cornwall england newspaper


1845 NEWS ARTICLE

AUGUST



1 AUGUST 1845, Friday


LISKEARD - On the evening of Monday se'nnight, at the Roman Catholic Chapel, in West-street, an address was delivered by the Hon and Rev. GEORGE SPENCER, Catholic priest, to a rather numerous and very attentive congregation. The hon. gentleman gave in detail the particulars of his conversion to the Catholic faith. His address, though of a controversial character, was neither intemperate nor destitute of candour. He certainly indulged in some rather severe reflections on the character of King Henry VIII, which is not very surprising. Martin Luther's moral consistency was thought by him very questionable, and Queen Elizabeth's zeal to the reformation was attributed to regal expediency.

IMPORTATION OF SPANISH OXEN - That enterprising speculator, MR. CHARLES ROWE, of Falmouth, arrived at that port from Corunna last Monday morning, after a quick and easy passage, with the finest importation of Spanish fat cattle ever seen in Cornwall, which have since received the highest praise from numerous butchers and graziers who have examined them. From the quickness of the passage, the cattle appeared, on being landed, as fresh as if just brought from field.

WHAT NEXT? The Bar of the Western Circuit have come to a resolution "that it is inconsistent with the dignity and independence of their body that any member of it should furnish reports to a newspaper." Globe

CORONERS' INQUESTS - On Saturday last, an inquest was held before Mr. Gilbert HAMLEY, deputy coroner, at Launceston, on view of the body of JOHN HODGE, who died in consequence of injuries he received by the omnibus belonging to his uncle passing over him. It appeared from the evidence of one of the passengers in the omnibus, and who was sitting near the driver when the accident happened, that the poor little boy was riding the front horse as he had been in the habit of doing when the omnibus was heavily laden. Whilst descending a hill about two and a half miles from Launceston, the horse on which he rode took fright at some geese near the road, and turned suddenly round, in consequence of which the little boy fell off, and both horses, and the front wheel of the vehicle passed over him. Several persons spoke of the great care generally used by the driver, and the witnesses stated that on this occasion no blame whatsoever was to be attributed to him. Although the poor little fellow was but 10 years of age, he had many times ridden the front horse as far as Bodmin, and had returned the same evening by himself. The jury returned a verdict of accidental death. Several of the jury remarked how dangerous it was for persons on horseback to pass a flock of geese, and that few horses would pass them without starting; and they hoped that the proper authorities would, if possible, endeavour to prevent persons from allowing their geese to stray near the turnpike road.

On Saturday last, an inquest was held by W. HICHENS, Esq., coroner, in the parish of Wendron, on the body of WILLIAM CADDY, of that parish, aged about 20 years, whose death was occasioned by the sudden explosion of a hole, which he and his comrades were in the course of preparing for blasting a rock, the explosion having taken place whilst they were in the act of beating down the tamping or wadding on the powder. The accident happened on the 23rd ultimo, in the parish of Constantine; but the deceased lived about four or five hours afterwards, during which he was removed to his house at Wendron, where he died the same day. Verdict, accidental death. Another of the party received such injury to one of his legs, that it was obliged to be amputated.

DEVON ASSIZES - The trial which excited the most interest at these assizes was that of the ten persons belonging to the slave schooner "Felicidade," for the murder of MR. THOMAS PALMER and nine other Englishmen, part of the crew of the "Wasp." At nine o'clock on Thursday morning, Mr. BARON PLATT entered the court and took his seat, and shortly afterward the prisoners were placed in the [dock]. [Prisoners were Janus Majaval, Francisco Fereira de Santo Serva [captain of the "Echo"], Manuel Jose Alves, Florence Ribiero, Juan Francisco, Jose Maria Martinez [Martinos], Antonio Joaquim, Sebastian de Santos, Manuel Antonio, and Jose Antonio. They were all dark-looking men, and appeared to be well-fitted for the trade in which they were engaged - brought up to it, in all probability, from childhood. Mr. Bellamy of Plymouth was sworn as interpreter. JANUS MAJAVAL was accused of striking and stabbing Palmer, a British naval officer, with a knife, giving him a mortal wound upon the belly, of which he died; the other prisoners being present at the time of the murder, aiding him and assisting him. There was another count in the indictment, charging the prisoners with having thrown Thomas Palmer out of the vessel after the attack, and causing his death by drowning.] Mr. SERGEANT MANNING, for the defense, claimed the jury must be composed half of Englishmen, and half foreigners. He advised the prisoners not to plead to the charges until this had been decided. He also contended the indictment was faulty, as it did not conclude "contra formam statuti." The Judge held murder to be an offence at common law, and the indictment good. The prisoners then pleaded not guilty, and a jury de medietate [linguae] was sworn..... The trial lasted the whole of Thursday and Friday. The Judge, in summing up, stated it was his opinion that the "Felicidade" was in the legal custody of the Queen's officers, and that the prisoners were also in legal custody; any persons killing the officer or his men were guilty of murder. If the jury found they conspired together to slay the Englishmen on board, then all were guilty. The jury retired for an hour, and then re-entered the Court amidst the most profound silence. They returned a verdict of Guilty against Majaval, Serva, Alves, Ribiero, Francisco, Martinez [Martinos], Joaquim.], [and the Judge then sentenced them to death.] Sebastien de Santos and Manuel and Jose Antonio were found not guilty.

'jury de medietate linguae' was a special jury - a "Party Jury", for defendants at special risk of suffering prejudice that included either only or half individuals of the same race, sex, religion, or origin.

The following explanatory material has been taken from these publications:
(1) ATLANTIC SLAVE TRADE part III by J. R. McCleary
(2) "The NAVY and THE SLAVE TRADE: The Suppression of the African Slave Trade in the Nineteenth Century, by Christopher, Lloyd, [1906?] Pgs 85-87

"After 1839, Great Britain began to add an "equipment clause" to its treaties with other countries which worked like more recent criminal laws concerning burglar tools. The following equipment, if found on board in whole or in part, could be used to convict a suspected slave ship in a prize court, even if no slaves were on board: Grated rather than solid hatch covers, Extra partitions in the hold Spare lumber to build slave deck(s) Shackles and locks Surplus water Extra food stores and cooking facilities"

"In [the] 1840's slave ships took to arming themselves and attempted to fight off being boarded and captured. Crews were forced to sign articles that they would not be paid if they did not resist. In 1845, the Royal Navy captured a Brazilian ship, "Felicidade", which had no slaves onboard, but was equipped as a slaver. The ship was detained and a prize crew was put on board with orders to take her into Freetown, Sierra Leone, for trial at the local admiralty court." (1)

