(for the first time, at least 2 persons plead they were in desperate straights, and were thus driven to crime) WEST BRITON AND CORNWALL ADVERTISER April 4 1851 (Part 1 of 5) CORNWALL SPRING ASSIZES (Concluded from our last week's paper) CROWN COURT - Thursday, March 27 Before Chief Baron POLLOCK ANN PLEACE, 40, was charged with stealing a silver watch from the person of THOMAS MORCOM PEARCE, on the 11th of March last. Mr. PETER conducted the prosecution. It appeared that the prisoner had induced prosecutor, who was in a half-drunken state, to accompany her to her house in Liskeard, at a late hour in the night, and while there, he lost his watch. The prosecutor stated that it was stolen directly from his pocket; but the prisoner asserted that the prosecutor having no money with him, gave her the watch to pledge. The prisoner was found GUILTY, and a former conviction was proved against her. She appealed for mercy on the ground of her having a husband and two children, and she hoped to be a better woman in future. She was sentenced to Twelve Months' hard labour. The learned Judge severely reprimanded the prosecutor, for his want of sobriety, his immorality, and carelessness of his own property on the occasion when the robbery took place, and ordered his expenses should be disallowed, and also that he should be called on to pay all other expenses of the prosecution which could properly be thrown upon him. It would be monstrous, he said, that the county should be compelled to pay all the expenses of such a prosecution. .......... JOHN ROBINSON, 26, was charged with having , on the 2nd of March, 1851, stolen a goose, the property of WILLIAM REED, farmer, of Pengreep, in the parish of Gwennap. Mr. ROGERS conducted the prosecution. The prisoner was found GUILTY. He stated that he was an engineer out of employ, and was going to Hayle to seek employment. Sentence, Six Months' hard labour. ......... JANE ANN ROWE, 15, pleaded GUILTY of obtaining under false pretences, two pairs of shoes, the property of JOHN GILES, of Liskeard, with intent to cheat and defraud the said JOHN GILES. Six Weeks' hard labour. ......... DANGEROUS ASSAULT ON A GAMEKEEPER - JOHN MOON, 25, was indicted for shooting at WILLIAM TOWLER with intent to prevent his lawful apprehension. A second count charged an intent to do some grievous bodily harm. Mr. STOCK conducted the prosecution; Mr MAYNARD the defence. Mr. Stock having opened the case, stated that the prosecutor was Mr. GORDON WILLIAM FRANCIS GREGOR, of Trewarthenick, near Tregony, proceeded to examine the following witnesses: -CATHARINE ROBERTS stated that she lived with her mother and father in Tregony, and knew the prisoner. About eleven o'clock in the evening of the 17th of January she saw Moon and three other men pass by her door going out of the town towards Mr. Gregor's. Moon had a gun with him. He is a woodman. After they passed on, she heard them singing. -WILLIAM TOWLER deposed: I am a gamekeeper to Mr. Gregor at Trewarthenick. On the night of the 17th of January, I was out watching with HENRY DENNIS, labourer, who was assisting me. We went to Ruanlanihorne wood. About half-past twelve we heard a gun in the woods. We went toward it, and heard several other shots in the same wood. We went into an adjoining plantation, called Pontey's, inside a gate, and remained there an hour. We heard several shots, the last in Pontey's woods. I saw the flash about sixty yards off. We went across the road into Trethewy Wood, and remained there close to the road about ten minutes. I saw four men pass up inside Pontey's. Two of the four men had guns. I knew only Moon; he was one of the two men who had a gun. On their coming out into the road, and going towards Tregony, we came out behind them. A little boy, CHARLES WARNE, aged seventeen, was with Dennis and me. Having got down into the road, we were about fifteen yards from the four men. When they came out of the plantation into the road, we were only about seven yards from them; we were on the hedge of the wood just opposite them, and had full opportunity of seeing their faces. On our getting down into the road, Moon turned round and leveled a gun. I did not say anything to him then. He went on again. I then said, "Good morning, Mr. Moon." He immediately turned round, and leveled his gun at us -at all three of us, I suppose. He fired at where we three were standing close together. Some of the shots struck me round about my clothes; and some of the shots went through Dennis's hat into his forehead. After he fired, he and the other three men went toward Tregony; we did not follow them. The next morning, I gave information to Mr. Gregor; and also went before Mr. Gwatkin, a magistrate. Cross-examined: We did not follow them because we did not have a gun with us, and they were four, and we but three. Before