Part 1. The spelling is as written in the newspaper - honest! West Briton and Cornwall Advertiser. Friday, 8th August, 1851. CORNWALL SUMMER ASSIZES - There was a case lately tried in the adjoining county of Devon, where a man was indicted for stealing goods the property of TRIUS SMITH, and it turned out that the name was really DARIUS SMITH. It seems that in that country Trius and Darius are pronounced exactly alike. The chairman of the Quarter Sessions ruled, as matter of law, that the names were the same, and he directed a conviction. The case came before the judges on appeal, and we were under the painful necessity of ruling that the conviction was unlawful; because, although those words might be pronounced the same in a particular district, we felt it impossible to say that Trius and Darius were the same word, and we ordered the prisoner to be discharged. Such a humiliating task will not, I hope, be cast again on the judges. Because, at the trial, when such an objection is made, the indictment will immediately be amended, and the true name be inserted. This cannot, in the slightest degree, interfere with the vindication of innocence. Any real defence will still be fully open to the accused, while the administration of justice will not be defeated and brought into disrepute. Having made these remarks on the legislation of the Session as it affects the administration of the law, the learned Lord Chief Justice said - I have carefully read the depositions, and I am not aware that any point will arise before you that can at all puzzle you. Should there be any doubt in your minds, I shall be happy to render all the assistance in my power. There is however, one case I will mention. It is that of WILLIAM HARRIS, who stands indicted for arson. It may be necessary; but, out of abundant caution, I would merely mention to you that even if you should believe the story he himself tells, it would be no justification of his conduct. If you believe the evidence against him, you are bound to find a bill of indictment. He says he had no malice against the owner of the property, but that he had come into this county, and having no friends, he committed the crime for the purpose of being sent out of the country. That will be no justification of his offence; and if a case against him should be made out, you will not hesitate to find a bill against him. With these observations, gentlemen, I will thank you to retire to your chamber; I am sure the justice of the country, as involved in the proceedings now before us, is perfectly safe in your hands. TRIALS OF PRISONERS - SENDING THREATENING LETTERS - WILLIAM BARTLE, 33, was indicted for feloniously sending to JOSEPH THOMAS, of the parish of Mullion, a letter without any signature, threatening to burn and destroy certain farm buildings, the property of the said Joseph Thomas. Our readers will recollect that this prisoner was, at the Lent Assizes, tried and acquitted on a charge of sending a threatening letter to JAMES RANDLE, in the parish of Cury, and on the morning following that acquittal, on the prisoner's being arraigned on the indictment for sending a threatening letter to Mr. Joseph Thomas, (the present prosecutor) it appeared that the Judge (Chief BARON POLLOCK) and two of the jurymen had been addressed on the subject of the then approaching trial, by a sister of the prisoner. The consequence of this interference with the regular course of justice, was that the Chief Baron ordered the case to be remanded until the Summer Assizes, and that both the prisoner Bartle and the approver HODGE, should meanwhile be kept in custody. The case so postponed was that which now came up for trial. Mr. MOODY and Mr. COLERIDGE again appeared as counsel for the prosecution, and Mr. COLLIER for the defence; the attorneys being respectively, Mr. HILL and Mr. PLOMER. Mr. Moody stated the case for the prosecution. The subject of indictment, in the present case was the following letter, which had been received by Mr. Joseph Thomas, the prosecutor, on the 2nd of September, 1849:- Sir, - You have not complied with the last letter I sent you to have nothing to do with The farm Golroger; on the comtrary you heve acted quite contrary to the wish of the party and you will do so and think yourself quite secure perhaps you will repent this when its too late you will find us energetic in what we wright I do not like to inger any person if I can help it but what I wright you first I write you again and if you persist in your menovers you will shortly be out of house and home. I believe through your greedy Eye and knavish tricks that the present occupier of the gulroger is obliged to leive Mr. Jo. Thomas the present tenant is a good neighbour and I believe A Christian man and I believe a ingred man through your menovres. I understand