Cornwall Lent Assizes ...The calendar contained the names of 72 prisoners...
The Grand Jury: Sir W.L.S. Trelawny, Bart., Foreman; Sir John Colman Rashleigh, Bart.; Sir Joseph Sawle Graves Sawle, Bart.; John Hearle Tremayne, Esq.; Gordon William Francis Greger, Esq.; Humphry Willyams, Esq.; Christopher Wallis Popham, Esq.; Francis Rodd, Esq.; Nicholas Kendall, Esq.; Thomas John Phillipps, Esq.; John King Lothbridge, Esq.; Edward Carlyon, Esq.; Clement Carlyon, Esq.; John Lyon, Esq.; William Hext, Esq.; Edward Arthur, Esq.; Day Perry Le Grice, Esq.; Walter Relsigh Gilbert, Esq.; Deeble Peter Hoblyn, Esq.; Richard Deidge, Esq.; Thomas Hext, Esq.,; John Tillin Coryton, Esq.; James Bryant Messenger, Esq.
Crown Court, Monday, March 30, (Before Mr. Baron Rolfe) The case of Nicholl v. Nicholl having closed the business at Nisi Prius, Mr. Baron rolfe proceeded to the trial of prisoners, several of whom were arraigned and pleaded to their respective. The jury having been sworn.
James PARISH, 21, was charged with stealing a hat at Launceston, the property of John King MANN; but the evidence was insufficient to fix the theft upon the prisoner, and the Jury accordingly delivered a verdict of Acquittal.
Mary Anne Marshall Roberts, 29, was charged with having stolen one moreen cloak, the property of Elizabeth JENKIN, of Falmouth. - Catherine Jacobs, who appears to have been the principal witness, on being called in court, did not make her appearance, and the prisoner was immediately Acquitted. The witness, of course, forfeited her recognizance.
Joseph BLACKLER, 29, was charged with having stolen, at St. Day, in the parish of Gwennap, a quantity of woollen, called Indian shag, the property of M.R. MITCHELL. - Ann KENDALL, who was the principal evidence, stated that she lives at St. Day, and keeps a shop there, adjoining that of the prosecutor; recollects, on the 19th of March, standing in the front door way of her own house, and saw some packets of goods under the window of Mr. Mitchell's shop; in the course of the same evening saw the prisoner lurking about the premises for some length of time, and watched his proceedings; saw him take up the parcel of goods in question, place it under his arm and walk off in the direction of Wh. Gorland mine; she immediately seal information to Mr. Mitchell, the prosecutor, who commenced a pursuit, and the prisoner was in a few minutes taken with the goods in his possession. Guilty. Eight months' imprisonment at hard labour.
Henry M'KENZIE, 17, was indicted for stealing at Falmouth, one blue woollen shirt, the property of William RICHARDS. It appears that the prosecutor and prisoner were lodging in adjoining rooms, in the Dolphin Inn, Falmouth, kept by Mr. Sharpe; on the 5th of March, in the morning, Richards had seen his shirt in the box; in the evening of the same day found it missing; he went with a constable to the shop of a Mrs. Darby, who produced the shirt, which she had purchased off the prisoner about two o'clock on the same day; the shirt being produced, Richards identified it, and the prisoner was found Guilty. Six months' hard labour.
William TIPPETT, 22, was charged with stealing, in the parish of Gwennap, one waistcoat, the property of Richard MANUELL. The prosecutor, who is a cripple, and could with difficulty get into the box, stated that he is a shoemaker, and that the prisoner has been in the habit of working for him and lodging in his house; he left said house on the Saturday before Christmas, 1839; he had seen his waistcoat in his bed-room the same morning, and the prisoner was in the room at the time; soon after he was gone, he found his waistcoat missing; he sent for a constable, who very soon after found the article in the prisoner's possession, - Guilty One month's hard labour.
W.H. STEPHENS, 16, and John ARTHUR, [?], were charged with stealing, in the borough of Truro, [?] watch, the property of Rd. HAWKEN. The prisoner, a grocer, residing in Truro, and on the 25th of January [?]had a silver watch in his shop, on the railing of his [?] found it missing about nine o'clock in the same evening. - Philip Pill, jun., stated that he saw the prisoner in Truro, the evening in question, who asked him to buy a watch; they asked him 5s. for it; witness had only 1s. 6d. about him at the time; agreed to give them this for the watch at the time, and the remainder of the 5s. the next morning; paid them the 1s. 6d., and had the watch about half an hour after this, he again saw Stephens, who told him he had stolen the watch from Mr. Hawken's shop; he immediately carried it to Mr. Hawken. - [?] - Guilty Stephens, having been previously convicted was sentenced to ten years' transportation; Arthur to six months' imprisonment at hard labour, and to be once privately whipped.
Catherine LEY, 13, was charged with stealing in the parish of "Fowey, one cotton gown-piece, one f[?] petticoat, and one shawl, the property of Ellen Williams. - Joseph Paine, who is a carpenter, saw the prisoner wearing a shawl of the description which Mrs. Williams had lost; and on giving information, the prosecutor went to the house of the prisoner's step-mother; where she resided, and asked for her things which she had missed; her property was immediately restored to her. No further evidence being given to fix the theft on the prisoner, she was declared not guilty.
William LAMBRICK, 67, was found guilty having counselled Hanaibal JOHNS to steal two [?], the property of Joseph LYLE, Esq. He was sentenced ten years transportation. We shall give a report next week.
Tuesday, March 30, 1840, (Before Mr. Baron Rolfe.) John Peter FORD 35, was found guilty of stealing a flannel blanket, the property of Elizabeth GLIDDEN, and a striped cotton napkin, belonging to Thomas WELSH, both of Poughill; and was sentenced to two months' hard labour.
Extraordinary Case Abel KEEN, respectable master of a coasting vessel, was indicted of stealing 25 lbs, weight of coal, the property of John MATHEWS, of Truro. - John Mathews examined: I am a coal merchant at Truro. On Tuesday last, I was loading coals on a slip on the Quay, from a schooner; on [?] day there were no other coals landed, nor any lying in the Quay. We did not finish landing till Saturday, the 28th. On Wednesday, I was there seeing to the landing of the coals; there were no other coals. - Cross Examined by Mr. M. Smith I believe the prisoner [?] captain of a vessel which came in last week. I sell coal to captains of vessels. I may have sold coals to the prisoner he is frequently there. I have heard a [?] good character of him. I can't say that captains have taken coals from the Quay and paid for them again. I believe that when a vessel has been laying at the Quay coals have been taken, and I should not be offended in such a course myself. The prisoner's vessel came in [?] in the evening; she is a coaster. - Wm. CLYMO, police officer, stated, that on Wednesday morning last, at a quarter to one, he saw the prisoner take up a quarter of a hundred weight of coal from a heap of coals belonging to [?] Mathews. He was taking it to a boat. I went [?] said something to him, and he said his [?] coal was exhausted, and he was taking it [?] his vessel, which was lying off Garras [?]. I took him into custody, and he said if [?] let him go he would see the merchant and pay [?] them in the morning, or he would pay for them [?] said I could not. - Cross Examined The "N[?] had come in that night. He said he wanted some [?] for his stock was out, and he wanted some to [?] supper.
Mr. Montage Smith addressed the jury fo[?] prisoner. He said this was one of the most distr[?] cases that ever came before a jury. They saw a m[?] respectable man standing before them, who had hitherto borne a most estimable character, and who was place[?] this situation through the activity of some over-offici[?] magistrate. It was a most painful case. The prisoner came in in the night, and wanted a piece of coal to cook his supper. He could not get it by any other means than taking it from where it was lying, and he meant to pay for it the next morning, or would pay for it then if the constable would have taken the money. The Learned Gentleman called a witness, who gave him an excellent character for ten years, and said that all Truro would give him the best of characters. Other witnesses were about to be called, when the judge stopped the case, and remarked that in [?] question of this kind it was not necessary to call [?] witnesses to character, for the fact of taking was not [?]nied. The only question was as to felonious intent, and he thought there was nothing of a felonious nature here. The Jury immediately acquitted the prisoner, who appeared much affected by being placed at the bar. The Judge remarked that every body pitied him.
Joseph MARTYN, 22, was charged with having stolen two pieces of Irish linen, the property of Lewis SANSOM, of Liskeard. The prisoner, on the 7th January entered the prosecutor's shop, and stole two pieces of H[?] land. The prosecutor's apprentice, who was in the shop followed him, and asked him what he was going to do with that? And he replied "what the devil is that to you? He afterwards had him taken into custody. The prisoner now said that the constable had taken from him [?] money. The Judge Had he any money? Constable Yes, two sovereigns inside a piece of bread, which bread he had had from the Union-house. The Judge What have you to say to the charge? Prisoner I want my money (much laughter). The Jury immediately found the prisoner guilty. - The Judge sentenced the prisoner to seven years' transportation, and told him the property found in the possession of a person guilty of [?]lony is forfeited to his country, and he would not therefore have the money returned to him. The prisoner looked "blank despair" at the loss of his cash.
Extraordinary And Malicious Care Of Incendiarism! - Joseph Verran, an exceedingly diminative little rascal, of the age of 16, was indicted for baring wilfully set fire to two stacks of corn, the property of Mr. HAINE, farmer, of the parish of Liskeard. The case was conducted by Mr. Hodges, who briefly stated the facts, which were of a very extraordinary nature, and which will be found fully detailed in the evidence. Richard Haine said I live at Wood Hill, in the parish of Liskeard. On Tuesday, the 28th of January, I left all my premises safe. I had a dwelling-house, stables, and conveniences for the cattle. I had two stacks one large, having wheat, barley and oats, the other small, near the barn, having oats and barley. There was a pile containing about a hundred sheaves of reed. We go from the house to the mowhay through the barn. The stable does not open into the mowhay, but into the farm yard. I got up the next morning about half-past six or seven. My servants were up before me. It was light. I had two servant men, named John Jonas, and William Gundry. I had apprentices, John and Joseph Verran John is older than the prisoner, Joseph. All the servants slept in my house. I went out to the back house to look after the cattle. That back-door looks towards the mowhay. I saw in the mowhay a great quantity of smoke coming from the off part of the large stack that which was most distant from the house. It was the barley part. I gave an alarm. We were not able to put the fire out. Nearly all of both stacks was burnt with the exception of half a score of oats. The reed was not burnt. The value of the property burnt was about GBP 200. - Cecilia Hoskin examined I was servant of Mr. Haine. Remembered the Wednesday morning on which the fire took place. I saw the prisoner come down stairs, a little before six. He put on his shoes, took the lanthorn, and went out. He had a lighted candle in the lanthorn. He went out at the back door; and he came back to light the candle again about a quarter of an hour after. He went out at the back door, which leads towards the mowhay. My master came down about ten minutes afterwards, and I heard a cry of fire. William Gundry examined Was servant of the prosecutor in January last. Remembered the morning of the fire. The prisoner and I got up together that morning. There was a man named John Jonas living with us. I went about the horses, which were in the stable. The stable is about 20 yards from the mowhay. When we went to the stable, the prisoner took a lanthorn. We went together. While we were there, I took the candle out of the lanthorn, broke it in two, and stuck a piece of it against the wall of the stable. I put the other piece not lighted into the lanthorn. As I was going up into the loft, the prisoner opened the lanthorn, lighted the candle, and went out. He returned in about ten minutes. When he came back, he went to the other end of the stable. The candle was not then lighted. After his return, I heard two sheep dogs begin to bark. I looked out of the stable, and saw the further part of the mowhay on fire. That part that was on fire was about two score yards from the stable door. If any one wanted to go from the stable to the house he would not have to pass the mowhay. I went there, and my master was there. I turned the cattle out of the "chaw" (the cattle house) into the farm-yard. Every morning these cattle were fed with straw. - By the prisoner Were you not in the mowhay with a caked candle? No, never, - John Daw examined I am a constable, On the morning that the ricks were burnt, I went to the fire. I took the prisoner into custody in the course of the forenoon. There were questions put to him by persons in Mr. Haine's kitchen. Mr. Lyne, the solicitor, asked him if he knew anything about it? He said he did not, but Mr. Gavett said he would serve master a d-----d good trick some of these days. Mr. Gavett is a farmer adjoining. In the course of the morning Mr. Gavett came in, and the prisoner then said the same as before. Gavett asked him if he thought that he would do Mr. Haine any injury, and the prisoner answered "how do I know what you meant by a d----d good trick?" After this I took the prisoner to Liskeard. He said on the road "if I go to Bodmin for this, I did not do it." After we got to Liskeard, in the presence of another constable named Theophilus James, and on the same day, the prisoner said "Now I will tell you, who I think did it." He said, "the first thing when I got up in the the morning I went out with a candle and lanthorn; I saw Joseph Abraham up by Whinstone field hedge, those behind the mowhay. He ran away behind the hedge, and after the fire was over Joseph Abraham and I were in the stable together. Abraham took out a box of lucifer matches from his pocket and pulled one through a piece of sand paper, and put it on fire. He then said that is the way I do it when I do these things." He voluntarily said that, I then sent for Abraham, and the prisoner repeated the same in his presence. In the course of that day, he also said that William Gandry, one Sunday, brought home a box of lucifer matches, and put off one in the kitchen. Jonas, the other servant, took away the box of matches and have it to his master; and then he said that Gandry and Abraham persuaded him to go into his master's bedroom to search his pockets for his money. Then afterwards he said we had not, and then Abraham said "let us [unreadable portion rk] him, and then you'll be [unreadable portion rk] that won't do, like and burn him in his bed." [unreadable portion rk] Abraham was brought before the prisoner, and he repeated the conversation in his presence, and Abraham denied it. After Abraham had gone, he said to me and another constable, "now I will tell you how I done it," and began to cry. He then said, "I went up and creeped in under the side of the barley mow, and I opened the door of the lanthorn and put some stubbles in, and the light went out. I ran away to light the candle again, down to the stables, and the dogs began to bark. Gandry ran out and said, the barley mow's a fire, and I did not think then 'twas lighted," I said, how could the stubbles catch, for it was wet and hard? But he said that there it was soft and dry. He described that the barley mow hang over, and there was a place where he crept in and set it on fire. The boy was put into confinement in the town prison at Liskeard, with an old man named Benney. The next morning the prisoner said that Benney had persuaded him to tell the truth, and say it was an accident, and then they would not be able to do any thing to him. After all these statements, on the same morning, before he was committed, he said that "Wills lived with my master some time agone, and he persuaded me to set it on fire." One night he said "we had pilchards for supper, and Wills and I went down into the stable together, and Wills persuaded me to set it a fire then, and that would "scat 'en." - By the Prisoner
He said that if I did it I should be free from my master. The witness, of course, denied the truth of this statement. - Theophilus James examined I am also a constable. I was in company with the last witness. Before he made his statements, we held out no inducement for him to confess. I heard the examination of the last witness. In substance it was quite correct. - The Prisoner said that the last witness said at Mr. Moon's, that if he did that, he would be free from his master. Mr. James, of course, denied this statement. John Garett, - I am a neighbour of Mr. Haine. I never said to the prisoner or in his presence that I would serve his master "a d---d good trick one of these days." I never said that to any one. The Prisoner said I was looking for sheep belonging to my master, and I asked him whether he had seen any, and he said I was to go home and tell master that he wished him and his sheep into hell burning, and that he would serve him a d---d good trick some of these days. The Judge Did you say that? Mr. Gavell The boy was riding up after me, and said have you seen any of master's sheep to day! I said, no, I have not; but dn your master and his sheep both; I wish they were in hell together what did he pound my pigs for? He had been pounding my pigs. I never said I would serve him a d---d good trick once of these days. - Joseph Abraham, examined. I recollect the morning of the fire, the 29th of January, I had then left Mr. Haine's service for a month. I did not go up that morning till nine o'clock, when the fire was burning. When
the fire bell rang, I was at my father's, at breakfast. I had not been out before breakfast. After the fire was over, I did not go into Haine's stable with the prisoner. I did not show him any lucifer matches that day anywhere. At no time when in my master's service did I ever say anything to him about lucifer matches. I never persuaded him to go into master's room and search his clothes for money. I never said to him "set the corn on fire, and then he'll scat and you'll be free, and then if that won't do set him a fire in his bed." I know Mr. Haine's premises, I know Whinstone field hedge; there is a gate there that leads to the mowhay. I had not been there that morning. The prisoner here said that he had asked Gundry whether he had said to Abraham to tell me to rob my master's pockets. The witness denied that he had ever recommended such a thing through Abraham or any one else. - Joseph Taylor said I occupy a house with the father of the last witness. The father is in Bodmin ill, and cannot come out. The last witness slept in the same room with me, and got up between six and seven and he did not get up till after the fire-bell rang. By the Judge I saw Wm. [?] Abraham yesterday; he is very ill, and not able to come. [?] Thomas Wills examined. Sometime ago, I lived with [?] prosecutor, and was servant with the prisoner. I never [?] to the prisoner let us set master's property on fire, and [?] will serve him out never upon any occasion. - The [?] Prisoner now said that they had pilchards for supper, and [?] the witness said, if they set his master's things on fire they would scat him. - The witness replied that he [?] never had a pilchard in the house, and denied all that the [?] prisoner asserted. - The prosecutor, in reply to a question from the Judge, stated that though the corn joined, yet they were separate stacks, put up at different times. The boy was apprenticed about five years ago; he is 16 the 27th of June next. When he came to me he was about 10 or 11. The Judge then summed up the evidence, and remarked that there could be little doubt that the boy, young as he looked, knew perfectly well what he was about. The Jury immediately found the prisoner Guilty. The boy seemed somewhat concerned at the verdict. The Judge said this is a very clear case indeed, and it is a very painful thing for me to have to pass on one so young, to serve a sentence as on this occasion I feel bound to do. From the way you have proceeded, it is very obvious that you are beginning a very evil course of life, and from which the removal into another country may estrange you. Therefore I shall not hesitate to send you out of the country, with a hope of inducing you to alter your conduct in future, and in order to give you a chance of becoming a reclaimed member of society, and of being reformed when you return. The sentence that I shall pass upon you is that you be transported beyond the seas for the term of fifteen years.
Robbery of the High Sheriff Thomas Cooke, jun, 31, and John Bolitho, 29, were charged with having stolen two gallons of ale, and one pail, the property of Sir Richard R. Vyvyan, in the parish of Mawgan in Meneage. Mr. M. Smith and Mr. Merrivale appeared for the prosecution; and Mr. Hodges for the defence. It appeared from the case, as it came out, that some persons having been suspected of robbing Sir Richard, two of the servants, on the 26th of February last, were placed so as to watch a part of the premises that it was supposed would be resorted to; whilst they were waiting, Cooke and the other prisoner came out with a pail, which was subsequently found to contain beer, but Cooke, before he was taken, went into a shrubbery, and hid himself till the servant called him by name and urged him to come out. There was then a glass of ale in the pail, which, on being tested, was found to be very like the good ale that their generous master kept in constant flowing. - For the defence, among other points urged in the prisoners' favour, was that the probability of the men having taken the pail to make egg flip! The jury found the prisoners guilty, and the Judge sentenced them to 18 months hard labour but subsequently had them re-called, and, by the recommendation of Sir Richard Vyvyan, reduced the sentence to 12 months' hard labour.
