|1 April 1836|
Introductory statement from the Judges regarding two cases; "In the case of Priscilla Hill, who is charged with the willful murder of a female child, of which she had been delivered. It would appear that the body of the child was never found, and it has been laid down as a rule that a person should never be convicted of murder or manslaughter, unless the act was seen to have been committed, or the body found. - Under the circumstances, great caution should be used (by the Jury)."
"..that of Philip Manuel, who is charged with the willful murder of his daughter. I believe there is no doubt as to his having committed the crime of murder, but at the Coroner's inquest a doubt was expressed as to the man's being of unsound mind. That, however, is no reason why you should not find a true bill; and if on his trial he should be proved to be insane, the case will be disposed of a late Act of Parliament."
Following is a summary of the cases heard:
David Dingle MARTIN, 23, indicted for stealing 3 pecks of wheat, and a sack, from Mr. Hugh LANGMAN of Southpetherwin. Guilty of stealing the sack only.
Eliza KEAST, 30, having been charged with stealing three shawls belonging to Mr. Richard CLOGG of Liskeard. Guilty.
John SCOWN, 22, having broken into a cellar and stolen 11 pounds of bacon and ham, the property of William SCOWN. Charge not substantiated, not quilty.
Grace PAYNTER, 42, charged with having opened a parcel belonging to Priscilla BEVAN of Lifton, and removing a soverign. Found guilty for stealing the soverign only, not guilty of opening the parcel.
Mary ROWE, indicted for having stolen a half-crown belonging to her master, Mr. W. G. HIGGS of St. Columb. Guilty. (She, a servant in the house, had a duplicate key which opened the lock-box, and had marked coins on her person.)
John SCADDEN, four counts of having maliciously with a knife, cut and stabbed Richard HOSKING, of the parish of Ludgvan. Guilty, but not of malice prepense.
William ANSILL, stealing various tools from Mr. Wm Pope HAWKE, a saddler of Bodmin. Ansill was an apprentice, and routinely took jobs home to complete. Testimony was given as to his reliability and integrity. Not guilty.
Henry HAWKEN, indicted for having broken into the house of Thomas HICKS at St. Wenn, and having stolen certain goods and monies. Not guilty - two witnesses testified to different "tracks" being present, and judge stopped the trial immediately.
Joseph JONES, 24, indicted for stealing from Miss Sarah PASCOE, at St. Clement, a silk purse containing five shillings in silver. Miss Pascoe resides in Truro. (One column of testimony included.) - Jury returned a verdict of Guilty, despite the Judge summing up the evidence in favour of the prisoner. - His Lordship required them to reconsider. They returned the same verdict. His Lordship then directed "further inquiries into the case be made and regretted the cause that kept other witnesses away". "The verdict excited the greatest surprise in the Court".
"Wm ROWE, indicted for administering a certain medicine called southernwood or boy's love, with cayenne pepper, to Elizabeth HOOPER at Marchamchurch, for the purpose of causing abortion, was acquitted by the Jury".
"John RICHARDS, 61, was indicted for having passed to Mary PAUL, at St. Germains, a counterfeit shilling, knowing it to be such. To be imprisoned three months."*
Launceston - "Priscilla Hill was found not guilty of the murder, and the Jury are now locked up as to concealment of the birth. Grace Paynter to be imprisoned for one year. Eliza Keast to be imprisoned for one year hard labour. John Scadden death recorded. John Scown, acquitted. Honor Presser, no bill." (In the Mar 25th paper, name was Honor Proser, aged 24 for stealing a cotton bag with coins inside from Joseph Cursow.) "John George Perrin Ellis, alias George Perrin, acquitted of stealing a ferret. David Dingle Martin, six month's imprisonment. John Richards, six months imprisonment. Henry Hawken, acquitted. Mary Rowe, three month's imprisonment."*
(*this is as written; notice above showed three months. No mention of Wm. Rowe was made.)
