Part Two West Briton and Cornwall Advertiser Friday 16th January, 1852. SENTENCES OF THE PRISONERS - The following sentences were passed on the prisoners whose trials we reported last week:- JAMES CHAPPEL, for stealing a musical box from WILLIAM SEYMOUR, to be Once Whipped and Discharged. THOMAS MOORE and STEPHEN COLLINS, taking barley from the granary of their master, THOMAS STANLAKE, of Liskeard, and giving it to his horses, - each One Week to Hard Labour. JOHN WESTCOTT, stealing bacon from JOHN HAINE, of Liskeard, One Month's Hard Labour. MATTHEW RICH, stealing apples from Mr. CARVETH, of Mevagissey, One Month's Hard Labour. JOHN DYER, stealing bed-sheets and other articles from W. MARSHALL and J. CHAPMAN, of Lanivet, Two Months' Hard Labour. JOHN HARRIS, stealing a gun from the Rev. J. W. HAWKSLEY, of Redruth, Two Months' Hard Labour. ARTHUR DOIDGE, stealing pigs' cheeks from WILLIAM BATE, Two Months' Hard Labour. RICHARD RICHARDS, stealing a coat from WILLIAM SARAH, of Mylor, Two Months' Hard Labour. PETER INCH and JOHN DYER, stealing two geese from THOMAS MARTIN, of St. Minver, Three Months' Hard Labour. MARY ANN HARRIS, stealing a pair of stays from JANE TREBILCOCK, of Redruth, Three Months' Hard Labour. ELLEN CUNDY and MARY ANN TREMAIN, the former charged with stealing money from ISAAC REEMAN, at St. Austell, the latter with receiving it, each Three Months' Hard Labour. JANE CHYNOWETH, stealing money from WILLIAM NICHOLLS, at Probus, Three Months' Hard Labour. JOHN DIXON, stealing a watch from FRANCIS VIVIAN, at Lostwithiel, Four Months' Hard Labour. RICHARD LANGDON, stealing fowls from FRANCIS PEARCE, of Camelford, Four Months' Hard Labour. MARY JANE KELLY, stealing a shawl from BENJAMIN HAWKEN, of Mevagissey, Four Months' Hard Labour. JOHN TINKUM, stealing potatoes from ALEXANDER REYNOLDS, of Penryn, Four Months' Hard Labour. ELISHA MICHELL and JEREMIAH BENNETT, for breaking and entering an outbuilding, and stealing fowls from Messrs. ROWE, of Newlyn. In passing sentence in this and similar cases, the Chairman remarked that the offence of poultry stealing was increasing in this county, and the Court felt that they were again obliged to resort to the more severe sentences which some years ago they had passed in these cases. In the present instance, also, the effects of intoxication had been evident in the conduct of the prisoners. He wished the advice which was constantly given from that Bench to those who were in the habit of using intoxicating liquors was more generally followed. He then sentenced the prisoners each to Six Months' Hard Labour. CATHERINE STEPHENS, for attempting to break into the dwelling-house of JOHN CASS, Six Months' Hard Labour. BARTLETT PASCOE and MARTHA ABBOTT, for assaulting WILLIAM RICHARDS, of St. Austell, and stealing money from his person. The Chairman said, we apprehend you have both been tried before though not convicted. Sentence, each Eight Months' Hard Labour. JOHN COLLICOTT, for stealing at Helston, a coat belonging to JOHN RANDALL, of Truro. Second conviction. Sentence Twelve Months' Hard Labour. JOHN FLINN, for stealing at Truro, a silk handkerchief from RICHARD ROBINS. The Chairman said, though only twenty years of age, there was a prior conviction against you in 1848, when you had six months' imprisonment, and since then you have had a very narrow escape. The sentence is that you be Transported For Seven Years. JOSIAH WILLIAMS, stealing a half-crown, the property of WILLIAM RANK, of Bodmin. The Chairman remarked, there was a prior conviction against you in 1851, and you had only been out of prison two weeks before you resorted to the same practices for which you were punished. You are only fourteen years of age, and we shall pass on you a sentence of transportation with the hope, however, that you may be suffered to remain in this country, and sent to one of those institutions where you may be carefully watched over, and see whether you cannot, through God's mercy, lead a more creditable life than you have hitherto done. He was then sentenced to Seven Years' Transportation. SAMUEL SOUTHARD, for stealing sixteen casks, the property of W. CARNE, of Falmouth. (Second conviction) The Chairman said, you were placed in a situation in which you availed yourself of the confidence reposed in you, to commit this felony, taking advantage of the ease with which you could pass to and from the different parts of the quay, without close observation of what you had in possession. He