Cutting & Maiming Thomas Jenkin, 18, was indicted for having cut and wounded Jane Emanuel, in the parish of Ladock, with intent to do her some grievous bodily harm. Mr. Hodges, for the prosecution, stated the case. He said the prosecutrix was a young woman, the daughter of John Emanuel, who married the mother of the prisoner, and there had been no ill feeling or ill will whatever between either the parents or the children. The prisoner had been apprenticed to a shoemaker in a neighbouring town. On the Sunday evening, the daughter went to Bissick chapel, and she returned home covered with blood, which was caused by the infliction of wounds by the prisoner, who, on her return, overtook her. They had some conversation, after which he said you have punished mother and you have punished me, and he pulled out a knife and stabbed and cut her several times. She became very faint, and went into the house of Mr. Sandercock, from whence she was removed home. - The prosecutrix was then called; but, on examination, she asserted that she could not tell who it was that attacked her, and as there was no other witness of the affair, the Judge directed an acquittal.
Horse-Stealing by a Gipsey Joshua Hicks, 22, a good-looking member of the gipsy tribe, and well known in the eastern parts of this county, was indicted for stealing a mare, the property of James Downes. Mr. Merivale stated the case for the prosecution, and Mr. Beyan for the defence. - James Downes examined I live at St. Eval, and am a mason. I know the prisoner. He is a gipsey horse seller. Saw him about three months before I lost the mare. I lost the mare on the 3rd of March. I met the prisoner at St. Eval. The agreement for the mare which I bought of him was that I was to give two donkeys and 50s. The first payment was two donkeys and ten shillings. Then I got the mare which I took home and kept. Some time after that the prisoner's brother came to me for GBP 1, I gave him my watch which was to go for 30s., and then there was 10s. to be paid by agreement with his brother at Midsummer. The agreement was that I should pay GBP 1 at Midsummer. I missed the mare on the 3rd of March, at half past seven o'clock. I saw it on my own premises. I missed it the next morning. I saw it on the 24th, at Liskeard. I knew it by the mark of a small piece cut out of one ear. It was a bay her mouth was cut very much with the bridle. - Cross-examined by Mr. Bryan I knew the prisoner, and his father too. I don't know that he had a house at Liskeard. He dealt in horses. The prisoner and his wife slept in my house for a night or two. - William Westlake examined I am a farmer at Breat Tor in Devon. I remember last Michaelmas day at Tavistock. - I saw the prisoner there. I bought a horse of him, and he bought one of me. It was a very honest bargain. I sold him a brown bay mare with a "halfpenny" mark in the further ear. There was a mark of the cut of a bridle in the mouth. It had got a little grey head, just as I be, I believe (laughter). I saw the prisoner afterwards, and asked him whether he had sold it. He said he had. I saw the mare again on the 4th of March, in my own yard; no one was with it. The prisoner was in the neighbourhood. I went to him, and said the mare was come back. He said he'd fetch it. I can't recollect what I said to him. He came and rode it off on the same day. I saw him with the mare two days after that. He offered to sell it me for five pounds. Breat Tor from St. Eval is about 25 miles. Cross-examined He came to fetch it by light. I have known the prisoner four or five years; he has had the character of being an honest man in our neighbourhood, and he has sold a good many good horses there. He is well known. William Sergeant, examined I am a shoemaker at Liskeard. On the 23rd of March, I saw the prisoner in the afternoon about four o'clock, at a place called Plashtown, in Pelynt parish, south of Liskeard. I knew him before. When I was coming home, I stopped and shook hands with him, and asked him where he had been? He said he had been in the neighbourhood of Truro. There were three girls, and two women, and a deserter belonging to the 29th regiment with him. He had two ponies, and an old white-faced mare. They carried their baggage on the old mare. The next morning I went along with the constable, Daw, and showed him the spot where I had seen them. I found the same mare as was in their charge the previous evening. Cross-examined The mare and the other horses were near the two tents tethered together. The deserter was not in the same tent as the prisoner. I had been serving a writ on a farmer. The prisoner was lying the next morning with his wife, or woman, and child. - John Daw examined. I went with Sergeant, C[?], and Menheniot, on the 24th to apprehend the prisoner. It was a brown bay mare, aged, having a halfpenny mark on her ear, and her mouth very much cut by the bit. The prisoner and his wife were in bed I said you must get out, I've got a heavy charge against you. He said what? I said horse stealing. I said I want that brown mare with the half-penny in the further ear. He said that's Downes' mare, and I took it away. - I know I did wrong. I then caught him by the right arm, and said it was my duty to secure him. He said let me go, and if I did not he would hit me down. His brother said I will give you any money if you will make it up. You shall have Downes's mare and put her back; and he then said I will pay those men for assisting you anything that they require for their trouble. I handcuffed the prisoner and a deserter together and brought them to Liskeard. The girl brought the mare which I took into my possession. I know the road from Breat Tor to Liskeard there are many turnpike gates between the two towns. - Cross-examined: I don't think the place where he was is very well known. I had seen him at different fairs; I never heard anything against him. I don't think gipsies are, generally speaking, honest people. - John Menheniot examined I went with Daw and Sergeant on the 24th. I heard the prisoner say "by God! It is a mucker" - a term which they use when there is anything the matter. He said its all up. She said "it serves you right if you had taken my advice we should not have stopped here to-night, and then we should not have been taken." - Cross-examined, I have heard gipsies' language before. I have been with them occasionally. I have been a farmer. I don't farm now. I superintend different occupations. I am above serving a writ (laughter). I have been brought up differently. I sold my farm, having some inclination to go to Australia. I have not given up the notion. I assisted the constable because I consider it a duty incumbent on every person to apprehend a horse-stealer. I never heard anything against him before. Mr. Bevan addressed the Court for the prisoner, dwelling upon the good character given of him by the witnesses for the prosecution, and stating that the prisoner, in his wild notion of justice, had taken the horse to secure the payment of that portion of the money which was still due. The Judge summed up, and remarked that the prisoner's violence, when he was apprehended, might arise from knowing that he belonged to a class, who, he feared, generally led a marauding life, and might think that other charges might be brought against him. - Guilty. The Judge remarked that he saw no particular circumstances of aggravation in this case, and he thought that public justice would be satisfied if he sentenced him to two years' hard labour in the house of correction. The gipsey, on hearing this sentence, burst into tears.
Henry Benny, 54, was found not guilty of stealing a parcel, containing a number of Church of England Quarterly Magazines, and other books and papers.
The Court rose about half-past eight.
(The two remaining Nisi Prius causes, Nicholl v. Nicholl, in which a verdict was given for the Plaintiff, and Brokenskir v. Sowell, in which the verdict was for the Plaintiff, with one shilling damages, shall be given next week, together with the remainder of the criminal cases.)
Cornwall Lent Assizes Crown Court Monday, March 20, 1840 (Before Mr. Justice Coltman) Trial of William & James Lightfoot [pictures, click on their name] for the Murder of Mr. Nevell Norway
In consequence of Mr. Cockburn, who was retained for the prosecution in this important case, wishing to be in town on Wednesday, an application was, on Saturday last, made to the Learned Judge to take the trial at an early period, and it was accordingly fixed to come on first this morning. The circumstance was soon bruited abroad and as early as six o'clock the people from all parts of the county came pouring into the town, and they continued to increase in numbers till long after the Judges had taken their seats. The most intense anxiety was manifested by every one to obtain an entrance to the County Hall, but when it is stated that the whole of the immense area in front of the splendid building was crowded to excess, it may be easily imagined that there were hundreds, nay thousands, who stood [?] chance of obtaining admission. The crash to [?] entrance was continued for many hours, and the [?] men had the greatest difficulty in obtaining [?] union for those who were among the privileged, while others, both ladies and gentleman, were mer [?] belabored about their [?], to make [?] fall back, though they were unable to recede [?] such. The ladies were most anxious to see the interi[?] and seemed to regard alike with indifference the results of the javelin and the pressure from without, [?]vided they were getting nearer the object of their [?]. Beyond the fright occasioned by such an [?] excite the commiseration of the public.
Every accommodation which the Hall would permit, was afforded to the public by the Sheriff and Under-Sheriff, who were unwearied in their exertions to promote the personal convenience of all present, and to ensure quiet and order, and through the good management of the Sheriff's corps, it was not too much crammed in the early part of the day. There were, however, occasional interruptions from those outside who were anxious to get in. At nine o'clock the Judge took his seat, and the prisoners were then brought up and placed at the bar. The elder prisoner, William, had undergone a considerable alteration to his appearance since we last saw him at Wadebridge, He was evidently[?]impressed with the awfulness of his situation still, there was, for awhile, that appearance of recklessness of which we had to speak on a former occasion; and we have seen, in some cases, a much greater alteration in the appearance of men after three days' mental anxiety, than was evidenced in the countenances of either of the present prisoners, although they had been confined for more than a month. So differently are the minds of men constituted!
James Lightfoot, the younger prisoner, had lost all his colour he had evidently suffered much. Yet he was, apparently, during the trial, very callous, as he sometimes smiled, and looked round the hall with great coolness. Both prisoners retained perfect self-possession all the day. Indeed, we have never before seen an instance of two men, placed in such a situation, betray so few marks of outward emotion as these two miserable brothers at first, partners in the commission of an atrocious crime, and then the denouncers of each other. They walked in and out of the dock without any assistance.
The Clerk of the Assize having read the indictment to the prisoners, which charged them with the wilful murder of Nevell Norway, on the 8th of February last, in the parish of Egloshayle, by striking and beating him on the head with a pistol and a stick, giving him divers mortal wounds, of which he then and there died and having also read two other counts of the indictment, in which the charge was varied, and to which the prisoners pleaded not guilty, the following gentlemen were sworn on:
The Jury James Permewan, Buryan, Foreman George Bosustow, Ludgvan Thomas Tremewan, Sancreed Samuel Ivey, Sancreed James Bosustow, Cury John Barker, St. Keverne Richard Permewan, Sancreed Thomas Ellis, Madron Benjamin Angwin, St. Just in Penwith John Kemp, Madron William Nicholas, Sennen William Veal Ellis, Sancreed.
The prisoners, who did not object to a single juryman, were undefended, but they possessed the vigilant watchfulness of the Leaarned Judge, who spared no pains to investigate the case on their behalf. The case for the Crown was conducted by Mr. Cockburn and Mr. Carpenter Rowe.
Mr. Cockburn rose and addressed the jury for the prosecution in the following terms: "My Lord, and Gentleman of the Jury, - it now becomes my most painful duty to detail to you the circumstances connected with the unfortunate murder which is the subject of the charge under your consideration; and I am satisfied that the very nature of that charge will ensure your most earnest and anxious attention. But perhaps I shall not be stepping beyond the limits of my duty, if, on account of the extraordinary excitement created by this most unhappy murder, I pray you, as I do most earnestly because I feel it to be a duty I owe to all parties, and more especially to the prisoners, as they have not the advantage of being defended by Counsel to dismiss from your minds all you have heard, and all you may have felt respecting this unfortunate transaction. You will try this case, as you would try any other, simply and solely upon the evidence brought before you. - Gentlemen, the deceased was a gentleman carrying on business as a timber and general merchant, at or near Wadebridge; the father of a family of several children; and a person who had, beyond the general lot of mankind, succeeded in conci[?] the esteem and love of all who knew him. If I advert to these circumstances, it is not to excite your resentment against the prisoners, but rather to implore you to discharge from your minds the feelings which may have been generated on account of the general esteem entertained towards the unfortunate deceased. - Mr. Cockburn then proceeded to lay before the Jury an outline of the evidence to be adduced. In speaking of the confession of William Lightfoot to the constable, Carvoth, the Learned Gentleman added I feel it my bourden duty to call the attention of my Lord, and of yourselves, to every circumstance connected with this inquiry, whether it may make for or against the prisoners. My view of the duty of a public prosecutor is, that whatever may be his conviction of the guilt or innocence of the parties arraigned, he is to bring every thing, whatever bearing it may have upon the inquiry, fairly before the jury. I therefore feel bound to tell you that, at the time William Lightfoot made the statement in question, and which is perfectly conclusive of the case, he appears to have been speaking with a notion that he should obtain the reward and the pardon that had been offered. It is for my Lord to consider whether that will get rid of the effect of any previous confession. - But even if the confession of William Lightfoot were excluded, it is quite clear that the discovery of property, in consequence of information given by the prisoner, in receivable an evidence against him in any circumstances, and I submit, in this case, must be conclusive. Even as in one class of cases, the possession of stolen property forms a presumption that it was stolen by the person on whom it is found, so in such a case as this, the person pointing out the spot where property was hid which no man can doubt was taken from the deceased at the time of his murder; there circumstances afford clear, cogent, and I had almost said, conclusive proof that he who knew where that property was deposited must be the man from whose hand the death blow was given. - The Learned Gentleman, in remarking further on the confessions, said Now gentlemen, there is one thing that will strike you when you come to hear the confessions and statements of the prisoners. You will find that they both admit they were present at the murder, but each represents the other to have taken the more prominent share in it. This is not unnatural. A man may feel so overwhelmed with a consciousness of guilt, so broken down by the horror induced by crimes such as this a horror which seems to extend not only to the community but to the criminal himself a man may be so broken down by this feeling, as to be anxious to unburden his mind of the sacred consciousness of guilt, and yet from the desire of representing himself to others in as favourable a light as possible, may be induced to describe another party as still more guilty. However, I do not think you will suppose that either of the prisoners was not a sharer in the crime which you are to inquire into. At all events, this is admitted, that each was present for the purpose of committing the horrible deed. And if so, though they might not have been aware of it, at the time they made their statements, and though each might have hoped to relieve himself by inculpating the other, in that, gentlemen, they were mistaken. If two persons go out with the intention to take away life, though one may strike the death-blow, and the other may not take a share in the transaction, so far as blows are concerned, the man who is there aiding and abetting, is, in the eye of the law, and I may say, in the eye of morality, as guilty as the other. Mr. Cockburn then spoke of some portions of evidence that strongly affected James Lightfoot, independently of the confession, and concluded in these words: - Gentlemen these are the facts of the case. I fear they will leave on your minds not a shadow of doubt as to the guilt of the prisoners. No one would rejoice more than I should, if, in the face of these circumstances, there was the remotest possibility of proving their innocence. But I fear this case is but another illustration of the old truth handed down from generation to generation, that where man's blood is shed, sooner, or later, either by the inquiries of others, or by the confession of the criminal himself, oppressed with the consciousness of his guilt, and seeking to unburden his overloaded breast, the blood upon the man's hand will be discovered, and his guilt be brought to light.
Mr. Abraham Hambly, examined by Mr. Rowe I live in the parish of St. Mabyn. I was acquainted with the deceased. He lived at Wadebridge, and carried on business as a general and timber merchant. I was at the market at Bodmin on Saturday, the 8th of February. I saw Mr. Norway on the evening of that day. I left Bodmin about ten minutes before ten, on horseback. I left Bodmin by the road which leads to Dunmoor hill; that is the road which leads to Wadebridge and also to St. Mabyn. Mr. Norway overtook me on horseback; I was then about a quarter of a mile from Bodmin; we rode on together, as far as the turnpike-gate at Mount Charles. That is the point where the road to St. Mabyn diverges from the road to Wadebridge. We there separated. I never saw Mr. Norway alive afterwards. That point is about two miles from Bodmin. I pursued my coarse home. - The prisoners decline putting any questions to the witness.
Mr. John Hicks examined by Mr. Cockburn I am a farmer living in St. Minver. I was at Bodmin market on the 8th of February. I left about a quarter after ten. I was proceeding in the way of Wadebridge. There is a place called Clapper about a mile from Wadebridge. I saw a horse gallop on before me without a rider; it had a saddle and bridle; it appeared to be a light-colored horse. While I followed after the horse I met one man first, and then, at a little distance further on, I met another; I had a conversation which induced me to suppose it was Mr. Norway's horse; in consequence of that I went to Gregory, Mr. Norway's waggoner, and we went to the stable; we found the horse at the stable gate; I had seen Mr. Norway ride a horse like that before, I observed two spots of blood on the saddle. Gregory requested me to go and call Mr. Tickell, the surgeon. I did so. I then went to put my horse away, and overtook Mr. Tickell on the Egloshayle road, and went on with him in the direction of Bodmin. I soon met persons bringing in the body of Mr. Norway. I heard the clock strike eleven last before I entered Wadebridge.
Thomas Gregory, examined by Mr. Rowe. - In February last I was living with the deceased as his waggoner. I knew the little grey horse that he used to ride. He rode that horse on the 8th of February when he went to Bodmin. On the night of that day I was called by Mr. Hick; he gave me some information about the horse; I went and found the horse at the stable gate; I found two spots of blood about an inch long on the saddle. They had gone into the leather, but were not very dry. Edward Cavell and I afterwards went on the road towards Bodmin; I go up on the pony. I know Sladesbridge on the Bodmin road, it is about five miles from Bodmin. We passed Sladesbridge. I know Pencarrow mill that is nearer Bodmin. As we went on between Sladesbridge and Pencarrow mill, we came to a place called Northill; as we come on towards Pencarrow mill there is a lone cottage; there is a gate near the cottage leading up into the grounds. Before we come to the gate there is a small orchard, and just before we come to that there is a little stream coming coming into the road; it comes down by the side of the orchard. As I was going along, I looked to the right side, and I said, "Edward, I see something in here in the little run of water." I hauled up the pony and Edward went forth and said "it is master." We found it to be the body of the deceased. The body was lying on its back the head towards the stream, and the feet towards the road. He was tuite dead. He had his clothes on all except his hat which was gone. There was a glove on one hand. We put the body on the horse and carried it back to my master's house. After that, I went with my master's brother, Mr. W. Norway, to that spot again; it must have been about two hours after we had found the body. We then examined the spot with lanthorns. Mr. Tickell and several others were with us. When we made the examination afterwards on the left hand side, a few yards further on towards Bodmin, I observed a spot of blood. The spot was a "brave large" spot; there were foot steps just by as if there had been a "scramble" there; I saw impressions of the foot of a horse near the spot of blood, close in by the edge. The foot marks appeared to be fresh. There appeared to be footsteps of more than one person. There was a mark as if some one had been drawn on his back across the road. That mark led on to the lest where the body was found. We then searched the field on the lower side of the road, and there a man found my master's hat.
