West Briton and Cornwall Advertiser. Friday 27th June, 1856. EXETER DISTRICT COURT OF BANKRUPTCY - Thursday, June 19. Re: J. B. LOCKE, tailor and draper, of Truro. This was a meeting for last examination. Mr. VENN, (of the firm of HEAD and VENN, solicitors, Exeter,) appeared for Mr. E. GARD, wholesale draper, Exeter, a large creditor; and Mr. STOGDON supported the bankrupt. It will be recollected that an application was made to this court by Mr. Stogdon, in April last, to annul the bankruptcy, which was opposed by Mr. Venn, on behalf of Mr. Gard, the petitioning creditor. The Commissioner subsequently decided not to annul the bankruptcy, and during the examination of the bankrupt some curious facts were elicited. It was stated that a fire had occurred on the bankrupt's premises, and that he obtained from the Phoenix Insurance Office, from GBP200 to GBP300 as compensation for the damage. Of this amount GBP200 was placed in the bank, and the remainder was paid to creditors. Shortly afterwards, Mr. BOUTCHER, the traveller for Mr. Gard, called on the bankrupt for an order, and to enable him to meet a bill of Mr. Gard's then due, the bankrupt stated at the meeting in April, that he drew out the money from the bank - GBP5 in gold and GBP195 in notes; but that on arriving home he discovered that he had lost the notes. Steps were taken to recover them, but without success. The bankrupt then went to Dunster, in Somerset, as he alleged, to borrow money of his brother-in-law, Mr. JAMES ESCOTT, who was then a creditor (according to the bankrupt's statement) for GBP200 under a note of hand, and Mr. Escott then promised to lend him more money. It was contended by Mr. Venn that the representations made by the bankrupt in respect to his dealings with his brother-in-law, were not correct, and the matter stood over for some time. Today, Mr. Venn applied to the Commissioner for an adjournment of the last examination, in order that time might be given for the production of Mr. Escott from Dunster, with the view to ascertain from him some particulars relative to the note-of-hand for GBP200. Since the last meeting, he (Mr. Venn) had been given to understand that a proposal had been made for a composition, but it had gone off. He contended that the matter of the GBP200 ought to be inquired into, for it was not in any way explained as yet; but if the composition was offered and accepted, he should be inclined to let the matter drop. He had heard that the amount of composition offered was 7s. 6d. in the GBP. Mr. Stogdon would like Mr. Venn to prove that assertion. The Commissioner said they were not going into that matter now; the question before him was, whether the examination should be adjourned to bring Mr. Escott down. Mr. Stogdon said he must repudiate any offer of the kind. Mr. Venn, had had an offer made him before the bankruptcy; but no offer had been made since. The bankruptcy messenger was in possession of the estate, and for what purpose the sale of the stock was delayed he was at a loss to know. Mr. Venn replied that Mr. Gard had taken the matter into his own hands, and the creditors preferred that the case should be thoroughly investigated. The Commissioner said he would take the case any day in the following week, provided there was no charge made on the estate for the expenses of the present hearing. Mr. Venn assented, and Wednesday was fixed for examining Mr. Escott. Mr. Stogdon then applied to the Commissioner to grant a sum for the bankrupt's maintenance. The Commissioner said he could not accede to the application, fir he did not know but what the bankrupt was now in possession of all the notes which he said had been lost. Mr. Stogdon replied that the court had no evidence before it to fix that upon the bankrupt; and, surely, a man was entitled to be maintained, however unworthy his actions might be said to be. He felt bound to press the application to the court, as the bankrupt had had the whole of his property taken from him. The Commissioner said all the creditors agreed with him. Mr. Stogdon - This it is your duty to send the bankrupt to prison. The Commissioner - No, it is not. Mr. Stogdon said that all he asked for was a week's maintenance, and coach hire from Truro, which had been incurred in attending that court. He had no idea the case was to have been adjourned. The Commissioner said he was of opinion that the bankrupt had full means of maintaining himself; and until the fact of the loss had been cleared up, no maintenance ought to be allowed out of the estate. Mr. Stogdon wanted to know how the bankrupt was to come to this court again, as he had the means of knowing that the expense which had been incurred in his journey from Cornwall on this occasion had been defrayed by his friends. The Commissioner - I can make no allowance. The subject was then dropped, and the court proceeded with the next case. COURT OF THE ARCHDEACONRY OF CORNWALL - On Monday last, Mr. EDWARD GIDDY TREMBATH, the parish clerk of St. Mary's Chapel