TRIAL OF PRISONERS. NICHOLAS PEARCE, 12, was charge with having stolen
sundry pieces of copper and brass, the property of Edmund TURNER, Esq., M.P.
The facts of this case were briefly these:- On the 15th of November, a
person residing in Truro named Charles GREEN, was walking towards a
paper-mill in Kenwyn, belonging to Mr. Turner. As he approached it, he met
the prisoner coming from the direction of the mill, and on his seeing him
the prisoner got over the hedge. In consequence of the witness hearing some
chinking of copper or metal, he went into the field to see what the prisoner
was doing, and he found him with some pieces of brass and copper; on his
being asked where he got them from, he said he found them in Bosvigo wood.
Another witness, named Richard COURCHIER, proved that on a day just previous
to the robbery he was at the mill, and saw the pieces of brass and copper,
which formed part of the scales in the mill-house; and that on his return he
found the pieces had been taken away. The pieces of metal were produced and
identified as the property stolen, and the prisoner was found Guilty.
John BROCK, 31, was charged with having stolen a cotton print frock,
belonging to Hannah BOND. The prosecutrix resides at St. Columb, where she keeps a lodging house; the prisoner lodged at her house on the night of the 20th of December, and left on the following morning. Shortly afterwards, she missed the frock in question, and she immediately went to Padstow, passing the prisoner and his wife, and got the assistance of a constable, who returned with her, and met the prisoner; on being searched, he was found to have the frock in his possession. Guilty.
WILLIAM BRAY, 42, was charged with having stolen two geese and a duck, the
property of James LAWRY, of Lanivet. It appeared that Wm. MARSHALL, a
constable of Lanivet, was at St. Lawrence fair on the 1st of Nov. last.
Between 10 and 11 he came home with Thomas BASSET and Richard Lewis
MARSHALL, and they passed through the prosecutor's farm. As they proceeded,
they heard a noise as from a flock of geese, and on going near the flock he
saw a goose lying dead. He went up to it and in consequence of what he then
saw, he went to the corner of the field, and found the prisoner, whom he and
his companions at once apprehended with some of the flock on his person.
These were identified as the property of Mr. Lawry, and the prisoner was
found Guilty.
WILLIAM SIMMONS, 20, was charged with having stolen a pair of boots, the
property of Nicholas OLIVE. The evidence adduced proved that the prosecutor
was a seaman employed on board the schooner "Charles," at Devoran, in Feock.
On the 12th of October last, he had a pair of boots, which he locked up in
the forecastle, and on the 17th, when he returned, he found that the
forecastle had been broken open, and the boots taken away. The prisoner
afterwards sold a pair of boots to another seaman, named David THOMAS, of
the "Mary Ann," who kept them till he was called on by STEPHENS, constable
of Feock, when he gave them up. The boots were identified as the property
of the prosecutor and the prisoner was found Guilty.
JOSEPH RUNDLE TONKIN, 24, was found Guilty of having stolen a cotton shirt
and a shoe-brush, the property of John BARTLETT of East Looe, where he had
been lodging for four days. On the day that he left, the things were
missed, and the prisoner was followed and apprehended with the things in his
possession. Guilty.
ABRAHAM NICHOLLS, 38, and URIAH HOLLOW, 27, were charged with having stolen
a quantity of onions, the property of Henry WARREN, of Paul. Henry Warren,
examined by Mr. John. I reside at a placed called Treveneth, in Paul. On
the 27th of October last, I had 14 stacks of onions, which contained about
500 lbs each. These stacks were regularly made up by a lot of straw being
first laid on the ground, then the onions were placed on them, and they were
afterwards thatched. I saw them safe and secure on the night of the 27th,
and again saw the stacks on the following morning between five and six
o'clock. They were not in the same condition. One pile had been opened,
and about one half of it taken away. I have some onions here given to me by
Chegwin, and also from the pile that had been opened in the night. Francis
DUNGEY examined - I live at Newlyn, between Penzance and Treveneth, about
the third part of a mile from where the onions were. I remember being on
the road from my house to Penzance, about one o'clock, at night, on the 27th
of October. The prisoners were going on before me from Newlyn to Penzance,
where they lived. They had each of them a large bag of onions. I came up
to them, and said "Men, I presume you are heavy laden with onions - where
have you been this time of night with those goods?" They said "what is it
to you - keep your road." I followed them. They rested their bags several
times, and I went to a house and called Richard CHEGWIN, a constable. When
Chegwin and I came out, Chegwin called Hollow by his name, and Hollow
answered him. Hollow said that I obstructed them from going on the road,
and Chegwin said he thought it was my bounden duty to do so. When we were
both out, Chegwin left me in charge of them, whiles he went for a policeman.
They then absconded, and left the property on the hedge behind them. The
bags that were left by them were delivered to Chegwin. Mr. Chegwin was also
called, and gave corroborative evidence. Some of the onions were then
produced, and compared with those left in the disturbed pile, to which they
were precisely similar, onions differing, the prosecutor said, in almost
every field. The prisoner Hollow, who was a shrewd fellow, and would brook
no interruption from his companion, made a long defence, the purport of
which was that they were going in the morning in question to assist in
taking fish, when they found the two bags lying against a hedge. - Guilty.
JANE JAMES, 25, a prostitute, was charged with having robbed a lame, old, deaf, working man, walking with crutches, named John RATTENBURY, of 6s. 4d., his monies. The prosecutor stated that he lived at Milton Damerel, and was a sieve maker. On the 13th of December, he came down to the fair at Stratton for the purpose of making sieves. He remembered going into the house where he lodged between 11 and 12 o'clock at night, and two women
followed him and threw him down in the road, and robbed him of 6s. 4d. This
was about a quarter of a mile out of Stratton. The women were together when
they came up. When they got him down, one of them put her hands in his
pocket and took his money. The prosecutor saw the woman, and he had seen
her many times before. He told them that if they did not give him the money
again, he would have them taken up in the morning. The next morning he gave
information to GODDARD the constable, and the prisoner was apprehended by
him in bed along with another woman. Mr. BENALLACK made an extraordinary
address for the prisoner, in which, because there was no witness to
corroborate the prosecutor's evidence, he declared to God, that if he was on
the jury he would be locked up for an hour, and so he believed would his
friend Mr. John, if he were not enraged on the other side, rather than he
would find a verdict against her. He concluded, however, by saying that a
cordwainer could not make a good pair of shoes without good materials, and a
lawyer could not make out a good case without a brief (great laughter). The
jury, after a long deliberation, found the prisoner Guilty, and then a
former conviction for stealing potatoes was proved against her.
KITTING. JOSEPH HICK, 23, and John NOTWELL, 26, charged with stealing 3
tons of Copper Ore, the property of William FRANCIS and others, adventurers
in the United Mines, Gwennap. There were two counts; the first charging the
prisoners with taking and removing, and the second, with taking and
concealing; both with intent to steal. Mr. STOKES conducted the
prosecution, and Mr. HOCKIN the defence. Capt. Joseph FRANCIS, agent of the
Mines, knew the pitch which prisoner Hick took on the 8th October at 7s.,
tribute; and Notwell joined him the day after. The pitch was on the south
lode, extending from RICHARDS's winze east to HICHENs's winze, about 20
fathoms; and deep from the 130 to the 140 level, about nine fathoms.
Witness was under ground three or four times a week. Saw prisoners at work,
observed their pitch, and could see the nature of the shaft they were
working. The lode was very poor; and so it continued through the two weeks
that witness was underground captain. On the 8th of November, witness
became underground captain again; and observed a pile of ore which he
searched, and found stuff that was never broken in prisoners' pitch. He
took up some of the stones, and put them in his pocket. They were now
produced in court. He then went to the prisoners' pitch and found it very
poor; and said to prisoners your pitch is looking poor. They said it was
looking poor, so that they had a good mind to give it up at the months end.
This was on Tuesday the 9th of November. The month's end was the Saturday
before; he then took the stones out of his pocket, and handed to prisoners.
They said, they were very good stones of ore. Witness (crease in the paper
here for almost one line) the (?)reak in your pitch. Notwell said, yes
better than we have had a chance of getting. Hick said, where did you get
them from? From Roberts's pitch? Roberts's pitch is next east to theirs.
Witness said, no; I found them in your pile; in the back of the 101.
Witness then went down to the western part of their take. There were boards
at the bottom, and some attle at the top of them. The boards form the
western pass. The ores which prisoners broke in their pitch would fall down
the western pass. There at the junction of the two passes, witness found
some of their own ore, and some stones he considered they never broke in
their pitch. He then went to the eastern pass under the boards, and there
discovered 3 to 4 tons of rich ore. Witness called to Hick and Notwell to
come down; Notwell came down; Hick was within hearing. Witness desired
Notwell to look at the ore; and whether he broke that ore in his pitch, or
not. He said, he had. Witness said, if there was anything there more than
he broke he did not know who put it there. The ore at the Eastern pass, and
those he took in the Western pass, did not resemble the ores in Roberts's
pitch. Witness then came back to the top of the Western pass, where there
was a layer of attle. He found the top of the Eastern pass concealed with
attle. He removed about a foot of it, and there found ore like that he had
found below, in the bottom of the eastern and western pass. It was some
which had been removed from the east of the pass; and quite different from
what prisoners were working in their pitch. Witness then asked of prisoner
"do you intend to own this ore or not?" Hick said, "We do." Notwell said
to witness "you are talking like a person who should think we have stolen
ore." Witness said "there is a pile of ore there never broken in your
pitch. Witness told them they must stop working and go to the surface to
see what Capt. William Francis would say about it. They went up to grass.
Capt W. Francis called them to the Counting House, and shewed them the ore
from the western pass. They said they had broken in their pitch. Capt. W.
Francis next day, about 9 o'clock, went with witness to prisoners' pitch.
They both found the lode very poor. Capt. W. Francis examined the pitch;
and from the western pass into the east pass. Prisoners were there. Capt.
W. Francis took up some samples from the bottom of the Eastern pass, which
were put in a parcel. Capt. W. Francis came back, and examined the ore in
the western pass, and found some stones of ore, also put in a parcel. Both
were found at the junction. Capt. Wm. Francis came to the top of the
eastern pass, and had all the attle removed, and took a sample of ore from
there also. He then told Hick and Notwell to go and break a stone in their
own pitch, wherever they like. Hick broke a sample, about 6 feet from where
they were standing. That stone was produced in court. A sample was also
taken from a pile broken by tutworkmen in the east, four months before the
prisoners took the pitch, on the 8th October. That is No. 31. The parcels
of richer ore produced resembled each other, and were worth about GBP8 a
ton. They did not resemble that taken from the prisoners' pitch, was about
GBP4 a ton. There were about four tons of the richer ore concealed in the
eastern pass. At the bottom of the western pass, leading down to the 140,
the ores were mixed. That was where the eastern and western passes joined.
Roberts's pitch was next to prisoners'. Roberts's pair was a man and a boy.
About 50 fathoms east of the prisoners' level in the 130 level, there was a
pile about 50 tons broke by tutworkmen. The tutworkmen could not see
persons coming to that pile. The level was not straight. There were many
opportunities in which persons may have come to the tutworkmen's pile, and
taken ore. Tutworkmen work by night. Tributers work all day. Tutworkmen
were absent frequently, and were particularly so in this ground, on account
of the bad air. On the 15th November, witness went under ground to
prisoners' pitch through the 140 level upwards. Witness heard some persons
up over talking. Notwell asked "who's that? Captain Joe?" Witness said
"yes." They said "stand back," and immediately witness heard some stones
and boards, coming down. Witness got under an arch of ground. Witness then
went up to the 130 level, and found prisoners there, and asked them how they
could serve him so. They said they did not throw down any board, but they
did the stones, and if he went there again they would do the same. On the
15th they began working again, though they had been forbidden; but did not
work after that. On the 9th November, witness heard Capt. W. Francis ask
them what they were going to do about the ore broken in a former job. Hick
said Notwell had agreed to allow him a tone of ore for the old worth. On
Cross-examination, witness explained the nature of the neighbouring pitches,
and the manner in which the men were employed in them. He pointed out to
the jury the difference between the samples. The whole value of the
prisoners' ore was about GBP25. Had known a man get once GBP150 in two
months, in the United Mines. They found a good bunch of ore. Sometimes
tributers get nothing, and are in debt. Witness had known the prisoners'
pitch four years. Previous to the 8th of November, witness had not been in
the pitch for four or five days. During his fortnight, he was down in the
130 three times, and could see the nature of the ore, and the nature of
their working. Capt. John MOYLE inspected the pile of three tons, and made
an allowance on this mock. A mock is a pile that offers but small subsist.
Between the 9th and 15th of November, witness saw prisoners below, and told
them they had been denied on their pitch. They said they had a right to be
there. Witness said they had better take care, or they would be taken up on
suspicion of stealing candles, if larking about the mine. Did not suspect
the prisoners. Had not missed any of the adventurer's ores. Re-examined -
Three or four tons might be taken, without being missed. None of the
workmen in the neighbourhood could see any one in the prisoners' pitch.
Capt. Richard UREN, agent at United Mines, examined the pitch on the 4th of
October for setting. Hick had worked it before for six months. He had not
broken any rich ore. Witness minutely examined the pitch. There was no ore
left on the western side, and the eastern pass was poor. A fair tribute
would have been, perhaps, ten shillings. It was set at 7s. During the
first week, witness did not examine the pitch, because in that week, Hick
was employed in dressing and sampling the ores he had raised in the previous
take. The second week, it was witnesses turn to examine that level, and did
so on that and the following week, two or three times a week over and in
their pitch. Their lode was very poor. The ore was of just the same
description as Hick and broken for months before. The ore in the eastern
pass and in the tutwork pile in the 130, was worth GBP8. The ore in the
prisoners' was not worth 40s. Both in their present state, undressed, 74
kibbles were sent up from prisoners' pitch. In witness's belief, they broke
about 30 kibbles. Was enabled to say that, from the ground spent.
Cross-examined - About 1 3/4 kibbles of the rich ore, or about 2 1/4 of the
poorer, would weigh a ton. The best samples were taken on each side. The
ores were different in their nature and strata. They would break
differently. When witness examined for the setting, he did not try it with
a pick. It was not uncommon to find bunches of ore. Re-examined - Was
able, without using the pick, to decide the nature of the lode. On the 10th
Nov., he went down 10 feet in their pitch. They did not work lower than 3
fathoms. The lode was then poorer, than on the 4th October. Capt. William
Francis, was an adventurer and principal manager of the mines. Some weeks
previously to the 8th October, had examined the pitch. It gradually got
worse during the prisoners' take. They took it on the 8th, and witness saw
it particularly on the 26th, but not between. Had seen them working. On
the 26th, witness asked them how they were getting on. They said their
pitch was very poor. Had seen prisoners on the 8th Nov. and told them they
must do nothing more till he had examined it. On the 9th November he
examined as far as they had worked. It was a very poor lode. After
examining the place where they had been working, witness went to the western
pass, and saw among their ores several stones he believed never had been
broke in their pitch. He then came back under the boards at the pass, and
took some stones from the foot. He then came up to the eastern pass, and
discovered some very rich ore there also. Witness asked prisoners if they
intended to claim these ores. They said yes; and would show where they had
broke it. Witness told Hick to break some on the spot. Hick did so.
