WEST BRITON AND CORNWALL ADVERTISER 23 OCTOBER 1857 . CORNWALL MICHAELMAS SESSIONS - part 2 . WEDNESDAY OCTOBER 21 - before J.K. Lethbridge, Esq. . At the opening of the court this morning, Mr. BEVAN, Judge of the County Court for Cornwall, stated that Mr. Everest, the Governor of the County Prison, had represented to him that a debtor, SALLY CARDWELL, who had been committed to Bodmin gaol in July last, complained to the assistant matron of the gaol that, after being taken from Redruth to Truro, and placed in the charge of Mr. PEARCE, the contractor for conveying criminal prisoners, she was put in the Truro prison with a criminal prisoner who had itch and vermin, and with whom she was conveyed the next day to Bodmin gaol. Mr. Bevan said at[sic] appeared that the contractors for conveyance of those prisoners instead of themselves taking them to the gaol, chose to hand them over to a man who had hitherto been under contract for conveyance of criminal prisoners; their reason was that they were not sufficiently paid for doing otherwise, and they made an excuse, that they had been accustomed to pursue the same plan under the late judge, and had had no complaint made. . Mr. Bevan desired to express to the chairman his great obligations to Mr. Everest for reporting the circumstances of which he had spoken. He should at all times feel personally obliged to any county authority who would do him the favour to report any improprieties they might observe in the officers of his court; and he had very great pleasure in now acknowledging to the chairman the cordial co-operation and assistance he had hitherto received from all the county authorities. He hoped there would be no cause for any future complaint such as that he had now referred to. Mr. Everest said he had felt it his duty to report the matter. . Mr. BEVAN - It was not only your duty; but I feel very much obliged to you. . - MADDERN TREMBATH, a young man, was indicted for unlawfully and maliciously cutting and wounding Richard CASLEY; and in a second count he was charged with assaulting and beating Richard Casley. Mr. CORNISH conducted the prosecution; Mr. SHILSON the defence. . RICHARD CASLEY, the prosecutor, stated that he was a miner of St. Just. On the 21st of August he was at Levant mine with JAMES TREBILCOCK, MADDERN TREMBATH, and other persons. I and Trembath had come there by request of the agents. When I came out of the account-house door, I met Trembath there; and James Trebilcock and other parties were there. Young Trembath began "a blast of God d--n ye;" and Trebilcock told him if he was swearing at him, he would throw him over the hedge. Trembath said to Trebilcock, "wilt thee go over into the field with me?" Trebilcock made no reply; and Tembath's father said to Trebilcock, "If thee'st go out into the field, I'll put down a sovereign that my son will beat thee." . I told Trebilcock to go into the field, for a sovereign; and then the prisoner said to me “"f thee'st go out into the field, thee shalt never come out again alive, for I will rip thee up." After that we separated. . In the evening I went to the house of Trebilcock's mother, and there met Trebilcock, and about eight o'clock we went down through Warren's field and into a lane, where we met the prisoner who was alone; he again began to blast and swear as before, and said he would give me two inches of steel; he came towards me with an open knife in his hand raised up - a small-blade knife; I catched his left arm and threw him against the hedge; he raised his right hand over my head, and made a cut at me with the knife, and it came on the back part of my head; it cut the skin and flesh, and blood ran down my back. . Then the prisoner's father came forth and catched me by both collars and asked me what I was about; I let go the young man and turned round against the father; and the prisoner then struck the knife into my side. My wounds were afterwards dressed by Mr. Berryman of Penzance. (Witness produced a blue-striped shirt, worn at the time of the assault; it had marks of blood about the neck and side, and at the side there was also the mark of a small cut.) . CROSS-EXAMINED: I and the prisoner work at the same mine; there was no ill-feeling on my part towards him; the shoemaker at the mine had charged prisoner's father with stealing some leather, and on the 21st of August the matter was investigated at the account-house, and the charge was dismissed. . I did not say, when I came out of the account-house, that it should not end there, but that I would serve them out before the night was over; I said afterwards, at LEGGO's public-house, to the prisoner, that it should not be over yet, but I would tell Mr. BORROW, the purser. . When I left the public-house, I went home; I live in the same village with the prisoner. I see a wound on the prisoner's forehead; I did not make that wound; I should think his father did it; his father had him down, knocking his head against the ground. WILLIAM ANGWIN was the constable who came; I had the two stabs before he came; I did not tell the constable that I had been stabbed, but I had said so before to the people there. I believe it was the prisoner's father who sent for the constable, and gave his son into the care of the