was then sentenced to be Transported For Seven Years. JOHN JULIAN, for assaulting and beating SAMUEL HILL, at Wadebridge. In passing sentence, the Chairman said, you are a man of advanced years, and the situation in which you are now placed, I am sorry to say is attributable to the said vice of drunkenness, for probably when out of liquor you are a well-conducted man, but in liquor you are violent and ungovernable. The jury thought proper to acquit you of assaulting the constable in the execution of his duty, but convicted you of a common assault. It was a most violent assault, and it was within a narrow miss that you are not holding your hand to the bar for murder, for the part on which you inflicted the wound made it a most dangerous one. I hope when you return to society you will become a better conducted man. Sentence, Three Months' Imprisonment. APPEALS - The following appeals were heard by the Court, J. K. LETHBRIDGE, Esq., Chairman:- Crantock, appellant; Mr. HOCKIN and Mr. SHILSON. St. Columb Minor, respondent; Mr. DARKE and Mr. G. B. COLLINS. An appeal against an order for the removal of KITTY MORRIS, wife of PHILIP MORRIS, and her children. Mr. Hockin stated, that in this case arrangements had been made for the admission of all the facts. The order appealed against was made on the 28th of August last; and six weeks previous to that time the pauper's husband was in prison under a conviction for felony; he was discharged at the end of October and returned immediately to his wife and children at Newquay, in the parish of St. Columb Minor, and had remained there since with his wife and children; having during his imprisonment always had an intention of returning to them as soon as discharged from prison. A prima facie settlement of the pauper in respondent parish was admitted, but the appellant's case was that the order ought to be quashed on the ground that the pauper was not removable. Appellants contended, first, that a temporary imprisonment of the pauper's husband for felony did not constitute a break of residence; and secondly, that if there were a break of residence, this order ought not to be quashed on the ground that the wife and children were irremovable. The husband at this time living with them, if the order were confirmed it could not legally be executed, since the law would not allow the separation of the husband from his wife and children. Various cases were cited, and it was submitted by appellant's advocates that the order ought to be quashed. The nature of the arguments advanced by appellants' advocates will be understood from the reply on the part of respondents. Mr. Darke, for respondents, affirmed that the cases already decided by the Court of Queen's bench clearly established the principle that imprisonment, either for misdemeanour or felony, was a disruption of the settlement. That was most conclusively decided in Queen v. Salford. He then replied to the cases cited on the other side, Queen v. Stogumber, AND Queen v. St. Mary Whitechapel, and said the language of the case of Queen v. Pott Shrigley was more definite. In that case it was argued that, inasmuch as the wife had been five years in the parish without break of residence, the husband's break of residence was not to affect her; but the Court decided that it did, and that where the husband was removeable, the wife was also removeable; and then, incidentally, it was argued whether imprisonment was a break of residence; and Lord Denman held that a long imprisonment for felony, misdemeanour, or any criminal offence, was a break of residence. There was no distinction as to felony or misdemeanour; in either case the party was prevented returning to his parish by operation of law. That was also the broad principle of the decision in Queen v. Halifax. But the case of Queen v. Holbeck was not one of conviction, either for misdemeanour or felony, but merely an imprisonment for a few days, for non-payment of a small fine for getting drunk, and the man might at any moment have been released on payment of the fine, and have returned to his wife and family. But the ground of Lord Denman's decision that the imprisonment in that case was not a breach of residence was that it would be a practice open to grave abuse, if overseers and churchwardens, who were by law the proper parties to proceed against a party for drunkenness, had it in their power to cause a break of residence of a man in their parish by getting him imprisoned for a