Quick and Henry PACKHOUSE being there; I took notice of the door that leads from the new building into the pantry; the lock was broken off and partly hanging. On the floor, and partly leaning against the door, I saw a piece of iron; it was outside the pantry, and in the new building. I took up that piece of iron and the same day I gave it to constable Armitage. Before the day of the robbery there was a double-barrelled gun in the kitchen; I had placed it there a few days before, on the gun-rack; when I put it there the left hand barrel was loaded. When I got up on the 24th, that gun was missing; I cannot say exactly that I saw it in the kitchen on the 23rd, but I never found it missing before the morning of the 24th.
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In the course of that morning I found near the house a gun which I now produce; I found it by the side of the road that leads from the back of the house towards Falmouth, and about three hundred yards from the house, near a plantation, and just inside a little bound. That gun belonged to Mr. Peters, and had been kept in the boot-house; the boot-house was hardly ever locked. Near that gun, and on the bound of earth, there was a plenty of foot-marks, some of them tolerably plain; I showed them to constable ARMITAGE the same day. On the other side of the bound was a hayfield. I was with ARMITAGE when he compared the piece of iron which I had found near the pantry door, with marks on the door, between the lock and the door; and found them to correspond. The lock was on the side of the door towards the new building; not in the pantry. I also saw on the same side of the door, some other marks which this piece of iron did not fit. The iron was a round piece, flattened at one end. (!
It was produced in court by George Julyan, a constable; and was identified by the witness Snell). There were two or three marks that corresponded with the iron; which had been used to wrench off the lock.
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WILLIAM HENRY SPARGO - I live at Stithians, and work as a stone-mason; on the morning of the 24th of July, between half-past three and four o'clock, I was going to my work, and was about two hundred or three hundred yards from Oppy's Croft, and in a parish road leading to the croft, when I saw, in the neighbourhood of the croft, a man getting over a hedge between a field and a little plantation; and between two hundred and three hundred yards of Oppy's Croft that man was not many yards from me when I saw him; when I first saw that man getting over the hedge, he had a gun with him. I lost sight of that man behind the plantation for a minute or two, and then saw him again standing in a gap of a hedge.
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At this time there was another man with him, and they were standing close together; one of them had a bravish size parcel with him, and the other had a gun. I spoke to them and asked them what they were about. Chadwick said they had lost the road; and I said "here is the parish road close along-side." Chadwick then said he wanted to know the Stithians road to Penryn. We were then in Stithians parish, I told him the road; and then Chadwick said "can't we go a higher road than that?" and pointed athwart the croft, where there was no road.
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I told him that I did not think he had lost his road, and that he was there about the rabbits. He did not make any answer to that. I asked him where was the gun they had got with them; and Chadwick said they had no gun with them, I said, "I am perfectly sure you got a gun with you; I saw it this minute." I told them they had better be gone from there about the rabbits, or perhaps they would get into it. That was all that passed between us and I went away leaving them there.
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I am quite sure that the man who spoke to me was Chadwick; I should think it was a brave piece of five minutes that I was talking to them. When I lost sight for about a minute of the man I first saw, the trees cut off the sight of him. From that place to where I afterwards saw Chadwick in company with another man was a distance of about thirty yards. I cannot say if the man I first saw was Chadwick or not.
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BY THE COURT - I cannot positively say if the man I saw with the gun was one of the two men I afterwards saw together. The man I first saw had on a black coat, but I could not observe the other part of his dress. Chadwick, the man I afterwards talked with, had a black coat and lightish trowsers. I can't tell as to his being about the same size as the man I saw with the gun. The other man was dressed all in dark.
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WALTER WATTERS, a boy - I work with my father of Mr. Peter's farm at Crill, about half-a-mile from Penwarne. The morning after the robbery I was working in a hayfield near the road, and found in the field, about 200 or 300 yards from the great house, a chisel. Adjoining the hayfield is the high road. I put the chisel in a thorn tree in the field and told persons that I had found it; and when my sister Esther brought me my dinner, I gave it to her to take home.
