BRITISH ASSOCIATION. This institution, at its late meeting at Cork, has
made the following grants, among others:- GBP35 to Mr. W. S. HARRIS, for
completing the meteorological observations at Plymouth; GBP20 to the Rev.
Mr. WHEWELL, for completing level marks in Devon and Cornwall; and GBP10 to
Professors OWEN, for researches on the marine zoology of Cornwall and Devon,
by Mr. PEACH.
BRITISH AND FOREIGN SAILORS' SOCIETY. Another meeting of the friends of
this society was held on Thursday night last, in the School-room, of
Bethesda chapel, Truro, the Rev. J. GROSE in the chair, for the purpose of
carrying into effect the resolutions passed at the public meeting which
declared that an auxiliary society should be formed. At this meeting Capt.
PRYNN, the deputation from the parent society explained the duties that
would evolve on an auxiliary, after which a committee was formed, and E.
TURNER, Esq., M.P. was elected president. Mr. W. BAYNARD was elected
treasurer, and Mr. WHITLEY and Captain MATTHEWS secretaries. A
sub-committee was then appointed for the formation of rules for the
management of the society, which rules are to be submitted to the committee
in the course of the present week.
THE MONSTER OF THE DEEP AGAIN. On Tuesday last, the large whale that has
been on the south coast for some weeks, again showed itself at Cadgwith, and
made considerable havock among the crab pots. Seven men in one of the large
fishing boats, made an attack on the large creature with a harpoon, but
without effect. In a second attack, however, they succeeded in throwing the
harpoon into its side, when it immediately dived, and took to sea with great
rapidity, towing the boat after it at the rate of at least six miles an
hour. The men got showered and were not at all unwilling to be separated
from their customer, on leaving which they perceived it several times
throwing its tail at least eight feet out of the water, and at the same time
spouting the water to a considerable height. The fish is still on the
HAYLE. On Monday last, the first anniversary of the Cornubian Lodge of
Free Gardeners was held in the place. The members assembled at ten a.m., at
Mr. CROTCH's hotel; and after the lodge had been opened, and proper
arrangements made, they proceeded to St. Erth church, where an eloquent
sermon was preached by the Rev. J. PUNNETT, A.M., from Gal. vi., 2. "Bear ye
one another's burdens, and so fulfil the law of Christ." Having returned
from church, dinner was provided by Mr. Crotch, the quality of which was
only matched by the elegance of the arrangements, and the kind attentions
shown to the guests. Amongst the members a remarkably good feeling
prevailed throughout the day, which perhaps was partly attributable to the
influence of the R. W. G. M. SHARROCK DUPEN, whose remarks for the welfare
of the order, were just and spirited. The injunctions of the minister in
the morning were not forgotten in the evening. No man stepped beyond the
bounds of temperance, and several were at their own firesides at an early hour.
EXTRAORDINARY PERFORMANCE. Last week, a man named John TROUNCE, a staunch
teetotaller, in the employ of Mr. William STEVENS, of Trenail, in the parish
of St. Erth, built and completed four mows of wheat, containing 280 sheaves
each, in the short space of one hour and ten minutes. Mr. Stevens states
that "alcoholic drinks" do not enable the labourer who uses them to do his
work with greater ease or speed than the man who abstains from them.
DREADFUL ACCIDENT. On Tuesday afternoon, whilst a man called Thomas
BODINNER, about 50 years of age, and the cooper at the Brewery of Pentreath
and Co., of Penzance, was at work, he accidentally missed his footing, fell
into a "Hop Back" containing some 80 gallons of nearly boiling liquor, and
was severely scalded. His cries brought a fellow workman, who was near, to
his assistance; but we understand the poor fellow contrived to raise
himself, and was conveyed to a neighbour's house, where Messrs. MOYLE and
BERRYMAN, surgeon, were speedily in attendance, and we are glad to learn
that he is likely to recover.
CORONER'S INQUEST. On Wednesday evening last, an inquest was held at
Budock, before John CARLYON, Esq., coroner, on the body of a male infant,
which was found dead in the morning of that day, in Budock churchyard. The
child was dressed in a linen night cap, a frock of pink pattern and white
ground, and was wrapped in two? old pieces of flannel, apparently part of a
petticoat, the whole being put into part of a potatoe sack, in which it was
found. All these articles were ordered by the coroner to be taken care of
by the parish constable. Mr. F. C. BULLMORE, surgeon, who examined the
body, observed a bruise over the right ear, one on the outer part of the
left eye-brow, and a mark of a blow above the centre of the forehead. These
were the only external marks of violence. On dividing the scalp, there was
a copius effusion of blood over the right parietal bone, which was
fractured, and a like appearance between the inner surface of the bone and
the dura mater. The child had apparently been dead about twenty-four hours;
and that death had been caused by violence. There was no evidence by which
to trace the act to any party, and the jury returned a verdict of wilful
murder by some person or persons unknown.
EXPECTED VISIT OF THE QUEEN. There is a strong expectation that her
Majesty, in the course of her marine excursions, will pay a visit to
Falmouth - an event which would be highly gratifying to "one and all" of her
loyal subjects in the far west. Should this expectation turn out to be
well-founded, loyal and dutiful addresses will be presented to her Majesty
from Falmouth, Truro, and other places; and we have no doubt that everything
will be done that circumstances will admit of to prove to our beloved
monarch, that in no part of her dominions does the flame of genuine loyalty
burn with more ardour than in faithful Cornwall. Since writing the above,
we have learned that the royal squadron arrived on Wednesday afternoon,
about half-past five o'clock, in Plymouth sound, and that her Majesty was
expected to land the following day. We have now the best reason to believe
that the Queen will arrive in Falmouth harbour some time to-day (Friday).
JENNINGS v. ROBINS. This cause, which was partly tried at the last
assizes, our readers will recollect, was referred, upon the recommendation
of the judge, to the decision of Mr. LUCENA. The learned arbitrator sat at
Wadebridge for two days, hearing the evidence in the cause, and viewing the
premises in dispute. The plaintiff's cause was conducted by Mr. SHILSON, as
advocate, Mr. Edmund HAMBLY being the attorney; the defendant's by Mr.
SLADE, a barrister, the attorney being Mr. Edward LYNE. The matter in
dispute was the right of way to a passage running between plaintiff's and
defendant's property. After hearing an immense mass of evidence, Mr. Lucena
has made his award, finding for the plaintiff upon all the issues - damaged
forty shillings. The costs of the cause follow this verdict, and the
passage is in future, to be used exclusively by the plaintiff and his
CHURCH MUSIC. On Sunday last, the celebrated choir from Camborne visited
the parish church of Breage, where they performed a choice selection of
pieces and anthems in a way that greatly delighted an overflowing audience.
The parishioners say that such music has not been heard in Breage for many
TO CLERGYMEN AND OTHERS INTERESTED IN EDUCATING THE POOR. The friends of
a respectable FEMALE, about forty years of age, a member of the Establish
Church, who has been accustomed to Tuition for twenty years past, wish to
obtain a situation for her as MISTRESS of a SCHOOL, either on the national
or British system, or in the ordinary mode of instruction, in a town or
country parish. References as to character and ability, may be made
(pre-paid) to Rev. G. B. GIBBONS, B.A., or Mr. PEARSE, Surgeon, Launceston.
August 29th, 1843.
MISCELLANEOUS. WASPS. It is a curious fact, that although wasps abounded
last year almost beyond example, there are scarcely any to be found this.
THE STEAM BOAT. As an evidence of the advances made in the mechanical
power applied to propel steam-vessels, it is recorded of a steam-boat
launched at Potsdam in the year 1820, that it was the largest that had then
been built, it was 200 feet long, and forty-four fee wide; and it was
impelled by two engines of twenty horse power each. It was called the
FEMALE MISSIONARIES. A society of women has been formed at Berlin, the
Prussian capital, with the permission of the government, and under the
patronage of Madame Eichhorn, wife of the minister of public instruction,
the object of which is to send young women, at the expense of the
association, to Syria and the East Indies, to assist the missionaries in
propagating Christianity among indigent persons of their own sex.
GIGANTIC OSTRICH. At Cork, Professor OWEN recently delivered a lecture on
the bones recently discovered in New Zealand, of a gigantic kind of the
ostrich species, to which he has given the name Dinornis. The first
intimation in this country of the previous existence of such a bird was
received by Professor Owen from a gentleman who brought him a small portion
of one of the discovered bones. The science of comparative anatomy has
attained such perfection, that from merely seeing this portion of bone the
Professor was enabled to determine the class and species of the animal, and
its general size, form, and habits. Subsequent discoveries of other bones
have confirmed those views. The bird to which the bones belonged must have
stood nine feet high, although it could not have had the power of flight.
Some doubt is entertained whether such a bird does not at present exist in
the unexplored parts of New Zealand, especially as from the condition of the
bones they could not be more than one hundred years old. The professor did
not, however, mention, in confirmation of this opinion, the reports of
recent American travellers, who aver they saw such a bird in New Zealand.
FASHION FOR THE WEEK. The half-crown shooting blouses, with a watch
pocket at the side, warranted to hold all the grouse that will be shot by
the wearer, are not in great vogue. For Gravesend excursions the favourite
article in waistcoats is none at all, and the shirt is decidedly decolte,
saving the annoyance - and expense of a neckerchief. An elegant substitute
for the cravat is a bit of mousseline de laine, a few inches long, or a
piece of broad shoe-string, to which the recherché name of "Byron tie" has
been given. We have observed nothing new in trowsers, except the ingenious
method of lengthening last year's old ones, by going without braces, and
keeping the shooting blouse closely buttoned to conceal the untidiness. The
last thing in gloves, and certainly the first thing we should patronise, is
the fourpenny men's Berlin. We have seen a very pleasing effect produced by
a degage shoe, slightly down at the heel, and affording a glimpse of a very
rich, elaborately darned sock, which is also allowed in some cases to show
by a side fissure in the chaussure, which is slightly slashed to admit of
THE STANNARIES' COURT. Concluded from our last week's paper. Friday,
August 25. Nisi Prius. The small debt cases were concluded today about
twelve o'clock, after which the jury were sworn in cases at nisi prius.
COCK and WIFE v. COCK. This was an action brought to recover the sum of
GBP20, money lent by the wife of plaintiff to the defendant, to which the
latter pleaded the statue of limitations. Mr. BENNALLACK for the
plaintiffs; and Mr. T. ROGERS and Mr. HOCKIN for the defendant. John CORIN
examined - I know the plaintiff's in this case, John Cock, jun., and Jane
his wife; I also know the defendant, Walter Cock. I am brother of the
plaintiff's wife; she was married in October 1837. Before her marriage she
lived at Penzance; she had at that time GBP20 in my care, for which I paid
interest; I remember on the 29th of June, 1837, paying the GBP20; I gave her
the money. I saw the defendant the same evening at my house; he was looking
for more money, and asked me if I had any money to spare. He said he had a
little place over at Crowan, and he wanted to renew a life. He told me he
had borrowed GBP20 of my sister that day, and wanted GBP30 more. I told him
I could not lend him any.
