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    1. Re: [CORNISH] Doc Martin
    2. Jan Davis
    3. Nope, maybe Amazon doesn't get it till June. I have all 5 seasons. I boiught the first 4 at Costco months ago. ----- Original Message ----- From: "Catherine Quayle" <celtickitty@sbcglobal.net> To: <cornish@rootsweb.com> Sent: Friday, May 11, 2012 8:52 AM Subject: Re: [CORNISH] Doc Martin Thanks, Jan, but I'll just go ahead and buy it to complete my collection. Amazon said it wasn't out until June! Kitty --- On Thu, 5/10/12, Jan Davis <jandavis3@cox.net> wrote: From: Jan Davis <jandavis3@cox.net> Subject: Re: [CORNISH] Doc Martin To: cornish@rootsweb.com Date: Thursday, May 10, 2012, 10:09 PM Kitty - I have the DVD for season Five already. I got it online from PBS. I can bring it to you in Bodie if you promise to send it back to me. Jan ----- Original Message ----- From: "Catherine Quayle" <celtickitty@sbcglobal.net> To: <cornish@rootsweb.com> Sent: Thursday, May 10, 2012 9:56 PM Subject: Re: [CORNISH] Doc Martin Spoiler alert! My PBS station does not run Doc, so I have to wait and buy it in a couple months when it becomes available. Don't tell the story before those of us less fortunate can see it, please! Kitty --- On Thu, 5/10/12, Jan Davis <jandavis3@cox.net> wrote: From: Jan Davis <jandavis3@cox.net> Subject: [CORNISH] Doc Martin To: cornish@rootsweb.com Date: Thursday, May 10, 2012, 9:50 PM I just watched the last episode of Season Five of Doc Martin. What and where was the little castle where the pharmacist took the baby? I didn't recognize it. Jan in San Diego California ------------------------------- Subscribe to digest by sending an email to CORNISH-D-request@rootsweb.com with the word SUBSCRIBE in the subject line and body text. If you want, MIME digests, email CORNISH-admin@rootsweb.com. Unsubscribe from either by sending an email to CORNISH-request@rootsweb.com. ------------------------------- To unsubscribe from the list, please send an email to CORNISH-request@rootsweb.com with the word 'unsubscribe' without the quotes in the subject and the body of the message ------------------------------- Subscribe to digest by sending an email to CORNISH-D-request@rootsweb.com with the word SUBSCRIBE in the subject line and body text. If you want, MIME digests, email CORNISH-admin@rootsweb.com. Unsubscribe from either by sending an email to CORNISH-request@rootsweb.com. ------------------------------- To unsubscribe from the list, please send an email to CORNISH-request@rootsweb.com with the word 'unsubscribe' without the quotes in the subject and the body of the message ------------------------------- Subscribe to digest by sending an email to CORNISH-D-request@rootsweb.com with the word SUBSCRIBE in the subject line and body text. If you want, MIME digests, email CORNISH-admin@rootsweb.com. Unsubscribe from either by sending an email to CORNISH-request@rootsweb.com. ------------------------------- To unsubscribe from the list, please send an email to CORNISH-request@rootsweb.com with the word 'unsubscribe' without the quotes in the subject and the body of the message ------------------------------- Subscribe to digest by sending an email to CORNISH-D-request@rootsweb.com with the word SUBSCRIBE in the subject line and body text. If you want, MIME digests, email CORNISH-admin@rootsweb.com. Unsubscribe from either by sending an email to CORNISH-request@rootsweb.com. ------------------------------- To unsubscribe from the list, please send an email to CORNISH-request@rootsweb.com with the word 'unsubscribe' without the quotes in the subject and the body of the message

    05/11/2012 02:59:06
    1. Re: [CORNISH] Doc Martin
    2. Catherine Quayle
    3. Thanks, Jan, but I'll just go ahead and buy it to complete my collection.  Amazon said it wasn't out until June!  Kitty --- On Thu, 5/10/12, Jan Davis <jandavis3@cox.net> wrote: From: Jan Davis <jandavis3@cox.net> Subject: Re: [CORNISH] Doc Martin To: cornish@rootsweb.com Date: Thursday, May 10, 2012, 10:09 PM Kitty - I have the DVD for season Five already. I got it online from PBS. I can bring it to you in Bodie if you promise to send it back to me. Jan ----- Original Message ----- From: "Catherine Quayle" <celtickitty@sbcglobal.net> To: <cornish@rootsweb.com> Sent: Thursday, May 10, 2012 9:56 PM Subject: Re: [CORNISH] Doc Martin Spoiler alert! My PBS station does not run Doc, so I have to wait and buy it in a couple months when it becomes available. Don't tell the story before those of us less fortunate can see it, please! Kitty --- On Thu, 5/10/12, Jan Davis <jandavis3@cox.net> wrote: From: Jan Davis <jandavis3@cox.net> Subject: [CORNISH] Doc Martin To: cornish@rootsweb.com Date: Thursday, May 10, 2012, 9:50 PM I just watched the last episode of Season Five of Doc Martin. What and where was the little castle where the pharmacist took the baby? I didn't recognize it. Jan in San Diego California ------------------------------- Subscribe to digest by sending an email to CORNISH-D-request@rootsweb.com with the word SUBSCRIBE in the subject line and body text. If you want, MIME digests, email CORNISH-admin@rootsweb.com. Unsubscribe from either by sending an email to CORNISH-request@rootsweb.com. ------------------------------- To unsubscribe from the list, please send an email to CORNISH-request@rootsweb.com with the word 'unsubscribe' without the quotes in the subject and the body of the message ------------------------------- Subscribe to digest by sending an email to CORNISH-D-request@rootsweb.com with the word SUBSCRIBE in the subject line and body text.  If you want, MIME digests, email CORNISH-admin@rootsweb.com. Unsubscribe from either by sending an email to CORNISH-request@rootsweb.com. ------------------------------- To unsubscribe from the list, please send an email to CORNISH-request@rootsweb.com with the word 'unsubscribe' without the quotes in the subject and the body of the message ------------------------------- Subscribe to digest by sending an email to CORNISH-D-request@rootsweb.com with the word SUBSCRIBE in the subject line and body text.  If you want, MIME digests, email CORNISH-admin@rootsweb.com. Unsubscribe from either by sending an email to CORNISH-request@rootsweb.com. ------------------------------- To unsubscribe from the list, please send an email to CORNISH-request@rootsweb.com with the word 'unsubscribe' without the quotes in the subject and the body of the message

    05/11/2012 02:52:28
    1. Re: [CORNISH] TREGELLAS..
    2. Catherine Quayle
    3. Hi Denis, There are no Tregellas family members on this list of those who perished in the '06 Quake. http://www.sfmuseum.org/perished/who49.html  Were Sam and Thomas miners?  If so, that might give you a direction in which to look.  South of San Francisco was the big New Almaden Quicksilver Mine with a large Cornish population and that is in Santa Clara County, which has a big data base.  Another area popular with miners was Nevada County and its towns of Grass Valley and Nevada City, also having large Cornish populations. Good luck! Kitty, in California's Gold Country --- On Thu, 5/10/12, Denis Edwards <djedwds@bigpond.com> wrote: From: Denis Edwards <djedwds@bigpond.com> Subject: [CORNISH] TREGELLAS.. To: cornish@rootsweb.com Date: Thursday, May 10, 2012, 11:50 PM Hi All, I need some advise re Californian records etc looking for SAMUEL TREGELLAS b not known  and his wife SUSAN Tregellas b1838  [ nee Edwards ]  they married in Victoria Australia 1857 and went to America sometime after 1863. I think Sam and his son Thomas Henry Tregellas travelling FROM New York to Melbourne ,there is an entry for them comming into australia in 1873 from New York. I can find Susan as a widow in San francisco in the 1880's and her son Thomas uptil  1906, again in San Fran.  married to Imogene Stanley what i would love to locate is the death records of Sam, Susan and their son Thomas perhaps Thomas died in the big earth quake If anyone can point me in the correct direction I would be very greatful cheers denis edwards sydney NSW ------------------------------- Subscribe to digest by sending an email to CORNISH-D-request@rootsweb.com with the word SUBSCRIBE in the subject line and body text.  If you want, MIME digests, email CORNISH-admin@rootsweb.com. Unsubscribe from either by sending an email to CORNISH-request@rootsweb.com. ------------------------------- To unsubscribe from the list, please send an email to CORNISH-request@rootsweb.com with the word 'unsubscribe' without the quotes in the subject and the body of the message

    05/11/2012 02:50:38
    1. [CORNISH] Doc Martin
    2. RAY WORDEN
    3. Hi Jan, It was Doyden Castle, a 19th century folly at Port Quin, which is a couple of miles along the coast from Port Issac. Google will give you a lot more information about it. Regards Ray Worden in Delabole Message: 2 Date: Thu, 10 May 2012 21:50:47 -0700 From: "Jan Davis" <jandavis3@cox.net> Subject: [CORNISH] Doc Martin To: <cornish@rootsweb.com> Message-ID: <FB05F756ACFE404F8B0C1E58F23CEED4@JD0923091737> Content-Type: text/plain;    charset="iso-8859-1" I just watched the last episode of Season Five of Doc Martin. What and where was the little castle where the pharmacist took the baby? I didn't recognize it. Jan in San Diego California

    05/11/2012 12:02:48
    1. Re: [CORNISH] Doc Martin
    2. Jan Davis
    3. Thanks, Ray! a folly, how fun!!! The ancient version of a bachelor pad!!! Jan ----- Original Message ----- From: "RAY WORDEN" <rayworden@btinternet.com> To: <cornish@rootsweb.com> Sent: Thursday, May 10, 2012 10:02 PM Subject: [CORNISH] Doc Martin Hi Jan, It was Doyden Castle, a 19th century folly at Port Quin, which is a couple of miles along the coast from Port Issac. Google will give you a lot more information about it. Regards Ray Worden in Delabole Message: 2 Date: Thu, 10 May 2012 21:50:47 -0700 From: "Jan Davis" <jandavis3@cox.net> Subject: [CORNISH] Doc Martin To: <cornish@rootsweb.com> Message-ID: <FB05F756ACFE404F8B0C1E58F23CEED4@JD0923091737> Content-Type: text/plain; charset="iso-8859-1" I just watched the last episode of Season Five of Doc Martin. What and where was the little castle where the pharmacist took the baby? I didn't recognize it. Jan in San Diego California ------------------------------- Subscribe to digest by sending an email to CORNISH-D-request@rootsweb.com with the word SUBSCRIBE in the subject line and body text. If you want, MIME digests, email CORNISH-admin@rootsweb.com. Unsubscribe from either by sending an email to CORNISH-request@rootsweb.com. ------------------------------- To unsubscribe from the list, please send an email to CORNISH-request@rootsweb.com with the word 'unsubscribe' without the quotes in the subject and the body of the message

    05/10/2012 04:09:52
    1. Re: [CORNISH] Doc Martin
    2. Jan Davis
    3. Kitty - I have the DVD for season Five already. I got it online from PBS. I can bring it to you in Bodie if you promise to send it back to me. Jan ----- Original Message ----- From: "Catherine Quayle" <celtickitty@sbcglobal.net> To: <cornish@rootsweb.com> Sent: Thursday, May 10, 2012 9:56 PM Subject: Re: [CORNISH] Doc Martin Spoiler alert! My PBS station does not run Doc, so I have to wait and buy it in a couple months when it becomes available. Don't tell the story before those of us less fortunate can see it, please! Kitty --- On Thu, 5/10/12, Jan Davis <jandavis3@cox.net> wrote: From: Jan Davis <jandavis3@cox.net> Subject: [CORNISH] Doc Martin To: cornish@rootsweb.com Date: Thursday, May 10, 2012, 9:50 PM I just watched the last episode of Season Five of Doc Martin. What and where was the little castle where the pharmacist took the baby? I didn't recognize it. Jan in San Diego California ------------------------------- Subscribe to digest by sending an email to CORNISH-D-request@rootsweb.com with the word SUBSCRIBE in the subject line and body text. If you want, MIME digests, email CORNISH-admin@rootsweb.com. Unsubscribe from either by sending an email to CORNISH-request@rootsweb.com. ------------------------------- To unsubscribe from the list, please send an email to CORNISH-request@rootsweb.com with the word 'unsubscribe' without the quotes in the subject and the body of the message ------------------------------- Subscribe to digest by sending an email to CORNISH-D-request@rootsweb.com with the word SUBSCRIBE in the subject line and body text. If you want, MIME digests, email CORNISH-admin@rootsweb.com. Unsubscribe from either by sending an email to CORNISH-request@rootsweb.com. ------------------------------- To unsubscribe from the list, please send an email to CORNISH-request@rootsweb.com with the word 'unsubscribe' without the quotes in the subject and the body of the message

    05/10/2012 04:09:01
    1. Re: [CORNISH] Doc Martin
    2. Catherine Quayle
    3. Spoiler alert!  My PBS station does not run Doc, so I have to wait and buy it in a couple months when it becomes available.  Don't tell the story before those of us less fortunate can see it, please! Kitty --- On Thu, 5/10/12, Jan Davis <jandavis3@cox.net> wrote: From: Jan Davis <jandavis3@cox.net> Subject: [CORNISH] Doc Martin To: cornish@rootsweb.com Date: Thursday, May 10, 2012, 9:50 PM I just watched the last episode of Season Five of Doc Martin. What and where was the little castle where the pharmacist took the baby? I didn't recognize it. Jan in San Diego California ------------------------------- Subscribe to digest by sending an email to CORNISH-D-request@rootsweb.com with the word SUBSCRIBE in the subject line and body text.  If you want, MIME digests, email CORNISH-admin@rootsweb.com. Unsubscribe from either by sending an email to CORNISH-request@rootsweb.com. ------------------------------- To unsubscribe from the list, please send an email to CORNISH-request@rootsweb.com with the word 'unsubscribe' without the quotes in the subject and the body of the message

    05/10/2012 03:56:02
    1. [CORNISH] Doc Martin
    2. Jan Davis
    3. I just watched the last episode of Season Five of Doc Martin. What and where was the little castle where the pharmacist took the baby? I didn't recognize it. Jan in San Diego California