The following engraving, from a drawing taken on the spot, gives a correct view of the place where this horrible murder was committed: [note see image on website rk]
References to the engraving:
A. The small stream of water into which the body was thrown, after the murder had been perpetrated.
B. Cottage, at the time uninhabited.
C. Part of the road where the attack was commenced.
D. Entrance to the field where the murderers waited for some time for their victim.
E. Field in which Mr. Norway's hat was found.
Edward Cavell, examined by Mr. Cockburn I was in the employment of the deceased, and lived in his house; on the night of the 8th of February, I accompanied the last witness in search of my master; when we got near the cottage, Gregory drew my attention to something on the right hand side of the road; I saw something shining, which proved to be my master's boots. My master was there; he wasa quite dead. We took master back on the horse. I assisted in taking him up to bed. I searched his pocket and found the pocket-book, which I gave to the servant, and she took it to my mistress. I made no further search, but went back a second time. The first thing I then observed was the mark where the body had been dragged across the road. That brought us to the spot where the murder had been committed. We found blood there. We supposed the murder had been done opposite the gate; the road is not very wide there. There were foot-marks abaout the blood the marks of two persons. On the Sunday morning I went to search for the tablet, purse, and keys, which I supposed to be missing; I went into the hedge of the orchard, and in the field adjoining we found traces of persons who appeared to have been walking to and fro. Saw the marks of two persons, and only two.
John Menhenniot Docking, examined by Mr. Rowe. - I live on the Egloshayle road. On the night in question, I assisted in bringing the body back. I went to Mr. Norway's house. I searched his pocket. From the coat pocket I took a silk handkerchief, saddle-straps, and a pair of worsted gloves. I also drew the watch from the watch-pocket of deceased. I found no keys or tablet upon him. After that I accompanied the others to the spot, and observed tracks and marks there. I observed the track of a man's shoe or boot near where the body was found it was not a full track, but a part impression near the water. I then crossed the road, and picked up the hammer of a gun or pistol, about a foot and a half or two feet from the spot of blood. I have the hammer of the pistol. [The witness produced it.] The broken part was then quite shining, not the least rust upon it. From the appearance I could see that it had been recently snapped. I then went on a few feet towards Bodmin; about the centre of the road I found the button of the deceased's great coat, which I saw corresponded with the buttons of his great coat. [The witness produced the fragments of the button.] I found Mr. Norway's hat in a field on the left hand side of the road. It was bulged in just as it is now. [He also produced the hat.] The button was 16 feet from the pool of blood.
Mr. Trehane Symons Tickell, examined by Mr. Cockburn I am a surgeon at Wadebridge. On the 8th of February, I was called up by Mr. Hick, about a quarter past eleven. I went to Mr. Norway's house, and afterwards proceeded on the Egloshayle road. I met Mr. Pollard and others bringing along Mr. Norway; he was quite dead. After he was put into bed, I examined the body. I found a very general and severe injury of the head and face. The first wound I discovered was one on the skin; it was a little dark, as if in the infliction of the wound some gunpowder had got in; the next was a wound in the under part of the lip; it penetrated without dividing it. I observed that the teeth were not injured, as if the blow was given in a very particular manner. I found, in the next place, that the nose had been very considerably injured, and the bone was very much fractured. The next was a wound along the eyebrow a deep wound, extending to the bone. The bone was not fractured, but that wound communicated to a transverse wound, extending from the centre of the brow to the left temple, accompanied by a fracture. I paid attention to the brow generally. The whole of the front of the head appeared to have been fractured into a great number of portions, but with very little laceration or injury of the covering or integument. From the appearance, I supposed the wounds to have been inflicted by a complicated instrument, such as a gun or pistol. They would result from a heavy, blunt instrument, such as a stick or the butt-end of a gun. The left side of the head was quite as much fractured as the brow, and with little injury of the covering or scalp, but broken into a very considerable number of portions. These wounds appeared to be occasioned by a similar instrument to those on the brow. I found a still more severe injury that had torn the back part of the head, and driven towards the brain a considerable portion of the skull. It struck me that this wound was inflicted by the lock of the weapon used. No doubt was left in my mind that these wounds had occasioned death the injuries separately would have caused immediate death. They might have resulted from many different blows. After I had examined the body, I went to examine the spot where the murder had taken place. I examined the part near the water, and observed the appearance of a footmark, as of a person stepping heavily on the left side of the bank. We had lanthorns and candles. I saw a considerable quantity of blood on the spot where the body had been on the ground, and I saw the mark where the body had been dragged.
Wm. Roche, examined by Mr. Rowe I am a labourer living in Lanivet. I was at Bodmin on the 8th of February with my father; I was in the high street; I saw the late Mr. Norway; it was then about four o'clock. He was on the opposite side of the street from me, in conversation with some gentleman. He took out his purse and paid money to the gentleman. At that time I observed Wm. Lightfoot come down the street between me and Mr. Norway. He was coming down very slowly. He had a small stick in his hand. At the time Lightfoot passed Mr. Norway, I don't think there was any one between him and deceased; he passed about five or six feet from deceased; his side was towards the prisoner. The purse appeared to be made of nankeen. By the Judge I am sure that Mr. Norway had his purse out at the time that William Lightfoot passed him. By William Lightfoot - Did you see me in Bodmin at four o'clock? I cannot swear it was exactly at four, but it was pretty near that time. Q. Did you see me coming down Bodmin street? A. Yes, I am sure of it. Q. What part of the town did you see me? A. Near the bottom of the high street. The prisoner said he would prove he was out of that place at four o'clock; what the witness was saying was all very wrong.
John Harris, examined by Mr. Cockburn I am a showmaker at St. Minver; my mother lives in Bodmin; on the 8th of February I came to Bodmin and returned in the evening; I know that cottage at Northhill; I passed along by the cottage about nine o'clock. I know the little stream of water. I observed two men there; it was a moon-light night, but a little cloudy. I did not see the faces of the men, I observed their dresses. One was dressed in a dark jacket, the other in a smock frock. They appeared to be labouring men, loitering along they were just moving on and that was all. They had both bad hats one in particular. I observed that the one in the smock frock was a brave bit taller than the other. The prisoners resemble the persons I saw that night, and the dresses that they wear are exactly like those worn by those men. By the Judge I paid no particular attention to the men. The men were between the run of water and the house. I gave a description of the men the Tuesday after the murder was committed.
Richard Ayres, examined by Mr. Rowe I am a blacksmith, and live at Burlawn, in St. Breock, which adjoins Egloshayle parish. I know the cottage it is by Pendavey bridge, about a mile and a half from my house. Northhill is in Egloshayle. In February last, James Lightfoot lived in the house adjoining mine. Both houses are under one roof, and they are divided by a thin partition, in which there are some holes. I can hear in my house any noise in the next. On Saturday, the 8th of February, I returned to my house, and was not out again that night. I went to bed between nine and ten o'clock. I was awoke towards the morning. I heard James Lightfoot's wife and child crying. I then heard James Lightfoot speak he said "lie still, the folks will hear thee" - I think he made use of the expression "damn thee." The wife said "I won't lie still they shall hear me," or words to that effect. James Lightfoot did not appear to be nigh his wife. Shortly after that I heard some one, apparently a man with heavy shoes go down stairs. I heard the tread, as of the same person returning, one or two minutes afterwards. I heard nothing more that I could distinguish. The door of Lightfoot's house may be opened without my hearing it. By James Lightfoot I am sure I heard your wife as well as your child crying the wife first, and afterwards the child.
Elizabeth Ayres, examined by Mr. Cockburn (This witness had been much hurt by the crowd, and was assisted into the hall.) I am the wife of the last witness. I was awoke on the night of the 8th of February; I don't know what time it was but it was long after we were abed. I heard some one go up stairs with his shoes on. James's wife was crying, and the bady she said she wanted something, and something, which I did not hear, she said she would have. I did not hear what she wanted. He swore, and said, "hush, they will hear thee, directly." She said "I don't care if they do." On the Wednesday preceding this, I had been at home all the day. I did not hear a gun or pistol fired. On the Monday morning, the wife of James Lightfoot was putting the clothes on the hedge. I lived there near her about a year and a half. She hardly ever washed on the Monday. She washed generally, about Wednesdays, and late in the day.
By the Judge I saw only her [?] clothes and the child's on the hedge. I am not quite sure whether my husband was awake when he came up. I heard him go down and come up again after he had stopped two or three minutes. By James Lightfoot I am sure that your wife was crying. By Mr. Cockburn I knew a woman named Betty Bray she is my mother, and lives along with me.
Richard Caddy, examined by Mr. Rowe I live in St. Brecock. I am acquainted with the prisoners. On the Sunday morning after the murder, I was in the house of James Lightfoot, at about cleven o'clock; I observed a pistol on the chimney-piece; I had seen it before in possession of James Lightfoot, and I had fired it off several times; it was a large pistol. The butt end of it was covered with brats. Opposite the lock there was a large piece of brass. There was an iron ram-rod attached to the barrel it was fastened with a piece of iron. When I saw it on the Sunday, I examined it, there was no lock to it, and I asked the prisoner what he tore up his pistol like that for: He said he shot a cat on Wednesday, and broke the screw that went through the back. I asked him whether there was anything the matter when the screw broke, and he said no. I asked him whether he had got the lock, and he said yes. I asked him why he had not got it mended again, and he said he did not know and turned off from the conversation by putting forth his hand and taking down two "rinding bones." He began by telling that he had two, one large and one small one, and said no more about the pistol. On the Saturday night that the murder was committed, I was at William Lightfoot's - he lives up at Higher-side, in Burlawn. William came in while I was there he came in at the back door he had on holland-duck trowsers. It was then about ten o'clock I heard a clock strike, and I counted ten, but whether I began at the beginning or not I am not sure. It was a neighbour's clock. The prisoner's trowsers, from the foot up above the knees, were very wet. He said he had come through the wood, and made himself very wet that he came up behind Polbrock, by Selley's wood, and fell down near a little well. By the Judge I thought he had a darkish jacket on. He had no smock frock on when he came in; he had nothing on his head. I heard him come into the back-room, and his wife went out to him. He stopped there three or four minutes before he came where I was. There was a young woman with me in the front-room. I could not hear what they were saying in the back-room. I did not see him when he first came in. The pistol was a flint-and-steel pistol. By James Lightfoot I took the pistol down from the chimney piece.
William Bray, examined by Mr. Cockburn I live at Bodmin. After the murder, I was employed to discover the murderers. On the 13th of February, I went to the prisoner James's house between five and six o'clock. I searched the house. I asked him whether he had lost a gun. Before I had an answer, Carveth, the constable, who was with us, said "you had a pistol what's become of that?" The prisoner said "I blew it all to pieces last Wednesday week, firing at a cat. I asked him what he had donce with the pieces; he said he had thrown them away. I asked him over again "what! Thrown them all away, brass and all?" He did not speak directly, and I looked at him, and then he said "I've got the barrel here," and he took it out of a hole, at the top of a beam over head, which extended across the room to keep up the ceiling. I question whether we should have found it if he had not taken it down. Carveth was searching, and was near the spot. We took away the barrel, the charge appeared to me to have been drawn; there was black stuff in the barrel, and there was no greasy feel about the inside such as I imagine there would be if it had been fired off. There was enough to cover pretty thick a 4d. Piece the ramrod would not sound in the barrel when I tried it. I left the prisoner for an hour or two, and then I apprehended him between twelve and one o'clock. I took him to Wadebridge. I had a further conversation with him. I asked him what he had done with the pieces and the lock; he said he divided the brass and iron from the wood the brass and iron he threw away, and the wood he burnt. The lock he threw away too over the hedge into a neighbour's field. He said he had thrown all over into that field and also the cat. I afterwards searched there, I found the cat that was all. He said he first threw away the lock, then went in and split away the iron and brass from the wood and then burnt the wood and threw the iron and brass over the hedge, in searching the house when I apprehended him, I found a marble in the prisoner's trousers pocket, the barrel of a gun, some slugs, another marble, a large quantity of powder, and some flint. I asked him what he had done with the flint," he said he threw that away also. That was before he knew that I had found it. I took him before the magistrates and he was remanded till the 19th. By James Lightfoot. - You did not say that the pistol fell to pieces all at once. The witness then produced the barrel of the pistol, which Caddy proved to be the same barrel as he had seen in the prisoner's house on Sunday, speaking particularly of five cuts on the outside of it, three of which, being below the stock, had caught his attention. By James Lightfoot I could see three of the notches. Prisoner No you couldn't for the stock would come up all the way.
One of the jurymen remarked that the ramrod would keep the barrel in its place when it was fired, so that it was not necessary for the stock to come up all the way as the prisoner had stated.
The following engraving, from a drawing taken on the spot, contains a view of the late residence of James Lightfoot, which is the centre house, with the end wall and chimney partially covered with ivy: -
James Vercoe, examined by Mr. Rowe I live in St. Breock, and am acquainted with both the prisoners. On Friday, the 13th, I was at work in the Down Park. The prisoner William came there about seven o'clock in the morning. I called and siad you are early this morning. He said I shan't stop here, James is taken up. He then came where I was working, and said there would never have been nothing known about we, if it hadn't been for Betty Bray's people hearing James walking in, - Then he said I left the Down Park last Saturday (the day the murder was committed) and went home, and when I came home James said I shall not see you until evening, and I never saw him any more till I met him in Egloshayle. [The Prisoner William here remarked it is a pity you should allow that man to speak.] Then he said James shot the cat on Wednesday week and the pistol was bloody, and when he done with it I don't know; people have been talking shoot we this good while, and I have persuaded he to get rid of this pistol this good while whatever is done by James it is Betty Bray's people that does it, and if one is punished the other must too. Then he said it was not me, I was home at ten o'clock. I made answer and said Don't you say you were at home at ten o'clock if any person saw you out after, for then it will go against you. He said I don't know what time it was, there was no clock in the house. He also said the hammer of the pistol-lock was broken. He left me then. By the Judge, - I mentioned this conversation to my mother when I came home in the evening. I was examined before the justice, and mentioned it on the Monday after. There were hand bills issued before this. I heard of them before I stated what I have now detailed. By William Lightfoot You said you did not see your brother till you met him in Egloshayle. The Prisoner here remarked almost all he has said is false, and I would sooner be hung right up than hear those things said. All that he and his mother swears is false. The Judge Do you wish to ask him anything else: William Lightfoot No, it is of no use.
Edward Carveth, examined by Mr. Cockburn, gave evidence corroborative of that given by the last witness, so far as related to their visit to James Lightfoot's house. He then proceeded to say, on the 17th of February I went and apprehended the prisoner, William Lightfoot, in the brake where he was working. His brother had been taken the night before. I said to him, Bill, what conversation had you in the brake with a man last Friday? meaning the conversation with Vercoe, which has already been detailed. He said, I know what you mean, for I heard a little scent of it yesterday. I took him into custody the same day. I said to him, I am going to see Vercoe; but whether I said, will you go, or he said, I will go, I am not quite clear. We went away together. I went to a place called Polmarlow, to see Vercoe. I took him into custody when I got to this place where Vercoe was. I then brought him back to his own house; as we were going along he said there is the GBP 200 reward, it is offered up merely to make people tell if any one was to tell they would not have it. I said, yes, they would have it, except it was the one who struck the blow. In speaking of the reward I said, Bill, you must be careful what you say to me, for whatever you say will be sure to come against you. The Judge here questioned the witness very closely as to the conversation that took place between him and the prisoner, and eventually rejected all that part of his evidence which detailed the confession that the prisoner made to him. The witness, in reply to other questions, then added, on the 26th of February, Abraham Whiting put a tablet into my hands, I kept it about a quarter of an hour or twenty minutes, and I then returned it to him. When I had William Lightfoot in custody, in consequence of what he said to me, I sent for a magistrate. The Rev. W. Molesworth, and Mr. Symons, his clerk, came.
Mr. Richard Symons, examined by Mr. Rowe. I am clerk to the Rev. W. Molesworth, the county magistrate in this case. I was present on Monday, February 17th when the prisoner William Lightfoot was brought to the Molesworth Arms. It was in the evening. At that time the prisoner made a statement. Before he made that statement, Mr. Molesworth stricktly cautioned him against saying anything. He said if you have anything to say, I am ready to hear it; but whatever you do say will be taken down in writing and used against you. I then, in my capacity as magistrate's clerk, repeated the same words, and said if he had any thing to say, I was ready to take it down in writing. With that he hesitated for a moment; but almost directly he proceeded to make the statement that was taken down. After it was reduced to writing it was read over to him. He put his mark to it in the presence of the Rev. W. Molesworth; that is the signature of the Rev. W. Molesworth, and it was made in the prisoner's presence.
The confession was then put in, and was as follows: - "I went to Bodmin last Saturday week, the 8th instant, and in returning I met my brother James just up at the head of Dunmeer hill. It was just come dim like. My brother had been to Egloshayle Burlawn to buy potatoes. Something had been said about meeting; but I was not certain about that. My brother was not in Bodmin on that day. Mr. Vercoe overtook us between Mount Charles turnpike gate, at the top of Dunmeer hill, and a place called Lane-end. We came on the turnpike road all the way till we came to the house near the spot where the murder was committed. We did not go into the house, but hid ourselves in a field. We did not see Mr. Abbott's waggon. My brother knocked Mr. Norway down. He snapped a pistol at him twice and it did not go off. Then he knocked him down with the pistol. I was there along with him. He was struck whilst on horseback. It was on the turnpike road between Pencarrow Mill and the directing post towards Wadebridge, and it was last Saturday week. I cannot say at what time of the night it was. We left the body in the water, on the left side of the road coming to Wadebridge. We took something. It was money in a purse, but I do not know how much. It was a brownish purse. There were some papers which my brother took and pitched away in a field on the left hand side of the road behind the house. They were pitched away at the head of the field into some browse or furse. The purse was hid away by me in my garden, and afterwards I threw it over Pendavey-bridge, the lower side of the bridge. My brother drew the body across the road to the watering. I threw away the purse last Friday. The contents of it were not examined before it was thrown away. We did not know who it was before we stopped him. When my brother snapped the pistol at Mr. Norway, Mr. Norway said 'I know what you are about, I see you.' We went home across the fields. We were not disturbed by any one. It was not above three or four minutes before we left him. The pistol belonged to my brother, I don't know whether it was broken, I never saw it afterwards, and I do not know what became of it. I never advised my brother to burn it, and I don't know whether it was soiled with blood. I did not see any blood on my brother's clothes; we returned together from the spot, crossing the river at Pendavey Bridge, and crossed Treraren fields over Treraren ground, across a field or two to Barlawn village. My brother then went to his house, and I went to my own house. I think it was handy about eleven o'clock, but I cannot tell more than what I think about the time. I saw my brother again on the Sunday morning. He came up to my house. There was nobody there I believe, but my own family. He said "dear me, Mr. Norway's killed." I did not make any reply. Richard Caddy was in my house when I came home on the Saturday night, and Jane Harvey was also there. I went to bed as soon as I came home, and Caddy, I believe, remained there for some time."
