WEST BRITON AND CORNWALL ADVERTISER - transcribed by J. Mosman 23 OCTOBER 1857 . CORNWALL MICHAELMAS SESSION - PART ONE . These Sessions commenced on Tuesday the 20th instant, at the County Hall, Bodmin, before the usual magistrates. J. King LETHERBRIDGE, Esq., Chairman. . The Chairman said he had received a note from MR. ENYS tendering his resignation of office, as member of the Gaol and Finance Committees. . TRIALS OF PRISONERS . - JOHN TRESERGE JAMES, 19, labourer, was charged with stealing 16 lbs. of lead fixed to a dwelling-house, the property of Sir J. S. GRAVES SAWLE, Bart., at St. Ewe, on or about the 1st of August. The felony, committed at Nansladron, an unoccupied house belonging to Sir Joseph, was clearly proved by the evidence of JOHN ALLEN and ROSAMOND WARNE, marine store dealers of St. Austell, Mr. CHRISTOPHER MERIFIELD, an agent of Sir Joseph SAWLE's, and HENRY BURNARD, police constable; and by the prisoner's statement. He was found Guilty, and a previous conviction was proved against him; he had been summarily convicted at the Truro Petty Sessions on the 26th of June last, of stealing thirteen eggs, the property of RICHARD PILL, of St. Clements, and was sentenced to one month hard labour. . - JOHN TRESERGE JAMES, and JAMES HARRIS, aged 12, were then charged with stealing 2 lbs of copper, also the property of Sir Joseph SAWLE, and from his house at Nansladron. On this charge James was acquitted, and Harris was found Guilty. . - WILLIAM COLWELL, 36, was charged with stealing eleven sheaves of wheat, the property of his master JOHN COWLING, at Jacobstow, on the 15th of August last. Mr. STOKES conducted the prosecution; Mr. SHILSON the defence. The prosecutor was a farmer living at Trekennard, in the parish of Poundstock, and occupying another farm, at which the prisoner was hind, at Dinnecombe, in the parish of Jacobstow. The trial resulted in an Acquittal. . - WILLIAM TONKIN,31, miner, was charged with stealing two tables, four chairs, one bed, and other articles, the property of EMANUEL CROCKER, at Calstock, on the 12th of July. As the case proceeded, it came out that the articles were the property of a person called WILLIAMS, now in Australia, who in leaving, gave Crocker authority to receive rents from him, but for no other purpose. The property being therefore wrongly laid in Croker, the Chairman directed an Acquittal. [Croker/Crocker spelled in 2 different ways.] . - GEORGE PERRYMAN, 27, labourer, committed from Redruth for want of sureties in a breach of the peace towards his father, was admonished and discharged. No one appeared against him; and according to the prisoner's statement, his only offence was that he stoop [stood?] up in behalf of his mother during a hasty and not very violent fracas between his father and mother. . The following bills were ignored: JOHN DYER, stealing a hammer, the property of JAMES FELL at Bodmin; and THOMAS GRANT, obtaining, by false pretences, money from WILLIAM WERRING, and some articles of food from HENRY BULLEN. . SECOND COURT, WEDNESDAY, OCTOBER 18, Before C.B. GRAVES SAWLE, Esq. . -JOHN STONEMAN, 14, was indicted for stealing a mare, the property of WILLIAM SOLOMON, of Kenwyn, on the 29th of July last. Verdict, Guilty. The foreman of the jury remarked that they considered BENNET TRELOAR, who bought the mare of the lad, was very reprehensible; and the Chairman called Treloar into the box, and said he considered the conduct of persons like himself, who bought things of boys or other persons, under suspicious circumstances, and without proper inquiry, was the occasion of many robberies taking place; and he deserved to have his expenses as a witness disallowed. . - CHARLOTTE HOCKING, of St. Erth, was charged with stealing on the 1st instant, in that parish, a cotton chemise, the property of GRACE THOMAS. Guilty. . - RICHARD JEWELL, 18, pleaded GUILTY to a charge of stealing a piece of brass, value 4s., the property of MICHAEL DUNSTAN, of Kea, on the 13th instant. . - WILLIAM LETCHER, 23, was charged with stealing a brass candlestick, the property of JANE ENDEAN, at Kenwyn, on the 9th of August last. Verdict, Guilty. . - ELIZABETH PHILLIPS, 28, of Saint Agnes, was charged with assaulting ELIZABETH VARCOE, and occasioning grievous bodily harm, on the 9th of August last, and in a second count with a common assault. Prisoner was undefended; Mr. STOKES conducted the prosecution. . >From the evidence it appeared that the