[Part of a speech given by the Bishop of Exeter regarding poor-house
governance; his object was to compel the appointment of a chaplain to every
union-house, at a salary of GBP 100 a year, to be paid out of the rates, and
to exclude dissenting ministers altogether from taking any part in
administering religious instruction to the inmates of those asylums for
poverty and age. as ascribed by the West Briton. jm]
[Re the Penzance Union. jm] Mr. MOORE was the constituted chaplain returned
by the poor-law commissioners, the performance of the duty of which
situation was gratuitous, and he begged to state, on the authority of the
minister of the parish, that the church prayers were much abridged by him,
and that he had frequently baptized children without any registry in the
parish books. The rule was, that the children should not be baptized by
such an individual, except in case of extreme danger, which rule he
infringed, and the fact was that some of these children were baptized
contrary to the statute. So much for Penzance. He would then direct the
attention of their Lordships to another union, that of Redruth. The
commissioners in London were cognizant of the fact that the union of Redruth
consisted of eight parishes, which contained 50,000 inhabitants. It
appeared that that union was very rich. He would tell their lordships that
they had a chaplain; but how was he appointed? Why, it seemed that there,
too, dissenters were encouraged by the success of their doctrines, and he
was appointed in obedience to the passing of a resolution, which gave the
clergyman the performance of the duties of the ecclesiastical commissioners,
which was coupled with a resolution which authorized Methodist preachers to
perform their duties in the chapel of that union. It was with great
difficulty the appointment of that chaplain could be obtained, and, when it
was obtained, the commissioners were entreated to give him the nominal
salary, and it was proposed that it should be a salary of GBP 1, as under
such circumstances they would satisfy the letter of the law; and, at the
same time, it was thought to be necessary that these meetings of the
Methodists in the chapel of the union should go hand-in-hand with the
service of the church. Such was the report of the assistant commissioner,
and in that state it now lay before the knowledge of the board of
commissioners in London. [Some time afterwards, the salary was increased to
GBP 30, and the ex officio guardians made a further subscription to bring it
to GBP 60; they could not recruit a clergyman.] Now, it was known that the
office of chaplain was fulfilled by a stranger, and that he was permitted
most irregularly, and in the teeth of the law, to perform divine service in
the chapel of that house, where there were no fewer than three hundred and
six inmates. [ The newspaper concludes the Bishops speech is, indeed,
throughout, of so violent a character against all classes of Christians who
are not of the established church, that his Lordship, in the warmth of his
Puseyite zeal, seems to have forgotten that there is such a thing as a
Toleration Act that dissent is as legal as conformity and that we are
living in the nineteenth century under the mild sway of Victoria.]
CURIOUS RELIQUE - Mr. WALTER CHAPPELL, of Polruan, has in his possession
the bulla, or leaden seal of a papal bull. This interesting relique was, a
little time since, discovered in digging. It bears on the obverse the heads
of St. Peter and St. Paul, rudely represented; between them a crosier, and
on the top an inscription partly obliterated. On the reverse URAENUS P.P.
VI, and at the foot two small figures, apparently eagles, with outspread
wings, and three small eagles heads. The pontificate of Urban 6th extended
from 1373 to 1389. It was the custom to attach these leaden bulla to the
instruments which from them derived the name of Bull. Seals of Justice were
attached by a hempen cord, and those of Grace by a silken string. This seal
has the perforation for such a means of attachment, but whether the bearded
ancestors of the good people of Polruan were the objects of the displeasure
or favor of his holiness, there are, unfortunately, no remains of such an
affixing to indicate.
TALKS - St. Austell - a lecture delivered by Mr. G. G. WHITE, on the
Crusades, including fanaticism, and the peculiar manner in which it
[condiffed?] to the holy wars.. and characters of Saladin, Peter the Hermit,
and other prominent actors. Bodmin - Mr. Latimer, of Truro, delivered a
lecture on the art of Printing. Tywardreath - Mr. Wm. HEWETT of Fowey,
gave an excellent lecture on Physical and Mental Restoration of Man.
SINGULAR DISCOVERY OF COPPER ORE - It is a well-known fact that copper
mining in Cornwall is of comparatively recent origin, and that the mines in
this county were, at no very remote period, worked only for tin, the copper
ore being considered as useless, and, consequently thrown aside. A singular
confirmation of this has just occurred in widening the road in the
neighbourhood of Chacewater. Capt. DAVIS, the contractor, in removing the
old hedge, perceived among the stones of which they were composed a
considerable number that contained copper, and has actually selected from
them several tons of copper ore. These stones had, no doubt, been raised by
miners in search of tin, at a period when their value was not known, and
used as materials for constructing the hedges in which they were found.
Captain Davies, in contracting for the job, had been so fortunate as to
secure the stones of the old hedges, and is, consequently, a considerable
gainer by the discovery.
THE LATE BURGLARY AT FALMOUTH. It will be in the recollection of our
readers, that a burglary was perpetrated on the 12th of January last, at the
house of Mr. WILLIAM McDOWELL, Auctioneer, Brook-street, Falmouth, in the
absence of the family at chapel, and that in the course of a few days
suspicion fell on a poor man, named JACKET, who has a large family, and was
in the habit of attending Mr. McDowell at sales. Jackets house was
searched, but none of the missing plate was found. A chisel was, however,
found, which corresponded with some marks on the premises broken open; and,
on a second search, a large nail was discovered which was also thought
likely to have been used on the occasion. The prosecutor, however, would
not press for a committal, and the case was abandoned. No further evidence
was detained against Jacket; but, on Wednesday, the 21st inst, a young man
called PHILIP TREGLOHAN, jun., a carpenter, went into the shop of MR. JOSEPH
JOSEPH, Redruth, and offered some silver for sale. Mr. Joseph immediately
showed it to his wife, and also to his sister a resident of Falmouth, who
was then present in a room inside his shop, and recognized the person
offering the silver as a Falmouth man, though she did not know his name.
Mr. Joseph then told Treglohan he could neither buy the silver, nor give it
up, as it had the appearance of being stolen. The following day the
brother-in-law of Mr. Joseph named the circumstance to Mr. McDowell, who
already suspecting Treglohan, went to Redruth, and having seen the pieces of
plate offered for sale, on his return had Treglohan arrested. On Friday
afternoon, Treglohan was brought before G. C. FOX, Esq., one of the
magistrates of the county, at the office of Pender, Genn and Genn, charged
with the burglary in question. Mr. McDowell [was sworn, and testified to
the circumstances of the burglary, including furniture that had been
broken.] BENNETT and JULYAN, constables, were also sworn, and some broken
silver was shown which the prisoner had sold at various places, to some of
which Mr. McDowall swore formed part of the articles stolen from his house.
The prisoner was then remanded, for the purpose of obtaining evidence from
Redruth and other places. [He was later again brought before G. C. Fox,
when the former depositions were read, and Mr McDowall testified the
defendant lived 30 yards from his house. The constables testified when the
prisoner was arrested, he asked to be let go for the night. His wife and
others made a great clamour, and demanded he be taken to Mr. McDowalls.
Prisoner admitted he sold silver to Mr. Joseph, and some to MR. SCHWERER.
He was kept in the constables house for safe custody that night. The
constable asked for the key to the prisoners workshop, which he was given.
Prisoner said he had the silver from a man that he repaired a chest for, but
did not know if it was silver or zinc. Once he learned it was silver, he
cut it up to get rid of it. Mr. Joseph testified the prisoner tried to sell
him some silver weighing 1 oz. 12 pennyweights, but Mr. Joseph refused to
buy it, and would not return it. Prisoner said he could get a good
character from Dr. BROUGHAM, Mayor of Falmouth, and Mr. TRELEAVEN, and that
he had a brother at Redruth, called THOMAS TREGLOHAN, whom Mr. Joseph knew.
The prisoner brought his brother, and Mr. Joseph returned the silver. The
brother said since it was on the counter, Mr. Joseph might as well buy it.]
He gave prisoner 3s. in cash, and two ornaments at 1s. each for his
children. JACOB SCHWERER was sworn am a jeweler at Redruth; have known
the prisoner some three years or more; he came into my shop on Monday last,
the 19th, with a little boy with him, about ten or eleven oclock; had his
watch wound up, and put right; there was nothing said about any silver then.
[Prisoner came back to the shop on Wednesday, and asked if Mr. Schwerer
would buy silver; assured he would, prisoner gave up 2 parcels of silver,
weighing 4 oz. 17 pennyweights. Prisoner told witness part of the silver
belonged to his sister, the other parcel was his own. Witness admitted the
silver had not been in his possession but was taken from the house by
Julyan and the journeyman BERINGER, who was not present.] JOHN AUGUSTUS, an
optician at Falmouth, was sworn, and testified he had known prisoner twenty
years; he bought silver from the prisoner on the 6th instant for GBP 1.6s.
] Prisoner said the silver belonged to his sister-in-law, whose husband had
gone to Indians, and was much distressed for want of cash; that it was some
plate given her by a lady at Plymouth when there; it was 6 oz. Witness
threw it into a drawer in a piece of blue paper. Mr. G. C. Fox asked of Mr.
Augustus if he did not consider it suspicious. [Witness said he did not,
but as soon as he found the prisoner was in custody, he told Julyan about
the purchase. The silver was not out of his possession until he gave it to
Julyan.]
[MRS. ANN McDOWELL, wife of prosecutor, testified to the details of the
robbery, and identified parts of her silver teapot, and a makers initials
and the old silver stamp were found on the bottom of the sugar-basin which
corresponded to the one she had owned.]
The prisoner, on being asked if he had anything to say, said nothing at
this time. He was then committed for trial at the coming assizes, and the
prosecutor and witnesses were bound over to prosecute. The prisoner was
then removed, after an ineffectual attempt to have him liberated on bail;
and the magistrate complimented Mr. Joseph for the caution he observed in
buying suspicious goods.
TRURO POLICE - On Monday last, THOMAS SIMMONS, a keeper of a stall in the
Truro market, was charged with leaving his van in the street overnight, and
was fined 20s with costs. On Tuesday, PHILIP BUCKINGHAM, of Truro,
thatcher, was apprehended by a warrant, and brought before the magistrates,
charged with assaulting ELIZABETH BEARD, of Probus, with intent to commit a
rape. It appears that the prosecutor, who is in the service of MR.
SANDFORD, of Bosvigo Cottage, near Turro, was sent to Truro market on
Saturday evening, and on her return, about half-past nine oclock, she was
followed by the prisoner , when the offence was committed with which he was
charged. The prisoner was committed to take his trial at the next assizes.
CAUTION. On Tuesday last, a man named JAMES MERRIFIELD, was committed to
Bodmin from St. Austell Union, by J. H. TREMAYNE and C.B.G. SAWLE, Esqrs.,
for three months hard labour, for deserting his wife and family, and
leaving them for more than two years chargeable to the parish. The man was
taken at Plymouth, by MR. B. NOTT, one of the relieving officers of the
union.
ROYAL COLLEGE OF SURGEONS. On Friday last, MR. JOHN M. GOODINGE, son of
the late Capt. Goodinge, of the county of Middlesex, and formerly an
apprentice of MR. HARRIS, surgeon, of Redruth, was admitted a member of the
Royal College of Surgeons, in London.
ACCIDENT AT SEA. As the Caroline, of Charlestown, was on her voyage
from Marsala to England, in a heavy gale, on the 6th of February, MR.
AUGUSTUS THOMAS was washed overboard, and drowned. The deceased was a
native of Redruth, aged 24 years.
MORE CHILDREN BURNT. A child, called ELIZABETH BREWER, aged 10 years, of
weak intellect, who lived with her grandmother, TEMPERANCE MILL, of St.
Columb, caught her clothes on fire, and was so dreadfully burnt that she
died soon afterwards. Although her grandmother had only gone up stairs
about two minutes, there was no possibility of ascertaining how the accident
occurred. On Monday last, another child, called FRAYZER, 4 years old, only
a few doors from the former, caught her clothes on fire, and was so much
burnt that she lies with very little hope of recovery. At St. Austell, on
Firday last,m a fine girl, about 3 years of age, called MAYNARD, caught her
pinafore on fire, and soon became enveloped in flames. It was some time
before the fire could be extinguished, and the child was so severely burnt
as to place her life in great danger. We very much wonder why poor people
who have families do not furnish themselves with a fire guard, which would
prevent most of the accidents from fire that occur to children.
CORONERS INQUESTS. On Monday last, an inquest was held by MR. GILBERT
HAMLEY, deputy coroner, in the parish of st. Keyne, on view of the body of
RICHARD HONEY. It appeared from the evidencve that the father of the poor
little fellow saw him crossing a rivulet to get over to where he was
working; he stooped down to pick up some corn, and then lost sight of him.
He immediately went in search of his child with a neighbor, and some time
after found him drowned in he river, about a quarter of a mile below where
he saw him trying to cross. It was supposed that the child, who was only 4
years old, was picking some sticks in the river, as several were found in
his apron, and losing his balance, fell into the water. Verdict
accidentally drowned. On the same day, the same coroner held an inquest in
the parish of Stokeclimsland, on view of the body of MARY HOARE, an old
woman, who had lived for more than forty years by herself in the Alms House
in that parish. Her neighbours not finding her door open as usual on
Saturday, knocked several times, and getting no answer, broke open the door,
and found her dead. Verdict, visitation of God. On the same day, an
inquest was held before Joseph HAMLEY, Esq., at Millbrook, on view of the
body of WILLIAM COUTH, who was found dead in his bed. It appeared that he
went to bed as well as usual, and a little boy who slept with him, on waking
in the morning, spoke to him and did not answer; he made an alarm, and his
mother instantly came and found the man was dead. He had been subject to
asthma, and the medical gentleman gave it as his opinion that he died from
suffocation. Verdict accordingly.
The following inquests have been held before Wl. HICHENS, Esq., since our
last report: On the 26th ult., in the parish of Sithney, on the body of
ALICE ANN HARRY, aged five years, who caught her clothes on fire on the 23rd
ult., and died on the following day. Verdict accidental death.
On the
27th ult., in the parish of St. Erth, on view of the body of GRACE BOND,
aged six years, whose death was also occasioned by her clothes taking fire
on the 16th ult., The deceased died on the 25th ult. Verdict, accidental
death.
SCILLY. DREADFUL SHIPWRECK AND LOSS OF SEVENTEEN LIVES ON THE WESTERN
ROCKS. Early in the morning of Thursday, the 22nd ult., several broken
pieces of timber, and bundles of rattan, being found on the shore, it was
supposed that some unfortunate vessel had been wrecked, which supposition
subsequently proved to be correct. The following particulars are from the
lips of the two survivors, the sailmaker and a seaman, who state that the
vessel was the Dutch barque Nichiril, CAPTAIN J. HARVEY, from Batavia,
laden with coffee and sugar, for Rotterdam; and that they left Batavia in
October last, and St. Helena about the 1st of January. On the 21st instant,
about one a.m., when they supposed the ship had entered, and was running up
the English Channel, they suddenly and unexpectedly made the St. Agnes
light, and in about five minutes afterwards the ship struck, but went on
without having received much damage; in about ten minutes after, she struck
a second time, and almost instantly went to pieces, when eight of the crew,
including the doctor and chief officer, were drowned. The remaining eleven,
among whom was the captain, clung to the wreck until day-light, when they
were in a most exhausted state from wet, cold, and want of food. The wreck
lay very near the little island of Rosevear, but, unhappily, so situated as
to be hid from St. Agnes, and the hopes of the poor men of being seen were
therefore very slender. They, therefore, set about making a large raft,
which, before it was finished, became so entangled with the wreck, that they
could not possibly clear it. About this time, the boatswain, in
endeavouring to reach the shore, was drowned, and the carpenter died on the
wreck. At eleve n a.m., the sailmaker, with great danger and difficulty,
succeeded in reaching the shore, on a small raft of two spars and two
planks; and in an hour or two after, the seaman, with the assistance of the
sailmaker, also got safely on the islet of Rosevear, where they narrowly
escaped perishing from cold and hunger during the Wednesday night. On the
following morning (Thursday) nothing but loose fragments of the wreck were
to be seen, the raft with their unfortunate shipmates having been swept away
during the night. The two survivors were shortly also taken off the Islet,
amidst great danger from the tremendous sea that was running, and conveyed
first to St. Agnes, where they received every accommodation, and
subsequently to St. Marys, where the Consul and other benevolent persons
furnished them with what they needed. The bodies of three of the [crew]
have since been found, and buried at St Marys. This is another loud call
to the Trinity Board, to lose no time in erecting the long-talked-of light
house on the Isle of Rosevear; for had this light existed, we should not
have had to record this melancholy event.
