WEST BRITON and CORNWALL ADVERTISER - ASSIZES, part 2 (4 April 1851) SHEEP STEALING - JOHN RICHARDS, 23, a young farmer, was charged with stealing, on or about the 21`st of November, at Polladras Downs, in the parish of Breage, two ewes, the property of JONATHAN PELLER. Mr. Holdsworthy conducted the prosecution, and Mr. SLADE the defence. -JONATHAN PELLER deposed: I live at Polladras Downs, in Breage. On the 21st of November I missed two ewe sheep from those Downs; one of them had been on the Downs five years, and the other two years. I made diligent inquiry, but could not find them until the 12th of March. On that day I went to Mr. HOSKIN's, at Crebor, with my mother. I saw a good many sheep there and recognized my two ewes. The old ewe had a slit in her right ear, one black spot, and a dark face. The young one had a slit in the right ear, and three black spots in the same ear. On the 12th of March I saw prisoner at Mr. Hoskin's, and Mr. Hoskin, in his presence, said he bought the ewes of him (Richards). Richards said he had reared them. On Sunday the 16th of March I went with the constable SAMPSON to Hoskin's, and he took the ewes in custody; and on the following day they were produced by Sampson before the magistrates. Cross-examined: I had four sheep on the common. I don't know how many sheep were there; not more than a score I should think. There were other commons adjoining; but the sheep were kept on one common. The sheep were mine, and not my father's; they were given me by my brother; I am a miner. When I was at Hoskin's, the prisoner continued to state that the sheep were his. -MARY PELLER, mother of prosecutor, and who had been accustomed to see the ewes, corroborated his evidence; as did also THOMAS HOSKIN, farmer of Crebor. Mr. Hoskin also stated that he lived about a mile and a half from Peller. On the 10th of December, he bought six ewes of prisoner, and one afterwards. After Pellar had, on the 12th of March, owned two of the sheep, he (Hoskin) insisted on the prisoner's taking back the four other sheep. The remaining two, that had been claimed by Peller, witness kept, and afterwards delivered them to Sampson, the constable. Cross-examination: He lived about a mile from prisoner, who lived with his father-in-law. Had known the prisoner from a lad and never heard any thing against him. The sale on the 10th of Dec. was openly done, and witness gave more for the ewes than he would if he had to buy them again. He turned them out into the field publicly, the prisoner not objecting to that course. When Peller came to inquire about the ewes he and witness had a dispute about the mark; witness had had the ewes for months and could not see any marks on them. By the Judge - Peller did not say anything about the marks before he saw the sheep. -WILLIAM SAMPSON, constable of Breage, deposed: I apprehended the prisoner on Saturday the 15th of March at Penzance. I found him in an upstairs room at the house of JAMES ROWE. I found the prisoner in the window place, where he appeared to be trying to get out. The window was partly open. I held my staff over his head, took him by the collar, and told him he was my prisoner. He gave a sigh, and said "I suppose I must go with you." On going down stairs, he said "Lord, have mercy upon me; what shall I do?" Just as he came to the foot of the stairs, he made a desperate leap and attempted to rescue himself, the outer door being about five feet from the foot of the stairs. I then caught him and threw him into the kitchen. I then got assistance from the Penzance policeman, and we took him to the station and handcuffed him. Some time afterwards, in passing through Breage, I having occasion to keep two other persons in custody, the Penzance policeman alone took prisoner in custody, and in a short time I heard a cry "Stop thief." I looked back and saw the prisoner running, with his handcuffs on, and the Penzance policeman and others running after him. After he was caught, I proposed to have the prisoner and his uncle Rowe handcuffed together. About a mile and a half out of Penzance, on the way to Breage, prisoner said "I shall be forced to leave this country; I shall never see this country more; do you think I shall?" I made no reply. About four o'clock on the Sunday morning, I gave him in charge to the Helston constable, CHAPPEL. Cross-examined: I and Richards had previously had a dispute about a sheep. -RICHARD CHAPPEL, constable of Helston: The prisoner was given into my custody on Sunday morning the 16th of March about four o'clock. While I had him in custody he asked me if I knew how many were coming against him. I told him I did not know. He then said "I may as well plead guilty as innocent; I am sure to be transported; it is a bad job." -JOSEPH JAMES: I live at Penhale in Breage, near the prosecutor, and have very often seen his two ewes. I saw them before the magistrates on the 17th of March, and knew them to be the prosecutor's. -THOMAS SIMMONS: I live at Polladras Downs. I was before the magistrates on the 17th of March, and saw two ewes produced. I knew the old one by its marks and features. She had been mine for five years before June last, and I sold her to JOSEPH PELLER the father of JONATHAN PELLER, the prosecutor. Since that I have seen her frequently on Polladras Downs. Mr. SLADE addressed the jury for the defence. He alleged that there was an insufficient proof of identity of the sheep, and of felonious intent on the part of the prisoner, urging that the question was one merely of mistake or disputed right as touching sheep wandering over extensive commons, together with others belonging to various owners. Mr. Slade also spoke of the good character prisoner had received from one of the witnesses for the prosecution. The learned Judge carefully summed up, and the jury returned a verdict of GUILTY. There were five