West Briton and Cornwall Advertiser. Friday 14th February, 1851. Part Two. TO THE EDITOR OF THE WEST BRITON. February 3rd, 1851. - The Brig "New Commercial," Captain SANDERSON, wrecked on the rocks known as the Brisons, or Two Sisters, in Whitsand Bay, on Saturday January 11, 1851. Sir - The late awful shipwreck in this locality having caused great excitement, I was not surprised when I heard that conflicting statements were in circulation respecting the comparative merits of the gallant men who rendered efficient service on that occasion. But as such vague rumours frequently originate with parties who have sinister motives in spreading them they need not (generally) claim much of our attentions. If, however, unintentionally or otherwise, misstatements appear in the public journals, or if the courageous and praiseworthy acts of poor men (who are incapable or who might refrain from doing it themselves) are not sufficiently made known, it seems to be the duty of some one, after diligent inquiry, to correct the first and also to bring the services of the latter more prominently before the public. In the times newspaper of January 31st, is the following paragraph:- "THE LATE WRECK ON THE BRISON ROCKS - Yesterday at the fortnightly meeting of the committee of the Royal National Institution, for the preservation of life from shipwreck, after awarding various sums to boat's crews for rescuing lives from shipwreck, it was agreed the gold medallion of the institution should be presented to Captain GEORGE DAVIES, inspecting commander of the Penzance Coast Guard station, as a mark of their appreciation of his gallant and humane exertions in proceeding with his boat's crew, (consisting of four Coast Guard boatmen, who are respectively to receive the silver medal of the institution, for so nobly seconding the efforts of their brave commander), under his direction to the Brison rocks, in a tremendous sea, and at the imminent peril of his life, firing a rocket apparatus from the boat, and thereby being the happy instrument under Divine Providence, of rescuing from their perilous situation the master and his wife, (who was his companion during the terrible night on the solitary rocks, but who unfortunately died soon after she was brought ashore), of the ill-fated brig "New Commercial," wrecked at that place on the 11th instant. The committee also agreed that the gold medallion should be presented to Mr. T. R. FORWARD, commander of the Revenue cutter "Sylvia," in acknowledgment of the intrepidity and self devotion displayed by him on that distressing occasion; and his brave crew of five men are each to be presented with a silver medal; and the ten fishermen and the miner, in consideration of their daring and valuable services in rescuing the mulatto from a floating piece of the wreck are awarded GBP11 to be divided among them. We may observe that Captain Davies has on three different former occasions been presented with the silver medal of this old and valuable institution, which never elected more meritorious acts of gallantry for the distribution of its honorary and pecuniary rewards than those just recorded." Now the portion of that paragraph on which I shall make a few remarks is as follows:- "And the ten fishermen and the miner in consideration of their daring and valuable services in rescuing the mulatto from a floating piece of the wreck are awarded GBP11 - to be divided among them." It would appear, therefore, from the above, that ten fishermen and a miner were engaged in rescuing the mulatto from the wreck, when in truth, five "daring fishermen" only, in the boat "Grace," gallantly left Sennen Cove on the Saturday, contrary to the entreaties and wishes of their relatives, and to the consternation of comparatively brave men who witnessed it; and having proceeded to the extremity of Whitsand Bay, off Cape Cornwall, succeeded, unassisted, in preserving the life of the mulatto. Upwards of an hour had elapsed (from the time of the rescue) when, nearly opposite Sennen Cove, they were met by the "Sylvia" cutter which was proceeding in the direction of the wreck on the same humane errand. Names of the crew of the "Grace" on that perilous day (Saturday), WILLIAM ROBERTS, JOHN PENDAR, THOMAS NICHOLAS, MATTHEW NICHOLAS, and JOHN NICHOLAS,) and in the afternoon was the fortunate boat in taking Capt. SANDERSON from the rock as the statement of WILLIAM ROBERTS, which I have given as nearly as I could in his own words, will confirm. And here I may mention that I have read that statement to Capt. Sanderson, to the Coast Guard at Sennen Cove, to the remainder of the crew of the "Grace," and to SAMPSON NICHOLAS (pilot to Capt. Davies), and, so far as they had an opportunity respectively of judging of its contents, they all said it was true. The boat "Two Brothers" was actively engaged on the Sunday, and her crew only (of the fishing boats) was entitled to be classed with the crew of the "Grace" on that day. But in the distribution of the GBP11, the crew of the "Grace" have only received GBP5 for rescuing the mulatto on