at Penzance, in obedience to a citation, appeared before the Venerable Archdeacon PHILLPOTTS, at St. Mary's School-room, Truro, to answer the complaint of the Rev. HENRY BATTEN, the perpetual curate of St. Mary's, Penzance, and Mr. SAMUEL YORK, the warden of the same chapel, for alleged drunkenness, misconduct in his office, and neglect of his duties; and to show cause why he (Mr. Trembath) should not be "removed, or suspended from his office, or otherwise dealt with according to law," under the provisions of the Act 7th and 8th Victoria, entitled "An Act for the better regulating the offices of lecturers and parish clerks." The case was one of some novelty, there having been only one of the same kind prior thereto brought before the Archdeacon. The complainant, Mr. Batten, was represented by Mr. REGINALD ROGERS, as proctor; the defendant by Mr. GILBERT HAMLEY, proctor. Complainant's attorneys were Messrs. RODD, DARKE, and CORNISH, of Penzance, and Mr. Cornish was present in court. Defendant had no attorney. At the opening of the proceedings, Mr. Hamley, defendant's proctor, said he observed that neither of the complainants was present, and he asked the Court to adjourn the case, and cite them to appear. He said if he had thought they would not have been present, he should have subpoenaed them to attend. Mr. Rogers, (complainants' proctor) replied that he had thought it better they should not be present, Mr. Batten having had personal altercations with the defendant. He thought Mr. Hamley should have given him notice if he wished to examine complainants, and then they should have been present. The Archdeacon said he thought Mr. Hamley, if he rested his case on complainants as witnesses, ought to have subpoenaed them, He did not see, however, that their presence was absolutely necessary, and the case must proceed. The Deputy-Registrar of the Court, Mr. PRESTON WALLIS, then read the charge against the defendant, and asked what was his answer to it. The defendant replied that he was not guilty. The following was the complaint: - "To the Venerable the Archdeacon of Cornwall, - The information and complaint of the undersigned, the Rev. Henry Batten, perpetual curate of the chapelry of St. Mary's, at Penzance, in the county of Cornwall, and Samuel York, the warden for the time being of the chapel aforesaid, - sheweth, - That Edward Giddy Trembath, of Penzance aforesaid, hath been for many years past, and now is, a person holding and exercising the office of a clerk of the chapelry or chapel of St. Mary's, in Penzance aforesaid. That your complainants have been informed, and believe, that for a considerable period now last past, the said Edward Giddy Trembath hath been guilty of habitual drunkenness, hath misconducted himself in his said office of clerk, and hath brought great and public scandal upon the church; and particularly that during the year 1855, and the present year, the said Edward Giddy Trembath hath frequented certain public houses in Penzance aforesaid, and elsewhere within the county and archdeaconry of Cornwall, and in particular certain inns in Penzance aforesaid called the Star Inn, the Railway Hotel, the Three Tuns Hotel, the Turk's Head Inn, and the Glob Hotel; and at divers times, and on divers occasions during such years, and particularly during the months of June, July, August, September, October, November, and December, 1855, and the months of January and February last, hath in such inns drunk to such excess, that as well whilst at such inns as on leaving the same, and passing through the streets of Penzance aforesaid, he hath been publicly seen by the police of Penzance aforesaid, and divers other persons. That such habitual drunkenness so affected the body and mind of the said Edward Giddy Trembath, as to have superinduced in him, in the months of December and February now last, attacks of delirium tremens, and also to have urged him, in the month of February now last, to an attempt to commit suicide, and to have produced other evil results, to the manifest and notorious scandal of the church, of his office, and of himself, and to the inevitable neglect of his duties as such clerk as aforesaid. Wherefore your informants submit that the said Edward Giddy Trembath is no longer a fit and proper person to hold the exercise his office aforesaid, and pray that your Reverence will be pleased to take all such processes and premises as may be necessary to the vacating of the said office. Signed at Penzance, this 20th day of May, 1856, Henry Batten, Samuel York." Mr. Rogers then said, he appeared on behalf of the complainants, and it was with considerable pain Mr. Batten had felt himself bound to take this course, in order to remove Mr. Trembath from his office; but there had been so much neglect and misconduct in his duty, that he was totally unable to go on with him as clerk. He believed Mr. Trembath had been a highly respectable man, and had fulfilled his duties up to a certain time in a perfectly worthy manner; but