other indictments against the same prisoner; but they were not proceeded with. On Saturday the prisoner was placed at the bar to receive sentence, and the Judge addressed him as follows: John Richards, you have been convicted of sheep-stealing, and under circumstances which leave no doubt whatever that not only on the occasion in question, but on several others, you were guilty of the crime of sheep-stealing, and you appear to have availed yourself of a respectable condition in life to commit crimes under the cover of that respectability. The charge on which you have been convicted is only one of several against you which remained to be tried; and the circumstances disclosed at the trial leave no doubt that the occasion which led to your detection and conviction was only part of a general system of depredation. The sentence of the court is that you be Transported for a period of Twenty Years. .... JOSEPH ____, 20, a man of colour, was indicted for stealing, on the 2nd of February, a pair of boots, the property of WILLIAM SAMMELS, a labourer, at the parish of Antony. Mr. Slade conducted the prosecution. The case was clearly proved by the evidence of prosecutor and a police constable, and by the prisoner's statement before the committing magistrates; and, nothwithstanding the prisoner's statements, enforced with much action: "Me no sabe tell lie - God Almighty give me true, massa me bought the boots, massa - me paid one shilling - me no teef, massa," the jury found him Guilty, and he was sentenced to Three Months' hard labour. ........ WILLIAM JOHNSON, 17, was charged with stealing, on the 4th of December, at Callington, from the person of HANNAH ROGERS, a five shilling piece. Mr. Cole conducted the prosecution. -SAMUEL ROGERS stated that on the 4th of December last, he gave his wife a five shilling piece to go to market with, and that he observed it had a bulge mark on the head. -HANNAH ROGERS stated that she put the five shilling piece in a purse, which she put in her pocket. She went to market to purchase some articles, but did not use the five shilling piece. She afterwards discovered that she had lost her purse and money from her pocket. She had not even seen the prisoner for the day. -BULLEN, constable of Callington, in consequence of information that the prisoner had picked Mrs. Roger's pocket, prsued and apprehended him. He denied having any money; Bullen, on searching his pockets, could not find any, but on searching his hat, found a five shilling piece inside the lining. -ELIJAH NOTWILL proved that he saw prisoner near Mrs. Rogers near the butter-market, and also corroborated the constable's evidence of the apprehension of prisoner and discovery of the coin. The prisoner was found Guilty, and was sentenced to Nine Months' hard labour. ............ A SINGULAR CASE - HENRY RUNDLE was charged with having on the 9th of October, at the parish of St. Mellion, feloniously stabbed JAMES RICKARD, with intent to murder him or do him some grievous bodily harm. Mr. MAYNARD for the prosecution; Mr. SLADE for the defence. Mr. Maynard stated that the prisoner was a domestic servant of the Rector of St. Mellion, the REV. GRANVILLE CORYTON, and had formed an attachment to a fellow servant named MARY ANN JASPER, and in consequence thereof was jealous of the prosecutor Rickard, to whom he supposed Mary Ann Jasper showed more encouragement. It happened that on the 9th of October, Jasper went to Callington on her master's business, and was returning in the evening with some articles she had purchased in a donkey cart, and accompanied by Rickard, with whom she was walking behind the cart. As they approached St. Mellion, the woman, being rather fatigued, got into the cart, and Rickard walked behind. While thus proceeding, they were met by Rundle, between whom and Rickard a conversation took place, which led to the assault now complained of. Mr. Maynard concluded his statement by saying that, on the day afterwards, the Rev. Mr. Coryton, from laudable motives, endeavoured to make peace between the parties, and, being aided in this effort by other persons, Rickard was induced to accept a money compensation from Rundle, and to make it up with him. But, notwithstanding that arrangement, when the matter came before the magistrates, the prosecutor was bound over to appear here and give evidence, and he had now appeared in order that he might not forfeit his recognizance. -Mr. Maynard called JAMES RICKARD, who thus stated the particulars of the assault. As we (Mary Ann Jasper and myself) got about one and a half miles from St. Mellion, we met Henry Rundle. As I walked with him, I said, "Henry, what have you said about me?" He answered, "Nothing." I said, "I understand you have said a good deal; you had better keep a civil tongue and have nothing to say about me." Then he gave me a shove and said "I'm not afraid of you." Mary Ann said "what are you quarrelling about now?" I said, "Rundle, you came on purpose to kick this up." He then said again, "I don't care for you." and gave me another shove. I had a little stick in my hand, and I placed it against his hat, and said "If you do that again, I'll give you a rap in the head." At that, he made a blow at me, as I thought with his fist; but I found he had stabbed me in the breast. Mary Ann said, "what's the matter now?" With that, Rundle turned round towards me, and I said "go on, it's all right." I could not pull the dagger out of my side, and I walked back to JOHN GRYLLS's home, and John Grylls pulled out the dagger. The extent of the wound was about five or six inches. I have received GBP 5 from the prisoner's friends to compromise the matter; and I shook hands with him the next day. The learned Judge here addressed the Counsel for the prosecution on the subject of the compensation; and the result was that the learned Counsel declined to offer any further evidence, stating that after the arrangement made between the parties, the only object in bringing it on was to save the recognizances. The learned Judge, after speaking of the distinction in respect of the alleged compromise, between this case and one of robbery, sanctioned the arrangement, and directed a verdict of Acquittal. ................ A HINT TO MAGISTRATES - On returning the last lot of bills, the Hon. G. M. FORTESCUE, as foreman of the grand jury, said he begged to draw his lordship's attention to the fact that there were eight bills relating to one prisoner. These had delayed the grand jury a very long time, and probably would put the county to very considerable expense. The Judge said he had already that day remarked on a similar case. If on a man's being apprehended it turned out that he had committed ten or twenty offences, there was not the slightest reason why he should be indicted for them all. Some judicious selection should be made on the leading cases, to be brought before the grand jury. So again, if there was one transaction, it ought not be divided into several offences, and charged in many indictments. He had observed that morning, that in a case where a gun had been directed against several persons, there was an indictment for shooting one person, and then for shooting another. Mr. Fortescue asked if it was in the province of the grand jury to make such a selection as his lordship had suggested. The learned Judge said no, certainly not; it should be made by the committing magistrates, or by the magistrate's clerk, or whoever takes on him to conduct the prosecution. ............. FRIDAY, MARCH 28 JAMES TREGONING, 25, pleaded Guilty of having broken and entered the dwelling-house of JOSEPH COAD, at Lanhydrock, and of stealing three bundles of clothes, a watch chain, knife, and sevenpence, the property of WILLIAM and JOSEPH COAD. He also pleaded Guilty of having been formerly convicted of felony. Eighteen Months' hard labour. ............... JOSEPH PONISI, 20, was indicted for feloniously assaulting JOHN VENTON on the highway, stealing from his person, and immediately before and after the robbery using violence. MR. COLLIER was for the prosecution, and MR. COLE for the prisoner. -JOHN VENTON, the prosecutor, stated that he was a tin streamer, lives near St. Austell; was in that town on the 1st of February; was in Mrs. BOASE's public house from nine to eleven that night. Prisoner was there and asked me to change a sovereign. I took out money for that purpose. He then said it did not matter, and I put the change in my pocket again. I had been drinking that night. I left Mrs. Boase's about eleven o'clock. Had missed my brother in the town, and prisoner said he would show me the way to my brother's house at Truan, some distance from St. Austell. When we had got a little way from Mrs. Boase's another man came out of a passage. We three went down the Mevagissey road to St. Austell Moor. I said we had gone too far down for the road to Truan. The other man then said "Joe I twig the move," and prisoner then knocked me down, and kicked me; prisoner took threepence from me, saying he would have my money or my life. He took the money out of my left trouser's pocket; the other man helped to search my pockets. The money I showed at the public house I had put in a pocket up under my arm; they did not find that pocket, but searched all the others. When prisoner said "I'll have your money or your life" I screeched "Murder" and ran towards the river, and then met the policeman. Cross-examined: My brother and I had drunk three pints of beer that night; I was not drunk; after leaving Mrs. Boase's, met a young woman, but did not go with her. She said "Good night" and I said, "Good night, my dear." Re-examined: I changed my money to my side pocket after I was knocked down. -CHARLES TALLACK, farmer, St. Austell, saw the prisoner and prosecutor going on the road together; afterwards when near the limekiln, heard a person screeching "murder". On going towards the spot saw prisoner and a man with a white jacket. Cross-examined: Prosecutor was very tipsy when I saw him pass with prisoner; prosecutor could not walk straight. -JOHN WESTLAKE, policeman, was at Western-hill near St. Austell on the night in question; another officer named SAMBELLS was with me; met the prosecutor in a very excited state; he called out "murder". He was bleeding from the upper lip, and was wet above the knees. From the description he gave of the robber, I apprehended the prisoner on the following morning in bed. Prisoner said he knew nothing about it, he had not been down that way for the night. He asked what time it occurred; I said just before twelve o'clock; he said he was in bed long before that. I took him to the lock-up. Venton came in and said "that is the man that robbed me, I'll swear to him". Prisoner said "I never saw you before." Prisoner afterwards said prosecutor had asked him the night before to put him on the road to his brother's at Truan; but he knew nothing about the robbery. He said he had met Tallack. Cross-examined: Venton had been drinking, but was not drunk. THOMAS SAMBELLS, policeman: After the prisoner was committed, and I was locking him up, he said, "It was not me that did it, it was MATTHEWS." He said he heard the noise and ran down to see what it was. -MR. COLE, for the defence, contended that prosecutor was assaulted by Matthews because he interfered with the woman he met; that he was drunk at the time and did not know what he was about; that prosecutor was needlessly frightened; and that in fact no robbery was attempted; if it had been he could scarcely have succeeded in shifting his money while on the ground, with two men upon him. Verdict, Guilty of Assault; not guilty of robbery. Sentence, Four Months' hard labour. ......END OF PART 2.......