WEST BRITON AND CORNWALL ADVERTISER 24 OCTOBER, 1851 Quarter Sessions, Part 1 of 4 Thursday, October 16 (Before Sir Colman Rashleigh, Bart.) HORSE STEALING - THOMAS JEFFREY, 23, and HENRY JEFFREY, 15, were indicted for stealing a horse, the property of THOMAS THOMAS. In a second count, Thomas Jeffrey was charged with receiving the horse, knowing it to have been stolen. Mr. HOCKIN and Mr. J. B. COLLINS for the prosecution; Mr. SHILSON for the defence. Mr. THOMAS THOMAS gave evidence that he is a farmer of St. Winnow, and that on the afternoon of the 16th of September, his servant-boy put the horse to the field, but on the following morning it was missing. Inquiries were made in the neighbourhood, but without success, and hand-[bills were posted stating the loss of the horse. On the 25th of September, witness's servant went to Summercourt fair, and there found the horse. JOSEPH WALKOM said he found the horse at Summercourt fair in possession of the younger prisoner, Henry Jeffrey; witness then went for a constable. THOMAS SANDY, a labourer who works in the woods at Glynn, (near Bodmin) for Lord Vivian, was going on the morning of the 17th of September by Grey-mare Lodge gate, and saw two gipseys coming from the direction of Western Tap-house. The younger gipsey was leading a dark-bay horse; the other was walking by the side of the road. The prisoners were those two gipsies; the horse was the same as that shown him yesterday by BURROWS, the constable. It was not much after eight o'clock when he saw the men; prosecutor's house was between two and three miles from where he saw them, and they were coming from that direction. He noticed the horse because it was in better condition than the horses gipseys usually have. It was his duty to look after people trespassing on plantations; he took notice of the two gipseys; had seen them at different times during the last five years, and knew them again. He considered the horse he saw was worth GBP10. JOHN BURROWS, a constable of Saint Columb, was at Summercourt fair on Thursday the 25th of September, and was shown by the lad WALKOM a horse in possession of the younger prisoner. I went to him, and asked him the price of the horse; he said, eight guineas. After some time I asked if he would take a GBP 5 note; he said no. I then asked where his master was? He said he had no master, it was his brother's, but he could sell and take the money as well as his brother. The brother afterwards came, and I asked him if it was his horse? He said, yes. I asked him the price; he said GBP 7. I then sent for policeman Coombe, who was in the fair, and told him I considered it was a stolen horse, and desired him to take the men into custody, and I took the horse. The younger prisoner cried; the elder said he bought the horse at Probus for GBP 2.5s.; he said afterwards he gave GBP 2.12s.6d. for it. On the following day I saw the prosecutor, who identified the horse as his property. HENRY COOMBE, policeman of St. Columb, said when he apprehended the prisoners at Summercourt fair, he charged them with stealing the horse. The younger one said "it is my brother's," and nodded to the other; the elder prisoner said "yes, it is mine, I bought it at the fair, and gave GBP 2.12s.6d. for it." He said he bought it of a young man called ROBERT FIELD, of St. Neot. He said, "I thought the horse was stolen when I bought it, but they can't hang me, they can only transport me for it." As he was taking the prisoners to St. Columb, another gipsey called WORDEN, brother-in-law to prisoners, overtook them. The elder prisoner then said he bought the horse of TOM THUMB . Witness had understood since that Tom Thumb is a gipsey, and prisoner had told him that Tom Thumb and HENRY COOPER were two names for the same person. Constable Burrows was then re-called, and said he considered the horse worth GBP 10. Mr. SHILSON addressed the jury in behalf of the prisoners, contending that they could not place reliance on the evidence of THOMAS SANDY. It was very unlikely that if the prisoners stole the horse on the night of the 16th of September, they should be seen at eight o'clock next morning quietly leading it no further off then two miles from the prosecutor's house. He submitted that the witness Sandy must be mistaken as to the identity of the prisoners; and was it at all probable that Sandy should have seen the younger prisoner (fifteen years of age) going up and down the country for the last five years, as he said he had. They surely could not convict the prisoners on such testimony. At any rate there was nothing to show that the younger prisoner stole the horse, for though he was leading it at the fair, he had it in possession for his brother; he says when asked, "it is my brother's," and the brother acknowledged it to be his. He (Mr. Shilson), should, however, show that the horse was in reality bought at the Probus fair on the 17th of September, by