Cross-examined by Mr. Hockin - I know the money
was paid on the 29th of June, because I had a memorandum from her
acknowledging the receipt of the money. I have that memorandum in my
pocket; (The witness produced it); my sister lived before at my farm house
near Marazion; it was my father's farm before his death; he died about two
years before this money was lent; my father left a will. I gave my sister
meat and clothes, and other trifling articles. The defendant lived at that
time at Crowan, about ten miles from us. I don't know that he knew my
sister in particular before the time he came to me. After I gave her the
money she told me that she had lent the money to Walter Cock, before he came
and asked me to lend him money. I carried in the money that day to my
sister at Penzance. She was then living with Mary REYNOLDS, a pork seller.
My sister went there to carry on business as a pork seller. She was my
servant in June, 1837, and left me about a fortnight before she lent the
money. She did not stay in Penzance a great while - not twelve months, six
months, or two months. She stayed there till she got married, I am certain
of that. I can't recollect accurately whether she was married in October.
I can't swear exactly whether she was not married in June. I don't know
that she was not married in May, 1837, but I know that she was not married
at the time she lent this money. I was at the marriage; she was married at
Madron. My father left her two "houses," which brought her GBP7. 10s. a
ELEANOR COCK examined. I know the plaintiff's and the defendant. I am not
related to any of them. Went to Crowan in 1840, to receive some money, and
I went to the defendant's house with Jane Cock. Saw the defendant's parents
and waited at the house till the defendant came home from mine. The first
words he said when he came in were "What wind blew you here?" Jane Cock
said "You know what I have come for." Defendant said "Yes, I can partly
guess." She said, "You had GBP20 of me to 'reverse' a little place, and
never came or sent." He said, "Yes, Jane, I know I had it of you, but I
will never pay you." Those were the only words that he spoke. Jane said to
that, "I will try to get it." We were driven away by bad language. The
mother called us faggots.
Cross-examined by Mr. Rogers - I have known Mrs.
Cock, I suppose about five or six years - not longer than six. She was
married when I first knew her; that was seven years ago. His Honour - She
has not been married seven years? Witness - People make mistakes sometimes.
By Mr. Rogers - I knew her about six years ago. I was then living at
Penzance, and took in washing. His Honour - If anything turns upon the time
of marriage, it is a very serious loss of time, because by obtaining a copy
of the marriage register, and identifying Jane Cock with that marriage
register, it would settle the matter at once. Cross-examination continued -
I knew Jane Cock six years ago. I was then living in Penzance; it's no odds
to you how I was getting my living. I came up here to tell you the truth,
but I shan't tell you how I got my living, there is no occasion to
(laughter). I lived in Penwith-street about six years ago, and left at
quarter-day. I can't tell you what time it was, because it was in the
middle of the quarter. When I quitted that house Jane CORIN was married.
That was in the summer time. I was not intimate with Jane Corin; we never
"walked" together, I was not a married woman then. I had two children then.
Jane Cock has two children now, one of which she has had since she was
married. By his Honour - When I first knew her she had one child about two
years old. By Mr. Rogers - While we were there the old woman went out to
attend to the cow, and nothing was said in her presence about the money.
His Honour - Mr. Hockin, do you prove that the marriage took place more than
six years before the commencement of the action? Mr. Hockin said he could
not prove that from the register. By Mr. Rogers - The defendant did not
say "I know nothing of your money, and I mean to live and die an honest
man." I did not say I would swear I heard you say you had the money. I
don't know where Jane Cock lived before her marriage. My uncle told me that
she had property.
His Honour - Then you must call him. Witness - He is
dead and has been dead some time, and if you call him now perhaps he will
frighten us all (laughter). Mr. Rogers then addressed the jury for the
defence resting his case chiefly on the credibility of the witness that he
should call, the defendant's mother, - in opposition to the witnesses
adduced by the plaintiff, of whom he spoke in very severe terms. He urged
the improbability of the plaintiff having so much as GBP20 to lend, when the
evidence proved that she had lived with her brother as his servant and had
received no wages, and that she had received the rent of her two houses for
only two years, and that would amount only to GBP15.
Mary Cock was then
examined. She stated that she was 65 years of age, and was the mother of
the defendant. On the day on which the plaintiff and the last witness came
she was out, and was called by her husband; on going into her house she saw
the two women sitting down; they asked where her son was, and she said that
he had not come from mine; she then asked them to sit down and wait till
her son came in, which they did; on defendant coming home Jane Corin (Cock)
said, you know what is betwixt us, and he said, yes I know what is betwixt
us. She mentioned money, but witness could not say how much. Defendant
said, I know nothing about your money, and no money you shan't have of me.
Then again she said she would have it and he said I know what is betwixt us
very well, and I count you not much better than a prostitute. They then
went out, and this woman who was a witness to day, said as she reached the
door, I will swear that thee's said thee's had the money, but that thee's
will never pay it. Witness's husband is a very old infirm man, not able to
By his Honour - When Eleanor Cock said that she would swear defendant said
he had had the money, witness said she must be a nasty woman to say that,
because he had never said it. They then went away. Mr. Bennallack having
replied, his Honour summed up. There were two questions for the
consideration of the jury; first, whether there had been any loss of money
from Jane, who was then Jane Corin, to Walter Cock the younger; and if there
had been any loan of money, whether that had been within six years, because
if there had been no loan of money within six years, then the plaintiff's
could not recover. His Honour thought that the jury might easily get rid of
the second question, as to whether the loan had been within six years,
because John Corin recollected that the money was lent on the 29th of June,
1837, and that his sister was married in October. Eventually he was very
uncertain as to the time of his sister's marriage, but he was certain that
the money was lent before the marriage, and if the marriage was more than
six years ago it was the business of the defendant to prove that. He could
have proved it with the greatest certainty; not by trying to show that John
Corin was inaccurate in his memory, but by producing the marriage register
from a parish in this county, and by calling some person to prove that the
Jane Corin mentioned in that register was the wife of John Cock. As the
defendant had not proved that, the jury might take it for granted that the
marriage took place less than six years ago.
His Honour then went through
the evidence, as it related to the loan itself. He did not see that there
was any extraordinary improbability in Jane Corin having saved GBP20. There
was nothing so exceedingly beggarly in her origin as to show that GBP20 was
an extraordinary sum for her to have, while it was quite clear that there
was some connection between Walter Cock and herself that induced Jane Corin
to let him have the money, and John Corin to acquiesce so easily in the
loan. The jury found a Verdict for the Plaintiffs for GBP20.
PERRY and ANOTHER v. MARTIN. Mr. ROGERS for plaintiffs, Mr. BENNALLACK
for defendant. In this case John and William Perry were plaintiffs, and W.
Martin the defendant, all residing at Helston. The action was brought on a
note of hand to recover GBP10 and interest, for which the note was given.
The hand writing to the note was admitted by the defendant, who consented to
a verdict for the plaintiff's, while he (Mr. Rogers) would accommodate him
by giving such time as the court could allow. Verdict for the plaintiffs,
for GBP11. 5s.
HARVEY and ANOTHER v. KITTO and ANOTHER. Mr. SIMMONS (for Mr. ROBERTS)
for plaintiffs; Mr. EDWARDS and Mr. HOCKIN for defendant. In this case
Messrs. COLLAN and James Harvey, of St. Day, claimed GBP47. 14s. 3d. balance
of account, from the defendants, Francis Samuel Middleton Kitto and Thomas
JEFFERY. Both defendants would appear and consent to a verdict for that
amount. Mr. Edwards, for Kitto, consented; and Mr. Hockin consented for
Jeffery. Verdict for plaintiffs for the amount claimed.
WILLIAMS v. NICHOLLS, jun. Mr. STOKES for the plaintiff; Mr. HOCKIN for the
defendant. The parties in this case had formerly both carried on business
as grocers at Redruth, and had had transactions together. The action was
brought to recover GBP147. 1s. 11d., but the claim ultimately resolved
itself into a balance of GBP55. 13s. 7d. The case, which lasted from the
middle of the day till after the same time the following day, was, except to
the parties, exceedingly uninteresting. It was a long proof of various
items of charges for groceries, &c., and on both sides, with, of course,
some evidence of prices given for the supply of the articles and of
admissions of debt. There was nothing in the case to warrant our laying it
before the public, and indeed it would not be intelligible without the
examination of accounts, such as occupied the jury when they retired to
consider their verdict nearly three hours. They retired at half past twelve
on Saturday and at a quarter past three, returned a verdict for defendant.
The plaintiff afterwards told the jury openly in court that they had given a
very unjust verdict, or else had exercised very little discrimination.
FERRIS v. TEALOR. Mr. HOCKIN for the plaintiff; Mr. STOKES for the
defendant. Mr. Hockin stated that in this case John Ferris was the
plaintiff, and Wm. Henry Tealor the defendant. The action was brought to
recover the sum of GBP10, and also a further sum of GBP3. 8s., as money
received by the defendant to the use of the plaintiff, and these sums the
plaintiff sought to recover. It appeared that in the beginning of March,
Mr. Tealor, who carried on business as a spirit merchant in Truro, wished to
retire from business, and Mr. Ferris wished to take it. Through a mutual
friend, an agreement was come to, on the faith of which the plaintiff paid
GBP10 deposit, which sum the plaintiff sought to recover, as the agreement
had not been completed. The GBP3. 8s. was a sum paid under protest by the
plaintiff to defendant for the use of brewing materials, wages to a brewer,
&c. Mr. Hockin having opened the case, called Wm. HODGSON, who stated that
he was the father-in-law to the plaintiff, and had been on friendly terms
with the defendant for many years. An agreement was entered into in March
between plaintiff and defendant, which agreement witness put into writing.
The agreement was about the plaintiff succeeding to Mr. Tealor's business.
Mrs. Tealor, who acted for her husband who was ill, told witness that the
furniture and stock would not exceed GBP300; and in consequence of this, the
words "to take all the household furniture" were not put into the agreement.
