West Briton and Cornwall Advertiser. Friday 8th August, 1856. THE LATE CHILD MURDER AT TRURO (From the Times.) - A Cornish jury the other day - it was on Thursday of last week - most grossly failed in their duty to the public, and delivered one of the most scandalous verdicts on record. At Bodmin on the day named, ANN MATTHEWS, aged 32, JAMES GEORGE, aged 19, and RICHARD JOSE, aged 35, were indicted for the wilful murder of an infant born of Matthews, at Truro, on the 27th of March last. This woman was a shoemaker by trade, and had resided for many years in respectability at Truro. Her husband died about four years ago, and about a twelvemonth ago, in a fatal hour for herself, she met with Jose, who was a married man. A connextion ensued between Jose and Matthews, and she became pregnant by him. Jose lodged at her house, and in the same house lived the prisoner George and a young woman named ELIZA BURNS, but nineteen years of age, who were also living together in a state of concubinage. Matthews had an allowance from the parish, and she feared that this allowance would be withdrawn if it were known that she had given birth to a natural child. About four o'clock on the morning of Thursday the 27th of March, Matthews was seized with the pains of labour, and she went down into the kitchen, where she delivered herself of a female child. Jose came down also to the kitchen, and he called to the girl Burns to come and assist Matthews in her pain. After some little delays she was admitted into the kitchen, where she found Matthews, Jose, and a new-born babe. George also came down, and in a little while he assisted Matthews to leave the kitchen. As she was going out she called to Jose to stop the child's crying. After these two persons had left the kitchen Jose thrust his finger down the baby's throat, and retained it there for some time, but, as this did not suffice to destroy life, he fetched a pan, into which he poured a quantity of water, and in it he drowned the child. A coroner's inquest was held, and a verdict was returned of "Wilful murder against some person or persons unknown." The name of Matthews soon became involved in the gossip of the neighbourhood, and the end was that she was examined by a surgeon, and it was ascertained that she had recently been delivered. In the end Burns was admitted as Queen's evidence, and upon her testimony they were convicted. The strange part of the story is that the jury found Jose guilty, not of murder, but of manslaughter, George guilty as an accessory after the fact, and Matthews guilty of concealing the birth. Of the verdicts in the last two cases, we see no great reason to complain. It does not appear that when Matthews desired Jose to stop the child's crying she intended that he should commit murder - still less can George be mixed up with the more atrocious crime in any direct manner. It is of the verdict in the case of Jose that we would speak with the greatest indignation. The jury had a perfect right to disbelieve the testimony of the girl Burns, and to acquit the prisoner. On the other hand, upon her testimony they might have brought the man in guilty of murder. The one thing, however, which they could not do without a violation of every principle of justice and common sense was to believe the witness, and yet to deliver against the prisoner a verdict of guilty of any less crime than murder. Not only was the act of Jose murder but it was one of the foulest murders upon record. It was perpetrated under every circumstance of malice and deliberation - it was the murder of an infant child by a strong man. The evidence of the girl was so strongly corroborated by the medical witnesses and by the general appearance of the body that it is beyond any question that she was speaking the truth. The conduct of the jury should be visited, with the strongest reprehension, for not only did they set aside the value of the evidence, but they did so in direct opposition to the directions of the judge. It is but fair to add that Mr. BARON MARTIN did not shrink from his duty. No blame can rest upon him if the ruffian Jose was not visited with the full penalty which the law attaches to his crime. APPOINTMENT - Mr. ROBERT HUNTER, formerly of Truro, has been appointed resident house surgeon, to the Great Northern Infirmary, Islington. AGGRAVATED ASSAULT - A labourer of Penzance, called WILLIAM MITCHELL, was convicted, on Saturday last, before Mr. CARNE and Mr. T. S. BOLITHO, magistrates, of having committed an indecent and aggravated assault on ALICE JOHNS, a tailoress, of Ludgvan, who generally works at Penzance, and returns to Ludgvan in the evenings. The young woman is dumb, and far from sane. The assault was proved by the surgeon, Mr. Congdon, of Marazion, who had attended complainant, that the capital offence had not been committed. The prisoner was committed to the county gaol for four months, under the Aggravated Assaults Act. THE EXECUTION AT BODMIN - We understand that the soldier, WILLIAM NEVAN, who was sentenced to death at the assizes last week, for the murder of Serjeant-Major ROBINSON, on board a convict ship in Plymouth Sound, will undergo the dreadful penalty of the law in front of the county gaol at Bodmin, on Monday next. The condemned man is a Roman Catholic, and has been attended by a priest every day since the sentence of death was passed upon him. We are informed that he spends almost all his time in prayer, and appears to be very penitent for his crime. His wife has been to see him, and the parting between them was truly affecting; he, however, was much more firm than his wife. He requested her to bring up their children in the Roman Catholic faith, and tell them that on no account should they allow evil passions to master them. APOTHECARIES' HALL - On Wednesday, July 30th, Mr. THOMAS CARTHEW GILLET, M.R.C.S.L., passed his examination for the practice of medicine and received his license. On Thursday the 24th ult., Mr. W. KING BULLMORE, of Falmouth, passed his examination in the science and practice of medicine, and received a certificate to practice. On Wednesday July the 16th, Mr. CHARLES BUTLIN and Mr. CHARLES JENKYNS, son of the Rev. CHARLES JENKYNS, both pupils of the Rev. W. W. BUTLIN, incumbent of Penponds, Camborne, successfully passed, the preliminary examination in classics and mathematics, at Apothecaries' Hall. THE NAVY - Commander JOHN J. M'D. SKENE, formerly Inspecting Commander of the Falmouth district, has been promoted to the rank of captain. CHARITABLE BEQUESTS - Mr. CLEMENT JACKSON, of East Looe, after the death of a legatee, has bequeathed GBP700 to the Shipwrecked Fishermen and Mariners' Royal Benevolent Society, and the residue of his property to the York Retreat Lunatic Asylum. Personalty GBP12,000. BOOT-MAKING CONTEST - The friends of JOSEPH COCK, boot-maker, of Truro, having seen a paragraph offering to back WILLIAM HOWARD for GBP2, against any other person in the county (with one exception), for making a boot, we are requested to state that the friends of Joseph Cock are anxious for a trial, and will back him for GBP2, or as much more as the Falmouth party may