the elder prisoner, and that he gave GBP 2.12s.6d. for it. He should prove this by disinterested witnesses; therefore prisoner's account of the transaction was quite true; and he should also show that GBP2.12s.6d. was about the value of the horse. Neither was it likely, if the horse had been stolen by the prisoners, that they would have exposed it for sale in so public a manner in Summercourt fair, about eight or nine days afterwards. He then called JAMES MICHELL, a blacksmith at Probus, who on Probus fair-day said he was acting as waiter at the Cornish Mount Inn. Probus fair was on the 17th of September. A young man came to the inn between eight and nine in the morning with a light-bay cob horse, which was placed in the stable. Witness first saw prisoner, Thomas Jeffrey, there about twelve or one o'clock. He was looking about for a horse, and the young man who brought the horse there asked him to go out and see it. He heard the young man offer it to prisoner for sale. Witness was asked to take it out of the stable, and did so. The young man said the horse belonged to him; it had no saddle or bridle on, but a halter. Prisoner said he was stopping at Tregony; he had no money with him, but would get it in a half an hour. Witness after that saw the men in the parlour together, but did not see the money paid. He was shown a horse yesterday at Bodmin, and to the best of his knowledge it was the same as the young man sold to the prisoner, but the horse was now looking much better than when he saw it at the Cornish Mount; it was about thirteen and a half hands. On cross-examination, witness said he had known Cooper since the 17th of September, and had heard him called Tom Thumb. He did not know the young man who brought the horse to the Cornish Mount; he had on a dark dress, - a frock coat, and was a respectable looking man, rather like a tradesman. Witness said he lived with his father and mother at Probus, and admitted that he was often out of work. JOHN MICHELL was ostler at the Cornish Mount, and father of last witness. He recollected a man bringing a horse between eight and nine in the morning of Probus fair day. He put it in the stable, fed it, left it there an hour or an hour and a half, then turned it out to grass, and in the afternoon brought it in between two and three o'clock; he saw the elder prisoner there and the man who brought the horse offered it to him for GBP5. After that the man asked witness to lock up the horse till called for, as the purchaser had not the whole of the money with him. When prisoner returned he received the horse from the man. The horse was a light bay, and in very low condition; should think GBP 2.12s.6d. enough for it. Had seen a horse since he came to Bodmin, but did not take particular notice of him. Witness's son told him the man who sold the horse was called Treleaven, a shoemaker; he had on a respectable dark dress. Witness had worked five or six years at Mr. DOBLE's. RICHARD WHITFORD said he is a commission agent at Probus, and his mother-in-law keeps the Cornish Mount. At the fair, he saw the horse which was sold by a man in dark clothes to the prisoner. It was about fourteen hands high, a light bay, and he heard from the man that the prisoner had bought it of him. He had seen a horse since he came to Bodmin, and to the best of his knowledge and belief it was the same horse, but so very much altered he was astonished to see it; it was now in a greatly improved condition, and as a horse improves in condition he improves in colour. There was no mark by which he knew the horse. When he saw it at the fair, it was worth very little; he did not know that he would give GBP5 for it now. He heard that the young man who sold the horse was called Treleaven, a shoemaker, and he said he lived at St. Neot. JAMES HEARN, a cattle-drover employed by MR. BRYANT, of Launceston, was at Probus fair on the 17th of September, and saw a young man there with a light bay horse about thirteen hands high. He saw the prisoner there about twelve, and again in the afternoon at the Cornish Mount; did not hear him make the deal, but saw him pay the money for the horse, GBP 2.12s.6d., in the lower parlour at the Cornish Mount. A number of persons were in the room; the younger prisoner was not there. Before the money was paid, prisoner went out, and witness heard he was gone to Tregony for the money. When the money was paid the seller of the horse stood a gallon of beer. Witness saw a short man there they called Tom Thumb. Witness had travelled the country seventeen years, but had never seen the prisoner before. He had seen a horse in constable Burrow's possession, and could swear it was the same horse as was sold to the prisoner at Probus fair; it was a light bay. He saw the horse in the course of the day several times, and different persons asked the price; at first the man said GBP 5, afterwards GBP 4, and then GBP 3.10s was