constable. There was another constable in the case - RICHARD WHITE, whom I sent for about half-past eight o'clock. . JAMES TREBILCOCK, a miner working at Botallack, was at the meeting in the account-house at Levant, on the 21st of August, and gave evidence generally confirmatory of the preceding as to the circumstances of the assault in the evening. Did not see prisoner strike a knife, or whatever it was, into Casley's side. Heard Casley say he was stabbed; that was before the constable came. . CROSS-EXAMINED: I saw the prisoner's father take the prisoner up and throw him violently on the ground and beat him most terribly. I heard the prisoner charge Casley with striking his head with a stone, and also with cutting his thumb with a knife. . RICHARD DENNIS, a lad, saw prisoner with a knife in his hand; and told him to put it in his pocket; he said "no, that was his guard." I told him a second time to put the knife in his pocket, for fear he should do mischief; he said he did not mean any other; he shut the knife and put it in his pocket, but took it out again and went on his road, and I saw no more of him. . ARTHUR BERRYMAN, surgeon of Penzance - The prosecutor came to me between six and seven o'clock in the morning of the 22nd of August; he said he had been stabbed. I found a wound on his left hip, and another on his head; the wounds were trifling, and were not in dangerous places, but I have no doubt had been made with some sharp-pointed instrument. There was a wound on the forehead that looked like a bruise. . CROSS-EXAMINED: The wound on the side was about a quarter of an inch in width, and the same in depth. The wound in the head was still less. On the same day I attended the prisoner; I found a large jagged wound in the head; the skull laid completely bare; it was an awkward wound, and might have been attended with serious consequences; it was such a would as was likely to have been made with a ragged stone. . MR. SHILSON opened the case for the defence, and called WILLIAM DIMOND, who heard Casley say outside the account-house, "it shall not be over yet; I will serve them out before the night is over." Heard the conversation about going into the field to fight, but did not hear prisoner say to Casley that if he (Casley) went into the field he should not come out alive, for that he (prisoner) would rip him up. If that had been said at the time stated I must have heard it, for I was close to the prisoner. . Between seven and eight o'clock in the evening I saw Casley and Trebilcock outside the Trembaths' front door leaning against the hedge in Warren's field; Casley was waving his hand and appeared to be in a state of great excitement; I saw them there in that position about five or ten minutes, and then they went down the field towards the place where the assault occurred. . I and Trembath the father went out at the back door, and when we got down the lane we saw Casley and Trebilcock leaning against a stile at the bottom of Warren's field. We made a little bit of a stand and saw a youngster come along, who appeared to be the prisoner; then I heard a noise of different voices, which I believe was the prisoner's, saying "I won't." The father said "That's my boy;" he ran on and I followed him and when we came to the spot the prisoner and Casley were on the ground scuffling, and Casley was cutting away and striking Trembath on the ground. Trembath was crying out that Casley was cutting his head abroad with a stone; and blood was flowing down his face so that we could hardly distinguish his features. . I never saw any knife in prisoner's hand, and never heard that he had one. Casley said nothing to me about a knife, or his having been stabbed, or anything of the sort; but he asked me if I would fight him, and I said "no;" he then said "then stand off, or I will serve you the same and will beat the lot of ye." I never saw any wound on Casley, and did not at any time hear of any. I did not see prisoner's father take up the prisoner and beat his head against the ground. . Evidence for the defence was also given by WILLIAM ANGWIN, constable at St. Just, MARGARET GUY, and MADDERN TREMBATH, the prisoner's father. . In summing up, the Chairman directed the Jury that the question was not as to which commenced the assault, or was most in fault with respect to it; but whether the prisoner had, in the course of the conflict, used a knife - whether he was guilty of stabbing deliberately and maliciously. The jury found a verdict of Not Guilty. . - EMILY CHADWICK, 17, was charged with stealing certain quantities of tin ore, the property of Wm. PAGE CARDOZO and others, adventurers in Pednandrea mine, at Redruth, on the 3rd of September last, and on several previous occasions. In a second court there was a charge of felonious receiving. Mr. CORNISH conducted the prosecution; Mr. SHILSON the defence. . ELIZABETH ANN HICKS, single woman residing at Redruth. - I work at Pednandrea mine, and the prisoner works there also. She was working there about March last. One day when we left work, about twelve o'clock, the prisoner said to me, "I want you a minute." She told me she was going to take a little tin, to sell. I told her that I would not do it for all the world, and that if she was going to take tin, I