"Sir - Having seen a paragraph in your paper of yesterday, Friday, 23rd
instant, of "a man of the name of LEGG being committed for an assault on a
child of 12 years old, and that he was one usually employed on the
breakwater at Bude." I was sorry your informant should have given such an
incorrect statement, as the man in question never worked a single hour on or
at that work, and as that class of men are solely under my direction, whose
moral conduct I have always been watchful over, and which has up to this
time not been flagrant (and hope it will not be such) I must, therefore,
beg, in justice to them and myself, that you will be kind enough in
correcting the statement.
I am, sir,
Your obedient servant, Geo. Casebourne
Resident engineeer to the bude Harbour and Canal Companies
Bude, February 24, 1844
8 MARCH 1844, Friday
TUCKINGMILL WESLEYAN CHAPEL. The new Wesleyan chapel, at Tuckingmill, was opened for divine service on Thursday, the 1st instant, by the Rev. Dr. BEAUMONT, of Liverpool, who preached three sermons on the occasion. The services were resumed on the following Sunday, when the Rev. CHARLES PREST, of London preached morning and evening, and the Rev. JOHN HOBSON, in the afternoon. All the discourses were excellent and appropriate, and the congregations large and respectable, especially on Thursday and Sunday evening, when some hundreds were unable to obtain an entrance. The collections were most liberal, the noble sum of £91 having been contributed on Thursday, £56 on Sunday, and £9 at the closing service of Monday night, when the Rev. CHARLES PREST preached, making a total of £156.
WESLEYAN MISSIONS. On Tuesday last, a meeting in aid of these missions was held at Probus, at which Mr. RICHARD MARTYN presided. The meeting was addressed by the Revds. Messrs. KEIGHTLY and SMEDLEY, late missionaries in the West Indies, and other ministers; and at the close a collection was made, which amounted to nearly £7. 10s.
FUNERAL OF THE REV. JOHN MOLESWORTH ST. AUBYN. The mournful ceremony of this lamented gentleman's interment, took place at Crowan, on Thursday, the 1st instant. Notwithstanding the very unfavourable state of the weather, great crowds of persons from the neighbouring parishes attended, evidently desirous of showing a mark of respect to one who, during his residence at Clowance, had, by his unostentatious benevolence, and general mild and condescending deportment, greatly endeared himself to persons of all classes of society. The mournful procession left Clowance about eleven o'clock, and it was a stern lesson on the instability of all earthly greatness, to see the remains of the late proprietor of that noble estate brought out through the Hall-door of the new mansion of which he had just commenced the building. Considering the scantiness of that part of the late mansion which was spared by the fire of last year, the accommodation provided for the tenantry and gentlemen attending the funeral reflected great credit on the person on whom this department devolved. The funeral was conducted by Mr. DUNGEY, of Redruth, the family upholsterer, and we are bound to say that the whole of the arrangements were in the best possible taste. Everything was on a scale corresponding to the rank and fortune to the deceased, while everything like ostentation was judiciously avoided. The coffin was made of oak, and covered with black cloth, divided into pannels by triple rows of gilt nails, and having handles and ornaments of a very chaste and suitable character. The plate contained the following plain inscription:- "John Molesworth St. Aubyn (clerk). Born April 11th, 1791. Died, January 23, 1844."
The procession left Clowance for the church in the following order:- One hundred boys of the free school, headed by the master, each with a silk band round the left arm, walking two and two. One hundred girls of the school, headed by the matron, each with black trimming to her bonnet. The Crowan tenantry, with silk hat-bands and gloves, two and two. The family tradesmen, with silk hat-bands and gloves. The churchwardens of Crowan, with bands, scarfs, and gloves. Clergymen in their gowns, with satin bands, scarfs, &c., among whom we observed: Revs. GEO. TREWEEKE, Illogan. URIAH TONKIN, Lelant. WM. HOCKIN, Phillack. J. PUNNETT, St. Erth. GEO. CORNISH, Kenwyn. G. B. BORASTON, Wendron. WM. THOMAS, Sithney. JOHN PERRY, Breage. H. MANN, Mawgan. J. STEPHENSON, Cury. T. J. TREVENEN, St. Ewe. C. A. JOHNS, Porthleaven Chapel. WM. NAPLETON. WM. ROGERS, Mawnan. MORRIS YESCOMBE, Truro. THOS. PASCOE, St. Hilary. R. KINSMAN, Flushing. GEO. BULL, Pendarves Chapel.
Coach, Rev. W. BORLASE, P. VINCENT, Esq., Dr. WISE, GLYNN GRYLLS, Esq. Coach, Mr. SYMONS (House Steward), Mr. BUSSELL, (Clerk of the works.) Domestic servants, male and female, walking two and two, attired in deep mourning. The Undertaker. The Hearse. 20 tenants bearers with hat-bands and gloves. First Mourning Coach – Rev. HENDER and Mrs MOLESWORTH. H. J. MOLESWORTH, Esq., Rev. W. GILBEE, Master ST AUBYN MOLESWORTH. Second Mourning Coach – Rev. J. G. WULFF, Rev. WM. MOLESWORTH. PEARSE ST. AUBYN, Esq., EDWARD ST. AUBYN, Esq., WM. GILBEE, Esq. Third Mourning Coach – Rev. Canon ROGERS, Rev. W. W. WINGFIELD, Rev. HUGH ROGERS, WM. ROGERS, Esq.
A procession of the neighbouring gentry, with satin hat-bands and scarfs, among whom we observed: E. W. W. PENDARVES, Esq., J. S. ENYS, Esq., C. W. POPHAM, Esq., J. P. MAGOR, Esq., STEPHEN DAVEY, Esq., RD. DAVEY, Esq., WM. DAVEY. Esq., JOHN VIGURS, Esq., G. D. JOHN, Esq., FRAS. PENDER, Esq., REGINALD ROGERS, Esq., FRAS. ROGERS, Esq. ST. AUBYN ROGERS, Esq., GEO TREWEKE, Esq., CHAS. TREWEEKE, Esq., TOBIAS MICHELL, Esq., T. P. TYACKE, Esq., Capt. WULFF. The procession closed with a line of carriages, that of Lady BASSET leading, followed by those of E. W. W. PENDARVES, J.P. Magor, STEPHEN DAVEY, and C. W. POPHAM, Esqrs., and Revds. U. TONKIN, Lelant, E. ROGERS, Constantine, W. THOMAS, Breage, &c., &c. We understand the whole of Mr. St. Aubyn's large landed property is left to his brother, the Rev. HENDER MOLESWORTH, who, we believe, immediately takes the name of St. Aubyn, and we sincerely rejoice that it has fallen into hands every way so worthy.
HIGH SHERIFF OF CORNWALL. The London Gazette of Friday last announces that on that day, HENRY LEWIS STEPHENS, of Tregenna Castle, in the parish of St. Ives, Esquire, was appointed Sheriff of this county for the present year. On Tuesday last, Mr. Stephens took the oath of office, and has appointed RICHARD MILLETT, Esq., his Under-Sheriff, and WALTER BORLASE, Esq., both of Penzance, his County Clerk.
SHIPWRECKED FISHERMEN AND MARINERS' BENEVOLENT SOCIETY. On Friday last, a meeting of the Mount's Bay branch of this society was held in the Guild-Hall, Penzance. JOHN BATTEN, Esq., mayor, presided, and having opened the business of the meeting, Mr. PEARCE stated that after the severe loss of property and life sustained by the Mount's Bay fishermen in 1839, large subscriptions were obtained in that neighbourhood, and in different parts of the county, and that the parent society, before that branch was fully organized, had sent £80 for the benefit of the widows and orphans of the poor men lost in the gale. The subscriptions raised by that branch had only amounted to £26. 13s.; but before the meeting concluded, the society was organized afresh, and it is hoped that it will be more efficient in future.
DISASTER AT SEA. On Saturday last, the "Union Packet," WILLIAMS, master, from Bristol for Portsmouth, put into Penzance in a damaged state, having been in contact with a Dutch vessel.
BUDE. Some long deck planks, painted white under and with composition or copper nails, supposed from a steamer or packet, apparently very fresh, have been lately washed on shore here.
NEWQUAY. A bottle containing the following note has been washed on shore near this place: "Barque "Fanny," for New Orleans, four days from Liverpool. Wind fair, all well. January 27th, 1844. JAMES ROBINSON."
FALMOUTH. The barque "Margaret Hardy," Capt. MARTIN, sailed from this port on Monday last, with twelve miners for the Copiapo mines.
EXTRAORDINARY SHEEP. On Friday last, Mr. JOHN PEARCE, butcher, of St. Ives, slaughtered a ewe, bred and fed by Mr. Nicholas PERMEWAN, at Trevethow, in the parish of Lelant, which weighed 120 lbs., and produced the extraordinary quantity of 24 lbs. of loose fat.
HORSES. Last week, several fine horses were landed, in excellent condition, from the "Brilliant" steamer, at Hayle, notwithstanding the heavy weather she encountered on her passage. The superior breed of the horses reflects credit on the importer, Mr. HITCHENS, who, we believe, resides in the neighbourhood of Penryn.
DESTRUCTIVE FIRE. On Saturday last, about nine o'clock in the evening, a fire broke out on the premises occupied by Mr. WILLIAM NICHOLAS, at Rosevedney, in the parish of Ludgvan, which completely destroyed several out-houses, with a number of farm implements, and scorched a sheep to death. The fire was supposed to have originated from the furnace-house, by some sparks escaping through the crevice of the wall, and igniting the straw in an adjoining stable.
BOROUGH OF SALTASH. On Tuesday se'nnight, Mr. JOHNSON, master of the brig "John and Mary," was convicted before WM. HUTCHISSON, Esq., mayor, in the penalty of £6 and costs, for employing an unlicensed person as pilot, on board the said brig.
WASHAWAY PETTY SESSIONS. At these sessions, on Tuesday last, WILLIAM TAYLOR, of Tintagel, was fined £4 for riding on a waggon without reins, and refusing to give his name when met by the Rev. CHARLES HODGSON, of St. Tudy.
MINE ACCIDENT. On Monday, the 5th instant, as a little boy, named HICKS, was at work in one of the levels in Botallack mine, a large stone accidentally fell on his head, and injured him so much that his life is thought to be in danger. When this account was sent, he had not spoken since the accident.
FATAL ACCIDENT. On Monday last, a Labourer in the employ of JAMES BULL, Esq., of Preslowick, near Falmouth, called BOX, met with his death, by the falling in of a marl pit. He had been working there all the day, and a lad left him towards evening with a cart load, being the last turn for the night. But not appearing to attend some cattle which he was accustomed to look after every evening, an inquiry was instituted, and he was eventually found buried under the marl, quite dead. The deceased was a very quiet, inoffensive man, and esteemed by his employer.
CORONER'S INQUESTS. The following inquests have been held before Mr. GILBERT HAMLEY, Deputy Coroner:- On the 27th ult. in the parish of Lanivet, on the body of a woman called MARY TINNY, who was found dead in here bed the previous morning. On the Deputy Coroner and jury proceeding to view the body, its emaciated appearance created a feeling of horror in the minds of all present. The corpse was literally all skin and bone, and it could not be wondered at that life should no longer be sustained. The poor creature had scarcely any covering, and just within her reach were two cold potatoes and a broken cup of dirty water. It appeared from the evidence, that deceased had lived with her brother for the last twenty years, during all which time neither of them had tasted any animal food, except at harvest; but they had lived on barley, potatoes, and warm water, mixed together; they had never even tasted a drop of tea, neither had they spoken to any of the parish. They refused to work for any one in the parish, but they worked in the adjoining parish of Lanhydrock. There was found under the body after the woman's death, a bag of sovereigns; and in different parts of the room was concealed a quantity of silver, chiefly in half crowns. The jury returned a verdict that deceased died from natural causes, but produced by want of the common necessaries of life.
On Saturday last, in the parish of Calstock, on view of the body of JAMES BEDINNER, who was killed in Wh. Bedford mine. It appeared that another miner was filling a kibble. When hearing a noise as if something was falling, he made his escape in one of the levels, and on returning again to the spot, found the poor man quite dead, having fallen several fathoms. Verdict, accidental death.
On the same day, in the same parish, on view of the body of MARY OPIE. It appeared that deceased, after her dinner, went to get some turf to place on the fire, and that she had not been gone more than two minutes, when her daughter looked out of the window and saw her mother lying on the ground quite dead. Verdict, Visitation of God.
At Bodmin, on view of the body of JAMES BOND, a very respectable man, who died suddenly on Monday morning. He had eaten his breakfast as usual, and then went up stairs to cut out a jug of beer. Soon after, a woman lodger heard something fall heavily, and on opening the door found deceased lying on the floor; she gave an alarm, and some of the apprentices ran to assist their master, but he died almost immediately. Verdict, Visitation of God.
On Saturday, an inquest was held before JOSEPH HAMLEY, Esq., coroner, at St. Columb, on view of the body of RICHARD OSBORNE, a lad 15 years old, who for many years had been subject to epileptic fits. He was found in a pool near his home by a little girl. He was taken out of the pool immediately, and a medical man sent for, but he never rallied. The opinion of the surgeon was, that he might have received some injury in the neck or head in falling. Verdict accordingly.
VICE-WARDEN'S COURT. BEAM MINE. MOYLE v. KNIGHT and MOYLE v. PINCH[?]. Mr. BENNALLACK, for plaintiff, stated that his Honour's decree for selling defendants' shares for payment of their costs, had been complied with, but unfortunately, no bidder had offered. Mr. Bennallack now moved to be allowed, under the existing order, to repeat the attempt to sell. Mr. STOKES, for defendants, consented; and the Vice-Warden granted the application.
TRE..THNAN[?] CONSOLS. COADE and OTHERS v. WILLIAMS. This was a creditor's petition against the purser of the mine. Mr. STOKES moved to be permitted to examine defendant at the hearing of the petition. Granted.
HARVEY v. ROWE and OTHERS. Mr. HOCKIN moved for a rule to show cause why the petition should not be removed from the file. Mr. Hockin stated from affidavits that an action was brought in December, 1842, by the defendant against plaintiff for the sum of £300; to which plaintiff pleaded a set off to the amount of £200 and upwards. Subsequently, in February, 1843, Mr. Harvey filed his petition in this Court for the same sums he had claimed in his set off to the previous action. At the end of February, an arrangement was come to to refer all matters in the action; and on that occasion Mr. Harvey signed a memorandum on the back of a copy of the petition, to the effect, that this petition be withdrawn, and the matter therein referred. A reference was held under the matter therein referred. A reference was held under the order, in May, 1843, and in June an award was made, by which Mr. Harvey was ordered to pay £308. 6s. 10d. to the Messrs. Rowe. The items before the referees were the same as in the petition before this Court, and the referees went into evidence on Mr. Harvey's claims; and decided accordingly. In consequence of non-performance of the award, an action was brought in September on the award, which action now stands for trial. Rule nisi granted.
