THE CUSTOMS. JOSEPH REAY, Esq., collector of H.M. Customs at Falmouth, is
appointed to the same office in the port of Limerick. AMBROSE FOOTE, Esq.,
is appointed to Falmouth from Ramsgate.
EMIGRATION. Our Camelford correspondent informs us that the rage for
emigration continues, some scores of men, women, and children having passed
through the town, on Tuesday last, from the north of the county, with waggon
loads of luggage, on their way to Mopas[?], to embark in the "Clio," Capt.
BROWN, for Quebec; and great numbers are preparing to start from Padstow,
for the same destination.
CHACEWATER. On Tuesday se'nnight MATTHEW MOYLE [?] Esq., of this place,
having attained his ninety-sixth year [?] ordered coals to be distributed to
a hundred poor persons of the neighbourhood.
BODMIN GARLAND FAIR. This fair was held on Saturday last, and was rather
scantily supplied with cattle. Steers and oxen were in demand, and sold
freely at advanced prices. The sale of fat cattle was not so brisk, and
those sold made from 46s. to 48s. per cwt. There were very few sheep
penned. Fat wethers sold at about 5 1/2 d. per lb. and were looked after.
Fat ewes made 5 1/4 d. per lb. The best garland ox was awarded to Mr. G.
STEPHENS, St. Tudy; the best fat steer, to Mr. REYNOLDS, Blisland; the
best fat cow, to Mr. F. HARVEY, St. Breward; and the best fat heifer, to
Mr. G. STEPHENS, St. Tudy.
EXTRAORDINARY EWE SHEEP. A ewe sheep, of the Leicester mixed with South
Devon breed, fed by Mr. FRANCIS OLVER, of Trewedland, in Liskeard, was
slaughtered last week by Mr. CLOGG, of East Looe, butcher, which weighted
148 lbs., or 37 lbs. per quarter. The quality was excellent, being upwards
of 4 inches thick in fat on the rib.
EXTRAORDINARY CIRCUMSTANCE. Mr. CREBER, yeoman, St. Germans, has a ewe
which yeaned one lamb, on the 7th of March, and on the 27th two more. The
three lambs, with the ewe, are all living and doing well.
HAYLE. Last Monday, the independent order of Oddfellows, of the Duke of
Cornwall Lodge, appointed Pugh[?] CHAWNER, Esq., as their medical officer.
This lodge contains about 100 members, and Mr. Chawner is the first medical
officer that has been elected by the order in this county.
CORNWALL'S ROYAL CIRCUS. Mr. CORNWALL's troop has been performing at
Hayle, his native place, throughout the week, to crowded houses. It would
be invidious to particularise the merits of any individual of the company,
as they all won the enthusiastic applause of the audience by their
performances.
TRURO POLICE. On Wednesday, the 27th ultimo, STEPHEN POLKINGHORNE,
labourer, of Truro, was charged with being drunk and disorderly in the
streets, and was fined 5s. with costs.
On Saturday last, WILLIAM WAYCOTT[?], smith, of Truro, was charged with
being drunk and disorderly in the streets, and was fined 5s. with costs.
WILLIAM RICHARDS, of Wendron, dealer in fish, was charged on the complaint
of GEORGE PAINE, inspector of police, with exposing for sale, in Truro
market, on the day, a quantity of unwholesome fish. MARTHA CROSS, of
Mevagissey, one of the witnesses, who has been in the fish trade for the
last forty years, stated that the fish produced were the worst she had ever
seen brought into the market for sale. Richards was fined 20s., and the
costs, and strongly reprimanded by the magistrate, who expressed his
determination to inflict the full penalty in such cases in future.
On Tuesday last, GEORGE MERTON and RICHARD HAWK, both of Truro, were charged
with stealing about four hundred weight of old iron, from the yard of Mr.
ROBERT MICHELL. The prisoners were detected by ALLEN, the lighterman, at
two o'clock in the morning, loading their boat with iron from Mr. Michell's
quay. They were both committed to take their trial at the next sessions.
SHOP LIFTING. A grocer's shop, kept by the Misses TANK, at St. Agnes, was
forcibly entered on Friday night last, and about 20s. in silver stolen
therefrom. The money was left in the till, which the thief also carried
off. There is no clue at present to the discovery of the offender.
BUDOCK ROBBERY. Two men employed on the roads, and near the place where
THOMAS was robbed, have been apprehended upon suspicion of being the
perpetrators of this robbery. They were examined before the magistrate at
the clerk's office, Falmouth, on Monday last, and remanded until Thursday
for further examination.
VESSEL FOUNDERED. During the dense fog on Monday afternoon, the schooner
"Ada," of Penzance, Captain CURNOW, struck on a sunken rock near the Land's
End, and went down in about ten minutes afterwards. She was coal laden, and
bound to that place from Newport. The crew took to their boat, and fell in
with the schooner "Hyram," of Truro, CURTIS, master, on board which vessel
they remained till the following morning, when they left in their boat, and
landed at Penzance about 12 o'clock. The vessel belonged to three or four
gentlemen of Penzance, who, we understand, are not insured.
NARROW ESCAPE. On Monday afternoon last, at about two-thirds high water,
a gentleman going to Looe, had to cross Fowey ferry, and when on the slip at
Fowey, and carefully minding his horse and gig, they went over into the
water. The horse took towards Bodinnock, and swam about a third of the
width, when it disappeared. At this instant, a boat, with Mr. S. NICKELS,
shipwright, in the bay[?], arrived, and rescued the sinking horse from a
watery grave. With the assistance of other boats, the horse (a young and
pretty creature), and the gig were brought on shore.
FRIGHTFUL ACCIDENT. Whilst a labourer, called THOMAS HOSKING, was taking
off the tracts from a pair of horses at Luggans, one of the animals kicked
him. His right arm is dreadfully broken above the elbow, and his forehead
severely cut, with injury of the skull, and other contusions. He lies in a
precarious state.
CORONER'S INQUESTS. On Monday last, an inquest was held at St. Stephens,
before J. CARLYON, Esq., coroner, on the body of J. WELLINGTON, aged three
years. It appeared that on Saturday afternoon last, whilst the father of
deceased was at work, a neighbouring tenant sent notice to the mother that
their cow had broken out of the field, and that unless it was driven away
immediately it would be sent to pound. She therefore went out in a hurry to
drive back the cow, leaving the deceased and her sister, about six years of
age, in the house by themselves; but she had not been gone more than two
minutes before an alarm was raised that deceased had caught her clothes on
fire, and before assistance could be rendered she was so dreadfully burnt
that she died the following morning. Verdict, accidental death.
On the following day, an inquest was held before the same coroner, at East
Wheal Rose mine, Newlyn, on the body of WILLIAM LAWRENCE, aged 37 years, who
was killed by a piece of timber falling down the shaft on his head, whilst
he was at work in the above mine, on Monday last. Verdict, accidental
death.
On Wednesday last, Mr. Carlyon held another inquest at Lanner, in the parish
of Gwennap, on the body of MATTHEW ODGERS, aged 48 years, who died last
Tuesday from the effects of a hurt he received on the 23rd ult., by a stone
falling on his head whilst he was at work in Trethellan mine. Verdict,
accidental death.
An inquest was held at Camelford, on Monday last, on the body of Mary, wife
of Mr. JAMES ARNALL, who had long been in a delicate state of health. On
Sunday morning when the husband awoke, he found her a corpse by his side.
She was 42 years of age, and has left a family of twelve children. Verdict,
visitation of God.
The Following inquests have been held before W. HICHENS, Esq., coroner,
since our last report. On the 30th ultimo, in the parish of Uny Lelant, on
view of the body of WALTER CALLAWAY, aged 28 years, who met with his death
whilst at his labour in St. Ives Consols by a large mass of ground falling
on him. The deceased was dug out in about ten minutes perfectly lifeless.
Verdict, accidental death.
On the same day, in the parish of Crowan, on the body of WILLIAM SIMS, aged
83 years. The deceased left his dwelling house on the 26th ult., as he was
sometimes accustomed to do, but having been absent longer then usual, a
person who lived with him as his housekeeper went in search of him, and
found him lying against the hedge by the side of the road to all appearance
dead. Verdict, natural death.
On the same day, in the parish of Sithney, on the body of WM. GLUYAS, who
was found dead in his dwelling-house by his sister, who had left him not
more than an hour before to fetch some medicine for him, as he complained of
being unwell. Verdict, natural death.
TRURO HUMANE INSTITUTION. Lady RASHLEIGH has sent a donation of GBP1 to
the funds of this institution.
EXETER DISTRICT COURT OF BANKRUPTCY. At the meeting, on Wednesday the
27th ult., there was an adjourned audit in re CHARLES SCOTT, scrivener, of
Constantine, Cornwall. Mr. G. W. TURNER had leave to examine the trade
assignee (Mr. DAVEY) in private concerning the accuracy of the accounts. It
was stated by the learned Commissioner that it was necessary to have the
assignee's accounts put in order, to ascertain the amount of monies in his
possession belonging to the bankrupt's estate. Mr. Turner said he had
appeared at the last audit for Messrs. GRYLLS and HILL, and Mr. ROGERS, of
Helston, solicitors for several of the bankrupt's creditors, and who had
since informed him that all opposition to the assignee's accounts by the
creditors had been withdrawn. He had informed Mr. HIRTREL, official
assignee, of it, and that gentleman had requested him to continue his
enquiries for the benefit of the estate, and to this he had assented. The
learned Commissioner said he believed it was a common error to suppose that
the whole enquiry was ended if the opposition of a single creditor was
stopped. The curious results if such were the case would be manifest, for
supposing an Assignee to have kept GBP1,000 from the estate, and a creditor
to the amount of GBP20 wished to get his debt in full, it might be worth the
Assignee's while to pay him fully and keep the remainder, - but the enquiry
once before the Court it was the business of the Official Assignee to see
that justice was fairly dealt to all the Creditors in equal proportions.
Mr. RIMELL, Solicitor to the estate, concurred in the principle laid down by
the Commissioner, and said the solicitors for whom Mr. Turner appeared on a
former occasion represented nine-tenths of the creditors in value and a
great many in number. At the close of the [.......ry?] on Saturday, his
Honour expressed his opinion of the great fairness and principle Mr. Turner
had shown throughout this arduous case.
LOST. On Thursday Afternoon, between the Church and Farm-house on
Launceston Road, on either the Old or New Road, but supposed not far from
the turnpike gate, a small Russia Leather Pocket Book, with Steel Clasp,
containing Cards, a small Silver Pencil Case, Three Five Pound Notes (one
Bank of England and Two East Cornwall Bank), Postage Stamps, &c. Any person
bringing the same to Mr. J. P. VERCOE, Linen Draper, Bodmin, shall received
Twenty Shillings Reward. The finder is cautioned against making use of the
lost Notes, as they are known, and will be stopped at the Banks. Bodmin,
Friday, March 29, 1844.
CORNWALL LENT ASSIZES. CROWN COURT, Thursday, March 28. (Before Mr.
Justice WIGHTMAN.) MANSLAUGHTER. ELIZABETH MOORE, 36, who had been in
gaol ever since last August, was charged on the warrant of the coroner with
the manslaughter of JOHN MOORE, alias JOHN HARRY MOORE, her son. The
Learned Judge stated that the prisoner had applied to the Court to assign
counsel for her, and he had assigned Mr. MERIVALE. Mr. GREENWOOD appeared
for the prosecution, and briefly stated the facts of the case, after which
he called a boy, named HUMPHRY HARVEY, who, in his examination, said, I live
at Redruth, and knew John Moore. I recollect on the 16th of August seeing
him on a hedge, in the parish of Redruth, about two o'clock. I was standing
on a hedge, talking to a little boy; the deceased's mother went into her
house, and shortly afterwards she came out again and took up something and
threw it at the child. The boy was about 12 years old. I saw that that
which she threw struck him on the back of the head, and he fell into a ditch
outside of the hedge. I went up to him and tried to take him up, but could
not; he said "Lord have mercy upon me." His mother went in after she threw
the stone. A parcel of people got round him, and she then came out. She
said "have I killed my child?" The people said "yes," and she then ran away
for the doctor. She did not know that she had struck the child, for she
went in after it. She appeared very much distressed when she found her
child in that state. JOHN PENBERTHY, another little boy, gave corroborative
evidence as to the circumstances mentioned by the last witness, adding that
while the deceased was on the hedge he heard prisoner say, "if you don't
make haste, I will take up a stone and break your skull." HENRY HARRIS,
examined, I am a surgeon at Redruth. I was called by the prisoner, on the
16th of August, to see her child. I saw him; he was lying on the ground
when I first saw him about five feet from the hedge. I ordered the child to
be taken up and carried into the house. I examined the child before he was
taken in. I observed a very large wound in the back part of the head, and
that blood was bleeding from it. The skull was fractured. The child was
alive and able to speak when I arrived. The child said "Lord have mercy
upon me," and at another time he said "don't hang mother; it was my fault, I
would not go." I examined the wound when the child was on the bed, and
removed several pieces of the skull. The child lived about two minutes
afterwards. I attributed the death to the fracture of the skull wounding a
blood-vessel at the back of the brain, called the longitudinal sinus. This
being the case for the prosecution, Mr. Merivale briefly addressed the jury,
and his Lordship having summed up, the jury found the prisoner Guilty. The
prisoner, who was in great distress and cried bitterly exclaimed that she
had been a father and mother to her children. The Learned Judge said, yours
is one of those unfortunate cases which show the lamentable consequences of
rashly and hastily using violence towards any one, however little mischief
may be intended. By your rash act you have lost a son, and placed yourself
in your most unhappy position. I will not aggravate your present distress
by making any further observations upon your melancholy case. I am told
that your circumstances are so low that even the smallest fine could not be
paid by you. The sentence upon you is, That You Be Imprisoned For One Day,
which will be in effect a nominal punishment.
JAMES WHITE, 13, was charged with stealing a pair of boots, the property of
WM. DAW, of Probus. It appeared that the prosecutor had the boots in
question in his potatoe house, and finding that they had been taken away he
gave information to the police. The boots were soon traced to the prisoner,
who, when brought to the prosecutor, requested to be forgiven, promising
never to do so any more. Guilty. A former conviction was also proved, and
the prisoner was sentenced to Six Months' Hard Labour.
STABBING BY A MADMAN. JOHN TUCKER, 40[?], was charged with feloniously
stabbing JOHN KEAST in the back, at the parish of Antony. The prisoner,
when he was brought up to be arraigned, made a number of incoherent remarks
in reply to the question whether he was guilty or not guilty, and no plea
could therefore be recorded. On his being again brought up, the jury were
in the course of being sworn to try whether the prisoner "was of unsound
mind at the time of committing the offence for which he stood indicted;" but
Mr. CARPENTER ROWE objected to this oath, and the Judge directed that the
oath should be administered so as to try whether the prisoner was now of
unsound mind. Accordingly the jury were sworn thus, "you shall well and
truly try whether the prisoner at the bar is, at this time, of sound mind,
and a true verdict give, &c." Mr. J. B. EVEREST was then examined. I have
had the prisoner in my custody ever since November last. I consider him
decidedly insane. His general manner is that of an insane man. The surgeon
of the gaol has seen him, and all the officers of the gaol are of the same
opinion. The surgeon not happening to be in court, the Rev. FRANCIS
KENDALL, the chaplain of the gaol, was sworn, and examined. He said - I
have seen the prisoner during his confinement constantly, and I believe him
not to be of sound mind. His answers are very incoherent to any question
that I may put to him. JOHN KEAST examined. I am prosecutor in this case
against the prisoner. I am master of the St. Germans union-house. The
prisoner was in that house four years before the offence was committed.
During the time that he was there, I believe he was of unsound mind. By the
Judge. He was entered on the books as a harmless idiot. The Judge then
said to the prisoner, Now would you wish to ask any questions of any of
these witnesses? The prisoner looked about wildly and then said, He was
served bad in Torpoint union-house. The Judge, Have you any question to
ask. The prisoner, Dirty messes made use of, I was served bad at the
Torpoint union-house. I told him of it at different times, and they never
bettered it. The Judge. Gentlemen of the jury, The question that you have
to try is, whether you are satisfied that the prisoner at the bar is at this
time sane or not. The prisoner has talked a great deal ramblingly. You
have heard the testimony of the witnesses who have been called. His
Lordship then described the evidence that had been adduced, and proceeded to
say, You have the prisoner before you himself, and I wished him to be
asked whether he had any questions to put to the witnesses, in order that we
might form a judgment as to his state. You may have observed also his
conduct when he came up to plead. If all these circumstances satisfy you
that the prisoner is insane, you will say so by your verdict. The jury
immediately Found Him To Be Insane. The Judge. Then he is to remain in
custody. The prisoner was then removed.
WILLIAM HIGGINSON, 19, was charged with stealing 6s. from the pocket of JOHN
BICE, on the night of the 12th of January last, whilst in bed. It appeared
that the parties slept in one room, and on the night in question, while
prosecutor was in bed, he heard the prisoner get up and go to his trowsers,
and he also heard money jingle. The prisoner had a friend with him, who
asked him what he had got out of bed for, to which prisoner replied "Hush,
it's all right." Prosecutor then got up, and found that he had been robbed
of 6s. On further enquiry, however, it turned out, upon the prisoner being
searched, that he had only 4s. 6d. in his possession, and also that the
prosecutor himself was not sober. The jury, therefore, Acquitted the
prisoner.
HENRY STEPHENS, 23, was found Not Guilty of stealing a shovel and hilt, the
property of JOHN GLASSON.
CHARGE OF HORSE STEALING. JOHN CLENICK, 28, and REUBEN LOBB, 21, were
charged with stealing a black entire horse, and two geese and one gander,
the property of HUMPHRY CRADDOCK VOSPER. Mr. ROWE appeared for the
prosecution, and Mr. SLADE for the defence. H. C. Vosper, examined. I live
at Trevillian Gate, in the parish of Davidstow. On the 12th of March last,
I had two horses in my stable. I saw them safe about eight o'clock in the
evening. The stable was not far from my house; it was an open stable, so
that the horse could go in and out on the moor. I had also some game, which
I saw the same night. They were in a pen where we generally keep them.