THE LATE GALES - Falmouth - On Saturday night last, at nine pm, it commenced blowing a violent gale from SSW to SSE, which increased to a complete hurricane, such as has been rarely experienced here, until about daylight on Tuesday, when the wind veered to North and continued to blow throughout the day with great fury. The brig "Traveller", of Aberdeen, Godsman, master, from Port-au-Prince for orders, which was at anchor on the western bank, drove on shore, at two a.m. upon the rocks at Trefusis(?) point, and has become a total wreck; her stores, together with some of her cargo, which consisted of coffee, cotton, and logwood, will be saved, but the greater portion of the cargo is lost. The crew took to the long boat on her striking, and landed in safety at Falmouth. The schooner "Lavinia", Tonkin, master, and "Killigrew", Noyle, master and "Ceres", of Padstow, also drove on shore, but have not received any material damage. All the men-of-war packets, and other shipping in the roads and harbour, together with the East India ship "Orwell", at anchor in the western bay, rode out the gale in perfect safety. The "Seagull" from the West Indies, and the "Espoir" from Lisbon, were enabled by the Light House, erected at the entrance of the harbour to run into the anchorage in safety. The brig "Clagas", Roberts, master, of nad(?) from Guernsey, for Pernambuco, also riding in the western bay, got under weigh, at eight pm, and stood to sea. The sloop "Susan", of Plymouth, was driven on shore in Helford harbour, and wrecked.
Penzance - So tremendous a gale as we were visited with on Saturday night, was never remembered here. It began about nine o'clock in the evening at SSW veered to the SSE and SE until six o'clock on Monday morning, when it flew round to North. The following may be considered as a summary of the damage done to the shipping in this port: The Revenue Cutter "Sylvia" at anchor in the roads, upset her windlass, parted her moorings, again brought up with both anchors ahead until tide time; she then got under weigh, and carried away her bowsprit, working up to the pier. Two smacks belonging to Brixham, both called the "Anne", parted their cables in the roads as did 16 of the lognail driving boats, and were driven on shore the beach near Newlyn, 7 of the boats are total wrecks. The "Anne", Davies, had her fore yard carried away. The "Triton", Wakem, under repair, was washed off the blocks. The "Sally", Barnes; the Ocean, Tellam; the Speedy, Wall; the Agenoria, Pengelly, and the Lord Wellington, Tregarthen, parted all their fasts and were hove on the beach within the pier, having bulwarks and rails stoved, and hulls strained. The pilot boat Providence was knocked to pieces by the Susan breaking adrift and falling over on her. The Industry, Callaway, parted her cables in the roads, and succeeded in getting into the pier in the dead of night, without any other damage than twisting her keel, and starting her garboards. The Scilly Packet, "Lord Wellington", sailed on Sunday, but finding the gale coming on put back.
CHURCH RATES - The churchwardens of Falmouth, have notwithstanding the revolutions of the General vestry, persisted in making an collecting what they call a Church Rate, and in consequence of the threats which have been used, several of the inhabitants have been induced to pay their demand, but many others have determined to resist what they deem to be an illegal assumption of power. A public meeting was in consequence held in the Vestry Room of that town on Saturday evening last (Jas. Cornish, Esq. in the chair) on which occasion resolutions were unanimously passed, strongly condemning the conduct of the churchwardens (Messrs. W. Carne and F. Treleaven) and expressing a determination to support any one against whom proceedings may be commenced, the parties present signing a paper to that effect. The churchwardens have announced their intention to obtain writs against the persons refusing to pay, amongst whom we understand are the mayor, one of the justices, and several other members of the corporation. We cannot but wish this constantly agitated question were finally disposed of.
Our readers will perceive, by an advertisement in our third page, that an exhibition and sale of fancy work, in aid of the Misericordia Society, is to be held at Falmouth on Tuesday next. This valuable society deserves the support of a christian public - its funds are dispensed by ladies, who themselves visit the abodes of poverty - enquire into the causes of the distress, and alleviate as far as possible the sufferings they witness.