you have taken Gulroger or about to take that form for your son if he take that form he shall not live on it there not a hoof nor horns of Cattle shall live on it nor a grain of Corn shall he take in his barn and fire shall consume the dwelling which he live in and you Mr. Thomas will share the same with him everything you have shall be destroyed by fire and poison there is no land in the parish of Mullion for neither of your sons go out the parish and they may settle where the like but in Mullion they shall not there is enough of the sort here allreddy you have seven days to decide and if you do not give up that form Gulroger you nor your family will not be safe to show out of your house after due I am resolved with mine to bring you to if fire whant hot lead shall. Mr. Moody stated that he had the direct evidence of an accomplice of the prisoner's that he wrote that letter, but aware of the suspicion which might attach to the evidence of an accomplice, he was prepared with independent evidence such as he believed would fully establish the charge against the prisoner. The learned Counsel then detailed the circumstance of the case as they will more fully appear in evidence. The following is a copy of the letter referred to in the beginning of the preceding letter:- Sir, - I hear that you are about to take gullodger form for one of your sons in a clandistant manner and would put The present occupier of that form Mr. Thomas out by the hedge when tha same will came aney reasonable Terms with his Landlord and keep tha form for the term of years which he took it for provided his Landlord will prove manlike and come to his Agreement and stand to his word which he promised before J. Thomas sained the deed if Mr. wm. Thomas do act on Christian like to his neighbour he shall suffer in the flesh so as not to sleep in his Bed and you Mr. Thomas I for warn you the same if you act on Christian like to your neighbour ye shall suffer and not sleep on your Bed your Property shall consume With fire you a preacher of the gospel and be a knave consider your ways and be wise I give you one seven days to consider and if you do not give up all Thoughts of Taking Gullrodger I shall pay you a vesit. Mr. Moody stated that he should adduce proof of the prisoner's hostility to "young Joe Thomas," and asserted that the motive for this hostility was jealousy concerning a young lady - Miss RANDLE, of Colvenor - to whom Mr. Joseph Thomas, jun., prosecutor's son, had been paying his addresses. Mr. Moody stated that the prisoner also had courted Miss Randle; but there was no evidence to this effect. After stating other circumstances, and referring to other letters, Mr. Moody proceeded to call witnesses:- AGNES AMELIA THOMAS examined by Mr. Coleridge; stated that she was the daughter of Joseph Thomas, the prosecutor, who lives at Trevitho. About seven in the morning of the 2nd of September, 1849, she found under the garden gate a piece of white paper, containing two letters; one directed to her father, and the other to her uncle William Thomas. (The witness identified both letters). Without reading them, she gave them immediately to her father. The paper was folded, but unsealed. Each letter was in a separate envelope, sealed; she believed with wax, but was not certain. Her father opened his letter immediately; and the other was given to her uncle, and opened by him that day. The letter to Miss Thomas's father, the prosecutor, we have given above. The following is a copy of the letter addressed to her uncle, Mr. William Thomas:- Sir, - You are better to take wit in your anger you have let the form Guiroger or about to let the form to your Brother for his son he is not to have the form you have et liberty to farm the C Estate your self or let the form to any strainger you think proper and then you may live in peace otherways the sooner you leave the parish the better for you will have all your property destroyed you have had proof all reddy that its no joke you have ad one house burnt with fire and you will have all you gote destroyed unless you comply with this your wife must keep close for if she is seen out after dusk she must take the consequence I can see all your movements and wish you to understand [rpe?] and do as is here laid down that your gray years may come down to the grave in peace." Joseph Thomas, the prosecutor, stated that he was a farmer, living at Trevitho, in Mullion, and had a son, also called Joseph, who, since Michaelmas, 1849, had occupied a farm in the same parish called Colroger. Early in September, 1849, he received from his daughter Agnes, two letters, one for himself and one for his brother. Had previously, on the 20th July, received another anonymous letter. (Witness identified the three letters above quoted.) On the Friday after the 2nd