|12 APRIL 1839, Friday|
Insolvent Debtors Court - This Court was held in Bodmin on Wednesday, the 3rd instant, before Henry Revell REYNOLDS, Esq., Her Majesty's Chief Commissioner for the relief of insolvent debtors. Mary HODGE was opposed by Mr. P. Wallis, on behalf of Mr. C. Gurney, Clerk to the Trustees of the Launceston Turnpike. The Insolvent, in 1837, became surety for her son, who held a Turnpike-Gate under the said Tru[st]; and at that time had £60 in the Launceston Savings Bank. She took this money out of the bank all at one time; did not know when or even what year it was in; it was before she was arrested in July last year; it must have been May or June. Her son-in-law, Gabriel, was with her at the time of taking out the money; she paid him £20 of this money, which she owed him; he put £10 more to it and deposited the £30 again in the bank, but in his own name; she believed it to be there now. † Gabriel NORTHEY is son-in-law to Insolvent; recollects going to the bank with her when the money in question was taken out; Insolvent paid him at the time £30, £20 of which had been given him by her husband's will, which was produced in Court, and the other £10 she owed him for some time before; he put this £30 in the bank in his own name, and it is there now. He applied to Insolvent at that time for the money, because he knew she was surety for her son, and he could not make good his payments to the Trustees. Insolvent was again examined as to the remainder of the money, and said it cost her £10 the last time she was arrested; it would cost her £10 now, and her son-in-law had lent her £5 to her. The Commissioner would discharge Insolvent conditionally, that £30, which was in the bank, should be paid into a . by the son-in-law, and he become a creditor with the others and put in his claim. To this the son-in-law would not agree, and the Insolvent was remanded. Mr. C. Gurney was appointed Assignee.
John Taylor ELLIOTT was opposed by Mr. Pedlar, on behalf of Mr. William COUCH, who is the detaining creditor. The Insolvent had rented an estate of Mr. Couch, at the yearly rent of GBP25. In January, 1837, he owed for rent £75.15s and told Mr. Robins, who was a banker, and agent of Mr. Couch, that he was possessed of funded property, and would sell it .. to pay him, the receipts of which he shewed him and handed over; believing this, Robins did not at the time pay particular attention as to what was on the Estate, although there was but a little hay on it. There appeared no mention of this bank-stock-property in his balance sheet, which amounted to GBP 500, and the case was remanded in order that he might file a new special balance sheet, with a particular account of the sale and disposition of the proceeds of the bank-stock, and full particulars as to time.
Phillip BARRYMAN was opposed by Mr. Moorman of Falmouth, on behalf of Mr. Penew. The Insolvent applied to the Court for an adjournment of the case to next Court day, in order that he might prepare his papers in a regular manner, as they were now in a very defective condition. Leave granted. Mr. Moorman applied for liberty to summon Mr. Jago, who is father-in-law to the Insolvent, to account for a sum of money of £165, the proceeds of Insolvent's property which had been paid over to him; he would have subpoenaed him to this court, but he promised to attend voluntarily and had not come forward. † Mr. Moorman also applied for leave to summon Mr. T. Pearce, an auctioneer. Permission given.
__ BROWN, formerly a tea-dealer of Truro, was entitled to the benefit of the Act, and discharged.
Extraordinary Fecundity - Mr. John Moyle, of Boddily Farm, in Wendron, has but three ewes on his estate, which this season have yeaned eight lambs, two threes and a two - which, with their dams, are doing well.
Surgical Operation - Last week, a man of the name of Matthew Martin, of Portreath, had his leg amputated by Mr. Henry Harris, surgeon, Redruth. The operation was performed in the presence of several medical gentlemen, and the patient, we are happy to hear, is doing well.
The Attempted Forgery on the Cornish Bank - On Tuesday se'nnight, Thomas Merrett, of Illogan, who has been detected in an attempt to get engraved a GBP 5 note plate of the Cornish Bank, underwent an examination at Bow-street [London]; when the facts as given by us last week having been stated, the prisoner, who made no defence, was committed to Newgate for trail, and the witnesses were bound over to prosecute.
Royal College of Surgeons - We understand that Mr. Samuel Vincent Pryce Michell, third son of Tobias Michell, Esq., of Redruth, was, on Tuesday last, admitted a Member of the Royal College of surgeons of London.
The Late Robbery of Gold Dust - At the Bow Street office, on Wednesday se'nnight, Harris Casper and Lewis Casper, father and son, both Jews, were remanded on a charge of having fraudulently obtained the boxes of gold-dust from the Dublin Steam Navigation Company's Wharf. The particulars of this theft were mentioned last week. It appeared on Wednesday, that the younger prisoner was clerk to the Company; that the handwriting of the letter on which he delivered the boxes was different from that of the person who had shipped the goods to London from Falmouth; and that the boxes ought to have been sent to the Bullion Office of the Bank. They were again examined on Saturday last, and further remanded.
Penzance - Charlotte Gallaway was committed on Monday last, to Bodmin gaol, charged with the murder of her illegitimate male infant, about three weeks old, at Paul workhouse. The child was found in her bed supposed to have been strangled, and the jury returned a verdict of willful murder.
Coroner's Inquests - On Saturday last, John Carlyon, Esq., held an inquest at Cross-lanes, in the parish of Kea, on the body of Ann Letcher, five years and four months old, who was burnt to death on the preceding Thursday, in consequence of her clothes taking fire. The father of the deceased is a miner, in Mexico, and the mother went to Chacewater, last Thursday, for a pair of shoes, and to get another pair mended, leaving the deceased and another little child in the house by themselves. Before she went out, however, she desired her neighbour to look after them, and she got the blower, as she thought, out of their reach. During her absence, and while her neighbour had gone for water, the deceased attempted to get at the blower, and in doing so caught her clothes on fire. She immediately ran out of the house, and was so dreadfully burnt before the fire could be extinguished, that she died in about five hours. Verdict, accidental death.
On the same day, another inquest was held before the same coroner on the body of Henry Bastian, who was accidentally killed, by a scale of earth falling out on him from the side of one of the levels of Poldice Mine. Verdict accordingly.