It was not said in writing that the agreement was to be void if the
furniture, &c. exceeded GBP300. The quality of the furniture was to be
nothing more that was absolutely necessary for a public house. The house
was situated in St. Clement's-street, and was a large house for the
situation. The money, according to verbal agreement, was to be paid by a
GBP10 deposit and GBP90 more on the day of taking possession, which was
proposed to be lady-day, and the remainder was to be paid according to the
first proposal, in two bills at three and six months. When the GBP10 was
paid nothing more was said about further security, but afterwards he was
sent for by the defendant who said that he was not satisfied in his mind,
and he would have a security for these two bills. Witness said he would
join Mr. Ferris, upon which Mr. Tealor said make them at two, four, and six
months instead of at three and six months. On the following Saturday, Mr.
Tealor again sent for witness and said he was not satisfied with the bills
but must have a bill of sale. Witness then gave him a bill of sale.
Defendant afterwards said he would leave it in his agent, Mr. SALTER's
hands, and subsequently he refused to be satisfied with a bill of sale, and
said he would have nothing less than Ferris's father's security. On
lady-day witness went with plaintiff to defendant's house. Mr. Ferris then
said to defendant you have had GBP10 of me. I have now come to pay you the
remainder of the GBP100 if you will give me possession, and he told out
GBP90. Tealor said, how can I give you possession when the goods are not
appraised? Arrangements were then made for appraising the goods on the
Tuesday following, and on that day they and the appraisers were there. The
goods were far too fine for a public house, and witness believed it was in
consequence of that the valuers did not go on with the valuation. When Mr.
TIPPET, one of the appraisers, came down stairs, he said, "instead of there
being GBP300 worth of goods, there are GBP600 worth - goods sufficient to
furnish any gentleman's house in the town." Mr. Ferris then said they had
better stop the appraisement. At the time the GBP10 was paid, Mrs. Tealor
said to Mr. Ferris, in the presence of her husband, "I think you had better
begin brewing at once, then you will be ready when you come into the house.
We will send for the man who used to brew for us, and then you can have our
furnace, cooler and mash-tub." - [His Honour observed, on looking at the
written agreement, that he saw there only that the plaintiff was to take the
furniture, and he could therefore take no notice of the distinction about
the GBP300 and the quality of the furniture, unless it could be shown that
there was mala fides, such as the defendant having brought in other
furniture.] James BROAD, carpenter, stated that a written paper now handed
to him he had seen before. He saw it lying on Tealor's counter, and he took
it up and put it in his pocket, for his son to read it to him. He
afterwards gave it to Ferris and begged him to make it up. Miss Tealor was
there, and the servant. His Honour - You may bring an action against Miss
Tealor. Mr. Stokes - And I will bring an action against Mr. Broad
(laughter). His Honour - How do you prove mala fides? It may be that Mr.
Tealor has employed his daughter to write it, but you must prove that; there
is no proof of it at present. [This paper was a copy of the agreement
between the parties, in the hand-writing of Miss Tealor, together with some
reasons for Mr. Tealor requiring a different security from that proposed in
the agreement. The language was of so strong a character as to induce us,
from motives of prudence, not to publish it.]
Thomas SOLOMON, brewer, was sent for by Mrs. Tealor in March last. She told
him that Mr. Ferris was about taking the house and wanted a man to brew, and
she had recommended him. Witness then went and brewed for Mr. Ferris, and
brewed three times for him, using Tealor's utensils; he was employed about a
day each time; Mr. Tealor had not brewed for two months before, and Mr.
Ferris employed his own cooper to clean the barrels. Matthew TREMAINE,
clerk to Messrs. HODGE and HOCKIN, on the 6th of April, went with plaintiff
to the defendant's house, when he demanded the beer which had been brewed
for him. Mrs. Tealor refused to let it go, unless the bill of GBP3. 8s. was
paid, for the use of cellars and utensils, and for the appraisers' dinners.
Plaintiff said, "Well, put it all in, and I will pay it, but mind I protest
against it." He paid the money under protest. Mr. Stokes then addressed
the court for the defence, affirming that the agreement was in fact a lease,
and that the GBP10 was deposited according to the expression used in the
agreement, "to bind the bargain." These words, be contended, meant that the
GBP10 was paid by way of deposit, to be forfeited if the agreement was not
fulfilled. He submitted that an action could not be brought to recover that
sum. The plaintiff might proceed for specific performance if he pleased,
but he (Mr. Stokes) contended that it had not been shown in any way that
Tealor was unwilling to perform the contract, and that it was too much for
Ferris, having made a breach of the agreement, to be at liberty to sue for
the GBP10 deposited on the faith of the contract. The Vice-Warden said it
would be necessary to go to the jury for their decision, as to the meaning
of the words "to bind the bargain." The agreement spoke for itself, except
as to these words. It was quite clear that if these words were not in the
agreement, and the GBP10 was merely paid on account, the plaintiff had a
right to recover, and the defendant might bring a special action if he had
suffered from breach of contract. Mr. Stokes then addressed the jury, and
afterwards called William Salter, auctioneer and appraiser. He stated that
he had had considerable experience in negotiations of this kind for taking
houses; had seen agreements drawn up, and knew the technical forms of words.
His opinion as to the meaning of "to bind the bargain" was, that the deposit
was forfeited in case the agreement was not carried out by either party: A
penalty which the party going in paid if he broke the agreement. He could
refer to several cases where money had been forfeited on such phrases.
Cross-examined - Did not draw this agreement; have been in the habit of
drawing contracts of this description, but never put in such words as those;
never saw an agreement of that kind before to his knowledge; had been in the
habit of hearing the phrase used in the course of his business. Mrs. Tealor
said to him, the GBP10 was to be paid in earnest to bind the bargain.
Remembered in a case, NANKIVELL v. UREN, there was a forfeiture of a deposit
made just as this was on a written contract. Mary Ann TEALOR, daughter of
defendant, stated that two days before plaintiff paid the bill GBP3. 8s.,
she had some conversation with him about it, when he came to sample his
beer. She asked him if he was prepared to pay his bill, and he said "no not
now: but I will pay it when I take my beer." He made no objection to the
bill. In cross-examination the paper was handed to Miss Tealor which the
witness Broad had taken from the counter of her father's house. She said at
first that she did not know whether it was in her hand-writing or not, but
afterwards admitted that it was her writing, adding that she did not write
it by her father's directions and that he had never seen it. The
Vice-Warden - You wrote it of your own spirit, I dare say? Witness - Yes
Sir, (daughter). One of those papers was in the window for about one hour
and half when witness took it down. The Vice-Warden. You were very foolish
in putting it up; but you appear to have come to your senses in an hour and
half. Mr. Hockin then addressed the jury in reply; and after the
Vice-Warden had summed up for the plaintiff on the points of law in the
case, and had submitted especially to the consideration of the jury the
words "to bind the bargain," the jury returned a Verdict for Plaintiff for
GBP13. 8s.; and that they did not find the words "to bind the bargain" to
mean a forfeiture of the deposit.
LUTLEY v. KNIGHT and ANOTHER. In this case the plaintiff was Mr. Samuel
Barker Lutley of Exeter, and the defendants were Mrs. Mary Knight, and her
son John Knight, butchers, of Truro. The action was brought to recover
GBP12. 12s. 7d., balance due on a bill of exchange, originally drawn for
GBP63. 19s. on the deceased husband of Mary Knight. John Knight appeared in
person to defend; but there was no real defence, and the jury returned a
Verdict for the Plaintiff for the sum claimed.
MOTIONS IN COMMON LAW. SYMONS v. WOOLCOCK. This was a small debt case in
which Mr. Bennallack now obtained a rule nisi for the plaintiff to show
cause why a nonsuit should not be entered up, on the ground that the debt
was above GBP10 and no notice had been given of an abandonment of the
TREGILAS v. DUNGEY, and PARSONS v. OLIVER. In these cases Mr. Bennallack
also obtained rules nisi for new trials on the ground that neither of the
plaintiffs had been proved to be miners at the time the debts were
EQUITY. BEAM MINE, MOYLE v. KNIGHT. This was the case of a purser's
petition against the defendant as shareholder, in which his Honour had
decreed payment with costs of law charged. In default of payment, Mr.
Stokes now applied for a rule nisi to show cause why the defendant's shares
in the mine should not be sold in satisfaction of the plaintiff's demand.
He made the application under the 18th section of 6 and 7 Will. IV., cap.
106, which enacts, "that in case the Vice-Warden shall in any proceedings
instituted for that purpose make any decree or decretal order against any
person for the payment of any money due or payable in respect of the working
or management of or the providing goods for any mine worked for any metal or
metallic mineral, and the person against whom such order or decretal order
shall be made, or any person in trust for him, shall have any share or
interest in such mine, and shall not pay the sum so decreed to be paid, it
shall and may be lawful for the Vice-Warden, under such regulations, and in
such way as to him shall deem fit, to cause a sale of such share or
interest, or of so much thereof as shall be necessary to raise such sum, and
the costs attending such sale." Affidavits were read, stating the fact of
non-payment, and also the share which the defendant held in the mine, and a
rule nisi was granted.
MOYLE v. PINCH. This was a similar motion with a similar result.
MONDAY, AUGUST 29. VERRAN v. RICHARDS. Mr. HOCKIN and Mr. G. N.
SIMMONS for plaintiff; Mr. ROBERTS and Mr. CHILCOTT for defendant. The
plaintiff, John Verran, had been a tributer in the Great Consols mine in the
parish of Gwennap, and he brought his action against Capt. John RICHARDS, as
one of the adventurers in the mine, to recover GBP26. 4s. 10d., alleged to
be due in respect of ores raised on tribute of 6s. 8d. in the pound by
plaintiff, in the latter part of 1841. On hearing of the plaintiff's case
it was discovered that there were important variations between the
declaration and the evidence adduced. The court allowed the plaintiff to
amend the declaration, and postponed the trial to the next sittings, on
paying the costs of the day. The defence was not opened, but it appeared on
cross-examination to amount to a charge of kitting against the plaintiff.
EQUITY BUSINESS. Although we stated last week that there were six causes
on the paper, yet not one of those was tried; either they were not ready or
had been settled. JONES and ANOTHER v. GARLAND was settled and struck out
of the paper. In the cause of KINSMAN and OTHERS v. KINSMAN and OTHERS, a
decree was taken subject to a reference; and WOOLCOMBE v. ROBINSON was to be
dismissed for want of prosecution. The three other cases STEVENS v.
STEVENS, THOMAS v. GEACH, and CROSBIE and OTHERS v. ROBINSON, stand over.
MOTIONS. WILLIAMS v. NICHOLLS. Mr. STOKES obtained a rule nisi for a
new trial in this case, which was heard on Saturday, on the ground that the
verdict was against the weight of evidence, but his Honour observed that he
thought his opinion would be against the rule being made absolute for a new
trial, only he did not wish to decide hastily.
