4 JULY 1856 MIDSUMMER SESSIONS – part 2 of 2 TRIALS OF PRISONERS -ROBERT HAWKEY, a ticket-of-leave man, was charged with stealing a fowl from RICHARD SARGENT, of Stokeclimsland, on the 29th of June. About midnight the prosecutor heard a noise, and went down stairs to his fowl-shed, where he found the prisoner, who said he would shoot him. He barred prisoner in, but he broke down a partition and got out. Prosecutor then seized him, and held him till assistance came. One of prosecutor's fowls, killed with a knife, was found in the shed. Prisoner afterwards admitted he was a ticket-of-leave man. When at the Devonport Inn, Launceston, he jumped out to the window and ran off, but was pursued and recaptured. He was foung Guilty, and it was proved that at the quarter sessions at Bodmin, in October, 1849, he was sentenced to four months' imprisonment for stealing ducks; and at the sessions in October, 1851, he was transported for ten years, for receiving, with two other men, thirteen geese, knowing them to have been stolen. MR. FROST, who conducted the prosecution, applied to the Court to give the prosecutor a gratuity, under the act 7th George 4th, on account of his gallant conduct in capturing Hawkey. The Clerk of the Peace did not think this court had power to do so, but said he might be awarded an extra allowance. Sentence, Six Years' Penal Servitude. ASSAULT - CHARLES COCK, a miner, was indicted for having unlawfully and maliciously inflicted upon CHRISTOPHER HOSKING some grievous bodily harm; and in a second count he was charged with a common assault. Mr. SHILSON for the prosecution; Mr. FROST for the defence. It appeared that on Saturday the 12th of April, Christopher Hosking, a miner, was at Camborne market, and that on his way home, he had to pass the prisoner's house. When he arrived there, about midnight, prisoner's wife was standing by the door, and she called to him, and asked if he had seen Charley, her husband. Whilst he was talking to her, her husband came up, and asked what she was doing there. She said she was talking about BETSY PAUL's trial, upon which he said he would kill her if she did not go in. He also said to prosecutor, "If thee art not gone I will blow they brains out with a pistol." He then rushed in [to the house], his wife followed, and prosecutor went on, but was almost immediately overtaken by the prisoner, who said he would be the death of him, and struck him with a short poker a heavy blow on the back of the head, followed by many other blows, which caused prosecutor to fall on his knees, and the blood from the wounds, he said, almost blinded him. His wife called out, "Charley, thee hast nearly murdered the man." They then both left him, and prosecutor went on and knocked at CHARLES CLYMO's door, who came down and let him in. Prisoner soon came there asking for Hosking, and saying he would run a knife through his heart. Clymo barred the door against him, and after some time he went away. Hosking was assisted home by Clymo and WERRY, and was taken to MR. OLIVER, a surgeon, who dressed his wounds. The surgeon said there was a wound on his forehead an inch and a half in length; the scalp was cut through in one place to the bone, which seemed slight depressed, but was not fractured. There was another wound at the back of the head, and serious consequences might have resulted if the injuries had not been promptly attended to. CROSS-EXAMINED: There was no need of prisoner being jealous on account of his talking to his wife at midnight; he did not offer to lend prisoner's wife any money; he had passed on from the garden gate when prisoner struck him; he believed he bled about two quarts. WILLIAM WERRY heard prisoner's wife say that prosecutor was not talking more than two minutes with her; that he did no hurt nor said any hurt. Prisoner said next day he was sorry for what he had done, and that he had had no words with prosecutor previously. Mr. Frost, for the defence, submitted that it was a case of extreme provocation on the part of Hosking; that something must have been told prisoner by his wife when he went into the house which aroused his jealousy and greatly excited him; that prosecutor ought to have moved away from the gate, and that prisoner was angry because he found him talking with his wife at twelve o'clock at night. The Chairman, in summing up, said the prisoner was no doubt greatly excited, but he could not see that there was anything in the case to give extreme provocation; and even if there was, prisoner was not justified in having recourse to violence. Verdict, Guilty on the first count, for doing grievous bodily harm. Sentence, Six Month's hard labour. The Chairman discharged the Grand Jury at one o'clock this day, with the thanks of the county for the promptitude with which they had discharged their duties. BILLS IGNORED - The Grand Jury ignored the bill against WILLIAM BOND, indicted for an assault with intent, on Angelina JOB, at Tywardreath; also a bill against WILLIAM ROBINS, charged with unlawfully wounding JOHN STEED, at Liskeard; and against JAMES TRESIZE, charged with stealing from ___ PENPRAZE, at Liskeard. APPEAL: CROWAN appellant; Mr. CHILCOTT; TYWARDREATH, respondent; Mr. SHILSON and Mr. CHILDS. Mr. Chilcott said this was an appeal against an order of magistrates for the removal of MARY GOLDSWORTHY (wife of JOHN GOLDSWORTHY), WILLIAM JOHN THOMAS, her illegitimate child, and JONATHAN, her son, from the parish of Tywardreath to that of Crowan. It was not disputed that they were originally settled in the parish of Crowan; but the appeal was on the ground of their