ADVERTISEMENT - TEETH - Nathl. C. STEPHENS deems it owing to his Friends and Public, that they should be informed he does not hold himself responsible for any one practicing as a Dentist under cover of, and in connexion with his name. To those who may have incidentally fallen into the hands of inexperienced or unskillful parties, N.C.S. will be happy to render his assistance. Residence, St. Mary's Street, adjoining the Rectory, near the Church. TRURO, 4th Month 11th, 1839
ADVERTISEMENT - Emigration to South Australia - MR. E. LATIMER has recently been appointed by the Colonization Commissioners for South Australia, Special AGENT for the SALE OF LAND in the rising and important Colony of SOUTH AUSTRALIA, and for conducting the EMIGRATION of LABORERS desirous of going to that flourishing and healthy country. The necessary limits of an advertisement barely admit of more than a mere statement of a few of the advantages connected with Emigration to South Australia. The great number of settlers that have already gone out have laid the foundation of a colony, which from the fertility of the soil, its freedom from immense forests that require their clearance, incessant, and, at the commencement, unrequited labor - the salubrity of the climate - and the wise precautions taken by the commissioners to ensure an abundance of laborers to meet the demands of the many respectable Capitalists that have taken up their residence in the country - all promise not only the formation of a permanent, but of a highly flourishing community. The many evils necessarily generated under the old system of Colonial misjudgement will be avoided by the wise and judicious plans pursued by the promoters of the Colonization of South Australia, to whose excellent management almost every emigrant, whether capita! list, artisan, or laborer, has borne his unqualified testimony.
The emigrants to South Australia will not come in contact with the mass of iniquity that prevails in the other Australian Colonies, as no convicts are permitted to be sent to this part of Her Majesty's dominion. Those who know anything about the corrupt state of society in our penal settlements will at once see the excellence of this arrangement, as the morals of the emigrants and of their children will not be liable to receive that taint and corruption which it is impossible to avoid where they constantly associate with persons who have been transported for the most heinous offences. The Colony too is not liable to failure, as the commissioners provide that all land shall be sold at a fixed sum per Acre, and the proceeds of every such sale are devoted to the conveyance of labourers free of expense, on certain conditions, some of which are stated below. Mr. Latimer is ready to negotiate sales of land at a uniform price of GBP4 per Acres, in sections of 80 acres each. The! parties making such purchases are allowed the privilege of selecting servants and laborers for a Free Passage, at the rate of one person for every £20 expended in land, conformably to the rules of the Commissioners. With respect to laborers wishing to emigrate the following are the regulations -
1.. The Act of Parliament declares that the whole of the funds arising from the sale of lands, and the rent of pasture, shall form an Emigration Fund, to be employed in affording a free passage to the Colony from Great Britain and Ireland for poorer persons; "provided that they shall, as far as possible, be adult persons of both sexes in equal proportions, and not exceeding the age of 30 years."
2..With a view to carrying this provision into effect, the Commissioners offer a free passage to the Colony (including provisions and medical attendance during the voyage) to persons of the following description:
3.. Agricultural laborers, Shepherds, Bakers, Blacksmiths, Braziers, and Tinmen, Smiths, Shipwrights, Boat-builders, Butchers, Wheelwrights, Sawyers, Cabinetmakers, Coopers, Curriers, Farriers, Millwrights, Harness-makers, Lime-burners, and all persons engaged in the erection of buildings.
4.. Persons engaged in the above occupations, who may apply for a free passage to South Australia, must be able to give satisfactory references to show that they are honest, sober, industrious, and of general good character.
5.. They must be real laborers, going out to work for wages in the colony, of sound mind and body, not less than 15, nor more than 30 years of age, and married. The Marriage Certificate must be produced. The rule as to age is occasionally departed from in favour of the parents of large families.
6.. To the wives of such laborers as are then sent out, the Commissioners offer a free passage with their husbands.
7.. To single women a free passage will be granted, provided they go out under the protection of their parents, or near relatives, or under actual engagement as servants to ladies going as cabin passengers on board the same vessel. The preference will be give to those accustomed to farm and dairy work, to seamstresses, strawplatters, and domestic servants.
8.. The children of parents sent out by the Commissioners will receive a free passage, if they are under one, or fall 15 years of age at the time of embarkation. For all other children £5 each must be paid before embarkation by their parents or friends, or by the Parish. It will be useless to apply for a relaxation of this rule.
9.. Persons who are ineligible to be conveyed out by the Emigration Fund, if not disqualified on account of character, will be allowed to accompany the free Emigrants on paying to the commissioners the bare contract price of passage, which is usually between GBP 15 and 17 for each adult person. The charges for children are as follows: under one year of age, no charge; one year of age but under seven, one-third of the charge for adults; seven years of age and under fourteen, one-half the charge for adults. A passage intermediate between a cabin and steerage passage may also be obtained of the Commissioners at a cost exceeding that of the steerage passage by one-half. † Each intermediate passenger is entitled to half a cabin with some slight comforts in addition to those enjoyed by the steerage passengers.
10.. All Emigrants, adults as well as children, must have been vaccinated.
11.. Emigrants will, for the most part, embark at the Port of London, but if any considerable number should offer themselves in the neighbourhood of any port of Great Britain or Ireland, arrangement will, if possible, be made for their embarkation at such port.
12.. The expense of reaching the port of embarkation must be borne by the emigrants, but on the day appointed for their embarkation, they will be received, even though the departure of the ship should be delayed, and will be put to no further expense.
13.. Every adult Emigrant is allowed to take half-a-ton weight or twenty measured cubic feet of baggage. Extra baggage is liable to charge at the rate of £2.10s the ton.
14.. The Emigrants must provide the bedding for themselves and children, and the necessary tools of their own trades; the other articles most useful for emigrants to take with them, are strong plain clothing, or the materials for making clothes upon the passage. In providing clothing, it should be remembered that the usual length of the voyage is about four months.
15.. On the arrival of the Emigrants in the colony, they will be received by an Officer, who will supply their immediate wants, assist them in reaching the place of their destination, be ready to advise with them in case of difficulty, and at all times give them employment at reduced wages on the Government works, if from any cause they should be unable to obtain it elsewhere. The Emigrants will, however, be at perfect liberty to engage themselves to any one willing to employ them, and will make their own bargain for wages. This arrangement, while it leaves the Emigrant free to act as he may think right, manifestly renders it impossible for the Commissioners to give any exact information as to the amount of wages to be obtained; they can merely state that hitherto wages have been very much higher than in England.
