Re. WILLIAM MILDREN, innkeeper, of Relubbus, Cornwall. First examination passed
without opposition.
JAMES STEVENS, a farmer, opposed by Mr. STOGDON, for Messrs. Coode, Sons, and
Shilson, attornies, of St. Austell. The insolvent, it appeared, had rented an estate of MR.
WILLYAMS, of Carnanton, which he left on account of the great destruction to his
crops by the rabbits, &c. He took the hay, straw, and corn off the estate. His landlord
brought an action against him; he employed Messrs. Coode and Shilson to defend it, and
beyond paying them eight pounds odd for counsel's fees, he did not give them a single
copper - for which he was now opposed. The insolvent appeared to be a simple man,
with a tolerably direct and straightforward manner. He said he occupied an estate of Mr.
Willyams's, near St. Austell, during five years. He had neither lease, nor agreement for a
lease. The rabbits were very destructive, and a large plantation adjoined the estate. He
got JAMES PARKYN, a smith and farmer, in the parish, to estimate his loss by rabbits,
and he returned it as follows: In 1839, GBP 20; they destroyed three acres of oats
entirely that year, besides other damage. In 1840, Parkyn estimated the damage at GBP
30; in 1841, GBP 80; in 1842, GBP 35; in 1843, GBP 100.
His Honour, who enters into all agricultural details with great gusto, called for an account
of the details of their destructiveness in 1843
Insolvent - They destroyed fourteen acres of wheat.
His Honour - Did you mean to say that they destroyed it all? - Yes, they destroyed it all.
What, the young wheat? - Yes.
Then why did you not plow it up, and put a fresh crop upon the same land? - I did break
up nearly the whole of it, and put in barley and oats. I lost the wheat crop, and they
destroyed nearly all the barley. I got nearly three bushels of barley an acre, and no
more. I mean to state unhesitatingly, that I lost GBP 100 in 1843, by the rabbits, and I
firmly believe it was more.
In reply to Mr. STOGDEN, he said that he valued the whole produce of his farm at GBP
240 yearly (his rent being GBP 87); he had half an acre of orchard, sometimes two or
three rows; he did not fatten any cattle very often, for he never could get any pasture. He
spoke to Mr. Willyams about making some allowance for the damage done by the rabbits
last April twelve months, having repeatedly spoken to him before, and he said he would
endeavour to keep them down. In the winter part of the year they came to kill them, but
the rabbits were so numerous that they increased daily, and there were thirty acres or
more of plantation adjoining. He could not say whether his successor in the estate had
received any allowance for the rabbits,
By His Honour - The field in which the wheat was destroyed is taken in hand by the
landlord.
Having quitted, he took an estate of a gentleman, named LANGDON, to whom he gave
a bill of sale for certain stock on entering on his farm. On leaving his old farm he took the
corn, hay, and straw with him, and his landlord brought an action against him, on the
ground that he ought to have left it to be consumed on the farm - there being rabbits
enough to eat it, and twice as much more. He was advised by Messrs. Coode and Shilson
to defend this action, they having great faith in his chance. But as his Honour observed -
such is the glorious uncertainty of the law, that a Cornish jury decided the question
against the farmer, whilst a Devonshire jury, last week, decided the same question against
the landlord. After the action, he proceeded to sell off all his stock, in order to meet the
bill of sale, and pay his attorney's bill with the balance. Mr. LANGDON came in,
however, not having sufficient faith in the amount that would be realized by what the
rabbits had left - he took under his bill of sale, and the result was that there was nothing
left at all for the lawyers. His petition was granted.
CORNWALL LENT ASSIZES
(concluded from our last)
Thursday, March 27
The Court was opened this morning at nine o'clock.
RICHARD PERRY, 21, pleaded not guilty to a charge of breaking open the work shop
of WILLIAM TIPPETT, at Newlyn, and feloniously stealing therefrom a coat, between
the 27th and 30th of December last. The prosecutor, it appeared, is a blacksmith, and has a
workshop by the roadside at Newlyn. On Sunday, the 29th of December last, he was in
the shop, and on leaving it locked it up. Previously he had left a blue coat in the place,
which he last noticed on the 27th. On coming to the shop on Monday morning, he found
it had been broken into, and that the coat was gone. The next time that he saw the coat
was at Redruth on the 7th of January. About the 2nd or 3rd of January, the prisoner sold a
blue coat to a clothes dealer at Redruth, which was afterwards claimed by ROBERT
LILY, constable at Redruth, and given up to him. The prisoner was apprehended, and
was left for some time under the charge of a man named DAVIS, who was acquainted
with him, and to whom he made some admissions respecting the selling of the coat. The
article was produced and identified by Tippett. In a short charge to the jury, his lordship
observed that, since thee was no evidence of the prisoner having stolen the coat, it would
be their part to satisfy themselves whether his having possession of it and having sold it,
implied his commission of the theft. The jury returned a Verdict of Guilty, and the Court
passed sentence of Six Months' Imprisonment. Mr. HOLDSWORTH conducted the
prosecution; the prisoner was undefended.
WILLIAM DAVEY, 34, was charged with killing and slaying JOHN WEBBER, in the
parish of St. Germans, on the 6th of March instant. He pleaded not guilty. It appeared
that on the day in question a party consisting of the deceased, the prisoner, JOHN
DAVEY, ROBERT CHISWELL, JAMES CHISWELL, JOSEPH CLOEN, and another
named CARPENTER, had been all drinking together in the market-house of St.
Germans. Webber was rather the worse for liquor, and seemed much inclined to fight,
and while at the house, challenged R. Chiswell to fight, and went out and had a scuffle
with him. The party then entered the house again, and had another round of drink, after
which they all left together and proceeded along the road leading to [Hessenford?]. They
went about a quarter of a mile, when Webber threw off his clothes, and again challenged
Chiswell to fight, and went up and struck him. Chiswell said he would have nothing
more to do with him. They then walked on again, until something passed between
Webber and the prisoner, when Webber was heard to say he would fight him either then
or any time he liked. Davey said he wanted to have nothing to do with him, but
deceased kept shoving him along, and at last, determined to have a fight, threw off his
clothes, and said he would fight any man in the company. He then drew up to prisoner,
who hesitated at first, but afterwards threw off his clothes, and they both set to. Davey
knocked deceased backwards against the hedge twice; the last time the hedge heaved
him up and he fell forward with his face on the road. A man named BASTOW, who had
met them in the road, and witnessed the fight, then lifted up the deceased, but in the
action he slipped from his arms, and fell back "like a dead man," the back of his head
striking against a stone shelf in the hedge so heavily as to make an audible sound. They
lifted him up again, and put on his clothes, thinking all the time that he was only
shamming. A man came up shortly after with a mule, and at their entreaty laid Webber
on its back, and carried him a part of the way. They then took him off and carried him in
their arms to JOHN CLARK's. From the time that he fell with his face to the ground, he
never moved or spoke. MR. KERSWILL, surgeon, of St. Germans, was sent for, and on
coming about two hours afterwards, found that Webber was dead. He examined the
body on Friday, two days afterwards, and found that he had sustained three blows on the
head - one on the top, another behind, and another on the left side. That on the top part
of the head was the severest, and had ruptured the blood vessels, which must have
caused immediate death. After the surgeon had given his evidence, the counsel for the
prosecution consulted with his lordship, when his lordship turned and said to the jury that
as the surgeon was of opinion that death ensued from the blows on the head, and as there
was no evidence to show that any one had given the deceased these blows, it was
probable that he had received them in his fall, and consequently if they thought that the
prisoner was not guilty of causing Webber's death they would now return a verdict to
that effect. A verdict of Not Guilty was immediately returned. The prisoner was also
charged with the same crime on the evidence of the coroner's inquest, but the charge not
being sustained, a verdict of Not Guilty was returned.
GILBERT WHITE, 22, was accused of having broken into a mill house at St. Columb
Major, occupied by JOHN HOUGHTON, on Saturday, the 1st of March last, and stolen
therefrom a quantity of flour. Pleaded not guilty. Mr. Rogers stated the case for the
prosecution, and then called WALTER HOUGHTON, who deposed as follows: Was at
his son's mill on the evening of the 1st of March, and on leaving it locked the mill, stable,
and barn doors, and took the keys away in his pocket. In the stable left a yellow poney
with black legs and tail, and in the mill three bags, two of which contained a bushel of
flour, each weighing 140 lbs, and the other a peck weighing 35 lbs. On returning next
morning before eight o'clock, found the barn and stable doors had been broken open.
The poney and one of the bags .. the mill were missing. One of the 140 lb. bags was left,
and also the peck bag, the contents of which, however, had been increased by 29lbs,
making in toto 35 lbs, so that the bag taken away must have contained 120lbs.
JOHN HOUGHTON, son of last witness, and occupant of the mill, went with his father
on the morning of the 2nd of March, in search of the poney on the turnpike road leading to
Wadebridge. Prisoner's house is about five miles from the mill, about a quarter of a mile
down a bye land from the Wadebridge turnpike. Found the poney on No-man's land,
about two miles from the prisoner's house. Went next day to prisoner's house with the
constable, who went up stairs and searched whilst witness stood at the door.
John BURROW, constable, went with the last witness to prisoner's house on the 3rd of
March, and told him what he had come in search of. Prisoner replied he might search, but
there was nothing there, and as for Saturday he had not been outside his own door after
three o'clock in the afternoon. Prisoner's wife accompanied witness up stairs. She said
they had a half bushel of flour which her husband had brought home on Friday night;
prisoner corrected her, saying it was not Friday but Wednesday night. Found a chest full
of flour pressed firmly down, in a bed-room upstairs. When taken out, prisoner said he
had bought 70 lbs. of flour at Saltwater mill, from a man whose Christian name was
Thomas, and had given for it at the rate of 17s. per bushel. Witness further found four
loaves of bread, apparently newly baked, and each of which weighed 31 lbs. Next
morning he compared the print of the toe-piece of a shoe in the corner of a window cob,
in the mill, with a shoe belonging to prisoner; there was nothing remarkable about the
shoe, but it corresponded exactly with the print.
A witness spoke to having seen the poney on Sunday morning in the bye-lane leading to
prisoner's house. The miller's man at Saltwater mill, whose Christian name is Thomas,
said that neither on Wednesday, the 26th of February, nor the following Friday, did he
sell any flour to prisoner; nor had he seen him till called before the committing magistrate.
His master's name is also Thomas. A witness was then brought forward to prove that he
had seen prisoner at his father's house on Saturday evening between eight and nine and
that he afterwards left it; and another witness proved that on that Saturday night he was
traveling on the road between St. Columb and Rosevanion, and overtook a man dressed
in a fustian jacket and low-crowned hat, (like prisoner's) who asked what o'clock it was,
to which witness replied it was ten. They walked past the mill together and then
separated, the man oing on to the Wadebridge turnpike road. Samples of flour from
prosecutor's mill, Saltwater mill, and that found in the prisoner's house, were produced
for the inspection of the jury; and the constable being re-called, stated that the prisoner's
hat was a low-crowned pleated one, and that there was no appearance of flour upon his
clothes, or in the house, except in the [loft]. His Lordship, in summing up, said that the
evidence of the two witnesses who spoke to having seen the prisoner at his father's
house, and meeting a man like him on the road, was very immaterial, and directed the
attention of the jury to the correspondence between the quantity of flour lost and that
found (including the weight of the loaves) in the prisoner's house, to his mis-statement as
to where he had purchased the flour found, and to the correspondence between the shoe
and the print on the window cob, and other points in the evidence. The jury returned a
verdict of Guilty, and the Court, after admonishing the prisoner, sentenced him to Nine
Months' Imprisonment.
LENT ASSIZES
THOMAS GREGORY, 21, was charged with having maliciously and feloniously cut and
stabbed WILLIAM HOLLOWAY, at St. Austell, on the evening of the 25th of
September last. The indictment was laid in the usual counts of intent to disable, maim, or
do the prosecutor some grievous bodily harm, &c. The prisoner pleaded not guilty.
Mr. BULLER conduced the prosecution, Mr. SLADE the defence.
WILLIAM HOLLOWAY called: On the 25th of September last, I was with prisoner in
Mrs. SAUNDERS's beershop, at St. Austell. In consequence of some insulting remark
from the prisoner I struck him. Cannot repeat that remark. After being parted from
prisoner, and when I was not striking him, some one cried out, "he is drawing his knife."
Saw the knife in his hand, and before I could escape, he made a plunge with it at me, and
stabbed me on the right arm above the wrist and on the shoulder. I think this was in the
kitchen, but am not positive. I then ran into the back-room, and before I could get out he
was on me again. I turned round and endeavoured to keep him off with my feet, and in
doing so, received a stab in my leg. Just then some one opened the back-door, and let me
escape through the passage. I then ran down to a house in the valley below the town, and
from thence went to Dr. Robinson.
Cross-examined: Will swear that to my recollection I did not kick him foul in the kitchen.
Cannot recollect whether I ad or had not a man by the hair of the head, and knocked him
against the settle, and that he was screaming for assistance. Don't recollect whether he
was down on either the floor or settle when I struck him. Cannot recollect whether I had
him down at all. He might have called for the poker to defend himself, but I cannot
recollect. Cannot say how long I had ceased striking him when he opened his knife.
Witness was then asked if he was married, and after considerable hesitation, and asking
whether he was obliged to reply, said he was not, but admitted that he was living with a
woman.
