HOW OLD PLATS[?] WERE WORKED - At the Exeter District Bankruptcy Court,
on Thursday, the 27th ult., His Honour the Commissioner, said he had received a letter
from MR. MINER, who had been made bankrupt some years since, complaining that he
could obtain no information as to the proceeds of his estate, or what had become of the
assets. He had directed him to attend, and he was now present. Mr. Miner said that
about the year 1830, he took a public house, and some land at Truro. He paid GBP 400
down on condition of having a lease for fourteen years, at GBP 30 per year rent, the
property being worth GBP 60 per year. Before he had occupied twelve months, he was
arrested for a debt of GBP20, and while he was in prison declared a bankrupt, the
messenger under the fiat taking possession of the property, including a sum of GBP
145.15s.6d. in cash. He could get no account as to the assets, and no dividend had been
paid. (On examining the fiat proceedings, this was a mistake; a dividend of 2s. in the
pound had been paid.) Bankrupt had borrowed the money to obtain the lease of his
father; the lease had since been in the possession of Mr. LAMBE, of Truro, who worked
the fiat. The bankrupt, who seemed very earnest in his statement, said he had never had
his certificate, it was no use to him now, he came there to get justice, he was a robbed
man. His Honour went over the different papers, and observed that the amount of cash
returned as seized by the messenger was GBP 129.17s.; he remarked on the recklessness
and extravagance of some of the charges - for sending a messenger down, upwards of
GBP 12 was charged, and for keeping possession above GBP 11, and it did not appear
what had become of the balance of proceeds. Bankrupt said if Mr. W. D. MOORE had
been present, his case would have been much clearer, as he was in possession of his
papers. Mr. HIRTZEL said that Mr. Moore was out of town, but would be present the
next day, and the case was adjourned to that day at one o'clock.
TRIBUTE OF RESPECT TO A DECEASED CLERGYMAN - A handsome
monument has been recently erected in Lanlivery Church, in this county, to the memory
of a faithful and valued minister, by a grateful and attached flock, bearing the following
inscription: -
"Sacred to the memory of NICOLAS KENDALL, M.A., Clerk, (youngest son of Nicolas
Kendall, M.A., of Pelyn), Vicar of Lanlivery, and Talland, and for many years Perpetual
Curate of Lanhydrock; born September 30th, 1782; departed April 29th, 1844. During a
ministry of forty years he endeared himself to his parishioners by his piety, Christian
benevolence, and zealous discharge of the duties of his sacred calling; and while he
faithfully proclaimed the gospel as the power of God, unto salvation, to every one that
believeth, his own undivided trust, both in life and death, was reposed in the merits of
the Redeemer. The inhabitants of this parish and neighbourhood, deploring their loss,
have caused this monument to be erected to the memory of their late Pastor and Friend,
as a grateful tribute of respect and affection."
The monument, which is of Caen stone, perpendicular Gothic, and inclosing a marble
slab, is the work of Mr. PEARCE, Sen. statuary, of Truro.
THE LATE LIEUT. MOLESWORTH - Mr. ROWE, the statuary of St. Sidwell's,
Exeter, has just completed a very handsome mural tablet, in the form of an ornamental
niche, in the English style of architecture, and enclosing a marble slab, to the memory of
Lieut. Molesworth, and five seamen of H.M.S. "Cleopatra," who were killed in March,
1844, by savages off the coast of Madagascar. It will shortly be erected in the church of
St. Breock, in this county, of which Lieut. Molesworth's father is the rector.
FIDELITY REWARDED - It is gratifying to record an instance of kindness and
liberality on the part of an employer towards an old and faithful servant. GEORGE
SIMMONS, Esquire, of Trevella, has lately bestowed a handsome annuity on Mr. JOHN
BILKEY, late of Merther, as a reward for his long and faithful services, as manager of his
estate in that parish. The inhabitants of Merther and its vicinity have also testified their
high sense of MR. BILKEY's estimable character and neighbourly conduct during his
many years residence among them, by presenting him with a piece of plate suitably
inscribed, on his departure from the parish.
BODMIN - In consequence of the failure of the potatoe crop, the town council of this
borough have resolved to remit the toll on corn brought into the market, for one year.
FISHERIES - St. Ives - On Friday last, Tremearne and Co. caught about 80 hogsheads
of fine herrings; and on Saturday Ruth Co. also enclosed a fine shoal, but owing to the
spring tides the sean was very much damaged, and only 100 hogsheads were saved. The
fish inclosed here on the 25th ult. are nearly all landed, being about 8,000 hogsheads. On
Tuesday the same parties caught a shoal of about 1,000 hogsheads, but in consequence of
the high spring tides and heavy ground seas, only 200 hogsheads were saved.
Mount's Bay - ...large quantities of fish were seen passing through the bay, but their
course was too deep for the seans on the western shore. On the eastern shore, three seans
were shot, but in consequence of the nets splitting, they lost the fish. On the following
day, several shoals again came in, when other seans were shot and enclosed a large
quantity of fish. Owing to the boisterous state of the weather, the greater part escaped,
and from the whole only about 700 hogsheads were brought on shore.
Fowey - No pilchards have been taken here for sometime past; but the salmon fishery
has been successful, and fine fish are selling at 4d. per lb.
NARROW ESCAPE OF A BOAT'S CREW - Soon after daylight, on Friday last, four
of the crew of the brig "Mary," CAPTAIN PEAK, then lying at Hayle, got into the ship's
boat for the purpose of proceeding to St. Ives. Before, however, reaching Hayle Bar, two
of the men, who were natives of Hayle, observed the heavy sea that was on the bar, and
refused to proceed further; they also urged their companions, who were strangers to the
place, to return, but could not prevail upon them to do so. The two Hayle men were then
landed on the beach near Lelant, while their dauntless companions pulled towards their
destination. When they arrived at the bar, however, a heavy sea swamped the boat, and
washed them overboard. This was witnessed by the two men just before landed, and
they immediately gave the alarm; but nearly an hour had elapsed before assistance could
be rendered, when one of the driving boats in the bay, belonging to St. Ives, reached the
spot, and rescued the poor fellows from a watery grave. They had succeeded in regaining
their boat, which was bottom upwards, and to which they held on until rescued from their
perilous situation. Being in a very exhausted state, they were taken to St. Ives, where
medical aid and kind treatment soon restored them.