On Monday, the hearing of Small Debt Cases commenced. There were 157 entered; and the Court has been occupied with them to the present time. The Cause List contains one Nisi Prius case; and 9 cases in Equity. On Wednesday, in the cases of PERRY v. KITE, and PERRY v. JOHNS, Mr. Stokes, for defendants, moved to dismiss petitions on defendants' paying costs. Mr. ROGERS consented. Motion granted.
BAIL COURT, JANUARY 25; (Before Mr. Justice WILLIAMS.) - THE MAYOR AND CORPORATION OF SALTASH v. JACKMAN and ten others. Mr. ERLE, Q.C. and Mr. BUTT showed cause against the rule which had been obtained by Mr. BARSTOW to consolidate these actions. The Corporation of Saltash had brought eleven distinct actions against various shipowners, for the purpose of recovering certain port and other dues, to which they asserted they were entitled; and it was argued, in opposition to this rule, 1st – That the Court has no power to make such a rule as that sought for, without the consent of the plaintiff; for that the cases of consolidating actions of ejectment, and those on policies of assurance, are not in point, the former being merely the creature of the Court, and policies of assurance necessarily involving the same in question. 2nd – That the same questions would not necessarily arise in all these eleven actions, and that different evidence would be required in each (Macgregor v. Horsfall.3, M. & W.) Mr. Barstow, for the defendants, contended that the Court had full power to make the rule – (-----v. Leithbridge, 4 Scott, N.R. 724, 7 Ad. & Ell.) and that all the defendants were willing to abide by the decision, whatever it might be, in any one action. Mr. Justice Williams thought that he had no power to make the rule without the consent of the plaintiffs; and that this case differed from the ordinary actions of ejectment, and on policies of assurance. Rule discharged. The result is that the plaintiffs will be enabled to proceed with all the actions, the defendants having been defeated in their object of confining the Corporation of Saltash to one action. The eleven actions will, in all probability, be tried at the ensuing Assizes of Exeter.
NOTICE. Is Hereby Given, to all Persons whom it may concern, that I will not be answerable for any Debts my wife, JOHANNA INCH, of Michell-hill, Truro, may contract after the date hereof. The mark + of WILLIAM INCH, of Little Trevellan, in the parish of Kenwyn. Witness – JOHN PASCOE. Dated, February 7th, 1844.
NOTICE. This is to certify, that I, WILLIAM BARNETT, now residing at Cobre, in the Island of Cuba, will not be answerable for any Debts which my wife, ELIZA BARNETT, of Gunnislake, in the parish of Calstock, Cornwall, may contract after this Notice. As witness my hand this Twelfth day of December, One Thousand Eight Hundred and Forty Three. Signed, William Barnett. Witness THOMAS READ.
ENLISTMENT OF PAUPER CHILDREN FOR THE ARMY. The public may not, perhaps, be generally aware that a practice has grown up of late years, of supplying the army with little boys for drummers, selected from the healthiest inmates of the union workhouses round about the great military garrison of Chatham. Facts of a painful nature, relating to this subject, having been brought under the notice of the writer, it appeared to be a duty to prosecute certain inquiries into the circumstances and extent of the practice; from which it appears that the following eight unions have all furnished boys for the army – viz., Chelmsford, Cranbrook, Dartford, East Ashford, Hollingbourne, Medway, Maidstone, and North Aylesford, comprising in all 143 parishes. To these may be added the large metropolitan parish of St. Marylebone, and the establishment for pauper children at Brixton. Other unions have also had applications from Chatham barracks for boys. Particulars, more or less minute, of upwards of 60 boys have been collected. It appears, also, that in twenty cases they have been thus disposed of before they have attained "the prescribed age of fourteen," one of them indeed, having been sworn when under 11 ¼ years old! And it is melancholy to reflect on the large amount of false swearing which is involved in this feature of the case – that the oath thus taken is considered to bind them to the military service for life, thus depriving them of the opportunity of choosing a profession on attaining the age of twenty-one; a protection which the legislature carefully secures to the apprentices of any ordinary calling, recognising therein two very important considerations – first the incompetency of a child to decide on what shall be his employment through life; and secondly, his natural right to choose a trade for himself, on arriving at manhood. On attaining the age of about eighteen, they are trained to the dehumanising art of administering the military cat, a punishment from which the public mind revolts; and many of them are quickly sent to distant parts of the world. The parochial funds have, in some instances, been employed in effecting these arrangements.
The above is an outline of the practice. The following are the heads of two individual cases, showing how the system affects the fate of the children, and the feelings of near relations. They are taken as being the first two cases which come under notice, and which led to subsequent inquiry.
Case 1st. JAMES POTTER, an orphan inmate of the North Aylesford Union, was enlisted in the summer of 1842, in the third buffs, as having attained "the prescribed age of fourteen years," required by the regulations at the Horse Guards, but appearing by the register of baptism, as under that age. The relations state that they were not consulted in the matter – that they knew nothing of the proceeding until it was completed – that they are much dissatisfied therewith, and were, in fact, concerting measures for placing him out in some situation on attaining a proper age. In a memorial to the commander-in-chief, embodying the above allegations, they ask for the discharge of the youth, stating it also to be his wish to be released. The reply authorises his discharge on the payment of twenty pounds, and on no other condition. Application was made to the guardians of the union, who reply, that they can render no assistance in the case, and the boy, consequently remains in the military service.
Case 2nd. JOHN MITCHELL, an orphan inmate of the Dartford Union, was removed to the pauper school at Brixton, and in the spring of 1843 was enlisted in the 25th regiment, being then, as appears by the register of baptism, under 12 ½ years old. After being in Chatham a few months he was seen by the writer crying bitterly on Rochester bridge, and then made known to him his case. In less than a week from that time he was observed by the same person marching with five other little boys, with a draft, on their way to Cannanore, in the East Indies. His stepfather, who knew nothing of the enlistment until completed, applied to the commander-in-chief for his restoration to his family, alleging his tender age, &c. The reply contains a copy of the schoolmaster's certificate, declaring him to have attained "the prescribed age of 14," and states that the request cannot be complied with, except on certain conditions, one of which is the payment of FORTY POUNDS! On application to the Guardians of Dartford Union, no explanation could be given as to the certificate of age, but, on the contrary, a reference to one of their books proves that the lad had not attained the age declared. No redress, however could be obtained, and the child must remain in India, an exile from his family.
Here, then, we see two powerful public bodies, the military authorities, and the executive of the poor-law taking advantage of the helplessness and ignorance of an orphan child, who has as yet scarcely looked abroad into the world – who is impatient of the restraints of a poor-law union, and dazzled with the tinsel prospect of a soldier's life, and thus becomes the willing victim of the bargain which binds him for the term of his natural life, - and we ask, is it the intention of the legislature or of the public that our unions and workhouses should be made wholesale recruiting establishments for the army, and their operations be carried on at the expense of the rate-payers?
ADVERTISEMENTS
NOTICE. Pursuant to a rule of the Court for Relief of Insolvent Debtors
in the matter of JOHN THOMAS, an Insolvent Debtor, heretofore of
Charlestown, in the parish of St. Austell, in the County of Cornwall, Smith
and Iron-founder, the matters of whose Petition were heretofore appointed to
be heard on a day gazetted for the same, and now past. Whereas application,
supported by affidavit, has been made by the Devon and Cornwall Banking
Company for the Provisional Assignee of the said Court to make or join a
conveyance or assignment of an interest now vested in him (no other persons
having become Assignee), in certain Lands and Tenements, namely a Piece of
Land and Foundry, situate at Charlestown aforesaid, which interest is
represented to be of no value to Creditors; any Creditor or other Person
concerned in objecting to such application, must shew cause, in person or by
counsel, against the same, in the said Court in Portugal-street, Lincolns
Inn Fields, on Wednesday, the Thirteenth day of March, at Twelve oclock at
Noon, when the Court will proceed thereupon pursuant to the statute.
MESSRS. SOLE, Aldermanbury, Attorneys for the said Applicant.
NOTICE EMIGRATION TO QUEBEB. The fine copper-bottomed barque CALCUTTA
of 800 tons burthen, is expected at Falmouth to take Passengers to QUEBEC,
on the first week in April next. Terms very moderate. For particulars,
apply, if by letter prepaid, to C. FIELD and SON, Brokers &c., Penryn. N.B.
This Ship was last week advertised for New York in error. Dated February
27, 1844
LOCAL INTELLIGENCE
THE CHURCH. The REV. FRANCIS COLE has been instituted to the vicarage of
St. Issey, in this county. Patrons, the Dean and Canons of Exeter. The
Bishop of Exeter has collated the REV. THOMAS PHILLPOTTS, M.A., one of his
Lordships Domestic Chaplains, to the vicarage of St. Feoke, void by the
cession of the REV. F. COLE.
THE WONDERS OF CONJURATION. MR. JACOBS, the King of All Wizards, has been
performing for the first three nights this week to crowded houses in Truro,
and his efforts in conjuration, necromancy, and all those ancient mysteries
which were wont to disturb the wisdom of our ancestors, have not only
thoroughly astonished his audiences, but have satisfied them that he is the
first of the professors of the magic art. The tricks that Mr. Jacobs
performs are beyond the comprehension of most men, and are certainly very
cleverly done; while his ventriloquial powers are so extraordinary, as to
exhibit distinctly the voices of ten or twelve different persons in
succession. Added to these entertainments, we may notice especially Mr.
Jacobss improvisatorial powers, in which the real talent of the singer is
more prominently shown than in his other performances, which many persons
may think capable of being acquired. But in his off-handed poetizing on all
the serious and absurd, the ridiculous and the sober topics that were given
to him, there was an ability and a readiness which are as unusual in every
day life as they were felicitous. The subjects were the most incongruous
such as valentines day, guano, monkey, teetotalism, roast beef, what are
you going to stand, and other phrases all of which were so happily treated
as to excite astonishment and gratification in all the hearers.
RECOVERY OF LOST TREASURE. On Friday last, a large and intelligent body
of shareholders was convened at the house of Mr. VIVIAN, a captain of West
Caradon mine, at Liskeard, to take into consideration the means to be
applied for the raising of the immense treasure, consisting of Spanish
specie, that has for so many years remained in Dollar cove, Gunwalloe. Two
attempts have at different periods been made to secure the treasure, but
from the instability of the plans adopted, the adventurers failed to recover
more than comparatively a trifling portion of the coin, amounting to about
500 pieces, dollars and doubloons an indication that the entire cargo of
the Spanish wreck still remains buried in the sand within the cove. Two
plans were on Friday suggested to the meeting, one by the Messrs. MEDLAND,
of Liskeard; another by MR. HENWOOD, of Tideford, both of which deserved
great praise. That of Messrs. M. was carried nem. con., and for its
ingenuity and stability elicited the approbation and confidence of every
shareholder.
TRIBUTE OF RESPECT. The friends of the late REV. WILLIAM HILL, Wesleyan
Minister, of Camborne, have shewn the high esteem in which that lamented
gentleman was held, by erecting in their chapel a handsome marble
Sarcophagus to his memory, and also a memorial at his grave. The work, we
understand, was executed by Mr. BENJAMIN PEARCE, statuary, Truro.
FIRE AT BODMIN. On Thursday night, the 29th ult., about a quarter before
eleven, just as MR. VERCOE, draper, was about to retire to rest, a strong
smell of fire was perceived; and on his making a search, the show-room,
which adjoins his shop, was discovered to be on fire. An immediate alarm
was given, and within ten minutes the fire engine was on the spot, when a
plentiful supply of water having been procured, the fire was got under
without extending further than the room in which it was first discovered.
The damage done is estimated at between GBP 300 and GBP 400, which is
covered by an insurance in the West of England Fire Office. It was a very
fortunate circumstance that the fire was discovered so soon, for had the
family been in bed, it would, most likely, have extended to the shop, and,
in that case, nothing could have saved the premises from being totally
destroyed. It is supposed the fire must have been occasioned by a spark
from a piece of paper, which was used in lighting the gas, falling into a
drawer containing gymp and fringe, and that it had been smouldering from six
oclock in the evening till the time when it was discovered. Great praise
is due to the constables of Bodmin for the very prompt manner in which the
fire engine was on the spot, and the very efficient working state in which
it was found.
CAMELFORD. On the 29th ult., a Court of Request was held at the
Town-Hall, before WM. HUGHES, Esq., barrister, when the following causes
were heard: BURT v HOUGHTON, for recover of GBP 15. The court was occupied
above four hours with this case, when a verdict for GBP 13.9s was declared
for plaintiff. HARRY v JACOBS, for a note of hand given for GBP 6.14s.
SELINA HOCKIN was called as attesting witness (since married); she declared
she did not know the importance of an oath, and had no idea what she had
witnessed, although 22 years of age and of very decent appearance. The
plaintiff was in consequence non-suited. HOCKIN v MITCHELL, for
GBP3.4s.3d., balance of account, which had been brought before another
court and referred to arbitration, which the plaintiff refused to abide by.
Verdict for plaintiff for the sum claimed. BALL v CROSSMAN for GBP 2.15s,
tailors bill. A medical certificate was given in which stated Crossman was
unable to attend, in consequence of which the case was adjourned to next
court.
TRURO POLICE. On Thursday, the 29th ult., THOMAS LAVIN, of Kea, was
charged with drunken and disorderly conduct in the streets, and fined 5s.
with costs. ELIZABETH TREZISE was charged with drunken and indecent conduct
in the streets, and was committed to the house of correction for two months
hard labour. On Monday last, THOMAS BUTTERS ANDREW, of Liskeard, was
charged with stealing a mule, the property of MR. GRIGG, of Liskeard, and
was committed for trial at the next assizes. On Wednesday, ELIZA LAWN[?],
charged with picking the pocket of JOHN PROUT, of St. Agnes, was committed
for trial at the next assizes.
FALMOUTH POLICE. On Saturday the whole of the crew (14) of the barque
Lord Stanley, DODDS master, bound for Aden and Bombay, with a cargo of
coals, were brought before the mayor and J. Hill, Esq., charged with
refusing to proceed on the voyage, after having signed articles to do so,
and receiving two months pay in advance. Their complaints were deemed
groundless by the magistrates, who recommended them to fulfil their
engagement, to which they consented, with the exception of one, who was
sentenced to 20 days imprisonment to hard labour. On Wednesday last, CAPT.
SMITH, of the schooner Hero, brought one of his seamen before the
magistrates, for refusing to do his duty. The case was proved, and the
seaman, JOSEPH CLARKE, was sentenced to 20 days imprisonment at hard labour
and to forfeit his clothes. A gentleman of the name of ROBERT DOUGLAS,
assistant surgeon of the Crane packet, was then placed at the bar, charged
with being drunk and obstructing the policeman JULYAN, on Tuesday night, at
twelve oclock. It appeared that the prisoner and another gentleman were
making noise and knocking at a respectable individuals house; and on being
told to move on, they refused, laid hold of the policemans arm, and
threatened, among other things, to black his eyes. The policeman called a
preventive man to his assistance, when the other gentleman named HENRY
JACKSON, masters assistant of the Crane, escaped. The witness GRIFFITH
corroborated Julyans story, when Jackson came forward to attempt to justify
Douglass conduct, but having admitted he was not sober, he was desired to
stand back, the magistrate saying he should not listen to his statement, as
it was evident both were disorderly, and consequently Julyan had done his
duty in conveying Douglas to prison, who, being an officer in H.M. navy, was
in duty bound to keep the peace, and assist a constable, instead of
obstructing him. He was fined 20s. and expenses, which were paid, and he
left the court.
CORONERS INQUESTS. The following inquests have been held before W.