William Brown, examined by Mr. Cockburn I am a farmer living at Tredannick. On the 18th of February, I was going to my off-farm from Sladesbridge, at nine o'clock in the morning. Some men passed by me who appeared to be going to the place where the murder was committed. I followed them, and saw them go into a field behind the orchard, adjoining the untenanted cottage. I followed them up the hill, and saw that they were looking in among the furze. Just after, I came up, and joined in the search. I found some keys and a bundle of papers in a furze bush. The bush was at the head of the field. It William Brownwas about a hundred yards from the orchard. I took them to Mr. Symons. The next day I went with Mr. William Norway to try the keys; six of them opened locks in his deceased brother's house. The papers were wrapped up in a piece of brown paper on which was N. Norway, Esq., Wadebridge."
Mr. Symons proved some of the papers produced to be in the hand-writing of the deceased.
Joseph Garland, examined by Mr. Rowe. - On the 17th of February, I was placed as a guard over Wm. Lightfoot after he had been examined by Mr. Molesworth. After he had taken his supper and gone into bed, I had some conversation with him. On the following morning, I was sent with the prisoner to Bodmin. When we arrived at the spot where the murder was committed the carriage was pulled up. Jackson, the police officer, was outside on the dickey. The chaise was pulled up close by the gate that leads into the field. I asked the prisoner where he put the papers, the keys, and the tablet. He told me up at the head of the field in a furze bush, or a faggot of browse. I asked him particularly where it was, and took out my pocket-book and drew a plan, and he pointed it out. The place that he pointed to was at the head of the field behind the orchard. As we returned from Bodmin, the police officer and I went there and found such a bush. This was on Tuesday, the 18th. I think we were back in Wadebridge before twelve o'clock. - By the prisoner William I asked you who said I put them there? A. You said, I put them there, or, we put them there.
Charles Jackson, examined by Mr. Cockburn. - I am a member of the London police. I was sent down to investigate this matter. I went with Goddard to James Lightfoot's house on the 14th of February, and I found part of the lock of a horse pistol there. On the 19th I brought James from Bodmin in a chaise to Wadebridge. I held out no inducement for him to confess. I had heard of the spot where the murder had been committed. I asked him what he had done with Mr. Norway's keys? The Judge Previous to your taking a man who has been remanded for further examination, to the magistrates, do you think it your duty to ask him questions? Jackson We had got corroborative evidence. The Judge. - You have no business to question or cross-question a man when a magistrate has committed him, and he is being brought up for re-examination, and that you ought to know. Examination of Jackson continued. I asked him what he had done with Mr. Norway's keys'; he made no answer. Afterwards, as we were going along, he pointed out the place. Mr. Brown afterwards pointed out the same spot to me. The spot was at the head of the field. There were furze bushes there. This was a field behind the orchard, going up the side of it. When the prisoner pointed out that spot to me, I asked him if he threw Mr. Norway's keys into the bush, how did they get into his possession. He said that he and his brother had murdered Mr. Norway that was the word he used. I asked him, who took the keys from Mr. Norway, and he said his brother William, and he gave them to me, and that it was he (James) that threw them into the bush. I then asked him, if he and his brother murdered Mr. Norway, what did they murder him with? He said that he had a pistol, and his brother had a stick. Upon his saying that he had a pistol, I pulled the spring out of my pocket and asked him if that was part of the pistol; he said yes. I asked him how he had come to murder Mr. Norway. He said his brother William had been told he was gone to Bodmin market and would bring back a sum, or some money I cannot be certain which. I asked him how they stopped Mr. Norway? He said they were waiting by the gate near the house, and when they heard Mr. Norway coming they both walked out that he (James) was rather in the rear, and that Wm. Was in advance. As Mr. Norway came by the spot, he (William) said Mr. Norway, I have something for you. Mr. Norway then pulled up his horse, and William struck him on the head with a stick; James had then come abreast of his brother, and held the reins of the horse until such time as William had knocked Mr. Norway off. James said they went there with the intention of waiting for Mr. Norway. I asked him the question twice over. After they had murdered Mr. Norway, William drew the corpse across the road to the stream of water, desiring James to look out and see who was coming. James said they went home across the fields, and cut through the orchard. He said he drew the charge of the pistol the same night, and on the following Tuesday he took it to pieces, burnt the stock, and chucked the brass work and lock into a field adjoining the house. He said two or three screws were taken out before it was thrown away, and he said the hammer broke whilst murdering Mr. Norway. That was all that passed at that time. I was present on the 17th of February, when the prisoner William made his confession. After Mr. Molesworth had gone away, I had some conversation with him. - The Judge objected to this course, and Mr. Cockburn withdrew the question.
The prisoner, William, when asked if he wished to put any question, to the witness, replied I wish to ask what I said to him after Mr. Molesworth went out. - The Judge told him he might do so if he pleased, but he would not permit him to answer that question unless the prisoner wished it. The prisoner then declined putting the question. - Mr. Brown was re-called, and stated that he had pointed out the spot where the keys were found, to the last witness.
Henry Bonnady was called, and said he was a constable; I accompanied Jackson from Bodmin to Wadbridge; he has given a correct account, as far as I heard, of the conversation. But I did not hear all that passed. He asked the prisoner first what he had done with the keys; James said he threw them in the furze in the field, which he afterwards pointed out when we drew up the carriage. When he asked him how he came to kill Mr. Norway, he said I did not kill Mr. Norway, it was my brother. He asked him what his brother was called, and he said Wm. Lightfoot. He asked him where he lived; he said at St. Breock Burlawn. Then he showed him the spring of the pistol, and asked him if that was part of the pistol that they murdered Mr. Norway with. He said, yes, it was. Jackson asked him how long they waited for Mr. Norway. Jackson said it must be an hour or more. Yes, said he, it must be more than an hour and a half; I reckon. And he said that as soon as they heard Mr. Norway coming, they both went out from the gate this side of the house and walked on, William a little before James. As soon as Mr. Norway overtook them, William said, Mr. Norway, I've got something for you, and immediately struck him on the head with a stick. Jackson asked him how long they were killing Mr. Norway; he said, not more than three or four minutes. He asked him if he broke the pistol in doing it; yes, he said, he did that particular part of the pistol, the hammer. That is all I recollect.
Thomas Dungey, examined by Mr. Rowe I am a turnkey in the county prison. The prisoners have both been under my custody. The prisoner William made to me a voluntary statement on the morning he came in, on the 18th. He was taken before the magistrates on the 17th. William said to me, beginning the conversation, about half an hour after he came in, that he was as troubled in his mind that he was obliged to tell it. He said he met his brother by appointment at the head of Dunmeer hill; at the head of Dunmeer they stopped at a gate; and I think he said Mr. Vercoe rode by. I asked him whether it was their intention to kill Mr. Norway, and William said any person that came along we were determined to have some money. William then said they went on very slowly, and stopped at the gate near the cottage. When at the gate, Mr. Norway passed, they knew him by his grey pony. When Mr. Norway came up he went out and said I've got something for you Mr. Norway; then he took Mr. Norway's bridle in his left hand, and when he had got the bridle James came up and snapped the pistol at him twice, and then he, William, gave him a blow with a stick in his right hand. He gave me a description of the stick a white thorn stick a little more than a yard long. It was about the size of a small hand staff. He said that he hit Mr. Norway, and that Mr. Norway fell off on the further side. Mr. Norway was stunned by the blow; still he recovered and got on his legs. The two prisoners then came up, and he (William struck him with a stick and he thought that James struck him with the pistol.. He said no more. I then left this man, and went into the ward where James was confined. He was standing up with a book in his hand. He dropped the book and smiled in my face; I felt very much hurt and I said 'Good God,' how can you smile knowing this dreadful thing hanging over your head: Then I said you are the man that murdered Mr. Norway? Then I asked him whether The Judge, then you questioned him? Dungey yes; I merely put the question out of curiosity. The Judge (with some warmth) I do not approve of that curiosity in persons who have prisoners in custody. Dungey proceeded Then I asked him if he did not agree to meet his brother at the head of Dunmeer hill? The Judge Then you did not caution him at all? Dungey No, I did not think it was necessary. Mr. Rowe here rose, and said he did not wish to press this evidence against the prisoners. The Judge thought it was better not. Evidence obtained in such a way was very objectionable. The examination was therefore discontinued. The prisoner William said Did I say anything about a grey horse? Dungey Yes. Prisoner Did I say anything about having said "I have got something for you Mr. Norway?" Dungey Yes.
Richard Harry examined by Mr. Rowe I am a shoemaker, living at St. Breock. After the prisoner James had been sent to gaol, I saw his wife. James at that time owed me 21s. In consequence of what passed between me and his wife, on the 25th, I went on the 26th to take possession of a dresser and some shelves, in payment of the debt; my son assisted me. The dresser was slipped into a trench in the floor. We lifted the dresser from that trench; the prisoner's wife, Maria, was there at the time, when we had lifted out the dresser, I saw something white, which I took up and delivered to Abraham Whiting. It was a tablet.
Abraham Whiting examined I was employed to take down a bedstead, at the prisoner's house, on the 26th. I assisted in removing the dresser. Something was then picked up by Harry and given to me. It was the tablet which I now produce. I examined it, and found some memoranda, all in the hand-writing of Mr. Norway. I am a blacksmith. I had been employed on the 30th of October last, by James Lightfoot, to repair a pistol, which he brought to me himself. I was employed in putting a new screw to the cock of the pistol. There was a person offered to purchase it in my presence. The prisoner refused to sell it. [The barrel was then put into his hand.] I know the barrel by the screw and rivet. I asked of James Lightfoot who put that rivet in. [The witness, as he described them, pointed out the several peculiarities in the pistol.]
Mr. Symons proved the hand-writing in the tablets to be that of the deceased.
Thomas Kitto examined I am a miller, living in St. Breock. I supplied James Lightfoot in July last, with flour. The amount due from him was 10s. I had applied many times before Christmas for my money, and could not get it. I recollect the Wednesday after this murder took place; on that day my debt was paid. Maria Lightfoot, wife of the prisoner James, paid me a half sovereign.
This closed the case.
The Judge Now, William Lightfoot, the evidence against you has all been gone through. If you have any account of this matter to give, you may tell your story, or you may say whatever you wish about it. - William I never murdered Mr. Norway. - the Judge Is there any thing else you wish to say? - if there is you may say it, if not, there is no occasion for you to say more than that. - William No, my lord. - The Judge James Lightfoot, have you any account, or do you wish to say any thing? - James I never murdered the man. - The Judge William Lightfoot, have you any witnesses that you wish to call? - William There were two miners in the house when I came away, about three o'clock. - The Judge Do you wish to have them called? William I would if I could. - The Judge Do you know their names? - William They are called Wills. The prisoner then said he also wished John Rouncevell and Mary Carveth to be called. The two men named Wills were called, but did not make their appearance.
John Rouncevell was then sworn and said I remember the day on which Mr. Norway was killed. The prisoner set out for Bodmin about three o'clock I should think. He lives about six miles from Bodmin. - By Mr. Rowe I did not look at the clock at the time: I will not say to half an hour or so.
Mary Carveth examined The prisoner started a few minutes after three, by our clock. That was faster than the town clock it was fifty minutes faster than the Wadebridge clock.
James Lightfoot said he had no witnesses that he wished to have called.
At twenty minutes past four, the Judge commenced summing up the evidence, which his Lordship went through with great care and minuteness, making occasional observations on portions of the testimony explanatery of their legal effect. As preparatory to the evidence, his Lordship said Gentlemen, there is in this case a circumstance which is both natural and proper in all cases of this kind; namely, there has been a large reward offered. When a great crime had been committed it is very desirable that a reward should be offered, as it is frequently the means of detecting the criminals. But, at the same time, it is very apt to give rise to another effect, which requires vigilant attention to examine the evidence it produces. The hope of the reward is very apt to produce an over zeal in giving evidence; and in some cases but it is far from me to insinuate anything of the kind here it leads persons to exaggerate or to pervert evidence. Having made this observation in the first instance, you will bear it in mind in receiving the evidence in this case, and consider whether there is any part of the evidence you cannot on that account safely trust. His Lordship, in reference to the evidence of Jackson, and the manner in which it had been procured, remarked to a certain extent a constable must be under the necessity of asking some questions of a prisoner before committed, to find satisfied that he has grounds to take him before a magistrate. And then there may be a reasonable latitude, as there is by law, given to the constable for the purpose of guarding his judgment as to whether he is authorised in taking up a prisoner. But when a prisoner is only taken up and carried before a magistrate, and remanded for further examination, it is a matter quite beyond the limits of the duty of a constable to go into examinations and re-examinations of the prisoner. The law is extremely jealous of any thing like secret or private examinations made, except by persons regularly authorised to do so. And magistrates are generally intelligent men, as indeed are many constables. Jackson is a very intelligent man, well acquainted with this duty, and also very well aware how to worm a confession out of a party. There does not appear, however, anything to render his evidence inadmissible. At the same time, his conduct is such as I by no means think a party is warranted in pursuing. I thought it necessary to give him a caution that he should not conduct himself for the future in the same way. But his evidence, being strictly admissible, it is for you to judge of its effect. And if you believe Jackson's evidence, there cannot be a fuller or more complete confession as affecting James, the party who made it, but it cannot be evidence against William. His Lordship also alluded to Dungey's evidence, a portion of which he had refused, because he said he thought it was an improper mode of getting evidence for a gaoler to go about from prisoner to prisoner in the gaol. In conclusion, his Lordship said This is the whole of the evidence I have read to you the evidence of Rouncevell and Mary Carveth on the part of the prisoner Wm. Lightfoot, adduced for the purpose of showing that he was not in Bodmin to early as four o'clock. That evidence does and seem to make out a very strong case for that purpose. - This is a very serious case against the prisoners at the bar. At the same time, it cannot be denied there are circumstances tending to raise a very strong case against them. If you believe the depositions, undoubtedly they make out a clear case of confession against the prisoners. If you have any ground to doubt or disbelieve the confessions as to either party, or both, that will be a different matter. Independently of the confession against the prisoner James, there is a good deal of evidence arising out of the circumstances of the pistol, of which he gave different stories, and which had been made away with. If you believe that a part of that pistol was found on the spot where the murder was committed, you will entertain no doubt that the pistol was one of the weapons used on that occasion. Gentleman, you have paid most unwearied attention to this case; and I am not aware that it is necessary for me to trouble you with any further observation. You will consider whether either or both of these prisoners are guilty. If you see any reasonable doubt, the prisoners will be entitled to the benefit of them. Fanciful doubts, you, as men of reason, will, of course, not attend to.
The summing up lasted one hour and twenty-five minutes.
One of the jury asked what dress the prisoner William Lightfoot left home in?
William Roche was recalled and stated that William Lightfoot had on trowsers that were mended. He could not recollect any other part of his dress. He had not a smock frock on; that witness was quite sure of.
The jury turned round to consider their verdict. The prisoner William appeared to be somewhat agitated; but his brother James betrayed no feeling. In two minutes the foreman of the jury delivered a verdict of Guilty against both the prisoners. There was a buz of satisfaction from the public, which was, however, instantly suppressed.
The Judge, who appeared to feel most deeply the painful duty imposed upon him, having placed on his head the black cap, proceeded to pass sentence of death upon the prisoners in nearly the following terms: - Prisoners at the bar, you have been convicted, after a most painful and prolonged inquiry, and a most careful investigation by myself and by a jury of your country, of this most barbarous murder a murder which appears to have been committed with a degree of recklessness and indifference which it has hardly [?] [?] to my [?] before to have been examples I do not know what may have been your [?] of life before. I perceive that you have not had any great [?] of [?], but at the same time to [?] can furnish the slightest excuse or [?], the [?] of barbarity against which human nature naturally results, I know not what means of instruction you have had since you came into the prison, but I trust it has been such as will bring you help [?] [?] state of mind to hear the sentence which is now to be passed upon you. The law of God and of man have equally determined that whom sheds man's blood, his blood shall be shed in requital; and it is my duty to inform you that on this side of the grave, there can be no remission of your sentence. You must prepare immediately to meet your God. I exhort, I earnestly exhort and intreat you to make use of the little time remaining with you, if possible, to appease your offended Maker. You will have the assistance of the Chaplain. Whatever religious instruction can be given may now be given you, and we have an example which teaches us that even the greatest criminals need not despair that by turning, even at the eleventh hour, to the Saviour, it is possible that our sins, though red as scarlet, may be white as wool. I am afraid that your means of instruction have hitherto been very scanty. I trust that for your own sakes, and I exhort you, to turn to that place where alone consolation can be found in your present situation to the mercy of God, through the intervention and mediation of the Saviour. It remains for me only to pass upon you the sentence as the law, which is, that you and each of you be severally taken from hence to the prison from whence you came, that you be taken from thence severally to the place of execution, and that you severally be hanged by the neck till your body be dead, and that your body, when dead be taken down and buried within the precincts of the prison in which you have been continued since your conviction, according to the form of the statute.
The prisoner James immediately leaned over the deck and asked one of the counsellors whether he might not be permitted to tell the court how he had been drawn into the commission of the murder by his brother. While James was asking this question, his brother William turned round to Mr. Everest, the governor of the jail, and asked if he might have some refreshment, as he had been kept without all day! - The prisoners were immediately removed, and they walked from the dock with a great firmness as they entered it.
[END of 3 Apr issue]
10 April 1840, Friday
Cornwall Lent Assizes,
Third Court, Tuesday, March 31, (before Mr. Rogers)
Richard JAMES and William BLAKE were charged with stealing potatoes from a barn belonging to Mr. Penwarden, of Launceston. - Edmund Rundle is hind to Mr. Penwarden; and on the 22nd of February he found that his master's barn had been entered, and a quantity of potatoes stolen. There were four different sorts of potatoes in the heap. He found close to the potatoes an old smock-frock; and in consequence of some suspicion, got a constable and searched the prisoners' [?] in [?] of which a quantity of similar poatoes were found. The prisoners had t[?]by potatoes in the last [?] A person said these were the produce of their tilling [?] called Hickabey, labourer, proved he had worked [?]with Brake, and had seen him with smock-frock produced. - Blake, in his defence that the frock that [?]was still in his possession Hacksaw had not seen him.