"The extraordinary case of the Brazilian vessel "Felicidade" is a remarkable example of the dangers encountered by such prize crews. On July 24, 1845, ten Brazilians from this slaver appeared in the dock at the Exeter Assizes, charged with wilful murder of a midshipman and nine seamen of H.M.S. "WASP". The "Felicidade" had been captured empty, but fully equipped for slaves, on her way to St. Paul de Loanda. Having put a prize crew of eighteen men on board her, the captain of the "Wasp" ordered Lieut. Stupart, who was in charge, to keep him company. Two days later another Brazilian brigantine was sighted and both ships gave chase. When the stranger was captured she was found to be called the "Echo," with 423 slaves on board. The poor sailing qualities of the "Wasp" left her behind in the chase, so that when the "Echo" was captured by the prize crew of the "Felicidade" Stupart had to transfer himself and seven seamen to the former vessel, leaving Midshipman Palmer and nine others on board the latter to cope with the twenty-one Brazilians forming the crew of the empty vessel. Before the "Wasp" could rejoin them, the two prizes parted company. Possibly the exertions of this double attack had exhausted the ten seamen now on board the "Felicidade," for three of them promptly fell asleep, including the sentry at the hatchway. Midshipman Palmer, having given himself the luxury of a bath, was standing talking with the quartermaster when, an hour later, ten of the Brazilians rushed the hatchway, killed the sleeping men with knives, and threw Palmer and all the other members of the prize crew overboard." (2)

"The mutineers thereupon re-hoisted Brazilian colours and stood in chase of the "Echo". She had already overtaken her once, so it did not take her long to catch her up again. Stupart was informed by speaking-trumpet that, if he did not surrender, the "Felicidade" would blow him out of the water. For some unknown reason the mutineers then thought better of their threat and sheered off. It was useless for the slower ship to give chase, and so the "Felicidade" escaped."(2)

"But not for long. Three days later the 6-gun brig "Star" (Comdr. R. J. W. Dunlop) met her quite by chance, knowing nothing of what had occurred. The "Felicidade" was detained and searched, and suspicious bloodstains were found on the deck. The Brazilians could give no satisfactory explanations for these, nor for the number of wounds upon their bodies. In the cabin a book was found with Lieut. Stupart's name in it. On the discovery of this the captain and one of his negro servants confessed what had happened, explaining that they themselves had nothing to do with the mutiny. Ten mutineers were therefore clapped in irons and taken home in the "Star" to be tried for murder." (2)

"After that, Royal Navy crews boarded suspected ships with the battle cry "Remember the Felicidade" and meted out severe and instant punishment to all who resisted in any way. They also took no further risk of endangering prize crews. The Royal Navy simply marooned the crew of any seized slaver on the nearest stretch of African coast where they were usually killed by the natives." (1)

Hope this explanatory material is of value. The news reports in the paper were confusing, and sometimes misleading, because they didn't have accurate information.

ASSIZES - MURDER [Please note: I did not eliminate testimony for the most part, [that which is edited is shown in brackets] but changed the sentence structure so it's easier to read. They used semi-colons in place of periods to a very great extent, and I inserted periods and paragraph breaks. jm]

THE MURDER AT PENZANCE

The most intense excitement prevailed today in Bodmin, on account of the trial of BENJAMIN ELLISON for the above murder. As early as four o'clock in the morning, scores of persons were assembled outside the County Hall; and as the hour fixed for the opening of the court approached, the pressure from the congregated throng was most fearful. A continued struggle was kept up between the crowd outside and the javelin men, who had the greatest difficulty in obtaining admission for the officials of the court, and others privileged to enter. About nine o'clock, as the trumpets were sounding the approach of the Learned Judge, an alarm was made that the gallery was giving way on one side, which was indeed sufficiently indicated by cracks in the plaster beneath it. Constables were immediately ordered to clear that side of the gallery of its crowd of occupants, and the consternation had just subsided when Mr. Justice Erle entered the court, and took his seat pm the bench.

The prisoner, Benjamin Ellison, was brought in shortly afterwards, and on entering the dock, bowed to the Judge. He walked with a firm step, and his appearance betokened extraordinary self-possession. His aged is 61, and its furrows were strongly marked on his countenance. He was attired in a single breasted blue frock coat, a much worn and faded dark waistcoat, and black trousers. He wore light cotton gloves, and at first kept his hands down before him, one over the other. His countenance, though not prepossessing, indicated nothing of ferocity, but rather a firmness of character; and throughout his trial he maintained a degree of calmness - almost of indifference - that surprised every one.

Mr. COCKBURN and Mr. ROWE were counsel for the prosecution; attorneys Messrs. JOHN and RODD. Counsel for the defence Mr. SLADE and Mr. MERIVALE; attorneys, Messrs. MILLETT and BORLASE.

The following persons were sworn on the jury: BENJAMIN BATE, SAMUEL BILLING, EDMUND FUCEY [or Facey], JOSEPH MARTIN, JOHN VOSPER, HENRY LAITY, EDWARD LYNE, JAMES HILL, THOMAS SPILLER, SAMUEL LAWRY, JOHN GRIGG, and WILLIAM SEARLE.

The clerk of arraigns then read the indictment, charging Benjamin Ellison with the wilful murder of ELISABETH RUTH SEAMAN, at Penzance; he was also charged with the same offence by the coroner's inquisition. The prisoner pleaded "not guilty".

Mr. COCKBURN stated the case in an admirably lucid and temperate speech. The learned counsel, in one part of his address, remarked on the attachment that had apparently existed between the deceased and Ellison, at which the prisoner became visibly affected. This was the only instance of emotion that we observed. At the conclusion of Mr. Cockburn's address, the prisoner complained of feeling faint, and was allowed by the Learned Judge to sit down. The following witnesses were then called for the prosecution: JANE HILL, daughter of MRS. MARY HILL, lives with her parents in Rosevean-Road, Penzance, on the outskirts of town; prisoner lived next door; knew Elizabeth Ruth Seaman, who lived with him. Last saw her alive about eight o'clock, on the occasion of laying the foundation stone of the new pier. She was wearing a second mourning dress, and a black cap. [They spoke about going to see the teetotalers. She did not want to go out that day. On Tuesday morning, saw her lying in her own house, a corpse, wearing the same clothes.]

MRS. MARY HILL - wife of THOMAS HILL; lives next door to prisoner; knew Mrs. Seaman; they kept no servant and lived much to themselves. Prisoner came in at the back door of our house; he knocked at my back door and said "Mrs. Hill, will you please to step into my house." As I crossed the courtlage to his house, he said he had slept out all night, and some person had got in and killed poor Mrs. Seaman. There were two windows, one up-stairs and one down, looking into the backyard; both were closed. I entered the house and walked into the front room, and saw there Mrs. Seaman. She was apparently to me like a person laid out; her clothes were down I think; I observed nothing else but her clothes; something black was laid over her face. There was blood all about the room and the wall. I asked Mr. Ellison how it was possibly done? I cannot say what answer he made clearly. I think he said the window was broken, and I saw the middle pane was broken. I did not go upstairs. I went out with Mr. Ellison, who told me he was going for the police, and he said "you call in the people, and I will give the care of my house to you till I return" I went out, my daughter and some people came. There were breakfast things on the table - cups and saucers, and sugar in a basin; there were ashes and cinders in the grate. I was in the room the Saturday before; there was then a carpet there, which on Tuesday was removed. I found it by the door, to the best of my knowledge, rolled up; don't remember whether blood was on it. I saw the prisoner on the Parade the evening before, about seven o'clock; there was a procession in the town that day, guns firing, and the greater part of the inhabitants there. Rosevean-road was at a distance from the procession, but myself and our family were there. The partition between the houses was not very thick, so that we could hear if there was any noise in the next house. JUDGE - Could you hear, as loud as I am speaking now, the sound of my voice? No Sir. You have heard sounds at times? I have, sir. Cross-examined: Mrs. Seeman lived four months next to me; they were living there when I came; they used to walk out together and appeared upon very good terms; we could hear if they went up and down over stairs in the next house; their bed-room was next to my son's, THOMAS HILL; during the four months I never heard any quarrel between the parties. When Ellison came to tell me of this occurrence, he was crying and in trouble. I saw a bit of glass on the table in the room which had come from the broken pane. Some people entered the house after the alarm in about two minutes; JANE COCK was the first. [Witness did not clean up any blood, although her daughter brought her a pail. Only picked up a rug and a cushion in the kitchen, to clear the walkway. Could not say the blood was in pools; she was frightened, and didn't notice the position of the arms. In answer to the judge - she [the victim] did not look as if she fell in that position, but that she was placed there.]

