WEST BRITON AND CORNWALL ADVERTISER 16 January 1857 . CORNWALL COUNTY COURTS [left side letters cut off] . BODMIN - At the monthly sitting of this court held at the Guildhall on Wednesday last, there were forty-eight cases entered on the plaint [book], and five summonses issued for commitment. In eight cases, debt and costs were paid into court; twenty-four cases were struck out or settled between parties; in six cases judgment was signed by consent, and fifteen cases were heard and disposed of by Mr. BEVAN. . The only case containing any feature of public interest was the following, which lasted upwards of nine hours. There were a great number of persons present throughout the trial. . PROFFIT v. VYVYAN - Mr. BISHOP for plaintiff, Mr. WALLIS for defendant. The action was brought by Mr. Thomas PROFFIT, of Lanivet, farmer, against the Rev. Francis Vyell VYVYAN, rector of Withiel, to recover the sum of GBP 16, damages sustained by plaintiff by breach of warranty on the sale and exchange of a mare by defendant to the plaintiff, in the month of September last, and which mare the defendant then warranted to be sound, and staunch in harness, but was not sound or staunch in harness; and for damages sustained by plaintiff by reason of defendant having deceived the plaintiff on the sale and exchange by representing the mare to be sound and staunch in harness, whereas she was not so. . Mr. BISHOP opened the case, and called Thomas PROFFIT, who said, I reside at Tretoil, and farm part of Tretoil estate. I keep horses and occasionally draw ores and coals from and to the mines in the neighbourhood. . In August last, I wanted a horse for heavy draught; at that time I had a mare six years old which was not heavy enough for my work. I received in August a letter from PINCH offering a mare for sale in which he stated she was not very handsome but was sound and staunch. . I went to Withiel and saw Pinch and the mare; no arrangement or bargain was come to on this visit. I asked GBP 5 and his mare in exchange for mine. Pinch offered me GBP 1; the mare was then ploughing. I went some days after a second time, but, did not agree. On the 3rd occasion Pinch offered me 30s. and Mr. Vyvyan's mare for mine, which I accepted. I valued my mare in GBP 18; a farmer called JEFFERY had offered me that amount for her. I refused it. . I took away Mr. Vyvyan's mare with me after the bargain was made, and left my own. I saw an enlargement on the back when she came up from the plough; she cricked down behind, and I then noticed the back. I said she's bad. Pinch, the hind, said there was nothing the matter with her. I heard from the hind the first time, that she was injured when a colt, but was sound then. . In putting her home, I found she could scarcely travel. I tried the mare on getting home in the waggon; she would draw a little way and stop. A blacksmith named MAY saw her, and recommended me to return her. I worked her two days in drawing coals; she could not do her share. . I received assistance from Julian. I wrote the third day, and asked Pinch to take her back. I received no answer. I put her back to Withiel the Monday after. I saw Pinch and Mr. Vyvyan. I saw Pinch first. I told Pinch I had brought back the mare, as she was not sound as he warranted her to be. I said she was not good in harness. Pinch replied she will come better; he would not take her back again. . I went to Mr. Vyvyan, and he said he should not think of taking her back again. Mr. Vyvyan went with me to Pinch. Mr. Vyvyan said to Pinch, didn't I tell you to tell the mare's faults? Pinch said he did tell him all we had against her. I said the mare was not according to agreement, and I should not put her back again. I left the mare behind, and demanded mine. I next heard she was in the pound. I had a note to say she was in pound. I went and took her out. I went to an attorney. The mare is no service at all. I purchased on faith of letter. I have been obliged to buy another in her place. . Cross-examined by Mr. WALLIS - I keep four horses, but do not always work four in the waggon, never or seldom more than three. I drove her and two others in the waggon to try her. I went for coals from Dunmeer to Tretoil Mine, and had hard work to get home. She would only draw a little way and stop. I had help from Mr. ELSON's horses. . I employ my horses farming; occupy about forty acres. No ores were carrying at this time. I only used her in drawing coals before I put her back. I never heard her called "the Camel" before I exchanged. I saw Pinch the first time; Mr. Reginald VYVYAN was not present. No observation was made as to figure then. I told Pinch my mare was six years old. I bought her of Mr. DREW, on the 1st of last May. . I allow she was then in better condition than now. I've given her as much as six gallons of corn a day. She has been employed since, in sometimes carrying ore from the Duke of Cornwall Mine to the Bodmin Railway wharves. We load heavily. I loaded her heavily the first time to try her. Pinch said she was good in harness and sound. She had been used to farm work. My work is heavier work. I never said "Never mind, I’ll risk her." I said she is not a saleable mare, I must work her out. . Re-examined by Mr. Bishop: She can't work "fitty" at all. . Plaintiff was corroborated as to the mare's jibbing by William JEFFERY, a farmer of Bodmin; Robert MUTE, a carrier at