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1845 NEWS ARTICLE

OCTOBER



3 OCTOBER 1845, Friday


LOCAL INTELLIGENCE

The registration for the Western Division of this county commenced at Truro, on Wednesday last, before GEORGE BINSTEED FARRANT, Esq., revising barrister. The business proceeded very quietly, there being nothing to relieve the dull monotony of the affair, except a good scolding which the overseers of different parishes received from the learned barrister for their blundering in omitting various claims from their lists. These officials appeared to be incapable of comprehending the instructions given them, and in consequence of their mistakes the sitting of the court was prolonged to a later hour than usual. On Thursday the registration lists for the borough of Truro were revised, but, as on the preceding day, the proceedings were devoid of importance.

UNIVERSITY COLLEGE, LONDON - J. R. MARSHMAN, Esq., of the Western Circuit, A.M. and late of Trinity College, Cambridge, has been appointed to the professor-ship of English Law. The botanical prizes for the faculty of medicine, given at the end of the summer term, were awarded as follows: Senior class; gold medal, MR. W. COCK of Rame, in this county; Mr. THOMAS LIMBERRY, of Appledore, Devon. A new chair of practical chemistry has been instituted, to which Mr. GEORGE FOWNES, F.R.S., has been appointed professor.

FALSE WEIGHTS AND MEASURES - On Thursday, the 25th ult., the magistrates for the Hundred of Pydar sat at St. Columb and Perran Porth, when upwards of sixty publicans and shopkeepers of St. Columb, and above twenty publicans and shopkeepers of Perran Porth and its neighbourhood, were fined for having in their possession deficient weights and measures.

THE CUSTOMS - Mr. TRAER, who has for several years filled the office of searcher, &c., at the port of Truro, has been promoted by the Lords of her Majesty's Treasury, to be an auxiliary landing-waiter at Liverpool.

STRIKE FOR WAGES - About the middle of the day, on Wednesday last, a great number of clay-working men entered St. Austell in a mass, their object being an advance of 3d. per day on their present wages. The proprietors not being aware of such an application being about to be made, were not prepared to meet them; but a promise was given them that a meeting should be convened for the purpose in the course of a day or two, when they should receive a final answer. The men then retired to their homes to await the decision of their employers.

SUMMERCOURT FAIR - At this fair, on Thursday, the 25th ult., there was a good attendance, and a larger amount of business than usual was transacted. There was a full supply of cattle, of average quality, which met with a ready sale; store oxen sold at about 45s. per cwt.; fat cattle from 50s. to 54s; cows and calves were in great demand, and sold at high prices. There was a large supply of sheep, which sold at 6d. and 6 1/2 d. per lb.; store sheep were much in demand, and met a brisk sale. The jockeys had a numerous assortment of horses, in which a fair amount of business was done.

CASE OF SUPPOSED POISONING - Much excitement has been created in Truro and its neighbourhood by the rumour that a labourer of the parish of Kea, named PETER BONYTHON, had died through the administration of poison. The deceased had been ill about six weeks, apparently of inflammation of the bowels, and had been attended by MR. KIRKNESS, surgeon, of Truro, who subsequently called in Dr. BARHAM. Nothwithstanding the attentions of these gentlemen, however, the patient died on Thursday, the 27th ult. Before his death, various rumours had prevailed in the neighbourhood of the unkindness of deceased's wife, and it was suggested that his death had been occasioned by poison. The medical attendants, on being applied to, considered that symptoms had been exhibited during the illness of deceased, which should induce them to open the body, and accordingly a post mortem examination took place, before Dr. Barham and Messrs. KIRKNESS and PAUL, surgeons. The result was such as to warrant them in sending the stomach for examination to Mr. PRIDEAUX, of Plymouth, an eminent analytical chemist. In the meantime, the coroner of the district, J. CARLYON, Esq., had been informed of the circumstances, and summoned a jury to inquire into the cause of death. The inquest was held on Friday last, at the Cornish Arms, Calenick, but after the examination of one witness, it was adjourned to Friday, the 3rd inst., to await the result of Mr. Prideaux's analysis of the contents of the stomach. The whole of the evidence which will then be adduced we shall publish next week. At present many reports are in circulation respecting the past conduct of deceased's wife, which, for obvious reasons, we forbear to mention. The deceased was interred on Sunday last, in Kenwyn churchyard, the funeral being followed by an immense crowd of people. He was about thirty-eight years of age at the time of his death, and, we are informed, was an honest, sober, and industrious man. Mrs. Bonython is about ten years younger than her husband; they had been married about eight years, and have two children living. Formerly they lived in Truro, having kept a grocer's shop at the corner of St. Dominic- street, from which they removed to a cottage near the parish church of Kea, and the deceased went out to daily labour.

HORSE STEALING - On Monday last, a young countryman was offering a horse for sale to different people in Truro, when his manner and the prices he asked for the animal, varying form GBP10 to GBP4.10s. and a gallon of beer, excited suspicion, and he was taken into custody by Mr. H. JANE, constable, and brought before the Mayor. He then said the horse was given him for two years' wages by a farmer for whom he worked in the parish of Mabe; and at the same time giving several other unsatisfactory answers, he was remanded, and the horse detained. The constable proceeded to Mabe to make inquiries, but could find no one who had employed a person of the prisoner's description. He had given several names when asked by different people, but on Thursday, he said his name was ALEXANDER BARBARY, and confessed that he had stolen the horse from a field about seven miles the other side of Bodmin, but did not know whose property it was. A description of the horse will be found in our advertising columns.

THE FISHERIES - Charlestown - The drift boats continue to take from four to five thousand of fine pilchards a boat every night.

St. Ives - the drift boats during the week have been bringing in large quantities of mackerel, which were sold at from 9s. to 13s. per hundred of six score. On Friday night, one of the driving boats lost twelve pieces of mackerel nets, marked in the corks S.S. Nos. 11 and 12. They belonged to three poor men, and are supposed to have been cut off by another boat running over them. No pilchards have been seen since our last report.

ROBBERY - On Wednesday, the 24th ult., a silver watch, of the value of GBP2.10s., was stolen from the dwelling-house of Mr. ISAAC MAYNE, Rosemundy, St. Agnes. Suspicion has fallen upon a person who was traveling in that neighbourhood on the day in question under pretence of buying old rags and selling braces, two pairs of which appeared to be his whole stock. The family were all absent with the exception of a girl, who was upstairs; and during this time, the man alluded to was seen to enter the house at the back door, and to come out at the front. The number of the watch and the maker's name, we understand, are known.

CAUTION TO SEAMEN - On Wednesday evening, three seamen belonging to the brig "Lord John Russell," were brought before the magistrates at the Guildhall, Falmouth, for refusing to proceed on their voyage, and threatening the Captain and owner of the ship. Two of them were discharged, and went on board; but one was committed to gaol for thirty days.

CORONER'S INQUEST - On Wednesday, MR. CARLYON held an inquest at St. Agnes, on the infant child, aged five months, of SARAH ANN NANCARROW, single woman. The child was found dead in its bed on Tuesday morning; and from the facts of the mother having repeatedly quarreled with the reputed father, and of his having recently been summoned before the magistrates to show cause why he should not maintain the child, suspicions were awakened, and a careful inquire was gone into. MR. DOBLE, the surgeon, however, satisfied the jury that the child had died of a disease called "rickets" and they returned a verdict accordingly.

DEVON AND CORNISH WRESTLING - There was a grand wrestling match last week, between SNELL, of Chudleigh, and HODGE, of Cornwall, at No Place Inn, Eldad, near Plymouth. The play commenced on Tuesday, Snell having won the toss for the Devonshire fashion. Hodge buckled on a pair of overalls which looked like the skin of a rhinoceros. Snell began the play, and kicked away at the left leg of his antagonist, evidently with the wish to cut a hole in his buffalo hide. He soon threw Hodge, but the latter always contrived not to fall on his back, and some of the people called out that it was a "sell." Snell then suddenly wrenched himself away from Hodge, and running at him, kicked most desperately. The astonishment with which Hodge received his opponent's onslaught was remarkably characteristic - he evidently did not understand that move. However, he bit his lip in desperation, again clutched his opponent, got a firm hitch with his thickly bossed leg between Snell's, and catching him over the shoulder, threw him as good a back fall as any lover of wrestling would wish to see. There was no mistake in it, and it was evident that he was greatly superior in skill. The shouts of applause were tremendous. Snell, however, won the next fall. On Wednesday, Hodge was again successful, and the play was excellent. Hodge carried off the prize. Several of the good light weights of Cornwall and Devon were present, and they afterwards went into the ring. The play concluded on Thursday.

NOTICE
I, WALTER SAUNDERS, Retail Brewer, of the Parish of Saint Austell, Do HEREBY GIVE NOTICE, that I will not be answerable for any Debt or Debts that may be contracted by my wife CATHERINE SAUDERS; as witness my hand this Thirteenth day of September, 1845. WALTER SAUNDERS. Signed in presence of JACOB HALLS Dated, St. Austell, September 30, 1845

NOTICE
LOST or STOLEN from Penryn, a few weeks since, a young handsome BROWN SPANIEL DOG. Whoever will bring the same to MR. PETER ROGERS, Penryn, shall be rewarded for so doing; and whoever is known to have the said Dog, and is still detaining him after this public notice, will be punished according to Law. Dated, September 30, 1845

SUPPOSED TO HAVE BEEN STOLEN AND now in the possession of MR. H. JANE, Constable of Truro, a black CART HORSE, in good condition, with a white face, ring eye on the near side, four white feet, switch tail, and stands about fourteen hands high. Application to be made a the SHIP INN, Truro.

The man, in whose possession the horse was found, is now detained in custody. Dated, September 29, 1845


10 OCTOBER 1845, Friday


LOCAL INTELLIGENCE

WEST OF ENGLAND RAILWAY SCHEMES - The following is an enumeration of the schemes, 25 in number, projected up to the present period, for supplying the West of England with railways:
The West Cornwall, with a capital of GBP 500,000
The Cornwall Coast Line, capital GBP 1,500,000
The North Devon and its branches, capital GBP 1,750,000
The Launceston and Tavistock, capital GBP 100,000
The Tav[istock and Plymouth] line, which are extensions of the South ... Cornwall
and Devon Central in connection with the Yeovil, capital GBP3,000,000
The Bideford and Tavistock (Hopkin's) in connection with the Central;
The Direct Plymouth and Bideford, capital GBP 800,000
The Great Western and Falmouth Junction, capital GBP 1,500,000
The South Devon, now constructing, capital GBP 900,000
The Direct Exeter and Plymouth, via Ashburton
The Great Western Extension Atmospheric, to Barnstaple and Ilfracombe, capital GBP 950,000
The Dartmouth and Exeter line, via Newton, in conjunction with the South Devon, capital GBP 300,000
The Dartmouth, Torbay, and Exeter Direct in connection with the Central, capital GBP 600,000
The Exeter and Crediton, now in progress
The Exeter, Topsham, and Exmouth, capital GBP 120,000 (Head's)
The Exeter and Exmouth, capital GBP 130,000 (Daw's)
The Direct Western, from London to the Land's End, capital GBP 3,000,000
The Taw Vale Extension, capital GBP 700,000
The Ashburton, Newton, and South Junction, capital GBP139,000;
The Bridport and Exeter, or South Coast Junction, capital GBP900,000;
The Great West of England, or South Western and Exeter Extension, capital GBP 1,600,000; the Exeter, Dorchester, and Weymouth, capital GBP 1,250,000; The Exeter, Yeovil, and Dorchester, capital GBP 1,300,000; The Direct London and Exeter, capital GBP 3,009,000.

[There had been several articles regarding meetings, and voting about which railway scheme should be encouraged, with each town feeling their sector/proposal should take precedence, some of which followed this list. jm]

A SUPERSTITION OF 1845 - At the execution of ELLISON, at Bodmin, in August last, it was noticed that there was a very active demand for pieces of the rope by which the poor wretch was suspended, for each of which the executioner received one shilling. Many conjectures were hazarded as to the future use of these mystical fragments, but no one was willing to reveal the secret. It happened a few days since, as one of the surgeons of the infirmary was dressing a patient, who had a wound in his back, that he espied a dirty cord about his neck, from which hung, over the breast, a little chintz bag. On asking what it contained, he was told that is was "some of the roop what cured his back last time." This answer only whetted the curiosity of his surgeon to hear more, and after a little further questioning he learnt "that it waz a bit of roop the man waz anged wi' to Badment - that tather bit waz buried, and az the roop ratted the wowned hailled." Of course a stout piece of stout rope required some time to "rat"; and as there was nothing malignant about the ulcer, and rest was allowed, dame nature at length effected a cure, but the hangman's rope ran away with the credit. How much "useful knowlege" is still wanted in our remote parishes, this specimen of the existing "thick darkness" abundantly proves.