think fit. Any communication addressed to Joseph Cock, Boscawen Row, Truro, will meet with prompt attention. SCILLY - The schooner "Superior," LEGG, from Falmouth, whilst running for the Scilly Islands, on the 31st ult., in a thick fog, got on the rocks near Crow Sound, where she remained for the tide, and was got off with assistance from the shore, without much apparent damage. FALMOUTH - On Friday last, the Austrian steamer "Mars" sailed for the Danube after coaling. On Friday the schooner yacht "Claymore", arrived the property of the Hon. HERCULES ROWLEY, from Southampton, and about to proceed to the Crimea. On Wednesday, arrived the steamer "Zephyr," Capt. BOND, from Plymouth, but last from the Lizard, with chains, &c., to assist in raising the "Zebra," now on shore at that place. Not being able to effect a landing, the articles were put on board a vessel in the harbour for transmission to the Lizard. THE SHIP "WALMER CASTLE." - The satisfactory passage made by this splendid vessel from Plymouth to Melbourne has been before noticed in various papers. We are requested to insert the following address from the cabin passengers to Capt. DANIELL, of Helston, as a very flattering testimonial:- "Ship "Walmer Castle," March 29, 1856, to C. L. F. DANIELL, Esq.:- Dear Sir, - Now that our voyage is approaching its termination, we, the undersigned cabin passengers of the ship "Walmer Castle," from London to Melbourne, feel that we cannot separate without expressing our united sense of your unremitting care and watchfulness, and of the great kindness and attention which we have all received both from yourself and the officers of your ship. From the day on which you sailed from Plymouth you have used your utmost endeavours to promote our security and comfort, and we cannot but consider your constant amiability and good humour as having been greatly conducive to the harmony that has prevailed amongst us. We sincerely hope that you will always meet with the success which your own skill and energy, and the excellence of your ship so justly deserve," and remain dear sir, very sincerely yours, (signed by the Bishop of Melbourne and twenty-four passengers.) Captain Daniell returned the following reply:- My lord, and ladies and gentlemen, - Your flattering address cannot but be very gratifying to me and my officers. It was always my first object to secure, not only your safety, but your comfort and happiness, and now my efforts are more than rewarded." COMMITTAL TO THE COUNTY GAOL - Two women called THOMAS were committed by the Truro magistrates under similar circumstances, and they and the warrants of commitment having been brought before Mr. Justice CROWDER at the last Spring Assizes, he declared that the warrants were illegal, and order the prisoners to be discharged. The warrant for commitment of the first name woman was, at the assizes last week, placed before Mr. BARON MARTIN, and by him declared to be legal; so that the decision of one Judge is the reverse of that of the other. POMERY v. ELIAS MARTYN - HOCKING v. SAME - At the Assizes last week, these causes were, by order of the court, referred to arbitration; the former to Messrs. TRETHEWY, PEARCE, and ROGERS; the latter to Messrs. TRETHEY, PEARCE, and TREFFRY. Before the close of the Assizes, the arbitrators made their awards. In the first case, the defendant had paid GBP34. 10s. into court in satisfaction of the plaintiff's claim. The arbitrators found that there was due to the plaintiff, in addition to the money paid into court, the sum of GBP51. 10s. In the second cause the defendant had paid GBP23. 10s. into court, in full of the plaintiff's claims. The arbitrators awarded the sum of GBP22. 8s. to be due to the plaintiff beyond that sum. The costs of the cause, and of the reference, are to be paid by the defendant. TRURO POLICE - On Wednesday last, before Mr. NANKIVELL and Captain KEMPE, magistrates, RICHARD PASCOE, NICHOLAS COOK, JOHN HOTTEN, ZACHARIAS LANGDON, and THOMAS JULIAN, youths, from seventeen to nineteen years of age, and apprentices to Messrs. BARRETT, curriers and cordwainers, Church Lane, Truro, were charged with absenting themselves from their masters' employ, without leave or just cause. It appeared that on the previous Tuesday they went to the Falmouth Regatta, without asking leave, and were absent all day from their work, to the great inconvenience of their masters, who had to employ a workman to stay up all night to finish some work one or two of them had left undone. Messrs. B. and C. Barrett stated that it was not the first time they had misconducted themselves, and remained away from their work; and that on the Wednesday morning, instead of coming to work at the proper hour, some of them were three or four hours after time. The apprentices, on being asked what they had to say, acknowledged that they were in fault, and promised not to repeat such conduct, begging that they might not now be punished. In consideration of their promise to behave better in future, and to attend to their work, and make up for the time they had absented themselves Messrs. Barrett consented to withdraw the charge, and the case against them was dismissed, on their paying the expenses incurred by their masters. Before their discharge, they were reprimanded by the magistrate, and told that if they were again complained of they would be committed to the county gaol. A man called THOMAS VERCOE, was fined [5s.?] and expenses, for being drunk in the streets on last Sunday forenoon. IMPOSTOR - At Penzance, on Tuesday, a well-known tramp, called THOMAS GREEN, was charged before the Mayor, with having attempted to obtain money by fraudulent pretences. He had applied at the Great Wheal Ver mine, where he stated that he was a distressed solider returned from the Crimea, and produced a character, purporting to be signed by Col. Sir ROBERT NEWMAN, stating that he had been a driver in the artillery. He received two shillings and was told to call again when the working miners would probably subscribe for him. The man's document was signed, amongst others in Penzance, with the names of S. HIGGS and Son, and Captain MARTYN, of Great Wheal Ver, being somewhat suspicious of the affair, wrote to Mr. Higgs and ascertained that the signature of his name was a forgery. The impostor was apprehended and committed for six months to hard labour. FIRE - On Monday last, about mid-day, the fire bell was rung at St. Austell, and it was discovered that the farm house of Mr. WILLIAM ANDREW, of Coyte, in St. Mewan parish, was in flames. Before the engines could be taken there from St. Austell, the dwelling-house, stables, and other outhouses had become a heap of ruins, but by the timely assistance of the neighbours and other friends, the furniture was saved. Mr. Andrew is insured, but only on a small extent. On Friday last, two cottages, the property of Mr. W. TREZISE of Carnyorth, St Just in Penwith [?], tenanted by THOMAS WALLIS and JOHN HITCHENS were burnt to the ground. In one of the houses, baking was going on, and the inmates having quitted it for a short time, found it in flames on their return. ACCIDENTS - We have