There were three geese and a gander there. The next morning, about
day-break, I heard one goose making a noise. I used to hear the gander
answer them, but on this occasion I did not (laughter). On this I went to
the pen, and found that all were out of the pen, and that two geese and a
gander were gone. I also missed my stallion, which I had had about ten
years, having bought it. The prosecutor then detailed the manner in which
by tracks he and the policeman had been able to trace the horse and geese to
the prisoners, who lived at a place called Eastern Taphouse, which is
distant about 18 miles from the prosecutor's. When he came near the
prisoners' houses, prosecutor saw his geese and gander on the green. He and
the policeman went to see whether they could find the horse, and they saw a
boy driving the gees to Clenick's house. Cross-Examined by Mr. Slade. I
know Lobb's mother; Clenick married Mrs. Lobb's daughter. I had not the
geese from Mrs. Lobb; it was never her horse, that I swear. I bought it of
JOHN GAY. I did not expect a visit from these young men (laughter). I
heard that they paid me a visit before. Q. They took away a pretty lot of
your goods, did not they, beds and such like? A. They took such things as
I had for the old woman. Q. What for old Mrs Lobb? A. I kept such things
as a bed for her to lie upon. Q. For who to lie upon? A. For Mrs. Lobb to
lie upon when she came over. Q. And any crocks and kettles did you keep
them for her to lie upon too? (laughter). A. No. Q. Well, the kettles? A.
There were no kettles that I know of. Q. Well, the crocks then? A. Yes.
Q. More than one? Mr. Rowe here objected, and asked whether, when those
things were taken, prosecutor was present, to which he replied that he was
not. The Cross-Examination was then continued, from which it appeared that
the prosecutor had appointed himself trustee to Mrs. Lobb, whom Mr. Slade
described as "a poor mazed old woman," and that the prisoners had come about
five years before and taken some beds, crocks, and a variety of other things
away from his house, claiming them as the property of Mrs. Lobb, and that he
did not then prosecute them. JOHN FITZGERALD, the policeman, corroborated
the evidence of the prosecutor as to their tracing the horse and geese to
the neighbourhood of the prisoners' house.
When he took the prisoners, Lobb said that he had turned the horse on the
downs about seven o'clock that evening. Witness asked him to tell him the
downs that he turned the horse on, and he would not. There were several
downs there. Lobb said that Clenick brought the geese away in a cloak, and
that he had a better right to them than old Vosper. The next morning Lobb
pointed out the place where they turned the horse out. Clenick said that
the horse would go back; Vosper replied that he could not, because there
were gates on the road. Clenick said that the horse would shove the gates
open. Cross-Examined. I know Vosper. Q. What sort of old gentleman is
he? Mr. Rowe objected to that question. Mr. Slade. - Would you believe old
Vosper on his oath? Witness I have no reason to doubt the man. The Judge. You are asked whether you would believe Vosper on his oath - would you or
would you not? Witness. I think so, I have no right to say a word against
him. Another witness proved that on the night of the first of March she saw
the prisoners at her house at Eastern Taphouse, and Clenick asked her to
lend him a walking stick as they were going a long way. In her
cross-examination this witness said that when the prisoner Clenick came to
her the week before, he said he was going to take something of his mother's.
He said he had been informed where the horse and geese were. Mr. Rowe here
said, Does your Lordship think this is evidence? The Judge, No. Mr. Slade
urged that it was evidence if the prisoner told all in his neighbourhood.
The Judge said it was not evidence at this stage, at any events. You are
not entitled to use it now.
Cross-Examination continued. I have known Clenick several years; I know
nothing against him. Q. Did you know that any property was brought away
from Vosper's? Mr. Rowe. Did you see any? Witness. No. Mr. Rowe. Then
that won't do. There being no doubt about the taking, the geese were not
called for. Mr. Slade then addressed the jury, and urged that the prisoners
took the horse and geese believing that they had a right to them. It was
the essence of stealing that the act should be done secretly, whereas he
should show that so far from that being the case in the present instance,
the prisoners to all the world made known their intention of going to take
this property. Mr. Slade then examined JOHN CRAGOE who said, I am a
farmer, at St. Pinnock. My mother has a farm of her own, and I live with
her. I remember about a week before the prisoners were taken into custody,
Clenick came to my house and told me something. He came in and said
"Captain what do you think?" I said "I don't know, what do you mean?" He
said "why the old woman has a great deal of property up at Davidstow now."
He said, "Vosper, that old rogue, I am informed, have got a horse and
three geese to my mother-in-law now, and we are going up after it, I think,
in a few days." I observed that he had brought goods from there before
that, and Vosper acknowledged it. Mr. Rowe. Never mind what Vosper has
said. Witness. When Clenick told this to me there were a great many other
persons present. I know these young men. I have known Clenick these ten
years. During that time he has worked for me several times, and I have
always found him to be an honest man. I have known Lobb about two years,
and a very steady and respectable young man he seems to be. I believe he
has lived with ROBERT NICHOLLS for 12 months; he (Mr. Nicholls) was here
three days, and I expect him to be here today. Robert Nicholls and Charles
Gay were then called, but did not answer. Cross-Examined. I am not related
to either of the prisoners. The conversation to which I allude was spoken
in my town-place. My brother and several of my children were there. I
suppose it was about a week, or hardly a week, I reckon, before the
prisoners were taken into custody. After the prisoners were taken, I asked
the policeman whether Clenick was taken in his custody or not. I asked the
policeman then to let me get some one to prove before the magistrates that
they were innocent, and he said it was of no use, they must go to Bodmin. I
mentioned this conversation to several persons. Mr. Rowe then replied, and
the Judge having summed up, the jury returned a verdict of Not Guilty.
THOMAS SNELL, a respectable looking man, a farmer and carpenter, was charged
with maliciously cutting and wounding GEORGE WADGE, in St. Stephens by
Saltash. Mr. HOULDSWORTH conducted the presentation, and Mr. SLADE the
defence. George Wadge examined. I am a labourer and live in St. Stephens;
on the 4th of August, I left my house, which is on the road going to
Saltash; I left the house a little before ten in the evening, to get some
dock roots for my wife. I went up the road; I know the prisoner; I went
near a gate, and the prisoner came up. He came forward and put his hand on
my shoulder and looked in over me to see what I was doing of. He then said
"George, who is this that is going up the road?" and I said I had not seen
any one. He said I was a lying -----, and that he would give my master my
character when he came home. I asked him what he could say of me, and he
said I was out at improper hours. I said it was not worse of me than it was
of he. Then he said "it is not, you -----, and I held up my hand because I
thought he was going to make a blow at me. It was a moonlight evening; and
I saw a hook glisten. The hook passed over my head when I saw it coming,
because I stooped. Just as the hook was passing over my head, he said I
will strike your ----- head off. In stooping, I picked up my bittock, I put
it up, and before I had time to defend myself, he brought the hook over my
right shoulder, and it entered my left shoulder. The bittock defended off
the blow or I should have had my head off. He made three attempts at me.
He then put his hand against my bosom, and pulled forth the other, dragging
the hook to the bone, so that the pain was worse than before. I halloed
murder three times, and before the prisoner could get the hook out of my
bone, he was obliged to give it a knock, and then he ran away. When I
halloed, I became faint, and some one said what's that? - and I said Tom
Snell has cut open my back with a reap hook. When I came to my senses again
I was at home. Gilbert was there. The doctor assisted to dress my wounds.
I remained six weeks unwell; I was forced to keep my arm in a sling for a
fortnight or more. Cross-Examined by Mr. Slade. I had worked at one time
for prisoner, and my son at this time was in his employ. Mr. Snell had got
some logs of wood in the road; but I never knew they were his property.
Mr. Slade - No one said you did, you know, so you need not be in such a
hurry (laughter). Witness. He did not say that he saw two men by the
timber. I had not struck him, he came upon me for wilful murder. I did
not strike him any blow in return, I had not got time. I know a person of
the name of JANE PEARCE, she lives at Buraton. I don't know whether she was
in my cottage that night. I did not see her there to my knowledge. I don't
know nothing about whether BENNETT and Gilbert were there. I did not say in
the presence of Jane Pearce, that Thomas Snell threatened and said unless I
would tell him what I was doing he would report me to Squire EDWARDS. I did
not say that I struck him twice with a bittock and that after that Mr. Snell
struck me with a hook. I don't know nothing about my wife being in the
cottage - when I came to myself she was there; I had a paper printed to try
to get some money because I was a poor man. Re-Examined. I was here at
the sessions about this matter, but the case was not gone into. THOMAS
GILBERT examined. I live at Portsmouth. In August last, I was at Buraton;
I then worked at John Snell's the black-smith. I know prosecutor; saw him
on the 4th of August in the evening, the other side of John Snell's back
door; he was there with his coat off, and was taking off his waistcoat; I
asked him what was the matter; he wanted me to take off his shirt, and I
would not, but carried him into his own house. A man named Bennett was
there. The prisoner was some four or five yards from the place. I spoke to
him, he was standing still. I asked him what was the matter, and he said I
have cut George Wadge down with a reap hook, I believe I have cut his head
off. We said that Wadge had hove the turnip hoe against him, and that he
had a right to stand in his own defence. He said that he had let the hook
into him; he believed that he had cut his head off; if he had not it was his
intention to do so, for he was a scamping rascal. That conversation was
before I helped Wadge in. I saw a large cut and I told Bennett to go after
the doctor immediately. It was three inches in the shoulder blade - the
point of the hook came down three inches lower. There were three cuts in
the shirt - it was cut through.
Cross-Examined. There was a good deal of blood. Jane Pearce was there,
she is not here to-day. What I was in prison for, I had served my
punishment for. It was three or four years before. WALTER NICHOLLS
examined. I am a labouring man, and live at Buraton, near the prosecutor
and prisoner. I live about 40 yards from the prosecutor; between ten and
half-past, on the 4th of August, I heard murder halloed. I was in doors,
and I immediately ran; when I came out the first person I met with was
Snell; it was about 50 yards up. I said to Snell what's the matter here; he
said he intended it; I said who was it. He said "George Wadge, he followed
me ever so far with a large club, and tried to knock me down, and I stood in
my own defence. I saw prisoner again the next morning, I saw him coming
down the road from Buraton to Buraton Comb; there were two young women
there. I was in the garden and heard the prisoner say you have had a battle
too this morning, upon which Jane Pearce, said, are you not sorry for what
you have done? And he said, no, I should not be sorry if I had cut his head
off and if I had had a gun I would have shot him. ELIZABETH SNELL,
examined. I am wife of John Snell, the blacksmith; on the evening in
question I heard a noise and cries outside; I went out to see what it was; I
saw the people running, and afterwards I saw the prosecutor in his house. I
saw him supported by two men, who were endeavouring to staunch the blood.
The Court. If anything turns upon this you had better call the surgeon - he
is here. Mr. Houldsworth at first declined to do this, and Mr. Slade said
he would ask no question. Witness. I saw dock roots in the house. Bennett
spoke to having been present on the night in question, did not see prisoner
but only the prosecutor. I saw the wound. {It was here seen that the
evidence as to the wound in the prosecutor's back would go for nothing
unless the surgeon who had attended him, and was now present, were called,
and that course was eventually adopted.}
Mr. NICHOLAS LIDDLETON examined. I am a surgeon. I was called on the night
in question, and I saw the prosecutor; when I came into the house he was
sitting on a form supported by Gilbert. I took off his shirt, and saw that
there was a wound and clotted blood. I took the shirt to wipe the wound.
Before I took it there was very little blood on the shirt. The wound was on
the left shoulder blade just under the ridge, the hook was withdrawn towards
the shoulder, making a cut of about three inches. The cut could not have
been very deep, for the shoulder blade interfered. It was done by a cutting
instrument. It was only a flesh wound. I dressed the wound, and told
prosecutor to see me the following morning. I told him to keep his arm in a
sling, and that he would be well again in about a fortnight. Cross-Examined. I saw Snell the Wednesday after. He then had a bruise on his left elbow,
and a scar a little lower; it was a small abrasion. The prosecutor lost
about a pint of blood. This being the case for the prosecution, Mr. Slade
commented on the evidence, and said he should prove that the defendant only
struck the prosecutor in self-defence, the prosecutor having struck him
twice. The Learned Gentleman then called JANE HOBBS, who in her examination
said, I live at Buraton, and remember the 4th of August; between ten and
eleven I was in my bed-room. I heard a noise of quarrelling in the street.
I heard a man say "stand off! stand off! or else he'd cut his head off." I
then went down and heard murder cried. I went out and found Wadge wounded.
Cross-Examined. I don't know the man's voice. I never said I knew who said
it. Jane Pearce examined, I remember the night when Wadge was wounded. I
went into the house before the doctor came. I heard Wadge say that he
struck him twice with the bittock, and then Snell cut him down with a hook.
I heard him say that Snell threatened to report him to the Squire, and then
he struck him twice. His wife came down afterwards and said, "no, my dear
George, he struck you first." She must have heard up stairs what he said,
or she would not have told the lie. The Court doubted whether Mr. Slade was
entitled to introduce this as a contradiction, because Wadge said he knew
nothing about it. Mr. Slade, I can introduce it as a different version of
the story. Cross-Examined. He was fainting when I went in the room. There
were many people there at the time. CHARLES ADAMS, WILLIAM SMITH, CHARLES
RUNDLE, and WILLIAM PORTER, respectable neighbours of the prisoner, gave him
a very good character for humanity, and said that he had shown them his arm
with the two marks mentioned by the surgeon, within a short time after the
4th of August, and that prisoner then stated to them that he had received
them from the prosecutor. The Learned Judge summed up, and the jury found a
verdict of Not Guilty.
AN OLD FENCE CAUGHT. EDWARD SINCOCK, 46, was charged with having stolen a
quantity of iron chain, at Illogan, the property of the adventurers in
Tincroft mine. The prisoner was defended by Mr. SLADE; Mr. LEAKY appearing
for the prosecution. JOHN TRELOAR stated that he had a quantity of iron
chain in his field on the 20th of January last, and on Monday the 22nd, it
was gone. Subsequently he took the measurement of some tracks of the wheels
of a waggon, and found that they belonged to a waggon of the prisoner's.
The chain belonged to the adventurers in tincroft, but it was lent to me on
condition that if I did not return it I was to pay 30s. for it. MARTIN
WILLIAMS, a policeman, stated that he went with the last witness to the
house of Mr. BACHE, a blacksmith, at Truro, on the morning of the 25th of
January last, and saw Bache give the prosecutor a large quantity of chain.
The prisoner was in the habit of using a waggon very much unlike any in the
neighbourhood. He measured the tracks of the wheels, and the result of his
observation as to those tracks was that he took the prisoner into custody on
suspicion on account of them. The wheels had a very narrow tire, which in
mining districts was very unusual. The witness then produced the chain in
question. WILLIAM BACHE stated that he deals in iron at Truro, and that the
prisoner, on the 22nd of January, brought him 414 lbs. of chain. The chain
now produced was what he sold to witness on that occasion. The prisoner
brought it in his waggon. The chain having been identified as that which
had been stolen, Mr. Slade made no speech, but called PETER GARLAND, to
speak to the character of the prisoner. He said he had known him for many
years, he should think for ten years, and that during the time that he had
known him he had always considered him an honest man. Guilty. Four Months'
Hard Labour.
RICHARD GRIBBLE, 13, and WILLIAM CURNOW, 14, were found Guilty of stealing a
drake and a duck, the property of JOHN GARLAND, of Illogan. There were two
other indictments against the prisoners, but upon these they were not tried.
One Month's Hard Labour, and to be Once Privately Whipped.
FALLING AMONG THIEVES. SELINA COLLINS, 20, and JOANNA MAY, 18, and JAMES
SAMPSON, were placed at the bar and charged with two girls with having
stolen a watch from the person of SAMUEL HENDER, at Liskeard, and the man
with having received it, knowing it to have been stolen. The two girls
entered the dock in a very bold and flaunty manner, and took a survey of the
court to look after their friends. Miss Collins was rather a pretty girl,
and tolerably well dressed; indeed, about the neck and shoulders they
both seemed to be prepared for an evening party. The other lady appeared
rather to disadvantage from the fact of her having only one eye. Mr.
MERIVALE appeared for the prosecution, Mr. SLADE, for Sampson, and Mr.
HUGHES for the women. Mr. Merivale stated the case, and then called the
prosecutor, who said that he lived at St. Cleer, and was at Liskeard market
on the 20th of January. He called at Mr. WEBB's tap about eight o'clock in
the evening, to look for his uncle; he did not find him there, and was
turning to go out, when the woman, Selina Collins, came up to him and asked
him to take a walk with her. He said that he would have nothing to do with
no such ones as she for he was a married man. He proceeded along the road,
and a man spoke to her. She then returned a minute and he proceeded as far
as Mr. GLENCROSS's, where he stopped for a few moments. Collins then came
up and put her hand to his pocket, and he said "you had better keep your
hand off me." With that she called Joanna. Upon that he turned round and
saw a man there. Collins had some conversation with the man again, and
prosecutor said he had lost his watch. She said she was surprised for she
had not got it (laughter). She said she never took nothing from the man in
her life. Prosecutor said, "I know nothing about that, I had my watch and
it is gone, and no one was near me but you." Prosecutor asked her her name,
and she said Maria May. Prosecutor got a candle and looked where he had
been standing, but found no money or watch there. He then went back to the
tap, and finding the prisoners not there, he called Mr. DAWE, the constable,
informed him of the robbery, and then went home. Selina Collins was the
same person who spoke to him in the tap, and asked him to go with her. The
watch produced was his watch, and the same that he lost on the 20th of
January. REUBEN RENDLE JOHNS, of Devonport, stated that on Tuesday evening,
the 23rd of January, Selina Collins came to his shop and applied for a loan
of twenty shillings on a watch, which she handed to him. He looked at the
watch and said ten shillings would be enough. He then enquired her name and
she said "Elizabeth Hender," and that she wanted to pledge it for her
brother, who was sick. She said she was in lodgings at St. Andrew's-street,
Plymouth. Witness asked her how she came so far out of the way to pledge
it.