John Price SMITH Prosecutrix lives at St. Mel[?] [?] property of [?] [?] [?]th February, she missed a silver watch, lion. [?] hanging, an hour before, at her kitchen which [?]. She met the prisoner, and asked him if he knew anything of it. "At first he denied 'that he did; but on being told that he should be sent before the magistrates, he gave her the watch, saying he took it for the purpose of shewing it to his mother, and intended to bring it back again. Guilty. - The prisoner, who is an intelligent looking lad, has crooked hands, and is otherwise deformed. He is the child of very poor parents, who, it is feared, have not set him the best of example; and his case appeared to create much commiseration in the court, more particularly with the Learned Gentleman on the bench, who deferred the sentence that he might inquire whether there were any institutions in the county for such unfortunate children. The prisoner was afterwards sentenced to three months' imprisonment, but without hard labour.
William STEPHENS was charged with stealing three chairs, from the dwelling-house of James JEFFERY, of Morval. - John Deacon met the prisoner going through some fields towards Pelynt, with three chairs on his back. - Nicholas Cocking resides at Polperro. Prisoner called at his house late one evening, and said he had injured himself with powder, and asked permission to leave three chairs there until the Wednesday after, as he could carry them no further. Witness knowing that prisoner was about to be married consented; but as the chairs were not called for on the day appointed, he gave information of the transaction. The prisoner, when taken up, offered money to the prosecutor to make it up. - Two respectable farmers gave him a good character. - Guilty. Six months' hard labour.
Elizabeth JAMES was charged with stealing a pile of stays, the property of Mrs. ROBERTS, of Kenwyn. - Prosecutrix stated that the prisoner had worked for her in October and November last, as a charwoman. At that time, she had a pair of saloon stays under the mattrass of a child's crib. In February she missed them, and in consequence of information, went to a neighbour's house, where she saw the stays in the hands of the prisoner, who said they had been given to her, and that she would produce the person who gave them. Prosecutrix did not take them then, but as the giver was not forthcoming, she applied to a constable, who found them on the prisoner's person. - Guilty. One month's imprisonment.
Thomas BROWN was charged with stealing four fat geese, the property of Wm. Harris, of Duparth, near Callington. - Mary Ann HARRIS, prosecutor's wife, occasionally fed her poultry. On Sundya, the 4th of January last, she missed four geese. She had seen them the previous afternoon. She had at that time ten geese, and four of those feeding were gone. She next saw them with Burt, the constable, at the New Inn, in Callington, on the 10th of January. Witness identified the geese. - William Harris went on the morning of the 5th of January, to his poultry house, and discovered pools of blood where poultry appeared to have been killed. He traced footsteps round the house; the left footmark had no scoot behind, but had large nails; the right footmark had a scoot both before and behind. These marks were at first near the house, and then they turned off from it. Witness and his servant man followed the tracks there were also the wheel-tracks of a small cart. They traced him through his hay and corn mowhays, and through many fields into the highway, and from thence to an old quarry pit, where he found a quantity of goose feathers. He further traced the marks to 'town-place' called Cleeve, where he found a cart corresponding in width of wheels exactly with the track, which he and his man had frequently measured as they went along. They traced that marks for more than two miles. The prisoner's name was on the cart, and witness having learnt where he lived went into his house. Witness had previously sent his man into Callington, to fetch Mr. Burt, the constable. They all entered the house; and near the fire they found a pair of high shoes, lately cleaned, which corresponded with the marks they had traced. The prisoner was not home then; but witness remained in the house, and constable and witness's wervant went in pursuit of the prisoner. They soon brought him home, and requested to see his poultry-house, this he refused, and the constable took the key from him. On going up into the loft in prisoner's poultry-house they discovered four geese recently killed, which the prosecutor swore to as his property. The prisoner asked witness several times to forgive him, and sent others to endeavor to make it up, stating that he wished he had been at the bottom of the sea when he did it, and many other such expressions. - Mr. Burt, and the prosecutor's [?], corroborated this testimony. - Messrs. Collins, [?]dge, Hocking, and Dodge, very respectiable farmers of the neighbourhood, Mr. Dodge being on the jury, gave the prisoner a good character. They had known him many years; and this was the first offence they had ever heard him charged with. He had been a re[?], had kept a cart; and had always been an industrious, honest man, as far as they had known or herad. - Guilty. Six months imprisonment at hard labour.
This closed the proceedings in the third Court.
Wednesday, April 1 (Before Mr. Justice Coltman)
Trial of a respectable butcher for cattle stealing John EDMONDS, 41, was charged with having stolen a cow, the property of Thomas ROCKRAGE, a farmer, in St. Keverne, on the 23rd of October. - This case excited considerable interest, as well from the respectability of the prisoner, as from the circumstantial evidence adduced in wupport of the charge. The Counsel for the prosecution were Mr. Smith and Mr. Merivale; and for the prisoner, Mr. Rowe. Several jurors were allowed to withdraw, on the plea of living near, and knowing the parties. The case occupied the court till five o'clock. - Thomas Rockruge, the prosecutor, examined. - In October, he had two cows, one steer, and two oxen. He had agreed to sell the cows to Eli James, and to deliver one at St. Martins feast, and the other at St. Keverne's feast. On Wednesday, the 23rd of October, he saw all the cattle in his field, between five and six in the evening. The next morning they were all gone. He tied the gate with a strap. The two oxen and the steer were brought back the next day. One cow came back of itself on the Friday. The second cow he had never seen since. She was a dark brindled cow, about five cwt. - so dark as to have the appearance of being one colour. She had long, clean horns, turned up, and rather backwards. She was not in calf, to witness's knowledge; but she was large in the belly, and in good condition. Witness went to St. Martins fair on the 11th of November, and saw the prisoner and his father there. Prisoner said "I want to speak with you and your son. You and your son accuse me of stealing a cow." Witness said "No; I thought my son did not." He said he would take witness before a magistrate. Witness said he might do as he pleased; he would go with a warrant or without it. Witness afterwards said to him "I heard you was at Redruth market the Friday after the bullock was stole, with a fine bullock." Prisoner said he was not there that dya. Witness said he could prove it. Prisoner's father said "John, you shall clear yourself, or else be condemned; what's a man without a good character?" Witness had dealings before this with prisoner. On 15th Oct. he was going to Manaccan fair with the cow. Prisoner asked the price. Witness refused to sell her. Cross-examined by Mr. Rowe This cow had a full bush tail; there was no sore upon it. Prisoner was in witness's debt; and witness had threatened him with law. The cow might be living to this day, for what witness knew. The Goonhilly Downs are about two miles from witness's house, in the other direction from Helston. - When witness made the search, and put out hand-bills, he described the cow as a dark brindled cow. He does not know that he ever described her as almost of one colour. The ground was almost black. The streaks were something of a tan-colour. It might have been six weeks before that she had been to bull; would not swear it was two months. The cow had not been in kind since. When witness sold the cow to Eli James, he said there was no calf to harm her. This was on the 16th of October. The conversation at Manaccan was in an open passage, and many people were there. By Mr. Smith A pair of shears would cut off the bush of the tail in a minute. Prisoner was in witness's debt almost GBP 60. By the Judge It is usual when a cow does not prove with calf, to come in kind again in about three weeks or a month. It varies according to the weather. John George, a butcher living at Breage, attended Redruth market. Prisoner had four quarters of cow beef with him at Redruth, on the 25th of October. Witness said "This is a goodish cow master." Prisoner replied "Yes." Witness said "Is she worth the money?" He said, "Yes," she is loose behind; she does not cost me a pound a hundred. 'Loose behind' means an unsound bullock. It appeared to witness to be as good a bullock as he could wish to see. Prisoner exchanged one quarter, and part of another for mutton. He sold the other two quarters to a woman. This was the Friday before Helston Fair. Cross-examined Prisoner did not attend Redruth market regularly. His stall was in the open market. It was not uncommon to change meat, at markets. A person could not tell from the outside that a bullock was in the condition described by the term loose behind" if it had only been so for a day or two; but if it continued for some time, it would bring down the meat, so that it might be distinguished. Re-examined Could not tell how long it would be before the effect would show on the meat. - Witness never heard any other character of prisoner than that of an honest, upright man. - George Williams, a butcher, of Helston, was at Redruth market on the Friday in question. Saw prisoner there about ten o'clock. He had part of a fore quarter of beef for sale. He asked witness if he had sold any beef off. Witness told him no; he did not mind it much; that his bullocks did not cost more than GBP 2 a hundred. That was considered cheap. Prisoner said his did not cost more than GBP 1. She was "loose behind;" but had not been so above eight or nine days. GBP 1 a hundred was very low. This meat was very good. By Mr. Rowe Prisoner said he had heard of the bullock on the Wednesday, and went and bought her. Witness saw the prisoner at St. Martins fair, with his father. There was a talk there about the loss of this bullock. When the day of Redruth market ws brought home to him, prisoner said he was there that day. Some one had said he was not there; witness could not say whether it was Roskruge or the prisoner; but witness stepped forward and said, "Yes John, you was there." He said, "I was there," when the day was made known to him. George Simmons, a labourer at Helston, occasionally assisted in slaughtering bullocks. On the evening of the 26th October, prisoner asked if he would assist him [?] [paper wrinkled] [?] down the bullock. Witness said he would, [?] a killing shop and yard, on the higher [?] [?]. There was a pound about forty yards [?] [?] shop, and the bullock was in it [?] [?] she was in calf. Prisoner [?] [?]. When witness opened her he did not find any calf. Prisoner's father, "John, I thought you had not bought this [?]. He said "Father, you see I can do a brave [?] in a little while." The father said the weight was better than 4 ½ cwt. There was no bush on the [?] It appeared to be a healthy bullock. They [?] a candle in killing her; she was in good condition. She looked dark in the candle light. Witness does not know what sort of horns she had. Cross-examined -
There was no appearance of the bush of the tail being cut off, nor of a recent wound on the tail. The hair seemed to have been worn away in the usual manner. The pound in which the cow was, was left open, except when cattle were impounded there, so that any body might use it. It was not a late hour, seven or eight o'clock, to kill a bullock for market. The tripe was large and very full. Prisoner always bore the character of a very honest man. - By Mr. Smith. It was usual to fast a bullock before killing. They bring in a bullock in the evening and kill it next day. By the Judge. Witness examined the tail particularly, because the bush was gone. Never saw the bush cut off on killing a beast. - John Roskruge, a farmer, and a nephew of the prosecutor, was at St. Martins fair on the ovember. Prisoner was there, and said he would as soon lose his life as his character. Witness said he could easily clear his character by stating of whom he bought the cow in the week that witness's uncle's cow was stolen. He said he had the cow from Mr. Treweeke of Breage. Witness told him he heard he had beef at Redruth market on 25th of October, which he sold under very suspicious circumstances. He said he was not there that day. Witness said, then of course he could clear himself; but added that he had heard from a Helston butcher that he (prisoner) had been there, and had exchanged half a bullock for mutton. Prisoner then said it was not a half, but a quarter. Witness said, "then of course you must have been there." He said nothing in answer to that. Cross-examined There were two Mr. Treweekes in Breage. - Mr. Richard Treweeke, of Breage, had been in the habit of selling beasts to prisoner, and sold him one last in September. Sold him no cow in October. What he sold him last was a cow and a heifer. The heifer was delivered on the 26th September, and the cow on the 9th of October. This cow was red all over. Was not paid at the time. Sold both bullocks for GBP 20 certain; and more if they weighed more than 850 lbs. After the 9th of October did not see the cow. On Saturday, the 12th of October, saw prisoner in Helston market, and asked him how did the bullock die? He said, "light." This last cow which witness sold him had horns [?] forward. Witness called on prisoner afterwards for his money. He said he could not pay then, but would come out and settle. He then said he was accused of stealing Mr. Roskruge's cow, and added, "Suppose I keep your cow a week or a fortnight." Cross-examined Had known prisoner many years, as an honest, industrious, upright man. The cow witness sold to him in September had no brush to her tail. The brush was gone before witness had her. By the Judge The cow was all red; rather a lightish red. - James Roskruge, son of the prosecutor, remembered the time when the cow was lost. On the 16th of November, witness went to Mr. Bolitho's tan-yard, at Helston, to search for the skin, but could not find it. Had been before to the tan-yards at Penryn, Falmouth, and Truro. - Cross-examined Witness only went to one tan-yard in each town. At Truro, to Mr. Ferris's. Hauled over all the skins in the pits; but not all on the premises. Mr. Rowe Suppose the cow was alive and well, to-day the 1st of April should you expect to find the skin? Witness Why, no. Mr. Rowe Should not you think it was an April fool's errand? (laughter) Eli James, early in October bought two cows of prosecutor, and killed one. The other was a very dark brindled cow, with a high horn a very good cow, about five cwt. The horns turned up and then bent in a little. Cross-examined. Witness never heard but that prisoner bore a good character. Mr. Treweeke recalled. - The cow I sold was a large "scopy" cow, and a much better beast than the heifer. James Rosewarne, a butcher of Helston, purchased a cow of Mr. Pearce, of Polkerth, in October, and sold prisoner half. Brought her home on Thursday, the 24th of October, and sent her on Friday morning to the prisoner; but she came back again. Witness killed her himself on Friday evening, and sent prisoner half on the Saturday morning. Had a talk with him on the Saturday. He said he was at Redruth market the day before. Cross-examined Had known the prisoner from 10 months old. Never heard anything against him. Henry Mildon, farmer of St. Keverne, had dealt with prisoner. On the 21st of October prisoner was at witness's house. Mr. Roskruge's farm lies between witness's house and Helston. The prisoner came to buy a cow, and witness showed him one, and asked GBP 10 for her. He objected to the price and they could not deal. He said he wanted a cow to kill that week, and he had not got one; and that if he bought witness's he should take her on Wednesday the 23rd. Cross-examined He said he had not bought, or got witness could not tell which exactly a cow to kill that week. John Barnicott had charge of a tan-yard in Helston, and had been in the habit of buying skins of prisoner. Witness referred to his book, and read the following entries of hides bought of him: - 28th of September, 57 lbs; 6th October, 60 lbs.; 12th of October, 66 lbs. The last was a cow hide. Whether they were cows or heifers witness put a Copp[?]; but from the weight of the hide in the last case, he judged it was a cow. - Witness read on from his book. - 19th October, John Edmonds, 41 lbs. C. That might be a heifer or a cow. There was no entry on the 26th. On that evening, witness enquired of Edmonds where the hide was. He said that Ferris had it. Ferris is a tanner at Truro. - By the Judge When they have the hides on a Saturday, they put them into the water till Monday; they then put them in lime-pits; and it is four or five weeks before they get into the tan-pits. Heifer hides sometimes weighed as much as cow hides. - Cross-examind Witness has known the prisoner 15 years; he has carried on a fair trade. - John Beaglehole, is foreman to Mr. Ferris, tanner, at Truro. Witness attended regularly on Fridays at Redruth, to collect the hides. He was there on Friday, the 25th of October, and had two hides of prisoner's father. The weights were 69 lbs. And 42 lbs. They were cow hides one of a full-grown cow. Whether the other was a heifer witness could not say. Prosecutor's son saw these hides on the following Wednesday. He did not claim them. During the last twelve months, witness had bought three or four hides from the prisoner; but purchased one or two a week of the father. - Cross-examined Always paid the father. The father was the man who delivered the hides. When the prisoner delivered the hides, witness paid him. There was a tan yard at Truro besides Mr. Ferris's, belonging to Mr. Bolitho. By the Judge Witness was in the habit of taking away the hides, just before the standing, taking it for granted that prisoner or his father meant to deal with him. He took them from that spot, whether they came from father or son. By Mr. Rowe the prisoner was always a good and honest young man as ever witness heard tell of. By Mr. Smith the prisoner generally stands by his father; but sometimes, when he comes late, he stands where he can get room. But the Judge They bring the hides only on wet mornings to the standing, to keep the meat dry. Richard Martin, lived in Helson, and collected hides for Mr. Bolitho. Witness had a red hide with crumpled horns from prisoner in October last, a fortnight before Mr. Rockruge's bullock was lost. Had been at prisoner's killing house, and saw him killing the cow it came from. Witness said it was a fine bullock, and asked him from whom he bought it. He said from Mr. Treweeke, of Breage. Cross-examined Could not say if the hide belonged to the cow he saw; it was a fresh hide. James Roskruge re-called When at Truro, witness was shewn two hides by Beaglehole. One was a heifer; the other a cow. The largest hide was a whitish one, with some red about it. The heifer's was a light red. By Mr. Rowe Witness had a quarrel with prisoner. He challenged witness to fight. Had not spoken to him for a twelvemonth. Had said if it lay in his (witness's) power, he would give him a moorstone jacket, meaning to send him to prison (laughter). That was 12 months before this thing occurred. Witness has bad feeling towards him now. Will swear that the largest of the two hides at Truro was spotted with white. The man said it was the largest in witness's sight. Witness never stated this before; he was never asked. Witness knows John George; but did not state to him that he would get a chain put about the prisoner's leg. Witness spoke to Mr. Treweeke at Trelowarren, at the late examination about the moor-stone jacket. By Mr. Smith What witness meant was that prisoner should go to prison for a debt he owed him and his father. - This was the case for the prosecution.
Mr. Rowe than addressed the jury for the prisoner with great zeal and ability; alleging that from all that had been stated, it did not appear that the cow had ever been stolen or killed; and she might yet be wandering about, or have got into the possession of some party not before the Court Mr. Rowe further contended that there was, from the evidence, the strongest probability that the cow killed by the prisoner on the 24th of October, was the one he had bought of Mr. Treweeke; while the evidence that the cow then killed had not a calf in her, was sufficient proof that she was not the prosecutor's cow. Mr. Rowe also dwelt particularly on the evidence that the tail of the cow killed on the 24th of October, had no brush; and also on several other portions of evidence tending to prove that the cow was not the same which the prosecutor lost. The learned Counsel concluded with a forcible reference to the excellent character given of the prisoner by the witnesses for the prosecution.
The Learned Judge summed up with great care; and the Jury returned a verdice of Not Guilty.