given, in another page, an account of the accident at the Truro Royal Regatta, on Friday last, by which the lives of between thirty and forty persons were imperilled. It was thought at the time that some of the children had sunk, as they could not be immediately found amongst those rescued and carried on shore. In consequence of this, Mr. THOMAS FRANCIS HITCHINS, who had rowed to the place of the accident in a small skiff, jumped overboard, in his clothes, and dived three times and ascertained that there were no bodies at the bottom of the river. Great praise is due to those in boats around the spot for so promptly exerting themselves to save the people from drowning. On Friday last, as Mr. ROSCORLA, of Penzance, accompanied by two gentlemen, was returning from Botallack Mine, in a dog-cart, when turning the sharp corner of the St. Just road, just above Castle Horneck, the horse slipped, and fell, and Mr. Roscorla and his friends were thrown out with some violence. Mr. Roscorla who was driving, received a severe shock, but beyond that is only suffering from a contused forehead and face. The other gentlemen were uninjured. On Monday last, WILLIAM OATS, a miner, residing at Callington, met with his death at Hingston Down Consols, whilst assisting at raising copper ore, to go to grass, by the support placed for raising the ore giving way, and the lass failing on him. On being extricated, it was found his back was broken. He has left a wife and three children. CORONERS' INQUESTS - The following inquests have been held before Mr. HICHENS, county coroner:- On the 5th instant, in the parish of Illogan, on the body of ELIZABETH RICHARDS, aged 66 years. The deceased lived with a niece and assisted in the work of the house, and on the morning of the 4th, both being at the washing tub in the back kitchen engaged in washing the family's clothes, the aunt who was to all appearance in perfect health proposed to her niece that she should go into the front kitchen and take her breakfast, which she did accordingly, leaving her aunt alone at the washing tub. Shortly after, another woman, the wife of a nephew to the deceased, who also lived in the same house, on going into the back kitchen, found deceased lying on the floor, and upon being taken up, life was extinct. Verdict, "natural death." On the following day, in the parish of Crowan, on the body of JAMES REED [Read?], aged about nine years. The deceased lived with his parents at Gernick mine in that parish, and was last seen alive about mid-day on Sunday the 3rd instant. In the afternoon, the father being alarmed at the absence of the child from his home, got a neighbour of the name of JAMES FAULL, to go with him in search of him, and fearing he might have fallen into the mine they went down one of the shafts, but returned without being able to find him. The next day they proceeded to draw the water (which was from four to five fathoms deep) out of another shaft, at the bottom of which upon the water being forked, the body was found. The deceased must have fallen about seven before he reached the water, but as there were no injuries about the body it is supposed that death must have been occasioned by drowning. Verdict accordingly. On Tuesday week an inquest was held before Mr. GILBERT HAMLEY, at St. Blazey, on view of the body of THOMAS ROWE, who died from injuries he received by a tram waggon passing over one of his legs on the Cornwall Railway. Several witnesses who were present at the time, stated that there was no blame to be attributed to the driver of the waggon, and that every care and attention was paid to deceased by the persons employed on the railway. A messenger was instantly dispatched to St. Austell, but Mr. PROCTOR being in the neighbourhood, and hearing of the accident went to the house. He arrived at 11 am., he perceived it was a most fearful fracture, and stated that he must go to St. Austell as he had brought nothing with him. A quantity of blood proceeded from the wound as they were carrying deceased to his home; but, at the time Mr. Procktor saw deceased there was very little blood flowing. Mr. Procktor came again at half-past three, and found deceased dying. Several persons who were left with deceased stated that a great quantity of blood had flowed from the wound in about an hour after Mr. Procktor left, and the jury not being satisfied that proper attention had been paid to deceased by the surgeon, no means having been used to prevent the haemorrhage, asked the coroner to adjourn the inquiry that a disinterested medical man might examine the body, and give an opinion as to whether deceased died from loss of blood or from shock to the system. Accordingly the inquest was adjourned until the following Thursday, when the coroner arrived and Mr. WARD of Bodmin to examine the body. Mr. Ward, did so, and stated at the adjourned inquiry that the injury was of a most formidable and serious character and impressed on his mind a strong conviction that it must, from its severity, have proved fatal. He found a most compound fracture of the leg, the bones much shattered and comminuted, the fracture extending into the knee joint and all the soft parts extensively torn and bruised; the muscles of the thigh were also extensively lacerated; he was decidedly of opinion that the injury had proved fatal from the great shock and collapse inflicted on the system; the lesser arteries and veins were lacerated, but the main artery escaped injury; he believed that deceased died principally from the great shock to the system. In answer to a question put to him, he stated that he should not have left deceased without having first taken steps to prevent a recurrence of haemorrhage which he should have expected to take place when reaction came on. Mr. Procktor defended himself by saying that as there was no arterial haemorrhage it would have been wrong to put on a bandage to suppress venous bleeding. The jury returned a verdict that deceased died from shock to the system produced by injuries received by a tram waggon passing over one of his legs, and they also considered that there was great blame to be attributed to Mr. Procktor for leaving deceased from twelve o'clock until half-past three without having placed a bandage to prevent haemorrhage, and they also thought that there was much more time lost than was necessary in going to St. Austell to procure assistance. On Monday last, an inquest was held by Mr. T. GOOD, on the body of a man unknown, who was found that morning hanging in a barn, at Tresparrett Post, in the parish of St. Juliott. From the evidence, it appeared that the deceased had come down to the village of Tresparrett on Saturday evening, about six o'clock, on his way to Boscastle fair, and by the consent of JOHN CORY, the owner's son, had gone into the barn to sleep. The next day (Sunday), he remained there, and was several times seen by ROBERT CORY, the owner. In the course of conversation, the deceased asked Cory if he knew Mr. PERKINS, a bullock-dealer, for whom he was accustomed to drive cattle; he stated that he had begged meat the day before which would last him for the day. He also