West Briton and Cornwall Advertiser. 13th August, 1858. STEAM TO NEW YORK DIRECT - And the cheapest and shortest route to Canada West. The Liverpool, New York, and Philadelphia Steamship Company, intend dispatching their full powered, Clyde-built, Iron Screw Steam-ships from Liverpool to New York, as follows:- City of Baltimore... Wednesday, 18th August. Kangaroo... Wednesday, 1st September. City of Washington... Wednesday 15th August, and each alternate Wednesday. Cabin passage, 15, 17, and 21 Guineas, according to the accommodation. Forward Passage, 8 Guineas, including provisions. Passengers for Canada and the United States, booked through on very advantageous terms. For further particulars, apply to WILLIAM INMAN, 22, Water-street, Liverpool; or to GEORGE M. STRINGER, Plymouth; WILLIAM WADE, Redruth; JOHN PERMEWAN, Penzance; BENJAMIN J. NOTT, St. Austell; and J. VINCENT, Truro. STEAM UNDER 60 DAYS TO AUSTRALIA - Passage GBP14 and Upwards. The Liverpool and Australian Navigation Company's celebrated Steam Clippers, in conjunction with the Eagle Line Of Packets, are dispatched on the 15th of each month, to the consignment of BRIGHT BROTHERS, and co., Melbourne, forwarding Passengers to all parts of Australia. Packet of 15th August, the magnificent new seven years' A 1 first class clipper ship "Resolute," Capt. WALLACE, 1,112 tons register, 3,000 tons burthen. This magnificent new clipper, built specially for the passenger trade, is one of the handsomest models afloat, and is expected to prove the fastest ship of the day. Her noble and spacious saloon is fitted in the most complete manner with baths, ladies' rooms, &c. The state rooms, 9ft. by 6 1/2 ft. are very large and commodious; and bedding and every requisite is provided. Apply to GIBBS, BRIGHT & CO., 1 North John Street, Liverpool; ROBERTS & IRVING, 9 Cornhill, London; or to Mr. EDWARD HEARD, Stationer, &c., Boscawen Street, Truro; Mr. J. S. TONKIN, Gwennap, near Redruth; Mr. JOHN BEST, Falmouth, and Helston, Cornwall. THE GOLD-FIELDS OF BRITISH COLUMBIA - The San Francisco correspondent of the Times sums up all the reliable information on the subject of the value of the new gold fields. He writes on the 14th of June:- All the arrivals of individuals and of correspondence not only confirm all the information conveyed in my late letters, but bring further intelligence of a still more flattering character than anything I have hitherto reported, and of a more precise and practical nature than we before knew. The effect in California has been astonishing; but instead of describing this at present, I will give the facts which have produced it. The only way in which I can give an intelligent statement in a moderate compass is to sift the facts from the mass of correspondence and personal details at hand. The following is the experience of a man from San Francisco, well known here, connected with a business firm in this place, and whose statement is worthy of credit. He left San Francisco in April, and, in company with seven others, ascended the Fraser River 275 miles. I will let him tell his story in his own way, interposing only such remarks of my own as will be explanatory of his "terms" and of the localities mention. "We proposed all along coming up from Fort Hope to Sailors' Bar, several days' travel, and in some places cot two bits to the pan and in some places five cents." Two "bits" may be set down as of the value of a shilling sterling. We camped and commenced mining at Sailors' Bar, about 25 miles above Fort Yale, which has rich diggings, in some places paying as high as six bits to the pan. The "pan," most readers know by this time is a small tin basin with which the miner "washes" the gravel containing the gold. When I arrived miners were making as high as six ounces a day to the rocker. These are enormous earnings. Six ounces of gold, at its market value of 16 dollars the ounce, will be nearly GBP20 per sterling, as the product of the daily labour of two men, which a "rocker" should have to work it sufficiently - one to "fill" and another to "rock," and not hard work either, barring the inconvenience of being in the water. Such results were frequent in the early times of California mining when the soil was "virgin." We mined along the banks of the river (the Fraser), and the average was from two to three ounces per day to the rocker. Miners are at work all along the banks of the river, for 25 miles about Port Yale. These returns refer to mining carried on on such "bars" of the Frazer River as were exposed; but the rise of all of the water from the melting of the snow on the mountains far up rendered the work uncertain till August, when the waters subside for the season. The river sometimes rises three feet in a night, and as a consequence, a man cannot make his expenses there. It appears from the concurrent testimony of all who have been up the Fraser and Thompson rivers that the higher they go up the more plentiful the gold becomes. This corresponds exactly with Californian mining experience. The gold is retained where the bed of the stream is gravelly. This man describes the country as - very rich and beautiful, but high and mountainous. You are surrounded by mountains entirely. There is plenty of timber. And everything a miner can wish for except game and provisions. But this is rather a grave desideraturm, as even miners cannot eat gold. However, there is some "balm in Gilead." There are plenty of salmon in the river, and brown bears in the woods. They (the bears) are very good eating. They are much more accommodating "bears" than their "grizzly" brethren of California, whose flesh is as tough as shoe-leather. Whether we 'prospected' (above Fort Yale) found gold - at some places more, at others less; but we found gold everywhere. At the rapids or falls, 20 odd miles about Fort Yale, where the water fell near 15 feet over the rocks and prevented our ascending higher (in their canoe) we prospected and found gold very plenty. Near the falls and from Sailor's Bar up, many miners were at work, all with rockers. Gold very fine - requiring blankets to be spread at the bottom of the rockers to save the find particles. There are, undoubtedly, plenty of 'bars' containing gold. By the use of quicksilver twice as much gold could be saved, as some of it is as fine as flour." The person from whose narrative I have been quoting left his mining "claim" in charge of two partners. He bought down to San Francisco some of the "dust" dug by him above Sailors' Bar. It is in fine scales of a dark brownish colour, as if alloyed with copper. He had returned to the Fraser river with supplies of provisions, &c. The special correspondent of the San Francisco Bulletin, a reliable authority, writes from Fort Langley, 25 miles up the Fraser, under date May the 25th, that he had just come down from Fort Yale - the locality above spoken of - where he found 60 men and 200 Indians, with their squaws, at work on a "bar" of about 500 yards in length, called "Hill's Bar," one mile below Fort Yale, and 15 miles from Fort Hope, all trading posts of the Hudson's Bay Company. "The morning I arrived, two men (KERRISON and Co.) cleaned up 5 1/2 ounces from the rocker, the product of half a day's work. Kerrison and Co. the next day cleaned up 10 1/2 ounces from two rockers, which I saw myself weighed. This bar is acknowledged to be one of the richest ever seen, and well it may be, for there is a product of 15 1/2 ounces, worth 247 1/2 dollars, or GBP50 sterling, from it in a day and a half to the labour of two rockers. Old Californian miners say they never saw such rich diggings. The average result per day to the man was fully 20 dollars; some much more. The gold is very fine; so much so that it was impossible to save much more than two-thirds of what went through the rockers. This defect in the "rocker" must be remedied by the use of quicksilver to "amalgamate" the finer particles of gold. This remedy is at hand, for California produces quicksilver sufficient for the consumptions of the whole world in her mountains of Cinnabar. Supplies are going on by every vessel. At Sailor Diggings, above Fort Yale, they are doing very well, averaging form 8 dollars to 25 dollars per day to the man. I am told that the gold is much coarser on Thompson river than it is in Fraser river. I saw yesterday about 250 dollars of coarse gold from Thompson river in pieces averaging 5 dollars. Some of the pieces had quartz among them. HILL, who was the first miner on the bar bearing his name, just above spoken of, with his partner, has made some GBP600 on it in almost sixteen days' work. Three men just arrived from Sailor Diggings have brought down 670 dollars in dust, the result of twelve days' work. Gold very fine. Rising of the river driving the miners off for a time. Another authority, a Californian miner, known in San Francisco, also lately returned from the Fraser and Thompson rivers, testifies to the existence of gold in great quantity. This statement, he says, is true; gold does exist in this new country, and there is no doubt in my mind that the upper mines are much like the upper mountain mines of California. The first diggings are not far from the Sound (Puget Sound); but there, as in California, the richest mines will be found far up in the mountains. He advises the multitudes now rushing up in such mad haste "to be the first there," that "there is no occasion to hurry, as the gold won't run away, not be dug up in a day, nor in years."" LOCAL INTELLIGENCE - ECCLESIASTICAL - The Rev. WILLIAM PESTER CHAPPEL, M.A., eldest son of Mr. WILLIAM TRAER CHAPPEL of Truro, has been instituted to the Rectory of Camborne, void by the death of the Rev. HUGH ROGERS, who was the incumbent for 42 years. The Rev. VERNON PAGE has been instituted to the Rectory of St. Tudy, void by the death of the Rev. HONORATUS LEIGH THOMAS. The Rectory of Camborne is value at GBP900 a year, and that of St. Tudy at GBP650. CHURCH RATE MEETING AT LUDGVAN - A notice having been posted, signed ARCHIBALD PARIS, rector, and JOHN EDWARDS and ROBERT BILKEY, churchwardens, that a vestry would be held at the Schoolroom, on the 6th of August, at ten o'clock in the morning, to apply for a church-rate; a great number assembled, and very much complained that they should be called from the harvest field to attend such a meeting. No estimate was produced by the churchwardens, nor any account given of the voluntary subscription they had received, which is said to be many pounds. It was moved by Mr. WILLIAM RICHARDS, and seconded by Mr. JAMES HOSKING, that three half-pence in the GBP be granted. An amendment was moved by Mr. R. V. HOSKING, and seconded by Mr. ROBERT CURNOW, that no rate be granted, and that no church-rate meeting take place for the next twelve months. The chairman refused to put the amendment, which was persisted in by a majority of the meeting. The chairman insisted that those in favour of the rate would hold up their hands, when eight hands only were held up. Mr. Hosking desired those against the rate to hold up, when 25 hands were shown. Mr. WILLIAM RICHARDS, a resident at Penzance, three miles off, demanded a poll, and a notice in the chairman's handwriting has been stuck up, that the poll will take place next Friday from ten a.m. to four p.m. Mr. R. V. Hosking said there are now nine chapels in the parish kept up by voluntary subscription, and he offered to subscribe towards the church. The Rector said he would not accept it. TRURO INSTITUTION - The Rev. F. C. HINGESTON, B.A., of Exeter College, Oxon, has forwarded for the library of the Truro Institution, through Mr. ENDEAN, Bookseller, a copy of "JOHN CAPGRAVE'S" Chronicle of England," published by the authority of the Lords Commissioners of her Majesty's Treasury, under the direction of the master of the Rolls, and of which he is the editor. THE OXFOR MIDDLE CLASS EXAMINATIONS - The results of the "examination of persons not members of the University," which was held at various Education Centres, in the week commencing the 21st of Jun, was on Wednesday last issued by the delegates. Among those candidates who were examined at Exeter, and obtained distinction, we observe the names of W. DREW, of Pennance, Cornwall, educated at Probus School, and S. EDWARDS, of Tavistock, educated at Union Terrace Academy, Barnstaple. UNIVERSITY COLLEGE, LONDON - At the distribution of prizes in the faculty of Medicine, for the session of 1857-58, held on Saturday last, the Gold Medal for Botany, the second Silver Medal for Chemistry, and a Certificate of Honour for Anatomy, were awarded to Mr. HENRY CHARLTON BASTIAN, of Falmouth. APOTHECARIES' HALL - Mr JAMES SAMER, of St. Cleather, passed his examination on the 5th instant. CORNWALL SAILORS' HOME - The following is from the Shipping Gazette, dated Limerick, August 3:- I beg leave, through the medium of your widely-circulated paper, to return my sincere thanks to the Superintendent of the Sailors' Home, at Falmouth; also the Master of the Home, Mr. PEARSON, for their kind attention to an apprentice belonging to the barque "Martha Kay," of Sunderland, named JOHN EVESON, who fell from the foregaff on the deck, the day we arrived at Falmouth, viz, the 10th ultimo, and broke his left leg below the knee, and cut his head badly, when he was taken to the Sailors' Home at Falmouth, and under the kind treatment as above I have no doubt but he will be able to join the ship again before she is ready to sail on her outward voyage, which will be from Cardiff. I beg to notice particularly that the Sailors' Home was kept clean and orderly, and I think every shipmaster ought to patronise Sailors' Homes as much as possible. I am, dear Sir, yours respectfully, P. E. LAWSON, Master of the barque "Martha Kay". SHIPWRIGHTS' WAGES - At a meeting of the master shipwrights, held on Wednesday last at Falmouth, the wages for shipwrights were reduced 6d. per day. EMBEZZLEMENTS BY A CLERK - At the Warwick assizes JESSE KITTO, late a clerk in the service of Messrs. VIVIAN and SONS and Mr. HENRY HUSSEY VIVIAN, copper smelters, of Swansea and Birmingham, was indicted for embezzling a large sum of money, the property of his masters. The indictment contained two counts, and the sum the prisoner was arraigned for embezzling was GBP287. 