unfortunately, from certain causes, six or eight months ago, he took to a habit of drinking, and had carried it to some excess, through which he was unable to perform his duties. He might say that there was no personal feeling whatever in the present proceedings, though there was certainly a strong feeling in Penzance as to the impropriety of Mr. Trembath's conduct, and in consequence of that, mainly, Mr. Batten had thought it necessary to institute these proceedings. He need not say that it was always a very difficult matter to give direct proof of drunkenness, but he should be able to prove that Mr. Trembath had been in the habit of drinking at several of the inns at Penzance, and that in several instances he had been seen drunk in the streets. Mr. Rogers then called and examined the following witnesses:- Red. EDWARD MOORE, curate, of St. Mary's Chapel, Penzance; JOHN OLDS, police-superintendent at Penzance; GEORGE [P...?], landlord of the Star Inn; JOHN WALLISH, landlord of the Globe; WILLIAM CUDLIP PENNINGTON, clerk to Messrs. Rodd, Darke, and Cornish, solicitors for complainant; JAMES RICHARD QUICK, surgeon, at Penzance; JOHN [TH......?] MILLETT, surgeon, at Penzance; and RICHARD [QUI.....?] COUCH, surgeon at Penzance. Mr. Hamley, defendant's proctor, cross-examined the witnesses, and their testimony extended to considerable length. It is impossible, with our space so much occupied by other matters, that we can afford room for the details of the evidence, the main points of which sufficiently appear in the addresses of the proctors and the judgment of the Archdeacon at the close of the case. At the conclusion of the evidence for complainants, Mr. Hamley addressed the court on behalf of defendant. He said he could not but feel that he had a most anxious duty to perform, in appearing there on behalf of a person, who he should be able to prove, had up to this time borne a most excellent and irreproachable character, but who, he was instructed to say, had been so persecuted and ill-treated by his clergyman, that he had been driven, on occasions, to a state bordering on insanity. Mr. Trembath was appointed parish clerk of St. Mary's, Penzance, in 1837. He served at first under the Rev. Mr. VYVYAN, and afterwards under the Rev. Mr. SHUTTLEWORTH, up to 1849, and he gave great satisfaction to both those gentlemen. The latter gentleman, on leaving Penzance, presented Mr. Trembath with a slight testimonial for his conduct, in the shape of a very handsomely bound edition of Hooker's works. He was at that time the national schoolmaster, and at the present time he holds the position of a schoolmaster; and when he (Mr. Hamley) stated that Mr. Trembath has at the present time sixty or seventy pupils under his care, it would be seen that he could scarcely be considered in Penzance, a habitual drunkard. He was appointed, as before stated, parish clerk in 1837; he took the office very reluctantly, and there was never the slightest insinuation against his character until November, 1854, when he received a letter from Mr. Batten, saying that he must be prepared to leave the national school at the following Lady-day. He wrote a most respectful letter to Mr. Batten, asking the reason. The reply of Mr. Batten alleged as reasons a general want of confidence, and dishonesty in Mr. Trembath having received fees and not handed them over to him. Mr. Trembath felt very much on this account, and applied to a neighbouring clergyman for advice how to act under the circumstance. He was advised to throw himself under the protection of the bishop. He did so, and his lordship referred him to the archdeacon, and at the visitation court before the last, at Penzance, Mr. Trembath made a statement, in which he complained that he had been called a thief, and a liar, and accused of dishonesty; but as the archdeacon had no jurisdiction in the matter, he was obliged to seek his remedy in another court. He (Mr. Hamley) should prove that on the evening previous to the attack of delirium tremens which had been spoken of, Mr. Trembath took but one glass of wine, though he was much pressed to take more by the comptroller of the customs at Penzance, who saw how weak and ill he was at the time, and how much he required it. He spoke that evening of the great ill-treatment he had received from Mr. Batten, and the persecutions he had met with; he was in a state of great mental depression, and after some time he was prevailed upon to take only one glass of wine. He should call witnesses to speak to the high character of Mr. Trembath. He (Mr. Hamley) believed that he possess, at the present time, a most irreproachable character in Penzance; and he hoped, when the Archdeacon had heard the evidence he should produce, he would be of opinion that the complainants had failed to prove their charges, either of habitual drunkenness or neglect of duty. The witnesses then called for the defendant were, the defendant himself, Edward Giddy Trembath; WILLIAM SMITH, who succeeded defendant