WEST BRITON AND CORNWALL ADVERTISER ASSIZES, part 5 SATURDAY, March 29 ATTEMPT TO INFLUENCE A JURY - The Court was about to proceed this morning with the trial of WILLIAM BARTLE, who had been acquitted on the previous day of a charge of sending threatening letters, and was now about to be tried on another indictment. When the jury were assembled, however, before they were sworn, the Lord Chief Baron rose, and asked whether any of them had received any improper communication in regard to the prisoner at the bar? One of the jurymen replied that he had, from the sister of the prisoner, who said she hoped he would be merciful if he was on the jury. On inquiring further, the learned Judge found that another of the jury had also been spoken to by the prisoner's sister. His lordship then stated that a very improper communication had been made to him on the subject the night before last, but the writer of the letter was apparently unconscious of doing anything so egregiously wrong as addressing him on the subject of a trial, for she had waited on him at the Judge's lodgings in the morning, expecting to have an interview, which of course did not take place. Mr. Slade, who appeared for the prisoner, said he knew nothing of this; nor the gentleman who instructed him (Mr. Plomer) ; they deplored and deprecated it. The learned Judge said he felt confident with regard to that, and he then intimated the propriety of postponing the trial. If the trial proceeded, and the prisoner were acquitted on every one of the eight indictments, he should have him detained in custody and remanded to take his trial for conspiring to write the threatening letter with John Hodge. If the jury had to sit till that day week he should take the course he had stated. Mr. Moody, for the prosecution, said he had no objection to move that the prisoner be remanded for trial, on account of improper tampering with the jury. Mr. Slade observed that it was a very wrong and indiscreet act; he had himself been besieged by the same party on his way to his lodgings; she appeared to be overwhelmed with grief, and nearly out of her mind on the subject. He now thought it would promote the ends of justice to have the trial postponed. The learned Judge retired to consult with Mr. BARON MARTIN. On his return he inquired if the Counsel on both sides acquiesced in the remand? Mr. Slade - Certainly, my Lord, I pray it. Mr. Moody also acquiesced, observing that it would be difficult for the prisoner to have a fair trial now, after what had passed. The Judge said there had evidently been a something which perhaps they ought to go a step further in, and seriously investigate. The woman, however, who had been the cause of all this ought not to come near the case on another occasion. He was told she was now in the Court. Mr. Slade - She is, my Lord. The Judge: It is a very grave offence - a very grave offence; but it is accompanied by circumstances which appear to me to show that she was quite unconscious of the wrong she was doing, and I may say the crime she was committing. I do not therefore feel called on to visit it as a criminal act, though it is criminal undoubtedly. He then directed that the case should be remanded over until the next Assizes; and that both Hodges and Bartle should be detained in custody. Mr. MOODY, in reference to something that had been said by the Grand Jury with regard to the number of indictments preferred in this case, said he took on himself the responsibility of that proceeding; all that was done by Counsel. -FRANCIS HAWKEY, 28, was indicted for felonious assault with intent, on the person of MARY BATE, of the parish of Lanteglos by Camelford. Mr. Collier for the prosecution; Mr. Slade for the prisoner. The prosecutrix lives at Pencarrow, in the parish of Lanteglos by Camelford. She is the daughter of a butcher, is also a dressmaker, and went to Camelford with her mother, on Friday afternoon the 10th of January. She went there to fit on a dress; afterwards waited at FRY's hotel to go home with her mother, but her mother having forgotten to call for her there, she ultimately went home alone. On her way she had to pass through three fields, and whilst walking through them the assault was committed on her. A considerable amount of evidence was given in the case, after which Mr. Slade addressed the jury for the prisoner. In summing up, the learned Judge said there could be no doubt that the prosecutrix had been assaulted; that she behaved in a courageous manner; that she did everything to resist the assault; that she conducted herself with great propriety, and that her resistance to the assault was successful there could be no doubt, until a person named ROOSE came up, and the party ran away. The simple question was, whether the prisoner was the man who committed that assault. He then remarked on the evidence; after which the jury almost immediately Acquitted the Prisoner. .......... THOMAS DUNSTAN STEPHENS, 28, was found Guilty of stealing four pounds weight of lead from over the porch of the Music Hall, Truro, the property of JEREMIAH REYNALDS, HENRY SEWELL STOKES, and others. In the course of the trial, the learned Judge told the policeman he ought to have brought