THE FISHERY - Looe - The drift boats continue to take a few pilchards, but some of the nets are housed, and the boats laid up for the season.

St. Ives - No pilchards have been seen from the hills during the week, and the drift boats have taken but few fish in consequence of rough weather. On Friday night last, several boats lost part of their nets, amounting to upwards of thirty pieces; but on Tuesday, the greater part of them were found. The sloop "Tamar," of Padstow, fell in with some of the nets while the boats were cruising for them, and demanded GBP 1 for salvage; and the men not having any money in the boat, the nets were taken to Plymouth. This conduct is unbecoming a master of any vessel, and a great loss to the fishermen.

Sennen - On Sunday last, two seans belonging to Messrs. Trembath and Co. were shot, and enclosed about 30 hogsheads of pilchards, and several thousand of full sized bream.

EXPORTATION OF PILCHARDS - On Tuesday last, the "Patriot," Captain CUTHBERTSON, sailed from Penzance to Naples, having on board 500 hhds. of pilchards.

MAYORAL ELECTIONS - Looe - On Monday se'nnight, JAMES NICHOLAS, Esq., was sworn in mayor of this borough, for the year ensuing. Monday last, being the usual day for the election of mayor, MR. MATHEW POPE was chosen to fill that office for the ensuing year at Camelford. At Marazion on Monday last, WILLIAM BLIGHT, Esq., was unanimously elected mayor of this ancient town, for the ensuing year.

LISKEARD FAIR - At this fair, on Thursday, the 2nd instant, there was a good supply of fat and store bullocks and sheep, and a considerable amount of business was done. Fat bullocks fetched from 56s. to 48s. per cwt; fat sheep about 5 1/2 d. per lb. For cows and calves high prices were asked, but those offered were mostly of inferior quality. In the honey fair the quantity offered for sale was below the usual amount, there being a scarcity this year. At the commencement of the fair 6s. per quart was demanded, but scarcely any person was inclined to purchase on those terms, and towards night sales were effected at 3s. and 4s. per quart.

PETTY SESSIONS - At a Petty Session of the magistrates for the North division of the Hundred of East, held at Launceston on Tuesday last, the REV. MR. RILEY, the clergyman of the parish of Poughill, was summoned to answer the complaint of the toll- gate-keeper of St. Stephens gate, near that town, for having assaulted him. The Rev. Gentleman, on passing through the gate some time since, endeavoured to evade payment of the toll on which the gate-keeper seized the bridle of his horse, and the Rev. Gentleman immediately struck him with his whip. The assault having been proved, the clergyman admitted the truth of the charge, and threw himself on the clemency of the bench, alleging that he was at times subject to Brain Fever. He was fined 20s., and expenses, amounting to 24s. 6d. more.

TRURO POLICE - On Friday last, WILLIAM MARTIN DUNN, late of Marazion, was charged before the magistrates, with having a false and unequal balance, with two unstamped, and two defective weights. The defendant had a cargo of coal, which he was selling in a manner very profitable to himself, if not to the public. Unfortunately, however, Mr. ROWE, the inspector or weights and measures, in the exercise of his vocation, happened to light on Mr. Dunn's balances, which were indeed found wanting. One scale, where the coal was put in, was rather heavier than the other, making, indeed, only a difference of 18 lbs. on the cwt. to the purchaser. For his own benefit, and as a terror to evil-doers of the same description, he was fined GBP 2 for the unequal balances, and 5s. for the defective weights. We would advise all in the town who have deficient weights and measures without knowing it, to immediately get them corrected, for fear of the inspector's sudden appearance behind their counters.

On Saturday, ALEXANDER BARBARY was charged with stealing a horse, value GBP 15, from the parish of Warleggan, the property of JOHN ROGERS. We stated last week that the prisoner, who had offered the horse for sale in Truro, was in custody on suspicion, and had confessed that he stole the animal. A constable accordingly went up to the place he named on the other side of Bodmin, and the prosecutor, John Rogers, came down, and immediately identified the horse as his property, the animal having been stolen from a field in his occupation on the 29th ult. When before the magistrates, the prisoner said he was very sorry for it; he was a fatherless boy, or he should never have done it. He was committed for trial.

EXTENSIVE ROBBERY - MR. LEATHAN's house at Gurlan, in St. Just in Penwith, was robbed on Sunday evening last, whilst the family were at Chapel, of about GBP 70, including a cheque for GBP 40, the possession of which has been recovered. Suspicion has fallen on an individual, but nothing definite has yet been proved.

DISTRESSING AND FATAL ACCIDENT AT LOOE - On Monday last, about noon, the wind, which had previously been but light from the south east, suddenly increased to a fresh gale, when a large fishing boat in the roads was observed from the shore to be driving from her moorings. There being no time for a choice of boats, the first two at hand were taken by eight men, four in each, and rowed off to the drifting boat, which they succeeded in securing; after which, on returning towards the shore, they were hailed by the owner of one of the boats, who was on board a large pilot boat riding safely in the roads, and insisted on the crew leaving the boat alongside. The two crews were thus forced to go into one boat, which became overladen; and although the poor fellows exerted themselves to the utmost in their perilous situation, no sooner had they reached the breakers which were some distance from the shore, it being low water at the time, than their overladen bark became unmanageable, and capsized. The sea being very rough, and the men heavily clothed, they had great difficulty in making head way through the breakers; four of them, however, fortunately succeeded, one of whom, in a very exhausted state, was assisted by Mr. HENRY TRESTRAIL, of East Looe, who on seeing the accident rushed through the surf, seized him at a fortunate moment, and brought him safely to shore; but, melancholy to relate, the other four were drowned, leaving four widows, and two young families, to lament the loss of their sole support. As an inquest will be held on the bodies, we hope to be enabled to give fuller particulars of this melancholy affair next week. Two of the unfortunate men, we understand, were called PENGELLY, and the other two GIDDY and SYMONS.

FATAL MINE ACCIDENT - A miner, named RICHARD CHYNOWETH, was killed in the Account House shaft, at Callington mines, on Saturday morning last. The whim rope (a patent wire one) have accidentally broken, the kibble fell down the shaft, and dropped on his head, by which almost every bone in his body was broken, and death instantly occurred. He has left a wife and three children to lament their [great loss?].

CASE OF SUPPOSED POISONING - The adjourned inquiry in the cause of death of Peter Bonython of Kea was resumed at the Cornish Arms, Calenick. The evidence of the brother of the deceased was read over, as were the depositions of Dr. Barham, Mr. Kirkness, surgeon, and other witnesses. However, the report of the analysis of the stomach contents had not arrived from Plymouth. In order that the case may not be prejudged by the public or jury, we decline publishing the evidence already taken, until the whole is concluded.

CORONER'S INQUEST - On Saturday last, an inquest was held before W. HICHENS, Esq., coroner, in the parish of St. Just in Penwith, on the body of JOHN THOMAS, aged about thirteen years, who met with his death on the preceding day, by falling into a shaft in Wheal Unity mine, in that parish, whilst in the course of ascending it. The deceased worked in the mine, and being at the surface, volunteered to go down for a hatchet, which the timber man was in want of; and in ascending with the hatchet in his hand, it was supposed that he must have missed his holdfast in the ladder. The hatchet was heard to fall through the shaft, upon which the deceased was called to, but he did not answer, and the persons at the surface suspecting that an accident had happened to him, went down, and found him at the bottom of the shaft quite dead. Verdict, accidental death.

On the 6th inst., Mr. HICHENS held an inquest at Goldsithney, in the parish of Perranuthnoe, on the body of a child named JOHN LYNE GILBERT, aged about eleven weeks, who was taken to bed by the mother on the night of the 4th instant in apparently perfect health, and found dead by her on the following morning. She expressed her entire belief that she had not overlain the deceased, but was wholly unable to account for his death. She was represented to be a person of good character, and a fond parent; and there did not appear to be the slightest ground for supposing the death to have been occasioned by violence or any improper treatment. Verdict, found dead - cause unknown.


17 OCTOBER 1845, Friday


LOCAL INTELLIGENCE

PENZANCE QUARTER SESSIONS - these sessions were held on Wednesday, the 8th instant, before the Recorder, and the borough magistrates. There was only one case for trial, that of a female called HOSKING, who was indicted for having kept a house of ill- fame. Mr. PASCOE conducted the prosecution. The jury found her guilty of having kept a disorderly house, and the Recorder sentenced her to be imprisoned at hard labour for the space of three months.

HELSTON QUARTER SESSIONS - these sessions were held on Thursday, the 9th instant, before HERMAN MERIVALE, Esq., the recorder. The learned gentleman, in addressing the grand jury, congratulated the authorities and the town generally on the good order of the borough, and the decrease of crime throughout the county. Only one case was to be brought before them, and that was not of a serious character. ... The case to be tried was that of HENRY JAMES, who was indicted for an assault upon AUGUSTUS WILLS PASCOE on the 4th of October, at Helston. The jury found him guilty, and he was ordered to pay 10s. fine, and the costs incurred.

FALMOUTH QUARTER SESSIONS - On Friday last, these sessions were held before H. MERIVALE, Esq., the Recorder. His worship, in addressing the grand jury, congratulated the town on the manifest decrease of crime. [...] FREDERICK SMALL stood indicted for having stolen, on the 2nd of August, two jackets, a pair of trowsers, and one pair of boots, out of a fishing boat lying off Upton Slip, Falmouth, the property of JAMES LEWIS and WM. ROBERTS. The prisoner was prosecuted on two indictments, and pleaded guilty to each. He was sentenced to three months' hard labour. In the Court of Record, the case of ROWE v. BARAGWANATH was brought forward. [It was an intricate dispute respecting the right to an oyster laying; the merits of the case were not gone into, but will be heard in detail next sessions.]

HAYLE RAILWAY - On Monday afternoon last, the man stationed at the gates near PICK's hotel, at Copperhouse, neglected to throw them open in time for the down train to pass through; and the consequence was that the train ran against them at full speed, and smashed both gates to atoms, flinging the fragments on either side. Happily no further damage was sustained, and the train proceeded on its journey. We need scarcely add that the man whose duty it was to attend to the opening of the gates, was immediately and very properly dismissed.

THE FISHERIES - St. Ives - Several large shoals of pilchards were seen in the bay on Wednesday afternoon, but did not come within reach of the seans. Just before dark, however, HOCKING and CO., and the UNION CO., enclosed a shoal of about 500 hogsheads, which are warped in in safety. As the fish are passing westward, it is hoped a large quantity will be taken shortly. Cadgwith - On Wednesday last, between 500 and 600 hogsheads of pilchards were taken by one of the seans at this place; but the drifters have done nothing for the week.

OPENING OF A NEW CHAPEL - On Friday last, the New Wesleyan chapel, at Bossullow, near St. Just in Penwith, was opened for Divine Worship, when two sermons were preached by the REV. ROBERT YOUNG, of Truro. On the following Sabbath, there were three services in the same chapel, when the Rev. THOMAS WOOD, of St. Ives, preached. The collections on the occasion were most liberal, producing the handsome sum of GBP 53. Towards the erection of this chapel, Messrs. R.J. and C. HITCHENS, of Lanyon, have most liberally contributed.

MYLOR - In consequence of a communication made to the Board of Admiralty respecting the burial of bodies thrown on shore, or that may die on board ship in the harbour of Falmouth, in the church-yard of this parish, and the payment of fees for the same, their Lordships have given directions to the Master in charge of Her Majesty's Ship "Astraea," to cause a piece of land to the north of Mylor church yard, situate on the government land, to be fenced off and assigned specifically for this purpose.

LONGEVITY - At Crosstown, in the parish of Morwinstow, resides an old woman, called MARGARET NEAL, aged 96 years. She is the mother of ten surviving children, the grandmother of 35, and great-grandmother of 60. This ancient dame rises by six o'clock every morning, and a few days ago, she washed the clothes of her family, and hung them out to dry by seven o'clock a.m. Her husband, who is 93, enjoys with her the blessing of good health.