prisoner and Varcoe had some altercation about stealing potatoes and some water at the back of the prisoner's house, when the prisoner threw water over Varcoe. A close fight then ensued, when prisoner beat the old woman with a pitcher, and inflicted several wounds. . MR. WHITWORTH deposed to having seen VERCOE on the forenoon in question, and found her head bleeding profusely from a punctured would over the right ear, a considerable swelling around the wound, a swelling behind the left ear, a small cut on the nose, and bruises on the left eye. These wounds were such as would be occasioned by a broken pitcher, such as was said to have been used. He attended Varcoe for a month in consequence of these injuries, nine days of which time she was confined to her bed. . >From prisoner's statement it appeared that the parties had been long in the habit of quarrelling and provoking each other by language of the most abusive and foul character. Verdict, Guilty of a common assault, but recommended to the clemency of the court, on account of the provocation received by the prisoner. . - HENRY ALLEN, of Gorran, pleaded Guilty to a charge of stealing on the 13th instant, certain money and one flasket, twenty pieces of earthenware, and one steelyard, the property of JOSEPH BURTON, the younger, his employer. . - EDWARD ARMSTRONG, 30, was indicted for breaking into the dwelling-house of W. THOMAS, at St. Germans, on the 12th of September, and stealing a cloth jacket, waistcoat and trousers, pair of stockings, boots, two handkerchiefs, a shilling and a half crown. Prosecutor and his wife stated that they saw the clothes on leaving their house in the morning, and missed them on their return in the evening. . THOMAS STANTON, who lives a quarter of a mile from Thomas's house, stated that he saw the prisoner on the 12th of September, go in that direction, and particularly noticed him from his suspicious appearance. W. CLIFFORD, superintendent of police, apprehended the prisoner in Stonehouse-lane, on the morning of the 13th of September, and found the clothes now produced on his person. The prosecutor and his wife identified the clothes as their property. Verdict, Guilty. A former conviction was proved in 1856, when the prisoner was sentenced to eight months' hard labour for stealing various articles of clothing. . - ANN CHYNOWETH, 25, was charged with stealing a silver ring, the property of W. STONEMAN, at Camborne, on the 12th or 13th instant. Verdict, Not Guilty. . - SUSAN TOY, 22, was indicted for stealing a silk handkerchief, a satin neckerchief, and three knives and forks, the property of THOMAS KNUCKEY, at Camborne, on the 3rd of August. The prosecutor is a pawnbroker at Camborne, and the prisoner washed for his family in his house. JOHN WELSH, a collector of rags and bones, stated that he bought a yellow silk handkerchief on the 30th July from the prisoner, and a satin neckerchief and three knives and forks on the 5th of August. He sold the knives and forks to Mrs. MOSES, and retained the other articles in his possession until they were handed over to the superintendent of police. JANE PHILLIPS, housekeeper to Mrs. Moses, stated that her mistress purchased the knives and forks of Welsh. Prosecutor identified the articles produced as his property. The jury, however, were not satisfied that the prisoner stole them, and returned a verdict of Not Guilty. . - MARY ANN GEORGE, 18, was indicted for stealing a sovereign and a half-sovereign from the person of WILLIAM RICHARDS, at Camborne, on the 16th instant. Richards deposed that he works at Bassett mine, and that their pay day was on the 16th October. He received three sovereigns and two half-sovereigns as his pay, after which he walked from Pool to Tuckingmill. He overtook the prisoner and JANE MITCHELL, and went with them to Hunter's Hotel, in Tuckingmill, and treated them to some drink. They drank two quarts of porter and sugar and some shrub, for which he paid by changing a half-sovereign; his gold was then in his right waistcoat pocket and his change in his right trowsers pocket. . They left Hunter's at eight o'clock together, when his money was right, as he counted it; they then went to Camborne, and on going down Trelowarren-street, the prisoner put her hand into his right waistcoat pocket; when she withdrew it he put in his hand and found one sovereign and a half gone, and charged her with taking it. . He went about one hundred yards and