11s. 6d.; but the gross amount is supposed to exceed GBP1,000. Mr. MELLOR, Q.C., and Mr. BAYLY, were retained for the prosecution, and Mr. ADAMS for the defence. The prisoner was called up to plead on Friday evening, when he pleaded not guilty to the whole charge, and the trial was fixed to take place on Saturday morning. The prisoner, when placed at the bar, seemed to feel his position most acutely; he bowed his head on the bar of the dock, and wept bitterly. Mr. Adams, addressing the learned judge, said that, by his advice, the prisoner would withdraw his plea of not guilty, and acknowledge the offence with which he stood charged. His case had excited the greatest commiseration, and perhaps it would be right for him (Mr. Adams) to state to the court a few of the chief facts involved in the case. The prisoner, who was a very young man, had at an early age been appointed to a place of great trust and responsibility. His delinquency commenced by first taking a small sum of money, and that one misappropriation had of course let to the succeeding ones. The prisoner had always been treated kindly by his employers, and even now they wished him to be dealt with as leniently as possible. It was with a knowledge of that fact that the prisoner had thrown himself on the mercy of the court, and it was hoped that a severe sentence would not be passed. His Lordship: It is a very serious case, and one which I must have time to consider. The prisoner was then removed. He was brought up for sentence on Tuesday, when his lordship directed that he should be imprisoned for two years. (Jesse Kitto formerly lived in Truro, and was a pupil teacher at the Cornwall Central School before he went into the employ of Messrs. Vivian.) FALMOUTH QUARTER SESSIONS - At these sessions, held on the 6th instant, before Mr. COX, Recorder, Mr. MOORMAN, Mayor, and the borough magistrates, WILLIAM WARNE, and BETSY, his wife, were indicted for keeping a disorderly house, in Smithick-hill, Falmouth. Mr. A. YOUNG conducted the prosecution. The prisoners on being asked if they were defended by attorney, replied that they were too poor to employ one, whereupon the learned Recorder requested Mr. JENKINS to watch the case on their behalf. Several witnesses, who were neighbours, were called, and they proved that they were frequently disturbed at night by great noises occurring in the prisoner's house, by reason of men and women congregating there, and drinking and behaving otherwise disorderly; but the majority of these witnesses admitted, on cross-examination, that the noises arose from quarrels which took place between the prisoners themselves, and it seemed that a disturbance had, previous to the committal of the prisoners, taken place between these witnesses and the prisoners, and that summonses had been obtained for their attendance before the borough justices. Mr. Jenkins addressed the jury on behalf of the prisoner, and contended that with regard to the male prisoner there was no evidence whatever of his being guilty of the offence laid in the indictment, and that with regard to the female prisoner, the evidence failed to make out the charge; that a bad feeling was shewn to have existed between the witnesses for the prosecution and the prisoners, and that this was the reason why the present charge was brought forward, and that consequently their evidence was not to be relied on. The learned Recorder summed up the evidence very carefully, and the jury, after retiring, returned a verdict of not guilty as to William Warne, and guilty as to Betsy Warne, who was immediately discharged on her husband entering into a recognizance that she should appear and receive judgment whenever called upon. HELSTON QUARTER SESSIONS - At these sessions on Monday last, JANE CANNAN was tried for robbing WILLIAM LOBB, of St. Agnes, of GBP15, in gold, at Helston fair, on the 24th May. From the evidence of the prosecutor, it appeared that as he was passing along the street, a female suddenly seized him, and placing her left arm around his neck managed to abstract the money which was in an inside pocket of his waistcoat. He did not discover his loss for a few minutes, when he gave information to the police, and in a short time met the prisoner with another woman. He gave her in charge for the robbery, and she was committed for trial. It being late in the evening, and the person who robbed him having her face covered with a veil, the evidence did not seem satisfactory to the jury, and they declared Cannan Not Guilty. The woman is known to the police in the county, and goes by various names. ST AUSTELL PETTY SESSIONS - These sessions were held in the Town Hall, on Tuesday last, before Mr. E. COODE, jun., and Mr. LAKES, county magistrates, when the following cases were disposed of. THOMAS LAMERTON, of Holmbush, was charged by JOHN VICARY, gamekeeper to Major CARLYON, with trespassing on Tregrehan grounds in pursuit of game; he was fined 20s., and 12s. 6d. costs. WILLIAM HORE, of Mount Charles, was fined 5s. and expenses for being drunk and disorderly. On Wednesday last, RICHARD HICKS, a fish jobber of Mevagissey, was charged before Mr. LAKES with being drunk and driving furiously through the town of St. Austell. He was fined 5s. and expenses for being drunk, and was summoned to appear at the next petty sessions to answer to the charge of furious driving. TRURO POLICE - On the 5th inst., before Mr. CHAPPEL, ELIZA GORDON, an old Scotchwoman, who has spent a considerable time in Bodmin gaol, was charged by P. C. WHITE with being drunk and disorderly, making use of disgusting language, to the annoyance of the inhabitants, and wandering about the streets as a vagrant. She was again committed to Bodmin gaol for twenty-one days with hard labour. On Monday, before Mr. CHAPPEL and Mr. E. MICHELL, AMOS DUNGEY, blacksmith, was charged with being drunk and fighting near the Union Hotel, and assaulting and resisting police-constables WHITE AND GAY whilst in the execution of their duty. On Sunday evening, Dungey had been drinking at Malpas, and on his return went into the Union Hotel. A dispute arose between him and a man called BENNY, relative to the forthcoming Truro regatta; high words led to blows, and they turned out into the street to fight. Police constable Gay and White were soon on the spot, and apprehended Dungey, who resisted, kicking White in the forehead and different parts of the body, and also kicking Gay. It appeared the party in the public house were not making any disturbance before Dungey came. He was fiend 20s. and costs for assaulting and resisting White, and the same for the offence against Gay. On the same day (Monday) before Mr. CHAPPEL and Mr. E. MICHELL, ROBERT BLEE REYNALDS, son of Mr. JEREMIAH REYNALDS, was charged with assaulting THOMAS COCK, an apprentice to Mr. Reynalds. Defendant admitted that he had struck Cock, but said it was in consequence of provocation. A younger brother of Cock's was assisting Mr. Reynalds's son in making up parcels, and making two or three mistakes, young Mr. Reynalds said "if that is the way you do your work, you had better go home." The elder Cock then said to the young Reynalds, "you understand you are not his master, you have no right to interfere with him." Some further words passed, and Reynalds struck Thomas Cock on the breast. JAMES MAY, a waggoner, and HENRY BENNALLACK, a boy, both in Mr. Reynalds's employ, witnessed the assault, but stated that the blow as not a violent one, and could not have done injury. The magistrates suggested that the parties had better arrange their differences, as no serious assault had been committed. This, however, complainant declined to do, and defendant was fined 5s. and costs. On Tuesday, ELIZABETH WILLIAMS, of Probus, was committed for twenty-one days, for being drunk and disorderly at Chapel-hill, between seven and eight o'clock on Monday evening. ELIZABETH MARTIN and ANN MARIA MURREN, both of Truro, were charged with being drunk and disorderly in Kenwyn-street, on Monday evening. Mr. NASH proved previous convictions, Murren having been committed about twelve times and Martin six times. They were sentenced to three months' imprisonment with hard labour. On Wednesday last, SOPHIA STEVENS, of Truro, NANNY HUDDY, of Probus, and CATHERINE COCK, of Redruth, were charged before Mr. CHAPPEL with keeping houses of bad character in the neighbourhood of Chapel-hill, to the annoyance of the inhabitants. They were remanded till Thursday, when they were again brought up and ordered to pay costs and leave the town, or be committed for trial. They said they would do so, and a week was allowed them to comply with those conditions. CAMBORNE PETTY SESSIONS - At these sessions held on Tuesday last, before the Rev. U. TONKIN, chairman, Mr. R. DAVEY, Mr. C. A. REYNOLDS, and the Rev. T. PASCOE, JAMES HOOPER, of Illogan, JOHN COLLOCK, of St. Erth, SOLOMON MADDERN, THOMAS WILLIAM COOKE, JOHN WILLS, and WILLIAM STANLEY, of Phillack, JOHN ROGERS of Crowan, and THOMAS VINCENT, of Redruth, were summoned for being drunk and disorderly, and were each fined 5s. and costs. JOHN BETTISON, of Perran Wharf, and WILLIAM RICHARDS, of Crowan, appeared to summonses charged with driving without reins; fined 4s. 6d. each and costs. JOS. KING, of St. Hilary, was fined 31 and costs, for driving furiously. RICHARD BARTLE was fined 5s. and costs, for leaving his cart in the streets at Camborne. MARY ANN CARPENTER, of Carnbrea, in Illogan, was fined 6d. and costs, for assaulting GRACE CHAPPLE. JAMES HENRY HAYES, of St. ERTH, was fined 7s. 6d. and costs, for assaulting WILLIAM KESSEL, a deaf and dumb man; the case was proved through an interpreter. ANDREW CHRISTOPHER, of Lelant, was summoned for refusing to pay WILLIAM SLEE GBP1. 10s. 6d. due to him for wages; he was ordered to pay with costs. PRUDENCE CARDELL PENPRASE, who had been remanded, was brought before the bench charged with stealing carpeting from THOMAS OXENHAM. The case being clearly proved, and she was committed to Bodmin, for twenty-one days. HENRY BENNET, of Roche, was apprehended by COMBE, charged with stealing apples from JOHN HICKS, of Tear Waste, in the parish of Redruth. She was taken before Mr. C. A. REYNOLDS and find GBP1 and costs, or in default one month's imprisonment. SUICIDE ATTEMPTED - A man called NICHOLLS, who has been working at the confectionary in the employ of Mr. THOMAS CUMING, Lemon-street, Truro, had been drinking and idling about the town for the last three weeks, instead of attending his work. Last Saturday he lay in bed the greater part of the day at his lodgings in Fairmantle-street, and late in the afternoon the landlady of the house went up stairs, when on looking into his room, she saw his arm hanging over the bed and bleeding profusely. It appears he had opened a vein in his arm with a pair of scissors. Mr. WILLIAMS, surgeon, was immediately sent for, and under his care the drunkard's life has been preserved. It is stated that if he had remained undiscovered ten minutes longer, he must have bled to death. His wife and family have been compelled to leave him in consequence of his drinking habits, through which he is often subject to delirium tremens. ACCIDENTS - On Friday morning last, a lad called HARVEY caught his hand in some machinery at Messrs. HOLMANS' Foundry, St. Just, and got it severely crushed; and about the same time another lad called ROWE had his hand so injured at Boscean Mine, as to render the amputation of one finger necessary. Under the treatment of Messrs. HARVEY and CHENHALLS both are doing well. An accident of a serious nature occurred to two men called BOND and LOBB, by the premature explosion of powder they were about to blast. Bond has lost the use of one eye, and the other there is very little hope of saving. Lobb was more fortunate, escaping with a severe cut on the head, but which is not likely to be attended with any serious consequences. At Falmouth, on Monday last, a little boy called SAMBELL, fell over the quay, near his Father's house, and was much injured, and died after a few hours. CORONER'S INQUESTS - The following inquests have been held by Mr. J. CARLYON, county coroner:- On Saturday last, at Bolingey, in the parish of Perranzabuloe, on the bodies of NICHOLAS TREVILCOCK, aged 35 years, and JOHN RICHARDS aged 28 years; who were killed on Friday last at Wheal Budnick mine. The two deceased were tributors, and had gone underground on Thursday to work over an old stull at the back of the 20 fm. Level; not returning home at the usual hour in the evening, their friends became alarmed about them, and on some of the miners going underground to see if anything had happened, they found that the stull to a considerable extent, had run together, and buried the deceased underneath. They immediately set to work to extricate them, and after some hours NICHOLAS TREBILCOCK was first found, and shortly afterwards JOHN RICHARDS, very near him. They were both quite dead. The cause of the accident was no doubt owing to their not having supported their work sufficiently as they proceeded; but it appeared from the evidence of the witnesses that they could have had as much timber as they liked for that purpose by applying to the agents; and the jury returned a verdict of "accidental death." On Wednesday, at Mabe, on the body of NICHOLAS SPARGO, aged 25 years, who died on Tuesday morning from injuries he received the preceding Sunday by a kick in the bowels from a horse. Verdict, "accidental death." STANNARIES COURT - The quarterly sittings of this court commenced at Truro on Saturday last, before his Honor the Vice-Warden, E. SMIRKE, Esq. The following motions were made:- TODD v. WILKINSON and OTHERS - Swanpool Mine - This was a purser's petition, and Mr. HOCKIN moved for an extension of time of service on three defendants, named WILKINSON, MUSTON, and BOYLE, two living in London, and one in Hampshire. The Vice Warden extended the time of service six weeks. TREWEEKE v. BARNES, and ANOTHER - East Wheal Margaret - Mr. STOKES said this was a purser's petition for recovery of costs in arrears. Since service of the petition, one of the defendants had sent down GBP10 for payment of debt, but had omitted to pay the law costs. Mr. Stokes moved on the Registrar's certificate for a decree pro confesso for payment. The Vice Warden said he would consider the application. MICHELL v. FLETCHER and OTHERS - Wheal Trebarvah - A purser's petition against several defaulters. Mr. STOKES obtained an order for substitution of service on one of them, JOHN SMYTHE, of Eustace street, Dublin. BOYNS and ANOTHER v. CARTHEW - Mr. STOKES said this was a case at common law, in which it had been agreed that the matters in dispute should be settled by arbitration. He now moved for an order of reference, the referees to be Mr. JOHN BRANWELL and Mr. RICHARD PEARCE, of Penzance, who would name an umpire in the ordinary way. Mr. HOCKIN, on the part of the defendant, assented, and the order of reference was made. CARPENTER v. CREAMER and OTHERS - Chollacot Consols, (Devon). This was a purser's petition for recovery of costs. Mr. CHILCOTT said he moved only against the defendant Creamer, who held 470 shares, and owed GBP82. 5s. He moved for a decree for payment. Granted, to be made in seven days. Mr. Chilcott also moved in the case of the same mine and the same plaintiff against four other defendants, called STURGIS (assignee of BEASLEY, an insolvent), BRADENOUGH, LANE, and WHITMORE. Sturgis owed GBP67. 10s.; Bradenough, GBP1. 5s.; Lane, GBP12. 10s.; and Whitmore, GBP11. 7s. 6d. No answer had been filed, and he moved for a decree for payment. Granted; payment to be made in fourteen days. SKINNER and ANOTHER v. SECCOMBE - Gunnislake Maine. - A creditor's petition by Mr. SKINNER, of Tavistock, for recovery of GBP100. 