named as the price; he should think it was not worth more than GBP 3.10s. The man said he had a little farm and was going to leave it, and therefore wanted to sell his horse. Witness did not then hear the man's name, but had since been told at Mr. TAPP's, at the Barley Sheaf, Truro, that the man's name was Treleaven. He should know the man if he saw him again, he looked like a farmer. The horse had a mark where the saddle was put on; he believed it was there now, but had not taken particular notice. The horse was rather darker now than when he saw it at Probus, being in a better condition, but was not worth more than GBP 4 now. JOHN HARRIS, a miller by trade, lives at Probus, and sells nuts at fairs. He saw prisoner pay GBP 2.12s.6d. for a horse to some young "gent" at Probus fair. The horse was a light bay, thirteen hands high. Witness had seen a horse in the stable at Bodmin, and believed it was the same as that he saw sold at the fair, but it was now in an improved condition. He heard the seller was ROBERT TRELEAVEN, of St. Neot; had heard since that he was a shoemaker. Prisoner was riding a grey horse at the fair. CROSS-EXAMINED: The policeman had not been able to find such a man as Robert Treleaven in St. Neot. (All the witnesses had been ordered out of court at the commencement of the trial, but this man, Harris, admitted that he had been in the gallery, and heard part of James Hearn's evidence.) HENRY WHAERTON, a travelling tinman, prisoner's brother-in-law, said they had their tent pitched near Tregony on the day before Probus fair. He was at a public-house in the lower part of Tregony on the evening of the 16th of September, and returned to his tent between nine and ten at night. His wife, his brother-in-law's wife, Henry Jeffrey (the younger prisoner), and children were in the tent. He and his brother-in-law had each a horse, and turned them on the roads. They then had supper and went to bed he and his brother-in-law, and they both got up between six and seven in the morning. Witness said, after we rose we went into the road, found our horses, and rode to Probus fair on the 17th, about one o'clock. Next day we changed our tent in near Probus, and the horse my brother-in- law had bought was turned out on the public-road; it was a light-bay cubbish horse, with switch tail, about 14 1/2 hands high, to the best of my knowledge. (This witness seemed to be a quietly-disposed man, and mentioned farmers for whom he had worked at harvest.) Mr. HOCKIN then replied on the part of the prosecution, submitting that the evidence for the defence was not entitled to credit. Two of the witnesses, James and John Michell, had contradicted each other; John says his son told him the man's name was Treleaven, whilst James says he did not know the man's name. But even if the statements of the witnesses were not false, they were of no value. A man stealing a horse might manage amongst his gang to have a horse sold to him on the same day, and contrive to sell it before witnesses. If it was offered in the fair at all, it was no doubt purposely offered at a price it would not sell at; if only worth GBP 2.12s.6d., it was offered in the fair for GBP 5. This was just the course that would be taken by an experienced horse-stealer. The witness, Sandy, was not likely to be mistaken with regard to the prisoners, for it was his business to keep an eye on people going about the woods, and therefore to notice people. His attention was attracted to this horse by its being a better one than may usually be seen with travelling gipseys. They must also take notice of the elder prisoner's remark when apprehended, "I thought it was stolen when I bought it, but I can't be hanged for it, I can only be transported." The CHAIRMAN, in summing up, pointed out the discrepancies in the evidence. All the witnesses for the defence say it was a light bay horse that was sold; the witnesses for the prosecution always speak of the horse stolen as a dark bay. Sandy said he remarked the horse because of its high condition; whilst those who saw the horse at Probus speak of its low condition; the witnesses on each side also greatly differed as to the value of the horse. Two of the witnesses say the horse was thirteen hands high, one says fourteen, and the last witness fourteen and half hands. If the jury believed Sandy, the evidence for the defence could not be true; for according to the prisoners' witness, the horse must have been in Probus between eight and nine o'clock in the morning, which was about the time Sandy says he saw the prisoners with it not far from prosecutor's house. They must consider what credit they could give to the testimony on each side, and whether the horse sold and the horse stolen were the same or not. He then read over and commented on the evidence. The jury retired from the court, and after deliberating about half an hour, returned with a verdict of Guilty of