said that a young woman of Clawton parish, had cut her throat and fallen into the river. He said he was a single man, and had a sister who was gone to America. He was seen for the last time alive by Robert Cory, in the barn at five o'clock on Sunday afternoon. Cory next went to the barn again on Monday morning at six o'clock, to fetch some straw, and found the deceased hanging by the neck against the wall. He was alarmed and called a neighbour, JAMES MEDLAND, to his assistance. The immediately cut the body down, and discovered that the man was dead. JOHN ROWLAND, a farmer, of Poundstock, stated that he had been in the habit of seeing the deceased at Holsworthy markets and fairs; and SAMUEL TRELEAVEN, a colt-breaker, said that he had been accustomed to see a man very much like him in the neighbourhood of Camelford; he could not, however, undertake to swear that deceased was the person; he judged of him by his dress. The deceased was a short, thick-set man, of dark complexion about 35 years of age. He was dressed in a clean white cotton shirt, light drab coloured cloth coat, dark waistcoat, and corduroy breeches and gaiters. No money was in his pockets, nor anything which could lead to his identity. Verdict, "that the deceased hung himself, but what was the state of his mind at the time there was no evidence to show." CORNWALL SUMMER ASSIZES - The following prisoners were sentenced this morning:- DANIEL SULLIVAN, who had pleaded guilty of stealing a sheep, the property of JOSEPH TEAGUE, at Redruth. The learned Judge said, sheep-stealing was one of those offences which occasionally it was necessary to punish with very great severity, because sheep form a most valuable property in this country, and they are perfectly unprotected. They must of necessity be left in the fields, and are easily killed and stolen by badly disposed persons. If he had reason to suppose that this offence was general in Cornwall, he should inflict upon the prisoner a much more severe sentence. He should now sentence him to Eighteen Months' Hard Labour. SIMON KINVER had been found guilty of maliciously killing a sheep, the property of Mr. THOMAS ADAMS, of Laneast. The learned Judge said, I have endeavoured to ascertain what motive you could have had, for conduct as wicked and malicious as was ever brought forward in a court of justice. You were in the service of a kind master, yet for many weeks you proceeded on the system of killing sheep, giving out that it was done by dogs, and ultimately reporting that it was done by some wild animal which it was supposed had escaped, and in a very few weeks thirty-two sheep were killed by you in this way. Ultimately, Mr. ADAMS seems to have supposed you were the man who did it. He took the pains to watch you, and it was found that you tortured an unfortunate sheep in a manner disgraceful to any man. It is bad enough for such quiet animals to be killed of necessity; but you stabbed this sheep in the shoulder, then cut its throat, then cut its nose nearly off, and then left the animal lying in the field, for the purpose of gratifying a malicious feeling towards a man who had never injured you, and whose only purpose was to discover the man who had destroyed his neighbours' sheep. The sentence of the Court is that you be Transported for Fifteen Years. MARY JANE ALLEN, who had pleaded guilty of stealing money from her master, Mr. RICKARD, of St. Erme, was sentenced to Two Months' Hard Labour. WILLIAM PENGELLY BARNES had pleaded guilty of stealing a German silver watch, waistcoat, handkerchief, and money, the property of JOHN SHERMON, at Truro. The learned Judge said this was a very scandalous larceny from a person in whose house the prisoner had lodged and been treated with kindness. Sentence, Twelve Months' Hard Labour. JOSEPH BASSETT had been found guilty of a burglary in the house of Mrs. RYAN, in the parish of Falmouth. The Judge said, not many years ago, you were convicted of stealing some small articles, for which you were imprisoned two months in the house of correction. Very soon after you came out of prison, you and your brother, who was also concerned in the robbery for which you now stand to receive sentence, were again convicted of what might appear, upon the face of it, to be a slight offence, the stealing of some timber, which I apprehend was out of doors, and if it had not been for your known bad conduct and character, I do not think such a severe sentence would then have been inflicted upon you as transportation for seven years for that offence. I have no doubt the court did right in that case. I presume you obtained a ticket of leave and returned, both of you, and immediately began your crimes afresh. You broke into Mrs. Ryan's house, and stole all the plate you could lay hands on, about GBP30 worth. It is a most serious offence. It is the bounden duty of all persons who administer the law, to protect houses by night. You must be conscious that your race is now run. The sentence of the Court is that you be Transported for the term of your natural life. JOHN COLLIVER had been found guilty of uttering a GBP5 Bank of England note. In passing sentence, the learned Judge observed that Bank of England notes from the bulk of the circulation of this country, and it was the duty of every person administering the law to protect the public against such persons as the prisoner. The note he had attempted to pass was an excellent imitation, and if presented in payment for articles to a large amount, it would probably have been taken, and have passed into circulation, and ultimately have caused loss to some honest person. To pass a forged note wilfully, was as bad a mode of committing a robbery upon a person to that amount, as could well be. From the letters read, it was clear that the prisoner was carrying on a correspondence with a person at Devonport, whose trade was to get these forged bank notes from where they were prepared, and to circulate them through the country. The learned Judge said the prisoner and his correspondent seemed to have understood their trade well, and after making some further remarks upon the case, he sentenced the prisoner to Six Years' Penal Servitude. CHARGE OF CHILD MURDER AT TRURO - ANN MATTHEWS, aged 32, shoemaker, JAMES GEORGE, 19, barber, and RICHARD JOSE, 35, tanner, were indicted for the wilful murder of the female child of Ann Matthews; and, in a second count, Ann Matthews and James George were charged with feloniously receiving, harbouring, and maintaining RICHARD JOSE, knowing him to have committed the murder. The following were sworn on the jury:- HENRY RIGHT, foreman, WILLIAM SPRY SPETTIGUE, FRANCIS WALLIS, JOHN SIMMONS, ROBERT VIVIAN; RICHARD SNELL, WILLIAM REYNOLDS, GEORGE SEALY, ANDREW NICHOLLS, MICHAEL OLIVER, CHRISTOPHER MARTIN, and THOMAS PHILLIPS. The jury found Ann Matthews Guilty of concealment of birth; James George Guilty of being an accessory after the fact; and Richard Jose Guilty of manslaughter. The prisoners were then called on, in the usual form, to receive sentence; and the learned Judge thus addressed them:- Ann Matthews, James George, and Richard Jose; you have been