7s. 10d. for goods supplied. No answer had been filed, and Mr. PAULL moved, on the Registrar's certificate and the usual affidavit for a decree for payment. Decree granted; payment to be made in fourteen days. JOHN LAITY v. ABSALOM BENNETT - A NOVEL APPLICATION - Mr. HOCKIN said this was an action at common law for trespass. The writ had been served and appearance entered, but the case was not on the cause list. Defendant states that he has a grant for plaintiff's father to search for minerals, which he refuses to produce, and he (Mr. Hockin) now moved for an order to compel production of that document, grounding his application on the 75th rule of court, and the common law procedure act, 1854. Mr. Hockin then read plaintiff's affidavit, which set out that his father, WILLIAM LAITY, of Perranuthnoe, is entitled to the whole of the surface, and one undivided moiety of the minerals in a field called the Welldown. That he has been seized of one undivided moiety of the surface sever since 1813, and of one undivided moiety thereof, and of the undivided moiety of the minerals therein since March 1836, when he purchased it of the Rev. JOHN ROGERS, now deceased. That in the Welldown field, a shaft was formerly sunk for mining, and that about the 19th of May last, plaintiff, by authority of his father, caused to be erected over the shaft a windlass or tackle for commencing mining operations. That on the 21st of May, the defendant, Absalom Bennett, by his agents and workmen, entered the field and carried away the windlass. That the defendant claims the exclusive right to mine for minerals in the said field for 21 years, claiming one undivided moiety as tenant of JOHN JOPE ROGERS, esq. (heir-at-law of the Rev. John Rogers, deceased,) and the other undivided moiety under plaintiff's father. That defendant asserts he has obtained a license by deed from John Jope Rogers, and a written license from plaintiff's father, rendering dues. That in the latter part of 1855, plaintiff's father signed a written license authorising Absalom Bennett, either alone or jointly with others, to work for minerals in one undivided moiety of the said field, for six or twelve months only on payment of dues, and that such license expired before May last. That immediately after the execution of that license (which plaintiff believed was in duplicate), it was taken possession of (with the duplicate if any), by Absalom Bennett or his agent, and neither plaintiff nor his father had since had possession of any duplicate, counterpart, or copy of the license. That Absalom Bennett has the license in his custody or power, and that plaintiff is ignorant of the contents thereof, except as before mentioned; and that plaintiff had caused application, by his attorney, to be made to Absalom Bennett for a copy of the license, and for leave to inspect the same, which he has refused. That the said license under which defendant claims to work in plaintiff's case; and that the inspection of such license is necessary and material to plaintiff's case, and on production will show that defendant at the time of the trespass for which this action is brought had in fact no exclusive right to mine or work in the said Welldown field. Mr. Hockin also read an affidavit by himself respecting correspondence which had passed between him and Messrs. Rogers and Son, of Helston, defendant's solicitors, in which, they stated that the term was for 21 years, but did not produce the document. The Vice Warden, after some consideration ranted an order nisi, that the defendant do within four days after notice, show cause why he should not answer an affidavit stating what documents he has in his possession or power relating to the matters in dispute, or what he knows as to the custody they or any of them are in, and whether he objects (and if so, on what grounds) to the production of such as are in his possession or power, and why such documents should not be produced for inspection on behalf of the plaintiff, and copies thereof be taken in his behalf. RASHLEIGH and OTHERS v. TRETHEWY and OTHERS - Mr. ROBERTS and Mr. HOCKIN for plaintiffs; Mr. STOKES for defendants. On the jury being called, and previous to their being sworn, Mr. Stokes, in behalf of Mr. GILL, the principal defendant, took preliminary objections to the jurisdiction of the Court, in accordance with the defendant's pleas - 1st, that the issue in the case involved a question of freehold right, which this Court was not competent to entertain; and 2ndly, that it was not an action to recover a mine under the circumstances to which the 15th section of the Stannary Act, 18th and 19th Victoria, had reference. But the principal plea to the jurisdiction of the Court was, that the issue involved a question of freehold, and on this point Mr. Stokes proposed to satisfy his Honour by examination of Mr. Gill; for, having pleaded to the jurisdiction of the Court on the grounds mentioned, he was not prepared to enter into the merits of the case before a jury. Mr. Roberts, in answer to Mr. Stokes's preliminary objection, contended that under the 15th section of the act 18th and 19th Victoria, his Honour had jurisdiction even over matters concerning freehold, under certain conditions, and also to entertain suits in equity for the determination of mine setts on the ground of breach of contract, &c.; in the present case, the plaintiff's action was one of ejectment for the recovery of a mine, and, therefore, as in ordinary suits, it was the plaintiff who was entitled to begin. Unless too the plaintiff began, it was impossible that the Court could know the facts of the case, so as to decide whether it was within its jurisdiction, or not. If, in the course of the hearing, it should appear that the issue involved a question of freehold, and so became a question of law, it would be competent to his Honour to stop the case; but until that event arose, he apprehended the case should proceed in the ordinary way. Mr. Hockin surmised that Mr. Stokes had, in all probability, taken his objection in limine, merely ex abundantia? cautela, in order that he might not be supposed to admit the jurisdiction of the Court by allowing the jury to be sworn. His Honour, having in the course of the argument, observed that there was no doubt that if the issue involved a question of freehold he had no jurisdiction, but that evidence on that subject must be on oath, ultimately ordered the jury to be sworn; Mr. Stokes stating that he should then immediately offer evidence on the plea to the jurisdiction of the Court. The jury having been sworn, Mr. Hockin opened the pleadings. The plaintiffs, he said, were WILLIAM RASHLEIGH, JOHN WOOD, and WILLIAM PAYNE, HENRY LAMBE (as administrator de bonis non of FRANCIS POLKINGHORNE, deceased), FRANCIS POLKINGHORNE PASCOE, EDWARD COODE, and THOMAS COODE, NICHOLAS CARBIS and WILLIAM HENRY BARRETT; and the defendants were THOMAS TRETHEWY and JOHN HORE, WILLIAM TREGONING and JAMES TREGONING, and THOMAS GILL. The action was one of ejectment brought to recover possession of Beam Tin Mine lying within certain Tinwork Bounds situated in the parishes of St Austell and Roche. In regard to the part of the mine in the parish of Roche the defendants made no claim; but as to the part in the parish of St. Austell, they alleged that this court had no jurisdiction inasmuch as it was the freehold of JOSEPH IVIMEY and others (who claimed under a conveyance from the Duchy of Cornwall, and as trustees of the TREVANION property;) and that the defendants, either in their own right, or as servants of the legal owners, were rightfully defending possession of the mine. Mr. STOKES then proposed to call Mr. THOMAS GILL, senior, to support by evidence the plea of non-jurisdiction on the ground that the issue involved a question of freehold. Mr. Roberts submitted that such a course would be futile, for even supposing it should be proved that a question of freehold was involved, the case might still proceed on the plaintiffs' contention, that possession of the mine should be given them by reason of determination of the sett, according to the 15th section of the Act 18 and 19 Vict.; and therefore he still urged that, as in ordinary cases, the plaintiff should begin. Eventually his Honour decided in favour of Mr. Stokes's proposal to examine Mr. Gill in support of the plea to jurisdiction; Mr. Roberts requesting that a note be made of his objection. Mr. Thomas Gill, sen., underwent a long examination and cross-examination; Mr. Roberts then by desire of the Vice-Warden, proceeded to open the plaintiffs' case to both Court and jury; after which he put in a quantity of documentary evidence and called the following witnesses:- NICHOLAS MARTIN, cashier to Messrs. COODE, SHILSON and CO. St. Austell; RICHRD GREENWOOD of Truro; WILLIAM FREDERICK CONGDON, St. Austell; HENRY LAMBE, of Truro; Captain JOHN THOMAS, now of Braunton, Devon; FRANCIS WILKINSON POPPLEWELL, of Manchester, purser of Beam Mine; ROBERT TYLER BARRETT; HENRY ANDREW; and STEPHEN SIMMONS, of Roche, captain of Goonbarrow Mine. Mr. Stokes addressed the Court in support of the defendant's pleas to the jurisdiction; after which Mr. Roberts and Mr. Hockin were heard contra, and His Honour finally decided that he had not jurisdiction, and discharged the jury without submitting any question for their consideration. The case occupied the Court many hours, and involved a great deal of argument on legal technicalities uninteresting to lay readers. NORTH WHEAL TRELAWNEY - MARTIN RICKARDS v. JAMES CONGDON and OTHERS - Mr. STOKES stated that this was a purser's petition against four defaulting shareholders, named JOSIAH HARRIS, the elder, of Quenthiock; CHAMNEY LEICESTER, of Fenwick-street, Liverpool; NEVELL VICARY SQUAREY, of Salisbury; and WILLIAM PROT, of Lanivet. Decrees pro confesso for payment were obtained on the 7th of July, for the following amounts, respectively; Harris, GBP14. 14s.; Leicester, GBP38. 10s.; Squarey, GBP141.; and Prout, GBP28. 10s. On affidavits of service and of non-payment, Mr. Stokes now obtained rule absolute for sale of shares. PAULL and ANOTHER v. JONES and OTHERS - This suit was instituted under peculiar circumstances. In November, 1836, WILLIAM CLARK mortgaged seven shares in North Roskear mine, to the plaintiff, to secure GBP100 lent by him. The shares were left standing in the name of Clark in the cost-book. Clark is dead, and the defendants are his representatives, and the shares now stand in their names in the cost-book. The money being unpaid, plaintiff, under the trust of the mortgage deed, sold four of the shares. The purser refused to accept the transfer unless defendants signed it, because they were the owners appearing in the cost-book, and defendants refused to sign, and threatened to sell for themselves. This petition was then filed to restrain defendants from selling, and to order them to sell for the plaintiff and pay him the money. An injunction was granted at the last court, and since then negotiations have been entered into between the parties, under which four of the shares have been sold. They did not produce enough to meet the debt and costs, and defendants would not pay any more. Mr. CHILCOTT, for plaintiff, now moved for a decree to take an account of what is really due to plaintiff, and that the remaining shares may be sold to satisfy the debt. There was no answer to the petition, and his Honor made the necessary order. RICHARDS v. HOOPER - WHEAL THOMAS - Mr. HOCKIN said this was a creditor's petition by Mr. MICHAEL RICHARDS against Mr. THOMAS HOOPER. The claim was for labour done between the 1st of August, 1857, and the 1st of December, in the same year, and the amount was GBP23. 5s. 1d. He moved for a decree for payment, to which Mr. STOKES, for defendant, consented. The Vice-Warden decreed payment in a week from service. In the case of TONKIN and OTHERS v. HOOPER, a claim for labour to the amount of GBP32. 8s. 6d., Mr. Hockin obtained a similar decree, Mr. Stokes, on the part of defendants, consenting. LAITY v. BENNETT - Mr. ROGERS, on the part of defendant, showed cause against the rule obtained by Mr. HOCKIN on Saturday last. He stated that Mr. Bennett is a large holder in a very fortunate mine, in the neighbourhood of Marazion, called Tolvadden, which had excited the envy of the plaintiff in this action, and some of his associates, and that was the reason of this action being brought. The Welldown field belonged to Mr. WILLIAM LAITY, the father of the plaintiff, and not to the plaintiff himself. Prior to the discovery of the rich bunch of ore in Tolvadden, Mr. Bennett had the intention of working Wheal Neptune, and for that purpose obtained the setts of different lords, and was granted one moiety of the Welldown field by Mr. JOHN JOPE ROGERS, and the other moiety by the father of the plaintiff. Plaintiff and defendant and his family were formerly on intimate terms, but about seven or eight months ago a difference took place, and plaintiff had since insinuated that Mr. Bennett was a trespasser, and that the document under which he claimed Mr. William Laity's moiety was a forgery. After some further statements, Mr. Rogers proceeded to remark upon plaintiff's affidavit (reported in Saturday's proceedings), and to submit that upon such an affidavit he was not bound to produce the document in question, inasmuch as the affidavit, he contended, did not disclose that there was a license, and did not low that plaintiff had the sanction of his father, or ever took bona fide possession of the property. He further argued that there was no privity between plaintiff and defendant as regards the license; plaintiff was not a party to it, and he submitted that defendant was not bound to produce a document made between a lessor and defendant, to a third party who happens to be a grantee. He cited MORRIS v. ROE, TYRWHITT and GRANGER's Reports 545, and submitted that before John Laity, the plaintiff, could call for the production of the lease, he must show that he legally claims by transfer from his father. He said the license plaintiff asked to have produced, never had an existence; but the lease had been shown to Mr. EDWARDS, of Helston, the confidential agent of plaintiff's father, and a copy of it had been shown to Mr. Hockin. He objected to produce the lease, because there had been an insinuation of forgery; it would, however, soon be produced, because he intended to bring a cross action. He asked the Court to make an order that an affidavit be filed by Mr. William Laity, that he had no copy, duplicate, or counterpart of the lease in his power or possession; and he asked the Court also to discharge the rule nisi with costs, supporting his application by an affidavit of Mr. ABSALOM BENNETT, the defendant, which stated that Mr. Bennett was now, and had been for some time past, in possession of the Welldown field, under grants from JOHN JOPE ROGERS and William Laity, and the last clause of the affidavit were - 3. "That I have no license in my custody, possession, or power, granted by the said John Laity to me in the latter part of the year 1855, authorising me either alone, or jointly with some other person or persons, to work for and obtain one undivided moiety of the mines rals within the said Welldown field, for a period of six or 12 months only, as stated in plaintiff's affidavit. 4. That I am in possession of the said field so far as respects the said William Laity, under a grant or grants from him, on an agreement or agreements for the sett for 21 years, about three years only of which have expired. Mr. Hockin replied, and submitted that he was entitled to the rule being made absolute for production of the document. He had written to Mr. Rogers to disclaim any imputation of forgery, either proceeding from plaintiff or himself. He did not believe plaintiff's father was hostile to this application, and he submitted that for the purpose of inspection of the document, plaintiff was in the same position as if his father had conveyed the property to him, as he had been mining there by the authority of his father. The Vice-Warden said he would consider the case. THURSDAY, AUGUST 12 - LAITY v. BENNETT - The Vice-Warden made the following order this morning in the case of the rule argued yesterday:- If the defendant shall file an affidavit of Mr. Laity the father, stating that he has not in his possession or power any copy, counterpart, or duplicate of such grant or agreement hereinafter mentioned, and that he authorises and assents to the application of the plaintiff to obtain an inspection thereof from the defendant then, upon production of a copy of such affidavit to the defendant or his attorney; I order that the defendant do produce for the inspection of plaintiff or his attorney the original grant or agreement (or grants or agreements if there be more than one) referred to in the fourth paragraph of the defendant's affidavit sworn on the 11th day of August instant, and do permit the person so inspecting to take a copy thereof at his own expense, and that the time and the place for inspection be the 21st day of the present month, between the hours of 3 and 4 p.m., at the office of the defendant's attorney, unless the parties should agree on some other time or place for inspection. Let the costs of such inspection be paid by the plaintiff, and the costs of the application be costs in the cause. CARPENTER v. CREMER and OTHERS - Chollacott Consols, Whitchurch, Devon. This was a purser's petition for recovery of calls. Mr. CHILCOTT appeared for plaintiff and Mr. STOKES for defendants O'REILLY, STOCKWELL, and ENSOR. We shall give a report of this case next week, and also of the case of the same plaintiff against BELL and OTHERS, in which Mr. Stokes appeared for defendants BELL and DALY. TRURO COUNTY COURT. The August sittings were held on Friday and Saturday before Mr. J. T. H. PETER, deputy judge. - BRAY v. TOM - In this case the plaintiff claimed from the captain of the ship "Clio," of Padstow, the sum of 14s. for four days wages as mate. The plaintiff stated that at the end of a voyage to and from Quebec, on the 25th of July he met with an accident on board, by which he broke the cap-bone of his knee. The vessel arrived at Plymouth in the evening of the same day, and he was kept on board until the evening of the 28th, when he was put ashore. On the following day the defendant came to him and wanted him to sign a release for wages, which he refused to do, and on his being able to get out of bed afterwards he found he had been paid four days short; the defendant having previously refused to pay him because he would not sign the release. He (the plaintiff) was not paid at all by the defendant, but was paid at the shipping office. He afterwards summoned the owners of the ship, and they appeared before the magistrates at Plymouth, who advised him to accept what the captain offered and sue him for the remainder. For the defence Mr. PAULL put in a release, (under the shipping master's certificate) signed by the plaintiff, and affirming that all claims against the ship had been paid, and that no wages were due; and even if any were due it was the ship-owners, and not the captain who would be liable. His Honour gave judgment for defendant. KNUCKEY and SONS v. BOGGI - In this case the plaintiffs were the well-known firm in Boscawen-street, Truro, and the defendant was JAMES BOGGI, a modeller of wax figures, at 11 Margaret-street, Clerkenwell. The claim was as follows:- 1855. Aug. 23. - To 3 old wax figures, 3 pair eyes, 3 sets teeth, and 3 stands .....GBP3. 