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    1. Re: [CORNISH-GEN] weekly news, 4 July 1851, Qtr Sessions, part 3
    2. Jean Ellis
    3. Isn't a spence a closet? On May 26, 2010, at 9:50 PM, <jwmos99@msn.com> <jwmos99@msn.com> wrote: > > Does anyone know what a "Spence under the stairs" might have been? > > > West Briton and Cornwall Advertiser > > QUARTER SESSIONS, 4 JULY 1851 - part 3 > > WEDNESDAY, JULY 2 > > JOHN GIDLEY, 34, was charged with stealing on the 1st of May, at > Truro, a pick, the property of SAMUEL DATE. Mr. J. B. COLLINS > conducted the prosecution; Mr. STOKES the defence. > > The prosecutor, who works on the roads as a labourer for the Truro > Union, stated that on the 15th of March, he delivered his pick to > DREW, a smith at Truro, for the purpose of being altered, and left > it in his possession. About the 14th of May, Drew informed him > that he had lost his pick about the beginning of that month. The > prosecutor, on the 24th of May, obtained a warrant from the Mayor of > Truro, and went to Gidley's house with a constable, WARD, who found > the pick in a Spence, under the stairs. Witness knew the > pick to be his by a mark on the hilt, and an eye on the handle. > > -ROBERT DREW, smith, stated that he altered the pick as desired by > prosecutor; and had seen the prisoner, who had tools of his own > there, handling this pick. Prisoner had a similar two-point pick > there, but with quite a different eye, - one being oval, the other a > diamond. Witness left the shop about a quarter of an hour, and > shortly after his return, missed the prosecutor's pick. > > -JAMES LONG, smith, in the employ of Mr. JEFFERY, about twelve > months since, made five or six similar picks for Date; the pick now > produced was one of those he so made; he knew it by the eye. > > MR. STOKES, opening the defence, said the question for consideration > was as to the identity of the property. It was admitted that the > prisoner did take the pick from Drew's shop; but it would be proved > that the pick was his own property, and Drew himself had admitted > that prisoner had at his shop, at the time referred to, a pick > similar to that of the prosecutor's. If therefore, the proof should > fail as to the pick being the prisoner's property, still the > circumstances would not warrant a verdict that the prisoner took the > pick with felonious intent. > > -ROBERT DREW, recalled by the Chairman, stated that the prisoner's > pick was taken away from his shop about the same time as > prosecutor's; it was not left there after prosecutor's pick was > taken away, and he (Drew) allowed prisoner 1.6d. for it, in account. > > -JOHN BLACKMORE, a labourer on the Kenwyn parish roads, had during > the last three years worked with prisoner, and occasionally used > prisoner's tools. About three years ago, the prisoner's father-in- > law, named RICHARD SOBEY, the foreman of the roads, brought the > pick in question to him (Blackmore), and stated that it was > Gidley's. (Witness looked at the pick and hilt and from several > marks which he pointed out to the jury, positively swore that the > pick belonged to the prisoner.) Had often carried the pick to > smiths' shops to be repaired. The last time he carried the pick for > repairs was about March twelve months. The last time he worked with > that pick was about ten or twelve months since, but had seen it > several times since. Witness and prisoner were in the habit of using > each other's > tools. > > -RICHARD BEHENNA, a foreman at REED's smith's shop, Truro, had been > there three years. Prisoner and his partner repeatedly brought tools > there to be repaired. In March, 1850, the prisoner brought him this > pick, and he (witness) laid it at both ends, and then noticed in the > interior of the eye a notch in the iron - a flaw in the working. The > witness removed the pick from the handle, and pointed out the mark > to the jury. > > The Chairman in summing up, spoke of the unimpeachable character of > the witnesses on both sides, observing that the conflict of > testimony showed that there was some singular mistake as to the > property. The only circumstance which appeared of a suspicious > nature, as against the prisoner, was the fact of his having been > allowed 1s.6d. for his own pick; if his own pick had been left at > the shop, the notion of "mistake" would have been more obvious. > Still, with such testimony as had been adduced as to the property, > he thought they could not convict of felonious intent. > > The jury, however, after rather long consultation, returned a > verdict of Guilty. One Fortnight to hard labour. > ......... > > ELIZABETH TREWOLA, 45, was charged with stealing on the 14th of > June, a pound weight of butter, the property of FRANCIS GUNDRY, of > the Queen's Head, Truro. > > -ELIZABETH GUNDRY, daughter of prosecutor, bought of MRS. WILLIAMS > at the market, a pound and two half-pounds of butter , and > afterwards saw it in the dairy. On the following day, WOOLCOCK, a > policeman, went to prisoner's house and there found in a glass > cupboard, a pound of butter, which she said she had purchased about > half-past eight at the market. He took charge of the