entered WILLIAMS's beer-shop for a pint of beer, when they went away. JANE MITCHELL corroborated some parts of the evidence, but saw no money taken from prosecutor's pocket. It appeared the prisoner was intoxicated. The jury at once returned a verdict of Acquittal. . - EMMA HENDY, 19, charged with stealing money from the person of WILLIAM BONE, of St. Austell, on the 9th of September. It appeared that the prosecutor, a respectable looking young man of nineteen years of age, of the parish of St. Stephens, went to visit the prisoner, a prostitute of St. Austell, at her house, with 24s. in his pocket, consisting of two half-sovereigns and 4s. in silver; and, after giving her money, and having something to drink, he had left in his trowsers pocket two half-sovereigns and a four-penny piece, of which she contrived to rob him. Verdict, GUILTY. . - WILLIAM SMITH, 21, horse-trainer, was charged with breaking and entering the dwelling house of WILLIAM THOMAS at Sancreed, on the 28th August, and stealing certain money, a silk shawl, and a turnover, the property of the said William Thomas. In a second count he was charged with stealing from a dwelling house of the value of GBP 5. Mr. CORNISH conducted the prosecution. . WILMOT THOMAS, wife of the prosecutor, lived at Lower Drift. About five o'clock in the morning of Friday the 28th of August she went to work, leaving the house securely locked up. On her return about five or six o'clock in the evening, she found the outer gate untied, a pane of glass taken out of the parlour window, and heaved up. Going up stairs, she found that a chest of drawers which had been locked, was broken open, and from a box in the drawers there was taken away four sovereigns and eight half-crowns. In another drawer she found a penny loaf - one of two that had been baked together, and which was not in the drawer when she left in the morning. On the following Sunday morning she missed from the drawer in which she found the loaf, two shawls, which she afterwards gave to the policeman, after being shown to the woman of whom it was bought. . Other evidence was given, tracing the property to the possession of the prisoner, and showing that he had been in the vicinity of the house. Verdict, Guilty on the first count. . - EDWARD LEMIR, 30, labourer, was indicted for stealing a mare, a saddle, and a bridle, the property of JOHN BUTTON, at St. Mabyn, on the 17th of August. In this case, the prosecution offered no evidence, and the chairman accordingly directed a verdict of ACQUITTAL, observing that all imputation against the prisoner had been removed. . - JAMES EUSTICE, 12, pleaded Guilty of stealing a horse, value GBP 25, the property of JOHN BALL SMITH, the elder, at Creed, on the 14th of September. . - WILLIAM BEST, 47, labourer, pleaded Guilty, after a former conviction, of stealing a quantity of iron, the property of JOHN LOVERING and another at St. Austell, on the 13th of September. . - HENRY AGER, 21, schoolmaster, was charged with stealing forty-six copy books, five boxes of steel pens, a quantity of penholders, slate pencils, and copy-slips, two jars of ink, one brush, eleven church-catechisms, three prayer-books, twenty-four other books, and a variety of other articles, the property of the Guardians of the Falmouth Union, at Budock. Mr. STOKES conducted the prosecution; the prisoner was undefended, but was himself very active and pertinacious in cross-examining witnesses, and in addressing the court and jury. . JANE HILL, an elderly woman, stated that for three or four years she had been an inmate of the Falmouth Union house, and attended on the prisoner, who was schoolmaster there. In August last, saw him packing a great number of copy-books and other books in his own box, and saw the box afterwards wheeled away by two of the boys named Gibbs and Sincock, towards Falmouth; the prisoner going away with them. . THOMAS CROMPTON GIBBS, 13 years old; I belong to the Falmouth Union House; in August last, the prisoner gave me two boxes, and told me to take them to Mr. COMBE's. I helped with the boy Sincock, to bring these boxes down from the schoolmaster's sitting-room; and the prisoner was there when we took the boxes down stairs and put them out into the men's yard, and he helped us to put them in the barrow, outside the Union-house gates. We drove them to Mr. Combe's. The prisoner went with us some of the way, and at some parts of the road he would go on before