FOX and OTHERS v. WILLIAMS. SAME v. SAME. Mr. ROBERTS said that in
these causes there had been decrees for the sale of the materials of Wheal
Henry mine, in the parish of Wendron, for goods sold and delivered. The
Registrar had made his report, and he now moved for the consolidation of the
causes. Rule absolute granted.
TUESDAY, AUGUST 29, COMMON LAW. DONNITHORNE v. CURTIS. In this case,
Mr. BENNALLACK had obtained a rule nisi to set aside an interlocutory
judgment, which he now moved to have made absolute. Mr. HOCKIN appeared to
show cause against the rule being made absolute, and objected that in one of
the affidavits in the cause the party signing the affidavit had only used
the initial of his Christian name, instead of signing the name in full. He
held this to be fatal to the affidavit, and in support of his opinion, cited
a case referred to in the Law Journal. Mr. Bennallack said he signed twenty
affidavits in the course of the year, and that he always signed " J. F.
Bennallack," to which no objection had ever been made in the superior
courts. If the Christian and surname were set out in full in the title of
the cause, he believed that was quite sufficient. The Vice-Warden said his
recollections were that it was not necessary; but Mr. Hockin having cited a
case, he would enquire as to the practice, and give his decision at an early
EQUIT. MOYLE v. PINCH, and MOYLE v. KNIGHT. The rules nisi were made
absolute for sale of defendants' shares in Beam mine; the sale to be left to
the Registrar by consent of parties. Mr. STOKES for plaintiff; Mr.
BENNALLACK for defendants.
FOX and OTHERS v. WILLIAMS. Mr. ROBERTS, in these consolidated cases,
moved the confirmation of the Registrar's report. The Registrar had
reported, in his usual way, that he had made the sale. The dividend was
20s. in the pound, and a surplus, which was very small. His Honour - That
is as large as you can expect in these times. Indeed I often observe that
the dividend in this court is often remarkably large: I have known 12s.,
13s., and 14s. in the pound, and now you come with 20s. in the pound. Mr.
Roberts - Yes, with a balance of GBP10. Report confirmed.
PRACTICE OF THE COURT. GLASSON v. HOCKING. Mr. STOKES said a small
debt case was tried at the January sittings, and an objection was taken to
the jurisdiction. A verdict was given for the plaintiff, but subsequently a
rule absolute was obtained for a new trial on the ground that there was not
evidence at the trial to warrant finding the man a miner. The defendant in
that case should have served his rule for a new trial after he had obtained
it. That was not done, and no steps had been taken from that time to the
present, and the question arose as to what situation the plaintiff was in;
was he not entitled to have his judgment as if no rule for a new trial had
been obtained? The Vice-Warden said he doubted whether Mr. Stokes could
have judgment without the intervention of the Court. The course would be to
apply to the Court to perfect the old trial. Mr. HOCKIN said he got the
rule on behalf of the defendant, and Mr. Stocks had issued no new summons.
Mr. Stokes said he had not been served, and did not know regularly that the
rule had been obtained. A new trial was always obtained on payment only of
the costs of the first trial. The Vice-Warden said if the defendant did not
act upon his rule, then the only question was whether the old verdict should
not be acted on, that now being tied up by the rule. His impression was
that it could not be done without an application to the Court. Mr. Hockin
said he would undertake to serve his friend with the rule or to settle the
case. The Vice-Warden said the case was not before him at present, and he
would consider of it.
8 SEPTEMBER 1843, Friday
TESTIMONIAL OF RESPECT TO A CLERGYMAN. On Saturday last, a meeting was
held at Trevenson schoolroom, Illogan, for the purpose of presenting to the
Rev. George TREWEEKE, the rector of that parish, a silver tea service, which
had been subscribed for by the parishioners during the absence of the Rev.
Gentleman, while he was travelling on the continent for the benefit of his
health, which has of late, we are sorry to say, been much impaired. The
parishioners were anxious to express their regard and affection for their
rector, and came forward most liberally with their subscriptions. Mr. Joel
BLAMEY acted as treasurer, and Mr. Wm. HARRIS as secretary; and the money
subscribed was GBP67. The service, which was all handsomely engraved,
instead of being embossed, weighed 100 ounces, and consisted of a
coffee-pot, tea-pot, milk-jug sugar-basin, butter-cooler, salver,
sugar-tongs, and butter knife, on all of which were the Rev. Gentleman's
arms and crest. The salver stated that the service was presented, A.D.,
1843, to the Rev. GEORGE TREWEEKE, M.A., Rector of Illogan, by his
Parishioners, as a mark of their high estimation for his character, as a
friend, a Magistrate and Rector of their Parish for a period of 21 years.
At the meeting, Wm. REYNOLDS, Esq., of Trevenson, took the chair, and in
presenting the plate to Mr. Treweeke, dwelt on the high respect and regard
entertained for that gentleman's character by all his parishioners. The
Rev. Mr. Treweeke returned thanks, in a speech marked by deep and
impassioned feeling, and spoke of the kind manner in which his parishioners
had uniformly treated him, and of the happy terms on which they had always
lived together during the long time that he had been associated with them as
their rector. The Rev. Gentleman was followed by Mr. Thomas HICHENS, who
enlarged upon their pastor's merits, and then adverted to the valuable
services which had been given, on this occasion, by the Treasurer and
Secretary, Mr. BURGESS followed by these remarks by some further
observations of a similar character after which Mr. Joel BLAMEY observed
that had they known that the parishioners would have come forward in so
generous a manner as they had done, they might have had a service of double
the amount in value, for there were several sums of money returned to the
subscribers in consequence of their not being wanted; besides which others
had come forward with money, but a surplus being in his hands, and the plate
have been fixed upon, the money was not taken.
REMOVAL OF THE FALMOUTH PACKETS. On Wednesday last, the superintendent of
the packet service Capt. ELLICE, R.N., gave a farewell dinner to his
officers and several gentlemen on board the "Astraea," preparatory to his
leaving Falmouth for Southampton. The "Astraea" is to remain at Falmouth at
present with a commander and a smaller crew than the present complement.
PILCHARD FISHERY. Mevagissey. The whole of the seans belonging to this
place shot last week, and took about 300 hogsheads of fine fish.
Goran Haven. The "Friendly Society" scan took in Mevagissey bay last week
between 20 and 39 hogsheads of fine pilchards. All the men are actively
employed on the sean and drift fishing, and, last week, the women, assisted
by the dusty miller of the place, shot a ground sean, and secured 3000
pilchards, large quantities of mackerel, shad, hake, &c., amongst which was
a very fine salmon. The greatest activity prevails, and there is every
prospect of a good season.
Fowey. The seans here have done nothing worth notice this past week. A
few small fish only have been taken; but the prospect is still cheering.
Newquay. During the latter part of last week, large quantities of fish
were seen braking off this place, but none have yet been taken. It is
generally believed that they are making up channel.
Looe. The fishery here and at Polperro is at this time very slack, not
more than three to four hundred pilchards per boat having been taken for the
last week, and some of the boats have not taken half that quantity. Nothing
has been done at Looe by the seans, but at Polperro one sean has caught six
MARAZION AND MOUNT'S BAY REGATTA. This regatta come off in Mount's Bay,
on Monday last, when the day being beautifully fine, there was a large
gathering of the lovers of these aquatic sports from all the western parts
of the county, including the "Cornwall" and "Brilliant" steamers, both of
which had their decks crowded with passengers. The first race was commenced
by the third class boats, for two prizes of a silver cup and GBP2; five
boats started, and the race was an interesting one, the winning boats being
the "Lion," belonging to F. THOMAS, of Marazion, and the "Hebe," J. L.
PAULBY, of the Mount. The first prize had since been claimed by the second
boat. The next race was between 19-feet lug-sail boats, for three prizes,
and the race was well-contested between five boats. The prizes were won by
the "Kitty," of the Mount, C. DUSTING; the "Stranger," of Porthleaven,
Edward WILLIAMS; and the "hero," of the Mount, J. JAGO. Four oars started
for the prizes for lug-sail boats of 17 feet, and they did their work
remarkably well, the following winning:- "Alert," of the Mount, J. JOHNS;
"Goodwill," of Penzance, F. FORD; "Como," of the Mount, G. JAGO. The next
race was between the 15 feet luggers, in which the "John," of Perranuthnoe,
Wm. JAMES, and the "Blue Boy," of Perranuthnoe, James ROWE, were the
winners. The next race was for a handsome silver vase, value GBP10, in
which three boats were to have started. But there being only two, the
committee altered their rule so as to allow of a race between these, and the
contest was between the "Mischief," of Penzance, J. RICHARDS, Esq., and the
"Comet," late ("Jackdaw,") of Falmouth, E. P. FOX, Esq. In this race the
boats came in contact with each other, so as to put an end to the sport,
which was exceedingly good, and the "Comet" refused to run again. The
second class yachts next took their station, three starting, and the "Blue
Eyed Maid," of Falmouth, Mr. MAYN, took the shine out of "Ripple," of
Penzance, and "Gazelle," of Newlyn. There was no race for six oared gigs,
only two having entered, and one of those came from Hayle overland. The
committee presented the men who brought her with 30s. for their trouble.
Four four oared gigs started, and afforded much sport, the "Mary," of
Penzance, H. KING, and the "Sylph," of the Mount, A. DUSTING, coming in
first and second. The punt chase was good while it lasted, but punt chases
are disappointments unless the punt rowers can hold out. In the evening
about 50 gentlemen dined at Mr. SEALY's, which is one of the very best inns
in the west of England, and always affords good dinners. Richard PEARCE,
Esq., mayor of Penzance, presided, and Capt. BLIGHT acted as vice
president; the evening was spent in a very sociable and agreeable manner.
SMUGGLING. On Monday last, on the arrival of the "Brilliant" steamer, at
Penzance, from the Channel Islands, &c., a considerable number of passengers
landed among whom was a gentleman who had in his pockets a bottle of brandy
and two or three bottles of claret, which being discovered by one of the
Custom-house officers, were, of course, immediately seized. The seizure
having been reported to the Collector, an examination took place, the
articles were declared to be forfeited, and the gentleman was obliged to
leave his brandy and claret behind him, and to pay a fine and expenses.
REAPING EXTRAORDINARY. On Friday last, Henry OATES, and John PHILLIPPS,
servants of Mr. George ELLIS, of Benowall, in the parish of St. Buryn,
performed the extraordinary feat of reaping one acre and a half of wheat,
containing 1,800 sheaves.
FOWEY CONSOLS MINES. The weather has been so intensely hot during the
past week as to prevent the usual ventilation in some of the levels of these
mines. On Friday last the air was so completely exhausted that a lighted
candle would not burn. The miners very properly abandoned their work in
season, otherwise the consequences would have been fatal to most of them.
