WEST BRITON AND CORNWALL ADVERTISER Quarter Sessions, part 2 WEDNESDAY, JANUARY 1, 1851  WILLIAM HILL, 19, was charged with stealing a powder flask, the property of GEORGE BISHOP. Mr. STOKES conducted the prosecution; the prisoner was undefended.  Prosecutor is a barge-man living at St. Kew. On the 5th of December he had a powder flask, which was then on a little shelf on his barge, which was lying at Tregorden quay, on the river Camel, in the parish of Egloshayle. Prosecutor went to his barge on the 9th of December, and found that his flask had been taken away. On the 10th he saw a man called BROAD, and also the prisoner. Prisoner had a gun, which he gave over to Broad, who fired it. Prosecutor saw prisoner reload the gun, for which purpose he took a flask from his pocket, which prosecutor recognized to be his. On going up and asking prisoner, he denied at first that he had any flask, he said he kept his powder in paper; but at last he produced one without a top. This prosecutor identified. It appeared, however, that there had been some compromise of the matter between prosecutor and prisoner, on condition that the latter would give back the top of the flask and come shot. It came out also that a boy called KENT had the top of the flask, and that he had since absconded, thus raising suspicion of his connexion with the affair. Verdict, Not Guilty. JOHN FLINN, junr. 19, was indicted for assaulting and putting in bodily fear JAMES HARRIS a miner, and with stealing from his person one shilling. Mr. HOCKIN for the prosecution, and Mr. STOKES for the prisoner. Prosecutor stated that he was a miner living at Zelah in St. Allen. He was at Truro on Saturday, the 19th of October, and about twelve o'clock at night went into a field behind the Ship Inn to relieve himself. Prisoner and four or five others came into the field. Prisoner came up to him and said, "Holloa, I have caught you now."  Prosecutor asked "what do you mean?"  Prisoner then swore, and said he would have money to have something to drink; he said if he did not have money he would kill prosecutor, and he then seized him by the collar. The other men were standing around. Prosecutor said he gave him a shilling through fear, and prisoner and the others ran away.  He followed and told what had happened to Serjeant HARE, of the Truro police, who apprehended prisoner, and found in his pocket a shilling and a penny; the policeman said that prisoner ran away when he saw him coming.   Mr. STOKEs cross-examined the prosecutor and elicited that he had been drinking at the Seven Stars Inn for some hours, he could not say how much he drank there, or at what time he left. He was afterwards  drinking at the New Inn, but could not say how many pints he had there, or at what time he left. From further cross-examination, it appeared that prosecutor was followed into the field by some females; he said that after he had given Flynn the shilling, the men and women ran away together; he also said he was not drunk at the time. Mr. Stokes submitted that the prosecutor's evidence could not be believed, because he had given a different account now from what he gave to Serjeant Hare at the time, with regard to his going into the field for an improper purpose. Then the man, having drank so much, how could it be supposed he could identify the person who committed the offence?   He said the prisoner was dressed the same then as he was now; and yet he could not tell how any of the others were dressed. But even if the prisoner obtained the money from the prosecutor, the latter gave it to him to get rid of him and the others because he was ashamed of being caught in the field by them for an improper purpose. The Chairman carefully summed up, and the jury after a short deliberation acquitted the prisoner. The Chairman, addressing Flynn, said "You are now discharged, but the Court is aware that you are a very bad fellow. I find no fault with the verdict but if it had gone otherwise, two prior convictions would have been proved against you. Let this induce you to abandon those companions who have led you, thus far, when you have had so very narrow an escape from severe punishment." THOMAS WELLINGTON and NANCY WELLINGTON were charged with stealing two gates, three poles, a tea-kettle, and door, the property of AJOHN GRIBBLE, of Perranarworthal. Mr. HOCKIN was for the prosecution, and MR. STOKES defended the prisoners. Prosecutor stated that he has a farm at Perranarworthal, and another in Perranzabuloe, and that on the 14th of November, he missed some oak poles and gates; he had missed a tea-kettle in March last, two chains in the