WEST BRITON AND CORNWALL ADVERTISER . 16 JANUARY 1857 . CORNWALL EPIPHANY SESSIONS, (continued from our last number) . THURSDAY, January 8th, Before J. King LETHBRIDGE, Esq. . WILLIAM CLEMES, JOHN PEARCE, and SIMON ROBINS, young miners of respectable appearance, were charged with stealing ten lbs of currants, and a quantity of sweetmeats, the property of Sophia SYMONDS, widow, at St. Austell, on the 20th of December. In a second count the property was laid in William BULLOCK. Mr. SHILSON for the prosecution; Mr. STOKES for the defence. . William BULLOCK deposed: I am driver of a waggon. On Saturday the 20th of December, I was employed by Mrs. Symonds of St. Austell to bring some groceries for her from Par, and I took up two boxes for her that day at Par; one of the boxes was bound with hoop-iron and fastened with ropes; I don't know that there was any cover on the other box. . When I came on the road as far as Holmbush, the prisoners came and jumped up in my waggon. This was about six or half-past six o'clock. Clemes was the first to jump up; and he threatened to knock my b----y eyes or brains out if I said anything. The others said, "hold your peace, Bill." I had not given them any leave to get up in the waggon. Clemes sat on the uncovered box, in the front part of the waggon; and the others on the closed box behind. I saw these two - Pearce and Robins - moving their hands to and from their breast pockets. . When I came to Mount Charles, Pearce got out of the waggon. I continued riding on the shafts; and when I got to the bottom of the Watering Hill, Clemes got sick, and took up a little basket which he had, and jumped out of the waggon, leaving Robins sitting with his back toward me. . I then thought it was time to look about; I jumped off, and as I came round to the end of the waggon I saw Robins catch his hand out of the box on which he was sitting. I said to him "hallo, my chap, what's going on here? you have not broke open the box, or any thing like that?" . With that, I jumped up at the back of the waggon, on my knees, and Robins pulled part of the board of the box which had been broken open and placed his knees so that I should not see what he was doing; and he began to swear, and with that gave me a smack on the face and a bloody nose. Then Clemes came forth and said he would knock my head off if I said any thing of what they had been doing; I said to Clemes,"I did'nt say that you had been about the box." . I then jumped off from the hind part of the waggon and Robins came forth to the front; Clemes looked to Robins to take the basket, and then he would let it into me. As Clemes came forth and jumped off on the off side of the shafts I jumped off on the near side, and walked on by my horses, and then the other two chaps came round the near side; I said "what, d'ye think you are going to do as you mind by me?" and I put my horses into a trot. . Then a man came along and I spoke to him; he said to me, "young man, you had better drive down your horses to the light, and perhaps I may know these young men." I drove on my horses into the town and stopped in front of Mr. STOCKER's shop. I then saw Clemes and Robins come down the hill and pass round by KELLOW's Van Office to the other street; and the man whom I had spoken to came down the hill into the town close by them and I afterwards saw him by Dunn's Hotel; I went to see for a policeman, leaving that man to watch. . I found a policeman and we went back to my waggon and looked at the boxes, and then I took the boxes to Mrs. Symonds's, and they were opened by her in my presence. A board was broken up in the box which had been fastened the best; the paper round the currants had been broken, and it appeared that a lot of currants was gone. The other box, which had been in the front part of the waggon, had not been touched at all. Both boxes were sound and firm when I took them into my custody at Par; and no person had got into my waggon after leaving Par but the prisoners. . When I got to Mrs. SYMONDS's, I found in the waggon a little tin dish which I delivered to the policeman; I was afterwards present when the policeman took Clemes into custody; he asked Clemes if that was his dish, and he said it was. . Cross-examined: Clemes was a little tipsy; I did not see that there was anything amiss with the other two. The hind box, which was broken, was a slight box, like a candle-box or such as that. I met a plenty of people on the road, but did not make any attempt to get rid of these men. I did not talk to the men all the way; but when we came into the town, Clemes, just after he got out of the waggon, said he would give me a quart of beer or anything else I liked to drink; that was after he had been swearing at me. The waggon was an open clay waggon; it had no cover. . William Henry ROWE, storekeeper at Par, stated that on Saturday the 20th December, the "Forager" steamer brought to Par a chest for Mrs. Symonds, and there was a box lying for her there before. About five o'clock in the afternoon of that day, witness delivered the chest and box to the last witness. The chest was about three feet long, secured with iron hoop, and with rope around it. The box had no cover, but there was no straw on the top, and witness believed it was laced over. Both were in a sound and secure state when delivered to Bullock. . John TRESIDDER HAWKEN: I am manager of Messrs. BOND's establishment at Plymouth. On the 19th of December I packed a chest for Mrs. Symonds of St. Austell; the chest contained groceries; among other things, sweets and currants - 40lbs. of one sort of currents