Saturday, and for having taken Captain Sanderson from the "Brisons" on Sunday, whilst the crew of the "Two Brothers" have received an equal share (GBP5) for their services on Sunday. But I have not yet enumerated the whole of the merit which belongs to the crew of the "Grace" on the 2nd instant, (February) that being the first day since the late shipwreck on which a landing could be effected on the Brisons. William Roberts was foremost in setting his foot on that desolate rock; its name Brison in the Cornish language signifies a prison. He was in quest of any thing which the late much lamented Mrs. Sanderson or her husband might have left there, but few articles however were found, those he gave in charge of Mr. MAXEY, officer of the coast guard. I have already hinted in this letter that my object in writing it was to represent more particularly the services of poor men, who were either incapable of doing it, or would rather refrain from bestowing eulogy on themselves, and so far as I have been able to obtain information on the subject, I have faithfully performed that duty. I should be guilty, however of a most unpardonable omission were I to leave unnoticed the gallant conduct of Captain Davies, R. N., late Inspector of the Coast Guard, who, at great peril to his life, fired the rocket which conveyed the line to the rock, and thereby rendered the inestimable service of opening a communication between it and the boats in attendance. The noble conduct of Mr. Forward of the "Sylvia" and his crew in their attempt to approach the Brisons on the Saturday, and the dauntless manner in which they encountered the surf in their endeavour to save Mrs. Sanderson on Sunday, deserve the warmest commendation and thanks. The services of the Coast Guard also from Sennen Cove should not be forgotten, they having attempted to throw a line to the Brisons on Sunday morning at great personal risk. They did not succeed, but the act was most meritorious. I was an eye witness to the indefatigable exertions of Mr. and Mrs. Maxey in their endeavours to resuscitate Mrs. Sanderson after she was brought on shore, but have reason to believe she expired soon after she was taken into the boat of the "Sylvia." The attention and sympathy of Mr. and Mrs. Maxey were next bestowed on the bereaved husband, who doubtless will gratefully remember the kindness and hospitality he has received from them. A few more words respecting the "fishermen." It is the opinion of many of my friends, in which opinion I concur, that notwithstanding when money only, or medals only, are to be awarded to poor men for meritorious actions, the former would generally be the most beneficial to them, yet in this instance of the crew of the "Grace" - men who behaved so nobly in rescuing the mulatto - in taking Capt. Sanderson from the Brisons, and, in fact, from first to last, since the late sad catastrophe, have so ably performed their part, it would seem to be a source of regret, if, in addition to money, they were not to receive medals, or some other lasting memorials, for their bold and intrepid conduct. Well might "Nauticus" say of the "Grace" (in the letter which accompanied his donation to the mulatto and the poor fishermen) "so fit a name for the boat of such a crew." I am, Sir, Your most obedient servant, JAMES TREMBATH. P.S. - I regret that I have reserved for a postscript that which I intended to have mentioned before; Mr. JAMES of Bonowall, in St. Buryan, Mr. S. H. JAMES, his son, of St. Just, with Mr. ALFRED CHENHALLS, Mr. BOYNS, and others, of the same parish, were most actively engaged on the Saturday in sending messages to Sennen Cove, St. Ives, and elsewhere, with the hope of having the poor mulatto rescued (if possible) from the wreck. It was those gentlemen who prompted the crew of the "Grace" to embark from Sennen Cove on that eventful day. Mayon House, Sennen, near Penzance, February 5, 1851. Statement of WILLIAM ROBERTS, one of the crew of the boat "Grace" who succeeded in taking ISAAC WILLIAMS from the wreck off Cape Cornwall, on the 11th January, and Captain Sanderson from the Brisons the day following:- On Saturday the 11th of January, about eight o'clock in the morning, I was informed in my own house that there was a wreck on the Brisons. I went to Cove to try if I could get a crew to go there to see if any man was in danger, and if so to save his life if possible. I got men to assist me in launching the boat nearly to the beach, when some of them, who meant to have gone, refused, in consequence of the rough sea. The boat was then drawn up to the place from whence she was taken, but I remained in the Cove. About one o'clock in the afternoon, Mr. Boyns of St. Just, came to Cove and inquired for me and said there was a man on the wreck to the back of Cape Cornwall, that he had been sent down to request I would go up and try to save his life, and promised five pounds for doing so. I told him I would not go for any money, but I would do so to save the poor man's life. I got a crew with some difficulty and succeeded in taking the man from the wreck. "On