WILLIAM SKADDOM; Saw prisoner and Holloway in the beer shop on the 25th of
September last. Prisoner said something to Holloway about him and his wife, when
Holloway got up and seized him, and when he had him down gave him several blows
against the settle. Gregory called out, "give me the poker! Give me the poker!" the
mistress's son caught up the poker, and I the shovel; he threw the poker under the settle,
and I threw the shovel under the table. Holloway coming to hit the prisoner again, he
said "you have got a knife in your hand," and ran into the back room. Gregory following
him in the dark. The mistress took the candle, and cried out, "Oh dear! That man has
murdered another; I see blood running." When prisoner attempted to strike Holloway,
Holloway was not striking him. I knew JOSIAH SAUNDERS, who is now dead.
Cross-examined: Holloway gave prisoner a very hard blow. He hit him with his fist on
the head, knocking it against the settle. There was no light in the room Holloway ran
into.
C. B. G. SAWLE, Esq., the committing magistrate, then proved the deposition of
the deceased, JOSIAH SAUNDERS, which spoke to the occurrence as follows: On the
evening of the 27th of September, about seven o'clock, GREGORY and HOLLOWAY
came in and sat down comfortably together over some beer. The dispute arose about
Holloway coming to the same lodgings as Gregory. In a minute afterwards I saw
Holloway strike Gregory several times. When Holloway stopped striking, Gregory
opened his knife and ran after him into the back room. I tried to seize Gregory's arm, and
when I did this Holloway rushed on him and got out, and Gregory ran after him. I saw
him strike Holloway a great many times, and the blood flowed over my arm. They were
not drunk.
The lodging-house keeper with whom the prisoner stayed then stated that on the night of
the 25th of September last, he got the knife from the prisoner, who said "that's the knife,"
and that he gave it to the constable. On cross-examination, this witness said that Gregory
appeared much distressed, and expressed great anxiety about Holloway. He had lodged
in witness's house nearly six months, and was quiet, inoffensive, and peaceable.
Joseph HICKS: I met the prisoner running on the night of the 25th of September last,
with a knife in his hand. A woman came up and said, "for God's sake come up,
Holloway is dying." Prisoner then said he would go down and murder him. I stopped
him and tried to persuade him to go home. He said he would run that knife into his body,
and after that went away. It appeared that this witness had not stated in his deposition
before the magistrate, that Gregory said he would go down and murder Holloway, and
on cross-examination, he gave as his reason for then omitting it that he did not want to
punish the man. Mr. SLADE further elicited from him the fact that he had once been
convicted and imprisoned for theft.
The constable who apprehended prisoner produced the knife, which was a large pocket
one, and stated that Gregory appeared to be in great trouble about the matter.
Mr. ROBINSON, surgeon, stated that Holloway came to him on the evening of the 25th
of September, and that he had a wound on the right arm near the wrist two and a half
inches long and half inch deep; he had another on the left arm two inches long, and two
stabs on the left knee. The wound on the right arm would have proved dangerous had
not the artery, which was cut, been secured.
Mr. Slade then addressed the jury, and attempted to show that the prisoner had used the
knife in self-defence. The wounds seemed to have been made in the dark in the back
room; no one could tell what passed there except Holloway, and he might have been
wounded by striking against the knife whilst in the act of striking and kicking the
prisoner.
His Lordship, in summing up, offered some remarks to the jury to direct them in deciding
whether the prisoner inflicted the wounds in self-defense or for revenge. The law, he
said, does not admit of mutual conflict; it is only who one's life is actually in danger and
cannot be defended by other means, that weapons can lawfully be resorted to, and in
such circumstances a man is justified in defending himself by any means in his power.
But in this case it was remarkable that although Holloway had done enough to excite a
strong feeling of passion in the mind of the prisoner, nothing had been said as to whether
he had received any violent injury at the time from the hands of Holloway. It was said
that he cried for the poker for self-defence, but the conduct of those in the room would
go to prove that he was bent rather on doing mischief with it, for they threw the shovel
and fire-irons from within his reach. With respect to the intents charged he could not say
that there was a design to maim or to disable; but if a man drew a knife and stabbed
another as many as four times, what was the necessary inference, but that it was done to
do him some grievous bodily injury? The jury returned a verdict of Guilty of Assault,
and sentence of Six Months' Hard Labour was then pronounced.
FRANCIS OLIVER, 20, committed for killing and slaying MARTIN ROWE TONKIN,
in the parish of Sancreed. The grand jury having ignored the bill, the jury was directed to
Acquit the prisoner, which they did accordingly.
JOSEPH HENDY, and JOHN KEVERNE, were charged, the former with having, on the
third of December last, at Cury, maliciously attempted to discharge a loaded gun at
RICHARD CHAPPLE, and the latter with having aided and abetted the said offence.
Pleaded not guilty. Mr. MERIVALE for the prosecution, and MR. SLADE for the
defence. Mr. Merivale stated the case.
[The prosecutor was a constable and bailiff, in discharging the duties of which offices
parties are sometimes exposed to violent attempts at resistance. In December last, he had
an execution to service in Helston, on JOSEPH HENDY, a yeoman. Keverne was his
servant. Chapple went with two assistants, to Chymber, the prisoner's farm, and
proceeded to take some cattle.] Hendy arrived and asked what they were doing; they
showed him the execution, at which time he used violent language and struck one of the
party. He then drove off part of the cattle; the bailiffs put up the remainder in another
field, but Hendy came up and drove them away. The bailiffs followed and recovered the
cattle, and drove them back toward Helston. One of the party was sent back to Hendy's
house to serve a notice, and on passing a small dealer's shop, in the neighbourhood, he
there found the prisoners buying shot, and heard Hendy swear he would kill or shoot
Chapple. They afterwards came up to the party on horseback. Hendy threatened to
shoot, and Keverne called out "fire, fire." Hendy pointed the gun first at one, then
another, and lastly at Chapple, who got up to him on one side and seized hold of the
barrel, another rode up to him on the other side, and between the pair he was pulled from
his horse. Meantime he kept pointing the gun at Chapple, and at last pulled the trigger;
but Chapple holding down the barrel, the charge went into the ground. Keverne had
disappeared in the tumult.
R. CHAPPLE called: Is a bailiff in the court of the Vice-Warden of the Stannaries, from
which court, on the 3rd of December last, he had a writ against Hendy. Went with some
others as assistants, to Chymber, and took a mare and cow. When they got to the gate
they met Hendy, who asked what business he had there. Read to him the writ. He then
ordered Keverne to go for some guns, and came on towards witness saying, "I'm d----d if
I don't kill you." and struck him a blow over the arm with a stick. He drove the mare and
cow away. Had seized three other cows under another warrant, and put them into
another field. Prisoner then came up and drove these away also. Followed after them
and found them at Mullion; no one was there, and witness and his party took them and
drove them back in the direction of Helston. When they got to Cury cross-lane, one of
the party, GEORGE LANDERYOU, was sent to serve a notice on Hendy. On passing
Polwin gate, Hendy came up on horseback, with Keverne seated behind him, carrying a
gun. At about thirty yards distance, Keverne got off, and Hendy came up pointing the
gun at witness. Heard Keverne cry twice, "fire the gun," and warned him that he knew
him well. Hendy said "I'll shoot you," and witness attempted to remonstrate with him.
He pointed the gun sometimes at witness, and sometimes at AUGUSTUS PASCOE.
Witness got near to him, and then he passed the gun to the other side. Seized the gun
with the right hand, and struck Hendy with a stick in the other. He [prisoner] laid hold of
A. Pascoe with one hand, and with the other raised the gun towards witness. Had hold
of it with both hands; it went off, and witness pulled it from him, and struck him with it.
He was now off the horse. Never saw Keverne again after having cautioned him.
Cross-examined - Dare say he struck Hendy pretty hard. Held the gun by the barrel, and
struck him with the butt end, but broke it over the horse. Charged him not to come near
him. Struck him tow or three different times after the gun was broken, but will not swear
that he hit him at all when he was on the ground. The execution was for GBP4.3s.6d; do
not know whether the Cow was worth more than that, and cannot speak as to the value
of the horses. The other warrant was for tithes, for which he had made a distress on some
turnips the previous Saturday, but which Hendy would not allow him to sell. When he
bade Keverne go for the guns, Augustus Pascoe told him he had a pistol. Presented the
pistol at him, but there was no powder in it.
Augustus Pascoe: Is one of the party who went with Chapple, and had a pistol, but it
was not loaded. After they had recovered the cattle, the prisoners came up. Chapple told
Keverne that he knew him well, and one minute afterward Keverne cried out "fire." He
might have said "don't fire," but witness did not hear the word "don't." In a short time
Hendy came up and presented the gun at both prosecutor and witness, and told them if
they did not get out of the road, he would blow their brains out. As soon as witness got
up, Chapple got to the other side and seized hold of the gun; it was at first pointed at
witness, but Hendy then pointed it at Chapple. They struggled together; Hendy held the
gun by the stock, his hand being near the lock; it went off in the struggle.
Cross-examined; After Keverne cried out he went away. Did not see Chapple strike
Hendy before he got off his horse. Did not know the stock was broken till after the
struggle was over. Witness pulled Hendy off the horse and held him down on the
ground, and Chapple then struck him once or twice with the barrel. On going off kept
marching with the pistol pointed at him a great part of the way. Took the fragments of
the gun away.
Re-examined: When Hendy was down, Chapple might or might not have struck him.
JAMES PASCOE: was one of Chapple's party. Heard Keverne tell Hendy to fire two or
three times. The gun went off in the scuffle. Hendy's left hand was on the bridle, and
his right on the stock, right behind the cock. Was about twenty yards distant when the
gun went off. Cross-examined: was in front of the party minding a bullock. Heard the
gun go off, but did not see it, and did not know where Hendy's hand was at the time.
Keverne went away after saying "fire, fire."
WILLIAM LANYON was then called, but nothing additional was elicited from him.
GEORGE LANDERYOU: went to Mullion for the cattle, and drove them back towards
Helston. Left the party at Cury cross-lane to go and serve a notice on Hendy. At Cury
church-town, saw the two prisoners in a shop, and served the papers on Hendy there.
Heard him order some shot, and saw him put it into the gun, with a piece of paper for
wadding. He swore he would kill either Chapple or Augustus Pascoe.
It appeared, on cross-examination, that this witness was in jail seven years ago, for theft,
or as he expressed it, for "borrowing something."
A witness was then brought forward to speak to the character of the prisoners, and stated
that he had known Hendy nearly twenty years, and never had heard of his making an
attack upon anybody; and he had known Keverne about twelve months, and he was a
very quiet person.
His Lordship, in summing up, said the main question was, did Hendy attempt to
discharge the gun at Chapple with intent to maim, disable, or do him some grievous
bodily harm? He came up with the gun - there was a struggle about it, and it went off,
but it went off at a time when Hendy must have known the charge could not hit Chapple,
for Chapple was standing close by, holding the gun pointed downwards, without any
possibility of being touched by it; therefore, when Hendy pulled the trigger, if he did so,
he could not have attempted to shoot him. His Lordship's notion was, that the firing at
that particular moment was rather an accident than anything else. The question therefore
would be whether previously, and up to that point, he was attempting to discharge the
gun for the purpose of injuring Chapple. If the jury found that he did not attempt to
shoot, then he could not be aided or abetted in the same, and the charge against Keverne
would therefore fall to the ground. His Lordship made some strictures on the wantonness
of Chapple in levying a horse and cow for GBP4 or GBP5, but added that the law would
not allow of violence, and if the things seized were beyond the proper value, then the
person distrained on was the injured party, and had a legal remedy within his power. The
jury returned a verdict of Not Guilty in favour of both prisoners. In discharging them his
Lordship said they were exceedingly beholden to the jury for the verdict they had
returned, for had the charge been made out, they would have been liable to
transportation. He thought it right to say that all might understand it, that persons found
guilty of resisting in this way officers of the law, whilst in the discharge of their duty,
were liable to a severe sentence of transportation.
LENT ASSIZES
WILLIAM ELLIS was charged with having, on the 21st of February last, at Wendron,
shot at WILLIAM GAY, with intent to kill and murder him. Pleaded not guilty. Mr.
Merrivale for the prosecution, and Mr. Rawlinson for the defence.
WM. GAY: am a blacksmith at Helston, and live about a mile and a half from it. A little
before six on the morning of the 21st of February last, went to go to work. On passing by
a stile on the road, saw a man come over it. Having gone a few paces further on, received
a blow on my nose from someone behind. I reeled with the blow, and the man said he
would murder me. Cannot swear to the voice, but a thought struck me at the time that I
knew it. His face was blackened. Did not know the man till after I was on the ground.
He threw me on my back, and he fell upon me face to face, and gave me a severe blow. I
then noticed his face - I noticed his nose, and that his whiskers came under his chin, and
that his eye was marked. I then saw him reaching towards a basket, when a dog came up
and took him by the leg of the trowsers. He then took up a pistol and presented it at my
breast, holding me by the collar. I lifted up the barrel with my left hand, and it went off,
the shot passing through my hat. I heard the noise of a cart at some distance, and he got
up, and went over the stile again. The prisoner is the man. I went onwards towards
Helston, and met a man, but what I said to him I do not know. The prisoner was
apprehended, but was discharged. On the 4th of March, the prisoner came up to me, and
asked if I would forgive him or not. I told him I would not, for I was afraid he would do
it again. He told me he would never lift anything against me anymore, and that I should
not want for twelve months to come. He is a relation; I married his aunt. Last harvest, I
put a horse belonging to him in the pound.