summer, and a door in the spring. The case, however, against the prisoners was confined to the gates and the poles; though the teakettle and door were also found in a house in prisoners' occupation. There was evidence given by EDWARD MICHELL, constable, that the poles and gates were found in an outhouse belonging to prisoner, though there was no proof that he had placed there anything belonging to the prosecutor; there was, however, evidence given by a man called TAMBLYN, that he saw the female prisoner carry the gates into the outhouse; he also saw the poles standing up in the corner of the outhouse; she told witness she was going to cover in a pigs' house with the poles. MR. STOKES addressed the jury, and called JOHN JAMES and THOMAS MICHELL, van-owner, who gave the male prisoner a good character. The Chairman told the jury they must consider whether the wife had acted under the influence or constraint of the husband, for then he would be liable to answer for the felony, if it were proved. Otherwise they must consider whether she had acted independently of her husband. The jury Acquitted the male prisoner, but found Nancy Wellington Guilty. Two Months' hard labour. MARY BREWER, 26, was indicted for stealing a sovereign, half-sovereign, three half-crowns, two shillings and one sixpence, the property of JOSEPH SMITH, of Egloskerry. Prisoner is a gipsey, and this robbery was committed on the 5th of October by one of the usual "gipsey tricks". Smith was induced to place money in the female gipsey's hands, with the promise that it should be doubled, and as might be expected he was fleeced of his money. The prisoner  was taken and committed for trial, but was afterwards admitted to bail. ABRAHAM BREWER, who was the chief of the gipsey gang then in the neighbourhood, was bound over in GBP 40 as surety for the prisoner's appearance at the Sessions; the other sureties were JOSEPH SHORT, of Launceston, who became bound in GBP 20, and JOHN PEAK, draper, of Launceston, who also entered into his recognizance for GBP 20. The GBP 40, however, it appeared had been handed over to Mr. Peak and Mr. Short, so that they ran no risk of losing the money in the event of the prisoner not appearing. The officer of the court now called in the usual manner three times on the sureties to bring forth the body of MARY BREWER, or to forfeit their recognizances. The prisoner not being forthcoming, the recognizances were forfeited. SAMUEL  JENKIN pleaded guilty of stealing, in the parish of Northhill, three granite posts, the property of MR. FRANCIS RODD. Three Months' hard labour. JOHN SPURR, 17, pleaded Guilty of stealing, on the 24th of December, at Truro, a pair of women's boots, the property of CHARLES COURTIER. MARY ANN MAY, 21, was also charged with stealing the boots, and a second count charged her with receiving the same knowing them to have been stolen. Prosecutor said he is a shoe maker at Truro, and attends the market there. JOHN SPURR had been working for him for the last eighteen months. On the 24th of December, prosecutor was assorting some shoes for the Redruth market, and discovered that a pair of women's cloth boots and three or four pairs of shoes were missing, which he had seen on the Saturday previous. F. C. JAMES stated that on the 23rd of December, John Spurr came to his shop and offered to pledge a pair of women's boots; he said they were a pair he had made for a young person, but they had misfitted. Witness refused to take them in pledge, and he then took them away with him. On the following morning, the female prisoner came and offered to pledge a pair of women's boots, which appeared to witness to be the same boots as Spurr had brought to him the evening before. She said the shoes belonged to a young man, but she refused to tell his name. GEORGE PAINE, police inspector, stated that Spurr said to his master, as they were coming away from appearing before the magistrate, "for God's sake, master, forgive me."  The jury, however, did not consider the evidence conclusive against the female prisoner. Verdict, Not Guilty. Both prisoners, SPURR and MARY ANN MAY, were next indicted for stealing two pairs of boots, about the 13th of December, the property of Charles Courtier, and the female prisoner was also charged with receiving the same, knowing them to have been stolen. In this case the boots were offered by May in pledge to MRS. BEHENNA, but the court considered that the evidence was inconclusive against the prisoners, and they were both Acquitted. Spurr, for the first offence, of which he had pleaded Guilty, was sentenced to Six Months' Hard Labour. ELIZA NORTHEY, 16, and MARY ANN COOMBE, 29, were charged with stealing, on the 29th of November, some wood, the property of WILLIAM DOWNING.   