my return home from Cape Cornwall I saw a man on the Brisons who waved his hat to me, and I made him understand that I saw him by taking off mine and doing the same. The sea was then so rough that it would have been quite impossible to have taken him from the rock. About six o'clock on the following morning (Sunday) I again engaged a crew and went to the Brisons, having in the boat such lines, ropes, &c., as I thought would have been sufficient to take the man (or more persons, if there,) off the rock. I conversed with Captain Sanderson immediately on my arrival there, who thought it would be best to defer any attempt to take him off till the evening, that being the time of low water, Captain Sanderson also asked me to remain near till then, but that was unnecessary, as after the line was thrown, I took him off before low water. "The boat which arrived at the Brisons on Sunday morning, next to mine, was the "Two Brothers" belonging to SAMPSON NICHOLAS, "of the cellar," but he left soon afterwards and went outside the rock. "Matthew Nicholas's boat, the "Friends' Delight" was the next which came, but did not remain long because the crew went back to the Cove for a musket and brought it to the Brisons with the hope of firing a ramrod, with a line fastened to it, over the rock. Then came the boat belonging to the Coast Guard at Sennen Cove about the time of half flood-tide, when I agreed with the crew of her that we would help each other. They then proceeded towards the rock and tried to throw a line over it by means of a lead attached, but the lead unfortunately struck one of the boat's oars and it fell short. No other attempt was made to throw a line until Capt. Davies arrived with the rockets, who alone and in the boat, I believe, in which he came from Pendeen, fired the second rocket successfully. The "Two Brothers" returned again and Sampson Nicholas was pilot to Capt. Davies, that boat and the boat from the "Sylvia" cutter were then put in position to take Mrs. Sanderson from the Brisons, the sea, however, was so rough at the time she jumped into the water that it was impossible to save her life. Mrs. Sanderson was taken from the sea into the cutter's boat and Capt. Davies went into the boat where she was immediately. I then pulled up my boat to Capt. Davies and asked him if he would let me try to take off Capt. Sanderson, when he said "You, or any one else." I soon afterwards made the attempt and succeeded. As soon as Capt. Sanderson was in my boat I took off his wet clothes and put on him dry ones from my own person, and some from THOMAS NICHOLAS one of my crew. We then proceeded to Sennen Cove and arrived in safety." SHERIFFALTY - We understand that Mr. WILLIAM WILLIAMS, the High Sheriff of this county, has appointed Mr. P .P. SMITH, of Truro, the Under Sheriff, and Mr. WHITFORD of St. Columb, the County Clerk. MARRIAGE WITH A DECEASED WIFE'S SISTER - We are glad to learn that a petition to the House of Lords, from the town of Truro, has obtained no less than 248 signatures, including the names of many of the most respectable and influential inhabitants of the town. Petitions numerously signed have also been sent up from St. Agnes, Grampound, and Tregony. REDUCTION OF RENTS - At the recent audit of Mr. JOHN HEYWOOD HAWKINGS, held at the Cornish mount Inn, Probus, that gentleman, through his agent, Mr. TRETHEWY, made the liberal reduction to his tenantry of twenty per cent. Mr. BERNARDO EAGLE - Mr. EAGLE requests us to publish the following, in answer to a statement given by Mr. ISAAC LATIMER in last week's paper:- It is with great surprise that I find a letter in your paper signed Isaac Latimer, charging me with reading a letter at Liskeard, purporting to come from him denying any opinion that might have appeared in the Plymouth Journal. In the first place it is now nine weeks since I visited Liskeard; his own correspondent was present, and it is rather singular he did not mention it before this, but the truth is I never did read such a letter either publically or privately, which can be testified on oath by persons of Liskeard and by my own company. Mr. Latimer's former attacks on my character as a public performer, did me to some extent an injury; though not with the one and all Duchy. This last vindictive act charging me with forgery, I have placed in the hands of legal advisers. This public refutation being placed in your columns, will greatly oblige your's and the public's obedient servant, G. B. EAGLE." METEOROLOGY - We understand, on the authority of Mr. H. TREBY, that the rain which fell at Landue, near Launceston, during 1850, amounted to 49.94 inches, the falls having occurred on 174 days. At St. Breock, near Wadebridge, the quantity was 35.66 inches, on 199 days. An observer at Bodmin informs us that the quantity which fell there during last years was 40.72 inches, which he considers to be seven inches below the average. PRESENTATION OF MEDAL FROM THE ROYAL HUMANE SOCIETY - It will probably be in the recollection of our readers, that in August last, a boat containing four individuals