us. . After taking the two boxes to Mr. Combe's on a Saturday, we took a trunk there on the following Monday, and on that day I saw the prisoner at Mr. Combe's. The prisoner had taught me to read; some of the books I used under him were the same as I had used before he came here; and I have seen him make marks in some of the Church Catechisms. . EDWARD SINCOCK, seven years old, gave evidence confirmatory of the preceding. . THOMAS SHEARSTON, serjeant of the county police, at Falmouth: On the 18th of August, about ten o'clock at night, I went to the house of THOMAS COOMBE, at Woodland, Falmouth, and took possession of a great quantity of books; there were three boxes altogether, and a bundle. Two of the boxes were nailed, and tied with cord; the other was only tied. I opened the boxes and took out the contents, a portion of which I produce. I took the prisoner into custody the same night, and stated the charge against him; he said it was a foolish thing of him. The next day, after his committal, he said he should not employ any person to defend him - he should not give any defense at all, and should not give any person half an hour's sport over his trouble. He said he was very foolish to have done what he had done for a few trifling articles like that; and he selected some of the books as the portion that belonged to the union; and he threw back several other books, which he said belonged to him. I produce those which he said belonged to the union. (Witness produced these books, and also the brush referred to in the indictment.) . JANE HILL, recalled, very positively identified the brush as one of four shoe-brushes which had been under her notice, and the boy GIBBS identified, by means of marks, various of the books. . WILLIAM JAMES GENN, clerk to the Falmouth Union: I recollect the prisoner becoming school-master of the Union; he was there in August last. On the 18th of August, the prisoner was sent for to be examined before a meeting of the Board of Guardians. I told him that, as he was about to leave his situation, it was desirable that everything should be settled as to stationary; and as a bill had been sent in by Mr. DIXON, stationer, the guardians desired to know if it was correct. I handed him that bill, and he returned it to me, saying that he believed it was correct. I have that bill here. I then asked him if the copy-books and other things charged in that bill were in the school. He said they were. I told him they appeared not to be there, and I asked him if the school-books were all there. He said one book perhaps might be in his box, and he would return it. I then held up Dixon's bill, which I had before put into his hands, and said "is it not true that many of those things are in your box?" He said there might be some copy books, and that he would return them or pay for them . He was told that could not be. . He then used an expression to this effect: Oh dear, gentlemen, do pray forgive me this once; and that he repeated. After that, there was some conversation in the board room, and in the course of it he said he did not know how it happened, except that he had been strongly tempted by Satan, and had yielded. . There was some conversation about the brush; he said he had brought a brush into the Union when he came there, and he had taken the brush that was found in place of it. This was before the constable had taken possession of his box. . The prisoner's statement before the committing Magistrates was: - I feel heartily sorry to think that I have done such a thing; I cannot account for it, unless it might be a strong temptation of Satan; my character has always been good before, but I find it will now be stained; I don't think I can say anything else; from the articles produced, I selected all that belong to the union, and they are now in the hands of THOMAS SHEARSTON, serjeant of police. . This closing the case of the prosecution, the prisoner addressed the jury at some considerable length. Verdict, Guilty of larceny as a servant. The prisoner humbly begged the mercy of the court, and that it would take into consideration the sufferings he had endured, and that his character, from childhood, had been highly esteemed. ................................................. Julia M. West Briton Transcriptions, 1836-1856 at http://freepages.genealogy.rootsweb.com/~wbritonad St. Austell Area History and Genealogy at http://freepages.genealogy.rootsweb.com/~staustell