SUNDAY SCHOOL TREAT. On Friday last, the children belonging to the
Methodist New Connexion Sunday-school were plentifully regaled with tea and
cake, in a field at the top of Lemon-street, which overlooks the town,
kindly lent by Mr. CARNE for the occasion. Early in the afternoon, about
200 children assembled at the chapel, in Castle-street, with their teachers,
where an admirable address was delivered to them by the Rev. W. MILLS; after
which a procession was formed, which passed through some of the principal
streets to the field. The repast being over, the children having indulged
in their juvenile gambols, they were taken back to the chapel, and
dismissed, greatly pleased with their treat. The teachers then took tea
together, and the evening was spent in an agreeable and profitable manner.
We understand the school is conducted strictly on religious principles, and
is in a state of considerable prosperity.
TEA TREAT. On Thursday, the 31st ult., a number of old women, about
seventy, were regaled with tea and cake, at Lanner, Gwennap, the treat being
given by the young men of the neighbourhood. Several young ladies came
forward on the occasion, and conducted the affair in a manner highly
gratifying to all parties. After tea, appropriate speeches were delivered
by Capt. S. DAVEY and others, and the old ladies went home in high spirits.
TRURO HUNDRED PETTY SESSIONS. At these sessions, held in the Town-hall,
Truro, yesterday, before E. TURNER, Esq., M.P., Capt. KEMPE, E. COLLINS,
Esq., Major POLWHELE, and H. P. ANDREW, Wm. TREBILCOCK, an omnibus and van
driver, of Truro, was charged with furiously driving an omnibus on the
Redruth road, on the 17th ult. It appeared from the evidence of Mr. BERRY,
of Truro, the complainant, that on the day in question, he was returning
from Polberou mine in Mr. VIGERS's carriage with that gentleman, when the
defendant, who was in a state of intoxication, endeavoured to frighten the
horse by driving his omnibus at a very furious rate down the hills, at
Chevelah and Higher Town, though warned to desist, in doing which the wheel
of the omnibus came in contact with the carriage, and but for the skilful
management of his horse by Mr. Vigers, the probability is that the carriage
would have been overturned. The defendant was fined 40s., and in default he
was committed to one month's hard labour.
DARING ROBBERY. On Sunday evening last, whilst Mr. Joseph OLIVER, of
Breage church-town, shoemaker, was at chapel in the village, his house was
broken open and GBP100 in cash stolen. Suspicion fell on two neighbours
called BEAGLEHOLE and BLEWET, who were immediately apprehended; and shortly
afterwards they made a full confession, and gave up to the constable GBP30
of the money. It is said they have been set at liberty under a promise of
giving up the remaining GBP70.
HAYLE RAILWAY. On Friday afternoon last, as the second afternoon down
train from Redruth, laden with ore and passengers, reached the branch line
which leads to the north quays of Messrs. SANDYS, CARNE, and VIVIAN, Hayle,
a tremendous crash took place. The rail at that part of the line being
under alteration, the sleepers were bared, and the rail temporarily laid on
them. Before the train arrived at the branch line, the passenger carriages
were, as usual, cast off for the terminus, and following the train by the
given impetus. The engine proceeded on with the rest of the train to the
diverging line, and when it reached the place under alteration, the rail
slipped off the sleepers, and the foremost carriage was thrown off, turned
upside down, and dashed to atoms. The second carriage was piled on the
first and destroyed, and the third on the second. The fourth was brought up
by the third, and the rest of the train by the large granite sleepers, the
whole having been forced off the rail. By that time the passenger carriages
ran on and were brought up against the engine. We rejoice to state that
only a few persons were slightly bruised and frightened. When the train
reached that place, some one of the train generally runs forward on the
carriages to the foremost carriage. Fortunately, in this instance, he had
only got so far as the last but one; when he was hurled on the cliff
uninjured. Had he been in the foremost carriage, he would have been crushed
to death. If some one had dragged the passenger carriages, that collision
might have been prevented. Each carriage contained three and a half tons of
ore, and although no ore was lost (being in sacks), the damage is estimated
ACCIDENT AT TRESAVEAN. On Thursday, the 31st ult., at the time of
changing the afternoon "corps," Peter WILLIAMS, a lad about fourteen years
of age, was [attending?] by the Man-engine, when making a false step, he
fell a depth of twenty-eight fathoms, and was so much injured that he died
in a short time after having been brought to the surface. This is the first
accident which has occurred with the machine, and we hear it is solely to be
contributed to the carelessness of the unfortunate person himself.
ACCIDENT FROM LIGHTNING IN A MINE. On Saturday morning, the 19th ult., as
three men, named Thomas BENNETTS, James BENNETTS, and Richard DOWNING, were
at work in the shaft of Parkenoweth mine, about 110 fathoms below the
surface, during the thunder storm which then prevailed, they were all three
struck by the electric fluid, and, for a short time, were deprived of their
senses, but happily, without receiving any further injury. It is supposed
that the lightning must have stuck the chain, and so was conveyed down the
CORONER'S INQUEST. On the 4th instant, an inquest was held before W.
HICHENS, Esq., coroner, in the parish of Illogan, on the body of Matthew
HOCKIN, aged 14 years, who on the 2nd inst., whilst attempting to life an
iron cannon at Carn Brea mines, fell backwards, and the cannon falling on
his bowels, so injured him as to occasion his death on the following day.
Verdict - Accidental death.
HER MAJESTY'S VISIT TO FALMOUTH. To the Editor of the West Briton. Sir,
- Lest you should not have received an account of the proceedings of our
Cornish Mayors, and the figure made by them on the occasion of the Queen's
visit to Falmouth, I bet to transmit a sketch of the impressions made on
myself by what I saw and heard of the doings of those important personages.
As if excited by historic recollections of good Queen Bess's royal tours,
their Worships on the line of the Royal progress have endeavoured to prove
themselves no whitt behind their predecessors in eccentricity. Already,
before the Queen reached Falmouth, I had heard of the gallantry of the Mayor
of Southampton, at the reception of the Queen, who, the day being rainy, and
a part of the causeway prepared for the occasion exposed to the weather,
eagerly doffed his scarlet robe, and laid it down that her Majesty might
walk over without annoyance from the wet. The Queen, was amused and
gratified by this spontaneous imitation of the famed Raleigh's gallantry to
the maiden Queen at the Tower of London, and the cloak has become for the
worthy mayor, a relic, and will doubtless be a heirloom for his family, if
not the cause of knighthood to himself. At Falmouth, the Mayor being a
Quaker, was presented with his hat on, which he did not remove, and he chose
to trust to the Queen's good sense rather than employ another to remove it
for him. His Worship, however, contrived to convey so much respect in his
salutation, and bowed with so much natural dignity, that the unmoved hat
conveyed no impression of a want of courtesy. I suppose Mr. FOX shrewdly
considered that the reading of a tedious address with his hat on, would have
a very different effect, for he had slyly contrived to send the Town
Council's address by another boat; and after fumbling in his pocket for an
instant, with, perhaps, an involuntary artifice in pretending to search for
it there, he retired soon after being presented. Her Majesty, as well as
Prince Albert, seemed pleased and interested in their short conversation
with the Mayor, by this, I believe, first specimen of Quaker manners towards
herself; and although the address of the Town Council was not presented
until afterwards by Lord Aberdeen, his Worship succeeded in making her
Majesty and the spectators admire his own address.
At Truro, the Mayor and Corporation were, as a matter of course, in
excitement, on receiving the intelligence of the intended Royal visit, and
the "Dart" steamer, I understood, although this was subsequently
contradicted, was engaged to convey them to her Majesty's steamer. So much
uncertainty, however, hung over her Majesty's movements, and so much
contradictory information was received, that eventually a few of the
Corporation left in separate conveyances, the Mayor proceeding in all hurry
by land. I can scarcely credit what I have heard of the Tory members of the
chief town in Cornwall being unwilling to offer any mark of respect on the
occasion, and that the preparation and responsibility of the address were
thrown on the Mayor and such of the Council whose Whig principles would
allow of loyalty to their Queen. Be this as it may, I am assured that his
Worship arrived at Falmouth with an unsealed, and even an unsigned address
in his pocket, where he was fortunate enough to meet with a couple of
Falmouth gentlemen proceeding to the sight, one of whom being an ex-Mayor
was able to provide an ex-cloak, of scarlet cloth, I believe, or something
equally gay. Lamb-like as had been his Worship's submission to the
unaccountable neglect or disloyal conduct of his Council, his ire was roused
on finding himself on board a small punt at the moment that her Majesty's
steamer was seen approaching. A few moments of perplexing irritation and
embarrassment ensued, when a lucky accident rescued his Worship from his
dilemma, and I had almost said the honor and credit of the chief town of
Cornwall from being sacrificed; whilst a splash in the water, and the sudden
appearance therein and flounderings of his Worship immersed, immersed to the
neck, drew universal attention from the Queen to himself. Fortunately Mr.
LAMBE could swim, and as he contrived to keep his head above water, and his
face in the direction of the Queen's steamer, the spectators were excusable
in imagining that this might be a part of the ceremonies of the day,
especially as the ex-Mayor of Falmouth, instead of assisting his Worship of
Truro, was eagerly demanding and reaching for the cloak, apparently
intending to display it behind his Worship. It is not improbable that the
Queen would have arrived on the spot in time to have received the
representative of Truro as a messenger from the mighty deep, and the
immersion might have passed off as a part of some gay pageant, or as a
masquerade of some merit and originality, had not one of your establishment,
Mr. Editor, pulled his Worship out of the water. I do not know if Lord
Aberdeen announced the attendance of the Mayor of Truro as in the water, or
on the water, but the reason assigned for his non-presentation appeared
perfectly satisfactory to the Queen, and the incident afforded no small
amusement to the spectators, none of whom, however, appeared to take it more
merrily, or to feel more cool than the worthy Mayor himself. My attention
was called from his Worship's mishap to the stage barge of the Penryn
Corporation, in the bow of which stood the two sergeants gaily attired, with
maces upheld, and in the stern the Mayor and Corporation in their
paraphernalia of office. The effect on reaching the Royal steamer, and
whilst advancing to her Majesty, was sufficiently imposing, and the Mayor
expressed his hope that her Majesty had witnessed and was satisfied with the
loyalty and attachment of her Cornish subjects, to which he received a most
gracious reply. I am, Sir, Your very obedient Servant, OBSERVER.
September 2, 1843.
IN THE COURT FOR THE RELIEF OF INSOLVENT DEBTORS. Notice, pursuant to a
Rule of the Court for Relief of Insolvent Debtors, in the matter of JOHN
THOMAS, an Insolvent Debtor, heretofore of Charlestown, in the parish of St.