as master of the national school at Lady-day 1855, and continued master till Lady-day 1856; JOSEPH BARRETT, comptroller of customs at Penzance; CORDELIA SMART, an assistant with Mrs. Trembath; HONOR [?] CHIRGWIN, servant with Mr. Trembath; WILLIAM CRADOCK, auctioneer at Penzance; SARAH JUST, who keeps the Turk's Head Inn; and ALEXANDER POOLEY, of Penzance. Two or three of these witnesses had been subpoenaed by the complainants; they were not called on their side, and the defendant called them in order to show that they had never seen him intoxicated. Though we cannot give the details of the evidence, a few points may be here mentioned. Complainant's proctor was not allowed to give evidence as to any reports about Mr. Trembath, to show that a public scandal had arisen as stated in the complaint; nor was defendant's proctor permitted to elicit statements with regard to Mr. Batten's alleged persecution or ill-treatment of Mr. Trembath. When any questions having that bearing were put, they were objected to by complainant's proctor, and disallowed by the court, the Archdeacon stating that the evidence must be confined to the subject of drunkenness and neglect of duties. The evidence altogether failed to show that defendant had ever been seen drinking to excess in public houses; the landlords who were called testified on the contrary. The instances in which he was stated to have been seen intoxicated in the streets on certain evenings, occurred between September or October and January or February last. All the witnesses who were asked this question, replied that they did not consider defendant to be an habitual drunkard. With regard to the alleged attack of delirium tremens, - the first occurring in December according to evidence, as an attack of syncope or fainting fits. The second case was in February, when it was alleged in the complaint that defendant had attempted suicide. It appeared that defendant had cut his write and when in a raving state, uttered exclamations, such as "they, or you, have driven me made, they had murdered me." Defendant said his illness was occasioned by agitation of mind, caused by ill-treatment, and he cut his wrist to relieve his head. It appeared from the evidence of Mr. Quick, surgeon, that the cut was a slight on, wounding the radial artery, and that if defendant intended suicide, he would most likely have opened a larger vessel. The surgeons, Mr. Quick and Mr. Millett, considered the delirium tremens might arise from mental excitement, and nervous depression caused by continued anxiety and grief, as well as from drinking. They had seen, however, very few cases. Mr. Couch, who had seen a great many cases in London, was of opinion that although delirium tremens, was not evidence of habitual drinking, it was of previous drinking. He had know Mr. Trembath ten or twelve years, and in common with other witness on both sides, he spoke of his exceedingly good character. He said he did not consider him an habitual drunkard. He was a highly respectable man, and he should think one of the best schoolmasters and disciplinarians in the neighbourhood. Mr. Rogers cross-examined defendant's witnesses, and at the conclusion of their evidence replied on the whole case, submitting that he had proved some neglect of duties on the part of the defendant, in his office of parish clerk; and that although he had not proved drunkenness in public houses, he had produced testimony to show that defendant had been seen on several occasions drunk in the street. He also, with the view of confirming the charge of habitual drunkenness, commented on the evidence with regard to defendant's attack of delirium tremens, and submitted, from the evidence of Mr. Couch, who had had more experience in such cases than the other surgeons who had been examined that the predisposing cause of delirium tremens was drunkenness, though excitement and agitation of mind might be the ultimate cause. He apprehended that he had produced sufficient evidence to show that the defendant had been guilty of misconduct, and was an unfit and improper person to hold or exercise the office of parish clerk. The Archdeacon, in delivering judgment said, - This is a very painful case; when I consider the number of years that Mr. Trembath has borne an exceedingly good character, I feel great difficulty in dealing with it. Now with regard to the omission of attendance at church, it is certainly the duty of a parish clerk to attend on all occasions when the church is open; yet there appears to have been a short of understanding to allow defendant, as he kept a school, to be absent at times. Whether he went beyond the fair number of times that he might be supposed from the duties of his school to be absent, does not very clearly appear; so I shall pass over that part of the charge. Then I come to the charge of habitual drunkenness. There has been a great deal of evidence on the point. Persons have said they never saw Mr. Trembath drunk; but, after all, that is mere