Mr. Latimer will readily furnish any other information that may be required by persons desirous of emigrating whether as free or cabin passengers; but all communication to him on this subject must be postage free. ROSEWYN, Truro, February 27, 1839
CORNWALL GENERAL QUARTER SESSIONS - These sessions commenced on Tuesday last before E. W. W. Pendarves, Esq., M.P., Chairman, and a bench of Magistrates. . The Assizes having so recently taken place the cases on the calendar were very few, and the offences light. There were, however, several cases out on bail. The Chairman made remarks [regarding the number of cases; expenses have been very much increased. † He then brought attention to the large number of cases in which children have been burnt to death. The Judge, Mr. Baron GURNEY, who is a very eminent criminal Judge, said that in some cases perhaps, where there was actual negligence on the part of the parents, they might be indicted for manslaughter. He would call the attention of the coroners to this subject, so they might go very minutely into the kind of negligence through which the death had happened. He also advocated the establishment of "infant schools", which would be of benefit to the population, and be the means of preventing many of those accidents which happened in the absence of the parents.]
Mr. Burt's bills, for work done in the new Hall at Bodmin, amounting to £19.5s.8d. were referred to the Committee for investigation. Mr. Everest presented an estimate for conveying pipes and fixing a meter &c., into the new Hall, so that they may be lighted with gas. The estimate included the cost of the meter, and was stated at £15.14s.
Mary Ann BARNICOAT, 22, for stealing on the 17th of January last, a quantity of articles of hosiery, the property of Edward MICHELL, of Redruth. Mr. John appeared for the prosecution; and Mr. Bennallack and Mr. Stokes for the prisoner.
Emily CARVESS examined: I attend in the prosecutor's shop; the prisoner was a servant of Mr. Michell's; on the 17th of January last I went into prisoner's room between five and six o'clock; I went there with Miss Michell, the daughter of the prosecutor; when we went there, we saw things there; I afterwards saw the prisoner on that day; Miss Michell told her that she understood she had things in her box not her own; she said that Miss Michell was very welcome to see what she had in her box, and she went up stairs with Miss Michell. † Mary BARNICOAT was turning up one box; there was nothing in that that Miss Michell claimed; Miss Michell said she thought she had things in another box; she said she had not. There was a search made of a second box; the prisoner took out the things. She took out a shawl which was in a bag with a silk handkerchief. The bag was a nankeen bag. There was no other property in the bag. They were both new. A pocket was found with lace, a cap, and a chemisette; the pocket was in the box; there was a pair of gloves; I think they were found in a drawer. Miss Michell asked how she came by them. First she said her mother bought the shawl for her. She said afterwards that she took them from the shop off the counter. Those articles were given to Uren, the constable.
Cross-examined by Mr. Bennallack - I never heard either Miss Michell, the prosecutor, or Uren say to the prisoner "if you will charge Grace Williams with the robbery, and turn Queen's evidence, you shall go free." If we had anything to drink, I never took money out of the till, but I always paid my part. † The fortune-teller was not there the week that Mrs. Michell died. I have sent the prisoner for beer which I have drunk. I never took money out of the till to make a sweet giblet pie. (laughter)
Mary Ann Michell, daughter of the prosecutor, confirmed the evidence, as to the search, of the last witness.
James UREN, constable of Redruth, went on the 15th of January last, and had some property put in his possession. The prisoner was by at the time, with the prosecutor and several of his family. The witness produced the things which Miss Michell identified.
Emily CARVESS was recalled, and identified some of the articles. They were also identified by Mrs. Jane SAMPSON, sister of the late Mrs. Michell.
Christian CRAZE was servant to Mr. Michell, and remembered the prisoner living there; was a newcomer to the house; remembered a charge being made against the prisoner; asked her how she came by the things, and the prisoner said "I had a false key." The shop was locked when it was closed, and Miss Michell kept the key.
Edmund MICHELL proved that the prisoner had put her X to a confession before Mr. Magor. In this confession she stated the particular manner in which she had stolen the articles.
Mr. Bennallack addressed the jury, and stated it was the lamest case that was ever brought into a court of justice. The jury however thought differently, and found a verdict of GUILTY. Six month's hard labour, four weeks solitary confinement.
Grace WILLIAMS, 22, was charged with having robbed Mr. Michell, of some brown nankeen and other articles. The case was similar to the last, the prisoner being also servant of the prosecutor, and she had confessed, but the jury found her NOT GUILTY.
Edmund REYNOLDS, 12, was charged with stealing two mole traps, at Sancreed, in February last. George JENKIN examined - I am a mole trapper; in February last I was employed by Peter ROWE, in Sancreed; on the evening of the 21st I set some traps; in the morning, I found one trap gone. I traced the foot steps into another field, where another was taken away, and to a blacksmith's shop; and found the prisoner in Madron. I charged him with stealing them, and he told me they were up Drift-lane, in a bolt. He took me to them, and they were the same as I lost. The prisoner said that he had picked them up while going to work, and he took them home, when his father asked him where he got them from, and he told him. The father gave him a slap in the face, and told him to put them by, and he did, intending to place them there the next day. GUILTY, to be confined till the end of the sessions, on account of his good character and the recommendation of the prosecutor.
Matthew RODDA, 50, pleaded guilty to the charge of stealing a tin pan and a gallon of honey. To be confined till the end of the sessions.
John Wm. INCH, charge with stealing a pair of boots, the property of John OUGH. John Ough examined - I am an ostler at the Queen's Head in Bodmin; the prisoner was under-ostler; I remember the 21st of February; I saw one of the yard doors open, it was fastened the night before, and I was the first that went into the yard; I went to the boat-house between seven and eight o'clock; a pair of my boots were gone from there; I had seen them there the day before; I have seen them since at East Looe; I took a constable with me; we went on the last Thursday night; I saw the prisoner there; I saw the boots under a little table; John TUCK took them, and put them on, and the constable told him to come along with him. I examined them and found them to be my boots.
Richard HARRIS - I am a constable of Bodmin, and went to the prisoner's father's house at East Looe, about five in the morning. The witness confirmed the statement of Ough, and produced the articles stolen, which the prosecutor identified as his property.
James Bond HARRIS, a boot and shoe maker, proved that he made the boots for Mr. Bond, who was called, and proved that he sold them to the prosecutor. GUILTY - three months' hard labour.