JANE COCK - I live in Rosevean-road, on Tuesday morning, the 8th, I was called by a neighbour, and went to the front door of Mrs. Seaman's house, about nine o'clock in the morning. I could get no entrance that way, and went to Mrs. Hill's house, through the yard. I met Mary Hill, and we went into Mrs. Seaman's house. We went into the room they lived in; the body was lying on the floor, and the face covered over with something black; there was blood in the room. I went out and made an alarm. [Cross-examined: Noticed a spot of blood in the yard, just outside the prisoner's back door. Saw a cushion, the second time I went there, nearly under the window, I think. Mrs. MUMFORD told me there was nothing the matter, but Mary Hill herself told me what had happened. We went inside; there was blood near the shoulders of the body; I noticed no blood on the walls. I saw a tub of clean water on the floor somewhere near the shoulders of the body.] By Mr. Cockburn - The spot of blood was not far from the threshold; it did not look like the mark of a foot, but might have dripped on opening the door; the cushion was under the window, not so far as two or three feet from the door. Mrs. HILL re-called - I could not say where the cushion was; I was so frightened I cannot say whether I did not remove it. By the Judge - I found the piece of carpet near the door of the room, where the body was lying. The carpet was rolled up like a handkerchief; when I saw the carpet on Monday, it covered the space of about two yards. If the carpet had been in the same place as on Saturday, the body of Mrs. Seaman would be lying on it. By Mr. SLADE - Catherine Mumford said nothing to me about a tub of water.

ELIZABETH RICHARDS, [who] was afflicted with deafness, was next examined: [Lived in Rosevean-road, and remember the day of the rejoicings; left her house about ten o'clock to see the procession, and on returning had occasion to pass Mrs. Seaman's. Heard "awful groaning", but went on to her own house. Stayed only a minute or two. On going out again, heard more awful groaning, that seemed to be weaker.] Cross-examined; As I passed I heard the groans continue till I came to my own door; there was not a sound of the rejoicing heard where I was; I was much surprised at hearing the groans, but I did not give a thought to any danger. I heard of the murder on Tuesday morning, about nine o'clock. After I heard of it, I was so much surprised that when called to go to the house I refused to go, being quite overset at the time. I said nothing about the groans to any one till I traced back and became sensible of it; I am certain the groans came from the direction of Ellison's house. I might have spoken of the groans sometime in the day; I was not before the magistrates or the cornoner. I spoke about the groans on Wednesday to WM. CARBIS, if I did not on Tuesday. He lives in the adjoining house to me. There was no other person here to whom I mentioned it. I was requested to come here by the nobility of the town; I was requested by Mr. GEORGE JOHN and others; I cannot say how long after the murder..

MR. MITCHELL THOMPSON examined: I am a surgeon residing in Penzance and practicing there; on Tuesday, the 8th of July, I was called to a house in Rosevean-road, to see the body of a dead woman. I got there at twenty-five minutes to ten; the body was in the front room. The head was toward the fireplace, the feet toward the door. The woman appeared about fifty; the body was lain on its back, the arms were straight; the clothes were straight. The body appeared to be laid in that position, not fallen. The body had lain there about twelve hours (from the rigidity of the body). I should say there was about a pound of blood about the room, or about a pint. There was some down by the clothes, still moist and coagulated; the serum was separated from the coagulum. If the temperature was low this might take place in an hour. [There was blood on the walls. ...It appeared she was struck, and fell against one wall, then fell against the opposite wall, before falling to the ground. Wounds were discussed; her face was bruised, and several contusions about the breast, and one hand was injured. However, two blows to the back of the head caused death; either was of sufficient force to cause death. Witness found an axe in a corner of the back room, which opens into the room where the body was; there were marks of blood on the handle, not bright deep blood, but as if stained by hands half-washed. There were no marks of blood on the iron. [On cross-examination, Mr. Slade asked if a party had died from a bursting of a blood- vessel about the time the skull was fractured, could the doctor tell from which cause death proceeded? The doctor said no one could tell in that instance.] Mr. Slade: Don't you know that people sometime recover after very extensive injuries of the head? Reply - I have never known a woman not to die after receiving such a blow, but it is not perhaps improbable she might recover. Mr. Slade: Whey did you not make an internal examination? Reply - I had no authority to make a post mortem examination; it was only an inspection. Mr. Slade: Did you ascertain by measurement of the wounds and the axe, whether the axe caused those wounds? Reply - I merely judged it by eye sight. Mr. Slade: Was there no hair on the axe? Reply - If the axe had not been washed, I should have expected to find only blood on it, not hair. Mr. Slade: Such a blow as you suggest must have stunned the person? Reply - Either of them would have rendered a person unconscious. Mr. Slade: Do you suppose a person in this state could groan? Reply - I think so.

[Testimony continued as to the blood evidence, and the length of time the body had remained there. The doctor was adamant it had been over twelve hours, due to the state or rigidity of the limbs. He did notice a hand was abraded. Felt quite sure the wounds came from the axe. The contusions on the breast were severe, and might have been made from a blow of the fist. The blow on the face was occasioned by a fist, and would have occasioned a flow of blood. The marks on the wall indicated the person was falling when the marks were made. jm]