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Esther WATTERS, sister of the last witness, proved that she took the chisel home to her mother, and that, in the course of the same day, she saw her mother give it to John THOMAS, who came there for it.
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John Thomas, who worked at Penwarne in July, proved that he received the chisel from Mrs. Watters, and gave it to Henry EDWARDS, constable of Penryn, on the day after the robbery.
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Henry Edwards, constable of Penryn, after stating that he received the chisel from the last witness, and identifying it on its being produced by the policeman, George Julyan, said: - I examined both the piece of iron, and the chisel, with marks on the pantry-door; John Thomas and the constable were with me at the time, I compared the piece of iron three marks - one by the side, and two on the top, of the lock; and the result was that the marks corresponded exactly with the iron, so that I was able to say that those marks were produced by that piece of iron.
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With regards to the chisel, I saw on the top of the lock a mark that exactly corresponded with it; the chisel having been used between the upper part of the lock and the door, so as to make a place for the crow-bar. The frame of the lock was of wood. I gave both the chisel and the iron to Julyan.
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CROSS-EXAMINED. The chisel is one of common width; it is a manufacturer's chisel not one made down in the country; any chisel of that size and form might have made that mark.
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Henry DONNELL, carpenter - I reside at Perran Downs, near Marazion. I knew the prisoner Chadwick from about the 16th of June to the middle of July; he was employed at East Trefusis mine near Redruth, as a watchman. I was working there as a carpenter at the same time. The chisel now produced is my property. When I was working at Wheal Trefusis, I lent a chisel to Chadwick; but it was a smaller one than that now produced and he returned it.
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I was in the habit of keeping my chisels in the carpenter's shop, to which Chadwick had access. I commenced working at the mine on the 16th of June and I continued working there till about the middle of July; I used my chisel up to that time, and then I found it wanting; I made inquiry of different men at the mine but could get no report of it.
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CROSS-EXAMINED. - I cannot say exactly when Chadwick left the mine. The men at the mine might come into the carpenter's shop at any time, while I was working there; and other men might have been working in the shop besides me. I made the handle of the chisel, but there is nothing uncommon in the chisel itself; it is one that I bought at a shop.
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John DUNSTAN: - I was living in Stithians in August last, and kept the Stonemasons' Arms there. I recollect the day when I heard tell that some silver plate had been found in Oppy's Croft. On the evening before the day - on the 26th of August, a man named Jenkin, who has been charged with receiving this plate, and this gentleman here (Chadwick) came to my house about nine o'clock in the evening, and they remained there the best part of an hour; they sat together at one table and had refreshment; after staying about an hour, they inquired the way to Stithians Church-town; I think it was Jenkin who spoke; I told them I would show them the road, and I went on with them a few hundred yards till we could see the lights of Stithians Church-town, and I told them to make for those lights. Stithians Church-town is about two miles from my house. From where I left it is about fifty or sixty yards to the end of the lane that leads to Oppy's Croft, and it was about one hundred yards from!
the main road down the lane to the croft.
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James OPPY: - I live in the parish of Stithians, near Oppy's Croft, which is in my occupation, This croft is about four miles from Penwarne house. About five o'clock in the morning of the 27th of August I was out in front of my own door; I can see the croft from my door; it is about three or four hundred yards off. I saw two men in the croft; they were looking armed and stanking down the bushes and furze with their feet. As soon as they saw me they started off, when I had not been looking at them half a minute. I went in, put on my shoes, and went out after them.
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I know the spot where some plate was afterwards found; the two men were about seven or eight feet from that spot. I put on my shoes and went after them, They were going very fast towards Stithians Church Town; I went after them and got on with them in a short time; they were Chadwick and Jenkin. When I came up to them I asked them what business they had there about the rabbits again; and Jenkin said (Chadwick being close by) "my dear man, we are not going to rabbit; we have neither ferret, net, nor dog with us." He said they had missed something and were in search of it, and had missed their road. I said "I'll have you took up before the day is out; I'll go back and see what you have been doing in the croft."