5s. 0d. To cash paid for recasting 2 figures and package ....."2. 15s. 0d. Total GBP6. 0s. 0d. Mr. WILLIAM KNUCKEY deposed that he sent three old wax figures to the defendant to be re-case into two figures, and paid him GBP2. 15s. for the job, as by receipt now produced; but from that time the defendant had not sent the figures nor returned the wax or money; though several demands had been made on him. His Honour gave judgment for the plaintiffs, for GBP6. CHANNON v. THOMAS - In this case the plaintiff was Mr. GEORGE CHANNON, veterinary surgeon of Tregony; the defendant Mr. MATTHEW THOMAS, cattle-dealer, of Truro, for whom Mr. PAULL appeared. The claim in this case was for GBP2. 6s. for medicines supplied to a cow, and for attendance on her, by order of Mr. DUNN of Trewithian, authorized, it was alleged, by the defendant. The prosecutor deposed that on the 19th January he was called on by Mr. Dunn to attend one of the pair of bullocks which he had bought at Grampound, on the 13th of January, of Mr. Matthew Thomas, and one of which was alleged to be diseased. Mr. Dunn told him, when he first came, that Mr. Matthew Thomas would pay for the treatment of the cow, and form the first, he understood that Mr. Thomas was to pay; he wrote to Mr. Thomas two or three times while he was treating the cow, and afterwards sent the bill to him, and never to any one else. Mr. Dunn deposed that a few days after he had bought the cows he found that one of them was unsound, and he so informed Mr. Thomas, who said "if the bullock is unsound, I'll make it sound to you," and told him to get a veterinary surgeon. Witness asked whom he should apply to; saying that Mr. Channon was his veterinary surgeon; and Mr. Thomas replied "by all means apply to him." Witness returned to his home and finding the cow no better, he went to Mr. Channon, who came and saw the cow next morning the 19th January, and attended her until the first week in February, and during that time he saw her at least half a dozen times, bled her, and gave her medicines; and in the opinion of witness, who had been in the habit of buying and selling cattle for thirty years, he treated the bullock very fairly, and did not send more medicine that was necessary. Cross-examined: Mr. Thomas himself proposed that I should get a veterinary surgeon; I did not suggest it; I was not going to get a veterinary; I should have let the cow die, and have got the value from Mr. Thomas, for I had bought the cow at a sound price. I afterwards had another cow instead of this unsound one, and I paid GBP1 on the exchange; but at that time there was nothing said about the payment of Mr. Channon's Bill. CHARLES WILLIAMS was at Grampound Fair on the 11th of June and heard a dispute between the plaintiff and defendant about a bullock; heard Mr. Dunn ask Mr. Thomas if he did not tell him to get a veterinary; and Thomas answered that what he told him was that if the cow was bad he had better get a doctor for her. Mr. PAULL, for the defence, addressed the court, and called the defendant, Matthew Thomas, who stated that on the 13th of January he sold Mr. Dunn two cows for GBP22. Some time in the same week he came to me and said one of the cows was bad. I said she was perfectly sound when you had her of me, and if she is not sound, "I'll make her sound." I had never seen anything the matter with the cow while I had her. He said "I think we had better have a farrier for her," and that Mr. Channon, of Tregony, was his farrier. I said "do what you like; you can have him if you like." I did not authorize him to have Mr. Channon. I said, "if the cow is ill, I would have a farrier, if I was you." In consequence of the exchange afterwards made, GBP1 was due to me; and as Dunn would not pay me, I issued a summons in the Stannary Court for that amount which he has since paid; nothing was said to me about the expenses to Channon until I demanded GBP1 from Dunn, at Grampound fair on the 11th of June. I could prove that the cow is sound at the present time; she never had a halfpenny-worth of medicine while she was in my possession; and after I had her back from Mr. Dunn she was always well. The learned Judge held that the plaintiff had not made out his case, and directed a nonsuit. COMMITTALS - Committals of defendants were ordered in the following cases:- JOHN HAWKEN (surviving partner of NICHOLAS JOHNS deceased)v. CHARLES TRELEAVEN, Custom House, London; defendant committed for 30 days for non-payment of GBP18. 5s. 8d. ALEXANDER STEVENSON, v. JAMES RESUGGAN; defendant committed for 14 days for non-payment of GBP1. 8s. 10d. ALEXANDER STEVENSON, v. MARY ANN STEWART; defendant committed for 14 days for non-payment of GBP1. 0s. 6d. NICHOLAS LAMPSHIRE v. JOHN GEORGE; defendant committed for 30 days for non-payment of GBP1. 3s. THOMAS OSBORNE v. WM. SYMONS; defendant committed for 30 days for non-payment of GBP2. 14s. 3d. THOMAS WILLIAMS v. WM. WILLIAMS; defendant committed for 20 days for not appearing. JOHN MANLEY v. JOHN HARRIS; defendant committed for 30 days for non-payment of 4s. 3d. GEORGE WYATT v. JAMES RULE; defendant committed for 14 days for non-payment of 10s. 1d. GEORGE WYATT v. MARY ANN CHAMPION; defendant committed for 20 days for non-payment of 14s. 3d. JOSEPH HUGO (executor of THOMAS HUGO), v. WM. PETHERICK; defendant committed for 20 days for non-payment of GBP1. 1s. 2d. JOSEPH HUGO (executor &c.,) v. JAMES HAYCRAFT; defendant committed for 20 days for not appearing. CHARLES HERON v. WM. PETHERICK; defendant committed for 30 days for non-payment of GBP4. 4s. 4d. GEORGE CRICHTON v. EMILY JAMES; defendant committed for 20 days for not appearing. Defendant committed for 20 days for not appearing. ED PENMAN v. JOHN THOMAS; defendant committed for 30 days for non-payment of GBP1. 17s. 6d. ED PENROSE v. STEPHEN PAULL; defendant committed for 30 days for not appearing. T. W. CALF v. HENRY GILLARD; defendant committed for 20 days for not appearing. WM. RUSE v. WM. JENKIN; defendant committed for 20 days for not appearing. LOCAL INTELLIGENCE - SHIPWRECKED FISHERMEN AND MARINERS' BENEVOLETN SOCIETY - Captain G. BREWER and eleven of the crew of the late barque "Alexander Johnson," of Hull, which vessel foundered in the Bay of Biscay, on the 28th of July last, were landed at Falmouth on the 1st of August from a foreign vessel, which had picked them up from the boat. On landing they were sent to the Sailors' Home, the members of the society having been paid for by Captain Bradfield, the honorary secretary, and the others paid for themselves. They were all forwarded by steamer to their respective homes. ST. AUSTELL COUNTY COURT - This court was held on Wednesday and Thursday the 21st and 22nd ultimo. There was one insolvency case for protection, re ELIZABETH STRIPP, of St. Austell, grocer. The insolvent was opposed by Mr. BISHOP, on behalf of Messrs. GRIGG and TUCKER, of St. Austell. Mr. MEREDITH, on behalf of insolvent, urged that he might be allowed time to amend the schedule, and finally obtained an interim order for protection until the next court, when the first hearing will take place. There was one jury case, that of ROBERTS v. OLLIVER, which was an action brought to recover GBP10 for damages sustained by the plaintiff, by diverting the St. Austell stream to clean the river, whereby a field prepared for barley became flooded and remained in that state for five or six weeks. Several witnesses were examined on both sides, and after a short consideration the jury returned a verdict for plaintiff, damages GBP8 and costs. PENZANCE COUNTY COURT - At this Court, on the 3rd instant, the following case was heard by jury:- HARVEY and CO. v. STEPHENS and ANOTHER. Plaintiffs, the Messrs. Harvey and Co., of Hayle Foundry, sued Mr. Stevens of St. Ives, owner, and Mr. John Stevens, of the same place, captain of the "Carn Brea," for GBP11, under the following circumstances:- The harbour of Porthleven belongs to plaintiffs. It is a narrow tidal harbour on a bad part of the coast, and vessels can only enter it at peculiar states of the tide. As the harbour gradually shelves from its inner to its outer part it has been a standing rule ever since 1811, that vessels of light draught shall first enter, supposing several to be waiting outside. Common sense shews the wisdom of this, because then the light-draught vessels would proceed highest up the harbour, and there would be room towards the entrance for heavier vessels. On the afternoon of the 1st of January last three vessels were waiting for water - the "Mellanear," the "Nancy," and the "Alma" - and the "Carn Brea" came up. Capt. HARRY, of the "Nancy," a vessel which belongs to plaintiff's, ascertained that the "Alma" drew the heaviest draught, twelve feet, and the "Mellanear" the lightest. Between these two the "Carn Brea" started, drawing more than eleven feet of water, and the "Nancy" followed. The "Carn Brea" took the ground outside the eleven-feet mark. It was a heavy night, with a S. W. by W. wind blowing directly into the harbour, and the vessels in Porthleven rocked and rolled all night. The "Nancy" came in, ran against the 2Carn Brea," and remained a long time grinding her bulwarks against her, and for this damage the action was brought. The unusual circumstance that a vessel which ran into another, afterwards brought an action against her was thus accounted for. Capt. Stevens stated, in his anxiety to get into harbour, that he drew ten feet, whereas he drew eleven feet, and his misstatement, it was alleged by the plaintiffs, caused all the mischief. Mr. CORNISH, who appeared for the Messrs. Harvey, said that under the Mercantile Marine Act, the misrepresentation of the draught of a vessel was a criminal offence, but his clients had no personal feeling in the matter; they only thought it their bounden duty to teach Capt. Stevens that he must not do such things, and to inform the public, by means of the publicity of this court, that such a rule existed at Porthleven and must not be broken with impunity. After the examination of several witnesses, Mr. MILLETT addressed the jury for the defence, and strongly urged that there was ample room on either side of the "Carn Brea" to run the "Nancy," without touching her, or the latter might and ought to have been hauled astern and moored where the "Alma" was moored. The jury (which was a special one, agreed to by the advocates on both sides and approved by the judge, and consisted of Messrs. H. DAVY, MATHEWS, and H. STEWART, of Penzance, Mr. WM. TONKIN, of Newlyn, and Mr. G. DAVIES, of Scilly,) retired to consider their verdict, and soon announced it to be for GBP11, amount claimed. BIBLE CHRISTIAN CONFERENCE - The fortieth annual conference of the Bible Christian denomination commenced its sittings at Mount-street chapel, Devonport, on Wednesday, July 28th, at six o'clock in the morning. The conference was composed of sixty-three persons, preachers and representatives. Mr. JAMES HINKS was chosen president, and Mr. MATTHEW ROBINS secretary. Six young men were recognised as approved ministers on Friday night, and fourteen are coming out to travel. The usual public services were well attended, and some of the sermons were characterised by much vigour of thought, and spirituality of feeling. There has been an increase in every department of the work, both at home and abroad. It is thought that the addition to the societies will be nearly 2,000, when the returns from Canada are received. THE DAMPIER CLOCK - The clock committee reported that it is now necessary to determine on prompt steps to be taken to prepare a fitting erection for the Dampier clock, of the benefit of which the town is likely to be deprived in case there is any further delay in the matter; and they have further to report that they have little expectation of being able to raise the necessary funds by a general subscription, in consequence of the various demands for public purposes which have recently been made on the inhabitants of the town. They therefore recommend that the Town Council should take upon them the requisite outlay, inviting donations in aid of their funds. Signed by Mr. STOKES, Dr. BARHAM, Mr. J. B. JOB, and Mr. UGLOW. A long discussion took place on this subject. Mr. Job said he had understood from the chairman of the clock committee (Mr. Stokes, who was not then in the room), that he had received a letter from Mrs. DAMPIER, stating that if the clock was not accepted and fixed, she had another place to dispose of it. The Mayor said the present two clock was in fact only a parish clock, under the control of the rector and churchwardens, and it might be stopped at any time in consequence of the breaking of a rope or of some squabble between themselves and the parishioners. He thought they ought to avail themselves of the liberality and munificence of the late Vice-Warden, and do justice to his good intentions by accepting and putting up the clock. Dr. Barham said, it had been estimated that to erect an illuminated clock with four dials, would cost GBP350, and a clock with two dials would cost GBP100 less. He then addressed the council in favour of two dials, considering them sufficient for the greater part of the town, and that four dials would not make the time visible at remote parts of the town, and in other places where blocks of buildings intervened. Mr. Job though four dials would give far greater satisfaction to the town at large. The Mayor and Mr. E. MICHELL also expressed themselves in favour of four dials. The Mayor thought they ought to look to the future convenience of the town; if they had four dials, the time would be shown at the approach to the railway station, and also in the direction of the river. He offered to lend what money might be required for the purpose independently of donations from the town. Mr. E. Michell said, if they had four dials, it would increase the debt of the council to about GBP1,000; with two dials, the debt would be GBP900, and he preferred the four dials. Mr. Stokes said the plans for erection of a clock turret for two dials were prepared by Mr. SMIRKE, the brother of the present Vice-Warden, being a modification of Mr. EALES's plans, and submitted to Mr. PRYOR; for four dials the plans would merely require