Austell, in the County of Cornwall, Smith and Iron Founder, the matters of
whose Petition were heretofore appointed to be heard on a day gazetted for
the same, and now past. Whereas application, supported by affidavit, has
been made by the Devon and Cornwall Banking Company for the Provisional
Assignee of the said Court to make, or join in making a conveyance or
assignment of an interest now vested in him (no other person having become
Assignee), in certain Lands and Tenements, namely a piece of Land and
Foundry, situate at Charlestown aforesaid, which interest is represented to
be of no value to Creditors; any Creditor or other person concerned in
objecting to such application must show cause in person or by Counsel,
against the same, in the said Court, in Portugal street, Lincoln's Inn
Fields, on Wednesday, the twenty-seventh day of September, at Twelve o'clock
at Noon, when the Court will proceed thereupon pursuant to the statue. H.
W. and W. C. SOLE, Aldermanbury: and J. W. JEFFERY, St. Austell, Attorneys
for the said Applicant.
15 SEPTEMBER 1843, Friday
THE QUEEN'S VISIT TO FALMOUTH. We understand that Mr. J. G. PHILP,
artist, is preparing a painting to commemorate the interesting visit of her
Majesty to that beautiful port, and that an engraving of the picture, in the
first style if tinted lithography, will be published without delay. We
doubt not from the beauty of the scenery, and the know talent of the artist,
that a picture worthy of the occasion will be produced.
IMMENSE EEL. On Tuesday last, as the servants of the rev. Canon ROGERS
were drawing the net in the Loe pool, for trout, they caught an immense eel,
weighing five pounds and a half, and measuring 5 feet 6 inches. It is the
largest that has ever been caught in that pool.
MONSTROUS SUN FISH. On Sunday evening last, the fishermen of St. Ives
caught one of these curiously shaped fish, which was about half a ton
weight; and on Monday it was taken in a cart to Helston for exhibition. The
sun fish rarely visits our coast, and this was considered by far the largest
ever seen at St. Ives.
EXTRAORDINARY PERFORMANCE. Last week, Mr. Wm. HARRIS, a gentleman farmer,
of Kelly Barton, in the parish of Lanreath, upwards of 81 years of age, cut
an acre of barley in four hours. Though the gentleman is not a teetotaller,
his habits have ever been regular and moderate.
REDRUTH WRESTLING. This wrestling came off on Tuesday, Wednesday and
Thursday, the 29th, 30th, and 31st ult, the heavy rain that fell having
rendered it impossible to conclude the sport on an earlier day. The
following list of the competitors will show that almost every wrestler of
note in the county took part in the proceedings:- W. CARNSEW, JOE HODGE,
and R. IVEY, of Sithney: BENNETS, and J. WILLIAMS, of St. Just; W. HART,
and E. BERRIMAN, of Ludgvan: JEFFREY, JAMES MURTON, and NORTHEY, of
Chacewater; W. RODDA, R. BERRIMAN (Dicko), and O. WILLOUGHBY, of Illogan;
CARVETH of Liskeard: HAMPTON, of St. Agnes; BONDS, BRAY (Tabby), and PASCOE
of Redruth; OLIVER (ROPER), JAMES SYMONS, and R. TERRILL, of Camborne; and
many others for whose names we have not space, little inferior to those
enumerated. The patrons of wrestling were greatly delighted with the
contests, and particularly with the following which displayed great science
and strength, the first prize in each case being that of the victor:- HODGE
and CARNSEW, IVEY and E. BERRIMAN, BENNETTS and MARTON, HART, and WILLIAMS,
RODDA and BENNETTS, HART and R. BERRIMAN, HART and HODGE, BRAY and SYMONS,
BRAY and OLIVER (ROPER). The last contest ended in a loss, which the Roper
lost. The order throughout, and equal matching, gave unanimous
satisfaction, as was evinced by both spectators and players. The prizes
were awarded as follows:- First a goblet, value GBP7, to W. HART of
Redruth; second, a silver cup, value GBP4. 10s. to JOE HODGE, Sithney;
third, a silver cup, value GBP2. 10s., to JOHN BRAY, Redruth; fourth, a gold
laced hat, to W. RODDA, Crowan; fifth, a silver-laced hat, to R. BERRIMAN,
Crowan. The umpires were Mr. D. HICK, Kenwyn; Mr. BENJAMIN BARAGWANATH,
Gwennap; Mr. W. ROSEWARNE, Illogan, and Mr. ELLERY, of Chacewater: and their
decisions gave such general satisfaction that there was not a single appeal
to the committee by the thrown man, or a murmur from any part of the ring.
CRICKETING. As soon as it was known that the match between the Truro and
Penzance cricket clubs was not likely to come off, owing to a dispute, the
junior club at Redruth, although without practice since their victory over
the Cambornites two months back, forwarded a challenge to Penzance, the
players on both sides to be under the age of nineteen. The result was, that
the active secretaries of the three Penzance clubs soon selected the
necessary forces, which they thought must prove victorious. But in this
they were mistaken, for after a delightful contest, which took place at
Hayle, on the 6th inst., Redruth, "as usual," won the match by three runs
and four wickets to go down. Their success may be ascribed to their
undoubted superiority in batting which was the admiration of the numerous
parties on the ground, as was that of a youth named JAMES, on the Penzance
side, who promises one day to be a distinguished player. The bowling of
TONKIN and NICHOLLS was good, and did execution; and they had rather the
advantage in the fielding on their side. A fine catch was made by FRANCIS
at the long bit, which put an end to BEVAN's fortunate batting, while on the
other side, a beautiful catch by LEWIS ended the score on the Penzance side.
The two elevens with their respective friends, retired, on the conclusion of
the match, to CROTCH's hotel, where a fine spread awaited them, to which
upwards of fifty sat down under the presidency of Mr. CARDOZA, who was most
ably supported by Mr. HEMMINGS, the secretary of the Penzance junior club,
and harmony reigned throughout the evening. The Redruth party ordered a
special [....?] to be in readiness to convey them home, and the [...?] of
that town, met them "as usual," as they entered, crowned with fresh laurels
from the west[?]
SUNDAY SCHOOL TREAT. On Thursday, the 7th inst., the children attending
the Sunday school of the established church, at Callington, about 140 in
number, were regaled with tea and cake in the national school, which was
decorated with evergreens and flowers for the occasion. The children were
waited on by ladies of the town and neighbourhood, who take an interest in
the Sunday school, amongst whom we perceived Mrs. HORADON, the Misses HAYE,
Misses FLETCHER, Mrs and Misses KINSMAN, Misses MARTIN, Mrs. Capt.
MESSENGER, Mrs. PIGOT, Misses RICHARDS, Misses RICE &c. The proceedings
passed of very pleasantly.
COURT OF BANKRUPTCY FOR THE EXETER DISTRICT. On the 6th instant, Henry
PENBERTHY, of Helston, builder and auctioneer, obtained final order.
WANTON OUTRAGE. On Friday night last, some villains, among other misdeeds
which they perpetrated, tore up the plants and fruit trees in the garden of
Mr. WM. STRIKE, near Inch's Quay, Fowey. We are sorry to hear that the
depredators have not yet been discovered.
APPOINTMENT. Lieut. HERRICK, has been appointed to command H.M.S.
"Astraea," with a reduced complement, vice Capt. ELLICE, removed to
Southampton, to superintend the arrival and departure of the mail steamers.
The old crew of the "Astraea," was paid off on Monday last.
STRATTON AND BUDE. Mr. GURNEY's mansion at Bude has been engaged for Lord
JOHN RUSSELL and family, with Lord RIBBLESDALE, &c. &c., and their arrival
here is hailed with no small gratification. The weather is splendid, and
our far-famed beach now begins to assume its usual summer appearance. Many
groups may every evening be seen about on the rocks, enjoying the sea
breezes after a burning day; and the surrounding corn-fields, "rich with
nature's gifts," add fresh beauty to the scene.
TRURO UNION. At the weekly meeting of the Board of Guardians, held on
Wednesday last, Mr. WILLIAM CLYMA, of Truro, was elected auditor, in the
place of the Late Mr. DRYDEN.
HYDROPHOBIA. On Sunday se'nnight, a most decided case of Hydrophobia
occurred at Camelford, the unfortunate sufferer being a daughter of Mr. JOHN
BALL, and aged 9 years. She complained of being unwell on the previous
Friday and Saturday, but on Sunday she was worse, and a medical gentleman
was called in, who on seeing the patient, enquired if the parents knew of
the child having been bitten by a dog? Immediately it occurred to Mr. Ball
that about ten weeks before that time his daughter accompanied him to
Plymouth, and in walking towards Crabtree, a small spaniel followed them
about two miles, when it sprang at a pig by the side of the road, and Mr.
Ball called it off; upon which it came round them and bit the child on the
leg, breaking the skin in three places. The wounds healed in a few days,
and nothing more was thought of the matter until the dreadful disease
appeared which terminated in death on Sunday about midnight, the poor girl
continuing all day in the most distressing state that can be imagined,
shuddering at the last current of air, or even the mention of water. An
inquest was afterwards held on the body, and a deodand would have been
levied had it been known to whom the dog belonged. The jury requested the
coroner would communicate with the authorities at Plymouth and Devonport, in
order, if possible, to prevent further mischief.
BITE OF AN ADDER. Last week, an apprentice girl, at Newham farm, near
Helston, was bit in the hand by an adder. For some time it was thought that
amputation of the arm must have been had recourse to; but it is now stated
that the girl is in a fair way of recovery.
SERIOUS ACCIDENT. On Saturday morning last, as a youth, named PETER
RENFREE, son of Mr. Renfree, shoemaker, Redruth, who had climbed on a wall
near the school, was moving further on the wall, on which there was a large
loose stone, to make room for another schoolboy, the stone gave way, and he
was thrown to the round. The stone fell on him, and nearly severed his left
arm from his body. He has since had his arm amputated, and is now going on
SERIOUS ACCIDENT. On Tuesday evening last, WILLIAM PAUL, a sailor
belonging to the "Twins," Capt. COOPER of Falmouth, wishing to reach the
vessel, which was moored off Garras Wharf, Truro, attempted to climb over
the gate, in doing which one of the spikes ran through his right thigh close
to the bone. The poor fellow was soon afterwards found on the spike, and
has been since removed to Falmouth.
CORONER'S INQUESTS. The following inquests have been held before J.
CARLYON, Esq., coroner, since our last report:- On the 10th instant, at
Penryn, on the body of MARY ANN PERRY, aged 61 years, one of the paupers in
the Union-house, Penryn, who caught her clothes on fire the preceding
evening, and was literally burnt to death. The deceased's bed-room was
inside the room set apart from the boys, and she went to bed on Saturday
evening about eight o'clock. Shortly afterwards, some of the boys went
upstairs, and on their return said their room was full of smoke. JOSEPH
HUNT, one of the paupers, in going up to see what was the matter, found the
deceased on the floor, outside her bed-room, with all her clothes on fire.