ACCIDENT AT SEA - CAPTAIN STEER, of the brigantine "Albion," of Exeter, was
drowned on Tuesday night, off the Longships. The vessel was homeward bound from
Newfoundland to Plymouth, with a cargo of fish, &c.; the last time the captain was seen
by the crew, he was standing on the taffrail, looking out and giving directions. They
missed him shortly afterwards, but are ignorant of the precise moment when he lost his
life. They, however, conjectured that he must have been struck and washed away by one
of the tremendous seas they encountered about that time.
FIRE - A fire broke out on Monday morning last, at a house in St. Clement-street, Truro,
but, happily, it was soon extinguished without the use of the fire-engines. A poor old
woman, named BETTY WHITE, nearly ninety years of age and occupying but one room,
kept a quantity of shavings near her bed, over which was placed a tub containing some
dry sticks. About one o'clock in the morning, according to the old woman's statement,
the candle fell out of the candlestick upon these shavings, which instantly ignited; and
being very feeble, the smoke so overpowered her that she could not call for assistance. A
tenant occupying another part of the house, however, smelt the fire, and alarmed two
other persons who lived in the same dwelling. Several of the neighbours then came in,
but could with difficulty enter the room through the dense smoke; they, however,
succeeded at length in extinguishing the fire by throwing water upon it. The poor old
woman was taken to the Union-house the same day, where she died the next evening; she
was not burnt, but was greatly frightened by the breaking out of the fire.
SWINDLING - On Monday last, a woman called at the shop of Mr. JAMES, draper, St.
Nicholas-street, Truro, and said she had been sent by MRS. GUNDRY, of the Queen's
Head, who was in want of some stockings. Four pairs were immediately given her for
Mrs. Gundry to make her choice, and the woman left the shop with them. On the same
day, a woman (the same, it is presumed) called at the shop of Mr. RENFREE, in Duke-
street, and said that Mrs. Gundry wanted some shoes. Three pairs were given her, with
which she departed, and nothing more was thought of the matter till on Tuesday the
shopkeepers sent to inquire if Mrs. Gundry intended to keep all the articles, when they
were informed that Mrs. Gundry had given no directions to any person to call at their
shops. The delinquent has thus carried off the goods, and, we believe, has not yet been
discovered.
FATAL MINE ACCIDENT - On Thursday, the 27th ult., as three men were at work
underground at Wheal Gover mine, in the parish of Saint Mewan, the ground fell in on
them, and completely buried them. Immediate assistance was rendered, and in about a
quarter of an hour one of them, named WILLIAM RICKARD, was dug out alive, but
dreadfully bruised, and he now lies in a dangerous state. The other two were not dug out
until after the lapse of two hours and a half, when both of them were found to be dead.
The names of these unfortunate men were ROBERT THOMAS of St. Austell, aged 58
years, who leaves a wife and two small children; and WILLIAM THOMAS, of St.
Austell, aged 47 years, who leaves a wife and five children.
FATAL ACCIDENT - On Friday last, as a man named DAVID EDDY was driving a
waggon loaded with coals from Penzance to Levant mine, he by some means fell, when
within the limits of the mine, and was found in a state of insensibility between the fore
and hind wheels, of the waggon. He was taken to his home alive, but expired the next
morning.
NOTICE
ALL PERSONS INDEBTED to the ESTATE OF ELIZABETH BORLASE, late of
Fowey, in the County of Cornwall, Innkeeper, deceased, are requested to pay forthwith
their respective debts to JOHN BATE, of Fowey, aforesaid, Postmaster.
And all Persons to whom the said Elizabeth Borlase stood indebted at the time of her
decease, are requested to send their accounts to the said JOHN BATE, forthwith, that the
same may be examined.
JOHN BATE,. Trustee to the said Estate.
Dated Fowey, December 3, 1845
INSOLVENT DEBTORS' COURT
A Court for the relief of insolvent debtors was held in the County Hall, Bodmin, on
Thursday, the 27th ult., before John Greathed Harris, Esq., commissioner. There were
only five insolvents' cases for examination.
WILLIAM SYMONDS, farmer, of Phillack, was arrested for the sum of GBP40.8s., at
the suit of RICHARD NICHOLLS of Phillack. This case was heard before the last
commissioner, when the insolvent was ordered to be discharged on paying into the court
the sum of GBP 28, which it was stated, remained in the hands of Mr. SODDY, the
auctioneer, who sold his goods. The Commissioner now said that it did not appear upon
the schedule that the money remained in Mr. Soddy's possession, and before it did he
should not swear the insolvent. He should require some proof respecting that money.
FRANCIS SYMONDS, brother of the insolvent, was then sworn and deposed that from
the proceeds of the sale, GBP 27.11s. 8d. were left in the hands of Mr. Soddy; the
insolvent's wife and five children now lived in a house belonging to witness at Hayle.
The learned Commissioner said if the money had been paid into court at the last sitting, as
it ought to have been, the insolvent might have been discharged four months ago. As the
case now stood he must take the judgment of the court, and be released from custody at a
period not exceeding six months from the date of the vesting order.
THOMAS PEARCE, of St. Cleer, miner, who was attached and imprisoned for contempt
of the Court of Stannaries, applied to be released under the provisions of the act. This
being the first case of the kind ever brought before the Insolvent Debtors' Court, the
hearing of it excited some interest. It appeared that the insolvent had been sued in the
Stannaries Court, by Mr. JAMES JAGO, the purser of Liskeard Consols, for the sum of
GBP 10, being two calls on one share in that mine. A verdict was given for the plaintiff,
through which, by the costs incurred, and proceedings in connexion with the suit, the
defendant was rendered liable to the sum of GBP 22.5s.6d. He was ordered to pay this
sum within six days, but failing therein, was attached for contempt of order. On being
personally served in August last, he had not shewed cause why process of contempt
should not issue against him; process was therefore issued and he was committed. The
learned Commissioner observed that it appeared the defendant was committed not only
for a contempt of court, but for non-payment of costs. Mr. ANSTIS (who appeared for
Mr. James Jago) said the party had been brought up before the Vice-Warden and was
examined and again committed, at the last sittings on the 12th of November. The
Commissioner said that having petitioned this court, he did not see what power the Vice-
Warden had to interfere with him. He said this with great deference to the learned
person who presided in that court. Mr. Anstis then stated that he should oppose the
discharge of the petitioner, on the ground that he had not set out the whole of his
property in his schedule. He then examined the insolvent at some length, who averred
that he was quite sure his name did not stand in the cost book of Wheal Trelawny or
Wheal Mary Ann. His brother had purchased shares in those mines, but he held no part
of the interest in them with his brother. He had two shares in West Caradon Consols, but
they were of no value - at least, he could make nothing of them. He recollected having
some conversation with Mr. Jago, the purser, respecting his liability to calls, but never told
him he was owed GBP 50 at that time; he said GBP 15. James Jago, the purser of
Liskeard Consols, said he had several conversations with Mr. Pearce respecting the
payment of his calls, and recollected Pearce stating that a relative of his living at
Devonport, owed him about GBP 50, and he wanted to know how to recover the money.