Cross-examined: The prisoner has a farm close by me. Don't know that he and his
brother or others objected to my marrying his aunt. When the assault occurred it was
moonlight and break of day. The spot was about four minute's walk from my house. I
had no idea who he was when he came over the stile. When I noticed his face, I did not
speak to him by name. Witness here said the dog belonged to a neighbour, but hesitated
to say whether the animal did not know the prisoner as well as himself. Cannot say
whether the dog bit him or not, but he screeched once. I hollered "murder," three or four
times. Will swear I stated this before the Helston magistrates. (The deposition was
produced, but this fact was not mentioned in it.) I did cry "murder." Directly the man
went over the stile I ran away much frightened. My nose ad some blood on it, and there
was a swelled part on the top of my head. I know the first man I met, but cannot tell his
name, though he went before the justices with me, and I have been with him the last two
or three days. A man overtook me on the road before I got into the town; I knew him by
sight, but not by name. I don't know that I stated to him that I knew who knocked me
down. On getting to Helston, went first to my master's shop, and some hours after to the
justices. The day after, prisoner, and his brother and Harris came to my house. Prisoner
asked me why I condemned him for knocking me down. I did say I could not swear that
any man more than another did it, and that I did not know the man. Did not say that the
man, whoever he was, must have had some severe bites from the dog. Did not ask to see
prisoner's legs. He offered to show me them in consequence of something I said. I
examined them both, and then told him there was no mark of any bites. The question was
then put to witness - did you not then add, "you are not the man," and that you were not
free to swear to him? The first reply was "no," but he afterwards corrected himself, and
said, "I believe I did." He said that the prisoner was taken before the magistrates but
discharged, and that afterwards he came up and offered witness his hand but did not
speak.
Re-Examined: The evening after the event, Ellis and two others came to my house. I
told them three or four times over that I could blame Ellis for it. Ellis and Harris both
showed me their legs, and I told Ellis "you are the man," and as soon as I said that, all the
three rose up against me; it was then I denied I knew the man. The magistrates kept my
hat.
By the Court: I heard the man screeching when the dog seized him, and I expected to
find marks on his legs. I mentioned Ellis's name to several that morning.
JOSEPH HARRIS said that he met Gay on the Helston road. He was covered with dust,
and was trembling, and had a red mark on his nose. When he came to the spot where the
scuffle happened he saw the marks of a man's shoe on it.
Cross-Examined; Gay told witness that he had been fired at with a pistol, but that he did
not know the man.
WILLIAM BOLITHO said that he kept a pound, in which Gay put Ellis's horse about
nine months ago. He had know Ellis for five or six years, and could say he was a humane
and kind person. The constable produced a pair of trowsers belonging to the prisoner, but
there was nothing very peculiar about them, and also the prosecutor's hat. In the front of
the hat there were a number of small holes, but on examination it was found that there
was not a single hole corresponding in the .., and one of the jurymen remarked that had
the pistol been fired off so near the hat as was alleged, it would have blown it to pieces.
At this stage the court asked the jury whether they would require to hear Mr. Rawlinson
in defence of the prisoner, but they declined it, and immediately returned a verdict of
Not Guilty. The prisoner, on leaving the box, thanked the jury, and said he was not guilty
of the crime.
The court then adjourned till eight o'clock next morning.
FRIDAY MARCH 28 - (Before Mr. Justice Coleridge)
PETER GEACH, was charged with a rape on the person of SELINA HOOPER, at the
parish of St. Enoder. Mr. ROGERS conducted the prosecution, and Mr. SLADE the
defence. The prosecutrix was about fifteen years old, and on the 25th of September last,
being in service with MRS. BETENSON, at Trevorrick, in St. Enoder, got leave of her
mistress to go to Summercourt fair, where she was in the afternoon and evening with her
elder sister. In the evening, about seven o'clock, the prisoner, a perfect stranger, came up,
gave her nuts, and asked her to walk around the town with him. She did so, her sister
also walking with a young man named HILL. After a while, all four walked away
toward Trevorrick; the sister and Hill left the prosecutrix and prisoner about two fields
before they came to Trevorrick, and after this the event occurred on which the
prosecution was founded. The evidence was not of a nature to be made public; its result
was that the jury were satisfied there was not the slightest ground for laying the charge
against the prisoner, and they returned a verdict of Acquittal, without calling on the
prisoner for his defence.
JOHN VIVIAN, 26, was convicted of an assault on FANNY PAULL, aged eight years,
the daughter of his master and mistress, at Illogan. Guilty. Eighteen months' hard
labour.
CHARGE OF CHILD MURDER - ELIZABETH STEVENS, 22, was charged with the
willful murder of her female bastard child, at the parish of St. Erth. Mr. MERIVALE
conducted the prosecution; the prisoner was undefended.
JANE REYNOLDS, wife of WALTER REYNOLDS, farmer, at Tredrea, St. Erth,
stated that about seven o'clock in the morning of the 24th of December, she heard some
person moaning below stairs. She got up partly dressed, and went down to the kitchen,
where she saw prisoner lying, or leaning, across the table. She had then been in witness's
service about ten days. Witness asked her what was the matter; she said she was very
unwell, but did not say what her pain was. Witness told her to go up stairs until she felt
better; and she did so. Witness attended to her, in and out, until she (witness) went into
her mother's; on coming back in about ten minutes, she asked prisoner how she was. She
said she was better, and asked for change of linen, which witness gave her, and remained
in the same room while prisoner changed. While she was changing, witness observed a
mark of blood on the wall by the side of the bed, but did not say anything to prisoner
about it. The mark was rather larger than a person's two hands. Witness then went down
stairs, and after having told her mother what had happened, witness went up stairs to
prisoner's room, searched the bed, and found some marks of child-birth, but nothing else.
She then locked the door. Witness's mother afterwards searched the room in witness's
presence. Witness had previously heard talk of prisoner's being in the family way, and
had asked her if such was the case; but prisoner said "no."
JANE STEVENS, mother of the last witness, in the morning of the 24th of December,
went to her daughter's house, up into prisoner's room, and examined the prisoner's bed,
and found marks of child-birth; also saw the mark of blood on the wall. Witness came
down and charged prisoner with having had a child, which she denied. Witness said it
was so, and she would send for a doctor. She went into her own house, and sent for a
doctor. On returning to her daughter's house, she again charged prisoner with having had
a child, and told her the doctor was sent for. Prisoner then said "the child is not out of
the house." Witness asked her where it was, prisoner said, "behind the bed." Witness
then went up stairs, with a woman called JANE SANDOE, and searched the prisoner's
room, and in a box, in a cupboard over the head of the bed, found the body of an infant
wrapped in a petticoat. Never saw any baby clothes, nor could they ever find any.
JANE SANDOE corroborated the evidence of last witness.
GEORGE VAUDREY, surgeon, at Hayle, arrived at Mrs. Reynolds's about twelve
o'clock on the morning in question. First saw prisoner sitting in the kitchen near the fire.
He then went up stairs, and saw evidence of child birth in the bed; and lying on the
outside of the bed was the body of a female child, just cold, but relaxed; not so rigid as
he should suppose it would have been if born many hours. It had been born perhaps three
or four hours. There was a contusion on the right side of the face extending to the eyelid;
there was also a circular indented mark just above the right eye three-quarters of an inch
in diameter. The cord appeared ruptured. Witness next day made a post mortem
examination, and was led to the conclusion that it was a full grown child. He made an
incision through the contusion on the right side of the face, down to the skull, and
noticed a quantity of extravasated blood beneath the scalp, and on the skull, and in the
cellular membrane. The skull was fractured above, where the indentation was. On
examining the rest of the body, found all the organs healthy, the lungs completely filling
the cavity of the chest. On taking out the lungs, he placed them in water, and found that
they floated; from this and other circumstances, he came to the conclusion that the child
was born alive. The injuries of the head were, he should think, quite sufficient to cause
death, and must have been occasioned by some kind of violence. It was possible the
wounds of the skull may have been caused by a fall on the floor. He attributed the death
of the child to the fracture of the skull and extravasation of blood. The contusion o the
skull and eye may have been caused by some violence of the woman in helping herself,
but not so the circular indentation he should think. The bed was one foot high from the
floor; if the woman had knelt on the bed, the child would have fallen farther. As to the
indentation, the cause that first suggested itself to his mind was a hammer.
MRS. REYNOLDS recalled, stated that the prisoner's bed room was next to her's, that
there was a wall between, but they could call from one room to the other.
The Learned Judge summed up in favour of the prisoner, in respect of the more serious
charge, but said there could, of course, be no doubt about the concealment. The circular
indentation they certainly could not account for; but on the other hand, nothing was
suggested as the means by which the prisoner could have done that. It was true the
surgeon said something about a hammer, but no instrument of the kind was shown to
have been in the room. Verdict, Guilty of Concealment; Not Guilty of Murder. Six
months' hard labour.
JOHN SCOBLE, 31, was charged with assaulting LOUISA MAYELL, a girl ten years
old, with intent, &c. this was another of those painful cases of assault on young children,
which are so disgraceful to the county, and, with others of a somewhat like character,
have given it a "bad pre-eminence" over most other counties. The prisoner was convicted,
and sentenced to Eighteen Months' hard labour.
This case concluded the criminal business; and Mr. Justice Coleridge shortly afterwards
left Bodmin on his route to Taunton, where the commission was appointed to be opened
on Monday.
Sessions,
NISI PRIUS - Thursday, March 27
LUCY v. ROWE - The plaintiff in this case, a gentleman living in Warwickshire, sought
to recover rent for the use and occupation of a stable, in the borough of Fowey, let to the
defendant at GBP 4 per year. The defendant pleaded the statute of limitation. The
action commenced on the 31st of August, 1843. The stable being let at an annual rent of
GBP 4 a year, for the years ending at Christmas, 1837, and Christmas, 1838, within the
period of six years; and the jury returned a verdict for Plaintiff, for GBP 8.
DOE dem. TUCKER v. FORD - Verdict by consent. One Shilling damages.
DOE dem. NICHOLLS v. SYMONS - An action of ejectment, in which plaintiff was
non-suited for want of defendant's appearance to confess Lease, Entry. And Ouster. The
Judge certified for immediate possession.
DOE SEVERAL dem. COLE and ANOTHER v. PEARSE - This was an action of
ejectment brought by the mortgagee of an estate in St. Pinnock, against a person holding
under the mortgagor, under a lease for lives. It appeared that a person named JOHN
SAUNDERS CLIMO, unto whom the property was conveyed in 1841, mortgaged it to a
SAMUEL STEVENS, and then subsequently granted a portion of the same, on lease for
lives, to the defendant, who built a cottage on it. Mr. Rowe appeared for the plaintiff,
Mr. Greenwood for defendant.
PETER S[OUTHWOOD] GLUBB, attorney at Liskeard, knew the Reverend JAMES
RAWLINGS, and was attesting witness to a deed dated March 25, 1841, by which that
gentleman conveyed the estate of Hurland, in St. Pinnock, to John S. Climo for GBP 410.
This witness was attesting witness to a deed dated June 24, 1841, by which John
Saunders Climo [mortgaged] the tenement of Hurland to Samuel Stevens, for GBP 350.
HARRY JOHN RICE ELWORTHY, solicitor of Stonehouse, proved a deed, dated June
3, 1844, re[vising?] the previous indenture of mortgage between John Saunders Climo
and Samuel Stevens, and conveying the tenement in question from Stevens to John
EADE, of East Stonehouse, for the remainder of a term of 1,000 years, in consideration
of the sum of GBP 239.6s.9d. Mr. Elworthy further proved the execution of a deed
dated the 18th of November, 1844, conveying the tenement in the same way from Eade to
EDWARD WILLIAM COLE, stationer, for the remainder of the term of 1,000 years, in
consideration of the sum of GBP 450. Mr. Elworthy added that he knew the tenement
sought to be recovered in this action; it formed portion of the estate called Hurland, in St.
Pinnock. The premises consisted of two small cottages under one roof, with a small
garden and one or two fields. Knew the defendant Pearse, and had a conversation with
him about the occupation of the premises, when witness went down to view them. The
defendant then told him that he had been to Plymouth, and had consulted Messrs.
Lockyer and Balteel and others on the validity of the lease under which he held the
premises, and they had told him it was not worth a farthing because the mortgagee
Stevens had not concurred in granting it. Defendant then asked witness's opinion, and
he confirmed that given by Messrs. Lockyer and Bulteel. Witness did not learn from
defendant any thing concerning the party under whom he held. The whole of Hurland
measured 29 acres; and he should think its value was GBP 28 or GBP 30 a year. The
portion occupied by defendant Pearse was about six acres; its value about GBP 8 or
GBP10 a year; the cottage on it was quite new.
JOHN LOBB, farmer of St. Pinnock, stated that at Christmas, 1838, he rented part of
Hurland under Mr. Rawlings, and continued to occupy it till September, 1841. He rented
ten acres, and paid his rent to Mr. Rawlings. Afterwards, he took three acres, part of the
ten, from John Saunders Climo, and paid the rent to him. The portion of Hurland now
occupied by defendant Pearse was part of the property which witness formerly occupied.