of September, he sent a team of horses to work at Colroger. On that Friday evening, had a mow of wheat burnt on Trevitho farm. John Thomas his son-in-law, also had a mow of wheat set fire to the same night, about a quarter of a mile off. Witness also rents premises called Vounder, in Mullion, of Lord Falmouth; there were two houses there and some out-houses; one of those houses was set fire to in 1850, a few days before the trial of Mr. HENDY; that was at night; part of the roof and an outhouse was burnt. In May, 1850, he also received another letter, by post, in an envelope. (Witness identified the letter.) In August last, there was an attempt to fire a field of standing corn, in two places, on his farm, witness had in company with others, offered a reward for the discovery of the offenders. Found some pieces of paper partly burnt, at the two places where the wheat had been attempted to be burnt. Another fire took place at Priske, Mr. John Thomas's witness's son-in-law, shortly before the prisoner was arrested. Government also offered a reward. Before the receipt of any threatening letters or any fires, had know prisoner from his childhood; prisoner was a shoemaker carrying on business at Cury, about a mile and a half from witness's house, and had been employed by witness and his family. Recollects prisoner calling at his house, and their having a dispute; that was, he believed, before the receipt of any of those letters. Prisoner came to me, said the witness, to make some explanation about his have been found in the garden at Colvenor farm, in Cury, where Mr. Randle lives. My son has been courting Mr. Randle's daughter for years. Bartle admitted that he was in the garden at the time my son was in the house courting Miss Randle and said that the young men of Cury make it a practice to go outside windows of houses where young people are courting. I asked him what he had said to THOMAS LAWRENCE about Miss Randle. He denied that he had said anything to Thomas Lawrence, and said that I was jealous. - The Judge - What! Did he say that you were courting the lady! (laughter). No, my lord, (replied the witness), it was about my son. I do not know whether Bartle had been courting Miss Randle; he told me he had not - that she was above his station. I told him that I disapproved of his conduct and did not wish to see him again in my house. I had never any greater quarrel with him than that. I have not seen him in my house since, and he has not done any work since that time for me or my family. - Cross-Examined - I have heard that the prisoner was a frolicsome man, - By the Judge - I have no doubt that the conversation with Bartle, of which I have spoken took place before I had received any of the threatening letters, but I cannot swear positively. William Thomas, brother of the last witness - I am the owner of Colroger farm, which had been to let, and was taken by Joseph Thomas, my nephew, son of the prosecutor. I received from my brother a letter, on the same day it was found in my brother's garden. Joseph Thomas, son of the prosecutor - I occupy Colroger farm, which is the property of my uncle William. On the 20th of August last year, I met Bartle on the road between Mullion and Cury. I held out my hand to shake hands with him. He said, "I did not intend to shake hands with you any more." I said, "You did not?" He said, "I am a sinner bad enough; but, if all is true, you are ten times worse." I said, "Perhaps you judge rather hastily." He said, "I shall not enter on the subject to-day as I intend to come over to your house during the week." I said, "if you have any business to transact with me, I shall be prepared to see you." He then said, "My character is injured: you all hate me like the devil; I believe if you could send me where old HENDY is, you would be glad to have him back again." Hendy was transported at the Spring Assizes, 1850, for sending letters threatening to burn my father's and my brother's property." Bartle then said, "Your brothers-in-law, JOHN THOMAS PRISKE, and THOMAS SHEPHERD, hate me also." I have been courting Miss Randle at Colvenor, for some time. One evening, about two years and a half ago, in the fall of the year, I was at Colvenor, with Miss Randle, in a room which looks into the garden. Between ten and eleven o'clock, I looked out to see if the rain continued, and fancied I saw a shadow across the garden. I sprang out through the window into the garden, and saw the prisoner crouching down under the shrub. I tapped him on the shoulder; he did not move or speak. I then took off his hat, and said "I know you well." It was the prisoner. He did not speak, but seemed like one petrified. Miss Randle was looking out at the window. I said to her, "Here is a person in the garden;" and she came out. She asked him what