WEST BRITON AND CORNWALL ADVERTISER QUARTER SESSIONS 4 JULY 1851 - pt 4 COUNTY BUSINESS CORONERS' BILLS - The Chairman stated that Mr. HICHENS's bill for the past quarter was for twenty- two inquests, GBP 69.15s.2d. For the corresponding quarter last year, his bill was GBP 47.16s. The whole amount of the coroners' bills for the past quarter was GBP 314.2s.; for the corresponding quarter last year, GBP 263.14s.3d. TRIALS RESUMED JAMES BLACK, 26, was charged with stealing, on the 7th of June, at Liskeard, from the person of MARY ANN HAINES, one half-crown, two shillings, and two four-penny pieces. Mr. Hingston conducted the prosecution. -MARY ANN HAINES, about nine o'clock in the evening of the 7th of June, was at her father's meat-stall in Liskeard market. She saw a man's hand in her pocket, and immediately she caught the man by the coat. Her father then took hold of the man, who had taken a purse and some money in it from her pocket. She did not know at the time what money was in her purse. She next saw the purse in the possession of DAWE, the constable; it then contained a half-crown, two shillings, and four penny pieces. -SARAH BROAD, wife of JAMES BROAD, labourer, on the evening in question, was buying meat at the stall adjoining Haines's and saw prisoner put his hand in Miss Haines's pocket, and Miss Haines seize him by the coat. Dawe, the constable, was sent for and searched the prisoner at the stock in front of Mr. Haines's stall. While the search was being made, witness saw a purse drop from prisoner's left side. -RICHARD HARRIS, a lad, proved that he picked up the purse, not more than three feet from where the prisoner was being searched, and gave it to Dawe. After some confirmatory evidence from Mr. Haines, JOHN DAWE, constable, proved that on searching the prisoner, he found in his left hand waistcoat pocket, two half-crowns, and in his right waistcoat pocket, two shillings, two sixpences, and three fourpenny pieces; and in his trowsers some more pence. He showed Miss Haines the purse which had been given him by Harris, and she identified it. He afterwards found in the purse a half-crown, two shillings, and two fourpenny pieces in one end; and in the other end, some shells. Dawe produced the purse in court, and it was identified by Miss Haines, who also explained that the so-called shells were mother-of-pearl counters placed to keep the ring of the purse on. The Chairman, in summing up, directed the jury that they must find their verdict solely with reference to the money; for, unfortunately, the purse was not included in the indictment. The Jury found the prisoner Guilty of stealing money from the person of the prosecutrix. A second indictment against the prisoner for picking of pockets was not prosecuted. Before removal from the dock, the prisoner, having odd notions of the right of property, asked the Governor if the money he had stolen should be given up to him. Eight Months' hard labour. ..... JOHN MEAGER, charged with stealing four yards of ribbon, the property of JOHN MAY. Mr. Stokes for the prosecution; Mr. Shilson the defence. -CATHERINE MAY, wife of JOHN MAY, of the Red Lion Inn, at Bodmin, stated that on the 9th of May she bought from Mr. GROSE's shop four yards of white satin-edge ribbon. In the evening of that day, she placed the ribbon in a parcel on the table in the public kitchen. When she came down, about half-past eight the next morning, she saw the prisoner there; and a few minutes after, the prisoner left, she found that the ribbon was missing. When she came down stairs she found that there was no one in the room but the prisoner and his brother. They were not drunk when they left the house, but they took away about two gallons of beer. -JUDITH MANNEL, servant of Mrs. May's, came down into the kitchen about six o'clock in the morning, and saw a flat paper parcel on the table; she opened it and found it contained some white ribbon, with satin edge. About half-past seven, passing from the bar into the kitchen, she saw prisoner and his brother were sitting on a form at the head of the table. About ten minutes afterwards, they had some beer, and when witness was at breakfast, they left. When Mrs. May came down, she asked for the parcel, and witness found it was gone. Cross-examined: There was another man came in while they were there. They were not tipsy when they went away, but they took away a jar of beer. -WILLIAM BRAY, constable, of Bodmin, in the forenoon of the 9th of May, went to Cutlands Wood, about two miles from Bodmin, with another constable, JAMES LAMPIER, to search for prisoner. Found him there and asked him if he had been at the Red Lion that morning; he said he had. Told him there was some ribbon missing, and asked him if he had it. He said he did not know anything about ribbon. Witness told him to look in his pocket. He put his hand in his pocket, and took out several things. Witness then told him