Witness saw at once there was a similarity in the ores. He then told
prisoner to come east on the 130, where he took several stones of ore from
a pile there. They corresponded with the rich stones taken from prisoners'
pile in the eastern pass. He then forbid the prisoners from working. The
eastern pass was not such a place as an agent would examine, witness
believed it was not possible for prisoners to break such ore as the best, in
their pitch. The greatest quantity sent to grass was from the eastern pass
- about 43 kibbles. About 31 kibbles were sent from the western pass.
Cross-examined - It is a common thing to find ores of different value in the
same mine; and sometimes in a foot or two. It was common for tributers, if
they got a good bunch to put that by itself. Re-examined - Had observed
this lode gradually getting worse. Miners would rather have exposed their
rich ore, for the purpose of getting subsist upon it. By Mr. Hockin - The
subsist is paid according to what miners are getting. One of the prisoners
is son of a mine-agent, in respectable circumstances. Mr. Hockin for the
defence, delivered a very able address to the jury; after which the learned
chairman summed up, and the jury Acquitted both the prisoners.
RICHARD HENRY MILLS, 14, charged with stealing a powder flask, the property
of William THOM, at Stratton. The prosecutor, a lad, was at Stratton fair
on the 13th of December, and had a powder flask given him by his brother.
He went into a show about ten o'clock in the evening, and while there, felt
a pull at his pocket, but did not take notice of it. The prisoner was
sitting by him. On coming out a few minutes after, he missed his powder
flask, and gave information to a constable, who secured the prisoner, who at
first denied taking the flask, but afterwards gave it up. The flask was
produced and identified. Verdict, Guilty.
SIMON JEWRY, 10, pleaded Guilty to having stolen, at Redruth, 6 Lemons, the
property of John DAWE. (We cannot help thinking that such an offence by
such a child, would have been better dealt with by a whipping.)
THOMAS MADDERN, 23, charged with stealing potatoes, the property of Simon
BOASE, of Buryan. Prisoner was a workman of prosecutor's. There was a
deficiency of proof as to the identity of the party, and the fact of any
potatoes having been taken away; and the Jury Acquitted the prisoner.
MARY WILLIAMS, 27, charged with stealing a piece of ribbon of the
prosecutor, Thomas BUDGE, of Camborne. Francis WOLFE, an assistant in Mr.
Budge's shop at Camborne, served the prisoner in the evening of the 5th of
November with net. She then asked for some ribbon, and he took out 12
lengths on the counter. She bought three-quarters of a yard, which cost 2d.
As he was about to cut off the three-quarters, he found that one length had
been taken from the counter. He immediately charged her with taking it, and
she denied it. Witness opened her cloak above the waist, and the length
dropped on the floor. She gave a false address, and was afterwards
apprehended by a policeman, who produced the ribbon in Court, which was
identified by Mr. Wolfe. Verdict, Guilty.
JOHN WHITE, 25, charged with having stolen a parcel of Old Files, the
property of the Cornish Copper Company at Hayle. Mr. SMITH conducted the
proceedings; and Mr. JOHN the defence. William JENKINS stated that he was
an agent to the Cornish Company, and saw prisoner in the Company's yard,
about 4 o'clock in the afternoon of the 6th December. Prisoner asked
witness if he had any good old files to sell. Witness replied, no; and
referred him to another agent William GILBERT. (part of line unreadable
because of a crease in paper) - .........ing, iron in the iron house, one
door of which opened on the turnpike road. Witness was weighing at that
door. There were no files at that time at the door. Witness afterwards
locked the door and left. At five o'clock, he came again for the purpose of
weighing iron, and on opening the door, he saw nine files lying about six
inches inside the door. In consequence of this, witness ordered Edward
YOUNG to go outside the door to watch, while witness and Gilbert remained
inside. After some little time, a hand was put in under the door, and he
heard Edward Young saying what are you doing there? Shortly afterwards the
hand was put in a second time, and six of the files were taken. Witness and
Gilbert pushed upon the door, and took the prisoner with the six files in
his hand. Cross-examined - Had sold iron more than once to the prisoner;
but had never sold him files. William Gilbert agent at the works confirmed
the evidence of last witness as to seizing prisoner in the act of taking the
files; adding, that when at first taken, prisoner was confused and said, tis
a bad job; tis the first time, and I will never do so again. He was then
taken back to the office. Edward Young, a labourer in the employ of the
company, was engaged on the day in question with Capt. Jenkins in weighing
iron. They were there at three o'clock; there were no files at the door
then. At five o'clock, they went there again, and on opening the door,
found 9 files inside it. Witness was placed to watch, and about a quarter
before seven he saw prisoner come to the door, and he went forth and asked
him what he wanted? Prisoner made an excuse. Prisoner was then stooping
down with his hand under the door. Witness then pretended to go to the Gas
Works for coal tar, and looking round, he saw prisoner again stooping down,
and heard the files rattle. Witness made towards him, and saw the door
pushed open, and Jenkin seized the prisoner, with the files in his hand.
Prisoner was not at the door a minute before he stooped down. Hannibal
ELLIS, cashier and book-keeper under the Cornwall Copper Company, proved
that the Company consisted of Joseph CARNE, John VIVIAN, John POOL, and
others. John POLKINGHORNE, constable of Phillack, produced the files
received by him on the 6th of December. They were identified by the witness
Jenkins. Verdict, Guilty.
The following bills have been ignored:- JANE GIPSON, 16, stealing combs,
the property of W. M. KNAPP, at Wadebridge.
MARY JANE TRY, 14, stealing articles of dress, the property of John
TRENOWETH, of Paul.
MARY ANN KINSMAN, 22, and CAROLINE ROWE, 19, stealing money from the person
of Emanuel WONNACOTT at Stratton.
ELIZABETH COLLINS, 30, stealing woods, the property of Robert LUCAS, at
Luxulyan.
WILLIAM BRAY, 15, stealing geese and ducks, from James LOWRY, at Lanivet.
JAMES PASCOE, WILLIAM PASCOE, and WALTER PASCOE, charged with assault and
robbery, at Redruth.
SECOND COURT, JANUARY 4 - Before John PAYNTER, Esq. RICHARD CONGDON, 36,
was charged with stealing two ducks, the property of Charles PEARCE, of St.
Pinnock. It appeared that the prosecutor, on Saturday, the 24th of
December, had some ducks, which he saw late in the evening, and on Sunday
morning he found two of them missing. Circumstances led him to suspect the
prisoner, and he went with a constable to his house, and charged him with
the theft, which he at first denied, but subsequently confessed, and then
directed the constable where he would find them. Guilty.
JOHN KEY, 35, pleaded Guilty to stealing two blankets, a sheet, a rug, three
pairs of trowsers, three waistcoats, a pair of drawers, and a flannel shirt,
the property of the Guardians of the St. Austell Union.
WILLIAM VENN, 19, was charged with having stolen a silver watch, the
property of Wm. Henry SLADE, of Penryn. The prosecutor had a watch in
October last, which he placed in the hands of his uncle, William Slade, a
watchmaker, at Penryn, to be repaired. On the 22nd of that month, the
watchmaker saw the watch in his shop in the morning, and in the evening he
found it missing. As the prisoner had been in the shop in the course of the
day, and had been left by himself a short time, he suspected that he had
taken it, and sent NINNIS, a constable, after him. The prisoner was
apprehended on the 24th, and brought to the shop; he was asked about the
watch, but denied having it. He was then searched, and the watch stolen was
found on his person. The prisoner asked then to be forgiven, but Mr. Slade
said it was too late, he was now in the hands of the constable. The
prisoner was defended by Mr. BENNALLACK, who threatened the constable with
an action, for having apprehended his client and damaged his character,
without having first obtained a warrant! Mr. Bennallack said the constable
should hear something more of it at the next assizes. The jury found the
prisoner Guilty.
HENRY ARTHUR, jun., 14, pleaded Guilty to having stolen two currant cakes,
the property of William QUICK, of Uny Lelant.
WM. RICHARDS, 16, and SAMUEL GOLDSWORTHY, 15, were charged with having
stolen certain quantities of brass castings, the property of John SILVESTER,
Esq., Helston, and other adventurers in Wheal Vor[?] mine, in Breage, and
THOMAS DEAM, alias, BRIXHAM TOM, alias, TOM THE BONEMAN, 56, was charge
with having received the same knowing them to have been stolen. Mr. John
and Mr. TYACKE appeared for the prosecution, and Mr. SHILSON appeared for
Richards, AND Mr. Bennallack for the other two prisoners. We shall give the
evidence in this case in our next. The jury found a verdict of Guilty.
HEROISM REWARDED. On Tuesday, the 1st of November last, a small boat
laden with sea-weed, and manned by two men named DYER and PAUL, was upset
off Penzance Battery-rocks. Dyer was soon rescued by a boat which put off,
but Paul sank. The occurrence was observed by many persons standing on the
shore, and amongst others by a poor man, a shoemaker, named Michael ROBERTS,
who instantly stripped and swam to the spot, where he dived, and after much
exertion, brought up the inanimate body, which by the usual treatment was
restored, and Paul is now alive and well. A memorial, stating the facts,
was drawn up and attested by Paul, by the surgeon (J. T. MILLETT, Esq.), by
several of the spectators, and also by the mayor, magistrates, and other
gentlemen holding public offices. This memorial was transmitted to the
Royal Humane Society, by our much respected representative, E. W. W.
PENDARVES, Esq., M.P., and was recommended with the kindness and zeal he so
invariably exerts in the case of humanity; and we cannot better give the
opinion of Roberts's courageous and gallant behaviour, and the reward
bestowed on it by this excellent institution, than by quoting the words of
the secretary's letter to Mr. PENDARVES:- "I have much satisfaction in
informing you that the committee of the Royal Humane society has awarded
Five Pounds to Michael Roberts, of Penzance, for saving the life of Benjamin
Paul, off that place. Although the pecuniary rewards conferred by this
institution are strictly and almost exclusively confined to London and its
immediate neighbourhood, the committee have, in this instance, departed from
that rule, in consideration of the singular merits of the case, which has
also influenced the board in recommending to the general court of the
society, which will assemble on the 10th of January, that the honorary
silver medallion be awarded to Roberts, in addition to the pecuniary
reward." We are sure that our readers will feel equally grateful with
ourselves to our excellent county member for his kindness and public spirit
in obtaining so distinguished a reward for so deserving and heroic an
action.
SIR CHARLES BAGOT'S SUCCESSOR. The Toronto Examiner intimates that his
Excellency's departure, on account of ill health, has been anticipated for
some time past, and that Lord Eliot, the Secretary for Ireland, is likely to
be Sir Charles's successor.
APPOINTMENT. Friday's Gazette announces that the Queen has approved of
Mr. Alfred FOX as Consul of Falmouth for his Majesty the King of Denmark.
VALUABLE PEAR TREE. At Coombe Park, near Camelford, there is now a pear
tree, with a second crop on it, of the usual size. The tree belongs to Mr.
Wm. MENHINITT, and it had a second crop about this season last year.
NEW PATENT. Among the new patents for the month of December, we perceive
that one has been granted to J. SQUIRE, engineer, Poughill, in this county,
for certain improvements in steam boilers or generators.
VALUABLE CANARY BIRD - We are informed that Mr. ELLIS, innkeeper, of
Reinhbus [?], had a canary bird sitting on Christmas day, for the fifth time
during the year.
FATAL EFFECTS OF INTOXICATION. On Saturday week, a man of the name of
Stephen MOYLE fell over the stairs of the Basset Arms Inn, Redruth, in a
state of intoxication. When taken up he was quite insensible, and his head
was so much injured as to cause his death by the Monday after. The
unfortunate man never spoke, or gave any other sign of consciousness, after
his fall.
NEWQUAY. On Saturday, the 24th ult., a board was taken up on the beach,
near Newquay, with the name "Nautilus" on it, in gilt raised letters. We
hope it belonged to some vessel which had lost it in a sea. It appeared as
if its position had been between the bow of the vessel and the head.
13 JANUARY 1843, Friday
PRESENTATION OF PLATE TO WM. REYNOLDS, ESQ. OF TREVENSON - On Tuesday
last, a large number of gentlemen from different parts of the county
assembled at Camborne, to witness the presentation of a testimonial of
esteem and regard, subscribed for by above fifteen hundred "agriculturists, miners and fishermen," to Wm. REYNOLDS, Esq., of Trevenson, the worthy and beloved steward of Lady BASSET. The place consisted of a beautifully executed silver candelabrum and epergne, with six dessert dishes and two ends. The pedestal of the candelabrum supported three figures, in their working dress, wrought in frosted silver, and representing a miner, with one hand resting on a pick and the other holding a piece of ore, and having a candle stuck on his hat, - an agriculturist, with a reaping hook resting on his arm, - and a fisherman, a "huer," on the look out with a telescope also resting on his arm. These look exceedingly well, and their positions are admirably adapted to the beautiful column of the candelabrum. On the pedestal is an inscription, setting forth some of the excellent qualities of the worthy gentleman for whom it was designed, and who, by his justice to
the tenantry, his honesty to his noble employer, and his gentlemanly, kind, and liberal bearing, has endeared himself in all by whom he is known. On the other side of the pedestal are engraved Mr. Reynolds's arms, which are also engraved on each of the dessert dishes, together with the words "presented to Wm. Reynolds, of Trevenson, Esq." The present altogether was an extremely handsome one, and must have been gratifying to the subscribers as well as to Mr. Reynolds. It weighed 380[?] ounces, and was executed by Mr. ROWE, of Falmouth. The church bells were rung at intervals during the day, and between the speeches after dinner, as well as while the company
were dining, the band played many well-executed airs. The Tow-hall was
tastily fitted up for the dinner, and plates were laid for 130, but
altogether, including the gentlemen at Tyack's hotel, as many as 180 dined.
The party assembled at Tyack's Hotel, and marched in procession from thence
to the Town Hall, headed by Mr. Reynolds and the several committees of
management. The dinner was supplied by Mr. TYACK, and it was excellent.
The chair was occupied by P. VYVYAN ROBINSON, Esq., of Nausloe, who
fulfilled its duties in a manner which called forth the applause and excited
the admiration of every one present. He was supported on his right by W.
Reynolds, Esq., and the Rev. J. W. HAWKSLEY, and on his left by the Rev. G.
TREWEEKE and J. G. REYNOLDS, Esq. The vice-chair was occupied by James
CORNISH, Esq., of Falmouth. After dinner, a number of ladies were admitted
behind the chair to witness the proceedings, and every other vacant part of
the room was crowded with gentlemen who had been unable to obtain a place at
the tables. At dinner, grace was said by the Rev. G. TREWEEKE, the rector
of Illogan, and after the dinner the Chairman proposed the usual loyal
toasts, which were drunk with hearty applause. He then gave the "Navy and
Army," which was responded to by W. H. BOND, Esq., R.N., in a brief and
appropriate speech. The Chairman then gave the health of the Rev. Mr.