butter, and > apprehended the prisoner; and, on the following Wednesday, it was > produced before the magistrates where it was identified by > E. Gundry and by Mrs. Williams. Mrs. Williams testified she sold 5 > lbs. of butter, all to private individuals. She had a unique butter- > print. On being apprehended, prisoner said she had never been in the > Queen's Head. > > -FRANCIS MARY STEVENS, a servant of Mr. Gundry, who had known > prisoner for four years, saw her in the passage-way, between the tap > and the bar-door, at the Queen's Head. She asked for a glass of > porter. Witness went to the bar for the porter, leaving the prisoner > alone in the passage, the dairy door being open. At that time, > prisoner had nothing with her; she remained about a quarter of an > hour. When witness came out with the porter, prisoner had something > under her left arm. > > -WILLIAM NICHOLLS, constable of Redruth, on Sunday morning the 15th > of June, saw the prisoner at Truro prison. She said "This is a bad > job; I did it through drink; can't it be settled?" Verdict, Guilty. > Two Months' hard labour. > > ......... > > RICHARD TREMBRATH, 21, was charged with stealing, on the 10th of > June, at the parish of St. Buryan, a basket containing a shilling, > two sixpences, fivepence-halfpenny, and a pair of gloves, the > property of ELIZABETH BOASE. The prosecutrix stated that on the 11th > of June, she was at OATES's public house with a MRS. WARREN. While > they were there, prisoner came in, and in his presence prosecutrix > counted her money into her basket, and also put her gloves in. The > prisoner immediately afterwards snatched the basket out of her hand > and ran away. She ran after him but could not catch him. > > > Afterwards she went to a Mrs. WALLIS's, where the basket was shown > her. She then informed a constable, and prisoner was brought to Mrs. > Wallis's, where, in the presence of witness, he took three half > pence out of his pocket and said to Mrs. Wallis "there's the money I > had from you for the basket." > > MRS. WALLIS stated that she lived at Buryan about a quarter of a > mile from Oates's beer-shop. On the 11th of June, prisoner came to > her house and offered the basket for sale, and she gave him three > halfpence for it. Afterwards he was brought by the constable, and > paid her back the three halfpence; and she gave up the basket to the > prosecutrix. At the time of the transaction, the prisoner was not > "true drunk" but had been drinking. Verdict, Guilty. Four Months' > hard labour. > > ........... > > CATHERINE MORRIS, 31, was charged with having on the 19th of April, > at Redruth, stolen from the person of JOHN OLIVER, one sovereign, > two half-crowns, and two shillings, the property of the said John > Oliver. The prosecutor, a miner living at Gwennap, on the 19th of > April, was at the King's Arms, in Redruth, having the money named in > a bag. Prisoner was in the room when he paid for a pint of beer. > He was standing with his back towards her, when she put her hand > into his right hand pocket and ran off. He then missed his bag and > money, and ran after the prisoner into the street, and apprehended > her, and gave her in charge. Knew the bag and money were in his > pocket about ten minutes before. > > -WILLIAM BARNETT, a lad employed at the yard of the King's Arms on > the day in question, saw the prisoner pass down through the court > with a bag in one hand, and a finger and thumb of the other hand in > the bag. Afterwards saw constable Tredinnick pick up the bag about > thirty or forty yards from the place; he believed that bag to be the > same he had seen in prisoner's hands. > > -JOHN TREDINNICK, constable, apprehended prisoner and was present > when she was searched; there was found on her two half-crowns and > three shillings in a housewife, but no bag. In consequence of > information given by the last witness, witness went down the back- > yard of the inn, and at about ten or fifteen paces from where > Barnett told him the prisoner had passed, he found a bag on the > ground. This witness produced the bag, which was identified by the > prosecutor and his wife. > > CHARLES TREGONING, constable of Redruth, stated that, after he had > the prisoner in custody, she at first denied all knowledge of the > robbery; but the next day she said if there was any sovereign among > the silver, she must have lost it in the crowd. Verdict, Guilty of > stealing from the person. Four Months' hard labour. > > ............ > > JOHN DAVIS, 19, charged with stealing, on the 28th of April, from > the boiler-house at Drakewalls mine, in the parish of Calstock, a > pair of shoes and a pair of stockings, the property of HENRY > WILLIAMS, miner. Guilty. Four Months' hard labour. > > > > > ------------------------------- > Listmom: ybowers@gmail.com or CORNISH-GEN-admin@rootsweb.com > > Visit the OPC (Online Parish Clerk) web page for transcription > information http://www.cornwall-opc.org/ > ------------------------------- > To unsubscribe from the list, please send an email to CORNISH-GEN-request@rootsweb.com > with the word 'unsubscribe' without the quotes in the subject and > the body of the message

    05/27/2010 05:23:18