    05/10/2012 03:50:47
    1. [CORNISH] West Briton, 28 March 1856 Assizes, part 3 of 4
    2. Julia Mosman
    3. WEST BRITON AND CORNWALL ADVERTISER 28 MARCH 1855, ASSIZES, part three of four - JOSEPH QUINTRELL, 16, miner, was charged with burglariously breaking and entering the dwelling-house of WILLIAM SHAKERLEY, at Camborne, on the 25th of June, 1855, and stealing a chair-covering, the property of the said William Shakerley, and also with cutting and stabbing the said William Shakerley, with intent to do severe bodily harm. Mr. COLERIDGE conducted the prosecution; Mr. STOCK the defence. WILLIAM SHAKERLEY deposed: I am a grocer living at Camborne. Between one and two o'clock in the morning of the 25th of June last, I was awoke up and went down stairs. My wife went down just before me. When I came to the window that looks into the kitchen from the stair-case, I looked into the kitchen and saw a kind of smouldering torch moving forwards and backwards. When I came to the door of the kitchen at the bottom of the stairs, I met some person coming against me with a light in his hand. I laid hold of him by the collar, and had a struggle with him. I told my wife to bring a light. Whilst I was holding him and my wife was gone for a light, he requested me to let him go, but I would not. He got from the kitchen to the front room which leads into the street, and by which he might escape. When we got into that front room. I heard something in his left hand snap like the snapping of a pistol. Shortly after this I caught hold of his left arm till I wrested the instrument ou! t of his hand, and it fell on the floor. I called out a good deal, screamed murder, and called for a light. My servant brought a light two or three times, but it was put out as often as it was brought. I told my son to go and fasten the front door. When the door was locked the prisoner was quiet a little. Shortly after that he got some kind of instrument, and I felt myself cut about the face and body. I had nothing but my night-shirt on. I wrested what he had in his hand from him, and got my own hand severely cut in doing it. Then I threw him down on the floor, and set on him to keep him down. While he was there, he made desperate struggles; he forced his fingers into my mouth, and I held them there with my teeth. I kept his hands there. Soon afterwards, Mr. GAY the surgeon came and other persons; and a light was procured. I then found that the prisoner was Quintrell. I asked him what he was come for; and he said he was come for money. I had known him from childhood; he lived at Camborne. After Mr. Gay and other persons came, we searched him and found on him a loaded pistol. Then we found another loaded pistol on the floor, and there was also a knife found. Neither the pistols nor the knife belonged to me. The pistols were loaded with small shot. We then went to see if we could find any embers of the smouldering torch I had seen; we found it in the kitchen, and also one of my towels, partly burnt. There was found on the prisoner a chair-covering that belonged to me. He afterwards told us that he got into the house from the front street by means of a ladder placed against the upper window opening into a wareroom; that there was a square of glass broken in that upper window, and that he used a piece of wire for opening the window. We found the ladder at the window, and a piece of wire about fifteen inches long, bent at each end, and the square of glass broken. I was about a fortnight under the surgeon's care, but fortunately the wounds turned out not of a dangerous character. The prisoner said that when I first came down, he was trying to make his escape at the front door. He asked if we did not find the back door unbarred. We said, yes. He said he had unbarred the back door to effect his escape. WILLIAM ARTHUR SHAKERLEY, son of prosecutor, [confirmed he closed front door, saw the pistol on the ground, and saw Mr. Gay and prisoner there.] GRACE WILLIAMS - I am a servant of Mr. Shakerley. My mistress called me on the night in question, and I went down, and heard a great noise. As I was going down stairs I heard master scream very loud "murder" and for a light. I got a light as soon as I could and went to the room; and the light was put out in the struggle. This happened three times. The fourth time I got a light I handed it to master. Then Mr. Gay and other people came, and there was the prisoner. I afterwards saw the walls; there was a great deal of blood about there. HENRY SEARLE GAY - I am a surgeon residing in Camborne. I heard a noise at Mr. Shakerley's, and went over and got in at the back of his house through an adjoining house. When I got into the room, I saw some person kneeling on the ground; there was a struggle going on the ground between Mr. Shakerley and Quintrell. Mr. Shakerley was bleeding a great deal; he had on a shirt, and that was covered with blood. I took hold of the prisoner, and handed him over to the constable. Mr. Gay corroborated some further points of Shakerley's evidence, and added: - Mr. Shakerley was under my treatment about ten days or a fortnight. His wounds were merely superficial - only flesh wounds. The knife found was a common blunt kitchen knife. HENRY VIALL, policeman of Camborne: Early in the morning of the 25th of June, the prisoner was given into my custody at Mr. Shakerley's house. I searched him and found on him a chair-covering, which I produce, together with the pistols and knife given in charge to me. Both pistols are now loaded; and the one that was found on the floor has the cap exploded. Prisoner escaped from the custody of a constable to whom I gave him in charge, and was not retaken for nine weeks afterwards. HENRY ARMITAGE, police officer on the West Cornwall Highway: On the 1st of September, I went to a place in Camborne and apprehended prisoner, and handed him over to another constable. MR. HUTCHINSON, surgeon, of Camborne, proved that he was present at Mr. Shakerley's on the night in question, and took up one of the pistols and gave it to Viall. The constable VIALL produced the knife, and also a pair of slippers found in the room; and it was proved that neither of these articles was the property of Mr. Shakerley, and that the prisoner, at the time of the struggle, had no shoes on. MR. STOCK, addressing the jury, admitted that the evidence proved beyond power of contradiction, that the offence charged against the prisoner had been committed by him; but the learned gentleman appealed to the jury for a merciful consideration of the case, because of the prisoner's youth and the probability that he had been instigated to the crime by some older person. The following witnesses gave evidence of the prisoner's good character for honesty and quietness previous to the offence now charged against him - RICHARD TRETHEWY, innkeeper at Camborne, who had known him for four years; and WILLIAM ROWE, miner and shopkeeper, who had known him since childhood. The jury found the prisoner Guilty of the burglary and robbery, and of cutting and stabbing with intent to do bodily harm. He was then sentenced to Death Recorded; the learned Judge informing him that he would undoubtedly be transported, and that it would remain with her Majesty's advisers to determine for what period. There was another indictment against the prisoner for burglariously entering the shop of WILLIAM MORLEY JAMES, at Camborne, on the 13th of December, 1854, and stealing a quantity of satin, ribbon, a tortoiseshell box, and between GBP 7 and 8 in money, the property of the said William Morley James; but, of course, this indictment was not prosecuted. A ROGUE AND HER DUPE - FRANCES SMITH, 33, hawker, was indicted for stealing from MARY WORTH five sovereigns, the property of the said Mary Worth; and for obtaining from the said Mary Worth a half-sovereign, by pretending to conjure and tell her fortune. Mr. CARTER conducted the prosecution; Mr. HUGHES the defence. MARY WORTH deposed: - I live at Harrowbear, in the parish of Calstock. On the 16th of January, about the middle of the day, the prisoner came to my back kitchen door. My servant opened the door, and then I saw the prisoner, who asked me if I wanted any clome or china mended. I said no. Then she said she wanted to speak a few words to me; and I said I did not want my fortune told. She said, "I know you don't want your fortune told, but there is a heavy trouble coming upon you, and I am the one to stop it." The she wanted a lock of my hair, a bit of my finger nail, and a half-sovereign to cover them with. I gave her all these, and she put them in a corner of her apron and went away. About five o'clock she came back again in a great hurry, and said she wanted to do it as quick as she could. She asked for a glass of cold water, and said she must have nine sovereigns to put into the glass. I objected; but she declared that I should put them into the glass and she would not touch them. I then went and got the nine sovereigns and put them into the glass. She then put in her hand and took out some of them. I took out four remaining, and I called my nephew; he came in and I charged her with robbing me. She dropped one sovereign on the table, and I took it up; and after a little time she dropped another on the back-kitchen floor. I have never seen the remaining three sovereigns. Corroborative evidence was given by WILLIAM JEFFERY, nephew of prosecutrix; SAMUEL BENNETT, a miner, living near her, and who went to her house on the alarm of the robbery; and JOHN ROGERS, constable of Calstock, who added that on his searching the prisoner, he found on her, part of a pack of cards and three half-pence; but no sovereigns. Verdict, Guilty. Four Months' hard labour. - JANE ALLEN, 20, a servant, was indicted for stealing on the 29th of December last, eight yards of calico, four petticoats, and one chemise; and on the 11th of January, three bed-sheets, two chemises, three pairs of drawers, four pairs of sleeves, three night caps, three collars, and one habitshirt, the property of her master, Mr. THOMAS WILLIAMS, at Lambessow farm, St. Clement. Mr. HOLDSWORTH conducted the prosecution; the prisoner was undefended. We have already given the particulars of these robberies, in our Truro Police Reports, at the time of the prisoner's apprehension and committal for trial. The charges against the prisoner were now proved by CHARLOTTE ISAACS, who was at the time of the robberies a fellow servant at Mr. Williams's; AMELIA WILLIAMS, a sempstress[?] at Truro; WILLIAM JOSEPH NASH, Inspector of Police; and WILLIAM WOOLCOCK, police constable. Mr. Nash stated that the prisoner when apprehended, after the second robbery, acknowledged that she stole the articles on the 29th of December, for which, partly on her evidence, a man called COOK was convicted and sentenced at the Epiphany Sessions. Mr. Nash informed the Court that the man Cook had since been liberated. At the close of the present case, the prisoner, on being called on for her defence, confessed that she was guilty of stealing all the articles now charged against her, and also of having given evidence against the man Cook. Verdict, Guilty. Sentence deferred. NISI PRIUS COURT - Tuesday, March 25 Before Mr. Serjeant CHANNELL SYMONS v. MAYNE - Counsel for the plaintiff, Mr. Montague SMITH and Mr. KINGDON; attornies Messrs. Roscorla and Davies. Counsel for the defendant, Mr. COLERIDGE and Mr. BULLER; attorney, Mr. BULLMORE. Mr. Kingdon opened the pleadings. Plaintiff stated that defendant was indebted to him for money lent, for interest, and on an account stated. Defendant pleaded, first, that he never owed the money; and secondly, that he delivered to plaintiff a cheque on account of the money, that the cheque was dishonored, and that plaintiff failed to present that cheque in due time, or to give defendant due notice of the dishonor of it. Plaintiff replied that he was induced to take the cheque by fraudulent representations on the part of defendant. Mr. Montague Smith stated the case to the jury, and argued that even if the cheque was not presented in strict time, there was afterwards a promise to pay on the part of the defendant, which was evidence of an account stated between the parties. The plaintiff, Mr. WILLIAM SYMONS, was then called, and said he was an ironmonger at Camborne, and that defendant is a tin-dresser in the same neighbourhood. In February, 1855, defendant owed him 10s8d. Defendant's wife came to witness on the 10th of February, and asked him to change a cheque, saying, if he did so, she would pay his little bill. He asked whose cheque it was. She said, "Mr. CONN's; we have sold some arsenic to him; it is all right, we have had many of them before." Plaintiff changed the cheque in consequence of that statement; it was drawn by Mr. HENRY CONN on the Falmouth Bank (Messrs. Hawkey and Co.,) was endorsed by defendant, and was for GBP26.12s. Plaintiff deducted the 10s.8d. defendant owed him, and paid Mrs. Mayne GBP26.1s.2d. On the 13th of February, plaintiff paid the cheque to the agent of Messrs. Smith, his London merchants, and it was returned to him dishonored on the 2nd of March. Notice of this was sent to defendant, who called on plaintiff the next morning, when plaintiff asked him to pay him the money, but he said he had not got any. Plaintiff told him he had better go to Mr. Conn the drawer of the cheque; defendant said he could not go that day, but on the following Monday he called again on plaintiff, and asked him to write a note to Mr. Conn on the subject. Plaintiff did so as follows: "Sir, your dishonored cheque, value GBP 26 12s. is in the hands of a London house. I wrote them on receiving yours of the 5th instant, giving your reply. They will not wait any longer, and unless the money is paid at once, you may expect they will commence proceedings for the recovery. Yours, respectfully, William Symons." That note plaintiff gave to defendant open, and the latter carried it to Falmouth ! to Mr. Conn, who wrote on the back of the same note as follows: "Mr. Symons, Sir - Mr. Mayne has just called on me; I have every reason to believe I shall be able to make it all right in about a fortnight, if you will be so good as to wait till then. Henry Conn" Plaintiff said, when defendant brought back this answer, he asked him to wait the fortnight, and he consented to do so. After the fortnight was expired, defendant again called on plaintiff, who asked for payment, but defendant said he had not got the money. Plaintiff asked what Mr. Conn said to him when he gave him the cheque? Defendant replied that Mr. Conn desired him to hold the cheque a few days, because he had no money in the bank. Plaintiff told him he had not acted honourably in not telling him that before, and said he must pay him the money. Defendant replied that he would if he lived and breathed. About six weeks after, plaintiff again saw him, and asked for payment of the cheque; to which defendant replied that he should return some tin about Midsummer, and would then pay him. About Midsummer he said he would pay as soon as he could, principal and interest; since then, plaintiff had not received any part of the money. Plaintiff was cross-examined as to the day on which defendant was informed that the note was dishonored. On this point, plaintiff's son, William Cock Symons, stated that Messrs. Smith's letter was dated the 1st of March, that it was received in Camborne on the 2nd, and that witness wrote to defendant on the subject on the same day. He also corroborated some other points of his father's evidence. On the part of defendant, Mr. Coleridge proceeded to argue that the cheque had not been presented in due time, but upon the learned Judge observing that he considered the evidence showed there was an unconditional promise to pay, on the part of the defendant, after he had received notice that the cheque was dishonoured, the case was brought to a close, and the Judge directed a verdict for plaintiff for GBP 28, which included the amount of the cheque with interest. Mr. Coleridge, for defendant, said his client had had a great deal of business with Mr. Conn, and had often taken his cheques, and that when he paid this cheque to plaintiff he had no doubt at the time but that there would be money paid into the bank to meet it when it was presented. MORSHEAD v. BATE - Mr. M. SMITH and Mr. MAYNARD for the plaintiff; attornies, Messrs. GLUBB and SON. Mr. COLLIER and Mr. BULLER for the defendant; attorney Mr. MOONE. This was an action to recover damages for sheep, which it was alleged, defendant had sold to plaintiff under a warranty, and which turned out to be unsound. Defendant pleaded, first, that he did not warrant the sheep; and secondly, that the sheep were sound when sold by him. The damages sought to be recovered were of small amount, such as would have come under the jurisdiction of the County Court; but the plaintiff, in the course of his evidence, expressed his dissatisfaction with county court decisions in one or two cases he had brought therein, and said he would not go to that court again if he could take a case anywhere else. Plaintiff was Mr. WILLIAM MORSHEAD, a farmer of the parish of Southhill; and defendant was Mr. DIGORY BATE, a farmer of Linkinhorne. In September, 1854, plaintiff met defendant at Northhill fair, and made an appointment to call and see his ewes, for which purpose he went to Mr. Bate's farm, and after some bargaining agreed to give him 28s.6d. each for eight ewes, and GBP 1 each for five wether lambs. [Plaintiff said when he first saw the sheep, he declined to buy them, and started to leave, but Mr. Bate pressed him to return, and they concluded a bargain.] Plaintiff also said he bought thirteen ewes of another person shortly before he bought these of defendant. The two lots of sheep were kept together; the thirteen got on exceedingly well, but those he bought of Mr. Bate soon showed that there was something the matter with them. [Those sheep were found to be so affected with the "coad" that they were obliged to be killed, and there appeared thousands of "flukes" in their liv! ers. At lambing time, the eight ewes yeaned only five lambs, three of which died.] Seven of the ewes plaintiff sold to the butcher for GBP 7.1s.6d., besides the wool. The thirteen ewes which plaintiff bought elsewhere, (and which had been kept with those he purchased of Mr. Bate) plaintiff said he sold for 33s.6d. each. The witnesses for plaintiff were, besides himself, GEORGE WARING, a workman for Mr. Morshead; JOHN ROWE, a butcher; ABIEZER HARVEY, farmer; JOHN VEAL, farmer; DAVID SCOPHAM, a private in the South Devon Militia, who formerly worked for Mr. Bate; and WILLIAM RIDGMAN, a veterinary surgeon of Liskeard. On the part of defendant the witnesses were Mr. BATE, himself; JOHN STEPHENS, who worked for him; WILLIAM DAWE, a traveling draper of Torpoint; STEPHEN SPETTIGUE, butcher of Calstock; THOMAS SKINNER, hind for Mr. BRIMACOMBE, of Stokeclimsland; and JOHN NICHOLLS, a farmer of Linkinhorne. The main question for decision was whether defendant warranted the sheep sound when he sold them to plaintiff. Plaintiff's evidence on this point was that defendant said he would warrant them perfectly sound; that he was so satisfied of their soundness that if his father was living he should not have them a penny under, and that he wished plaintiff "good luck" a dozen times. On the other hand, defendant swore that he gave no warranty or guarantee of soundness, when he sold the sheep, and that no guarantee was asked for. He also said he never saw any sheep of his "coaded". The two witnesses, Stephens and Dawe, were called to support defendant's evidence that there was no warranty given by him. On the part of plaintiff it was stated by witnesses that there was marshy ground on Wickslade, the farm from which the sheep were sold by defendant, and that such ground tended to produce the "coad." MR. HARVEY, whose father and uncle formerly occupied Wickslade, said he knew they had many sheep die there, but he did not know the cause of it. On the other side, for defendant, Mr. Spettigue, a butcher of Calstock, stated that he and his father had bought sheep of defendant for the last forty years down to 1852, and had never found any of them coaded. Thomas Skinner, hind of Mr. Brimacombe, of Stokeclimsland, stated that in September, 1853, he bought a score of ewes of Mr. Bate, which had fourteen lambs the first year, and there was no disease in them; they kept them the second year because they liked them so well. He picked those ewes out of Mr. Bate's whole flock, and saw no symptoms of rot at the time; he also handed in the weights of five of them when they were killed. Mr. John Nicholls, a farmer of Linkinhorne, had had sheep of Mr. Bate and fed them; they did exceedingly well, and he never had any complaint of any rot or coad in them. On other points there was conflicting testimony, viz. as to the age of the ewes when sold, and the price given for them. [Plaintiff said 28s.6d. each, defendant 27s.6d.] As to the condition of the sheep when killed, it was stated by Mr. John Veal, farmer, and by Mr. Ridgman, of Liskeard, veterinary surgeon, that they must have been affected more than two years by the disease before they were killed. The learned Judge, in summing up the case, said there were two questions for the jury to consider; first, whether the defendant warranted these sheep on the sale of them; and secondly, whether in their judgment, that was a true warranty or not. Their verdict, he apprehended, would depend principally, or entirely, on the view they took of the first question, because there did not seem to be much difference of evidence with regard to the sheep in question being diseased. [The Judge outlined 2 possible warranties; in one, a seller guaranteed them sound; it didn't matter if he knew them to be so or not. The second warranty was of a more qualified character, where he said "they are sound as far as I know". In that case, the prosecutor would have to prove the defendant knew they were unsound. Two witnesses for the prosecution maintained the seller fully warranted the sheep; three witnesses for the defendant denied any warranty. The Judge also mentioned the diseased state of the sheep after they were in plaintiff's possession. Then he mentioned damages, as good sheep would fetch 32s. or 33s. each, the loss of wool, and some amount to be reckoned for lambs, all having died but two.] The jury, after considering the case about twenty minutes, returned a verdict for the defendant. The Judge asked upon what issues they had decided. The Foreman said they were not satisfied that there was a warranty; they had not discussed the other point, as to whether the sheep were sound at the time of sale. The Judge said they must also consider the other issue; the first point they had decided as to the warranty would give the defendant the verdict; but upon the second issue would depend the question of costs. The jury then, after further consideration, found that the sheep were partially diseased at the time of sale. Verdict for the defendant on the first and third issues; for the plaintiff on the second. The case lasted between six and seven hours. MORSHEAD v. COOMBE - In this case the record was withdrawn. TREMBATH and WIFE v. HOSKING and WIFE Counsel for plaintiffs, Mr. M. SMITH, Mr. Coleridge; attorney, Mr. PAYNTER. For the defendants, Mr. COLE; attornies, Messrs. MILLETT and BORLASE. This was an action for defamation of character, to which the defendants pleaded not guilty. Mr. M. Smith said the plaintiffs were WILLIAM TREMBATH and his wife Mary Trembath, who live at Trevilley, in the parish of Sennen, near the Land's End; William Trembath renting an estate of about GBP 100 a-year belonging to a relation of his, besides having a small farm of his own. The defendants were JOHN HOSKING, a farmer living near plaintiff, and Barbara his wife. The two wives are first cousins, and it was to recover damages for slanderous expressions used by Mrs. Hosking against Mrs. Trembath, that the present action was brought. On the part of the plaintiff, it was represented that a few years ago, Mr. Hosking was summoned before the magistrates, and fined 2s.6d. and expenses for trespassing on Mr. Trembath's farm, and taking heath for a broom; and that the statements which had now been circulated by Mrs. Hosking, in reference to Mrs. Trembath, were put forward with a malicious intention, and in revenge for her having been summoned before the magistrates. The occasion on which the statements alluded to were circulated by Mrs. Hosking was the following; that on the 24th of January last, Mrs. Trembath had her pocket picked in the Penzance market of 23s., of which she gave information to the police. On the same evening, Mrs. Hosking was riding home from Penzance in a market-cart with MRS. HICKS, who lives in St. Just, when she asked Mrs. Hicks if she had heard anything about Mrs. Trembath. On Mrs. Hicks replying she had not, Mrs. Hosking said she saw Mrs. Trembath going through the Green Market at Penzance, between two policemen; that she went with the policemen from Mr. CORNISH's to Mr. DENNIS's shop, when the door was shut, and one of the shopmen came out and said to those outside, there was no entrance for people for a short time. She also told Mrs. Hicks that she heard Mrs. Trembath was accused of stealing a coat. WILLIAM OATS, a miner, and THOMAS OATS also gave evidence of what Mrs. Hosking had said in their hearing about Mrs. Trembath. Thomas Oats said he saw her on the 28th of January, at MR. LETHAM's house, when Mrs. Hosking said to him there are thieves here, and thieves at Penzance. Oats asked her what she meant, and she said William Trembath's wife had stolen a little coat from Mr. Dennis's at Penzance. Oats said, if that were so, she would have been laid hold of in Penzance. Mrs. Hosking then said, money would clear her from this just as it had before. At another time, at Letham's house, Oats said he heard Mrs. Hosking say Mrs. Trembath had stolen feathers seven years ago, and it cost her father GBP 50 to clear her from it. ANN NICHOLAS gave evidence of what Mrs. Hosking said to Mrs. Trembath when charged with circulating reports about her. Policeman WALLIS, of Penzance, stated that Mrs. Trembath did not walk through the market with the police, and that he never heard of any charge against her. Mrs. Trembath said the same, and that there was no truth in any one of Mrs. Hosking's statements about her. Mr. Cole addressed the jury for the defence, submitting that the reports of which Mrs. Trembath complained were only some women's gossip at Penzance; that there was no malicious feeling on the part of Mrs. Hosking; and that she only repeated what she had heard others say. He also called ALEXANDER LETHAM, who stated that Mrs. Hosking never said anything at his brother's house about Mrs. Trembath having stolen feathers seven years ago, and that it cost her father GBP 50 to clear her. He thus contradicted the witness Thomas Oates; and Barbara Hosking, in her evidence, said she never uttered such words as Thomas Oates had stated. She asserted, however, on cross-examination, that she did see Mrs. Trembath walk through the green market between two policemen, with Ann Nicholas behind her, though in this she was contradicted by three witnesses. She said she heard a report at Penzance that Mrs. Trembath had stolen something, but when she mentioned it to others she did not believe it; she could not say from whom she had heard the report. Mr. Montague Smith, in replying on the part of plaintiff, said vindictive damages were not sought, and that if Mrs. Hosking had made an apology, and contradicted the report she had circulated, this case would not have been brought into court. The learned Judge summed up, and told the jury, if they thought the plaintiff was entitled to damages, it was not, in his opinion, a case for considerable damages, but for a moderate amount. The jury found a verdict for the plaintiff, damages GBP 1. The Court rose about nine o'clock. CROWN COURT, Wednesday, March 26, before Mr. Justice CROWDER JANE ALLEN, who was found Guilty yesterday of stealing various articles the property of Thomas Williams, of St. Clement, was sentenced this morning to Twelve Months’ Hard Labour. HENRY FAULL, convicted of unlawfully wounding Cornelius HARFORD, at Phillack, by firing a gun at him, was sentenced to Nine Months' hard labour.