HICHENS, Esq., coroner, since our last report: On the 1st instant, in the
parish of [H or Rxxx, may be Ruan] Major, on the body of JAMES PENGELLY,
aged 28 years, who was found dead on the road leading to his house, on the
27th ultimo. The surgeon who was called to the deceased, was of opinion
that he died either from a fit of apoplexy, or from a rupture of a blood
vessel in the head. Verdict, natural death. On the same day, in the parish
of St. Keverne, on the body of AARON MARTINS, aged 38 [or 28] who was
suddenly taken ill in his own dwelling house, on the preceding day, and died
shortly after. Verdict, natural death. On the 4th instant, in the parish
of Wendron, on the body of JANE GRIGG, aged 34 years,. The deceased had
been insane for many years, and being accustomed to have fits, was placed
under the care of a female servant. On the evening of the 1st instant, she
was put to bed at her usual time, between seven and eight oclock,
apparently as well in health as usual, but shortly afterwards was taken ill
in a fit, and died in the course of the night. Verdict, natural death. On
the 1st instant, in the parish of Camborne, on the body of PRUDENCE
KNEEBBONE, aged 61 years, who died suddenly on the 1st instant. Verdict,
natural death.
HYDROPHOBIA. It is our painful duty to record the melancholy death of a
man called NICHOLAS RUNDLE, who died on Sunday last, from hydrophobia. It
appears that in this town there is a pack of harriers kept, and called the
Butchers Pack, several of which have gone mad. A bitch called
Matchless had been accustomed to frequent the house of MR. PEASE, a
hatter, in East-street. One day it was observed by the boy in the shop that
the bitch snapped at him, and it was soon discovered that she was in a rabid
state. She had bitten another bitch called Majesty, which ran off rabid
to Langdon Hall, and bit a most valuable retriever, and then flew at the
keeper, who shot both dogs. Rundle was a journeyman hatter in Mr. Peases
shop. He was a courageous man fond of rat-catching and sporting. In
playing with a cat on the 7th of December, 1843, he received a scratch on
the middle of his left hand, after which he went to muzzle and hang the
hound which had been pronounced mad. In doing this some of the saliva was
admitted into the scratch for which a druggist applied Frists Balsam.
Seventy-seven days afterwards, viz. on Thursday, 22nd of February, he became
unwell, and vomited a greenish fluid. On Friday spasms first took him, and
a pain ran up his left arm. On Saturday a medical man pronounced him
laboring under hydrophobia, and on Sunday he died. The symptoms of this
disease are so fully detailed in books, that we have no wish to transcribe
them; enough to state that the poor mans sufferings were dreadful, and his
death most awful and distressing. We merely desire to offer to our readers
a word of advice by way of precaution. When a person is bitten by a rapid
or suspected animal, instantly apply common salt, and go to the nearest
surgeon, and get the bitten part excised, and afterwards cauterized or
causticated. This remedy is certain, but there is no remedy for the disease
when once established. Plymouth Paper.
15 MARCH 1844, Friday
LOCAL INTELLIGENCE
TRURO INSTITUTION. On Friday last, MR. BERRY read MR. PHILIP SAMBELL's
concluding lecture on Grecian Architecture, to a numerous and highly
respectable audience. This lecture was illustrated with a large number of
beautiful drawings in water colours, comprising representations of many of
the most celebrated buildings in ancient Greece. The view of the Acropolis
of Athens was painted on a very large scale, being 14 feet by 7, and the
walls of the Institution were adorned by that and other specimens of attic
taste, all of which proved very attractive.[ ] Mr. Sambell observed that
it is a common error to say that the orders of architecture are five, for
they are, in fact, only three. The Doric, the Ionic, and the Corinthian of
the Greeks are canons of art. The other two, which make the number
apparently five, are simply modifications of the Doric and Corinthian,
introduced by the Romans, not in the best of taste, to which they gave the
names of Tuscan and Composite. [..]With the exception of explaining the
seven classes of Greek temples, not only were all technicalities avoided,
but many of the descriptions were given in the glowing language of Sir Wm.
Gell, Colonel Leake, Wordsworth, and others
RECHABITISM. Several tents in East Cornwall have lately had special
meetings, to consider a new financial scheme which has been submitted to
them by parties deputed by the district officers. The explanation has been
well received, and the propriety of it may be inferred from the injudicious
step taken by some, who have gone into clubs, which promise as much again as
the benefits held out in the regular tables. Such clubs will inevitably
become bankrupt in a few years, when the distress will be most severe to the
aged members.
LANREATH FAIR. At this fair, on Tuesday last, there was a large number of
sheep, almost the whole of which exchanged hands, at 5d. per pound. There
was also a pretty large shew of beef, but of very inferior quality, which
sold at from 45s. to 48s. per cwt.
THE PENZANCE UNION. In consequence of the observations that were recently
made by the Bishop of Exeter, in his place in the House of Lords, relative
to the religious affairs of the Penzance Union, and the REV. CHARLES MOORE,
who has long acted gratuitously as chaplain to that Union, a special meeting
of the board of guardians was held on Thursday last, the 7th inst., to take
them into their consideration. COL. SCOBELL, the chairman of the board,
presided, and after that portion of the Bishop's speech that related to the
Penzance Union had been read, MR. RICHARD PEARCE rose to bring before the
Board a statement of FACTS in answer to the Bishop's charge against the
guardians and Mr. Moore. In this statement, which was condensed from the
minutes of the Board, a history of the connection of the Guardians with Mr.
Moore as their chaplain is given at great length, and it certainly is very
creditable to both the parties implicated. It appears from this statement
that on opening the Union-house in October, 1839, Mr. Moore, finding that no
provision was made for the spiritual wants of the inmates, continued his
services, which he had before given at the old workhouse. In the following
month, the REV. C. V. LeGRICE offered his services for three Sunday
mornings, and they were accepted. On the 12th of December of the same year
a proposition to elect a paid chaplain was made, but negative by a majority
of 28 guardians to 11, and then Mr. Moore offered to continue his services,
which the board accepted. The clergy present then offered to do duty on
Sunday mornings, which the Board accepted, and to which Mr. Moore gave his
assent. However, at a meeting of the board on the 26th of the same month,
the Rev. Mr. LeGrice said that several clergymen were prepared to perform
divine service in the Union house every Sunday morning and afternoon, and to
read prayers every Wednesday morning "until the commissioners, on
application made to them, should signify their intention to exercise their
powers in the appointment of that necessary and important officer a
chaplain." The board, being well satisfied with Mr. Moore, and
understanding the object of the office was to obtain his ejection, declined
it, and his services were accepted for the Sunday afternoon and week-day
duty. At the next meeting of the board, on the 2nd of January, 1840, the
clergy finding they could not obtain their object, declined to accede to any
other proposals, and Mr. Moore was requested and agreed to do the morning
duty as well. Ever since that time that gentleman had regularly ministered
to the religious comforts of the inmates of the house, and that so much to
the satisfaction of the board, that they had frequently expressed it by
their votes. It was further stated that Mr. Moore was a regularly ordained
clergyman, that his name is still on the clergy list, and that he has never
thrown off "the clerical garb" (which was one of the charges); other details
were also given to show that Mr. Moore had most efficiently and most
zealously performed all the duties of a chaplain, and the board considered
that they "should be wanting in their duty to the poor inmates themselves,
to the rate-payers, and to the Rev. Gentleman who now held the office, if
they dispensed with his services and appointed a paid officer in his stead."
On the motion of MR. PEARCE, seconded by MR. JOHN VIGURS, this statement
was adopted and ordered to be forwarded to the Poor Law Commissioners. MR.
JOSEPH CARNE then briefly proposed the following resolution which was
seconded by MR. HUMPHRY PASCOE and unanimously adopted: "That although the
thanks of this Board have already been repeatedly given to the Rev. Mr.
Moore for his services as Chaplain to this Union, we think it proper, in
consequence of the unjust and illiberal attacks which have been lately made
on him by the Bishop of Exeter, in his speech in the House of Lords, once
more to express our entire satisfaction with the conduct of Mr. Moore as our
Chaplain, with reference not only to his performance of the usual Services
of the Church, but especially to his kind, constant, and unwearied attention
to the sick, and to the children of the School; and that we again offer him
our most cordial thanks for gratuitous services such as we know no money
could purchase or procure for us, and our earnest request that, undeterred
by misrepresentation or abuse, he will continue these exertions which have
been already so beneficial." A committee was then elected to reply to some
aspersions of the Bishop in the same speech upon the case of MARY MILLAR.
FIRE AT ST. AUSTELL. On Saturday evening last, about seven oclock, the
inhabitants of this town were thrown into a state of alarm by the ringing of
the fire bell, occasioned by a fire having broken out in the house occupied
by MRS. BRADHURST, adjoining the New Inn public-house. The cause of the
fire is unknown, and fortunately it was soon got under, all the damage done
being the destruction of a child's crib.
DISASTERS AT SEA - On Wednesday se'nnight, the "Traveller," MAY, master,
arrived at Penzance from Padstow, having struck on the Cre.ers, and injured
her keel. On Monday, a French schooner, Captain Le Long, put into Penzance
on her passage from Cherbourg to Swansea, with loss of the head of her
mainmast and fore-top-gallant mast.
CAUTION TO PERSONS DESERTING THEIR FAMILIES. On Thursday, the 7th
instant, PAUL HITCHENS and JACOB FRANCIS, of Gwennap, were committed by J P.
MAGER, Esq., of Redruth, to Bodmin gaol, for deserting their families.
Hitchens for one month, and Francis for three months' hard labour The
authorities of the above parish are determined to visit delinquents of this
kind with the utmost rigour of the law.
THE LATE BURGLARY IN WILTSHIRE. On Saturday last, at the Wilts. Assizes,
STEPHEN ROBERTS COMMON, who was apprehended at St. Columb a short time ago,
was found guilty, with two other persons of the name of Smith, of the
burglary in the house of MR. JOHN HULBERT, at Lyplatt, in the parish of
Corsham. Sentence of death was recorded, and the Judge told the prisoners
they would be transported for life.
SERIOUS ACCIDENT. On Saturday last, MRS. VANDERALUCE, a char-woman, met
with a very serious accident whilst in the employ of MR. CHAPPEL, of Truro.
She had been standing on the sill of the second floor window for the purpose
of cleaning the glass outside, and was just about to get in again, when her
foot slipped, and she fell. Unfortunately, her head came against the door
steps, and the fall occasioned a fracture of the skull and other injuries.
The poor woman was immediately taken into Mr. Chappel's house, where she
remained for some days in a very precarious state, and was only removed
yesterday (Thursday) to the Infirmary.
NARROW ESCAPE. Last week, one of the post-boys at Dingley's Hotel,
Helston, was engaged to attend a funeral at Wendron, and when there, whilst
the corpse was in the church, alighted from his box, and went into an inn on
some errand. During his absence, some boys began teasing the horses, and
one of the lads, about twelve years old, took the driver's seat. Before the
post-boy returned, the animals set off at a furious rate, and after going to
the distance of about a mile, came in contact with a cart, when the lad, who
had managed to keep his place, was thrown off, and the wheels passed over
his body. The vehicle was upset, and greatly damaged; but the boy and the
horses were not much injured, although it is extraordinary how the young
urchin escaped.
CORONER'S INQUESTS. The following inquests had been held before J.
CARLYON, Esq., coroner, since our last report: On Friday last, at St.
Agnes, on the body of WILLIAM GILBERT, aged 32 years, who was killed in the
United Hills mine, by the explosion of a hole which he and his comrade were
in the act of tamping. The latter was also seriously hurt, but hopes are
entertained of his recovery. Verdict, accidental death. On the following
day, at Bissow Bridge, on the body of ANN LEAN, aged six years, who died
from the effects of injuries she received from catching her clothes on fire,
during the absence of her mother, who had gone to fetch water. Verdict,
accidental death. On Monday last, at Stithians, on the body of JOSEPH
BOWDEN, aged 37 years, who was killed by a fall in Tresavean mine, on the
9th instant. Verdict, accidental death. And on the same day, at Tregony,
on the body of the infant child of JOHN and ANN BURLEY, aged three months,
who was found dead in bed on the 9th instant. Verdict, natural death.
EXETER DISTRICT COURT OF BANKRUPTCY
February 28. In re RABY. The bankrupt had been an ironmonger and leather
seller, of Redruth, in Cornwall. He had never surrendered to the fiat. Two
dividends were paid in 1840, of of 2s.8d., and on of 1s.6d. in the pound. A
small property had come into the hands of the Assignee, which would pay a
final dividend of 3d. in the pound. Mr. Stogdon made an application on the
part of Mr. HENRY PINCHES of Birmingham. [He had been asked to review the
accounts, had done so, and was now charging GBP 5 for his 'tavern' bill.]
His Honour said he could not make a precedent by allowing these expenses.
[There was no documentation offered. The Registrar had called his attention
to a charge in this case from the solicitor, for writing 24 letters at
3s.6d. each, in the name of the assignee, for 24 debts, all under GBP 2.]
His Honour said that was a very fruitful source of profit to the solicitors
under the old system. The assignees were often men of straw, "broomsticks"
who devolved all their duties on the solicitor.
In re JAMES CHARLES, an insolvent, a master mariner of St. Columb, passed
his interim order, and the 27th of March was fixed for the final order.
In re CHARLES SCOTT. The hearing of this case, which took place some time
since, developed matters of interest we give the following summary: The
bankrupt had been a money scrivener, land agent, &c., of Constantine,
Cornwall. Mr. Turner called the attention of the Court to the audit papers
and other proceedings, under a former commission of bankruptcy, issued
against him in 1825. Mr. DAVEY, solicitor of Redruth, had been appointed
assignee, and Mr. Turner wished to examine him with respect to his
proceedings in that capacity, particularly the payment of GBP 220 to
bankrupt as allowance, which was not authorized by any memorandum on the
proceedings. [Other charges and payments were also discussed; His Honour
refused to act as a Court of appeal, and suggested they appeal to a higher
court.] Mr. Turner wished to have it understood that no imputation was made
against the character of Mr. Davey, although there had been inconsistencies
and deviation from the strict line of practice. The Court adjourned the
audit to March 27th.
22 MARCH 1844, Friday
CALLINGTON FAIR. At this fair, which was held on the 14th last, there was
a small supply both of bullocks and sheep, but both sold briskly. Fat
cattle averaged 45s., and store cattle 36s. per cwt. Fat sheep averaged 5d.
per lb. Several pens of ewes and lambs were sold, but at a low figure.
CAMELFORD FAIR - This fair, on Friday last, was well supplied with cattle,
which met with a dull sale; and, the weather being very unfavourable, little
business was done. Prices were much the same as of late.
LARGE PIG. Last week, at Menacuddle farm, in the parish of St. Austell,
MR. LADNOR slaughtered a very fine pig, which proved to be 774 lbs.
weight, or 55 stone 4 lbs., 14 lbs. to the stone. This is probably the
largest pig that was ever killed in that neighbourhood, and it has been the
wonder and admiration of the place for some time past.
ORDER OF ODD FELLOWS. On Tuesday last, a lodge, called the Loyal
Pendarves Lodge, was opened at the house of MR. WM. MITCHELL, innkeeper,
Camborne, to be in connexion with the Plymouth Grand Lodge, when several
young men were initiated into the society.
THE CUSTOMS. Mr. WEARNE, formerly of Penzance, late Comptroller at
Rochester, has been appointed to fill the same office at Exeter, in the room
of Mr. MILLER, who removed to Waterford.
RELIGIOUS INSTRUCTION IN UNION-HOUSES. In consequence of a petition from
the clergy of Penryn, lately presented to the House of Commons by Sir
Charles LEMON, praying for the appointment of a chaplain to the union, four
members of the board of guardians were appointed to make due enquiry into
the subject, and have reported as follows: 1. Daily prayers are said in
the house by the master thereof, to attendance on which the paupers are
assembled; bibles also, and prayer-books, are afforded to such of them as
are able and willing to read. 2. A regular service is performed in the
house every Friday, consisting of a selection of prayers from the common
prayer-book, and followed by a discourse delivered by the vicar or his
curate, on a portion of scripture selected according to some regular and
announced yearly system such weekly service amounting, together with a
short prayer in the sick room, to about one hour. 3. The paupers who are
able and willing to attend the church service are then, as also on every
Friday, invited to do so; and visitation during the week afforded in all
cases which appear to require it.