Pearse built the house and came into occupation of the premises about the commencement
of 1842; he was a carpenter, and had a wife and young family. For the defence, Mr.
Greenwood urged the necessity of requiring the strictest proof on the part of the plaintiff
in a case, which was evidently one of great hardship on his client; and affirmed that the
evidence was defective as to the identity of the property, and of the mortgagee, Samuel
Stevens. (To these two points, the learned Counsel had chiefly directed his examination.)
The learned Counsel suggested that the action must have been brought from some ... -
some quarrel between the parties - rather than with the view of obtaining possession of
the property, [...] as the whole estate of Hurland, being worth about GBP 30 a year, and
the part occupied by defendant (if indeed a part of Hurland) being but a small detached
portion, the remainder was abundant security for the sum advanced upon it, and it could
not be with a view of bettering the security, that it was sought to turn the defendant out
of the property. The learned judge summed up in favour of plaintiff, stating that the
conveyance of the property from Rawlings down to Cole was perfectly clear from the
deeds produced, and also that the evidence of identity of the property, and of the
mortgagee, Stevens, was sufficient; while against this evidence, and in support of
defendant's occupation, there was only offered the plea that he had a wife and family.
Verdict for Plaintiff.
DOE SEVERAL dem COLE and ANOTHER V. CLIMO - This was an action similar
to the preceding one, brought in respect of the remaining portion of Hurland estate. It
appears that on the 22nd of January, 1842, subsequent to the mortgage, JOHN
SAUNDERS CLIMO granted a lease on lives to defendant, which is was contended he
had not the legal power to do, he having conveyed the legal estate to the mortgagee,
Stevens. The action was undefended. Verdict for Plaintiff.
GILES v GILES - Mr. CROWDER and Mr. M. SMITH for plaintiff; Mr. BUTT for
defendant. An action of replevin, in which the defendant justified his levying a distress
for GBP 45 for three half yearly payments of rent, on the ground of its being an annuity
given him by the will of his father, HENRY GILES the elder, and charged on a tenement
called Porthmear in the parish of Zennor. There were four issues the affirmative of which
it was for the defendant to prove:
1st - whether the father, at the time he made his will and at his death, was
seized of the estate.
2nd, Whether by the will, the estate was charged as alleged, with the payment
of the annuity?
3rd, Whether the rent-charge was in arrear?
4th, Whether the father died without revoking his will?
It appeared that the father, about twenty-two years ago, became owner of the estate in
question, and lived on it till May 1839, when he went to live with his married daughter,
leaving his son, the present defendant, in the occupation of Porthmear as his tenant. On
the 3rd of June, 1839, the father made his will; in September 1842 he died, and his son
JOSEPH, the present plaintiff, being entitled to the estate of Porthmear, took possession
of it, but now refused to pay the annuity to his brother, the defendant. The will having
been put in and read, and ANN GILES, a married sister of the plaintiff and defendant,
having been examined, Mr. Crowder addressed the jury for the plaintiff, and called
GEORGE DENNIS JOHN, who produced a deed of the 10th of August, 1842, by which
the late Henry Giles mortgaged the estate of Porthmear, to Mr. J. I. PIDWELL. Mr.
JOHN stated that the mortgages had never been satisfied; and the like fact was proved
by Mr. FRANCIS PAYNTER, the plaintiff's attorney, and attesting witness to the deed.
In respect of the 4th issue, Mr. Crowder stated that the father, after making his will, being
offended with his son, the defendant, executed a deed by which he changed the
disposition of his property. The deed bore the date of 22nd of March, 1841. Mr. Butt
contended that it could not revoke the will, inasmuch as it was only for a limited term;
the annuity being charged on the fee. The case resolved itself into a question of law for
the learned Judge who directed the jury to find for the plaintiff on the 1st issue, and for
the defendant on the three other issues.
BENNETT v. LITTLETON - An action for trespass, in which a verdict for plaintiff was
taken by consent. The parties were respectable farmers, each having an estate adjoining
the river Tamar; and the dispute, out of which the present action arose, concerned the
right to take oarweed at particular places, between high and low water mark. The parties
now agreed on their verdict, under an arrangement to submit the question of right to a
mutual friend.
DOE v. TREVENEN v. COMBELLACK - Mr. Butt and Mr. MERIVALE for plaintiff;
Mr. M. SMITH for defendant. This was an action of ejectment brought to recover part of
a tenement, called Knapp, in Wendron, consisting of a dwelling-house, with about seven
acres of arable land, and ten acres of croft. The action was brought by the devisees in
trust under the will of Thomas Combellack, dated October, 1842. He died aged sixty, in
the same year, leaving his widow, a young woman with three young children. By his will,
he left the property for the benefit of those children. The legal estate was in Mr.
EDWARD TREVENEN, as heir at law to the gentlemen to whom it was conveyed in
trust for Thomas Combellack. The devisees in trust under the will of Thomas Combellack
put up the estate for sale for the benefit of the children, and made a contract with the
purchaser; when the widow, MRS. SALLY COMBELLACK, refused to give up
possession. Verdict for Plaintiff.
The only remaining case at Nisi Prius, that of HAWKE v. BAZELEY, having been fixed
for Friday morning, the court now proceeded with the trial of prisoners for the remainder
of the day.
LENT ASSIZES
JANE BRAY, 24, and SAMUEL POWELL, 22, were charged with stealing a piece of
Coburg cloth, and various articles of drapery, from the dwelling-house of JANE EVANS,
at Camborne, the property of the said Jane Evans.
The prosecutrix was a dress-maker; on Friday, the 8th of December, the two prisoners
came to her house and asked for lodgings, Powell calling the woman his wife. The
prosecutrix let them a bed-room and the use of the kitchen; they remained there till the
21st of December, when they left about half-past six in the morning. MRS. EVANS then
went up to the bed-room, where they had slept, and found that there had been taken
away a blue Coburg cloth dress, a piece of brown Coburg cloth, three pieces of ribbon, a
piece of new muslin, a shawl, a pocket handkerchief, a measuring tape, and other articles.
On the 27th of December, prosecutrix went with a constable to Perranzabuloe, to the
house of William Bray, prisoner's husband, and found there the piece of new muslin,
three pieces of ribbon, a pocket handkerchief, ribbon dressing for a bonnet, and a
measuring tape. WILLIAM ROWE, constable, produced the articles found at Bray's,
which were identified, and particularly the measuring tape, by the prosecutrix.
ELIZABETH POWELL, sister of the prisoner Powell, stated that about two or three
months ago, her brother came to her with some gown pieces and a shawl, which he asked
her to pawn for him, saying he had them of Jane. Witness did not know whom he meant.
Witness took the articles to the pawn shop, and got five shillings upon them; she gave the
pawn ticket to prisoner.
ELEANOR JAMES, pawnbroker, produced a piece of cloth, pawned with her by last
witness. It was identified by prosecutrix. Verdict, Both Guilty, Six Months' Hard
Labour Each.
WALTER STODDART, 50, found Guilty of stealing a pair of bellows, at St. Agnes, from
ELIZABETH FERRIS, on the 31st of December. A certificate of former conviction was
proved against the prisoner. Four Months' hard labour.
FANNY WILLIAMS was Acquitted of stealing coals, the property of CHARLES
FENTON KIRKMAN and others, adventurers in Halriggan[?] mine, in the parish of St.
Austell.
NATHANIEL LANYON, 47, was charged with assaulting RICHARD JAMES, and
stealing from him four pasties.
Richard James, a lad, stated that he lived in Perranzabuloe; on the 11th of December,
about one o'clock, he was on the high road going from his labour, with four men's
dinners - three in a handkerchief, and one inside his coat; two were pasties, and two
currant-obbin. (The Judge and Bar were greatly puzzled to know what was meant by the
latter; but the boy could give no explanation, and seemed surprised that the learned in the
law were not as familiar as himself with this dainty. At length, a juror explained the
mystery, by stating that a currant-obbin was a heavy paste with currants). On his road,
the witness said, he met prisoner, who asked him where he was going, whose boy he was,
and what he had in his hand. Witness told him that he had four dinners. The man said
he was starving and would have them. Witness replied that he should be killed when he
got home. The man ten took all the dinners and walked away. Witness went home and
told his father, and afterwards gave a description of the man to the police at Truro.
About a month afterwards, the police took up the man. Witness was quite sure the
prisoner was the man. (The little boy, though giving his evidence well and intelligently,
did not satisfy the learned Judge as to his having sufficient grounds of speaking to the
prisoner's being the man who robbed him; and his lordship summed up to that effect.)
the jury returned a verdict of Acquittal.
THOMAS HOARE, 19, was convicted of stealing five pounds of lead, the property of
the guardians of the Liskeard Union. One Month's Hard Labour.
BURGLARY AND ROBBERY - RICHARD PEARCE, 25, was charged with having
burglariously entered the dwelling house of ANDREW MARKS, at the borough of
Liskeard, on the night of the 20th of February, and stealing therefrom five dozen coloured
and black silk handkerchiefs, three black and white Norwich squares, two coloured
Norwich squares, two cashmere handkerchiefs, three or four black stuff aprons, twelve
coloured satin scarfs, about sixteen yards of black muslin, thirty yards of bombazine,
between sixty and seventy yards of black Persian, about twenty-eight yards of coloured
Persian, two pair of lambswool half hose, two and a half pair of cashmere gloves, about
twenty yards of coloured and black satin, and six pair of ladies kid gloves, the property
of SELINA MARKS; and a pen-holder, the property of Andrew Marks. Mr. BULLER
conducted the prosecution; the prisoner was undefended.
ANDREW MARKS stated that he was owner and occupier of a house in Church-street,
Liskeard. There was also a door opening into Pipewell-lane; that door was fastened with
two bolts. There was a draper's shop, kept by his sister, and a cooper's shop by himself;
the door between them was fastened with two bolts on the draper's side. Both shops and
the kitchen are under one roof.
ELIZABETH MARKS, mother of last witness, lived in the same house with him. There
was one entrance from the street to the draper's shop, and one to the cooper's shop.
There were also two ways of entering the premises at the back; one at the cooper's shop,
and the other at the back kitchen, both leading into a passage which was a thoroughfare.
Witness and family went to bed on the 20th of February, about half-past ten; witness and
her daughter were the last to go to bed; they went round the house, as was their usual
habit, and locked up all the doors; was certain that the door from the back-kitchen into
the passage was fastened. There was a piece of wood in the window of that door where
there had formerly been glass. That piece of wood was sound on the night in question.
ELIZABETH MARKS, the youngest daughter of the last witness, woke on the morning
of the 21st of February about ten minutes before six, and did not then hear any noise in
the house. She came down stairs about half-past six, and found the things thrown out of
the cupboard in the kitchen. The piece of wood was broken out of the back-kitchen door
window; the door was shut but unbolted. From the opening made by removing the piece
of wood, a person with even a short arm could reach all the bolts and fastenings of the
door. The door from the draper's shop to the cooper's shop was unbolted and left ajar.
SELINA MARKS remembered shutting up the draper's shop on the night of the 20th of
February; all the goods were then in the shop. On the following morning, in consequence
of her sister's information, she went down into the shop, and found round the counter
several loose wrappers that had, the night before, been put over the shelves. The witness
here described a large variety of drapery goods which she found missing; she also missed
a pen-holder, belonging to her brother, from the desk, which she had particularly noticed
there the evening before. Next saw some of her goods at the Town Hall, Liskeard, on
Tuesday, the 4th of March.
MARY JANE DAW saw prisoner, about six o'clock in the evening of the 20th of
February, looking into Miss Marks's shop-window. Witness went into the shop, as a
customer; on coming out, she saw the prisoner still looking into the window. She went
home, and came back to the shop in about a quarter of an hour, and saw him again at the
window.
CHARLES OOWERY saw prisoner about seven o'clock in the evening of the 20th of
February, just outside Miss Marks's window; witness went to the adjoining shop, Mr.
ABRAHAM's, and remained there about ten minutes; while there, prisoner came and
looked into Abraham's window, which adjoins Miss Marks's. Was sure prisoner was the
man.
SAMUEL PEARSE, on the evening of the 20th of February, saw prisoner about eight
o'clock, passing up the street, near Miss Marks's house, and took particular notice of him.
MARY ANN MATTHEWS, about seven o'clock the same evening, was going to MR.
THOMAS PASCOE's, with some things to [assemble?]. Pascoe's house stands in the
court that heads out of Pipewell-lane [...]. He observed that she was looking at him, and
went away to the bottom of the court. Witness went on to Pascoe's house, and stayed
for about ten minutes, and then went away down Pipewell-lane; when she got to the
bottom of the lane, she saw the same man; he looked at her very close.
THOMAS WYATT was collector of the tolls at the Steam-bridge Ferry, Torpoint;
remembered prisoner coming to the Ferry about a quarter of nine, on the morning of the
21st of February. He paid the fare, and asked if he could go over. Witness told him that
bridge was on the other side, but if he was in a hurry, he could go by waterman. He said
he was in a hurry, and went across by a waterman, to North Corner. He had two bundles
with him; a large one behind, and a small one in front; witness saw some kind of drapery
hanging out of the bundle behind. The distance from Liskeard to Torpoint was sixteen
and a half miles.
JAMES BADGE, pawnbroker, living in Princess-street, Devonport, about five minutes'
walk from North Corner, saw prisoner about nine in the morning of the 21st of February.