EXTRAORDINARY PRODUCE - A man named PETER COCKING, of Mevagissey, who rents a piece of ground of J. H. TREMAYNE, Esq., of Heligan, grew this year upwards of three cwt. of carrots, in less than half a yard of ground. The carrots averaged upwards of twelve inches in length and many of them were more than eight inches in circumference.
TRURO POLICE - On Thursday, the 9th inst., BENJAMIN HOSKIN, of St. Just, was charged with begging, and was sent to the House of Correction for one month's hard labour. On Monday, JOHN CHALRES PASCOE, of Truro, was charged with stealing apples, the property of MR. JOSEPH THOMAS, of Hendra, and was committed to the House of Correction for one month's hard labour. On Tuesday, JAMES HUGO, alias SPANKER, of Truro, was charged with trespassing in the garden of W. M. TWEEDY, Esq., and was sent to the House of Correction for three months, to hard labour.

THE LATE FATAL ACCIDENT AT LOOE - We are glad to find that on the day following that on which four poor fishermen, named DAVID GIDYE, JOHN SYMONS, RICHARD PENGELLY, and JAMES PENGELLY were drowned by the upsetting of a boat at Looe, as stated in our last week's paper, a meeting of the inhabitants of the town and immediate neighbourhood took place, and a subscription was entered into for the benefit of the four widows and seven children of the unfortunate men. It appears that JAMES PENGELLY, who was the harbour pilot, is universally regretted on account of his readiness and daring in rendering assistance in cases of accident similar to that by which he has lost his life. Being an expert swimmer, he has, at different times, succeeded, at great risk, in saving the lives of his fellow creatures. In private life, too, his philanthropy far exceeded his means; for, having no children of his own, he adopted, at different times, no fewer than seven, who had been left destitute, and maintained them as his own, so that his disconsolate widow is, in consequence, left in most indigent circumstances. We understand that subscription lists are also open at the county banks in aid of the fund intended for the relief of so many destitute widows and children.

GARDEN ROBBERY - On Thursday night, the gardens of J. WILLIAMS, Esq., Burncoose, were robbed of a large quantity of fruit and the trees greatly damaged.

APPLE STEALING - On Saturday last, five females, employed to gather apples in the orchards of JOS. T. TREFFRY, Esq., of Place House, were committed by the REV. JOHN KEMPE, for two months, for stealing the fruit.

MELANCHOLY AND FATAL ACCIDENT - On Saturday last, an aged branch pilot, residing at Mousehole, called JOHN PEZICK, left that place and proceeded to Newlyn, where he was seen during the evening. He left one of the Inns at that place between nine and ten, for the purpose of walking home. In consequence of the old man not reaching his home, his sons went to Newlyn and Penzance in search of him, but could obtain no intelligence, further than what we have stated above. On Monday morning, the body of the unfortunate man was discovered upon the rocks between Newlyn and Mousehole; and upon examination, it was ascertained that the skull was dreadfully fractured... It is conjectured that the deceased must have missed his way, and walked over the hedge, falling upon the rocks beneath, a depth of from 50 to 60 feet.

CORONER'S INQUEST - On Wednesday last, an inquest was held before J. CARLYON, Esq., coroner, at Sinns, in the parish of Redruth, on the body of MR. NICHOLAS HARRIS, of that place, aged 45 years, who was found early that morning hanging to one of the beams in a lumber room over the cellar. He had been in a low dejected state of mind for some time past, and the jury, after hearing evidence to that effect, at once returned a verdict of temporary insanity.

COURT OF BANKRUPTCY On Friday last, Mr. Commissioner Stevenson, of the Bristol district, sat in the place of Mr. Commissioner Bere, when HARLEY's bankruptcy was brought before the court. The bankrupt, who resided at Penzance, did not appear to surrender his fiat, and it was reported that he had gone to America. Proclamation of outlawry was made against him in due form.

CORNWALL MICHAELMAS SESSIONS

These sessions commenced on Tuesday last, in the County Hall, Bodmin. The calendar contained the names of thirty-nine prisoners, principally committed for minor offences. There was a very full attendance of the magistracy of the county.

TRIALS OF PRISONERS

WILLIAM BONNETTO, 40, was charged with having stolen, in the parish of St. Just, a flannel shirt, the property of EDWARD NANKERVIS. Guilty.

MARIA ELLIS, 40, was convicted of stealing, in the parish of Gulval, a fagot of furze, the property of BENJAMIN PEARCE. The jury recommended the prisoner to mercy.

ROBERT CHING, 47, was charged with stealing a donkey, the property of JAMES WILLIAMS, of Crowan. This trial was somewhat amusing, a grave question arising as to the identity of the donkey. The jury could not agree about the matter, and were locked up; but eventually they Acquitted the prisoner.

The Court then rose.

WEDNESDAY, OCTOBER 15

ALEXANDER BARBERY, 18, pleaded Guilty of stealing a horse, the property of JOHN ROGERS, at Warleggan.

WILLIAM JOHNSON, 18, pleaded Guilty of stealing a great coat, from ROBERT WOODMAN, of Warleggan.

JOSEPH WILLIAMS, 28, was charged with stealing at Creed two bullocks, the property of WILLIAM NORTHY. The bullocks - a cow and heifer - were taken from the prosecutor's cattle-house, from among five bullocks, on Sunday night, the 17th of August. The prosecutor and his man-servant went in search of the bullocks, eastward, and on Tuesday came to Mr. PALMER's, a respectable farmer, at Cuddenbeak, in St. Germans, in whose field they found the two bullocks. MR. Palmer had bought them of the prisoner on the previous day between Liskeard and Torpoint, in which parish, at Trethurst, he said he lived. He was told to drive the bullocks back to Cuddenbeak, and call there the next day, Tuesday, at eleven o'clock, for the money. Before this time arrived, Mr. Palmer's suspicions had been aroused, and he desired a constable to be in waiting. On the prisoner's calling, his conduct, the circumstances of which were minutely detailed, confirmed the suspicions previously entertained. At length, instead of going into Mr. Palmer's parlour to have a glass of grog, and receive his money, he bolted at the back door; but was soon secured by young Mr. Palmer and the constable HAWKE. He was taken before a magistrate and committed for trial. For the defence, Mr. BENNALLACK suggested that the prisoner was the dupe of, or employed by, other persons. No witness was called, however, on his behalf. Verdict, GUILTY. [see JOSEPH PERRYMAN below; they were one and the same person. jm]

WILLIAM HENRY PASCOE, 19, and STEPHEN MOYLE, 14, were charged with stealing 66lbs. of lead, on the 29th of June, from a cistern attached to Antron House, in Sithney, the property of the REV. JOHN ROGERS. Against the younger prisoner there was no evidence, but of his having accompanied the elder prisoner to the shop of Mr. HOSKIN, a tinman in Helston, when offering pieces of lead for sale. Against the prisoner Pascoe, it was proved that the pieces offered by him for sale corresponded with the holes in the cistern, with which they were compared two days afterwards. There was also evidence of his having given suspicious and contradictory statements of the mode in which he came by the lead. Pascoe, GUILTY; Moyle, NOT GUILTY.

COUNTY BUSINESS - REPORT OF THE GOVERNOR OF THE GAOL - Mr. EVEREST reported that the number of prisoners in custody was reduced, being now less than at the corresponding periods of the last three years. He could not conclude without alluding to the very objectionable practice of contractors sending prisoners to Bodmin without attention to the security of male prisoners, or the protection of females. He had pointed out this subject of complaint to the contractors, but it had not been remedied. A short conversation ensued, when Mr. Everest mentioned a contractor named DAW, who had send a prisoner named ELIZABETH CURRY, from Liskeard to Bodmin by a common carrier [one of the vans]. The escape of two prisoners from this contractor was mentioned, and the conduct of a contractor named WILLS, at Torpoint, was spoken of. Mr. Everest said the fact was the contractors made a very considerable charge for their contract, and then sent the prisoners by the vans at a shilling a head. The Governor further said that he never refused to take prisoners who had been committed late - he took them as late as ten o'clock. Sometimes, however, the prisoners were kept on the road for several days, before they were committed to his custody. Several of the Magistrates spoke of this delay as severely reprehensible, and no longer to be permitted. It was then moved by Mr. ELLIS, and seconded by MR. COLMAN RASHLEIGH, that the sum for conveying the prisoner Curry should be disallowed to Daw, the contractor, and that enquiry be made into the conduct of the Torpoint contractor, Wills. The Chairman admonished Daw, telling him that the practice of sending prisoners must be discontinued, and what he said to him he intended to reach the whole of the contractors.

The Chairman read the report of the committee, appointed yesterday, to consider the Act of the last session, for the removal of paupers from Scotland, Ireland, &c., to places in England. The committee had resolved that it was desirable to communicate with the authorities at Bristol, Liverpool, and other ports, with a view to obtain information as to the course to be pursued. The Committee to report the result of such correspondence at the next Epiphany Sessions.

TRIALS OF PRISONERS RESUMED

GRACE PHILLIPS , 19, pleaded Guilty of stealing two muslin collars, from WILLIAM TIMMINS, of Penryn.

JOSEPH PERRYMAN, 28, (who was just now found guilty, under the name of JOSEPH WILLIAMS, of stealing two bullocks from MR. NORTHY of Creed) was now indicted for breaking into the killing-house of THOMAS TRENERRY, a butcher, in the parish of St. Clements, and stealing therefrom a quantity of meat - beef, mutton, and lamb. Mr. J. B. COLLINS conducted the prosecution; Mr. BENALLACK defended the prisoner. [Prosecutor killed a bullock, four sheep, and five lames, which he left in his killing-housed between eight and nine o'clock in the evening of the 18th of July. The killing-house was under the same roof as his dwelling-house, and within the same courtlage. The next morning, two sides of beef had been cut down, and the belly parts taken away with part of the kidney meat. He also missed a whole sheep, and two hind- quarters of lamb. Later the same day, he saw this meat in the possession of ROWE, constable of Truro.] WILLIAM ROWE, constable, stated he searched the prisoner's house at New Mills, Kenwyn, and found four quarters of mutton, and four quarters of lamb, with a quantity of beef and suet in a basket. Showed these things to prosecutor and he identified them by his mode of cutting and dressing it. PETER BROWN knew the prisoner, who had lived for three years in a house belonging to witness's brother. Saw him between eleven and twelve o'clock on the night of the 17th of July, on horseback, with some sacks under him, going in the direction of prosecutor's house, from which he was then distant about a mile and a half. GEORGE PAINE, inspector of police at Truro, had known prisoner for two or three years. His name was Joseph Perryman, and he had resided in the house described by previous witness. The examination of the prisoner before the committing magistrates was then put in. In it, the prisoner stated that all the meat found in his house was bought and paid for. For the defence, two objections were taken to the indictment; first, with reference to the nature and situation of the premises, and next, that the prosecutor's brother was in partnership with him, and that therefore the property should have been laid in the two brothers. After particular examination of the prosecutor on these points, and the exhibition of a rude model of the premises, with law books &c., the court over-ruled the objections, and the jury found the prisoner Guilty.

RICHARD BURT, 27, was found Guilty of stealing honey and honeycombs, the property of WILLIAM LOBB, the younger, at Chapel, in the parish of Broadoak.

THOMAS PHILPOTT, 32, was charged with having feloniously embezzled certain money, the property of his master, HENRY ESSERY, a coal merchant at Launceston. {prosecutor employed prisoner in his coal-yard at Northill; prisoner received no wages, but was to sell coal at cost price, and to be remunerated by the profit.] He was also empowered to sell guano, and to receive a certain sum per cwt. [On the 24th of July, prisoner received 8s. for coal of a MRS. WITHERS. Prisoner told employer he had received some money on Saturday; employer told him to account for the money on Monday. The prisoner did not come to the yard on that Monday, and the prosecutor procured a warrant for his arrest.] He was taken in Devonport on Tuesday, the 5th of August, by the constable BROOMING, of Launceston. Ten shillings and 2d. was found on him. He said if the constable had not fetched him, he should have returned. The prisoner, who was lame, conducted his own case, and cross-examined the prosecutor very intelligently. The Chairman summed up favorable to the prisoner, and the jury returned a verdict of Acquittal.

WILLIAM ROBERTS WILLIAMS, 15, was charged with having embezzled GBP 2, the money of his master, WILLIAM BAKER, a brush-maker, of Bodmin. Mr. TAUNTON, of Wadebridge, conducted the prosecution. The prisoner was employed in September, 1844, to sell brushes for prosecutor, on an arrangement by which he was to receive in payment 20 % of his receipts, with six-pence a week wages, washing and lodging. He received a sum of money from BENNETT, a shopkeeper of Luxulyan, in October of last year, and absconded. In August last, he was apprehended, being then on his way to Bodmin, in custody as a vagrant. The prisoner was an exceedingly well-looking lad with abilities of a very high order, united with considerable grace of manner, and unusual power and propriety of language, His cross-examination of witnesses was able; and his concluding address to the jury might be justly characterized as eloquent in a high degree. The jury found him Guilty; and it was very evident that his abilities are united with a sadly depraved heart. He shewed an utter disregard of the obligations of truth.