Lanivet; by Thomas PROFFIT, the younger; George JULIAN, waggoner to Mr. ELSON, merchant, of Bodmin; and as to unsoundness by Thomas MAY, a farrier, at Trebyan, in Lanivet; John OUGH, innkeeper, at Bodmin; and William CARVOSE, a farrier, of Bodmin. . Mr. Wallis addressed the jury at some length, remarking on plaintiff's case generally, and called Thomas PINCH, who said I am hind to the Rev. Mr. Vyvyan, of Withiel. I attend to his cattle and transact his business of the farm. I exchanged mares with Proffit; our mare was fifteen hands and a half high and if not for her figure would have been worth GBP 30. I exchanged with Proffit for a mare of his nine years old, worth GBP 15. . Our mare was bred by me; she was four years old last spring; she was taken into harness soon after she was two years old, and was worked from that time up to sale and exchange regularly; she was not of good figure, but this is visible to any one, this is the only reason why we parted with her. . Before the purchase a great deal was said and observation made on her figure; she was called the "Camel"; she never shewed the least symptoms of unsoundness. She was taken away the Tuesday and returned the following Monday. I have since seen the mare working, drawing heavy weights from the mine. The plaintiff saw the mare work before he bought her; the plaintiff said "never mind, I'll risk her." I offered on her return to leave it to men; she was much reduced and had been apparently greatly overworked. . [Cross-examined: I never said the mare was injured when a foal; she was foaled like it and has grown so; always worked her, and never knew her jib; the man knew the mare's failings.] Mr. VYVYAN did not say "why did you not tell Proffit the mare's failings." . Re-examined by Mr. Wallis. Mr. Vyvyan said you told the man the mare's failings. I replied I did which was as to her deformity that he or any one else could see she is the shape of a camel. . Pinch was corroborated as to the conversation at the sale by Mr. Reginald VYVYAN and as to her staunchness and deformity when foaled by Mr. Reginald Vyvyan, Francis BREWER, Richard BREWER, and John BLAKE, workmen on Mr. Vyvyan's farm; Henry KINGDON, carrier of Withiel, Mr. Joseph ROBINS, Mr. Gideon HODGE, and Mr. William HODGE, large farmers of Withiel parish who have occasionally had the mare to assist when busy and who proved that the mare had worked well and staunch at farm work; and as to soundness by Mr. Thomas PENNO, a large farmer and farrier of Withiel, and Mr. John MUDGE, veterinary surgeon of Bodmin, who clearly explained and entered on the material consequences of the deformity. . Mr. Bishop replied contending that he had clearly proved a breach of warranty. . The judge, Mr. Bevan, proceeded after carefully explaining to the jury the law on warranty, to sum up, remarking on the evidence as he passed on, and concluded by leaving the case in the hands of the jury who being farmers were the better judges of a case of this kind. . The jury retired for about an hour, when, after the assistance of Mr. Bevan on the points of law, they returned into court and gave a verdict for plaintiff for half the amount claimed, viz. GBP 8, observing that they were of opinion that the mare was sound at the time of sale or exchange, but not staunch in heavy draught, and would have wished each party to pay his own costs. . In the case of VERCOE v GRANT - Defendant was committed for fourteen days for not appearing. Gardell v. Wilcock - Defendant was committed for thirty days for non-fulfilment of order of court. Oke v. Bellringer of Bodmin, carpenter, glazier, and painter. The defendant was committed for thirty days for non-fulfilment of order of court. . TRURO - At this court held on Friday last, before Mr. BEVAN, barrister-at-law, (acting in the place of the deceased judge of the court, Mr. KEKEWICH), there were sixty-nine cases entered for trial, none of which were of any public interest. . In the case of James CARNEGIE v. Frederick MONTROSE, tailor, the defendant was ordered to be committed for thirty days for not appearing to summons on a claim amounting to GBP 7.5s.4d. . Joseph THOMAS v. John GIDLEY - Defendant committed for fifteen days for non-appearance to answer a claim of 7s.8d. . TRURO POLICE - On Friday last, before the Mayor and Mr. CHAPPEL, Jane HARRISON was charged with drunken and disorderly conduct in Boscawen-street, at half-past twelve on the previous night; she was committed to the house of correction for fourteen days. . On Monday last, before the Mayor, Rosa JORY was convicted of a similar offence in St. Nicholas-street, about Eleven o'clock on Sunday night. She was sentenced to fourteen days' hard labour. . THE 100th PSALM - The long-disputed question whether PURCELL or HANDEL was the author of the grand music of the Old Hundredth has been set at rest by a discovery made a few days since in Lincoln Cathedral library. Purcell died in 1695, and Handel in 1759. But in the cathedral library a French psalter, printed in 1546, contains the music of the Old Hundredth, exactly as it is now sung, so that it could not be the production of either of the great musicians to whom it has been attributed. Doncaster Gazette . Julia M. . West Briton Transcriptions, 1836-1856 at http://freepages.genealogy.rootsweb.com/~wbritonad St. Austell Area History and Genealogy at http://freepages.genealogy.rootsweb.com/~staustell