He came to witness's office, and had some articles with him; he produced a handkerchief
and offered to pledge or sell it. Witness told him he was not in the habit of purchasing or
taking goods of that description. Prisoner then pleaded great poverty, and said he
wanted a little money to take him over the water. Witness took the handkerchief under
that impression, and gave prisoner a pawn ticket, which was afterwards brought to
witness by another young man, who redeemed the handkerchief. Prisoner gave his name
as RICHARD PEARCE, of Liskeard; he at first wanted to sell the handkerchief, because
he said he should never be in that part of the country again; he afterwards pledged it, and
said he would give the ticket to the first person he met.
GEORGE TALLANT saw the prisoner about nine in the morning of the 21st of February;
he was a stranger to witness; he came up to him and said "here, I have just been to the
pawn-shop, and pawned a silk handkerchief, and I'll give you the ticket." Witness said,
he didn't want him to do that, he would give him a glass of beer for it, and did so.
Prisoner said he was going across the water; he had two bundles. Witness took the ticket
to the pawnbroker, and redeemed the handkerchief which he afterwards gave to
constable ELLIS.
ELIZABETH RYDER, wife of WALTER RYDER, a pawnbroker at Devonport, saw
prisoner come into the shop between nine and ten, on the morning of the 21st of February.
He produced a handkerchief and offered to pledge it, but said he would rather sell it; he
said he was going to Liskeard, where he lived. Witness told him she would not give more
than 2s. for it, because it was cut and dirty; he took the 2s., and witness kept the
handkerchief, and after repairing the cut, put it in the window for sale. She had since
given up the handkerchief to the constable.
ELIZABETH DYMOND, keeper of an eating house at Devonport, supplied prisoner
with a dinner, on the 20th of February; he paid 9d. for it and left. On the following
morning, he came again about nine o'clock, and brought two bundles with him; one was
tied up in a handkerchief; the other in something blue, and one of the bundles had a
leather strap around it. When he went away, he spoke to witness, and left the bundles in
an open place by the corner of the shop. One bundle was afterwards taken away, and the
small one left. Ellis the constable called on the following Monday, and took away the
bundle that was left. Witness's servant opened the bundle while it was left there; witness
saw the contents; it appeared like the wearing apparel of a man in his line of life.
JOHN WILLIAM TAYLOR, pawnbroker at Plymouth - prisoner came to his shop about
one o'clock on the 22nd of February, with a bundle of silk handkerchiefs, which he asked
witness to buy. He showed them to witnesse; there were twenty-three handkerchiefs and
two half ones. Witness objected at first to purchase, because they were fancy articles,
and of little use to him. Prisoner said he was a traveling hawker, and wanted some
money to enable him to leave the town. Witness gave him 30s. for the handkerchiefs, and
took them. On the following Monday, THOMAS, the sergeant of police, came to
witness, and witness went with him to the Guildhall, taking the handkerchiefs; saw the
prisoner at the Guildhall, and immediately identified him. On the handkerchiefs being
produced and counted, prisoner said, "since you have thought proper to recognize me,
you will please to produce thirty-two instead of twenty-two." Twenty-two was the
actual number of pieces. Witness marked the handkerchiefs on giving them up to
Thomas, and should know them again.
SOLOMON PHILLIPS, a dealer in second-hand clothes, keeping a stall in Plymouth
market, and lodging in Bedford-street. The prisoner came to his stall between two and
three in the afternoon of the 24th of February, and offered a handkerchief for sale, for
which witness gave him 1s.6d. Prisoner then went away, and in about ten minutes
returned with a bundle under his arm, and said, "Will you buy any smuggled silks?"
Witness said, "Let me see." Prisoner said he did not like to show them in the market, and
went with witness to witness's house, where he opened the bundle and showed a lot of a
kind of satins, for which he asked 2s. a piece; but said he would keep one piece to wear,
and put in his pocket. Witness said he did not want anything of the kind, but if he would
leave them for a short time, he would show them to a traveller. Prisoner said he wanted
to sell them, for he was "hard up," and wanted to redeem a box of tolls at the wagon
office. Witness told him if 5s. was any service to him till he (witness) had shewn the silks
to the traveller, he would lend it to him. Prisoner left the articles in witness's possession,
and witness gave them up to the police inspector.
MARY DISCOMBE, kept an eating-house in Bedford-street. Prisoner came in on
Monday, the 24th of February; he had a large bundle in a blue handkerchief and leather
strap. When he had his dinner, he paid for it, and asked to be allowed to leave his bundle
till he called for it. He did so; and the bundle remained under the counter till taken by
Sergeant THOMAS, the same evening.
ROBERT ELLIS, constable of Devonport, apprehended prisoner on the 24th of February,
and told him he was charged with robbery at Liskeard; he said he knew nothing about it.
Witness took him to the station-house, and searched him and found some lucifer matches
on him. Witness produced articles found at Mrs. Discombe's, Mrs. Dymond's, and Mrs.
Ryder's.
WILLIAM THOMAS, serjeant of police at Plymouth, on the 24th of February, went to
the shop of Mr. Taylor, and obtained from him a bundle of silk handkerchiefs. Taylor
went with witness to the police station, and immediately identified the prisoner. Witness
asked prisoner if he had any objection to tell where his lodgings were; he said he had no
objection, but there were none of the articles at his lodgings; he said, there was a bundle
at the cook's shop where he had been stopping, and also at the house where he was taken.
He said he had left that with a jew who sold second-hand clothes in the market; witness
went to SOLOMON PHILLIPS, who delivered the things to him, which he now
produced. Witness took the prisoner down to Liskeard. On the road, prisoner said "Well
you are taking me down to Liskeard, but none of those things were ever at Liskeard."
Afterwards, on the following morning, he spoke to witness about himself. Prisoner was
sitting in custody of the constable Ellis, when witness came in and said to Ellis, "I hear
out in town that he has made a confession of how he got those things." Prisoner said, "I
have no objection to tell how I got them." He then went on to say that he was at
Torpoint and took a pint of beer in the evening of the 20th; that he came on towards
Liskeard, and thought it was about half-past one, when he got within a mile of that place,
and had occasion to go inside the hedge. It was bright moonlight. He heard two men
talking, and saw that one of them was carrying two bundles he heard one man say to the
other, "I bought this jacket and trowsers of a man in Bodmin gaol." He looked after the
two men, and saw them go over a low place in the hedge into the road and proceeded
back towards Liskeard. He then went to where the two men had gone inside the hedge,
and found there two bundles, which he took, and ran away with to Torpoint. On the
preceding day, the prisoner had said that he had not been in Cornwall for ten years. The
articles in charge of the constables were now produced, and were identified by the
prosecutrix, and the various parties through whose hands they had passed. The jury
returned a verdict of Guilty. Two previous convictions were proved against the prisoner,
under the name of RICHARD POPE. The identity of the prisoner was sworn to by
DUNGEY, the turnkey, in spite of the prisoner's repeated sturdy denials of ever having
been in Bodmin gaol, or in Cornwall before. The jury were however perfectly satisfied
with Dungey's testimony. Fifteen Years' transportation. The prisoner was immediately
hand-cuffed to the turnkey, with whom there was no great likelihood of his running
away. We have heard that this prisoner was some years since under sentence of death in
Newgate, but received a mitigation of his sentence to transportation for life, from which
he contrived to make his escape. We heard, too, that he has threatened to escape now;
but we have no fear of his success in any such attempt at Bodmin gaol.
Assizes
THOMAS ORCHARD, 23, was charged with stealing, on the 8th of March, at
Launceston, two nankeen purses, and about GBP 12 in gold and silver, from the person
of HENRY DAVY, a pig drover, living at Yeolm bridge, near Launceston. The
prosecutor stated that he attended Launceston market on the day in question, and took
some money. He was at the Devonport Inn, and was drinking during the day; in the
evening he rather felt the effects of liquor, but was able to count his money, which he
did. A strange woman came to him and asked him about buying some mine shares; and
they walked down the road out of the town to talk about this business; the prosecutor
declared that was his only object. While with the woman, he was hustled and robbed by
a man whom he had not seen before, but whom he swore to be the prisoner. On the
following Monday, he saw the prisoner selling tapes and cottons; he looked him hard in
the face, and prisoner shrunk from him. There was no confirmation of the prosecutor's
statement, and the jury returned a verdict of Acquittal.
MARY THOMAS, was charged with stealing drapery, the property of WILLIAM
WILLOUGHBY, shop-keeper at Pool.
THOMAS WILLOUGHBY, son of prosecutor, stated that on the 24th of March, prisoner
came into the kitchen and asked his mother to give her a pinch of snuff; his mother told
his sister to do so. He saw prisoner put her hand on a shelf close by. Witness followed
her into the shop, and spoke to her. She then went away; he sent a boy to tell her to come
back, which she did after some hesitation. He told his mother to ask her if she had taken
anything; his mother did so, and opening the prisoner's cloak, found concealed a piece of
striped corduroy.
MARTIN WILLIAMS, constable, produced a piece of striped corduroy, which William
Willoughby, the owner, identified. GUILTY. A juror stated to the Judge that the
prisoner had always been supposed to be of rather weak intellect. His Lordship observed
that her countenance bespoke it. Three Months' hard labour.
Friday, MARCH 28
The Court opened this meeting at nine o'clock, and was engaged all day with the
following special jury case.
HAWKE v BAZELEY and OTHERS - This was an action of trespass against the Rev.
Mr. BAZELEY, rector of the parish of St. Dominick, and others, to recover damages for
cutting down certain alder trees in a close called Eastcot Wood, the property of the
plaintiff, and for cutting down a number of standils, in another close, called Parson's
Wood, contiguous to Eastcot Wood. Mr. COCKBURN, Q.C., Mr. BUTT, Q.C., and Mr.
C. ROWE, counsel for the plaintiff; attorney, Mr. MOORE. Mr. CROWDER, Q.C., and
Mr. TAPRELL council for the defendant; attorney, Messrs. Woollcombe and Co. The
pleadings were of a voluminous nature, but the whole case resolved itself into two
questions - first, whether was the boundary separating Parson's Wood from Eastcot
Wood rightly stated by the plaintiff's witnesses or the defendant's; and second, whether
the defendant, whose claim by prescription, as rector of St. Dominick, to cut down the
coppice, underwood, and trees other than timber trees in Parson's Wood was admitted,
had left, in the cutting of 1843, a due and reasonable proportion of standils for future
timber trees for the plaintiff, who was admitted to be owner of the soil. A great deal of
evidence was adduced on both sides, from which it appeared that in 1792, the property
belonged to a person named JANE, who died intestate, leaving it to two sisters, who
divided it, and married, one a person named COUCH, and the other a person named
JOPE; but all the property eventually came by purchase into the hands of Mr. HAWK,
father of the plaintiff, to whom it descended. It further appeared that the defendant, as
rector of the parish, had the right to cut down the coppice, &c., under limitation of
leaving a due and reasonable number of standils. In 1843, he sold the cutting to the other
three defendants, HODGE, WARING, and MILL, who cut down the coppice, including
a number of standils, marked with paint by the plaintiff, leaving a number of vacant
spaces, one or two such being about a quarter of an acre in extent. A number of large old
alder trees growing on the line of boundary, were also cut down by defendant. JOSEPH
COUCH, to whom part of the property came by his mother, and who afterwards sold it
to plaintiff's father, and PETER JUPE, a grandson of the other sister, with a number of
other witnesses, give evidence for a boundary line which [exists] in the alder tress on the
Eastcot side. A man named NOTT, and his son, who had both cut the wood in the
former rector's time, and another named DODGE, who served his apprenticeship with
Couch, the former proprietor of Eastcot, and who is now servant to defendant, and as
such, pointed out the boundary to the other defendants, with other witnesses, spoke to a
line which included the alder trees on the Eastcot's Wood side. After a careful summary
of the evidence by the court, the jury [left], and half an hour afterwards returned with a
verdict for the Plaintiff.
Local
REDRUTH - Mr. G. GYNGELL, the celebrated pyrotechnist, gave a splendid
exhibition of fire works on Thursday, the 27th ult., in the Fore-street, Redruth, which was
witnessed by an immense concourse of people; the brilliancy of his colours, and the
elegance and variety of the devices exciting the greatest admiration. The same evening,
Mr. Gyngell exhibited his powerful oxy-hydrogen microscope, and dissolving views, in
the large Vestry-room of the parish, and, we are happy to say, had a very crowded
company on the occasion. Several friends and supporters of the Redruth British School,
anxious to avail themselves of so suitable an opportunity of affording amusement and
instruction to the children of the school, engaged Mr. Gyngell to give them a special
exhibition of the microscope, in the same room, on Saturday afternoon. In addition to the
children of the British School, a great number of the elder children of the different
Sunday Schools were also invited to attend; and the friends who had procured for them
so suitable a treat, must have felt themselves well rewarded for their trouble, in the
enjoyment afforded to the children, and manifested in their earnest exclamations of
astonishment, and occasional irrepressible laughter. Mr. Gyngell, during the exhibition of
his dissolving views, expressing regret that he had no music to accompany them, the
children were invited to sing some of their hymns, the effect of which was exceedingly
pleasing, especially during the exhibition of some ecclesiastical interiors. It is but justice
to Mr. Gyngell to acknowledge his exertions to make the exhibition as pleasing and
instructive to the children as possible, both by the number of objects exhibited, and by
suiting his explanations to the comprehension of his juvenile audience.