(Second Court)
(Before Sir R.M. Rolfe)
Thomas MARTYN, 30, and John HOARE, 22, two tinners, were charged with having asaulted Richard Archibald Ingleden, constable, at Wadebridge, while in the execution of his duty. - Richard A. Ingleden, examined I am a constable at Wadebridge. I was so on the 21st of March; I went into the tap-room of the Commercial Inn, at half-past ten, in pursuance of the order of magistrates, to see that the houses were closed at a certain hour at ten o'clock for the tap-room, excepting on market nights, fair nights, &c. I found the prisoners there; they had been smoking and drinking. They knew me, for they had seen me as constable in another public-house the same evening. There were about 30 altogether all more or less drunk; the prisoners were very drunk. I spoke to the landlord and requested him to clear the room; and he ordered all to leave the house. The prisoners could hear what the landlord said. The major portion went; the prisoners and three or four more remained behind. The prisoner Martyn said, "No bloody laws were for them, and no bloody policeman should enforce them." The landlord attempted to turn them out, and not being able I assisted him. In turning out Martyn, he struck at me right and left. He made a seizure at me. He missed me, and tore my trowsers as they are now torn. I had my cutlass on, and as they all surrounded me, I pulled it out, and said the first one that, touched me I would cut down. I had hold of Martyn, and told him to consider himself my prisoner. He would not go with me, and Hoare, the other prisoner, laid hold of him, and said he should not. Hoare did not strike me, but resisted me in taking Martyn. I then ran up to the Molesworth Arms, where there were several gentlemen, and called upon them to assist me. Cross-examined I was appointed by a committee of magistrates and respectable private gentlemen; I was sworn in in Mr. Symons's office. Mr. Molesworth was present. Mr. Symons is the magistrate's clerk, and Mr. Molesworth is a magistrate. I was sworn in as a constable of four parishes. No other magistrate was present.
The Counsel for the prisoners urged that the appointment was illegal, because the witness was appointed by a number of private gentlemen; but the Judge overruled the objection, remarking that constables were appointed in all sorts of ways, and the witness was sworn in before magistrates.
Cross-examination continued The prisoners are honest miners. I should have taken several more into custody if I had had sufficient assistance. I did not take any more into custody to my knowledge. Martyn went very quietly with me after the gentlemen came up. I can't say that Hoare struck at me. I did not brandish my cutless, but I drew it to defend myself. - By the Judge I was sworn in on the 12th, and have acted every day since. Wadebridge is part of the parish of St. Breock. I was sworn in for that and three other parishes. - Joseph Skillett examined I came to the assistance of the last witness. When I came up, Ingleden had Martyn by the collar. There were about twenty or thirty persons about. Neither Hoare nor Martyn, did anything after I came up. Hoare followed Martyn, and was not then in custody. He was afterwards taken into custody. - Thomas Hawke examined I live at Wadebridge. I was standing at the stable door of Mr. Hick, and heard a great noise at the Commercial Inn. I came to the front door, and that was locked. I went then to the back door. I saw the policeman pushing Martyn out of doors. I did not hear him say anything; the policeman said you had better go home, and Martyn swore and said he would not. Martyn swore and said he didn't care for the policeman, and wouldn't go home till he had a mind to. Martyn dropped his hat. I picked it up and gave it him. The policeman ran out of the yard, and whilst he was gone, Hoare said he had better not show here, if he does I will seat his brains out. The policeman came afterwards, and with Skillett took Martyn into custody. Hoare followed and said "never mind, Tom, I am coming behind you." Mr. Ayres addressed the jury on behalf of the prisoners, and called a number of witnesses, who stated that they saw no assault committed by the prisoners, and the jury returned a verdict of Not Guilty.
Forgery John Hodge, 45, a miner, was found guilty of forging an order for twenty shillings' worth of grocery, in the name of Capt. Peter Wilboughby, of Wheal Harmony, and paying it to Mr. William Nicholl, of Redruth. The Judge sentenced him to two years' hard labour.
The Court there rose.
In the following cases, the Grand Jury ignored the bills Joseph Alexander, 23, charged with stealing a silver watch, the property of GillMarie le Colen. Leonora Jenkin, 21, Ann Pascoe, 22, and Henry Clark, 18, committed by the Truro magistrates, for having stolen a silver watch, the property of William Dabb. Mary Bartlet, 33, charged with being in the stable of Charles Joliffe, at Launcells, on Sunday, the 1st of March, after dark, with the intent of stealing hay therefrom. John Lander, 21, charged with stealing a sovereign belonging to William Dingle, of Launceston. Oliver Gluyas Symons, for committing an unnatural offence upon a cow in Crowan. William Rogers, for administering to Mary Hockin, of Gwennap, a quantity of deadly poison, called Spanish fly. Thomas Cleare, 36, Jeremiah Menhine, 16, and Thomas Caddy, charged with having feloniously assaulted James Derry, at Egloshayle, near Wadebridge, and stolen from his person nearly GBP 80.
Mr. Baron Rolfe rose shortly after eleven, and Mr. Justice Coltman at nearly four o'clock, when the Assizes were finally closed.
Cornwall Quarter Sessions
These sessions were commenced on Tuesday last, before John Hearle Tremayne, Esq., and a bench of Magistrates.The attendance of Magistrates was tolerably numerous, considering that there was very little business to be done. Among those present were Sir W.L.S. Trelawny, J. Paynter, T. Pearse, F.H. Rodd. F. Rogers, J. Buller, W.S. Sindys?, G.W.F. Gregor, and W. Hext, Esqrs., and the Revs. W. Molesworth, A. Tatham, R. Buller, T. Pascoe, T. Grylls, G. Treweeke, R.G. Grylls, jun., and J. Kempe.
There were only five cases on the calendar; but there were many persons out on bail; all, however, chargeable with offences of a slight character.
Resignation of Mr. Coode On the Chairman taking his seat on the Bench, Mr. Coode, the Clerk of the Peace, thus addressed the Court, - Mr. Chairman and Gentlemen, since the last session, in consequence of the increasing infirmities of age, I have resigned my office of Clerk of the Peace. But I cannot quit that service, without publicly thanking the Bench for the many proofs of kindness I have received from its members. I hope my conduct has been such as to merit, in some measure, your appreciation, and that I shall now retire with a conviction of your approval. To the gentlemen of the bar (said Mr. Coode, turning towards the table) my thanks are also due for the kindness I have always received from them; and, indeed, I may say to the public at large.
Mr. Coode, who had evinced considerable emotion in the delivery of his brief address, now resumed his seat; and the Chairman handed to Mr. Beanallack, with a request that he would read it publicly, the appointment to the office of Clerk of the Peace, of Mr. Edward Coode, jun., by Sir W.L.S. Trelaway, Bart., the Lord Lieutenant, and Cu[?] Ro[?]rum of the county.
The Chairman then having requested Mr. E. Coode to take his official seat, retired out of Court, with the Magistrates on the Bench. On their return, Mr. E. Coode took his oaths of office, which were attested by the Chairman and Mr. Lethbridge.
The Chairman then addressed Mr. Coode, in the following terms: - Mr. Coode, in the feeling address you made just now to this court, you were plesed to express your thanks for the kindness uniformly bestowed upon you. I have taken the opinion of the Magistrates as to what I should say to you in return. It is their ananimous feeling that we are still largely your debtors. The manner in which you have discharged your duties, and the assistance you have given us are beyond all the praise that we can give. Your ability has been great; your experience, I believe, unexampled. You have discharged the duties of your office for seven and forty yers. To your ability and experience you have always added the most ready and willing assistance in every question that has been addressed to you by the county, the inhabitants of which, I may say, all owe you their thanks. One part of your conduct particalarly I may mention, in which the interests of the county have ever been uppermost with you. Upon all occasions you have been the advocate of the most unflinching economy. Great would be our sorrow if we thought we were to part entirely with you on this occasion. Long, I hope, may that time be deferred. We trust that we shall still have you present at our deliberations, holding, as you do still, an important office in the county. There is also another great consolation for us, that your mantle has fallen into able hands. We all feel confident that the duties you have so ably discharged will be no less ably discharged by your son. I am, sure, Sir, you will give me credit much as I always wish the duties of this chair to be performed by any one rather than myself, and highly as I esteem the services of my worthy friend on my left (Mr. Lothbridge) you will, Sir, readily believe that I cannot but feel great pleasure that it has occurred to me to be in the chair on this occasion, to be the organ of expressing the sentiments of this county towards one whom I have known from my earliest childhood, and who has always claimed my esteem and regard. It remains for me, Sir, to convey to you the unanimous resolution which we have adopted. - Mr. Tremayne here read the resolution, which we have adopted. - Mr. Tremayne here read the resolution, which conveyed a warm expression of thanks for the ability, zeal, and upright counsel with which Mr. Coode had uniformly assisted the county in the execution of his various duties.
The manner in which the Chairman gave expression to these sentiments of himself and brother Magistrates, bore ample testimony to the esteem and regard in which the character and services of the worthy recipient of the county's gratitude were held.
The venerable old gentleman, labouring under great emotion, in vain attempted to give utterance to his sense of thankfulness for the sentiments are expressed towards him. The Chairman added I have also to express the perfect confidence of the Bench, that our present Clerk of the Peace will tread in the steps of his predecessor. I must also express our gratitude to our Custos Rotulorum for having made such an appointment.
The Magistrates and gentlemen of the bar then personally tendered their sympathy and congratulations to their time-honored friend, on his retirement from the arduous duties of public life, and also to his worthy and esteemed successor in office. We are happy to remark that Mr. Coode was looking exceedingly well.
The Court then proceeded with the usual business of the Sessions, and the following gentlemen were then called as The Grand Jury -
William Pollard, of Egloshayle, farmer, foreman.
William Barrett, of Liskeard, linen-draper.
William Broad, of Stratton, maltster.
Charles Cawrse, of St. Clear, farmer.
Frederick Chapple, of Bodmin, farmer.
Richard Clemens, of St. Keyne, farmer.
Robert Coombe, of Stratton, shopkeeper.
Nehemiah Henwood, of St. Keyne, farmer.
Henry James, jun., of Stratton, ironmonger.
James Cooke James, of Stratton, mercer.
James Lowe, of Poughill, gentleman.
James Magor, of Colan, gentleman.
Thomas Marshall, of St. Columb Major, draper.
Richard Medland, of Liskeard, genleman.
William Nicholas, of East Looe, gentleman.
John Norman, of Egloshayle, shop-keeper.
Charles Woon Parks, of Newlyn, gentleman.
Joseph Prust, of Stratton, farmer.
George Richards, of West Looe, brewer.
Robert Taylor, of St. Cleer, farmer.
Philip Trevail, of Egloshayle, farmer.
Skilson Tuke, of Stratton, farmer.
Nicholas Westcott, olf St. Columb Major, draper.
The grand jury having been sworn, and the usual proclamation against vice and drunkenness having been read, the chairman delivered the following
Charge : -
Gentlemen of the Grand Jury From the appearance of this calendar, it might be imagined that I should have to congratulate you on the state of it; but, unfortunately, you well know that it has a fallacious appearance, caused simply by the accident of the gaol having been completely delivered in the coarse of last week of a greater number of prisoners than was ever known here before. The Learned Judge was pleased to aitribute a great deal of the increases in the number of prisoners to a more [?] [?] of their duties by the constables. But, humble defering, in I do, to the opinion of that Learned Judge, I am sorry to say that I am not of that opinion. I believe that there was in that calendar such a glas of crimes as was never before experienced. What the cause of that was it is not for me to say. Some imagies that people are not educated; but, as far as my experience goes, the people are as much educated now as in any time during the present generation of men. Some say that the education is not sufficiently moral and religious. I cannot be of that opinion. I believe there is as much exertion and attention, both on the part of the clergy of the Church of England, and members of dissentling congregations, and of Sunday schools as ever there was during the periods in which I have referred. Others have said that it is owing to the distress of the country. WE are all inclined to say that the present times are bad times; but we have seen much worse times than these. It is not for me to say what is the cause of this increase of crime, but that it does exist there can be no doubt, and it is our duty, each of us in his respective [?]tion, to set our minds to prevent and repress it. Closely allied to this increase of crime in the question of increase of expenses; and the increase of expenses in the prosecution of cases at the late assizes in great indeed. The levies necessary as account of their enormous increase of prosecutions, there having been between 80 and 90 cases last sessions, and there were 88 last week it cannot but be supposed most be very great, and the county will be called on for a larger number of levies than was ever before made. The call this quarter will possibly be twenty rates, instead of twelve or fourteen. Some people have imagined that a great deal of this expense has arisen from this hall. It is not so. Every economy has been, and I trust will be used by the Magistrates. There is one circumstance which I trust I shall not be found fault with for noticing. It has struck me and some other gentlemen who have paid much attention to this subject, that sometimes witnesses are unnecessarily sent here, and an increased expense is incurred. Possibly the increase of our allowance to constables may have induced them not only to be more active in suppressing crime, but in pressing themselves forward to give evidence. - I hope that Magistrates, and those who advise them, will take care that no witnesses are sent who are not competent and necessary evidence for the purpose intended. This, however, is but a slight particle in the expenses, but every little should be saved. The expenses of the gaol do not appear to have increased as much as I should have supposed; they are not more than a hundred pounds greater than the corresponding quarter last year. There have been some necessary repairs, which have swelled the amount to a small extent. The current expenses for the maintenance of the gaol are GBP 708, and we have seldom kept them below GBP 500; generally but even GBP 500 and GBP 600, and they do not exceed the corresponding quarter in last year by more than GBP 103. The number of commitments are greater than was everknown on any occasion, and so is the number of convicted felons. I do not know that it is necessary that I should detain you with any further observations; you will have the goodness to find a bill as soon as possible.
The Bench then proceeded with The County Business -
The Chairman read the Visiting Magistrates' report, spoke of the good order of the gaol, though the number of prisoners was much greater than usual. Since their last report, the matron had died, and it was necessary to consider the amount of the salary to be paid to each of the matrons. This matter was postponed for consideration in the after part of the day.
The Chairman next read the report of the Governor of the Gaol, which stated that there was a greater number of prisoners in gaol, convicted of felony, than had been ever known at any former period. One death had occurred since the last report; but in other respects the prisoners had been very healthy. The return of prisoners confined was as follows: - Debtors and persons confined for contempt of Court and an civil process, 11 males and 3 females; prisoners convicted of felony, 57 males and 16 females; convicted of misdemeanor, 27 males and 12 females; committed on charge of felony, 4 males and 1 female. Total in gaol, 99 males, 32 females, and 4 children altogether, 135.
The Chairman then read a letter from Sir Richard R. Vyvyan, High Sheriff, relative to the state of the Sheriff's ward, which was not within the inspection of the Visiting Magistrates, and which was described to be in a very bad state. This was confirmed by Mr. Erereat; but after some conversation, the subject was dropped.
Mr. Coode applied for and obtained 20 rates for the common purposes of the county, 2 rates for the assize ball?, and one for the asylum.
Coroners' Bills Mr. Hamley's bill for GBP 100 10s. 1dc., Mr. Hicbens's bill for GBP 86 6s. 1d., and Mr. Carlyon's for GBP 76 6s. 4d. were severally passed.
Bridge Reports Mr. James Chapple presented his report for the eastern division of the county, which recommended certain repairs to Tamerion bridge on the Tamar, at an expense not exceeding GBP 50. There was some conversation about Helscot bridge, but it was carried on in so low a tone, particularly by the surveyor, who almost always speaks to some particular Magistrate instead of addressing himself in to the Bench, that we could not hear a sentence that passed. As application for 2 levies, amounting to GBP 233 14s was granted.
Looe Bridge The Rev. R. Bullen, then brought forward a motion of which he had gives notice with respect to this bridge. He spoke at considerable length of its bad and dangerous approaches, and of the extreme narrowness of the bridge in the centre, where
being only five feet 10 inches wide, it could scarcely be passed by some carriages, while it was a constant occurrence with vehicles meeting that one had to be backed in order to allow the other to pass over. The Rev. Gentleman also stated that the town of Looe had lately paid GBP 1,500 for the making of three roads to the town, and answered the objection that had been urged as to Looe not being rated to the county rate, that the people of the town would be very glad to be rated. In conclusion, he moved that advertisements be issued in the news papers, for plans and specifications for the repair and widening of Loose Bridge and its approaches, to be laid before the next Quarter Sessions, until which time the further consideration of this queston be adjourned.
Mr. John Buller, of Morval, seconded the motion.
After some conversation on this subject, in which several of the Magistrates took part.
Rev. W. Molesworth moved as an amendment that the county surveyor be instructed to make an accurate survey of the bridge, and report upon it at the next sessions.
Sir J. Sale seconded the amendment, which, on being put, was negatived by 9 to 6.
The original motion was then put and carried by a majority of 8 to 4.
Mr. Moorman presented his report for the western division of the county; and on the motion of Capt. Rogers, seconded by the Rev. T. Pascoe, it was ordered that power be given to the surveyor to advertise for tenders for completing Trevemper Bridge, on a plan and at an expense not exceeding GBP 110. Mr. Moorman was also ordered by the court ot inspect Trekerrel Bridge, to ascertain its state, with a view to its being taken as a county bridge. - There was GBP 25 4s. 3d. in hand, and the court ordered a levy of GBP 116 17s. to be made at the next Sessions. The court then proceeded within
The Trial Of Prisoners.
William Barnett, 55, was charged with having stolen potatoes, the property of John Lashbrook. - John Lashbrook, resided in the parish of Padstow, had potatoes in a cave at the back of his garden; in consequence of some suspicion, prosecutor went to the prisoner's house; looked through the window, and saw some potatoes in a chest, like those he had lost; went to the house again the same day, and was admitted to the room; the chest was there, but the potatoes were gone. Asked the prisoner's wife, in his presence, to show the potatoes; she said there were none there. She afterwards said they were early red potatoes, and she would give him some. Prosecutor said he did not want any of her potatoes he wanted to see his own. He then looked into the box, and found a potatoe; she became alarmed, and said In God's name, don't do anything in it, for we are going away. The next day he obtained a search warrant, and there found some of his potatoes hid under other potatoes. - Cross-examined The potatoes prosecutor lost were late carolines. - Walter Knight, constable of Little Petherick, said he searched the prisoner's house, and found some late potatoes concealed under another heap. They were similar to some that the prosecutor's wife brought from the cave. - Thomas Eplett, said he had tealed potatoes for the prisoner; but no late carolines. - Mr. Bennallack addressed the jury for the prisoner and he was found Not Guilty.
Phillip Rundle, 23, was charged with having stolen two Swede turnips, and two other turnips, the property of Richard Gynn, of Warbstow. The prisoner was in the employ of the prosecutor, and was detected taking the turnips. -- Guilty.
John Chapman, 44, on bail, was charged with stealing 10 turnips, the property of John Cayzer, of Treloggas, in Mawgan. The prisoner was seen to take some turnips out of a field, to his own house; he was then spoken to, and on the following morning he went and informed Mr. Cayzer that he had taken four turnips. - Guilty.