convicted by the jury of different offences; and you, Richard Jose, have been found guilty of manslaughter. And as it is right that nothing which occurs in a Court of justice should not be made publicly known, it is my duty to state to the public what that paper was which was put into my hands a short time ago by the jury. Their question was, whether they might legally find you guilty of manslaughter. I had some doubt about that; and I took the opportunity of consulting my brother CHANNELL. My answer then was that if I myself was one of the jurymen I would either find him guilty of murder or acquit him, but that there was no legal obstacle in the way of finding him guilty of manslaughter. I can very well understand the view the jury have taken. They think there was evidence enough in the case to satisfy them that you had a hand in the child's death; but they could not implicitly rely on the evidence of that your woman. I have not a doubt that what passed in their mind was, that they would not convict a man of an offence which would involve the loss of his life, except they felt satisfied it was a murder with malice prepense. I have already stated my opinion that if I had been on the jury, I should have found you guilty of murder, or not; but that there was no legal obstacle to a verdict of manslaughter. They have taken a most merciful view of the case. Your punishment will not be that of death; but it will be my bounden duty to inflict on you the most severe punishment the law enables me. As to you Ann Matthews and James George, the punishment I am about to inflict on you, many may think too slight. But I must act in this matter on the evidence laid before me; and I have no right to suspect, or surmise, or fancy, in what degree you are guilty. As far as I can make out, it may be that the statement is true which the woman made, and which has been put in in evidence more than once, that she did not know what was going on, except that she was privy to the concealment of the child; and therefore that the verdict is a just verdict, in that respect. Whether you had anything to do with the death of the child, is best known to yourself. But the evidence of that is very slight indeed; depending on expressions of the young woman Burns, which may or may not be reported with perfect accuracy, even giving her credit for speaking the truth. The case seems to be perfectly established against you, that you gave birth to this child; and that you consented and agreed to the body being concealed, which is by law an offence. As to you, James George, the part you took in this transaction is a very disgraceful part; and I do trust and hope that the spectacle of you three persons and that your woman will have an effect on persons in the Court. There has been an enormous number of women present to witness this trial - both young and old; and I trust that they - the young ones especially, will take warning by what they have seen. They see a man abandoning his wife, and living in adultery with another woman; they see the natural consequences of that, in the birth of a child; they see the life of that child made away with, from the basest of motives. When young women are tried for child-murder, every person feels disposed not to press the law too hardly against them. But as to you, Ann Matthews, you had no shame in the matter; you were living publicly with that man, and all your neighbours knew it. If a young woman be pregnant, it may be thought desirable she should conceal it. You could have no such object; the only motive suggested is that some small allowance you had from the parish would be stopped. As to you Jose, your only object was to save yourself the expense of supporting the child which your lust and that of the woman had brought into the world. I need not say that a baser motive could not possibly operate on a man's mind; it is a foul a motive as could enter into the mind of a man. As to you James George, it seems you had promised to marry that young woman; but instead of married life with her, you chose to live in concubinage. I suppose no decent persons would allow you to live in their houses, and therefore you went to live with these people. It is really such brutish conduct that one can hardly find words too strong to apply to it. There is no reason why you should not marry that young woman; she is in the same rank of life as yourself. As to Richard Jose, I have already said that the jury having thought fit to act on the view of the case I have just stated, there is no legal obstacle that I know of to their doing so. The sentence on you, Richard Jose, is that you be Transported for the term of your natural life; and that you, Ann Matthews, be Imprisoned for Twelve Months, and be kept to Hard Labour; and that you James George, be Imprisoned and kept to Hard Labour for the same period. The Judge then dismissed the Jury, telling them the country was much indebted to them for their services, and that he was sure they must have had a painful and a difficult duty to perform in dealing with this case. We may add that we were informed, on good authority, that the wife of the prisoner Jose, who lives at Wadebridge, notwithstanding his conduct towards her in living with another woman, had sold off what little property she had, in order to raise money to employ an attorney and counsel to defend her worthless husband. [This case was previously covered in the 4th April, 1856 edition.] NISI PRIUS - Thursday July 31, Before Serjeant CHANNELL - MEREDITH v. MARTYN - The case for the defendant was completed this day by the examination of further witnesses; - GEORGE COBBELDICK, who had worked at Screeda clay-works, and had also for some years occupied Penhale; THOMAS BETTISON, who worked at Screeda under the late Mr. MARTYN, and his widow, the defendant; JOHN GEACH, captain of Mrs. Martyn's clay-works; WILLIAM LANGDON MARTYN, son of defendant; and BENJAMIN JULYAN, brother of Mrs. Martyn, and who had been her agent at the clay-works, since the death of her husband, in 1844. Mr. M. SMITH addressed the jury on the evidence for the defence, remarking that the observations he had made on the law of the case would not now be material, inasmuch as he felt confident he should have the verdict on the main question. His view of the law affecting the case was that, assuming the plaintiff's case proved, the defendant did not break any bank, or take down any dam that was the bank or dam of any water course belonging to the plaintiff; and, therefore, in point of law, there was no cause of action. But his main assertion was that the plaintiff's case was not true, and that the plaintiff was not entitled to the water in question, - that this water had flown as it now flowed from time of earliest memory, - that neither Mrs. Martyn, nor any one for her, had made any hole or excavation interfering with the water belonging to Mr. Meredith, - and that the hole complained of had existed from all time. He (Mr. M. Smith) admitted that there was a spring arising in Newton, that a well was afterwards made for collecting and confining the water at that spring, and that there was a leat conveying