When he was arrested, his two brothers offered to pay GBP 5 each in discharge of the
calls and costs of the case, in order to get him out of prison. As, however, there were
similar proceedings against other adventurers, witness thought it not prudent to accept the
offer. RICHARD COOK, a labourer at Liskeard, deposed that he had heard Thomas
Pearce say he had the same interest in Wheal Trelawney as his brother. JOSIAH
PEARCE, the brother of the insolvent, was then called, and positively denied that his
brother had any interest with him in Wheal Trelawny; which testimony was corroborated
by JOHN COOK, a hatter at Liskeard, who sold the share in Wheal Trelawny to Josiah
Pearce. The Commissioner here enquired if there were no documents which certified the
transfer of shares in mines. Two or three forms of transfers were then handed up to him,
on examining which his Honour said that in future any question of share-holdership must
be decided by the production of those documents; if he had been aware of their
existence, he should not have gone so far in this case into the hearing of evidence. Mr.
Anstis said he had not at present the transfers relating to Wheal Trelawny, upon which
the learned Commissioner decided that nothing had been proved against the insolvent,
and ordered him to be discharged forthwith.
JOSEPH GILES, of the parish of Zennor, was imprisoned at the suit of his brother
HENRY GILES, for the sum of GBP 77.7s.1d. Mr. CHARLES COODE appeared for
Mr. Henry Giles and briefly examined the petitioner respecting his present disposable
property. It appeared that differences had arisen between the two brothers, respecting
their father's will, in consequence of which legal proceedings were adopted in the
ecclesiastical court and other suits were instituted. The Commissioner said that this was a
most unfortunate family quarrel, and such when they occur, are always the most
acrimonious. The insolvent, however, was entitled to the benefit of the act, and must be
discharged.
WILLIAM OLIVER, of St. Just in Penwith, was arrested at the suit of JACOB EDDY,
for GBP 5.7s.6d, being a sum incurred by the cost and discontinuance of an action at the
assizes. Mr. WERE appeared for the detaining creditor. The insolvent, on being
examined, said that in the month of July, 1840, he entered into an agreement with Mr.
Jacob Eddy to build a house for him on a certain plot of ground, for which he was to
receive in return a piece of land. There were specifications given to build the house, but
almost the first day it was begun, Mr. Eddy wished to have the building altered. Mr.
Eddy had put him in possession of the land, but gave him no deed for it, and had since
refused to convey it to him. It further appeared that the plea of Mr. Eddy was the non-
fulfilment of the contract, and that in consequence of his refusal to convey the land, the
insolvent had claimed of him GBP60 for work and labour done in building the house. He
gave notice of action for this amount at the last Spring and Summer assizes, but his
attorney failed to bring the cause on for trial, and he was therefore rendered liable for the
costs of the day, and arrested for the amount. The Commissioner said the insolvent must
now be discharged from those costs, and he thought the resistance to this action was not
particularly fair on the part of Mr. Eddy, who was now receiving rent for the house. An
assignee was then appointed on behalf of the general creditors.
CHARLES MATTHEW VIBERT, formerly carrying on the business of a grocer, tea-
dealer, chandler, &c., at Penzance, petitioned for his discharge under the provisions of the
Act. The insolvent was imprisoned on the 21st of August, at the suit of WILLIAM
FRYER, of London, for GBP 79.4s.11d, being a balance for goods supplied to the
debtor; and at the suit of JOHN THOMAS WILDE, also a London creditor, for the sum
of GBP 39.15s. 11d, incurred by the purchase of goods. Mr. COMMINS opposed the
insolvent on behalf of Mr. W. FRYER, and MR. COLLINS on the part of MR. WILDE.
Mr. Commins said the ground of his opposition was a vexatious defence by the insolvent
to an action brought against him by Mr. Fryer, and in support of his allegation Mr.
Commins produced an office copy of a judgment of the Court of Exchequer on the trial.
It was sent to him by Mr. Bedford, a London solicitor, with instructions to oppose the
discharge of the insolvent. The Commissioner enquired how long an office copy of a
judgment had been rendered capable of being received as evidence? Mr. Commins said
he did not know - it must rest on his Honour's discretion. [The Learned Commissioner
observed he had no discretion in the matter; an act was passed in the last session of
parliament by which an office copy of a judgment might be received as evidence, and this
act came into force on the 1st day of this month.] Mr. Commins then briefly examined the
insolvent, from which it appeared that he had been in embarrassed circumstances as long
ago as 1843, when he agreed to pay off his creditors by instalments of 5s. in the pound,
on their travelers calling at his house, and those that did not call he sent the money to
them. [The examination was stopped by the Commissioner, because the case was
improperly brought, and an affidavit was not properly framed. He also decided Mr.
Collins had no locus standi whereby he could affect the insolvent.] The court then
proceeded to examine the insolvent's balance sheet. A sale at public auction by Mr.
EDMONDS, of some of Mr. Vibert's property was satisfactorily passed, it being attested
by the affidavit of the auctioneer; but a sale by private contract of the stock and good
will for about GBP 430 to Mr. w. J. LAWRENCE [the insolvent's son-in-law] the
conveyance of some property in fee to Mr. PENTREATH for GBP 200, the repayment of
GBP 100 that the insolvent had borrowed of his sister, and other transactions, were not
so satisfactorily set forth, being only attested by the receipts and names of the parties.