was upset in Mylor Creek, when Mr. TRESEDER, nurseryman, of Mylor Bridge, was unfortunately drowned. One of the party swam ashore, and the other two were saved by the presence of mind and prompt exertions of a lad, son of Mr. WILLIAM HAWKE, of Flushing. The circumstances were made known to the Royal Humane Society, who awarded Hawke a bronze medal, and a vote of thanks beautifully inscribed on vellum. These were transmitted for presentation through the Falmouth Humane Society, and on Wednesday last, Mr. R. W. FOX, F.R.S., the President of this society, presented them, with some appropriate remarks to Hawke, in presence of a large company of gentlemen of the town and neighbourhood. The following is a copy of the vote of thanks:- "Royal Humane Society, Instituted 1774, supported by voluntary contributions; Patroness, Her Majesty the Queen; Vice Patron, H. R. H. the Duke of Cambridge, K.G.; President, His Grace the Duke of Norfolk, E.M. At a meeting of the committee of the Royal Humane Society, holden at their office, 3 Trafalgar Square, on Wednesday 15th of January, 1851, BENJAMIN HAWES, Esq., in the chair, it was resolved unanimously, that the courage, promptness, and cool self-possession displayed by WILLIAM HAWKE on the 3rd of August, 1850, in a dark night by wading out to a small Norwegian boat called a prame, unmooring her, and rowing to the assistance of JOHN MITCHELL and JOHN TREGENZA, who had been upset from a boat near Mylor Creek, Falmouth, Cornwall, and by whose judicious exertions, in which his own life was endangered, both lives were saved; has called forth the lively admiration of this committee and justly entitled him to its sincere thanks, inscribed on vellum, in addition to the honorary bronze medal of this society, which are hereby awarded. (Signed) Norfolk, President; Benjamin Hawes, Chairman; J. CHARLIER, Secretary. SEASONABLE BENEVOLENCE - Capt. OATES, of Roseinvale, in Perranzabuloe, has placed in the hands of a committee of gentlemen the sum of GBP20 to be distributed among the industrious poor of that parish. He has also entrusted the same sum to a committee at St. Agnes, for similar purposes. These liberal donations are given in addition to his handsome subscriptions to the Benevolent Societies of both parishes, and his yearly distribution of coal and clothing at Christmas. DISASTERS AT SEA - The schooner "Nimble," of Penzance, Captain MARTIN ELLIS, belonging to Mr. JOHN ORGALU, bound from Malta to Mogadore, with a cargo of barley, arrived at Mogadore on the 11th of December. On the 21st, in a gale of wind from N.E. she parted both cables, eighty fathoms each cable, and drove ashore. The crew left the vessel directly the cables parted, and went on board the schooner "Midge" of Exeter, where they remained a week, and then went ashore, where they continued a fortnight under the care of the Consul. SAMUEL YOUNG, one of the crew, came home in the schooner "Skyrocket," of Rye, and arrived on the 2nd of February, at Dartmouth. He was sent to Plymouth on Wednesday week, on which day he proceeded to Penzance by coach. FARM POSSESSION - On Monday last, Mr. CORYTON ROBERTS, and the Rev. SAMUEL WALLIS ROBERTS, county magistrates, attended at Landulph, to give Mr. JOHN HEARD (the owner) possession of a deserted farm, in accordance with the statutes 2 Geo. 2, cap. 19, and 57 Geo. 3, cap. 52, the information and notice hereby required, having been previously made and affixed. It appears the tenant who deserted the premises, a Mr. JOHN McCOURT had no cause of complaint against his landlord, who had acted most liberally towards him. CALLINGTON - At a petty sessions held on Thursday last, after some parochial business was transacted, the following cases were heard:- Captain KEMP of the Wheal Trelawny mine was summoned by six men for the sum of GBP21. The men said they were employed at so much per stem, but the captain said it was tut-work. After a good deal of discussion it was at last resolved to refer the case to arbitration; Captains OSBORNE and DUNSTAN are appointed to value the work. Mrs. RICKARD, of Gunnislake, summoned JOHN MADAVAR for an assault under the following circumstances:- Madavar lodged with Rickard and owed the sum of GBP3 for lodgings, he wanted to carry away his box, when Mrs. Rickard with the servant maid endeavoured to prevent him, and in the scuffle Mrs. Rickard said Madavar struck her - fined 6d. and expenses, the man said he had no money, committed for ten days. JOHN GRAY was summoned by RICHARD GUESS for an assault. Gray admitted the assault, but stated that about a year and half since his wife had packed up her clothes and gone away with the plaintiff, leaving him with five children, the youngest only three months old. The woman is now in the union house at Launceston, and the assault took place on his first meeting with Guess after they went - fined 6d. JOHN BUDGE, was summoned by Mr. WILLS, for breaking open a door. Budge rents a small farm of Wills, and owes more than one year's rent. Wills can't get any money, nor is there anything to distrain. Wills then took