Treweeke, and the clergy. In the course of the Rev. Gentleman's reply, he
said he felt that he was in the performance of his duty when he joined them
in doing honour to a man with whom he had lived for upwards of twenty years
in intimate communion, and during the whole of which period he had had
constant opportunity of witnessing his anxious zeal in promoting the
interests of all classes of society in this large and populous parish. He
had observed the integrity and high-honour with which he had invariably
performed the duties of his station (loud cheers). The Chairman, in
proposing the next toast, called upon the company to pay a tribute to all
that was great and noble in the heart of woman, by drinking to the health of
their universally distinguished neighbour and friend, Lady Basset (great
cheering). He next proposed the health of John BASSET, Esq., "The farmers'
friend, the miners' advocate, and the poor man's benefactor," (cheers). Mr.
Rowe then uncovered the plate, and the whole company welcomed its appearance
with several rounds of applause. The Chairman read the inscription, which
was as follows:- Presented January, 1843, By upwards of one thousand
Agriculturists, Miners, and Personal Friends, TO WILLIAM REYNOLDS, of
TREVENSON, Esq., As a testimonial of The esteem entertained by them for his
character; Who, for the protracted period of more than fifty years,
Encouraged and supported every Institution having for its object The welfare
of the Mining and Agricultural interests In the County of Cornwall; Who
invariably proved himself the Friend and Counsellor of the Poor; And whose
life has been marked by the steady discharge of every private and public
virtue.
The Chairman, in presenting the plate to Mr. Reynolds' highly eulogised that
gentleman's character, in a beautiful and feeling address, in the course of
which he enlarged upon his excellencies, in his public and private
relations. He concluded by giving Mr. Reynolds's health, which was drunk
with three times three and three more. Mr. Reynolds then returned thanks in
a brief and appropriate address. On first hearing that it was intended to
present him with a token of their kindness, he hesitated whether he ought to
receive it, lest it might interfere with his independence; but after
consulting an honourable friend, his scruples were removed, and the result
had been highly satisfactory to him, for he found among the numerous
subscribers to that splendid testimonial, numbering at least 1,500, persons
scattered from one end of the county to the other, and extending even into
Devonshire, - with many of whom he had never had any communication on
matters of business in the course of his life (cheers). He, therefore,
stood before them in a proud position, but he feared that he was unworthy of
the high and exalted honour they had done him. Mr. Reynolds then adverted
to his services in the Basset family for more than sixty years, and the
difficulties he had sometimes experienced in the discharge of his duty
between landlord and tenant. But he had been most extraordinary supported
in the discharge of that duty, for on the one hand he had the support of one
of the most generous and liberal landlords that ever existed, and on the
other he had a liberal and generous tenantry fully corresponding with the
admirable qualities of their lord (cheers). He then spoke of the benefits
which had arisen to all parties from the generosity of Lord De Dunstanville
and Lady Basset, in following out or aiding well-formed designs of a local
nature. Many of these, he said, had met with unexampled success, and the
result had been that the public had been benefited, and so also had his
noble employers to a most extraordinary extent. The worthy gentleman
concluded an interesting speech by a warm and hearty recognition of the
kindness of his friends and by proposing the health of the 1,500 gentlemen
who had subscribed for the testimonial (loud cheers). The Chairman then
proposed the health of the ladies, which was replied to in a speech full of
humorous allusions by Mr. BURGESS, who wound up by observing that he hoped
every lady present that was not married very soon would be, and that all of
them would be as happy with their husbands as his wife had been with him.
(roars of laughter). The Chairman next proposed the health of Mr. PENDARVES
and the other members for the county. Mr. ELLIS, of Falmouth, then gave the
health of the chairman, who, he said, was one of the heroes of Waterloo.
The Chairman having replied, the following toasts were given - "the Illogan
Committee" which was replied to by Mr. Thomas HICHENS, "the Camborne
Committee," by Mr. G. SMITH, the "Falmouth and Penryn Committee," by Mr.
CORFIELD, the "Tywardreath Committee," by Mr. Wm. PEARSE, the "Stewards," by
Mr. HUTCHINSON, the Agricultural Interest," by Mr. HARVEY, of Falmouth, the
"Secretary," Mr. E. BURGESS, the "Town and Port of Falmouth," by Mr.
CORNISH, the "Family of our worthy guest," Mr. J. G. REYNOLDS. Letters
apologizing for their absence were read from Edward SHEARM, Esq., Stratton,
Rev. Charles LYNE, J. Boughton KINGDON, Esq., of Compton Hall, J. T.
TREFFRY, Esq., Place, Thomas HOCKER, Esq., Trevales, John SILVESTER, Esq.,
of Helston, and other gentlemen.
ST. AUSTELL - At this place the inhabitants are aroused on this tax, and
have adopted the following petition to the Commons. - "that a tax on
income is in its nature so inquisitorial, and in its operation so oppressive
and unequal, that no circumstances short of actual warfare, endangering not
merely the peace of the country, but the stability of the constitution and
government, and by consequence the security of property and permanence of
the established institutions of the realm, can ever justify its imposition.
That your petitioners understand it was under an impression that this
country had from a falling off in the revenue, from disasters in India, from
an unexpected prolongation of hostilities with China, from threatened
misunderstanding with America, and somewhat doubtful relations with France,
that the present tax on income was imposed avowedly with reluctance and for
a limited period only. That the disasters in India having now been
retrieved, peace with China restored, the main grounds of difference with
America taken away, and the relations of this country with the continent
placed on a satisfactory footing, the only grounds which can properly
warrant the continuance of the tax, even for the limited period to which its
existence was originally confined, have been removed, and therefore the tax
ought forthwith to cease and determine. That in addition to the fact, that
the causes which seemed in the eyes of the government to warrant the
imposition of a tax admitted on all hands to be most odious, have ceased to
operate, the deficiency in the revenue has in a great measure been made up
by the sum to be paid by the government of China and the produce of the
Income-tax for the present year."
FALMOUTH HARBOUR - During the night of Monday or early on Tuesday morning,
the hulk of Mr. WINN(?), moored in Falmouth harbour, broke from her
moorings, and drifted to the shore opposite St. Mawes, where she now lies.
She had in her about 80 tons of coals, and is expected to be got off without
much damage. All the other vessels rode out the gales in safety.
WRECK NEAR THE LAND'S END - Early on Tuesday morning last, the schooner
"Hester," from Cork, with a cargo of pork, butter, oatmeal, &c., (naval
stores), went ashore on the beach in Whitsun Bay. The Sennen Cove coast
guard boat, in charge of Lieut POINTER, boarded her, just before she struck,
and found the crew below enjoying themselves over their grog. The sails of
the schooner were blown away, which prevented her clearing the land. Under
the superintendence of Richard PEARCE, Esq., Lloyd's agent, and Mr. D. W.
MATTHEWS, of Penzance, a portion of her cargo has been discharged and should
the weather moderate, no doubt the vessel will be got off, after the
remainder of her cargo is landed. All her rigging is gone, and she is
leaky. The crew, five in number, were saved.
FALMOUTH QUARTER SESSIONS - Held before H. MERIVALE, Esq., the Recorder.
Wm. BOWDEN was indicted for stealing from the person of Mr. Joseph Vincent
DOWNING, draper, a gold watch, on the 16th December last, Mr. GENN conducted
the prosecution, and Mr. MOORMAN the defence. The facts are as follows:-
Between five and six in the evening of the above day, Bowden called on Mr.
Downing with a brief, soliciting charity, the contents of which brief we
gave in our account of Bowden's first examination. Mr. Downing took the
brief, and told the prisoner he would enquire about him and his document,
and if he found all correct, he would relieve him next morning. Bowden had
previously observed to Mr. Downing that he wondered he did not know him, as
he came to Falmouth market every week with butter and eggs. However,
immediately Mr. Downing put the brief into his pocket, the prisoner collared
him with his right hand, and after a short scuffle, Bowden let go his hold,
and made towards the door. Mr. Downing perceiving his watch in prisoner's
left hand charged him with the robbery, and said "you rascal, give me my
watch." He paid no attention to this request and another scuffle took
place, which ended in regaining the watch, and securing the prisoner.
Martha DENNIS, an assistant to Mr. Downing, corroborated this evidence in
every particular; and although cross-examined by Mr. Moorman, nothing
contrary was elicited. Guilty - Six Months' imprisonment and hard labour.
The Recorder, in passing sentence, observed that it was owing to such
characters as the prisoner, who were constantly prowling about, first to
deceived and next to rob, that many a poor and deserving object of charity
was denied relief; in fact, by imposing up the feelings of the benevolent,
they were the means of creating a cold indifference to real want, and of
steeling the heart against an honest appeal for pecuniary assistant.
HENRY WEBBER was indicted for stealing 2d., the property of his master,
Edward GILBERT, ironmonger, on the 21st of November last. Mr. Gilbert
having good reason to suspect the honesty of the prisoner, marked several
pence the evening of the 20th of November, and placed them in the till.
Next morning, he discovered two to be missing, and on charging the prisoner
with the theft, he denied, and said he only had twopence about him, which he
had in his pocket the evening before. Mr. Gilbert desired him to produce
the two pence, and immediately identified the coin as those which he had
marked. The evidence was quite conclusive, and the prisoner made no
defence. Guilty - Two month's imprisonment and hard labour.
WILLIAM PETERS was indicted for entering the courtlage and outhouse of Mr.
William Stevens BREWER, grocer, on the night of the 5th instant, with intent
to steal. Mr. MOORMAN, who defended the prisoner, took an objection to the
form of the indictment, and said there was no statute by which the
indictment could be sustained, and that the offence was merely a trespass.
Mr. BAMFIELD replied, and after a good deal of pro. and con., the court
over-ruled the objection. It appeared from the evidence of Mary ROBINSON,
who lives opposite Brewer's back door, that on the night above stated,
whilst retiring to bed, after twelve, she heard footsteps several times
under her window, and there stop a short time, and then pass away. This
occurred so frequently, that at length, her candle having burnt out, she got
out of bed, and looked down into the street. A gas-light just above was
burning at the time. She distinctly saw a man climb over the wall, and
heard him unbar the back door. She watched his movements for some time, and
then gave an alarm, and cried out, "Mr. Brewer, someone is breaking into
your house." The man then got out, and made off. JULYAN, the town
constable, however, was soon on the premises, with a man in custody, whom
Mrs. Robinson identified as the same man she saw climb over the wall, by a
large spot of dirt on his jacket, and other appearances. This was the most
material witness, besides Julyan, from whose evidence it appeared that he
was passing near the premises the very moment Mrs. Robinson gave the alarm;
in fact he heard her, and hearing footsteps going in a certain direction, he
went another way to cut off the party, and succeeded in taking the prisoner,
after losing sight of him for a minute. When he was brought back to Mr.
Brewer's house, he at first denied being the man, but he afterwards said,
"Mr. Brewer, I hope you will forgive me this once." Whilst Julyan had
prisoner in custody, he heard something jerked away by him, and on
searching, he found a chisel. Mary Jane LAVIN was called to prove that she
had locked the outhouse door that evening. The door was in two halves, and
she locked the upper part, but there was no lock nor latch to the under; it
was very easy to be opened, as it was not confined by the upper part. This
was the case, and Mr. Moorman, on hearing the witnesses, elicited that the
courtlage was in the joint occupation of Mr. Brewer and Mrs. TRATHAN, and
that therefore, as the indictment stated the offence to have been committed
in the courtlage of Mr. Brewer alone, he submitted that it could not be
sustained. This was admitted by the Recorder, as regarded the courtlage,
but he decided that the question as to whether an entry had been made by the
prisoner into the outhouse belonging to Mr. Brewer, must go to the jury.
Mr. Moorman then addressed the jury, and contended that there was not a
shadow of evidence to prove that the prisoner entered the outhouse. The
most common accident, such as a gust of wind, would have been sufficient to
open the under door to the extent it was found. The Recorder summed up very
perspicuously, and the jury returned a verdict of not guilty. The prisoner
appeared highly pleased at this announcement, but the same moment he was
arrested by the constable on a charge of robbery 12 years ago, preferred by
My HENDY, of Ladock. The change to the prisoner's features was rapid and
striking, - one moment there was a transient ray of joy; the other a look of
astonishment and despair, which he vainly endeavoured to suppress.
PENZANCE QUARTER SESSIONS - Monday last, was the day fixed for holding
these Sessions, and the Recorder, Magistrates, Juries &c., attended. The
Court having been opened, John ROSCORLA, Esq., moved to have an appeal
entered and respited against an order made by his worship the mayor, and
Joseph CARNE, Esq., for the removal of John WARREN from Penzance to Stoke
Dameral. The mayor, (Richard PEARCE, Esq.) then addressed the Recorder and
Court in a neat speech, congratulating them on the state of the town and on
the fact there was not a single prisoner for trial, which he felt sure was
an agreeable announcement to all present. His Worship concluded his address
by presenting to the Recorder a pair of gloves, emblematical of the state of
the borough. The Recorder thought it would be a waste of time to swear the
jury, and congratulated the town on hearing the report of the mayor. After
thanking the gentlemen of the grand and petty juries for their attendance,
the Court rose, and the Recorder, Magistrates, and Town Council proceeded to
the residence of the Mayor.
ST AUSTELL PETTY SESSIONS - At these sessions, held on Tuesday last, there
were seven cases of assault from Mevagissey. Two men, named Henry HARRIS
and James LULY, were charged with having assaulted a married woman, and were
fined GBP3 each, and GBP1. 7s. 6d. expenses. In another case, Thomas HARRIS
was charged with having assaulted Josiah DUAN [Dunn?], and was fined 10s.
and expenses.
FALMOUTH - On Tuesday lst, four young men were summoned before J. FOX,
Esq., Mayor, and John HILL, Esq., one of the Magistrates of Falmouth, for an
assault on Frazer DUCKHAM, one of the apprentices at the Falmouth Packet
newspaper office. It appeared that the complainant had frequently neglected
his work, and had been threatened with a "cobbing" from his fellow
apprentices if he did not do his part, and on Friday last they put their
threat into operation, considering they had a right to do it. The bench
could not help finding the defendants 1s. each and costs, for the assault.
The new mayor of Falmouth, J. FOX, Esq., has given the two mace bearers new
cloaks, of a far better description than usual, and they have their hats
much more abundantly covered with wide gold lace. We understand the Mayor's
dinner to the Recorder and Council was on an exceedingly profuse scale, and
did credit to the host and hostess. Although they belong to the society of
friends, there was nothing wanting to support the dignity of the feast or
the office of mayor.
TRURO POLICE - On Monday last, Francis RICHARDS, landlord of the Blue
Anchor Inn, appeared before the Magistrates for assaulting HARE, a
policeman, and was fined GBP3 and costs.
DARING BURGLARY - On Wednesday night, the 4th instant, the offices
adjoining the residence of PRESTON WALLIS, Esq., solicitor of Bodmin, were
broken into through the roof, and an entrance effected by cutting down
through the plastering. The thieves then broke the drawers to pieces, and
stole about GBP25 in cash, and other property of the value of GBP4, with
which they managed to make off. As two men of bad character, named John
HILL and John HALL, had only the day before been liberated from the gaol,
suspicion immediately fell upon them, and upon enquiry being made it was
ascertained that one or both of them had said to a fellow prisoner that if
they were again brought there it should be for something worth while. On
being liberated, they watched their opportunity, which was very soon
afforded them, as Bodmin is now without any lights, and broke into a
carpenter's shop, where they stole some chisels and other things useful to
housebreakers; they then went to a quarry and stole a bar and pick, and with
all these instruments they contrived to do their work. They left the
instruments behind them. Among the things stolen was a Bank of Elegance
note of GBP50. A pursuit was made, and information sent to every part of
the county; and we are glad to be able to add that on Friday one of the men
was apprehended at Millbrook, near Devonport, and on Monday the other man
was taken at Probus. There can be no doubt of their being the burglars, as
they had been at Devonport and bought new clothes, for which they tendered
in exchange a Bank of Elegance not for GBP50. This was refused and the men
accounted for the possession of that and their other money by saying that
they were smugglers; and they left their old garments with the shopkeeper of
whom they purchased new ones. The prisoners have been committed to the
assizes for trial.