The Commissioner asked whether it was to be supposed that an insolvent should dispose
of so much property, and then come there with a number of loose pieces of paper with
having evidence on oath to support them. [He felt the man should have distributed the
property he had among his creditors. The Commissioner held the case must be left for
another Commissioner, for the property was not properly accounted for, the business had
been disposed of to the insolvent's son-in-law, and the creditors had a right to an
examination into the matter.]
The Commissioner then inquired what proof there was that the insolvent had attempted in
1843 to pay off his creditors?
Mr. GREENSLADE, of Redcliff Parade, Bristol, said he had attended to watch the proceedings, on behalf of the
Bristol creditors, who had no animosity against Mr. Vibert, but supposed that his
insolvency had occurred through misfortune. In 1843, he promised to pay his creditors
by five shillings in the pound instalments, every time the travelers came round, but he
(Mr. Greenslade) had only received one instalment from him.
The Commissioner - But did you not think that was very likely to happen with debts on
him to the amount of nearly GBP 2,000?
Mr. Greenslade - Insolvent had his stock valued at that time by some one who made it
cover all his debts by more than GBP 600.
The Commissioner - Insolvent had had every lenity shown him by his creditors.
Mr. Greenslade and Mr. T. H. BODILLY, of Penzance, were then appointed assignees on
behalf of the creditors. His Honour said that the case of vexatious defences had failed,
but the opposition, on account of property, was still open. He would, however, take bail
for the insolvent, on affidavits being made respecting the transactions appearing in the
balance sheet by the parties involved in them.
The Court then rose.
12 DECEMBER 1845, Friday
LOCAL INTELLIGENCE
ST. COLUMB INSTITUTION - The friends of this institution have been lately
favoured with two interesting lectures, - one on Music, by J. H. NANKIVELL, Esq.,
who entered most fully into the details of the theory and practice of that science, and was
kindly assisted by MR. BETTY of St. Austell, and Messrs. MASTERS, TONKYN, and
WEBBER, of St. Columb, in the performance of several pieces of music, which were
executed in a most masterly manner. The other lecture was on the "Songs of Burns," by
Mr. SHERER, who favoured the company by singing some of the most admired songs of
that popular poet in a superior style. Mr. Sherer's reading, in the lines, "To Mary in
Heaven," gave the greatest satisfaction - and in the words of the chairman, he proved
himself to be "the most agreeable Caledonian we had ever met with."
WADEBRIDGE INSTITUTION - On Thursday, the 4th instant, Mr. SHERER again
favoured the members with some of his delightful illustrations of Scottish songs. Since
the time when he gave his first musical lecture at this Institution - where indeed he made
his first appearance as a public singer - his style and voice have considerably improved,
and he now bids fair to become a permanent attraction in the musical world. In some of
the quietly humorous songs, so peculiar to his country's music, his manner is particularly
good; we would instance as specimens of sly humour his "I'm owre young to marry yet,"
- and "Coming through the Rye;" and in humour of a broader cast - "The barring o' the
door," and "Tak yer auld cloke aboot ye." Among those displaying the powers of his
voice and execution, together with great dramatic effect, "The bonnie House o' Airly"
stands preeminent. Mr. Sherer's friends wish him every success in his undertaking, and
venture to predict that he will attain it. On Friday last, Mr. G. SANDERS gave a lecture
on Poetry and Painting, in which he connected the two sister arts in a very pleasing
manner. The lecture was illustrated by a beautiful collection of engravings - many of a
very high degree of merit. A very spirited discussion followed, which was prolonged to a
late period of the evening. The next lecture (this evening) is by Mr. NORWAY, on
Macbeth.
OXFORD UNIVERSITY - The names of the sons of the REV. CANON ROGERS,
and of the late REV. JAMES PASCOE, of St. Keverne, appeared in the list of those who
took honours at the late examinations at this University.
MATRIMONIAL FESTIVITIES - The marriage of HENRY BLAGROVE, Esq., with
the beautiful and accomplished daughter of WILLIAM ARUNDELL HARRIS
ARUNDELL, Esq., of Trebursye, was one of great splendour. Eighteen carriages,
containing all the gentry of the neighbourhood, attended the bride and bridegroom to
church, and afterwards returned to Trebursye house, where the company partook of a
sumptuous breakfast. The happy couple then left for town, accompanied by the
numerous guests to Lifton, on the borders of which parish they were met by the tenantry,
on horseback, of the Lifton estate, (lately purchased by the bridegroom) who attended
them in procession some miles on the road. On the return of the tenantry, a very excellent
dinner was provided for them at the Arundell Arms Inn, of which about 130 partook.
Teas was also provided for the ladies at Mr. DOWNY's large school room, after which
dancing and general rejoicing concluded the festivities of the day. Triumphal arches were
erected in the village of Lifton, and the church bells of the various parishes through which
the happy couple passed rang merrily. The poor, however, were not forgotten, a liberal
distribution of bread having been made amongst them; while presents of game, &c., were
sent by Mr. Arundell to his various tradesmen at Launceston. It seems that during the
negociations for the purchase of the Lifton estate, Mr. Blagrove had the happiness of
being introduced to the lady who, as his wife, will adorn the princely mansion of Lifton
Park, in which she was born, and where she has the best wishes of all who know her for a
long and happy life.
TRURO POLICE - On Saturday last, DENNIS DART was charged with assaulting
BARTLETT PASCOE. The complainant was coming down Lemon-street with a lady in
a sedan-chair, when the accused came behind, jumped upon his back, and struck him.
Fined GBP 1, or in default of payment to be committed for a month. CHARLES
EVANS, a young urchin of eight or nine years of age, but who has been several times
before the magistrates, was charged with being in the shop of JOHN KELLOW, for the
purpose of committing a felony. He was committed as a rogue and vagabond for three
months with hard labour. On Monday THOMAS MITCHELL and THOMAS
GILBERT were fined 3s.6d. and costs for assaulting MICHAEL PASCOE. The assault
was committed on the Sunday in a squabble over some beer in a public house. FRANCIS
RICHARDS, for drunkenness, was fined 5s. and costs. On Tuesday, GEORGE
DANIEL, also charged with being drunk, was fined 5s. and costs.