possession by locking up the door without giving any notice, it turned out that Budge had a lease in the estate of two years unexpired. The justice said, "why Mr. Wills you are the transgressor. Wills paid all expenses, case dismissed. SELLING SPIRIT WITHOUT LICENCE - On the 7th instant, MARIA BRYANT widow, was summoned to appear at the Guildhall, Falmouth, for an infringement against the Excise Laws. Mr. CORNISH and Mr. R. R. BROAD were on the bench, when Mr. MOORSHEAD, on the part of the board, stated that the defendant, Maria Bryant, had been summoned, but on being called she did not answer. He then called Mr. PIPER, an officer of Excise, who proved the service of the summons, and JOHN TOY and WILLIAM PERKINS, who acknowledged to being in the house of Maria Bryant, and had spirit, but did not pay for any. JOHN ROWE stated he was there on the day spoken of, the 25th of December, and had some spirit and paid 1s. for it. The case being proved, the bench said in consequence of the smallness of the quantity proved to be sold they should mitigate the GBP50 fine to GBP12. 10s. Mr. Moorshead said he was satisfied, as it would show persons that they were not to infringe on the rights of licensed houses. CRUEL USAGE OF A BOY - On Friday last, ROBERT BROWN, the master of the brig "Thorborne," of Shields, then laying in Falmouth harbour, and WILLIAM SMITH, the mate of the same vessel, were summoned by a boy called CHARLES MACARTHY, who was an apprentice to the owners of the ship. It appeared that the master and mate were in the continual habit of beating the boy, and the witnesses who were called although evidently wishing to screen the master and mate, admitted enough to convince the bench that the assault had been proved and also that the boy had been kept short of provisions. The captain and mate said in defence, they only gave gentle chastisement, as he was fit for nothing on board, and they could not get him to do anything. The bench decided that the boy was not treated as he ought to have been, and fined the parties 5s. each and expenses, or one week's imprisonment. The captain was also ordered to cancel the boy's indenture, and after some grumbling on the part of the captain, the boy was discharged from the ship and the fines paid. The lad was sixteen years of age, a native of Cork, and had a most pitiable appearance. He stated that he had had his thumb nail knocked off by a blow from a broom by the captain, and that he was continually beaten with ropes and any thing else which came in the way. ROBBERY AT PENZANCE - On Monday night last, the shop of Mr. PETER ARTHUR, watchmaker, Penzance, was broken into, and property, in watches, &c., to a considerable amount, taken away. The thieves remain as yet undiscovered. On the next night (Tuesday) the shutters of several shops were taken down, but nothing stolen. This is supposed to have been a frolic, to show the unprotected state of the town during the night. INCENDIARISM. - Between eleven and twelve o'clock on the night of Tuesday last, a hay-rick belonging to Mr. S. BENNALLACK of Probus, containing about 2 1/2 tons was discovered to be on fire; every effort was used to extinguish the fire, but the wind being very brisk it was of no avail. The whole was consumed. Strong suspicion rests on two individuals in consequence of a conversation being overheard, but whether strong enough to convict them is at present uncertain. CORNWALL COUNTY COURTS - Truro - DUNSTAN v. DREW - This was a summons after judgment. It appeared an order had been made on defendant to pay GBP44 for rent; that he had been committed in November last to Bodmin for forty days for non-payment, and had returned from prison, and plaintiff wished now to commit him a second time. Mr. HOCKIN was proceeding to examine defendant as to the transaction with plaintiff previous to the action being commenced, but Mr. CHILCOTT objected that all previous frauds or defaults had been purged by the imprisonment, and that the court had no jurisdiction to commit a second time, unless there was a fresh fraud or default under the 103rd section of the act. His Honour ruled that the objection was valid, and then Mr. Hockin proved that defendant still held possession and kept his house locked up, so that plaintiff could not distrain. Mr. Chilcott objected that there was not a fresh default. The house has been so locked up ever since the action commenced, and therefore though it might be a continuing default, it was not a fresh default, which the act required. His Honour said as the case involved important principles, he should defer his decision. Helston - At this Court on Monday last, there was no case of any interest, excepting that of POPHAM v. NICHOLAS. This was an action tried at the former sittings, and was in tort for the value of certain tin carried off by defendant from Pengelly mine, in the parish of Crowan. The real question being whether or not the licence to work in this mine having expired, the plaintiff was entitled to recover. The facts proved were that defendant and others had worked up to the 26th