the prisoner's shoes, which he stated corresponded with tracks near the premises, that they might be shown to the jury. The prisoner was sentenced to Six Months' hard labour. .......... SENDING A THREATENING LETTER - JOSEPH MICHELL HILL, 42, was indicted for sending to SAMUEL HILL a certain letter threatening to burn and destroy the houses, barns, ricks of straw and grain, and hay and straw, the property of Samuel Hill. Mr. Moody and Mr. Rogers for the prosecution; Mr. Cole for the prisoner. The prosecutor stated that he is brother to the prisoner, and occupies a farm in Landewednack, near the Lizard. His father died in August last year, and on the 18th of September he received a letter by post; it was in an envelope with a black edge. The following is the letter: "September 13th, 50" "It is the provence of the All mighty That is gest com to my knolege A Boute your treatement of yourself And Whife to the old man you made him Do Jest As you like so I warne you shant Do Jest as you Please By me If William is so quare t you shant find it the case With me let you go were like you shore To Be found out you meae think that Goine to Be safe Be cose you goine To live the lizard the A specimen of it in Mullion for you to go by Prapes you mat read of Samson RDILE And the fox philistines if no Foxes to Bet Cot thre may somfing in steed If the Not somfing Don very shortly you not go on Punished I warne you I not Prise you of Any more I think you in Joyment Will Be very shurt in this world silficheness will not in Duer long I Jest Let you know wot I meane you Ben A very great enemy to me Bot By god I not for get you If my life is spared vingens is mine and I will repaie so shore is a god in heving So no more JOSEPH MICHELL" Prosecutor's further evidence was that at that time he received the letter his brother resided at Camborne. Prosecutor seemed to show reluctance in giving evidence against his brother; he said he believed the letter was in his brother's handwriting, but he did not know his writing exactly. He was living at the Lizard when he had received it, but was about to remove to the parish of st. Anthony, where he had taken a farm and had some stock and a stack of hay. He had part of the property which was left by his father. -GRACE WILLIAMS, with whom prisoner lodged at Camborne, said he was known there by the name of Michell. He told her his father had lately died, and left some property, and he ought to have his share of it. Witness saw envelopes in prisoner's bed-room edged in black. -RICHARD CHAPPEL, constable, apprehended prisoner at Camborne, on the 23rd of September; he said to Grace Williams, "it is all about that letter I told you I sent my brother last week." -JOHN HARRIS, carpenter, had worked with prisoner at Camborne. Prisoner told him his father had died and left all the property to one brother, and he thought he was not served fairly; he said he had written a letter to his brother to try to frighten him to give up some of the property. He said he would serve him as Sampson served the Philistines. I asked him about that. He said Sampson tied two foxes' tails together, put a firebrand between them, and sent them into the standing corn. -WILLIAM THOMAS, of Mullion, not five miles from prosecutor's house, had a fire on his premises in July, 1849, when a dwelling-house, out-house, and some implements were burnt. Cross-examined: One person he had heard of in Mullion had some standing barley burnt. -JOHN THOMAS, of Mullion, had had premises burnt at Priske, fuel-ricks, stable, bullocks' linhay, &c. There was standing corn also burnt in August; this was published in the county papers. Mr. Cole for the defence, now pressed an objection which he had taken at the opening of the case. The act under which the indictment was framed applied only to threats to burn houses and stacks. The reference in the letter sent was to the way in which Sampson served the Philistines. By prisoner's conversation with the witness Harris, it appeared his allusion was to Sampson's sending the foxes with firebrands into the standing corn. The allusion in the letter to Mullion was likely also to have the same meaning, for there it appeared standing corn had been burnt. Now there was no statute which applied to a threat of that kind. The learned Judge concurred with Mr. Cole, and directed the jury to acquit the prisoner, observing that there was no law which made it an offence to threaten to burn a man's standing corn. The jury did not seem readily to understand this, and turned round to consider their verdict. But the learned Judge told them they were not there to make laws for the country; certain descriptions of property were protected by the statute, but not standing corn. The jury then gave a verdict, Not Guilty. SATURDAY, MARCH 29 - Before Mr. Baron MARTIN JOHN PHILIP WALKER, 17, pleaded Guilty to stealing a shirt, on the 4th of March, from JAMES TIPPET of Roche. The prisoner stated that he should not have committed the act but for distress; he had the night before been obliged to see his own shirt for food. Sentence, One Month's imprisonment. FRAUD BY AN ITINERANT BOOKSELLER - WILLIAM ARMSTRONG, 48, was indicted on two counts, for having on the 