    05/09/2012 09:49:38
    1. Re: [CORNISH] West Briton 21 March 1856
    2. Geoff Holloway
    3. Congratulations, Ann on getting your rellie in the West Briton. Geoff On 07/05/2012, at 1:14 PM, Ann Tumser wrote: > Hi Listers, > > > > My great great grandfather, William ROWSE, finally made it into the West > Britain transcriptions! For any of you that attended the earlier virtual > Christmas parties, Lancarffe was THE PARTY PLACE in 1998.

    05/08/2012 03:20:36
    1. Re: [CORNISH] Cornish miners needed in Borrego Springs, California today
    2. Sher Leetooze
    3. Unfortunately, today's safety rules and insurance rules wouldn't let them "just go down and do it" - it would take weeks with all the red tape and hoops they have to jump through! Sad sign of the times! But its all there to keep us safe, I guess. Sher At 07:08 PM 07/05/2012 -0700, you wrote: >Our Cornish tinners would do it in a second! > >Dot > >-----Original Message----- >From: Jan Davis >Sent: Monday, May 07, 2012 5:33 PM >To: cornish@rootsweb.com >Cc: Judy Sanders >Subject: [CORNISH] Cornish miners needed in Borrego Springs, California >today > >A hiker has been missing in the desert sand caves near Borrego Springs, >California since Easter. A couple of days ago they spotted a body deep in a >50 foot hole but can't get to it because the walls are crumbling. The San >Diego County Sheriffs Department just cancelled the search, saying it's too >dangerous to send anybody down the hole to bring back the body so they are >calling in the Los Angeles County Mine Search group to shore up the walls >with wood. I think we need some Cornish miners, don't you? >Jan in Lemon Grove near San Diego >------------------------------- >Subscribe to digest by sending an email to CORNISH-D-request@rootsweb.com >with the word SUBSCRIBE in the subject line and body text. If you want, >MIME digests, email CORNISH-admin@rootsweb.com. > >Unsubscribe from either by sending an email to CORNISH-request@rootsweb.com. >------------------------------- >To unsubscribe from the list, please send an email to >CORNISH-request@rootsweb.com with the word 'unsubscribe' without the quotes >in the subject and the body of the message > >------------------------------- >Subscribe to digest by sending an email to CORNISH-D-request@rootsweb.com >with the word SUBSCRIBE in the subject line and body text. If you want, >MIME digests, email CORNISH-admin@rootsweb.com. > >Unsubscribe from either by sending an email to CORNISH-request@rootsweb.com. >------------------------------- >To unsubscribe from the list, please send an email to >CORNISH-request@rootsweb.com with the word 'unsubscribe' without the >quotes in the subject and the body of the message >No virus found in this incoming message. >Checked by AVG - www.avg.com >Version: 8.5.455 / Virus Database: 271.1.1/4984 - Release Date: 05/07/12 >18:34:00