ELI LEVY, 18, pleaded guilty to a charge of stealing three pocket knives, the property of THOMAS BROWN, of Liskeard.

RICHARD CULLIS, jun., was indicted for stealing two shovels and a shovel hilt, the property of WILLIAM ROSCORLA and JOHN DENNIS. the owners were miners and fellow tributers at Fowey Consols mine. The articles were missed in June last, and ina bout three weeks after they were found in the prisoner's possession. Guilty.

JACOB HOOPER and THOMAS HARRIS, 49, were charged with stealing a gun at Liskeard, the property of WILLIAM DAWE. the prosecutor resides at Plymouth, but attends various markets and fairs with nuts, and this gun, which was alleged to be stolen, was used for the purpose of firing at a target to win nuts. MR. SHILSON and MR. CHILDS for the prisoners contended that the whole transaction was a "lark," and after a trial of considerable length, the jury acquitted the prisoners.

The court rose at half-past six.

Second Court

MARY SYMONS, 14, pleaded Guilty to a charge of stealing, in the parish of Egloshayle, two oak poles, the property of JOSEPH HORNABROOK.

STEPHEN NORMINGTON, 24, a seaman, was charged with having stolen from JOSEPH MOON, a builder, of the parish of St. Blazey, one fir spar. Guilty.

MARY YATES, 30, was charged with stealing three shillings, the property of MR. PHILLIPS, landlord of the Red Lion, Bodmin. MRS. CATHERINE PHILLIPS [testified she took her daughter's workbox into the parlour. There were three shillings in it. Prisoner entered ten minutes later. Prisoner waited in the room 2 to 3 hours, while waiting for 'a conveyance'. Shortly after, she found the money gone.] ELIZABETH BEST, a needle-woman, stated that no other person had been in the room in that time. MARY ANN EVANS, a servant of prosecutor, testified one of the shillings found on the prisoner's person, had a mark on it which she had previously observed on a shilling in the box. The mark was, however, insufficient to convince the jury of its identity, and the prisoner was Acquitted.

JOHN MARSHALL was convicted on a charge of stealing two sheaves of barley, the property of WILLIAM HITCHENS, a farmer of Polperro. The prosecutor and jury recommended the prisoner to mercy.

JOHN PUCKEY, 47, was acquitted of stealing, at St. Blazey, a brown silk umbrella, the property of RICHARD KENT.

ELI LEVY, 18, pleaded guilty to a charge of stealing three pocket knives, the property of THOMAS BROWN, of Liskeard.

RICHARD BULLIS, JUN., was indicted for stealing two shovels and a shovel hilt, the property of WILLIAM ROSCORLA and JOHN DENNIS. The owners were a miners and fellow tributers at Fowey Consols mine. The articles were missed in June last, and in about three weeks after they were found in the prisoner's possession. Guilty.

JACOB HOOPER and THOMAS HARRIS, 49, were charged with stealing a gun at Liskeard, the property of WILLIAM DAWE. The prosecutor resides at Plymouth, or attends various markets and fairs with nuts, and this gun, which was alleged to be stolen, was used for the purpose of firing at a target to win nuts. Mr. SHILSON and Mr. CHILDS for the prisoners contended that the whole transaction was a "lark," and after a trial of considerable length the jury acquitted the prisoners.

DEATH BY POISON

The inquest on the body of PETER BONYTHON, whose death, it was rumoured, had been occasioned by poison, was resumed on Friday, the 3rd instant, before J. CARLYON, Esq., coroner, and a respectable jury, at the Cornish Arms, Calenick, as we stated last week. The deceased was a labourer of the parish of Kea, and through the reports which were prevalent of the past misconduct of his wife, great interest was excited as to the result of this inquiry.

On the assembling of the jury, the coroner stated that the contents of the deceased's stomach, which had been forwarded to an eminent chemist at Plymouth (MR. PRIDEAUX) had been transmitted by him, as his time was so much engaged, to another gentleman in whose skill he had greatest confidence (MR. OXLEY). The report of the analyzation, however, not having arrived, it would be necessary, after the examination of a few witnesses, again to adjourn the inquiry.

MR. CHILCOTT, who appeared on the part of the friends of the deceased requested that the evidence of JAMES Bonython, taken at the previous sitting of the court, should be read over, which the coroner complied with. The following facts were detailed by that witness, whose evidence was given on the 26th ultimo:

JAMES BONYTHON deposed that the deceased was his brother, and was 38 years of age last May. He worked on Mr. JOSEPH THOMAS's farm till about six weeks since. Witness had heard him complain of pains in the stomach before that time, but he was able to go to his work. On Tuesday week, witness called at his house, and found him ill in bed; he remained with him that night and the following day. The day before witness saw him, he had been to MR. KIRKNESS for medicine. Either on Tuesday week or the following day, whilst witness was taking tea with deceased's wife (ELIZA BONYTHON,) he saw her twist two small pieces of paper, and light them at the candle. She threw them away, and he asked her what she was doing, when she said they were powders, and she wanted to see how they would burn. He told her it was useless to have medicines from doctors, if she did not use them, when she replied that doctor's medicines were not good at all times. Last Thursday morning, deceased wanted witness to go for the doctor to pump up something from his stomach; he said that when working at Bezoar farm he had eaten a "hobban," which continued lying in his chest, and he could not get rid of it. Witness remained with him from Sunday to the last evening (24th ultimo) when he expired. He was continually throwing up large quantities of corrupt stuff, which made witness suspect that he had been given something improper to eat. It was last June that he eat the "hobban" he complained of as lying on his stomach. He went out in the field to work after he had eaten it' this was about two o'clock, and shortly after five he came to witness's house to drink some water. He had not eaten all his "hobban" and witness said to him, "Why don't you take, Peter, the corner of your "hobban"?" Upon which he said he could not eat any more, because at dinner time he felt a pain in his stomach by eating it. The next morning, and at dinner time, he came to witness's house again for water, and was constantly complaining of pain in his stomach. Witness went to the last assizes at Bodmin, in august, and came back the Thursday following the day that Ellison was hanged. The day after witness returned, deceased told him that as he was up in the field ploughing, just after dinner, he fell back on the ground and lay there a few minutes. This occurred while witness was at Bodmin. By Dr. BARHAM - Witness saw the powders after the fire had caught them. They were small white papers and burnt clear at first; then they began to burn very dark; he did not notice any particular smell at the time. By the Coroner - Deceased left a part of his "hobban" and witness put a very small piece of it in his mouth; the rest he gave to the fowls and pigs that were before the door. By a Juryman - Witness was in the room when the question was asked deceased, during his illness, whether he had any thing against Eliza, his wife; he shuffled, closed his eyes, and made no answer. On Monday morning, when his eyes were inflamed, his wife said she would bring him some wine from Truro, instead of which she bought a bottle of gin, and she and her sister drank it. By Dr. Barham - Witness's brother had been mixing guano with bone dust and earth ashes; there were two doors in the place where he was mixing, opposite each other, so that the air could pass through. This was about the same time he complained of the "hobban". Witness had mixed guano himself, but never received any injury from it, nor every felt particularly thirsty for being employed about it. A juryman here said he had mixed nearly two tons this last season, and never felt anything from it.

DR. BARHAM, of Truro, deposed as follows: I proceeded on Saturday morning, (27th ult.) in conjunction with Mr. KIRKNESS and MR. PAUL to examine the stomach of the deceased and its contents. We found the whole circumference of the upper orifice of the stomach, called the cardiac, ulcerated, the lining membranes being separated from the parts beneath, and the surrounding membrane above and below, softened. There was a small spot about the middle of the large circumference of the stomach, showing the marks of chronic inflammation in the shape of a deposit of lymph underneath the mucous membrane. The mucous membrane was inflamed throughout, but not in an intense degree, and it was firm in texture in the other parts of the stomach. The stomach contained about half a pint of thick greenish matter, several pips of grapes, and a few other particles, some of which had been masticated, and a few were sound. These were all preserved. The examination of all the other parts we have reported, and forwarded to Plymouth. By the Coroner - Was the ulceration likely to be caused by poison - would poisons have that effect on the stomach? Dr. Barham - Yes, some poisons would have that effect, but it would be the result of the secondary influence of the poison rather than of the first taking in of the poison to the stomach. The effect of a particular form of inflammation of the stomach has been found to be produced by poison which has been taken some time previously, not in sufficient doses to cause death at once, but which produced peculiar secondary inflammation in the stomach.

Mr. KIRKNESS, of Truro, surgeon, was next sworn, and deposed as follows: The deceased was a member of the Truro Friendly Society, and I am the surgeon of that society. He came to me, I think on the 9th of August, and stated that he had been seized the day previously with an attack very like a fit - that he fell on the ground and almost immediately vomited; this was when he had just come into the field from his dinner. He very soon recovered, he said, from the sickness, but felt a good deal of pain about the stomach and throat. I could discover no apparent disease. The only symptom he then complained of was sickness; he said he could keep nothing on his stomach, and attributed his sickness to eating two or three apples immediately after his dinner. I did not see him again for three weeks after, but his wife came to me every two or three days. She said that Peter was still suffering from sickness, and could not keep anything on his stomach; he did not suffer from pain, and was not prevented from going to his work. I sent medicine by the wife, and begged her to tell him what diet he was to make use of; I sent him some powders. About fifteen or sixteen days before his death, she said he was so weak that he could not go to work, and my answer was, that either he must come to me, or I must go to see him. She said he would come the next day to see me, which he did. He was looking thin and worn, but I could not discover any symptom to account for his constant sickness; I was puzzled to account for it. I asked him whether he had been working about guano, and he said he had, but there was an interval of six weeks between his working about guano, and his attack of illness; he himself was not inclined to think that the guano did him any harm. I gave him a blister and some medicines, which I thought would allay the irritation of the stomach, and advised him to go home and keep very quiet, to take but little food, and let me know in a few days how he was, and if he was not able to come to see me I would go out to see him. He was so weak that he could not work, and it is one of the rules of the club, that if a member is not able to work, he is not allowed to go about; I therefore visited him. The sickness continued after everything he took, and he became exceedingly wasted and thin. The membrane lining the nose began to inflame, and the lining membrane of the eyes, very much, giving the eyelids quite a puckered appearance. I am now speaking of about eight or ten days before his death. He did not complain of pain in the stomach; on pressing it very hard there was a little uneasiness, but I never could hear that he complained of any pain there. He had great soreness about the throat, which came gradually higher up the throat, and the symptoms about the nose and eyes increased. These symptoms were apparent when Dr. Barham came to see him. He went on gradually wasting and getting worse until the Thursday (25th ult.) when he was seized with convulsions and died suddenly. By a Juryman - Did one of his brother say to you, we suspect that our brother had been poisoned, and you replied "it has excited my suspicions?" Mr. Kirkness - Yes. Dr. Barham and I had several conversations, but we could come to no determination about the case; we spoke of it as a very singular and extraordinary case, but I don't know that we had suspicion of arsenic at first; various things occurred to us. Dr. Barham mentioned a case of the effects of guano he had heard of, and the wife directly said that her husband had been working a great deal with guano; he had been working in a house sifting it, when his face had been crusted brown with it, and he would go and drink cold water and wash it into his stomach. It was a day or two after that, that John Bonython came, and said he was afraid things might not be right; he was afraid his wife had put him (deceased) aside. I asked his reason, and he gave a very indifferent character of her. I said it was a very extraordinary case, and we would do something to endeavour to bring it to light. Mr. Chilcott - then you had suspicion of poisoning by some unfair means before? Mr. Kirkness - O yes, before the brother mentioned it; but we had no suspicion that poison had been given him by any one, and therefore thought of the guano; from the peculiarity of the symptoms of the disease, we thought that death had resulted from other than natural causes. Mr. Chilcott - Do you know what colour papers the powders were in that you sent him?They were white, or very light brown. How would they burn? Very brilliantly, for there were small doses of nitre in them; they would burn almost like gunpowder. Mr. Chilcott - How would appears burn that contained arsenic? Witness - smoke a great deal, and there is a very peculiar odour with arsenic burning. Mr. Chilcott - On Wednesday, the 10h, the wife stated to a girl that the day before, you were out twice. Witness - I was not there at all; I did not visit him on any day twice; his illness did not require constant visiting, the great object was to prevent things being taken into the stomach. In answer to further questions, Mr. Kirkness said that deceased had told him that he was in exceedingly good health before this sickness came on him - that he had been in good health since some years before, when he had a disease of the skin. Mr. Kirkness then described further symptoms of the patient's disease. For some days before death, the tongue put on the same inflamed appearance as the throat, and there was an eruption of bladders, containing serum, in different parts of the body, about the throat, arms, and eyes; first they were perfectly white, then gradually changing to a bluish colour, and when they burst left brown dirty looking ulcers, which dried up. The first of these appeared about nine days before his death, in the throat; the eyelids were shrunk so as not to cover the ball, and the inflammation extended over the fore part of the left eye. These were the symptoms that induced me to suspect that poison had been administered, from guano, or some poison, I could not say what. Dr. Barham - there were also earlier symptoms that led to that suspicion; the poisonous influence of guano, however, has not been proved. Mr. Kirkness - We thought of guano, because a case had been reported, and we had then no other ground on which to account for the symptoms.