SCILLY - On Sunday, the 8th instant, during a heavy gale from N. N. W.,
the "Providence," Coast Guard cutter, parted from her moorings in St. Mary's
pool, and drove on the rocks and filled. The extent of her damage is not
yet known, as she does not dry with the present neap-tide.
CORNWALL EPIPHANY SESSIONS - Second Court, January 4. Before John
PAYNTER, Esq. Receiving Stolen Goods - William RICHARDS, 16, and Samuel
GOLDSWORTHY, 15, were charged with having stolen certain quantities of brass
castings, the property of John SILVESTER, Esq., Helston, and other
adventurers in Wheal Vor mine, in Breage, and Thomas DEAM alias BRIXHAM TOM,
alias Tom the Boneman, 56, was charged with having received the same known
them to have been stolen. Mr. JOHN and Mr. TYACKE appeared for the
prosecution, and Mr. SHILSON appeared for Richards, and Mr. BENNALLACK for
the other two prisoners. Mr. John stated the facts of the case as they will
be found in the evidence. The eldest prisoner, he said, was a dealer in
marine stores, at Helston, and if it were not for persons of his description
the boys would not have been induced to commit the crime. He well knew that
the brass was stolen, and he gave for that which was worth 8d. only 4d. per
lb. Mr. John dwelt upon the circumstances that the adventurers of Wheal Vor
were desirous of sparing the boys because they believed that they had been
led into the commission of the crime; at the same time it was necessary that
the crime should be brought home to them in order to convict the receiver.
John Gilbert, examined - Was an engineer and worked at Wheal Vor; the brass
and other castings are made on the mine; remembered seeing a quantity of
brass on Saturday, the 19th of November; at the time he left the shop in the
evening there was some brass on the bench. On the following morning when he
came by the house he saw that the shutter was open. He went and informed
Thomas RICHARDS, the son of Capt. Richards, and brother to one of the
prisoners. On Monday morning they examined what brass was gone. They found
a brass valve, a gudgeon brass, and two rollers wanting. Thomas Richards,
examined - Was an engineer at Wheal Vor, and worked in the shop. Remembered
leaving the shop on the 19th of November, about seven in the evening. Some
days before that he saw a brass valve there. When he left he locked the
door, and saw that the shop was fastened up. In consequence of information
that he received on Sunday morning, he went to the shop, and found the
window half open. He fastened it. There were two doors in the shop. The
next day they examined the shop, to see what brass was gone, and they found
several brasses missing among which were the articles mentioned by the last
witness. Wm. JEFFREY, examined - I live near Wheal Vor, and know the
prisoners Richards and Goldsworthy. They live near me; they have been my
companions, and I know them very well. I remember the Sunday before Truro
fair, in the month of November. I know the fitting up shop of Wheal Vor
mine. I was at that shop on the Sunday morning. Richards and Goldsworthy
were with me; we were there at four o'clock in the morning; it was dark; on
going there we forced open the shutter, and Richards went in. The door was
locked, and the windows were fastened. The staple came out by pulling it,
and I knew that the shutter was opened. Richards opened the door, and then
Goldsworthy went in; they went up stairs together; they came down again, and
after they came out I and Richards went in. They brought out two square
pieces of brass with them. I and Richards went in afterwards and brought
out a brass valve. We did not take any thing more on that occasion. We
took two pieces with us, and left one on Chynoweth's hedge. We took
Richards's father's horse, and went to Helston with them. That which was
put on the hedge was a brass valve. For the other two we received 9s. at
4d. per lb. We went to Helston with them to Thomas Deam's. I knew him
before; he calls himself Brixham Tom, and is generally known by that name,
and also by that of Tom the Boneman. We were all together on Sunday
morning. We had slept at Wolfe's boiler house on the mine, and had agreed
to go there in the morning. We also agreed to go to Truro fair the next
day. The brass was put on the horse in an old jacket. Richards rode the
best part of the way, and I got up behind him. We arrived at Brixham Tom's
about five in the morning. Richards halloed, and we were answered by Tom.
We had been there before - the three of us, more than once; he knew us all.
He came to us; we went in. Tom the Boneman opened the door for us, and when
we got in he locked it, and then weighed the brass. I am not exactly sure
what he told us the weight was, but he was to give 4d. a pound, and he said
it was 9s. Something was said about the other brass that we had left
behind. He asked when we were coming again, and we said we had a piece to
bring in the evening. He kept back a shilling or two of the money in the
morning; he said he had not got it, and that he would rightee when we came
again in the evening. It was arranged that we should come in the evening
with the other piece. We stopped about an hour. During that time his wife
came down and made some cakes for us, and we remained and had our breakfast.
He told us if we were found out, not to say any thing about him. He told us
that in the morning. In the evening we took the valve in. We delivered it
to Tom the Boneman; he weighed it, and gave us 7s. or 8s. in the whole with
what he owed us before. We never went to Truro fair. I know a man named
PENHALL; we saw him at the Boneman's on Sunday evening; he was not there
above a minute or two before we went up to PENELIGGON's beer shop. I have
seen Tom the Boneman put brass upon the fire, and after it was hot, try to
break it.
Cross-examined by Mr. Shilson - I was examined before the magistrates; was
brought up to the count-house, and went from the count-house to Helston, and
there I have been living every since; I was kept there because no one should
have anything to sat to me about it; I worked in service for Mr. JACKA.
They said if I confessed the truth I should be better off. By Mr. John -
Tom the Boneman said when he bought the brass that he always broke it small
before he put it away. William Penhall examined - I remember a few weeks
ago being at Deam's house on a Sunday evening, about six or seven weeks ago;
whilst I was there the two younger prisoners and Jeffery came; they went out
again when they saw me. Richard CHAPPEL examined - I am constable of
Helston. I know the prisoners; apprehended Goldsworthy; before he was
examined by the Magistrates he told me that he had sold to Tom the Boneman
some bones, and he asked me to get some stuff; I asked him what sort, and he
said taking a piece out of his pocket, "like this." Goldsworthy said he
went and got something like that, and so he had gone on from little to much
till he had got him to that pass. Before Deam was examined before the
magistrates he acknowledged that what Goldsworthy had said was true. Deam
said to me in the presence of another prisoner named MANUEL, that he should
like the right horse to have the right saddle, and he made use of other
words which appeared to me to mean, that he and the boys were rightly
charged. I don't recollect exactly the words that he used. Something was
said about brass, and Tom the Boneman said he bought the brass of the other
two prisoners. The statement was made by Goldsworthy; I also heard Richards
say he brought the same. Mr. Thomas Phillips TYACKE proved that Mr.
SILVESTER was one of the adventurers in Wheal Vor mine. The depositions
were put in, and in that of Deam the prisoner had stated "all I have to say
is that I have bought the brass and paid for it; somethings what the boys
has said is true, and some is untrue." Mr. Shilson addressed the jury on
behalf of Richards, and Mr. Bennallack on behalf of the other two prisoners.
The Court then summed up, and the jury found all the prisoners Guilty, Six
Months' Hard Labour. Thomas Deam, for receiving the goods, Ten Years
Transportation. The Court expressed its determination to punish severely
this class of offence; receivers of stolen goods being the great encouragers
of crime.
Richards and Goldsworthy were again indicted for a similar offence, and
William Manuel, 22 of Helston, was charged with having received the brass,
knowing it to have been stolen. In this case the evidence was not
conclusive against the prisoners, and a verdict of Not Guilty was returned.
THURSDAY, JANUARY 5 - Before J. K. LETHBRIDGE, Esq. Philip WINNECOTT, 28,
pleaded Guilty of having stolen, at Bodmin, three tooth-drawing instruments,
the property of John WARD, Esq. - Three Months' Hard Labour.
CURIOUS CHAIN OF CIRCUMSTANTIAL EVIDENCE - John TRENOWETH, 33, charged
with stealing 20 fleeces of wool, the property of Richard VERCOE, a
wool-stapler of Bodmin. Mr. JOHN conducted the prosecution; and Mr. STOKES
the defence. The prisoner had been in the employ of the prosecutor for some
years previous to September, when he went into the service of Mr. OLIVER at
the Hotel. The prosecutor stated that he carried on business in
Back-street, in premises adjoining his residence. There was one entrance to
his work shop from his residence, and another from Oliver's backyard. On
the 15th of December, prosecutor had about 15 cwt of fleeces in his
wareroom, which he had got at different places. It had not been washed.
Some of it was marked with ruddle[?]; and there were different coloured
soils about the fleeces. On Saturday, the 17th, witness found the pile of
fleeces much diminished. These fleeces were kept in a large room up stairs.
The premises consisted of two comb shops and a wash house on the ground
floor; and the ware room up stairs. A person by getting into the wash house
might get into the upstairs room. There was no entrance to the ware room
from stairs outside; and also inside from the wash house. The prisoner was
now employed as a labourer on farm work, and had nothing to do with wool.
When prisoner lived with witness, he had two keys belonging to the outer
door, one of which prisoner was occasioned to have over night when he wanted
to go to the premises early in the morning. This key witness had missed for
a considerable time. On the morning of Saturday the 17th, witness examined
the premises, and noticed that a person had climbed over the back door. The
outer door of the store room did not appear to have been opened. The key of
the back kitchen and the key of the yard door, witness found in prisoner's
dresser at his dwelling, on the road leading to Helland Bridge. When the
constable took out the large key, witness said, "That is the key of our yard
door." Prisoner said, "yes, it is." The key had been lost about 12 months.
When prisoner was apprehended, he said he had received the wool from a
brother-in-law at Helland. On his being asked who his brother-in-law was,
he said his brother-in-law had left and gone to America in June or July.
Some time after, prisoner said he had had the wool about five weeks, and had
purchased it of a man in Prior's Barn Lane. The wool was brought into
Bodmin on the following Monday by Mr. NICHOLLS. (The wool was not produced,
and witness stated it agreed with what he had in his pile.)
Cross-Examined. - Prisoner had been in his employ about 11 years, and did
not leave for any bad conduct. The number of fleeces in the pile was about
200. Did not know who was the last person in the ware room on the Thursday
the 13th of December. Could not tell at what time of the day he himself was
last in the room. Did not look particularly at the pile on the Thursday.
Did not see it again till the Saturday morning. The pile was then reduced
considerably. Should think about 70 or 80 fleeces were gone. Witness had
four men in his employ, one of whom was steadily employed in the ware room.
Other persons may have bought wool similar to that now produced in court.
When wool staplers buy wool of a farmer, they generally buy all his flock.
Each farmer has usually his own particular mark. Would not swear to the
wool produced, further than that he verily believed it to be the same,
because it looked much like it. When prisoner was asked how he came to give
two accounts of his coming by the wool, he said he got one lot at one place,
and another lot at another place. Witness's back premises adjoined Mr.
Oliver's. A van and carts from the Temperance Hotel, and a gig belonging to
the surveyor of taxes, were allowed to be kept there.
Re-Examined - Witness's men, in his employ, have no access to the
premises, except when working there by day. Prisoner gave three different
accounts of his coming by the wool. He did not say that he had purchased
three lots. Only Mr. Bray, Mr. Oliver, and witness had a right to the back
entrance of his premises. Benjamin CRABB was in the employ of prosecutor.
On the 13th of December, he worked in his master's comb shop. Prisoner came
there, and after asking to see John CHAPMAN, who was not there, he went out
by the back door. On Thursday, the 17th, witness saw prisoner on the
premises about seven in the evening. He then stayed about three quarters of
an hour, and came into the comb shop. The prisoner went away by the back
way. That was not a public thoroughfare. Witness produced a quantity of
wool, which he had just fetched from Mr. Vercoe's store room. That wool was
in the store room on the Thursday night referred to. Witness had no doubt
that the fleeces now produced, as taken from the prisoner, were taken from
Mr. Vercoe's pile. Cross-Examined - Witness locked up the premises when
he left on the Thursday night. Neither Mr. nor Mrs. Vercoe was there then.
The workmen are sometimes on the premises when Mr. and Mrs. Vercoe are not
there. Mrs. Vercoe, wife of prosecutor, worked a good deal of the wool
herself in the fleece room. On Thursday, the [?] of December, she was
there, and left around four and five o'clock in the evening. On Friday
morning she was the first to see the pile. She had taken particular notice
of the pile on the Thursday evening; and was the last to leave the room;
though she did not lock it up. On the Thursday evening, there were several
fleeces loose in front of the pile. On Friday morning, those loose fleeces
were gone. She did not see any difference in the pile itself. The fleeces
now produced were much like those in front of and in the pile. Had no doubt
the wool belonged to her husband. There may have been a cwt. or more taken
from the loose fleeces. Cross-Examined - Did not think the pile had been
touched. No one could swear to a fleece of wool. Never knew of the
prisoner being called HARRIS. He always went by the name of Trenoweth. His
mother's maiden name was Harris.
Richard COLLINS had resided at Lostwithiel for many years. On the 17th of
December, he was at the King's Arms there, and saw prisoner there, sitting
by the fire, opposite Mr. Nicholls. Witness came in and spoke to prisoner,
and he immediately rose up and passing by witness, touched him by the coat.
Witness thought he had something to say, and followed him out of the room.
Prisoner said to him, "Collins, don't you let him (Nicholls) know who I am."
Prisoner then left and witness saw no more of him afterwards. William
LAPHAM, carrier between Bodmin and Lostwithiel, stated that prisoner came to
him about 6 o'clock on the morning of Friday, the 16th of December, and said
he had put two bags of wool in the van, in the street, which he wished
witness to carry to Lostwithiel, and deliver at the public-house lately
occupied by George VINCENT, and not to carry them where he had carried a lot
before. Witness had carried wool for prisoner in October. The two bags
appeared to contain wool. Witness delivered the bags at the house named by
prisoner. It was then occupied by Mr. Stevens. Joseph STEVENS, landlord of
the Town Arms, Lostwithiel, on the 16th of December, received two bags of
wool from Lapham. On the following day, witness delivered up the bags to
prisoner in the evening. The bags were similar to those produced in Court.
Prisoner took away the bags, and on coming back with the empty bags, he
desired witness not to tell Mr. Nicholls who he was. Robert Nicholls, a
wool dealer, living at Lostwithiel, first saw prisoner at witness's house in
October. Witness bought some wool of him. He said his name was Harris.
Witness saw him again on the 17th December, about seven o'clock in the
evening. Prisoner asked witness what he was giving for wool. Witness said
if the wool was good he could give 7d. Witness asked him his name and where
he lived. He said he lived at Warleggen, and that his name was Harris.