DARING HIGHWAY ROBBERY. On Friday night last, a daring robbery was
perpetrated on the person of a man named THOMAS, a pork butcher, about half
a mile from Penryn, at a place called Hill-head, on the road to Mawnan. It
appears that Thomas was on his way home to the latter place from Redruth
market, and had got out of the cart to ease his horse up the hill, leaving
the animal in charge of his wife. When about twenty yards behind the cart,
some one rushed up suddenly, and knocked him down with a bludgeon. He gave
one shriek, and was senseless. His wife immediately raised an alarm, but
before assistance could be procured, the scoundrel had ripped up the leg of
Thomass trowsers with a knife, and cut out his pocket, in which was upwards
of GBP3. Thomas soon recovered, although he must have been struck violently
behind the ear and lower part of the neck. No clue has yet been obtained
likely to lead to the detection of the offender.
SERIOUS ACCIDENT. On Thursday evening, the 7th instant, as Mr. WALTER,
draper &c., of Penzance, was returning from a journey on horseback, when
between Marazion and the Bridge, a few hundred yards on the Penzance side of
that town, he was met by MR. BILLIN, mercer and tailor, of Helston, in a
gig, accompanied by a lady. By some means the shaft of Mr. Billins vehicle
came in contact with the shoulder of Mr. Walters horse, and the poor animal
was disabled. He was, however, got back to one of the hotels at Marazion,
where the wound, a severe one, was dressed, and then, with some difficulty,
he was lead to Penzance, where he died the following Sunday. The animal was
the property of MR. PASCOE, of the Golden Lion Inn, Penzance; and the case
is likely to furnish employment for the gentlemen of the long robe.
FATAL ACCIDENT - On Wednesday sennight, as a person of Penzance, called
JOHN TRANNECK, was walking on the Western Green, he by some means fell from
the promenade to the beach, and was so seriously injured that he expired on
Monday. Deceased was 52 years of age, and subject to fits, which was the
probable cause of the accident.
BUDE. On Wednesday sennight, a child, about five years of age, named
LYDIA BENNETT, daughter of MR. WM. BENNETT, lodging-house-keeper, caught her
pinafore on fire while at play in a neighbours house with some other
children; and as the house was unconnected with any other, and no one with
the children at the time, she was so dreadfully burnt that she died within
five hours after. The father of the child, to whom she ran for assistance,
was at work in a garden within a few yards of the house; but being overcome
by the flame, she fell on the grass, where she was found by a person passing
with all her clothes burnt off, the father having been prevented from
hearing her cried in consequence of the wind being high and in a contrary
direction. An inquest was held on the obdy on Friday, when a verdict of
accidental death was returned.
PADSTOW. On the 8th instant, the body of GEORGE SANDERCOCK, who was
drowned with WILLIAM MAY, on the 1st of January last, was picked up at a
place called Cellars, a little below Egloshayle Church-town.
CORONERS INQUEST. On Monday last, an inquest was held at Padstow, before
J. HAMLEY, Esq., on the body of WILLIAM HOSKIN, of Port Isaac, when it
appeared in evidence , that on Saturday evening, about half-past seven
oclock, the smack Sir Richard Vyvyan, SMITH, master, on entering the
harbor in a fresh breeze, so injured her rudder as to render her
unmanageable, and she drifted on shore near Stepper Point. The crew hoisted
a light for assistance, but none came, although two pilots live near the
spot; but about half-past two on Sunday morning, the smack Ocean,
STRIBLEY, master, entered the harbor, and sent two men to their assistance,
when CAPT. SMITH and W. HOSKIN took an anchor into a small boat belonging to
the vessel, and carried it off, but in throwing it overboard, it hitched in
the gunwale of the boat and sunk her. Capt. Smith swam on shore, but W.
Hockin was drowned. Verdict, accidentally drowned, but great blame is due
to the pilots for not being present to do their duty. [Hockin/Hoskin spelled
2 ways in article.]
On Wednesday last, an inquest was held by MR. GILBERT HAMLEY, deputy
coroner, in the parish of Lezant, on view of the body of JOHN DONY. It
appeared from the evidence that the deceased was driving a cart towards his
masters house, when taking too short a turn round a corner, the cart was
upset, and the poor fellow was killed on the spot. Accidental death.
INSOLVENT DEBTORS COURT
A court for the relief of Insolvent Debtors was held at Bodmin, on Monday,
before Mr. Commissioner LAW. There were thirteen cases, of which one had
been adjourned from the last court.
WILLIAM JAMES, RICHARD LANDRY, JOHN POLLARD, and PASCOE ELLIS, were
unopposed, and severally discharged.
THOMAS HOCKEN was opposed by Mr. Hockin, for MR. PARKS. The case was
adjourned from the last court, for the purpose of amending the schedule,
which, the Commissioner said, he did not see had been done, although the
insolvent had been at large on sureties. [It was not stated that the
insolvent held a Policy of Insurance of some value. THOMAS HOCKEN, son of
insolvent, stated his father gave him as a security a warrant of Attorney
for GBP290 and interest, due for malt, barley, and cash. Witness handed the
only account he had against his father which stated Cash at different
times, GBP87. Commissioner said that was not acceptable. Witness stated
the balance due him was now GBP142. At the date of the warrant of attorney,
GBP290 was due, but father had paid him in barley GBP60, and cash at
different times GBP87. At the time the warrant of attorney was given,
witness knew his father owned Mr. Parks about GBP180. The insolvents house
at Carnhell Green was habitable and furnished. (The Commissioner observed
that there was no brokers inventory; a man called FRANCIS SODDY had walked
in and out of the house with his eyes shut, and certified there was nothing
on the premises.) Witness was at the sale and bought beds and bedding, a
cart and some horses, which were left at the premises. Believed it was two
horses, and it may have been two carts. DAVID STICKLAND, insolvents
brother-in-law, bought some carts and horses, which he left there also.
Witness and Stickland bought nearly all the things at the sale. (Mr. Soddy,
auctioneer, here handed in the particulars of the sale.) Insolvents farm
had been carried on since, and tilled in the usual way. Witness paid the
auctioneer for what he bought a day or two after the sale; could not say how
much the amount was. (Commissioner Then you paid none.) Knew his father
was indebted to HENRY [insolvents other son] for money advanced. Henry
had lived with the father, who found him meat, clothes, and pocket money,
but was now married and working as a miner. Miners wages were about 30s. a
month on average. MRS. ALICE RICHARDS was insolvents sister-in-law. Knew
a policy of insurance for GBP400 was given her. Father was now 77; Mrs.
Richards had several times put her name to bills for insolvents
accommodation, and this policy was given her for security when bankers were
pressing her. Insolvent had mortgaged the malt-house, dwelling-house, and
garden to MRS. CORNELIA HARRY, another relative, for GBP450, more than ten
years ago. Had not collected any debts for his father since MR. PARKS
brought his action; and did not know that Henry had. In response to
questions from MR. PRESTON WALLIS, witness stated that the bills accepted by
Mrs. Richards were held by CARNEs bank; and she had left some deeds there
in satisfaction of their claim. THOMAS RICHARDS, son of Mrs. Alice
Richards, said insolvent had told them the policy of insurance, given as
security to Mrs. Richards, was in the hands of the Insurance office. She
never held the policy. Mother had signed bills for insolvent as late as 15
or 18 months ago. Mr. HOCKIN addressed the Court, and observed the
vexatious defence to Mr. Parkss action on the preference given to
Thomas, and Mrs. Alice Richards on the attempt to make Henry a creditor
and on the character of the sale by auction; insisting that the whole
conduct of insolvent and his sons had been fraudulent, for the purpose of
defeating Mr. Parks. Mr. Wallis replied; after which, the Commission said
the schedule was in an unfit state to be dealt with; but he was not going to
put aside the case on that ground. But that very gross proceeding of the
sale under warrant of attorney must be done away with; and there would be no
discharge but on that condition. It was to all intents and purposes a sham
sale. The learned Commissioner then referred to the evidence of the claims
of Mrs. Alice Richards and the two sons. The proof was that Henry was a
debtor instead of a creditor; while Thomas had, under the warrant of
attorney, received a good dividend of ten shillings in the pound. The
claim of Mrs. Richards and the bank were the same, and Mrs. Richards held
the policy, while the bank held the deeds. There will be a discharge
conditional on payment of GBP70, and those three parties [Henry, Thomas, and
Mrs. Alice Richards] relinquishing their claims.
GEORGE EDWARD TRESIZE, of St. Just, was opposed by Mr. Little, for Mr. HOWE,
detaining creditor. This insolvent stated that his difficulties arose from
his having taken off the stock-in-trade of his brother, WM. TRESIZE, in
March 1841, at too high a valuation. The same brother was entered in the
schedule as debtor for GBP126.17s.; and had himself taken the benefit of the
Insolvent Act at the last court. [There was a long discussion regarding
shares in Levant mine, left to insolvent but purchased by Mr Coulson,
various stocks purchased and sold between the three brothers, and many items
not appearing on the schedule, as required.] Since insolvent had been on
bail, and before he filed his schedule, insolvent had taken out a game
certificate, but he asserted that it had not cost him a farthing. Had done
nothing since he went out of business in August, 1842. About May last, sold
a horse for GBP 22, to pay PASCOEs bill. Went to see the Great Britain
launched at Bristol, for which he had GBP2 lent him. Had not a pound of his
own money at the time. Had evaded Mr. Howes arrest some time, thinking he
might be able to get the money and settle with him. The Commissioner said
that, from the state of the schedule, he had no jurisdiction to help the
insolvent, and ordered him to lodge books and papers - now withheld, to
enter creditors and mortgages omitted, and sales of property to assure a
special balance-sheet of debtor and creditor between himself and Mr.
Coulson; the amendments to be filed within one month. Application to
enlarge bail was refused.
RICHARD REED, opposed by MR. P. WALLIS, for Mr. H. St. Aubyn, land-surveyor.
The ground of opposition was an alleged vexatious defence to an action in
the Vice-Wardens Court tried in 1842; but after the circumstances had been
stated in evidence, the Commissioner said the defence was not to be deemed
vexatious, and ordered insolvents discharge, conditionally on his amending
the schedule by stating for what debts his partners were jointly liable with
him, and that his partner, WILLIAMS, had the partnership account-book.
JOHN JONES, opposed by Mr. C. Coode, attributed his losses to the burning of
his mill, and fluctuations of the corn trade. He had taken the benefit of
the act on 1833, when his debts amounted to GBP300. After his mill was
burnt down, his creditors told him they would not press him; and in March,
1843, he made an assignment with agreement to pay by instalments, one of
which he had paid. The debts in 1843 amounted to GBP191. He had forgotten
to state this assignment in his special balance sheet, and had not mentioned
it to several of the creditors. Two days before his arrest, his goods were
distrained, and a brother-in-law, Mr. SERPELL, bought all the goods, giving
the landlord a note of hand for it. The particular object of the opposing
creditor was to make insolvent account for a sum of GBP 171.11s., alleged to
be the balance due to him, instead of there being a deficiency of GBP8.15s.,
on his transactions in trade. He had bought on credit, and sold for ready
money, and had continued to do so up to December last. Adjourned for
special balance-sheet; application for sureties granted.
WILLIAM ROGERS, opposed by Mr. Little, for Mr. HAWKER, detaining creditor,
and by Mr. Anstis for landlord, MR. LITTLETON, the object of the latter
being to order insolvent to give up a lease on of some fields, for 11 years,
no rent having been paid for the last two years. The insolvent had been an
innkeeper at Tideford, in St. Germans, but gave up business at Midsummer,
1842, since which he only occupied a small farm, some land of Mr.
Littletons, and of the Earl of St. Germans. On the 1st of January, 1842,
he had a dwelling-house, brew house, and malthouse, which was under mortgage
of GBP606, there being in arrear of interest of GBP37 at the time the
property was sold; the insolvent owed money to other creditors. Had had a
good many transactions in business with MR. MAY, spirit merchant of
Plymouth, and had signed blank acceptances for him; and it was on one of
these acceptances that Mr. Hawker brought an action against insolvent, and
obtained a verdict. Insolvent then gave a bill of sale to Mr. STEAD, a
brother-in-law, from whom he had borrowed GBP600 about six years ago. Under
the bill of sale, the property was sold at auction. (It appears there was
no mention of the bill of sale in the schedule.) Insolvents son WILLIAM
bought the business as an inn-keeper, for GBP 98, which he paid with money
advanced by an uncle in Plymouth. The freehold property was subsequently
sold for GBP 900. [Commissioner noted that insolvent sold all his
possessions when he was not in embarrassed circumstances, in order to avoid
being sued twice for a GBP 44 bill, and ordered him to lodge within one
month a catalogue of the sale by auction, the auctioneers debtor and
creditor account; a specific debtor and creditor account between insolvent
and Mr. Stead and a special balance sheet.] Stead to attend the next
hearing with his note of hand and accounts; and insolvent to give up
possession of Mr. Littletons fields. Mr. Hawker was appointed assignee.
THOMAS ELLIS. This was a Creditors petition. All creditors agreed there
was sufficient property to meet all demands, and Mr. Wat..ford, for Mr.
Ellis, stated he had lately been in communication with parties who had
promised to advance GBP 13,000 to Mr. Ellis. A mortgage had been made by
insolvent to the late REV. DR. CARNE, of Plymouth, and his father now
claimed the amount as being due to him. Creditors each had a candidate for
assignee, and could not agree on one person to assume the duties. An
application has been made to London, for the appointment of one.
JAMES WILLIAM BREWER, opposed by Mr. Preston Wallis, for MR. T. MARSHALL, of
St. Columb and others. Insolvent had contracted with the Commissioners of
Woods and Forests to build a Farm House at St. Enoder, and partly finished
the work. He then assigned all interest in it to Messrs. Norway and Hawken,
who were bound in GBP500 for the completion of the contract. He was paid
GBP 175 from the Commissioners, and paid that money to various persons.
Vouchers for payments to the amount of GBP 67.10s. were put in. Discharge
in six months from the date of vesting order.
WILLIAM BREWER, partner with the preceding insolvent, was opposed by the
same creditor, but was discharged, it appearing that he had been in America
during the proceedings referred to, and had no part in their actual
management.
WALDRON ANDREW, unopposed. The insolvent has been idle for the last six or
eight months; and the only entry on the special balance sheet was that the
week before he was arrested, he sold a mare and gig for GBP 15. On giving
up business, he had nothing to sell, as his was a commission trade. He had
a wife and family, and lived in a house belonging to his wife at Lelant.
These circumstances were not stated in the schedule, nor was there any
Brokers inventory, which insolvent thought unnecessary, as the furniture
was his wifes. It was taken in distress by Messrs. Genge and Lovibond, who
arrested him for GBP 150, but his wifes trustees denied his having any
interest in it. His wife had a life interest in the house at Lelant, and
about GBP 110 a year besides. The Commissioner ordered the case to be
adjourned, and a brokers inventory of the furniture in the house to be
made. The insolvent had been ill-advised. A man in his circumstances was
not to return a schedule, the inference from which was that he was a single
man, living in lodgings. He had not stated that he had any furniture on his
promises; he had had nothing valued; had sent no broker to the premises;
consequently, the court had no jurisdiction. The question did not arise as
to whose property the furniture may be. One of the first rules of the court
was that an appraiser must go to a mans house and see the property there.
Insolvent I had no property there.
Commissioner - There is time enough to consider that when you have
reported on it.
[the rest of this was cut off; the case was carried over to the next
sitting of the Court, with the appropriate appraisals.]