stealing against both prisoners, but recommended the younger prisoner to mercy. In passing sentence, the CHAIRMAN said, as far as we know this is your first offence, but it is one of considerable magnitude, one which a few years since would probably have consigned you to a scaffold. In your case, Henry Jeffrey, you are recommended to mercy by the jury, because they suppose you acted under the direction of the older prisoner; but you are quite old enough to know that you were committing a great offence. The sentence of the court is that you be imprisoned for four calendar months, and kept to hard labour. For you, Thomas Jeffrey, the sentence is that for this offence you be transported for seven years. ...... STEALING FROM CONSOLS MINE - MARK MORCOM, 35, was indicted for stealing a quantity of brass bearings, fixed to engine-houses at the Consolidated Mines, Gwennap the property of HENRY PRYNN ANDREW and others. There were four counts in the indictment, charging the prisoner with stealing bearing brasses from engines on the 30th of July, 6th of August, 7th of August, and 11th of August; and a fifth count charged the prisoner with receiving the property knowing it to have been stolen. Mr. SILSON conducted the prosecution, and called the following witnesses: JOHN HOLMAN - I am one of the engineers at Consols Mine in Gwennap, and have been so employed for twenty years. Prisoner was a kibble-filler in that mine. We have an engine there called Davis's. In July last we missed a bearing brass from that engine. In August last, we missed five bearing brasses from Andrew's engine, and missed also bearing brasses from Shear's engine, two from the bob, one from the fly wheel shaft, and one from the sweep-rod. On the 7th of August, we missed two brasses from Richards's engine. The prisoner had access to those engines; the men change at the engine house when they come up from underground. The bearing brasses are part of the engine which is fixed to the engine house. In consequence of information I went on the 9th of August with Capt. JAMES EDDY to the Foundry at Perran Wharf. A quantity of brass was there shown to me by WILLIAM JORY, which had been brought there the day before. I selected pieces enough to make up six brasses, which I considered belonged to our engines at Consols. Those bearing brasses had been broken into pieces; I gave them to Captain Eddy, who took them to Consols, and gave them to JOHN VEALE, the constable. On the 12th of August I went again to Perran Foundry, accompanied by JAMES UREN. JORY then showed us more brass, and we selected pieces enough to make three brasses more. James Uren took charge of the pieces, and with me compared them; we found one to fit at Andrew's engine, and the other two at Shears's. We also fitted the six brasses previously found; I fitted four and WILLIAM DAVEY two. Of the four, one matched at Davis's, one at Andrew's, and two at Shears's engine. Prisoner was afterwards apprehended. I saw him in Veale's custody the evening before he was taken before the magistrates. I heard him say he had not stolen or sold any brass. Next morning, in the account-house, he said if he could see some of the brass he should know it; it was thick on one side and thin on the other, with part of a hole in it. He said he knew what brass he had, - the brass he sold he had from PAYNTER. The pieces were then brought to him by constable Veale. No threat or inducement was held out to him to say anything; he took up part of the brass produced by Veale, and said that was part of what he had sold. The prisoner, who was undefended, asked witness if he had ever known him carry anything away from the mine? Witness replied that he never did. CAPTAIN JAMES EDDY said he had been an agent in Consols for twenty-seven years. The adventurers are Messrs. WILLIAMS, ANDREW, DAVEYS, and numbers besides. On the 9th of August I went with the last witness to Perran Foundry; brought home some brass, and delivered it to Veale, the constable. In reply to prisoner, witness said he had never known him do anything amiss, or carry away anything from the mine. WILLIAM JORY is employed at the Perran Foundry, and purchases old metal. On the 8th of August I purchased of PETER CARLYLE upwards of 219 lbs. of brass; purchased also of him copper and pewter. I placed it in a brass pan under lock until JOHN HOLMAN and CAPTAIN EDDY came, and did not mix it with other brass. By the CHAIRMAN - Who is this Peter Carlyle; what is he? Witness - I cannot say. What did he come to you with? - With brass and copper. Have you bought any of him before? - Yes, some years before. Did you ask him where he got this brass from? - No, sir. What price did you give him for it? - I cannot say, I did not pay the money, I only weighed it. Did he see any one else at the Foundry before he saw you? - Yes, I suppose before me he saw the clerk. Are you in the habit of often buying brass bearings