if he did not take out all the things, he (witness) should. He then took from his pocket a paper parcel of ribbon, which witness took charge of. Prisoner again said he did not know anything about any ribbon. He was rather intoxicated at the time; it was nearly twelve o'clock. The prisoner and his brother were woodmen. -JAMES LAMPIER, constable, confirmed the previous evidence, and added that after the apprehension of the prisoner, he went to Grose's shop, and obtained from JANE BENNY, an assistant in the shop, the piece of ribbon from which she had sold some to Mrs. May. (The witness produced the piece.) -JANE BENNY identified the piece produced by Lampier as the one from which she had sold to Mrs. May; and CATHERINE MAY identified the piece she had bought. For the defence, Mr. Shilson addressed the jury, suggesting that probably the package had been put in prisoner's pocket, he being in liquor, and it being proved that there was some other man in the kitchen besides prisoner and his brother; or, in his tipsy state, he might himself have taken it unwittingly. To a man in prisoner's position, that of a woodman, the ribbon could be of no value; and he had always borne a good character for honesty. - RICHARD VERCOE, woolstapler, of Bodmin, and JOHN COPPIN, farmer of the borough of Bodmin, gave the prisoner a good character for honesty. The jury returned a verdict of Guilty. One Month's hard labour. ....... RICHARD BROOKS, 23, CHARLES HENDRA, 32, and WILLIAM UREN, 20, were charged with having, on the 24th of May, assaulted JOHN WESTLAKE, a police constable at St. Austell, in the execution of his duty. Mr. Shilson conducted the prosecution; Mr. Stokes defended Brooks and Hendra. JOHN WESTLAKE deposed: I am one of the police constables of St. Austell. It is a regulation of the magistrates of St. Austell that the public-houses are to be closed by eleven o'clock at night. In the execution of my duty, I am in the habit of going round to see the public-houses clear at that hour. I did so on Saturday, the 24th of May. About twenty minutes before twelve o'clock, there were about a dozen persons drinking outside the King's Head Inn. The door was open and the gas was shining out at the door. When I came up, BROOKS said "Will you drink?" I said, "no, thank ye, I don't drink." He then said, "you would like to have a glass." I said, "If I did, I would go and have it." His next word were, "if we had you down at Charlestown, we would pitch you over the quay." With that, Uren and Hendra began to wrestle; one of them was nearly thrown down, and I went forth and said "stop this, it will lead to a row." I went over, with the back of my hands, to part them. As I did so, Hendra collared me and nearly choked me and tried to throw me down. I then told him to let me go or else he would suffer for it, as I was a policeman. He did not let me go. Uren said "Why had you not told me you were a policeman before?" I replied "you know what I am very well." Hendra still held me on, so much that I had to use my mace and cut him across the arm to make him let go his hold of my collar. Uren then said "come on, Charley; let's be off." I said, "I don't know that I shall let you go now." Hendra then said, "let me go." I said," not until I know your name." He did not give me his name. Uren then said, "D...e, give it to him Charley." Hendra then struck me a very violent blow on the face, and very nearly stunned me. Uren jumped in and collared me, and said "D...e, let us rescue him from the police." About that same time, some one brought out a light, but it was made out directly, and the party who brought it out was knocked down. There was at this time a great row. I was struck with great violence. There is some of the blood to be seen now on the wall where I fell; I was nearly swelled blind. After struggling some time, and when I got on my legs, I looked round and saw Mr. JACOBS and called him. He came to my assistance directly. I also called a mason named MERRIFIELD, who refused to come. The reply Merrifield made was "you had better let him go; you can't (or you shan't) take him in." It was Hendra whom I was trying to take to the lock-up. Mr. Jacobs came to my assistance. After about a minute, there was a regular row made, and we were all thrown off our legs - Jacobs, I, and Hendra; but I did not let go my hold of Hendra. I received several blows while I was on the ground, and as fast as I tried to rise, I was knocked or shoved down. As I was trying to get up, I received a kick in the face from BROOKS. After some time I got up. We then got a little way out in the middle of the street, and then Hendra caught my left hand in his mouth; I had the marks of his teeth for three weeks afterwards. I then said "if you don't let me go, I shall give you a crack in the head;" which I did, and he let me go. Uren then collared me again. Then PERROW, another constable, came, and we succeeded in