ROYAL CORNWALL INFIRMARY - A very numerous meeting of the Governors of
this Institution, took place on Saturday last, in consequence of a summons from the
committee, to consider what steps it was expedient to take in consequence of the
lamented death of MR. PHILIPPS. SIR CHARLES LEMON presided, and we
understand it was resolved that endeavours should be made to obtain a fully qualified
person as Assistant House-Surgeon, on the 12th of August next, and that a committee was
appointed for that purpose, it being understood that the weekly board would take care
that such assistance as might be needful should be furnished to MR. BULL in the
meantime. We have since heard that MR. SLYMAN MICHELL has been appointed
temporarily, with GBP 35 as a remuneration
WADEBRIDGE AMATEUR CONCERTS - On Thursday, the 27th ult., the twelfth of
these concerts, under the able leadership of MR. LUTMAN, took place before numerous
and respectable audience. The seventeenth symphony of Pleyel was the opening piece,
which was followed by a variety of songs and glees, and instrumental pieces, which were
creditably performed. The overtures of La Clemenza di Tito, Tancredi, and the Slave
were well executed; one of Pleyel's beautiful quartetts, if rather too long for a general
audience, was so exquisitely performed, as to give the highest pleasure to the true lover of
music. Nor must we forget to notice a solo on the violin, and also a solo on the flute, by
MR. PHILLIPPS, of Liskeard, who, we understand, has lately been appointed organist at
that place. His purity of tone on both instruments, his brilliant execution, and the great
taste and feeling displayed by him drew down well-merited applause.
ST. GERMANS UNION - The Board of guardians of this Union have petitioned against
the Parochial Settlement's Bill, introduced by the Home Secretary, and now before the
House of Commons.
CLIMATE OF PENZANCE - During the late frost, the only fresh vegetables in the
London market were sent from Penzance.
KENNAL PAPER MILLS - MR. WILLIAMS having attained his majority on Tuesday,
the 25th ult., the work-people and their families, to the number of sixty, were regaled with
roast-beef and plum-pudding, in one of the large rooms of the establishment, which was
decorated with ever-greens for the occasion. After a good speech from MR. WM.
SYMONS SILLIAMS, the party separated highly pleased with the bounty of their
employer. [name as spelled jm]
FALMOUTH - MR. TRETHOWAN, ship-builder, has just laid down a cutter for the
Trinity Board, and a new pilot-boat of forty-one tons, has just been launched from his
yard, for MR. VINCENT, of St. Mawes. Two others are in course of building, one by
Mr. TRETHOWAN, and another by MR. MAYNE. The pilot-boats now belonging to
this port are not surpassed by any in the kingdom.
CAUTION TO SAILORS - Two seamen have been committed to prison, for thirty
days, for refusing to join the brig "Eight Sons," J. Lockhart, Commander, now lying at
Fowey, after having signed articles.
VESSEL ON FIRE - On Sunday afternoon last, information was received at the several
engine Stations, that a fire was burning on board the brig "Betsy," CAPT. J. RICH, of
Penryn, lying off Prince Edward-stairs, opposite Rotherhithe. For some time the greatest
fears were entertained that the whole vessel would fall a sacrifice to the fury of the
flames, which were then burning brightly and fiercely in the after cabin. The floating
engine, manned by one hundred men, was got to work, and a vast body of water poured
into the cabin. At length the flames were subdued, and all danger of their further
extension at an end, but not before the after cabin and its contents were nearly consumed.
The fire from the cabin stove, from some cause which is unexplained, is said to have
caused the disaster. The vessel, which is the property of CAPTAIN TRENERY, of
Penryn, is said not to be insured.
ST. IVES - The boats belonging to this port have been taking from 100 to 200 fine
mackerel nightly, which have realised 25s. per hundred.
FALMOUTH POLICE - On Monday last, a man named GOSE, an oyster dredger, was
brought up, charged with having violently assaulted JULYAN, the town serjeant, in the
execution of his duty, the Saturday evening previous. He was fined GBP 5 and costs,
and in default of payment was sentenced to one month's imprisonment. On Tuesday,
another dredger of the same party was brought up on the same charge as the above
offender, but he had evaded the officer until Monday evening. His offence was not of so
aggravated a nature, he was fined GBP 2. 10s. and costs, and in default committed to
prison for fourteen days.
LAUNCESTON POLICE - On Friday last, JOHN MIDLAND, blacksmith, was
committed to Bodmin, to take his trial at the next sessions, for stealing a brass [top], the
property of Mr. JOHN SCOTT.
SHEEP STEALING - On the 19th ultimo, a ram sheep was stolen from a field of Mr.
CHARLES CONSENTINE, of Colwood, in the parish of St. Winnow. It was killed and
skinned on the premises, and the carcass carried away; but the skin and head were left
behind. The houses of several suspicious persons in St. Winnow and Lostwithiel having
been searched, there was found in that of a man named SIMMONS, a labourer, a neck of
mutton, which appeared to correspond with the head left attached to the skin; and other
parts were found buried at the tin mine where this person worked. He was taken into
custody, and on Friday last was committed to Bodmin gaol; others supposed to have
been concerned have absconded. A short time since, MR. THOMAS, of ...ude, in the
same parish, had a sheep stolen in a similar manner, the skin and head having been left
behind like those of the other. A "stug" of salted mutton has been found buried in the
garden of one of the absconded parties.
FATAL MINE ACCIDENT - On Friday last, as three men, named COLMER,
HOCKING, and BONE, were at work under ground in Charlestown United Mines, in
the parish of St. Austell, while Colmer and Hocking were tamping a hole, or rather a
crack in the rock, the hole went off, and ignited some powder that was in a barrel close
by. Colmer was blown to atoms, so that they were a long time collection his scattered
remains, which were taken up and carried home in a sack; Hocking received a severe
wound in the right side of his head and lies in a very dangerous state, but Bone escaped
unhurt, being away in another pitch to get some tamping when the explosion took place.
They were all married men with families.
FATAL ACCIDENT - On Wednesday morning, the .. ultimo, a fatal accident occurred
at Newlyn, near Penzance. Two young men, named JOHN JOHNS and P[HILLIP}
HICHENS were amusing themselves with wrestling on an open spot, in front of the Navy
Inn, when approaching too near the cliff, without being aware of it, they fell over on the
rocks below. Johns was killed on the spot, and Hichens is severely injured.
SUDDEN DEATH - On Saturday last, as a woman named MARY SMITH, residing at
Penponds, in the parish of Camborne, was engaged in preparing to attend the Camborne
market, she fell on the floor, and expired immediately.
CORONER'S INQUESTS - An inquest was held at the Peterville Inn, St. Agnes, on
Friday last, by J. CARLYON, Esq, coroner, on the body of MR. T. ,,, when it appeared
that the deceased on the day previous was able to attend to his business as usual, and did
not retire to bed until about eleven o'clock. Soon after midnight, he complained to his
wife that he felt his breath was short, which was not unusual, as he had been many years
afflicted with asthma. Deceased then got out of bed, and opened the window of his
bedroom to obtain a supply of fresh air, when he suddenly sat down in his chair, and
about five minutes after was a corpse. Mr. WHITWORTH, surgeon, was sent for, and
stated the cause of deceased's death to be pulmonary apoplexy. Verdict, died by the
visitation of God.
On Wednesday evening, an inquest was held before MR. GENN, Esq., coroner, at the
King's Arms Inn, Falmouth, on view of the body of an infant child belonging to a woman
named WILLIAMS. The child had been buried the day before, but in consequence of
several anonymous letters being sent to the parochial authorities, in [.. ] imputing that the
child had not died a natural death, the body was exhumed upon the coroner's warrant.
Some witnesses were examined touching the birth, death, and health of the child; from
which it appeared that the child was not the offspring of the woman's husband, that it
was removed immediately on its birth to Porthleaven to be nursed, but, failing to procure
a nurse, it was again brought back to Falmouth, and placed under the care of a woman
named BIDDY WILLIAMS. Subsequently, it was taken home by the mother, with
whom it continued until its death. It had ever been sickly, and had received no medical
attendance, but was kindly nursed in other respects. It was not baptized, and was buried
the day after its death privately. These facts having occupied some hours in the relating,
the further consideration of the case was [taken] until Thursday evening, the coroner
remarking that should he consider, after more particularly going through the evidence, a
medical examination was necessary, he should order it, and be prepared with its results ...
... re-assembling of the jury.
11 APRIL 1845, Friday
NEWS
BODMIN - On Wednesday, the 2nd instant, the foundation stone of a clock turret, about
to be erected on the site of the old butter market, at Bodmin, according to a plan
proposed by GEORGE WIGHTWICK, Esq., architect, Plymouth, was laid by Capt.
COLLINS, R.N., of Trewordale, who has munificently presented GBP 100 towards the
erection. The ceremony took place about two o'clock, the mayor and council, preceded
by the macebearers and a band of music, having previously gone to the place in
procession, from the Guildhall, accompanied by a numerous and respectable party of the
inhabitants. After laying the stone in due form, an appropriate speech was delivered by
the gallant captain, and the ceremonial concluded amidst the cheers of a large concourse
of persons. The council then went in procession to the Town Arms, and there partook of
an excellent dinner, prepared by Mr. GATTY in his usual well-known liberal style, at
which they were honoured with the company of Capt. Collins, and a most respectable
party of their fellow-townsmen. The mayor, JOHN BASSET COLLINS, Esq., presided
on the occasion, the usual loyal and appropriate toasts were drunk, and the evening spent
in the most perfect harmony. The clock turret is intended to be built wholly of granite, at
the expense of upwards of GBP 350, towards which the member for the borough, T. J. A.
ROBARTES, Esq., and other gentlemen have liberally subscribed; and when finished, it
will, doubtless, prove highly ornamental, and of great utility to the town.
FALMOUTH QUARTER SESSIONS = These sessions were held on Friday last, when,
there being no prisoner for trial, the Mayor presented the Recorder with a pair of white
gloves, at the same time remarking on the good order of the town, and the efficiency of
the police. The Recorder expressed his satisfaction at so favourable a state of the town,
and also bore testimony to the benefit resulting from the constant attention of the
constables in their duty, as a means of preventing the commission of offences, from an
impression of the certainty of detection which their vigilance induced.
PENZANCE QUARTER SESSIONS - On Saturday last, these sessions were held
before HERMAN MERIVALE, Esq., recorder, and the mayor and magistrates of the
borough. The following were the only cases for trial: WILLIAM ROBERTS, 25,
charged with stealing books and other articles from the dwelling-house of MR.
NICHOLAS TREMEWAN, in Clarence-street. The prisoner was found guilty on clear
evidence, and having been before convicted of felony, was sentenced to seven years'
transportation. JAMES PERMEWAN of St. Buryan, charged with having violently
assaulted JAMES RICHARDS, of the same parish. The case was heard at great length;
and the jury having returned a verdict of Guilty, the prisoner was fined GBP 5 and
discharged.
HELSTON EASTER QUARTER SESSIONS - On Monday last, these sessions were
held before HERMAN MERIVALE, Esq. the recorder, by adjournment from the 29th
ult., when JAMES BRISTOW, CATHERINE BRISTOW, SAMUEL CLARKE, and
ELLEN CLARKE were jointly indicted for having on the 15th day of February last, at
the said borough of Helston, unlawfully tendered and uttered a base and counterfeit half
crown, knowing the same to be false and counterfeit. The prisoners pleaded not guilty;
and, after the evidence had been laid before the court and jury, they were acquitted.
An appeal case was afterwards heard: the Churchwardens and Overseers of the poor of
the parish of Wendron appellants, and Churchwardens and Overseers of the poor of the
borough of Helston, respondents. The appeal was against an order for the removal of
MARY ANN PERRY, a pauper, and her male bastard child. Order confirmed, with
GBP 5 costs, subject to a case.
ST. IVES JUNCTION RAILWAY - On Friday last, this line, which is to connect the
port of St. Ives with the West Cornwall Railway, passed the committee of standing
orders.
CALLINGTON PRIZE MARKET - Notwithstanding the late severe weather, and the
consequent scarcity of provender, the supply of cattle at this market, on the 2nd instant,
was greater than usual. The fat cattle were superior to any exhibited on former occasions,
and sold at from 56s. to 60s. per cwt. The prizes were awarded as follows: 1st prize, a
silver cup, value GBP2.15s, for the best fat cow, to Mr. DAVEY, of Penhale; 2nd prize, a
silver cup, value GBP 1.15s., for second best cow, to MRS. DOIDGE, of Tre...den. 3rd
prize - a piece of plate to MR. JASPER, of North-hill.
SMUGGLING - On Saturday last, JAMES HUGHSON, landlord of the Dolphin Inn,
Falmouth, was examined before a bench of magistrates, upon a charge of smuggling. It
appeared that early in the morning of that day week, one of the preventive guard
observed a boat making toward the town pier from the harbour. He watched her, and
saw Hughson and another man land, at the southern end, a large bag of tobacco, and a
small lot of tea, about 30 lbs weight. Hughson then put the boat round to the northern
part of the quay, and moored her. In the meantime, the officer secured the contraband
goods, and took Hughson into custody immediately he quitted his boat. The other man
escaped. The charge being fully proved, Hughson was fined GBP100, in default of
which, he was sentenced to six months' imprisonment in the county gaol.
No Coroner's Inquests were included.