JOHN MARTIN - [is a police officer at Penzance; went to Ellison's house on the 8th of July, between nine and ten.] I found there Dr. Thompson and several others; the body was on the ground. I only stayed a minute or two, and then went to acquaint the mayor with the news; I returned and remained there two or three hours, and saw blood about the walls. [testified about blood smears, and the state of the household, confirming what others had said.] There was no fire, but cinders and ashes in the grate; I found, some days afterwards, teeth in these cinders. When I went to inform the mayor, I saw the prisoner there at the mayor's; I mentioned what had taken place, and said the deceased had lived with a person named Ellison, when the prisoner said "my name is Ellison;" I said "you were the person that first entered the house to-day" and he said "yes;" I then said "you will be requested to attend the inquest;" Mr. Thomas was there also; and the prisoner went with him to the Temperance Hotel. I followed, and there the prisoner said, "there is stolen from the house a quantity of wearing apparel and a watch." I said, "when was the last time you were in the house and saw deceased?" and he replied "I left yesterday about twelve o'clock." I asked "how do you know it was twelve o'clock?" And he answered "because I heard the guns firing." (The guns were fired at the laying of the stone about twelve.) The prisoner went on to say to me "her property is about GBP36 a year, and GBP100 in funds; her property dies with her; she was about to be married well, and I said to her, will you take care of me? She was about to be married to a gentleman of great, indeed considerable, wealth, and my expectations were very great; I, with Capt. EDWARD THOMAS, was about to have worked a mine; I was to have gone to London to manage about the matter; she wished to have had it done here, but I did not like that, as it is a hut we live in." (The witness said he put this communication down on paper just after.) He then continued - I observed a scratch at the time [on the prisoner] from the left part of the nostril towards the mouth on the left hand side; it looked recent. The prisoner called at Thomas's while I went to the coroner's; I went back to the house with the coroner's jury, and examined the deceased's hands, which were clenched. I produce some more [hair] I took from the left hand, and some teeth; I found the teeth three or four days after in the grate. The inquest took place between twelve and one o'clock the same day; the prisoner was present and was examined as a witness. After the verdict was returned, he was in custody, and said to me "you are right as to the colour of the hair, but wrong as to the length." I had made a statement about the hair before the jury in his presence, saying it was the hair I found in her right hand; I said before the jury in his hearing, that the similarity in colour between the hair found and the prisoner's was very great. The prisoner remained in custody from that time. [Did not remember prisoner's dress; noted many small injuries to prisoner's hands, including bite marks, and knuckles that were bruised, etc, which looked much worse the next day. Prisoner wore gloves when before the coroner.] I produce some articles of wearing apparel delivered me by John Jasper; I also produce a watch, which I received from James Richards. Cross-examined: The prisoner went to the Mayor's before me, but had not seen him when I came in; I had known the prisoner by sight; I was not aware that he was a person of eccentric habits; he dressed much as he was now. When the prisoner made the remark about the hair, two other policemen were present. [Inquest was held at the Guildhall; Richards was examined at the coroner's inquest; he did not there produce the watch. He received the watch on Friday last; he [Richards] did not come forward and bring the watch. Witness was requested by Mr. John to go with him for a watch. Richards was at Mr. John's office. I do not know what made Richards go there. On the morning of the day, I was at Richards's house, but [heard] nothing about the watch, or the murder.] I have never stated I heard any arguments between Richards and his wife. When Richards gave me the watch, he said it had been given him by Mr. Ellison one or two days before the murder. I did not inquire why he had not given up the watch before; it was no business of mine.

MR. WARD, assistant surgeon to the county gaol [testified he examined the prisoner as he does all prisoners. Noted bruises on prisoner's hands, as well as bite marks on his third finger, left hand. The back of the right hand was exceedingly bruised, as noted by the constable.]

JOHN OULDS, a policeman at Penzance, said [I went to the house of the prisoner, about a quarter of ten; five or six persons were there; there were no marks of any one going up stairs. Found two tables in the room where the deceased lay; there were tea boxes and ..., and two or three knives perfectly clean. The cups and saucers appeared to have been used; the grate had the appearance of having a fire lit, which had gone out. I observed a window shut; there was a pane out, about six inches square. The sash was thirteen inches by twenty inches; it was three feet four inches from the door.] ....I saw no marks outside, inside, or on the table; the yard is paved with small pebbles; a person standing there would have to come along a narrow unpaved path. The streets and places were dirty and soft that morning through rain. The door that lead to the courtlage was fastened by a bar when closed. I believe I was the person that went upstairs; the bed was in the back room, large enough for two persons; there was a char.. under the pillow, a nightcap and handkerchief on the rail, and female stays on the bed; there was also in the front room up stairs, a neat portable desk locked, and a work box unlocked, containing silver spoons, a brooch, seals, chain, and bracelets, and other boxes contained wearing apparel and bed linen, which was undisturbed. I examined the premises, found no dirty linen or towels; there was a sugar basin on the table down stairs in the front room, and inside was a spot of blood as if from the mark of a hand. I found an axe down stairs, and a female's cap near the body; also about thirty feet off leading into the door, I found a shirt button; and about two feet from that a covered button belonging to a man's coat, and a mould of a button not covered. I found the shutter used for closing the front window, which is put up with both hands, was down against the left hand partition, with blood on it; there were spots of blood on the left hand partition, and also on the table cloth. [He continued testifying to the blood spots, which supported the testimony of the doctor, and noted many spots appeared to have been washed or dabbed with water.] There was a great deal of blood; I thought more than a pint, more like several quarts. I should think the party who committed the murder could not have walked up the stairs without leaving marks of blood; the hair with the blood was against the plaister; I cannot say whether it was a man's hair or not. By the Judge - The piece of carpeting and the cushion were under the window of the room; both had much blood about them; the blood was on both sides of the carpet, as if it had ran through.

HANNAH GLASSON - I lived with my father in the market place at Penzance at the time of the murder; on the Monday was sitting in my father's shop when the prisoner came and knocked; he seemed in a very heated state, and looked excited about the eyes; he asked for my father. I said he was at dinner; he said he wanted to see him, and I asked if I could carry any message to him, as he was just returned from the procession, and was much fatigued. He said he wanted to ask him if there was any meeting on the morning; I knew he meant a temperance meeting. I told him that I was not aware there were any meetings, and he went away. Cross-examined: I had seen the prisoner a good many times before, but had not noticed anything particular in his manner.

MOSES WOLFF examined - I live with my father, who keeps an inn at Penzance. On Monday, the 7th of July, the prisoner came to my father's between one and two o'clock; my mother drew a glass of cider for him; he appeared very warm and excited. In answer to my mother's enquiry, he said Mrs. Seaman was pretty well, but afterwards said she was not very well. I asked whether he had been following the procession, when he said "no, he had been about a little job or two." He was five or six minutes in our house. Cross-examined: I thought he appeared excited, which made me look at him; I did not notice his dress; I never noticed any thing peculiar in his manner. I always thought him a clever and sensible talking man.

MARTHA RICHARDS, examined by Mr. Rowe: I live with my son, JAMES RICHARDS, who is a mason, living in Rosevean-road, some few doors from the prisoner; on the Monday in question, I recollect the prisoner coming to our house to ask for my son; he was not at home, and the prisoner went away, but returned about five o'clock by the back door; my son not being then at home, he again went away. Next morning, the Tuesday, about nine o'clock, he came again to the front door, and knocked; I answered the door; he did not come in, or give me anything at the door; he asked me to go down to Mrs. Seaman, as she wanted to speak to me; he left, and about ten minutes after, EMILY HILL ran in. I know a man named CARBIS, and gave a key to him for OULDS, the policeman. A gentleman who came out of the back door after the alarm of murder gave me the key. Cross-examined; I am quite sure the key was given to me after the alarm was given, but I do not know who gave it. Mr. Ellison was a very nice man for all I ever saw of him; there was nothing odd about his manner; he did not say it was my daughter down at Mrs. Seaman's wanted to see me, at least I did not understand so; he might have said so.

JOHN EDWARDS - I am a coachmaker in Rosevean-road; I know Ellison, and saw him about half-past seven in the evening of Monday pass in the direction of his house.

HONORA BELLRINGER ROBINSON - I live with my grandfather in Rosevean- road, and know the prisoner by sight. On the Monday I saw him at my grandfather's gate; I was standing there about half-past eight, and he spoke to me as he passed; he said "how do you do my dear," and talked about some pinks in Mrs. Richard's window. He went down to his house to the door, but did not go in; when he just came to the door he went on again. He went through the gate to his door, and then turned back to the road, going towards Mr. BARWIS's.