HAWKEY vs KEY - This was an action of trespass. Mr. Crowder and Mr. Rowe conducted the case for the plaintiff; Mr. Sergeant Bompas and Mr. Erle for the defendant. .....Mr. Hawkey occupied an estate, in the parish of St. Wenn, called Trevallack, a considerable part of which was wastrel. The plaintiff is also a solicitor. Mr. Hart Key is a respectable farmer in the parish of St. Breock, and keeps a pack of harriers. Mr. Hawkey and Mr. Key quarreled, and a written notice was served Mr. Key on the 20th of January, 1835, forbidding him to trespass. ....the defendant, with his harriers, passed over some part of the plaintiff's common on that day (19th Sept 1835) in pursuit of a hare. .... It was not pretended that the hare, hounds, or horses entered the enclosed part of the plaintiff's estate, but merely that they passed over the common within about 150 yards of the plaintiff's rights. ..... The plaintiff did not allege that he had suffered any pecuniary injury, in consequence of the trespass!, and only sought a farthing damages.
This cause occupied the Court seven hours, and it is our duty to state that a more paltry case was never brought into a Court of Justice.
The cause of action appears to arise from a private quarrel between the parties, in consequence of Mr. Hawkey's coursing with a greyhound a hare which had been nearly run down by the harriers of the defendant, and after this fleet animal had succeeded in capturing poor puss, his master walked off with the prize, to the no small discomfiture of the gentlemen on horseback.
The plaintiff's case was undoubtedly made out, the trespass being clearly proved; but the Jury, after a long consultation, returned a verdict for the defendant, to the astonishment of every one in Court.
HOCKING vs ANDREW - This was a case of seduction. Mr. Erle and Mr. Butt conducted the case for the plaintiff, and Mr. Crowder (with whom was Mr. Montague Smith) appeared for the defendant.
The plaintiff is a farmer living in the parish of Calstock, and the father of six children. The action was brought by him for compensation for the injury he sustained by the loss of his eldest daughter, about 20 years of age, who it was alleged had been seduced by the defendant, ... her first cousin. The defendant resided with his father, a farmer, about a mile from the plaintiff. In 1829, Ann Hocking, at the request of the defendant's father, was taken into his house as a servant. The house was small,; it contained only two bed-rooms, one of which was of considerable size, the other very small. In the former there were three beds; one occupied by the defendant and his brother, another by a servant man and boy, and the third by Ann Hocking, the "very young" sister of the defendant, and an apprentice girl. Ann H. lived in the family for about three years, to the time of the death of the defendant's father. She then went to live with a person called Ashton. Soon after the death of his father, the defendant and his brother took the farm together, and their mother resided with them......Ann H. returned, and remained with the family until lady-day 1834. Before she left defendant had become her suitor; when subsequently he met her at Bodmin fair, he renewed his suit. She believed he was sincere, and from that time till November 1834 kept company with him, when he succeeded in effecting his purpose, and from that moment turned his back upon her, and refused to afford her relief in any shape. In August, 1835, she was delivered of a child, which her father had been obliged to support. It was proved that the defendant had some time ago received £400. For the defence it was contended that there was not a tittle of evidence to shew any seductive act...... It was also admitted by the young woman, on cross-examination, that the men who slept in the room with her, had frequently taken great liberties with her person, and still she continued to sleep in the same room, and made no complaint for a long time. In answer to these imputations on her character, a paper was put in written by the request of the defendant, giving her a good character as a servant. The Jury, without hesitation, found a verdict for the plaintiff - damages £40, which excited great surprise.
- Cornwall Assizes
- Foreign news regarding Spanish government, and the French govt of Thiers
- Ireland; petition to Parliament for an Irish Poor-law
- Sale of North Devon stock
Falmouth - James Martin and Henry Abrahams, who were out on bail, were charged with having entered in disguise on the 18th of February, into the shop of a person named Hobbs, and stolen from thence a box of Havannah cigars. The prisoner Martin entered Hobbs's shop and enquired for a box of cigars which he on receiving handed to Henry Abrahams, who acted as his servant, and who immediately made off with it. The prosecutor for some time held the prisoner Martin, and when he escaped from her followed him into the house of a woman named Bradley. The day following the goods were found by a constable. The whole affair was planned by the woman Bradley who unfortunately was not included in the indictment. The jury returned a verdict of guilty, but on account of their being induced by the woman Bradley to perpetrate the offence recommended them to mercy. The Mayor sentenced them to one month's imprisonment, and stated he had mitigated their punishment in consideration of their previous good character, and with the hope that the warning they had received would deter them from committing crime for the future.