28th of January, obtained, by false pretences, three-pence from RICHARD JAMES, of Launceston, with intent to defraud the said Richard James; and three-pence from JEMIMA BROAD, the wife of Henry Broad, with intent to defraud the said Henry Broad. Mr. HUGHES conducted the prosecution. -RICHARD HAYNE, master of the Launceston National School, deposed as follows: On the morning of the 28th of January, prisoner came to the school house and wanted me to allow him to speak to the children with reference to a book which he said they could be supplied with at a very low price. The title of the book was "Fleetwood's Life of Christ". He wished me to recommend the book to them. I told him I could not do so, but if I thought anything of it I would speak to them myself. I believe there was something said about going to the parents of the children, but I am not certain what I said. -RICHARD JAMES- I live at Launceston, and have a boy at the National School. On the 28th of January the prisoner came to my house and asked me if I knew of any children who went to the National School. I said, yes, I have a boy there. He said he was just sent out from the school to say that there was going to be given to the children a nice book - a Life of Christ, and that the parents would be called on to pay the small sum of three-pence to help pay for the binding. Then my wife, in my presence, paid him three-pence, and he asked for pen and ink. He then left. -JEMIMA BROAD, wife of Henry Broad, Launceston, stated she was in her kitchen with her mother when the prisoner called. He said he was sent out collecting for a very beautiful book, the Life of Christ, but that no more than one of a family could obtain it. I asked him the expense, and he said there were eight vols. at three-pence each. I asked him if he had a book to enter it. He said he had forgotten his book, but if I would give him a bit of paper and lend him pen and ink, he would put it down and enter it in his book afterwards. I gave him paper and my mother borrowed pen and ink. He then said the good lady opposite named Martin had given him three-pence to have a book for her little girl. My mother said she should like also to have one for her little girl; and he said he should be very happy for one of a family to have one. My mother and I then gave him sixpence. When he first came to the house, he said he was sent out from the school, and that he had seen the master, who was a very nice man. -BENJAMIN SAMBELL, police officer, of Launceston. I apprehended prisoner and charged him with obtaining this money from a number of poor women, and I asked him by what authority he had obtained these three-pences from them. He said he was authorized by the master of the National School, and offered to take me to him. I sent for Mr. Hayne, who came, and in the prisoner's presence said he had not given any such authority, and also that he had refused to allow the prisoner to speak to the boys out of his presence. I then took the prisoner in custody. I searched him and found on him 6d. and a piece of paper; I asked him for his book in which he entered names, and he said he had none. I asked him from whom he had obtained money; he said he did not know; but afterwards I found a scrip of paper with two or three names. He said he had travelled for a company in London - that he had travelled for a party in Plymouth, but he got tipsy with a friend and was dismissed from his situation, and that he had applied to a gentleman in Truro from whom he had no doubt he should get a situation, and he had no doubt that that gentleman would supply him with the books. -MRS. BROAD, was recalled by the Judge, and, in answer to questions from his Lordship, said her boy was called Nathaniel Broad and was nine years old. The sixpence which she gave to the prisoner was her husband's money. She took threepence from her mother and gave prisoner sixpence. The Learned Judge directed the jury to put out of consideration the count regarding Mrs. Broad, for the evidence did not support that count. His lordship then summed up the evidence on the other count; and the jury returned a verdict of Guilty. Six Months' Imprisonment. The learned Judge spoke of the duty of protecting poor people from such impositions, and also advised that it would be better for themselves to save their money to purchase of the regular tradesmen, than to deal in the way indicated in the present case. =JAMES RICHARD TREEVE, 21, was charged with stealing a pair of flannel drawers, and seven sovereigns and a half, the property of JOHN SULLIVAN, boatman of the Coast Guard Station at Cawsand. Mr. MAYNARD conducted the prosecution. The prosecutor was step father of the prisoner, who had lived in his house. The last night the prisoner slept there was the 15th of February. On Monday morning the 17th of February, he missed from one box in the bed-room in which prisoner had slept a pair of drawers; and from another box seven sovereigns and a half. This last box had been locked and the lock had been ripped off. The prosecutor stated that there was nothing in the house locked from the prisoner but the money; he had leave to wear prosecutor's clothes. Had never given him leave to take the money