Witness told him he considered Warleggen wool not worth the money, as it was
a rough country for wool. Prisoner told witness he might depend the wool
was very good. Witness then said, if the wool was found good, he would give
7d.; but it was late, and an inconvenient time, and he would rather not
weigh it that evening. Prisoner said, "I hope you will; for you may depend
it is hard times with little farmers to pay rates and taxes." Prisoner then
went away and brought back two bags of wool. They appeared to be two malt
packs. On turning out the wool, witness complained of a fleece or two; and
prisoner told him he had put a fleece or two in a coal bag. Witness then
weighed the wool. It was 129 lbs., and came to GBP3. 15s. 3d. Witness
asked him to change a GBP5 note. Prisoner said he could not; for he had not
got a shilling in his pocket; it was bad times with small farmers. On
turning out the wool, witness found the wool was not all of one flock, and
again asked prisoner where he got it. He said he and two others had it at
half-crease; and that he lived about a mile from Warleggan church-town.
Witness and prisoner then went to the King's Arms, to change the note. It
was about 20 fleeces witness bought of prisoner. Witness afterwards
delivered it to the constable Hawken. Witness had seen Mr. Vercoe's heap,
and had no doubt what he bought of prisoner came from that pile. Witness
never before purchased in so small a quantity so large a variety of wool.
Cross-Examined - The wool was sold at a fair price. Nicholas HAWKEN,
constable of Bodmin, on Monday the 19th of December, examined the
prosecutor's premises, and found that some person had climbed over the door
leading into the back way. There was glass taken out of the wash-house
window, so that a man might have been through into the wash-house, and
thence into the fleece-room. It would require that a person should have
some knowledge of the premises to find his way about at night. On the
Sunday night, witness went to prisoner's house with Mr. Vercoe, and found
six sacks. Two were tied together and had wool about and in them. They
were malt sacks, and had the name of Mr. OLIVER marked on them. In the
dresser, witness found two keys, referred to by the witness Vercoe. Grace
HAMLEY, lived as servant with prosecutor's mother. The courtlage of Mrs.
Vercoe's house is bounded on one side by prosecutor's work shop. One of the
doors, and two windows of prosecutor's comb shop opened into Mrs. Vercoe's
courtlage. On Thursday evening the 15th December, about half-past eight,
witness bolted the door which led from her mistress's courtlage into
Oliver's yard. On the following morning she found the door unbarred. In
the window of the comb shop, two panes of glass had been taken out of the
window, leaving a space large enough for a man to go through. The
prisoner's examination before the magistrates was then put in. In it he
stated that he bought the wool in Prior's Barn lane of a man who said it was
grown in Warleggen and Cardynham. It was 19 fleeces, and weighed 128 lbs.,
and he (prisoner) gave 5 1/2 d. per lb. This was about five weeks since.
On Thursday, the 15th December, he went to Mr. Vercoe's comb shop, and asked
him what he was giving for wool. Mr. Vercoe said he was giving 5d. and 6d.
Prisoner did not sell it, for he thought he could get more at Lostwithiel.
Prisoner understood afterwards that they were giving 7d., and he sent the
wool by Lapham to Lostwithiel, where he sold it to Mr. Nicholls. Mr. stokes
address the jury for the prisoner. - Verdict Guilty. Six Months' Hard
Labour, with One Month Solitary. In sentencing this prisoner, the Chairman
said; "In your case, the hand of providence has been most clearly
manifested; for a more complete chain of circumstance to bring home
conviction, I scarcely ever remember. You were pursuing your crimes, when
in due time suspicion fell upon you, and eventually conviction. Had not
this been your first conviction, we should have sent you abroad."
JOHN BENNETTS, 29, charged with stealing pork, the property of John YELLAND.
The prosecutor and prisoner are both butchers attending St. Austell market,
where it appears, it is customary for the butchers, after the Friday's
market, to put any meat remaining on hand in a room belonging to the corn
market, until the following day's market. On the 2nd of December,
prosecutor had two pieces of pork in this room, one of which was found
missing on the following morning. Some suspicion attached to the prisoner;
though it was shown that all the butchers and other persons had access to
the place where the unsold meat was kept. It appeared also that almost the
only evidence against the prisoner was an expression construed as an
admission of guilt, made use of by him to the constable WILLIAMS, another
butcher at St. Austell, after his apprehension. But, on cross-examination,
the constable stated he was uncertain whether on being charged with the
offence, the prisoner said "I don't mean about this," or "I don't deny about
this." An excellent character was given of the prisoner by Mr. George
ANDREW, of St. Mawes, and Mr. George YELLAND, of St. Stephens. It was shown
that the witness Williams and the prisoner had quarrelled about their
business as butchers. The jury stated that the two pieces of pork brought
in prove the property did not match and they returned a verdict of
Acquittal. In summing up the evidence, the Chairman made some strong
observations on the impropriety of constables, attending Sessions, allowing
the business on which they attend to be made the subject of pot-house
conversation.
SINGULAR CIRCUMSTANCE - Mary Jane THOMAS, 19, was charged with stealing a
pair of stockings and other articles of dress, the property of Charles
FOARD, miller, of Crowan. When the Grand Jury returned the bill in this
case, they deemed it proper to send into Court attached to the bill, a pair
of white stockings, which they had, under the peculiar circumstances of the
case, taken from the custody of the constable. Hannah FOARD, wife of the
prosecutor, stated that the prisoner was in her employ, to clean the house,
on the 21st of December and two following days. She left on Friday the
23rd, and Mrs. Foard, after seeing her dimity pocket on the prisoner's
person, and vainly endeavouring to get it back again at the prisoner's
dwelling, proceeded with a constable thither on the following Wednesday.
The constable searched the house, and in the prisoner's bedroom up stairs,
put his hand into a hole in the ceiling, and took out a pair of stockings,
which Mrs. Foard identified, by marks and darns, as her property. These
stockings, Mrs. Foard stated most positively, were put into the constable's
custody, at the examination before the magistrate, but the stockings
presented by the constable before the Grand Jury, and again exhibited in
Court, Mrs. Foard as positively swore were not her property. The constable,
Thos. SIMMONS, after relating the circumstances of the search, stated that
the stockings found by him in the ceiling were identified by Mrs Foard as
her property, and given into his custody before the magistrate, and had been
in his possession from that time till he gave them up before the Grand Jury.
On the stockings being produced in Court, the constable positively swore
they were the same as delivered to him; while Mrs. Foard as positively swore
to the contrary, adding that her stockings, found in the ceiling, were sewn
like those now produced, but had a little rip in the heel, which was wanting
in these. The constable being questioned by the bench as to his care of the
stockings, said that when he received them before the magistrate, Mr.
PASCOE, of St. Hilary, it was about four o'clock in the afternoon. He
thence went to Penzance to Mr. ROSCORLA, with the depositions, and was in
but one house, where he waited for the van, and had one glass of beer. He
had the stockings all the while in his breast pocket. It was nearly ten
o'clock when he got back to his home. He then put the stockings into a
drawer, which he locked, and kept the key in his own pocket; and no one
living had access to the drawer but himself. The Chairman, after these
strange contradictory statements, and the failure of proof as to the
identity of the property, directed a verdict of Acquittal.
W. BERRYMAN, 19, J. BERRYMAN, 18, M. LAWRY, 20, J. HOOPER, 37, and J.
JEFFERY, 35, were charged with having violently assaulted and beaten Edward
ENNOR, in the parish of St. Agnes. Mr. HOCKIN for the prosecution, Mr.
BENNALLACK for the defence. The prosecutor was a gamekeeper in the employ
of Messrs DAVEY, of Redruth, for the manors of Tywarnhayle and Mithian, in
St. Agnes and Perranzabuloe. The prisoners lived in the neighbourhood. On
the evening of the 5th of December, the prosecutor and 13 men had been
employed in putting up a steam apparatus for steaming turnips, and in the
evening of that day, they all went to the Chiverton Arms, kept by Wm.
CHYNOWETH. Here they saw the five defendants, and two other men with them.
Soon after Ennor and his party entered, the defendant Jeffery said "There's
that d----d old Ennor---that d----d old informer," and offered to fight him.
Ennor did not then speak to him, but went with his party into another room.
Jeffery kept up the same discourse; till the landlord coming in to Ennor's
party, Ennor told him if he did not keep Jeffery quiet, he should leave. It
was then quiet for some time. The landlord then came, and invited Ennor's
party to go into the kitchen with the other party, by the fire, promising to
keep quiet. Ennor's party then went into the kitchen. After a short time,
Jeffery began again, and put his fist in Ennor's face, challenging him to a
fight. After they had been there some time, and had spent 6d. a piece in
beer, Ennor's party left about ten o'clock. Six of them, belonging to
Gwennap, parted from the others at the door. The remaining eight proceeded
on the St. Agnes road, but had not proceeded above two minutes' travel,
before the other party, mostly stripped to the skin, followed, and commenced
a very violent assault on Ennor and his party. Ennor himself being the
chief object of attack. He was knocked down twice or thrice, kicked, cut
with stones about the head and eyes; and for a while, lay senseless. For
some time, however, it being dark, Ennor being near the hedge, could not be
seen by his assailants, or, the witnesses believe, the assault would have
been even more violent, and the consequences more serious than they were.
The assailants, after searching for Ennor some time up and down the road,
and at length, it was supposed, believing him to have gone on, proceeded
towards St. Agnes, and Ennor was led back to the public-house, by Richard
HAWKE, one of his party. The details of the assault were described at great
length in the examinations and cross-examination of the witnesses, Richard
Hawke, Esau HUNT, and Wm. CHENOWETH, the landlord, after which Mr.
Bennallack addressed the Jury for the defendants, and the learned Chairman
summed up. The jury shortly found all the defendants Guilty. - Six Weeks'
Imprisonment.
SECOND COURT, JANUARY 5. before John PAYNTER, Esq. Alexander GRIGG was
charged with having stolen a tub [?], the property of the adventurers in
South Wheal Basset, on the 20th of July last. It appeared that the prisoner
was in employ at the mine, and from some suspicious circumstances he was
taken into custody and his house searched, when the tub was found there in a
kind of kitchen, under some [for..?], and the prisoner then said that he was
very sorry that he had stolen it. Guilty, Two Month's hard Labour.
JOHN OATES, 23, was indicted for having, on the 13th of November, stolen a
silk shawl and a piece of silk, the property of Jane EDDY. The prosecutrix
resides at the Coach and Horses, Truro, and the prisoner came to the house
and stayed there eight days; he left on the Wednesday, and she found her
shawl missing on the Friday. Catherine GLASSON, niece of Mr. TUCKER, of the
Lamb Inn, Truro, said that the prisoner came there on the 17th of November,
and when he left she followed him to demand payment for Mr. Tucker, of 14s.;
the prisoner said he would go to his lodgings for it and the prisoner
delivered her a parcel containing a shawl. Elizabeth Tucker, wife of Mr.
Tucker, of the Lamb Inn, received a shawl from the last witness, which she
gave to the policeman. William WOOLCOCK, the policeman, produced the shawl,
which prosecutrix identified as her property. Guilty. Two Months' Hard
Labour.
JOHN CARNE was charged with having stolen a fustian coat, the property of
Thomas WARNE, servant to Mr. SOBEY, of Menheniot. On the 2nd instant, the
prosecutor left his coat in the stable, on the 3rd he found another in the
place of it, and on the 4th he saw his coat on the prisoner's back, and now
identified it. Had the coat found in the stable, which he now produced.
Joseph BRYANT, constable of Lanreath, stated that on Wednesday he took the
prisoner into his charge, the prosecutor having previously described his
coat and its buttons. - Guilty. One Week's Imprisonment.
The Same Prisoner was again charged with having stolen a gelding, a saddle
and a sheep-shears, the property of John SOBEY. The prosecutor stated that
he resides at Menheniot; went into his stable on the 2nd of January and saw
his horse there together with his saddle and bridle; next saw them with the
constable of Lanreath, along with a pair of shears which was also his
property. Charles WILCOX lives at Duloe; saw the prisoner on the 2nd of
January with a horse; and asked him where he got it from; he said he had got
it from Capt. CLYMO. Witness followed him three miles to Lanreath where he
gave him into the hands of a constable; prisoner always said it was Capt.
Clymo's. Clymo came and said it was none of his or his brother's. Joseph
BRYANT, the constable, was then called, and gave evidence in corroboration
of that of last witness. - Guilty. Ten Year's Transportation.
ANN JOHNS, alias Ann MURLEY, 17, was found Guilty of having stolen a box[?],
from the shop of John TREVICE, of Phillack. The prisoner was recommended to
mercy. - Four Months' Hard Labour.
WILLIAM CHENOWETH, 18, was charged with having stolen a pair of boots and a
pair of shoes, the property of Richard HILL. The prosecutor resides at
Falmouth, and lodged with his sister, where the prisoner also lodged.
Prosecutor had had the shoes left with him to stretch, and [sh..?] some
boots; he left his shop on the 24th ult., having locked the door and hung
the key up at his sister's; on the following Wednesday he again went to the
shop, and found the articles missing. He directed Thomas DAVEY, a policeman
of Truro, to apprehend the prisoner. Davey stated that he apprehended
prisoner on the 29th of Dec.; he was wearing the shoes at the time. The
prisoner, in his defence, stated that prosecutor had given him the shoes.
Guilty. A former conviction against the prisoner was then put in and
proved. Seven Years' Transportation.
ANANIAS JOHN HOLME VEAL, 39, was charged with having stolen, at Fowey, 13
gallons of wheat, the property of Benjamin HICKS, 13 gallons of wheat, the
property of Benjamin HICKS. The prosecutor had a quantity of wheat in his
barn, some of which, on the night of the 3rd of December last, was stolen.
The ground in the immediate neighbourhood was scrutinized, and at last some
footsteps of a man and donkey, with occasional grains of wheat, were
discovered and these being traced, led to the prisoner's home. A search
warrant was at once obtained, and a quantity of wheat of the same character
and about 13 gallons, was found in his house, for the possession of which he
could give no satisfactory account. Guilty - Twelve Months' Hard Labour.
ESTHER MOYLE, a widow was charged with having stolen a pair of shoes, the
property of John COLENSO. The prosecutor is a shoemaker, residing in
Redruth, and his wife and daughter keep a standing in the market. On the
29th of October they were in the market, when the prisoner and several other
women came up to the stall, and made enquiries as to the prices of some
shoes. While Mrs. Colenso was attending the other women, her daughter saw
the prisoner secrete some shoes; and after she had left the stall she was
followed and stopped by Mrs. Colenso and charged with the theft. She at
once denied it, but Mrs. Colenso pushed aside her gown and found a pair of
shoes hanging to her arm. The daughter then said there was another pair,
and put her hand into the prisoner's pocket hole, where she found the other
pair. Mr. BENNALLACK appeared for the prisoner, and ventured to ask the
younger witness a question or two, but she at once told him, by a knowing
wink of her eye, that she was not to be cowed, and Mr. JOHN cautioned him
that he had better take care. Mr. Bennallack appeared to think so too, and
dealt gently with the maiden. At the close of the case, it appeared that
since the poor prisoner had been in goal, her husband had had a fall on his
head and was killed, and she has been left a widow with seven children. She
was found Guilty, but the prosecutor strongly recommended her to mercy. - A
Fortnight's Hard Labour.