we went into Pontey's plantation, I had heard six or eight guns fired in Ruanlanihorne wood. I did not know any of the other men. Afterwards, the moment I uttered his name, he turned round and fired at me; he was then about twenty-five yards off. The shot came all about me, but I don't know that they penetrated my thick coat. The prisoner lives in Tregony; he is a married man with children; I know him. I had seen Moon three times this season at unseasonable hours and near the wood with a gun. The wood is more than forty acres of cover. I tried to find the men when I heard the firing in the Ruan Wood, but could not find them. I did not recognize Moon till he was out in the road. It was then about two in the morning; I can't say exactly, but when I came into my house, after Dennis was shot, it was three o'clock. I have been gamekeeper and game assistant for twenty-five years. I have not seen the other three men since; Dennis knew them, I believe. I believe they have absconded. Re-examined: It was very bright moonlight. I had full opportunity of seeing Moon's face, and am quite certain of him. He advanced first of the party. -HENRY DENNIS deposed that he was a labourer living in Tregony, and accompanied William Towler on the night of the 17th of January. This witness corroborated the evidence of Towler. Dennis also stated that some of the shots went through his hat, and hit the skin of his forehead, making it bleed. On Christmas eve twelve months, at Bawden's public-house in Tregony, Moon sat down beside me, and said, "Harry, I understand you go out by night." I said, "Yes, I do; but I am paid for it." He said, "D..n the man who ever comes near me by night; if I meet with you, I will blow your bloody head off." -CHARLES WARNE, nephew of Towler, aged about seventeen years, was also out with him on the night in question. He partly corroborated the previous evidence, and added that he was struck by some of the shot. He himself could not positively swear to Moon being the man who fired; but as soon as the four men came out of the gate, Towler and Dennis both said, "That is Moon." -MARY GILL, wife of JOSEPH GILL, at the Red Lion Hotel, Truro, stated that after ten o'clock on Saturday, the 18th of January, Moon came into the Red Lion Tap. There was a man with him who had a bag. Moon asked to be allowed to leave the bag there, and she told him to put it in the inside room. He did not tell her what was in the bag, but it appeared full. He afterwards told her that he had some pheasants to part with; but he did not say they were in the bag, nor where they were. -JOHN PEARCE, postboy at the Red Lion Hotel, stated that he saw Moon at the Tap on the morning of the 18th of January. He said he was a gamekeeper under Mr. Gregor, but if he were a poacher, he would shoot any man who came near him at night. -WILLIAM WOOLCOCK, Truro, policeman, proved that on the 18th of January, he had a warrant for the apprehension of Moon, and went to his residence at Tregony, but could not find him. It was not till the Wednesday week following that he was apprehended. -For the defence, Mr. MAYNARD addressed the jury, suggesting that the evidence ought not to satisfy them that Moon was one of the four men; and next, that even if the evidence as to identity was satisfactory, there was no proof as to the intentions imputed to him in the indictment. After a careful summing up the Jury found the prisoner Guilty on both counts. There were two other indictments against the prisoner - one for shooting at Henry Dennis, and the other for unlawfully entering inclosed land on the 17th of January last, with the other three or more men, with intent to destroy game. No evidence was offered on either of these indictments. The JUDGE asked why there were two indictments on this one transaction. He could understand, if a prisoner was charged with several offences all distinct, why a reasonable number of indictments should be sent up; but here there was but one act. He could not allow the expenses of the prosecution. On Saturday the prisoner was placed at the bar to receive sentence. On being called on by the Clerk of Arraigns, he said, "I have a few words to speak; I hope and trust your lordship will have mercy on me; I have a wife and three small children." The JUDGE said, you have been found guilty of the offence of shooting with intent to do grievous bodily harm. There were some circumstances that occurred in the course of your trial which induced me to direct inquiries to be made, and which have turned out satisfactory. In the course of the trial I entertained some doubt whether you did really intend to do any mischief; and from the report I have had, my doubt as to the mischief you intended to do has been very much increased. You were breaking the laws of your country, and invading that which was the