short time for drunkenness. In Queen v. Caldicot, four New Sessions Cases, p. 691, there was only an absence of a few hours under an order of removal; and Lord Campbell said there was a period of time during which the pauper ceased to reside in the removing parish and during which he had no power to return to it; and the duration of that period was considered immaterial. On the two clear cases he (Mr. Darke) had referred to, and which were unaffected by the argument or the decision in Queen v. Holbeck, he contended that the imprisonment in the present case was a decided break of residence. On the second point taken by his friend Mr. Hockin, that the order of removal in the present case could not now be executed, Mr. Darke asserted that the original order of removal was good and might have been executed in twenty-one days from its date, but for the notice of appeal, which the appellants gave, in the expectation, he presumed, of getting the man back again. Their worships could only now inquire whether the original order was good or bad; and could not inquire into any state of facts between the order and the appeal. There was a broad distinction between the case of Whitechapel and the present; in the case of Whitechapel, there was never a moment in which the order could have been legally executed; but in the present case, the respondents were in a position to execute their order at the end of twenty-one days from its date. Another distinction was that in the case of Whitechapel the appeal was against the removal, and not against the order; whereas, in this case, there had been no removal, and the appeal was against an order which it was admitted was good at the time it was made. Mr. Darke, in conclusion, pressed for a confirmation of the order of removal, and evidence of settlement, although most probably it would not be executed; and he cited Queen v. Glossop as warranting his application. The Court confirmed the order; GBP5 costs, GBP1 maintenance. Mr. Hockin applied for a case on the first point, and on the other also; but the Court declined to grant it. ST GENNYS, appellant, Mr. DARKE and Mr. ROWE; Altarnun respondent, Mr. SHILSON and Mr. WHITE. This was an appeal against the order for the removal of Mrs. STACEY and her two children, from Altarnun to St. Genys. Mr. Darke moved that the case be adjourned in consequence of the absence of a material witness, ANN PROUT, of Warbstow, who, it is believed, had been put away to prevent her giving evidence. Mr. Shilson, for respondents, opposed the motion, stating that means should have been earlier taken to procure the attendance of the witness, and disclaimed, on the part of respondents, that they had any knowledge of her being out of the way. He said also that they had an old witness present, eighty-six years of age, whose important evidence they would be in danger of losing if the case were postponed. It was ultimately agreed, with the sanction of the court, that the sessions be adjourned to Launceston, at the Central Subscription Rooms, on Wednesday the 21st instant, for the purpose of hearing this case, and that should the death or incapacity of the old witness, THOMAS ROBINS, take place in the interval, his deposition taken in writing should be received as evidence. SEDLEY BASSET MARKE, Esq., took the oaths and qualified as a magistrate on the first day of the sessions, and not the Rev. SEDLEY BASSET MARKE, as stated in last week's paper. MISSING EMIGRANT SHIPS - Three vessels with nearly one thousand emigrants, which left Dublin for New York early in October last, have not since been heard of, and very serious apprehensions prevail for their safety. On Friday last a letter was received by a mercantile firm in Dublin from their agent in New York, stating that the non-arrival of those emigrant ships, nearly three months out, had caused much uneasiness, especially as several large vessels from Liverpool and other European ports, on the return voyage, were much over due, and it was known that the weather, for some weeks, had been more stormy and severe than ever had occurred during the memory of some of the oldest voyagers across the Atlantic. The owners of the missing emigrant ships from Dublin still entertain some hope that the long delay might have been caused by their having been driven out of their course in a northerly direction. THE WRECK OF THE STEAM VESSEL "AMAZON." - On Tuesday the 6th instant, the life boat belonging to this ill-fated vessel was picked