or the drawers. On the 17th of February, TOZER, Devonport policeman, and prosecutor searched for prisoner some hours but could not find him; but afterwards the prosecutor himself apprehended prisoner at Stonehouse and put him to the station house. Tozer searched him and found on him a pair of drawers which prosecutor said was his. Prisoner said he had worn them for a fortnight, and had not stolen them. Tozer then told him he was also accused of stealing seven sovereigns and a half. He said he had never seen any money at all. On the following Thursday he was taken before the Rev. Mr. LEY, at Cawsand. While there, he took up a bible and kissed it, saying "so help me God, I did not take GBP 7.10s. the money I took was six sovereigns and two shillings." -ISABELLA WATTS, lodging-house keeper at Quarry-street, Devonport, stated that on the evening of Sunday the 16th of February, the prisoner came to the house and asked her to fetch him a pint of spirits, giving her a sovereign to pay for it. The next morning he had breakfast, and asked her to get him a pint of wine for which he gave her two shillings. In the course of the same day he gave her two sovereigns to keep for him, saying he was going to join the "BELLEROPHON". -The learned Judge directed the jury to disregard the portion of the case concerning the drawers. Verdict, Guilty. The prosecutor who, with much feeling, stated that he had reared the prisoner from a child, and that he had been a very honest fellow until lately, he had got into bad company, earnestly interceded, through the Counsel, on the prisoner's behalf. The learned Judge dealt with the case very leniently. He questioned the prisoner, who said he was determined to go to sea immediately if able to do so, and earn his living honestly, as he had done for three years before coming ashore this last time. He should not have got into his present scrape, if he could have got a ship. His lordship then passed the very light sentence of Three Days' Imprisonment. -MARY ANN GEORGE, 26, charged with stealing a moleskin jacket, the property of ANN OPPY, a shopkeeper of Redruth. Mr. ROGERS conducted the prosecution. The chief point of evidence against the prisoner was a statement by her to the police officer, that she was innocent of any benefit from taking it - that she had taken it from Ann Oppy's shop to give it to a woman called PRISK. Verdict, Guilty. One Fortnight's Imprisonment. -ELIZABETH ANGOVE, charged with stealing on or about the 19th of December, a black satin cloak, the property of WILLIAM MOORE, dealer in ready-made clothes at Redruth. Mr. HUGHES conducted the prosecution. The prosecutor stated: I missed a smoky brown satin cloak on the 10th of December, from my shop. On the 19th of January, I went with TREGONING, the constable, to the prisoner's house at Camborne. Tregoning asked her if she had a stolen cloak in her possession. She said no. After a little while we asked her to tell if she had a cloak in her possession. She said no, they might search her house. I searched and found in a drawer of a dresser three pieces of satin, which had been a cloak. She said she did not take it, but that Christian Prisk unhung it from a nail in my shop and gave it to her. The Judge here remarked, that in the depositions taken before the magistrates, there was not a word of evidence by Moore about any sort of admission being made by the prisoner. Charles Tregoning, policeman, also stated he did not hear her say she had received the cloak from Prisk. The Judge immediately directed an acquittal, and remarked on the importance of testing evidence given in Court, by that given when the case was brought before the magistrates. In this case the first witness stated that the prisoner made a certain admission of felonious receiving; whereas, it turned out by the evidence of the policeman, that nothing of the sort took place. Verdict, Not Guilty. The Judge ordered that the prosecutor's expenses should not be allowed. -CHRISTIANA PRISK, pleaded Guilty of stealing, on or about the 19th of December, at Redruth, a black satin cloak, the property of WILLIAM MOORE. Sentence, Fortnight's imprisonment. -PHILIP ROWE, 38, FRANCIS KELLOW BENALLACK, 32, and JAMES VARCOE, 29, were charged with stealing forty-five pounds of lead, the property of LORD VIVIAN, at Coosbean paper-mills, in the parish of Kenwyn, on or about the 3rd of March. Mr. STOCK conducted the prosecution. -MARY GILL, lives at the Red Lion Tap, in Truro; the three prisoners were there together between 8 and 9 in the evening of the 3rd of March, and drank together; they stopped but a short time. Mrs. Gill gave all the prisoners a good character. -ISABELLA WROATH, whose husband keeps a public-house in Kenwyn-street, stated that the 3 prisoners were there together between 4 and 5, and had one quart of beer. She gave all the prisoners a good character as honest and peaceable men. -HENRY PLUMMER, about 5 o'clock in the afternoon, was on the road leading to Truro to Coosbean and saw Bennallack and Varcoe going in the direction of the paper mills, and spoke to Bennallack. -ROBERT PENHALIGON was working at the mills on the 3rd of March and saw Varcoe come into the yard between three and four