29 MARCH 1844, Friday
ASSIZES 1
CHARGE TO THE JURY
His Lordship said: Gentlemen of the GRAND JURY - The present calendar,
containing the names of the persons to take their trial at these assizes,
possesses those of no fewer than 66 individuals, and there are depositions
returned to me of five other cases; so that the whole number at present is
71, and will probably be increased before your labours are terminated. This
is undoubtedly an unusually great number for this county. I find from a
statistical table, complied from records kept at the Home Office, that
Cornwall is the only county in England in which, for the last two years,
there has been a consecutive decrease in the number of commitments.
I am happy to find that, with five or six exceptions, the charges are not of
a very aggravated character, comparatively speaking. The first case [I
should remark upon] is that of Elizabeth Moore, who is charged with the
manslaughter of her son, by striking him in the head with a stone, which, it
appears, she threw at him. There is not the slightest reason to suppose
that the mother intended any serious, if, indeed, any injury to her son, or
that she was at all conscious she had struck him at the time. But the act
of throwing the stone at him was illegal, and the law is, if the party in
the prosecution of such an act kills another without intending it, that is
manslaughter. However much she may have been distressed by her own act, and
however little she may have intended it, or have been aware of it at the
time, it will be your duty to find a bill. The next case is that of a
person named TUCKER, who is charged with maliciously stabbing and doing
grievous bodily harm to the prosecutor, but under circumstances which lead
to a belief that he was deranged at the time. If the evidence before you be
such as that in the case of sane and competent understanding you would find
a bill, I should recommend you to do so, leaving the case to be dealt with
on the trial as the evidence of capacity or incapacity may warrant. .[He
then discussed the case of Ivey, who supposedly tried to abort a child
with an emphasis on intent, not whether he accomplished the deed.] There
is also a case in the calendar, charging an offence committed on three
female children, all under the age of 12 years, and one under the age of 10.
With respect to the latter case it is quite immaterial whether the child
were a party consenting or not. If you believe that enough was done, as
under ordinary circumstances, to constitute the offence charged, it will be
your duty to find a bill, whether there was a consent or not. The same
observations may be made with respect to the infants above 10 and under 12
years of age, if you should be of opinion that the offence was committed
with consent, as far as assault only. If the child were above 10 years old
and under 12, and did not resist, but did not consent, the offence would not
be the higher one charged, but it would be an assault on a child, and
consent in that case could not be considered. The differences in the cases
being that if the offence be on a child under 10 years, it is quite
immaterial whether the party consented or not, as to the whole offence. If
the child were above 10 and below 12, it is then a misdemeanor if the party
consented or not; but in that case the higher crime could not be supported,
on account of such consent.
There is one case in the calendar, and one only to which I will no further
allude than this; that unless the evidence in it satisfies you that the
offence has been committed, and that public justice requires a trial, the
public interest will be best consulted by suppressing it altogether, and so
avoiding the evil of a public investigation. It is your duty to find the
bill in every case where there is sufficient evidence before you to raise
such a reasonable presumption against the party charged. I do not think it
necessary to detain you longer. []
TRIAL OF THE PRISONERS
WILLIAM HOLLOW, 24, was charged with having stolen a pair of trowsers, at
Marazion, the property of WILLIAM MITCHELL. The wife of the prosecutor
stated that on the 13th of February last, she put out a pair of trowsers,
among other things, to dry; she missed them in the middle of the day, and
found them in the prisoners fathers house, under the stairs. The prisoner
was seen on the same day by another witness, NICHOLAS BAWDEN, near the place
where the trowsers were placed, with a bundle under his arm, going towards
his home. Subsequently the constable, MARKS, went to the prisoners
fathers house, with a search warrant, and there found the trowsers. The
prisoner, in defence, stated that he found the trowsers, and took them home
till he could obtain the owner for them. Guilty Three months hard
labour.
JOHN McDONALD, 35, was charged with having stolen, in February last, 50 lbs.
weight of hay, and 1 lb. of leather, the property of ABRAHAM CHIRGWIN, of
Newlyn, in Paul. The prosecutor stated that in consequence of having lost
some hay, he put some leather marks in the remainder, with his initials upon
them. In a day or two afterwards, prosecutor, finding some gone, traced hay
to the prisoners stable, where he found a bundle. Prosecutor then sent his
man for a constable, and on the hay being searched by the constable three
marks were found in it. The prisoner, when the marks were found, said he
was sorry for what he had done. Guilty. Three months hard labour.
JAMES DUNCALF, 16, and JAMES THOMAS, 14, were charged with stealing four
pieces of leather, the property of JOHN LEAH. The prosecutor stated that he
lived at Redruth. On the 19th instant, he went to his farm to see that the
barn was locked; he saw the two prisoners coming towards him; on seeing him
they ran away. Prosecutor followed them, and they ran around a large garden
wall. When he came in sight of them, they threw down a bundle, and returned
to meet him. Prosecutor said what have you got there? Duncalf said a
piece of leather to tap my shoe,: and Thomas said we never meant to steal
it, but to pay for it to-morrow. Prosecutor went to the spot, and picked
up some leather, and then told them that he should put them before a
magistrate. The quantity taken might be about ten or a dozen pounds, and it
was his property. It had been lying in a room attached to his house. The
boys worked for prosecutor, and Thomas took his meals in the house.
ANN PRIOR servant to the prosecutor, gave evidence that on the day of the
robbery she saw the prisoner Thomas, after his tea, go into the room where
the leather was kept.
LILLY, the policeman of Redruth, produced the leather, which was identified
by the prosecutor as his property. Guilty. The prosecutor gave both the
prisoners an excellent character, and strongly recommended them to the mercy
of the court, as far as the ends of justice would permit. The Judge
sentenced them to One Fortnights imprisonment each, to be kept in solitary
confinement three days at the beginning, and three days at the end of the
term.
JOHN CURNOW, 35, was charged with having stolen a shovel and shovel-hilt,
the property of JOHN JAMES, of St. Keverne, on the 5th of January last.
[James kept the shovel and shovel-hilt in an outbuilding; on 6th of Jan. saw
them gone. A servant of his saw the shovel handle in the prisoners
possession, he being at work about a quarter of a mile from prosecutors
house. The handle was identified by a crack in the middle of it, but the
shovel had been altered.] Mr. Slade made a good defence for the prisoner,
and he was Acquitted.
CHARGE OF HOUSEBREAKING PHILIP TREGLOHAN, 32, was charged with having
feloniously broken and entered the dwelling-house of WM. McDOWELL, at
Falmouth, and tstole therefrom a silver tea-pot, silver milk-cup, and 13
silver spoons. Mr. Merivale prosecution; Mr. Slade defence. Prosecutor
stated on Friday, 12th of January, he went to chapel about six oclock,
leaving his dwelling-house locked up, with no person in it. On his return,
about half-past eight, he found that some person had been in and taken
property. [Side-board had been opened; most of the articles had been taken;
the parties appeared to have ransacked the whole premises. His desk was
forced open with a chisel, and papers strewed about. The back
kitchen-door had been forced open, as had the lock of a door leading from
the courtlage to Wellington Terrace. On the next day, constable found a
chisel at the premises of a man named JACKET; both prosecutor and constable
though that chisel broke the desk open as the marks on the desk matched the
chisel precisely. Prosecutor, on searching about, saw foot marks, belonging
to prisoner or Jacket.
GEORGE JULYAN, constable of Falmouth, produced two parcels of silver, one
from MR. AGUSTUS, of Falmouth, the other from BERENGER and SCHWERER, of
Redruth. Obtained silver from Agustus 26th of February; kept it in the same
state ever since. Apprehended prisoner on the 22nd of February, at his own
house in Wellington Terrace, telling him he was apprehended for selling some
plate at Redruth, which Mr. McDowell identified as his property. Prisoner
replied that he got it from a sailor for putting a lock on his chest.
CROSS-EXAMINED: Had know prisoner twenty years, never heard anything
against his character. Witness in the presence of the constable who found
the chisel at Jackets, fitted it to the desk, and had no doubt it was
broken open with that chisel. Jacket was to be tried at the next Falmouth
borough sessions for stealing mutton.
EDWARD BENNET, constable of Falmouth, searched prisoners carpenters shop
near the Fish-strand. Prisoner gave witness the key to the shop and told
him the drawer in which to find the silver. Prisoner said the silver was in
payment for putting a lock on a sailors chest, for which he charged 3s.6d.
JOSEPH JOSEPH, silversmith of Redruth, stated prisoner came to his shop and
offered silver for sale. Witness thought it looked suspicious, and would
neither purchase it or return it. Prisoner then said he could bring
testimonials of his character from Dr. BROUGHAM, of Falmouth, and that his
brother lived at Redruth. Prisoner fetched his brother, whom witness knew
as a tradesman at Redruth, and on the brothers representations and
persuasions, witness bought the silver for 5s., and had kept it to the
present time. Prisoner told witness that he got it of a sailor for
repairing a chest.
JOHN AGUSTUS, optician, of Falmouth, stated prisoner came to his shop with a
parcel of silver, and said it belonged to a sister-in-law who was in want,
and whose husband had gone to America; and that she had had it given her by
a lady of Plymouth, and that it was pieces of handles of knives and forks,
which witness then and now believed was the case. Witness bought it for
GBP1.6s; it was 6 ounces. This witness also gave prisoner a good
character.
Mr. and MRS. McDOWELL were then called to identify the property; but under
the ingenious cross-examination of Mr. Slade, considerable doubt was thrown
on the marks and other means of proving the property. Mr. Sale then made an
able defence for the prisoner, in an address to the jury, and called FRANCIS
TRELEAVEN, dub-distributor of stamps, EDWARD TREGONING, bookseller, and JOHN
DUCKHAM, formerly a schoolmaster, all of whom gave the prisoner an excellent
character. Mr. Duckham was cross-examined, and stated that he saw prisoner
when he was in custody, and told him he was sorry he had placed himself in
so awful a situation. Prisoner replied that he was very sorry; it was a
very bad case. Witness asked him if he had any accomplices; and he said no.
The Learned Judge very carefully summed up the evidence; an the jury
returned a verdict of Not Guilty.
RICHARD DAVIS, 14, was charged with stealing an iron auger, a crowbar, and
other articles, the property of RICHARD VOSPER, miller, at Trevake, in
Alternun. It appeared that the prisoner had been in prosecutors employ,
and on the 2nd of January took a bag of old iron to a blacksmith named
SLEEP, at Five Lanes, for sale. Sleep kept the iron till the next day, when
the prosecutor came and identified it, as he did also in Court, as his
property. Guilty. A Fortnights imprisonment. Solitary confinement for
three days was at first ordered; but it being represented that the prisoner
was weak and nervous, this portion of the sentence was remitted.
JOHN ABBOTT, 51, was charged with stealing a piece of wood of about the
value of two-pence or three-pence, the property of JOHN HORTON, of
Stokeclimsland. The prosecutor lost the piece of wood in question in
January last, and it was shortly afterwards found in the prisoners house.
The prisoner, in defence, said that when the prosecutors wife went out, she
would bring her children to his house to have them taken care of, and as a
compensation she had given him the piece of wood without telling her husband
of it. Verdict, Not Guilty.
WILLIAM BLATCHFORD, 56, was charged with having stolen eight potatoes, two
quarts of barley, and a quantity of soda, the property of HENRY WEEKS BOLT,
of Launceston. The prosecutor keeps the Exeter Inn at Launceston; prisoner
occasionally worked for him. On Sunday, the 28th of January, the prisoner
went into the back-kitchen, and remained there a short time, after which he
went out. His appearance gave Mrs. Bolt reason to suppose that he had
something in his pocket, and she sent for him back and asked him to lay the
fire. She shortly after charged him with having robbed the house, and found
that he had on his person a quantity of barley, the prisoner having
previously pulled out of his pockets some potatoes and a quantity of soda.
Several persons gave the prisoner a good character for a great many years.
Verdict Guilty. Four months hard labour.
ROBERT STEPHENS was charged with stealing an oak pole, the property of the
executors of the late Mr. HAY, from a coppice at Linkinhorne. It appeared
that THOMAS LAUNDER, a labourer employed by Mr. Hays executors, having cut
some coppice wood which he missed, marked the remaining poles, and having
missed some of there he looked into the linhay belonging to the prisoner at
five oclock in the morning of the 15th of January last, and there found a
pole, which was one of those that he had previously marked. He called a
constable and gave the pole into his possession; but the prisoner was not
then present, and as the linhay was only asped, any one might have opened
the door, besides the witness. Verdict, Not Guilty.
The Court then rose.
[Next Day]
THOMAS HOSKING, 16, pleaded Guilty of having stolen a cotton handkerchief
and a cotton shirt, the property of JOHN VINGOE, of Buryan.
THOMAS FIELDING, 18, a sailor, was charged with having stolen two basons,
two plates, and two knives, the property of JAMES HUGHSON. The prosecutor
keeps the Dolphin Inn, at Falmouth, and sometime in November last, the
prisoner, who was cast away on the Scilly Islands, came to lodge at his
house, and remained there six weeks, when the prosecutor got a ship for him.
After prisoner left, the things mentioned above were missing, and on the
ship in which the prisoner was employed being searched by a constable, the
articles were found. Prisoner, when before the magistrates, said he was
very sorry that he had done such a thing that it was the first time that
he had been brought up on such a charge, and he would take care it should be
the last. Guilty. Four Months hard labour.
MARY BIRCH, 27, was charged with stealing a sovereign, the property of
THOMAS RASHLEIGH, of Budock. It appeared that on the 20th of February last,
the prisoner came to prosecutors house, and stayed there a considerable
time. While she was there, prosecutor came in and gave his wife a sovereign
and 10s., in a handkerchief, which Mrs. Rashleigh put on the dresser.
Subsequently she went up stairs, and while she was there, the child of the
prosecutor saw the prisoner go to the dresser, and heard money rattle. Next
morning the sovereign was missing. On the prisoner being apprehended eight
days after, she said she had never done such a thing before, and would not
do it again. The jury returned a verdict of Not Guilty.
GEORGE DENNIS, 16, was charged with stealing a gin or vermin trap, the
property of JOHN PERMEWAN, of Sennen. The prosecutor had some 30 or 40 of
these traps on his estate, and missed several which had been stolen. On the
1st of March, prosecutor went to a bush, and there saw three traps, one of
which was his. The next witness, GEORGE JENKINS, a labourer, said he was
near the bush and found the traps; when he saw them he watched, and saw the
prisoner go to the bush where they were. The witness again watched, and saw
the prisoner come the next evening and take up the traps. Witness then went
forward and charged him with having stolen one of them from prosecutor.
He first denied that it was Mr. Permewans property, and then said that he
had only taken that one. Guilty. The prisoner received a very good
character, and was, therefore, sentenced to only Three Days Imprisonment
One day solitary.
LENT ASSIZES
ARSON AT ST. COLUMB - GEORGE LIDDICOAT, alias GREGOR, 29, was charged with
feloniously setting fire to, and causing to be burnt, certain stacks of
corn, the property of JAMES POLKINHORN, of St. Columb. MR. ROWE conducted
the prosecution, and Mr. RAWLINSON appeared for the prisoner. Mr. ROWE
having briefly stated the facts of the case, called JOHN PARKYN, who was
examined - I am a blacksmith at St. Columb; I recollect Monday, the 20th
of November, the day on which the fire took place at Mr. Polkinhorns farm.
Mr. Polkinhorn keeps the principal inn at St. Columb. He is too ill to be
here today. The mowhay is about 400 yards from the inn, and a small
distance out of the town; there is no house near it; on that evening I was
coming down the Fore-street, about twenty minutes of eight; Mr. WHITFORD
lives in the street opposite Polkinhorn, a little bit higher. By Mr.
Whitfords house there is a small lane, which would lead to the mowhay.
There is another way down to the mowhay, which is a public highway. At
Whitfords house I saw the prisoner, whom I had known for years; about
twenty minutes afterwards I saw the fire. I was at my own door-way about
300 yards from the mowhay. When I first saw it there was one fire in the
wheat mow the flame was about three or four feet high. I went down
directly, and found two mows on fire the wheat and the oat mows. There
were one or two more there when I arrived. When I arrived the flame was
from the ground up to the top of the rick.