Joseph FRANCIS, 20, was charged with stealing a watch and chain, the property of his father, James FRANCIS, gardener, of Truro. James FRANCIS - I am a gardener at Truro, I missed the watch on the 2nd of April; I went to Falmouth and heard that the watch was pawned there. Jacob MOSS - I am a pawnbroker residing at Falmouth. The prisoner came to my shop on Wednesday last with a watch to pawn. I asked him whether it was his, and he said it was, it had been left him by his father, who was dead. I then took out the watch paper, and there found on that the initials of James Francis, White Hart; and then asked him what his father was, and he said that his father was a gardener, but that he formerly kept the White Hart in Truro. I thought the story was true, and I advanced him 20s on the watch. Edward BENNETT examined - I am a constable at Falmouth. I was sent for to take the prisoner into custody. Mr. Moss was recalled, and he produced the watch which had been in his care ever since it was pawned, and the prosecutor swore that it was his property. In reply to a question from Mr. Bennallack, the father stated that he believed his son to be deficient in intellect. Clarinda FRANCIS, the mother, stated that the prisoner was always of a very soft nature - he was not quite a natural fool - but he was weak. Another witness was called who gave him a good character. GUILTY.
William ROWE, 31, was charged with stealing one sheaf of reed, the property of Joseph Horsey MEAD, and James MEAD, of Redruth. Mr. John stated the case as one of great aggravation as the prisoner was in the employ of the prosecutor, and was in very good circumstances. Mr. E. Coode and Mr. Stokes defended the prisoner. Benjamin MICHELL: I am an apprentice of Messrs. Mead, at Redruth, flour factors; on the 19th of February I went into my master's yard to watch between eight and nine; the prisoner came there a few minutes afterwards to attend to his horses; he did that. I was placed so that he could not see me; I saw him take out a sheaf of reed out of the stable, but he heard someone coming and returned it again. I heard the footsteps. He left it there a minute or two and then returned again. He took it away, and went towards the direction of his house. Mr. Mead was waiting on the prisoner's way home. I soon followed and saw the prisoner and a constable coming up with Mr. Mead. The prisoner has been employed as a cartman to carry out groceries and other articles. Cross-examined by Mr. Coode - I was placed in a linhay, about five or six yards from the stable. He has been my master's waggoner some time. J. H. MEAD examined. I live at Redruth, and have a brother named James as partner; we are grocers and factors; we send our goods round in a wagon; the prisoner had been with us nearly 14 years. I remember, in consequence of some suspicions that I had, on the 19th of February, I placed the last witness to watch; I placed myself behind a hedge, in a lane between my premises and his house. Medlin, the constable, was watching with me; † shortly before ten, I saw the prisoner with a sheaf of reed on his shoulder; he was going towards his home. After he passed us, we followed him down to his house,; he was in the yard of his house when I touched him on the shoulder; I said "I am sorry, William, to see you acting thus," and he said "I hope, master, you don't mean to say anything about this; it is only a little reed for the cradle." I said "if it was the only thing I had seen, I might not have said anything about it, but I cannot forgive you." I then gave him into custody. The statement of the prisoner before the Rev. G. TREWEEKE was put in and read. In that the prisoner stated that he took the reed, but did not take the peas. The prisoner keeps a horse and cow. Mr. E. Coode addressed the jury for the prisoner, and called several witnesses who gave him a good character. The jury found the prisoner NOT GUILTY.
The prisoner was again charged with stealing one hundred weight of hay. The prosecutors were the same, and the place the same. Mr. John having stated the case, called - Benjamin MICHELL. On Saturday evening, the 16th of February, I was sent into the linhay about ten at night. The prisoner was in the stable when I came. I saw him come out of the stable. He had a candle and a lantern with him. I saw him come out and lock the stable door. He went out and shut the gate, shutting himself in. I saw him go down through the yard into the mowhay. I saw him .. there was a small bit left, and he pulled out as much as he could carry under his arm and walked out with it. I knew it to have been my master's property. My master was with me. Cross-examined by Mr. Coode - I was there awaiting about a quarter of an hour or twenty minutes. He went out of the mowhay through a gate into Mr. Mead's field to his way home. I won't swear that Mr. Mead's cow was in that field. I did not go after him. Mr. J. H. MEAD examined - this witness confirmed the evidence of the last witness. He rather thought that he had no cow in that field. The prisoner went in the direction of his house across the field. Mr. E. Coode addressed the jury, and urged that if the last case was one they could not convict upon, this was a much weaker case, and he felt confident of their verdict, for he was satisfied that even if he took hay, it was for the purpose of throwing it down for Mr. Mead's cow. Verdict, NOT GUILTY.
There was another indictment for a similar offense, but this was withdrawn.
The Court then rose.
Quarter Sessions continued - WEDNESDAY, APRIL 10
Mary LOBB, 25, was charged with stealing a pair of bellows, the property of Mr. James WHITEFIELD, conveyancer, of St. Columb. Mrs. Whitefield stated that the prisoner was a "charer", or occasional servant with her in 1837. The day after she left the service, witness missed a pair of bellows, and on questioning Mary LOBB, she said she had not seen them. Witness next saw them at the prisoner's house, on the 2nd of this month, and knew them by several marks. She then handed them to the constable, John BARROW, who now produced them in court, and Mrs. Whitefield identified them. GUILTY. One week's imprisonment.
Sarah LIDDICOAT, 12, was charged with stealing a shirt, shift, and other articles, the property of Thomas NICHOLLS, of St. Columb, on the 2nd instant; and Mary LOBB was charged with receiving the same, and knowing them to be stolen. It appeared from the evidence that a quantity of linen had been hung out in a field to dry, and that the younger prisoner was seen, in company with the other prisoner's daughter, near the field in question, on the day when the things were stolen. A constable afterwards searched Mary Lobb's house, leaving a shoemaker, named PASCOE, inside the door, while he went up stairs to search the bed room. † During that search he was interrupted by Pascoe, who called out to him to come down, Pascoe having seen the woman run out of the house. Pascoe followed her, and saw her throw a bundle of clothes behind the house. These were picked up by Barrow, the constable, and they were identified by Mrs. Nicholls, as her husband's property. This being the case, Mr. Johns took an objection, that there was no proof against Sarah Liddicoat, of having been concerned in the robbery, and there was therefore no case to go to the jury against his client. Mr. Bennallack appeared for the other prisoner, and said as there was no larceny proved, his client could not be found guilty of receiving stolen goods. The Chairman said it was clear that the evidence was too slight against the prisoner Liddicoat, she having been seen only near the place, and then in company with the daughter of Lobb. That being the case, the evidence against the other would fall to the ground, because it was necessary that there should be a conviction for stealing before they could find a verdict of guilty for reeiving stolen goods. Verdict, NOT GUILTY.