up at Pridmouth, about two miles below Fowey. She had part of a hawser attached to her, corresponding with the reports which have appeared, having parted from the brig which conveyed the survivors into Plymouth. In reference to the wreck of the "Amazon" we have received the following from a Redruth correspondent:- "The wreck of this splendid steamer and its melancholy accompaniment, form one of the most distressing occurrences we have heard of for many years. The want of caution in stowing the cargo, appears in this, as in many other instances, to be the cause of the fire. Putting tallow near a fire seems a very absurd notion, and it certainly must have been an oversight of those in authority in that department; be that as it may, we see the fatal consequences. There is another thing which, had she been provided with, might have averted such dreadful loss of life, that is the means of shutting off the steam when there is no means of reaching the engine-room. I hope this latter remark may attract the attention of some one more able to prosecute such a suggestion." ACCIDENT - On Wednesday last, an ox belonging to Mr. THOMAS, butcher of Truro, whilst being driven through the streets of that town, became unmanageable, and occasioned much alarm to many persons. In Kenwyn-street the animal ran at a woman, but a child about six years of age, son of Mr. MINORS, carpenter, coming in the way, the horn of the animal penetrated the bowels of the child, who was immediately taken to the infirmary to be treated for this serious injury. The ox after this got into the leat, and gave a great deal of trouble before it could be secured. We trust we shall not again have to notice that human life has been placed in peril by driving infuriated animals through the streets. CORONER'S INQUEST - On Monday last, an inquest was held before Mr. GILBERT HAMLEY, deputy county coroner, at St. Austell, in view of the body of JAMES BROAD, a driver of one of the "Fairy" omnibuses, who met with his death from injuries he received by being thrown from the carriage the previous Wednesday. It appeared from the evidence that deceased was driving down the hill into St. Austell at an unusually fast pace. About half way down the hill there was a donkey cart in the middle of the road. The man to whom it belonged being rather deaf, did not hear the carriage coming until it was almost close to him. The man tried to pull in the cart, and the deceased in endeavouring to pass the cart struck against it, which frightened the horses and he lost all command over them. The wheels of the carriage then got into the gutter, and after proceeding a few yards, struck against a large stone which projects nearly sixteen inches into the street, and placed there to prevent vehicles from running against the corner of the house. The man was thrown several feet, the fall producing concussion of the brain of which he died three days after the injury. The jury, consisting of some of the most respectable tradesmen of the town, returned the following verdict. "That the said James Broad was accidentally killed by being thrown from Mr. KELLOW's omnibus, the wheels having come in contact with a large stone projecting in a narrow part of the street, which they hoped would be immediately removed." The jury also through their foreman hoped that Mr. Kellow and Mr. DUNN would caution their drivers against driving so fast down the hill entering St. Austell, feeling assured that if the deceased had driven down the hill at a moderate pace, the accident would not have happened. BENEVOLENCE - Sir S. T. SPRY has given a donation of a blanket to each of his poor tenants at St. Anthony and St. Mawes. APPOINTMENTS - The Right Honorable the Lords of the Privy Council of Trade have appointed Capt. WM. MILLER, of Falmouth, Surveyor of Steam Ships and Vessels, under the acts 14 and 15 Vic. Cap. 79, for the districts between Falmouth and St. Ives including all the Creeks, &c. And the Honorable the Commissioners of her Majesty's Customs have appointed him Surveyor of Passenger Ships, under the acts 12 and 13 Vic. Cap. 33, and 14 Vic. Cap. 1. Mr. E. GILBERT of Falmouth, is the Engineer's Surveyor under the first named act, and for the same district. LONGEVITY - On Monday last DORCAS HAWKEN died at Port Isaac in the hundredth year of her age. Her death took place from the hooping cough, but for which she appeared likely to have lived for years longer. JURISDICTION OF CORONERS - A case affecting the