SAMUEL COBB, 22, and MATTHEW GARRATT, 20, two sailors, were charged with
having stolen a goose, the property of Wm. GENDELL, a farmer, of St. Mary's,
Scilly. It appeared that the prosecutor had three geese on the 24th of last
month, and the two prisoners, who were connected with two vessels now lying
at the islands under repair, being desirous of having a Christmas dinner
that should remind them of their good old fare, sallied out to a pond, and
gave chase to the geese, one of which they captured. The prosecutor stated
very decidedly that it was much against his will and his wish that the
prisoners were prosecuted, but Mr. Augustus SMITH, the King of Scilly,
happened to be on the island, and he would hear of no forgiveness. The case
was partly proved - by such proof as it was - by another sailor named Wm.
STIDDEFORD, a Scilly man, who, however, was looked upon as being as bad as
either of the prisoners. The jury found both Guilty, and they were
sentenced to a Fortnight's Imprisonment.
GROSS ASSAULT - William MENHENIOT, 24, Simon ROBERTS, 20, & Philip RICHARDS,
35, were charged with having fired a gun at Capt. Davies TREBILCOCK, on the
3rd of December, last, with intent unlawfully, maliciously, and feloniously
to do him some bodily harm. Mr. JOHN prosecuted, and Mr. STOKES appeared
for the prisoners; Mr. John stated the case, as it will be found in
evidence. Capt Davies Trebilcock, examined - I reside at St. Day, in
Gwennap. I remember, on the 3rd of December, proceeding from Helston to
Gwennap in Harris's omnibus. There was a public-house, named Farmer's Arms,
on Farmer's common; I passed that house in the omnibus; abut 500 yards from
the house I passed some persons on the road towards Redruth. There were
four men; the prisoners are three of them, and the fourth, a man named
JENKINS, has not been found. When I first saw these men, all had guns; and
they were going the same road as the omnibus, and wanted to get in, but were
refused. After a little time I heard the report of a gun close to the
omnibus, and at the back of it. The omnibus went on, and soon after I heard
another report. That was about 30 feet behind the omnibus. It caused great
alarm. There were eight persons in the omnibus. In consequence of the two
reports, HARRIS, the driver, stopped, and came to the back part of the
omnibus where there is a door, and said to us that he was afraid to go on -
he would not go on this way. However the omnibus went on again till it came
to the village of Barrows; it was necessary to stop there and take off the
drag. These men arrived there as soon as we did. We went down the hill
pretty brisk, and then I and the other male passengers got out. When I
first came out, I saw two men engaged taking a gun from Jenkin. I went on
about five or six yards and passed these men, and went up to the head of the
horse. Capt. BRAY, a fellow passenger, was there with the prisoner
Richards. Richards was holding his gun with one hand, and Bray had hold of
one end of the barrel. Richards swore that the gun was loaded, and said I
will put the contents of it in your body. I went up as quickly as I could
go, with a stick and the stick left a mark on his head; it was cut. After
that, the gun was left in the hands of Bray. All this time Menheniot was
standing a very few yards from where I struck Richards over the head,
[.....?] as stationed as if on guard. There was an order[?] given by
Menheniot to fire. "Fire, fire," he said distinctly. Menheniot was
standing about nine or ten yards from me at the time. He fired,
unfortunately for me, and I shall be marked as long as I live. My eye was
closed for four days, and then it was pulled open. I was in bed a
fortnight, and was poulticed and lanced, and was in a sad state. I have a
hole in my face, and something hard went in which I feel now[?] It does not
heal - it keeps [m.ti..ing?]. When I was hit, a magistrate, Mr. Stephen
DAVEY, came to me with Menheniot, and I said that he was the man. I should
have known him if he had been in his underground clothing. I still feel the
effects of the injuries. Meheniot was afterwards committed, but made his
escape and could not be found. All these people were following up the
omnibus. Menheniot discharged one gun, and Roberts and Richards, each
another. Jenkin came along on the steps of the omnibus. He insisted that
they would ride. They had been drinking, but were not drunk. In his
cross-examination, the prosecutor doubted whether he could swear to any of
the others but Menheniot. Captain Walter Bray and Thomas Harris were
subsequently examined, and they corroborated the evidence of the prosecutor,
and distinctly identified the other two prisoners. Mr. Stokes having
addressed the Court for the prisoners, the jury returned a verdict of
Guilty. - Six Months' Imprisonment.
FRIDAY, JANUARY 6. - HENRY ARTHUR, 14, stealing two currant cakes. To be
Once Privately Whipped.
SIMON JEWREY, 10[?], stealing lemons. - One Week's Imprisonment, and once
Privately Whipped.
NICHOLAS PEARCE, 12, stealing pieces of [...tal]?. - To be Once Privately
Whipped.
W. SIMMONS, 20[?], stealing a pair of boots. - One Month's Hard Labor.
RICHARD CONGDON, [..?], stealing two ducks. - Six Weeks' Hard Labor.
JOSEPH R. TONKIN, 24, stealing a shirt and shoe brush - Tow Months' Hard
Labour.
JOHN BROCK, 31[?] stealing a cotton frock. - Two Months' Hard Labor.
JOHN WHITE, 25, stealing old files[?]. - Two Months' Hard Labor.
ABRAHAM NICHOLLS, 38, and URIAH HOLLOW, 27, stealing onions. - Three Months'
Hard Labour.
RICHARD H. MILLS, 14, stealing a power flask. - Three Months' Hard Labor.
WILLIAM VENN, 19, stealing a silver watch. - Six Months' Hard Labor.
(This prisoner, the chairman observed, had committed the felony on the
prosecutor, at the very time that he was employed by him out of charity.)
WILLIAM BRAY, 42, stealing geese and ducks. - Six Months' Hard Labor.
JOHN KEY, 33, stealing wearing apparel. - Six Months' Hard Labor, with One
Fortnight Solitary.
APPEALS. - St. Agnes, appellant; Mr. SHILSON and Mr. HOCKIN. Illogan,
respondent; Mr. JOHN and Mr. SMITH. An order for the removal of Thomas
LETCHER, wife, and family, quashed on a preliminary objection, with common
costs.
Phillack, appellant; Mr. HOCKIN and Mr. COLLINS. Germoe, respondent; Mr.
SHILSON. An order for the removal of Eliza DAVEY and two children,
confirmed with common costs, subject to a case.
PENRYN, appellant; Mr. SMITH and Mr. WILLIAMS. St. Stephens in Branwell,
respondent; Mr. SHILSON and Mr. HOCKIN. An order for the removal of Samuel
SEIDGEMORE and wife, quashed, subject to a case.
Warbstow, appellant; Mr. SHILSON and Mr. PATTISON. St. Stephens by Saltash,
respondent; Mr. HOCKIN and Mr. JOHN. An order for the removal of
Elizabeth DAVEY and family, quashed with common costs.
Stoke Damarel, appellant; Mr. SHILSON and Mr. BEER. Sheviock, respondent,
Mr. JOHN. An order for the removal of John TREVIDDICK, quashed, with common
costs.
SECOND COURT, Friday, January 6. ASSAULT AND RIOT - John MAYNE, Henry
COUMBE, Nicholas WILTON, Arthur CHAPMAN, James and Edward COUMBE, and Robert
COLLINS, of Northill, William STRIKE, of South Petherwin, Richard STACEY, of
Lewannick, and William Kneebone WOOD, of Linkinhorne, were charged on an
indictment containing seven counts, with having assaulted and obstructed
John DAVEY, Joseph MOON, and John TURNER, three bailiffs, while executing a
distress on the goods of one Joseph PHILLIPS, in the parish of Linkinhorne,
and with having also assaulted John Davey. Mr. STOKES and Mr. PETERS
appeared for the prosecution and Mr. JOHN and Mr. MORGAN for the defence of
all the prisoners. Mr. Stokes stated the case for the prosecution. The
prosecutors in this case were Mr. Benjamin Hart LYNE, of Liskeard, a
respectable solicitor, Mr. George BROWNE, a barrister, and Mr. Richard BATE
of this county, a conveyancer, and also a very respectable person. The
defendants were all in a humble station in life, laborers for the most part,
with the exception of Wood, who is a tailor. The first count charged that a
person of the name of Joseph PHILLIPS was [tenant?] of some premises in
Linkinhorne, called Rillaton [......?] Westcot, to the prosecutors, and that
he had been such tenant for a considerable time, and was so at Michaelmas
last, that the rent due up to Michaelmas-day from Phillips to those
gentlemen was GBP195. Upon that the prosecutors authorised a distress to be
levied in the ordinary way. They delivered their warrant, the count stated
to persons of the name of DAVEY, MOON and TURNER, who were employed to levy
the distress; that they attempted to distrain, but that the defendants, the
whole of them, and others unknown conspired together to prevent the
distress, and in pursuit of their conspiracy, following it up, they
riotously assembled, and made a disturbance for a length of time to prevent
the distress. The second count alleged that Phillips was in fact the
tenant, and held of LYNE, BROWNE, and BATE, to whom he owed GBP195, that a
distraint was put in, and that the defendants assaulted the bailiffs and
rescued the distress. The other counts varied the charge. The learned
gentleman then went on to state the case, and as it occupied the court eight
hours in the hearing, we shall take his statement in order to give our
readers an outline of the transaction. As he had stated, Mr. Lyne, Mr.
Browne, and Mr. Bate were the landlords of these premises. They were what
was called mortgagees in possession, and had been so for a long time.
Phillips had become their tenant, and had recognised them as his landlords;
he had been distrained upon by them, and had done numbers of acts which
could not leave a doubt that he was their tenant. The premises were the
property of a Mr. FOOTE, who had left this country, and had gone to
Australia. Before he left he mortgaged the property to these gentlemen, and
he also executed a power of attorney by which he authorised a Mr. LANE to do
whatever was necessary in his absence. Now this gentleman had always acted
by virtue of this power of attorney, in conjunction with the mortgagees, and
they were acting in concert in the matter, Mr. Lane representing Mr. Foote,
and the mortgagees acting for themselves. When the mortgage was effected,
or shortly after, Phillips, the tenant of these premise, became tenant of
the mortgagees, the mortgagees having taken possession of the premises, when
the tenant was bound to pay them his rent. But whether bound or not it
would not affect this case, for he signed a document by which he became
tenant of those three gentlemen. Rent became in arrear - distresses were
levied by the mortgagees, and Phillips permitted the distress to be sold.
He continually recognised them as his landlords. Rent became in arrear
again at last Michaelmas, and these gentlemen authorised the plaintiffs to
distrain, and by them a regular warrant of distress was executed in the
ordinary way. The bailiffs proceeded to levy this distress on the 29th of
September; - they went to Westcot - there they saw certain goods which they
pounded; - they then proceeded to another part of the same premises called
Rillaton, where the tenant, Mrs. Phillips resided, and there they went in to
complete the distress. They did not for a moment suppose, that in those
acts of theirs they would meet with any resistance at all; but they had
observed at an inn in the parish of Linkinhorne, a great number of men,
among whom they subsequently recognised the defendants, and those men were
at this early hour assembled there for some purpose. They were raising
their spirits by drinking milk punch - a very pretty beverage for rioters to
drink in the morning. After the distress had been levied at the barn at
Westcot, the bailiffs proceeded to Rillaton to levy the distress there.
They soon found that they were followed by this great body of men. The
defendants inquired what the bailiffs were doing, and very violent language
was used by them. At length Mr. Lane, who was present, he having gone to
see whether a good distress could be levied, finding himself followed about
the premises by this gang of men, became alarmed, and he proceeded to
Liskeard to acquaint Mr. Lyne of the circumstances. Mr. Lane then obtained
the assistance of a constable and some other persons, and again went over to
Linkinhorne, where he joined the bailiffs. Mr. Lane, at midnight,
accompanied the bailiffs, the constable, and the other persons to the barn,
where they heard a great number of men carousing; the barn was lighted up,
and these defendants were having a glorious midnight revel. Mr. Lane
insisted upon coming in; he got the door open, and he and his party entered,
and turned the other party out of the barn, where they were keeping
possession for Mrs. Phillips. An altercation between the parties took place
- both sides being armed with sticks and clubs - and while Mr. Lane was
standing at the door of the barn, a stone was thrown at him, which struck
him in the eye, and he was immediately led off severely wounded. The
defendants were, however, compelled to leave the premises, and the
mortgagees obtained possession.
In support of his statements, Mr. Stokes called several witnesses, from
whose examination it plainly appeared that the tenant had been holding
possession of the premises in defiance of the mortgagees, who, although they
seized his property on the 29th of September, had only been able to put
their hands on goods worth about GBP2 for a debt of GBP195. They had
previously put in a distress for GBP200, on the 30th of August, when they
got property to the amount of about GBP10. It also appeared that the tenant
was quite as desirous of retaining possession as the mortgagees were to get
him out, and that, although Mr. Lane was very nearly assaulted by a stone
thrown by one of the party, yet the other prosecutors were not at all
damaged, they having by far the larger force, - or at least a force better
armed, the constable himself having a brace of pistols to assist him. It
was proved that in the course of turning the defendants out of the barn,
Mayne had aimed a blow at the head of Dawe the constable, with a large
hammer, which fortunately Dawe warded off, and the hammer was taken out of
Mayne's possession. After the whole of the evidence had been gone through,
Mr. John made an admirable address to the jury on behalf of the defendants,
in which he denounced the conduct of the mortgagees, and expressed it as his
opinion that the defendants would have been fully justified if they had
acted ten times worse than they did. The Chairman then summed up, and the
jury, after several hours deliberation, found a verdict of Guilty of a
common assault, against Mayne, and acquitted all the defendants. The Court
sentenced Mayne to Two Months' Imprisonment.
WILLIAM HOOPER, 78 and WILLIAM DAWE, 23, were indicted for having on the
24th of August last, made an assault on Ebsworthy[?] TATSON. Mr. MORGAN
appeared for the prosecution, and Mr. PETER for the defence. The prosecutor
stated that he lived at Launceston, and was a sheriff's officer. On the
24th of August last, he was in possession of some goods belonging to Hooper,
under a warrant. Whilst in possession he took a watch that he found hanging
up in the bed room; Mrs. DAWE was in the room; he put it in his pocket and
went down stairs; there were women down stairs, who said they would tell the
men about it; he went into the field, and before he had time to say anything
about it, Dawe said, "d--- your eyes, you -----, I will kill you." He was
going to tell them, but before he could tell not half his story, Dawe seized
him, they had a tussel, and fell. Prosecutor got up again; as soon as he
got up Hooper came up to him with a rake in his hand, and swore he would
kill him. Dawe seized him again, and Hooper assisted him. They threw him
on the ground, and Hooper lay on his head while Dawe picked his pocket of
the watch. Dawe was quiet after that, but Hooper still followed,
threatening him.
Cross-examined - Had been in possession nine or ten weeks before his
happened. Did not think that the levy was GBP20; had seized two horses and
a donkey previously to taking his watch, 12 geese, 9 ducks, 4 acres of wheat
3 acres of barley, 6 acres of oats, two of turnips, two of potatoes, half an
acre of cabbage plants, about two tons of hay, ---ment of the implements
first of all, - but the defendants took them thing by thing; told Mr.
Under Sheriff that a horse was stolen, and witness had suspicions that Mr.
Hooper rode it off. There were also two carts seized. When he went
up-stairs to take the watch he did not know that any person was in the room.