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When I went back to the place where they had been, I saw that the dew was beat off the grass and furze stanked down for about forty or fifty feet around, where the plate was afterwards found; but not at that exact spot. They soon came to me there. I had seen Chadwick and Jenkin the night before; I keep a beer-shop and they came there and had a quart of beer.
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CROSS-EXAMINED. - It had been said that the plate was hid in the croft; some persons had mistrusted it; and there was a reward of 30 pounds for apprehending the persons who did it. I did not care anything about finding the plate; I never went to see for it.
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Christopher OPPY: - I am a son of last witness, and work for him as a blacksmith. I was in Oppy's Croft on the 27th of August last, between two and three in the afternoon, and made search there for Mr. Peters's plate. For a good while I could not find any thing; I afterwards saw a part of the croft that had been beaten and trodden down; about five or six feet from that spot, and about three hundred or four hundred yards from the road, I found some articles of silver; there were three stones over it and a bush of furze; I moved one of the stones and could see the silver. I made an alarm, and Edward SLADE came to me, and then many others; among them, HOLMAN, who took out the plate. Some of it was in two bags, and some of it out loose. We carried it away about one hundred yards from where it was found, and sent for constable John Thomas; he came the next morning about eight o'clock, and I showed him the gun lying in the same position as when I first found it. Thomas took posses!
sion of it; it was a double barreled gun, and the left hand barrel was loaded.
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Edward Slade: - I live at Penryn, and carry on business as a watch and clock maker. On the 27th of August last I was passing through Stithians parish, and heard and alarm made by the last witness; and, in consequence, I went to Oppy's Croft, and the young Oppy pointed out to me something in a heap; it was a quantity of plate; I took possession of it and made a rough list of it. I kept the plate in my possession, binding it up in the two bags, which were rotten from having been exposed; I took it down to the turnpike road, and placed it on a butt or wain; I made a list of the plate and handed it over to the constable Holman.
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James HOLMAN - I am a constable of Stithians parish; on Wednesday the 27th of August I received from Edward Slade a quantity of silver plate, on the road between Penryn and Helston, about three hundred yards from Oppy's Croft. This witness produced the plate, and placed the various articles on the table, where they occupied a considerable space; the articles consisting of three candlesticks (the stem of each being in the form of a lyre), a large inktray, two large wine-coolers, mustard pot, nearly a dozen prongs; fish-slice, butter-knife, large salver, two smaller salvers, teapot, cruet-stand, large soup-ladle, large mug and cover, small mug without cover, and decanter-stand.
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John THOMAS, constable of St. Gluvias, gave evidence to the finding of a gun in Oppy's Croft, lying in some thick Cornish furze, some conversation took place between me and Chadwick, and he said he supposed he should be accused of taking the gun too; there had been nothing said about the gun being found.
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Henry ARMITAGE a police-officer in the service of the West Cornwall Railway Company, examined the footmarks of two men in a plantation behind Penwarne House. I measured their lengths; one of them measured exactly 12-1/4 inches, and the other full 10-1/2 inches. I did not compare the shoes of the prisoners with those marks; the ground was very wet and soft, and I could only take the length of the marks.
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I apprehended the prisoner Quick on the 18th of September at Davey's rope yard in Illogan; I took off his shoes and made impressions of them in the rope yard, and found that they measured 12-1/4 inches in length. Before I measured, I said to Quick, "if you were one of those who were at Penwarne, your shoes will measure 12-1/4 inches:" and I found that to a hair's breadth. The prisoner Quick made a statement to me which I put down in writing. On reading it over to him he said it was quite correct, and I signed it.
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The witness here underwent a severe cross-examination with reference to circumstances attending the prisoner making and signing the statement referred to, and as to the witness's own share in getting up the case, but no special result followed.
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Quick's statement was afterwards read, with the suppression however of the name of any other person but his. It amounted to a full confession of guilt.
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William NICHOLL, constable of Redruth, I assisted in apprehending Quick and afterwards saw this paper produced. I deliberately read the paper aloud, and said, "Is that true?" Quick said it was true. I then said "Is that your signature?" He said "Yes." I then put my name to the paper.
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The articles of plate were then identified by the witnesses Sarah Quick and by the Rev. M. N. Peters; and the double-barrelled gun, by the Prosecutor and Charles SNELL.