At this time Joanna May came in and not seeing the other prisoner, asked if
a young woman had been there. Witness asked what her name was and she said
Selina Foy, or Fry. Witness asked the other woman why she came to give him
a wrong name; but before he allowed her to reply, he asked Joanna where she
resided. She replied near Boscastle, in Cornwall. Witness then refused to
give up the watch unless Collins could satisfy a policeman that she came by
it honestly. They went out and shortly after returned, and said they could
not find a policeman. Witness said he would find one for them, and sent for
Inspector Bryant, who came and took the women into custody. He delivered
the watch to Bryant; and in that watch was a paper with the name of "Mr.
Hender, of St. Cleer," written on it. HENRY BRYANT, inspector of police, at
Devonport, corroborated the latter portion of the evidence of the last
witness, and related the conversations which he had had with the female
prisoners, which were full of contradictions. In consequence of what
witness saw in the watch, he wrote to Mr. ABRAHAM, of Liskeard, watchmaker,
and the next day, Symons, constable of Liskeard, came up. On Wednesday, the
24th, Collins sent for witness, and said she might as well tell the truth,
that she met Thomas Hender at the end of a lane at Liskeard, and he said he
had lost a watch and 3s., and requested her to go and look with him for the
watch and money, which she did, but could not find either. She said the
other woman gave her the watch, and told her that she had found it.
CORNELIUS SYMONS, constable, of Liskeard, stated, that on Sunday evening,
the 28th of January, he took the prisoners from the prison in Liskeard to
Body's coffee shop, to give them some refreshment, when May said to some
persons in the room, that she found the watch on the Saturday before, in the
road near Mr. Glencross's, and delivered it to James Sampson and he kept it
till Sunday morning, when he, in her presence, gave it to Selina Collins,
and Collins gave it to her; and that she kept it until Tuesday, when she
delivered the watch to Collins at Devonport, to pledge it at Johns's, while
she stayed outside. This statement was made in the presence of Collins, who
did not deny it. John Dawe, the constable, stated that he went to Snell's
public-house in Liskeard, on Sunday night, the 21st of January, and took
Collins into custody, and charged her with the offence, in the presence of
the other two prisoners, and several other persons. Sampson asked him what
he was going to do with Selina. Witness told him she was in his custody on
a charge of felony for stealing a watch the night before, from Samuel
Hender, of St. Cleer. Witness then searched Collins, but could find no
watch upon her, and the next morning she was discharged. On Wednesday
evening, he received information from Mr. Bryant that there were two girls
in his custody for offering to pledge a watch, which, from the paper in it,
appeared to belong to one Mr. Hender, of St. Cleer.
In the meantime, witness had information that James Sampson had shown a
watch at Webb's tap after the robbery on Saturday evening, which answered
the description that Hender had given of his watch. On Thursday evening,
the 25th of January, witness went to Sampson's lodging, in Liskeard, and
asked him if he knew anything about the robbery of the watch, on the
Saturday night, which Selina Collins had been taken up for. He said he did
not know anything about it. Witness told him that one of the magistrates
had heard that he did know something about it, and he wished to see him. He
said he would go to the magistrates, which he did, where he again denied
knowing anything about it. About ten o'clock the same night, the prisoner,
Sampson, called at witness's house, and said he had been very uneasy since
witness told him the girls were in custody at Devonport. He said that
Joanna May gave him a watch up in the lane, and asked him to keep it till
the morning, which he did, and the next day he gave it to Selina Collins, at
Snell's public house. He further said he did not know, the Saturday night
or the Sunday morning, that the watch had been stolen, and that when he
heard of it afterwards, he was advised not to say anything about it. The
prisoner Collins having already formed an acquaintance with the interior of
a gaol, her companion sought to save her by saying that she took the watch.
The jury, however, found both of them Guilty, and Sampson Not Guilty. A
further conviction, for felony, was then proved against Collins, and she was
sentenced to SEVEN YEARS' TRANSPORTATION, and May to Six Months' Hard
Labour.
Friday, March 29. (Before Mr. Justice CRESSWELL.) MARY ANN KERNICK was
charged with stealing a silver spoon, the property of WM. GICHARD, of St.
Austell. It appeared that the prisoner was in the prosecutor's about the
21st of December, and near that time a silver spoon was lost which was
afterwards traced to the possession of the prisoner. It also appeared that
the prisoner, when she offered it for sale, said that she had found it, and
the silversmith told her to make some enquiries for an owner, and if she
could not find one, he would then buy it of her. The prisoner accordingly
sent her mother to several persons to make the necessary inquiries, and the
constable stated that he had been to one of those persons, and learnt that
this statement was correct. These facts being proved under the direction of
the court, the Jury found the prisoner Not Guilty.
NANCY DOLLY, 47, was charged with stealing a quantity of potatoes, the
property of STEPHEN COMMON, of Roche. The prosecutor having missed potatoes
from his cave, kept a watch in the field, and saw the prisoner go to the
place late at night on the 20th of February, and take a quantity of potatoes
away. On going before the magistrates, she said, that she took them because
her children were in want. She now denied having taken them at all.
Guilty. Three Months' Hard Labour.
JOHN DANIEL, 18, was charged with having stolen three pairs of shoes, and
two pairs of stockings, from the house of ROBERT NUTE, of Lanivet. It
appeared that on the night of the 28th of June last, the house of the
prosecutor was broken open, and a number of articles stolen. About the same
time the prisoner was seen in the neighbourhood, but being a sailor, he
subsequently left, and was absent for six months. On his return a pair of
shoes that were stolen were found on his feet. These the prisoner said he
purchased of a man at Newport in Wales; but the jury not believing him found
a verdict of Guilty. Six Months' Hard Labour.
WILLIAM DAWE, 25, was found Not Guilty of stealing two fowls, the property
of JOHN BATH.
WILLIAM CRAGOE, was charged with having received a watch knowing it to have
been stolen, the property of FRANCIS MAY, of Liskeard. The prosecutor
stated that he lived at St. German's and was at Tideford Fair on the 17th of
June last. Whilst there he met with and accompanied a girl named MARIA MAY,
after which he missed his watch. He subsequently went in search of her, and
found her in a public house along with the prisoner and other persons. He
had her searched but nothing being found upon her, the constable said he
could not search any other persons in the room without a search warrant.
Cragoe then said that all the devils in hell should not search him.
Prosecutor next heard of the watch on the 7th of March. It was a little
old-fashioned silver watch, with gold hands, which prosecutor described
minutely. JOHN VENNER, a labourer at Liskeard, said the prisoner offered to
sell him a watch seven or eight weeks ago, but he did not buy it. The
prisoner then told him to sell it to any other person. Had the watch in his
possession four or five hours, and then returned it. It was an
old-fashioned silver watch, such as was described by prosecutor. RICHARD
AUSTIN, a watch-maker, of Liskeard, stated that he had bought the watch of
the prisoner. At first he offered 7s. 6d. for it, which the prisoner would
not take. Subsequently, however, wishing to sell watch, he accepted 5s. for
it from witness, and then witness put it into repair, and kept it by him
till the 8th of March, when he gave it back to the prisoner, because he
would not get himself into trouble. JOHN [......?] the constable, said he
apprehended Cragoe on the 7th of March last, and told him he was charged
with being concerned in the robbery that Maria May was up on. He said he
knew nothing at all about it. Witness told him that he could prove that the
watch had been in his possession and that Austin had delivered it back again
to him last night. He denied it again. Then he said he had got a watch of
his own. Witness said you saw Austin last night. He replied "I saw him
last Sunday." Witness asked him if he would deliver up to him the watch
that Austin gave him last night. He said "No, I know nothing at all about
it." Mr. THOMAS LANCASTER, of Devonport, then gave evidence as to having
repaired the watch in question for the prosecutor in 1840, and his entries
agreed with the description of the watch that had been lost by the
prosecutor, and of that that had been purchased by Mr. Austin. Mr. SLADE
addressed the jury, and the Judge having summed up, the jury returned a
verdict of Guilty, the foreman remarking that as there were doubts they
wished to recommend the prisoner to mercy. The Judge said he could not take
that into consideration, if the jury had substantial doubts they were bound
to acquit the prisoner. Being thus pressed, the jury looked at each other,
then at the judge, and at length said they had no substantial doubts, and
confirmed their verdict of Guilty. His Lordship then said that no person at
all fit to administer criminal justice could entertain a doubt in this case.
The facts were perfectly clear, and must be so to every rational mind. The
prisoner was then sentenced to Six Months' Hard Labour.
WILLIAM HARRIS, 24, was charged with stealing five fleeces of wool, and two
bags, the property of HUMPHRY BURROW. Mr. ROWE for the prosecution; Mr.
SLADE for the defence. The prosecutor stated that he was a farmer in
Moorwinstow, and that he had, in a wool chamber, sixty-two fleeces, which he
saw safe in August last. The chamber was fastened by a bolt inside, but the
door might be reached by a ladder, which was always kept on the premises,
and there was a small crevice in the door, by which, with the aid of a
knife, the bolt might be pushed back. The prisoner knew the premises having
formerly been in the service of prosecutor. On the 17th of January, it was
discovered that thirty-seven of the fleeces had been carried away; and two
bags were also missing. SAMUEL GODDARD, police officer at Stratton, stated
that he went to the prisoner's house with the prosecutor, and discovered two
bags; he had taken the prisoner into custody previously to going to his
house; told him he took him on suspicion of stealing wool from Mr. Burrows;
he said he knew nothing about it. Afterwards, in his road home, he wanted
to know what was best to be done. Witness told him to mind what he said,
for it might be brought in evidence against him. He asked witness what he
had best do. Witness said that if he could prove he got the wool honestly
he had better state from whom. Prisoner said that won't do. In the course
of that day, soon after witness took him into custody, he asked him the
question what wool it was he had sold to Mr. Ash, and he said that he had
not sold any wool to Mr. Ash or any one in Stratton. Witness had wool and
the bags here. Five fleeces were given to him by Mr. Ash. ROBERT KNOTT ASH
said he kept the Tree Inn, at Stratton, and deals in wool. On the 5th of
January he saw the prisoner at the house of his father in Stratton.
Witness's sister was there with the prisoner. She asked witness to weight
this man's wool. There were five fleeces. Witness weighed them and they
were taken into his own wool chamber, and he paid prisoner for them at the
rate of 6 1/2 d. per pound. The bags and wool were then produced, and the
prosecutor re-called, when he stated that the prisoner said when he saw him
"master, I have got a bag of yours that I took my clothes home in." That
was found, and the other bag. There were locks of wool in the sacks. The
letters H. B. are on the fleeces, which he said were his property. JAMES
HONEY, I am a hatter at Stratton; the prisoner came to me the latter end
of September, and offered me some lamb's wool. At first I refused to buy
it, but afterwards I did buy it. It was 30 lbs., I gave 6d. a lb. I asked
him whose wool it was; he told me that it was part his own that he had taken
instead of money. He had a horse and cart with him; he had another bag with
him at the time; he said it was wool, and that he was going to sell it to
Mr. Ash. Mr. SLADE addressed the jury, urging that the prisoner was a
dealer in wool, as was evident by his selling the lamb's wool, and that
after the wool had been taken so long, the prisoner ought not to be called
upon to account for the possession. The Learned Judge summed up, and the
jury returned a verdict of Guilty. Twelve Months' Hard Labour.
ARTHUR TUCKER DEACON, 44, was charged with stealing a quantity of straw and
potatoes, the property of JOSEPH and JOHN PEARN, farmers, of Maker. There
was some deficiency in the evidence in this case, as to the manner in which
the property had been left, and therefore, thought the prisoner was seen
with the potatoes and straw in his possession, the jury returned a verdict
of Not Guilty.
JOHN TAPSON, 22, a young man of very respectable appearance, and the son of
highly respectable parents in Launceston, was charged, together with THOMAS
YEO, 20, whose appearance altogether betokened a different station of life,
with having stolen a watch, the property of HENRY HENDER. It appeared that
the prisoner Tapson was in the habit of visiting at the house of the
prosecutor, and was seen there only a day or two before the watch was
missed. He was also sent by prosecutor in company with the other prisoner
about the same time, and the prosecutor censured him for associating with
his old and disreputable companions. Shortly after this, both the prisoners
came to Bodmin, and there disposed of the watch belonging to the prosecutor.
On that occasion the prisoner Yeo gave a fictitious name and address, but
Tapson stated who and what he was, and where he came from. There was no
doubt as to the robbery, and as to the prisoner's getting rid of the watch
together; but Mr. SLADE, who appeared for Tapson, urged upon the court that
his client's intellects were very weak and that he was the victim of his low
companions, who had seduced him into the commission of crime. At one time,
in the course of the case, the Learned Counsel began to ask the witnesses
whether the prisoner was not of weak intellect, but was at once cautioned by
the Learned Judge to take care what he was about, unless he wished the
prisoner to be confined for life. Eventually both the prisoners were found
Guilty, but not before Yeo had recriminated on his companion to make up for
Mr. Slade's attack, and they were each sentenced to Six Months' Hard Labour.
WILLIAM PIKE, 50, was found Guilty of stealing a quantity of faggot wood,
the property of THOMAS DAVIES, of Launceston, and sentenced to One Month's
Hard Labour.
Friday, March 29. (Before Mr. Justice WIGHTMAN.) NANNY HOCKING, for
stealing stockings, and THOMAS HOSKING, for stealing a shirt and
neckerchief, Ten Days' Hard Labour; JAMES TRESIDDER, for stealing a frail
of raisins, Three Weeks Imprisonment, One Day Solitary; REBECCA GLIDDON for
stealing three sovereigns, One Month's Hard Labour, Three Days Solitary;
JOSEPH BRAY, convicted of three larcenies, Three Months' Hard Labour, being
one month on each indictment.
MALICIOUSLY SHOOTING. WILLIAM SLOGGETT, 29, JOHN CRADOCK, 24, and EDWIN
OLIVER, 29, were indicted for feloniously shooting at SAMUEL COWLING, of the
parish of St. Kew, with intent to murder him, or do him some grievous bodily
harm, by discharging a loaded gun at him. Mr. ROWE conducted the
prosecution; Mr. SLADE and Mr. MERIVALE the defence. Samuel Cowling, the
prosecutor, stated that he lived at Penvose Cottage, in the parish of St.
Tudy. He was a small farmer, and also owner of a mill, called Penvose Mill,
near to his cottage. The mill was on the river Allan, which runs past his
house, from the parish of St. Teath. There is a mill leat, which runs for a
considerable distance parallel to the river, there being a narrow strip of
land between, occupied as orchard. The river is about three feet higher
than the leat; and there is an opening, about two feet wide, from one to the
other, having stones under, and also a large moor-stone over the leat. In
consequence of something he had heard, witness and his wife sat up, on the
night of Friday the 6th of January. It was full moon. At eleven o'clock
that night, witness saw the stone bridge secure. He went out of his house
about twelve o'clock, passing first through his front garden, and then
through some fir trees which sweep round the outside of the garden. Between
the firs and the river is a plain meadow. Just as he came outside his door,
he heard a bar of iron ringing on the moor-stone bridge. He went about half
way across the meadow, and said "hallo my boys, what's onward here?" They
then fired a gun at him, and he ran away. The shots came right by his side,
and went into the firs close by. The person who fired the gun was standing
on or near the little bridge, about 20 or 30 yards from witness. While
witness was running away, he heard Sloggett say, "d-----n ye, stand fire,
stand fir." Would swear it was Sloggett's voice. Sloggett lives at St.
Teath church-town. Witness ran in towards his house, and then crossed the
river and got just the other side of the leat in St. Tudy parish into his
garden, over the wall of which he looked, and saw Sloggett and Cradock
tearing down the bridge. Oliver was standing by with a gun or stick in his
hand. There were five or six persons there altogether. Witness stayed five
or ten minutes looking at them. They then went down the river and crossed
towards witness's side, and got out into the road at the bottom of the
meadow. They went on the turnpike road within 30 or 40 yards of his house,
and fired five guns as quick as you could tell them. He then saw no more of
them. There was a large wood the other side of the road. He afterwards
examined the windows of his house, and found seven panes broken, and some
shot in the upper bed-room. Next morning, he examined the fir trees by the
spot where he had been fired at; and found the limbs were cut in two, just
where he heard the shots go in. The limbs were just hanging by the skin.
The marks were about breast high. The bridge had been destroyed at the
preceding full moon; and Sloggett told witness that he would cut down the
mill wheel, because he (witness) stopped the fish from coming up the river.
Had also heard Cradock say they intended to do him some mischief, by tearing
down this thing and that. These conversations were about two years ago.
Cross-Examined. Had himself helped to pull down stoppages on the river, but
never fired a gun. Could not say, if other persons with him fired or not.
Witness knew of these parties having filled up the bottom of his leat, about
three months before; and they were to be prosecuted by his lord, Mr.
KEKEWICH. Witness kept a gun for shooting blackbirds; but did not shoot
among the firs for fear he should "disfugle" them. Re-Examined - It was
more that 20 years ago that he pulled up any stoppages in the river.
MARGARET COWLING, wife of prosecutor, in her examination in chief,
corroborated his evidence, adding that when the first gun was fired, she
called upon her son-in-law, and the servant. CHARLES HICKS, constable,
being sent for on the night in question, as he came up to the house on
horseback, heard two guns. He did not then examine the windows. He went
down to the bridge, and saw that it was torn up. He went to search for the
men, but could not find them; there was a wood opposite Cowling's house.
The next evening he apprehended Oliver at the Old White Hart, in St. Teath.
Oliver denied having been at Cowling's, but afterwards asked witness why he
had not taken up any one else; was he the only one? The next day, witness
apprehended Cradock at his mother's house. Afterwards he examined the fir
trees pointed out by Cowling. Cowling also pointed out the spot, where the
men stood; it was about sixty feet from the bridge that was thrown down; and
sixty-one yards from the fir trees. Witness examined the windows, and found
five very much shattered. RICHARD PASCOE, was Cowling's tenant at Penvose
Mill, and about six months before the 5th of January, had some conversation
with Cradock, who said Mr. Cowling would not be left so quiet this winter;
and they were coming down to tear down his fishery, and so on; and that
there were several people in St. Teath vowing vengeance against Cowling.