jurisdiction of Coroners was decided at the Helston Borough Sessions, on Monday the 5th instant, by Mr. CHARLES DACRES BEVAN, the Recorder of the borough. At the borough sessions in April last, Mr. T. ROGERS applied under the 5 and 6 William IV., cap 76, s. 2, on behalf of Mr. R. H. ROSKRUGE, who had been appointed the Borough Coroner under that act, for an order on the treasurer for payment out of the borough fund, of Mr. Roskruge's fee, for holding an inquest within the borough in the month of January, 1851. The application was opposed by Mr. HILL on the part of the Town Council. The facts of the case are these: THOMAS POLGLAZE was drowned in the month of January last, in the Loe Pool, in the parish of Sithney, which is within the jurisdiction of the county coroner. The body of the deceased as soon as it was found, was carried to the house of the deceased, in the borough of Helston. The borough of Helston has a separate Court of Quarter Sessions of the Peach, and Mr. Roskruge was duly appointed the borough coroner under 5 and 6 William IV. Mr. HICHENS, one of the county coroners, received notice of the death, and came to Helston where the body was lying dead, and proceeded to hold the inquest. Whilst he was holding the inquest, Mr. Rogers, on behalf of Mr. Roskruge, gave Mr. Hichens notice, that Mr. Roskruge as the borough coroner, was alone entitled to hold the inquest; but notwithstanding this notice Mr. Hichens still persevered in taking the inquest, and Mr. Roskruge, the same evening summoned a jury, and held his inquest on the body of the deceased within the borough. After Mr. Rogers had satisfied the Court, that the inquest had been duly taken by the borough coroner, Mr. Hill, who opposed the application for the order, contended that inasmuch as the death happened in Sithney, the borough coroner had no jurisdiction, and cited Reg. v. the Great Western Railway Company, 3, Q.B. 333, 2 Hales, P.C. 66; and further that the recent statute, 6 and 7 Vic, c. 12, s. 1. did not affect this case. On behalf of the borough coroner, Mr. Rogers then argued, that since the statute 6th and 7th Victoria, cap 12, it was not material where the death happened, but the coroner, within whose jurisdiction the body was lying dead at the time the inquest, was taken was the proper coroner to hold the inquest, and cited Reg. v. Hinds, 5 W.B., 947, Reg. v. Ellis, 2 Car. And K., 470. The Recorder then said he should take time to consider the case, and at these last sessions delivered a very lengthy and elaborate judgment, making an order on the borough treasurer for payment of Mr. Roskruge's fee out of the borough fund. PENZANCE QUARTER SESSIONS - These Sessions were held on Friday last, before Mr. COLLIER, the Recorder, and the Mayor and borough Magistrates. There were only two prisoners for trial. MARY CHAPPLE, 34, wife of a working miner at Sancreed, was found guilty of stealing at Penzance, on the 27th of November, a quantity of sugar, coffee, soda, and a handkerchief belonging to GEORGE WILLIAMS, of St. Levan. She was sentenced to six months' imprisonment, with hard labour. Another indictment against her was not proceeded with, it being a charge of stealing from the shop of Messrs. HIGGS and SON, grocers, on the 27th of November, a sack of flour, belonging to JOHN TRENOWETH, of Paul. Mr. PASCOE, was for the prosecution, and Mr. ROGERS defended the prisoner. HENRY ELLIS, a lad of 13, was charged with obtaining, under false pretences, form WILLIAM HARPER, ostler at the London Inn, Penzance, a horse and cart, with intent to defraud the owner, HENRY TREWARN, of Madron. The prisoner was found guilty, and sentenced to imprisonment and hard labour for six months. CORNWALL COUNTY COURTS - Truro - At this Court on Friday last, there were forty-five cases entered, and eleven adjourned from the previous court. In the case of WM. BIRRELL v. JOHN and THOMAS McFadden, heard at the last court, the referee, Mr. W. CLYMA, on examining the books had found a balance due to plaintiff of GBP32. 