An ewe sheep the property of Mr. Edward Truscott, of the barton of Nanswydden was killed in March last; the carcase(sic) of which weighed 112 lbs, and the fat of which when melted down, produced 85 lbs and a half.
At St. Kew fair on Tuesday last, there was an excellent supply of cattle and sheep and many sales were affected at prices equal to those obtained at the late fairs held in the county. The Garlands were awarded for the two best oxen, to J. B. Hambly, Esq. of Treharrock, and to Mr. William Nickell of Tretheren for the best cow.
We are gratified to learn that, in pursuance of a requisition forwarded to the Mayor of Penzance, a public meeting was held at that town yesterday, for the purpose of entering into a subscription for the relief of the poor fishermen at Newlyn, who have suffered so severely by the loss of their boats, nets, and C. during the late severe storm which has visited our coasts. We cannot doubt but that this appeal in their sympathy will be readily met by the liberal contributions of the friends of humanity in Penzance.
Padstow - On Saturday last, wind blowing a strong gale at NW with a heavy sea, the sloop "Margaretta and Esther" of Padstow, Wilson, master, entered the harbour at ebb tide, and being in the most perilous situation, prompt assistance was ordered her by the Capstans, Hawser, Boats &c. [-?-] she was providentially warped into place - Soon after, the brig "Ocean" of Newport, Boyd, master, came to the harbour, when a line, with a hawser attached to it from the capstan, was taken on board by Benjamin Davies, a pilot, but unfortunately her anchor not being ready, it was found impossible to let it go before she struck on the .. Ketch. All hopes then of saving the vessel were at an end, when four of the crew with the pilot [-?-] to their boat, but melancholy to relate she soon capsized, and all hands perished. The remaining two of the crew ascended the rigging, and continued in the main-top til the tide flowed, during which time every possible exertion was used to rescue these [-?-] fellows from a watery grave, but without effect. Unhappily in the set of launching the life-boat she ,,, stove in, and consequently could not then be made available. Manby's mortars and Dennet's [-?-] were applied, but the vessel could not be beached. Soon after the tide began to flow, the masts went overboard, and the two men in the course of a few minutes were seen no more. It is a satisfaction to know that every effort was made to save the vessel and crew. The necessity of having an anchor ready on entering this harbour, as well as every other, cannot be too strongly urged on master and vessels, as humanly speaking "the brig would have been saved had the attention of the crew been directed to hauling the hawser on board".
Frank's Specific Solution of Copaiba - At a meeting of the Govenors of the Free Hospital, Grenvill Street, Hatton Gardens, on Tuesday, the 23d ult, Mr. Hentsch, the House Apothecary of that Institution was dismissed from his position for having given Mr. Franks a certificate of the virtues of the above medicine. - In his defense, Mr. Hentsch maintained he had sent a private communication never meant for publication. A second resolution for the removal of Mr. Tweedle from the office of Surgeon, for similar alleged anti-professional conduct, was adjourned till next week, principally with the view of allowing that Gentleman an opportunity of resigning in the interval.
Advertisement - The Trustees of the St. Austell Wesleyan Chapel, and Thomas Pope Rosevear, Esq.
At a Public Meeting, held at St. Austell by Dr. Warren and Mr. Eckert, on the 10th of March, 1836, an observation was made by Mr. Rosevear, the Chairman, tending to convey the impression that the Trustees of the above-named Chapel had failed to discharge a debt due from them to him for the Slate with which the Chapel is covered. Having been informed that a similar remark was subsequently made by Mr. Rosevear at another public Meeting, they communicated with him on the subject, hoping that he would, on re-consideration, either acknowledge the unfairness of his statement or so modify it as to free the Trustees from blame. Mr. Rosevear's reply being unsatisfactory, the Trustees deem it due to their own character to give publicity to the following facts, to shew the utter groundlessness of such an imputation concerning them.