HENDER BEAR, was at Camelford market on Friday the 5th of January, and on
his return, came on the road by Knight's mill, about two miles from
Cowling's, at the place where the old and new roads join, about ten minutes
to eleven o'clock. He saw five or six persons standing there; one of them
was Sloggett. Witness spoke, but got no answer from any of them. They had
something in their hands; it may have been a walking stick. Witness then
went on the old road to St. Teath, and when he had proceeded about 20 or 30
yards, met another man, to whom he said, "good night, Edwin." Witness got
no answer; the man turned his face towards the hedge. Witness believed him
to be Edwin Oliver; but could not swear positively. Last Christmas,
Sloggett said to witness in St. Teath Churchtown, that he was the "chap"
that stayed up watching for Cowling about the fish. Witness said he was
not. Sloggett told him to walk out of the town, or else he would get it.
Had heard Sloggett say that the St. Gennys men (men) were coming to tear
down Cowling's weir. RICHARD WALLIS remembered when some people were
filling up the leat, and heard Sloggett, who was one of them, say if he
caught Sam. Cowling coming down there, he would throw him into the leat, or
Cowling should throw him in. JOHN BASSET COLLINGS, clerk to the committing
magistrates, produced the examinations of the three prisoners, all of whom
stated that they were in bed on the night in question by about ten o'clock.
HENRY WILLIAMS, constable of St. Kew, took Oliver to Bodmin gaol, who denied
that he was present. Mr. Slade addressed the jury for the defence; and
called witnesses to character for peaceable conduct. EDWARD COLLINGS, Esq.,
the committing magistrate, Mr. CLARKE, of Bodmin, and Mr. LYNN, of St.
Austell, gave Oliver an excellent character, Mr. NICHOLAS SMALE, of St.
Teath, spoke to Cradock's character particularly. The following witnesses
gave evidence in favour of all three prisoners; Mr. H. HAWKEN, Mr. J.
PEARCE, Mr. C. RUNDALL, Mr. J. LAING, and Mr. R. PHILP. Verdict, Not
Guilty, in the case of each prisoner. No evidence was offered on two other
bills preferred against the prisoners, one of which was for shooting at
Margaret Cowling.
CHARITY BENNETTS was convicted of stealing articles of wearing apparel, the
property of WILLIAM HOSKIN WHITING her master, landlord of the Barley Sheaf
Inn, in Bodmin. Sentence, Three Months' Hard Labour.
ROBERT PHILLIPS, 16, who pleaded Guilty to the charge of obtaining a watch
under false pretences, was sentenced to Six Months' Hard Labour.
THOMAS WOOLCOCK, 20, and FREDERICK STONE, 21, charged with having entered
the dwelling-house of ROBERT LUKES, of Lanivet, on the 4th of February, and
stolen therefrom certain monies, his property. The prosecutor was a miller,
and on Sunday evening, the 4th of February, about half-past five, went with
all his family to Lanivet Methodist Chapel, leaving no one in the house. On
their return, about nine o'clock, the prosecutor found that his box in his
bed-room had been broken open, and money taken to the amount of GBP19. 5s.
Several footmarks were visible on the window seat, and the window leaf was a
little way abroad. Through a long train of circumstantial evidence, the
prisoners were convicted of larceny, but the charge of burglary could not be
supported, in consequence of SUSANNA JANE's unsatisfactory evidence, as to
the state in which she left the window on going to chapel. The two
prisoners were very bad-looking fellows; and from what came out in evidence,
their looks did not belie them. It appeared that they had formed the design
of "calling on" Mr. SCANTLEBURY, the confectioner of Bodmin, before long.
The sentence in each case was Twelve Months' Hard Labour.
CHARGE OF ILL-TREATMENT OF A CHILD BY ITS MOTHER. ELIZABETH HONEYCHURCH,
22, was charged with having committed an assault on WILLIAM HONEYCHURCH, her
infant bastard child, whereby it received injuries dangerous to life.
ELIZABETH MERIFIELD, from the St. Austell Union-house, stated that the
prisoner had a bastard child, born on the 5th of July last, which used to
sleep in the same bed with her. Witness remembered a night in the beginning
of January when the child was crying. Saw prisoner get out of bed, while
the child was crying; she returned to the bed, and the child stopped crying.
It was not able to cry for a minute and a half; but "fetched as if its
breath was stopped. Witness did not see the prisoner do anything to her
child; but asked her why she ill-used it in that manner. She said, she had
a right to use her child as she liked. After that night, the child was
taken from prisoner. The child was not able to cry after this so loud as it
was used to do, but lay in a moaning state, and could not keep down its food
as it did before. It always ate its meat heartily before that; but
afterwards, it ceased to cry, and rejected its pap. MARY OLIVER slept in
the same room with prisoner, and remembered one night the prisoner's child
crying frequently. Saw prisoner get out of bed, leaving the child on the
bed crying. She then took it up by the sides, and shook it, leaving a red
mark on its right side. Witness did not notice a mark on the other side.
When prisoner laid the child down in the bed, she said "Lay down, you little
devil." After that the child did not cry strong as before. It only moaned,
and it rejected its meal, and never kept any down after that night. Before
it was a very hearty child. Witness had had one child. It was an unusual
thing for infants to bring up their food. Had often heard the prisoner wish
the child dead. JANE COOPE, nurse at the St. Austell Union-house, used to
have care of prisoner's child; and one morning in January last, had occasion
to examine it. It had a bruise on each side, and never kept down its pap
meat from that time. It died about six weeks afterwards. By The Court.
Never saw a child bring up its food like that one did. It is an unusual
thing for a child to bring up its food. Up to the time of the inquiry, the
mother had suckled the child, and when it was taken away from its mother, it
brought up its food. EDWIN EVELEY, an officer of the Union-house,
remembered the time when the prisoner was accused of having ill-used her
child. He examined it, and saw black marks on each side of her child,
evidently finger marks. It was a fine child before that; but appeared to
fail immediately afterwards, and never recovered. DAVID ROBINSON, surgeon,
who attended the St. Austell Union-house, stated that the child was born on
the 4th of July, and continued healthy till about the middle of November,
when the mother herself was taken ill. She had suckled it from the time it
was born. The mother was taken to the hospital labouring under slight
inflammation of the chest, and then the child was taken with vomiting and
purging about the middle of November, and from that time it continued to
waste. Witness pronounced that the child had the mesenteric disease. About
the second week in January, witness was called in, when the nursery
attendant had undressed the child. He examined the sides of the child, and
found them bruised; There were hand and finger marks. In consequence of
that, he recommended the child to be given to another woman to nurse, for
fear the mother might do some harm to it. The change of milk from that time
caused a constant vomiting. This is frequently the case. The child was
taken away from its mother the next day, and she never nursed it more. The
Judge. Are you of opinion that the child's health was affected by the marks
you saw? Witness. No, my lord. If the bruises on the side had produced any
effect, it would have been inflammation of the pleuro-costal ribs, and
adhesion would have taken place, which was not the case on post mortem
examination. The child did not vomit when with the mother after this
injury, so much as it did subsequently. It vomited occasionally just before
it was taken away from the mother. During the one day that the mother had
it in charge after the injury, it did not vomit more than it had before. A
child may cease crying from a thousand causes. The Judge - You can judge
from the examination of the child during life and after death, whether there
was such injury as to affect its health and render it unable to cry. Are
you of opinion that the child's health was affected by any injury it had
received? Witness. I should say, no. The Judge. Are you of opinion that
the child had received bodily injury dangerous to life from anybody?
Witness - No, my Lord. The child died from natural causes; the child died
from mesenteric disease. We lost from 12 to 20 children in 1842, from the
same disease, in the same house. The Judge. Is it your opinion that the
disease of which the child died was neither produced nor fostered by the
mother's treatment? Witness. It was not, my Lord. The Judge - Had the
pressure of the fingers on the child's sides any thing to do with any
disease of the child? Witness - No, my Lord. The pressure was too high up
to affect the mesenteric glands in any way. Verdict, Not Guilty.
NISI PRIUS COURT. Thursday, March 21. CASE OF SCANDAL. PENELIGON
v. CLEAVE. Mr. SLADE for plaintiff; Mr. COCKBURN for defendant.
Attornies, Mr. E. LYNE for plaintiff; Mr. HAMBLY for defendant. The
plaintiff in this case was ALICE PENELIGON and the defendant JOHN CLEAVE;
and the declaration stated that the plaintiff, being of good fame, was
courted by one Robert Cleave, and was about to be married to him, when the
defendant spoke defamatory words concerning her, which broke off the
marriage. Damages were laid at GBP500. The defence was, privileged
communication. The details of profligacy and folly presented by the case
are scarcely fit even for kitchen gossip; but the facts in substance are
these: Robert Cleave is one of the principal farmers in St. Breock, and a
guardian. About twelve years ago, Alice Peneligon, who had previously lived
as a servant with his father, came into his service and shortly afterwards
became his mistress. The result was a child, which died when a few months
old. She then went into the service of a very old man, named PAYNTER, of
St. Breock, still carrying on her immoral intimacy with Cleave, till she
found it necessary to go to Devonport to lie in the second time. The child
is still living, and seven years old. She returned to Mr. Paynter's
service, and lived with him, in all, seven years, till his death, when she
went back to her old stye with Cleave. In February 1842, Cleave determined
to marry her, and told his brother John, the defendant in this action, and
who was his partner, of his intention to put in the banns. Defendant
strongly urged his brother against such a step, and told him that she was
common to any one, and had been intimate with himself, an assertion which he
afterwards admitted to be untrue. Cleave did not marry the plaintiff but
continued to live with her as before, and there is now a child three months
old, which is called Rebecca, after Cleave's sister. The jury marked their
sense of this disgusting case by returning a Verdict for the Defendant.
ROW v. WILLIAMS AND OTHERS. Mr. CROWDER and Mr. BUTT for plaintiff; Mr.
COCKBURN and Mr. SMITH for defendants. The parties in this cause were
residents in St. Ives, the plaintiff being a sail maker; and the defendants,
three brothers, of whom one of them JASPER WILLIAMS, was a watchmaker,
living next door to plaintiff. The action, which was one of trespass, was
brought to try the right to a courtlage which plaintiff claimed to belong to
his house, and alleged to have been always occupied as part of his premises.
WILLIAM HICHENS attorney, stated that he knew the house in which plaintiff
lived; that he was trusted for the property, and that plaintiff was the
lessee from year to year. In the summer of last year, witness went in the
house at the request of plaintiff's wife. He found the gate of the
courtlage locked, and the servant of Mr. Row opened it to him. He spoke to
Mrs. Row, and the maid-servant let him out, locking the gate after him.
Going down the street, he saw the Williamses, with a mason, at the bottom of
the hill, and returned with them to the courtlage gate. Mrs. Row came to
the door with the maid-servant; and witness asked Mrs. Row if she had any
objection to allowing Mr. Williams to come to and fro that court-yard? She
said she had not; but her objection was to their coming into the court to
pull down a building, the shoemaker's shop. The defendants replied, they
had as great a right there as Mrs. Row, and one of them desired the mason to
break open the door. The mason would not comply with this request; and then
James Williams took the crow bar, and broke it open himself. All three
brothers were present. After this, witness saw the court filled with
building materials for some time. Had known the property twenty-six years.
The gate was always locked. A right of way would ruin the property.
Verdict For Plaintiff, 40s. damaged, subject to reference.
QUICK v. QUICK AND OTHERS. Mr. RAWLINSON and Mr. COLE for plaintiff; Mr.
CROWDER for defendants. The plaintiff in this cause was William Quick,
residing in the parish of Zennor; the defendants, Peter Baragwanath Quick,
living near St. Ives, and his two servants. The declaration stated that the
defendants, on the 10th of November, 1843, broke and entered the
dwelling-house of the plaintiff, the outer door being fastened, and did
considerable damage, breaking several locks, &c. Defendant put in nine
please; the first of which was a plea of Not Guilty; the 2nd, 3rd, 7th,
8th, and 9th alleged, in effect, that the property in question did not
belong to plaintiff, but was the property of WILLIAM RICHARDS; the 4th and
5th pleas, ultimately affected merely the question of costs, concerning the
ejectment of plaintiff; the 6th plea traced defendant Quick's possession of
the property to a grant in 1792, from the Duke of Bolton, as Lord of the
manor of Ludgvan Leaze in Porth Is? On this plea, no evidence was offered,
although, we believe, witnesses were in attendance during the Assizes, who
were to speak to some rather peculiar customs of the manor. Mr. Cole having
opened the pleadings, and Mr. Rawlinson having stated the case to the jury,
GEORGE STEVENS was examined. He stated that he was a miner, living at St.
Just, but formerly lived in Trevecale. He knew the plaintiff, and
remembered his living in an old tenement called Sweet's, some time before
Midsummer last. Remembered seeing Mr. JOHN, attorney, of Penzance, and Mr.
HICHENS came there while he was living there, about a week before Midsummer.
Cross-Examined. William Quick was in the house at this time; the door was
not then locked. The magistrates were there also. Never saw Wm. Quick in
the house but on that one occasion. Quick had told witness that he came to
the house, found the door abroad, not locked; he went in and kept the people
out. William Quick had told witness that, since the magistrates were there.
Remembered plaintiff's living as a lodger before that in Zennor Church-town.
Knew the Richardses of Treveale. Re-Examined - Plaintiff said he took
possession of the house because he thought it belonged to him. He said,
BETSY CHRISTOPHER was his aunt, and had given up possession of it to him;
and he meant to keep it. Witness was on the premises in May, 1842, when
Mrs. Christopher was there. Plaintiff was there with her. Had not heard
that Mrs. Christopher was dead.
By Mr. Crowder - When witness went to the house, the Richardses had some
of their dairy things there. It was a dwelling-house. Richards milked the
dairy there. Mrs. Christopher and plaintiff went there together; and Mrs.
Christopher told the Richardses that she wished them to go out of the house, that she was going to take possession. They said nothing to the contrary
of that. She remained there not quite ten minutes. Witness and Wm. Quick
went out together; and Betsy Christopher stayed behind. She then made home
the door, and locked herself in; after which she unlocked the door, came
out, and locked the door on the outside, giving the key to William Quick,
and telling him she gave up possession to him. Quick gave back the key to
Betsy Christopher, and she gave it to William Richards, telling him to pay
the rent to William Quick. Richards said he did not care who he paid the
rent to; he would as soon pay to one as another. Witness could not say at
what time afterwards, William Quick got into the house. ROBERT EDWARDS, a
farmer, lived about a mile from Sweet's tenement, which he knew very well.
Saw William Quick in the house during the last summer. On the 10th of
November, witness was on his way to Treveale on his own business, when Peter
Baragwanath Quick, JOHN BARKER, and WILLIAM HALLATT overtook him. John
Barker had a large stick in his hand. Witness asked him how far he was
going. P. B. Quick made answer and said he was going to Treveale again
about Quick. They then all travelled on together. When they came to
Treveale, P. B. Quick went to the door of a neighbour's house, and a man
inside handed him out a bar of iron, with which he went to Wm. Quick's and
pitched abroad the door. Had not heard Peter Baragwanath speak to anybody
before doing this. Shortly after that, Wm. Quick pointed a gun from his
chamber window, threatening to shoot Peter, if he did not leave the door.
Peter said he would risk the shooting. William then told him if he broke
in, he must take the consequences of the law. Peter then burst open the
door, and all three defendants went in and walked up stairs. A dag and a
bittock were thrown out of the chamber window; after which William Quick
came down stairs followed by Barker, who put his hand close to Quick and
said "You must go out." Wm. Quick came out, and Peter told him if he caught
him there again he would give him a hiding. Did not know what goods were in
the house. Saw a table brought out, and placed before the door. DAVID
CURNOW, labourer, living at Zennor, knew of Wm. Quick's being in Sweet's
tenement for two or three months last summer. He was there at harvest, and
had furniture there, a table, bed, and a form. Remembered when William
Quick was 'heaved out' in November. After that, on the 13th of November,
witness saw John Barker and two other men pulling off the roof and timbers
with which Peter Baragwanath Quick, and another man were loading a wain.
They completely stripped the house. Mr. Crowder addressed the jury for the
defence; and called WILLIAM HICHENS, defendant's attorney, who proved the
hand writing of the attesting witness to a deed, dated July 7th, 1827, by
which John Sweet, for the consideration of GBP140 conveyed to William Quick
a reversionary interest for 99 years, in the tenement in question. Both
Sweet and Quick were dead; and Mr. Hichens produced probate of Quick's will
by which he gave the tenement to Thomas Quick, and appointed James and
Robert Quick his executors. Mr. Hichens next produced a deed, dated March
28, 1842, between Thomas Quick of the first part, James and Robert Quick, of
the second part; and P. B. Quick and William Quick both of Trevalga, in St.
Ives, of the third part; by which deed the premises were conveyed to P. B.
Quick for the consideration of GBP250. Ann Richards had a son called
William, who occupied the dairy at Sweet's tenement, which he took in March,
1842. He lived with witness while he occupied it; witness's house was a
few yards off from the farm. There was a small house on the farm, where
they kept the milk. After she had been there some time, she saw William
Quick, the blacksmith, come on the farm, in May last, with Mrs. Christopher.
Mrs. Christopher's maiden name was Elizabeth Quick. They went into the
dairy house. Mrs. Christopher said she was come to take possession of the
dairy. Witness was about her work, and made no answer. It being feasten
time, witness had some friends with her from the Land's End. As witness was
by the door, going out milking, her son came in and took the buckets; and
witness heard Betsy Christopher say to the visitors from the Land's End; "if
you please, rise up; I am going to lock the door." The women came out; and
then Mrs. Christopher locked herself in, and afterwards locked the door from
the outside. She then told witness's son not to pay the rent till
Christmas; she was thinking to try if she could not get the place.