WILLIAM HOLMAN said he recollected being in Mr. Thomas's field sometime in the month of August, where Peter Bonython was ploughing. Witness saw him, as he held the plough, draw back, and fall on the ground; he soon rose again without assistance, and said that the day before, after he had been to dinner, he was taken very sick. By Dr. Barham - he was not convulsed when he fell on the ground, but lost his senses.

WILLIAM KNIGHT, a boy, recollected ploughing with Peter Bonython when he was taken ill. He had not been working with him the day before, but his brother had.

NANNY PEARCE, a niece of the deceased, said she was at his house last Wednesday three weeks from half-past ten in the morning till about five in the afternoon. Whilst she was there, when deceased eat his meat, he would go to the door, and throw it up again directly. He requested some hot milk and bread for dinner, and his wife prepared it. Witness did not think her so attentive to him as she ought. She told witness, outside the door, that he was better, and said that Dr. Kirkness had been there twice the day before. She said she did not think he would get over it.

Dr. Barham said that when he told deceased's wife that her husband's life was in imminent peril, and that there were reports in circulation unfavourable to her, she did not appear in any degree struck with horror at the implied charge involved in those reports, nor at the probable approaching decease of her husband. She manifested a great levity of manner when he saw her. He only saw the deceased on two days.

The inquest was then adjourned to Thursday, the 9th instant.

The first witness called, on the re-assembling of the jury, was THOMAS EYRE, a bailiff, who stated that he had an attachment in the County Court to serve at Peter Bonython's house on the 25th of August. The wife said she did not know what witness could take, except when he took her husband's clothes; she said he was rather poorly, and would never want them any more. He told her he thought she made very light of it, and she smiled.

At the close of the examination of this witness, the wife of the deceased, and her sister, MARY TREGANOWAN, entered the room, and were accommodated with seats.

The next witness called was MRS. MARY ANN BLEE, who stated that her husband was a chemist at Truro. She recollected a person coming to her husband's shop to purchase arsenic; she had done so more than once, and that was the person (pointing to deceased's wife). Witness remembered one occasion, the 18th of September last, when she came and said she wanted two-pennyworth of arsenic for her father; witness supplied her with it. When she asked for arsenic, witness said "More arsenic?" and she replied "Yes, my father is determined to destroy the rats, for now they are swarming." She had been at the shop once since, but witness could not say whether it was the Monday or Tuesday following the 18th of September. She then asked for two-pennyworth of arsenic; witness told her she could not serve her as Mr. Blee was not in the shop, and, pulling out a drawer, said there was only a three-penny packet there. She said she would have that, and she had it. Witness could say positively that she served her once before the 18th of September, and on each occasion she said it was for her father.

The Coroner (to Mrs. Bonython) - "Have you anything to ask this witness?" Mrs. Bonython - "I never bought poison at Mr. Blee's, or anywhere else in my life, and I don't know what poison is. I have bought many things of Mrs. Blee, but I never bought poison. I have got a sister that has bought such a thing as poison at Mr. Blee's, but I never did."

MR. GEORGE BLEE, chemist, was then sworn and deposed, that he had supplied Eliza Bonython himself with arsenic on several occasions, but he was rather at a loss in regard to the dates of the purchases. He had purchased apples of her; she had also been in the habit of coming for a surveyor, who was engaged in mapping and surveying the parish in respect to tithes, and she came for things which he wanted. At last she came for medicine for a child, by which witness understood she was married, which he was not aware of before, as when she purchased arsenic she said it was for her father. He recollected the 18th of September last; he had occasion to come downstairs into the shop, where he saw her; she came to purchase arsenic and Mrs. Blee supplied her in his presence. (The witness here handed in several packets, labeled "Arsenic - Poison," showing the manner in which the article was sent out of his shop.) By a Juryman - Are you satisfied that she is the person, for she has another sister in the neighbourhood about her size and appearance? - Mr. Blee - I am perfectly satisfied as to that. By Mr. M. MICHELL (the Foreman) - Did you ever ask her name - did you know her name was Bonython? Mr. Blee - I never did, but I knew her person. By the Coroner - On one occasion she said, in the shop, that she was married, and had two children.

JOSEPH POLKINHORNE, a relative of the deceased, stated that when he visited him, on the 21st of September, his wife said she had not given him half the medicine that was sent; if she gave it to him it would make him worse; all the doctors in the world could not save his life if his time was come. She also said that Peter desired to be screwed up and let no one see him after he was put in his coffin. She did not appear sorrowful, but quite cheerful, for anything witness could see. )Mrs. Bonython contradicted some of this witness's statements, declaring that he and his family had been at variance with her ever since her marriage.)

JOHN BONYTHON, a brother of the deceased, deposed that he visited him several times. He had told Mrs. Boynthon's father that he believed it was through the bad conduct of his daughter that this was brought upon Peter. He was in the room when Mary Treganowan asked deceased whether he had anything against his wife; and he answered "If I was never to enter the kingdom of heaven, it is not like that." Witness supposes he misunderstood the question.

RICHARD SKEWES, father of Mrs. Bonython, said the deceased had been failing ever since the spring of the year, and when he got worse and was asked by witness to what he attributed his illness, he said to the sifting out of a heap of guano. His brother, whom he saw at Truro one day, said his illness was caused by the misconduct of witness's daughter, and hearing various reports, witness was much hurried; and when he returned he went to the house and said to deceased "they have almost as good as said your wife has poisoned you - has your wife given you anything to hurt you, or are you labouring under anything that you suppose your wife has given you?" His reply was to witness - "No, never, never." He was perfectly in his senses at the time, and witness was sure that he heard the answer quite distinctly. James Bonython was then in the room, with deceased's wife and her sister. They had purchased arsenic for rats, but he never sent Eliza, nor did he believe her mother did. One of his daughters had bought arsenic at different times, one that was very like this; that one had five children. By Dr. Barham - If your wife or any of your family purchased arsenic where would they get it? - I cannot say; possibly at Mr. Blee's or MR. JAMES's.

MARY TREGANOWAN, sister-in-law of the deceased, said she had lived with him a great deal since he had been in the new house. During his illness he would be sometimes a little wandering in his mind, but only for a few minutes on awaking from sleep. On the Wednesday before he died he called her forth to his bed and said "Mary, they talk of opening me; don't have it done for a thousand worlds, for if there is any thing in me that ought not to be, I never had it of Eliza."

RICHARD WELLINGTON, steward of a club to which the deceased belonged, and WILLIAM HANKIN, stated that the deceased accounted to them for his illness through having sifted guano, which got up his nose and some down his throat; that he drank a quantity of cold water afterwards, and had never felt well since.

A man named COW here said he had been often sifting guano in a very close house, and it had no effect upon him. If guano could have hurted him, he should have been dead a long time ago.

The Cornoner (addressing Dr. Barham) then said - The gentleman who has had the contents of the stomach to analyze states that he has not been able to trace any arsenic in the stomach - is it possible that death might have arisen from arsenic without his having been able to detect any in the stomach? Dr. Barham - Certainly; there is scarcely an instance on record of arsenic being discovered, except it had been administered within six days of death.

In answer to further questions, Dr. Barham stated that several of the symptoms discovered on the post mortem examination - the ulceration and inflammation of the stomach, and the whole of the passages from the stomach to the mouth, with the nostrils and the eyes - had been, in other cases, found to be the effects of arsenic. He had never known any case where those symptoms had appeared from natural disease, in connection also with what was observable before death. The symptoms in this case were not corresponding with the effects of guano, as far as those effects were known. The only recorded instance, to his knowledge, of the ill effects of guano, was that of a man breathing from a sack. Mr. Chilcott - But is it not your opinion that the effects, in the present case, were produced by some mineral, rather than animal, or vegetable poison? Dr. Barham - I could not go so far as to assert it, but that is my opinion.

Mr. Kirkness, surgeon, said he was of the same opinion as Dr. Barham, as to the possibility of death being caused by arsenic, although it was not found in the stomach. Mr. Kirkness then related a conversation which he had with Peter Bonython when he first visited him at his house. I asked him if he could in any way account for his illness, to which he replied, "no;" and on asking him when he was first taken ill, he named a day in August when he was working on Besoar farm. I then enquired whether he had worked about the guano, and he said he had, a great deal. I said I had heard that guano had affected some persons, and possibly it might be that to which he replied, "I don't think it was guano, for I had not been working on guano for six weeks before I was taken ill; it was in the middle of June that I last worked on guano." Some days afterwards he begged to be alone with me, and then said "they tell me it is reported that Eliza has given me the wrong medicine, and that you are going to open my body when I am dead; I don't believe it is true, and I would not have my body opened for anything." I told him that nothing would be done but what was right and proper, and we might have to do it to clear his wife from all those reports that were about. In answer to further questions, Mr. Kirkness said his opinion was that death had been caused by arsenic; sugar of lead would not have produced the same symptoms.

The jury were then desired to consider their verdict, and after about half an hour's deliberation, returned the following, which was read by the coroner: "The jury are unanimously of opinion that the death of Peter Bonython was caused by poison, but that there is not sufficient evidence to show, when, how, or by what means, the said poison got into the stomach."


24 OCTOBER 1845, Friday


QUARTER SESSIONS

MICHAELMAS SESSIONS

Thursday, October 16
CHARGE OF RIOT and ASSAULT on BAILIFFS
RICHARD GARTRELL, MARY KING, ROSE EVA, and JANE JOHNS were indicted for a riot, and assaulting STEPHEN RODDA and JOHN MEDLIN, two bailiffs of the Stannaries court. Mr. JOHN conducted the prosecution, and Mr. BENNALLACK the defence. According to the statement of the bailiffs, they went, on the 30th of July last, to the house of Richard Gartrell, in the parish of St. Blazey, with a warrant of execution from the Stannaries Court, to levy on the goods of WILLIAM HARVEY, whose wife, it appeared, resided in the house. RODDA, one of the bailiffs, was taking an account of these goods, when RICHARD GARTRELL entered and seized him by the collar. The other bailiff told him not to meddle with the man, but just at that moment a number of women and two or three men entered, and immediately commenced an attack upon both bailiffs. One of the women, named MARY KING, took up a poker, with which she struck JOHN MEDLIN over the back and arm, while others struck at the bailiffs with sticks and a hand brush. Medlin was pushed out of the door by the women, and in the scuffle had his hands bitten, and his head and face torn with their nails, besides the blows he received from sticks, &c. After putting Medlin out, the women turned upon Rodda, and he also was ejected, after receiving a blow on the head with the poker, and two severe cuts. They then shut the door, and threw his hat out of the window. After the bailiffs were forced out, they saw a number of miners in the lane, who threw stones at them, and one of them named EDE, came down from the main body, and said there should be bloodshed before they should take any thing from the house. The bailiffs then left without taking the goods, and went to Mr. PASCOE, the magistrate, about the matter. Mr. BENNALLACK, for the defence, alleged that the disturbance was occasioned by the bailiffs seizing the wrong goods - that they had violently beaten the women - that they had prosecuted for the sake of having their expenses paid them. In proof of this latter assertion, Mr. Bennallack made reference to the 7th Victoria, c.19, by which power was given to the magistracy in petty sessions to dispose of assaults on bailiffs and other officers. The Chairman was, however, of opinion that the act did not apply to officers of the Stannaries Court, although he wished it did. The prisoners were found Guilty on the First Count, charging them with a riot. Richard Gartrell was sentenced to Two Months' hard labour, Mary King to Four Months, Rose Eva to One Month, and Jane Johns to One Month.