Does anyone know of available records relating to Bible Christians in either Cornwall or Devon please? My living relatives, as were one set of my grandparents, members I think. They tell me their "religion"' / "'denomination"' doesn't have a name - they are simple Christians following the word of Jesus. My Grandmother used to take me to their meetings occasionally when I was about 7 or 8 and I remember them well and a good experience. My parents did not follow the group though. Diane - Western Australia On Fri, Aug 29, 2014 at 2:43 PM, isabelj via <cornish-gen@rootsweb.com> wrote: > West Briton and Cornwall Advertiser. 13th August, 1858. > > STEAM TO NEW YORK DIRECT - And the cheapest and shortest route to > Canada West. The Liverpool, New York, and Philadelphia Steamship > Company, intend dispatching their full powered, Clyde-built, Iron Screw > Steam-ships from Liverpool to New York, as follows:- City of > Baltimore... Wednesday, 18th August. Kangaroo... Wednesday, 1st > September. City of Washington... Wednesday 15th August, and each > alternate Wednesday. Cabin passage, 15, 17, and 21 Guineas, according > to the accommodation. Forward Passage, 8 Guineas, including > provisions. Passengers for Canada and the United States, booked > through on very advantageous terms. For further particulars, apply to > WILLIAM INMAN, 22, Water-street, Liverpool; or to GEORGE M. STRINGER, > Plymouth; WILLIAM WADE, Redruth; JOHN PERMEWAN, Penzance; BENJAMIN > J. NOTT, St. Austell; and J. VINCENT, Truro. > > STEAM UNDER 60 DAYS TO AUSTRALIA - Passage GBP14 and Upwards. The > Liverpool and Australian Navigation Company's celebrated Steam > Clippers, in conjunction with the Eagle Line Of Packets, are dispatched > on the 15th of each month, to the consignment of BRIGHT BROTHERS, and > co., Melbourne, forwarding Passengers to all parts of Australia. > Packet of 15th August, the magnificent new seven years' A 1 first class > clipper ship "Resolute," Capt. WALLACE, 1,112 tons register, 3,000 tons > burthen. This magnificent new clipper, built specially for the > passenger trade, is one of the handsomest models afloat, and is > expected to prove the fastest ship of the day. Her noble and spacious > saloon is fitted in the most complete manner with baths, ladies' rooms, > &c. The state rooms, 9ft. by 6 1/2 ft. are very large and commodious; > and bedding and every requisite is provided. Apply to GIBBS, BRIGHT & > CO., 1 North John Street, Liverpool; ROBERTS & IRVING, 9 Cornhill, > London; or to Mr. EDWARD HEARD, Stationer, &c., Boscawen Street, Truro; > Mr. J. S. TONKIN, Gwennap, near Redruth; Mr. JOHN BEST, Falmouth, and > Helston, Cornwall. > > THE GOLD-FIELDS OF BRITISH COLUMBIA - The San Francisco correspondent > of the Times sums up all the reliable information on the subject of the > value of the new gold fields. He writes on the 14th of June:- All the > arrivals of individuals and of correspondence not only confirm all the > information conveyed in my late letters, but bring further intelligence > of a still more flattering character than anything I have hitherto > reported, and of a more precise and practical nature than we before > knew. The effect in California has been astonishing; but instead of > describing this at present, I will give the facts which have produced > it. The only way in which I can give an intelligent statement in a > moderate compass is to sift the facts from the mass of correspondence > and personal details at hand. The following is the experience of a man > from San Francisco, well known here, connected with a business firm in > this place, and whose statement is worthy of credit. He left San > Francisco in April, and, in company with seven others, ascended the > Fraser River 275 miles. I will let him tell his story in his own way, > interposing only such remarks of my own as will be explanatory of his > "terms" and of the localities mention. > > "We proposed all along coming up from Fort Hope to Sailors' Bar, > several days' travel, and in some places cot two bits to the pan and in > some places five cents." Two "bits" may be set down as of the value of > a shilling sterling. We camped and commenced mining at Sailors' Bar, > about 25 miles above Fort Yale, which has rich diggings, in some places > paying as high as six bits to the pan. The "pan," most readers know by > this time is a small tin basin with which the miner "washes" the gravel > containing the gold. When I arrived miners were making as high as six > ounces a day to the rocker. These are enormous earnings. Six ounces > of gold, at its market value of 16 dollars the ounce, will be nearly > GBP20 per sterling, as the product of the daily labour of two men, > which a "rocker" should have to work it sufficiently - one to "fill" > and another to "rock," and not hard work either, barring the > inconvenience of being in the water. Such results were frequent in the > early times of California mining when the soil was "virgin." We mined > along the banks of the river (the Fraser), and the average was from two > to three ounces per day to the rocker. Miners are at work all along > the banks of the river, for 25 miles about Port Yale. These returns > refer to mining carried on on such "bars" of the Frazer River as were > exposed; but the rise of all of the water from the melting of the snow > on the mountains far up rendered the work uncertain till August, when > the waters subside for the season. The river sometimes rises three > feet in a night, and as a consequence, a man cannot make his expenses > there. It appears from the concurrent testimony of all who have been > up the Fraser and Thompson rivers that the higher they go up the more > plentiful the gold becomes. This corresponds exactly with Californian > mining experience. The gold is retained where the bed of the stream is > gravelly. > > This man describes the country as - very rich and beautiful, but high > and mountainous. You are surrounded by mountains entirely. There is > plenty of timber. And everything a miner can wish for except game and > provisions. But this is rather a grave desideraturm, as even miners > cannot eat gold. However, there is some "balm in Gilead." There are > plenty of salmon in the river, and brown bears in the woods. They (the > bears) are very good eating. They are much more accommodating "bears" > than their "grizzly" brethren of California, whose flesh is as tough as > shoe-leather. Whether we 'prospected' (above Fort Yale) found gold - > at some places more, at others less; but we found gold everywhere. At > the rapids or falls, 20 odd miles about Fort Yale, where the water fell > near 15 feet over the rocks and prevented our ascending higher (in > their canoe) we prospected and found gold very plenty. Near the falls > and from Sailor's Bar up, many miners were at work, all with rockers. > Gold very fine - requiring blankets to be spread at the bottom of the > rockers to save the find particles. There are, undoubtedly, plenty of > 'bars' containing gold. By the use of quicksilver twice as much gold > could be saved, as some of it is as fine as flour." > > The person from whose narrative I have been quoting left his mining > "claim" in charge of two partners. He bought down to San Francisco > some of the "dust" dug by him above Sailors' Bar. It is in fine > scales of a dark brownish colour, as if alloyed with copper. He had > returned to the Fraser river with supplies of provisions, &c. The > special correspondent of the San Francisco Bulletin, a reliable > authority, writes from Fort Langley, 25 miles up the Fraser, under date > May the 25th, that he had just come down from Fort Yale - the locality > above spoken of - where he found 60 men and 200 Indians, with their > squaws, at work on a "bar" of about 500 yards in length, called "Hill's > Bar," one mile below Fort Yale, and 15 miles from Fort Hope, all > trading posts of the Hudson's Bay Company. > > "The morning I arrived, two men (KERRISON and Co.) cleaned up 5 1/2 > ounces from the rocker, the product of half a day's work. Kerrison and > Co. the next day cleaned up 10 1/2 ounces from two rockers, which I saw > myself weighed. This bar is acknowledged to be one of the richest ever > seen, and well it may be, for there is a product of 15 1/2 ounces, > worth 247 1/2 dollars, or GBP50 sterling, from it in a day and a half > to the labour of two rockers. Old Californian miners say they never > saw such rich diggings. The average result per day to the man was > fully 20 dollars; some much more. The gold is very fine; so much so > that it was impossible to save much more than two-thirds of what went > through the rockers. This defect in the "rocker" must be remedied by > the use of quicksilver to "amalgamate" the finer particles of gold. > This remedy is at hand, for California produces quicksilver sufficient > for the consumptions of the whole world in her mountains of Cinnabar. > Supplies are going on by every vessel. At Sailor Diggings, above Fort > Yale, they are doing very well, averaging form 8 dollars to 25 dollars > per day to the man. I am told that the gold is much coarser on > Thompson river than it is in Fraser river. I saw yesterday about 250 > dollars of coarse gold from Thompson river in pieces averaging 5 > dollars. Some of the pieces had quartz among them. HILL, who was the > first miner on the bar bearing his name, just above spoken of, with his > partner, has made some GBP600 on it in almost sixteen days' work. > Three men just arrived from Sailor Diggings have brought down 670 > dollars in dust, the result of twelve days' work. Gold very fine. > Rising of the river driving the miners off for a time. Another > authority, a Californian miner, known in San Francisco, also lately > returned from the Fraser and Thompson rivers, testifies to the > existence of gold in great quantity. This statement, he says, is true; > gold does exist in this new country, and there is no doubt in my mind > that the upper mines are much like the upper mountain mines of > California. The first diggings are not far from the Sound (Puget > Sound); but there, as in California, the richest mines will be found > far up in the mountains. He advises the multitudes now rushing up in > such mad haste "to be the first there," that "there is no occasion to > hurry, as the gold won't run away, not be dug up in a day, nor in > years."" > > LOCAL INTELLIGENCE - ECCLESIASTICAL - The Rev. WILLIAM PESTER > CHAPPEL, M.A., eldest son of Mr. WILLIAM TRAER CHAPPEL of Truro, has > been instituted to the Rectory of Camborne, void by the death of the > Rev. HUGH ROGERS, who was the incumbent for 42 years. The Rev. VERNON > PAGE has been instituted to the Rectory of St. Tudy, void by the death > of the Rev. HONORATUS LEIGH THOMAS. The Rectory of Camborne is value > at GBP900 a year, and that of St. Tudy at GBP650. > > CHURCH RATE MEETING AT LUDGVAN - A notice having been posted, signed > ARCHIBALD PARIS, rector, and JOHN EDWARDS and ROBERT BILKEY, > churchwardens, that a vestry would be held at the Schoolroom, on the > 6th of August, at ten o'clock in the morning, to apply for a > church-rate; a great number assembled, and very much complained that > they should be called from the harvest field to attend such a meeting. > No estimate was produced by the churchwardens, nor any account given of > the voluntary subscription they had received, which is said to be many > pounds. It was moved by Mr. WILLIAM RICHARDS, and seconded by Mr. > JAMES HOSKING, that three half-pence in the GBP be granted. An > amendment was moved by Mr. R. V. HOSKING, and seconded by Mr. ROBERT > CURNOW, that no rate be granted, and that no church-rate meeting take > place for the next twelve months. The chairman refused to put the > amendment, which was persisted in by a majority of the meeting. The > chairman insisted that those in favour of the rate would hold up their > hands, when eight hands only were held up. Mr. Hosking desired those > against the rate to hold up, when 25 hands were shown. Mr. WILLIAM > RICHARDS, a resident at Penzance, three miles off, demanded a poll, and > a notice in the chairman's handwriting has been stuck up, that the poll > will take place next Friday from ten a.m. to four p.m. Mr. R. V. > Hosking said there are now nine chapels in the parish kept up by > voluntary subscription, and he offered to subscribe towards the church. > The Rector said he would not accept it. > TRURO INSTITUTION - The Rev. F. C. HINGESTON, B.A., of Exeter > College, Oxon, has forwarded for the library of the Truro Institution, > through Mr. ENDEAN, Bookseller, a copy of "JOHN CAPGRAVE'S" Chronicle > of England," published by the authority of the Lords Commissioners of > her Majesty's Treasury, under the direction of the master of the Rolls, > and of which he is the editor. > > THE OXFOR MIDDLE CLASS EXAMINATIONS - The results of the "examination > of persons not members of the University," which was held at various > Education Centres, in the week commencing the 21st of Jun, was on > Wednesday last issued by the delegates. Among those candidates who > were examined at Exeter, and obtained distinction, we observe the names > of W. DREW, of Pennance, Cornwall, educated at Probus School, and S. > EDWARDS, of Tavistock, educated at Union Terrace Academy, Barnstaple. > > UNIVERSITY COLLEGE, LONDON - At the distribution of prizes in the > faculty of Medicine, for the session of 1857-58, held on Saturday last, > the Gold Medal for Botany, the second Silver Medal for Chemistry, and a > Certificate of Honour for Anatomy, were awarded to Mr. HENRY CHARLTON > BASTIAN, of Falmouth. > > APOTHECARIES' HALL - Mr JAMES SAMER, of St. Cleather, passed his > examination on the 5th instant. > > CORNWALL SAILORS' HOME - The following is from the Shipping Gazette, > dated Limerick, August 3:- I beg leave, through the medium of your > widely-circulated paper, to return my sincere thanks to the > Superintendent of the Sailors' Home, at Falmouth; also the Master of > the Home, Mr. PEARSON, for their kind attention to an apprentice > belonging to the barque "Martha Kay," of Sunderland, named JOHN EVESON, > who fell from the foregaff on the deck, the day we arrived at Falmouth, > viz, the 10th ultimo, and broke his left leg below the knee, and cut > his head badly, when he was taken to the Sailors' Home at Falmouth, and > under the kind treatment as above I have no doubt but he will be able > to join the ship again before she is ready to sail on her outward > voyage, which will be from Cardiff. I beg to notice particularly that > the Sailors' Home was kept clean and orderly, and I think every > shipmaster ought to patronise Sailors' Homes as much as possible. I > am, dear Sir, yours respectfully, P. E. LAWSON, Master of the barque > "Martha Kay". > > SHIPWRIGHTS' WAGES - At a meeting of the master shipwrights, held on > Wednesday last at Falmouth, the wages for shipwrights were reduced 6d. > per day. > > EMBEZZLEMENTS BY A CLERK - At the Warwick assizes JESSE KITTO, late a > clerk in the service of Messrs. VIVIAN and SONS and Mr. HENRY HUSSEY > VIVIAN, copper smelters, of Swansea and Birmingham, was indicted for > embezzling a large sum of money, the property of his masters. The > indictment contained two counts, and the sum the prisoner was arraigned > for embezzling was GBP287. 