the water thence to Newton farm-house, and to this water the defendant made no claim whatever. But she claimed to be entitled to the water that had flowed by the two streams out of Penhale hedge, from all time. SERJEANT KINGLAKE replied; reminding the jury that the action, on the record, was shaped in a double way - one allegation being that the plaintiff was in possession of certain land and clay works and by reason of that possession was entitled to a certain stream of water, and that the defendant had cut down the bank of that stream and thereby had deprived the plaintiff of the water; and secondly, there was, what was probably the more important allegation - that the defendant had destroyed a certain dam, and had thus diverted the stream. In support of his case, the learned Serjeant insisted on the principle of law - that whenever a person has a spring of water on his land he has a right to appropriate it to his own use, and even though any overflow of that spring might pass into adjoining premises, yet until that overflow assumed a definite and fixed course, the person on whose property the spring rose to surface, had a right to do everything he could for the appropriation of that water, and he had a right to divert that water in any way, on his own property, if he did nothing to injure adjoining property. In the present case, the spring rose on Newton, the property of Mr. Meredith, and Mr. Meredith was the person entitled to the water from that spring; and it was not because, in years past, some of that water might have filtered or oozed through the hedge of the leat, that Mr. Meredith was not entitled to protect that spring on his own land and to prevent its being turned away or distributed, or obstructed in any possible way; and if any person on adjoining property did any act whereby Mr. Meredith's right to the whole of the water from the spring on his land, was intercepted or interfered with, it became a cause of action The learned Judge then proceeded to the summing up, which occupied him nearly an hour and three quarters. The action was brought by Mr. Meredith against Mrs. Rebecca Martyn for diverting a stream of water, in which Mr. Meredith claimed to have a reversionary interest. The stream of water in question rose from a spring on Newton estate of which they might take it that Mr. Meredith was the owner; his claim arising as devisee in trust under the will of the late Mr. TREFFRY. That the estate of Newton had been let to a gentleman called TEAGUE, who was carrying on clay works there, and who, in respect of this action, had the same rights as his landlord Mr. Meredith. The defendant had pleaded several pleas to this action:- lst, that she was "not guilty:" 2nd, that the plaintiff and his tenants were not the occupiers; 3rd, that the plaintiff had no reversionary interest; and 4th, that the plaintiff was not entitled to the stream. His lordship thought, however, that as regarded the verdict of the jury, the case would mainly depend on the first plea - that of not guilty. Proceeding to speak of the facts of the case, and referring to the plans, his lordship said Newton estate was west of Penhale and of Screeda works; the Newton estate proceeded from north to south, being bounded on the east, on the top part by Penhale estate, and lower down by Screeda Moor. Between the Penhale estate and Newton, and between Penhale and Screeda was a hedge or fence. There was some variance in the evidence, whether that hedge had always existed in the same state as at present. With regard to the fence between Newton and Screeda Moor, there was evidence that it was made within living memory by PAUL ROBINS; bit it was also in evidence that that hedge built by Robins did not go quite up to the fence between Newton and Penhale, but left a space through which water passed and cattle strayed; and that this gap was filled up, completing the fence between Newton on one side, and Penhale and Screeda on the other. The stream of water now in dispute arose thus:- There was now on Newton estate a well, of small depth (twenty-one inches), and occupying, at least in part, the site of a spring previously existing there; and it was formed for the better collection of the water that rose there. In 1834, and prior to the construction of this well, Paul Robins, the then owner of Newton estate, entered into an agreement with Mr. Martyn (husband of the defendant) and who was then working clay-works on Screeda Moor; those clay-works having, at the time, been working for about ten years. The date of that agreement, (on which each party relied as substantiating his case) was the 25th of March, 1834. Previous to that time it would appear from evidence, that there had been an overflowing of water from Newton estate, down to Screeda moors, the overflow probably of springs; and one main object of that agreement was to secure for Mr. Martyn the use of another stream called Carclaze Leat, and which taking its rise on Newton estate passed over to Screeda Moor, much to the south of this spring that had been the subject of so much discussion. But besides granting to Mr. Martyn, the use of Carclaze leat, and stipulating for rent to be paid for it, the agreement went on to what was more particularly now the subject matter of dispute - "all that spring of water, rising on Newton estate, that was not required as pot water for the use of Paul Robins or his tenants at Newton." And, thirdly, there was a demise of a parcel of waste land, &c., &c. For the use of the water it appeared there was a rent, under this agreement, of GBP7 a year; and for the use of the pits and pans on the waste land, a sort of royalty at 1s. 6d. per ten on the clay prepared there. And, as to the duration of contract, it was to be so long as the said John Martyn might require for carrying on his Screeda clay-works. Before the making of this agreement, there was, from the site of the well on Newton estate, a leat going in a southerly direction, and conveying the water to Newton farm house; and subsequently the position of that leat had been removed nearer the hedge before referred to. The agreement had been acted on, and the rent paid, first by Mr. Martyn and afterwards by Mrs. Martyn, to the persons successively entitled to it, until the lease was determined at Lady-day, 1854, by notice from the plaintiff. From that time the conduit was stopped; but the plaintiff's case was that, notwithstanding that stoppage, there was a sufficient supply of water at Newton, until about the 13th of October, 1855; and the plaintiff alleged that this diminution of supply was caused by defendant's diversion of the water of that stream; in the first place, by cutting the bank of that stream; and secondly, by removing and destroying a dam; and these were the wrongful acts which were alleged against the defendant. In the present case, the question was, had the defendant been guilty of either of the two wrongful acts charged against her in the declaration:- in the first place, whether she or her agents had diverted the water by making the hole in the bank; and, in the next place, supposing the defendants had not made that