He immediately rolled her in the covering of a bed, and did what he could to
extinguish the flames, and Mr. STREET, surgeon, was sent for, who arrived in
a very short time, but she was dead before he reached the house. Verdict -
On the following day, at Redruth, on the body of OLIVER BASHER, a lad 13
years of age, who, on Saturday last, was thrown out of a cart belonging to
Messrs. MAGOR, and CO., and was so seriously injured that he died the
following morning. It appeared that the horse took fright at some donkies
laden with sacks of coals, passing along the road at the bottom of the town,
started off, and ran the cart up against a post. The deceased was thrown
out by the concussion, and fell on his belly. When first picked up he was
insensible; but on being taken to a neighbouring house, and having had a
little brandy given to him, he soon revived, and it was hoped that he had
received no serious injury. He walked home afterwards to the top of the
town, and did an errand on which he had been sent by his mother. He soon
after however, became sick, was put to bed, and died in the course of the
night. Verdict - Accidental death. Deodand on the horse and cart 1s.
THE BUDE LIGHT. We understand this light will be introduced into
Launceston Church, on Sunday evening next.
22 SEPTEMBER 1843, Friday
CORONER'S INQUESTS. On Tuesday se'nnight, an inquest was held at Bude,
before J. HAMLEY, Esq., coroner, on the body of a lad, nine years of age,
son of Mr. JOHN GOMAN, harbour master, who was drowned in the Canal, having
fallen out of a boat in which he was amusing himself. Verdict accordingly.
On Wednesday last, an inquest was held at Consols, before JOHN CARLYON,
Esq., coroner, on the body of BENJAMIN MICHELL, who was 23 years old. The
deceased and his comrade were hauling apiece of ground on Tuesday at noon,
and at the same time other men were working upwards from below, who, having
to blast some country, cautioned deceased and his comrade, but they
believing that the explosion would not affect them, went but little out of
their way. The result was that the deceased was killed in consequence of
the blasting. Verdict, accidental death.
HELSTON. The Rev. C. A. JOHNS, head master of the Helston grammar-school,
have been licensed by the bishop of this diocese to the curacy of St.
Bartholomew's chapel, Porthleaven.
THE FINE ARTS. Last week, a very beautiful window, painted by Mr.
HEDGELAND, of Lisson Grove, London, was placed over the Communion Table, in
Helston church. The subject of the window, the execution of which reflects
the highest credit on the talented artist, is the transfiguration, after the
celebrated picture by Caracci, in the Bologna gallery. In the centre of the
upper part of the window surrounded with bright rays of light, is seen the
Saviour, with Moses on one side, and Elias on the other, "talking with him,"
the subject of their discourse being "his decease which he should accomplish
at Jerusalem." These figures repose on a bright cloud, which separates the
upper group from the lower part of the picture. In the foreground are three
of the disciples, Peter, James, and John, who accompanied Christ to the
Mount, two of them, absorbed in admiration, are looking earnestly on the
Saviour while the other in equal astonishment , is kneeling, and in the act
of adoration. At the foot of the window is the following inscription:-
GEORGE SIMON BORLASE, dedit, Obt. xix March, 1837.
SACRILEGE. On the night of Sunday, the 10th instant, the parish church of
St. Mellion was broken into, the chest containing the communion plate was
forced open, and the entire service, of the value of more than GBP50, was
carried off. Active measures have been taken by some of the influential
parishioners to discover the robbers, and a policeman has been in the place
for several days. We are informed that some parties living in the
neighbourhood were strongly suspected of having been engaged in the
business. Last week the Parish Church of Jacobstow was broken into, and the
Sacramental Plate, together with a tin basin, carried away. A reward of
GBP5 has been offered, but as yet no clue has been obtained likely to lead
to the discovery of the parties implicated.
PILCHARD FISHERY. Fowey. No Pilchards have been taken during the past
week, though large shoals are seen at a distance from the shooting ground.
St. Ives. No pilchards have been seen from the hills during the week.
FOWEY SALMON FISHERY. In consequence of the praiseworthy care taken of
the young salmon by the conservator of the river Fowey, the salmon harvest
bids fair to exceed those of former years. Several very fine fish have been
caught in the harbour.
FALMOUTH NATIONAL DAY AND SUNDAY-SCHOOL. The condition of this
institution is anything but satisfactory, and it is purposed by its friends
to personally solicit the assistance of the parishioners towards redeeming
its former character for usefulness to the youth of both sexes. The funds
are very low, and quite inadequate to its exigencies.
THE MARCH OF KNOWLEDGE. A society for the Promotion of Useful Knowledge
has just been established to meet at the vestry of the Wesleyan chapel,
Carleon, near Wheal Vor, under the presidency of Capt. THOS. RICHARDS, the
THE PARISHIONERS OF FALMOUTH AND THEIR MINISTER AGAIN. Since the receipt
and publication of the Bishop's letter, in reply to a memorial of the
parishioners of Falmouth, respecting certain alterations which had been made
in the mode of divine worship in their church, there has been an apparent
calm. But it was only apparent. The elements of discord were not
destroyed, but merely stifled, and a fitting opportunity alone was wanted to
call their latent energies into determined activity. The truth of this was
strongly exemplified in the proceedings at the vestry held on Thursday the
14th instant. For some time past, the church organ has been in a miserable
condition, and it is now in such a state as to require immediate repair.
The churchwardens, Messrs BRADFIELD and PASKO at first intended to effect
the necessary alterations by a voluntary subscription, and each of these
gentlemen subscribed a guinea, and the curate, Rev. W. MARSHALL, five.
Finding, however, that the tradesman who sent in an estimate for the work
was unwilling to abide by his agreement, and that they could form no
accurate calculation of the amount of money the repairs of the organ would
cost, they abandoned their first resolve, and immediately called a public
vestry to take the matter into consideration. Organ or no organ became the
question, and all those persons who felt sorely aggrieved at the Puseyite
innovations which have recently been the cause of so much discontent and
ill-will, where in attendance. The vestry was purely one of church-going
people, whatever may be said to the contrary, not more than half a dozen
Dissenters, including Friends, being present; and it embraced the oldest
followers and most respectable members of the church. Mr. CLARKE was voted
to the chair, and Mr. Churchwarden Pasko stated the object of the vestry.
The curate, the Rev. WM. MARSHALL, was not present at the commencement, but
came in as Mr. Pasko finished. He immediately made to the chair, and
claimed it as his right. Mr. Clarke politely declined a surrender, but Mr.
Marshall persevered, and said, by the grace of God, he would do his duty.
This indecorous behaviour elicited marked disapprobation, and a motion was
immediately put and carried that all non-rate payers do leave the room. Mr.
Marshall was one of the number, but refused to vacate his seat, and remained
to the close listening to the severe remarks that were made, without saying
a word, save an ejaculation, at intervals, of "hear, hear, hear." A motion
was made that the matter be deferred till the next annual general vestry,
but was lost, and it was resolved to proceed with the business. The feeling
then was so determined against granting any rate for the repairs of the
organ that the attempt was abandoned. One gentleman said, "let those who
prefer the mummeries now practised in the church to the old mode of worship,
find funds for their music." Another and another boldly charged Mr.
Marshall, pointing at him, with having driven both him and his family from
the church he had always loved and supported. "You are endeavouring, and
have endeavoured," observed another, looking at the Reverend gentleman, "to
resuscitate prelatic domination, to overawe the mind by superstitious
ceremonies, and, for private judgment, to substitute the voice of the
Church, which is no more no less than obedience to the arrogance of your own
heart." Some one of the meeting having offered a guinea towards the object
was desired to make it an open question by laying his proffered donation on
the table, and observe how it would be covered. A member of the Society of
Friends gathered up from the proceedings materials for a few just pertinent,
and at the same time, gallingly ironical remarks, on the injustice of
compulsory exactions to support Episcopal fabrics. From every quarter there
came a gust of scornful indignation against Mr. Marshall. In all our
experience we never heard language, devoid of personality, embodying so much
disgust and resentment. It was vigorous, but not vociferous, passionate,
without rashness, strong, yet not vituperative. That vestry again delivered
its verdict against Puseyism, which may be regarded as the second public
display of feeling in Falmouth against this form of Popery; and if the old
form of worship is not restored in Falmouth church, we fear, at the next
general vestry, there will be a third, no less determined than that just
passed, and far more pernicious in its results. Mr. Marshall has now seen
with his own eyes, and heard with his own ears who are his opponents, and
what are their sentiments on his darling principles. If the diffusion of
brotherly love - if the growth of charity - if the extension of peace and
good will - be any portions of his mission, - above all, if the salvation of
souls bears any relation to his office, then let him consider well the
position in which he stands, and the responsibility connected with it. No
excuse can he now urge of ignorance respecting the opinions of his flock.
He has seen that the people of Falmouth will not receive the change which it
is attempted to force upon them at any price; and he may be sure that the
longer it is persevered in, the more bitter will become their objections,
until, reluctantly, they are driven from the church, and out of the reach of
his instruction, to other ministers, which, if we are to believe his own
words, he considers unauthorised and heretical, and therefore, must be
spiritually useless and positively injurious. We have all along regretted
this schism; a little timely concession would have healed the sore, but it
has been left to rankle, and the wound has extended. It may yet be healed,
but the relief must by speedy, or it will be too late.
LIGHTHOUSE ON TOWAN HEAD. We are glad to find the following passage in
the first report of the select Committee on Shipwrecks:- "The numerous
wrecks on the north-west coast of Cornwall, induces your Committee strongly
to recommend that one or more lighthouses should be erected on that rugged
shore. Towan Head appears to your Committee to be the most desirable
situation, as it is in evidence that there is already a small pier near
thereto, which might be extended, so as to render it a fair harbour of
NOBLE VISITORS. Lord JOHN RUSSELL has taken the Mansion of Mr.
GOLDSWORTHY GURNEY, at Bude; and on Tuesday last, the Nobel Lord and his
family arrived there via Launceston. On Wednesday the Marquis of LANSDOWNE
arrived at Carclew, on a visit to his relative Sir CHARLES LEMON, Bart.
TRURO POLICE. On the 14th instant, STEPHEN RESUGGAN, blacksmith, of
Truro, was charged with assaulting MARY WHITBURN, of Truro, and was fined
GBP2 and costs - in default of payment to be committed to the house of
correction for two months' hard labour.