SUSANNAH RICHARDS - I am the wife of Mr. James Richards, a mason in Rosevean-road. We reside about seventeen or eighteen houses off [from] the prisoner's house. I know the prisoner. On Monday evening, the 7th of July, after nine o'clock, he came to enquire for my husband. I said he was not home, when he said he wanted to speak to him, and hesitating a minute, asked if I would let him sit down. He went into the front room, and remained till between nine and ten. We were about to go to bed, and I told him my husband was not come home, and it was no use [his waiting]; he did not go, and I spoke to him the second time. He might have been in the house twenty minutes or half an hour. I washed for Mrs. Seaman, and sent the clean things on the Saturday before. On the Tuesday morning, I had received no dirty clothes to wash for them. Cross examined: They rented their house of us, and had given notice to quit; Mr. Ellison brought the notice paper a month before; (the notice was here read giving notice to leave the 8th of July) the time expired the Saturday before Mrs. Seaman's death; Mr. Ellison said they were going to take the house by the week, saw them a good deal, and they appeared on very affectionate terms; they lived retired from the world, and saw more of me and my husband than any one else. Mr. Ellison sometimes I thought had odd manners with him; they used generally to keep the front door locked; my husband had not the key as well as Mr. Ellison.

ELIZABETH BRAMBLE - I live at Causeway Head, in Penzance; on the Monday, about half past ten in the evening, I was standing at the door of Mr. GRILLS's eating- house at Causeway Head; I observed Mr. Ellison coming down the street; he had a bundle under his right arm, and passed the house where I was standing at the door; he then crossed the road, he went as far a MR. ALLEN's the spirit merchant's shop door, and looked over his shoulder; I was standing on one side of him, and he could see me; he moved the bundle from his right to his left arm and walked quicker; I then lost sight of him, as he turned the corner; I know a catchpit at the each under New-street slip; the place where I saw him pass was in the direction of the catchpit; which is a small distance off. Cross-examined: I should think it was half a mile distant; I could not say where he went after turning the corner, there are many ways to go; I know Mr. Ellison, but have only spoken to him once; I was standing in the light that night, and could not be mistaken about Mr. Ellison passing me, he was so close; I was not before the magistrates; I never mentioned that I saw Mr. Ellison until I had a dream about it; I mentioned it to MRS. PHILLIPS, with whom I am in service. RE-DIRECT: I dreamt that somebody came and said if I did not tell what I saw, I should suffer for it afterwards; I afterwards told Martin the policeman of it. I dreamt that twice on the Friday night. BY THE JUDGE - I had known Mr. Ellison for some months before, and had seen him five or six times in the day; I knew him as he was coming towards me that night; he was in my sight ten minutes. Judge - Do you state, young woman, on your oath, that it was Mr. Ellison who passed you that night? Reply - Yes, my Lord.

EDWARD THOMAS - I live at the Temperance Hotel, at Penzance, and have known Ellison about a year and ten months. I knew Mrs. Seaman also, and had been at their house about four times. The prisoner frequently came to my house to read the papers. On the night of Monday the 7th, he came to my house about eleven; he asked if he could have some tea, and had it; he asked also if he could have a bed; I told him "Yes," when he said he thought it late to go home, meaning that as his reason for asking for a bed. He had no bundle except it was concealed. WILLIAM EDDY lodged in my house. ELIZABETH BRAMBLE re-called by the Judge. It was a good-sized bundle I saw under his arm; it was larger round than if it tied up a hat. EDWARD THOMAS's examination continued. Ellison did not say what he wanted Eddy for; he went from the smoking to the dining room for Mr. Eddy, who returned with him to the smoking room; I observed two little marks on his lips, which appeared to be recently done; he had his bed, and next morning something turned of nine o'clock, he came into the serving room in a very agitated state, and said he wanted to speak to me; by my desire, he went into another room, and I followed him. When I entered he was sitting near the door with his elbows on his knees and his face on his hands, he exclaimed "I am ruined. I am ruined, and that for ever;" I was alarmed and after a little pause he said, some person that night had broken into the house and murdered Mrs. Seaman; I asked him "whether he saw blood?" and he said yes; I asked what wounds had been inflicted, and he said he did not know. He said there was a pane of glass broken, and mentioned something about the door which I don't remember. He asked me to go with him by Mr. CARNE, a magistrate; I said I would, and we went. Mr. CARNE recommended him to go to the mayor, and he wished me to go with him, which I did. He returned to my house and had some refreshment, after which I went into the room and sat by him, when something was said about the people coming about the door, and I told him it was the opinion of the public that he was the murderer. He said that would be against his own interest, as he had expectations from Mrs. Seaman if she had lived, and added, "and that you know." I suppose about two months prior to this Mr. Ellison and Mrs. Seaman came to my house. They wished for me to go up stairs, and by their request I took I think tea with them, and in the room Mrs. Seaman said she was going to entrust me with a secret. The prisoner was then present. She said she was thinking to get married to some person of considerable property, and if so she thought she should do something for Mr. Ellison." It was to this I think Ellison alluded on the Tuesday. On the road going from Mr. Carne's to Mr. Pidwell's, Ellison stated to me that her income fell off on her death. Before we started to go there, he said Mrs. Seaman was putting her things together to leave, that he offered yesterday to assist her, when she answered that she would rather have him out of the way than there. Ellison had never slept at my house before. Cross-examined - I think he said that Mrs. Seaman told him if he did not come home at ten o'clock he should not come in at all. I do not recollect the hour certainly, that he told me; they were always very affectionate when I saw them. I have always been obliged to wait at the front door when I went there as if it was bolted. I never saw anything very particular about him; he would be frequently moving his lips, but I never observed him twisting his hands. I have been a good deal with him; he appeared a man of mild disposition from his conduct. By the Judge - They appeared to me to be mutually attached to each other. They professed to be cousins, and I was not aware till recently that he was more than a guardian to her. The prisoner has been wishing me to come forward in working a mine, the original name of which was Wheal Adelaide. He was to be the purser and I was to be the captain. It was said to me that Mrs. Seaman's marriage funds would be forthcoming for the mine.

WILLIAM EDDY - I have known the prisoner about eighteen or twenty months, and also knew the deceased. I saw the prisoner at the Temperance Hotel, on Monday night, the 7th, about eleven o'clock. He came into the room where I was, without his hat, and said he had something to say to me. He was changing his hands one over the other. We went into the smoking room, when he asked me to have a cup of coffee, which I refused. We sat in silence about a minute, and then I asked him how Mrs. Seaman was, as I had not seen her a long time. When speaking low, he said, not very well. He was folding his hands, and appeared in an agitated state. As he called me out, I asked him if he had anything particular to say? He did not answer directly, but kept looking down. I asked him again, as I wanted to go to bed, when he turned it off by asking how I liked Liverpool. I had been there about a week before. I rose up to leave the room, when he asked why I was in such haste, and I sat down again; he seemed very much excited, but said nothing. As I was going to bed he told me he was going to sleep there that night, and we went up the stairs together. Cross-examined: - Her knew I had been at Liverpool; I cannot recollect that we had any conversation that night about Covent Garden market; there was something said about Birkenhead; I send potatoes to the London market, but do not recollect saying anything about it to him.