negative evidence, and I think can hardly be allowed to weigh against the three witnesses who have spoken so very distinctly as to having seen him positively in a state of intoxication, - Mr. Olds, the policeman, in the evenings three times in the streets, and Mr. Pennington also three times, and once an excessively bad case. Thirdly, Mr. Couch saw him once, and all those persons gave their evidence in a very plain and straightforward way, and they are persons whose testimony I don't know that I can for a moment doubt. The only evidence that goes against theirs is that of the maid servant, who said she never saw Mr. Trembath in a state of intoxication, thought she has seen him come home every night. Still, I do not think her single evidence can weigh against those three witnesses as to so many cases. Then comes the evidence as to delirium tremens, which appears certainly to be, in almost all cases, and, as far as I can see, in this case, to be the result of habitual drinking. On the whole, thought it is very painful for me to have to give a decision against Mr. Trembath, I cannot make up my mind to pass the matter over altogether. However, I take into consideration his good character for so many years, and also his good conduct for the last three months, and this leads me to hope that he may be reclaimed from any bad habits which he may have got into, and that his conduct was rather a temporary outbreak, owing to an excited state of mind, which it appears on all sides he was subject to at that time. I shall therefore simply suspend him for six months, ab hoc officio et beneficio. And before he be reinstated in his office, I think it necessary he should bring a certificate of good conduct from one or other of the ministers. I mention one or other, because it appears he has had some difference with the perpetual curate, Mr. Batten, and perhaps he might prefer applying to another minister, - and also a testimony, a certificate of good conduct from the chapelwarden at Penzance, and I hope and trust this present affair will be a warning to Mr. Trembath, and that he will pass the remainder of his days in that respectable manner in which he passed his former ones before this occurred. Mr. Rogers said he was about to apply for costs, but to show that this was not a vindictive proceeding, he was instructed that Mr. Batten did not wish to press for costs. Mr. HENRY VINCENT - A very uncalled for and abusive attack upon this gentleman appears in the Cornwall Gazette of last week, the object which seems to be to prevent any one from attending the lectures which he proposes to deliver in Truro in a few days. We don't suppose, however, that the public will be deterred by any representations as to Mr. Vincent's character which proceed from so untrustworthy a quarter. Mr. Vincent is an able, eloquent, and we may add perfectly respectable man. His opinions, as is well known, are somewhat extreme. He is an advocate of the charter of teetotalism, of the peace views, and what is probably a worse crime in the eyes of the Gazette, he lectured in favour of the abolition of the Corn Laws. When a young man in his teens, his advocacy of the charter brought him into collision with the government, and he for some indiscretion in his public addresses, was subjected, we believe, to a twelve month's imprisonment. Since then his views, as may well be supposed, have undergone some modification, and though we do not profess any great amount of sympathy with his opinions, we shall be greatly mistaken if his lectures do not afford both instruction and entertainment.

On 31 Jul 2012, at 4:29 AM, isabelj@talktalk.net wrote (snip): > Red. EDWARD MOORE, (Presumably Revd. -- I have trouble with light key-touch, too!) > curate, of St. Mary's Chapel, Penzance; JOHN OLDS, > police-superintendent at Penzance; GEORGE [P...?], landlord of the > Star > Inn; JOHN WALLISH, landlord of the Globe; WILLIAM CUDLIP PENNINGTON, > clerk to Messrs. Rodd, Darke, and Cornish, solicitors for complainant; > JAMES RICHARD QUICK, surgeon, at Penzance; JOHN [TH......?] MILLETT, > surgeon, at Penzance; and RICHARD [QUI.....?] COUCH, surgeon at > Penzance. Could this last be a relation of Sir Arthur Quiller-Couch, the well- known author who wrote under the name of Q? He was born in Bodmin in 1863, and his literary heritage seems to have been on the Couch side: his father, Dr. Thomas Quiller Couch (d. 1884), was a noted physician, folklorist and historian and his grandfather, Jonathan Couch, was an eminent naturalist, and also a physician, historian, classicist, apothecary, and illustrator (particularly of fish) in the style of the time. (Citation from Wikipedia.) Sir Arthur settled in Fowey in 1891 and was Coomodore of the Royal Fowey Yacht Club until his death in 1944. The "Devon Mitchells and some Cornish too" website gives John Thomas Millett in the 1861 census aged 62, born Phillack, Cornwall. He lived in Market Jew Street, Penzance, where he died in 1911. Andrew Rodger rodgera@audioio.com