11s. 6d.; but the gross amount is supposed > to exceed GBP1,000. Mr. MELLOR, Q.C., and Mr. BAYLY, were retained for > the prosecution, and Mr. ADAMS for the defence. The prisoner was > called up to plead on Friday evening, when he pleaded not guilty to the > whole charge, and the trial was fixed to take place on Saturday > morning. The prisoner, when placed at the bar, seemed to feel his > position most acutely; he bowed his head on the bar of the dock, and > wept bitterly. Mr. Adams, addressing the learned judge, said that, by > his advice, the prisoner would withdraw his plea of not guilty, and > acknowledge the offence with which he stood charged. His case had > excited the greatest commiseration, and perhaps it would be right for > him (Mr. Adams) to state to the court a few of the chief facts involved > in the case. The prisoner, who was a very young man, had at an early > age been appointed to a place of great trust and responsibility. His > delinquency commenced by first taking a small sum of money, and that > one misappropriation had of course let to the succeeding ones. The > prisoner had always been treated kindly by his employers, and even now > they wished him to be dealt with as leniently as possible. It was with > a knowledge of that fact that the prisoner had thrown himself on the > mercy of the court, and it was hoped that a severe sentence would not > be passed. His Lordship: It is a very serious case, and one which I > must have time to consider. The prisoner was then removed. He was > brought up for sentence on Tuesday, when his lordship directed that he > should be imprisoned for two years. (Jesse Kitto formerly lived in > Truro, and was a pupil teacher at the Cornwall Central School before he > went into the employ of Messrs. Vivian.) > > FALMOUTH QUARTER SESSIONS - At these sessions, held on the 6th > instant, before Mr. COX, Recorder, Mr. MOORMAN, Mayor, and the borough > magistrates, WILLIAM WARNE, and BETSY, his wife, were indicted for > keeping a disorderly house, in Smithick-hill, Falmouth. Mr. A. YOUNG > conducted the prosecution. The prisoners on being asked if they were > defended by attorney, replied that they were too poor to employ one, > whereupon the learned Recorder requested Mr. JENKINS to watch the case > on their behalf. Several witnesses, who were neighbours, were called, > and they proved that they were frequently disturbed at night by great > noises occurring in the prisoner's house, by reason of men and women > congregating there, and drinking and behaving otherwise disorderly; but > the majority of these witnesses admitted, on cross-examination, that > the noises arose from quarrels which took place between the prisoners > themselves, and it seemed that a disturbance had, previous to the > committal of the prisoners, taken place between these witnesses and the > prisoners, and that summonses had been obtained for their attendance > before the borough justices. Mr. Jenkins addressed the jury on behalf > of the prisoner, and contended that with regard to the male prisoner > there was no evidence whatever of his being guilty of the offence laid > in the indictment, and that with regard to the female prisoner, the > evidence failed to make out the charge; that a bad feeling was shewn to > have existed between the witnesses for the prosecution and the > prisoners, and that this was the reason why the present charge was > brought forward, and that consequently their evidence was not to be > relied on. The learned Recorder summed up the evidence very carefully, > and the jury, after retiring, returned a verdict of not guilty as to > William Warne, and guilty as to Betsy Warne, who was immediately > discharged on her husband entering into a recognizance that she should > appear and receive judgment whenever called upon. > > HELSTON QUARTER SESSIONS - At these sessions on Monday last, JANE > CANNAN was tried for robbing WILLIAM LOBB, of St. Agnes, of GBP15, in > gold, at Helston fair, on the 24th May. From the evidence of the > prosecutor, it appeared that as he was passing along the street, a > female suddenly seized him, and placing her left arm around his neck > managed to abstract the money which was in an inside pocket of his > waistcoat. He did not discover his loss for a few minutes, when he > gave information to the police, and in a short time met the prisoner > with another woman. He gave her in charge for the robbery, and she was > committed for trial. It being late in the evening, and the person who > robbed him having her face covered with a veil, the evidence did not > seem satisfactory to the jury, and they declared Cannan Not Guilty. > The woman is known to the police in the county, and goes by various > names. > > ST AUSTELL PETTY SESSIONS - These sessions were held in the Town > Hall, on Tuesday last, before Mr. E. COODE, jun., and Mr. LAKES, county > magistrates, when the following cases were disposed of. THOMAS > LAMERTON, of Holmbush, was charged by JOHN VICARY, gamekeeper to Major > CARLYON, with trespassing on Tregrehan grounds in pursuit of game; he > was fined 20s., and 12s. 6d. costs. > > WILLIAM HORE, of Mount Charles, was fined 5s. and expenses for being > drunk and disorderly. > > On Wednesday last, RICHARD HICKS, a fish jobber of Mevagissey, was > charged before Mr. LAKES with being drunk and driving furiously through > the town of St. Austell. He was fined 5s. and expenses for being > drunk, and was summoned to appear at the next petty sessions to answer > to the charge of furious driving. > > TRURO POLICE - On the 5th inst., before Mr. CHAPPEL, ELIZA GORDON, an > old Scotchwoman, who has spent a considerable time in Bodmin gaol, was > charged by P. C. WHITE with being drunk and disorderly, making use of > disgusting language, to the annoyance of the inhabitants, and wandering > about the streets as a vagrant. She was again committed to Bodmin gaol > for twenty-one days with hard labour. > > On Monday, before Mr. CHAPPEL and Mr. E. MICHELL, AMOS DUNGEY, > blacksmith, was charged with being drunk and fighting near the Union > Hotel, and assaulting and resisting police-constables WHITE AND GAY > whilst in the execution of their duty. On Sunday evening, Dungey had > been drinking at Malpas, and on his return went into the Union Hotel. > A dispute arose between him and a man called BENNY, relative to the > forthcoming Truro regatta; high words led to blows, and they turned out > into the street to fight. Police constable Gay and White were soon on > the spot, and apprehended Dungey, who resisted, kicking White in the > forehead and different parts of the body, and also kicking Gay. It > appeared the party in the public house were not making any disturbance > before Dungey came. He was fiend 20s. and costs for assaulting and > resisting White, and the same for the offence against Gay. > > On the same day (Monday) before Mr. CHAPPEL and Mr. E. MICHELL, ROBERT > BLEE REYNALDS, son of Mr. JEREMIAH REYNALDS, was charged with > assaulting THOMAS COCK, an apprentice to Mr. Reynalds. Defendant > admitted that he had struck Cock, but said it was in consequence of > provocation. A younger brother of Cock's was assisting Mr. Reynalds's > son in making up parcels, and making two or three mistakes, young Mr. > Reynalds said "if that is the way you do your work, you had better go > home." The elder Cock then said to the young Reynalds, "you understand > you are not his master, you have no right to interfere with him." Some > further words passed, and Reynalds struck Thomas Cock on the breast. > JAMES MAY, a waggoner, and HENRY BENNALLACK, a boy, both in Mr. > Reynalds's employ, witnessed the assault, but stated that the blow as > not a violent one, and could not have done injury. The magistrates > suggested that the parties had better arrange their differences, as no > serious assault had been committed. This, however, complainant > declined to do, and defendant was fined 5s. and costs. > > On Tuesday, ELIZABETH WILLIAMS, of Probus, was committed for twenty-one > days, for being drunk and disorderly at Chapel-hill, between seven and > eight o'clock on Monday evening. > > ELIZABETH MARTIN and ANN MARIA MURREN, both of Truro, were charged with > being drunk and disorderly in Kenwyn-street, on Monday evening. Mr. > NASH proved previous convictions, Murren having been committed about > twelve times and Martin six times. They were sentenced to three > months' imprisonment with hard labour. > > On Wednesday last, SOPHIA STEVENS, of Truro, NANNY HUDDY, of Probus, > and CATHERINE COCK, of Redruth, were charged before Mr. CHAPPEL with > keeping houses of bad character in the neighbourhood of Chapel-hill, to > the annoyance of the inhabitants. They were remanded till Thursday, > when they were again brought up and ordered to pay costs and leave the > town, or be committed for trial. They said they would do so, and a > week was allowed them to comply with those conditions. > > CAMBORNE PETTY SESSIONS - At these sessions held on Tuesday last, > before the Rev. U. TONKIN, chairman, Mr. R. DAVEY, Mr. C. A. REYNOLDS, > and the Rev. T. PASCOE, JAMES HOOPER, of Illogan, JOHN COLLOCK, of St. > Erth, SOLOMON MADDERN, THOMAS WILLIAM COOKE, JOHN WILLS, and WILLIAM > STANLEY, of Phillack, JOHN ROGERS of Crowan, and THOMAS VINCENT, of > Redruth, were summoned for being drunk and disorderly, and were each > fined 5s. and costs. > > JOHN BETTISON, of Perran Wharf, and WILLIAM RICHARDS, of Crowan, > appeared to summonses charged with driving without reins; fined 4s. 6d. > each and costs. > > JOS. KING, of St. Hilary, was fined 31 and costs, for driving furiously. > > RICHARD BARTLE was fined 5s. and costs, for leaving his cart in the > streets at Camborne. > > MARY ANN CARPENTER, of Carnbrea, in Illogan, was fined 6d. and costs, > for assaulting GRACE CHAPPLE. > > JAMES HENRY HAYES, of St. ERTH, was fined 7s. 6d. and costs, for > assaulting WILLIAM KESSEL, a deaf and dumb man; the case was proved > through an interpreter. > > ANDREW CHRISTOPHER, of Lelant, was summoned for refusing to pay WILLIAM > SLEE GBP1. 10s. 6d. due to him for wages; he was ordered to pay with > costs. > > PRUDENCE CARDELL PENPRASE, who had been remanded, was brought before > the bench charged with stealing carpeting from THOMAS OXENHAM. The > case being clearly proved, and she was committed to Bodmin, for > twenty-one days. > > HENRY BENNET, of Roche, was apprehended by COMBE, charged with stealing > apples from JOHN HICKS, of Tear Waste, in the parish of Redruth. She > was taken before Mr. C. A. REYNOLDS and find GBP1 and costs, or in > default one month's imprisonment. > > SUICIDE ATTEMPTED - A man called NICHOLLS, who has been working at > the confectionary in the employ of Mr. THOMAS CUMING, Lemon-street, > Truro, had been drinking and idling about the town for the last three > weeks, instead of attending his work. Last Saturday he lay in bed the > greater part of the day at his lodgings in Fairmantle-street, and late > in the afternoon the landlady of the house went up stairs, when on > looking into his room, she saw his arm hanging over the bed and > bleeding profusely. It appears he had opened a vein in his arm with a > pair of scissors. Mr. WILLIAMS, surgeon, was immediately sent for, and > under his care the drunkard's life has been preserved. It is stated > that if he had remained undiscovered ten minutes longer, he must have > bled to death. His wife and family have been compelled to leave him in > consequence of his drinking habits, through which he is often subject > to delirium tremens. > > ACCIDENTS - On Friday morning last, a lad called HARVEY caught his > hand in some machinery at Messrs. HOLMANS' Foundry, St. Just, and got > it severely crushed; and about the same time another lad called ROWE > had his hand so injured at Boscean Mine, as to render the amputation of > one finger necessary. Under the treatment of Messrs. HARVEY and > CHENHALLS both are doing well. > > An accident of a serious nature occurred to two men called BOND and > LOBB, by the premature explosion of powder they were about to blast. > Bond has lost the use of one eye, and the other there is very little > hope of saving. Lobb was more fortunate, escaping with a severe cut on > the head, but which is not likely to be attended with any serious > consequences. > At Falmouth, on Monday last, a little boy called SAMBELL, fell over the > quay, near his Father's house, and was much injured, and died after a > few hours. > > CORONER'S INQUESTS - The following inquests have been held by Mr. J. > CARLYON, county coroner:- On Saturday last, at Bolingey, in the parish > of Perranzabuloe, on the bodies of NICHOLAS TREVILCOCK, aged 35 years, > and JOHN RICHARDS aged 28 years; who were killed on Friday last at > Wheal Budnick mine. The two deceased were tributors, and had gone > underground on Thursday to work over an old stull at the back of the 20 > fm. Level; not returning home at the usual hour in the evening, their > friends became alarmed about them, and on some of the miners going > underground to see if anything had happened, they found that the stull > to a considerable extent, had run together, and buried the deceased > underneath. They immediately set to work to extricate them, and after > some hours NICHOLAS TREBILCOCK was first found, and shortly afterwards > JOHN RICHARDS, very near him. They were both quite dead. The cause of > the accident was no doubt owing to their not having supported their > work sufficiently as they proceeded; but it appeared from the evidence > of the witnesses that they could have had as much timber as they liked > for that purpose by applying to the agents; and the jury returned a > verdict of "accidental death." > > On Wednesday, at Mabe, on the body of NICHOLAS SPARGO, aged 25 years, > who died on Tuesday morning from injuries he received the preceding > Sunday by a kick in the bowels from a horse. Verdict, "accidental > death." > > STANNARIES COURT - The quarterly sittings of this court commenced at > Truro on Saturday last, before his Honor the Vice-Warden, E. SMIRKE, > Esq. The following motions were made:- TODD v. WILKINSON and OTHERS > - Swanpool Mine - This was a purser's petition, and Mr. HOCKIN moved > for an extension of time of service on three defendants, named > WILKINSON, MUSTON, and BOYLE, two living in London, and one in > Hampshire. The Vice Warden extended the time of service six weeks. > > TREWEEKE v. BARNES, and ANOTHER - East Wheal Margaret - Mr. STOKES > said this was a purser's petition for recovery of costs in arrears. > Since service of the petition, one of the defendants had sent down > GBP10 for payment of debt, but had omitted to pay the law costs. Mr. > Stokes moved on the Registrar's certificate for a decree pro confesso > for payment. The Vice Warden said he would consider the application. > > MICHELL v. FLETCHER and OTHERS - Wheal Trebarvah - A purser's > petition against several defaulters. Mr. STOKES obtained an order for > substitution of service on one of them, JOHN SMYTHE, of Eustace street, > Dublin. > > BOYNS and ANOTHER v. CARTHEW - Mr. STOKES said this was a case at > common law, in which it had been agreed that the matters in dispute > should be settled by arbitration. He now moved for an order of > reference, the referees to be Mr. JOHN BRANWELL and Mr. RICHARD PEARCE, > of Penzance, who would name an umpire in the ordinary way. Mr. HOCKIN, > on the part of the defendant, assented, and the order of reference was > made. > > CARPENTER v. CREAMER and OTHERS - Chollacot Consols, (Devon). This > was a purser's petition for recovery of costs. Mr. CHILCOTT said he > moved only against the defendant Creamer, who held 470 shares, and owed > GBP82. 5s. He moved for a decree for payment. Granted, to be made in > seven days. Mr. Chilcott also moved in the case of the same mine and > the same plaintiff against four other defendants, called STURGIS > (assignee of BEASLEY, an insolvent), BRADENOUGH, LANE, and WHITMORE. > Sturgis owed GBP67. 10s.; Bradenough, GBP1. 5s.; Lane, GBP12. 10s.; > and Whitmore, GBP11. 7s. 6d. No answer had been filed, and he moved > for a decree for payment. Granted; payment to be made in fourteen days. > > SKINNER and ANOTHER v. SECCOMBE - Gunnislake Maine. - A creditor's > petition by Mr. SKINNER, of Tavistock, for recovery of GBP100. 