Susannah Richards re-called by the Judge: When I spoke of Ellison and Mrs. Seaman being affectionate, I did not know they were man and wife; I thought he was only her protector.

HENRY THOMAS, son of Edward Thomas. I live with my father at the Temperance Hotel. On Tuesday morning the 8th of July, prisoner came to me in the kitchen at half- past six with his boots on, which he asked me to clean for him. I asked him to take them off; he said it did not signify, I might clean them on his feet. The boots were wet; and there was a little dirt on one of the toes. WILLIAM MATHEWS, hair-dresser, in Chapel-street. On the morning of Tuesday the 8th, about ten minutes past seven, prisoner came and asked to be shaved. The shop not being open, I put him in another room. He then said he would have his hair cut. I proceeded to cut his hair. He told me to take off about a quarter of an inch. On looking at the hair, I was struck with the improper manner in which it had been cut. It was cut as by persons cutting their own hair; ragged all over the head. When I was cutting his hair, he said he had been lately accustomed to have about a quarter of an inch taken off, because he could dress it better. I should imagine his hair had been recently cut, but I could not swear to it. He wished to have his whiskers cut close. I cut them tolerably close. I cut his hair, taking off more than he requested, to put it in order. I found some grey hair in the whiskers. When I finished his hair, I shaved him, and then observed some scratches on his face. It is my decided opinion that the brown hair now produced is like that of Ellison's when I cut it, in colour and texture. His hair at the present time is darker than it was when I cut it, because something has since been put in it. The single grey hair now produced is like the hair of a whisker. This hair appears to be a longer hair than any in his whiskers at the time I cut them; but it is like it in colour and texture. John Martin recalled, produced some hair which had come from the head of deceased; and the witness Mathews said there was very little difference in colour between it and that from prisoner's. There appeared to be a little difference in quality. There were roots in the hair which was found in the hand of deceased. JAMES RICHARDS, mason, living in Rosevean-road. I know Ellison, I have lived these last four months about 150 yards from him. On Monday, the 7th of July, he came to my house about half-past one. He asked me if I had been down to town; I told him yes, I had been down in town all the forenoon, and that it was the grandest sight I ever saw in the town. Ellison said yes, he thought it was. He then asked me if I was going out in the afternoon. I said I was going out after dinner. He said he should be glad to have some company, as Mrs. Seaman was packing up next morning. I was working at Batten's cellars at the Quay. I got home to breakfast about a quarter past eight. Just as I had poured out a cup of tea, Ellison came in and said "I did not see you yesterday afternoon." I said, "No, I fell in with GEORGE STEPHENS, and we went to have a drop of beer." Then he said he had been down in town, and strolled away his time listening to the music, and stayed out till after the time he was told to be home; Mrs. Seaman had told him to be home at ten o'clock; and if he was not home then he was not to come home at all for the night. He then said he went to Capt. Thomas's, the Temperance Hotel. He said his own bed was packed up ready for starting. He asked me if I was going down to the Quay, or to the house below - a house of mine not finished. I told him I was going to the Quay. He said whether he should have a noise with Mrs. Seaman for staying out he could not tell. Then he left me. I went again to the Quay to work, and stayed there [until] about half-past eight. About one hour and a half after that, I heard of the murder. Prisoner rented a house from me. I had notice of him to lease. I delivered a silver watch to Martin the policeman on Friday last. Mr. Ellison gave me that watch, two or three days before this thing happened. He asked me to take care of his watch. I was standing at my door, and Ellison came up to me in a hurry, and said, either "take care of this watch" or "I'll give it to you"; I can't tell which exactly. I had never seen the watch before that I know of. Cross-examined; I saw Ellison again on Saturday. No conversation took place about the watch. He had above three months before, lent me money, GBP 50. I put my mark on a paper which Ellison brought me. I think I came before the mayor on Tuesday, the 8th of July, after Ellison had said the watch had been stolen. I understand that it was a gold watch that was lost. I gave up the silver watch because Mr. John asked me if I had a watch; I told him yes. I had mentioned my having the watch to my own family. After I told the Mayor about the watch, he said I had some clothes, and if I did not produce them, he would [commit?] me. I never had any clothes. Ellison offered to lend me the GBP 50. I was to pay six per cent interest.

JOHN JASPER - I live in Market-Jew street. I am a shoemaker and coal-carrier; and occasionally I look about if I can find anything. On the morning of Tuesday, the 8th of July, I was at the top of the New-street slips. There is a cess pit under. I looked over and saw some clothes. The dung pit is an enclosure, enclosed by stones. There is a stream runs down into it from new-street. I saw some clothes lying all abroad; I went over and took them; a coat in a torn state, a waistcoat, a shirt, a pair of flannel drawers, and pieces of stockings. The drawers were rent. The woolen and the white clothes were spotted with blood; one sleeve of the coat was torn from top to bottom. I took the things home, and washed the woolen and the whites. There were trousers also which were torn; there was blood on the right knee. I washed the coat, trousers, and waistcoat. There was a place of the woolen drawers not washed; there was blood upon that. My old woman put the things out on a line, and I went to work. I gave up the clothes afterwards to the policeman Martin. When I had the coat, I observed that some of the buttons were off. I can't say how many. JOHN MARTIN re-called, produced the clothes; the coat being in pieces. JOHN JASPER's examination continued: I had previously known Mr. Ellidson, and had seen him occasionally in the morning with an old coat, which had a mark of paint on the skirt. - (The witness here looked at the pieces of coat and trowsers produced, and said they were the same colour as those he had found. A piece of the drawers produced was also identified by the witness. The part from which it hung by a thread was the knee. This piece of the drawers had not been washed.) Cross-examined: I did not at the coroner's inquest say any thing about the clothes. I never produced the clothes until last Thursday, after I had heard about a reward of GBP5 offered for them. Re-examined: I went up before the coroner to hear what was going on. I was not summoned as a witness. The court was adjourned to meet again on Friday. They did not meet. I did not go before the mayor and magistrates; I asked about it, but somebody said it was not a magistrate's business.

THOMASINE JASPER, wife of last witness - I remember my husband bringing me home a bundle of clothes. Some of them were put into a pan of water; after that, my husband washed the shirt, and I put it out to dry. It was then all in pieces; I cut the wrists off, and ripped out the side pieces. I did not meddle with the front of the shirt. In the evening, my husband had all the things tied up in a bundle. By the Judge - My husband brought home these things on the Tuesday morning after the stones were laid, between six and seven o'clock. In the evening I heard that the coat was inquired about, and I took them up and wrapped them up together in a bundle, because I thought whether they might have been the things. I kept them, because the gentleman (meaning the prisoner) was to be brought up on the Friday, and my husband would then have taken them up. I kept them in a bundle till last Thursday.