and 80lbs. of another sort; six bottles of sweetmeats, each bottle containing 2lbs. The box was addressed to Mrs. Symonds, Western Hill, St. Austell; it was securely fastened - more than usually strong with hoop iron and corded. I have now seen the same box here. The sweets are of a particular kind; they are a patented article, and we are the only agents for the article in Plymouth. . Sophia SYMONDS, widow: I keep a grocer's shop in St. Austell, and on the 20th of December I employed William Bullock to bring some groceries for me; between seven and eight o'clock in the evening he brought me a chest and box. The chest was broken open, the paper of a parcel of currants had been torn, and it appeared there were a few currants gone. A board had been broken in at the side of the box, and it was bulged in at top. . I am not at all willing to prosecute this case; I do not think it at all necessary to do so. I had ordered a few bottles of fancy sweets; and the invoice stated that six bottles were sent. There were but three whole bottles in the box, and two empty bottles, and there were some loose sweetmeats about the box. There were also some loose currants in the box. I think two parcels of currants had been torn open, and another had been moved. . Cross-Examined: The box was slight and I should think the weight of one or two persons sitting on it would be likely be start it.[as written] I know these young men to be respectable in their stations; I have heard good characters of them from Mr. PETHERICK, Mr. ANDREW, and other gentlemen. . John WESTLAKE, constable: About seven o'clock in the evening of Saturday the 20th of December, I received a complaint from William Bullock, that a box had been broken open, and from the information I received I went to search for the prisoners and found Clemes first. I told him I wanted to speak to him and then stopped with him till Sambell came; I charged him with riding in the waggon and stealing a quantity of sweets; he said "I have not rode in any waggon to-night." . I then said to Bullock "is this the one that rode in your waggon?" he said yes; and Clemes again denied it. Sambell then produced a tin-dish and asked Clemes if it was his; and he said yes. As we were going to the lock-up, we passed a dark place, and I saw Clemes throwing away something; Sambell got a candle and found that he had thrown some sweets on the ground; he said that Robins gave them to him as he was riding on the waggon. . Thomas SAMBELL, policeman, corroborated a portion of Westlake's evidence, and stated that when he afterwards apprehended Robins in his father's house, he found particles of sweets sticking about his pockets; and when Sambell desired him to put on his other clothes and come with him, Robins, who was standing near the mantel-piece, took down a sword and partly unsheathed it, declaring "I'm b....d if I'm going to St. Austell to night, for that." Sambell secured the sword, and took Robins on to the St. Austell lock-up; and on the way he made use of many very violent and bad expressions towards some of the parties concerned in the case. . The next day (Sunday) Sambell was with Westlake when he apprehended Pearce at his father's house and heard him say to Westlake that he rode from Mount Charles, but while he was riding there was nothing done. While Westlake had him in custody, Sambell went to his father's house and received from his sister a jacket and a pair of trousers; he took them to Pearce, who acknowledged that he had worn them on the Saturday; in the pockets of both jacket and trousers, witness found some loose currants. . Some of the bottles were produced, together with samples of the sweets and currants; and evidence of identity was given by Mr. T. HAWKEN, and other witnesses; and evidence was also given of the quantities stolen. . The prisoners' statements before the committing magistrates were then put in. Pearce said "I had the currants given me the night before by a young man in St. Austell market-house; I never saw anything taken in the waggon from Holmbush to Mount Charles." Robins said "I got up in the waggon at Holmbush and rode as far as the watering, and what was in the boxes I know nothing about." Clemes said he never took anything from the waggon. . Mr. STOKES addressed the jury in defence, and called as witnesses to the good character of the prisoners from their childhood, John CLARK, miner, of St. Austell, and John BARRETT, of Charlestown. The jury found all three prisoners GUILTY; but recommended them to mercy, believing that they did not intend robbery when they first got up into the waggon. Clemes and Robins were sentenced to Six Weeks' hard labour, and Pearce to One Month's hard labour. ................... . WILLIAM PIPPIN, 34, labourer, was charged with stealing about twelve gallons of wheat and one sheaf of reed, and one pigeon, the property of John ROWE, farmer, at Breage. Mr. SHILSON conducted the prosecution; Mr. STOKES the defence. . Thomas SIMMONS, a miner, working at Wheal Vor, deposed: On Sunday night the 7th of December, about twelve o'clock, I was returning from Helston with Isaac MOYLE and other persons. As we passed by the private lane leading down to Mr. Rowe's farm, at Sethnoe, we saw a man down the lane, coming towards the road with a sheaf of reed and a sack of corn on his back. I and Moyle went down the lane to him; and he told us that he was coming from the mine and that he had a bag of sticks. I went forth and found that the bag contained corn, and took it from his back; and the prisoner offered me a shilling, and then five shillings, ten shillings, or