taking Hendra to the lock-up. Uren followed the others, and after I had locked up Hendra, I went out and laid hold of him and locked him in also. I went out to look for Brooks, but found he had gone, and could not find him. He lives at Charlestown, but I could not apprehend him until the 8th of June, when I found him upstairs in his house, after his mother denied that he was in. I should think that when we got the men to the lock-up there were not less than one hundred people there. -WILLIAM JACOBS, a tradesman of St. Austell, living near the King's Head, stated: On Saturday night, the 24th of May, a little before twelve o'clock, I was in my house, and heard a noise in the street as of men quarreling. After a short time I went out and proceeded towards the King's Head. I kept by the church-yard wall; the noise being over by the public-house door opposite. I heard all that was passing, but it was very dark and overcast and the lamps were not lit, so that I could not see who the parties were. Shortly afterwards, from a light reflected from the street above, I caught sight of the face of Westlake, which was covered with blood. Westlake directly called me to his assistance; he had Hendra by the right side, and I took him by the left. Another man came forth and took me by the collar and said "you let him go." I said "no, I cannot." Directly after that, I received a blow in the back part of my head, and it knocked off my hat which I lost. There was a general cry raised "let's rescue the man." Several parties attempted to bring out lights, but they were immediately made out by some of the mob. Directly afterwards, they made a rush to rescue the man, and we were knocked off our legs - myself, Hendra, and the policeman. We were on the ground, struggling for some time. After some time I succeeded in getting up, and went farther out into the street. Merrifield came forward and touched me and said "you let that man go." I said, "No, I cannot." Westlake called Merrifield to his assistance, but he did not go. Shortly after that, PERROW, another constable, and two or three others came to our assistance, and we succeeded in getting Hendra to the lock-up, and afterwards Uren also was brought in. Westlake was much ill-used; I saw him the following day, and his face was bruised and disfigured very much. THOMAS KNIGHT, a farmer of the neighbourhood who was in St. Austell on the night in question, gave evidence corroborative of the preceding; and added that he saw Uren take our his handkerchief and heard him say, "he'd be skinned if Hendra should be put in the lock-up; he then made a rush towards the policeman and attempted to get Hendra away. As far as witness saw, the policeman's conduct was very proper; he was badly used, and bled a great deal. Mr. Stokes addressed the jury on behalf of his two clients - Brooks and Hendra - grounding his defence on the results of the examinations and cross-examinations of the prosecutor's witnesses. Admitting that an assault had been committed, he urged that it was only a common assault, and not an assault on a constable in the execution of his duty. It being dark, and the policeman not being in his day clothes, the defendants did not know that he was a policeman until after the fray commenced. He also contended that the policeman had been indiscreet in not allowing the man Hendra to be taken home by his companions; and somewhat violent in the use of his mace. He then called Mr. VERCOE, draper, of St. Austell, who spoke to the previously good characters of Brooks and Hendra. The jury found all three prisoners Guilty of assaulting a constable in the execution of his duty. The foreman of the jury added: The Jury desire to make another observation. With regard to the person Merrifield, who was called on by the policeman, and refused to assist, if there is any means of punishing him, the jury think it very desirable it should be done. -Four months' hard labour. ........... ELISHA HOLMAN, of Kenwyn, was indicted for assaulting, wounding, and ill-treating GRAVE LAVIN on the 28th of May, she being at the time with child and in consequence of which the child was born dead. In this case the prisoner had been bound over to answer a charge of felony; but the bill found by the Grand Jury was for misdemeanor. Under these circumstances, it was considered by the Court that the prisoner was entitled to traverse. Mr. STOKES, for the prisoner, applied to do so. The prisoner, consequently pleaded "Not Guilty," and traversed to the next Sessions; himself and his father being bound in recognizances of GBP 50 each. Mr. J. B. COLLINS appeared for the prosecution. .............. End of Part 4 Julia Mosman, OPC for St.Austell,Charlestown, and Treverbyn Website at http://freepages.genealogy.rootsweb.com/~staustell W. Briton newspaper transcripts at http://freepages.genealogy.rootsweb.com/~wbritonad Please visit the OPC website at http://cornwall-opc.org