Witness's son told Mrs. Christopher he had nothing to do with her' that he
had taken nothing of her, and she must go to the landowner. Witness
remembered one evening in the summer, locking up the dairy house about seven
or eight o'clock. The next morning, she saw William Quick (the plaintiff),
in the house; and afterwards saw him taken out two or three times.
Cross-Examined. It was some time in April or May that William Quick got
into the house. No use was made of that house by witness from the time that
William Quick came in. All the cows on Sweet's Bargain belonged to Mr.
Peter Baragwanath Quick. During the whole of last harvest, William Quick
was living in the house. She did not know how quietly he held it. William
Richards, son of last witness, in March, 1842, took the dairy cows on
Sweet's tenement, of Mr. Peter Baragwanath Quick, at GBP28 a year. Witness
had the dairy, house, and three cows which belonged to his landlord. After
this taking, he used the dairy house for some time to keep milk in.
Remembered when William Quick got into the house. The door was shut in the
evening by Witness's mother; and about five o'clock next morning, witness
saw William Quick there. The door appeared to be home. Quick was put out
two or three times, and got in again when he could. The consequence of
this, witness ceased to keep his milk in the house. The Learned Judge
summed up in favour of defendant, and a verdict for defendant was given on
the 2nd, 3rd, 7th, 8th, and 9th pleas; and for the plaintiff on the 1st,
4th, 6th and 7th pleas.
TRIALS OF PRISONERS. RICHARD ELLIOTT, 17, charged with having stolen at
Menheniot, a silver watch, the property of WILLIAM PEARCE. The prosecutor
was a miner, and on Friday, the 1st of March, changing his clothes to go
underground, left them in a stable belonging to Mr. PENGELLEY, near the
mine. There was a silver watch in the trowsers, the chain of which was
hanging out of the pocket. On coming to grass again, prosecutor found his
watch was gone, and the next day, it was found at prisoner's house by the
prosecutor and constable. The prisoner was seen close by the trowsers, a
short time before the watch was lost. Guilty. Three Months' Hard Labour.
THOMAS BUNNY, 17, was indicted for stealing at Moorswater, near Liskeard, a
pair of cotton stockings, the property of WILLIAM JAMES. The property was
stolen while in the charge of a washerwoman named ROBERTS, on the 15th of
March. She missed the stockings from a line on the premises, in the
evening, and on the following day the constable DAWE apprehended the
prisoner, and brought him to Mr. CANDY'S house, adjoining Mrs. Roberts's.
She immediately recognised the stockings, and prisoner begged her
forgiveness. Dawe produced the stockings in court, and Mrs. Roberts
identified them. Verdict Guilty. The jury recommended him to mercy of the
court, on which the Learned Judge asked on what ground they did so. The
foreman replied that it was a slight offence, and he had shown marks of
repentance when he asked Mrs. Roberts to forgive him. The Judge considered
this rather a mark of fear; and in passing sentence said he did not consider
the offence a slight one, because of the injury it might have inflicted on
the character of Mrs. Roberts, who would probably have been suspected of
dishonesty, but for the detection of prisoner. Two Months' Hard Labour.
JOS. ABRAHAM, 18, indicted for stealing two fowls, the property of Mr. JOHN
WILLIAMS, at Liskeard, on the 21st of March. Guilty. Three Months'
Hard Labour.
JOHN GORRELL, 19, was convicted of stealing a quantity of potatoes, the
property of WILLIAM SYMONS, and sentenced to Three Months' Hard Labour.
12 APRIL 1844, Friday
TRIAL OF PRISONERS. JOHN JOHNS, 10, was charged with stealing three
faggots of wood, the property of JOHN LIGHTFOOT, at Burlawn, in St. Breock,
on the 19th of December last, but was found Not Guilty. The prisoner was
defended by Mr. BENNALLACK.
GEORGE MERTON, 33, and RICHARD HAWKE, 21, were charged with having stolen,
at Truro, one cwt. of iron, the property of ROBERT MICHELL and others. Mr.
STOKES conducted the prosecution, and Mr. BENNALLACK the defence. Mr.
Stokes briefly stated the case, and then called JOHN ALLEN, who said, I am
in the employ of Messrs. R. MICHELL and Son, of Truro. In their yard the
Penpoll Lead Company deposit their iron. On the evening of the 1st of
April, I particularly noticed a crock in the pile of iron. On the morning
of the 2nd I had to go down the river with my lighter. Just before I came
to the yard, I heard some old iron rattling, and when I came up to the gate,
I saw the prisoners filling the hand barrow with iron from the pile. I went
towards them, and as soon as they saw me, they jumped into their boat, which
was alongside of the wharf. They had about 4 cwt. of iron in the boat. I
said to Merton what are you doing here? He said he had brought some old
iron for me to see the weight of. It was a beautiful moonlight night; the
yard is open to the river. I said it was a pretty time of night to bring
iron to be weighed at two o'clock, and Merton said yes, he was down at
Trevaster when the clock struck one. Then I said if you brought this iron
for me to see the weight of, what are you taking it away again for? He then
said he had altered his mine, and was going to bring it by day light, and he
would not weigh it then. I saw the crock in the boat, which I knew. I made
the prisoners bring all the iron out of the boat and in day-light I
recognized other things. I then went to JAMES WEST, who lives near the
gate, called him up, and put him in charge of the iron. James West examined, Remembered being called by the last witness. I went to the yard, and he
gave into my charge some iron. Noticed a crock and pick gone; had seen them
in the yard the day before. Gave the things the same morning to Staple, the
policeman. Remained in charge till the policeman came. WILLIAM STAPLE, the
policeman produced the iron which the prisoners had taken; and the crock and
pick, and some other articles, were identified by JOHN WHETTER, the foreman
of the yard, as the property of the Penpoll Lead Company. Mr. R. MICHELL,
Mr. W. MICHELL, and Mrs. PENROSE from the company. Was called on the
morning of the 2nd of April, and received the old iron, which had been found
in possession of the prisoners. That iron he delivered to the policeman.
EDWARD MICHELL proved that Mr. Robert Michell was one of the Penpoll Lead
Company, and that the iron belonging to the company was kept in the yard in
question. The prisoners stated that they had bought the iron at St. Mawes.
Guilty, Six Months' Hard Labour.
WILLIAM MARSHALL, 31, was charged with having stolen five deal boards, and
other timber, the property of Mr. JOHN HOOPER, of St. Mabyn. Mr. JOHN and
Mr. COLLINS were for the prosecutor, and Mr. BENNALLACK for the defence.
John Hooper examined. I live at Trequite, in St. Mabyn. In March last, I
had some deal boards; had 17 lying up against a hedge to dry; on the 29th
of March, I went to the place where the boards had been placed; I found 11
remaining; on the 23rd or 25th I saw 16 there. In consequence of
suspicion, I went on the prisoner's premises, and the constable brought out
some timber. The prisoner is in the employ of Mr. OLVER, and is a
carpenter, living about half a mile from my house. I knew one of the boards
that had been stolen, by some marks on it; that was found at the prisoner's
house. EDWARD TABB examined. I am a carpenter and was lately employed by
Mr. Hooper to cut up some timber; afterwards saw it on prosecutor's
premises. I saw 16 pieces on the premises on the 25th of March; know three
of these pieces by marks on them. JOSEPH ROWE examined. I am a carpenter,
and am in the employ of the prosecutor. Master had 17 boards near a saw
pit, and afterwards 16 boards; went with Hambly the constable to search
prisoner's house for the lost timber; made the search with Hambly, and found
Mr. Hooper's boards there. There were some boards left, and those at the
prisoner's corresponded in the cut with them. When they were found on the
prisoner's premises they were cut in two. WILLIAM HAMBLY, in his
examination, stated that the boards he produced he found at the prisoner's
house. Afterwards apprehended the prisoner, who said "this is the way
persons do get into trouble by means of other folks." He also said
afterwards that he did not bring the boards there, and he was sorry as they
were found on his premises; he should have to suffer for it. The prisoner
said to his master, Mr. Olver, when he asked him how he came to do it, that
he did not bring the boards there, but he knew who did, and he supposed the
"healer" was as bad as the stealer. Cross-Examined - I don't know that I
stated the last before the magistrate. The examination of the prisoner was
then put in. In that he stated that he had bought the timber, and had the
bills to show where he bought them. The boards in question were then
produced, and identified by the witnesses, and also by the prosecution, as
his property. Guilty. Six Months' Hard Labour.
HENRY POLLARD HAWKE, 18, In this case, the prisoner, who resides in Bodmin,
was charged with having stolen from the person of MARY ANN ODGERS, in that
borough, two half-crowns, two shillings, three sixpenny pieces, and one
fourpenny-piece, her money. The prosecutrix not appearing to support the
indictment, she was called on her recognizances, which were escheated. Her
absence was said to have been obtained by a valuable consideration.
JAMES BIRCH, 27, was charged with having uttered and paid to JAMES SYMONS,
at East Looe, a counterfeited half-crown. The solicitor for the mint
declined to prosecute in this case, and the prisoner was therefore
discharged.
ELIZA GORDON, 71, an old Scotchwoman, who has over and over again been
consigned to the care of Mr. EVEREST as a vagrant, was brought up on a
charge of having committed a breach of the peace in the borough of Truro.
There was no appearance against her, and the court ordered her to be
discharged; whereupon the old woman asked the court for a pass to Scotland,
as she wished to be "ganging hame." In reply to questions from the
chairman, the poor old woman stated, and we believe stated truly, that she
first came into the county to see her son, who was a sailor, and had sailed
from Falmouth in Capt. JAMES's ship, in which he was drowned. Her son
allowed her money, and when he lost his life that allowance ceased. The old
woman implored the court to order the governor of the gaol to give her a
pass to her own country. The Chairman said they could not do that; and she
was then discharged. Mr. Everest observing that she should have a few
shillings if she came to the gaol.
HENRY POLKINGHORN, 20, of Truro, was charged with having committed a breach
of the peace. This is a young drunkard, who has been in prison before, but
without any beneficial result. There was no prosecution, and the Chairman,
in reprimanding him, seemed to consider that his observations were useless;
notwithstanding the prisoner's promises of better behaviour.
THOMAS SHEPHERD, 26, was charged with having stolen a pair of trowsers, the
property of JOHN WALLISH. The parties in this case were miners, the
prosecutor working in the United Hills mine, and the prisoner in a
neighbouring mine, called Wheal Grambler. On the 29th of January last, the
prosecutor left the trowsers in the changing-house, and the next morning
they were gone, and he saw no more of them till the 21st of March, when, in
consequence of information, he went down to Wheal Grambler, and there saw
the trowsers on a miner of the name of NOTTWELL[?], who was working for the
prisoner, and had had the loan of them from him, in the presence of another
miner named BROWN. Mr. SMITH was for the prosecution, and Mr. BENNALLACK,
who was for the defence, urged that the time that had elapsed since the loss
of the trousers to their being found again, ought to be a sufficient reason
for his not being called upon to account for their possession. The Court
over-ruled the objection, and the prisoner was found Guilty, Three Months'
Hard Labour.
WEDNESDAY, APRIL 10. JOHN GEORGE HEESOM, 27, was charged with stealing a
quantity of hay, the property of THOMAS PASCOE, of Penryn. Mr. GENN for the
prosecution; Mr. BENNALLACK for the defence. The prosecutor is a carrier
at Penryn, and the prisoner is a labourer there, occupying a stable within
about five minutes' walk of the prosecutor's hay rick. In January last, the
prosecutor cut some hay from his rick, and then put some old reed against
it; on the 23rd of January the rick was quite safe, and on the following
morning prosecutor observed that some of his hay was gone. Prosecutor
applied to NINNIS, the constable, and they traced hay from the prosecutor's
rick to the prisoner's stable, and in the stable there was found some of the
same kind of hay as that which had been stolen from the rick. Afterwards,
on paying a second visit to the rick, the constable discovered a mark near
the rick which answered to the prisoner's shoe. Some of the hay was taken
out of the stable and compared with that of the rick, and was found to
correspond. The prisoner, on being asked as to how he became possessed of
the hay, said that he had received it the day before from a waggoner on his
road to Tuckingmill. In the course of the case it appeared that the stable
of the prisoner was also occupied by another person named NICHOLLS, who kept
a horse in it, but the hay was being eaten by the prisoner's horse. On this
ground Mr. BENNALLACK urged, on Starkie in Roscoe', that the mere finding of
stolen goods in the house of a person, where there were other persons that
might have stolen the property, was insufficient evidence of the stealing.
The court, however, overruled the objection, upon which Mr. Bennallack urged
the same point upon the jury, and the prisoner was found Not Guilty.
MISDEMEANOR. WALTER COPPIN, 29, was indicted for neglecting and refusing
to obey an order of bastardy. Mr. JOHN appeared for the prosecution, and
Mr. BENNALLACK for the defence. The defendant is a shoemaker, residing at
Tintagel, and the offence for which he was indicted was that of neglecting
to obey an order made upon him for the maintenance of his illegitimate
child. He was indicted at the last Michaelmas sessions for the same
offence, and was then sentenced to three months' imprisonment, which he
underwent, and on the day of his liberation his friends were ready at the
gaol door with a horse and every necessary to enable him to start beyond the
reach of the board of guardians; but the board had foreseen the probability
of this, and were equally on the alert. The defendant was again taken into
custody, and was compelled to give bail to answer the charge of neglecting
to obey the order. The facts of the case were stated by Mr. JOHN, after
which the following evidence was adduced: CLAUDIUS CRIGAN HAWKER examined.
I produce the order made on the defendant in March, 1841; I was present
when the order was made; the defendant's attorney was present, and the
whole case was gone into. This order was the subject of another indictment.
I have had conversation with the defendant since he came out of prison, and
he stated that he never would pay the money. He has told me that many
times; he is a single man, and his parents are people of property - his
family bailed him on this occasion. Mr. BENNALLACK - We will pay the new
debts, but we won't pay the old. The old debt is extinguished by the
imprisonment. Last Thursday the defendant offered to pay. I pity the poor
guardians who have to pay all these costs. I have a friend in the parish
who has got an estate there, and I will take care that he does not pay
anything for it (laughter). WILLIAM CURTIS examined. I am a clerk to Mr.
Hawker. I have the order, and delivered a copy of it to the defendant on
the 3rd of March, 1841. JOHN JENNINGS, relieving officer of the Camelford
Union, said that he knew the defendant; knew SARAH BAKER; she has the
child living that is referred to in that order, which is chargeable to the
defendant; the whole amount that I have given to Baker for relief is GBP9.
1s. 9 1/2d.; had not been relieving officer during the whole time; was
examined the last time when there was another indictment against the
defendant; there was then GBP7. 19s. 3 1/2 d. due. Since then GBP1. 2. 6d.
had become due. Mr. Bennallack, which we are ready to pay. Witness, I
demanded the amount for this child yesterday, and the last time that he was
indicted. I asked him for it after his last conviction. I went to gaol and
asked him for it; he did not pay the amount. There was then due GBP7. 19s. 3
1/2 d. When I made the next demand upon him at the gaol there was 16s.
extra due; he did not pay me; he said he could not pay me, that in
consequence of his imprisonment it was put out of his power to raise means
to pay the debt. Mr. Curtis recalled. The defendant said after he came out
of prison, that since he had gone thus far he never would pay it. Cross
Examined, I never advised the prisoner not to pay it. The Defendant, You
did, you have done so repeatedly and you read the bastardy act to me. Mr.
Bennallack, And I advised him repeatedly, and will again. Mr. John, And
don't you follow the advice (laughter). Sarah Baker, examined, Has a child
living of which the defendant is the father, and it is chargeable to the
Camelford Union; is unable to maintain the child. Mr. Hawker recalled, Saw
the defendant last Thursday, and demanded the money of him, and he was told
then to show some disposition to pay and give a security for the remainder,
and the guardians would not proceed further. The whole of the amount was
demanded, and then a portion of it. The order was then read by the Clerk of
the Peace. Mr. Bennallack urged a number of objections to the indictment,
and contended that the old debt was purged by his having already suffered
three months' imprisonment, and that no demand ought to have been made for
that. The defendant had always been ready to pay the amount that had
accrued subsequent to his imprisonment. The Chairman in summing up said
that it was an offence at common law to disobey an order of sessions, or of
a magistrate out of sessions. A misdemeanour at common law was a contempt
to public justice, and it was his duty to tell them that they must lay aside
their opinions as to whether the measure was a harsh one. They might all
have their opinions on that point; but the sole question for them to
consider was, whether the defendant had disobeyed the order of sessions.
The order was put in, and upon that the jury would have to decide. A demand
was made upon the defendant under circumstances which he did not entirely
approve of, but still the demand was made. There was mixed up with that
demand the old arrear, and he was not prepared to tell them that the
imprisonment that he had suffered had discharged the debt. He was afraid
that the law was this, that every time he did not pay, so long he continued
subject to this order. But perhaps the wiser course would have been to have
tendered the amount that became due after his last imprisonment. The only
point for their consideration was whether the defendant had disobeyed the
order. The jury, after a few minutes' deliberation, found the defendant
Guilty, and he was sentenced to Four Months' Imprisonment.
TRIAL OF PRISONERS. ASSAULTING A CONSTABLE. EDWARD DUNN, 60, EDWARD
DUNN, jun., 27, and MARY BURT, 25, were indicted for a riot and an assault
on three constables, while they were in the execution of their duty. There
were various counts in the indictments; the offence being committed by the
defendants while the constables were trying to apprehend Edward Dunn, jun.,
on a bench warrant, charging him with a misdemeanour. Mr. SHILSON appeared
for the prosecution; Mr. STOKES for the two male defendants, and Mr.
BENNALLACK for the woman, who is a daughter of the old man. Mr. SHILSON
stated the case, and then called BENJAMIN JULIAN NOTT, who said, I am a
constable at St. Austell. In January last, I received a bench warrant for
the apprehension of the younger defendant. I took a constable of St.