Thomas Richards, 22, was charged with stealing a waistcoat piece, a handkerchief, and a yard of velvet, the property of John M'Kivett, at Redruth. John McKivett, examined I am a hawker. On the 24th of January I went to the London Inn, at Redruth. The prisoner and other persons were there. It was a pay day among miners. I showed a handkerchief first. When I came into the house I said, do you want to buy? and he said let us see. I pulled out a handkerchief and a waistcoat piece. He took the handkerchief in his hand, rumpled it up, and put it in his pocket. He asked me the price of the waistcoat; I told him 4s., and he said it would be cheap as a gift. He put it in his pocket. He then took bold of another waistcoat, and I denied him. Then he put his foot over a form and asked if I was frightened ? I said no, and he said if I was I had no occasion to come to this place. He then proceeded to the door, and said to the company "good night," and he walked off. I had no time to ask him anything. I did not see him again that night; I searched several public houses, but could not find him, and I returned to the London Inn, to sleep. I never saw him till the night before he went to Camborne it was from the 17th of January to the 4th of February. These were my goods. I went to his house the next day I did not find him there, but I feared the goods, which were given to me by the prisoner's grand-mother. The goods now produced are my property. - The Constable said he had the things from the prosecuter. - John M'Kivett I never traded him for these goods. - Cross-examined I am an Irishman. I asked the parties by, and they said they did not know him. - Mr. Bennallack addressed the jury, and called Kisler I am a German, and was waiter at the London Inn. The prosecutor came in and went round to the several parties, and offered them goods. The prisoner looked at them, and asked him if he would trust him. The prosecutor said he would have no objection to trust any honest man Cross-examined by Mr. John When I heard of this man being taken up, I did not go before the magistrates. He said he did not like him to carry away his things; but he did not accuse him of stealing them (laughter.) - Guilty.
John Searle, 17, of Tywardreath, was charged with having stolen a duck, on the 16th of March, the property of Wm. Sweet. The prisoner was formerly an apprentice, of the prosecutor, and had permission to keep a duck with his master's ducks. He was afterwards ill, and a mallard was given to him in lieu of his duck. Some time afterwards, he left his master's service, and in a month after, having quarrelled with his master, he entered Mr. Sweet's premises, took his duck, twisted its neck, and threw it over Fowey quay. - Mr. Bennallack, contended that the prisoner had never exchanged his duck and he had a right to take it. The jury entertained a different opinion, and found a verdict of Guilty.
James Hodge, 22, (on bail), was charged with stealing two sheaves of reed, belonging to Wm. Angwin. - Wm. Angwin, I am a farmer living in St. Buryan Churchtown; on the 30th of January I went to Penzance, leaving four and a half sheaves of reed there; on my return, one and a half were gone. The prisoner lives in St. Buryan, and keeps a pig. On missing my reed, I went and saw some new reed under the pig, and a sheaf of reed in the wood corner in the prisoner's house. I sent for him the next day, and asked him who told him to go into my stable and take reed from my stable; He said he brought them from Trove with him. I said that a man named Morish had seen him coming home from Trove with a can and a cabbage. Then he said he brought the reed on another day. - The prisoner attempted to establish that it was a part of his agreement with the prosecutor's mother, of whom he had taken his house, that he was also to have reed for nothing, but failed, and the jury found him Guilty.
The Court rose at six o'clock.
Malicious Outrage On Monday evening se'-nnight some malicious villain cut off three of the tassels belonging to the hammer cloth of Sir Richard Rawlinson Vyvyan the High Sheriff's state carriage, tore the cloth, and stole a mackintosh covering which belonged to the cloth. The coach was in Oliver's Hotel yard, Bodmin, and one of the tassels was thrown over into the yard adjacent.
Padstow On the morning of Wednesday last, the bodies of Stephen Green, and John George, two quarrymen, were found drowned in Padstow pier. The deceased brought a boat laden with stones, from a quarry at Dennis, about half a mile up the river, that morning; and it is supposed they struck her against the pier head, and she sunk with them. Verdict found drowned.
Wreck On Tuesday last, as noon, during a heavy storm from the N.E., the sloop "Mary Ann," of and for Poole, with a cargo of coals from Swansea, was wrecked in St. Ives bay. Crew saved.
Death From Glanders The following melancholy case of death from glanders, occurred in this town, on Saturday last: - About three weeks since, Joseph Pascoe, a fine young man, 21 years of age, son of Mr. Joseph Pascoe, state-van proprietor, had been looking at a horse infected with this horrible distemper; and it is supposed he must have accidentally touched the matter running from the animal's nostrils, and afterwards lifted his hand to his right eye, as that appears to have been the part principally affected. Some time after this, he was taken unwell, with constant shivering, and complained of a pain in his back. He, however, continued to follow his usual avocations until about a fortnight since, when he was obliged to keep his bed. He then spoke of a pain in his right eye, which had become much inflamed and swollen. From that time he gradually grew worse; all parts of his body were covered with bladders, and swelled considerably; both eyes were affected, and the flesh around them begun to putrify, with a great discharge of matter from the nose. On Thursday last he became delirious, and continued on until death put an end to his sufferings. The deceased was a fine, healthy young man, of a quiet and inoffensive disposition, and was much esteemed.
Birthday Festival On Thursday, the 26th ult., Matthew Moyle, Esq., attained his 92nd year an even which gave rise to great festivity at Chacewater. At ten o'clock, 92 old people, whose ages averaged 70 years, sat down in a commodious room to a bountiful repast, consisting of beef, mutton, beer, &c. their clean appearance, the manner in which they conducted themselves, and the gratitude expressed by them, produced a feeling in the minds of the numerous and respectable audience which will long be remembered. About three o'clock, a large party dined together, at the King's Head Inn, where the dinner, wines, and dessert reflected the greatest credit on Mr. Martin. Mr. Gill ably presided, and was well supported by Mr. Silus, as vice-president. On the cloth being removed, the Chairman, after proposing the Queen and Prince Albert, Queen Dowager, Duke of Sussex, and the rest of the Royal Family, Army and Navy, in a speech which was appropriately and feelingly delivered, proposed good health to the venerable guest. Immediately on the toast being drunk (and drunk it was with the greatest cordiality) Mr. Moyle rose, and in an eloquent and impressive speech, thanked the company for their kindness towards him, and urged on them the great and important maxim of doing unto others as they would wish to be done unto. Although 92 winters have passed over him, he appeared from his mental faculties as only now in the spring of life; and fortunate indeed would it be for the poor of that neighbourhood if such were really the case. Letters expressive of regret at not being able to attend were read by the chairman from E. Turner, Esq., M.P., J.P. Peters, Esq., &c. The meeting was ably address by Charles Turner, Esq., Samuel Moyle, Esq., Samuel Cardozo, Esq., Mr. Morcom, the Chairman, and Vice-president, Mr. Chubb, of London, in returning thanks for the strangers, and Capt. Trevethan, for the mining interest. Many toasts were drunk, and heartily responded to, one of which was proposed by Mr. Moyle, viz. Wm. Pipe, Esq., of Manchester, a gentleman whos urbanity of manners and kindness of feeling endear him to those who are honoured with his acquaintance, and whose disposition to benefit the mining interest of this county in known and felt by many in this neighbourhood. About six o'clock, the worthy guest rose, and, after again [note part missing from digitized image]. [?] the kindness they evinced [?], amidst the heartfelt good [?]nds. The remainder of the [?] greatest harmony, and at an [?]arated, highly gratified with [?]
At Bilston, Staffordshire, aged 49 years, Mr. John Roberts, leaving a wife and four children. He was the inventor of the Fire Escape Hood, or the Miners' Hood, and greatly improved Davy's Safety Lamp, but he died in indigent circumstances.
Cornwall Infirmary April 9 Admitted this day three in-patients, and five out-patients. - Discharged three in-patient cured, and one ditto as improper. Two beds vacant. Vaccinated one since the last report. The days for vaccinating the poor gratuitously, are Wednesdays and Saturdays, at Ten o'clock. N.B. - As some children whose parents are not poor have been presented as fit objects for gratuitous vaccination, the public are cautioned that in future such persons will be exposed.
Crown Court, Monday, March 31, 1840 (Before Mr. Baron Rolfe). - William Lambrick, stood charged with having counselled Hannibal Johns, to steal five turkies, the property of Joseph Lyle, Esq., of the parish of Cury, and with having purchased the said turkies of the said Hannibal Johns, knowing them to have been feloniously stolen. Hannibal Johns, charged with stealing the turkies in question, was called as an evidence, and stated that he knows the prisoner; about last harvest time, prisoner asked him whether he could get half a dozen or a dozen fat ducks for him; he said he could not; in the course of further conversation, prisoner asked him what poultry Mr. Lyle had got; he told him he had seen some turkies there, and some fat ducks; saw prisoner again a little while before Christmas, when he said I have promised Mrs. Hobbs a turkey, you must go and steal one;" witness said he was afraid to go by himself; prisoner told him "John Dale would go with him, if not, he (the prisoner) would go himself with him." Witness went with Dale, and fetched a turkey from Mr. Lyle's, between eleven and twelve at night, and brought it to the prisoner's house between two and three in the morning; prisoner gave him 2s. 6d. for it, and said, "good boys, I could have done very well with two." Witness replied, you only told me to bring one, when the prisoner said, "you must steal four more against Christmas eve market," and showed him the way to tie the legs and wings of the turkies to prevent their fluttering. Witness went again, on a Wednesday night, to Mr. Lyle's farm alone, and took four turkies, tying them in the manner taught him by the prisoner and brought them away slung across his shoulder. In the way from Mr. Lyle's, he went to and fro, and across several ways to avoid being traced, in a manner laid down to him by the prisoner, and in his way met with some horses; one of which, thinking perhaps he had something in his bag for him, came towards him; witness caught the horse, threw his burden across his back, and went on, after a while mounting him himself, and riding to the house of the prisoner, where he arrived between twelve and one in the night. The prisoner was getting up, and said he heard him coming; he was let in, and the prisoner untied the turkies, put three into his penns, and one into a kieve to see how it fitted, so that he might put them all into it, and place it down in his orchard, where Mr. Lyle or his men would never find them. Prisoner gave him 7s. 6d. for them, and said he would give him some more when he had changed a GBP 5 note; he never gave him any more, but told him if he heard any thing about it, not to say a word, but come over and tell him on Thursday night. Friday being no market-day at Falmouth, he should carry them there, and they would have no suspicion against him. Witness saw the prisoner again on Friday night, when he informed him the turkies were gone to London by the packet, and Mr. Lyle might go to the devil. Cross-examined by Mr. Moody His friends told him to tell the truth to Sir R.R. Vyvyan, the magistrate; was sent here to take his trial for stealing the turkies; his friends told him that they didn't believe he would be tried; he lives three miles and a half from prisoner; met with him first by entire accident; he has friends living at St. Keverne, aunt and cousins; they keep poultry, but not turkies; prisoner never told him he would give him 4s. 6d. for them; believes Dale did not know what he had in his bag; they walked together 3 Ό miles; never asked him what he had in his bag; he and Dale know each other very well; was taken up on the Monday week after the Wednesday on which he had stolen the turkies. - John Dale, being called, corroborated the evidence of Johns respecting the first turkey, and stated that he did not know it was a turkey in Johns's bag until they came to the prisoner's house; he heard Lambrick say he wanted four more by Christmas eve market; Johns did not say whether he would get them or not. - John Lambrick, is son to the prisoner; knows Hannibal Johns; recollects Dale and Johns coming there one night in December last, with a turkey; he told his father of it, who came down stairs, and said to them, "why did you bring it now, why not in the day-time? Saw Johns there again some time after this, by night; the next day he saw three turkies running about the yard belonging to his father's house; any body could see the turkies there; there are many houses around; heard his father say to Johns he would give him 4s. 6d. for the small one, and 5s. for larger ones; this was a fair market price; they were running about the yard all that day; they were carried to market on the next day. - William Tumblyn, is hind to Mr. Lyle; in consequence of some information; went to the prisoner, and charged him with the knowledge of the affair; he at first denied all knowledge of it, and afterwards admitted purchasing such turkeys of Johns and Dale, and that he gave 4s. 6d. for one, and 5s. each for the others; said that Johns "had told him he had a flock of turkies at his aunt's and cousin's; he mistrusted they were stolen, and never paid for the last four." Witness received the first information of Johns and Dale from prisoner, and in consequence took them both into custody. - William Jones, who is a farmer in the parish of Cury, corroborated the statements made by the last witness. - Mrs. Hobbs, who is a green-grocer, residing at Falmouth, and is in the habit of purchasing large quantities of poultry for the supply of the packets, gave the prisoner an order for some turkies about a week before last Christmas, agreeably to which order he brought her four; she paid him 6s, each for them; she sent them off to London; after this Mr. Tamblyn and another person came to her respecting them; she afterwards sent for Lambrick, and said to him, I hope you have not sold me any stolen turkies; he said, "oh! No, I've brought you no stolen turkies;" is positive it was the week before Christmas. Guilty. Ten years' transportation.
The court then adjourned.
Tuesday, March 31. (Before Mr. Justice Coltman.)
John Blewett, 46, was charged with bestiality; but we cannot give a tittle of the evidence, nor even describe the offence more specifically. - Guilty. Sentence of death recorded.
William Warne, 33, a married man, of decent appearance, was charged with having committed a felonious assault on Elizabeth Symons, a child about eight years old, on Roche Down. He was found guilty of a common assault only, and sentenced to three years' hard labour.
Philip Repper, miller of Perranzabuloe, was charged with the commission of a similar offence on Mary Ann Hooper, a child of nine years old. The evidence against the prisoner was fully heard, but at its close it appeared, from the admission of the child's mother, that the prosecution had been instituted in consequence of wages being stopped in payment of a debt due to the prisoner. - Verdict, not guilty.
The above three cases occupied the Court till past seven o'clock; but the evidence, as we have said, was wholly unfit for publication.
William Trevarton, 16, was charged with having, at the parish of St. Erth, obtained money from Sampson Thomas, under false pretences. The prisoner had been in the service of Mr. John Stephens, of St. Erth, farmer, from March, 1836, to the 13th of December last; and then, leaving that employ, without his master's knowledge, he went to Mr. Sampson Thomas, a miller of Crowan, to whom Mr. Stephens had sold 30 bushels of potatoes, of which Mr. Thomas had received 11 bushels. Prisoner told Mr. Thomas that Mr. Stephens could not supply the remainder of the otatoes; and that his master desired him to say, if it was convenient, he should be glad if Mr. Thomas would send the money for what had been delivered by him (the prisoner). He told Mr. Thomas the correct sum due, GBP 1 4s., which was accordingly paid to him. - Six months' hard labour.