business he had there. He replied, "I beg your pardon, Miss Randle, but I came in to shelter myself from a shower, and to pick a flower." I did not know that he had been courting Miss Randle. I have heard that my father, when a young man, went by the name of "Blue breeches;" and I believe that the expression, "Long face Joe," was intended for me. Cross-Examined - It was about two and a half years ago that I found Bartle in Miss Randle's garden. Other witnesses called were THOMAS SHEPHERD, farmer; JOHN BASHER, colt-breaker, and THOMAS THOMAS, farmer, living in Cury. In harvest time, 1850, I saw prisoner, and had conversation with him. WYATT, the parish clerk was there and said, "what ought to be done by the man that set the fire to the corn at Trevitho? The man that did it ought to be burnt in the flames." Upon that, Bartle said, "You knows nothing about that." As he said that, he was turned towards Wyatt. I and Bartle went to another part of the field, and as we were going on, Bartle said "If I was to see all the Thomas's corn on fire, I would not put a hand to save it." He said he meant the Thomas's at Mullion. This was before the fire at Mr. John Thomas's, son-in-law of the prosecutor, at Priske. After that fire, I went to Bartle's shop; he asked me whether I was at the fire last night. I said "yes; I did not see you there." He said "no; and what a fool you were." I asked him what part he had against Mr. John Thomas of Priske. He replied that was not done against Mr. John Thomas of Priske, but it was against Mr. Joseph Thomas's family of Trevitho. He said, "there was Mr. Joseph Thomas's of Colroger; how easy that could be fired." I said "if the fires are against Mr. Joseph Thomas's family at Trevitho, Mr. William Hendy's of Polgreen, is as liable to be burnt as Mr. John Thomas's of Priske." Mr. Joseph Thomas's son is courting a daughter of Mr. William Hendy. He said "any man entering Mr. Joseph Thomas's family will be served the same as Mr. John Thomas of Priske, if it is for ten years to come." - I begged him to say no more about it, for I expected some person would be there to arrest him in the course of the day. He appeared to be very angry against the Thomases, and said if any man came to arrest him he would beat his brains out. He said he had been at Trevitho not long ago, and had some words with Mr. Thomas, and Mr. Thomas ordered him out of the house, saying he did not wish to see him there any more. Thomas Lawrence, jun. - I live at Clahar. Prisoner came to my house about three weeks before he was taken up, and asked me if I had heard the news, and if I had seen a letter stuck up concerning Mr. Blue-breeches, that he was going to preach on the 3rd of November. Mr. Joseph Thomas, the prosecutor, is a preacher. He said he was to preach concerning the Three Hebrew Children. He also said there had been a reward offered, and that they might offer double the reward, but it would never be found out. I saw him again in November last, in his own shop. It came up about the fire at Priske. He said he was accused about the fire at Priske, and that he had been over to Priske and cleared himself. I said "have you" - whatever any man can have against Mr. John Thomas, I can't tell." He said, it was not done to John Thomas, as a man, but because he had married into Old Joe Thomas's family. I said "however I have not been burnt in my bed, I don't know." (I had divulged secrets about him and Miss Randle.) He said "I saw thee wast sorry, and I freely forgave thee." Thomas Lawrence, sen. - I am a farmer living at Mullion. Towards the end of August last, in the evening, prisoner came to me at my house, and we walked together towards Troon, about half way from my place to Mullion church-town. He asked me if I had heard the report that he was condemned about the fire. He said he had been accused of setting Mr. Thomas's corn and houses on fire. I said I believed he was not accused by the family of the Thomases. He said he felt very much against some party, but did not say particularly the Thomases. He said the two Joes were not friendly with him, and would pass him in the streets; and he said something about "that nasty old jealousy." We met Mr. J. Thomas the prosecutor. Mr. Thomas said good night." Prisoner did not speak in return. I afterwards told him that he ought to have said "good night" to Mr. Thomas. He said he had nothing against Mr. Thomas, and that he wished to be on friendly terms with him, and would meet him half-way to shake hands. I advised him to get married and put an end to all this jealousy. Serjeant THORNTON - I am a serjeant in the metropolitan police, and am employed in the detective force. I was down to Mullion, by order from the Secretary of State, to make inquiries concerning some fires and threatening letters. I was at Mullion