Austell, named HOOPER, with me, for the purpose of apprehending him on the
6th of January. We went to Mevagissey, and saw ORGAN, a constable, there,
who went out to see for the prisoner, while we stayed at Mr. MARSHALL's
public-house. We afterwards went out to apprehend him towards the head of
Cliff-street; on our road the prisoner, Mary Burt, passed us; about half
way on towards the cliff we saw her again. She was then leaning on a wall
that looked over the pier, and she called out and asked if Edward was there,
for they had come to take him. We passed her, and at the top of
Cliff-street we found the younger prisoner. He was looking over the wall
towards the sea. Organ touched him on the shoulder, and said, Edward, we
want you. He then looked up, and I opened the warrant, which I now put in,
and read a part of it to him; I attempted to explain to him that all that
was required of him was to come before a magistrate to give bail to answer
the charge at the sessions; before I could say many words he attempted to
pass me to go towards the sea over a narrow place down the cliff. Organ and
Hooper had hold of him, and I also took hold of him by the braces, he had a
[...?] shirt on. He made an attempt to strike me, but could not, and then
his sister came up. She jumped at me at once, and scratched my face. I
then said for God's sake Mary, what are you about, you are doing great
before your brother; and I attempted to explain to her what I wanted. I
remonstrated with her brother, and he became very violent indeed. There was
a large crowed there collected, and he repeatedly called upon his sister to
fetch his knife. He said with an oath that he would cut my guts out, that
he would cut his way through. He called for his knife repeatedly. I lost
sight of her, and then he called upon the people present to give him a
knife. Mary Burt returned in about a minute and struck Hooper several
times. She then left Hooper, and again [attacked?] me. She somehow or
other tore my nostril. Hooper lifted his staff to strike her, and I begged
he would not and then he pushed her with his staff under the eye. I then
saw the elder Hooper{think this should be Dunn?] come up from the cliff; he
went into a house and got a brush without a handle, and came towards us.
Organ begged him to drop the brush, but he came behind Hooper and made a
blow at him with the brush. I stopped the blow, I think by my staff
striking him on the wrist; he dropped the brush, and I took old Dunn into
custody. I told the old man what we wanted, and then Hooper seized him on
the other side. The younger prisoner was then struggling with Organ when
Lieut. KIDDELL came up, and LEAN and another constable of Mevagissey had
come by this time. Hooper and myself were still holding the old man, and we
were going up towards the cliff. The old man attempted to go over the cliff
with all three of us. In the struggle, either Hooper or myself said, if you
attempt that again I will knock you down. The old man repeated it again,
and then Hooper went over the cliff, and while falling, turned over; the
cliff was a height of at least twelve feet. As Hooper went over the cliff,
he struck the old man on the head, who fell back, and in consequence of
that, I think it saved us both. Then Lieutenant Kiddell came down. I said
you have thrown Hooper over the cliff, and perhaps you have broken his neck.
He said he wished he had and mine too. The sister came on crying; I begged
them to be quiet, and at last they were pacified. Lieut. Kiddell came up,
and with his other assistance we took the younger prisoner to the guard
house. Afterwards there was no violence, and the other prisoner walked with
the younger Dunn. There may have been at least a hundred persons, many of
whom [repeatedly] cried, throw the ---- over the cliff.
Cross-Examined. We reached Mevagissey about eleven o'clock in the [d....?].
I took pistols with me; they were not loaded. I had been cautioned before
as to the desperate resistance I might expect. I tried to load them, but I
could not. I did not tell him or any of them that I had pistols with me
before the prisoner was in custody at Mr. Marshall's house. No one said to
me take out your pistols. The old man was coming up by the side of the
cliff when the young woman had the poke with the staff under the eye. She
exclaimed she was killed when she had the poke. I am certain the old man
tried to throw us over the cliff. By Mr. Bennallack. I saw the defendant
Mary Burt knock Hooper over the head with a clogg or a patten[?] FRANCIS
ORGAN, one of the Mevagissey constables who assisted in the apprehension of
the younger Dunn, gave evidence corroborative of that of the last witness.
THOMAS HOOPER, another constable of St. Austell, in his evidence, stated,
that when the younger prisoner was apprehended, he put his fist in Mr.
Nott's face and attempted to get away. During the struggle his sister came
up; and in the first place she struck witness over the neck, and said let my
brother go. She then turned round to Nott, and scratched him over his face;
she was very violent in her conduct, and appeared to be in a great rage. In
a short time afterwards the father came up, and tried to separate them from
the young man. Saw Organ and Nott lay hold of the old man, who struggled
very much. This was on the edge of the cliff, and in the course of the
struggle they got further down the cliff. The old man at the time fixed his
foot against the side of the rock, and made a desperate shove towards the
quay over the cliff. At the instant the old man made the shove, witness
struck him, and after that he could give no more account of them, for he was
knocked senseless. The next thing that he remembered was being down on the
beach. His thumb was knocked out, his arm sprained, and his side injured;
was under the care of a surgeon at St. Austell for six or seven weeks,
during which time he was not able to attend to his occupation as a butcher.
Lieut. John Kiddell who now commands the "Harpy" cutter, at Plymouth, gave
evidence in corroboration of the constables, stating that he remonstrated
with the old man for resisting the end power, and that the constables used
no unnecessary violence in the execution of their duty. This being the
case. Mr. Stokes took an objection to the count which charged the
defendants with riot, there being no concert proved. The Court concurred in
the objection; and Mr. Stokes and Mr. Bennallack then addressed the jury
upon[?] the case, after which the Chairman summed up, in the course of which
he observed that he never heard a case where constables had approached their
duty with greater consideration. The jury immediately found all the
defendants Guilty of Assaulting A Constable While In The Execution Of His
Duty. The Chairman sentenced each of the prisoners in a very feeling
address to 20[?] Months' Hard Labour. In the case of the older prisoner,
the labour was to be at the discretion of the governor of the gaol. All the
parties appeared to feel that situation very acutely - the father holding
his head down and shedding tears during the whole of the trial. Both father
and son were fisherman of Mevagissey, and appeared, as well as the daughter,
to be respectable persons.
MISDEMEANOR. EDWARD DUNN, jun., was again indicted for neglecting and
refusing to obey an order made on him for the maintenance of a bastard
child. Mr. SHILSON said this is the indictment to which I referred you just
now, out of which the last case [....?] The defendant was charged by the
St. Austell union with being the father of a child born a bastard, of SOPHIA
COMB. The child was born on the 25th of August last, and an application was
made to the petty sessions. The defendant appeared there, evidence was
heard, and an order was made upon him for the maintenance of that child.
The case would be short. He should merely have to prove the circumstance of
the birth of the child, that it was still alive, that there had been money
paid for the maintenance of it, that an order was made upon the defendant,
which was served on him, and that he had refused to pay the money that was
due. These facts were proved as stated, and the defendant, at the close,
said, suppose I get a friend to pay this money, and I pay all future money,
should I be free or not? The Chairman, I cannot say; you must make your
arrangements with the officers of the union. You are here for the
disobedience of an order, and you must answer for it. The jury then found
the prisoner Guilty. (In the case of assault, the defendants had each to
pay court fees to the amount of GBP2. 13s. 4d. to the Clerk of the Peace,
and the defendant had in this last case a similar amount to pay. The
prisoner was sentenced to One Month's Imprisonment In The Gaol, to commence
at the close of the former sentence.
APPEALS. PLYMPTON ST. MARY appellant, v. LEWANNICK respondents. Mr. JOHN
and Mr. LOCKYER for appellants; Mr. SHILSON and Mr. DARKE for respondents.
This was an appeal against the removal of the widow of a deceased labourer,
named JOHN COLEMAN, and her five children, from the parish of Lewannick to
that of Plympton St. Mary. In the hearing of the case, two statements were
taken by the advocates for the respondents, and were over-ruled. In support
of their case, the advocate for the appellants called the mother of the
deceased John Coleman, to prove that the deceased had gained a settlement by
hiring and service in the parish of Northill in the service of Mr. RICHARD
HICKS, but on the examination of Mr. Hicks himself, the proof broke down,
for he stated that during all the years that the deceased was in his
service, he let him go away to work for neighbouring farms in harvest, and
that the deceased received the whole of his wages from them while he was so
employed. This being the case, the appellants gave up, and the order was
confirmed, with common costs, and GBP3. 4s. 6d. maintenance.
THE CHURCH. The Rev. NOEL LOWE, last Assistant Curate of Falmouth, has
been instituted to the Vicarage of Colaton Rawleigh, vacant by the death of
the Rev. R. GREENWOOD. The Rev. ROBT. LAMPEN, vicar of Probus, Cornwall has
been appointed by the Bishop, Prebendary in Exeter Cathedral, in the room of
the late Rev. PREBENDARY OXENHAM.
WESLEYAN MISSIONS. St. Just. The anniversary service of the St. Just
Branch Society were of a highly interesting character. On Sunday se'nnight,
the Rev. RATTENBURY, of Manchester, preached in the morning, and the Rev. T.
HEELEY, of Penzance, in the evening. On Tuesday afternoon, the Rev. Dr.
HANNAH preached, and in the evening, the public meeting was held, JOSEPH
CARNE, Esq., of Penzance, in the chair. In addition, the meeting was
addressed in a masterly manner by Mr. GARLAND of Redruth, and the
collections amounted to GBP111, exclusive of GBP16 - the proceeds of a
missionary tea meeting.
LAUNCESTON. The anniversary meetings of the Launceston Branch Society
have been numerously and respectably attended. Preparatory sermons were
preached on Sunday last, by the Rev. W. P. BURGESS, of Devonport, and on the
Tuesday afternoon following, by the Rev. J. BURTON, of Sheffield. In the
evening of the same day, the public meeting was held, when the objects of
the society were ably advocated by the above named ministers, and also by
the Rev. J. KEIGHTLY, late missionary in the West Indies, the Rev. J.
HORSEY, Independent minister, and other ministers and gentleman. The
collections at the several services were liberal, that at the close of the
meeting amounting to upwards of GBP21.
HAYLE. A very handsome Eagle, which was brought to this country, from
South America, about two years ago, was shipped on board the "Brilliant"
steamer, on Friday last, and taken to Bristol. We understand that the bird
has been presented to the Zoological Gardens, by Mrs. CHARLES FOX, of Perran
Wharf.
THE HOOPOE. A fine specimen of this rare bird which is a native of the
north of Africa, was shot on Saturday last, on the lawn of the Rev. J. L.
LUGGER, at Tregony, and has since been stuffed by Mr. PASSMORE, of Truro.
The bird, which presents a fine appearance, was first seen on Friday,
feeding, and on making its appearance again on Saturday, it was shot by Mr.
Lugger's servant.
ALARMING FIRE. On Tuesday morning last, about four o'clock, the
counting-house of Messrs BATTEN and SONS, Penzance, was discovered to be on
fire. Prompt measures were adopted for extinguishing the flames, which, in
about an hour and a half were successful. Some old account books and
documents were damaged and destroyed, but, with one or two exceptions, the
more recent ones were in the safe, and were preserved. The cash left in the
drawers of the desk has been recovered from the ruins, somewhat injured by
the heat. The premises, it is said, were not insured.
DESTRUCTIVE FIRE. On Friday last, a fire broke out at Treyew, in the
parish of Kenwyn, about a mile from Truro, which destroyed four cottages,
worth about GBP100. The property was uninsured, and it is now know how the
fire originated.
TRURO POLICE. On Saturday last, NATHANIEL BUCKINGHAM, of Truro, was
charged with drunken and riotous conduct. Having been before in prison
twice for felony, four times for assaults, and convicted six time of
drunkenness, he was again sent to the house of correction for six months
hard labour.
On Monday, WILLIAM GILL, a pork butcher, and THOMAS TRURAN, a sawyer, were
charged with drunken and disorderly conduct in the street. Gill at one
o'clock on Sunday morning, and Truran on Sunday during service. They were
each fined 5s. and costs.
ELIZABETH HENDER was charged with assaulting ELIZABETH WOOLCOCK, of Truro,
and fined 10s. and costs.
FALMOUTH QUARTER SESSIONS. These sessions, as we stated last week, were
held on Thursday, the 4th instant, before HERMAN MERIVALE, Esq., recorder,
when the following prisoners were tried: JOHN JACKET, indicted for
stealing 18 dozen buttons from Mr. McDOWELL, who was entrusted as auctioneer
to sell the property of Mr. HOLLOCOMBE, late of Falmouth. Not Guilty.
MARY ANN HUNT was found guilty of stealing a ring, the property of GARCEN
ELIAS, a pedlar, and sentenced to one month's imprisonment.
WILLIAM SLOGGATT, who was fund guilty of obtaining 16s. from a boy named
TREMAIN, by representing himself as a servant to a carrier, was sentenced to
two months' imprisonment.
The following appeal cases were brought before the court:- Penzance
appellant, Falmouth respondent. This was an appeal against an order of
removal of GRACE BRYERS from Falmouth to Penzance. Order quashed by
consent, with common costs. Helston appellant, Falmouth respondent. This
appeal, entered against an order of removal of JOHN NICHOLLS and his wife,
from Falmouth to Helston, was continued to the next sessions.
PENZANCE QUARTER SESSIONS. These Sessions were held on Saturday last, at
the Guildhall, before HERMAN MERIVALE, Esq., Recorder, and several
magistrates. The only prisoner for trial was a youth named JOSEPH ROBERTS,
who was charged with having ripped a piece of lead from the dwelling house
of Mr. J. B. PENTREATH; and the offence having been proved, he was found
guilty, and sentenced to be imprisoned a fortnight at hard labor, three days
of which to be in solitary confinement, and to be once whipped.
DREADFUL DEATH. On Thursday, the 4th instant., while Mrs. BREWER, of High
Lane, near Ladock, was engaged in her domestic affairs, she was taken faint,
and, falling into the fire, was so dreadfully burnt, that she expired in
three house after the accident. A corner's inquest was held on the
following day, and a verdict returned of Accidental death.
FATAL ACCIDENT. On Friday last, being Good Friday, a number of young
persons, according to custom, left St. Columb to go to Mawgan cliffs, for
the purpose of gathering muscles. Among them were two young men, JOHN and
HENRY BOND, sons of the sheriff's officer, the latter of whom, a fine young
man, 22 years of age, was washed off a rock, and drowned. The former, in
endeavouring to save him, was also washed off, and narrowly escaped sharing
the same fate as his unfortunate brother, whose body is not yet found.
[Definitely says muscles and not mussels!!!]
CORONER'S INQUESTS. On Saturday last, an inquest was held before Mr.
GILBERT HAMLEY, deputy coroner, at West Looe, on view of the body of THOMAS
FISHLEY. It appeared from the evidence that deceased was seen by a man
called BROAD, in a boat by himself, about a quarter of a mile from land.
Broad watched him some time, but shortly after lost sight of him, through
his getting behind a cliff. He again got sight of him, and saw the boat was
almost full of water; and in a short time the boat was upset and the poor
man drowned. There being several marks on the head, the jury expressed a
wish that a surgeon should be examined; consequently, Mr. BOX examined the
body, and gave it as his opinion that these contusions on the forehead were
produced by his beating against the rocks, and not by any violence used
towards him by any one. Verdict, accidentally drowned.
On Monday, Mr. GILBERT HAMLEY, held an inquest, at Trebarwith, on view of
the body of ROBERT HILL Deceased, with several others, were gathering
limpits, as is the usual custom on Good Friday, from the rocks, when, in
endeavouring to jump from one rock to another, though advised by his friends
not to attempt it, he fell back, and was immediately carried out to sea. It
was impossible any one could give him the slightest assistance, and in a few
minutes he sank. His body was not picked up until the Sunday following.
Verdict, accidentally drowned.
On Tuesday evening, an inquest was held before the same coroner, at the
county gaol, on view of the body of JOHN BROWN, a prisoner, who was under
punishment for the desertion of his family. He was suffering from asthma
when he was brought to the prison, in consequence of which the surgeon
excused his being placed at the wheel. It appeared from the evidence of one
of the other prisoners that he had been very kindly treated while in gaol,
and had been allowed white bread, tea, &c., instead of the county allowance.
He seemed much worse on Thursday last, and the surgeon ordered him to be put
into the infirmary. He continued getting worse until Tuesday morning, when
he died. The surgeon stated to the jury that the cause of his death was
asthma, produced by disease of the lungs. Verdict accordingly.
On Saturday morning last, an inquest was held at Pearce's Temperance Hotel,
Falmouth, on the body of Mrs. TREWAVAS, whose husband is the owner and
captain of the schooner "Magic", of Penzance, now at Dublin, for which city
the deceased had embarked on board the Dublin Company's steamer "Royal
William," on the preceding evening, at Falmouth, to join him and just after
she got on board, she ruptured a blood vessel and fell dead. Verdict, died
by the visitation of God.
SCILLY. Fast Sailing. The "Lionesse" packet arrived at Scilly from
Penzance, on Good Friday, at five p.m., making the passage in seven and a
half hours, with the wind at S. W. when she left Penzance, and at W. N. W.
when she came into Scilly. This was the shortest passage ever remembered,
considering the wind and weather, with a lee tide, and a heavy sea running.
None expected to see her until hours after she arrived, and some doubted if
she had even left Penzance, in consequence of the state of the weather.
LAUNCH. On Wednesday, the 3rd instant, a fine barque, not yet named, of
about 300 tons register, built by Mr. JOHN EDWARDS, was launched from his
building yard, at Port Cressa, amidst the cheers of a greater number of
spectators than usually assembled on such occasions. This being the largest
vessel ever known to have been built in the island, the lovers of a good
launch were highly gratified. This ship, which stands 12 years at Lloyds,
is the property of a gentleman in London, and a Capt. PENTREATH, of
Penzance, who has superintended her building.
NOTICE. In the matter of the Petition of WILLIAM CLOGG, of Treworgey, in
the Parish of Duloe, out of business, previously of Lostitha, in the Parish
of St. Cleer, Farmer, before then of Duloe aforesaid, Farmer, before then of
Pelynt, out of business, and formerly of Talland, Farmer, all in the County
of Cornwall. Notice is Hereby Given, that EDWARD GOULBURN, Esquire,
Serjeant-at-Law, the Commissioner acting in this matter of this Petition,
will proceed to make a final order thereon, at the Exeter District Court of
Bankruptcy, in Paul-street, Exeter, on the 30th day of April instant, at
half-past Twelve o'clock in the Afternoon precisely, unless cause be then
and there shewn to the contrary.