Mary LOBB was again indicted on a charge of receiving stolen property, knowing it to have been stolen. † The bill, as against Sarah Liddicoat, was ignored; consequently, on the same ground as in the last case, the jury returned a verdict of NOT GUILTY. [* see below for more information.]
Mary Ann KINSMAN, 19, was charged with stealing ten worsted stockings, the property of Elizabeth BLEWETT, a servant of Launceston. It was proved by a constable that the stockings belonging to the prisoner were found upon the person of the prisoner, having been taken away from the door where the prosecutor had left them to dry. † There was no proof as to the stealing, and the jury found a verdict of NOT GUILTY.
Thomas JEFFRY, 51, was indicted for stealing a great coat, a gallon of oats, a nosebag, 50 lbs of hay, and a canvas bag, the property of Thomas BRAY. The prosecutor was employed on the road between Carharrack and St. Day, on the 18th of January, and left the things in question on the high road while he went twice to Poldice. On his return the second time, he found the things gone. A little boy named William JACKER stated that he saw the prisoner pick up the tings and take them away. WHI..BURS, a constable of Gwennap, gave evidence that he went to the prisoner's house, and asked him for the property named above, and he immediately gave it to him, or told him where it could be found. Mr. Stokes defended the prisoner, and urged that the man had picked up the things, there being a trial between him and Tucker as to which should be the first grasp. The Learned Gentleman called several persons about the court (Mr. Michael MORCOM, Francis SKINNER, and James GOLDSWORTHY), who! gave him an excellent character. GUILTY; recommended to mercy. One week's confinement. [no explanation of who Tucker was, or why they had a trial between the prisoner and him..]
William BENNETTS, 34, was indicted for stealing 30 yards of blanketing, and other articles, the property of Mr. Philip Blamey, of Gwennap. Mr. John appeared for the prosecution; Mr. Stokes for the defense. Mr. John stated the case, and called - Philip BLAMEY, jun. - I live at Gwennap, and am a woolen manufacturer. In the latter end of October last, in consequence of a particular order that I received from Mr. HOSKIN, of Pen..ere, I caused a peculiar description of blanketing to be made at my woolen manufactory. It was made; it was not of the common kind. The general sort of blanketing that we make is made of worsted chain; this was made of yarn chain; we made only two pieces of the same description before. It was wove plain. I sent it on the 25th of December in a wrapper directed to Mr. Hoskin, Penzance. I know the prisoner; he keeps an eating house in Camborne. It is at his house where goods are deposited for the vans. In consequence of some suspicion, I went to Camborne and found some blanketing in whole and half blankets, and I accompanied Tippet, the constable, to the prisoner's house. The first time I went to the house I saw some articles which I believed to be mine. His wife said they were not my goods, and I went away. I had a search warrant then; in consequence of something that I heard there, I went to make enquiries at Redruth. In consequence of not having received satisfactory replies to my enquiries, I returned on the 1st of March to the house, and then it was that the blanketing was put in the possession of Tippet. The second time I went to the house I took James Williams, my foreman, with me. I found some "Sandford" there, it was the width of that which I had lost, and was about three yards and a quarter. It was precisely of the same quality as that which I had sent to Hoskin. It was on the bed in one of the rooms in the prisoner's house.
William TIPPET corroborated the evidence and produced the blanketing that he had taken into his possession in the prisoner's house. John WILLIAMS, examined - I am the foreman of Mr. BLAMEY, at Perran; have been in the woolen business 20 years; in the month of December last I received directions to make a particular kind of blanketing; it was made about the end of December. It was what we call plain country blanketing; we never made any unless we have an order for it. It is warped both ways - not raised as blanketing is in general. I have never made but two pieces of that kind of blanketing before. I knew this to be the piece of blanketing which was made in December month at master's factory. I gave it to John MAY, to take to Mr. Blamey's house at Gwennap. The term plain blanketing has reference to the wearing of it. Julia TOZER worked the blanketing, and knew it again by a remarkable bad selvage. John PENTICOAT, another workman in the employ of the prosecutor, hung out the articles stolen on the hooks and racks, and he could swear to it from the circumstance that the nails ran, throwing it being wet weather while it was out, and it remaining .out a longer time than usual. He could also swear to it by its bad selvage. William MAY remembered receiving goods from Williams, which he carried to his master's. They were afterwards made up in a bundle. He could not say what was inside of it. He took thirteen bales on the 28th of December to the prisoner's house. One of these bales was directed to Mr. William HOSKIN, Penzance. He counted over the bales to the prisoner's wife. Mr. Hoskin stated that he had given orders for the articles in question, and had never received it. Mr. John then put in the prisoner's statement before the magistrates, in which he said he had purchased the blanketing of a packman for 22s.6d. at Mrs. Trewolla's, at Redruth.
Mr. Stokes addressed the Court for the prisoner, and called Elizabeth BENNETTS, who stated that she was a sister-in-law of the prisoner; about seven weeks before Christmas, the prisoner's wife went with him to Redruth, while witness stayed at home with the children; the prisoner's wife brought home some blanketing in a handkerchief, and witness helped cut it and make it. She knew it was the same as that produced, because she washed it several times, and had slept under it. The witness was rigidly cross-examined by Mr. John, but she stuck to the seven weeks, and declared the reason why she knew the blanketing, was, because she had never seen any like it before or since.