7s. 10d. > for goods supplied. No answer had been filed, and Mr. PAULL moved, on > the Registrar's certificate and the usual affidavit for a decree for > payment. Decree granted; payment to be made in fourteen days. > > JOHN LAITY v. ABSALOM BENNETT - A NOVEL APPLICATION - Mr. HOCKIN > said this was an action at common law for trespass. The writ had been > served and appearance entered, but the case was not on the cause list. > Defendant states that he has a grant for plaintiff's father to search > for minerals, which he refuses to produce, and he (Mr. Hockin) now > moved for an order to compel production of that document, grounding his > application on the 75th rule of court, and the common law procedure > act, 1854. Mr. Hockin then read plaintiff's affidavit, which set out > that his father, WILLIAM LAITY, of Perranuthnoe, is entitled to the > whole of the surface, and one undivided moiety of the minerals in a > field called the Welldown. That he has been seized of one undivided > moiety of the surface sever since 1813, and of one undivided moiety > thereof, and of the undivided moiety of the minerals therein since > March 1836, when he purchased it of the Rev. JOHN ROGERS, now deceased. > That in the Welldown field, a shaft was formerly sunk for mining, and > that about the 19th of May last, plaintiff, by authority of his father, > caused to be erected over the shaft a windlass or tackle for commencing > mining operations. That on the 21st of May, the defendant, Absalom > Bennett, by his agents and workmen, entered the field and carried away > the windlass. That the defendant claims the exclusive right to mine > for minerals in the said field for 21 years, claiming one undivided > moiety as tenant of JOHN JOPE ROGERS, esq. (heir-at-law of the Rev. > John Rogers, deceased,) and the other undivided moiety under > plaintiff's father. That defendant asserts he has obtained a license > by deed from John Jope Rogers, and a written license from plaintiff's > father, rendering dues. That in the latter part of 1855, plaintiff's > father signed a written license authorising Absalom Bennett, either > alone or jointly with others, to work for minerals in one undivided > moiety of the said field, for six or twelve months only on payment of > dues, and that such license expired before May last. That immediately > after the execution of that license (which plaintiff believed was in > duplicate), it was taken possession of (with the duplicate if any), by > Absalom Bennett or his agent, and neither plaintiff nor his father had > since had possession of any duplicate, counterpart, or copy of the > license. That Absalom Bennett has the license in his custody or power, > and that plaintiff is ignorant of the contents thereof, except as > before mentioned; and that plaintiff had caused application, by his > attorney, to be made to Absalom Bennett for a copy of the license, and > for leave to inspect the same, which he has refused. That the said > license under which defendant claims to work in plaintiff's case; and > that the inspection of such license is necessary and material to > plaintiff's case, and on production will show that defendant at the > time of the trespass for which this action is brought had in fact no > exclusive right to mine or work in the said Welldown field. > > Mr. Hockin also read an affidavit by himself respecting correspondence > which had passed between him and Messrs. Rogers and Son, of Helston, > defendant's solicitors, in which, they stated that the term was for 21 > years, but did not produce the document. The Vice Warden, after some > consideration ranted an order nisi, that the defendant do within four > days after notice, show cause why he should not answer an affidavit > stating what documents he has in his possession or power relating to > the matters in dispute, or what he knows as to the custody they or any > of them are in, and whether he objects (and if so, on what grounds) to > the production of such as are in his possession or power, and why such > documents should not be produced for inspection on behalf of the > plaintiff, and copies thereof be taken in his behalf. > > RASHLEIGH and OTHERS v. TRETHEWY and OTHERS - Mr. ROBERTS and Mr. > HOCKIN for plaintiffs; Mr. STOKES for defendants. On the jury being > called, and previous to their being sworn, Mr. Stokes, in behalf of Mr. > GILL, the principal defendant, took preliminary objections to the > jurisdiction of the Court, in accordance with the defendant's pleas - > 1st, that the issue in the case involved a question of freehold right, > which this Court was not competent to entertain; and 2ndly, that it was > not an action to recover a mine under the circumstances to which the > 15th section of the Stannary Act, 18th and 19th Victoria, had > reference. But the principal plea to the jurisdiction of the Court > was, that the issue involved a question of freehold, and on this point > Mr. Stokes proposed to satisfy his Honour by examination of Mr. Gill; > for, having pleaded to the jurisdiction of the Court on the grounds > mentioned, he was not prepared to enter into the merits of the case > before a jury. > > Mr. Roberts, in answer to Mr. Stokes's preliminary objection, contended > that under the 15th section of the act 18th and 19th Victoria, his > Honour had jurisdiction even over matters concerning freehold, under > certain conditions, and also to entertain suits in equity for the > determination of mine setts on the ground of breach of contract, &c.; > in the present case, the plaintiff's action was one of ejectment for > the recovery of a mine, and, therefore, as in ordinary suits, it was > the plaintiff who was entitled to begin. Unless too the plaintiff > began, it was impossible that the Court could know the facts of the > case, so as to decide whether it was within its jurisdiction, or not. > If, in the course of the hearing, it should appear that the issue > involved a question of freehold, and so became a question of law, it > would be competent to his Honour to stop the case; but until that event > arose, he apprehended the case should proceed in the ordinary way. Mr. > Hockin surmised that Mr. Stokes had, in all probability, taken his > objection in limine, merely ex abundantia? cautela, in order that he > might not be supposed to admit the jurisdiction of the Court by > allowing the jury to be sworn. His Honour, having in the course of the > argument, observed that there was no doubt that if the issue involved a > question of freehold he had no jurisdiction, but that evidence on that > subject must be on oath, ultimately ordered the jury to be sworn; Mr. > Stokes stating that he should then immediately offer evidence on the > plea to the jurisdiction of the Court. > > The jury having been sworn, Mr. Hockin opened the pleadings. The > plaintiffs, he said, were WILLIAM RASHLEIGH, JOHN WOOD, and WILLIAM > PAYNE, HENRY LAMBE (as administrator de bonis non of FRANCIS > POLKINGHORNE, deceased), FRANCIS POLKINGHORNE PASCOE, EDWARD COODE, and > THOMAS COODE, NICHOLAS CARBIS and WILLIAM HENRY BARRETT; and the > defendants were THOMAS TRETHEWY and JOHN HORE, WILLIAM TREGONING and > JAMES TREGONING, and THOMAS GILL. The action was one of ejectment > brought to recover possession of Beam Tin Mine lying within certain > Tinwork Bounds situated in the parishes of St Austell and Roche. In > regard to the part of the mine in the parish of Roche the defendants > made no claim; but as to the part in the parish of St. Austell, they > alleged that this court had no jurisdiction inasmuch as it was the > freehold of JOSEPH IVIMEY and others (who claimed under a conveyance > from the Duchy of Cornwall, and as trustees of the TREVANION property;) > and that the defendants, either in their own right, or as servants of > the legal owners, were rightfully defending possession of the mine. > > Mr. STOKES then proposed to call Mr. THOMAS GILL, senior, to support by > evidence the plea of non-jurisdiction on the ground that the issue > involved a question of freehold. Mr. Roberts submitted that such a > course would be futile, for even supposing it should be proved that a > question of freehold was involved, the case might still proceed on the > plaintiffs' contention, that possession of the mine should be given > them by reason of determination of the sett, according to the 15th > section of the Act 18 and 19 Vict.; and therefore he still urged that, > as in ordinary cases, the plaintiff should begin. Eventually his > Honour decided in favour of Mr. Stokes's proposal to examine Mr. Gill > in support of the plea to jurisdiction; Mr. Roberts requesting that a > note be made of his objection. > > Mr. Thomas Gill, sen., underwent a long examination and > cross-examination; Mr. Roberts then by desire of the Vice-Warden, > proceeded to open the plaintiffs' case to both Court and jury; after > which he put in a quantity of documentary evidence and called the > following witnesses:- NICHOLAS MARTIN, cashier to Messrs. COODE, > SHILSON and CO. St. Austell; RICHRD GREENWOOD of Truro; WILLIAM > FREDERICK CONGDON, St. Austell; HENRY LAMBE, of Truro; Captain JOHN > THOMAS, now of Braunton, Devon; FRANCIS WILKINSON POPPLEWELL, of > Manchester, purser of Beam Mine; ROBERT TYLER BARRETT; HENRY ANDREW; > and STEPHEN SIMMONS, of Roche, captain of Goonbarrow Mine. Mr. Stokes > addressed the Court in support of the defendant's pleas to the > jurisdiction; after which Mr. Roberts and Mr. Hockin were heard contra, > and His Honour finally decided that he had not jurisdiction, and > discharged the jury without submitting any question for their > consideration. The case occupied the Court many hours, and involved a > great deal of argument on legal technicalities uninteresting to lay > readers. > > NORTH WHEAL TRELAWNEY - MARTIN RICKARDS v. JAMES CONGDON and OTHERS > - Mr. STOKES stated that this was a purser's petition against four > defaulting shareholders, named JOSIAH HARRIS, the elder, of Quenthiock; > CHAMNEY LEICESTER, of Fenwick-street, Liverpool; NEVELL VICARY SQUAREY, > of Salisbury; and WILLIAM PROT, of Lanivet. Decrees pro confesso for > payment were obtained on the 7th of July, for the following amounts, > respectively; Harris, GBP14. 14s.; Leicester, GBP38. 10s.; Squarey, > GBP141.; and Prout, GBP28. 10s. On affidavits of service and of > non-payment, Mr. Stokes now obtained rule absolute for sale of shares. > > PAULL and ANOTHER v. JONES and OTHERS - This suit was instituted > under peculiar circumstances. In November, 1836, WILLIAM CLARK > mortgaged seven shares in North Roskear mine, to the plaintiff, to > secure GBP100 lent by him. The shares were left standing in the name > of Clark in the cost-book. Clark is dead, and the defendants are his > representatives, and the shares now stand in their names in the > cost-book. The money being unpaid, plaintiff, under the trust of the > mortgage deed, sold four of the shares. The purser refused to accept > the transfer unless defendants signed it, because they were the owners > appearing in the cost-book, and defendants refused to sign, and > threatened to sell for themselves. This petition was then filed to > restrain defendants from selling, and to order them to sell for the > plaintiff and pay him the money. An injunction was granted at the last > court, and since then negotiations have been entered into between the > parties, under which four of the shares have been sold. They did not > produce enough to meet the debt and costs, and defendants would not pay > any more. Mr. CHILCOTT, for plaintiff, now moved for a decree to take > an account of what is really due to plaintiff, and that the remaining > shares may be sold to satisfy the debt. There was no answer to the > petition, and his Honor made the necessary order. > > RICHARDS v. HOOPER - WHEAL THOMAS - Mr. HOCKIN said this was a > creditor's petition by Mr. MICHAEL RICHARDS against Mr. THOMAS HOOPER. > The claim was for labour done between the 1st of August, 1857, and the > 1st of December, in the same year, and the amount was GBP23. 5s. 1d. > He moved for a decree for payment, to which Mr. STOKES, for defendant, > consented. The Vice-Warden decreed payment in a week from service. In > the case of TONKIN and OTHERS v. HOOPER, a claim for labour to the > amount of GBP32. 8s. 6d., Mr. Hockin obtained a similar decree, Mr. > Stokes, on the part of defendants, consenting. > > LAITY v. BENNETT - Mr. ROGERS, on the part of defendant, showed cause > against the rule obtained by Mr. HOCKIN on Saturday last. He stated > that Mr. Bennett is a large holder in a very fortunate mine, in the > neighbourhood of Marazion, called Tolvadden, which had excited the envy > of the plaintiff in this action, and some of his associates, and that > was the reason of this action being brought. The Welldown field > belonged to Mr. WILLIAM LAITY, the father of the plaintiff, and not to > the plaintiff himself. Prior to the discovery of the rich bunch of ore > in Tolvadden, Mr. Bennett had the intention of working Wheal Neptune, > and for that purpose obtained the setts of different lords, and was > granted one moiety of the Welldown field by Mr. JOHN JOPE ROGERS, and > the other moiety by the father of the plaintiff. Plaintiff and > defendant and his family were formerly on intimate terms, but about > seven or eight months ago a difference took place, and plaintiff had > since insinuated that Mr. Bennett was a trespasser, and that the > document under which he claimed Mr. William Laity's moiety was a > forgery. After some further statements, Mr. Rogers proceeded to remark > upon plaintiff's affidavit (reported in Saturday's proceedings), and to > submit that upon such an affidavit he was not bound to produce the > document in question, inasmuch as the affidavit, he contended, did not > disclose that there was a license, and did not low that plaintiff had > the sanction of his father, or ever took bona fide possession of the > property. He further argued that there was no privity between > plaintiff and defendant as regards the license; plaintiff was not a > party to it, and he submitted that defendant was not bound to produce a > document made between a lessor and defendant, to a third party who > happens to be a grantee. He cited MORRIS v. ROE, TYRWHITT and > GRANGER's Reports 545, and submitted that before John Laity, the > plaintiff, could call for the production of the lease, he must show > that he legally claims by transfer from his father. He said the > license plaintiff asked to have produced, never had an existence; but > the lease had been shown to Mr. EDWARDS, of Helston, the confidential > agent of plaintiff's father, and a copy of it had been shown to Mr. > Hockin. He objected to produce the lease, because there had been an > insinuation of forgery; it would, however, soon be produced, because he > intended to bring a cross action. He asked the Court to make an order > that an affidavit be filed by Mr. William Laity, that he had no copy, > duplicate, or counterpart of the lease in his power or possession; and > he asked the Court also to discharge the rule nisi with costs, > supporting his application by an affidavit of Mr. ABSALOM BENNETT, the > defendant, which stated that Mr. Bennett was now, and had been for some > time past, in possession of the Welldown field, under grants from JOHN > JOPE ROGERS and William Laity, and the last clause of the affidavit > were - 3. "That I have no license in my custody, possession, or power, > granted by the said John Laity to me in the latter part of the year > 1855, authorising me either alone, or jointly with some other person or > persons, to work for and obtain one undivided moiety of the mines rals > within the said Welldown field, for a period of six or 12 months only, > as stated in plaintiff's affidavit. 