CROSS-EXAMINED: The engine came about twenty minutes afterwards. I did not
see the prisoner at the fire.
WILLIAM TRUMAN examined: I live at St. Columb; on the night of the 20th,
saw the fire, and ran down to the mowhay. There were two ricks burning when
I got there.
JOHN HARRIS, jun., examined: I am twelve years old, and live at St. Columb.
Know the prisoner well by sight; recollect the night of the fire; was that
evening in the Fore-street with another boy, called HENRY BOND; it was
rather dark; I think it was an hour before I heard of the fire; we were up
the street by MRS. CAYZERs. The prisoner came up the street; he asked
Henry Bond to go in and get a box of lucifer matches for him. We went in
for them. The prisoner gave the money for them. Bond gave the matches to
the prisoner. After Bond gave prisoner the matches, prisoner went down the
street. He appeared as if he had been drinking.
CROSS-EXAMINED: The prisoners fathers house is opposite Mrs. Cayzers
house. Prisoner is a sailor.
HENRY BOND corroborated the evidence of the last witness.
WILLIAM TIPPET examined: I am a tin plate worker of St. Columb; have known
the prisoner many years; he came home about the beginning of September; he
was away two years; I was, about the beginning of September, at the Ring of
Bells one evening; the prisoner was there, and a man called SKINNER; heard
prisoner say he had a grudge against Polkinhorn, and would serve him out; he
did not know it would be this time, but the next time he came home he would
really serve him out; he also said, as for Polkinhorns large dog, he was
sure to die,he would do for him. I left then, and left the prisoner there.
CROSS-EXAMINED: It was in the kitchen; did no go before the magistrates;
mentioned this the first time after the fire the next morning to MRS.
GEAKE,the wife of Mr. Geake, the druggist.
JAMES GEAKE examined. I am a carrier, living at St. Columb; I was at the
Commercial Inn, in St. Columb, on the 29th of October last, betwixt eleven
and twelve oclock in the morning; the prisoner was there; we were in the
kitchen; I recollect some one coming in and putting a question to the
prisoner; the question was Well, George, how does the leg of mutton taste?
I had heard before that Mr. Polkinhorn had lost one. The prisoner said I
dont know, but I should like to have a slice of it; I have heard that
Polkinhorn has had something to say about my stealing it, and Ill be d----d
if I dont serve his bustguts out. Mr. Polkinhorn is a stout, tall man.
In the month of November I was at a public-house kept by MR. COODE; the
prisoner was there, and WILLIAM ROOKES was there. Similar threats passed
then as before, but I dont recollect the exact words. Prisoner made these
threats.
CROSS-EXAMINED: There were several there besides the prisoner. I am
friendly with Mr. Polkinhorn; I saw him in his bar last week; he was very
ill, unable to attend to his business.
WM. ROOKES examined. Am a woolcomber; have known prisoner six years; in
November last was at Mr. Coodes public-house; the prisoner was there, and I
went with RICHARD BOSCOMB. The last witness was there. Boscomb is in Mr.
Polkinhorns service as ostler; and prisoner said Dick, I understand that
Polkinhorn has been saying that I stole that leg of mutton that he lost the
other day. Dick said, I never heard him say anything about it. Prisoner
said he has; but he had better hold his tongue about me, for Ill be d----d
if I dont do him a secret injury. A man present, named PASCOE, said
George, George! Mind what you are saying of. The prisoner was more
exasperated, and said I will do that big bustguts such a trick as he was
never served before, if I die for it. I remember the day of the justices
meeting at St. Columb, at Mr. Polkinhorns. After the prisoner was
committed I was standing by Miss Polkinhorn as the prisoner went out in
custody. He looked towards her and shook his head, and said I shall come
back again, and Ill be d----d if I dont serve you out. CROSS-EXAMINED:
I serve as a waiter sometimes at Mr. Polkinhorns house.
RICHARD SOLOMAN examined. I am an assistant ostler at Mr. Polkinhorns; on
the evening of the fire I was in my masters tap-room, about seven oclock;
the prisoner was there. He was drinking. He said Dick I have a pint of
beer and it is not fit to drink. I said we have pretty good beer in the
house, and I never heard any one speak against it. The prisoner then threw
the beer under the grate, and called for another pint; ANN TRESIZE, a
waiter, came in; and he asked for another pint of beer, and she said she
would not bring any more till he had paid for what he had had. I then left
the room, and stood by the door. Soon after that the prisoner came out; he
was rambling he was tipsy. I was by one side of the doorway, and as he
went out he said Ill be d----d if I dont do some of them some good.
There was no one with him. He did not see me that I know of. That was
better than half an hour before I heard the alarm of fire. He went towards
the lane by Mr. WHITFORDs house. In the mow there were four stacks oats,
barley, wheat, and hay. He went through the back lane, by which he might
get to the mowhay.
ANN TRESIZE examined: I was a waiter at Mr. Polkinhorns inn; I remember on
the evening of the fire seeing the prisoner in masters tap-room, about
half-past six; brought in some beer. He swore it was not beer but vinegar.
He told me to bring him another pint, which I refused till he had paid for
the first, and I left the room. When I went in first I saw the last witness
there.
AVERY BUCKINGHAM examined. I am constable of St. Columb, and have the
charge of the parish fire engine; on the evening in question, I was present
at the fire managing the engine; it had been repaired recently, and was in
very good repair; saw the prisoner there. He was continually calling for
water. I had put the engine in a position to play from suction. I said if
it was over-filled, it would break the hose. I told the prisoner that he
must not call for water, and he said I know the nature of the engine as
well as you do. I told him if the cistern was over-loaded it would break
the hose; he said they had one on board of ship that he was engineman, and
he called for more water. I turned my back for a few minutes to get a
light, and when I came back the hose was broken, and the engine rendered
useless. The fire could not be got under, and three ricks were burnt the
wheat, oat and barley. I had known the prisoner for some years. Before the
prisoner went to sea, I was present when Mr. Polkinhorn made a charge
against him. On the day after the fire, I raised a hue and cry against the
prisoner; I found him about six in the evening in a shed in a field about a
quarter of a mile from the town. He was covered over with straw, I then
took him into custody.
CROSS-EXAMINED: I did not give this evidence before the magistrates, but I
gave it in another case. The prisoner took off his handkerchief, and bound
round the hose; but it never worked after. BY THE JUDGE The prisoner
joined the engine immediately I put it in the bottom near the water, and I
was surprised to see it, knowing that he had a bad feeling against
Polkinhorn, and I checked him repeatedly.
WALTER POLKINHORN examined: My father is prosecutor. The mowhay was my
fathers. He is now confined to the house by gout.
This being the case for the prosecution, Mr. RAWLINSON addressed the jury
for the prisoner, after which the Learned Judge summed up the evidence with
great care, and the jury, after nearly two hours deliberation, found a
verdict of Guilty. The Learned Judge, in passing sentence, said, the jury,
after a careful consideration of your case, have convicted you of one of the
blackest offences in the whole catalogue of crime. They have found you
guilty of being a wilful incendiary. There can be nothing more malignant,
nothing more dangerous to society, than this crime, and no one can foresee
or control the loss of property and even of life which it may occasion. The
evil of malice and revenge exhibited itself in your case in the worst
possible shape. The law has ever subjected such offenders to the severest
penalty. Till lately that penalty has been death, and now it is the second
highest penalty known to the law. The sentence is that you be Transported
for the Term of your natural life.
CALVIN DYER, 17, was found Guilty of stealing three fowls, the property of
his master, JOHN JOHNS, of St. Ewe, on the 17th of January last. There was
a former conviction against the prisoner for stealing a quantity of coals,
for which he had suffered a months imprisonment. The jury found him to be
the same person who had then been prosecuted as CALVIN DYER MILLS. Six
months hard labour.
WILLIAM SMITH, 20, was charged with stealing a saw and a piece of oak
timber, the property of Mr. WALTER DUNN, ship builder of Mevagissey. The
things were found in his possession, and the prisoner said he took the saw
to make a rake to rake ore-weed, and the piece of wood to kill a pig upon,
meaning to return them. Verdict , Not Guilty.
JAMES TRESIDDER, 25, pleaded Guilty of having stolen a frail of raisins, the
property of THOMAS TREINSIN.
REBECCA GLIDDEN, 16, was charged with stealing three sovereigns at
Northhill, the property of ROBERT HARVEY. Mr. ROWE appeared for the
prosecution, and MR. SLADE for the defence. It appeared that the prosecutor
worked for MR. COTTON, miller and farmer, at North-hill, as a labourer, and
that the prisoner worked as a servant in the same house. The prosecutor had
a box in his room, in which he kept his money, and in the box he had four
sovereigns, but the box was not locked, though it was corded. He saw his
money safe about a fortnight after Christmas, and when he looked into the
box, on Sunday fortnight, he found three sovereigns missing. It further
appeared that the prisoner had, in the month of January, exchanged a
sovereign with MRS. PEARCE, of North-hill, for drapery. In the next month
she changed another sovereign with MRS. HAWKE, of the same village, for
other articles. On being taken into custody, the prisoner made a number of
different statements, in which she much prevaricated. The jury found her
Guilty, but recommended her to mercy, in consequence of the prosecutors
carelessness in leaving his money so exposed.
MARY JANE BELLMAN, 19, was charged with having stolen a pair of womans
boots, the property of JOHN PARKER, of St. Blazey. Guilty Ten days
imprisonment, one day solitary.
JOHN TINCOMBE, jun., 16, was charged with stealing a hen, the property of
PETER HILL, farmer, of Budock. Not Guilty.
THOMAS BUTTERS ANDREW, 28, was charged with stealing a mule, the property of
JOHN GRIGG. The prosecutor stated that he was a farmer at Liskeard. On the
27th of February, he had four mules on his estate; saw them that afternoon
about five oclock. His man, BARRETT, was working with three of them. The
next day one of them was missing; prosecutor went the same day to Truro, and
found the mule in a stable at the Seven Stars; he gave the animal into the
custody of the police. On the previous evening, prosecutor saw the prisoner
along with his man Barrett.
THOMAS BARRETT stated that on the evening in question he saw the prisoner on
his masters farm; was working with three mules; prisoner asked him whether
they were quiet mules, and whether they would kick (laughter). He asked
witness whether they would bite, and witness told him that the hinder mule
was the best of the three; prisoner then asked witness whether they were
kept in the houses, and he told him that they were not, but that they were
turned out to grass. The next day witness found that the hinder mule, which
was the best, was gone (laughter). He saw the mule to-day at a house in the
town; did not know what house; saw it with the landlord; did not know which
landlord (laughter). The mule was the hinder mule that was taken away.
(The answers of this witness were given in a dialect that thoroughly puzzled
the court, and kept it continually in laughter. Mr. Rowe, who conducted the
case for the prosecution, was for translating to the Judge the replies of
the witness; but Mr. Hughes, on behalf of the prisoner, objected, and the
Judge asked the jury whether they could understand the witness. The jury
replied in the affirmative, and the case proceeded.) WM. BENNEY stated
that on the 28th of February he met the prisoner at Truro, with a mule, and
took him to the Seven Stars, where he introduced prisoner to the ostler.
ALEXANDER McCOGLEN, ostler at the Seven Stars, corroborated the evidence as
to the mule being brought to the inn on the day in question; and prisoner
left the mule with him, and told him that if he would take care of it he
would pay him. Mr. Grigg afterwards came and took possession of the mule as
his property. The Prosecutor was re-called and stated that the mule was the
one that had been stolen from his field. Guilty. A former conviction was
put in and proved, and the prisoner was sentenced to Fourteen Years
Transportation.
HENRY MARTEN, 63, was charged with having stolen a quantity of straw, the
property of MR. MARK GUY, the elder. The prosecutor has a farm at
Endellion, where he kept a brood mare in a field, feeding it there on straw
and oats. On the 19th of January, HAWKES, the prosecutors hind, took some
straw into the field, and having suspicion of the straw being taken away, he
got behind a hedge to watch. While he was there he saw the prisoner come
and take a bundle of the straw, and go towards his home with it. Witness
called to the old man, who was deaf, to stop; the prisoner turned round, and
having looked at the witness, proceeded with the straw. A boy named JOSEPH
HONEY gave evidence that he saw the old man going to his house with the
straw. The prisoner, in defence, did not deny taking the straw, but said he
took it from a heap of old bad straw in the field, to litter a pig, thinking
it of no great importance. Guilty. His Lordship, taking the prisoners
past confinement into consideration, sentenced him to Ten Days
Imprisonment.
JOSEPH BRAY, 20, pleaded Guilty of having stolen 16 gallons of wheat and a
bag, the property of ROBERT JOHNS; also, of having stolen a shovel, the
property of GEORGE BRENDON. There was another charge against him, to which
he pleaded Not Guilty namely, than of having stolen a waggon whip and a
brush, the property of WM. BRENDON, of Lezant. On this charge the prisoner
was put upon his trial, and found Guilty.
WILLIAM NETTLE, 16, was found Guilty of having stolen a pair of shoes, the
property of SAMUEL BREWER, a miner, working at East Wheal Rose mine, in
Newlyn. One Months hard labour.
The Court then rose.
WEDNESDAY, MARCH 27
JOHN LEGG, 22, was charged with having feloniously assaulted, with intent,
&c., ELIZA HALLETT, a girl under twelve years of age, in the parish of
Poundstock. Mr. ROWE conducted the prosecution, and MR. SLADE the defence.
>From the evidence of the prosecutrix it appeared, that on the 17th of
February last, about the middle of the day, she was in a field called
Deer-park, herding cattle for her master, MR. MEDLAND, a farmer, when a man,
who she believed was the prisoner, came up to her and asked her the way to
Cobthorpe. Prosecutrix told him the way, and then the man drew her inside
the hay-rick, and committed the assault in question. Prosecutor screamed,
and afterwards ran away home. Her screams were heard by other persons, and
evidence of that fact was given, as well as of the prisoner having been seen
by several persons in the neighbourhood where the assault was committed,
within an hour of the time that it took place. On the other hand, it was
shown that the man was a stranger to the prosecutrix, and that when she
first described him to her mother, she said she believed that the person had
on a black hat, whereas it was proved that at the time of his apprehension,
in the afternoon of the same day, he wore a white hat. Verdict , Guilty.
Fifteen Months hard labour.
PHILIP BUCKINGHAM, 38, was charged with having assaulted ELIZABETH BEARD, of
Kenwyn, with intent, &c. Mr. MERIVALE conducted the prosecution, and MR.
SLADE the defence. In this case, the prosecutrix is a domestic servant, in
the employ of MR. SANDFORD, of Bosvigo Cottage, about a mile from Truro. On
the evening of the 24th of February, she was sent by her mistress into
Truro on some errands, and at about half-past eight oclock she saw the
prisoner near the Seven Stars public-house, and he said to her Oh Lizzy, I
want to see you; I have got a place for your brother. She then had some
conversation with him on the subject, and afterwards bid him good night, and
did not again see him till the time of the assault in question. She then
went to the market to MR. JOHN KNIGHT, her mistresss butcher, and from
there returned home. While passing along the footpath across the fields,
and at about half-a-mile from Truro, the prisoner came up, and putting his
arms round her waist, commenced the assault in question, which he continued
for twenty minutes, when he was interrupted by two men, who heard the
prosecutrixs screams, and came to her assistance. These men knew prisoner,
and asked him what he was about, and told him that it would be better if he
was at home with his wife. The prisoner then came up again, and putting his
hand on her mouth said Lizzy, let me kiss you let us shake hands and make
it up. Prosecutrix replied for Gods sake, Buckingham, go away. She
then proceeded to her mistresss house.