    05/08/2012 03:07:52
    1. [CORNISH] West Briton, 28 March 1856 - Assizes, part 2
    2. Julia Mosman
    3. WEST BRITON AND CORNWALL ADVERTISER 28 March 1856 Assizes - Part two of four CROWN COURT, Tuesday, March 25 before Mr. Justice CROWDER CONCEALMENT OF BIRTH - ANN HOYTE, aged 30, a servant, was indicted for unlawfully concealing the birth of a child of which she had been delivered, by placing the dead body in a dung heap. Mr. HUGHES conducted the prosecution; attorney, Mr. J. BARRET COLLINS. The prisoner was undefended. ELIZABETH JONES, wife of Thomas Jones; I work at Bennallack farm, in Probus. The prisoner worked there with me; and I have known her many years. Last summer I thought she was in the family way and spoke to her about it. On the 25th June she left Bennallack, and did not return there for a week. She then said she had stayed away on account of blackheads, that she was better, but was still taking medicine. At this time she appeared to be in a family way, and I told her that people were saying so; she said she would not satisfy any one - people must wait and see. On the 1st of July, she called me into her house, and told me she could not go to Bennallack that night, and begged me to go to wash for her, as she was taken unwell. I saw her again on the 15th of the same month, at her own house; she was in bed; she told me that her sister's father-in-law had been here that day, and that her sister had heard that her father and she were both to be put to Bodmin. I said that I had hear! d that her father had buried the child; and she said her father knew nothing about it. THOMAS GERRANS - I am assistant-overseer of Grampound. On the 3rd of July, I went to the prisoner's house, with THOMAS NANCARROW, a constable. I told her we had heard she had been confined with a child, and asked her permission to search. She said she had had no child, but spoke of something else that had come from her. She consented to our searching the premises, and said that what had come from her was thrown on the dung-pile at the back of the premises. We went to the dung-pile, and found there some bones which were afterwards given to the surgeon. THOMAS NANCARROW, constable, confirmed the evidence of Mr. Gerrans, and stated that he delivered the bones to the surgeon. JOSEPH STEPHENS - I am a surgeon, residing at Grampound, and am the parish doctor. On Sunday the 1st of July I went to the prisoner's house and saw her. She was very pale, and I asked her what was the matter with her. She said she had had a stoppage for some time, but that it had now ceased. I had seen her before in February. On the 6th of February, she came to me and said she was suffering from a cold; I gave her some expectorant medicine. On the 10th of February she came to me and complained of symptoms, such as would lead one to suspect she was pregnant. I gave her some vegetable tonic, and asked her if she was married, and said if she were I should have suspected she was in the family way. She said how can you think such a thing. I saw her next on the 1st of July; she was suffering from exhaustion and I advised her to go to bed. I examined her abdomen, and found that there was then no child. I saw her again on the 4th of July, and told her she had not sent to my surgery, as I had desired her. She said she was better and did not require medicine. She had every appearance of having been recently delivered - within a day or two previously. I am quite sure that on the 1st of July, there was no child, and she must have been delivered on or before that day. On the 4th of July, she objected to my examining her breasts; but I did so on the 7th, and the result was corroborative of her having been recently delivered. On the 11th of July I saw her again, and asked her if she was troubled with the state of her breasts; she said they were uneasy sometimes, but she milked them herself. On the 5th of July, Gerrans brought me some bones - five in number; they were skull bones of a child that had arrived at the full ! period of uterine life. I cannot say that the child was born alive. The prisoner, when called on for her defence, merely said there was nothing born alive. The jury found a verdict of Guilty, with a recommendation to mercy. The learned Judge, on proceeding to pass sentence, said he did not think there was the slightest reason to believe that she had destroyed the life of the child, and, remarking that she had already been in prison seven months - a sufficient term of imprisonment for her crime - he would now sentence her to the nominal punishment of Four Days' Imprisonment - which was in effect an immediate discharge. - JOHN WILLS, 19, husbandman, was indicted for carnally knowing and abusing ELIZABETH RUNNALLS TENBY, a girl under 10 years of age. Mr. ARCHER conducted the prosecution; Mr. SAUNDERS for the defence. The prosecutrix was an interesting and intelligent child of about seven years of age, and lived with her father and mother, very decent people, at Curwen, in the parish of Blisland. The offence charged was alleged to have been committed in the forenoon of Sunday, the 24th of June last, on a double hedge of a garden at some distance from the house; the child's mother and younger sisters being in-doors, and the father having gone to a Methodist Sunday School. The little girl appeared to have been playing at the time with the prisoner on the hedge, when he threw her down on her back and proceeded, according to the child's evidence, to the commission of the crime charged. The witnesses examined, in addition to the little girl, were her mother and father, and Mr. THOMAS QUILLER COUCH, surgeon of Bodmin. The main part of the evidence in support of the charge was of a character unfit for publication. The jury found a verdict of Guilty. The prosecutor begged to be allowed to say that up to the time of this transaction, the prisoner had always conducted himself as a very respectable servant, and had behaved himself in a very respectable way. He would therefore beg to recommend him to mercy. In passing sentence, the learned Judge said: John Wills, you have been convicted, on very clear evidence, of a most serious offence. You suffered your brutal lust to get the better of you; and there is no doubt that you attempted, and to some extent, succeeded, in having connection with that child. It is absolutely necessary that little children should be protected, exposed as they are at times to communication with persons like you; and it is therefore necessary that a most serious punishment be inflicted on you. You have had a good character given you by your master; and he has said, in his evidence, that you conducted yourself in such a way as to obtain his friendship; the more shame to you that you should have given way to your passion as you did towards his child. Six Years' Penal Servitude. CONCEALMENT OF BIRTH - CHARLOTTE MASTERS, 20, a servant, pleaded Guilty of endeavouring to conceal the birth of a female child of which she had been delivered at St. Neot, by throwing her into a privy. Two Months' hard labour. (It was said that the prisoner was one of weak intellect.) ILLEGALLY SOLEMNIZING MARRIAGE, and GIVING A FALSE CERTIFICATE OF MARRIAGE - THOMAS BRYANT, 53, schoolmaster, pleaded Guilty to both the following charges - For that he, as Registrar of Marriages for the Redruth District, - on the 23rd of June, 1855, did knowingly and wilfully solemnize a certain marriage between SAMUEL HILL and ELIZA EVA, at the Wesleyan Chapel, at Copper House, in the parish of Phillack, within twenty-one days after the entry of the notice of such marriage to the Superintendent Registrar of the District, and without the said Superintendent Registrar's certificate having been first given; he, the said Thomas Bryant, also knowing that such marriage was null and void, under the Statute of 6th and 7th William IV, cap. 85. And also, that he, the said Thomas Bryant, as such Registrar as aforesaid, did wilfully give a certain false certificate, signed by the said Thomas Bryant, in his own handwriting, of the marriage of the said Samuel Hill and Eliza Eva, and did wilfully certify such certificate to be a copy or extract of the Register Book of Marriages for the District of Redruth, knowing the same to be false. Mr. COLERIDGE, who appeared for the prosecution, stated that the prisoner had hitherto borne a good character; and called Mr. JOHN HAYE, Superintendent Registrar of the Redruth District, who stated that he had been Superintendent Registrar for seven years, and had known the prisoner for fifteen or sixteen years; prisoner had always borne a good character, and as a District Registrar had always, previous to the present charge, conducted himself very properly and efficiently. In answer to questions from the Judge, Mr. Haye said the prisoner's district contained a large population, principally Wesleyans. On passing sentence, the learned Judge said "Thomas Bryant, you have been placed in a situation of trust, for the performance of important duties with respect to the marriage of dissenters. No doubt, you were placed in that situation because of the character you had acquired, and because it was believed that trust and confidence could be safely reposed in you; and from the petition now before me, signed by a great number of highly respectable persons, it appears that you sustained that character down to the time of this transaction. I observe further, from this petition, that you have lately been in the habit of indulging in the use of opium, in consequence of some misfortune that occurred to you; and, probably that had something to do with this offence. It is an offence of a very serious nature indeed; and an example must be made in any such case brought before a Court and established. It seems, however, that you have been detained for five months. I take that into conside! ration in the sentence I am about to pronounce; as I do also the character given you by your superintendent, and by the numerous persons who have signed this petition; and I shall therefore give you a much less punishment than otherwise would have been inflicted on you." The learned Judge then passed sentence of Six Months' hard labour. - WILLIAM PRIDEAUX, 63, JOHN PRIDEAUX, 29, THOMASINE FREEMAN, 48, and MARY PRIDEAUX, 19, were charged with stealing a quantity of mutton, the property of William RICKARD, at Landulph, on the 19th of January last. In a second count the prisoners were charged with feloniously receiving. Mr. POULDING conducted the prosecution; the prisoners were undefended. WILLIAM RICKARD, the prosecutor, stated - I am a butcher and attend on Saturdays at Cargreen, in Landulph. I was there on the 19th of January, and put up at BATES's public-house, and left my horse and cart in an open stable there, with a quarter of mutton and a leg in the cart, covered with a cloth. I last saw my mutton in the cart between eleven and twelve at night. I then went again into Bates's, and between two and three in the morning, on coming out into the stable, I missed the mutton from the cart, and went to BARRETT, a constable, who went with me to William Prideaux's house, and we there saw William Prideaux and both female prisoners. There was a fire, and a boiler on the fire; the constable went forth to the boiler and found in it a leg of mutton; and in a cupboard, he found a fore-quarter cut up in twelve or fourteen pieces. Barrett took it and brought it to Bates's. I had sold the loin to Mrs. Bates, and the leg found by the constable at Prideaux's, matched with t! he loin sold to Mrs. Bates. The quantity I lost altogether was about 36 lbs. WILLIAM BARRETT, the constable, corroborated the preceding evidence of search; and also stated that he afterwards made another search at Prideaux's and found a shoulder of mutton under some dishes in a drawer. I then went out at the back door, and there found John Prideaux and another man standing up against the wall. This was about five o'clock in the morning. I afterwards went to the stable and traced footsteps thence to the back part of William Prideaux's house from two to half-past three o'clock on Sunday morning the 20th of January; two of the prisoners were there, and JACOB FOOT. When I left the house at half-past three, there was no fire in the house. The old Prideaux and Mary his daughter, was there at the time; I believe they were in bed. While I was at the house, we had a gallon of beer from Bates's, and drank it. JACOB FOOT, shoemaker: I was at Bates's public-house on the night of the 19th of January, in company with John Prideaux and Thomasine Freeman, and Davis. I left the public house between twelve and one, and went to William Prideaux's house and stayed there about one hour and a half. I had some beer there, which I had taken there from Bates's. When I went in I did not find any person up; but William Prideaux came down stairs, and afterwards Mary, the daughter, also came down. During the time I was there drinking John Prideaux went out; and before going out, he said he would have a mutton chop for supper. I went to the back door with him; John left me and was absent for about twenty minutes, and then he came back with mutton under his arm. We then went into the house; Davis had then left. A fire was lighted, and Thomasine Freeman put the leg of mutton into the boiler. Just afterwards the constable came in, and I went out at the back door. At the close of the case the learned Judge observed that there was no proof, either of stealing or receiving, against the daughter Mary Prideaux. Verdict, John Prideaux, Guilty of Stealing; William Prideaux and Thomasine Freeman, Guilty of Feloniously Receiving; Mary Prideaux, Not Guilty. Sentences: John Prideaux, Six Months' hard labour; William Prideaux and Thomasine Freeman, each Four Months' hard labour. - JOHN BRAY, 23, and JOHN STUTHRIDGE, 16, tinners, were charged with stealing one cwt. of tin, value GBP 2, the property of WILLIAM BRAY and JOSEPH STONEMAN, at Luxulyan, on the 19th of January. Mr. HOLDSWORTH conducted the prosecution; Mr. BEVAN the defence. Attornies for the prosecution, Mr. COMINS; for the defence, Mr. PRESTON WALLIS. WILLIAM BRAY deposed; - I am a streamer and tinner living in the parish of Luxulyan; I am in partnership with Joseph Stoneman, in a stream work called Trescowl Moor. On Saturday the 19th of January, we had there a tin gard - a quantity of tin in the gravel; and I saw it there as late as between five and six o'clock on the Saturday evening. Between eight and nine o'clock on the Saturday evening. Between eight and nine o'clock on the Sunday morning, we discovered that about a cwt. of tin was gone from our gard. Our heap altogether contained about three or four cwt. In consequence of some suspicions we went in search for the tin; and on Tuesday the 22nd we went to the prisoner's stream work at Red Tie Common in Lanivet, about three quarters of a mile from our stream-work; we there found some of the rough sifting of our gard put in the middle of prisoner's heap and covered over. We then left a boy in charge, and went for a constable. The colour of our gard is red; the colour of the prisoners is white. The constable went to the prisoners' pile with us and took some of the stuff; and after that he went with the constable to the prisoners' house; they live together. The constable asked them where the tin was that they had brought from their stream the previous day; they said it was in the other house in a tray, and that any person might see it; we went into the other house and found there some screened tin, which belongs to me and my partner; the constables took samples of it. JOSEPH STONEMAN, the other prosecutor, corroborated the evidence of last witness. BENJAMIN STUTHRIDGE, father of one of the prisoners: - I have given permission to the two prisoners to work at Red Tie Common Stream Work. Both prisoners live with me. They were working at Red Tie about the 19th of January. CROSS-EXAMINED: I have another work called Little Goodluck and at Red Tie is both coloured with iron; but they are not of the same quality. On the Monday before the 17th of January, I told the prisoners they had better get ready their tin for market on the following Friday. On the 17th, Bray said they could not get a tin-dresser, and therefore should not be able to get ready for a week. I then told them they might bring it home in a tray and put it in my kitchen, and they did so. About the same time we had no water at Little Goodluck, and I ordered that some of the gards at Little Goodluck should be taken to Red Tie, to be washed. The gards at Little Goodluck are like those at Red Tie. On Sunday the 20th of January, just after dinner, Bray and Stoneman, the prosecutors, came to my house, and stayed there some time, smoking, but said nothing about having lost tin. On Saturday evening the 19th, I left my house about five o'clock to go to Bodmin; and passed by the prisoners at their work, between five and six o'clock; I got back to my home between ten and eleven o'clock in the evening, and then saw both prisoners in their room; and when I got up next morning, I saw them in their bed; there is no door between their room and mine, and if they had got up in the night I must have known it. RE-EXAMINED: I did not tell before the committing magistrates about the gards at Red Tie being like those at Little Goodluck. WILLIAM MARSHALL, constable, corroborated the evidence of prosecutors as to the search, and produced a variety of samples taken from the prosecutors' and prisoners' works, and from Little Goodluck; and also the tray of tin found at Stuthridge's house; and JONATHAN COCK, a tinner of twenty-one years' experience, gave evidence on the characters of the samples. MR. BEVAN addressed the jury for the defence. It was, mainly, that the red tin gards found in prisoners' heap at Red Tie had been taken there from Little Goodluck, by order of Benjamin Stuthridge, for the purpose of being washed, in consequence of want of water at Little Goodluck; and that the tin stuff found in the tray had been brought there from Red Tie, by orders also of Benjamin Stuthridge, the father of one of the prisoners, for the purpose of being prepared for sale. It would also be proved that, from six o'clock on Saturday evening to eight o'clock the next morning, the prisoners were not out of their fathers' house. The witnesses called for the defence were WILLIAM ROCHE, a tinner of Lanivet; JOSEPH POLSUE, also of Lanivet; and MATILDA STUTHRIDGE, mother of one of the prisoners, and mother-in-law of the other; Mrs. Stuthridge being the witness to prove that the prisoners were not out of her house (in which they both lived) from about six o'clock on Saturday evening to eight o'clock the next morning - the period during which it was alleged by the prosecutors, that their tin gards had been stolen. Mrs. Stuthridge admitted that before this occasion, she had never known tin stuff placed in a tray in the kitchen. Verdict, both Guilty. Each, Five Months' hard labour. THE CHARGE OF MURDER [shortened] - HANS HANSEN, aged 34, and described in the calendar as a stocking weaver, late a soldier in the German Legion, was arraigned on the charge of having wilfully murdered Charles JACOBI on the 13th of March, at Maker. The arraignment was interpreted to the prisoner by a sworn interpreter, a German gentleman; and the prisoner, in German, pleaded Not Guilty. [The learned Judge then had the interpreter ask the prisoner if he would rather be tried by a jury of his peers (half English, half foreign) or by an English jury. The prisoner, in English, declared "All English!" He was then removed; the trial is to take place tomorrow. (Wednesday) - HENRY FAULL, 54[?], miner, was charged with maliciously and feloniously firing a gun at CORNELIUS HARFORD, at Phillack, on the 26th of November, with intent to do him some grievous bodily harm. Mr. COLERIDGE for the prosecution; Mr. COLE for the defence. CORNELIUS HARFORD, the prosecutor, deposed - I am a sailor. About nine o'clock in the evening of Monday the 26th of November, I was at FLOYD's public-house in Hayle, and from thence I went to Phillack church-town, and left there about eleven o'clock to go to my ship. Passing about four or five yards from a house, a shot was fired; I felt something strike my head and I dropped directly; I had a thick straw hat and was hit through that. I lost my senses, and when I came to myself I found a doctor with me. I did not see who shot at me. CROSS-EXAMINED: I believe I had seen the prisoner once before that date; I never had any quarrel with him. It was a moonlight night, but cloudy. I had gone on past the house, and some person directing me that I was on the wrong road, I turned, and was thus shot. WILLIAM TOOL, a sailor - I know the prisoner's house. I was walking near that house on the evening of the 26th of November, and saw Harford walking in front of me. When I got near Faull's house, I heard a gun fired through the window, and saw the flash and smoke come out of the window; there was no person outside the house except Harford. I saw Harford fall. I was much frightened, and fainted. This was just after eleven o'clock. MARY ANN HUGH - I was just outside Faull's house about eleven o'clock on the night in question. I had been in the house at nine o'clock, and saw no body in the house except Faull. When I went there at eleven o'clock the door was shut home; I knocked at the door and asked Faull if I might come in; he said "no don't come in yet; there are no girls here; call again." There was no sash window in the house, nothing but boards at the windows. CROSS-EXAMINED: He told me that some men had been annoying him that night by throwing stones at the window, and had broke in some of the boards. I saw several stones in the room of the house. PHILIP GILBERT, constable of Phillack - On the 28th of November, I and GEORGE JONES saw the prisoner. Prisoner asked me what I was going to do in this case. I said, "I don't know; if you had shot the man with lead, instead of peas, we should know what to do with you." He said there was no one in the house but himself. I said, if it had not been for the "trash" or "gang" that was in the house, we should have known nothing about it. CROSS-EXAMINED: I have known the prisoner many years; I have never known him to be otherwise than a quiet man. MR. MUDGE, surgeon at Hayle: About twelve o'clock on the night of the 26th of November, I was called to see Harford. I went with the constable, and saw Harford in a house near the prisoner's. I examined Harford, and found several small holes in the forehead, eyelids, temple, cheeks, and tip of the nose. On examining one of these holes, I found a pea about half an inch deep; and then found peas in all the other holes - about fourteen or sixteen altogether. I found no shot. Harford has lost one eye; but I never considered that his life was in danger. CROSS-EXAMINED: The peas were the common unsplit garden peas, such as are used for ordinary culinary purposes. Mr. TABB, butcher, of Hayle: I saw Faull near his own house the morning after he shot Harford. I said to him that it was a bad job, and that I had heard the young chap was dead. He then looked about him, and said "don't say anything more to me about it; I am just mad about it already." CROSS-EXAMINED: he seemed to be a great deal distressed. The learned Judge, addressing the jury, told them he thought the evidence would not substantiate the charge of felony, for firing with intent to do grievous bodily harm, but by a late Act of Parliament, the jury might find the prisoner guilty of the minor offence - unlawfully wounding. The jury returned a verdict not guilty of felony, but Guilty of Unlawfully Wounding. Sentence deferred. - JOHN JULIFF, 22, and HENRY JULIFF, 50, labourers, were found Guilty of stealing four fowls, the property of JAMES HOTTEN, farmer, of Ladock, on the 20th of January. Sentence, Four Months' hard labour each. part 3 coming next!!