CHARGE OF RIOT AND ASSAULT NEAR HELSTON

THOS. LANG, THOMAS ROBERTS BROMLEY, JAS. WEDLOCK, jun., JOHN PETERS, JOHN TONKIN, SAMUEL WHITE, JOHN RETALLACK, EDWIN CHYNOWETH, WILLIAM RALPH, and WILLIAM JEWELL were indicted for having, on the 28th of July last, at Penrose, in the parish of Sithney, with divers other persons, unlawfully, riotously, and riotously assembled to disturb the public peace to the great terror of Her Majesty's subjects, and with having assaulted WILLIAM WEBB, SOLOMON ROWE, AMOS RUSSELL, MARY LUKEY, JAMES STRIKE, MATTHIAS JEWELL, and others. A second count charged the prisoners with a common assault on the parties mentioned. Messrs. JOHN, HOCKIN, and PLOMER conducted the prosecution, and Messrs. ROGERS, SHILSON, and STOKES, the defence.

Mr. JOHN stated the charge, and the circumstances which led to the prosecution, as will be found detailed in the evidence below. He then said that the question for the jury to determine was not one of right, but of riot, and contended that supposing three three parties had ever so good a right, they had no right to come down in a forcible, violent, and armed way, for the purpose of insisting upon having, by their own force and might, that which they ought to have taken other means to have possessed themselves of, by indicting the Canon if they supposed they had sustained any injury at his hands. It would indeed be a serious thing if such conduct as that of these defendants were permitted in this country, for it would lead to the greatest anarchy and confusion. He next read from "Woolwrych on misdemeanors" the acts which constituted a riot, and then laboured to shew that the defendants, among other parties, did come down and conduct themselves in a forcible, violent, and alarming manner for the purpose of attaining an end. And although no particular striking took place by the whole of these defendants, yet if it were shown that they were all present, they were all answerable as acting in concert and confederacy.

Mr. John then called NICHOLAS STEPHENS, a carpenter in the employ of Canon ROGERS, who stated that on the morning of Sunday, the 27th of July, he was at the lodge gate at Penrose, where he saw Bromley, Wedlock, Lang, Ralph, Jewell, and Tonkin, some of the defendants; Thomas Bromley and James Wedlock were breaking down the hedge below the lodge gate, which was not locked at the time. The hedge was about five feet high, and they tore it down with their hands so that a person could step up and get over it. The keeper, Weeks, remonstrated with them, and one of the three men replied that they were authorised to break it down. The keeper said "we shall build it up again to-morrow," upon which they said they would come to-morrow night and break it down again, and if the Canon, or his men, should say anything to them they would drive the Canon and his men all out of Penrose, and not let them come back again. After they had pulled down the wall they went over the gap, and passed through the park. The keeper offered to let them go through the gate, but they said, no, they would have an uninterrupted road of their own. In the course of that Sunday several people went through the gap, and scores through the gate; he should think there were 500 or 600 people in the park that day, and none of them that he saw were walking on the grass; two or three young men went up near the house. On the following evening, between seven and eight o'clock, he was again at the lodge, in company with other persons; the Canon's servants and others were there, to the number of about thirty-six. In the evening, about half-past eight, he saw the defendants Thomas Lang, James Wedlock, and Thomas Bromley come together, and the defendants Peters, Tonkin, Retallack, Ralph, Jewell, White, and Chynoweth followed them. He saw James Wedlock come forward and speak to Mr. Webb, the Canon's foreman or manager; there were from fifty to sixty persons at that time in the road. Mr. Webb was standing with his back towards the gap, which had been built up again, and Wedlock reached over and tried to pull out a stone. Webb said he should have no stone there, and after that he and Wedlock talked together. Wedlock then went up and talked with Thomas BROMLEY and others, and afterwards he came back and collared Mr. Webb. Wedlock reached over, trying to take the stones, but Webb put back his hand. Witness should think there were not more than a dozen of the Canon's party present; the rest of them were inside the hedge, and some were on the hedge. A "regular lot" of the other people then came down, making three hurrahs, and witness saw John Retallack collar Mr. Webb, who put back his hand. Retallack said, "d--n your eyes ome on; let us haul them down in the Loe pool; come on, my boys, come on." It was ten minutes or a quarter of an hour after Wedlock went back that the parties returned; there were then more than 200 people, and they all came up very fast in a body. They drove the Canon's men out of the hedge, upon which a scuffle took place, and witness received a stone on his arm. A great many stones were thrown as large as his fist,and witness heard the cracking of limbs of trees, which were some of them much injured. Witness was much alarmed, and jumped down from the hedge outside. He laid hands on no one, nor any one on him, but some of the mob were scuffling and saying they would tear it down. there was not much uproar after he jumped down, but there were people there for an hour afterwards. No one of their party excepting BOLITHO had a stick, which he always used to walk with.

CROSS-EXAMINED by MR. SHILSON: When Wedlock told Weeks on the Sunday that they should break down the wall again the next evening, Weeks said in reply, as well as I can recollect, that they would not be able to steer down so easy to-morrow night; I heard the keeper say, you had better bring a cart down with you to-morrow evening, to take the wounded off the field. (This last clause was afterwards recalled, Messrs. John and Hockin insisting that the words had been put into the witness's mouth through the peculiar form of Mr. Shilson's question.) The Witness then continued - when Wedlock first came up on Monday evening, he said the gap was neatly repaired, and stepped forward to make his way through it. Mr. Webb said the gate was unlocked and he would admit them through it, but they replied that they would have a road of their own. webb and Wedlock had some civil talk about it. It was all peaceable up to the second time when Wedlock came up and collared Mr. Webb. Retallack also collared Mr. Webb, who was standing with his back against the place of the gap. They did no more than was necessary to pull down the gap, and we would not allow it. I cannot say that either of the defendants present threw stones or broke trees. Wedlock and the others claimed to have a right of road through the park at the place of the gap. I do not know that there was ever a road at this place. The Canon had been in the habit of locking the gate, but parties could go through by asking leave. BY MR. ROGERs - I had no stick on Monday night, nor did I use the expression "one and all" that I recollect, but I may have forgotten it.

WILLIAM WEBB stated that he had been in the employ of the Rev. Canon Rogers for thirteen years. He was at the eastern lodge about six o'clock in the evning of the 28th of July, and remained till half-past ten. When he arrived, he found some workmen there to whom he had given directions to assemble in consequences of a threatened attack on the previous day. He placed himself with six others outside the wall which circles the lodge; the gap made in it on the Sunday was about 40 feet below the lodge, and he had it built up again the next morning. There were very few people came on Monday evening till eight o'clock, when he saw several persons coming down, some of whom went through the gate, which was unlocked. He had previously seen Lang, and he now saw Wedlock, Bromley, Peters, Retallack and Chynoweth. They began to put their hands over his shoulder, attempting to pull down the fence, which was only four and a half feet high, but he lifted his hand so as to prevent their reaching the wall. He reasoned with Wedlock and Bromley on their folly in attempting to break down his master's property; if they wished to go through Penrose he told them he would admit them through the gate civilly. The answer Bromley and Wedlock made was - "no, they would not go through the gate, they would have a road of their own." About nine o'clock there were perhaps 200 persons there, but he could only recognize those he had before named. They attempted to get at the wall, and the crowd were saying repeatedly "come on, come on boys, we will go through, we must have a road," and so on; Bromley was saying this repeatedly. After making several attempts to break down the wall Bromley withdrew, and the mob retreated about ten paces. Bromley then spoke to the crowd of the scenery of Penrose; he said there were some friends of his come down from Birmingham and Bristol, who were delighted with the scenery, not being aware there was such in the west of Cornwall; he made a very flowery speech. He then urged the crowd on, saying "come on, boys, come on." The crowd waited about ten minutes for Jack Wedlock, and in the meantime, James Wedlock made repeated attempts to take out stones. After that they came on in a violent manner, saying "d-n your eyes, come out here." James Wedlock "hitched" witness by the collar, and attempted to pull out a stone. John Retallack also laid hold of him as he was wresting away Wedlock, who attempted to throw him down. Retallack used violent expressions, and Wedlock next took hold of witness's right-hand man. The mob were cheering and hurraing, saying "come on my boys, down with them in the Loe, out with them." Wedlock had a stick, and he saw another man with an oak limb of a large size; several limbs were broken from a tree. A great number of stones were thrown when the mob made this charge upon them. Bromley "hitched" GEORGE WILLIAMS, one of witness's men by the collar, saying "I'll mark you, you shall feel my weight another time." When the stones were throwing witness saw the defendant, Peters, pulling MR. STEPHENS, his left-hand man. Stephens had his hat knocked off, and was pulled out some feet into the crowd, and towards the Loe. There were then expressions of "down with them in the Loe," and so on, and the violence used was so great that witness called for the assistance of MATTHEWS, a constable, whom they had with them by his master's orders. The constable came forward and required the peace in the Queen's name. they then let go Jewell, his left-hand man, and collared the constable. The constable called for assistance, upon which JAMES STRIKE, one of the men placed outside the hedge, came out. Strike was immediately thrown down and dragged twelve or fourteen feet; his hat was knocked off, and he was very severely treated. He was dragged towards the Loe Pool. (This Loe Pool was here explained to be a sheet of water seven miles round, within twenty yards of where these proceedings occurred.) This outrage and confusion, witness should think continued for half an hour. The witness was then cross-examined at considerable length by Messrs. SHILSON, ROGERS, and STOKES, and Re-examined by Mr. JOHN. The principal facts elicited were as follows: I had directions from my master to place these men there; they were 36 in number. I have had something to do with soldiering, and drw them up in a front, centre, and rear rank; the centre was on the top, and the rear inside the stone hedge. Only one of our men, BOLITHO, had a stick, which he uses to walk with. It was impossible to get at the gap without pulling us away from it. Wedlock said to me "if you take off the lock of the gate we will quietly pass through," and I replied "we can make no conditional bargain." Within my recollection, of thirteen years, there has never been a road where this gap is made. I did not live with the father of the present gentleman, and cannot say anything of the position of gates during his time. Since the last thirteen years, there has been one alteration. There was an old dilapidated stile, and beside that a gateway which was locked at times. The stile was also sometimes stopped up with briars by MR. JACKA, Mr. Rogers's tenant, in order to keep the boys from climbing over it, and getting into his orchard. I cannot say whether the public had a right of way; I scarcely ever saw any one passing over it. It was a very ancient stone stile, and when it was removed, it appeared to have been standing there with the gate a hundred years. Both that stile and the gate were removed, and we made a better road at the lodge gate, the entrance to Penrose. No stile is placed at the new entrance. I do not know the place where this gap was made was an ancient way; there was no road there fourteen years ago, but I cannot swear there was not one eighteen or twenty years ago. There are now wheelmarks outside of the hedge in the direction of Helston, but I have only heard that it was an ancient road since the gap was made in the wall. Mr. Jacka made the wheel marks when carrying off some earth that was given him, taken from the site of the lodge. The wall to which the gap was made, was built about nine years ago. I saw the progress of the work, and it went over no ancient wall. The present lodge stands partly upon the old road. The present road is twenty feet from the gap, and the old road was twenty feet higher up, being forty feet distant. The old stile, I should say, had been done away with ten years, and the gate, with a few exceptions, had been kept locked for four years; on Tuesdays and Thursdays people were permitted to pass through. The road at the end of the park, leading to Porthleaven, has also been diverted. The people have now to go about 100 yards farther round, but the new road is a better one. (Mr. HOCKIN objected to any questions concerning this alteration, as it was made under an order of Sessions.)

The next witness called for the prosecution was ALEXANDER TROOP, a gardener at Penrose, who was one of Mr. Webb's front-rank men on the evening of the 29th of July. He received a blow in the face from a man's hand. His testimony was merely corroborative of that already adduced, with the additional fact that when the constable Matthews required the peace, he displayed his staff.

SOLOMON ROWE, a farmer int he neighbourhood of Penrose, who came accidentally to the lodge on the evening of the fray, was briefly examined. He was struck on the head by a stone, and felt fear on the occasion.

JOHN RICHARDS, a carpenter in the employ of the Rev. Canon Rogers, was inside the lodge gate on the evening in question. He was struck with a stone on the shoulder, and saw some person strike a woman across her bonnet with a stick. This closed the case for the prosecution.