LISKEARD - On Monday se'nnight, a young man, named HOARE, was committed to
Bodmin, to take his trial on a charge of stealing, on Saturday, the 22nd ult., a coat, the
property of MR. AUSTEN, of Liskeard, tailor; and on Wednesday week three young
men, named CRAGO, POOLEY, and HONEYCOMBE, were summoned before the
mayor, J. JONES, Esq., to answer to the complaint of one of the navigators employed on
the Liskeard and Caradon Railway. The parties met at the Lamellion Inn on Sunday
week, when the defendants committed an unprovoked and aggravated assault on the
complainant. The case was fully proved against them, and they were adjudged to pay a
fine of GB 5 each, or in default to be committed to the county prison for two months at
hard labour.
FALMOUTH POLICE - On Monday last, two young men, named DUNSTONE and
BRAY, were brought before the Mayor, on a charge of felony. It seems that MR.
HUSBAND, of Mylor, had a small vessel taken from her moorings, on the 1st inst., and
that she was missing until the morning of the 7th, when she was found at her moorings,
much damaged. It was suspected she had been taken across the channel to France by the
defendants; but the case was dismissed, as it appeared the young men were part of a crew
to whom the vessel had been lent for oyster dredging.
SERIOUS ACCIDENT - On Saturday afternoon last, about half-past four o'clock, the
servant of MR. REED, fellmonger, was returning from Penryn to Helston, with a one
horse waggon, and when at the top of the latter town, the horse, which was a spirited
young animal, took fright, and became unmanageable. It first started down Wendron-
street with great fury, and when opposite the shop of Mr. GUY GUY, druggist, it passed
over the body of a child, called RICHARDS. Being pay-day at the different mines, the
market was very much crowded, and the most fearful results were anticipated from the
excited state of the horse, which proceeded down Coinage-hall Street, until it came
opposite the shop of Mr. CARLYON, bookseller, where it became entangled with some
vegetables in the street, and fell. Previously to this, however, it passed over a woman
named TREMELLEN, who was found to be very much injured, her under jaw being
broken, and her head much bruised and lacerated; but under judicious medical treatment
both parties are likely to recover.
ACCIDENT AT SEA - THOMAS ROACH, a very promising lad, aged 17 years, fell
off the jib-boom of the schooner "Richard Carnall," DUNGEY, master, and was
drowned, on her passage round the land to Fowey, where she arrived on the 9th instant.
FATAL ACCIDENT AT BODMIN - On Monday last, a boy called JAMES HIGMAN,
about 8 years of age, the son of a small farmer at Lanivet, was accidentally ran over in the
street by the Western Mail Coach, and killed on the spot. The deceased was playing in
the street on coming out of school, and seeing the carriage of the REV. MR. GRYLLS
passing, he, with one or two others, caught hold behind; but hearing the mail coach, he
attempted to cross the street, when he was knocked down by the fore horses, and the
wheel passed over his neck killing him on the spot. An inquest was held the same
afternoon, before JOSEPH HAMLEY, Esq., and a verdict of accidental death returned,
with a deodand of one shilling on the wheel. Not the slightest blame was attributable to
the coachman, who knew nothing of the accident till he was called on to pull up; and the
jury, with all who saw the accident, completely exonerated him from all blame.
CORONER'S INQUESTS - The following inquests have been held by W. HICHENS,
Esq., coroner, since our last report: On the 5th inst., in the parish of Breage, on the body
of JAMES RICHARDS, aged 58 years. The deceased was a labourer in Wheal Vor
mine, in that parish, and was at the mine pursuing his employment on the 3rd. he had been
under ground and was just returned to the surface, when he complained of lightness in his
head, and asked to be conducted to the boiler house; but whilst being led there, he lost
the use of his legs, and was obliged to be carried. He soon after became speechless, and
apparently, senseless, and was taken to the engine house, from whence he was carried to
his home, where he died in about two hours after. Verdict, natural death.
On the following day, in the parish of St. Just in Penwith, on the body of CHARLES
ELLIS, the younger, aged 20 years, who met with his death at Balleswidden mine, in that
parish, on the 4th instant, by means of a blow received from the fall of a plank into the
shaft wherein he and three others were at work. It appeared that some timber was to be
let down into the shaft for the use of these men; and that JOHN CARTER, who was one
of the landers at the mine, and to whom very great blame is to be imputed, had been told
when at Trembath shaft that he must go to the Derry shaft to let down the timber. That
on his arrival there, although he was then informed that the men were in the shaft, and
that the timber must not be let down until they came up, he persisted in preparing for the
letting it down, by endeavouring to fix the end of the plank into the kibble ready for
dropping into the shaft, when, though he had taken the precaution of lashing fast the
plank, by some accident it slipped through the noose, and fell in, striking the deceased,
and killing him on the spot. Verdict, accidental death.
On the 10th inst., at Gwinear, on the body of ELIZABETH STEPHENS, aged about 10
weeks, daughter of Mr. H. STEPHENS, of that parish, innkeeper. The child, it appeared,
was taken to bed by her mother on the night of the 8th, apparently in good health, but was
found dead by her side on the following morning. Verdict accordingly.
On Saturday last, an inquest was held at the Guild Hall, Helston, before T. P. TYACKE,
Esq., coroner for that borough, on the body of a man called RICHARD SMITH,
otherwise "my worthy." It appears that Smith had been drinking very freely during the
day; and that in the afternoon he went in company with a companion of the name of
PERRY, to a butcher's shop, near the New Inn, in Church-street, where he ordered a
steak. It had, however, scarcely been dressed, and placed before them, when Smith fell
to the ground. Medical aid was promptly resorted to, but the vital spark had fled.
Verdict, died by the visitation of God.
On Monday last, an inquest was held before JOSEPH HAMLEY, Esq., at St. Austell, on
the body of WILLIAM WOOLCOCK, a miner, who was killed in Charlestown Consols
mine. It appeared that he was going down in a part of the mine where the men generally
take their dinners, and which was considered the safest part of the mine, when a large
rock of from two to three tons came away from above, struck him behind the neck, and
crushed him so as to cause instantaneous death. His brother, who was close by him,
escaped with a slight blow on the head, and did not know the deceased was dead, till he
called to him and received no answer. The unfortunate man was 33 years of age, a
widower, and has left three small children. Verdict, accidental death.