Mary HANCOCK lives at Camborne and keeps a bake-house; about seven weeks before Christmas she saw prisoner's wife going to Redruth. She saw her afterwards on her return. Mrs. Bennetts called in, and as she was tired she sat down. † Witness looked at the corner of some blanketing, and asked her how she came to buy such thin stuff as that. Cross-examined: Did not know what day Christmas fell on; knew that it was seven weeks before Christmas that the prisoner's wife called, because she had a pig killed on that day. (great laughter)
Mr. PASCOE, carrier of Truro, had known the prisoner about two years, and had, in his business transactions, frequently left many valuable articles in the prisoner's possession, which always went safely to their destination. Mr. John addressed the jury, and pointed out the utter incredibility of such witnesses for the defence as Mrs. Bennetts, who stated that she had washed the blanketing several times during the time she swore to its being in her brother-in-law's possession, while it was well-known with persons of her class of life, sheets could hardly be washed more than once, and once a year would be thought almost sufficient for blankets. GUILTY. One year's hard labour, four week's solitary confinement.
Mary LOBB was again placed at the bar and charged with stealing a quantity of wearing apparel, the property of Thomas NICHOLLS, of St. Columb. The same evidence was given as before, and the jury found a verdict to GUILTY. There were three other indictments against the prisoner, but they were withdrawn, she having already been found guilty on two. Transportation for seven years.
John RETALLACK,22, was charged with stealing a bag, the property of Thomas BLAKE. The case was proved, and Mr. Bennallack then took an objection to the indictment in which it was stated that the offense was committed on the 28th of December, 1839, a day that had not arrived. A long discussion took place on the matter, but the bench eventually ruled that the indictment was good. Mr. Bennallack then addressed the jury, and asked them whether the charge against the prisoner of stealing a bag on the 28th of December, 1839, was proved by the evidence. It seemed to him perfectly absurd to say that such a charge could be substantiated. The Chairman, in summing up, said it very clearly appeared to them that an act of Parliament which passed lately was passed purposely to cure mistakes of this kind, and therefore the Court thought the indictment was good. They [the jury] would not direct their attention to the law of the case, but to the evidence. The Hon. Gentleman then went ! through the evidence, and the foreman said "we find him guilty; but as it is not a very clear case, we recommend him to mercy." Mr. Bennallack begged that that verdict might be recorded, because he considered it a verdict of acquittal. (laughter) Six months' hard labour. The same prisoner was again indicted for stealing a quantity of potatoes the property of Mr. Anthony ROSE, of Ladock. It appeared that the potatoes had been found concealed in a croft belonging to Mr. Joseph BLAKE near the prosecutor's field, and the prisoner was afterwards seen at the spot coming from it with a bag of potatoes towards his own house. Mr. Blake had previously taken one each of the two sorts of potatoes and shown them to the prosecutor, who recognized them as of the same kind as those which he had grown. The prisoner took the potatoes to his own shed, where they were found on the premises being watched, by Mr. Joseph BLAKE, who saw them turned out of the bag, for the stealing of which he [Retallack] was indicted and convicted in the last case. GUILTY. One year's hard labour, six week's solitary confinement.
Edward FURKIN was indicted for stealing a bag, the property of Joseph BLAKE, of Ladock. The bag was lost on the 25th of December, and found in the house where the prisoner lived, under his bed, on the 3rd of February. The prisoner's brother said that he had never seen it till that day, and prisoner said that it had been brought to the house by Retallack (the prisoner convicted in a former case) who lodged there. The Court said that there was time enough between December and February for the property in question to have passed through many hands, and it would be unsafe to convict a prisoner under those circumstances. NOT GUILTY.
The Jury were discharged, and the Court rose about seven o'clock. - THURSDAY, APRIL 11
The Court proceeded this morning to sentence the prisoners, after which Mr. EVEREST asked what he should do with three prisoners named John WILLIAMS, John CARLYON, and John DUDLEY, who had been committed on a charge of stealing oysters, the property of Mr. John TYACKE, from the Helford River.
Mr. E. Coode said the prisoners were committed for the next assizes, and must be taken back. Mr. Bennallack, who appeared for the prisoners, contended that under the commitment, which was that they be committed till they are discharged in due form of law, the court had the power to try and it ought to try. [Mr. B pointed out Mr. Tyacke had been in court the previous day; they could have sought an immediate trial; there was no reason to hold the men three more months before having a trial. The Chairman said he did not see why the men could not be out on bail. Mr. Coode objected, and stated the court did not have the power to release the men.]
After some consideration, the Chairman said the Bench considered that they had not the power to discharge them. The prisoner had better spply to the Judge for permission to take bail. We feel it an exceedingly hard case, that they should be continued, but the Court had not the power to liberate them.
The Court then proceeded to hear appeals, which will be reported next week.
19 APRIL 1839, Friday
Excerpt from the Editorial column: - Our contemporary asks us how it happened that, when we heard the truth suppressed and distorted in the Court at Bodmin [regarding the Church-rate Riots] we did not step into the witness-box and give our own honest and impartial account of the matter? Such a question, we need not say, is too preposterous to be formally answered, and can be put with no other view than to raise a dust, for the purpose of blinding his readers and obscuring the subject. He knew well, or ought to have known, when he penned such stuff, that we neither heard the witnesses for the prosecution give their evidence, nor knew what evidence the defense had given, until we heard it recapitulated in the summing up of the Judge; but if we had heard it, we suppose it would scarcely have been consistent with the regulations of the Court . the testimony of a voluntary witness on .. However, we were there to be [interrogated] if needed; and had we been placed in the witness box, we should not have found ours! elves even in the dilemma which our contemporary seems to imagine; for, although we never doubted that the proceedings at the Church-rate sale, taken altogether, amounted to what the law would call a riot, we should have been able to contradict much of the evidence given on the part of the prosecution without being in any danger of committing the crime of perjury, to the heinousness of which a long familiarity with "Custom house oaths" has not rendered US insensible. The verdict of the jury has, however, been pronounced upon the case; and whatever we may think of the excusableness of the alleged riot, or the animus of the prosecution which has been founded upon it, the justness of that verdict, we again repeat, we will not attempt to impugn.
CORNWALL EASTER SESSIONS - concluded from our last APPEALS
St. Breock v Egloshayle - Mr. E. Coode and Mr. E. Lyne for the appellants; Mr. John and Mr. Lakeman for the respondents. This was a question as to the settlement of a pauper named Anne Peneliggan, wife of James Peneliggan, a convicted felon. There was nothing of public interest in the case. [But, from a genealogical point of view, very interesting! jm] James' aunt, Ann NANKIVELL, proved that James was born in St. Breock. However, he spent a lot of time working for Mr. Wm. WARNE, farmer, of St. Gidgey[?], in St. Issey. An old man named William RICHARDS, and Edward VIVIAN, ostler at the Blue Anchor, both of whom had been in the service of the late Mr. Warne, stated that the pauper's husband came to live with Mr. Warne about the year 1821, and continued with him for more than twelve months. The evidence on this point, however, was not satisfactory, and the court confirmed the order.