MR. DARKE conducted the prosecution. The wood was stolen from a linhay in an orchard near Launceston. Verdict, both Guilty. A prior conviction for felony was also proved against each of the prisoners. Sentence, Northey, Eight Months' hard labour; Coombe, Six Months' hard  labour. COUNTY BUSINESS  LUNATIC ASYLUM - The CHAIRMAN said he had received by that morning's post, a letter signed R. W. S LUTWIDGE, Secretary, dated from the Office of the Commissioner's in Lunacy, 30 December, 1850, and addressed to the Chairman of the Quarter Session of the County of Cornwall. [The letter contained information that visiting commissioners and visitors had reported problems with the asylum; their letters were attached...][content of the letters was not printed.] The Chairman then read over the various documents and correspondence alluded to in the above letter, containing the allegations by the two lunacy commissioners, MR. CAMPBELL and Mr. TURNER, who visited the Asylum on the 16th of September, of evils in the administration of that institution; and the reply of the visiting committee. Mr. KENDALL, on behalf of the visiting committee, now addressed the Court in answer to the allegations of the visiting commissioners, taking them seriatim, and stated that they were unfounded in fact, either based on error or defective information. We shall publish next week the whole of the correspondence, and Mr. Kendall's speech. After consulting with the magistrates present (exclusive of the visiting committee of the asylum, who retired from the court), the Chairman said it was unfortunate that the letter from the commissioners had been mis-sent to Truro, and therefore had not reached him until the second day of the sessions, when there were very few magistrates present besides the members of the visiting committee. The Court could not therefore reply to the Commissioners' letter at any length these sessions, but must defer notice of it until the next sessions, when, if required, the matter would be taken into further consideration. TRIALS RESUMED  JOSIAH WASLEY and JOHN HENRY THOMAS, were indicted for stealing a gun, the property of WILLIAM FLOYD. Prosecutor is a blacksmith, in Kenwyn, and had the gun at his shop to repair on the 3rd of October. It was stolen from his shop in the night and on the 7th of October, the two prisoners being together near Blackwater, offered the gun for sale to WILLIAM DENNIS, a miner. It appeared, however, that Thomas had nothing to do with receiving the money for the gun. Thomas was Acquitted, but Wasley was found Guilty. Sentence, One Fortnight's Imprisonment, and to be Once privately whipped. JOHN MORRISH, 46, was committed on the 19th of November, for want of sureties in a breach of the peace towards MARIA MORRISH, his wife, of the parish of St. Columb Major. The wife said she did not wish to appear against her husband, but was desirous to have him discharged on his promising to conduct himself differently towards her. The Chairman cautioned the prisoner with regard to his future conduct; he promised to conduct himself better in future, and was then discharged. The Grand Jury were discharged by the Chairman this day about one o'clock, with the thanks of the county for their services. BILL IGNORED - The Grand Jury ignored the bill against RICHARD STEPHENS, charged with stealing, on the 20th of November, at Treffrys, in Linkinhorne, six sovereigns, the property of LYNEHAM RANDALL. APPEALS  St. Teath, appellant, MR. DARKE and MR. HAWKER; Bodmin respondent, Mr. SHILSON and MR. PRESTON WALLIS.  An appeal against an order by Mr. MUDGE and MR. WARD, justices, for the removal of BETSY TREMAIN, widow of ROBERT TREMAIN, and her four children, from the borough of Bodmin to the parish of St. Teath. Mr. DARKE stated that the appellants admitted a birth settlement of the pauper's late husband in St. Teath, but proposed to set up a subsequent settlement in Bodmin borough, by the renting of a tenement called Blowing-house, from Michaelmas 1843 to Michaelmas 1855, at a rental of GBP 10 and upwards, and by being assessed to, and having paid, poor rates during that time. At the conclusion of the appellant's case, Mr. SHILSON contended 1st, that there was not an occupation by  pauper's husband, of a separable and distinct tenement in the respondent parish; 2nd, that there was no proof that ROBERT TREMAIN had been rated, or had paid rates; and 3rdly, that there was no actual proof of the payment of rent. The Court confirmed the order of