hole originally; whether they had removed a turf placed in it by the plaintiff, and this removed or destroyed a dam. Another point in this case was, supposing the jury should be of opinion there was proof that the defendant had done anything to the hole, whether that was not done on the Penhale estate, which was in defendant's occupation; and the learned judge referred to evidence adduced, that the visible hole was on the Penhale side, and he stated that it was part of the defendant's case that this hole was through the Penhale hedge, at the corner where that hedge joins the Newton hedge, that that hole had been there as long as any remembrance, and that water had issued through it, before the agreement between Robins and Martyn, and before the conduit was made; that it flowed through two channels which united into one stream some four or five feet after it came out of the Penhale hedge. The defendants asserted that though, after the determination of the agreement, they had no right to any supply of water from the conduit leading from the well, yet that they had a right to water coming out of that hole which had existed prior to that agreement. And they (the jury) would have to consider, as one part of this case, whether they believed that that hole existed now in the same shape and character, and so as to admit, as near as might be, about the same supply of water as before that agreement was entered into. To fix the defendant on the first count, the plaintiff must satisfy the jury that the defendant diverted the water by tapping the bank; but if the hole was there before, and had been uninterfered with by the defendant, then the declaration was not proved as regarded that first count; although if holes were caused, naturally by the action of water, and were not artificial holes made purposely and intentionally, the plaintiff might be entitled, on his own land, to stop the exit of water, and preserve the overflow. But the plaintiff insisted that there was no hole previously and that the hole had been made by the defendant's agents, and that it interfered with the bank of the stream; and he (the learned judge) should ask the jury to say, by their verdict, whether they were satisfied that the hole was made by the defendant at all, and then, if the defendant made the hole, whether it was a hole that interfered with anything except the Penhale and Screeda Moor estates. As affecting cases of this kind, his lordship said there was a difference between water running on the surface, and water that was subterranean. In the present case, the water was neither one nor the other exactly; and if the plaintiff was entitled to a certain spring on his own land, at the point where the well was now situated, and the water afterwards taking its course downwards, the defendant drained the spring on plaintiff's land, by means of a hole made in her own land, his lordship was of opinion that this was not a wrongful act, as now charged in this declaration. He did not say it was not an act for which the defendant might not otherwise be responsible. There were certain rights attached to a visible stream of water; the person through whose land it flowed was entitled to a certain enjoyment of that stream; he could not interrupt that water in its natural passage so as to prevent a person lower down the stream having the benefit of the flow of water through his land; and he could not dam that water above so as to throw on the land higher up such an accumulation of water as would be injurious or offensive. But that was as to the uses of a stream visible to the eye. If, however, the spring in the plaintiff's land on the Newton Estate, had been drained and the supply cut off by means of a hole dug entirely in the lands of the defendant, without saying that the defendant might not be answerable in some way or other, all he would say on this point was that that hole if made by defendant, and made entirely in adjoining land - not the Newton land - though it might have the wrongful act charged in the first count of the declaration, - namely, the cutting of the bank. The second count of the declaration charged the defendant with removing a dam. What was said to be the dam was this:- After October last, a turf was placed by plaintiff's agents, to stop the outlet of water, which the hole had caused. He thought it was immaterial whether this turf stopped the outlet entirely or only partially. The plaintiff might have had a right to stop the outlet, on the supposition that it had been made since the agreement referred to. But if the turf was placed in a hole that was entirely on the eastern - the Penhale side, then it was no dam of the plaintiff's stream, such as would support this action - it was not a dam of the stream that plaintiff seeks to be entitled to. Before reading over the evidence bearing on the points spoken on, the learned judge gave some statements in explanation of the conduit which he had before briefly referred to. It appeared that immediately after the agreement in 1834, this conduit was made for the purpose of collecting water in, and it was stopped at the expiration of the agreement, in order to prevent in future the supply of water. (Further description would be unintelligible without plans.) The learned judge again reminding the jury, that the question they had to determine was that which arose on the plea of "not guilty," proceeded to read and comment on his notes of evidence; and then, again stating that the principal question arose on the plea of "not guilty," sand that if the spring arose in plaintiff's land, though the plaintiff might be entitled to stop for the future any overflow that had taken place, yet the right to the stream and even the right to stop any overflow were quite distinct and different from the question whether or not the defendant had been guilty of cutting a bank or removing a dam. If the hole which was there in March last was a hole that existed long before, and was made by natural causes, or was enlarged, or increased by natural causes, without any interference by the defendant, then the issue, on the plea of not guilty, was not established against the defendant, with regard to the first count. If the hole was made by the defendant, but made in her own lands, and if the effect of it was to drain only underground springs of adjoining land, then, without saying it would not subject the defendant to some liability, he was of opinion it would not warrant or sustain the wrongful act now charged. If the hole was not made on the Newton estate, then it did not appear to him that the removal of the turf placed there by the plaintiff, was the destroying of a dam of the stream to which the plaintiff was entitled in his own land. If the hole was entirely on the Penhale side and not at all on the Newton side, then, in the learned Judge's judgment, neither of the wrongful acts charged in the declaration could be established. The jury would say if the defendant was guilty or not guilty. If they thought the hole was not made by the defendant or by her directions, they would say so. If they thought it was made by her directions, but was made