On Saturday, WILLIAM SMITH, of Leicester, was charged with assaulting
ABRAHAM BUCCAS, from Bombay, and was fined GBP2 and costs. In default of
payment he was committed to the house of correction for two months' hard
On Monday, JOSEPH KNIGHT, butcher, of Truro, was charged with assaulting
PRISCILLA HOSKIN, of Lelant, and was fined GBP1 and costs. On Wednesday,
CATHERINE MILL, and JANE MILL, two sisters were committed to the house of
correction for one month each, to hard labour, for riotous and disorderly
conduct in the streets, at two o'clock in the morning.
ALARMING FIRE. On Sunday last, a large rick of hay, belonging to Mr.
OLIVER, of the Hotel, Bodmin, was discovered to be on fire, at his farm,
which is situated a short distance from the town. All efforts to save the
rick were useless, and it was entirely consumed. The fire, it is believed,
originated in spontaneous combustion.
DREADFUL DEATH. On Friday evening, a man named WILLIAMS, aged about 40
years, a carpenter, belonging to a timber ship lying in Falmouth Harbour, in
a state of intoxication, unfortunately fell headforemost from the hay-loft
into the rack at the King's Arms Hotel, Falmouth, and broke his neck. His
death was, of course, instantaneous. It appears that the man had, a few
days before, received GBP10 wages, and had been in a state of intoxication
from that time.
29 SEPTEMBER 1843, Friday
ORDINATION. At an Ordination held by the Bishop of Exeter, on Sunday
last, the following gentlemen were ordained: PHILIP VYVYAN ROBINSON, B.A.,
Christ College; JOHN WILLIAM WARD, B.A., St. John's College; CHARLES
HAYWARD ARCHER, B.A., Balliol College; and FRANCIS EDWARD BASTON COLE, B.A.,
St. Edmund Hall.
REGISTRATION COURTS. On Saturday last, EDWARD SMIRKE, Esq., the Revising
Barrister for the Western Division, held a Court in the Town Hall, Truro,
for the revision of the lists of voters for that borough. The proceedings
excited very little interest; and, besides the parties concerned as agents,
there were scarcely half a dozen persons present. The cases generally were
of no public importance, but we shall notice one of them which had relation
to the duties of overseers towards the public. The recent alterations in
the law relating to registration have prevented the wholesale objections
which used to be made, and the fear of having to pay the expenses of a voter
unsuccessfully objected to, has made the Tories exceedingly careful not to
make frivolous and vexatious objections. The following is the report
referred to above:- In the case of CHARLES GREEN, who was opposed by the
Tories, it was stated on behalf of the voter, that he was a sea-faring man,
at present at sea, and that he paid GBP10 a year rental, and was rated to
that amount. Mr. JOHN TIPPET denied the rental, and said that although
Green was rated at GBP10, he knew that GBP9 only was paid. On the other
side it was reported, that all the other houses in the same street were of a
similar character, and that the parties who occupied them were on the
Register as GBP10 occupiers; and in support of this assertion, Mr. HICKS,
the overseer of Kenwyn, was examined. He stated that Green was rated at
GBP10 a year, as were all the other residents in the same row of houses, but
many of those inhabitants had, at different times, applied to him to lower
the rating, because they said they did not pay so much as GBP10 a year.
This he had refused to do, because although a meeting of the parishioners
have at one time been held at which resolutions were passed that the rating
should in all cases have reference to the bona fide rental, yet a subsequent
meeting had rescinded those resolutions, and ordered him to leave the rate
as he found it.
The Revising Barrister said that he had done wrong in following that
direction: it was the overseer's duty to make out a correct rate, for, at
the end of every new rate, he declared it to be correct "to the best of his
knowledge and belief." Mr. Hicks said he could not but follow the
instructions of the parishioners, and any person who had cause of complaint
might appeal at the petty sessions. Mr. Smirke, in reply, told the overseer
that he had no right to attend, in this matter, to the opinions of any
portion of the parishioners, and that he ought to make the rate correctly,
without putting parties to the trouble and expense of appealing to a petty
sessions for what might, in many cases, be a very trifling reduction. After
these important remarks had been made, the learned gentleman said he should
require further evidence as to rental, and the case was, therefore,
postponed. Eventually the vote was disallowed. The same Barrister sat on
Monday, to revise the County Lists of the parishes in the immediate
neighbourhood of Truro. The business of this Court was also light and of
little general interest. Overseers are now required to lay before the
Court, Bills and Vouchers for Registration expenses, to be adjusted and
certified by the Revising Barrister; without which they cannot in future be
charged to their respective parishes. Among other items a charge was made
for "making out the List," which appears to be recognised by 2 and 3 of
William 4th, but the recent Act on the subject authorising the allowance of
"expenses incurred" only, this item was struck out. But the payments for
printing and posting the lists, and also mileage and expenses of overseers
attending the Court were allowed, and the amount of the whole fixed and
certified accordingly. Overseers neglecting, as they sometimes do, to
attend the Court, at the time and place as advertised for the revision of
their parish, will not only be unable to charge their outlay and expenses,
so as to have them passed in their accounts by the auditor for want of such
certificate, but are further liable to a fine of from GBP1 to GBP5 for each
neglect; which the court may impose in a summary way. So also for
neglecting to make a return of their lists and objections to the County
Clerk (instead of to the Hundred Constable as heretofore,) which it appears
can be done by post pre-paid. The Learned Gentleman intimated his
unwillingness to lay such fines as [first?], but that as overseers now have
ample notice and are furnished with plain instructions as to their duties
with respect to Registration yearly through the Clerk of the Peace, he
should feel bound to inflict them hereafter in cases which might appear to
him to require them.
FALMOUTH. Wednesday, September 27 - H.M. Packet "Express," after
undergoing repairs at Devonport, arrived thence this morning, and will take
the Brazil, &c. mails on the 6th proximo. H.M. Packet "Peterel," Lieut.
CROOKE, sailed this morning for Plymouth, to have her copper repaired, and a
few other trifling defects made good.
BEAM MINE. On Thursday afternoon, the 21st instant, the workmen employed
in this mine, in which MATTHEW MOYLE, Esq., of Chacewater, is the principal
adventurer, were, with their wives, regaled with tea and cake, at Mr.
Moyle's expense. The party, numbering more than a hundred, assembled in the
gardens of Capt. S. ROBINS, near Roche Rock, and the day was most pleasantly
passed by all present. Addresses suitable to the occasion were delivered by
two of the miners, JOHN ROWE of Chacewater, and S. SYMONS, of St. Austell,
after which Mrs. Robins presented Mr. Moyle's donation of cake to the
labourers' wives to carry home to their children. The party then left,
after having offered up a fervent prayer in behalf of their kind and
venerable benefactor, who has ever been solicitous for the welfare of all in
MAJOR-GENERAL GILBERT. This gentleman, well known on the turf in this
county and Devon, has been appointed to a military command in India, and has
left with his family, for London, for the purpose of embarking.
SALTASH. On the 21st last, being St. Matthew's day, WILLIAM HUTCHINSON,
Esq., one of the alderman of this borough, was sworn into the office of
mayor for the ensuing year, and SIMEON PALMER, Esq., into that of justice of
the peace. The mayor afterwards entertained the corporation and a select
party of gentlemen at dinner.
TRURO POLICE. On Monday last, ELIZABETH BAMFIELD was charged with keeping
a house of ill fame in the parish of Kenwyn, in the borough of Truro, and
was committed for trial at the next sessions.
On Tuesday, JOHN WILLIAMS, alias four-fingered-Jack, was charged with
assaulting ELIZABETH WATERS, of Truro, and was fined GBP1 and costs. In
default of payment, he was committed to the house of correction for two
months' hard labour.
JOHN BUCKINGHAM, labourer, of Truro, was charged with stealing a sovereign,
the property of RICHARD STEVENS, of St. Clement. It appeared from the
evidence that Steven's daughter dropped the sovereign, which she had
received from her father, while passing the George and Dragon public-house,
and that the prisoner instantly picked it up, walked off with it, and
refused to give it up when requested. He was committed for trial at the
next quarter sessions.
FALMOUTH POLICE. On Tuesday last, JOHN GOSLING was summoned at the suit
of the Board of Customs, to answer the charge of having harboured and
concealed 1 1/2 lbs. of cigars, which were found in his house a few days
since, by one of the coast guard. The prisoner's attorney, in
cross-examining one of the crown witnesses, elicited that the cigars were on
the ground behind the door, which, he contended, could not be construed into
concealment, and therefore, the charge, as set forth in the summons, could
not be sustained. The court took the same view of the matter, and dismissed
the case, greatly to the satisfaction of Mr. Gosling.
CORONER'S INQUESTS. The following inquests have been held by W. HICHENS,
Esq., coroner, during the present week. At Illogan, on the 25th instant, on
the body of MATTHEW HODGE, who met with his death at Carn Brea mines, in
that parish, whilst at his labour there, on the 23rd, by means of some
ground falling away, and knocking him into a winze, whereby his head
received serious injury, which terminated in his death, almost immediately.
Verdict, accidental death.
On the 2?th, Mr. Hichens held an inquest at Hayle, in the parish of
Phillack, on the body of PAUL HANCOCK, of St. Hilary, aged about 26 years,
who was found drowned in the channel, a little below the Steam Packet Hotel,
at Hayle. There was no evidence to show how his death took place, but it
was generally believed that he fell over the drawbridge leading across the
channel. Cries of distress were heard to proceed from some person in the
water on the preceding evening, between eight and nine o'clock, near that
spot, and endeavours were then used to trace the sound and rescue the
person; but from the darkness of the evening they were unavailing. Verdict,
THE CORNISH TRAVELLERS. Suggested by reading the following paragraph in a
Cornish newspaper: "MENABILLY - In a walk at Menabilly by Fowey, the
seat of WILLIAM RASHLEIGH, Est., which commands a view of Polreadmouth beach
and the English channel, a block of highly-polished Aberdeen granite,
surmounted by a Maltese cross and escutcheon, has lately been erected, which
bears the following inscription:- In recollection of nearly two years
constant travel and uninterrupted pleasure of research throughout Greece,
Egypt, the Holy Land, Arabia, to beyond the second cataract on the Nile, in
Nubia, returning the end A.D. 1840, via Malta and Spain to old England.
This is the patriot's boast where'er we roam, His first-best country is at
Let Cornwall boast her Landers and her Willy, The two of Truro - one of
Menabilly. The former went in scientific force, Through dangers dire to
trace the Niger's course; The latter went to Palestine - and tracked The
Nile unto the second cataract;- Each (not to leave his country in the
lurch), Exhibits now the fruits of his research - The first, a BOOK, to tell
us what they'd seen; the Last a GRANITE BLOCK from Aberdeen. Truro,
September 23, 1843.