    05/07/2012 10:05:29
    1. Re: [CORNISH] Cornish miners needed in Borrego Springs, California today
    2. Jan Davis
    3. Yep!!! ----- Original Message ----- From: "Dot Hosking Huntley" <Dot@hoareserves.com> To: <cornish@rootsweb.com> Sent: Monday, May 07, 2012 7:08 PM Subject: Re: [CORNISH] Cornish miners needed in Borrego Springs,California today > Our Cornish tinners would do it in a second! > > Dot > > -----Original Message----- > From: Jan Davis > Sent: Monday, May 07, 2012 5:33 PM > To: cornish@rootsweb.com > Cc: Judy Sanders > Subject: [CORNISH] Cornish miners needed in Borrego Springs, California > today > > A hiker has been missing in the desert sand caves near Borrego Springs, > California since Easter. A couple of days ago they spotted a body deep in > a > 50 foot hole but can't get to it because the walls are crumbling. The San > Diego County Sheriffs Department just cancelled the search, saying it's > too > dangerous to send anybody down the hole to bring back the body so they are > calling in the Los Angeles County Mine Search group to shore up the walls > with wood. I think we need some Cornish miners, don't you? > Jan in Lemon Grove near San Diego > ------------------------------- > Subscribe to digest by sending an email to CORNISH-D-request@rootsweb.com > with the word SUBSCRIBE in the subject line and body text. If you want, > MIME digests, email CORNISH-admin@rootsweb.com. > > Unsubscribe from either by sending an email to > CORNISH-request@rootsweb.com. > ------------------------------- > To unsubscribe from the list, please send an email to > CORNISH-request@rootsweb.com with the word 'unsubscribe' without the > quotes > in the subject and the body of the message > > ------------------------------- > Subscribe to digest by sending an email to CORNISH-D-request@rootsweb.com > with the word SUBSCRIBE in the subject line and body text. If you want, > MIME digests, email CORNISH-admin@rootsweb.com. > > Unsubscribe from either by sending an email to > CORNISH-request@rootsweb.com. > ------------------------------- > To unsubscribe from the list, please send an email to > CORNISH-request@rootsweb.com with the word 'unsubscribe' without the > quotes in the subject and the body of the message

    05/07/2012 02:24:25
    1. Re: [CORNISH] Cornish miners needed in Borrego Springs, California today
    2. Dot Hosking Huntley
    3. Our Cornish tinners would do it in a second! Dot -----Original Message----- From: Jan Davis Sent: Monday, May 07, 2012 5:33 PM To: cornish@rootsweb.com Cc: Judy Sanders Subject: [CORNISH] Cornish miners needed in Borrego Springs, California today A hiker has been missing in the desert sand caves near Borrego Springs, California since Easter. A couple of days ago they spotted a body deep in a 50 foot hole but can't get to it because the walls are crumbling. The San Diego County Sheriffs Department just cancelled the search, saying it's too dangerous to send anybody down the hole to bring back the body so they are calling in the Los Angeles County Mine Search group to shore up the walls with wood. I think we need some Cornish miners, don't you? Jan in Lemon Grove near San Diego ------------------------------- Subscribe to digest by sending an email to CORNISH-D-request@rootsweb.com with the word SUBSCRIBE in the subject line and body text. If you want, MIME digests, email CORNISH-admin@rootsweb.com. Unsubscribe from either by sending an email to CORNISH-request@rootsweb.com. ------------------------------- To unsubscribe from the list, please send an email to CORNISH-request@rootsweb.com with the word 'unsubscribe' without the quotes in the subject and the body of the message

    05/07/2012 01:08:11
    1. [CORNISH] Cornish miners needed in Borrego Springs, California today
    2. Jan Davis
    3. A hiker has been missing in the desert sand caves near Borrego Springs, California since Easter. A couple of days ago they spotted a body deep in a 50 foot hole but can't get to it because the walls are crumbling. The San Diego County Sheriffs Department just cancelled the search, saying it's too dangerous to send anybody down the hole to bring back the body so they are calling in the Los Angeles County Mine Search group to shore up the walls with wood. I think we need some Cornish miners, don't you? Jan in Lemon Grove near San Diego