He might have said that when he came to the sessions if he had known that he
would have to pay the expenses of this prosecution he would not have
instituted it. Another witness was called to corroborate these statements
after which the prosecutor was called upon to produce his warrant of
distress, which he had omitted to bring, and the Court at once stopped the
case, which appeared to have excited the indignation of every one in court.
SATURDAY, JANUARY 7 - RUNDLE and TAYLOR, v. the Poor Rates of St. Austell.
Mr. BRIDGEMAN and Mr. STOKES for appellants, Mr. SHILSON and Mr. SMITH, for
respondents. This was an appeal by the Adventurers in the Charlestown
United Mines, in the manor of Tewington, held by them as lessees under Henry
CREASE, Esq., the Duchy Lessee. The appeal was against the poor rate levied
on the toll of tin raised by the Adventurers. The appellants sought, in the
first place, to amend the rate by striking out their names altogether, on
the ground that they were not occupiers of toll tin at all, or, not such
occupiers as the statute and the cases would make viable to be rated. The
appellants next sought to reduce the rate from GBP1,400 gross value, or
GBP1,200 rateable value, at which the toll tin was assess in 1839, to
GBP592. 3s. 5d. the amount of dues paid in the year 1842. Evidence was gone
into and arguments heard at considerable length; and the Bench finally
confirmed the rate, but reduced the gross value to GBP900; the rateable
value being GBP771. 8s. 7d. The rate itself GBP25. 14s. 4d. The Court
granted a case for the Court of Queen's Bench.
BODMIN - appellant; Mr. JOHN and Mr. J. B. COLLINS. Perranzabuloe,
respondent; Mr. HOCKIN and Mr. SHILSON. - This was an appeal against an
order for the removal of Catherine Cocking, widow. A previous order had
been made on behalf of Perranzabuloe, which was appealed against, and the
order was quashed for informality. A second order was made, and it was
contended on the part of the respondents, that they were not entered into;
but that they were at liberty to show by parole evidence that the order had
been quashed for informality. The Court, however, after hearing Mr. John
for the appellants, refused to allow such evidence to be given, and quashed
the order, subject to a case.
20 JANUARY 1843, Friday
FOWEY. The gale of Friday morning last, was very severe in Fowey harbour;
all the vessels drifted more or less, but they did not sustain much damage.
Several boats were sunk and considerable injured.
CAMELFORD. The north coast is covered with wreck, the effects of last
Friday's hurricane. A vessel was seen in distress off Port Isaac, when six
resolute young men ventured to her in a boat, and took out the crew,
consisting of six men and a boy, but could not return to Port Isaac and were
driven into Bossiney haven, in the parish of Tintagel, where they were
capsized, and the boat knocked to atoms, but their lives were saved.
Nothing more was seen of the vessel, which was laden with culm, and is
supposed to have sunk soon after.
On Sunday last, Mr. HAMLEY held an inquest on two bodies washed in by the
sea, supposed to be from a galliot wrecked of St. Gennys; and on Monday a
well-dressed female was taken up with a child in her arms, supposed to be
from the same vessel.
A vessel of large size was seen drifting on Sunday in a disabled state, and
on Sunday afternoon she was driven by the tide very near Boscastle Quay,
when the sea being very rough, drove her against the rocks, and knocked her
into pieces. There was no one on board of her, so that whether the crew are
drowned or taken by another vessel is not ascertained. Only a small part of
the cargo is saved, under the direction of T. R. AVERY, Esq., consisting of
hides, rice, cotton wool, and dye wood. There was a quantity of sugar,
which dissolved, as every thing was in the water, the hull having been
beaten into small pieces. This vessel turns out to be the "Jessie Logan" of
London, and from the cargo, is supposed to be from the East Indies; the
owners are not yet known.
Considerable damage is done to various buildings, and very few have escaped.
A barn belonging to Mr. ROWE, of Camelford, was thrown over, roof and walls,
though built only a few years since. Jetwell House, near this place, has
sustained more than GBP20 worth of damage, and several churches were so torn
that there was no service in this last Sunday.
ENORMOUS RAT. Mr. W. GUNDRY, of Hayle, lately returned from Cuba, has
brought with him a fauna[?] [...?] known there as the mountain rat. Though
only 10 months old, and little more than half grown, it measures 2feet 1 1/2
inches from the nose to the end of the tail, the tail being six inches long,
and nearly an inch in thickness at the larger end. The body is 17 inches in
circumference, and stands 10 1/2 inches high. It is perfectly harmless,
follows its owner like a dog, and has learnt many antic gambols.
IMPORTANT TO PARENTS. It should be generally known that the practice
adopted by clergyman, when they baptize children, of inserting the date of
the birth of a child, is quite illegal. All they are required to do is to
insert the day on which the child was baptized; and any other entry is not
admissible as evidence in court of law. There have been repeated decisions
by the most eminent of our judges, that the certificate from the Church
Registry only goes to show that the ceremony of Baptism has been performed,
and is no evidence of the day of birth. The new system of the registration
of births obviates any difficult on that point.
TRURO POLICE. On Monday last, Joseph ARTHUR, labourer, and Thomas
PHILLIPS, painter of Truro, were charged with assaulting Samuel LEWIS,
upholsterer of Truro; Arthur was fined GBP2, with costs, and Phillips was
fined 6d., with costs. On Wednesday, Elizabeth BELL of Truro, was charged
with robbing Francis HILLIER, of Wheal Busy, Kenwyn, of a crown piece, but
for want of proper evidence the case was dismissed, with the prosecutor
paying the costs. The same day, Nathaniel BUCKINGHAM, labourer, of Truro,
was charged with smashing and threatening the life of his mother, and was
bound over to keep the peace. For want of sureties, he was committed to the
house of correction until the next sessions.
FALMOUTH POLICE. On Monday last, Peter MEDLINE[?] blacksmith, was charged
with creating a disturbance, near the Fish-strand, the previous Saturday
night, and with assaulting a woman called PASMORE. Peters was fined 5s. and
expenses. (definitely says Peters! Must mean Medline?).
ROBBERY. William PETERS, who was taken into custody on a charge of
robbery, preferred by Mr. HENDY of Gunwalloe, on Wednesday last, immediately
upon his acquittal at the Falmouth Sessions on a charge of entering the
premises of Mr. BREWER with intent to steal, has been liberated, after
having been examined before Sir C. LEMON, on Friday last. The robbery with
which he was charged was committed twelve years since, and consisted of bank
notes. Mr. Hendy recovered the notes soon after the robbery, but Mrs.
CORNISH, who kept the Duke of Kent public-house at Falmouth at the time, and
who charged some of the notes, could not swear to the prisoner. The chain
of evidence was consequently broken, and Peters had another narrow escape.
DARING BURGLARY. On Sunday evening last, between the hours of six and
eight o'clock, the shop and premises of Mr. Geo. BILSON, grocer and draper,
St. Columb, were broken into whilst all the family were at chapel, and cash
to the amount of GBP2 in pence, 6 pair of stays, 1 bolt of calico, 8 pairs
of stockings, 2 pieces of flannel, and various other articles were stolen.
Suspicion having fallen on two girls, of the name of LIDDICOAT, alias
GREGOR, of low character, a warrant was obtained from the Rev. E. DIX to
search the premises of a woman of the name of SCANTLEBURY, where these girls
were known to resort, and where some of the property was found. Too much
praise cannot be bestowed on Mr. John BURROW, a constable of that town,
through whose exertions all the property was recovered. The two girls, with
the woman Scantlebury, was taken before the same magistrate, the Rev. E.
DIX, and committed to take their trial at the ensuing assizes.
ROBBERIES AT ST. AUSTELL. Last week, a young man named SMITH, of St.
Mewan, was committed, charged with stealing a quantity of leather from his
late employer at Holmbush, in St. Austell; and on the following day, a man
named BULLEN, from St. Stephens in Branwell was committed for stealing a
chamber brush from the shop of Mr. NICHOLLS, tinman, &c., St. Austell.
THE LATE WRECK OF THE "HESTER". We are happy to find that the cargo of
the "Hester" has been safely conveyed to Penzance, at a lost of some 3 per
cent. in quantity. This speaks well for that class of men who a few years
ago used to be stigmatized by the approbitious[?] name of Cornish wreckers,
and is highly to the credit of the parties who have of late directed the
operations of salvage in the far west.
ST. JUST IN PENWITH. On Friday last, during the heavy gale, a young man,
named Hugh WOOLCOCK, left his residence in Boscaswell, about four o'clock in
the afternoon, and has not since been heard of. On Saturday, search was
made in several shafts in the neighbourhood, but without success, and it has
been since thought that he must have been drowned in trying to secure some
timber which was being washed ashore, as some apparel was found on the shore
on Sunday resembling the clothes he wore when he left home.
ANOTHER CHILD BURNT. On Monday last, as a little boy, about four years of
age, son of Wm. MICHELL, residing at Beacon, in the parish of Camborne, was
near the fire, a spark ignited his clothes, by which means he was so
dreadfully burnt that he died on the following day.
CORONERS' INQUESTS. The following inquests have been held before J.
CARLYON, Esq., coroner, since our last publication:- On Tuesday last, at
Redruth, on the body of Mr. Cyres PENROSE, aged 39 years, late purser and
agent at the United Hills mine, who was found dead in his bed the preceding
day. He had retired to bed the night before, rather unwell, and not rising
at his usual time, his friends entered his room, and discovered his death.
He appears to have died without a struggle, and when discovered must have
been dead several hours. Verdict. Visitation of God.
The same day, at Tregony, on the body of Matthew MICHAEL, aged 65 years, who
committed suicide on Monday last, by hanging himself to a beam in his
bed-room. The deceased resided in a house by himself, and gained a
livelihood principally by making mates and brooms. Although it appeared
that he was possessed of between GBP69 and GBP70 in money, the evidence went
to show, that for the last twelve months he had been in a low desponding
state of mine, and fancied that he should outlive his little property, and
come to want. For three weeks prior to his death, he had scarcely left his
bed, except on Sundays, when he was in the habit of going to church and
chapel. Verdict. Temporary Insanity.
On Tuesday last, an inquest was hold before W. HICHENS, Esq., coroner, in
the parish of Breage, on the body of William JEWELL, aged 3 years, who
caught his clothes on fire, on the 13th instant, and died from burns and
fright on the following day. Verdict - Accidental death.
SCILLY. On Friday, the 13th instant, about 5 a.m., during one of the most
terrific gales from the N. W., ever remembered in the Islands, the brig
"Emma," PERCIVAL, master, from Liverpool, with a general cargo for Leghorn,
parted from her anchors in St. Mary's roads, and drove ashore on the rocks
near the Creek on St. Mary's and soon after filled, crew saved. The gale
[chated?] only on Saturday night, after raging with scarcely any
intermission for 40 hours, during which the roofs of very many houses have
suffered severely. The "Emma" still holds together, but is much shattered;
and on Sunday, 17 bales of merchandise were landed in a damaged state.
Should the weather prove favourable, the remainder of the cargo, consisting
of bale goods, and about 70 tons of iron, will no doubt be saved. We are
happy to find the Seven Stones light-ship, about which much anxiety has been
manifested, has rode out the storm, her lights having been visible on Sunday
night.
"NICK-A-NAN-NIGHT." To the Editor of the West Briton. Sir, - I regret
very much that I have so long lost sight of that number of the West Briton
in which Mr. J. COUCH requested some particulars from your Newport
correspondent regarding the resemblance which I thought existed betwixt the
"Mari Lwyd" of Wales, and the "Nick-a-nan-Night" of Cornwall. In conversing
with a lady from Cornwall, a few days since, upon the subject, she informed
me that she had seen a similar exhibition in St. Just. If this be the case,
no doubt Mr. Couch will not fail to enquire into the circumstance.
The following observations may, perhaps, help Mr. C. to arrive at the
conclusion I have reached, viz., that the Mari Lwyd and the Nick-a-nan-night
have a common origin. The Mari Lwyd is one of the sports called sacred or
religious, introduced under the highest papal authority in the middle ages.
The name of the custom sufficiently and unanswerably indicates its popish
origin, Mari Lwyd, or "Y fari Lwyd," literally meaning "the blessed Mary."
It is a curious fact that the ancient Britons used terms signifying colour,
to indicate a certain states of happiness or misery - thus, Duw Gwyn, i.e.
white God, meaning the blessed God; Gwynfyd, i.e., white world, meaning
happiness; and there is one instance in the writings of an old bard, wherein
God is called Duw Lwyd, literally grey God, meaning the venerable God. The
Mari, or Mary, Lwyd, is an ambulant drama, and a distorted remnant of some
old Christmas mystery of the nativity. This, [......gn?] there is no direct
evidence in the Welsh history of its truth, appears undeniable from the oral
traditions respecting it, and the nature of the exhibition, as it always
commences on Christmas-eve. The dramatis personae are as follows:- Mary
Lwyd - The Pen-ceffyl- the Conductor - Musicians, &c., Mary Lwyd is a female
character, represented by a lad dressed up in woman's attire in a grotesque
style, who dances and capers about to the music, and by his odd appearance
never fails to occasion great amusement. The Pen-ceffyl (which signifies
horse's head) is a man dressed up as nearly resembling a horse as he can, or
rather the fore-part of that animal, the hind-part being omitted for
convenience. The man's body forms the brisket of the horse, whilst he has
attached to his shoulders a horse's head and neck finely carved, and in many
cases a real horse's head. This is covered with canvass, and made so as to
contain the man's arms, by which he is enabled to move about the head in
imitation of the action of a horse; and generally the performer enacts his
part very cleverly. By candle-light, the general period of exhibition, it
has a very ghostly appearance, and produces no small dismay amongst juvenile
spectators. Attached to the head of the horse is a halter, held by another
man, fantastically dressed, who leads the horse, and is continually reining
him in to prevent his doing mischief, though sometimes the horse is very
docile, and manages to make himself very amusing. This assemblage goes
about from house to house, the object being, in addition to amusement, to
get beer to drink, and to collect money. The rhymes sung on the occasion
are generally sung in the Welsh tongue, but their literal meaning is to this
effect:- The party - standing outside the door put one of their body
forward to recite the challenge, or verses addressed to the inmates, and
which they are to answer and excel, or the Mari Lwyd procession have a
legitimate right to enter. The rhymes are rude enough, but go on to
be-praise the master and mistress of the house for hospitality, and cite
many good instances of the generosity of their accosters, and of the Welsh
family in general, as incentives to the inmates to be profuse in their
liberality on this occasion. They cite the customs of old, and wind up by
saying or singing that if they are permitted to enter, "We will sing you a
good song, This Christmas, this Christmas."
The responses - and they are but seldom made - must be in reply to the few
arguments the invading party have advanced, and must nullify all they have
said; and thus instances have been known where a clever and intelligent
native may fairly keep the Mari Lwyd out to all intents and purposes. All
this is, by some intelligent persons with whom I have conversed on the
subject, supposed to be the remains of the old mumming common at Christmas,
and that it was originally intended - in the days of papal mystery - to
represent the scene in the stable at Bethlehem; Mari Lwyd being the Virgin
Mary; the Pen-ceffyl, the horses in the stable; and the man who leads the
horse being Joseph. It will be seen by what I have written, that there is
little reason to think my first opinion was correct, viz., that it was a
druidical observance; and if the few observations I have hastily thrown
together, be of any service to the talented author of the paper which gave
rise to this correspondence, it will be a high gratification to. Sir, Your
obedient servant, J. MARSHALL SCOTT. Newport, South Wales, January 16,
1843.