Veryan v. Philleigh - Mr. E. Coode and Mr. Smith for the appellants; Mr. John and Mr. Simmons for the respondents. This was an appeal against an order of removal obtained by the parish of Philleigh to Veryan. The pauper, Mary TRUSCOTT, was widow of John TRUSCOTT, who obtained a settlement in Veryan by an apprenticeship with a carpenter, named John Elvins, of Veryan. [Mary and John were married in 1818; children had never done anything to gain a settlement. Was only apprenticed for 2 years, when Mr. Elvins died. Mr Elvins moved to St. Stephen in Branwell, and did not take John Truscott with him at that time. Counsel fought over the date the apprenticeship started; paperwork was not all correct, which may have invalidated it. After a long time, court decided the indenture was valid despite the incorrect date.]
Wendron v. Penzance - Mr. E. Coode and Mr. Grylls for the appellants; Mr. John and Mr. Smith for the respondents. This was an appeal against an order made for the removal of an illegitimate child named Clarinda GREEN from the borough of Penzance to the parish of Wendron. In the latter part of the last century, the grandmother of the pauper married a man named Thomas MOYLE, who lived at Wendron, and whose settlement was admitted to have been in that parish. In 1800 he was convicted of a felony, and transported for seven years; on his return he went to Wilton, in Wiltshire, where he cohabited with a woman, whom he afterwards brought down to Wendron. His wife, after he was transported, lived with a man named GREEN, and took his name. While she lived with him, she had several children, and Jane, who was the mother of the pauper, and who is now dead, was one of the offspring of that illicit connexion. The pauper's mother died in September last, previous to which she had been confined in the p! arish of East Stonehouse; but as the child was illegitimate, it derived its settlement from the grandfather. Several points were contested by the learned gentlemen employed on both sides, and the pauper was near being inflicted on the parish of Wendron, when Mr. Coode took as an objection the non-accessibility of Moyle to his wife within reasonable time prior to the birth of the pauper's mother. The evidence was unfit for publication, and the non-accessibility being established, the order was quashed. The Court then rose.
CENTRAL CRIMINAL COURT [London] - Thursday - Thomas MERRIT (previously shown as Merret] was indicted for having in his possession a plate for the purpose of taking off a certain note of the Cornish Bank in Truro, without lawful authority. [Asked printer in Soho to make a facsimile of the stamp on the note, then for a copy of the entire bill. The engraver put him off, asked for a deposit of GBP 15 - which he paid - then went to Messrs. Ford and Co., agents for the bank in Truro. They alerted police, who arrested the prisoner after he received the plates, and printed notes, from the engraver. Prisoner told them he had the notes printed on the instruction of Mr. WILLIAMS of Truro, a grocer. Also said he did so on instruction of Mr. GRIBBLE. Constable sent word to Truro; no such person there.] Mr. William TWEEDY, a partner in the banking establishment, said he never authorized the prisoner to engrave notes for the firm. Mr. Phillips addressed the jury for the prisoner. The jury pronounced a verdict of GUILTY, at the same time expressing their opinion that the prisoner had been the dupe of others. Mr. Justice Coltman, having taken some time to consider his judgement, told the prisoner that, notwithstanding the suggestion thrown out by the Jury, he confessed he could see nothing in the case to warrant him to pass a lighter sentence than the law specified in cases of this description. His Lordship then sentenced the prisoner to be transported for the term of 14 years.
NEWS of the week
The Late Prosecution for a Church Rate Riot - We are requested to state that W. Tooke, Esq., has sent a second subscription of GBP 5 toward defraying the expenses of the late prosecution. James Brown, Esq., Burton Bradstock, Dorset, has also sent GBP 5; and Mr. E. Nicholls, Bridport, GBP 1.
Meteorologial Tables - St. Austell - JANUARY 1838
Weather - Winds - Temperature -†Prevailing diseases
15 days fine with severe - 15 days NE - lowest 22 - Pleurisis
frost - 7 days SE - highest 50 - Pneumonia
2 without frost - 9 days SW - mean 38†- Enteritis
11 days rain - Influenza - 3 snow and sleet - Rheumatism
24 days rain - 15 days SW - lowest 35 - Pleurisis
7 fine - 15 days NW - highest 48 - Gastritis
1 day - N - mean 30 - Measles
strong gales - 4 - Small Pox Scarlantius [scarlet fever] - Whooping Cough
Coroner's Inquest - On Saturday last, an inquest was held before W. J. Genn, Esq., coroner for the town of Falmouth, on the body of a woman[sic] named Humphry Humphries, of H.M. H. "Pigeon," who met his death on the previous night, by falling over the quay at Flushing. His companions and the officer of the watch were examined, from whose evidence it appeared that to the men were going to their boat about eleven o'clock, deceased fell over the quay, and the tide being out, he fractured his skull, and died immediately. Verdict, accidental death.
Another inquest was held at Crafthole, in the parish of Sheviock, on Saturday week, by J. Hamley, Esq., coroner for the county, on the body of Elizabeth SOTHERON, the wife of a labouring man of that parish, who hung herself on the previous Thursday to a beam in her bedroom. It appeared from the evidence that she had for a considerable time been subject to a great depression of spirits. On the Thursday she had made preparations for her husband's supper, after which she must have locked the front and barred the back door of her cottage. On his return in the morning, he obtained an entrance by the chamber window, when he found her suspended, quite dead. Verdict, Insanity.
Longevity - On the 9th instant, an old woman named Cherry Woodman, aged 96 years, was buried at St. Dennis, in this county, leaving behind her five children, 38 grand children, 80 great grand children, and one great-great grandchild, in the whole a progeny of 121 persons.
Scilly Islands - On Thursday morning last, the body of a young man was found floating in the water, near the quay at St. Mary's, and the punt of a vessel lying close by. On inquiring it was found that the deceased (whose name was Samuel Hicks, a native of St. Agnes Island) was a sailor, belonging to the "Emerald", of this port; and that he had, on the preceding night, obtained leave to go ashore by himself; but, as the weather was exceedingly tempestuous, and very dark, he had probably missed the landing-place, and fallen in the water. He was "the only son of his mother, and also left a widow."