broken up? - No, I believe not. But you did not ask him any questions? - No, sir. PETER CARLYLE was next examined. He said he was a dealer in marine stores living in Kenwyn-street, Truro. On the 11th of June he bought of WILLIAM STEPHENS 44 lbs of brass, and put it in amongst the rest he had, which was a great deal. On the 28th of June he again purchased of Stephens 28 lbs of brass, which was also put amongst the rest. On the 8th of August, he took that brass with other metal to Perran Foundry, and sold the brass at 5 1/2d. per lb., the last witness, Jory, having weighed it. Witness said, the brass I purchased of Stephens, I delivered to Jory. I don't understand the nature of bearing brasses, but that in constable Veale's possession looked very much like what I sold at the Foundry. WILLIAM STEPHENS said he is a marine store dealer living at Kea. He was before Mr. PELLEW, the magistrate, at Falmouth, on the 14th of August; and saw there a quantity of brass bearings; constables VEALE and UREN produced them. I sold some brass to Peter Carlyle on two occasions. I bought the brass I sold to him of the prisoner, Mark Morcom. I bought it of him at different times, and sold all I purchased of him to Peter Carlyle. I I gave 4ed. a pound for it, money and goods. (Prisoner here said, "I had 2 1/2 a pound for it.) Witness - I did not buy above 6 lbs. at a time of him; and did not buy brass of that description of any other person at that time. I have known the prisoner, and understood he worked at Consols. When before the magistrate I could not swear to the brass as that I purchased of Morcom, but it is like it - I have no doubt about it. By the COURT - Did you ask prisoner where he got the brass from? Witness - Yes, he told me he found it. What is brass of that description worth per lb? - Witness - I made 4 1/2d. Is that the value of it? - I don't know. Are you in the habit of buying brass of miners? - No sir. JOHN VEALE, constable, received a quantity of brass from Captain Eddy, and now produced it. I had the prisoner in custody at the account-house the day he was taken before the magistrates. I held out no inducement to him to say anything. He said he was no thief, and should not suffer for other people; he had the brass of FRANK PAYNTER. Prisoner said he could swear to some of the large pieces he had from Painter, and that he (prisoner) sold them to William Stephens. FRANK PAYNTER examined - I was engine-man at Consols for a number of years, but am now employed at Garras mine. The prisoner, Mark Morcom, worked at Consols when I left. I never gave him that brass, or gave him any to sell, or had any dealings in brass at any time. I had left Consols before the brasses were missed. By the Prisoner - Did you not give me some in a quarry, and some more in a lane? Witness - No. And the rest you gave me on Kitbraws down? Witness - No, never. Prisoner - When you brought them to me they were as black as a hat; they are clean now. Witness - I never gave him any brass, or sold him any, or had any doings as to any brass with him, or received any money from him any day of my life. The Chairman - You are upon your oath now, witness. Witness - I am, sir. JAMES UREN, constable, received from Jory and William Davey pieces of brass, and now produced them. (It was here stated, in reply to the Chairman, that the engine-man, kibble-filler, and lander have access to the engine-house.) WILLIAM DAVEY said he had been engineer at Consols for many years. I assisted Captain Holman in fitting pieces of brass to Andrew's engine; also fitted some others into one block, but cannot say which engine they belonged to. (Witness here produced the pattern by which one of the brasses was cast, and shewed that the numbers and holes of some pieces which he fitted together, corresponded. He said he placed the numbers and bored the holes himself. These were brasses from Andrew's engine; some of the iron work of Shear's engine was also produced, placed on the table in court, and pieces of the brass fitted into it by the witnesses.) In reply to the prisoner, witness Davey said he never knew him carry anything away from the mine. JOHN HOLMAN re-called, said they had found nine bearing brasses out of fourteen that had been missed. He had fitted the whole of the pieces himself. HENRY WILLIAMS said he had been engine-man at Consols for fifteen years; and had worked Shears's, Andrew's, and Davis's engines. He worked Shears's before the 22nd of May, and did not observe anything missing about the engine, which worked regularly. He oiled her several times, and did not miss any part. It was possible to take brasses from the bob, and the engine work as before, but he believed they were all there when he worked the engine. On the 7th of August, when he came in the morning to the engine house, the kibble-filler and lander were there, and told him that some person had broken into the window. He then went