being irremoveable by reason of five years residence in the parish of Tywardreath. Respondents, however, submitted that the residence had been broken, in consequence of pauper's husband having left Tywardreath eight months previous to the obtaining of the order. Mr. Chilcott said he believed he should be enabled to prove that John Goldsworthy and his wife had resided many years in Tywardreath parish, and that the husband, in the course of his occupation as a sailor, left the parish several months ago, and was now on his voyage to China, and intended to return to his wife and family. The question for the court to decide would be, whether such an absence could really amount to a break of residence, or not. He then cited several cases in support of his argument, that an absence of this kind could not be held to break the residence. He also called the pauper, MARY GOLDSWORTHY, but her evidence failed to show that her husband had gone on a voyage to China, or that she knew the name of the ship he had embarked in, or the owners, or where he was gone. It was seven or eight months since she had received a letter from him, and that came either from Liverpool or Whitehaven. Her evidence thus failing in its proofs, appellant's case broke down. Order confirmed; maintenance, GBP 3.15s. SECOND COURT, Wednesday, July 2, Before Edward Coode, jun. Esq. - JAMES ADAMS, 31, labourer, (late a soldier in the Royal Devon and Cornwall Miners Artillery Militia) was charged with stealing a coat, a pair of doeskin trousers, a waistcoat, and a cap, the property of FREDERICK MONTROSE at Truro, on the 29th of May. Mr. J.B. COLLINS for the prosecution; the prisoner was undefended. FREDERICK MONTROSE - I am a tailor lodging at Mr. CARNEGIE’s in Truro; I was in the bedroom, in the afternoon of 28th of May, and saw there my suit [as described above]. I went out, and on my return found my suit was gone, and a suit of militia clothes left instead. I had seen prisoner once, of the previous Sunday afternoon, at Carnegie’s house. GRACE WILLIAMS – I was working at Carnegie's the 28th of May. The prisoner came there in the afternoon; I was the only person there, and he asked if there was anything I could give him to eat. I said no, I could not give it to him, as I was only a work-woman. I fetched a noggin of brandy for him, then left for some minutes, leaving him alone in the house. When I returned, he was gone. WILLIAM WOOLCOCK, policeman of Truro: On the evening of the 28th of May, I had information of the prosecutor's loss; and on the Saturday evening following, I saw the prisoner wearing Montrose's suit of clothes. He came to me and said he had come back with the suit of clothes, and that he was drunk or should not have done it. I took Montrose's suit from him at the station house, and gave him back his uniform, which I had got at Carnegie's house. (The clothes were then produced, and identified by prosecutor.) The prisoner, in defence, said that when he went to the policeman, he told him that he had been to Carnegie's to give back Montrose's clothes, but found nobody home. In summing up, the Chairman told the jury if there was any doubt in the case, it was as to felonious intent; he could not, however, suggest any doubt on that point. Verdict, Guilty. Three Months' hard labour. - ELIZA TRAER, charged with stealing two silver teaspoons, the property of JOSEPH TONKIN, at Truro, on or about the 10th of April. Mr. J.B. COLLINS for the prosecution; the prisoner was undefended. MARY TONKIN deposed: I live at Truro, and had some silver tea-spoons which I kept in a drawer in my bed-room; they were marked J.M.T. About the beginning of April I missed two of the spoons, and saw them again about a week since in the possession of MRS. JAMES. The prisoner and her husband lived in the same house with me; prisoner was in the habit of coming in and out of my rooms, and might have had access to my bed-room without my seeing her. ELEANOR JAMES - I keep a pawn-shop at Truro; on the 10th of June prisoner came and offered two silver tea-spoons to pawn; they were marked J.M.T. Having previously received notice of the loss of spoons by Mrs. Tonkin, I referred to the notice and found the description to correspond. I therefore told prisoner I must detain the spoons, but if she could come again and satisfy me they were her property, it shall be all right. I handed the spoons to my son to take to Mrs. Tonkin, and he brought them back to me, and I afterwards gave them to Pappin, the policeman. GEORGE PAPPIN, P.C. - on the 10th of June received two tea-spoons from Mrs. James, which he now produced, and they were identified by Mrs. Tonkin. The prisoner's statement before the committing magistrate was read: "I never took the spoons from Mrs. Tonkin's house; my child brought them to me." The policeman, in reply to a question from the Jury, said that the child was between five and six years old. Verdict, Guilty. Three Months' hard labour. - ELIZABETH ANN ROBERTS, 13, pleaded Guilty of stealing a sovereign and a half-sovereign, the property of WILLIAM LETCHER at Ladock, on the 30th of May. One Month's hard labour. - JAMES COLMER, 16, and WILLIAM TRATHEN, 16, miners, were charged with breaking into a warehouse, at St. Blazey, on the 16th of May, and stealing a desk, an account book, about 5s. worth of silver and pence, and some printed notice bills, the property of JOHN ONLESS and PETER ARMONT. There was a second count for stealing. Mr. CHILDS for the prosecution; Mr. SHILSON for the defence. JOHN ONLESS deposed that he was a native of Guernsey and was a merchant residing at Plymouth, in