23 APRIL 1839, Friday
James William Ball and William Millar, of 8, Mount-pleasant, Grey's-inn-road, printers. Thomas Paten, Worthing, Sussex, lodging-house keeper.
Thomas Harris, St. Alban's, Hertfordshire, grocer. Francis Leete, late of Chipping Ongar, Essex, victualler.
John Hartley Butterworth, of the Rose and Crown public-house, Leadenhall market, London, victualler.
John SMITH, of TORPOINT, Cornwall, baker, May 4, at ten, and May 31, at two, at the Royal Hotel, Plymouth. Messrs. Sole, solicitors, 68, Aldermanbury; and Mr. Edw. Sole, solicitor, Devonport.
John Chapman, Wisbeach, St. Peters, Isle of Ely, victualler.
Richard BYNON, Devonport, clothes-dealer.
William Davis, Bath, linen-draper.
ADVERTISEMENT - The REV. WILLIAM MOORE has to acknowledge the receipt of a letter from Messrs. Paul, Smith, and Roberts, requiring an apology from him to Mr. Oke, of Pydar-Street, for certain expressions used by Mr. Moore in reference to Mr. Oke, at a meeting held at the Institute in this town on the 5th instant. From his recollection, and the impression on his own mind of what he said on that occasion, Mr. Moore is not aware of having used the term perjured in reference to Mr. Oke, or of having imputed to Mr. Oke that he committed perjury in the evidence which he gave on the recent trial for a Church-rate Riot. It was not his intention to have done so; and if it is stated by others that he did, he expresses his regret that the imputation should (even in an unpremeditated speech) have escaped his lips. Truro, April 23, 1839
On Wednesday last, an inquest was held before John Carlyon, Esq., and a respectable Jury, at Treninick, in the parish of Gorran, on the body of Richard SMITH, a young man 19 years of age, who was killed the preceding day whilst driving some horses attached to a threshing machine. The person feeding the machine found that the horses had slackened their paces, and on sending to ascertain the cause, the deceased was found lying on the ground with his head crushed in a dreadful manner. He must have stood up on the draught arm of the machine to drive, and his head must have been crushed between the span-beam and the arm of the horse-wheel - a space not quite five inches wide. Verdict, accidental death - deodand, 6d.
Child Burnt - At Kertenwood, in the parish of St. Erth, on Thursday se'nnight, a lad about six years of age, belonging to William Pearce, was so dreadfully burnt, by his clothes catching fire, that he expired in a few hours.
Melancholy and Fatal Occurrence - Devon - On Thursday week, Mr. James Trenery, a young man about 21 years of age, in the service of Messrs. E. and W. Blake, drapers, of this town, was engaged at London House, Edgcumbe-street, Stonehouse, in measuring a portion of the stock which his employers had lately purchased of Mr. Tremaine. Between five and six o'clock in the evening, he left the shop for the purpose of going into the garden, and scarcely five minutes had elapsed, when he was discovered stretched on the courtlage in a state of insensibility, bleeding profusely from the nose and mouth. Dr. Isbell was called in, and found, on examination, that the skull had sustained a very extensive fracture. The case presenting an alarming aspect, Mr. Tripe, being sent for, soon arrived, and the sufferer was, in the course of the evening, removed to the residence of Messrs. Blake, Catherine-street, Devonport. On the following morning, the medical gentlemen determined on an operation, and that of trepanning was very skill! fully performed by Mr. Tripe, which seemed to afford some temporary relief. The brain, however, was discovered to be greatly compressed, and the injuries were altogether of so serious a nature, as to preclude all hope of restoration. Indeed, the worst fears were entertained from the beginning. He was occasionally convulsed, and became gradually weaker till about 10 o'clock on Monday morning, when death put a period to his sufferings. He remained insensible to the last. The unfortunate deceased was a young man of remarkably steady habits, was a general favorite with the members of the establishment, and much respected by his employers. He was the son of W. T. TRENERY, Esq., of Rose-hill, Redruth, Cornwall, and his sorrowing parents, who have been thus called to mourn the bereavement of a beloved son, were present at his dissolution. How true the language of the sacred penmas, "In the midst of life we are in death." and how many incidents lie in ambush to push us to the tomb? An Inquest was held on Monday at the Barley Sheaf, Catherine-street, before A. B. Bone, Esq., Coroner, and a respectable jury. Dr. Isbell, and those with whom the young man had been engaged during the day, were examined. Although it did not appear in evidence - no one having witnessed the fall - there is little doubt that the deceased slipped his foot in descending the garden steps, and the Jury, after a few minutes' deliberation, unanimously returned the verdict of "the deceased was found lying on the ground, in a state of insensibility, from a fracture of the skull and compressions of the brain, which caused his death; but how the injuries were received does not appear." Devonport Independent
Wheal Prosper Mine - A correspondent informs us that the first sample of copper ore ever raised in the parish of Stithians, for ticketing, was taken on Tuesday last, at Wheal Prosper mine, situate about three miles from Penryn, on the Helston road. Other mines in the same parish are now likely to be put on.
Penzance Quarter Sessions - The sessions for this borough were held on Friday last, before Thomas Paynter, Esq., Recorder. The following prisoners were tried: Thomas BATTENSON, for stealing a sash and a plane, the property of Mr. John SAMPSON, innkeeper. The prisoner pleaded guilty, and was sentenced to three months' imprisonment.
John WALLIS, for stealing two bottles, the property of Messrs. Davy & Sons. This prisoner also pleaded guilty, and was sentenced to a fortnight's imprisonment at hard labour.
Jane JENNINGS, for stealing from the shop of Mr. R. FREAN, baker, a loaf of bread. Guilty - and sentenced to be imprisoned for three months.
John McLEOD, for making a violent assault on a police officer in the execution of his duty. The prisoner pleaded guilty, and was sentenced to six months' imprisonment at hard labour.
Capt. W. ANDREWS for an assault on Mary Ann ROGERS, his servant. There were two counts in the indictment, one charging him with an assault with intent &c., the other with a common assault. The prisoner was acquitted on the first charge, but guilty on the second. Fined, £20.
Mary MILLER, for an assault on Margaret MILLER. The prosecutor did not appear, and the prisoner was discharged.
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