to examine the engine (Andrew's) and went up first on the bob, where he noticed that two of the blocks had gone down rather more than usual; and he then found that the bearing brasses were gone. He then came down from the chamber, and looking around perceived that the top block was gone from the fly-wheel shaft, that the great brass was gone. This brass must have been taken away that night, as the day before he worked that engine, and she did her work regularly. He could not have worked her without that brass, for if that was out of its place, the engine would break up, and perhaps break in pieces. It was fortunate that the discovery was made before the engine was put to work. He made known the loss of the brasses to Mr. Holman, and afterwards to the agents. They had four landers, who took it in turn; the lander that morning he believed was Thomas Taylor. Frank Paynter, the other engine-man, had left in July, some days before these brasses were stolen from Andrew's engine. The first brass found wanting was to Davis's engine on the 30th of July, which he make known to Mr. Holman. The witness also stated the loss of brasses from Shears's engine. The prisoner was a kibble-filler, and had been employed at Shears's, Andrew's, and Davis's engines, but witness could not say he had been much at Davis's. Frank Paynter before he left had worked Shears's engine. They had a private place to keep the key of Andrew's engine-house and prisoner knew where the key was kept. Prisoner (to witness) - you have been a comrade of mine for many years, have you ever seen me carry away anything from the mine? Witness - I have known him from a boy, and could trust him with anything; I have found him to be an honest man home close to this. Prisoner's statement before the committing magistrates, after he had been duly cautioned, was then read. It was to the effect that the brass was delivered to him by Frank Paynter, near Wheal Prosper mine, in Kea parish, and that Paynter told him if he could sell it he should have part of the money. The Chairman then summed up the evidence, remarking as he proceeded that Paynter had left the mine when the brasses were stolen from Andrew's engine. He also said it appeared to the Court to be a very loose way of buying brass at the Perran Foundry, in purchasing of a marine store dealer like Carlyle, without asking him questions which ought to have been asked. It was greatly to be wished that such establishments would be more particular as to whom they buy brass of. On the whole evidence he asked the jury whether they could be satisfied that the prisoner stole these brasses, being fixtures in the engine-houses, and whether they were the property of Henry Prynn Andrew and others, the adventurers. After a few minutes' deliberation, the jury pronounced the prisoner Guilty. The Chairman, in passing sentence, said, "Yours is a very bad case, for not only was the property taken of considerable amount, but it was taken in such a way as might have caused the death of many of your fellow-workmen. These brasses must have been stolen by night; you took advantage of the opportunity you had in being employed, knowing where the keys were, and having access to the engine-house; and instead of protecting the property of your employer, you plundered them. But you are strongly recommended by the agents of the mine as having hitherto borne an irreproachable character, otherwise the sentence of the court would be much more severe upon you. The sentence is that you be Imprisoned and Kept to Hard Labour for Six Calendar Months. ..... ROBERT STEPHENS, 50, committed on the 30th of July last, by the Mayor of Lostwithiel, for want of sureties in a breach of the peace towards his wife, MARY ANN STEPHENS, was then placed at the bar. The wife did not appear against him, and after being reprimanded by the Chairman, and cautioned as to his future conduct, he was discharged. SECOND COURT (Before C. B. Graves Sawle, Esq.) RICHARD HAM was charged with stealing a bag on the 13th of August, the property of RICHARD SANDERCOCK, of North Tamerton. Verdict, Not Guilty. GEORGE CARTLAGE, 20, was found Guilty of stealing a horse-brush from JOHN CANN, ostler at the Tree Inn, Stratton. The prisoner was one of the grooms connected with Cooke's Circus establishment; he was attending to one of Mr. Cooke's horses in the Tree Inn stables, and from thence stole the brush. Sentence, Two Months' Hard Labour. WILLIAM HENRY OPPY, 22, was indicted for having made an assault, with intent, on EMILY SANDERS, a child under the age of ten years; he was also charged with common assault. The little girl resides with her mother in the parish of Perranarworthal. The assault was committed on the evening of the 27th of September, in Church-lane, leading from the high road, near Perranwharf. Verdict, guilty of the assault with intent. Sentence, Eighteen Months' Hard Labour. HENRY HAMBLY, 18, was