property of another, which did not belong to you; still with reference to the commission of that offence, the probability is that you would not have a charge in your gun which would do grievous mischief at the distance at which you fired; and I am willing to believe that though the offence of which you are guilty calls for punishment, that you did not intend to do the serious mischief that might have resulted from firing at persons with materials to do great mischief. The sentence of the court is, that you be imprisoned for Twelve Calendar Months, and kept to Hard Labour. ....... WILLIAM HARRIS, 25, pleaded Guilty of having, on the 25th of January, obtained by false pretences, a quantity of beef, beer, and bread, from GEORGE DANIEL, eating-house keeper, of Truro. Three Months' Hard Labour. ........ EMILY BERRYMAN pleaded Guilty of stealing, on the 18th of November last, at Uny Lelant, a cotton gown, the property of NANNY MORSHEAD. Two Months' hard labour. ........, WILLIAM MATTHEWS, 19, pleaded Guilty on two indictments - one charging him with having stolen a pair of trousers, the property of ROBERT VERCOE, at Truro, and the other charging him with stealing a calico shirt, the property of SAMUEL MUGFORD. Six Months' hard labour. ........ EDWARD SLADE, 50, was charged with stealing, on the 3rd of January, at St. Austell, a brass minute wheel of a clock, the property of HENRY ORCHARD, watch and clock maker. Acquitted. ........ MARY CLEMOW, 19, was found Guilty of stealing on the 10th of March, a gown, the property of MARIA TREBILCOCK, a servant in the employ of MR. WILLIAM ROBERTS, of Cragoes-farm, in the parish of St. Columb Minor. Sentence, One Month's hard labour. ........ WILLIAM SAMUEL COOPER, 31, was indicted for obtaining 5s. from JANE GILL, servant to JOHN ADAMS, of Redruth, by falsely pretending to her that a parcel he gave her contained 2 lbs. of tea. Mr. COLERIDGE conducted the prosecution; Mr. COLE the defense. -ELIZABETH ADAMS, wife of John Adams, stated that the prisoner, about two or three in the afternoon of the 16th of January, came to her house and offered to sell her 2 lbs. of tea for 5s. She agreed to take it; and he told her to send to the London Inn for it. She sent Jane Gill with five shillings to get it. Jane Gill quickly came back with a packet containing saw-dust. That packet she sent to the constable by Jane Gill. On Cross-examination, witness stated in was in consequence of the prisoner's representation to her that she sent the five shillings. -JANE GILL, dressmaker, corroborated the preceding evidence, and, on the production of the parcel in court, identified it, and pointed out the ingenious mode of packing which enabled the prisoner to show her some good tea by breaking the outer paper. The whole quantity of tea was about two spoonfuls. -Mr. Cole, for the defence, submitted to the court that the false pretence charged was the obtaining money from Jane Gill with intent to defraud Elizabeth Adams; but, as he contended, the false pretence proved was made to Mrs. Adams. The learned Judge, without hearing Mr. Coleridge, overruled the objection, observing that for aught that appeared, there was no false pretence to Mrs. Adams - that, in fact, it was quite possible he had with him, a stock of tea, and that if Mrs. Adams herself had gone to the Inn, he would have delivered to her good parcels of tea; but that, when a young girl came to him, he falsely pretended to her that the parcel he gave her contained nothing but tea, whereas nearly the whole of it was sawdust. Mr. Cole then addressed the jury, and suggested in favor of the prisoner, a doubt arising from evidence that another man was with him at the time of his calling on Mrs. Adams. Verdict, Guilty. Sentence, Fifteen Months' Hard Labour. ...... JOSEPH LONG, 30, was charged with having, on the 17th of January, uttered and passed several pieces of counterfeit coin, purporting to be sixpenny pieces, to different persons at Redruth. The prosecution was conducted by Mr. Moody and Mr. Stock. Evidence was given of utterance of counterfeit sixpences on four occasions during the day named; and it was stated that there were three other cases; but the Judge did not think further evidence necessary. Constables TREGONING and HODGE produced three sixpences received from the parties to whom they had been passed by the prisoner; and Tregoning proved that he found at prisoner's lodgings, some plaster of paris, a file, a razor, a piece of clay, a piece of old wire; two good sixpences, and 5 1/2 d. in copper. SAMUEL HOCKING, watch-maker, proved that the coins produced were all of base material; and that plaster of paris was used for making models. Verdict, Guilty. Sentence, Eighteen Months' hard labour. ........END of PART ONE.................. 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