a sovereign if we would let him go clear; and afterwards offered to give all that he was to receive next pay-day. . I said, "nonsense, come along with us," and we took him down to Mr. Rowe's house, with the reed and wheat, and called up Mr. Rowe. We afterwards, at Breage churchtown, delivered the wheat and reed to the constable. I had known the prisoner before; he is a lander; landers do not work on Sundays. He said he found the corn in the turnpike road as he was going to Helston to fetch the doctor for his wife. I saw his wife afterwards; she was not ill, as far as I could judge. . Isaac MOYLE corroborated the above evidence. . Thomasine ROWE, a daughter of the prosecutor, stated that on the night of the 7th of December, she was looking out of one of the windows at Sethnoe and saw the prisoner near the house; saw him take something white out of his pocket and throw it over the garden wall. When her father was called up at night, she told of what she had seen, and her father and brother went to the spot and found a dead pigeon. Had seen that pigeon alive on Sunday evening at roost with others inside the barn. The prisoner was about twelve feet from her when she saw him. . Jacob ROWE, son of the prosecutor, proved his having found the pigeon as spoken of by his sister; when he found the pigeon, it was dead but still warm; knew the bird very well; went and searched the roost, and found that one pigeon was missing out of the six that had been there. Saw the sheaf of reed which was taken from the prisoner, and could swear to its being his father's property, witness himself having bound it. . Jacob ROWE, the prosecutor: I live at Sethnoe; Sethnoe lane leads only to my farm. Prisoner lives near me and has worked for me. On the Sunday night about twelve o'clock, I was called up by MOYLE and SIMMONS; they had a sheaf of reed and a sack of wheat, and one of them was holding PIPPIN by the collar. About Noon on Sunday, I saw in the barn about three bushels of wheat in a sack, and a pile of wheat in a rough state; and on Sunday night when the prisoner was brought to me, I found that a quantity of wheat had been taken from the pile; and I afterwards found that the wheat which had been found on the prisoner corresponded exactly with that in the pile. The sheaf of reed was similar to sheaves I had in my mowhay. It is a particular sort of wheat which I had down from London, with Mr. JULIAN of Helston. The key of the barn was left in the door on the Sunday; I saw it there. . John JULYAN, constable, produced the reed, wheat, and pigeon, and said: I had the prisoner in custody on the Sunday night; it was a coldish night. He was sitting back some distance from the fire-place, and complaining of it being cold. He went forth towards the fire-place, and I saw him take something out of his pocket and thrust it into the fire under the boiler. I went forth, and saw that what he had thrown in was a bag; but it was all in flames, and I could not take it out. The corn, sheaf, and pigeon were identified; and the jury found the prisoner GUILTY. Sentence, Nine Months' hard labour. . ............................ . PHILIP HARVEY, 27, a miner, was charged with stealing 250 lbs of tin ore, the property of Richard PEARCE and others, adventurers in Dolcoath Mine, as long ago as the 11th of June, 1854. Mr. CORNISH conducted the prosecution; Mr. SHILSON the defence. . Richard PEARCE, an agent and adventurer in Dolcoath mine, deposed: On Sunday the 11th of June 1854, we had, amongst other tin ore in the yard, a quantity in a kieve. It was about a ton of a particular sort of tin, best quality tin, raised from the north part of the mine. I saw that tin all right in the kieve, about four o'clock on the Sunday afternoon. After twelve o'clock on the Sunday night I went to that kieve, in consequence of having been called by Joseph JEWELL. I examined the kieve, and found that about 250 lbs. of tin had been taken away, and there were marks of hands having dived into the tin to take it up. Close against the kieve I saw a sack containing about ¾ cwt. of tin; and about ten or twelve feet off were two other sacks, partly full. . I compared the tin in these three sacks with that in the kieve, and found that it was precisely the same sample. I had no doubt that the tin in the three sacks was taken from that kieve. I kept the tin which I had found in those sacks, until the 15th of December, 1856, when I delivered it to George Noble, constable. The value of the 250 lbs of tin was about GBP 9 or GBP 10. The prisoner Harvey was not working in the mine at that time. From information received, a warrant was issued against him, but he was not brought before the magistrates till December, 1856. . James JEWELL, tin-dresser, working at Dolcoath: I was working at Dolcoath in June, 1854, and was in the habit of going to my work between twelve and one o'clock at night. I went there on the night of Sunday the 11th of June, with Sampson JEWELL and Caroline TEMBY. As we entered the yard-door, I saw a man leaning over a kieve, and said, "Hallo, is that Allen?" As I got into the yard, I saw a second man standing between two other kieves; this was the prisoner; and the man who was leaning over the other kieve was called VIVIAN. . When I said "Is that Allen?" Vivian made inquiries about the burning house; he said "that as to the burning house there we may lie down, men and maidens all together"; Harvey was not at that time working on the mine and had no business in the yard. I went in to see the burning-house men, and to speak to my brother; and when I came out with a light I saw