wholly on her own estate, they would say so. If they found the defendant not guilty, they would also state on what issue they found. If they found that the defendant made the hole and made it in the Newton estate, the land of the plaintiff, and that that hole carried away the water rising on the plaintiff's estate, then they would find for the plaintiff. At ten minutes past three the jury retired, and in half an hour they returned into court; and their Foreman said - "We find for the defendant, on the plea of not guilty." In answer to questions from the learned Judge, the jury said they found that the defendant had not interfered with the hole at all, and had nothing to do with it; that what had taken place with reference to the hole was in the Penhale land; that the hole itself was in the Penhale land, and did not extend into the Newton land. The verdict was entered - for the defendant, on the plea of not guilty; and for the plaintiff, on the other issues. COURT OF BANKRUPTCY - In re: C. J. MARE - A meeting was held under the estate of this bankrupt. The meeting was held to take into consideration a proposition under the 230th section of the act to effect a composition, but since the meeting was advertised in the Gazette, a sale of a portion of the property had taken place, in consequence of which, a notice was inserted in some of the daily papers, signed by Messrs. LINKLATER, the accountants to the bankrupt, that the present meeting would not be held. This notice, however was not considered sufficient, and Mr. LAWRANCE, the solicitor for the assignees, and several of the creditors, were in attendance. The original object of the meeting, of course, could not be carried out, and a discussion ensued as to costs, &c. His Honor ultimately decided on adjourning for the decision of Mr. Commissioner HOLROYD, on his return after his vacation. No further meeting to be advertised without permission of the Court, and notice of any intention to apply to be given to the opposing creditors. EXETER DISTRICT COURT OF BANKRUPTCY - Re: JOSIAH TREGELLAS, St. Agnes, Cornwall, draper. This bankrupt came up at a recent sitting of the Court for last examination. The balance sheet commenced on the 21st January 1853, and concluded on the 6th of June 1856. On the debtor side there were debts owing to the amount of GBP673. 9s. 10d.; profits of business, GBP375. 13s. 0d., and capital at the commencement of balance sheet, GBP71. 8s. 7d. The creditor side showed debts due, GBP71. 18. 5d.; property consisting chiefly of furniture and stock, GBP566. 19s. 11d.; losses, GBP31; trade expenses, GBP128. 14s. 5d., and household ditto, GBP319. 7s. 6d. Among the creditors are COCKING and SON, Penzance GBP17. 19s. 9d.; S. AND J. JAMES, Truro, GBP12. 19s.; JAMES MARTIN, St. Agnes, GBP30; PARKYN and REED, Truro, GBP89. 13s. 11d.; SAMUEL PASCOE, Truro, GBP11. 1s. 10d.; J. REYNALDS, Truro, GBP11. 13s. 4d.; T. TREGELLAS, sen., GBP100. There are also debts due to R. J. WATTS, Plymouth, NORRIS and CO., London; TINTON, FRANCIS and CO., Bristol; CANDY and EGGAR, Bristol, &c. The cause of bankruptcy was stated to be "want of capital. The cost of maintenance was 30s. per week for four in the family and a servant. The bankrupt passed his last examination without opposition. CORNWALL ROYAL REGATTA, 1856. - The weather for many days previously had been beautifully fine, but with only occasional "catspaws" of wind. Tuesday was, however, ushered in with a fine breeze from the east, and raised the hopes of our yachting friends who had been predicting a calm. Flags were exhibited at the various flat staffs on the coast. The schooner yacht "Claymore," the property of the Hon. HERCULES ROWLEY, was gaily ornamented with flags, and various other craft exhibited colours. The starting vessel was an iron craft, lent by Mr. A. FOX. The first race was between yachts under 20 tons, for twenty sovereigns. Five boats ran, and arrived in the following order:- 1. Upac...Falmouth...T. SYMONS...13 tons. 2. Foam...ditto...M. V. BULL...13 tons. 3. Syren...ditto...J. BORLASE...10 tons. 4. Mercury...ditto...E. C. CARNE...14 tons. 5. Petrel...ditto...A. M. BEAUCHANT...7 tons. The "Upac," whilst getting to her buoy, unfortunately ran afoul the "Foam," second class, and carried away her jib, and did other trifling damage, which, however, was repaired, and by the kindness of a gentleman who lent the owner of the "Foam" another sail, she was enabled to race. The second race was for yachts, not exceeding 8 tons, and prizes of ten and five sovereigns were offered, which were run for by the following boats:- 1. Frolic...Falmouth...R. A. MANGIN...6 tons. 2. Cygnet...ditto...G. M. NICHOLLS...6 tons. 3. Blue Eyed Maid...ditto...T. BEAUCHANT...6 tons. This was the most exciting race of the day, the boats being of equal tonnage, and were considered fairly matched. It was won easily by the "Frolic," which was the only boat that went fairly round the course, the "Cynet" having fouled the mark boat, and the "Blue Eyed Maid" gone the wrong side of the starting vessel. The second prize was, however awarded to the "Blue Eyed Maid," the property of Mr. Beauchant. The next race was between pleasure boats not exceeding 18 feet, only two boats were entered. 1. Ida...Point...W. H. CHELLEW...18 feet. 2. Jean...Falmouth...H. TRETHOWAN...18 feet. This race was won only by a few seconds, the "Ida" being closely followed by the "Jean." In the class for sailing boats not exceeding 13 feet 6 inches, four boats were entered but only two finished. 1. Emelia...Pill...S. CLYMA. 2. Pet...Falmouth...A. COPLIN. Lug sail punts not exceeding 17 feet. In this class seven boats were entered. 1. Sarah...Falmouth...W. ROBERTS. 2. Three Brothers...St. Mawes...T. RAGLAN. 3 Aurora...Falmouth...C. HALL. In the lug-sail punt class; 1. Lily...Falmouth...W. ROBERTS. 2. Richard...St. Mawes...R. JENKIN. 3. Gem...Falmouth...M. W. BAYLY. The next race between market and oyster boats. 1. Fox...St. Mawes...T. DODSON. 2. Clara...Falmouth...S. DOWRICK. 3 Emma...Falmouth...J. COPLIN. Between four-oared gigs not exceeding 28 feet. 1. Teazer...Truro...R. STEVENS. 2. Camilla...Falmouth...DIXON. The concluding race was between amateurs, in boats of the same length. 1. Camilla...Falmouth...DIXON. 2. Teazer...Truro...E. SHARP. There being a great disparity between the "Camilla" and "Teazer," credit is due to the crew of the former, they having a much heavier boat. The race between the Pilot Boats, which has always been considered the leading race of the day, did not come off, all but one having declined to come forward. We are sorry the pilots did not exercise their usual spirit, which would have been the means of adding so largely to the amusements of the day. The "Wasp," of Falmouth, No. 13, owned by JAMES LOWRY, went around the course, and had a sum awarded her. A deputation from the committee, consisting of the Chairman, W. CARNE, Esq., Mayor, and Capt. PORTEOUS, R.N., waited on the Hon. Hercules Rowley, of the schooner "Claymore," to express their thanks for his gentlemanly conduct in offering his vessel for their use, and for the assistance given to the day's amusement.