removal, with common costs and GBP 2.5s. maintenance. SECOND COURT - Wednesday, January 1st, before Sir Colman Rashleigh, Bart. JOSEPH PERRYMAN, the younger, aged 33, was charged with having, on the 8th of October, broken and entered the shop of JOHN COLLETT, of Probus, and stolen therefrom a pair of boots, the property of the said JOHN COLLETT. The prosecutor stated that he was a shoe-maker living at Tresillian, in Probus. His shop was under the same roof as his dwelling-house. Early in the morning of the 9th of October, he found that his shop door had been broken open, and four pairs of shoes and one pair of boots stolen. He had since seen the boots in the possession of Mr. JAMES, a pawnbroker. GEORGE FREDERICK JAMES, stated that he was an assistant with his father, a pawnbroker of Truro. On Wednesday morning the 9th of October, prisoner brought a pair of men's boots and pawned them for three shillings. He said they were his own property. Witness has had the boots ever since in his possession, and now produced them. JOHN COLLETT recalled, identified the boots by his own work on them, and by a particular way of putting in the tongue-piece. Guilty.   Two previous convictions were proved against the prisoner. Both took place at the Michaelmas Sessions 1845. He was then convicted of breaking into the house of THOMAS TRENERRY, butcher, of Bucks Head, near Truro, and stealing a sheep, lamb, and other property; and also, under the name of JOSEPH WILLIAMS, otherwise Joseph PERRYMAN, for stealing a cow and heifer, the property of WILLIAM NORTHEY, farmer of Creed. On the first conviction, he was sentenced to One Month's Imprisonment; on the second, to Ten Years Transportation. A gentleman of the jury inquired of the Chairman, under what circumstances the prisoner had returned before the expiration of his term of Transportation; but the Chairman could give no information on the subject. In passing sentence, the Chairman told the prisoner that there was a prior conviction against him in October, 1845, when he was transported for ten years, and that he had also been convicted previously to that. Under what circumstances he had returned to this country, the court did not know, but they apprehended that under the guise of repentance and change of conduct, he had so acted as to induce the authorities to pardon him. If that were the case, it was clear he was utterly unworthy of that favour. The sentence now was that he be Transported to such of her Majesty's dominions as her Majesty in council shall think fit, for the space of Twenty years. MR. HOCKIN, who had conducted the prosecution for stealing boots, stated that the prisoner was also indicted for stealing five bushels of wheat, the property of JOHN  PLUMMER, in the parish of Kenwyn; but, it would be occupying time uselessly to prosecute that indictment after what had just taken place; and therefore he should offer no evidence on it. THOMAS MAHOLE, 45, charged with stealing, on the 9th of December, two lbs. of brass, the property of WILLIAM LANGDON, of Launceston; there was another count charging felonious receiving of the brass. MR. DARKE conducted the prosecution; Mr. MORGAN the defence. The prosecutor keeps a Foundry at St. Stephens by Launceston, and on the morning of Tuesday, December 10, he missed some brass which he had seen on his premises the previous morning. He set on foot enquiries, and his foreman brought back some pieces, which witness gave in charge to the policeman and identified in court. He had had many dealings with the prisoner, never heard anything against his honesty, and should have no objection to deal with him again. WILLIAM PROCKTER, ironmonger, of Launceston, bought the brass produced of the prisoner with some old metal on the morning of December 9th, and gave it next day to prosecutor's foreman. The value of the pieces produced was less than sixpence. He gave the prisoner a good character for honesty, and should have no objection to deal with him again. BENJAMIN SAMBELL, police officer, detailed all the circumstances connected with the prisoner's apprehension. Two boys, named MARTIN and BICKLE, sold some old brass to prisoner on the evening of the day in question, but not the pieces of brass in question. Martin had been occupied at work with his employer all that day. The defence was, that the pieces of brass were sold by these boys on Saturday night, and that Mr. LANGDON must have been mistaken in thinking he saw them on the Monday. JOHN DODGE, labourer, in the employ of the prisoner, but who had been discharged from jail three months ago, where he had been committed for breaking into a house and stealing money, and MARIA HICKS, sister of the prisoner's wife, gave evidence to   implicate the boys; and THOMAS BROWN, dealer in marine stores, and WILLIAM EDGCUMBE, carriage builder of Launceston, bore testimony to prisoner's character. Mr. DARKE replied; and the case went to the jury, who retired for consultation.  