Vivian and Harvey run away. Vivian was not at that time employed on the mine. . After seeing Harvey and Vivian run away, I saw three sacks of tin on the ground; one close beside the kieve of tin over which Vivian had been leaning, and the two others about ten or twelve feet off from where Harvey was standing. I compared the tin in these three sacks with that in the kieve, and I found it was the same sample. . Sampson JEWELL, brother of last witness, and who came to the mine with him and Caroline Temby on the Sunday night referred to, corroborated his evidence, and added that when Vivian was discovered and made inquiries about the burning-house, he was making out to be drunk. . This witness also stated: I went up to the prisoner, and put my hand on his shoulder, and said to him "What are you doing here?" He made no reply but got out of my hand, slipped away between the kieves, and ran off. . A few feet from where the prisoner had been standing I found a sack, and called Capt. Pearce. We found altogether three sacks, containing tin, which had been taken from the kieves that Vivian was leaning over. I knew the tin very well. On the Saturday evening I had seen that the tin in this kieve was all right; but on the Monday morning I saw that there had been a pit dug in it. A person not working on the mine would have no right to be on it at that hour; there is no public road through the mine. . George NOBLE, constable of Camborne: I received the warrant to apprehend the prisoner in June, 1854. He was not apprehended till last December, when Ward the policeman took him, in my presence, at two o'clock on a Sunday morning. From June 1854, I believe he had not been in the neighbourhood; I made inquiries. (It appeared that the prisoner had been working in the eastern part of the county, or in Devonshire.) . I received tin from Capt. Pearce, part of which I now produce. This tin was clearly identified by Capt. Pearce. Mr. SHILSON addressed the Jury in behalf of the prisoner; after which the CHAIRMAN summed up, and the Jury retired for consultation, and ultimately returned a verdict of GUILTY. Sentence, Eight Months' hard labour. . ......................... . JOHN PENROSE was charged with stealing five sheaves of oats, the property of Joseph LAWRY, of St. Just in Penwith, on the 30th of December, 1856; and also with stealing nine sheaves of oats, the property of the said Joseph LAWREY, on the 31st of December. (Thomas Penrose had been indicted for the same offence, but the bill against him had been ignored.) Mr. CORNISH appeared for the prosecution, and, preliminary to any other proceedings, required that the prosecutor, an important witness, should be called on his recognizances. The crier of the court accordingly called three times on "Joseph Lawry to come forth and give evidence on a bill of indictment against John Penrose, or forfeit your recognisances." Joseph Lawry did not appear, and his recognizances were estreated. . Mr. CORNISH then addressed the jury, speaking of the peculiar circumstances under which the case was brought before them, in consequence of the non-attendance of the prosecutor, who had been bound over to appear and give evidence. On the part of the prosecution every effort had been made to bring the prosecutor before the court, but without success. The case must therefore depend on other evidence, which would show that on the morning of Wednesday the 31st of December a watch was set on the mowhay at Carn Green, the prosecutor's farm, on which the prosecutor had a mow of oats; and Joseph Penrose was seen to go to the mow and take some sheaves of corn from it. . On being taken he made use of some expression of sorrow for what he had done. A statement of the prisoner would be put in, in which he admitted having taken the corn, but somewhat justified the act. . Mr. Cornish then called Joseph Lawry the younger, whose evidence proved to be of such a negative character that the prosecution could not be sustained. . In answer to questions, he said: I am son of Joseph Lawry, of St. Just; my father occupies a farm at Carn Green. I worked with my father one day last year; at that time I did not assist him in saving oats. I was not on Carn Green mowhay during the harvest. I went to my father's house on the 31st December, but was not in the mowhay; I was out in a field near the mowhay; I was not there for any particular purpose; from where I was standing I could not see into the mowhay; I was not in the barn in the course of that morning; I never saw any thing happen in the mowhay in the course of that day; I saw the prisoner near the place but not till after he was taken hold of by the constable; I never saw the constable take him; after he was taken I never saw anything happen. . Mr. Cornish addressed an observation to the bench; on which the CHARIMAN, addressing the jury, said - You have seen, gentlemen, the nature of this case. The prosecutor is not present; he has been called on his recognizances and will have to answer for that; and this witness here, though he remembered everything before the magistrate, he remembers nothing here. The learned advocate therefore thinks it would be useless for him to go further with the case, and you will say the prisoner is NOT GUILTY. They returned their verdict accordingly. The court ordered that the witness's expenses be disallowed; and the prosecutor's recognizances were estreated. . This concluded the jury business of the sessions. . [But there is still one more 'send' to come, including business not requiring a jury.] . 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