1 - The St. Austell Wesleyan Chapel was built by contract in 1827-8, and the contractor paid in full for the entire Building.
2 - The Trustees were neither directly nor indirectly parties to any negotiation or agreement between the contractor and Mr. Rosevear.
3 - Until the Meetings alluded to, at which the objectionable statement was made, no claim, or even the intimation of a claim upon the Trustees was made by Mr. Rosevear, or by any one on his behalf.
4 - Some time after the completion of the Chapel, the contractor having compounded with his creditors, Mr. Rosevear presented his claim on the contractor's estate, as a creditor, and received therefrom the full composition.
Signed on behalf of the Trustees,
THOMAS PETER, Treasurer
JACOB H. DREW, Secretary - St. Austell, April 6, 1836
CROWN BAR - Thursday, March 31 - Philip Manuel was indicted for the murder of his daughter, Caroline Manuel, on the 19th of February last. Mr. Smith stated the case for the prosecution.... (My condensation of quite a bit of testimony. Christian Manuel, the surviving daughter, testified the family thought he was insane, because he tried to smother (stifle) her brother, "of whom he was exceedingly fond". The Courts had removed the children from the home; they had lived there "until Christmas". Thomas BRAY, a constable, knew the prisoner's father, mother, brother and sister - "they were all mad" - Bray discovered a number of weapons under the bed of the prisoner, when he went to check on the report of the attempted "stifling"; Manuel denied the action, but said he had to keep the weapons handy because "people were going to rob him".) - (verbatim from here) - John MATTHEWS, a boy of 13, testified he had heard other children calling the prisoner "Fizzy Maggy", laughing at and treating him as an idiot. Wm. CAMULL, a captain of the mine, has known the prisoner from the time he was a child, he was then afraid to pass by the house in which Manuel resided, because people said he was a madman. About four weeks before the murder, prisoner came to witness complaining that people were going to rob and murder him, he cried very loudly, and foamed at the mouth. His Lordship then proceeded to sum up the evidence, which he went through minutely. The Jury found the prisoner guilty of the murder, being at the time in a state of insanity. To be imprisoned for life.
Priscilla Hill, 36, was indicted for having feloniously suffocated and killed a certain female child on the 20th May last, of which she had been delivered; there was also a count charging her with concealing the birth of the said child. (My condensation - The principal witness on behalf of the prosecution was a girl called Ann ROBERTS, a fellow servant of the prisoner, who lived with Mr. Thomas DONEY, of St. Neot. She stated she was present in an outhouse when the defendant gave birth to a live child; the defendant then demanded the witness accompany her to a wood, where they buried the child. The witness did not discuss this matter with anyone, but when the two servants had a fight several months later she warned the defendant. Two weeks later she quit the employ of Mr. Doney; three weeks after that, she returned and told him what had happened. The defense called Mr. Pearse, a surgeon of Launceston, and another witness, also a medical person. Their testimony is suppressed, as being "unfit for the public eye". Testimony was also offered that Ann Roberts had said she would "do her" (Miss H.) at the time of the fight. The Jury said they could not believe the statement of Ann Roberts, and there was no other proof to warrant their finding the prisoner guilty; they therefore acquitted her of the capital charge. They were then requested to state whether they found her guilty of concealing the birth; upon which they requested to withdraw, and after being absent for two hours, they returned into court, and stated that they acquitted her of that charge, also.
John Scadden, against whom death was recorded, is to be transported, and against Joseph Jones, death was recorded. Wednesday, March 30
Matthews and another vs. Trestrail - This was an action brought by two poor miners, to recover the sum of £39.12s due to them for ore raised in Halenbeagle Mine. The plaintiffs were tributers, and took a certain limit, or pitch, in the Mine, for two months, at 11s. in the pound. (They did quite well in "raising" ore, working diligently; at the end of the two months, the mine manager accused them of stealing ore from the adventurer's share, and refused to pay them anything). The Jury, after a few minutes' consultation, found a verdict for the plaintiff, damages, £45.