    05/07/2012 11:33:09
    1. Re: [CORNISH] CORNISH Digest, Vol 7, Issue 130
    2. Margaret Whitaker
    3. Dear Julia, Thank you for your work with transcriptions. I knew about the accident to Mrs Key mn Sarah Withell and daughter of Thomas Withell, from letters found in St John's Newfoundland. Had been hoping there was a newspaper report. The work of the volunteers is very much appreciated. Margaret Whitaker Withell ONS -----Original Message----- From: cornish-bounces@rootsweb.com [mailto:cornish-bounces@rootsweb.com] On Behalf Of cornish-request@rootsweb.com Sent: Monday, 7 May 2012 9:25 AM To: cornish@rootsweb.com Subject: CORNISH Digest, Vol 7, Issue 130 Cornish Volunteer Lookup Library http://homepages.rootsweb.com/~yvonne/cornishlib/cornishlib.htm Today's Topics: 1. West Briton, 28 March 1856 Local Intelligence (Julia Mosman) 2. WEST BRITON March 28 1856 - Assizes, part 1 of 4 (Julia Mosman) ---------------------------------------------------------------------- Message: 1 Date: Sun, 6 May 2012 17:31:23 -0500 From: Julia Mosman <jwmos99@msn.com> Subject: [CORNISH] West Briton, 28 March 1856 Local Intelligence To: <cornish-gen@rootsweb.com>, <cornish@rootsweb.com> Message-ID: <BLU159-W87A09CA79337E4C6574E6A9120@phx.gbl> Content-Type: text/plain; charset="Windows-1252" WEST BRITON AND CORNWALL ADVERTISER - Mrs. Heard and Son, publishers and editors. Truro 28 MARCH 1855 LOCAL INTELLIGENCE INDEPENDENT CHAPEL, PENZANCE - In order to improve the congregational worship, a very beautiful and effective instrument has been introduced into this chapel. It is one of the new patented Harmoniums, made by Alexander, Paris, purchased at the establishment of Mrs. HEARD and SONS, Truro. It has twelve stops and percussion action, and possesses the power of a large organ, with the softness of the piano-forte. On Sunday last it was opened for public worship, and gave the highest satisfaction; MISS M. COURTNEY presiding with great ability. On Monday evening the members of the church and congregation assembled in the vestry to tea, and having enjoyed an hour of social intercourse, adjourned to the chapel, where the remainder of the evening was delightfully spent in conversation, singing, and religious exercises. Miss M. COURTNEY again presiding at the harmonium. CHAPEL ANNIVERSARY - On Sunday last services in connection with the Methodist Reform Chapel, St. Austell, were held when two sermons were preached by Mr. S. DAVIES, and on the Monday afternoon a public tea was held which was well attended. In the evening, the Rev. W. WILSHAW, of Truro, preached to a crowded congregation. Collection were made at the close towards freeing the debt on this place of worship. PARISH OF ST. MARY - The annual vestry of this parish was held at the Vestry Room, on the 27th instant, the Rev. W. W. HARVEY in the chair. The accounts of the church-wardens for the past year, having been seen, were allowed, and the balance ordered to be carried forward to the credit of the churchwardens. A rate of three pence in the pound was granted for the ordinary expenses, and three pence in the pound towards repaying the money borrowed for the New Burial Ground. MR. NANKIVELL and MR. W. BARRETT were elected churchwardens for the ensuing year, and the vestry expressed its regret that the state of Mr. H. D. MARTIN's health was such as to prevent his again filling an office in which he had given so much satisfaction to the parish for so many years past. Not a dozen persons were present during the proceedings. St. JUST INSTITUTION - On Monday last, Dr. ETHERIDGE delivered an interesting lecture on "The Jewish Family of Hillell." A unanimous vote of thanks was tendered to the lecturer at the close; and it was announced that Mrs. BALFOUR would lecture in the succeeding week. CAMBORNE - On Tuesday the 25th instant, Mr. SAMUEL WILLIAMS gave a very interesting lecture, to a large audience, on "Poetry and the Poets," with recitations. A vote of thanks was unanimously awarded at the close. Mr. Williams is a working man of Camborne. TRURO INSTITUTION - A lecture on the physical geography of the south west of England was delivered to the members on Thursday evening by Mr. WHITLEY, who pointed out the manner in which the sea had moulded the geographical outline of the land? The lecturer considered that the whole country must have been submerged at least one thousand feet below its present level at the drift period, and on the re-elevation of the land, the whole coast line was loaded with beds of gravel and clay, forming plains which became covered with lakes and forests. After the elevatory force was expended, a collapse took place, by which the upraised land gradually subsided from twelve to twenty feet, where these forest plains were again submerged, and the Bays re-excavated by the waves and tides. .... PROMOTION - Mr. J.N. MILLETT, of Penzance, has been promoted to be clerk of H.M. S. "Gladiator" in which ship he has been serving in the Black Sea as assistant clerk. We understand that the Commander-In-Chief granted him a passing day seven months earlier than the regular probationary time (two years), as a reward for his diligent attention, no only to his own duties, but to those of the general boating charge, which usually belongs to a midshipman. BODMIN - In the list of those who have had the honour to receive the Crimean medal and clasp for Sebastopol, for Commissariat service, we observe the name of Mr. John Stevens GEAKE, late of Bodmin, Commissariat Storekeeper, of H.M. ship "Abundance," French Interpreter, &c, &c. FALMOUTH - The "Christiana Carnel," Brokenshire, from the Persian Gulf, has arrived at Falmouth, bound to London; she has on board a handsome lion and lioness (the latter is quite tame) and a male zebra for PRINCE ALBERT. She landed Captain JARVIS, the mate, and a lad, late of the barque "Bee," of Liverpool, from Callao for Cork for orders, abandoned January 21, lat. 41-20N., long 26-30W. The people were taken out of her by the American whaler "Hannibal"; and on February 11, in lat. 22 N., long. 21 W., the three mentioned were transported to the "Christiana Carnel" the remainder of the crew continuing onboard the whaler. The steamer "Alexandrie," MAYER master,last from Dartmouth for Alexandria, but built at Amsterdam for the Sultan, put into this port about a fortnight since, to effect some repairs, whilst lying at Restronguet, where she had gone to make good her defects, she unfortunately got aground on her anchor and filled with water. She remains in the same position, but endeavours are being made to float her. ST. AUSTELL FAIR - This fair, which took place on the 20th instant, was but thinly attended both by buyers and sellers, and business was consequently dull. Prices ruled high, fat bullocks brought from 55s. to 60s. per cwt., sheep fetched 9d. per lb. PROLIFIC EWE - Mr. NICHOLLS, of St. Day, has in his possession a ewe five years old, which has cast eleven lambs in four years, and has always reared them, viz: two the first, and three in each succeeding year. MACKEREL FISHERY - The drift boats at Mevagissey are all prepared to go to sea, and would have gone this week had not the east wind prevented them. Considerable quantities of mackerel have been taken to the eastward. REDRUTH COUNTY COURT - DOUGLAS v. PENMAN ? [slightly edited] This action was brought by a young Scottish traveler against Mr. EDWARD PENMAN, his late master, to recover GBP 30. 13s. for wages. On the part of the defendant it was alleged that nothing was due, inasmuch as the contract between master and man was not for wages, but that plaintiff was to serve an apprenticeship for two years and then defendant was to put him in business. Defendant admitted that he offered plaintiff GBP 10 on leaving, to send him home to Scotland, but said that was only a gratuity on his part, and not in satisfaction of any claim plaintiff had. After a careful summing up, the learned Judge left it to the jury, whether the contract was for wages, or to serve as an apprentice. ...The jury retired for twenty minutes and then returned into Court with a verdict for the defendant, coupled with an expression of regret that plaintiff had not accepted of the GBP 10 when offered. COMMITTALS - On Saturday last, a girl of the town, named MATTHEWS, was taken before Mr. E. COODE, jun., of St. Austell, charged with taking a five pound note from a man named MORCOM, of St. Stephens-in-Branwell, on the evening of Thursday the 20th inst., and was committed for trial. And on Wednesday last, a tramping woman was taken before the same magistrate charged with breaking windows at the Globe Hotel, and was committed to the house of correction for three weeks at hard labour. ACCIDENT AND NARROW ESCAPE - As a young man named JOHN MARTIN was proceeding through the 112-fathom level in West Seton Mine, on Monday last, a pair of men in a stope, eight fathoms above, were removing some timber, and a rock upwards of a cwt. fell to the back of the 112 fathoms level, and struck; then rebounded, and fell on his foreheard, knocking him backward, and falling on his ancle with such force as to break the skin of the back part of his foot. His leg and foot are seriously injured, but great hopes are entertained of his recovery. [ancle as spelled] SERIOUS ACCIDENT AT BODMIN - On Friday last, the following accident occurred at Bodmin. MRS. KEY, of Padstow, had received a letter from her husband in Cork, who is captain of a ship that was about to sail to Rio de Janeiro, requesting to see her before his departure. In consequence, she took her departure from Padstow for Plymouth, and arrived in Bodmin about seven in the evening, in a four-wheeled dog-car, conveying herself, her two children, her cousin, and the driver. They stopped at the Red Lion Inn, about half way down the Fore Street, Bodmin, where the driver left the horse?s head, and was taking out one of the children, when the horse shook himself, and got the bridle out of his mouth. Before the driver could get to his head, the horse went off at full speed, striking the vehicle against the corner of a house about five or six yards below the Red Lion, by which Mrs. Key's cousin, and the child remaining in the dog-cart were thrown out, but fortunately were not injure! d. The horse went off at full speed with the vehicle, which next came in contact with an iron lamp opposite the Market House, and knocked the lamp to atoms; after which the animal rushed on at a still more furious speed till he got to the corner of Mr. LEVER's saddler's shop, where Mrs. Key, who was sitting in front, was thrown out with great violence, and her head, it is supposed from the injuries she sustained, must have come against the kerb-stone. The Mayor of Bodmin, Mr. HAMLEY, from outside his residence, witnessed the flight of the horse, ran down the street, and with the assistance of others took up Mrs. Key, who was insensible, being dreadfully cut about her head, and blood issuing from her ear. Almost immediately afterwards, Mr. COUCH (assistant to Mr. WARD, surgeon) came to the spot, and Mrs. Key was then conveyed back to the Red Lion, where she was immediately attended by Mr. Couch and Mr. MUDGE[ and those gentlemen, with Mr. Ward, surgeon, have been in attendance on the sufferer ever since the accident. She has sustained a severe concussion of the brain, but no fracture of the skull; she is, however, in a very precarious state, and slight hopes are entertained of her recovery. The Mayor, Mr. Hamley, had the children taken to his house, where they remained till the following Saturday, when they were conveyed to Padstow. It appears that the "boots" at Oliver's Royal Hotel had a very narrow escape when the horse was rushing down the street with the dog-cart. He was lighting the lamp outside the hotel, when, seeing the horse approaching, he had just time to slide down the ladder, when the wheels of the dog-cart came in contact with it, and broke the ladder into three pieces, one of which was carried down by the vehicle thirty or forty yards below the hotel. The accident has occasioned a considerable sensation in Bodmin, and much concern is expressed for the sufferer, Mrs. Key. CORONER'S INQUEST - The following inquest was held before Mr. JOHN CARLYON, county coroner, on Monday last, at Truro, on the body of SAMUEL BENNY, aged about two years. It appeared from the evidence of deceased's mother that on Friday last she lifted a pan of cream from the kitchen fire and placed it on the floor in an adjoining room to cool. About an hour afterwards the deceased went there and she heard him fall. She immediately ran into the room, and found him sitting in the pan. She took him out, and with the assistance of her husband stripped off his clothes, but he died from the scald and fright the following day. Verdict, "accidental death." The following inquests have been held by Mr. HICHENS, county coroner: On Saturday last, at Halse-town, in the Borough of St. Ives, on the body of ROBERT BERRIMAN, aged about four years. The deceased was left on the 19th by his mother in charge of his sister, a well grown girl about fifteen years of age, whilst she, the mother, went into St. Ives town on business, and during her absence the sister, being in the act of lifting off the fire, near to which the deceased was standing, a pan of boiling water, one of her hands slipped, and the contents of the pan fell on the shoulders and back of the deceased, whereby he was greatly scalded, and after lingering till the morning of the 21st, died. Verdict, "accidental death." On Tuesday last, in the parish of Illogan, on the body of MARIA WEBBER, aged 77 years. The deceased, who lived in the village of Brea, in that parish, left her home on the morning of Easter Monday, to go to Pool, where a sum of money was to be given away to the aged poor of the parish; she reached Pool and received, it is understood, a shilling, and was afterwards found under the Railway Arch, at Dolcoath Mine, being on her way back to Brea. She was speechless, and apparently senseless, when found, and died almost immediately after and before she could be removed. Verdict, "natural death." ------------------------------ Message: 2 Date: Sun, 6 May 2012 18:24:39 -0500 From: Julia Mosman <jwmos99@msn.com> Subject: [CORNISH] WEST BRITON March 28 1856 - Assizes, part 1 of 4 To: <cornish-gen@rootsweb.com>, <cornish@rootsweb.com> Message-ID: <BLU159-W34587206D7AB0EDFB2FCE1A9120@phx.gbl> Content-Type: text/plain; charset="iso-8859-1" WEST BRITON AND CORNWALL ADVERTISER 28 MARCH 1856 - ASSIZES, part one of four CORNWALL SPRING ASSIZES On Saturday evening last, shortly before six o'clock, the learned Judges for the Western Circuit, Mr. Justice CROWDER and Mr. Serjeant CHANNELL, (the latter acting for Mr. Baron PLATT, who through severe illness could not engage in the duties of the Circuit) arrived at Bodmin from Exeter, and were met and escorted into town by the High Sheriff, Sir W. Berkeley CALL, Bart., and the usual troop of javelin men. The Sheriff appeared on the occasion in his deputy-lieutenant's uniform. The Judges on their arrival immediately proceeded to the Crown Court, and opened the commission for holding the assizes in the usual form. On Sunday morning, the Judges attended divine service at Bodmin church, where the prayers and lessons were read by the Rev. John WALLIS, vicar, and the Rev. Joseph COLIN, curate; and a good, practical discourse was preached by the Sheriff's Chaplain, the Rev. G. H. SOMERSET, rector of St. Mabyn. [The good preacher alluded to the fact that two-thirds of the prisoners appearing on the calendar of these assizes were unable to read well, and pointed out the important and salutary effect of education in diminishing crime.] On Monday morning, both Courts were opened, Mr. Justice Crowder presiding in the Crown Court, and Mr. Serjeant Channell at Nisi Prius. The calendar contained the names of forty-five prisoners. [The Learned Judge then charged the Jury, mentioning points of law in regard to each case.] ....I cannot dismiss you without adverting to another matter. On the back of the calendar are the names of the prisoners in gaol on former orders, and I find amongst them the names of Mary Ann THOMAS and Elizabeth THOMAS, common prostitutes, charged with wandering in the public streets, and behaving riotously. Mary Ann Thomas has been sentenced - I suppose at quarter sessions - to three calendar months' hard labour; and, then in addition to that, for want of sureties to keep the peace and be of good behaviour, she is sentenced to twelve months' imprisonment, to commence at the expiration of the first sentence. That is the case also with Elizabeth Thomas. Now I have no intention of saying, if it is precisely as is represented here, that the last is an illegal imprisonment; but there may be some mistake about it, and I shall make inquiries for the purpose of ascertaining what is the real character of what, I must say, is a very severe sentence. If it be that she was imprisoned for a given time till she found sureties, and conditionally to be discharged if she found sureties in the mean time, then it would be a legal imprisonment; but under any view, it seems to be a sentence of a very heavy character indeed, a woman of this kind being one of the last in the world that would be able to find sureties. I shall make inquiries to ascertain whether it is a legal imprisonment or not. The learned Judge then requested the Grand Jury to retire for the consideration of the bills before them; but just afterwards he said - I find the sentences on Mary Ann and Elizabeth Thomas were not from the county magistrates, but from the petty sessions of the borough of Truro. I am very anxious that there should be no mistake, and that such an accusation should not go against the county magistrates. TRIALS OF PRISONERS - MARY GWYN was charged with stealing a victorine [a fur neckpiece, from what I could find], the property of Mr. IBBOTT, draper, of Truro. Mr. HUGHES, for the prosecution, called as witnesses, JANE ROWE, ELIZABETH ROOKE, assistant in the shop, SUPERINTENDENT NASH, of the Truro police, and Mr. IBBOTT. Jane Rowe's statement was that she went into the shop in the afternoon of the 27th of February, to buy gloves, and the prisoner to buy a bonnet. They went up into the show room, and on coming down she saw the prisoner take a victorine from the door, and put it under her shawl. Prisoner paid for the bonnet when she got to the bottom of the stairs, and went out of the shop. When in the street, witness asked if she was not ashamed of herself for taking the victorine, and she said, "get out, you fool, why didn't you take the calico?" meaning some pieces of calico that were piled up. Witness informed Mr. Nash, who apprehended Gwyn next day at her house at Scorrier Gate. Mr. Nash searched the house, but did not find prosecutor's victorine. Elizabeth Rooke stated that she placed some victorines on the door on the morning of the 27th, and in the evening one of them was missing. Prisoner (who was undefended) asked some questions of Mrs. Rowe, and called as a witness in her behalf, a butcher named WHITFORD, who lives at Scorrier Gate. This witness stated some circumstances that occurred when Mr. Nash went with Jane Rowe to the prisoner's house at Scorrier Gate; and some of the evidence on this part of the case was conflicting. The JUDGE asked Mrs. Rowe why she did not tell Mr. Ibbott of the theft immediately when she saw it committed; to which Mrs. Rowe replied that she felt rather confused at the time. The learned Judge, in summing up, told the jury that the whole case rested on the evidence of Jane Rowe; there was no other testimony to support her. Verdict, Not Guilty. - HENRY WILCE, 35, labourer, pleaded guilty of stealing hay, straw, and turnips from his master, SAMUEL COWLING, of St. Kew, on the night of the 1st of March. Sentence, Three Months' hard labour. - HENRY STEPHENS and HENRY NORTHEY were charged with stealing a piece of rope from Mr. Stephen MICHELL, mine broker, of Truro, on or about the 20th of November. Mr. ARCHER for the prosecution; Mr. HOLDSWORTH for the prisoner Northey, Stephens being undefended. It appeared that the prosecutor had worked a mine called Wheal Michell, but the mine had ceased working, and the rope, which was part of the materials, was left at Mr. CARNE's blacksmith's shop at Higher Town, near Truro. Some time afterwards, when inquiry was made for the rope, it was found that the two prisoners had called at the shop and taken it away. It was given up to them because it was thought they had Mr. Michell's authority to come for it. The rope was found by policeman PRATER at Stephens's house in Truro. It appeared that Northey went with Stephens to Higher Town for the rope, because Stephens told him he had a right to it. The Judge, therefore, decided that there was no case against Northey. Stephens's statement was that the prosecutor owed him for two days' work, and he thought he had a right to take the rope on that account; but the prosecutor denied that he said anything to him about this debt until January, whereas the rope was taken away in the previous November. Mr. STOKES and High Bailiff DREW, of the County Court, were called as witnesses to Stephens's good character. The jury returned both prisoners Not Guilty. The Judge, addressing Stephens, said, if you suppose you have a right on account of any debt, to get hold of property belonging to another, you will find it is wholly illegal, and that you run a very great risk in doing so. - RUTH THOMAS, 15, was charged with stealing three gold rings from Peter LATORA, at Redruth, on the 12th of January. Mr. ARCHER for the prosecution; Mr. COLE for the prisoner. Prosecutor keeps a 'general shop' at Redruth; he left the shop about seven in the evening of the 12th of January, and on his return found that the three rings had been stolen. Prisoner was seen by Elizabeth HOCKIN, who entered the shop, leaning over the counter, and putting her hand into a glass case containing a number of rings; she thought at the time that prisoner belonged to the shop. Mrs. FRANCES also said she saw prisoner with her hand in the glass case. The rings were afterwards found on the ground, near where the prisoner was standing. The prisoner received a good character from UREN, a constable. The jury were a long time considering the case, but at length found the prisoner Guilty, strongly recommending her to mercy on account of her character. The Judge sentenced her to four months' hard labour. - ROBERT HODGE, 36, blacksmith, pleaded Guilty of stealing twelve steel shovels, the property of William VIVIAN, of Gwinear. Nine months' hard labour. - HENRY THOMAS ELLIS, 17, labourer, pleaded Guilty of stealing a pair of boots, the property of Thomas ROBERTS, and a pair of stockings, the property of Samuel MAY, at St. Just in Penwith, on the 11th of January last. Two months' hard labour. - JOHN TIPPETT, 14, miner, pleaded Guilty of stealing 2 lbs. of candles, the property of John WATERS and Stephen TUCKER, at St. Blazey, on the 3rd of January. He also pleaded Guilty of stealing 1 ? lbs of candles, the property of Thomas WILLIAMS and John TRETHEWY, at St. Blazey, the 3rd January. Four Months' hard labour. - JOHN PARKER, 25, tallow chandler, pleaded Guilty of breaking and entering the dwelling-house of JOHN TYACK, at Kea, and stealing a silver watch, shawls, trousers, and other articles. He also pleaded Guilty of breaking and entering the house of JOHN EADE, at Breage, on the 28th of February, and stealing a cape, coats, trousers, waistcoats, and other things. The prisoner also pleaded Guilty to a third indictment, for breaking and entering the house of ANN PAINTER, of Gwennap, on the 3rd of March, and stealing shawls and dresses. Four Years' Penal Servitude. - MARY SIMS, 44, was charged with fraudulently obtaining from JAMES OLIVER, at Camborne, on the 19th of January, a pair of boots, by pretending that she was sent by her sister, Mrs. Ann KNUCKEY. Guilty. Three months' hard labour. - WILLIAM FERRERS, alias BAILEY, 43, was charged with stealing two coats, a glove, bag, and whetstone, the property of George HOBBS, at St. Stephens by Saltash, on the 18th of January. Colonel CORYTON, in whose service the prisoner had worked for eight years, gave him a good character. Verdict, Not Guilty. - STABBING - CHARLES JENKIN, 23, a miner, was indicted for feloniously stabbing and wounding WILLIAM ELLIS, with intent to do him grievous bodily harm. Mr. BEVAN for the prosecution; Mr. COLE for the defence. There was a good deal of evidence given in this case, but the substance of it was as follows. On the night of the 10th of March, the prisoner, with two men called WALLIS and BERRYMAN, were drinking at a public house at Newbridge, in the parish of Sancreed. Another man called Samuel HOLLOW, was also of the company present at a later part of the evening. There were several people in the room, and dice were played with for pints of beer. The prisoner and Wallis played, and Wallis won, but when the beer was brought he refused to drink it. The prisoner, Jenkin, was drunk, and became excited and angry because Wallis refused to drink the beer. Berryman and Hollow attempted to prevent violence on the part of Jenkin, who drew out his knife, and seized Wallis by the collar, threatening to stab him if he did not drink as he wished him to do. They got prisoner away, upon which he dashed his knife into the table, and cut his own thumb. A number of persons had collected outside, but Wallis, the object of prisoner's anger, was got away from him, and the door was shut. Prisoner said the very first man that interfered with him, he would run the knife into him. He was swaying the knife round, and threatened to stab people. He got out of the house, and those who had been about him got out of the way; but just at that time the prosecutor, William ELLIS, who happened to be in a shoemaker's shop opposite the public house, hearing a disturbance, came out to see what was the matter, and came within a short distance of the door of the public-house. Jenkin had then come out with the knife in his hand; it was a moonlight night, and Ellis being the first person he saw, he stabbed him in the thigh with the knife. Mr. SEARLE, surgeon, St. Just, gave evidence that he was called to attend the prosecutor on the night of the 10th of March, and found him suffering from a simple incised wound on the outer part of the right thigh; a wound two inches in length, the same in depth, and made by some sharp instrument. Witness dressed the wound; it was a bad wound, but no vital part was touched; the wound terminated about an inch from the femoral artery. If it had gone an inch deeper, it would have been very dangerous to life; he was still attending the prosecutor. Mr. COLE, on the part of the prisoner, submitted that the wound was caused by accident; that the prisoner did not deliberately stab Ellis, but struck him with the knife in running against him. The charge was that of stabbing with intent to do grievous bodily harm; he (Mr. Cole) submitted that there was no such intention on the part of the prisoner, who was in that drunken state that he was incapable of forming a deliberate intention to wound or injure anybody. Rushing out of the house on a moonlight night, he did not in fact see who Ellis was; and he said afterwards, when charged with the stabbing, "I never saw you for the night." In summing up, the learned Judge said, if the jury were satisfied the stabbing was the result of accident, there was no charge to be made against the prisoner. But when it was said the prisoner was so drunk he could have had no intention in his mind, he (the learned Judge) must tell them that drunkenness was no excuse for violence or crime of any kind. Perhaps, however, the prisoner did not know Ellis when he stabbed him, and it might be a charitable view of the case to consider that he had no deliberate intention of doing that man in particular any great bodily harm. The law allowed the jury, when not satisfied that there was the felonious intent named in the indictment, to find a verdict for unlawfully wounding. The jury then found the prisoner guilty of unlawfully wounding. The learned Judge told the prisoner that the jury had taken a very merciful view of the case against him, in acquitting him of the greater offence of wounding with intent to do grievous bodily harm. He then pointed out the evil of drinking habits in leading men into crime, and concluded by sentencing the prisoner to Nine Months' hard labour. - HIGHWAY ROBBERY - RICHARD HOLDEN, 23, was indicted for feloniously assaulting, and putting in bodily fear and danger of his life, JOSEPH VIVIAN, of St. Germans, on the 15th instant, and stealing from his person 16s.6d. Mr. KINGDON appeared for the prosecution. Joseph VIVIAN, a navvy, stated that on the night of the 15th of March, he was drinking at a public house at Polbathick, and the prisoner and others were also there drinking. Between eleven and twelve o'clock, the landlord desired them all to leave the house, and they did so. As prosecutor was going along the road towards his home he was knocked down with great violence, and took from him 16s.6d. He begged him, for God's sake, not to take all his money, but the man said he would have every farthing. Prosecutor afterwards gave some description of the man to HAWKES, a constable, who apprehended Vivian, and prosecutor said he was the man, he had worked with him some time before. Prisoner said he was at home in his bed that night, but on making inquiry at his lodgings, it was found he was not home at the time the robbery was committed. The prosecutor admitted that he had drunk a good deal on the night in question. In reply to one of the jury, he said he must have spent about four shillings in liquor. The jury could not agree, and were locked up, but subsequently returned a verdict of Acquittal. The Court then rose. NISI PRIUS COURT BRISTOL v. JENNINGS - An undefended action, no particulars of which were given in court, and a verdict for plaintiff was directed. HAMBLY v. GUY, the younger. Mr. COLERIDGE for plaintiff; Mr. COLE for defendant. [cut somewhat, but actual words used] The action was brought by Mr. Edmund HAMBLY, solicitor, of Wadebridge, against Warwick GUY the younger, a farmer of Endellion, for recovery of GBP 50 on a promissory note. The nature of the case entitled the defendant to open. Mr. Cole proceeded to state the case to the jury. The bill of exchange was dated as far back as May 6, 1850, for GBP 50; and the defence was that defendant had satisfied the plaintiff for the full amount of the bill. It appeared that the defendant's father had possession of two estates called Trewethick and Burrow Park, which, in May, 1842, were mortgaged in GBP 5,000, partly to plaintiff and partly to a client of plaintiff; and at Christmas, 1847, plaintiff got into possession of these estates and received the rents. In March, 1850, the defendant's father got into difficulties and was put into prison; he was endeavouring to get out under the Insolvent Act, but it was communicated to him that the plaintiff, who it appeared had some claim against him, threatened to oppose his discharge unless the defendant would give him a bill of exchange; some interviews on this subject took place between the defendant and Mr. Hambly, and eventually, after some refusals, the defendant consented to give him the Bill of Exchange for GBP 50. In July, 1851, the defendant occupying under the plaintiff some eighteen acres of the land that had been his father's, the plaintiff put in a distress for rent in arrear; and negotiations took place between the defendant and plaintiff for the settlement of this claim. Defendant's father went to plaintiff, and it was arranged that all matters should be settled between them on the following terms: viz. Mr. Hambly was to be paid GBP 25 and to receive the value of the then growing crops; and the defendant's impression was that this arrangement included the settlement of the GBP 50 note of hand; and, on the part of the plaintiff it was alleged to be confirmatory of this view, that no claim for interest was made on the note till May, 1855; and then only on the defendant, as one of the executors of a deceased lady called BILLING, making a claim on plaintiff for GBP 140; Mr. Hambly having all along retained the note in his possession, and eventually putting it in as a set-off agains! t the claim made on him by the executors of Mrs. Billing. The witnesses examined, in support of this defence, were the defendant himself, [and] his father, Warwick Guy the elder. Mr. Coleridge then opened the case for the plaintiff. The property in question having been mortgaged to plaintiff for GBP 5,000, there became due a considerable arrear of interest in 1849; and an agreement was come to between Hambley and the elder Guy - the defendant being present - that the old man should pay GBP 50 on account of arrears of interest then due, and that father and son should occupy and cultivate the eighteen acres of the mortgaged property, paying from that time forward a rental of GBP 50 yearly. In 1850, the elder Guy being in prison at the suit of some other creditor, the plaintiff gave notice of opposition to his discharge, but consented to withdraw his opposition on the defendant's giving him the note of hand for GBP 50. The elder Guy then came out of prison; and from that time, the father and son had occupied the eighteen acres as joint tenants of the plaintiff. In August, 1851, only GBP 13 having been paid for rent of the premises from 1849, Mr. Hambly put in distress for GBP 87.10s. On this, the elder Guy went to Mr. Hambly, and an arrangement was come to for removal of the distress,- the arrangement being that possession should be given up to Mr. Hambly, the defendant and his father retaining the stock and furniture, and realizing the growing crops for the benefit of plaintiff, besides paying to plaintiff a sum of GBP 20 in two instalments[sic]. All that Mr. Hambly had received out of the GBP87.10s. arrear of rent, was GBP 42 - made up of the money payment of GBP 290, and GBP 22 the value of crops sold. But, in this arrangement, there was NOT included any settlement of the GBP 50 note of hand. The arrangement had reference SOLELY to the arrear of rent due on the eighteen acres, and had NO reference whatever to the note of hand. Mr. Hambly, the plaintiff, and a witness called JOHN CLEMOES, the occupier of the eighteen acres after the defendant and his father went out in 1851, were examined. In summing up, the learned Judge directed the jury that the sole question for their consideration was, whether the arrangement made by the elder Guy in August 1851 did, or did not, include a settlement of the note of hand previously made by the younger Guy - the defendant. The only witness on this point, for the defendant, was the elder Guy; and it was for the jury to consider whether the evidence of that witness had or had not sustained the defendant's plea in this respect. The jury consulted upwards of half an hour in Court, then were locked up nearly an hour more; after which they returned into Court with a verdict for plaintiff for GBP 50. Mr. Coleridge said the plaintiff did not ask for interest, but wished for immediate execution. The learned Judge assented. BURNARD v. NORTHAM and BENNETT. Mr. Collier Q.C. and Mr. KARSLAKE for plaintiff; Serjeant KINGLAKE and Mr. MAYNARD for defendants. This case had been entered for a special jury, but after arguments on an application by Mr. Collier, it was heard before a common jury, after numerous challenges on both sides. [The plaintiff was a farmer living at Stokeclimsland, and the defendants were two mine agents who took a mine-sett in a common part of a manor called Trevage, under the rights of Mr. RODD. Northam and Bennett had brought suit against a man called BOWDEN, who occupied a farm called Tregune, under Mr. ARCHER, and were awarded the sum of five shillings. Mr. Bowden had removed some cartloads of rubbish, which afterwards proved to contain five shillings' worth of tin. Mr. Archer declined to go into the question of right, leaving Bowden to defend himself as best he could. It was found he owed the mine agents five shillings, the value of the tin. The costs were subsequently taxed, and amounted to GBP 246.15s.6d. In January last, the mine agents levied on the goods of Bowden for the sum of GBP 246.15s.6d, and took three horses, a cart, and harnesses. The plaintiff maintained that they had no right to do so, as none of that property belonged to Bowden; he [the plaintiff] was the rightful owner. Bowden was one and one half years in arrears in his rent, and Mr. Archer had put in a distress on Bowden's goods, and sold them on the 9th of August. The proceeds realized nearly GBP 40. Among the goods sold to Mr. Burnard were the cart, horses, and harness now in question. Mr. Collier pointed out it was probable that Mr. Archer, who was a very kind and indulgent landlord, would not have put in that distress on his tenant, but that he felt that if he did not do so, the mining people would take everything Bowden owned. Burnard was the father-in-law of Bowden, who at that time and now was in circumstances of very great affliction; he had four children and a wife who though only about 26 years old was totally paralysed in all her limbs. Bowden had got his living by letting out his horses for hire, drawing stones for the roads in the neighbourhood, and letting them out for mine work. Burnard, therefore, felt that if the horses, cart, and harness were taken away, Bowden would be entirely ruined. Burnard, therefore, bought them for the purpose of allowing Bowden to retain them for some time in order that he might, if possible, extricate himself from his difficulties. The following witnesses were called for the plaintiff: Mr. Henry BURT, auctioneer, of Launceston: Mr. Thomas BURNARD the plaintiff. Serjeant Kinglake then opened the defence, which was that the proceedings of the alleged distress and sale were colourable and fraudulent. He spoke of the action out of which these proceedings originated as being, in reality, between Mr. Archer and Mr. Rodd, for the purpose of trying a question of right in the manor of Trevage, and avowed he was representing Mr. Rodd through the nominal defendants. The oral testimony on the part of the defendants was given by Richard Barrett HICKS, a grocer living at Altarnun Church town; William MEDLAND, the officer employed to execute the writ of distress on Bowden; William CHAPPLE, surveyor of the Bodmin turnpike-roads; Christopher DAVEY, a labourer on those roads; and Mr. Charles GURNEY, the defendant's attorney. The case occupied the Court some six or seven hours; and on its conclusion at nearly eight o'clock, the jury, after a few minutes' consultation, returned a verdict for plaintiff. MORE TO COME...... ------------------------------ To contact the CORNISH list administrator, send an email to CORNISH-admin@rootsweb.com. To post a message to the CORNISH mailing list, send an email to CORNISH@rootsweb.com. __________________________________________________________ To unsubscribe from the list, please send an email to CORNISH-request@rootsweb.com with the word "unsubscribe" without the quotes in the subject and the body of the email with no additional text. End of CORNISH Digest, Vol 7, Issue 130 ***************************************