QUARTER SESSIONS
THE GRAND JURY
W. Petherick, St. Austell, Foreman
Edw. Browne, St. Austell
R.Carveth, St. Austell
R. Coom, Stratton
P. Clymo, Liskeard
W. D. Dodge, St. Austell
J. W. A. Drewe, Lanlivery
J. Geake, Launceston
Thomas Geake, St. Germans
T. Davey Gaved, St. Mewan
T. Hitchens, St. Austell
J. Hodge, St. Austell
J. Hicks, St. Columb Major
W. Jeffery, St. Germans
Joseph Morcom, St. Austell
W. Martyn, St. Columb Minor
John Puckey, St. Blazey
J. Rogers, St. Stephens by Saltash
S. Symons, St. Columb Minor
J. Thomson, Launceston
W. Veall, St. Columb Major
W. West, St. Blazey
The Queen's proclamation against vice and immorality was then read, after which the
chairman delivered the following charge: [he was sorry to commence his address with the
bad news that "the state of crime in the county afforded no subject of congratulation."
Since the last general sessions there had been, at the special general session and assizes,
and now to be tried, no fewer than eighty one prisoners.] Much of this crime was, no
doubt, owing to the ignorance that prevailed among the lower classes..
FLOORING OF THE ASYLUM - Mr. Kendall reported that in consequence of a very
strong feeling expressed by Mr. Tyerman against the use of lime-ash for flooring in the
asylum, the committee intended to lay down boards instead. The expense would be
rather serious, - perhaps GBP 300; but he hoped they would be able to meet it out of their
own resources. In order, however, to be secure, he gave notice that the committee would
apply next sessions for a grant of GBP 150 towards it.
THE COUNTY RATE [was discussed thoroughly, and the article included a petition
from Redruth and surrounding parishes, word for word. It has been omitted. Mr.
Paynter pointed out that 23 parishes set their own parochial rates, for which they were
valued more highly than for the county rate.]
TRIALS OF THE PRISONERS
The Court then proceeded with the trials of prisoners, of whom the number on the
calendar was nine, and most of them for trifling offences.
The grand jury ignored a bill against WILLIAM BAKER, committed by the mayor of
Truro, on a charge of stealing a ham, belonging to R. PLAYER, Truro, on the 3rd of April
last.
JANE ANDREW pleaded not guilty to a charge of stealing on the 21st of January last, a
quantity of straw belonging to J. PENBERTY MAGOR, Esq., of Brightor, in the parish
of Kew. From the evidence of George HAYNE, hind at Brightor, it appeared that he
and another had scattered some straw, on the 21st of January last, on a lane near the farm,
to facilitate its conversion to manure; and about half an hour afterwards the prisoner
lifted up a handful and carried it away, when the witness bade her throw it down again,
which she did. In the cross-examination of Hayne, it was found that the road was a
public one, kept in repair by the way-wardens; and not the property of Mr. Magor, as
alleged in the indictment, which was thought sufficient by the chairman to overturn the
case. The jury, therefore, according to his directions, Acquitted the prisoner.
MARTHA TRIGGS, 35, was charged with having stolen, on the 10th of January last, at
the parish of Madron, a printed cotton gown, the property of JOHN JENKIN, and
pleaded not guilty. From the evidence it appeared that on the day in question, Mrs.
Jenkin, the wife of the prosecutor, put out a gown with some other articles of apparel to
dry, in a field near her house, and that she missed the gown about one o'clock in the
afternoon. The prisoner was met about half-past twelve o'clock by RICHARD
COLENSO, about twenty yards from the field alluded to, carrying a basket and a bundle
in it. Constable BRAY, at Madron, afterwards found the gown in prisoner's house, and
she made the excuse that some person had given it to her, and added, that she had not
been near prosecutor's house for three months. Guilty. Two Months' hard labour.
JOHN SEMMENS, 33, pleaded not guilty to a charge of having stolen a ram sheep, the
property of CHARLES COSTENTINE, farmer, at St. Winnow. The prisoner pleaded
not guilty. The prosecutor, on the evening of Saturday, the 9th of March last, left a ram
with some sheep in a field, and next morning found that it had been killed during the
night, and the carcase taken away, with the exception of the skin and head. JOHN
SIMMONS, constable, and his son, found, on the Sunday week following, a neck of
mutton boiling in prisoner's house, and also some mutton suet. Prisoner is a miner, and
was then joint tributer in Restormel moor, near Lostwithiel, with J. HAMBLY and J.
HANCOCK. Near their pitch the constable dug up a sack containing one fore and one
hind quarter of a ram, and found almost all the other two quarters concealed in Hancock's
garden. Two butchers proved that all these pieces corresponded so exactly with the skin
and neck o the slaughtered ram, that neither they nor the prosecutor had any doubt as to
their identity. It appeared that Hancock and Hambly had taken to themselves the giant-
killer's shoes of swiftness and coat of darkness; in other words, escaped the constable by
fleeing the country. A verdict of Guilty was returned, and a former conviction was
proved against the prisoner. Fifteen years' transportation.
THOMAS JAMES, 14, charged with having stolen, on the 28th of March last, a door key
and piece of cord, the property of JOHN BANFIELD, St. Martin, pleaded not guilty.
On the articles being missed, the boy was persuaded to yield them up on pain of "the
conjuror" being brought to him by his master, the prosecutor - himself as little like a
conjuror as may be. Guilty. One months' hard labour, and once privately whipped.
JAMES UREN, was charged with having stolen, on the 29th or 30th of March last, three
sheaves of barley, belonging to MATTHEW BERRIMAN, farmer, near St. Ives, and
pleaded not guilty. It appeared that the prosecutor, on the morning of the 30th of March,
missed some sheaves of barley from his mowhay, and suspecting they had been stolen by
the prisoner, went with his son and a constable to his house. They found him in his
stable, and on the constable, who had no warrant, telling the object of his visit, and
requesting permission to search his premises, he made them welcome to look wherever
they liked. They went up to a loft above the stable, and there found three barley sheaves
in a sack, which prosecutor immediately said were his own. In cross-examination,
Berriman admitted that, whilst he knew the sheaves from the superior quality to be his, he
would not have sworn to them had they been shown to him at a distance. Not Guilty.
The court then adjourned till Wednesday morning.
WEDNESDAY, APRIL 9
RICHARD SKINNER, 23, pleaded not guilty to a charge of having stolen two fowls,
between the 29th and 30th of March, the property of Richard LYNE, farmer, at Maker. [
Prosecutor missed nine of his fowls on the 31st. A constable then searched and found
prisoner in a poultry shop in Devonport with two dead fowls in a basket, which constable
thought were stolen. Prisoner said he lived in Rame and was sent to sell the birds by his
father. Prosecutor identified fowls by marks on the combs; corroborated by a labourer.
On cross-examination, prosecutor's father was the occupier of the farm until a fortnight
ago, when he died without a will, and no letters of administration had been taken out by
anyone. Prosecutor's mother lived with him.]
[Defense objected to the indictment, as the father owned the birds, not the son or wife.]
Prosecutor testified the two fowls were from birds he had purchased four years ago; the
court overruled the objection. Verdict, Guilty. Another charge of stealing a shovel was
not entered upon; a former conviction was proved against him. Six Months' hard labour.
JAMES DAVEY, 14, was charged with having stolen, on the 2nd of April last, 25 lbs of
coals, the property of STEPHEN DAVEY, Esq., and others, adventurers in the
Consolidated mines. He pleaded not guilty. THOMAS VERRAN, engine-man at
Bawdin engine in the Consolidated mine, met the prisoner coming through the yard in
which coals were kept for the engine, carrying a sack. On seeing Verran, the boy threw
down the sack, which was found to contain coals, and ran back and got over the yard
wall. He was overtaken and seized, and said that he had taken the coals for his mother,
who had none to make a fire with. CAPTAIN HITCHINS proved the coals were the
property of the adventurers. Guilty. One months' hard labour, and once privately
whipped.
JOHN MIDLAND, 23, pleaded not guilty to a charge of having stolen, on the 20th of
January last, part of a brass tap, weighing three pounds, the property of JOHN SCOTT,
inn-keeper at Launceston. The prosecutor stated that the courtlage on his premises
formed a thoroughfare to a back lane called the castle-ditch. There was a cask of water in
the yard, and one evening, about the middle of January, he found the water rushing out
of it. He found the tap was out, and the plug lying underneath, but could see nothing of
the shank. He then gave information to the shopkeepers in the town who were in the
habit of buying old brass. Between eight and nine o'clock on the morning of the 25th of
March, the prisoner called on MR. SIMS, one of those shopkeepers, and offered him a
brass tap for sale in broken pieces, which raised his suspicion, and he consequently
declined purchasing it, and gave information to MR. SCOTT. The same pieces were
brought to him an hour afterwards by R. MINERS, a dealer in rags, brass, &c. Miners, it
appeared, had been at the Bell Inn, where he saw two lads drinking, one the prisoner and
the other named PEARDON; the latter called him out and asked if he would buy any old
brass, and on his replying affirmatively, went in and then came out carrying the brass in
his hand which Miners took immediately to Sims; and on Sims refusing to buy it went
back and returned it to Peardon, who gave it to the prisoner. The prisoner was afterwards
apprehended by JOHN HICKS, a constable, who took him to Scott's, where the bits of
brass were found upon him; and on putting them into their proper places it was found that
the plug fitted them exactly, so that, with the whole appearance of it, there was no doubt
on the prosecutor's mind that the whole was his stolen property.
GEORGE HARWOOD, plumber, Launceston, fitted the broken pieces together, and
gave a strong opinion that the shank so made up belonged to the plug produced by the
prosecutor. It appeared that a woman lived in a lane near the Castle-ditch, in a bad
neighbourhood, till about two weeks or more after Christmas, up to which period prisoner
frequented her house; and also that Peardon, who had absconded, was in the habit of
getting drink in the prosecutor's house, and in his speech for the defence Mr. John
insisted on this fact as tending to fix the theft upon him, more than the mere frequenting
of the aforesaid lane could fix it upon the prisoner. The prisoner's master, a watchmaker
at Launceston, under whom e had worked for five years, gave him an unexceptional
character for honesty. The following verdict was returned - Guilty of stealing in
connection with another person who has left the country. Two months' hard labour.
COUNTY BUSINESS
The Court resumed the county business, when it was agreed that GBP 5 should be added
to Mr. MOORMAN's salary, instead of extras.
[It was agreed that the inspector of weights and measures for the eastern division should
attend with the standard weights at Stratton, on April 29, 30th, May 1st, and 2nd; Week St.
Mary, May 5th and 6th; Camelford, May 7th, 8th, 9th, and 10th; Callington, May 27th, 28th,
29th, and 30th; St. Germans, June 2nd, 3rd, 4th and 5th; Saltash, June 7th, 8th, 9th and 10th.
They also required him to be in attendance in his office at Lostwithiel on the first Friday
of each month from twelve to four o'clock.] All fees to be registered and handed over to
the Clerk of the Peace. His expenses per day were GBP 1, 10s., and for assistant, cart
and horse, 15s. The Chairman said it was intended to do away with the divisional
inspectors, and place the whole of their business in the hands of the two county
examiners.
APPEALS - [only appeals with more than lawyer's names are shown.]
WENDRON appellant; REDRUTH, respondent. [This was an appeal against an order of
removal of a pauper named JOHN MOYLE, from Redruth to Wendron. The disposal of
the case finally stood upon the merits. The pauper, who is 57 years of age, testified his
parents occupied a farm named Lisraywarthen, in Wendron parish, at the rent of GBP 12
a year, and that after his father's death, his mother and brother-in-law, STEPHEN
MOYLE, retained the farm. After the mother's death, the pauper and Stephen Moyle
held the farm together, dividing the entire produce, but without any contract. Stephen
Moyle paid GBP 6.10s. to the pauper, as his portion of the rent, and pauper paid the
whole to the landlord. Pauper continued in the farm for about eight or ten years, when he
had to give it up to his brother, being unable to take up a deed. The court decided that
there was no settlement; common costs, and no maintenance.
JOHN THOMPSON, appellant; CATHARINE HARDINGE, respondent - Mr.
SHILSON and MR,. CHILDS for appellant; Mr. HOCKIN and MR. LYNE for
respondent. This was an appeal against the order by the Justices of Liskeard, for the
maintenance of a bastard child. {Appeal objected that in the order, it was not stated that
the evidence of respondent before the magistrates was not corroborated in material points
by other testimony on oath.] Order quashed, without costs.
NEW POWDER MILL NEAR HEROD'S FOOT - Mr. HOCKIN and MR. ANSTIS
applied for a licence to erect a powder mill in a space between Canakey and Burton
Woods, on the boundary between the parishes of Lanteath and St. Pinnock, [on land
owned by Sir W. TRELAWNY and Sir T. LETHBRIDGE, who have given their
consent. It was opposed by the canal company, on the ground that there was no necessity
for another mill.] The court granted the application.
There was no further business, and the court adjourned.
18 APRIL 1845, Friday
OYSTER FISHERY IN FALMOUTH HARBOUR - A meeting of the Town Council
and other inhabitants of Falmouth and its vicinity, at which the Mayor presided, was held
in the Guildhall there, on Thursday, the 10th instant, to take into consideration the present
state and prospects of this fishery, the beds of which, from the number of smacks now
sent down from the east to dredge oysters, are threatened with serious injury, and if the
dredging be persisted in during the approaching summer months, which comprise the
brooding season, they will be inevitably destroyed, and our oyster dredgers ruined.