4. That I am in possession of the > said field so far as respects the said William Laity, under a grant or > grants from him, on an agreement or agreements for the sett for 21 > years, about three years only of which have expired. > > Mr. Hockin replied, and submitted that he was entitled to the rule > being made absolute for production of the document. He had written to > Mr. Rogers to disclaim any imputation of forgery, either proceeding > from plaintiff or himself. He did not believe plaintiff's father was > hostile to this application, and he submitted that for the purpose of > inspection of the document, plaintiff was in the same position as if > his father had conveyed the property to him, as he had been mining > there by the authority of his father. The Vice-Warden said he would > consider the case. > > THURSDAY, AUGUST 12 - LAITY v. BENNETT - The Vice-Warden made the > following order this morning in the case of the rule argued yesterday:- > If the defendant shall file an affidavit of Mr. Laity the father, > stating that he has not in his possession or power any copy, > counterpart, or duplicate of such grant or agreement hereinafter > mentioned, and that he authorises and assents to the application of the > plaintiff to obtain an inspection thereof from the defendant then, upon > production of a copy of such affidavit to the defendant or his > attorney; I order that the defendant do produce for the inspection of > plaintiff or his attorney the original grant or agreement (or grants or > agreements if there be more than one) referred to in the fourth > paragraph of the defendant's affidavit sworn on the 11th day of August > instant, and do permit the person so inspecting to take a copy thereof > at his own expense, and that the time and the place for inspection be > the 21st day of the present month, between the hours of 3 and 4 p.m., > at the office of the defendant's attorney, unless the parties should > agree on some other time or place for inspection. Let the costs of > such inspection be paid by the plaintiff, and the costs of the > application be costs in the cause. > > CARPENTER v. CREMER and OTHERS - Chollacott Consols, Whitchurch, > Devon. This was a purser's petition for recovery of calls. Mr. > CHILCOTT appeared for plaintiff and Mr. STOKES for defendants O'REILLY, > STOCKWELL, and ENSOR. We shall give a report of this case next week, > and also of the case of the same plaintiff against BELL and OTHERS, in > which Mr. Stokes appeared for defendants BELL and DALY. > > TRURO COUNTY COURT. The August sittings were held on Friday and > Saturday before Mr. J. T. H. PETER, deputy judge. - BRAY v. TOM - > In this case the plaintiff claimed from the captain of the ship "Clio," > of Padstow, the sum of 14s. for four days wages as mate. The plaintiff > stated that at the end of a voyage to and from Quebec, on the 25th of > July he met with an accident on board, by which he broke the cap-bone > of his knee. The vessel arrived at > Plymouth in the evening of the same day, and he was kept on board until > the evening of the 28th, when he was put ashore. On the following day > the defendant came to him and wanted him to sign a release for wages, > which he refused to do, and on his being able to get out of bed > afterwards he found he had been paid four days short; the defendant > having previously refused to pay him because he would not sign the > release. He (the plaintiff) was not paid at all by the defendant, but > was paid at the shipping office. He afterwards summoned the owners of > the ship, and they appeared before the magistrates at Plymouth, who > advised him to accept what the captain offered and sue him for the > remainder. For the defence Mr. PAULL put in a release, (under the > shipping master's certificate) signed by the plaintiff, and affirming > that all claims against the ship had been paid, and that no wages were > due; and even if any were due it was the ship-owners, and not the > captain who would be liable. His Honour gave judgment for defendant. > > KNUCKEY and SONS v. BOGGI - In this case the plaintiffs were the > well-known firm in Boscawen-street, Truro, and the defendant was JAMES > BOGGI, a modeller of wax figures, at 11 Margaret-street, Clerkenwell. > The claim was as follows:- 1855. Aug. 23. - To 3 old wax figures, 3 > pair eyes, 3 sets teeth, and 3 stands .....GBP3. 5s. 0d. To cash paid > for recasting 2 figures and package ....."2. 15s. 0d. Total GBP6. 0s. > 0d. Mr. WILLIAM KNUCKEY deposed that he sent three old wax figures to > the defendant to be re-case into two figures, and paid him GBP2. 15s. > for the job, as by receipt now produced; but from that time the > defendant had not sent the figures nor returned the wax or money; > though several demands had been made on him. His Honour gave judgment > for the plaintiffs, for GBP6. > > CHANNON v. THOMAS - In this case the plaintiff was Mr. GEORGE > CHANNON, veterinary surgeon of Tregony; the defendant Mr. MATTHEW > THOMAS, cattle-dealer, of Truro, for whom Mr. PAULL appeared. The > claim in this case was for GBP2. 6s. for medicines supplied to a cow, > and for attendance on her, by order of Mr. DUNN of Trewithian, > authorized, it was alleged, by the defendant. The prosecutor deposed > that on the 19th January he was called on by Mr. Dunn to attend one of > the pair of bullocks which he had bought at Grampound, on the 13th of > January, of Mr. Matthew Thomas, and one of which was alleged to be > diseased. Mr. Dunn told him, when he first came, that Mr. Matthew > Thomas would pay for the treatment of the cow, and form the first, he > understood that Mr. Thomas was to pay; he wrote to Mr. Thomas two or > three times while he was treating the cow, and afterwards sent the bill > to him, and never to any one else. Mr. Dunn deposed that a few days > after he had bought the cows he found that one of them was unsound, and > he so informed Mr. Thomas, who said "if the bullock is unsound, I'll > make it sound to you," and told him to get a veterinary surgeon. > Witness asked whom he should apply to; saying that Mr. Channon was his > veterinary surgeon; and Mr. Thomas replied "by all means apply to him." > Witness returned to his home and finding the cow no better, he went to > Mr. Channon, who came and saw the cow next morning the 19th January, > and attended her until the first week in February, and during that time > he saw her at least half a dozen times, bled her, and gave her > medicines; and in the opinion of witness, who had been in the habit of > buying and selling cattle for thirty years, he treated the bullock very > fairly, and did not send more medicine that was necessary. > Cross-examined: Mr. Thomas himself proposed that I should get a > veterinary surgeon; I did not suggest it; I was not going to get a > veterinary; I should have let the cow die, and have got the value from > Mr. Thomas, for I had bought the cow at a sound price. I afterwards > had another cow instead of this unsound one, and I paid GBP1 on the > exchange; but at that time there was nothing said about the payment of > Mr. Channon's Bill. CHARLES WILLIAMS was at Grampound Fair on the 11th > of June and heard a dispute between the plaintiff and defendant about a > bullock; heard Mr. Dunn ask Mr. Thomas if he did not tell him to get a > veterinary; and Thomas answered that what he told him was that if the > cow was bad he had better get a doctor for her. > > Mr. PAULL, for the defence, addressed the court, and called the > defendant, Matthew Thomas, who stated that on the 13th of January he > sold Mr. Dunn two cows for GBP22. Some time in the same week he came > to me and said one of the cows was bad. I said she was perfectly sound > when you had her of me, and if she is not sound, "I'll make her sound." > I had never seen anything the matter with the cow while I had her. He > said "I think we had better have a farrier for her," and that Mr. > Channon, of Tregony, was his farrier. I said "do what you like; you > can have him if you like." I did not authorize him to have Mr. > Channon. I said, "if the cow is ill, I would have a farrier, if I was > you." In consequence of the exchange afterwards made, GBP1 was due to > me; and as Dunn would not pay me, I issued a summons in the Stannary > Court for that amount which he has since paid; nothing was said to me > about the expenses to Channon until I demanded GBP1 from Dunn, at > Grampound fair on the 11th of June. I could prove that the cow is > sound at the present time; she never had a halfpenny-worth of medicine > while she was in my possession; and after I had her back from Mr. Dunn > she was always well. The learned Judge held that the plaintiff had not > made out his case, and directed a nonsuit. > > COMMITTALS - Committals of defendants were ordered in the following > cases:- JOHN HAWKEN (surviving partner of NICHOLAS JOHNS deceased)v. > CHARLES TRELEAVEN, Custom House, London; defendant committed for 30 > days for non-payment of GBP18. 5s. 8d. > ALEXANDER STEVENSON, v. JAMES RESUGGAN; defendant committed for 14 days > for non-payment of GBP1. 8s. 10d. > ALEXANDER STEVENSON, v. MARY ANN STEWART; defendant committed for 14 > days for non-payment of GBP1. 0s. 6d. > NICHOLAS LAMPSHIRE v. JOHN GEORGE; defendant committed for 30 days for > non-payment of GBP1. 3s. > THOMAS OSBORNE v. WM. SYMONS; defendant committed for 30 days for > non-payment of GBP2. 14s. 3d. > THOMAS WILLIAMS v. WM. WILLIAMS; defendant committed for 20 days for > not appearing. > JOHN MANLEY v. JOHN HARRIS; defendant committed for 30 days for > non-payment of 4s. 3d. > GEORGE WYATT v. JAMES RULE; defendant committed for 14 days for > non-payment of 10s. 1d. > GEORGE WYATT v. MARY ANN CHAMPION; defendant committed for 20 days for > non-payment of 14s. 3d. > JOSEPH HUGO (executor of THOMAS HUGO), v. WM. PETHERICK; defendant > committed for 20 days for non-payment of GBP1. 1s. 2d. > JOSEPH HUGO (executor &c.,) v. JAMES HAYCRAFT; defendant committed for > 20 days for not appearing. > CHARLES HERON v. WM. PETHERICK; defendant committed for 30 days for > non-payment of GBP4. 4s. 4d. > GEORGE CRICHTON v. EMILY JAMES; defendant committed for 20 days for not > appearing. > Defendant committed for 20 days for not appearing. > ED PENMAN v. JOHN THOMAS; defendant committed for 30 days for > non-payment of GBP1. 17s. 6d. > ED PENROSE v. STEPHEN PAULL; defendant committed for 30 days for not > appearing. > T. W. CALF v. HENRY GILLARD; defendant committed for 20 days for not > appearing. > WM. RUSE v. WM. JENKIN; defendant committed for 20 days for not > appearing. > > LOCAL INTELLIGENCE - SHIPWRECKED FISHERMEN AND MARINERS' BENEVOLETN > SOCIETY - Captain G. BREWER and eleven of the crew of the late barque > "Alexander Johnson," of Hull, which vessel foundered in the Bay of > Biscay, on the 28th of July last, were landed at Falmouth on the 1st of > August from a foreign vessel, which had picked them up from the boat. > On landing they were sent to the Sailors' Home, the members of the > society having been paid for by Captain Bradfield, the honorary > secretary, and the others paid for themselves. They were all forwarded > by steamer to their respective homes. > > ST. AUSTELL COUNTY COURT - This court was held on Wednesday and > Thursday the 21st and 22nd ultimo. There was one insolvency case for > protection, re ELIZABETH STRIPP, of St. Austell, grocer. The insolvent > was opposed by Mr. BISHOP, on behalf of Messrs. GRIGG and TUCKER, of > St. Austell. Mr. MEREDITH, on behalf of insolvent, urged that he might > be allowed time to amend the schedule, and finally obtained an interim > order for protection until the next court, when the first hearing will > take place. > > There was one jury case, that of ROBERTS v. OLLIVER, which was an > action brought to recover GBP10 for damages sustained by the plaintiff, > by diverting the St. Austell stream to clean the river, whereby a field > prepared for barley became flooded and remained in that state for five > or six weeks. Several witnesses were examined on both sides, and after > a short consideration the jury returned a verdict for plaintiff, > damages GBP8 and costs. > > PENZANCE COUNTY COURT - At this Court, on the 3rd instant, the > following case was heard by jury:- HARVEY and CO. v. STEPHENS and > ANOTHER. Plaintiffs, the Messrs. Harvey and Co., of Hayle Foundry, > sued Mr. Stevens of St. Ives, owner, and Mr. John Stevens, of the same > place, captain of the "Carn Brea," for GBP11, under the following > circumstances:- The harbour of Porthleven belongs to plaintiffs. It is > a narrow tidal harbour on a bad part of the coast, and vessels can only > enter it at peculiar states of the tide. As the harbour gradually > shelves from its inner to its outer part it has been a standing rule > ever since 1811, that vessels of light draught shall first enter, > supposing several to be waiting outside. Common sense shews the wisdom > of this, because then the light-draught vessels would proceed highest > up the harbour, and there would be room towards the entrance for > heavier vessels. On the afternoon of the 1st of January last three > vessels were waiting for water - the "Mellanear," the "Nancy," and the > "Alma" - and the "Carn Brea" came up. Capt. HARRY, of the "Nancy," a > vessel which belongs to plaintiff's, ascertained that the "Alma" drew > the heaviest draught, twelve feet, and the "Mellanear" the lightest. > Between these two the "Carn Brea" started, drawing more than eleven > feet of water, and the "Nancy" followed. The "Carn Brea" took the > ground outside the eleven-feet mark. It was a heavy night, with a S. > W. by W. wind blowing directly into the harbour, and the vessels in > Porthleven rocked and rolled all night. The "Nancy" came in, ran > against the 2Carn Brea," and remained a long time grinding her bulwarks > against her, and for this damage the action was brought. The unusual > circumstance that a vessel which ran into another, afterwards brought > an action against her was thus accounted for. Capt. Stevens stated, in > his anxiety to get into harbour, that he drew ten feet, whereas he drew > eleven feet, and his misstatement, it was alleged by the plaintiffs, > caused all the mischief. Mr. CORNISH, who appeared for the Messrs. > Harvey, said that under the Mercantile Marine Act, the > misrepresentation of the draught of a vessel was a criminal offence, > but his clients had no personal feeling in the matter; they only > thought it their bounden duty to teach Capt. Stevens that he must not > do such things, and to inform the public, by means of the publicity of > this court, that such a rule existed at Porthleven and must not be > broken with impunity. After the examination of several witnesses, Mr. > MILLETT addressed the jury for the defence, and strongly urged that > there was ample room on either side of the "Carn Brea" to run the > "Nancy," without touching her, or the latter might and ought to have > been hauled astern and moored where the "Alma" was moored. The jury > (which was a special one, agreed to by the advocates on both sides and > approved by the judge, and consisted of Messrs. H. DAVY, MATHEWS, and > H. STEWART, of Penzance, Mr. WM. TONKIN, of Newlyn, and Mr. G. DAVIES, > of Scilly,) retired to consider their verdict, and soon announced it to > be for GBP11, amount claimed. > > BIBLE CHRISTIAN CONFERENCE - The fortieth annual conference of the > Bible Christian denomination commenced its sittings at Mount-street > chapel, Devonport, on Wednesday, July 28th, at six o'clock in the > morning. The conference was composed of sixty-three persons, preachers > and representatives. Mr. JAMES HINKS was chosen president, and Mr. > MATTHEW ROBINS secretary. Six young men were recognised as approved > ministers on Friday night, and fourteen are coming out to travel. The > usual public services were well attended, and some of the sermons were > characterised by much vigour of thought, and spirituality of feeling. > There has been an increase in every department of the work, both at > home and abroad. It is thought that the addition to the societies will > be nearly 2,000, when the returns from Canada are received. > > THE DAMPIER CLOCK - The clock committee reported that it is now > necessary to determine on prompt steps to be taken to prepare a fitting > erection for the Dampier clock, of the benefit of which the town is > likely to be deprived in case there is any further delay in the matter; > and they have further to report that they have little expectation of > being able to raise the necessary funds by a general subscription, in > consequence of the various demands for public purposes which have > recently been made on the inhabitants of the town. They therefore > recommend that the Town Council should take upon them the requisite > outlay, inviting donations in aid of their funds. Signed by Mr. > STOKES, Dr. BARHAM, Mr. J. B. JOB, and Mr. UGLOW. A long discussion > took place on this subject. Mr. Job said he had understood from the > chairman of the clock committee (Mr. Stokes, who was not then in the > room), that he had received a letter from Mrs. DAMPIER, stating that if > the clock was not accepted and fixed, she had another place to dispose > of it. The Mayor said the present two clock was in fact only a parish > clock, under the control of the rector an

There are some transcriptions on the Cornwall OPC database, check the coverage: http://www.cornwall-opc-database.org/coverage/non-conformist-coverage/ Also, check the parish you are interested in on Genuki Devon because there are some there (e.g. Shebbear). Joy ----Original message---- >From : cornish-gen@rootsweb.com Date : 02/09/2014 - 10:28 (UTC) To : isabelj@talktalk.net, cornish-gen@rootsweb.com Cc : cornish@rootsweb.com Subject : Re: [CORNISH-GEN] Weekly Newspaper 13th August, 1858. News. Does anyone know of available records relating to Bible Christians in either Cornwall or Devon please? My living relatives, as were one set of my grandparents, members I think. They tell me their "religion"' / "'denomination"' doesn't have a name - they are simple Christians following the word of Jesus. My Grandmother used to take me to their meetings occasionally when I was about 7 or 8 and I remember them well and a good experience. My parents did not follow the group though. Diane - Western Australia