charged with assaulting JAMES LANG, a constable, at St. Kew, on the 28th of July. The evidence of the constable failed to prove that he was assaulted by the prisoner, and the Chairman directed an acquittal. ELISHA HOLMAN was indicted for assaulting GRACE LAVIN, she being quick with child, and another count charged a common assault. (The first count, charging with administering drugs to procure miscarriage, was thrown out by the Grand Jury.) Mr. J. B. COLLINS for the prosecution, and Mr. STOKES for the defence. The evidence of the prosecutrix was that she lives at Bezore, in the parish of Kenwyn, and had worked for prisoner's father on a farm in the same parish. In April last she was with child by the prisoner, and had told him of it. One afternoon, at his desire, she came into the field, where he was at work , and whilst engaged in packing straw, he took hold of her, threw her on the ground, and fell upon her. She received injury from this, and about a fortnight afterwards was obliged to have the attendance of a surgeon, and in three weeks suffered a miscarriage, and had been unwell ever since. The defence set up by Mr. Stokes was that the occurrence was purely accidental, that there was no wilful assault committed, but that the parties were romping together and fell on the ground. He also drew out of the witness on cross-examination, that the man had said, when they got up from the ground, he hoped she was not hurt; and that sometime afterwards she told him unless he married her she would bring him before the magistrates, but if he behaved "honour bright" she would think no more about it; he then told her he had heard bad reports about her, and should not marry her. She was also cross-examined as to her conduct at Truro Midlent fair, on going home in the evening. She denied that she romped with parties, or was drunk. The prosecutrix's mother also gave evidence of her daughter having been confined to her bed for some time in consequence of the injury she received. Mr. Stokes was about to call witnesses to speak to the character and conduct of the prosecutrix, but this was overruled by the Chairman, who decided that such evidence was irrelevant to the issue. The Chairman, in summing up, put it to the jury whether they thought the occurrence was accidental between the parties, or the assault wilfully committed by the prisoner. Verdict, Not Guilty. .... CHARLES HOLMAN was charged with stealing a donkey and foal, the property of CHARLES LUKE, of Wadebridge. From the evidence it appeared that the donkey was in a field belonging to THOMAS VERCOE, of Roche; and that prisoner and prosecutor came there and had a dispute, each claiming the donkey. The Chairman stopped the case, observing that it was a question of right of property, and directed the Acquittal of the prisoner. JAMES TREVARTON was charged with assaulting JOSEPH DAVIES of the parish of Veryan. Mr. DARKE for the prosecution, and Mr. sTOKES for prisoner. It appeared the prosecutor and prisoner met on the 19th of August last, in a lane near Veryan church-town, and that after some words the assault was committed, and Trevarton so much injured as to be under surgical care for four days. On the part of the prosecutor, Mr. JOHNS, a constable of Veryan, gave evidence, and for prisoner a witness named WHITFORD was called. The evidence was very contradictory, but the jury found the prisoner Guilty, and he was sentenced to Eight Months' Imprisonment with Hard Labour. (A recent statute has enabled the Court to inflict hard labour in such cases.) The jury were then discharged. FRIDAY, OCTOBER 17 The prisoners were sentenced this morning by the Chairman, Sir Colman Rashleigh, Bart. The following are the sentences of those whose trials were reported last week - JOHN NICHOLAS SPARGO, stealing a cucumber from the St. Austell Cottage Gardening Society, Two weeks' hard labour. JOHN THOMAS, stealing a collar from John Andrew, of St. Glubias, One Month's hard labour. JANE EVEREL, stealing silk from Thomas Treweek, of Kenwyn, One Month's Hard Labour. JOHN CORNISH, stealing a jacket from Mark Richards, of Redruth, One Month's Hard Labour. ROBERT ANDREW, stealing a quilt from Robert Coombe, of st. Austell, Two Month's Hard Labour. JOSIAH SPARGO, stealing a shirt from Thomas Battershill, of Truro, Two Months' Hard Labour. CATHERINE STEPHENS, stealing wearing apparel from Sarah Hooper, of Kenwyn, Two Months' Hard Labour. GEORGE CARTLIGE, stealing a brush from John Cann, of Stratton, Two Months' Hard Labour. EDWIN ANDREWS, stealing shoes from John Short, near St. Austell, Two Months' Hard Labour. GEORGE TONKIN, stealing spirit and wine from his master Augustus Sandoe, of St. Blazey, Three Months' Hard Labour. WILLIAM LAKES, stealing a shirt from Joseph Juliffe, of Bodmin, Three Months' Hard Labour. THOMAS WAYCROFT, stealing a shirt from John Puckey, of Gwennap, Three Months' Hard Labour. MARY FRANKS, stealing