WILLIAM HERVEY[Harvey] tailor of Bodmin, having fitted together the pieces of the coat found by Jasper, said: I find that these pieces are the corresponding parts of the coat. This single covered button produced by Oulds, corresponds with the colour of the coat under the collar, where turned down, and where the cloth has not faded. There is a button wanting on that part. The button also corresponds with one of those now on the coat. There were upon the coat, buttons not of the same size. The detached button found corresponds with two out of three in size, and with all in colour. The mould now produced by the policeman, I should say came from the button covering remaining without a mould on the coat. The mould of the loose button is in my judgment the same size as the loose mould. The shirt button, produced by Martin, corresponds in size with the two remaining on the shirt; but it is not of the same thickness. Buttons are frequently renewed on shirts. (Pieces of a pair of flannel drawers were now placed together by the witness Harvey. Martin produced another pair, complete, which he had received from Mr. Millett, the attorney. The colour of the two was stated by witness to be the same. But the complete pair was smaller at the knee than the pair found by Jasper.) I find spots of what I should say is paint, on the skirts of the coat. JOHN MARTIN produced a shirt which had been handed him by Mr. Millett. The shirt was handed to the witness Harvey, who stated that the wrist-band corresponded in circumference exactly with that of the shirt found by Jasper. Cross-examined: The material of the wrist-band found by Jasper, and that of the wrist-band of the other shirt, are precisely the same.

JOHN KEEGON, grocer, living in Adelaide-street. I know Ellison. He was in my shop two hours on the Saturday before the procession. He was there also a few days before that. He just stepped in to tie the strings of his drawers. On that occasion I observed the front of his drawers pulled up. They were flannel drawers, with a patch on each knee, I believe. The patch on the pieces now produced, exactly corresponds with it. He wore dark grey worsted stockings, like the pieces now produced. He had on black trousers and waistcoat.

HODGSON PASCOE, jeweler, at Penzance. I knew that Ellison wore artificial teeth; I repaired them for him twice. The teeth now produced are the same that I repaired for Ellison.
ELIZABETH RICHARDS re-called: stated that on the Saturday before the laying the stone of the pier, she saw Ellison drawing water at the well. He had on a coat very similar in color to the piece now produced.

NICHOLAS TRENWITH, shoemaker, living next door to Ellison. I have lived there about eight months. The partition between our houses is a wall, but the s.....ch and flues are back against back. If there was any loud talking or disputing we could hear. It would not be possible for any sound of importance not to be heard. I heard no sound whatsoever on the Monday and Tuesday in question. Ellison and Mrs. Seaman lived very retired. Their front door was always locked; and the back was barred. Their letters and milk were handed over the court wall at the back. My house was shut up on the Monday from eight or nine in the morning till half past one, when the little girl went home. On one occasion, about four months since, I heard Mrs. Seaman scream "murder". About a fortnight before the murder, I hard an altercation going on between them, and she said "All I want is some decent clothes to go out in on Sundays." I have seen Ellison wearing a coat of this colour and description when at home. When he went out, he always dressed particularly clean. The coat he wore about the house was an old coat. I had conversation with him on the Saturday previous to the murder. I had never conversed with him before. Something passed about the festivities. He did not tell me he was going to them. Cross-examined: I am a married man. I don't live with my wife. I don't live with another man's wife. I did keep a house-keeper named THOMASINE ELLIS. I and she were not charged with coining. She was convicted of uttering base coin. There was no charge against me. I was present at the trial. I did not hear the Deputy-Coroner say that she was a tool in my hands. She had two children. I supported one of them; the other is dead. The recorder said she was a tool in some body's hand. I said before the coroner that Ellison wore a sort of grey Taglioni coat. I have seen Ellison repeatedly with a coat of that description and colour on him (pointing to the pieces put together by the witness Harvey.)

RICHARD MILLETT, attorney for the defence. I went to the premises to have the place searched. I took a key which I received from the prisoner. I saw these papers taken from a box of which he furnished the key. (Some papers were here produced.) I was present when a pair of drawers and a shirt were found. These papers were in a box in which were papers solely belonging to the deceased.

JOHN JASPER re-called. There are marks of paint in this coat now produced like those I saw on him. Cross-examined: I saw this coat twice on him. I never observed this paint but once.

JOHN OULDS re-called: I searched every part of the house. I found no coat of exactly the same colour and materials as that produced. I found one something like it in colour; but there were many shades difference. It was not the same colour as that now produced, and it was longer. The one I found on the premises, I believe, had never been repaired. That coat I left on the premises in charge of Mr. Millett.

The hair which had been produced was now handed to the jury; as was the single shirt button and the other articles which had been produced for the purpose of identification.

John Martin re-called. I saw Ellison on the Tuesday morning. His linen was then clean.

JACOB CORIN, hatter. Some five or six weeks before the murder took place, Ellison bought a hat of me, which by his request I took to his house, and found him home. I observed him with a coat exactly like this in colour, but rather short. I thought it was a very shabby coat for such a gentleman.

This concluded the examination of witnesses. Some documentary evidence was then put in. the first was the will of Elizabeth Ruth Seaman, dated 1st of March 1844, by which she bequeathed the whole of her property to "her dear friend, Benjamin Ellison" in case he survived her; and in the event of him not surviving, then to his son GEORGE ELLISON, of Birkenshaw, in the parish of Briscoe, near Leeds. There was a will of Benjamin Ellison, executed the same day as Mrs. Seaman's, by which he gave to his very dear friend, Elizabeth Ruth Seaman, "all his property in case she survived him." Then came a deed executed the 5th of March, 1844, somewhat in the nature of a marriage settlement, by which he assigned to Mrs. Seaman, in case she survived him, fifty shares in the Bradford Bank, on which GBP1500 had been paid.

Mr. SLADE then rose to address the jury for the prisoner. After entreating them to consider the case dispassionately, he proceeded to remark on the absence of any conceivable or attributable motive on the part of the prisoner to commit the murder of Mrs. Seaman; for several witnesses had borne evidence to their mutual attachment, which was also testified by the wills produced in court, in which they had made over their property to each other. He contended that many facts adduced against the prisoner might also, when viewed concurrently with other testimony, tend to prove his innocence; while other facts brought forward were of too trivial a character to be taken into account either for or against him. He next commented on the testimony of different witnesses, speaking in terms of deprecation of the conduct of Jasper, who statements he trusted they would view with great suspicion. He also threw discredit on the evidence of Trenwith and others, and commented severally on the statement of James Richards. The evidence against the prisoner he considered to be deficient, and upon circumstantial evidence they ought not to convict, unless they were satisfied that every link in the chain was consistent with one conclusion, that of the guilt of the prisoner. But there was another point of view in which they should regard the case. The law was merciful, and said that where one party deprived another of life, if under the influence of passion, and excited by a series of blows passing between the two parties, it was not a crime of the same magnitude as a cold-blooded, deliberate murder; in that the [crime] was reduced to manslaughter. He then proceeded to argue that the bruises found on the hands of Ellison, and the bruises inflicted on the body of the deceased, not by an axe, but by the fist according to the evidence of the surgeon, sufficiently showed that there had been a quarrel and struggle between the parties before the mortal blows were struck. He concluded by entreating the jury to consider the awful responsibility resting upon them, in deciding whether this man should be led to the scaffold, or, on the other hand, whether he committed the act in a moment of phrenzied excitement, caught by the treatment he received from another person. The Learned Counsel occupied about one hour in the delivery of his address.