SALTASH. Early on Friday morning, a cow house in the parish of St.
Stephens by Saltash, was struck by lightning. There were four cows in it at
the time, two of which were killed instantly. It is a singular fact that
the cows killed were the off ones on each side, those standing in the centre
escaping unscathed. The electric fluid afterwards struck a large tree
adjoining, which was injured so much that it has since been cut down.
27 JANUARY 1843, Friday
CORONER'S INQUEST. On Tuesday last, an inquest was held at Blackwater,
before J. CARLYON, Esq., coroner, on the body of Philip OATS, aged 30 years,
who died from injuries he received the preceding Saturday, by a piece of
timber falling on him, whilst at work in the 60 fathom level at Hallenbeagle
mine. Verdict - Accidental death.
SCILLY. On Thursday, the 19th instant, about nine a.m., the schooner
"Chace," HALSON, from St. Ives for Naples, fell in with a vessel between the
Land's-end and Scilly, waterlogged, and her masts, bowsprit, &c., carried
away, no doubt, in the late severe storm, which has done so much damage.
She proved to be the schooner "Beryl," of Greenock, supposed to be from
Marseilles. The "Chace" immediately took her in tow, and made sail for
these Islands; and about four p.m. was off the harbour of Old Grimsby, where
the "Chace" cast of, the wind striking out of the harbour. The "Beryl" was
then taken in tow by several row boats, which succeeded in getting her in to
Old Grimsby, where she took the ground and dryed, when the corpse of a man
was found in the cabin with his sea clothes on, and the letters J. T. marked
in his stockings. The body was decently buried the next day at St. Mary's
without an inquest being held. The cargo, which is now being discharged,
consists of [...dder ro..?] and sulphur. Two watches, and two quadrants,
with some other things, were found in the cabin. On Saturday the 31st, the
brig "Sarah Jane," COX, acting commander, from the Havannah, bound to
Falmouth for orders, came into New Grimsby. It appears this vessel was
[.........?] abandoned by her officers and crew, on Monday
.......................................................... ? in with the
schooner "Saucy Lass," of Dartmouth, LOVE, master, from Terceira for
Liverpool; and Captain Love being requested, immediately took the crew of
the "Sarah Jane" on board, to convey them to England. On the day following
(Tuesday 17th, she fell in with the "Sarah Jane," when Mr. Cox, the mate of
the "Saucy Lane," with five others, (one of whom the late mate of the "Sarah
Jane") went on board, took charge of her, and steered for Falmouth. The
brig had lost nearly all her sails, some being blown, others taken away; and
the "Saucy Lass," before leaving her, supplied those she could spare;
subsequently, the pilot boat did the same, and the "Sarah Jane" was anchored
off the harbour of New Grimsby, and shortly after warned [warped?] in the
warps and assistance from the shore. Boats were soon after dispatched for
Penzance with letters for the owner and underwriters. Reports of a very
unpleasant nature are in circulation relative to this vessel, the worst of
which is, that the Captain, in a state of intoxication, endeavoured to set
her on fire, and to sink her by cutting the lashings of the bowport before
he left her; and also represented to the American Captain that the "Sarah
Jane" was very leaky, and in a sinking state, when it appears she made very
little water. We shall be glad to learn that these reports are proved to be
without foundation.
PILCHARDS. Upwards of 17,000 hogsheads of these fish have been exported
this year from St. Ives, being the largest quantity ever exported from that
place in a single year.
THE LATE STORM. We are happy to find that our information respecting the
result of the accident to Mr. BLIGHT, in Lemon-street, Truro, as given in
our last week's paper, was incorrect. Mr. Blight, instead of being dead, as
we are informed, is recovering, and is expected shortly to be able to resume
his occupation.
PORTHLEAVEN, JANUARY 22 - Last night, it blew strong gales from .S W.; and
this morning a vessel in distress, which prove to be the "Nimble," of
Southampton, for Falmouth, was seen at anchor off Mullion island, with the
head of foremast gone. Two boats from Mullion boarded her, when she slipped
her cable, and was got safe into Penzance pier.
ANOTHER VESSEL WRECKED NEAR BOSCASTLE, AND ALL HANDS LOST. Soon after the
"Jessie Logan" drove on the rocks, at the Creek near Boscastle, and became a
wreck. Another vessel, called the "Elizabeth Aletta," commanded by Mr.
BAKKER, was driven upon the sands at Crackington Haven, situate within six
miles north-east of Boscastle-harbour, where in the course of one hour she
was totally lost, and all on board perished. A party of the Coast Guard
service witnessed the vessel coming ashore, and saw the poor creatures take
to the rigging, where they remained but a short period, for upon the vessel
striking the sands, her masts were started out of their places, and fell
overboard, carrying with them the unfortunate crew. None of them were seen
alive afterwards. There were supposed to be eleven seamen besides the
master. On Tuesday week the wreck was sold for GBP93. A tin case has been
washed ashore near the spot where the wreck took place, containing the
vessel's register, license, and other papers. This unfortunate ship was
laden with rock salt and belonged to Schiedam. Several bodies of the crew
have been picked up, and decently interred at St. Gennys church.
THE LATE WRECK OF THE "JESSIE LOGAN." Capt. WILLIAMS, of the Coast
Guard, assisted by Mr. MASON, collector of the Customs, secured much of the
cargo of the "Jessie Logan." A party of men, reported to be a [hundred from
the hills???] beat off the Coast Guard, but afterwards about a dozen of the
ringleaders, were secured, and four of them, viz, Richard CHAPMAN, Hugh
LUKEY, Joseph BROWN, and John BONEY, have been committed to take their trial
at the next assizes, but have been liberated on bail. The rest were
discharged.
Cork, January 18. The crew of the "Jessie Logan," from Calcutta to
Liverpool, wrecked at Boscastle, have arrived at Cove, in the "Lynx,"
Captain HOWARD, from Messina. The "Jessie Logan" left Calcutta on September
4, 1842, and on the 18th instant was struck by a heavy sea, which carried
away bulwarks, poop, stove in her stern, swept decks, broke the pumps,
sprung foremasts, and carried away all her sails. The cook was drowned in
the forecastle; the carpenter and two men were much injured. On the 15th,
in lat. 51, long. 5, the "Lynx" bore down for them, and took them all on
board. At the time she was abandoned she had thirteen feet of water in the
hold.
ST IVES. In addition to the loss of the schooner "Phoenix," and her crew,
belonging to this port, during the late gales, we are sorry to add that of
the schooner "Brothers," belonging to Captain James MOLLARD, which sailed
from the Mumbles with the rest of the fleet, and has not been heard of
since. This will make twenty-six vessels and eleven entire crews, belonging
to this place, which have been lost within the last seven years.
MELANCHOLY ACCIDENT. As the barque "Caroline," from London, for the West
Indies, was coming into Falmouth harbour, on Monday last, wind bound, a lad
fell off one of the yards, just inside the lighthouse. The ship was
immediately hove to, and the boat hoisted out, but the poor boy sank before
they could render him any assistance. The body has not yet been found.
FALMOUTH HARBOUR. Capt MANGLES, an official under the Royal West India
Mail Steam Company, was engaged several days last week, in surveying
Falmouth Harbour and its dependencies. He narrowly inspected St. Just Pool,
Mylor Pool, the cross channel, and other important localities. The object
of his survey has not transpired, but it is premised by good authorities,
that it has reference to an alteration about to be made in the management
and future regulation of the above company's steamers. We are quite
confident that were Falmouth made their depot, instead of Southampton, the
company would save thousands per annum.
SEIZURE OF CONTRABAND LIQUOR. On Monday night, the "Night and Day"
revenue cruizer, of Falmouth, made an extensive seizure of contraband
brandy. The guard observed a boat running close along the St. Mawes shore
for some time - a manner of proceeding unnecessary except to elude
observation. Chase was eventually given, and the smugglers ran their boat
ashore and made their escape. The prize has been lodged in the stores of
the Falmouth custom-house.
TRURO DISPENSARY. We understand that the Hon. Mrs. AGAR, and T. J. A.
ROBARTES, Esq., have each, with their usual liberality, given a donation of
ten guineas to this institution.
THE CUSTOMS. Edward HULL, Esq., collector of the customs, Falmouth, has
been appointed to the same office at Portsmouth, and is succeeded at
Falmouth by Mr. WREY, comptroller of Belfast.
TRURO POLICE. Thomas BILLING, of St. Agnes, was charged with being drunk
and incapable of taking care of himself, and was fined 5s. with costs.
Jonathan BARRETT was charged with threatening the life of his wife, a
lodging-house keeper. The case was dismissed, it having been proved that
Barrett had a wife at the time he married complainant. On Saturday Jonathan
Barrett was again brought up charged with drunken and disorderly conduct in
the streets, and was fined 5s. with costs.
On Monday, John MILLS and James PASCOE were charged with drunken and
disorderly conduct in the streets, and were each fined 5s. and costs. John
PLANT, of Truro, was charged with furiously riding a horse through the
streets, and was fined 5s. with costs. Henry KELLY, a van man, of St.
Austell, was charged with ill-treating and torturing his horse, by working
it with wounds in the neck. The defendant was fined 5s. with costs, the
least penalty that could be levied under Martin's Act, for the prevention of
cruelty to animals; but the magistrates will in future inflict the full
penalty on offenders.
FALMOUTH POLICE. On Tuesday last, two seamen and three apprentices from
the "Strutland Castle," from Sicily, were brought before the magistrates,
for refusing to proceed to sea to complete the voyage to Stockton. They
complained of ill-usage and short diet. The magistrates decided the two
sailors were entitled to their discharge, but the apprentices were sent on
board, with orders to the Captain to give them proper food and treatment.
CHARGE OF FELONY. On Wednesday se'nnight, James CHESWELL, a respectable
looking man, a labourer in H.M. Dock-yard, Devonport, was charged before the
Magistrates of that town, with stealing three silver spoons, from the
Commercial Inn, Tideford. Mr. W. ROGERS, landlord of the inn, being sworn,
stated that on the 10th of January, he had a lime [time?] feast in a large
room adjoining his house, from which he had missed one silver table and two
tea-spoons; he would swear to the tablespoon, it being marked, but not to
the small spoons, which were not marked. He did not see the prisoner at the
feast, nor in Tideford at the time he missed the property. Simon SELIGMAN,
salesman, being sworn, said that the prisoner came to his house and offered
the spoons, (which were here produced) for sale; he stopped him, and sent
for PERRY, the constable, to whom he gave the prisoner into custody; he, the
prisoner, gave his name as MALLETT. Perry the constable, took the prisoner
into custody; he stated that the spoons had been given him by Mr. Francis
MAYNARD, farmer of St. Germans, for work done some years ago; on his way to
the Magistrates he said he had been drinking, and did not know what he was
about at the time. The prosecutor (Rogers) said he had known the prisoner
for some time, and he had until now borne an excellent character. He was
committed for trial at the sessions.
WRECKERS. The following letter has been read at Lloyd's:- "Braunton, near
Barnstaple, Jan. 18, 1843. Sir, - A firm belief in the truth of the reports
of the disgraceful scene which I am about to submit for your serious
consideration induces me to address you, in the earnest hope that some of my
suggestions may lead to the present detection and future prevention of a
species of delinquency which it is impossible to contemplate without
feelings of the most unequalled disgust. Long protracted indisposition has
prevented me from being an eye-witness of the depravity I am about to
describe; but I have the utmost confidence in the authenticity of the
sources whence I derive my information. On the night of Saturday last, two
very large merchant ships, belonging to Liverpool, and bound for the coast
of Africa, were wrecked near our dangerous bar. The lives were happily
saved, but the scenes of audacious plunder which immediately ensued, and
which have continued up to the present time, are of the most revolting
description. On Sunday, all our opposite sects were merged into wreckites,
and never was a more busy day of rest for man and beast - the shore was
thronged with wretches, hardened as the rocks that surrounded them, wholly
intent on plunder. Farmers from this and the adjoining parishes continued
through the day to cart off whatever they could put their hands on, and the
night came without causing a cessation of their unhallowed labours; and that
which is most disgracefully remarkable is, that not a single member of the
unpaid made his appearance to check the work of devastation. The collectors
of the neighbouring ports betrayed the same disgusting want of energy and
promptitude. I believe the highest official authority was the comptroller
from Barnstaple; but it must be borne in mind that I am speaking of the
wreck on the Braunton side. There was nothing approaching to a properly
organised police, and those set to watch, if not participating in the
plunder, were singularly indifferent in its prevention. Now my object is to
attack this grievous moral evil; and I shall first suggest remedies for
present detection, which should consist in the prosecution of a diligent
search of the various farm premises in this and the adjoining parishes, and
particularly in the burrows, where I apprehend many cases of copper have
been deposited. The river should also be dragged. These two suggestions,
however, refer rather to the recovery of property than detection of the
offenders, which I conceive might be greatly facilitated by a diligent
inquiry at all pawnbrokers, plumbers, and ironmongers in the adjacent towns;
but, indeed, the plunder has been so barefaced and open, that an active
metropolitan officer could not fail to detect the perpetrators; and I cannot
conceive a more useful lesson than the condign punishment of some of the
more wealthy offenders, some of who have been more prominent, and certainly
infinitely more wholesale, in their proceedings than the numerous poor
wretches who might plead their fourteen-pence a day, the amount of the
husbandman's wages in this parish, as some incentive in following the
example.
LAW INTELLIGENCE ARCHES COURT, JANUARY 11. KENDALL v. KENDALL. This was
a suit for divorce, by Mr. Kendall, against his wife, on the ground of
adultery. The parties were married in 1823, and cohabited until 1842. At
that time the husband discovered that a criminal correspondence and intimacy
had existed between his wife and a relation of his own, Lieut. Kendall. The
present suit was the result. Dr. ADDAMS, on the opening of the case, said
that he had read the letters and evidence, and thought it advisable, on the
part of the wife, not to offer any opposition to the husband's prayer. In
such a case, if possible, it was better not to enter into the facts at all.
Her Majesty's Advocate, for the husband had no desire to go into the case.
The Court, however, said that the proof of the wife's guilt rested upon a
chain of circumstances, and, on that account, he felt bound to have those
portions of the evidence pointed out to him, which would satisfy him of the
husband's title to a divorce. It was painful to hear the details of such
cases, but duty here demanded it. Her Majesty's Advocate then stated at
some length the facts of the case, and read several very impassioned
letters, which had passed between Mrs. and Lieutenant Kendall. The parties
move in society so respectable, and the character of the whole case is so
distressing, that we forbear publishing a lengthened account of it. The
peculiar feature, however, we may be allowed to mention. In the letters
which passed between the guilty lovers, they mutually styled each other
"dearest husband," and "darling wife." Dr. Addams, for the wife, could not
resist the husband's prayer. The Court was satisfied of the marriage
between the parties, and the subsequent adultery of the wife, and
accordingly pronounced for the divorce. In doing so, the Judge, Sir Herbert
Jenner FUST, spoke in the highest terms of the conduct of the husband, and
said that the case was a distressing one, that the husband appeared to have
been a most affectionate husband, and not to have entertained the slightest
suspicion of what had taken place; and that indeed, the blow appeared to
have been a most severe one to him. [this couple may be from Devon?]