    05/07/2012 07:36:59
    1. [CORNISH] Email Frustration
    2. John Smith
    3. As an OPC, I receive requests for information regard aspects of life in my parishes (Phillack and Hayle). Can I express my frustration then that when I attempt to reply to the person making the enquiry, they have their inward emails so tightly controlled that my replies are rejected by their ISP. Is this a problem experienced by other OPCs? I'm also posting this to the Cornish-L list hoping that the sender of the most recent request to me, who hasn't received a reply, will accept a reply from me. Cheers from Sydney John Smith OPC Phillack and Hayle

    05/07/2012 06:06:51
    1. Re: [CORNISH] West Briton 21 March 1856
    2. Albert Jenkin
    3. Ann - Cheers for your g-g-grandfather! It's grand, isn't it, to receive confimation that you are real, with real forebears? Oll an gwella, Albert hag Howlek an Gath > From: Atumser@socal.rr.com > To: cornish-gen@rootsweb.com; cornish@rootsweb.com > Date: Sun, 6 May 2012 20:14:15 -0700 > Subject: Re: [CORNISH] West Briton 21 March 1856 > > Hi Listers, > > > > My great great grandfather, William ROWSE, finally made it into the West > Britain transcriptions! For any of you that attended the earlier virtual > Christmas parties, Lancarffe was THE PARTY PLACE in 1998. >

    05/07/2012 04:58:15
    1. Re: [CORNISH] West Briton 21 March 1856
    2. Ann Tumser
    3. Hi Listers, My great great grandfather, William ROWSE, finally made it into the West Britain transcriptions! For any of you that attended the earlier virtual Christmas parties, Lancarffe was THE PARTY PLACE in 1998. WEST BRITON AND CORNWALL ADVERTISER March 21, 1856 BODMIN GARLAND OX FAIR - This fair on Saturday last was thinly attended, and supplied with but few cattle or sheep. Prices were good, farmers asking 7d. per lb. for sheep. Mr. ROWSE, of Lancarffe, Bodmin, was as usual the successful competitor for the garlands, three having been awarded to him, two for the best oxen, and one for a fat cow. The other garland was awarded to Mr. F. PARKYN, of St. Veep. Best wishes, Ann Tumser Orange County, California