INTERNATIONAL NEWS: Condition of Ireland
(from the Prussian State Gazette, reprinted in The Times) 4 Dec 1845
The statesmen of England are certainly surrounded at the present moment by the most
serious circumstances; amongst these, however, the physical condition of a great portion
of the Irish people is by far the most urgent and painful. It is now ascertained, beyond
the shadow of a doubt, that at least one-third of the potato crop in Ireland is destroyed,
and that, moreover, there is little hope entertained that even a fair portion of the crop that
has been gathered can be saved, or that the entire extirpation of the disease can be
expected in the future. .... The Irish peasant lives on the possession of a small plot of
ground, and if his crops fail, he has nothing left to eat but earth and stones. This is no
exaggerated sketch of the condition of at least 2,000,000 of the inhabitants of Ireland."
"This year the crops have failed. In times of scarcity elsewhere, there may be little food
and high prices, but in Ireland there is no food and no money." [The article continues as a
political attack on O'Connell, and comes to the odd conclusion that Ireland will be better
off for having been through this ordeal. jm]
LEGAL NEWS
Saturday, Dec. 6, 1845 - The Case of the Felicidade
We are informed that the judges have declared the conviction invalid on two grounds -
first, that it is not piracy for the Brazillians to carry on the slave trade until they have
made it to be so by Brazillian municipal law; and, secondly, that the "Felicidade" was
wrongfully taken, not having any slaves on board, and therefore, that she did not become
a British ship, and was not accordingly justified in capturing the "Echo".
19 DECEMBER 1845, Friday
ADVERTISEMENTS
TWO GUINEAS REWARD
WHEREAS the late MR. NICHOLAS HARRIS, jun., of Sinns, in the parish of Redruth,
made a WILL, and signed it on the 26th of August, 1843, which signature was witnessed
by JOB THOMAS, WILLIAM FRANCIS, and OLIVER GEORGE.
A reward of Two Guineas is hereby offered to either of the above named men, who will
apply to MR. NICHOLAS HARRIS.
Dated, Redruth, December 18, 1845
DISSOLUTION OF PARTNERSHIP
R.L. HAWKEN
BEGS to express his thanks for the support he received during his Partnership with MR.
E. NORWAY, as TIMBER, IRON, COAL, MALT, and SPIRIT MERCHANTS, in
Wadebridge, and to inform his friends and the public generally, that having now
dissolved the Partnership, he has declined the Wine and Spirit Trade in favour of Mr.
NORWAY; he therefore will continue the
TIMBER, IRON, COAL, and MALT TRADE,
For which he solicits a continuance of former favours, assuring his friends that his best
endeavours will be used to give satisfaction.
Wadebridge, December 10, 1845
LOCAL INTELLIGENCE
ECCLESIASTICAL - In consequence of the collation of the Rev. JOHN BULLER to
the Vicarage of Bridestowe, the livings of St. Just and Perranzabuloe, with the curacy of
St. Agnes, in this county, became vacant. The former is in the gift of the Lord
Chancellor, [rest of line obliterated]. We understand that it is the intention of that body
to divide the populous neighbourhood of St. Agnes and Perran into several ecclesiastical
districts. It is said there is to be a resident Vicar of Perran and a resident Vicar of St.
Agnes; in addition to which there are to be two districts, with a resident curate in each, to
superintend the spiritual wants of the poor, until funds can be raised for building new
churches.
The REV. ROBERT SCOTT, M.A., late Tutor and Fellow of Balliol College and Vicar
of Duloe, in this county, is mentioned as about to be appointed to the important office of
President of Trinity College, in Perthshire, an institution intended for the education of
members of the Scottish Episcopal Church. With Mr. LIDDELL, of Christ Church, Mr.
Scott is the author of the New Greek Dictionary which has been so favourably received,
and was Craven Scholar for 1830, and Ireland Scholar for 1833.
Mr. SALTREN ROGERS, of Exeter College, son of the REV. CANON ROGERS, has
obtained a first class in Mathematics, and a third class in Classics, at the late Oxford
examination.
HAYLE - On the 11th instant, the Spanish barque "Joachimb," ANTONIO
BESSENICK, master, arrived here from Plymouth, to load with fish for the
Mediterranean. The fish were caught and cured at St. Ives, and will be transported hither
by land, as the owners objected to the vessel lying either at St. Ives or Penzance.
FIRE AT PENZANCE - About twelve o'clock on Wednesday night, the 10th instant,
the inhabitants of Penzance were aroused from their slumbers by the ringing of the fire-
bell, and in a surprisingly short time, hundreds of individuals had assembled, and the fire
engines were brought to the house of Mr. M. HARRIS, jeweler &c., &c., situate at the
head of Chapel-street, and opposite Queen-square. The shop was full of smoke, and it
was evident the premises were on fire. No time was lost in removing the inmates of the
house, as well as those adjoining; and one of the engines was put to work. The front
window of Mr. Harris's shop was driven in, when the flames burst forth; but in a short
period the fire was extinguished, though not before considerable damage had been
sustained, as well from the effects of the ignition as from the means necessarily adopted
for the suppression of the devouring element. The origin of the fire is unknown; but Mr.
Harris's stock is insured, and so is the house, which is the property of Mr. RICHARD
CORNISH.
FALMOUTH POLICE - On Monday last, a young man named MALLETT, was fined
2s.6d. and costs, for assaulting one of the borough constables the previous Saturday
night, whilst in the discharge of his duty. On Wednesday, three oyster-dredgers, called
THOMAS and WILLIAM HODGE, brothers, and JOSIAH BALL, belonging to Mylor,
were committed to take their trial at the next borough Quarter Sessions, for a
misdemeanour, incurred by their dredging over an oyster-laying belonging to Mr. R. S.
ROWE.
STRATTON PETTY SESSIONS - At these sessions, on Thursday the 4th instant, a case
of some interest to the public came before the sitting magistrates J. VOWLER, C.N.
BRAY, and GOLDSWORTHY GURNEY, Esquires, of which the following is the
substance: A clergyman, named RUDALL, of the parish of Boyton, summoned two of
his most respectable parishioners, Messrs. GUBBIN and DOWNING, to recover Easter
offerings. The case caused great excitement, because no offerings have hitherto been
paid in that parish. The magistrates decided that they had no jurisdiction to enforce the
payment, unless it could be shewn that offerings had been accustomed to be paid, and
therefore dismissed the case, to the no small satisfaction of the audience, and to the great
discomfiture and mortification of the Rev. complainant.