Wright vs Venning - This was an action brought by Messrs. Wright, brewers in Bodmin, to recover damages from Mr. Venning, a maltster and brewer of Liskeard, for the injury sustained by them in their business, from slander of the defendant. Mr. STOCK opened the pleadings, and Mr. Butt addressed the Jury for the plaintiff. Witnesses: W. SARGENT, shoemaker, of Liskeard, heard Venning say "Wright has been fined £200 for having toads in his beer!" - John JENKINS, waggoner, of Liskeard same - Mr. Joseph HAYNE, butcher at Liskeard same - Mr. George Sidney Wright, brother of the plaintiffs, testified as to the slowing of orders for their beers and ale - Peter BILLING and Edward ALFUD, employees, also testified. Mr. CROWDER addressed the Jury in a very able speech on behalf of the defendant, but called no witnesses for the defense. Verdict for the plaintiffs, damage £5.
Vivian vs Humphries - Special Jury. There were many points in it of great importance to the mining community; and rather than abridge our report, we postpone it until next week.
Wright vs Henwood - (My summary) Related to the above action. This one is charging Mrs. Henwood, who has a beer shop, with having stated "she had been at Mr. Venning's for barm(?), and he told her that Mr. Wright, brewer of Bodmin, was fined £200 on account of toads being found in his beer" and that "three were found in one barrel, whereupon they investigated further and found seven in another barrel." Conflicting testimony was received; Mrs. Henwood told one witness that she knew that Mr. Wright's beer was "toady beer", but couldn't remember where she'd heard it, and became evasive when pressed. Some witnesses' veracity was challenged, as were their characters. Verdict, not guilty. (JM comment: evidently, gossip wasn't a crime!)
- Dissenter's Grievances
- Irish news: Lord Mulgrave praised
- Civil War news from Spain
- Cornwall Assizes; Vivian and others vs Humphries and others
-Tithe Commutation bill
Ireland - Lord Lorton recently purchased a township in Langford, and the population being Catholics, his Lordship piously expelled them to make room for a colony of Protestants. - - this is legal. The landholders are simply "doing what they will with their own". Yet we shall, no doubt, soon find these men whining about the disaffected state of the peasantry, and charging it on the lenity of the government. Oh, the hypocrites!
Report of the Commission to Inquire into the Condition of the Irish Poor - "..They propose a legal provision should be made for the relief and support of incurable as well an curable lunatics, idiots, cripples, deaf and dumb". With respect to emigration, it is proposed that one half of the expense should be borne by the general funds of the empire, and the other half defrayed partly by the national rate, and partly be the owners of the land from which the emigrants remove, or from which they have been ejected within the past twelve months".. The Commissioners look to emigration and internal improvements as resources for the able-bodied poor.
Mackarel Fishery - Mackarel(sic) have made their appearance in large shoals in Mount's Bay. During the week several of the boats have taken from 2,000 to 3,000 each, and the price has consequently fallen to 10s. per 120.
Callington - Caution to Poachers. On the 7th instant, David and Samuel Jenkins were fined by the magistrates of Linkinhorne, in the mitigated penalty of £2 and expenses, for being in the pursuit of, and shooting game, on the lands of Sir William Pratt Call, Bart. They will also be surcharged, for shooting without a license.
The annual April cattle market held at Callington, on Wednesday the 6th instant, was most fully and respectably attended. - The following prizes were awarded: For the best fat cow, a silver cup to the Right Honorable the Earl of St. Germains; second best, a silver cup to Mr. John Nicholls of Alternum; third best a piece of plate to Mr. Heard of Landulph. The cow of Mr. Nicholls, which had the second prize, and another of nearly the same quality and value, were immediately sold for £60; fat sheep 9d. per lb. After the business concluded a numerous and respectable party dined at the New Inn.
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