MRS. SANDFORD gave evidence as to the prosecutrixs distressing appearance
when she returned home, and of the good character which she believed her to
bear.
On behalf of the prisoner, MR. J. KNIGHT, butcher, of Truro, gave evidence
that on the evening in question, he saw the prisoner and the prosecutrix
together at his standing in the market place, which he thought was above 100
yards from the Seven Stars Inn, and that he also saw her the same evening,
about nine oclock, walking with the prisoner near the East Bridge, in Truro
the East Bridge being still further from her masters residence than the
market is. Three other witnesses were called, who stated facts of a nature
calculated to ruin the reputation of the prosecutrix. Mr. Merivale then
replied, and commented very strongly on the fact that neither of the two men
who had seen the prisoner on the night of the assault had been called in his
defence, though it was quite certain that their evidence would have been
forthcoming had it been favourable to him. The Learned Judge having summed
up, the jury, after considerable deliberation, returned a verdict of Not
Guilty.
LUKE MARTYN, 19, was charged with a common assault on HANNAH JANE CLYMA, the
daughter of Mr. Wm. CLYMA, who keeps a public house at St. Lawrence, about a
mile from Bodmin. Mr. HUGHES appeared for the prosecution, and Mr. SLADE
for the defence. In this case, which was one of a similar character to the
above, the evidence was of such a nature, as to the character of the
prosecutrix, although she was only a little more than twelve years of age,
that the jury returned a verdict of Not Guilty.
RICHARD IVEY, 33, was charged with having administered arsenic and savin to
SUSAN GRIBBLE, with a view to procure miscarriage. The indictment varied
the charge in four counts; and there was a second indictment charging the
prisoner with having attempted to produce miscarriage by pressure. Mr.
Poulden conducted the prosecution, and Mr. Merivale and Mr. Moore appeared
for the prisoner. Mr. Poulden stated the facts of the case as they were
afterwards proved in evidence, from which it appeared that the prisoner was
a grocer at Redruth; and prosecutrix a young woman, 20 years of age, was a
servant in his employ for the last two years and a half. About nine months
ago, the prisoner had a connection with prosecutrix, which resulted in her
becoming pregnant. Prosecutrix communicated that fact to the prisoner, on
which he recommended her to take arsenic and savin. Prosecutrix had
previously bought arsenic for the purpose of effecting her own destruction,
and when her master told her to take arsenic and savin, she told him that
she had arsenic by her, and the savin was obtained by the prisoner and
placed by himself in her box, acquainting her at the same time with the
manner and the proportions in which these articles were to be taken.
Prosecutrix took some of the mixture three times; the first dose made her
ill, and the second and third made her so bad that she was obliged to go
home, where she remained a fortnight, and then returned to her service
again. At this time her mouth and teeth were very black. In about a week
afterwards, the mother of the prosecutrix called to see her, and as the girl
was up stairs changing her dress, she went up to her, and then discovered
that prosecutrix was pregnant. She immediately took her daughter home, and
the next day prosecutrix told of the attempts that had been made by her
master to procure a miscarriage. On the part of the defence, it was
attempted to be shown that the girl was unworthy of credit in some
particulars of her statement, and the prisoner received from several
witnesses a very good character. The Learned Judge summed up the case with
great care, and the jury returned a verdict of Not Guilty.
The Court did not rise till near eight oclock.
THURSDAY, MARCH 28
JAMES ANGWIN, 49, was Acquitted on a charge of assaulting a girl under ten
years of age, named MARY WRIGHT, of Mousehole.
GRACE BONE was Acquitted on a charge of concealment of a birth of her child,
the case being stopped by the Judge.
RICHARD IVEY was brought up on the second charge against him, and no
evidence being offered, he was also Acquitted.
ELIZABETH MOORE was found Guilty of the manslaughter of her son JOHN MOORE,
at Redruth, on the 12th of August last, since which time she had been in
gaol. One Days Imprisonment. The case of this poor woman excited the
greatest commiseration in the court.
JOHN TUCKER, charged with stabbing MR. JOHN KEAST, the master of the St.
Germans Union House, was found to be insane.
(We shall give a report of the proceedings in these cases in our next.)
NISI PRIUS
Tuesday, March 26
ALLEN v. MIDDLECOAT and ANOTHER. The plaintiff in this case had been
overseer of the parish of Veryan, and at the end of his term of service of
that office, was a defaulter to the parish, in about GBP 70, for which
amount, defendants, the present overseers, distrained on his premises. The
action was brought to recover damages for injuries sustained by unnecessary
and unjustifiable violence in the execution of this process. It was
admitted by defendants, that they had mistakenly exceeded their powers, and
the question for the jury, therefore, was merely as to the amount of
damages. WILLIAM FURSE, examined by Mr. Merivale, stated he was constable
of Ruan Lanyhorne, the parish adjoining Veryan. On the 9th of May last,
witness was sent there with the defendant Pomeroy, and went with him, and
ten or twelve other men. Middlecoat, the other defendant, was at the
farm. Witness was sent to require the peace if any disturbance should take
place. After some time, the party went to the field, and took account of
the stock, to the value of GBP 250 or GBP 300. They then went to the town
place, and took account of the implements of husbandry. Pomeroy went into
the wain house, and took out two iron crow-bars, one of which he gave to a
young man called DORRINGTON. Pomeroy requested witness to go out and break
open the barn door, which witness refused to do, and advised Pomeroy not to
do so. Witness afterwards saw the barn-door broken open, and Pomeroy and
Middlecoat inside, taking account of the things there. They then went to
the dwelling-house, and proceeded to break open the door and when they had
done so, they called to witness to enter the house. Witness went in, and
saw there Mr. Julyans wife, and Mrs. Allen. The party, Pomeroy,
Middlecoat, and Libby, went into the kitchen, and took account of things
there; and afterwards went up stairs, where witness did not follow them.
Witness stayed there till about eight oclock in the evening when people
were left in charge of the cattle.
CROSS-EXAMINED: Had been friendly with Mr. Allen. While on the premises on
the day in question, heard Mr. Julyan lay claim to the goods on the farm.
Also heard Mr. Treffry demand rent for Mr. Devonshire, to the amount of GBP
60. Mr. Libby, vestry clerk, took down the articles and stock. The party
entered the dwelling-house at the back kitchen door. Had heard of Julyans
intending to resist the distress. Could not say how many cattle were on the
farm.
RE-EXAMINED: Had been on good terms with Pomeroy for 25 years. Julyan was
present when the barn door was broken open. Treffry did not make his claim
till after both doors were broken open. Some of the men, who went with
defendants and witness, went into the dwelling-house.
T. DUNGEY, lime-burner, was present on the premises, in order to take care
of his cart, which was there. He corroborated the evidence of the last
witness as to the breaking and opening of the doors. Mr. Smith addressed
the jury for the defence, in mitigation of damages. Verdict for Plaintiff,
46s. damages.
TEAGUE v DUNSTAN AND OTHERS. Mr. Crowder and Mr. Butt for plaintiff; and
Mr. Cockburn and Mr. Smith for defendants. The plaintiff, ALEXANDER TEAGUE,
was a wholesale miller and grocer, of Penryn; the defendants, Mr. DUNSTAN,
Mr. PAUL WILLIAMS, and MR. CORFIELD, being the Mayor and Borough Magistrates
of Penryn, at the time when the cause of s.. accrued. The action was
brought to recover damages from an illegal distraint, ordered by the
defendants as magistrates. The defendants paid GBP 5 into court, alleging
that beyond that, the plaintiff had received no damage.
JOHN FURNEAUX, shopman in the service of the plaintiff, stated that the
defendant, Dunstan, was mayor of Penryn last year, and carried on business
as a miller, grocer, and corn-merchant. Mr. Corfield was an auctioneer and
a coal-merchant, and one of the magistrates. Mr. Paul Williams was also a
merchant. On the 23rd of March last, a constable came to plaintiffs
warehouse, and took two firkins of best Cork butter, 140 lbs. in weight, at
1s. per lb.
TOBIAS HARRY TILLY, attorney, in May last, was employed by plaintiff to go
before the magistrates on his behalf, on a charge made against him by
SAMPSONM WATERS, a workman. Witness appeared before the magistrates on the
11th of May. Sampson Waters made his complain, which was about wages, when
witness immediately objected that the magistrates had no jurisdiction. Mr.
Harvey was the attorney on the other side. The magistrates decided they had
no jurisdiction, and made their order accordingly. Witness called on Mr.
Williams, attorney for the defendants and also clerk to the magistrates, and
proposed to leave the matter to the Clerk of the Peace, or the Attorney
General, etc. telling him that plaintiff would not comply with the order.
Mr. Williams refused to agree with this proposition. [After the butter was
taken, witness again proposed to avoid the action. Mr. Williams stated that
it might be laid before the judges under the statute. Witness said he was
ready to agree to that. He thought the matter was resolved. About the 24th
of February, witness met the defendant Corfield, who said he was very glad
the business had been settled. Witness said of course you understand you
are to pay Teagues costs. Mr. Corfield replied Oh, certainly; we
understand we are to keep Teague harmless, and we think he has acted very
fairly. Witness saw defendants attorney on the 26th of February, and
under the belief that the affair had been settled, said he would prepare his
bill of costs, saying of course, you will pay the whole of our bill from
the issuing of the summons. Mr. Williams replied no, we dont mean to pay
anything but taxed costs. The action was then brought. Mr. Cockburn
addressed the jury for the defence, and called the following witnesses:
THOMAS NINNIS, constable of Penryn, was employed to make the distress. He
went to Teagues shop, and asked him what goods he should take. Witness
then took two firkins of butter weighing 139 lbs. net. Teague sent his
shopman, Furneaux, to the warehouse to let him have the butter.
WILLIAM HELLAND, warehouseman, had been used to the butter business for ten
years. On the 27th of May, examined some butter in two firkins, shewn him
by the last witness at the Guildhall. It had been first quality butter, and
might have been worth 8 d. a lb. about Christmas; in May, about 6d. or 6
1/2d. would be a fair price for it.
THOMAS CORFIELD, auctioneer, son of, and in partnership with, one of the
defendants, was employed by the constable, Ninnis, to sell the two firkins
of butter, which he did at the Guildhall, after giving due notice. It sold
for 6 1/2 d. besides 1d. in the shilling for duty and lot money. It was all
sold in one lot.
WILLIAM TREVENA, shopkeeper at Penryn, had been accustomed to the butter
business for eight or nine years. At the latter end of May, the best
description of fresh butter sold for 8d. or 8 1/2d. FRESH butter was, of
course, best at that time of year.
The Learned Judge summed up, directing the jury, if they found for the
plaintiff, to give damages for the goods taken, and for the annoyance
occasioned to plaintiff by the distraint, but not to give compensation for
any costs incurred before that proceeding. Verdict for Plaintiff, Damages
GBP 30.
RICHARDS v RICHARDS. [Mr. JOHN RICHARDS, of Poltair, near Penzance; the
defendant, MR. ROBERT RICHARDS, of that town. The action was brought for a
slanderous imputation that the plaintiff had committed a gross outrage on a
girl named RUNNALLS, and the damages were laid at GBP 2,000. It was
admitted that the imputation was false, and the question submitted to the
jury was as to the malicious motive of the defendant. The details of the
evidence are unfit for publication.
JOHN BADCOCK PENTREATH, lives at Penzance, and was concerned in a brewery
there with plaintiff. There was a young man employed in the brewery called
GEORGE LAKE. In consequence of some reports he heard affecting himself,
witness sought an interview with defendant at his house on the 12th of
January. Witness did that entirely of his own accord, and had not seen
plaintiff for some time before. Defendant was no relation of plaintiffs;
and was a retired gentleman, living on his property. When witness entered
defendants room, he asked permission to have a few words with him, which
was given. Defendant asked him to take a seat, which he refused to do.
Witness then said I find, Mr. Richards, you have been circulating a report
respecting Mr. John Richards and Mr. George Lake, with which you have
connected my name; and I have sought this, the first opportunity, to ask you
whether you did so and what authority you had for so doing. Defendants
reply was I did mention it, certainly, but, with regard to yourself, no one
in the world would believe that you, as a young married man, could have been
guilty of the act; but as for Richards and George Luke, it was shameful in
the extreme. Richardss conduct lately has been bad enough, by being seen
about the streets drunk and disorderly frequently in the night, but this is
the worst of all. Witness then related the words of defendant, in which
the slanderous imputations was conveyed; but which decency will not allow us
even to allude to. Defendant added, the fellow ought to be hanged; they
deserve the worst possible punishment that can be inflicted on them. If it
had been my case, no money on earth should make it up. After referring to
plaintiffs conduct, defendant said, Richards will never be received into
society as he has been before. He might have married into any of the
families in the neighbourhood, if he had conducted himself properly, but
now, I am sure, he will not be received again. Upon that, witness said,
Mr. Richards, I know the thing to be a foul, calumnious lie, no doubt
originated by some person who envies Richardss prosperity in life, and
wants to injure his character. Defendant turned round and said,oh, I know
it to be true; I know that the girl Runnalls went to Mr. BATTEN (the mayor)
and lodged her complaint. Witness then said, Mr. Richards, I shall now
demand your authority; you know the thing to be a lie, and if you know what
is due in society, you will give it up. Defendant said pooh, pooh,
humbug, nonsense, it is in everybodys mouth, every body knows it; it is
impossible to trace it out. Defendant added that he had not been out of
his house for six weeks, but he had heard twenty persons speak of it in his
room. Defendant again asked witness to sit down; witness said no; whatever
conversation has taken place between us, I shall mention to Mr. Richards,
and he may do just as he pleases. Witness said I have traced the matter
to you; it is commonly circulated; and it is a duty you owe to society, to
try to find out the originator. Witness pressed him repeatedly to give up
his authority, but he refused to do so. He said, Mr. Richards would never
be able to vindicate his character unless the subject was sifted to the
bottom.
CROSS-EXAMINED: Should think the defendant was more than 70 years old. He
told witness he was much afflicted with gout. Witness had seen him out
about a week or fortnight before that conversation. Defendant was mayor of
Penzance about 10 or 12 years ago. He lived in Penzance with his maiden
sister, and no other family; and carried on no business. Plaintiff was
about 33 years old, and had been a widower about 3 years. Witness was about
31, and was partner with plaintiff in the brewery. Plaintiff had mixed in
the best society at Penzance, and was a very good tempered man. In
conversation with defendant, witness told him that the rumour had been
traced to three public houses, and directly to him. It was true that
witness had traced it to three public houses, about three days before the
interview. Witness could trace it to no individual but defendant as having
stated that it was true. Defendant stated that he had heard the report
differently. Witness asked defendant if he knew the girl had been before
the magistrate. Defendant replied that he certainly did know it, and he
knew the girls sister, mentioning the name of Runnalls. It was two days
after this that witness took steps in consequence of the conversation with
defendant. Witness went to his other partner, MR. PIDWELL, and to the
attorney.
JOHN RATTEN, mayor of Penzance, stated that no complaint had ever been made
to him by a girl named Runnalls, or by any other girl, in connection with
Mr. John Richards.
MR. GREENWOOD then addressed the jury for the defence, chiefly consisting
that there was no proof of malice in the conduct of the defendant; and that
the defendant had a lawful excuse for relating the report to the witness
Pentreath, whom the Learned Counsel accused of having unfairly taken
advantage of the confidence with which the defendant had treated him. The
Learned Judge, in summing up, spoke of certain lawful occasions in which a
person may utter language which the laws deem defamatory; but ruled
decidedly, that the defendant had no such lawful occasion according to the
evidence, and therefore the words must be taken as malicious. The Learned
Judge also defended the witness Pentreath against the insinuation that he
had entrapped the defendant; pointing out the consistently hostile manner
with which the witness had conducted himself at the interview. His Lordship
also dwelt on the defendants addition of circumstances to the original
rumour, in order to give it credence. Verdict for Plaintiff. Damages, GBP
100.