ROBBERY BY A SERVANT - On Wednesday last, JOHN COLLECOTT, labourer,
was committed to gaol for trial at the next sessions, by the REV. S. CHILCOTT, for
stealing a jar with two gallons of beer from MR. THOMAS SOLOMON, innkeeper,
Camelford, by whom he was employed. The jar of beer was found concealed, and a
party lay in wait until evening, when Collecott was seen to take it out, and while in the
act of carrying it off, he was laid hold of with the jar in his hand.
THE BRAZILLIAN SLAVERS - There was no doubt, after the decision of the Judges,
a free pardon would be granted to these men, and that they would be set at liberty, as a
matter of course. This pardon, which was signed by the Queen, at Osborne House, on
Wednesday, arrived at the County Gaol here, on Friday morning. Mr. COLE, the
Governor, with that humane promptitude which has always characterized him in the
exercise of his official functions, immediately caused it to be communicated to the
prisoners; and it is said when the Queen's signature was pointed out to SERVA, he
snatched the paper from Mr. Cole's hand, and kissed the signature with the most
rapturous expressions. They left the prison on Saturday morning, time enough to start by
the eight o'clock train; they were dressed in new suits like English sailors, with glazed
hats, &c. One of the servants of the prison, who had attended them during their
confinement, and to whom they had formed a strong attachment, accompanied them to
London at their own request; and upon their arrival at the Station at Paddington, he took
them in an omnibus to the Consul-General's, in St. Mary Axe. The Consul-General, after
hearing the statement made by them, signified his pleasure at the grateful manner in
which they had expressed themselves for the way in which they had been treated during
their long confinement, in which feeling he also joined. They were immediately placed on
board a vessel, which was expected to sail for the Brazils yesterday, (Monday).
MAJAVAL goes to Spain. We are enabled to state that the conduct of the men during
their confinement was most proper and in all respects satisfactory to the Governor and
Officers of the prison. (Exeter paper.)
[The following explanatory material is taken from the book "The NAVY and THE
SLAVE TRADE: The Suppression of the African Slave Trade in the Nineteenth Century,
by Christopher, Lloyd, 1906? Pgs 85-87'
"Meanwhile, the prisoners had reached England. When the case of the "Spanish Pirates,"
as they were called in the press, came up for trial the judge had to decide the question of
the status of the "Felicidade" at the time when she was recaptured by the "Star". Had an
English court of law jurisdiction over a vessel commanded by a Brazilian who had
murdered the English prize crew on board his ship? It was a difficult problem in
international law, and the prisoners had the good fortune to be defended by two
particularly brilliant lawyers. The Assize judge, having found seven out of the ten guilty
of murder, sentenced them to death. The defence lodged an appeal on the grounds that
the capture of the vessel was itself illegal because she was empty and there was no
equipment clause in the 1826 convention with Brazil. Four days before the date fixed for
the execution of the "pirates" the case was retried. Eleven of the thirteen judges on the
bench refused to uphold the conviction for murder, the dissentient judges being L.C.J.
Denman (the father of Captain Denman and himself an ardent abolitionist) and Mr. Baron
Platt who had passed sentence at the Exeter Assizes. In accordance with this decision
the men were freed and sent back to Brazil at the expense of the British Government."
"The uproar caused by this decision can be imagined. The popular view was that British
seamen had been murdered in the performance of their duty and the criminals had
escaped scot-free. But The Times thundered in vain; Members of Parliament asked
questions and received no reply; commanders of ships on the African coast led their
boarding parties to the attack with cries of "Remember the Felicidade!" As in the case of
the French slaver "Louis" twenty years earlier, the law stood firm to check the zeal of the
executive, however well intentioned. Consequently, as had been the result of the "Louis"
judgment, the Slave Trade, as far as Brazil was concerned, enjoyed another lease on
life." jm]
[See West Briton articles re the "Felicidad" 1 August news, and 17 September, 1845. The
principal defense lawyer was Mr. Serjeant MANNING. A four-column article regarding
the appeal appeared in the Times, November 15, 1845. jm]
26 DECEMBER 1845, Friday
ADVERTISEMENTS
TO PARENTS AND GUARDIANS
J. ROBERTS, of ROCHE, is in want of a respectable YOUTH, as an APPRENTICE to
the Drapery and Grocery Business.
Dated, December 16, 1845
COOK WANTED
WANTED in a small family, a COOK; she must be able to bring a satisfactory character
for her capacity, honesty, cleanliness and good temper, and she would be expected to
make herself useful in the family, where there are young children.
Apply to G.B., at Mrs. HEARD's, Truro.
Dated, December 24, 1845
TO BOILER MAKERS
WANTED, THREE first-rate PLATERS and TWO good ANGLE-IRON SMITHS.
Liberal Wages will be given - to increase, if deserved, at the end of twelve months.
Constant employment; or, if preferred, an engagement for one, two, or three years. None
need apply who belong to the Boiler Makers' Trade Society. Testimonials required.
Expenses from distant parts allowed. Address Stothert, Slaughter, and Co., Avonside
Iron Works, Bristol.
December 24, 1845
LOCAL INTELLIGENCE
CHRISTMAS MARKETS - Liskeard - the Christmas show of meat at this market, on
Saturday, was one of the finest ever seen. The beef produced by Mr. SNELL, of
Landrake, excelled any that has been brought to this market for many years. The mutton
was of a superior quality, especially that from a sheep slaughtered by Mr. ELFORD.
Launceston - This market was supplied with a finer show of meat than has been seen
there in any former year.
Truro - The demand for good cheer at this season of the year, rendered the market at
Truro, on Wednesday last, an extremely busy one; the crowd of people in the butter and
poultry market, particularly, being excessive. In the butchers' market there was a good
supply of meat, which fetched high prices - beef selling from 7d. to 7 1/2 d. per lb, and
legs of mutton at 7d. Of other provisions the supply was not so large as that of last year,
and consequently, higher prices were maintained. Geese fetched from 6 1/2d. to 7 1/2 d.
per lb; ducks from 1s.9d. to 2s. each; butter 13d. per lb; eggs seven for 6d.; potatoes from
6d. to 9d. per gallon. These quotations will show that Sir Robert Peel's dreaded Tariff
has not yet done much in the way of lowering the prices of some articles to the consumer.