Mr. ROGERS, for the defence, commenced by stating that the road in question through Penrose park was not a private one as Mr. John had stated, but from time immemorial had been used by the inhabitants of Helston in their way to Porthleaven; and that these men had gone to the spot in question with the sole purpose of exercising their right of way, which they did under the advice of a man much better acquainted with the law than he was. (Mr. Rogers here alluded to four actions brought by the Canon in May, 1844, in respect to this matter, but Mr. John and Mr. Hockin objected to the allusion.) He then contended that there was a challenge on the part of Canon Rogers's men to these men to come down to meet them, and that the Canon's men were the parties who ought to have been indicted. When the men pulled down the hedge in the first instance, Canon Rogers's course should have been to prosecute them for doing so, and then the other party might have pleaded their right, instead of which they were brought into the paltry thing they had heard that day of a riot, when in fact the elements of a riot had never been proved. To constitute a riot there must be an intent on the part of three persons. In this case, however, there was only a little hustling and shaking by one or two parties, and he submitted tothe jury that no violence had been shown by the evidence, but, on the contrary, that no exertion of physical power had been used beyond what was essentially necessary under the circumstances.

Mr. STOKES next addressed the jury, stating that he appeared for three of the defendants. He contended that no outrageous violence, and therefore no riot had been committed - that in fact it had been nothing more than the assembling together of two parties, one on one side of a gap, and the other on the other, one saying we have a right to go through that gap, and the other saying you have not. He then commented on the evidence, pointing out the peaceable character of the proceedings, and submitted that the two witnesses, Weeks and strike, whose names were on the back of the indictment, had not been called by the prosecution, because the one would have proved that he gave the Helston people a challenge on the Sunday to come down the next evening, and the other witness would not be able to show that he had been maltreated at all.

MR. SHILSON followed. In addressing the jury, he first contended (reading extracts from "Woolwrych on Misdemeanors") that any persons might assemble in a peaceable manner to cast down a nuisance, and then asserted that the act of Canon Rogers, in assembling his thirty-six men, and thereby endangering the peace, was an unlawful act. A man might assemble his friends to defend his own house against unlawful entry, but he had no right to assemble his friends and servants to defend his right of way. Canon Rogers had his remedy by law, and might have indicted these parties for pulling down his fence and trespassing upon his land. But the question for the jury was, had these parties done more than was necessary to enable them to pull down this gap? He then cited a case from "Woolwrych" of a weir thrown across a river, which divers parties assembled with instruments to destroy and remove the nuisance, and made a trench in the person's land who erected the weir, in order to turn off the waters, and this was held to be neither a forcible entry nor riot. In the present instance also he contended, no riot had been committed. Against seven of the defendants there was not one tittle of evidence, and the other three used no more force than was necessary to get Mr. WEBB and his party from the wall. It was not, however, attributable to Canon Rogers's party, that a serious fray did not occur, and against them the indictment should have been brought instead of against the present defendant.

THE CHAIRMAN, in summing up, observed that he differed from Mr. Shilson in his opinion that the Canon and his thirty-six men should have been indicted for assembling. Both the attack and resistance, however, should have been carried out in such a way as not to disturb the peace. The grand question therefore was, did the persons who were now indicted conduct themselves, or not, in accordance with the peace of the public; for if three or more persons joined together in a violent manner, then it constituted a riot, which the law would not tolerate. The Chairman then read the evidence and commented on different parts of it. He observed, that at the commencement, unquestionably, the attempt to set up this right was done peaceably; but at length a number of people came up, and Wedlock took Webb by the collar. Now if Webb was lying or standing with his back to the hedge, it was for the jury to consider whether this taking him by the collar was merely for the purpose of pulling him away. Retallack also said "come on, my boys, we must have a road here; haul them down to the Loe pool." Now it was for their consideration whether these expressions did not lead to a breach of the peace. the intimation of Weeks, the keeper, on the Sunday, was in effect, that if they came again another night they should have more trouble than at the first, and this was what the keeper had much better have kept to himself. He would also remark, that the taking the lock off the gate would have been at once a concession of the disputed right, which could not have been expected when there were other modes of claiming that right, and other means of maintaining it. The question now arose, in regard to the riot, whether that object these people had in view was effected or not. The object they intended (supposing it a riot) was the passing through the gap by force. Now they did not effect the object, and it would therefore be for the jury to say whether they thought the riot was accomplished. He might observe that all the defendants were proved to have been present on this occasion, and if they were not equally violent, it was a question of degree only; they were all guilty in the eye of the law, and (as laid down by Lord Denman in 1842) as sanctioning and encouraging an illegal gathering. After observing that he need not draw the attention of the jury to the common assault, the chairman said - now as to the riot, did these people attempt to effect their object (considering there were two hundred persons assembled) with more violence of manner, gestures, and language generally than was necessary to the furtherance of the object in view? If the jury were of opinion that they did carry their project into execution with violence of manner and conduct, and exciting fears and alarm, they must again consider whether the object was sufficiently accomplished to constitute a riot altogether. The Chairman continued - If on the one hand you consider these persons to have been guilty, it attaches to them considerable punishment; and if on the other hand you acquit them, it may probably have an effect on this right, which neither you nor I wish to encourage or stop; but it is to be whiched that some other steps had been resorted to for the purpose of considering this right, rather than bringing it here in the manner it has been.

The jury then considered their verdict, and after about half an hour's deliberation, found all the defendants Guilty Of A Riot.

The prisoners were sentenced on Friday morning, when the Chairman thus addressed them: You have severally been convicted of a riot, and of assaulting William Webb and others. This court deeply regrets seeing a number of young men in so discreditable a situation, and we cannot but remark, that it was, perhaps, in a mistaken opinion of a right you fancied you possessed, and which perhaps the public do possess. We have nothing to do with that. I understand you have expressed regret that you have not been permitted to enter into your own defense, and that your witnesses had not been heard. Now I feel it my duty to say that you benefitted rather than otherwise by this, inasmuch as your interests were protected by three advocates, who manifested considerable seal in the duty devolving on them, and one of them availed himself of the opportunity of expressing to the jury what I felt it my duty to stop. If you sought to assert a right you have of going into this park, it was in your power to maintain that right and enforce that right, in a mild and peaceable manner; but unhappily, having congregated to the number of 200, you begin by small things, and proceed further and further, till at last you proceed to a degree of violence which at the first not one of you intended. I do believe that. The facts of this case, however, the circumstances of the old stile and other facts connected with it, were not before known to the jury, who evidently gave the subject the most serious consideration, and they came to a verdict with which I cannot find fault. They came to the conclusion that you were guilty, and that you committed a riot destructive of the peace of the public. We deeply regret it, but the injured law must be vindicated, and we are obliged to carry out upon you the sentence you have merited. We shall make some difference in regard to the most violent, for through them probably the rest got into the scrape. The Chairman then sentenced Bromley, Wedlock, and Retallack to One Months' Imprisonment, and others to a Fortnight each, with hard labour, and that at the expiration of the several sentences, they should enter into their own recognizances to keep the peace for twelve months, each in GBP20.

The following prisoners, whose trials we reported last week, were sentenced as follows:

Mary SYMONS, one Fortnight's hard labour
Maria ELLIS, one Fortnight
William BONNETTO, two months
Richard CULLIS, junl, two months
Eli LEVI, two months
Grace PHILLIPS, two months
William JOHNSON, three months
Stephen NORMINGTON, three months
William Roberts WILLIAMS, six months
Richard BIRT, six months
Joseph PERRYMAN, alias WILLIAMS, for the first offence, one month's imprisonment, and at the expiration of that period, to be transported for Ten Years
Alexander BARBARY (second conviction) ten years' transportation
William Henry PASCOE, six months

The Grand Jury ignored the bills against JOHN and JAMES FORD, who were committed for stealing a cart load of tin stuff or sand from Wheal Grey mine. William LAWRY, jun., committed for a breach of the peace towards WILLIAM LAWRY, of the parish of Kea, was brought up and discharged, there being no appearance against him.

APPEALS

KEA appellants, Messrs. HOCKIN and COLLINS: CAMBORNE respondents, Messrs. JOHN and SHILSON. This was an action against an order for removal of ANN WILLIAMS, a single woman, from the parish of Camborne to the parish of Kea, and the settlement was attempted to be founded by the respondents, upon an indenture of apprenticeship executed in 1809, between Rich. NICHOLLS and T. WILLIAMS, the father of the pauper. The indenture had been traced to the possession of Capt. WILLIAM TREBILCOCK, who died about twenty-three years since, and his son, Wm. TREBILCOCK, stated on examination, that after his father's decease he had access to his papers, but had never seen an indenture between Richard Nicholls and Thomas Williams - and that he could not say where the papers belonging to his late father were, but he believed them to be destroyed. Mr. HOCKIN, for the appellants, contended that before any secondary evidence could be admitted, it must be shewn that all sources of primary evidence had been exhausted, and in support of his argument he quated a recent decision on a case in the Court of Queen's Bench, with the judgments of Lord Denman, Mr. Justice Coleridge, and Mr. Justice Patteson upon it, shewing that there must be a bona fide and diligent search from one party to another in such cases. In this instance, however, no inquiry had been made of the esecutor, but merely of the son of the deceased, who said "I had access to my father's papers, &c." The respondents, he contended, were bound to enquire further into the matter. [Mr. JOHN for the respondents cited other cases to show that if there was sufficient evidence to satisfy the minds of the removing magistrates, the magistrates in sessions could not say there was no evidence of search before them.] Mr. SHILSON followed, contending that the son must be presumed to be the father's executor as he had access to all his papers, and to him the respondents had applied. With regard to using diligent search, the question was whether they could have any reasonable supposition that the document was elsewhere. The Chairman remarked that the son said he had access to his father's papers, not that he had searched among them. Order quashed - maintenance GBP 2 12s. 6d.; costs GBP 5.

LANDULPH, appellants, Messrs. JOHN and ANSTIS; ST. IVE, respondents, Messrs. SHILSON and BEER. In this case a pauper named GEO. SKINNER had been removed from St. Ive to the parish of Landulph upon a birth settlement, which, however, was admitted by the respondents, who then set up a subsequent settlement from hiring and service in Linkinhorne, with a farmer named DINGLE, of that parish. The case occupied a long time in hearing, but presented no new features of interest. The court held the settlement to be proved, and quashed the order. No maintenance, costs GBP 5.

CROWAN appellants, Messrs. HOCKIN and LYNE; TYWARDREATH, respondents, Messrs. SHILSON and DARKE. This was an appeal against an order for the removal of JOHN SYMONS and his wife from the parish of Tywardreath to Crowan. Mr. HOCKIN on the part of the appellants, took several objections to the examinations founded on the provisions of the 49th Geo. 3rd. [a long list of court cases cited by Mr. HOCKING then followed; the court overruled each of his objections in order.] Mr. Hockin then stated that the order recited a complaint as having been made by the churchwardens and overseers of Tywardreath, and called upon Mr. Shilson to prove that complaint, which he did by calling Mr. WILLIAM RUNDLE, one of the overseers of Tywardreath. The case then proceeded on its merits. The pauper proved that when about eleven or twelve years of age, he lived as a servant with Mr. JOHN JENNINGS, at Cardynham farm, in the parish of Crowan. The order was therefore confirmed; maintenance GBP 4 12s.; costs GBP 5.

FOWEY, appellants, Messrs. SHILSON and HOCKIN; CAMBORNE, respondents, Messrs. JOHN and DARKE. This was an appeal against an order for the removal of William JAMES JAGO, his wife, and two children, from the parish of Camborne, to Fowey. The appellants admitted the settlement in their parish, and then attempted to set up a subsequent settlement in the parish of St. Austell. It was shewn by the examinations that about Christmas, 1830, the pauper had been hired by RICHARD HENDY, of St. Austell, under a contract for four years, but that he only served two years and a half of the time for which he agreed. the decision therefore turned upon the interpretation of the 4th and 5th William IV, which enacts that after the passing of that Act no settlement should be acquired by hiring or service, and the 65th section provides that no hiring and service not then completed should gain a settlement. Messrs. JOHN and DARKE (for St. Austell) argued that the pauper's contract having commenced about Christmas, 1830, the four years would not extend to Christmas, 1834. The contract was not therefore completed at the time of the passing of the act, and therefore no settlement was gained. The appellants, however, contended that the contract having been broken off at the end of two and a half years, a settlement was gained before the passing of the act. The respondents replied that there was nothing on the face of the grounds of appeal to show this dissolution of the contract, or whether it was afterwards served out in another parish. The bench ruled that the settlement was not proved. Order confirmed; maintenance, 13s.6d., costs GBP 5.

SECOND COURT

THURSDAY, OCTOBER 16, Before C. B. Sawle, Esq

FRANCIS LUKEY and WILLIAM SCHOLLAR were found guilty of assaulting Thomas TIPPETT, a peace officer in the execution of his duty. The assault took place at Sithney, on the 25th of August, on the occasion of an attempt to recover some goods which had been removed from another parish, to avoid distraint for rent. Francis Lukey was sentenced to Four Months' hard labour, and William Schollar to Two Months.