TO THE INHABITANTS OF CORNWALL AND THE PARLIAMENTS. My several notices
and advertisements in the West Briton and Sun papers have been disregarded
it appears by letters which the last West Briton contains letters and
proposals void of reason, justice and law. If the Prince Albert of Wales is
the legal feeholder of Cornwall, grass soil and manors, under his minority,
the Parliaments cannot now model the laws of Cornwall, for Prince Albert is
as much his Trustee as Mr. TREMAYNE is my brother Major SLADE GULLY's, of
Trevennen, and Trewardra. If the said Prince is fee-holder no act can
enable him to exchange his Duchy for other lands and void his Duchy thereby,
nor is it right he should do so, for there would then be no Duke or head of
Cornwall. If the Prince Albert of Wales be not fee-holder of the grass
soil, but only supreme of the service of the fee holder to receive of that
fee-holder 40 marks a year, as Sr. JOHN COLYN alias CORYN de CORNEWALLE paid
in 1444. It is more inconsistent with law and justice that Mr. Tremayne and
Lord Falmouth should countenance an attempt at any alienation of the land
and rights from the Coryn alias Copin and Colyn, who are both Trustees for
these lands now Gully's one in 1678, the other in 1816, as Copin and Slade
Gully. I, as executrix to my late father, WM. SLADE GULLY, Esq., protest
against any change in the Cornish or Duchy laws (deeming that impossible by
any act of Parliament, even at the wish of the heirs) under penalty of
meeting me in chancery as soon as my documents are ready. I also protest
against and forbid the railway through Trewordra and Kenwyn, as ruinous to
the estate, I being in right of 1-6th, by deeds, of the half which Turner
and Ferris keep from Coryn's heir of the old Baron soil; and I claim all
their deeds. I remain, yours aggrieved, ANNE POWNE FLETCHER. (Eldest
child, and only daughter and executrix of the late Wm. Slade Gully, Esq., of
Trevennen and Trewardra, who was great grandson and heir of the last St.
John Corin of Trewardra and Kenwyn who died 1732.) 39 Brewer-street,
London, April 10, 1844.
19 APRIL 1844, Friday
CALLINGTON. the cattle market at this place, on Wednesday se'nnight, was
tolerably well supplied. The prize for the best fat cow was awarded to Mr.
J. NICHOLLS, of Altarnun; 2nd ditto, to Mr. W. DAVEY, of Penhole, in
Northill; 3rd, Mr. SLEEP, of South Petherwin.
WESLEYAN METHODIST ASSOCIATION HOME AND FOREIGN MISSIONS. Several
anniversary services, in behalf of these missions, have just been held in
the Camelford and Wadebridge circuit. On Good Friday, at Camelford, and at
Boscastle and Trevena on Easter Sunday, sermons were preached, and
collections made in aid of the mission funds, by the Rev. R. ECKETT, of
London. On Wednesday, Thursday and Friday evenings, the 10th, 11th, and
12th inst., public meetings were held at Lostwithiel, Wadebridge, and
Bodmin, which were well attended, and ably addressed by Messrs. R. Eckett,
W. R. BROWN, B. GLAZEBROOK, and other friends. T. P. ROSEVEAR, Esq., of
Barn Park, Boscastle, presided at the former, and Lieut. O. DUNSTAN, R.N.,
of Wadebridge, at the latter of these meetings. The services were
excellent, and the contributions liberal, mostly exceeding those of any
former year. At Wadebridge, a public tea was provided gratuitously by the
ladies of the society, and the proceeds devoted to the missionary fund. The
report of these missions shows that, for the present, the attention of the
committee is chiefly directed to the necessities of the home department; and
lamentable instances of the ignorance and irreligion of many thousands of
our countrymen were brought forward by the speakers to prove the necessity
of increased liberality and exertion in behalf of the heathen at home, as
well as of those abroad. The society, however, has its foreign missions,
and such a measure of success has attended them, as greatly to encourage the
Wesleyan Methodist Association in its endeavours to assist in evangelizing
the world. On Sunday last, on his return to the metropolis, two excellent
sermons were preached by the Rev. Robert Eckett, in the Wesleyan Methodist
Association Chapel, Liskeard, to a large and deeply attentive audience.
ST. AUSTELL NEW MARKET-HOUSE. This handsome building, which was opened on
Friday last, according to announcement, affords ample accommodation for both
buyers and sellers, and is precisely such an erection as that town has
wanted for many years past. St. Austell people can now boast of having the
most convenient market place in the county.
MINE ON FIRE. On Friday last, a portion of one of the levels, of
considerable size, in St. Ives Consols mine, called the "Cabona," or house
of tin, by some means, caught fire; and from the large quantity of timber
which supported the roof and sides, continued to burn on Monday. It is
supposed that a candle must have accidentally fallen on the wood work, and
ignited it.
ANCIENT INDEPENDENT ORDER OF FREE GARDENERS. A lodge of this ancient and
honourable order was constituted on Tuesday se'nnight, at the Crown Tavern,
Tuckingmill, by Mr. DUPEN, the R.W.G. Master of the Cornubian Lodge, at
Hayle, assisted by Mr. COOK, R.W.G. Master of the Olive Lodge, Bristol. The
room was decorated with evergreens, flowers, &c., characteristic of the
order, in a style which reflected much credit on mine host. Several members
were initiated into the order after which an excellent and suitable address
was delivered to the officers and brethren by the R.W.G. Master of the
Cornubian Lodge, which excited the deepest interest. This is the second
Lodge of Free Gardeners constituted in this county within one year.
INDEPENDENT ORDER OF OFF FELLOWS. Since we stated, in our paper of the
6th inst., that Mr. PAGET CHAWNER was the first medical officer that had
been elected by this community in Cornwall, we have been informed that, on
the 19th ult., Mr. E. GURNEY was appointed medical officer of the Royal
Pendarves Lodge; and that prior to that appointment, Mr. NICHOLAS, of
Gwennap, had been chosen medical officer of the Royal Basset Lodge.
CONSPIRACY TO FORGE WILLS, &c. It appears that Mrs. DOREY, who figures
in the trials at the Central criminal court, and her sister, Miss RICHARDS,
deceased, are natives of Falmouth, where they were formerly well known. The
mother, who was a widow, kept a small earthenware and glass shop nearly
opposite the Public Rooms. A clerk from the Custom House (Mr. GEACH)?
attends the trial, for the purpose of verifying extracts from the Baptismal
Registrar of Falmouth Church.
ATTEMPTED SUICIDE. On Wednesday afternoon last, a young man, who it is
believed is a person of the name of JOHN WELLINGTON ROWE, of St. Hilary,
attempted to commit suicide by jumping off the quay into the Truro river.
Fortunately there were persons in the neighbourhood who saw the attempt, and
he was almost immediately rescued. He was then taken to the station-house,
and it was ascertained that he was of deranged intellect. From the
station-house he was removed to St. Mary's Workhouse, where he occupied
himself the remainder of the day and night in destroying the bedstead and
every thing on which he could lay his hands. On Thursday, he was removed to
the town prison, where he now remains till something can be learnt of his
friends.
ACCIDENT. On Wednesday last, as JOHN RIDGE, a groom of JOHN VIVIAN Esq.,
of Pencalenick, was exercising a mare, she took fright, and ran away towards
Tre.....[?]. She fell in turning a corner, and the rider had his leg
broken. He was taken to the Cornwall Infirmary, and is likely to do very
well.
MELANCHOLY OCCURRENCE. On Thursday, the 11th inst. a poor woman called
WEBB, residing at Roseworthy, between Hayle and Camborne, left her home for
the purpose of procuring some medicine from Copperhouse, for her husband,
who was ill. The poor creature, however, did not return as was expected,
and the next morning she was discovered by her friends on the road side
quite dead. She has left five young children, with an afflicted father, to
lament their sudden and melancholy bereavement.
ANOTHER CHILD BURNT. On Thursday, the 11th instant, a fine little boy,
about four years of age, son of a person called ROW, a carpenter, of
Poundstock, was burnt to death. It appears the child caught his clothes on
fire in the absence of his mother, who went to feed the pig; on her return
she found the child so severely burnt, that one of his ears fell off, and he
died a few hours after.
CORONER'S INQUESTS. The following inquests have been held before J.
CARLYON, Esq., coroner, since our last report. On Thursday last, at Wheal
Rose, in St. Agnes parish, on the body of MARIA MATILDA RICHARDS, aged 10
years, who was found drowned the preceding day in a well near her parent's
house, where she had gone to draw water. Verdict, found drowned.
The same day, in the parish of Ladock, on the body of JAMES COWL, aged 9
weeks. The deceased's parents had gone to work last Tuesday morning,
leaving the deceased perfectly well in the care of a little girl, aged 12
years, who fed it about 11 o'clock, and then put it to bed. About three
o'clock the same day she went up stairs to fetch the child and give it some
more meat, when she found it dead. Verdict, visitation of God.
On Saturday last, at Gwennap, on the body of ANN OLIVER, aged 76 years. The
deceased was out of St. Stephens parish, and had lately gone to lodge at
Gwennap, with a family of the name of COAD. On Friday night, one of the
family, on going up to bed, about 11 o'clock, heard her breathing hard, but
took no particular notice of it. In a few minutes afterwards, however, one
of his sisters, who was sleeping with her, gave an alarm, and he immediately
went into their room, and found her dead. From the evidence it appeared
that the deceased had died of apoplexy, and a verdict to that effect was
returned.
On Tuesday last, at Lanner, Gwennap, on the body of NANNY INGRAM, aged 9
years, who caught her clothes on fire, and was literally burnt to death.
The mother of deceased had left the house for about two minutes to call her
husband, who was working near at hand, home to dinner; and when she
returned she found the deceased lying on the floor with all her clothes a
blaze. She extinguished the fire, with the assistance of some neighbours,
as soon as possible; but the deceased was so dreadfully burnt that she died
almost immediately. Verdict, accidental death.
SCILLY. The "Speedy" cutter, Lieut.-Commander BEAUFREY, which sailed from
Penzance for Scilly with the mail on Friday last, at 9.30 a.m., in company
with the "Lionesse," late mail-packet, did not arrive here until the
following Sunday morning. It appears she met with an accident on Friday,
put back to Penzance, and sailed again early on Saturday morning. The
"Lionesse" came in about 10.30 p.m., making the passage in twelve hours,
notwithstanding two hindrances, - the first, carrying away her main
haulyards, off the Longships, whereby the main-sail came down; and where
there are but few hands, and in a heavy seas, considerable time is lost in
again making sail. The second occurred in entering Crow South, about 9
p.m., when the night being dark, and the tide low, she ran on the Bar, and
remained there for more than half an hour. We hope this delay in the
conveyance of the mail will not be of frequent occurrence, as many parties
last week were put to great inconvenience by receiving goods by the
"Lionesse," and advices, invoices, &c., by the cutter. It is also rumoured
that the mail is to be conveyed twice a week; if so, we think the "Lionesse"
must be again employed in the service, or some other fast-sailing vessel.
For the present we make no comments on the great expenditure of public money
by the present post-office arrangements.
CORNWALL EASTER SESSIONS. APPEALS. GORAN, appellants; FALMOUTH,
respondents. Mr. SHILSON and Mr. HOCKIN for appellants; Mr. JOHN and Mr.
GENN for respondents. This was an appeal against an order for the removal
of a pauper named PEARCE FRANCIS, from the parish of Falmouth to that of
Goran. Mr. Shilson took a preliminary objection on the face of the
examination, that the birth of the pauper was only attempted to be proved by
hearsay evidence, by a sister that was only two years older than the pauper.
He admitted that a certificate of baptism might be used as evidence of
birth, provided that there was other proof. If the evidence of the sister
was hearsay, then the register of baptism would not do. Mr. John replied to
this objection, and the Court overruled it. MARY GOUGH, the sister of the
pauper, was then examined, and she stated that she was two years older than
her brother, who was in his 77th years, and that he was born in Goran. In
her cross-examination, the witness said she did not remember her brothers or
sisters being married, but that she recollected the pauper riding with his
grandfather, who was one of "the twelve men" of the parish of Goran, but she
could not undertake to say that he was not six or seven years old when she
remembered him. Mr. JAMES POLGLAZE, one of the overseers of Falmouth,
produced the register of baptism of the pauper from the Goran registry; but
on his cross-examination he admitted that he did not make any enquiry, when
at Goran for an elder sister of the pauper that was living in that parish.
The Court, at the close of the case, without hearing Mr. Shilson, Quashed
The Order, with Common Costs.
KEA, appellant; CLERK OF THE PEACE, respondent. Mr. HOCKIN and Mr. GENN,
for appellants; Mr. SHILSON and Mr. DARKE for respondent. The Clerk of the
Peace was nominally respondent; the appeal being against an order by
magistrates on the appellant parish for maintenance at the County Lunatic
Asylum, of RACHEL STEVENS, a pauper lunatic, sent thither by two
magistrates' order, from the parish of Tywardreath. Mr. Hockin took, in the
first place, several objections to the order of maintenance which was made
under the 42nd section of 9 Geo. 4, cap. 40; with the requisites of which
Mr. Hockin contended the order was not in compliance. The Bench, however,
overruled the objection, on which evidence was called by the respondent,
proving to the satisfaction of the court, the birth of lunatic's husband in
the appellant parish. Mr. Hockin then proposed to prove that the husband
had gained a settlement in Tywardreath by the purchase of two tenements for
GBP30, and residence on them for 40 days. This proof, however, was not
sustained, and the Order Was Confirmed.
CUBERT, appellant; ST. ERME, respondent; Mr. SHILSON and Mr. STOKES for
appellant; Mr. HOCKIN and Mr. GENN for respondent. Appeal against order
for removal of JOHN HOSKIN the younger, wife and four children. The order
was bad in respect of one child, in consequence of its being misnamed Jane,
instead of James. The pauper was an illegitimate child, born about 35 years
ago in Cubert. When about two years old, he was taken by his father to
Illogan where he remained in his father's house till he was 15 years old;
when he went first in service with Mr. BLUETT, miller, of Camborne, and
afterwards with Mr. ADAMS, farmer, of St. Erme; where he stated that he
lived about 2 1/4 years altogether. His first agreement was for GBP7
a-year. He remained out that year, sleeping and having his meals at Mr.
Adams's house. For the second year, he made a bargain for GBP8 a-year; but
left a few days before the end of the year. Mr. Hockin contended that
clearly there could be no settlement gained under the second year's service,
and as respected the first year, he called Mr. Nicholas Adams, who swore
that the first bargain which he made with the pauper was for only 11 months,
and that for that period only did the pauper remain in his service under
that agreement. This witness also stated that the pauper, in the second
year, left a fortnight before the expiration of the year, for which about
6s. was kept back from his wages. The witness was cross-examined at some
length by Mr. Shilson, who afterwards, in reply to respondent's case,
submitted that the pauper's testimony was more deserving of credit than that
of the master; and then urged that a hiring for less than a year might be
connected with a hiring for a year, as he contended was the case in the
present instance, it having been admitted by Adams, in cross-examination,
that when the pauper left at the end of the first term, he had not taken way
his clothes, and was absent only one night. Order Quashed, with Common
Costs.
The Court was occupied for the remainder of the day with a case of bastardy;
St. Columb Major Union against WILLIAM VEALE.
Friday, April 12. MAWGAN IN MENEAGE appellant; CROWAN respondent. Mr.
STOKES and Mr. T. ROGERS, for appellant; Mr. HOCKIN and Mr. SHILSON for
respondent. This was an appeal against an order for removal of JAMES
SYMONS. The settlement in the appellant parish was alleged to have been
gained by service under two hirings; the first by JAMES SPARGO, of Content,
the pauper's uncle, which service commenced when pauper was 9 years old, and
lasted for six years; the next by a Mr. READ of Park Rank. On the part of
the appellant, it was attempted to show that the pauper was taken by his
uncle, Spargo, out of charity, on the death of his father, and that he was
no servant, but was treated as one of his uncle's family. The evidence on
this first alleged hiring was of a very conflicting character; but the Bench
considered the hiring proved. As to the second hiring, the question was one
of time. The pauper came to Mr. Read's at Michaelmas, and five weeks
afterwards made an agreement which was to commence at a fortnight after
Michaelmas. The Bench held this to be a retrospective hiring. Order
Confirmed.
ST KEVERNE, appellant; RUAN MINOR, respondent. Mr. STOKES and Mr. T. ROGERS
for appellant; Mr. SHILSON for respondent. An appeal against an order for
the removal of WILLIAM JOHNS and four children. After several preliminary
objections had been disposed of, respondent proceeded to give evidence of
pauper's derivative settlement in the appellant parish, by his father's
service under indenture of apprenticeship with a person named BADHAM. On
cross-examination it appeared that only one of the witnesses had ever seen
the pauper's father at his master's house, and this only twice during the
term of apprenticeship. It was afterwards proved that the apprentice did not
reside with his father, but went to see him on Sundays. The Bench held that
the evidence as to residence was sufficient. Mr. Stokes then submitted that
the proceedings before the magistrates, in making the order of removal were
so irregular that the whole must be deemed a nullity, and insisted on the
fact that the examination of one material witness, Mrs. BADHAM, wife of the
master, was not taken on oath before the removing magistrates. The
examination was then produced; at its foot appeared an erasure, which it was
contended was of the word "sworn". One of the magistrates who made the
order, P. V. ROBINSON, Esq., was then called. He proved that the
examination was not sworn, Mrs. Badham having refused to be sworn, though
she declared that her statement was true. The objection now urged was, as
stated in the grounds of appeal, that the whole proceedings were invalid, in
consequence of this irregularity. Cases were cited to show that an
examination was one entire document; and the Court granted a case for the
Court of Queen's Bench on this point: whether the whole proceeding must be
set aside in consequence of one of the depositions in the examination not
having been taken on oath. Subject to this case, the Order Was Confirmed.