ODD FELLOWS - On Monday last, a large public meeting was held in the Guildhall,
Bodmin, to hear Mr. H. MUDGE lecture against the independent order of Odd Fellows.
After the lecture, Messrs. HARRY and DREW, two of the order, spoke on the other
side, when the meeting divided, and with scarce any dissentients voted the Odd Fellow
society worthy of neither support nor countenance. The hall was kindly lent by the
mayor, and the chair was most efficiently filled by WILLIAM SERJEANT, Esq., of
Bodmin.
IRISH MINSTRELSY - We understand that MRS. PHILLIPS, whose "Entertainments"
on the Antiquities, Superstitions, Traditions, and Bardic History of Ireland are so highly
spoken of, intends visiting Truro professionally early in January. The press throughout the
country has given a high opinion of Mrs. Phillips's ability both as a lecturer and a vocalist.
THE EARL OF ST. GERMANS - On Tuesday morning, this nobleman left his seat at
Port Eliot, and passed through Devonport on his way to town. We understand that his
Lordship received an express on Monday from Sir ROBERT PEEL, requesting his
immediate presence in the capital.
CHRISTMAS BENEFACTIONS - The Right Hon. the Earl of St. Germans rejoiced the
hearts of the poor of St. Germans on Monday, by distributing two oxen among them, and
presenting a shilling and a peck of wheat to them individually.
With the most considerate kindness to the wants of the poor, W. POLE CAREW, Esq.,
of Antony House, caused a fine ox to be killed and distributed amongst his needy
parishioners.
TRURO UNION - On Christmas day, the poor in Truro, St. Clement's, and Probus
workhouses, about 300 in number, were regaled with roast beef and plum pudding for
dinner; and in the afternoon, with tea, coffee, and currant cakes, the expense of the treat
being defrayed by the subscriptions of the guardians.
THE LATE ELOPEMENT - The parties who lately eloped from Stow Market, Suffolk
- CHARLES ROBERT BREE, Esq., Surgeon, and the daughter of the REV. SIR
AUGUSTUS HENNIKER, of Plashwoods Haughley, as stated in our paper of last week,
made the best of their way, it seems, to Tintagel, the Vicar of that place being a relative;
and having remained there the necessary time to procure a licence, they were married on
Friday last, and immediately left in a carriage and four to meet the day mail at
Launceston, homeward bound.
THE LATE STORM - NEWQUAY - During the storm of Saturday last, the schooner
"Young Eagle," of Milford, JENKINS, master, was driven into the breakers in this bay,
about eight o'clock in the evening, and had her broadside to the sea. She hauled down to
the western cliffs, where she immediately upset, and sunk, and all on board perished. It
is supposed that she had lost her rudder before she came into the bay, as she appeared
unmanageable, and neither the rudder nor tiller has come on shore with her. Her boat was
washed in on Monday morning, very near where the vessel came ashore on Sunday
morning. Every endeavour was made by the people of Newquay to give assistance, but
without effect, although they spoke to and were answered by the crew on board.
BUDE - On Saturday last, during a severe gale of wind from the W.N.W., a brig made
her appearance in the bay, apparently heavily laden, and came to anchor just off
Widemouth, where she remained until near dark. The wind continuing to increase, as was
feared, she broke from her moorings, with all her crew in the rigging, and came ashore
near Mellook. Seven of the men, including the captain, were drowned, and two saved
themselves by swimming to the rocks, and getting up over a very high cliff, which
enabled them to reach Mellook. The name of the vessel is the "William and Ann," of
Sunderland, R. MATTHEWS master; and it appears she had just before discharged a
cargo of timber from Quebec at Swansea, whence she sailed on Friday last laden with
stone coals, for London. She went to pieces just after getting on the rocks, near Mellook,
and the fragments of her wreck were sold by auction on the beach, on Monday, under the
direction of T. R. AVERY, Esq. The mate, in getting up over the cliff to save himself,
broke one of his fingers, and one of his toes. Five of the bodies have been washed
ashore, and an inquest was held on them by Gilbert HAMLEY, Esq., on Tuesday last.
DAMAGE BY A HORSE - On Monday last, MR. MATTHEWS, the driver of a van
from St. Day to Truro, brought his vehicle into the latter place, and when in Boscawen-
street, had occasion to leave his horse a few minutes. As soon as his master was gone,
however, the animal turned around, and with the van behind him attempted to go up a
narrow passage at the end of the Seven Stars Inn. The consequence was that one side of
the van came against the shop window of MR. McWILLIAM, which also abuts upon the
passage, and broke in five large panes of plate-glass, besides cracking a sixth. The
damage is stated to amount to upwards of GBP 15.
ST. IVES - On Monday morning last, as a small boat was returning from fishing, it upset
in a squall, and a young man, named BARNABY THOMAS, was drowned. The boat
sunk immediately she filled, and the body has not yet been found.
STEALING POTATOES - MR. WATERS, of Newham farm, near Truro, having
recently lost some potatoes, his suspicion fell upon several parties, and he accused a lad
named STEPHENS, of Carclew-street, Truro, with being concerned in a robbery. The
youth thereupon made a confession, which implicated THOMAS HARFORD, a servant
to Mr. Waters, and another lad named TRESTRAIN. It appeared from the statement of
Stephens, who was an accomplice in the matter, that the parties had stolen six gallons of
potatoes from Mr. Waters's barn and had sold them to a shopkeeper named MILLER, in
Charles-street. The three lads were apprehended for the theft, and brought before the
magistrates on Thursday, the 18th inst., when Stephens was admitted as Queen's
evidence, and the other two prisoners were committed for trial.
FATAL MINE ACCIDENT - On Wednesday, the 17th instant, as a man named
WILLIAM GRENFELL, was about returning from his labour in the fifty-four fathom
level at Levant mine, he fell into a "scuttle hole," about sixteen fathoms deep, and was
taken up at the bottom in a state of insensibility. The poor fellow just lived to be
conveyed to his own dwelling, and expired in about twenty minutes afterwards, leaving a
wife and four children.
CORONER'S INQUEST - On the 18th inst., an inquest was held at Camelford, on the
body of a boy named BENNET, aged three years, who being left alone a short time on
Wednesday morning in his night dress, set it on fire by reaching near a candle; and
though the fire was very soon extinguished, and the boy was not much burnt, he died the
following morning, more from the fright, it was supposed, than from any other cause.