ZACHARIAS CARTHEW, 47, ELIZABETH CARTHEW,44, ELIZABETH ANN CARTHEW, 17, STEPHEN PELLOW, 31, and JAMES SMETHERAM, 28, were found guilty of a common assault on THOMAS EYRE, a bailiff of the Stannary Court. The assault took place on the prosecutor's attempting to levy execution for GBP 8.8s.6d. on Zacharias Carthew, on the 14th of July. The defendants were all members of one family at Redruth; their case excited some commiseration, probably from the fact of the necessity of distraint having apparently been consequent on a long, disabling illness of the head of the family, Zacharias Carthew. The jury and the prosecutor joined in recommending the defendants to the merciful consideration of the court. Zacharias Carthew was sentenced to One Month; Elizabeth Carthew to Two Months; Elizabeth Ann Carthew to Two Months; Stephen Pellow to One Month; and James Smetheram to Three Weeks' hard labour.


31 OCTOBER 1845, Friday


PACKET INTELLIGENCE

FALMOUTH - Monday, October 27 Arrived, H.M. packet SEAGULL, Lieut. DICKEN, with mails and passengers from Brazil, &c., having left Rio de Janeiro on the 3rd, Bahia on the 18th, and Pernambuco on the 25th of September. She brings on freight about GBP 26,000 in gold and diamonds. - In the river Plate matters are in statu quo, except that two commissioners from the plenipotentiaries had arrived at Rio by the RACER, and they had sailed for Europe, in a French ship, for the purpose of consulting with the governments of England and France as to a land force being sent by each power to assist the ministers to carry their point.

LOCAL INTELLIGENCE

The CUSTOMS - Mr. WREFORD, clerk in the Long Room, of Exeter, has been appointed Comptroller at the Port of Fowey.

BODMIN AND WADEBRIDGE RAILWAY - This line of Railway has just been purchased by the Cornwall and Devon Central Company, and is intended to form a branch from their trunk to Padstow, for the purpose of opening a communication with Cork, and bringing that city within twenty hours of London. The purchase money is said to be somewhat under GBP 36,000.

CORNWALL RAILWAY - Mr. BRUNEL is at present in the county, on matters connected with the survey of the new line of this company, and has inspected the proposed line of this company, and has inspected the proposed stations at the different towns through which the line will pass.

FALMOUTH, HELSTON, and PENZANCE RAILWAY - A meeting of the inhabitants of Helston took place at the Star Inn, on Monday last, to meet the promoters of this proposed line of railway, and to take into consideration the plans which they had to lay before the meeting, in order to judge whether they were such as the requirements of the town and district called for. The chair was taken by Mr. THOMAS ROGERS, who addressed the meeting, after which MR. HARVEY, London solicitor to the line, explained the course which it was intended to take through the district. Mr. BAMFIELD, of Falmouth, local solicitor to the proposed company, and Mr. NASH, the secretary, also addressed the meeting in support of the project. Resolutions (for which see our advertising columns) were then moved and seconded by Messrs. J. KENDALL, W. PENBERTHY, JAMES CLARKE, T. JULIAN, W. SLEEMAN, and T. H. EDWARDS. The resolutons were all passed nem.con., and a local committee was appointed by the meeting. On Tuesday and Wednesday last, meetings were also held at Falmouth and Penryn to consider the accommodation afforded by the projected line, when resolutions were passed, which will also be found in our advertising columns, pledging the inhabitants present to promote the undertaking by the most united and persevering efforts.

MINING - A correspondent, upon whom we can depend, informs us that the lead mines in the neighbourhood of St. Teath are likely to become of great importance. Several new discoveries have lately been made, in which the veins of ore are rich both in silver and lead. Some few years ago, Treburgett mine was worked there at a great profit; and the lodes now discovered are to the full as good in quality as those in Treburgett. On Wheal Trewennan the adventurers have decided on forthwith erecting a powerful steam-engine, which will put the mine in full work, and give great employ in the neighbourhood.

On Friday last, a steam engine was put to work on the land of WILLIAM VICE, Esq., of Truro; and several promising copper and tin lodes are said to have been discovered on the sett.

A very rich copper lode has lately been cut int he Caradon Consols mine, situated about three-quarters of a mile west of South and West Caradon mines. This will encourage the owners of the many mines working in that neighbourhood to renewed exertions.

TRURO INSTITUTION - A lecture on "Pictorial Anatomy and the Philosphy of Expression" as connected with the fine arts, was delivered by MR. BULLMORE, at the Assembly Room, on Friday evening last. The lecturer showed, by referring to the works of ancient Grecian art, that the "ideal art," although representing forms superior to individual nature, is strictly in accordance with the beauties of nature. [this article continued on in the same vein for several paragraphs. jm]

WADEBRIDGE INSTITUTION - On Thursday, the 23rd instant, a bazaar, in aid of the objects of this institution, was held in the rooms, and was attended by a very large number of the town and neighbourhood; and the handsome articles which the industrious fingers of the ladies had produced, met a rapid sale. A band of music was in attendance during the time the bazaar was open; and in the evening Mr. JOHN SHERER delighted a very large audience with his lecture on Scottish song. It was at this institution Mr. Sherer first appeared before an audience as a public singer, and the favourable impression he then made has been greatly increased. Few have ever heard the songs of Scotland delivered in finer voice or in better taste; while the feeling and dramatic power with which they were given carried the audience with him. Mr. Sherer only requires to be known to become deservedly popular.

BODMIN - Mr. SHERER gave a lecture on Scottish Song, at the long-room, Oliver's Hotel, Bodmin, on Monday last, under the patronage of the worshipful the Mayor. The room was densely crowded, and a more delighted audience has seldom been witnessed. Mr. Sherer's singing is marked by great taste and feeling, with a most thorough understanding and appreciation of the bards of Scotland, to which expression is given by a voice of the finest quality.

TUCKINGMILL WESLEYAN SUNDAY SCHOOL - On Thursday, the 23rd inst. the sunday-school teachers' half-yearly meeting was held, when about sixty teachers and friends of the institution took tea together, after which several admirable addresses were delivered, and important matters discussed relative to the school, the intervals being filled up with music performed on the organ by Mr. THOS. DAVEY, jun., accompanied with singing, much to the gratification of the company.

THE FISHERIES - St. Ives. Several shoals of pilchards have been seen in the bay during the week. On Monday, Hitchings, Batten and Co., landed 400 hogsheads, and on Tuesday, Bolitho & company caught about 100 hogsheads, which were landed on Wednesday morning. It is reported by vessels just arrived that a large quantity of fish was seen off St. Agnes.

TRURO POLICE - On Monday last, JOHN WOODGATT was fined 5s. and costs for assaulting JOHN NORTHEY. THOMAS DUNSTAN, THOMAS OSBORNE, and ISSAC ANDREW were charged with assaulting SAMPSON DEEBLE, SAMUEL VIGERS, and others, early in the morning of Sunday, the 19th instant. The complainants, six in number, were drinking in the New Inn, Kenwyn-street, when some angry words passed between Sampson Deeble, one of the complainants, and Thomas Dunstan. The complainants left at a late hour, and were going home with their wives, when on ascending Chapel-hill they were overtaken by the defendants, with about twenty others. Dunstan immediately challenged Sampson Deeble to fight, which the latter declined on that occasion, but said he would fight him at any other time for a sovereign. The whole party then fell upon the complainants, striking them severely with stones and sticks. Resistance was in vain against such numbers, and the complainants were so much beaten that they could not! appear against the defendants for a week afterwards. Warrants were issued against several other parties as taking part in the assault, but their identity could not be satisfactorily proved. An alibi was attempted to be proved in behalf of Osborne, but on hearing the evidence the magistrates convicted all the defendants. Thomas Dunstan was fined GBP 1 and costs, Thomas Osborne 5s. and costs, and Isaac Andrew 5s. and costs. On Tuesday, Jane GODOLPHIN and Martha VERCOE, for drunkenness, and being disreputable characters, were fined 5s. and committed for one month to hard labour.

THE LATE ALLEGED RIOT AT PENROSE, NEAR HELSTON - On Tuesday last, seven of the persons who were sentenced to a fortnight's imprisonment at the last county sessions for a riot at Penrose, returned home, and were met by hundreds of the inhabitants and their friends, about two miles out of the town, on the Truro road. The crowd preceded them to the top of Wendron-street, where a merry peal on the church bells welcomed them once more to their native town. It being fair day, there was great bustle and excitement in the streets; but the well-known order of the town prevailed throughout. The greatest sympathy appears to prevail among the inhabitants generally, for the remaining three whose sentence extended to a month's imprisonment; and, no doubt, they will be similarly received when their sentence expires. It is supposed the inhabitants will now take the necessary steps to prove their right of way through Penrose.

CAMBORNE - At the petty sessions, held here on Tuesday se'nnight, three young men named BLEWETT, SIMMONS, and GLANVILL, of Treswithian, were committed to Bodmin, to take their trial at the next Assizes, for committing a capital assault on a girl called BENNETT. Three young men from Copperhouse, charged with assaulting some young men and females of Camborne, at Copperhouse, a fortnight since, and dreadfully beating one young man named TYACK, were severally fined GBP 1.13s.6d. each.

APPLE STEALERS - On the 14th inst., JOHN DEACON, mason, and JACOB NANSCAWEN, shipwright, both of Saltash, were committed by the Rev. T. H. LEY and CAPTAIN TUCKER, at the Torpoint petty sessions, to Bodmin gaol, for one month's imprisonment at hard labour, for stealing apples, on Sunday, the 21st of September last, from the orchard of MR. BENNETT, of Pill House, in the parish of St. Stephen's.

THE LATE GALES - We noticed a few weeks since, that a small fishing boat, belonging to Cape Cornwall, with three men in her, named HENRY JOHNS, JOHN EDDY, and RICHARD WALTERS, was driven out to sea in a gale of wind, and it was feared that the crew had perished. About ten miles W.S. W. of the Longships, however, they were fortunately picked up by the smack "REBECCA," Captain WILLIAM MURRAY, who after very kindly treating them took them to Milford head, where he transferred them to the schooner "YOUNG GIPSEY," Captain DAVIES, who took them to Newport. He there kindly assisted them and procured them a passage to Bristol, whence they reached Hayle on the 25th ult., by the "HERALD" steamer, the captain of which also treated them with great humanity and kindness. We are requested to recur to this subject by the fishermen, who wish to express their gratitude to their benefactors, and especially to CAPTAIN MURRAY, to whose timely assistance they are indebted for their prese! rvation.

SHIPWRECK - On the morning of Monday, the 13th inst., the sloop "PENQUITE" of Fowey, laden with oats and bound from Limerick to London, was cast ashore on a reef of rocks at Killelan, N.E. of Valentia. the crew are all saved, but the vessel is gone to pieces. - Kerry Examiner

THE "DART" STEAMER - On Tuesday last, the "DART" steamer, while plying on the river between Truro and Falmouth, struck against the anchor of a vessel just below Malpas, and the injury thereby occasioned caused her to sink. We understand that measures are to be taken to raise her again as soon as possible.

ACCIDENT - A man named GEORGE DENNIS was engaged on Wednesday se'nnight at a quarry in the parish of Paul, in guiding a large block of granite into a cart, when the chain by which the stone was suspended from a triangle broke, and the huge block, weighing a ton and a quarter, fell upon the poor man's foot, and completely crushed it. Medical assistance was immediately procured, and he was carried to his home at Croft West, where it was found necessary to amputate his leg just above the ankle. the operation was performed by Mr. PIDWELL, assisted by Mr. MILLAR, and we understand that the poor man is progressing favourably. He has a wife and three children.

HUNTING APPOINTMENTS - The F. B. Hounds will meet on Monday, the 3rd of November, at Trenoweth Wood; on Wednesday, the 5th, at Bishop's Wood; and on Friday, the 7th, at Pelyn cross; each day at half-past ten o'clock.

Mr. Horndon's fox hounds will meet on Monday, the 3rd of November, at Seven Stones; on thursday, the 6th, at Trebursye; on Monday,the 10th, at Amey Cross; and on Thursday, the 13th, at Lifton Park; each day at half-past ten o'clock.

Mr. Trelawny's hounds will meet on Friday, the 7th of November, at Ivy Bridge; and on Monday, the 10th, at Fleet West Lodge; each day at half-past ten o'clock.


[END]





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