partnership with Peter Armont; they dealt in potatoes, and in May last had a store under St. Blazey market-house; in the store was a desk containing the articles named in the indictment. About eight or nine o'clock in the evening of the 19th May he locked up the store; and between eleven and twelve, in consequence of receiving some information, he went to the store and found the door was open, and that the desk was gone with everything in it. Had seen the prisoners near the store that day; had frequently seen them about there. Saw footmarks between the store and a garden near. Went to the constable and apprehended Trathen, and found that the footmarks corresponded with his shoes. Near the window that had been broken open, found an iron bar. Afterwards, a man called WILLIAMS went down a shaft, and brought up pieces of the desk which witness had left in the store, and the hand-bills. The desk was one that witness had borrowed of a man called Batten. EDWARD BATTEN stated that he lived in St. Blazey and was employed by prosecutors to sell potatoes, and he lent them a desk for the purpose of keeping their accounts in. On the evening of the 19th of May, about eleven o'clock, on going toward his home, he saw the door of the warehouse wide open, and he went to Mr. Onless, at the Packhorse, and told him of it. They went and examined the premises, and found outside an iron bar, with which it appeared the window had been forced open; the doors were open from inside, and the desk was gone. Witness had locked up the desk in the evening, and had left in it about GBP 4. 10s. in money, an account book, a money-bag, and some printed notices of sale of potatoes. WILLIAM WILLIAMS, a miner, at St. Blazey, on the morning of the 19th of May, went down a shaft at St. Blazey Consols mine, about two hundred yards from the store, and found at the bottom pieces of a broken-up desk, and some printed papers, which he brought up and gave to WERRY, the constable. WILLIAM WERRY, constable, on Saturday the 17th of May, apprehended the two boys. Onless drew witness's attention to foot marks leading to the store; observed Onless take a shoe from Trathen and compare it with those foot marks, and they corresponded very nicely. Witness also gave evidence of his having been at the top of the shaft when Williams searched below, and of having there received pieces of a desk, and printed notices brought up by Williams. These articles the witness produced, and they were identified by Batten. Witness also produced a bar of iron, which was identified by Mr. Onless, as the one he had found outside the store. It was also identified by the next witness, WILLIAM MEDLAND of St. Blazey who stated that the bar was his property; the day before the robbery, he had seen it in its place, in a garden outside a window of the upper market-house; there were foot marks on the earth, close to where the bar had been placed. On Cross-examination, he said the garden belonged to a Captain WILLIAM STEPHENS; it was not a thoroughfare, but was a rather public place - any person might go there. EDWARD MERRIFIELD, constable of St. Blazey parish, had the prisoners in custody for a time, for Werry. While they were in witness's custody, they began chatting with some of their companions, and, by way of caution, he told them to consider him the greatest enemy they had; after that caution, and without any inducement or threat held out, Trathen said he would not have done it for GBP 20 - that he supposed it would be a GBP 5 job, and he would give 50s. to get out of it. Colman was present at that time, but did not say anything. Some evidence proffered in the course of the case for the prosecution of statements made by the prisoners, was excluded, on an objection by Mr. Shilson on the ground of threat and inducement held out by the prosecutor Onless, who being especially desirous to get back his account book, threatened the boys that if they did not tell where it was he would give it to them; but, if they told him, he would not care about getting back the money, and would not go further with the charge. For the defence, Mr. Shilson at first urged that there was no evidence at all affecting Colmer. On behalf of Trathen, Mr. Shilson contended that the evidence was insufficient to justify conviction; he particularly adverted to the lack of proof as to the mode in which the foot tracks were compared; and also to the fact that there was no evidence as to the circumstances or conversation that preceded Trathen's statement to Merrifield, and consequently they could not say to what that statement referred. The Chairman carefully summed up the evidence, and the jury found Trathen Guilty. Six Months' hard labour; Colmer, Not Guilty. The Chairman, addressing Colmer, said: "You have had a narrow escape; from what we have heard to-day we have reason to believe that but for the prosecutor's ignorance of our law in respect to prisoner's statements, you would not have been acquitted." When these two prisoners were arraigned, they both pleaded guilty; but they were advised to withdraw their plea, and the result is, that Colmer, who confessed himself guilty, has been found "not guilty, legally"; though it is said his guilt was really greater than that of his less fortunate companion. - HANNAH OLIVER, 22, pleaded Guilty to two indictments, charging her with obtaining money by false pretences from GRACE MOORE, at Bodmin; in the one case, 2s. on the 11th of December; and in the other case, 5s. on the 13th of December. Three Months' imprisonment. The business of the sessions was concluded on Wednesday evening.