would not see her. I then left her and went to the head of my buddle; as I was wiping my face, I turned round and saw Emily Chadwick putting the last board on the kieve; I saw a bag on the floor besides the kieve and tin in the bag; it was tin cleaned and fit for the smelting-house. . I said, "Emily, if I was you I would not carry it away." She said "hold your tongue, Elizabeth Ann, and if you won't tell I'll give you a shilling or eighteenpence." Then she took up the bag of tin under her arm and carried it away out of the mine. That tin was the property of the adventurers. . CROSS-EXAMINED: It was a public open place, and twelve o'clock at noon. She carried it away under her shawl. I did not tell any of the adventurers or agents what I had seen; I said nothing about it till I was asked about it last month by Capt. CARPENTER, the head agent. . HARRIET ANN GRAY: I have worked at Pednandrea since February last; prisoner was at work there before I came there; we both worked in the tin yard. About a month or six weeks after I came there I went into the tin yard to look for my apron on the wall at the head of the buddle; I found there a shawl belonging to Emily Chadwick, and a bag underneath it, which I saw contained tin. . I went to Emily Chadwick and asked her if that was her tin. She said, "yes, but what you know keep to yourself." At dinner time I saw her take that bag from the wall, throw her shawl loosely over it on her arm, and carry it out of the mine. I recollect leaving the mine in the evening of the 2nd of September, leaving Emily Chadwick and some other girls there to work at night to get ready for sampling. I came to the mine next morning, about seven o'clock and put my apron on the top of the chest; between nine and ten o'clock I went to search for it, and then found a covered basket of tin at the head of Emily Chadwick's buddle; I lifted the cover and saw tin on it; I asked her if she was not afraid to carry it away through the streets; she said "what you know keep to yourself." I saw her take the basket from that place and carry it out of the yard. . CROSS-EXAMINED; It was about twelve o'clock in the day on the 3rd of September, when I saw her take that basket out of the mine. I could not be certain there was tin in the basket at that time. A little way out of the mine I saw her talking to her father. About three-quarters of an hour after that, I again saw her with her father, who had then taken the basket from her. I did not mention this matter to the agents; was afraid; the first person I named it to was my father. . RICHARD WILLIAMS PEARCE, agent at Pednandrea, proved that the tinyard and tin there belonged to the adventurers, of whom there were several. Mr. W. PAGE CARDOZO being one. . CROSS-EXAMINED: I know the prisoner and her family; her grandfather was a person of station. . ANN PENROSE, examined only for the defence: I know Harriet Ann Gray; I think that she and I left the mine together for dinner on the 3rd of September; I don't know that I saw Emily Chadwick go away from the mine that day. . Mr. SHILSON addressed the jury for the defence; and, after a summing up by the Chairman, the jury found a verdict of Not Guilty. . - GILDEROY BROWN, sen., 39, tinker; GILDEROY BROWN, jun., 15, tinker; JOHN SMITH, 28, engraver; and MARY SULLIVAN, 29, were indicted for assaulting ROBERT CLEAVE, jun., ANN CLEAVE and ELIZABETH ANN CLEAVE of St. Kew, on the 18th September. This was a case of assault by vagrants. . Robert Cleave heard the cry of a child in the mill near his mother's house. He went out, saw the prisoner Sullivan, and asked her what she was doing to the child. She said, "the little devil won't tell me the way to Wadebridge." She used abusive language, and young Brown, one of the prisoners, then came and held Cleave, and took a brass ball from his pocket, and swore he would cut his brains out. Sullivan held up her hand to the other prisoners on the hill, and laid hold of Cleave by the hair. His mother came and said, "Run Robert, there are more coming." . He got free, and then the two men came up, one with an open knife and the other with a parcel. He ran towards home, ran past the house and went to his brother's for assistance. In the mean time, Sullivan knocked down his mother, Mrs. Cleave. Her daughter came, when two men pursued her towards the house, one with an open knife in his hand. The daughter ran in and barred the door. The elder Brown kicked the door, and swore he would kill all in the house if the door was not opened. . Dreadful language was used by the prisoners, and Mrs. Cleave was so much alarmed that she was unwell for several days; she had fits, and sent for a surgeon. The prisoners were captured by WILLIAM COCK and others. WILLIAM BRAY, constable of Bodmin, apprehended Sullivan, and found the knife in her possession which Smith had when the outrage took place. The jury found the four prisoners Guilty. The court then rose. . (The trials were concluded this day; the sentences of the prisoners shall be given next week.) ............................................................................................................................................................................... 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