Applications were made last year to the Board of Trade, for a short bill, embodying a few
clauses of the convention act passed about five years since, for the regulation of the
channel fisheries; but some opposition was manifested by the representatives of the
Kentish and Essex fisheries, and this desirable object was not accomplished. [Mr.
ALFRED FOX read some extracts of letters to Sir ANTHONY TERIER and others. Mr.
BOYNE of St. Mawen contributed data he gathered from owners of the beaches around
the shores of the harbour, who agreed to appropriate those beaches entirely to the native
oyster dredgers, excluding the eastern men, the native dredgers agreeing not to take
brood oysters. However, smacks from Rochester, Colchester, and other places now come
down in such numbers, and dredge for themselves and take oysters of all sizes, brood and
all, to such an extent, that it is feared the fishery will speedily be annihilated. The
meeting resolved to send a petition to the House of Commons, to be presented by Sir
Charles Lemon, to prevent all dredging in the spawning months of May, June and July.]
It is to be hoped that other towns, such as Penryn and Truro, will cooperate in this
laudable essay to sustain our local fishery in the harbour.
DESTRUCTIVE FIRE - On Wednesday night, the 2nd inst., as a young man named
GEORGE MAY was thrashing in a barn at Trecaminian, in the parish of Morvah, it is
thought that he must have fallen asleep, and that the candle he had with him fell among
the straw and set the building on fire. Two barns, one dwelling-house, and about thirty
bushels of barley were destroyed; but, we believe the damage as to the buildings is
covered by insurance. The young man was so much frightened that he ran a distance of
ten miles, and did not return to his dwelling until the next day about noon.
BODMIN - On Tuesday night last, about eleven o'clock, as some persons were passing
through the Fore-street on their return from Camelford market, they found a quantity of
smoke issuing from the dwelling-house of Mr. WILLIAM STEVENS, horse dealer, and
on breaking open the door, it was discovered that the bed-room of the servant girl, in
which were also two children, was on fire. Very prompt assistance was at hand, and with
a good supply of water from an adjoining house, the fire was confined to the room in
which it originated. The servant and children escaped without injury. The beds and
bedding, and all the clothes in the room were, however, destroyed, and but for the
unexpected supply of water, the whole of the premises must have been burnt to the
ground. It is supposed the fire originated by the servant falling asleep without
extinguishing the candle, which being placed near the bed, must have ignited the curtains.
PROBUS - On Tuesday morning last, a fire was discovered in the thatch of the
dwelling-house of ANN JENKIN, on the Green, which is supposed to have been
occasioned by the soot having ignited, and then communicated through an aperture in the
wall to the thatch. It was, however, extinguished without doing much injury. Early on
Wednesday morning, the house of THOMAS TIPPETT, a labourer, also in the Green,
was discovered to be on fire under similar circumstances; but by the prompt assistance of
the neighbours, the fire was soon got under. Had the wind continued as high as it was on
Tuesday, the whole premises mush have been destroyed.
SALTASH - On Wednesday se'nnight, JOHN B. ROWSE, late engineer of the "Prince
of Wales," steamer, plying between this town and Calstock, was charged before WM.
HUCHINSON, Esq., mayor, with having, on Saturday, the 5th instant, willfully and
feloniously removed a part of the machinery of the engine, with intent to injure and retard
the speed of that vessel, and bring her into public disrepute. Several witnesses were
examined by Mr. Chapman, solicitor, on the part of the prosecution, and the prisoner was
fully committed to take his trial for the felony at the ensuing quarter sessions for the
borough. On Monday last the sessions were held, when the prisoner was tired, and found
guilty. The recorder sentenced him to three months' imprisonment.
FAST TRAVELLING - As an instance of the extraordinary facility of communication
between this town and the metropolis, we have authority for stating that yesterday
(Friday) a gentleman left London by the Great Western at half-past nine, A.M., stopped
ten minutes at Exeter, and reached Devonport, by the Tally-ho, at five minutes past
seven, P.M. thus performing the entire distance in little more than NINE HOURS!!
(Devonport paper)
PLYMOUTH HUMANE SOCIETY - On Wednesday se'nnight, a quarterly meeting of
this society was held at the Royal Hotel, Plymouth, when three persons were rewarded by
the committee for their exertions in saving from drowning their fellow creatures. The
committee awarded to JAMES HORSEMAN, serving on board H.M.S. "Caledonia,"
who jumped from the ship's side, at the risk of his own life, and rescued JOHN RILEY,
a first class boy who accidentally fell through the entry port of the same ship, at a time
when the tide was running very high; the sum of ten shillings, together with the society's
bronze medal.
CORONER'S INQUEST - On Thursday, the 17th instant, an inquest was held in
Kenwyn parish, before J. CARLYON, Esq., coroner, on the body of ___ MANLEY,
aged 19 years, who fell from a ladder as he was going to work on Wednesday afternoon,
in Wheal Henry mine, and was so seriously injured that he died shortly after being taken
to his home. Verdict, Accidental Death.
25 APRIL 1845, Friday
LOCAL INTELLIGENCE
PROVIDENT CLERKS' MUTUAL BENEFIT ASSOCIATION - We are glad to find from an
advertisement in another column, that an institution of this kind has been formed, and it is not a little
gratifying to learn from the last annual report, that in some instances principals have marked their special
appreciation of the services of those in their employ by insuring their lives for the benefit, at their decease,
of their widows and families, and continuing the payment of the premiums annually. If this system of
rewarding merit and zealous services were generally adopted, it would operate as a stimulus to future
exertions, and prove of essential benefit to many families, who, otherwise, by the decease of a husband or
parent, would be involved in poverty and distress.
WESLEYAN MISSIONS - St. Austell - On Monday last, the annual meeting of the St. Austell branch of
the Wesleyan missionary society was held, and as the day was fine, it drew together a vast concourse of
people. Preparatory sermons were delivered on Sunday last - in the morning, by the Rev. Mr. SMITH, of
Falmouth, to a large and attentive congregation; and in the evening, by the Rev. JOHN RATTENBURY, of
Manchester, one of the deputation. Although the chapel is a capacious building, it was crowded in every
part, and many were obliged to go elsewhere, not being able to get inside the door. On Monday afternoon,
the Rev. Mr. SAMUEL, the other member of the deputation, delivered an excellent sermon to a crowded
congregation; and at six o'clock in the evening, the public meeting commenced by singing a hymn, after
which a prayer was offered up by the Rev. Mr. PRIOR, the Bible Christian minister, of St. Austell. The
Rev. Mr. WHITEHOUSE was then called on to fill the chair, and having opened the meeting in a very able
and appropriate speech, was followed by the Rev. J. COPE, Independent minister, and Messrs.
RATTENBURY, SAMUEL, and other ministers. There was a public breakfast on Tuesday morning, at 2s.
each, which was well attended; and after breakfast the Rev. J. Rattenbury addressed the company. The
whole of the collection amounted to GBP 74.16s.8d., being GBP 18.8s in advance of last year.
CALLINGTON - The old Wesleyan Chapel, in this town, being small and inconvenient, a new one has
been erected, and the religious services in connexion with its opening have just been concluded. The Rev.
J. Rattenbury, of Manchester, and the Rev. THOMAS WOOD, of Bodmin, officiated on the first day, April
10th; the Rev. S. W. CHRISTOPHERS, of St. Austell, preached on the following Sunday; and the Rev. H.
FISH, A.M., of London, on Sunday last, concluded the opening services. The chapel is a neat and elegant
structure, quite an ornament to the town, and the services were very numerously attended. The collections
obtained after the various sermons amounted to GBP167, exclusive of subscriptions contributed previous
to the opening. Every sitting has been taken, and many persons who wished to occupy pews have been
unable to obtain accommodation.
PERRANWELL - The members of the Wesleyan Society in this place, who are chiefly labouring men,
have lately made an extra effort to lessen the debt on their chapel. Special sermons were preached on the
occasion, at which the collection amounted to upwards of GBP20.
FOWEY - The "Friendship," pilot boat of Falmouth, No. 9, landed here on Saturday last, several
passengers from the "Calcutta," one hundred days from Hobart Town, all well.
LIFE INSURANCE - The benefit to be derived from these valuable institutions, when parties make a
judicious selection, has been shown in the case of the recently deceased Mr. JOHN PARNALL, of St.
Austell, whose life had been insured in the Provident Life Office, for GBP 450, which sum, with a bonus of
GBP198.1s.10d., making together GBP 648.1s.10d, has been received through the hands of the agent, Mr.
E. BROWNE, St. Austell.
SUB-DISTRIBUTORSHIP OF STAMPS - Mr. GUY GUY, druggist, has been appointed to succeed the late
MR. DOBB, as sub-distributor of Stamps for the Helston district.
LISKEARD - Mr. WOMBWELL's collection of wild beasts and birds has been very attractive here for
several days; the receipts on Saturday last (market day) were GBP 140.
LARGE PIG - On the 17th instant, a pig was slaughtered at the barton of Lanner, in the parish of St. Allen,
which weighed 668 lbs. This immense animal was fed in sixteen weeks, and was only one year and ten
months old.
DESTRUCTIVE FIRE -- On Thursday, the 17th instant, a fire broke out a little before noon, in the parish
of Boconnoc, occasioned by some burning peat which communicated with the heath by means of some
loose furze. It was discovered immediately by a labourer, who was engaged close by, but finding his
efforts to extinguish it ineffectual, he ran off and gave the alarm, when 250 labourers, who were engaged
in and around the park, were promptly on the spot; but by this time the fire had spread, and was rapidly
making its way in all directions, aided by a brisk wind. The heath being covered by dry furze, intermingled
with thick long grass from three to four feet high, of the most combustible nature, all their efforts to beat it
down, aided by a large number of women and boys, were ineffectual, and they were obliged constantly to
retreat before it as it rapidly advanced into the adjoining parish of Broadoak. The appearance at this time
was awfully grand - a complete sea of fire spreading wider and wider, here and there shooting up into tall
spires and followed by dense volumes of smoke, while the sparks caused by the wind, immediately on
dropping would burst into flames some distance in advance. At length, under the directions of the head
gardener, by means of trenching a long way in advance of the moving flames, their progress was arrested
in one direction. Fortunately, its rapid approach to the obelisk, which stands at the head of the park, was
checked by a carriage road, otherwise, from the great quantity of combustible underwood which runs from
thence down through the park, it is evident that a very large proportion of this noble domain, containing
some thousands of majestic trees, would have fallen a sacrifice. Great fears were at one time entertained
for the safety of Broadoak church; but, fortunately, a wide road interposed in that direction. The fire
extended nearly a mile from where it originated, and upwards of 200 acres present a blackened desolated
appearance. One young plantation and part of another were consumed; even the hedges presented no
barrier to the progress of the flames, several hundred yards being completely destroyed. In the evening, the
persons engaged in extinguishing the fire were liberally rewarded by the HON. G. FORTESCUE, the
proprietor.
FIRE AT PERRAN WHARF - On Monday morning last, between two and three o'clock, the inhabitants
of this village were alarmed by cries of "Fire", which had broken out in the extensive Iron Works of Perran
Foundry, and which for a time, it was feared, would have extended to the whole premises; but by the
active exertions of the agents and workmen, it was confined to that part of the works where it originated,
and the total loss to the company is not likely to exceed GBP 500. The inconvenience arising to the
concern is, however, very great, as the whole of the patterns for large "pit work," beams, and other
castings, are entirely destroyed. The cause of the fire is very mysterious.
FATAL ACCIDENT - On Friday evening last, ROBERT WHITE, carpenter, of Lostwithiel, who had been
working at Lanhydrock, the seat of T. J. AGAR ROBARTES, Esq., fell off a timber waggon, on which he
was riding, on Bodmin hill, and was killed on the spot. Gilbert HAMLEY, Esq., held a coroner's inquest on
the following day: Verdict, accidental death.
CORONERS' INQUESTS - On Thursday, the 17th instant, an inquest was held by Mr. HAMLEY, in the
village of Trefrew, near Camelford, on the body of MARY ANN, daughter of JOHN BATE, labourer, aged
three years, who was burnt to death by her clothes catching fire during the short absence of her mother for
water. Every part of the child's clothing was consumed, except the shoes and socks. Verdict accordingly.
On Saturday last, an inquest was held before W. HICHENS, Esq., coroner, at St. Hilary, on the body of a
child named CATHARINE EVA, aged between two and three years, who met with her death on the
preceding day by her clothes taking fire during the absence of her mother from her own house to the house
of her neighbour for about five minutes. Verdict, accidentally burnt.
LEGAL INTELLIGENCE Exeter District Bankruptcy Court
Re JAMES STEPHENS. The insolvent had been a farmer at Mawgan, Cornwall, and came up for his final
order. He was examined by MR. STOGDON as to a bill of sale, given to his landlord, of all his property in
July last. A sale took place in October. He was to receive GBP 20; he received four five pound notes, but
he paid them back again towards the rent, after holding them a few days. He got no receipt for the money.
The bill of sale stated that he owed to his landlord GBP 210 on notes, with interest. He was now working as
a common labourer. His crops had been damaged by rabbits to the amount of GBP 75 in the last year,
and the landlord refused to allow more than GBP 2, on fourteen acres of wheat, as consideration. Final
order Granted.