o'clock in the afternoon. Two other men whom witness did not know, were outside the premises, about thirty yards from Varcoe. -WILLIAM BENNY, who occupies some fields adjoining Coosbean paper mills, was in the yard of the paper mills after 6 o'clock in the evening. At the gate he saw and spoke to a man, but got no answer. The man went away. He then saw Philip Rowe; asked him what he was doing there; he answered that he had come for a specific purpose. Witness then went towards the town, and when he had proceeded fifty or sixty yards, he heard the noise of slates falling from the mill premises. Went back to the premises and saw Rowe and Francis Bennallack; they were not together. Spoke to both men - said to Rowe, "I don't think, Philip, you have any business here at this time of night; be sure you don't carry away anything." Rowe said "that's all very good what you say." While this conversation was going on, heard some slates falling from the dwelling-house. Left the two men there and walked away slowly towards the town. Saw the three men again near Carvedras and allowed them to pass on. Next saw them in Edward-street, coming in a direction from the mills, and pointed them out to a man named WILLIAM TUCKER, giving him directions to watch them, and see what they had got. -WILLIAM TUCKER stated that about quarter past seven in the evening, in Edward-street, the last witness told him to go forward to the three men he pointed out, to see who they were and what they had. Witness overtook the men and found that two of them were Rowe and Bennallack. Did not know the other. Rowe and Bennallack had, each of them, a roll of lead under his arm. -WILLIAM BURRIDGE, who keeps a marine store in the High Cross, Truro, stated that about half-past ten in the morning of the 3rd of March, Rowe brought him a piece of lead which witness purchased; it was 15 lbs. weight, and witness paid him one shilling and threepence for it. About seven o'clock in the evening of the same day, Rowe brought him another roll of lead, 29 1/2 lbs. weight, which witness purchased, and on the next morning delivered to Woolcock, the policeman. This witness also gave Rowe a good character. -WILLIAM WOOLCOCK, policeman of Truro, on the 4th of March, received from William Burridge, two pieces of lead now produced. Went with EDE and BATTERSHILL to the dwelling-house by the mill and found the pieces of lead to match exactly with the rafters. -WILLIAM BATTERSHILL, who has charge as deputy-agent of Lord Vivian's property at Truro, went with the last witness and Ede on the 6th of March to the mills, and found that a piece of lead was missing from behind the chimney of the house. The large piece of lead now produced, matched exactly with the rafters at that place; the nails in the rafters corresponding in position with the nail-holes in the lead. Had no doubt that the lead was taken from that place. -MARK EDE, mason, confirmed the evidence of last witness, and added that it was clear the lead had been removed but a very short time, when the examination was made. Most of the witnesses were severally cross-examined by the prisoners, and especially by Rowe, who showed considerable tact and ingenuity in his questions and in his subsequent defence. The jury, in accordance with the tenor of the Judge's summing up, found Rowe and Bennallack Guilty, and Varcoe Not Guilty. Rowe appealed to the Court for mercy, on the ground that he had aged parents at home. Sentence, Six Months' Imprisonment each. -HENRY BURROWS, 21, who had been tried twice already at the assizes, was now charged with stealing a sack and some barley, the property of WALTER HOOPER, farmer, Lanivet. Mr. HUGHES conducted the prosecution, Mr. SLADE the defence. -ROBERT HOOPER, a brother of the prosecutor, stated that on the 28th of January he measured nineteen bushels of barley which he put in nineteen sacks. Two days afterwards he missed sixteen gallons out of the whole quantity. Had not particularly observed the sacks. -PHILIP SIBLEY, constable, stated that having occasion to search prisoner's house with reference to another matter, he found in the chamber a bag containing barley. -WALTER HOOPER, the prosecutor, proved the bag to be his, by marks and the string. The prisoner received a very good character from MR. WHITING, innkeeper, butcher, and farmer, and from MR. RICHARD BULLOCK, who had been a farmer, and who said he was very sorry the prisoner had left his employ. The Judge, in summing up, explained the law affecting the possession of lost property, as concerning the sack, but said it was entirely out of all question to attempt to identify the barley. The jury found the prisoner Guilty of stealing the sack. WILLIAM THOMAS, who had been tried with Burrows on another indictment and found guilty, was now brought up for judgment, and he and Burrows were each sentenced to Six Months' Imprisonment. There was another indictment against Burrows for stealing on the 3rd of February, at Lanivet, a barn door fowl, the property of JOHN CHAPMAN; but on this indictment no evidence was offered. This case concluded the criminal business of the Assizes. End of Part Five - Nisi Prius to come 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