clothing &c. from William Trenhaile of Truro, Four Months' Hard Labour. JOSEPH FINCH stealing a watch and key from John Curry, of Budock, Six Months' Hard Labour. WILLIAM PAYNTER HAWKEY, stealing a horse from John Warne, of st. Breock. In passing sentence the Chairman said, your offence is one of great magnitude; but we have received a very good character of you, and there is reason to believe that you are rather of weak intellect. The sentence, therefore, considering your offence, will be a very lenient one. Let us hope you will not come here again; you have had a very narrow escape from being sent out of this country. The sentence is that you be Imprisoned and Kept to Hard Labour for Twelve Months. ROBERT JOHNS MOYLE, stealing an iron-grate and chimney front from Wheal Rose account-house, &c., Twelve Months' Hard Labour. RICHARD BRAY. This prisoner had pleaded Guilty to two indictments, and a conviction for felony last year was proved against him. For the first offence, One Week's Imprisonment; for the second offence, Ten Year's Transportation. ROBERT HAWKEY, ANTHONY HAWKEY, and GEORGE OSBORNE, the two latter convicted of stealing geese from Richard Roberts, of Landulph; and Robert Hawkey of feloniously receiving the same. A conviction for stealing ducks in 1849 was also proved against Robert Hawkey. The Chairman said, from circumstances which came out on the trial, the Court had reason to believe that he (Robert Hawkey) had been long living on plunder, and that he had been the cause of a great part of the crime of the other prisoners. He then sentenced Robert Hawkey to Ten Years' Transportation. George Osborne was sentenced to Six Months' hard labour, and Anthony Hawkey to Four Months' Hard Labour. The Chairman said the sentence of the latter would have been more severe had it not been intimated to the court that he had been ruined by the elder prisoner. They hoped that when the elder was removed from the country, he (Anthony Hawkey) would amend his way of life. RICHARD RICHARDS and JAMES COOMBS, stealing wearing apparel from Nicholas Hodge, of Kea. The Chairman said a prior conviction in 1850 had been proved against Richards. He had been in gaol four times besides and the Court had reason to believe he had also been convicted of felony at Taunton. James Coombs had been imprisoned five times, and been convicted at Wells of felony in 1850. They were each sentenced to be Transported for Fourteen Years. The following appeal was then heard - JOHN BURTON, appellant; ELEANOR RICHARDS, respondent. Messrs. ROGERS and Son, Solicitors for appellant, Messrs. GRYLLS and HILL for respondent. This was an appeal against an order of the Justices of the West Division of Kirrier, made on JOHN BURTON, the appellant, for the maintenance of the infant illegitimate child of ELEANOR RICHARDS, the respondent. Mr. SHILSON appeared for the appellant, and Mr. DARKE for the respondent. The case occupied the court all day. The appellant is a tailor, at Constantine, and the respondent a dress-maker, now residing in Ruan Minor. It appeared from the evidence that the respondent is an orphan girl. Her father, who was a farmer, of Ruan Minor, died about twelve years since, and respondent then went to reside with her sister in Constantine, near the appellant. They soon became acquainted, and the acquaintance grew into a strong attachment; but the family on both sides were not agreeable to their keeping company together, and the courtship was then carried on in a clandestine manner. The intimacy continued up to November, 1850, when respondent told appellant she was with child, on which appellant ceased to visit her, and denied the paternity of the child. Several witnesses were called, who spoke to having seen the appellant and respondent together on several occasions, and all the witnesses gave respondent a good character. A letter written by appellant to respondent in October, 1850, was produced, and also a book appellant lent her about the same time. Mr. Shilson endeavoured to shew by cross-examination, that respondent had been intimate with other young men, and in his address to the Court contended the respondent's testimony was not corroborated in any material particular to satisfy the requirements of the statute. He was then about to call witnesses to discredit the respondent, but an objection was taken that respondent had been cross-examined, and denied the facts attempted to be proved, and that appellant was bound by her answers. Mr. Darke then replied, submitting that he had corroborated the mother's evidence in several important particulars, and that evidence of mere intimacy was sufficient if the woman had borne a good character. He then commented on the strongest point of corroboration, and the Court after a short deliberation confirmed the order, with GBP 5 costs. This concluded the business of the sessions 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