about three days on the last occasion. I had been there previously without any success. After I had been there about three days the second time, I apprehended Bartle and Hodge. I searched Bartle's house, in his presence, and found in the shop in a box, a quantity of gunpowder, and some safety-fuse. The prisoner had at that time, been removed from the shop. I afterwards found some writing paper and envelopes in his presence. I searched the bedroom in his presence; I saw a box that he said he kept his clothes in. In the skibbet of that box, I found a letter which was sealed; I have no doubt he saw me take that letter; he made no remark. I searched his person, and found in his waistcoat pocket a pencil-case and a piece of sealing-wax. Prisoner was handed over to the custody of Chappel the constable, and afterwards in Helston. I received communication from Chappel, and on the following morning, I went to Mr. Hill's and opened the letter which I had found in the Skibbit. (Witness identified the letter, sealing-wax and pencil-case with seal at the end). At that time, I compared the seal of the pencil-case with the seal-impression on the envelope; I have no doubt that the impression was made with that pencil-case, and the wax seems to be of the same quality as that of the piece which I found on the prisoner. I also compared the letter I found, with the three other letters, and I believe them all to be in the same handwriting. (Witness then compared all four letters, and said he believed them all to be in the same handwriting). I also took Hodge into custody. Hodge at first denied that it was his handwriting. I took Hodge to his mother's, and there saw some writing of his, and from that, I came to a conclusion that these letters were all written by Hodge; and Hodge afterwards admitted that they were in his writing, and he was sent here to take his trial. Among the letters I found at Hodge's, I found the one now produced which is precisely the same king of paper as that of the letter which I found in the Skibbet at Bartle's. JOHN HODGE:- (This witness had been committed with Bartle to take his trial at the last Assizes, but was afterwards admitted Queen's evidence against Bartle). I come here from the gaol. I have been intimate with Bartle for some years. I am a farm-labourer, and worked for Mr. Hendy. I did live with my mother, near to Bartle, and was often in the habit of seeing him. (Two letters handed to witness). I was the writer of these two letters. The one directed to Mr. Joseph Thomas, Bartle asked me to write. I think I wrote both letters in his shop. They were written on a slate and then Bartle read from the slate, and I copied from his reading. When I had written out the letter, he put it in an envelope, and I directed it. I think I wrote the letter to Mr. William Thomas at the same time. Three other letters being here handed to witness he said he was the writer of all three. I wrote them, he said, in Bartle's shop; I copied them from a slate in the same way from his reading. I wrote them all at his request. I think Bartle told me afterwards that he put the two letters under Trevitho garden gate. I don't know what made me write the first letter I ever wrote for him; he asked me to write for him. And I did not know what they were about until after I had written them. - Cross-Examined. I thought there was harm in them; I did not tell the Thomases because I was afraid; Bartle had got me under his thumb when I had written and I was afraid to tell. When I had begun to write a letter for him, I was afraid to stop, because he had me in his power when I had written part. I did not acknowledge at first that I had written the letters, because I was not asked. I had no reason to fear him when we were both taken up; I don't know why I did not tell that I had written the letters. The letters were written on a Sunday. I had heard of the reward being offered, before I made my confession; I knew that the reward was for any person except the person who actually set fire to the property. I have said that many a person in my situation would take the money and go to Australia. Re-Examined. I made no offer to become a witness till I was applied to last assizes, by Mr. HILL (The attorney for the prosecution.) I have never claimed any reward. I was told that I was to get nothing for my evidence. RICHARD CHAPPLE - I am a constable of Helston, and had Bartle in custody. He said to me:- "See what people do by sending letters; I was out last night till half-past eleven o'clock, and when I came to my door I put my hand to the latch of the door and found a piece of brown paper tied round with rope yarn; I looked at it and found it was directed to "Mr. James Randle, Colvenor; whoever finds this is particularly requested to take it to Mr. James Randle, Colvenor." I