10s. After, however, the reference had been closed, but the award not drawn up, Messrs. McFadden, discovered that an amount of GBP25 in their favour had been overlooked in the reference. Mr. Clyma, however, having taken advice on the subject, did not feel justified in re-opening the inquiry. Mr. Stokes therefore applied to the court on Friday last, for a new trial of the case, and a rule was granted which will be argued at the next court. In the case of NICHOLAS FRANCIS BASSETT, v. REUBEN DYER BONE, who owed plaintiff rent for an estate, defendant for non-payment of debt and costs, amounting to GBP37, was committed to prison for forty days. In the case of SHEPHERD v. RICHARD WHITFORD, of Probus, defendant for contempt of court, in not appearing to summons, was committed for thirty days. ST AUSTELL - This court was held on Thursday the 8th instant, when thirty-eight cases were tried, but none were of public interest. Mr. SILIAS TINNEY, Upholsterer of St. Austell, received his final order. The petition of Miss GRACE BENNET, grocer, was adjourned to the next court. LAUNCESTON - This court was held on Wednesday last, before Mr. PRAED, when only thirteen cases were entered for trial, - his Honor gave judgment in the case of KITTOW v. JULIAN, adjourned from last court. Plaintiff sued defendant for GBP31. 3s. for work and labour done by him as engineer and surveyor in the year 1845, on a projected line of railway called the Great Western and Falmouth Junction. Judgment was given for plaintiff for GBP28. with costs, to be paid on the 24th of January. TRURO POLICE - On Monday last, JOHN ALLEN, of Truro, waterman, was charged with stealing a quantity of new rope from the rafts of timber in Truro river, the rope being the property of Mr. W. BAYNARD, merchant. It appeared from the evidence that police constable FITZSIMMONS met Allen about nine in the morning in East Bridge-street, with a bundle under his arm. Suspecting that all was not right, the policeman went to a marine store dealer's shop in Kenwyn-street, kept by THOMAS PENNA, and found that Allen had that morning sold a quantity of rope there. He afterwards discovered where it had been stolen from, and taking a portion of the rope from Penna's shop, in company with Mr. CURNEW, clerk to Mr. Baynard, the policeman found that the rope from the shop corresponded with the ends left on the rafts. Allen was remanded until Tuesday, and then committed to take his trial at the assizes. ST. AUSTELL PETTY SESSIONS - These sessions were held on Tuesday last, when there were more cases than usual, most of them for assaults. ELIZABETH TEAGUE, of Carvath, summoned MARY PENHALL for assault, but this case was dismissed, each party having to pay her own costs. A lad named CLOAK of Mevagissey, was charged with assaulting a man named CROSS, and committed for six weeks to the House of Correction. JOHN PAUL, of Redruth, was summoned by the St. Austell police for ill-treating a horse, and fined 5s. and costs. Mr. JAGO, of Mevagissey, charged two persons names Cross, and a person called PEARCE with assaulting him. The charge against Cross the younger and Pearce was dismissed; but Cross sen., was fined 1s. and costs. RICHARD HANCOCK, of St. Blazey, was fined 5s. for getting drunk. A man called BERESON, of St. Austell was charged with poaching on the grounds of Sir J.S.G. SAWLE, Bart., and was fined 7s. 6d., with costs. Captain WEBB, of Great Brynn Mine, was summoned by the keeper of a toll-bar near the Victoria Inn, charged with pulling down and destroying the bar, but the charge being wrongly preferred, the case was dismissed. COMMITTAL - On Friday last, at St. Austell, a man named WILLIAM JOHNS, was committed for twenty-one days, for leaving the union and wearing away the workhouse clothing. CAUTION TO MINERS - At the West Penwith Petty Sessions, OLIVER POOLE and GEORGE HAWKE, miners were charged by Mr. RICHARD BOYNS, purser of Wheal Owles mine, St. Just, with having on the 8th of December last, contracted to stope four fathoms at the bottom of the eighty fathom level of that mine, at West Cargotha, and subsequently refusing to complete their engagement. After hearing the evidence, the bench convicted the defendants, but allowed them a brief period to say whether they would go back and complete their contract, at the same time informing them that they had incurred the penalty of three months' imprisonment in the house of correction at Bodmin. The defendants, however, persisting in declining to fulfil their arrangement, they were sentenced to one month's imprisonment at Bodmin, with hard [labour]. PRESENT TO Mrs. KELYNACK - The fame of this old fisherwoman is so widely spread that lately there was received from Worcestershire, by Mr. LAVIN, of Penzance, a handsome Bohemian vase, accompanied by directions that it should be given to the Cornish octogenarian. The vase was presented on Monday last, and Mrs. Kelynack was delighted with the present.