26 APRIL 1844, Friday
THOMAS SPRY'S ASSIGNMENT. Notice is hereby given, that by an indenture,
bearing date the 12th day of April, 1844, THOMAS SPRY, of the Borough of
Launceston, in the County of Cornwall, Nurseryman, hath assigned all his
real and person Estate (necessary wearing apparel and terms of years at rack
rent excepted,) to RICHARD DINGLEY, of Launceston aforesaid, Banker, and
JAMES LANE, of South Petherwin in the said County of Cornwall, Yeoman, as
trustees upon trusts therein mentioned, for the benefit of all the Creditors
of the said Thomas Spry, who shall execute the said Indenture, or consent to
receive a Dividend thereunder, and that the said Indenture was duly executed
by the said Thomas Spry, on the 12th day of April, 1844, by the said Richard
Dingley, on the 15th day of April, 1844, and by the said James Lane, on the
18th day of April, 1844, and the execution of which Indenture by the said
Thomas Spry was witnessed by SAMUEL ROWLES PATTISON, of Launceston aforesaid
Gentleman; SAMUEL PEARCE NICHOLSON, Clerk to Messrs. LAWRENCE, and PATTISON,
of Launceston aforesaid, Solicitors; and HENRY SHORT, Clerk to Messrs.
GURNEY and LETHBRIDGE COWLARD, of Launceston aforesaid, Solicitors; and the
execution thereof by the said Richard Dingley and James Lane was witnessed
by the said Samuel Rowles Pattison and which said Indenture now lies at the
Office of the said Messrs. Lawrence and Pattison, Solicitors, Launceston,
for execution by Creditors, who have not yet executed the same. All Persons
who stand indebted to the said Thomas Spry, or have any of his effects, are
requested forthwith to pay and deliver up the same to the said Trustees, or
to their Solicitors, the said Lawrence & Pattison, of Launceston aforesaid.
GORAN HAVEN. On Tuesday se'nnight, being the annual parish feast, the
children of the Bethany Sunday School perambulated the streets of this place
in procession; and it was really an interesting sight to see so many "little
ones" with their smiling, cheerful, happy faces, tripping along with their
teachers by their side. After passing through the place, they went to
chapel, where a short and feeling address was delivered to them. They were
then supplied with tea and cake through the kind liberality of many friends,
after which between forty and fifty friends and teachers sat down and
enjoyed an excellent repast. All appeared happy, and an interest was felt,
and we trust an impulse given to those who have put their hand to this "work
and labour of love" to go forward. These are occasions when bonds of
affection may be strengthened when encouragement may be given to youth, and
good impressions made which may be remembered through life, and may prove
the truth of "train up a child in the way he should go, when he is old he
will not depart from it."
PUBLIC LECTURES. On the evenings of Tuesday and Wednesday last, two
lectures were delivered in the Town-Hall, Truro, by Mr. W. HEWETT, on
"National Glory," and "the Physical and Mental Restoration of Man." In the
former lecture, the principles of peace were advocated, as conducive to the
well-being of society; and war was shown to be opposed to every principle
of humanity, justice and truth. The wars in Affghanistan and China were
condemned as unjust, and leaving England no honour, because the principles
which instigated both could not be defended on moral grounds. In the
latter, water was considered as the drink of man; and a vast number of
facts, collected from sacred and profane history, were brought forward to
prove its invigorating power, when used to the exclusion of luxurious
drinks. The attendance on both occasions was numerous, and at the
conclusion of the lectures, the audiences testified their approbation by a
unanimous vote of thanks. At the close of the second lecture, some friends
of peace expressed a wish that a branch of the London Peace Society should
be established in Truro, in imitation of other towns, with a view to
directing the public mind by the truly Christian mode of adjusting nation
disputes by arbitration instead of appealing to arms.
BODMIN INSTITUTION. We understand that J. DUNN GARDNER, Esq., one of the
representatives of the Borough of Bodmin, has recently made a most valuable
present of books to the new institution established in that town.
Altogether, the Hon. Gentleman has contributed 139 volumes, the whole of
which are of a character well suited for a public library. Among the works
are a beautiful copy of Spence's Polymetis, in folio, richly illustrated;
Archaeologia, in 21 vols. Quarto; Horticultural Transactions, 7 vols.
Quarto; Nicholson's Cyclopaedia, 6 vols. Octavo; Dodsley's Old Plays, 12
vols.; the first series of the Monthly Review, in 72 vols.; Watson's
Theological Tracts, in 6 vols., &c., &c.
SACRED MUSIC. On Thursday evening se'nnight, Mr. LUTMAN, organist, of
Bodmin, had a concert of sacred music, in the lecture-room of the Bodmin
Institution, similar to that which we described as having taken place at
Wadebridge a few weeks since. On this occasion he was assisted by several
more amateurs in the performance of the same pieces that were played at
Wadebridge, and everything went off most successfully. The audience was
numerous, and it is to be hoped that Mr. Lutman will be as successful in the
creation of a musical taste in his own town as he has been at Wadebridge.
THE PACKET STATION QUESTION. A meeting of the Falmouth harbour committee
was recently held in the Town-hall, at which Sir CHARLES LEMON, Bart., M.P.,
was present, when, we understand, it was determined that it is not at
present advisable to bring the question of the packet station before
Parliament.
THE MACKAREL FISHERY. A few catches of mackerel have been taken this week
by the Falmouth drift boats, but the fish were exceedingly small, and
realized about 10s. per 120.
GREAT ST. GEORGE AND WHEAL LEISURE MINES, PERRANZABULOE. These productive
mines, which were stopped working about four years ago, in consequence of a
dispute relative to the dues, between the adventurers and the Duchy lessee,
are forthwith to be set to work, by a respectable and spirited company of
adventurers, who consist chiefly of London gentlemen. Several hands are
already taken on, and abundant employment will, no doubt, be furnished to
the neighbouring inhabitants. It is fully expected that the speculation
will prove a profitable one.
CORNWALL RAILWAY. Capt. MOORSOM, aided by Messrs. N. HARVEY, of Hayle,
Mr. WEST, of St. Blazey, and Mr. SIMS, of Redruth, has been investigating
the practical working of the atmospheric railway, now in full operation near
Dublin, with a view to its adoption by the Cornwall Railway Company; and we
are informed that the result of their enquiries is most satisfactory.
THE CHURCH. On Saturday last, the Rev. ROBERT LAMPEN, of Probus, was
installed to the office of Prebendary, at Exeter Cathedral. At a general
ordination held by the Bishop of Gloucester and Bristol, on Sunday last, in
the Cathedral Church of Gloucester, a number of gentlemen were admitted into
holy orders, among whom was the Rev. SAMUEL HAREWARD ARCHER, B.A., Exeter
College, Oxon., by letters dimissory from the Bishop of Exeter.
WESLEYAN MISSIONS. Falmouth. The annual proceedings of the Falmouth
Branch Society commenced on Sunday se'nnight, when a most effective sermon
was preached by the Rev. J. SCOTT, president of the Conference and in the
evening the congregation were addressed by their late valued and highly
esteemed pastor, the Rev. J. MOWAT. On Thursday was held the annual public
meeting, Mr. R. HOSKEN, of Penryn, in the chair, who, in an appropriate
address, opened the business. The report was then read by Mr. R. OSLER, the
secretary, in which it was stated that the whole sum raised in the Falmouth
circuit, ending December 31, 1843, for general purposes, was GBP244. 3s.
5d., being an increase on the amount derived from the same places in the
preceding year, of GBP24. 3s. 11d., thus showing a much larger amount than
had ever been previously raised in the circuit. The first resolution was
moved by Messrs. BOND of Falmouth, and G. SMITH, of Camborne. They were
followed by the Rev. J. SCOTT, president of the Conference, and one of the
General Treasurers, who gave a most full and satisfactory account of the
general proceedings of the managing committee. The Rev. H. SQUANCE, late
missionary at Ceylon, made a most able and effective address. The sum
collected at the several meetings was about GBP60.
TRURO POLICE. On Friday last, WILLIAM HOCKING, of Truro, mason, was fined
5s. and costs for being drunk.
On Monday, JAMES JOHNS, shoemaker, was fined 5s. and costs for being drunk
and disorderly, at half-past one o'clock on Sunday morning.
Mr. WILLIAM CRADOCK, of Truro, was charged with having sold a quantity of
pork which was unfit for human food. It appeared from the evidence of
several witnesses, that on the previous Thursday evening, a servant of the
defendant, named JOHN GEORGE, had to convey a pig from the house of
defendant to his farm at Scawswater. The pig was in a cart, and while
George was near Mr. Floyd's house, at the West Bridge, in Truro, he
exclaimed that the pig was dead, and afterwards got JOSIAH MANUEL, a
butcher, to stick it. The pit bled a little but the blood was black. It
was then taken back to the Parade, and the next morning, Mr. Cradock sold a
quarter of it to RICHARD GOLLY, at 4 1/2 d. per lb. The quarter weighted 15
lbs., and it was sold as good pork, but when Golly heard how the animal
came by its death, he returned the quarter to Mrs. Cradock, from whom he had
received it. Two butchers gave evidence that the meat was unfit for human
food, and the Bench fined Mr. Cradock one shilling in consideration of the
costs being GBP1. 11s. Mr. STOKES appeared for Mr. Cradock, and urged that
the defendant would never have sold the meat had he not understood from his
servant that the pig was kill, and that he bled freely.
On Wednesday, JOHN HARRIS, brewer, of Truro, was charged with stealing malt,
the property of JOHN FERRIS, of the Spread Eagle Inn, and was committed to
take his trial at the next sessions. He was afterwards held to bail.
WILLIAM BEHENNA, eating house keeper, and Ann, his wife, were charged with
keeping a house of ill-fame, and were committed for trial at the next
sessions. They were afterwards liberated on bail.
RICHARD BARTLETT, jun., of Truro, was charged with being drunk and
disorderly, and assaulting policeman FITZSIMMONS, in the execution of his
duty. He was fined GBP5., and, in default of payment, was committed to the
House of Correction for one month's hard labour.
FALMOUTH POLICE. On Wednesday se'nnight, a man, named SINCLAIR, was
charged with having assaulted a woman, named ROBERTS, by kicking and beating
her. He was fined 13s., and in default of payment, he was sentenced to ten
days' imprisonment, at the expiration of which term he is to undergo a
further imprisonment of seven days for a former assault on the same party.
HENRY SHARP, mate of the brig "Staples," bound to St. Petersburg, summoned
the master of the said brig, for non-payment of wages, the mate contending
that the voyage for which he had engaged, was ended. The magistrates
decided that such was the case, and the captain paid the wages.
LAUNCESTON PETTY SESSIONS. At a petty sessions, held at Launceston, on
the 17th instant, JOHN LANDER[?], a notorious character, was committed to
Bodmin gaol to take his trial at the next sessions, for stealing a watch, on
the 13th instant, the property of one JOHN KEAST, under the following
circumstances. MARY MAY, the aunt of the prisoner, was on her death bed,
and had sent for her daughter, MARY CRADICOTT, to remain with her during her
last moments. In order to know how the time went during the night, the
daughter borrowed the watch of the prosecutor, a deaf and dumb man, who
lodged with her. On arriving at her mother's, she took the watch from her
bosom, and put it on the table in an adjoining room to her mother's. During
the night, her mother being conscious that her death was approaching,
expressed a wish to see the prisoner, who was accordingly sent for, and
appeared deeply affected at the interview with his aunt. On returning from
this death-bed scene, he had to pass through the room where the watch had
been placed; and, under these extraordinary circumstances, he took it away
with him, and immediately left the town. Information of the theft having
been given to BROOMING, the active police officer, a warrant was procured,
and the prisoner was apprehended in the neighbourhood of Stratton.
AGGRAVATED THEFT. Last week, a young woman, called MARY ANN WOODWARD, who
lived with a tinker, in Calenick-street, Truro, was taken up by the
Camelford police officer, for having stolen several articles of wearing
apparel and bedding from her aunt, ELIZABETH NUTE, the parish of Lanteglos,
with whom she had been on a visit the week previous. The Rev. SAMUEL HART,
committed her for trial at the sessions to Bodmin gaol, where she was well
known.
ACCIDENT. On Thursday se'nnight, the grandson of Mr. POMEROY, of the
preventive service, stationed at Penberth Cove, a lad about eleven years of
age, was kicked by a horse, and had his skull fractured. He was trephined,
since which he is recovering rapidly.
SERIOUS ACCIDENT. On Saturday last, the Rev. N. KENDALL, of Lanlivery, on
his return from Bodmin, where he had been attending the board of guardians,
was thrown out of his gig, about a quarter of a mile from his house, and
received a violent concussion of the brain. For several days, Mr. Kendall
lay in a very precarious state, but we are now happy to learn that he is
considerably better. It is supposed his horse shied at a dog which jumped
over the hedge.
CORONER'S INQUEST. CHARGE OF WILFUL MURDER. On Wednesday last, an
inquest was held at Penhale, in the parish of Davidstow, before JOSEPH
HAMLEY, and GILBERT HAMLEY, Esqrs., on the body of a servant of Mrs. PETER,
called CHARLOTTE DYMOND, aged 18 years, who on Sunday last, the 14th
instant, about four o'clock in the afternoon, took a walk with MATTHEW
WEEKS, a fellow servant, towards the adjoining moors, and was not seen alive
afterwards. It appears that about half-past nine o'clock that night, Weeks
returned alone, when Mrs. Peter enquired for Charlotte, he said he only went
to Higher Down gate with her, and did not know where she went; but on being
questioned the following week, he stated she was gone into a place of
service in the parish of Blisland. On Sunday last, another servant man was
sent to make enquiry at Blisland, but could get no intelligence; and before
his return, Weeks left Mrs. Peter's house. Early on Tuesday morning, all
the neighbourhood were on the move to make a general search on the moors;
and after some time patten marks were discovered and followed about two
miles, from Lamb Lary Rock to Roughtor Ford. A short distance from the Ford
lay the body of the young woman, in an old river course, which was nearly
dry, with the exception of the pools. The throat was cut from ear to ear,
extending eight inches and a half, but there were no other marks of
violence. The bonnet, shawl, shoes and pattens, were wanting, and have not
since been found; and there is no doubt that the body must have lain there
from the Sunday week previous. Weeks was considered to be courting the
young woman, and at times appeared to be jealous of her speaking to others.
The jury, without hesitation, returned a verdict of wilful murder against
Mathew Weeks, and the coroner issued his warrant for his apprehension. The
Camelford police officer went to Devonport on Tuesday, in pursuit of him, as
he was seen going in that direction. The young man is about 22 years of
age, 5 feet 4 inches high, light hair, lame in the right leg, and has lost
most of his front teeth.
ST IVES CONSOLS MINE. This mine continues on fire; and on Friday last, a
man of the name of JOHN ALLEN, who had approached too near the burning
level, was so much affected by the smoke, that in attempting to retreat, he
fell from the ladder, and died on the following day.
SHIPPING AFFAIRS. On Friday last, the Scilly pilot boat "Atalanta,"
HICKS, master, arrived at Penzance with a mail-bag, which she received in
the offing from the "Constant," Capt. HEMERY, from Sydney, which place she
left on the 23rd of October last.
FORTUNATE PRESERVATION. On Friday night last, the premises of Mr. T. B.
ROBERTS, of Helston, narrowly escaped being burnt down. When the servant
got up on the Saturday morning she discovered, on entering the parlour
adjoining the shop, two large holes burnt in the top of a mahogany table,
two table cloths nearly consumed, and the partition which divides the shop
from the parlour burnt in several places. The fire, which must have gone
out spontaneously, was supposed to have originated from a spark having
dropped from the candle on the family leaving the room to retire to bed the
previous night.
UNION-HALL. TUESDAY APRIL 16. MARY ANN STEPHENS, the wife of RICHARD
STEPHENS, of St. Just, in Cornwall, was brought up for final examination,
charged with intermarrying with JULIUS PRICE, a German, her former husband
being still alive. The evidence taken on the preceding day having been read
over. An application was made on behalf of the prisoner to allow her to be
admitted to bail, to answer the charge. The application, however, was
resisted by Mr. RUSSELL, on the part of the prosecution, who said that the
prisoner had several children by her former husband, and that since she had
come into the possession of the property left by a deceased relative,
instead of contributing any portion of it towards their maintenance she had
been expending it with her second husband. That he being a foreigner, it
was probable that if she was admitted to bail he would take the prisoner
with him to the Continent, and still receive her annuity from this country
by power of attorney. Price, the second husband, was then questioned by Mr.
TRAILL, and in reply stated that he was at Poplar church on the preceding
day, saw the register of his marriage to the prisoner in October, 1839; and
that the signature thereto was in his hand-writing. He then disclaimed
having any such intention as that imputed to him, of taking the prisoner to
the Continent; and added, that he was in a position to obtain bail to any
amount for the release of the accused until the next sessions. The prisoner
expressed a strong wish to make a statement, by which she would be enabled
to show that she was an injured woman, and that the production of the deed
of separation between her and her first husband would bear out the truth of
that which she asserted. Mr. Traill, however, told her that it would be
quite useless for her to make any statement on the subject before him, as he
was bound to send the case before a jury.
GALLANT CONDUCT OF A CONVICT. On the afternoon of Monday se'nnight, when
a division of shipwrights were working on board the "Argo" hulk, in Hamoaze,
one of the apprentices, named JOHN CODD, accidentally fell over-board, and
had drifted some distance before the circumstance was observed by the
convicts employed in scraping the ship. One of them, named HENRY JONES,
immediately leaped overboard and swam to his rescue, and fortunately reached
the struggling youth just in time to catch him by the hair of his head
whilst he was in the act of sinking, and succeeded in saving him from
drowning. This convict, only a few weeks since, was instrumental in saving
the life of one of his fellow-prisoners, who fell into the water from the
ship alongside the Dockyard, by the same intrepid conduct. These
praiseworthy acts have caused a strong feeling in behalf of the convict
Jones, and it is said that he will be recommended to the favourable
consideration of the Secretary of State for the Home Department for a
mitigation of his punishment.
[The final article is actually from the small Devon section of the
newspaper, but thought it was of interest and ended April 1844 on a happy
note. ih]