day of October last, for two years under different licences from the plaintiff, and had expended large sums of money, and regularly paid dues. The last licence expired in October last, and plaintiff then gave defendant notice not to work any longer, but defendant continued in possession and continued the workings. Mr. BENNALLACK and Mr. PLOMER, for defendant, contended that this action was in that this action was in reality brought to try the right to an incorporeal hereditament, and that the jurisdiction of the Court was ousted by the 9th and 10th Vic., c. 95, s. 58. Mr. T. ROGERS and Mr. HILL, for plaintiff, contended that assuming the defendant's objection to be valid under certain circumstances, yet still that there was no evidence to bring the question of title before the Court. His Honor at the trial said he would take time to consider. Mr. Plomer now mentioned that he was instructed to apprise his Honor that the plaintiff had filed his petition in the Vice-Warden's Court, and had given notice of an application for an injunction against the defendant and others. His Honor then delivered his judgment, to the effect that he thought the defendant had made out a fair case to show that he was working upon a bona fide supposition; that he had a right to do so; that it was clear the defendant had worked for a long period with the leave and licence of the plaintiff; and he thought there would in reality have been no difference between this action and an action of quare clausum fregit, as argued by defendant's advocates. He should therefore hold that the title was a question, and dismissed the case. Penzance - At this court, held on Tuesday last, there were thirty-nine cases entered for trial, two of which were adjourned from the last court. MILLETT and BORLASE v. TREGURTHA - The plaintiffs appeared in person. Mr. PASCOE was for the defendant. This was an action brought by the plaintiffs, solicitors of Penzance, for recovery of two bills of costs, amounting to GBP17. 10s. 11d., for two actions brought respectively in the Hundred Court of Penwith and Court of Queen's bench, to recover a debt due to the present defendant, from a person called Gwennap. The defendant denied his liability on the ground that he had never instructed the plaintiffs to bring the actions, and that other parties, namely, Messrs. DAVY, merchants, of Penzance, were the proper parties to be sued; this was the point at issue. Several witnesses were examined, whose evidence is shortly embodied in the following statement of facts. The defendant in 1846 stood indebted to Messrs. Davy in a large amount. Gwennap, the party above mentioned, owed defendant GBP37. 18s. 4d. This debt defendant agreed to make over to Messrs. Davy on account of their claim on him. To obtain payment from Gwennap it was found necessary to resort to compulsory measures, which were taken through the plaintiffs, who were the attorneys of Messrs. Davy. These proceedings failed in their object, and the costs thus incurred the plaintiffs now sought to recover from the defendant. The defendant stated that in addition to the fact of his never having given instructions for or authorized the proceedings against Gwennap, an arrangement had been entered into between Messrs. Davy and himself, whereby they had agreed to indemnify him against the costs of the proceedings. Defendant's statement of his never having authorised the proceedings against Gwennap was rebutted by plaintiffs' managing clerk, Mr. BELLRINGER, who also stated the defendant was the party debited in the plaintiffs' books with the costs in question. His Honor thereupon decided that defendant was liable to pay the claim, and that his remedy, if any, was by an action against Messrs. Davy on their indemnity. His verdict was therefore for the plaintiffs for the amount claimed. EDWARDS v. UREN - This was an action to recover possession of a tenement known as "Hodge's Tenement," in the parish of Ludgvan. The plaintiff is the mortgagee of the premises in question. The plaintiff's attorney, Mr. Edmonds, stated that in consequence of the non-payment of the interest due on the mortgage he had called on the defendant several times, that in 1848 he (the defendant) agreed to become the tenant of the premises under the mortgagee at the rent of GBP16 per annum. Mr. Edmonds admitted that he did not expect to get any rent of the defendant, and in fact the arrangement appeared to have been made with the view of obtaining possession of the premises under the 122nd section of the County Courts Act. Mr. Pascoe for the defendant, called various witnesses who proved that in 1848 the defendant was quite imbecile, and incapable of making any agreement whatever. It also appeared that the premises mortgaged to the plaintiff were leasehold, and had lately passed into the possession of the owners of the freehold, Messrs. MICHELL of Truro, in consequence of various breaches of the covenants contained in the lease. Notwithstanding this fact, the plaintiff's attorney elected to take the Judge's decision, which was in favour of his application.