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For the defence Mr. COLE addressed the jury at considerable length, contending, as to the prisoner Chadwick, that the case had wholly failed. With respect to the other prisoner Quick, the learned gentleman trusted the jury would not feel justified in finding him guilty, on what he affirmed was the only piece of evidence against him - his own statement, obtained from him in the manner which had been stated.
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The learned Counsel then called on behalf of the prisoner Quick, Mr. NANCARROWE, foreman at Mr. Davey's rope yard where Quick worked. Mr. Nancarrow stated that he had know Quick more than twenty years and never knew anything against him, or heard anything against him; he believed him to be an honest, respectable young man.
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The learned JUDGE summed up; remarking on the importance, as against Quick, of his statement, the learned Judge said it appeared to him to amount to a full confession as against him, and his lordship also said he could not see that the conduct of the constables in that matter had been blameable.
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At four o'clock the jury put their heads together for consultation, and in about twenty minutes found Chadwick NOT GUILTY, and Quick, GUILTY, with a recommendation to mercy, on the ground that they believed he was induced to commit the act by another person.
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The learned JUDGE then sentenced Quick to be kept at PENAL SERVITUDE FOR SIX YEARS. The prisoner appeared much affected by the sentence.
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RICHARD JENKIN, who had been charged with Chadwick, and had been bailed for trial at these Assizes, was now, together with his sureties, John TRETHOWAN and Thomas Jenkin, called on his recognizances, but no one of the three answered.
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THE ROBBERY AT THE MESSRS. FERRIS'S AT TRURO. - Last evening, James PASCOE pleaded guilty of breaking and entering a warehouse of Messrs. Ferris, tanners and curriers, at Truro, on the 5th of March, and stealing 24lbs. of leather.
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EDWARD JENKIN, who had been held to bail on the like charge, and last evening pleaded not guilty, was put on his trial; but the evidence adduced failed to substantiate the charge against him, and the jury found a verdict of ACQUITTAL. Pascoe was sentenced to FOUR MONTHS� HARD LABOUR.
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The Court then rose.
ASSIZES
NISI PRIUS COURT
WEDNESDAY, MARCH 25.
(Before Mr. SLADE, Q.C.)
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Defrauding - JOHN BRANCH, 36, a mason, was charged with obtaining by false pretences from Joseph VICTOR, a quantity of brass, and a zinc chimney top, with intent to cheat and defraud the prosecutor. Mr. HOLDSWORTH called several witnesses from whose evidence it appeared that the prosecutor is a plumber and tin-plate worker at Wadebridge, and on the 12th of November the prisoner came to his shop for some old brass, which he said was for William WILLIAMS, of St. Merryn, who was a blacksmith and wanted to make some bearings for a machine. Prosecutor had known prisoner for about twelve months, and let him have 24lbs. of brass, the prisoner saying he would bring the money from Williams. The money not being paid, prosecutor afterwards found that William Williams was a carpenter, and that there was no blacksmith of that name either in St. Merryn or St. Eval.
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At the same time (12th November) prisoner ordered of prosecutor a chimney top for Mr. HAWKE, farmer, of St. Ervan, and directed where it was to be sent, to be left till called for. Prosecutor made the chimney top and sent it, and afterwards found that Mr. Hawke had not ordered it. Prisoner, however, had been to Mr. Hawke about the 9th or 10th of November, and offered to cure his smoky chimney. Prisoner alleged that Mr. Hawke then gave him authority to get the chimney top; but Hawke, in his evidence, denied that he did so. It appeared that the top was put up, and Hawke paid prisoner 7s. 10d. on account, which prisoner did not pay to prosecutor, but absented himself for a time from the neighbourhood. The jury found the prisoner GUILTY, but recommended him to mercy on the second charge in reference to the chimney top. Sentence, SIX MONTHS HARD LABOUR.
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STABBING. - SILAS LUCAS was indicted for stabbing and wounding Henry WILSON, with intent to do him grievous bodily harm; another count charged the prisoner with intent to maim and disable.