    05/06/2012 02:14:15
    1. [CORNISH] WEST BRITON March 28 1856 - Assizes, part 1 of 4
    2. Julia Mosman
    3. WEST BRITON AND CORNWALL ADVERTISER 28 MARCH 1856 - ASSIZES, part one of four CORNWALL SPRING ASSIZES On Saturday evening last, shortly before six o'clock, the learned Judges for the Western Circuit, Mr. Justice CROWDER and Mr. Serjeant CHANNELL, (the latter acting for Mr. Baron PLATT, who through severe illness could not engage in the duties of the Circuit) arrived at Bodmin from Exeter, and were met and escorted into town by the High Sheriff, Sir W. Berkeley CALL, Bart., and the usual troop of javelin men. The Sheriff appeared on the occasion in his deputy-lieutenant's uniform. The Judges on their arrival immediately proceeded to the Crown Court, and opened the commission for holding the assizes in the usual form. On Sunday morning, the Judges attended divine service at Bodmin church, where the prayers and lessons were read by the Rev. John WALLIS, vicar, and the Rev. Joseph COLIN, curate; and a good, practical discourse was preached by the Sheriff's Chaplain, the Rev. G. H. SOMERSET, rector of St. Mabyn. [The good preacher alluded to the fact that two-thirds of the prisoners appearing on the calendar of these assizes were unable to read well, and pointed out the important and salutary effect of education in diminishing crime.] On Monday morning, both Courts were opened, Mr. Justice Crowder presiding in the Crown Court, and Mr. Serjeant Channell at Nisi Prius. The calendar contained the names of forty-five prisoners. [The Learned Judge then charged the Jury, mentioning points of law in regard to each case.] ....I cannot dismiss you without adverting to another matter. On the back of the calendar are the names of the prisoners in gaol on former orders, and I find amongst them the names of Mary Ann THOMAS and Elizabeth THOMAS, common prostitutes, charged with wandering in the public streets, and behaving riotously. Mary Ann Thomas has been sentenced - I suppose at quarter sessions - to three calendar months' hard labour; and, then in addition to that, for want of sureties to keep the peace and be of good behaviour, she is sentenced to twelve months' imprisonment, to commence at the expiration of the first sentence. That is the case also with Elizabeth Thomas. Now I have no intention of saying, if it is precisely as is represented here, that the last is an illegal imprisonment; but there may be some mistake about it, and I shall make inquiries for the purpose of ascertaining what is the real character of what, I must say, is a very severe sentence. If it be that she was imprisoned for a given time till she found sureties, and conditionally to be discharged if she found sureties in the mean time, then it would be a legal imprisonment; but under any view, it seems to be a sentence of a very heavy character indeed, a woman of this kind being one of the last in the world that would be able to find sureties. I shall make inquiries to ascertain whether it is a legal imprisonment or not. The learned Judge then requested the Grand Jury to retire for the consideration of the bills before them; but just afterwards he said - I find the sentences on Mary Ann and Elizabeth Thomas were not from the county magistrates, but from the petty sessions of the borough of Truro. I am very anxious that there should be no mistake, and that such an accusation should not go against the county magistrates. TRIALS OF PRISONERS - MARY GWYN was charged with stealing a victorine [a fur neckpiece, from what I could find], the property of Mr. IBBOTT, draper, of Truro. Mr. HUGHES, for the prosecution, called as witnesses, JANE ROWE, ELIZABETH ROOKE, assistant in the shop, SUPERINTENDENT NASH, of the Truro police, and Mr. IBBOTT. Jane Rowe's statement was that she went into the shop in the afternoon of the 27th of February, to buy gloves, and the prisoner to buy a bonnet. They went up into the show room, and on coming down she saw the prisoner take a victorine from the door, and put it under her shawl. Prisoner paid for the bonnet when she got to the bottom of the stairs, and went out of the shop. When in the street, witness asked if she was not ashamed of herself for taking the victorine, and she said, "get out, you fool, why didn't you take the calico?" meaning some pieces of calico that were piled up. Witness informed Mr. Nash, who apprehended Gwyn next day at her house at Scorrier Gate. Mr. Nash searched the house, but did not find prosecutor's victorine. Elizabeth Rooke stated that she placed some victorines on the door on the morning of the 27th, and in the evening one of them was missing. Prisoner (who was undefended) asked some questions of Mrs. Rowe, and called as a witness in her behalf, a butcher named WHITFORD, who lives at Scorrier Gate. This witness stated some circumstances that occurred when Mr. Nash went with Jane Rowe to the prisoner's house at Scorrier Gate; and some of the evidence on this part of the case was conflicting. The JUDGE asked Mrs. Rowe why she did not tell Mr. Ibbott of the theft immediately when she saw it committed; to which Mrs. Rowe replied that she felt rather confused at the time. The learned Judge, in summing up, told the jury that the whole case rested on the evidence of Jane Rowe; there was no other testimony to support her. Verdict, Not Guilty. - HENRY WILCE, 35, labourer, pleaded guilty of stealing hay, straw, and turnips from his master, SAMUEL COWLING, of St. Kew, on the night of the 1st of March. Sentence, Three Months' hard labour. - HENRY STEPHENS and HENRY NORTHEY were charged with stealing a piece of rope from Mr. Stephen MICHELL, mine broker, of Truro, on or about the 20th of November. Mr. ARCHER for the prosecution; Mr. HOLDSWORTH for the prisoner Northey, Stephens being undefended. It appeared that the prosecutor had worked a mine called Wheal Michell, but the mine had ceased working, and the rope, which was part of the materials, was left at Mr. CARNE's blacksmith's shop at Higher Town, near Truro. Some time afterwards, when inquiry was made for the rope, it was found that the two prisoners had called at the shop and taken it away. It was given up to them because it was thought they had Mr. Michell's authority to come for it. The rope was found by policeman PRATER at Stephens's house in Truro. It appeared that Northey went with Stephens to Higher Town for the rope, because Stephens told him he had a right to it. The Judge, therefore, decided that there was no case against Northey. Stephens's statement was that the prosecutor owed him for two days' work, and he thought he had a right to take the rope on that account; but the prosecutor denied that he said anything to him about this debt until January, whereas the rope was taken away in the previous November. Mr. STOKES and High Bailiff DREW, of the County Court, were called as witnesses to Stephens's good character. The jury returned both prisoners Not Guilty. The Judge, addressing Stephens, said, if you suppose you have a right on account of any debt, to get hold of property belonging to another, you will find it is wholly illegal, and that you run a very great risk in doing so. - RUTH THOMAS, 15, was charged with stealing three gold rings from Peter LATORA, at Redruth, on the 12th of January. Mr. ARCHER for the prosecution; Mr. COLE for the prisoner. Prosecutor keeps a 'general shop' at Redruth; he left the shop about seven in the evening of the 12th of January, and on his return found that the three rings had been stolen. Prisoner was seen by Elizabeth HOCKIN, who entered the shop, leaning over the counter, and putting her hand into a glass case containing a number of rings; she thought at the time that prisoner belonged to the shop. Mrs. FRANCES also said she saw prisoner with her hand in the glass case. The rings were afterwards found on the ground, near where the prisoner was standing. The prisoner received a good character from UREN, a constable. The jury were a long time considering the case, but at length found the prisoner Guilty, strongly recommending her to mercy on account of her character. The Judge sentenced her to four months' hard labour. - ROBERT HODGE, 36, blacksmith, pleaded Guilty of stealing twelve steel shovels, the property of William VIVIAN, of Gwinear. Nine months' hard labour. - HENRY THOMAS ELLIS, 17, labourer, pleaded Guilty of stealing a pair of boots, the property of Thomas ROBERTS, and a pair of stockings, the property of Samuel MAY, at St. Just in Penwith, on the 11th of January last. Two months' hard labour. - JOHN TIPPETT, 14, miner, pleaded Guilty of stealing 2 lbs. of candles, the property of John WATERS and Stephen TUCKER, at St. Blazey, on the 3rd of January. He also pleaded Guilty of stealing 1 ½ lbs of candles, the property of Thomas WILLIAMS and John TRETHEWY, at St. Blazey, the 3rd January. Four Months' hard labour. - JOHN PARKER, 25, tallow chandler, pleaded Guilty of breaking and entering the dwelling-house of JOHN TYACK, at Kea, and stealing a silver watch, shawls, trousers, and other articles. He also pleaded Guilty of breaking and entering the house of JOHN EADE, at Breage, on the 28th of February, and stealing a cape, coats, trousers, waistcoats, and other things. The prisoner also pleaded Guilty to a third indictment, for breaking and entering the house of ANN PAINTER, of Gwennap, on the 3rd of March, and stealing shawls and dresses. Four Years' Penal Servitude. - MARY SIMS, 44, was charged with fraudulently obtaining from JAMES OLIVER, at Camborne, on the 19th of January, a pair of boots, by pretending that she was sent by her sister, Mrs. Ann KNUCKEY. Guilty. Three months' hard labour. - WILLIAM FERRERS, alias BAILEY, 43, was charged with stealing two coats, a glove, bag, and whetstone, the property of George HOBBS, at St. Stephens by Saltash, on the 18th of January. Colonel CORYTON, in whose service the prisoner had worked for eight years, gave him a good character. Verdict, Not Guilty. - STABBING - CHARLES JENKIN, 23, a miner, was indicted for feloniously stabbing and wounding WILLIAM ELLIS, with intent to do him grievous bodily harm. Mr. BEVAN for the prosecution; Mr. COLE for the defence. There was a good deal of evidence given in this case, but the substance of it was as follows. On the night of the 10th of March, the prisoner, with two men called WALLIS and BERRYMAN, were drinking at a public house at Newbridge, in the parish of Sancreed. Another man called Samuel HOLLOW, was also of the company present at a later part of the evening. There were several people in the room, and dice were played with for pints of beer. The prisoner and Wallis played, and Wallis won, but when the beer was brought he refused to drink it. The prisoner, Jenkin, was drunk, and became excited and angry because Wallis refused to drink the beer. Berryman and Hollow attempted to prevent violence on the part of Jenkin, who drew out his knife, and seized Wallis by the collar, threatening to stab him if he did not drink as he wished him to do. They got prisoner away, upon which he dashed his knife into the table, and cut his own thumb. A number of persons had collected outside, but Wallis, the object of prisoner's anger, was got away from him, and the door was shut. Prisoner said the very first man that interfered with him, he would run the knife into him. He was swaying the knife round, and threatened to stab people. He got out of the house, and those who had been about him got out of the way; but just at that time the prosecutor, William ELLIS, who happened to be in a shoemaker's shop opposite the public house, hearing a disturbance, came out to see what was the matter, and came within a short distance of the door of the public-house. Jenkin had then come out with the knife in his hand; it was a moonlight night, and Ellis being the first person he saw, he stabbed him in the thigh with the knife. Mr. SEARLE, surgeon, St. Just, gave evidence that he was called to attend the prosecutor on the night of the 10th of March, and found him suffering from a simple incised wound on the outer part of the right thigh; a wound two inches in length, the same in depth, and made by some sharp instrument. Witness dressed the wound; it was a bad wound, but no vital part was touched; the wound terminated about an inch from the femoral artery. If it had gone an inch deeper, it would have been very dangerous to life; he was still attending the prosecutor. Mr. COLE, on the part of the prisoner, submitted that the wound was caused by accident; that the prisoner did not deliberately stab Ellis, but struck him with the knife in running against him. The charge was that of stabbing with intent to do grievous bodily harm; he (Mr. Cole) submitted that there was no such intention on the part of the prisoner, who was in that drunken state that he was incapable of forming a deliberate intention to wound or injure anybody. Rushing out of the house on a moonlight night, he did not in fact see who Ellis was; and he said afterwards, when charged with the stabbing, "I never saw you for the night." In summing up, the learned Judge said, if the jury were satisfied the stabbing was the result of accident, there was no charge to be made against the prisoner. But when it was said the prisoner was so drunk he could have had no intention in his mind, he (the learned Judge) must tell them that drunkenness was no excuse for violence or crime of any kind. Perhaps, however, the prisoner did not know Ellis when he stabbed him, and it might be a charitable view of the case to consider that he had no deliberate intention of doing that man in particular any great bodily harm. The law allowed the jury, when not satisfied that there was the felonious intent named in the indictment, to find a verdict for unlawfully wounding. The jury then found the prisoner guilty of unlawfully wounding. The learned Judge told the prisoner that the jury had taken a very merciful view of the case against him, in acquitting him of the greater offence of wounding with intent to do grievous bodily harm. He then pointed out the evil of drinking habits in leading men into crime, and concluded by sentencing the prisoner to Nine Months' hard labour. - HIGHWAY ROBBERY - RICHARD HOLDEN, 23, was indicted for feloniously assaulting, and putting in bodily fear and danger of his life, JOSEPH VIVIAN, of St. Germans, on the 15th instant, and stealing from his person 16s.6d. Mr. KINGDON appeared for the prosecution. Joseph VIVIAN, a navvy, stated that on the night of the 15th of March, he was drinking at a public house at Polbathick, and the prisoner and others were also there drinking. Between eleven and twelve o'clock, the landlord desired them all to leave the house, and they did so. As prosecutor was going along the road towards his home he was knocked down with great violence, and took from him 16s.6d. He begged him, for God's sake, not to take all his money, but the man said he would have every farthing. Prosecutor afterwards gave some description of the man to HAWKES, a constable, who apprehended Vivian, and prosecutor said he was the man, he had worked with him some time before. Prisoner said he was at home in his bed that night, but on making inquiry at his lodgings, it was found he was not home at the time the robbery was committed. The prosecutor admitted that he had drunk a good deal on the night in question. In reply to one of the jury, he said he must have spent about four shillings in liquor. The jury could not agree, and were locked up, but subsequently returned a verdict of Acquittal. The Court then rose. NISI PRIUS COURT BRISTOL v. JENNINGS - An undefended action, no particulars of which were given in court, and a verdict for plaintiff was directed. HAMBLY v. GUY, the younger. Mr. COLERIDGE for plaintiff; Mr. COLE for defendant. [cut somewhat, but actual words used] The action was brought by Mr. Edmund HAMBLY, solicitor, of Wadebridge, against Warwick GUY the younger, a farmer of Endellion, for recovery of GBP 50 on a promissory note. The nature of the case entitled the defendant to open. Mr. Cole proceeded to state the case to the jury. The bill of exchange was dated as far back as May 6, 1850, for GBP 50; and the defence was that defendant had satisfied the plaintiff for the full amount of the bill. It appeared that the defendant's father had possession of two estates called Trewethick and Burrow Park, which, in May, 1842, were mortgaged in GBP 5,000, partly to plaintiff and partly to a client of plaintiff; and at Christmas, 1847, plaintiff got into possession of these estates and received the rents. In March, 1850, the defendant's father got into difficulties and was put into prison; he was endeavouring to get out under the Insolvent Act, but it was communicated to him that the plaintiff, who it appeared had some claim against him, threatened to oppose his discharge unless the defendant would give him a bill of exchange; some interviews on this subject took place between the defendant and Mr. Hambly, and eventually, after some refusals, the defendant consented to give him the Bill of Exchange for GBP 50. In July, 1851, the defendant occupying under the plaintiff some eighteen acres of the land that had been his father's, the plaintiff put in a distress for rent in arrear; and negotiations took place between the defendant and plaintiff for the settlement of this claim. Defendant's father went to plaintiff, and it was arranged that all matters should be settled between them on the following terms: viz. Mr. Hambly was to be paid GBP 25 and to receive the value of the then growing crops; and the defendant's impression was that this arrangement included the settlement of the GBP 50 note of hand; and, on the part of the plaintiff it was alleged to be confirmatory of this view, that no claim for interest was made on the note till May, 1855; and then only on the defendant, as one of the executors of a deceased lady called BILLING, making a claim on plaintiff for GBP 140; Mr. Hambly having all along retained the note in his possession, and eventually putting it in as a set-off agains! t the claim made on him by the executors of Mrs. Billing. The witnesses examined, in support of this defence, were the defendant himself, [and] his father, Warwick Guy the elder. Mr. Coleridge then opened the case for the plaintiff. The property in question having been mortgaged to plaintiff for GBP 5,000, there became due a considerable arrear of interest in 1849; and an agreement was come to between Hambley and the elder Guy - the defendant being present - that the old man should pay GBP 50 on account of arrears of interest then due, and that father and son should occupy and cultivate the eighteen acres of the mortgaged property, paying from that time forward a rental of GBP 50 yearly. In 1850, the elder Guy being in prison at the suit of some other creditor, the plaintiff gave notice of opposition to his discharge, but consented to withdraw his opposition on the defendant's giving him the note of hand for GBP 50. The elder Guy then came out of prison; and from that time, the father and son had occupied the eighteen acres as joint tenants of the plaintiff. In August, 1851, only GBP 13 having been paid for rent of the premises from 1849, Mr. Hambly put in distress for GBP 87.10s. On this, the elder Guy went to Mr. Hambly, and an arrangement was come to for removal of the distress,- the arrangement being that possession should be given up to Mr. Hambly, the defendant and his father retaining the stock and furniture, and realizing the growing crops for the benefit of plaintiff, besides paying to plaintiff a sum of GBP 20 in two instalments[sic]. All that Mr. Hambly had received out of the GBP87.10s. arrear of rent, was GBP 42 - made up of the money payment of GBP 290, and GBP 22 the value of crops sold. But, in this arrangement, there was NOT included any settlement of the GBP 50 note of hand. The arrangement had reference SOLELY to the arrear of rent due on the eighteen acres, and had NO reference whatever to the note of hand. Mr. Hambly, the plaintiff, and a witness called JOHN CLEMOES, the occupier of the eighteen acres after the defendant and his father went out in 1851, were examined. In summing up, the learned Judge directed the jury that the sole question for their consideration was, whether the arrangement made by the elder Guy in August 1851 did, or did not, include a settlement of the note of hand previously made by the younger Guy - the defendant. The only witness on this point, for the defendant, was the elder Guy; and it was for the jury to consider whether the evidence of that witness had or had not sustained the defendant's plea in this respect. The jury consulted upwards of half an hour in Court, then were locked up nearly an hour more; after which they returned into Court with a verdict for plaintiff for GBP 50. Mr. Coleridge said the plaintiff did not ask for interest, but wished for immediate execution. The learned Judge assented. BURNARD v. NORTHAM and BENNETT. Mr. Collier Q.C. and Mr. KARSLAKE for plaintiff; Serjeant KINGLAKE and Mr. MAYNARD for defendants. This case had been entered for a special jury, but after arguments on an application by Mr. Collier, it was heard before a common jury, after numerous challenges on both sides. [The plaintiff was a farmer living at Stokeclimsland, and the defendants were two mine agents who took a mine-sett in a common part of a manor called Trevage, under the rights of Mr. RODD. Northam and Bennett had brought suit against a man called BOWDEN, who occupied a farm called Tregune, under Mr. ARCHER, and were awarded the sum of five shillings. Mr. Bowden had removed some cartloads of rubbish, which afterwards proved to contain five shillings' worth of tin. Mr. Archer declined to go into the question of right, leaving Bowden to defend himself as best he could. It was found he owed the mine agents five shillings, the value of the tin. The costs were subsequently taxed, and amounted to GBP 246.15s.6d. In January last, the mine agents levied on the goods of Bowden for the sum of GBP 246.15s.6d, and took three horses, a cart, and harnesses. The plaintiff maintained that they had no right to do so, as none of that property belonged to Bowden; he [the plaintiff] was the rightful owner. Bowden was one and one half years in arrears in his rent, and Mr. Archer had put in a distress on Bowden's goods, and sold them on the 9th of August. The proceeds realized nearly GBP 40. Among the goods sold to Mr. Burnard were the cart, horses, and harness now in question. Mr. Collier pointed out it was probable that Mr. Archer, who was a very kind and indulgent landlord, would not have put in that distress on his tenant, but that he felt that if he did not do so, the mining people would take everything Bowden owned. Burnard was the father-in-law of Bowden, who at that time and now was in circumstances of very great affliction; he had four children and a wife who though only about 26 years old was totally paralysed in all her limbs. Bowden had got his living by letting out his horses for hire, drawing stones for the roads in the neighbourhood, and letting them out for mine work. Burnard, therefore, felt that if the horses, cart, and harness were taken away, Bowden would be entirely ruined. Burnard, therefore, bought them for the purpose of allowing Bowden to retain them for some time in order that he might, if possible, extricate himself from his difficulties. The following witnesses were called for the plaintiff: Mr. Henry BURT, auctioneer, of Launceston: Mr. Thomas BURNARD the plaintiff. Serjeant Kinglake then opened the defence, which was that the proceedings of the alleged distress and sale were colourable and fraudulent. He spoke of the action out of which these proceedings originated as being, in reality, between Mr. Archer and Mr. Rodd, for the purpose of trying a question of right in the manor of Trevage, and avowed he was representing Mr. Rodd through the nominal defendants. The oral testimony on the part of the defendants was given by Richard Barrett HICKS, a grocer living at Altarnun Church town; William MEDLAND, the officer employed to execute the writ of distress on Bowden; William CHAPPLE, surveyor of the Bodmin turnpike-roads; Christopher DAVEY, a labourer on those roads; and Mr. Charles GURNEY, the defendant's attorney. The case occupied the Court some six or seven hours; and on its conclusion at nearly eight o'clock, the jury, after a few minutes' consultation, returned a verdict for plaintiff. MORE TO COME......

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