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