untied the parcel and there was a letter inside, direction to Mr. James Randle, Colvenor, Cury." Prisoner said he should have sent it up to Mr. Randle, if he had not been apprehended, and he asked me if the Serjeant had found that letter; for he had put it in the skibbet of his box. I told him the Serjeant had found that letter. Prisoner was apprehended in November last. The last fire that took place was at Mr. Thomas's at Priske, about harvest time last year. MICHAEL MAUNDER, silversmith of Bodmin. I have compared the wax impression on the envelope found in the skibbet with the paper stamp on the pencil case; I believe the impression was made with that seal, I have counted the diamonds; they are the same on the pencil and in the impression. There is a dent on one of the diamonds, and there is a corresponding impression on the wax. I have made other impressions with the pencil case, and find they are the same as that on the envelope. There is one of the diamonds partly cut off. From the whole of my examination, I am certain that impression on the envelope was made with that pencil case. Cross-Examined - Such pencil cases are made with a die, and considerable numbers might be made with the same die. JOHN NETTING - I am a miner. The parcel produced is safety-fuse used in blasting rocks in mining. It burns very slowly; I have travelled four hundred and sixty feet, walking backwards, while two feet are burning. It is not used by shoemakers. There is only one person in Helston who sells it for that district. FREDERICK HILL, Attorney for the prosecution. Neither Hodge nor any one else has claimed the reward. It was my proposal to him at the last Assizes, under the advice of counsel, that he should be a witness. The letters were then put in and read. We have given above, a portion of them. The following are copies of the remaining two adduced in the case:- To Mr. JOSEPH THOMAS, Trevitho, Mullian. Sir, I have taking this liberty to wright those few lines to you concerning tha present state of things it do appear that your souilon (son-in-law John Thomas pris have had a visit paid him in his fruit garden and also your son-in-law tom shappard he have had respect paid him also very good and how is it with you have you enjoyed great peace of mind praps you have as your Mr. Thomas or in other words the poor old joe Thomas or Mr. Blue Brutches nape you may be glad to where your blue Brutches again I wish to be plain with you the party have met and have come to this determination that your Son the long face Joe is not to keep the farm Golrodger but one year at Michaelmas-day next to give it up and we give you two months to deside. we have said to you before that Mr. Will Thomas is at liberty to let his farm to who he please with the exception of your family if this is not done you and your families will all share A like and what have been promest to you will be paid and will remain A gainst you and your famleys for ten years. Consider well what you are doing for the pease of your famleys. Yours truly Garlic and Unions. The following is a copy of the letter found in the skibbet at the prisoner's box:- Sir patience and perseverances surmount difficulties and you as a man will be placed in thos difficulties which you never yet experanced in life if you dont look well at home you have heard of the fire which happened at prisk not long since to Mr. Skin flent yet there have no change taken place in the Thomas family in respect to the golroger farm the appear to be so head strong as ever let them go on there are greater preparations making now than ever yet have being for the distruction of the Old Mr. blue britches and the long face blue britches and all the familys connected with Mr. Bluebritchas family, did you heer of Mr. Bluebritches shot in the pulpit, in Cury Chapple, perhaps you did, A narrow escape for his head Sir, we have understood that the long-facad joe do sleep at your house when he come A curting two your Daughter A ffraid to go home if ever its known from this time that you shilter joe Thomas the young bluebritches in your house all night aney mure while he remains in Golroger form you will have your house and property burnt and in dame while in your Bed and if ever you leives your Daughter go to Golroger form you and your sons and family will share the same fate with Mr. Bluebritches." Mr. Collier addressed to the jury an able and ingenious defence; after which the learned Judge carefully summed up; and the jury, with less than five minutes consultation, found a verdict of Guilty. - Sentence, Fifteen Years' Transportation. There were two other indictments against the prisoner - one for sending a threatening letter to William Thomas, and the other for arson at the premises of John Thomas, at Mullion; but neither of them was prosecuted.