After being absent from court about an hour and a half, they returned, and delivered a verdict of Guilty of Stealing. Sentence, Six Months' hard labour. RICHARD PEARCE, 32, charged with stealing on the 20th of October, a six feet pole of sycamore, the property of WILLIAM WILTON, of South Petherwin.  Verdict, Guilty. One Month's hard labour. SAMUEL TREVENA, 15, charged with stealing, on the 22nd of November, from the person of HUGH BROWN, four shillings, four sixpences, one fourpenny piece, and one penny, the property of the said HUGH BROWN. Hugh Brown, examined by Mr. DARKE, said he lived in the parish of Stithians. On Friday, the 22nd of November, which was West  Wheal Buller pay day, he received a sovereign and a shilling, and afterwards changed the sovereign at the De Dunstanville Arms, Redruth. In change, he received a half-sovereign and some silver. He wrapped up the half-sovereign in his bal-bill, and put it in his trousers pocket; and put the silver in his right waistcoat pocket. He remained at the De Dunstanville Arms, and drank too much beer; and his recollection was not very perfect of what happened afterwards. When he came to himself, he found that he was in an outhouse, with a policeman, about a quarter of a mile out of the town. The policeman told him he had been robbed. Witness then searched his pockets, and found the half-sovereign right, but all the silver gone. He ought to have had about five shillings. He then gave his half-sovereign to the policeman to take care for him; and the policeman also took care of him for the night. JOHN HARRIS, a servant of Mr. JOHN HAYES, at Redruth, was at the De Dunstanville Arms about  half-past eight o'clock in the evening of the 22nd of November; and saw the prosecutor leave the house very much intoxicated, unable to help himself.   The prisoner led him out from the door, and about thirty yards off he fell to the ground. Witness and a man called RICKARD, and two or three others, went forth to help him up, and then Trevena took him again and walked him away. Witness and Rickard followed, as far as the Buller's Arms. Trevena could not get Brown on further; and witness and Rickard assisted and put him into an outhouse a little above that Inn. Witness, Rickard, and Trevenna then came away. As they came down the lane, prisoner stopped behind, and witness halloed to him; and after a little while he came running after them, towards the Buller's Arms. Witness and Rickard went away towards their houses in Buller's Row, but still watched Trevena; they could see by a gas-light that he did not proceed to his own home, but went back to the outhouse where Brown had been placed. Witness and Rickard followed him on the watch, and found that he had rolled back the stone which they had placed to secure the door from cattle, and was inside the house. Witness and Rickard watched by the door, in order to catch him coming out. When he came out, witness saw money in his hand, and immediately closed his hand upon it and held it fast,and said "Hallo, young man, what have you been about?" Prisoner  tried to let the money drop, but witness would not let him. Prisoner then said "Oh, forgive me, Harris; 'tis the first time, and I want a pair of shoes and a cap."  He then threw out the money into witness' hand - four shillings, four sixpences, a fourpenny, and a penny piece. They then brought him down into the street, and delivered him into the custody of the policeman Tregoning. JOHN RICKARD confirmed the evidence of last witness.  CHARLES TREGONING, policeman of Redruth, remembered the prisoner being given into his custody by the two last witnesses, and the money also which he now produced. He then went to the outhouse and saw the prosecutor there and took care of him for the night. He was then intoxicated, but was coming a little more to himself. It was after 11 o'clock at night when the prisoner was given into his charge. The jury took the trouble to consider the case for a long while, and returned a verdict of Guilty. The Chairman ordered that the prosecutor's expenses should not be allowed him; if he had kept himself sober, most probably he would not have been robbed. The prisoner was sentenced to Four Months' hard labour. The jury were then discharged. 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