Second Court, Tuesday, March 31, 1840 (Before Mr. Baron Rolfe) An Extraordinary Witness Ann Webber, 24, charged with having stolen at Pelynt, one counterpane, one knife, one table cloth, and other articles, the property of Robert Williams; and Mary Jago, 55, was charged with receiving the same, knowing them to be stolen. The case for the prisoners was conducted by Mr. Slade, and it excited the greatest interest in court. - Robert Williams stated that on a certain day, the date of which we did not catch, he shut up his house and furniture. On the 21st of March, he went to the house again, and missed things which he had left there. He applied for some warrants to search the house of Oliver Belchford and Joseph Jago. Mary Jago was the wife of the other person. He searched her house in the presence of Webber, and the prisoner Webber said to him Mr. Slade Did you not promise her money? Witness No. Q. No love if she would tell you? A. No. Q. Did you hold out no promise of affection for her? A. No, I did not. What she said, she said of her own free will. The prosecutor then went on to say that the prisoner said Master, I will tell you what I took from your house. Then she begins to name the articles I am seeking for a counterpane, chamber bason, and other articles. This took place at Belchford's, where I found nothing belonging to me. I then went to Jago's and Webber accompanied me. Before we went we got the constable. Benjamin May. When we got to Jago's house, I found Mary Jago there. We searched the house. I found one knife, which I swear to by a particular mark. Mary Jago said she bought it at Devonport. We went up stairs and the first thing I saw was the night-bason. Mary Jago threw up the bed-tie, and said you see there is nothing here. The constable said he did not know that. We ripped the mattress and found a table cloth inside. It was mine. I next found a bolster, having missed an article to that effect. Am I to say what they said to me? The Judge You may say it. The prosecutor hesitated, and the Judge said Is it offensive to public decency? Prosecutor Oh no, not at all, my dear Sir (great laughter). The Judge There is no objection to your stating it then. Prosecutor We went on the next floor, and in another mattress found a counterpane which I swear was mine, which, of course, it was. On the discovery of the table-cloth in the first mattress, Mary Jago said to me - "I am done for, I am done for; hang me, hang me." She said she wished she had never seen Ann Webber, and she said to her I thought I could have trusted you. Ann Webber said to Mary Jago - "You have ruined me; I was a good maid before I saw you." Mr. Slade in cross-examination Who did she say that to? A. To Mary Jago. Q. Are you prepared to swear that this was said to Jago by Webber? A. Yes, I am. Q. How did she say it. A. Mary Jago, I wish I had never seen you; I was a good maid before I saw you, and now you have been and ruined me. Q. Now you are quite sure that those words "I was a good maid before I saw you" was said to Jago, and not to you? A. Yes. The question was repeated, and the prosecutor said, do you mean to say that I don't speak the truth. Mr. Slade, with great co[?] - I do. Q. Do you mean to say that when she said "you have ruined me" she did not mean you? A. What I say I have said. The Judge Answer the question. A. She never said to me, I was a good maid before I knew you. Q. Nothing of the sort? A. Nothing. Q. If she had said it, would it have been true? The prosecutor hesitated, but the question being repeated and pressed upon him, he said it would have been true. Q. Now having admitted that it would have been true, I ask you upon your oath, did she say that to you? A. No she did not. Q. How long have you known this poor girl? A. About a year and quarter. Q. Was there nothing more than a servant between you and her. A. She was a housekeeper. Q. Nothing more than that? A. What I have said, I have said (much laughter). Q. Was she nothing more than a housekeeper Sir? A. She was not Sir. Q. Did she never share your bed? A. You don't mean to say I went to bed with her (great laughter). The Judge censured the witness for his equivocating manner? Q. Do you mean to say that nothing more passed between you and your servant than between a mistress and her servant? A. Nothing more. Q. Then what did you mean by saying just now, that if she had said you have ruined me, that that would have been true? A. If she had said that it would not have been true. Mr. Slade here handed a paper to the witness and said is that your handwriting? The prosecutor looked at it curiously and said yes. Q. Did you ever promise her marriage? A. Never. Q. Did you ever sign a paper to that effect? A. No, Sir, - no one can ever say it, not my own wife. The Judge Don't be so zealous; you are asked if you ever signed a paper in which you promised to marry Ann Webber? A. No, never. Mr. Slade Do you ever promise that if you married another person she should have half your property? A. No, never, Sir. Q. Never? A. Never. Q. You swear that? A. I swear it. Q. You never wrote that to Webber? A. I never wrote that to no one. Mr. Slade then put all these questions to the prosecutor again, and wrote down his answer. Q. What wages had she? A. GBP 1 a year. Q. How did you pay her? A. Well, Sir, I may not have paid her all at one time. The Judge The question is, how you paid her, and answer it as you ought to do. A. I can't tell exactly (laughter). Q. When was it she left your service? A. On the 12th of July. Q. Were all your transactions ended? A. Servitude was over. Q. Did you keep up any connection with her afterwards? A. I spoke to her after that. Q. Had you any connection with her after that of any kind? A. Yes. Three months passed over when the prisoner said she had left some things behind, and I went to the house and got them for her. About a month afterwards, I had a little talk with her, and I said, I do not know why I should not employ you to clean up my furniture, as it is going to decay. I then lent Ann Webber the keys, and she returned them the same day. Q. Was that all? A. Then possibly about a month or six weeks' time I delivered the keys again to her to clean the furniture (laughter). Q. What was you to pay her for cleaning up the furniture? A. That is nothing to the purpose (laughter). The Judge Answer the question. A. I have always paid her for her services. The Judge What did you pay? A. perhaps a sixpence or a shilling. - I won't say exactly what coin I paid her (laughter). Mr. Slade Then you tell me that when she left you on the 12th of July, you had paid her her wages? A. I pays every body their honest due (laughter). Q. Had you paid all when she quitted you? A. Yes, all; I had paid all. Q. Were there any money transactions between you in October? A. Well, I don't know in October. Q. 1839, not very long ago? A. If she cleaned the furniture I always paid her (laughter). Q. That was sixpence or a shilling? A. If she dose more labour, she had according to her labour. Q. Now, in October, had she GBP 5 of you? A. Not known to me. The Judge Had she GBP 5 of you in October? A. No, my Lord Mr. Slade I will let you read that now, and then you shall answer the question. The counsel then put the memorandum again into the prosecutor's hand, and he replied No, I never gave GBP 5. Q. Is that your hand-writing? A. I never gave GBP 5. Mr. Slade Just now you said that was your hand-writing. A. I did not say that; I said it was something like it. The Judge You did not say anything of the sort, Sir; you said it was your hand-writing. Prosecutor, with the greatest effrontery Well, it is not my hand-writing; it is something like it. Mr. Slade Now, just be careful. Did you see this paper when it was put into your hand first? A. Yes, I saw it, and did not examine the writing. Q. Upon your oath did you not read the first line of it? A. I did not. Q. What made you say it was your hand-writing? A. I never said it was my writing! Mr. Slade then applied for the deposition taken before the magistrates, which bore the prosecutor's signature. Q. Now look at this, too, and see whether the two are not your hand-writing. The Judge Look at the signature to the deposition, and see whether that is your hand-writing. Is that your writing? A. No, Sir, I can't say it is my hand-writing. Neither one of them is in my hand-writing. Mr. Slade said he would leave that matter where it was, and proceeded Now, have you had any dispute with your father? Why, yes, I may have had a dispute. The Judge That is not the question. Have you had a dispute? A. Yes, of course, I have had. Mr. Slade During the year and three months that you lived with this girl, who lived in the house with you besides this young woman? A. Two men and one boy. Q. And you were not married then? A. No. Q. Had you any dispute about this young woman? A. There may have been. The Judge pressed the prosecutor to answer the question properly, and at last he replied that his father said it would be better if I got married. Mr. Slade Have you had any dispute about this young woman? A. He might have said it is better for you to get married. Q. How came he to say that then with reference to this young woman? A. He thought it would be better for me to have a wife than a housekeeper (laughter.) Q. What did you say to that? A. Well, I said I would try it one day, when I could get any one in the mind to have me (great laughter.) Q. Now, having said that about your father and this young woman, will you mean to swear that there was nothing between you and her beyond a common servant: A. I mean housekeeper. Q. Why? A. I mean to say that she had the care of all my property except my money. Q. Why did you father object to that? A. He would give me a couple of estates if I would get married. Q. Now you perfectly understand my question was there nothing between you and that young woman? A. There was nothing more than a housekeeper or servant. Q. Did you promise to give her GBP 5. A. I don't know that ever I did. Q. Could you have done it and forgotten it? A. I should have recollected it if I had. Q. Did you promise her GBP 5? A. No, I did not. Q. Did you not promise her in wrting upon a stamped bill? A. There is no writing of mine in which a person has a claim upon me. Mr. Slade here handed the memorandum already twice alluded to, to the witness, and said, on the 7th of October, 1839, did not you write that bill to her? A. Not to my knowledge. Q. Did you or did you not, aye or no, write this bill? A. I will not own that my writing that is my answer to the best of my knowledge that is not my hand-writing. The Judge It is utterly impossible but that you must know. A person could not give a paper like that and not remember it. Mr. Slade I want you positive oath, aye or no, did you write that? A. I hardly know. The Judge We must have an answer to that. Prosecutor My servants I gave them papers to carry here and there. The Judge Give him the paper. To Prosecutor read it out. Prosecutor This is not my writing, my lord. Mr. Slade Read it out loud. Prosecutor (reading) - I, Robert Williams, of Pelynt, in the county of Cornwall, do promise to pay Ann Webber the sum of GBP 5 in lawful money twelve months after date, and also GBP 5 a year after - No, my Lord, that is not my writing (great laughter). Mr. Slade Are you equally certain, Sir, that the name signed to that deposition is not yours? A. Neither of them is my writing.. Q. On your oath? A. Oh, that there on there, oh yes! (This exclamation was in reference to the deposition the signature of which the prosecutor had repeatedly denied being his before). The Judge is that your hand=writing or not? A. Yes, my Lord, it is my hand-writing. Mr. Slade Did you not swear just now that it was not your hand=writing? A. No I did not! (laughter) I did not know what you meant by signature. I only looked at that one identical paper there (pointing to the memorandum). - John Longmaid, carpenter, of Landreath, and Benjamin May, constable, of Pelynt, gave corroborative evidence as to the discovery of the things said to have been stolen, and the latter witness produced the articles which were identified by the prosecutor in a very curious manner. Robert Williams, re-called. He examined the table-cloth with great minuteness, and said he knew it to be his property for it was not quite straight, and he had observed it when it was placed on the table (laughter). The prosecutor was handing the latter article to the jury, when the knot, which was a common knot, scores of which are observable on all ordinary white counterpanes, came off. A Juryman remarked that such knots were to be found on all counterpanes. The prosecutor said it was his property, he was quite sure by the knots he had seen since she was dead. He also swore to the knife, which he said he should know among a hundred thousand.
Mr. Slade then addressed the jury for the prisoners, at first dwelling upon the circumstance of there being no evidence against Jago, and then passing on to remark upon the nature of the charge against Ann Webber, characterising the conduct of the prosecutor as that of the basest kind as that of a man who had first employed, then seduced, and then abandoned her; and now wished, in order to get rid of her, and in order to get rid of those engagements into which, for his own gratification, he had voluntarily entered, to have her sent out of the country. The Learned Gentleman spoke in the most indiguant terms of such conduct, and appealed to the jury to frustrate the prosecutor's wishes.
The Judge said that there could not be a doubt of Webber's guilt, as she had, in the presence of the other two witnesses, made the confession and acknowledged that she took the things from the prosecutor's house, and they must not, whatever they might think of the prosecutor's conduct, allow their feelings to be influenced to give a verdict of acquittal, on account of any pity they might feel for the prisoner.
The jury considered for several minutes, and found Jago Not Guilty; and the foreman thus added we are very sorry to be constrained to find a verdict of Guiltyagainst Webber, but we strongly recommend her to the merciful consideration of the Court. The Judge sentenced her to a months' hard labour.
The poor girl was much affected, and seemed to have the commisseration of every one in the Court.
Charge of Highway Robbery Seth Boswell, 27, a good-looking gypsey, was indicted for assaulting and robbing Mary Billing, and taking from her person a half-crown, and three shillings and sixpence, in silver on the 11th of March. Mary Billing examined I am the wife of John Billing, of St. Breward; he is a labourer, and keeps a small farm, and goes out with his cart. On the 11th of March, I went up into my fields; it was past eleven. I went on my farm about a quarter of a mile from by dwelling. I was driving out some sheep that had come in through the ground. Whilst I was doing that, I observed a man come over the stile. It comes from the common. When I saw him on the stile, I was about a dozen yards from him. He walked down to me, and took me by the shoulder and the sleeve of my arm, and said, "I demand you for your money." I said "I had no money, you must let me go." He then struck me on the right side of my head with a bit of a stick, and I fell insensible. I can't say whether he had the stick in his hand when he came over the stile. When I went out in the morning I had in my pocket three shillings, a sixpence, and one half-crown. I had it to send for grist to the mill. When I came to myself, I examined my pockets my gown was tore all down, and my pocket pulled from the inside of my petticoat, and the money gone. He had on a drab hat, a dark coat and waistcoat. The prisoner is the man. I saw him come down, and I looked stark at him. I saw him at the magistrates two days afterwards. He had a small bundle on his left arm. Across the common into the Launceston road would be about two and a half miles from where I was. St. Breward from Bodmin is seven miles. - Cross-examined by Mr. M. Smith I have been subject to fits. - Wm. Bate examined I reside at Blisland, the adjoining parish. On the 11th of March, I was in Bodmin, about five o'clock in the afternoon, at the Eight Bells Inn. I saw the prisoner there. There was another man with him. I heard an enquiry made what time the mail came in, as they wanted to go to Launceston that night. The prisoner had a dark coat, a drab hat, and I am sure was the person that I saw. I know the spot where the woman's husband had the farm. I should think that is two or three miles from the turnpike road. I should think that where you come out into the high road would be as much as eight or nine miles from Bodmin. Mr. C. Coode stated that when the prisoner was before the magistrates he wore a drab hat, dark blue coat, and dark waistcoat. - Edmund Bryant was then called on the part of the prisoner. Is a cattle dealer; was at Ex-Mill on the 11th of March, at half-past eight in the morning; breakfasted there; saw the prisoner there and his brother; they breakfasted there; they left about half-past nine; this place is on the old road from Launceston to Bodmin; both preli[?] of road came out at Five Lanes, near Trewint, which is three miles from Ex-Mill. - Cross-examined Lives with his father; has seen prisoner many times; he buys horses and sells them again; he had on a dark blue coat and white shag hat; they carried [?]. - Peter Heywood examined Kept an inn at Trewint, on the 11th of March; prisoner and another man came to his [?]; it was between ten and eleven in the morning; they drank one pint of beer; witness had conversation with them, and they left about eleven o'clock. The prisoner was one of the men, and he went towards Bodmin. Two roads meet about Five-lanes; my house is from Bodmin 13 ½ miles. - William Body called Kept a turnpike-gate at Palmer's Brig, two miles and a half from Trewint, on Bodmin side; remembered being at a publichouse on the 11th of March; saw the prisoner and his brother come i between ten and eleven, and corroborated Heywood's evidence; left at near eleven; is quite certain as to the time; left for his home; saw the prisoner again afterwards, on the road, three miles further on towards Bodmin, going up on the hill leading to the Jamaica Inn; last saw them near 12 o'clock. Cross-examined They were not walking very fast; brave pace, about four miles an hour; witness dines at twelve. - John Williams looks after Mr. Proctor's horses, at Jamaica inn; on the 11th of March saw the prisoner and his brother there; they came about half-past eleven. Witness corroborated the former evidence. Was harnessing for the Regulator coach; had harnessed three horses when they came. - George Roberts is servant to Mr. Lawry, farmer and miller; was sent on the 11th of March to get some turf with cart and horses; knows the prisoner and his brother; saw them on that day first coming down over Shallow-water hill; witness was a little bit on this side New Bridge, and it was then a quarter or half-past twelve; master was up there, and looked at his watch at twelve, to send me home to dinner. Witness stopped in the road to rest his horses; they came on behind the cart and rode about three miles and a half towards Bodmin. They went on to Greenboro; prisoner went in and lit his pipe there; when he came out they walked on as before; walked three miles and a half behind the cart; witness last saw them going on towards Bodmin; knows Temple; it is on the old road; knows a place called London Inn, about 200 yards from Colvannick; rode right on from London Inn; leads towards Saint Breward; Greenboro is a mile from the London Inn; was going steady with the horses; the men were coming on slow; they at last went on before me; there is a turn in the road; they went before me just past London Inn. - Peter Couch, is keeper of the London Inn, in Bodmin; remembered on the 11th of March the prisoner coming to his house something after two; had just risen from his dinner, and the servants were taking theirs. - John Lampier, is constable of Bodmin; apprehended the prisoner on the 12th of March; had with him 9 and a half sovereigns in gold, 2 shillings, and six pence.
His Lordship here addressed the Jury, and impressed on them the nature of the evidence produced; that an alibi was clearly proved; that the prisoner was seen according to the testimony of different persons who were not confederates but strangers to the prisoners; that they were seen on the road almost every half hour by different parties, and constantly proceeding further on towards Bodmin on their journey, and were accounted for from eight in the morning till past two, when they arrived at Bodmin The Jury returned a verdic of Not Guilty.
Third Court. - Tuesday, March 31 (Before Mr. Rogers)
Nicholas Uglow was charged with stealing nine fowls, the property of Thomas Blight, of St. Anthony. Wm. Kelly Rowland, constable, stated that in consequence of information he had received, he pursued the prisoner and took him into custody. When witness overtook him, he had a bag on his shoulder, which he three off; it contained the fowls in question. - John Blight proved that two of the fowls were his father's property. - Guilty. Four months' hard labour.
Edward Bawden was charged with stealing at St. Day, a pair of leather reins, the property of William Rowe. - Prosecutor is a shoemaker at Truro; and for years he has attended St. Day Market. Was there on the 14th of February, and left his horse and cart with the ostler at the Market Inn, kept by Mr. Granville. In the evening, the ostler informed him of the loss of his reins; and he borrowed a pair to drive home. - Michael Saundry is ostler at Granville's. Witness knows the prisoner, and saw him on the 14th of February in his master's pigs' year; there is a cow-house in the pigs' yard, and a conduit in it. Witness discovered the reins in the conduit. Told his master of it, who took them out, marked them, and replaced them. Witness afterwards saw the prisoner, and charged him with the theft; when prisoner gave him the reins, he said "he must have been mad when he took them." - Mr. Joseph Granville corroborated the evidence of Saundry, as did also the constable, Bawden. Mr. Granville also spoke as to the prisoner's previous character, and said he had never heard any thing against him before; and that, owing to an accident which he had received when very young, a little drink made a great impression on him. This, witness supposed, must have been the reason of his committing the present offence. - Guilty. Twenty days' hard labour.
Gabriel Maunder, was charged with stealing a sovereign, the property of George Mallett, of Penryn. - The prosecutor keeps the Golden Lion Inn, and on the morning of the 14th February he wanted to make a payment, and took some money from his pocket, and counting it, found it insufficient. He left this on the kitchen table, and went up stairs for more, but on returning found that a sovereign had been taken away. There was no one in the kitchen at the time but witness's wife and the prisoner, who then lodged in the house. Witness said there had been a sovereign taken from his money, and that the prisoner must have it, and should be searched. The prisoner said he had a sovereign, but it was his own, and had been paid him by his master but a short time before, adding that he would rather be dragged to death by wild horses, than give it up. He however showed a sovereign in the room, and when threatened with being taken before the magistrates, he said he would rather go before them give it up. Cross-examined Prisoner took his meals with prosecutor and his family. Witness's wife said at the time "You may have a mistake." Mr. Eustace, the prisoner's employer, gave him an excellent character. - Mr. W. Rowe, of Truro, also had known him for a number of years and had never known or heard of any thing against him: he had always behaved as a respectable man. Not Guilty.
Mary Bettis, was charged with stealing a gold broach, the property of her master, Mr. Peter Haywood, an innkeeper at Alternun. - From the prosecutor's evidence it appeared that owing to some illness in the family, the prisoner was requested to come into his and her mistresses bed-room to sleep for a short time. Shortly after she returned to her own room, a key was found near the foot of prosecutor's bed, which was found to fit the prisoner's box. The brooch had been previously missed, and inquiries made concerning it when the prisoner denied all knowledge of it; but it was subsequently found in her clothes box. Witness identified the broach. - Mr. Merrivale, for the prisoner, called evidence to prove that the prisoner had always been on good terms with her master, but the contrary with her mistress; that suspicious of dishonesty had been frequently thrown out against former servants, who were consequently discharged; that no constable was near when the broach was found in the prisoner's box; that the prosecutor and his wife were the only persons present at the time; and that it was not until some time after that they delivered it up to a constable. - Several witnesses gave the prisoner an excellent character, and the jury found her Not Guilty.
Elizabeth James and Mary Walker, were charged with stealing from a sailor, called Toms, a pocket-handkerchief containing six sovereigns. - The prosecutor had been paid seven sovereigns and some silver on the 21st of February last, at Malpus, near Truro, for his wages; and in the course of the evening he fell in with the prisoners, who were girls of the town, at Truro, and afterwards found that six sovereigns, which he had tied in the corner of a pocket handkerchief, had been taken from his person. He had been in no other company, and the handkerchief was afterwards found on Walker. - Guilty. - Walker, Six Months', and James Three Months' hard labour.
William Harvey was charged with stealing at West Looe, a pick-axe, the property of [?] Tarry, and a shovel, the property of Thomas May. - Joseph Pearce, lives at West Looe. Prisoner came to him on the 22nd of February, and offered a pick and shovel for sale; witness did not purchase them, but detained them thinking they had been stolen. It appeared by the prosecutor's evidence that the prisoner had been in the habit of working occasionally with them; that on the 21st of February they left the tools at their work; and these were the tools which he offered to Pearce for sale. - Prisoner had previously borne a good character; and he said he had taken the things through want. - Guilty Twenty Days' Hard Labour.
Sarah Cadwell was charged with stealing from Margaret Mitchell, a box containing various articles of wearing apparel, and GBP 3. 7s. 6d. in money. It appeared that the prisoner, who worked at Cook's Kitchen mine, near Camborne, lodged with the prosecutrix; that the box in question was missed by her; and that she charged the prisoner with stealing it. The prisoner denied the theft, but afterwards admitted it to two girls who had worked on the mine with her. She told them also what it contained, and that she had scat it open, taken the money from it, and thrown it, with the clothes, which were of little or no value, into an old shaft. This information was given to a constable, who found the box in the shaft, broken to pieces, with the contents as described. - Prisoner said she did it as the instigation of said Mary Harvey, a neighbour; and Thomas Vivian, the constable, gave her a good character. - Guilty. - Six Months' Hard Labour.