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The prosecutor, Henry Wilson, is a rag collector, and on the 6th of February, he had been drinking, as he said, a share of sixteen or seventeen pints of beer, and at the Britannia Inn he drank another pint. He stated that although he felt the effects of the liquor, he was still quite sensible.
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On his way from St. Blazey to St. Austell, after he had left the Britannia Inn, and had passed by the houses called "Three Doors," he met the prisoner Silas Lucas, who is a miller, and was on his way from St. Austell market, in company with Thomas ALLEN, a farmer. It as about ten o'clock at night, and a good moonlight. As Wilson met Lucas and Allen, according to his account they parted off on each side, and he went to pass between them, but jostled again Lucas upon which Lucas caught him by the hair. Wilson said he thought Lucas was at first playing with him, and he said "don't hurt old Billy the rag"� which was what the miners called him. Lucas, however, still held him by the hair, and Wilson struck him eight or nine times with the back of his hand; he said he struck him slightly. Lucas said, if he had his revolver he would shoot him; and shortly afterwards he put his hand into his trousers pocket, and then instantly Wilson received a stab in the thigh. Wilson went back to
Three Doors, where his wound was bound up, and he was afterwards taken in a cart to Mr. BERRYMAN, surgeon, at St. Austell.
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The account given of the affair by Thomas Allen differed very much from the prosecutor's statement. Allen represented that Wilson commenced the attach, and struck Lucas several times violently; that Lucas took out his pocket knife and held it towards Wilson to defend himself; that Wilson jumped up in order to give Lucas another blow, and came down upon the knife; that the scuffle in the road lasted ten minutes or a quarter of an hour, and that he (Allen) did not at all interfere.
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The witnesses HARPER and BONE gave evidence of what took place, and the expressions used at Harper's house, where Wilson went after being wounded, and Lucas and Allen went there also. The surgeon, Mr. Berryman, stated that the wound was between five and six inches long; it was a clean cut, and in the middle, he should think was about an inch deep; it was a quarter of an inch from the femoral artery; if the knife had penetrated that artery, the wound would have been fatal. The wound was not simply a stab; it was partly a cut, as if the knife had been waved sideways.
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The defence was that the wound was accidental, and committed by Wilson's own act in attempting to strike Lucas; or if it was not accidental, that the prisoner had received great provocation, and being attacked was justified in thus defending himself, and that he had no such an intent as was imputed in the indictment. Evidence that the prisoner had received great provocation, and being a quiet and inoffensive man, was then given by Edmund PARNALL, draper, St. Austell, and others.
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The learned JUDGE, summed up and the jury, after some minutes deliberation, found the prisoner guilty of unlawfully wounding; and the foreman said, they wished to pass censure upon the witness Allen, for having remained by for so long a time without interfering. The learned JUDGE, in passing sentence said: Silas Lucas, you have been convicted of unlawfully wounding Henry Wilson. There was nothing to justify you in the cowardly action of which you are now found guilty. It is fortunate for you that the jury have found you guilty of the minor offence. The sentence is, that you be imprisoned and kept to hard labour for EIGHTEEN CALENDAR MONTHS.
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- JOHN BOLITHO, a boy, pleaded guilty of stealing a pair of Wellington boots, leather slippers, cloth boots, kid boots, India-rubber galoshes, and an oil-cloth cape, the property of William MAY, of Truro. Margaret JENKIN was charged with receiving the same, knowing them to have been stolen. She pleaded not guilty. Her trial was postponed till the following day.
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NO BILLS. - The following bills were ignored by the Grand Jury - Against William CASLEY, William WATTERS, James ROWE, and James THOMAS, charged with stealing eighty sacks of stream tin from Edward HARVEY, at St. Just. Against Mary DANIEL, charged with endeavouring to conceal the birth of a child at St. Austell. Against Samuel WARREN WESLEY STEPHENS, for an assault with intent, &c.
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We shall give the remainder of the trials next week. (Chief Justice Cockburn had not arrived from Exeter, and it is said a letter has been received stating that he will not visit Cornwall these Assizes.)
[the end of March posts.]
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