The Learned Judge was about two hours in [summing[ up the evidence. He clearly and forcibly pointed out the various circumstances that appeared to convict the prisoner of willful murder, and at the same time addressed what evidence there was tending to show that the crime was unpremeditated. He remarked that to ordinary minds there certainly appeared a very inadequate [...] for murder on the part of Ellison; but in investigating these matters, the motive was often that which eluded man's enquiries.

The jury retired to consider their verdict shortly after ten o'clock, and after deliberating about ten minutes, returned a verdict of "Guilty of Murder" against the prisoner.

The Prisoner then said - "I cannot do my duty to myself, my Lord, without I beg permission to speak; would your Lordship allow me to speak?" The Learned Judge nodded assent.

The Clerk of Arraigns then said - "Benjamin Ellison, you have been indicted for the willful murder of Elizabeth Ruth Seaman, and on your arraignment you pleaded not guilty to the charge. Your countrymen have found you guilty; have you anything to say why the court should not award upon you to die, according to the law?"

The Prisoner - Yes indeed I have, very much; because I am sure it would be demonstrated, if gone into more minutely, that part of the evidence which seems most material is palpably false. From beginning to end, there is not a single syllable of truth in that which BRAMBLE has stated. As it respects the coat identified by a man called JASPER, I should conceive that no one would believe I could ever be seen out in the heart of the town in rags like that, and I can state that that is totally and palpably false. I cannot conceive how any person could possibly believe the evidence of KEEGON, because he only saw no more than a single hand-breadth of the stockings in his house; that was but one stocking, while he states he tied up two, showing him inclinable to exaggerate. Some other things I have noted in my memoranda. There is the evidence given by the doctor; he deposes to the body having been dead twelve hours. But it has been clearly shown throughout the whole trial that I was absent from the house twenty- four hours or thereabouts, making the great discrepancy between the time of the death of the woman, and the evidence of the doctor, twelve hours. Then again, my Lord, as to Elizabeth RICHARDS, that woman says she heard groans; but if your Lordship will turn to the evidence given by her, and compare the time deposed to by her as respects the firing of the guns, your Lordship will find a material discrepancy again. She states about (I forget the time she said now, ten or eleven o'clock to the best of my recollection) she says they ceased firing; but it appears they did not commence till after twelve, and continued for some time, how long I cannot say. But the old woman is entirely wrong, I think I can show on the face of her evidence, as to the time of firing the guns. Another observation I would make respecting the evidence of a man called TRENWITH, who lives next door. He says he has often seen me in the courtlage in a grey coat. I had a grey coat, and that coat the policeman says is left at Penzance; but whatever coat I wore in the courtlage, Trenwith never saw it, because the fence between our houses was higher than our heads. He said he never saw me in the front side of the house in a coat like that but once. I would contradict the evidence of Jasper; I never went into the town in rags. The other grey coat is left in Penzance. Another remark I would make is this, - from the time I first met with Mrs. Seaman, we had lived in most perfect harmony and sociability, friendship and affection to the last moment of her life. These are the remarks I should have made in my own defence, and if by any possibility your Lordship can in mercy do anything for me - having made these remarks - I should be highly obliged. But I ask nothing for myself but right and justice. Those witnesses that I have mentioned are false, but several other witnesses are also totally false from beginning to end. One man who says he saw me go towards Mrs. Seaman's house at ten o'clock is in total error. A little girl about ten years of age is in error; I had the conversation with her on the day previous. Some other witnesses are totally mistaken. As to Bramble, who says she saw me carry the clothing, there is not a single word of truth in it - to carry that clothing into the heart of the market at that moment, half-past ten o'clock, when the Guildhall in the market-place was illuminated! I submit, my Lord, that myself, or any one else likely to have committed the murder, would not have taken boldly the clothing into the heart of the illumination.

Throughout the whole of this address the prisoner scarcely faltered; and in the course of it referred with the utmost coolness to the memoranda he had made while the witnesses were under examination.

Mr. Justice ERLE then put on the black cap, and passed the awful sentence of death with great solemnity thus: - "Benjamin Ellison, you stand convicted by the verdict of a very considerate jury, of the awful crime of murder, upon evidence that leaves no doubt in my mind of the propriety of that verdict. An extraordinary train of circumstances, all pointing to you as the individual that perpetrated this crime, was afforded us; and it is remarkable in this case, as in many cases of murder, that the very artifices by which you hoped to have eluded suspicion, have turned to be the strongest evidence against you. You have been convicted of the crime of murder, one of the worst of which man can be guilty, and in your case it was accompanied with remarkable aggravation. The person that was your victim was a woman who had trusted herself to you, and had a right to expect from you support and protection, and kindness, for she shewed that feeling towards you. And yet, in my judgment, it is established that you deliberately caused her violent and sudden death, without a moment's notice, and perpetrated that horrid crime of murder in a manner both violent and cruel. The punishment for your offence, by our law, is death; and it is my bounden duty to tell you, that on earth no hope remains for you. Your days are numbered, and very few; and I implore you to use the time, in earnest and solemn endeavour to obtain forgiveness from your Creator, against whose Laws you have also grievously offended. It remains for me only to pronounce the awful sentence of the law, which is that for the murder for which you stand convicted, you be taken from hence to the place whence you came, and from thence to the place of execution, subject the usual time you be there hanged by the neck until you be dead, and your body be afterwards buried within the precincts of the gaol wherein you were last confined, and may God have mercy upon your soul!"

The prisoner looked solemn, but was firm, while sentence was being passed upon him. Shortly afterwards he conversed with those near him with all his former indifference, and walked out of the dock unsupported. We understand that his son and brother-in-law were in the court throughout the day.

We learn, from good authority, that previous to the trial, Ellison had admitted in a letter which he wrote to a person in Penzance, that he was the murderer of Mrs. Seaman. For the satisfaction of the public, we trust this fact will soon be more explicitly stated. (This case closed the business of the Assizes.)

Mr. Justice ERLE arrived at Bodmin from Exeter on Saturday night last, about nine o'clock, and shortly afterwards proceeded to the County-hall, where he opened the judicial commission with the usual formalities. Mr. BARON PLATT, being detained at Exeter on the trial of the pirates for murder, did not arrive till Sunday evening. [The FELICIDADE case] The calendar contained the names of twenty prisoners, several of whom were indicted for very serious offences. There were but five causes for trial at nisi prius.

CROWN COURT trial of prisoners

ROBERT TREWIN, 18, pleaded Guilty of stealing one three-penny loaf, the property of WILLIAM HART, at St. Austell. One Fortnight's Hard Labour.
JOSEPH DOTSON, 25, a young man of considerable respectability of appearance, and of good education, pleaded Guilty of stealing a scarf, the property of WM. TREGANOWAN, at Feock. The learned Judge, in passing sentence, said the felony was committed without any immediate pressure of want, and the circumstances appeared to show that the prisoner was in the habit of stealing, obtaining the confidence of persons by representing himself as a government surveyor, which assumed character his appearance would bear out. He was severely admonished by the Learned Judge, and sentenced to Six Months' hard labour.

CHARLES SEMMONS, 22, was charged with stealing a shovel, the property of Edward Kingston STEVENS, of Rosecadghill, in Madron. The prisoner at first pleaded Guilty, but he qualified this plea by stating that he did not mean to keep the shovel more than a day. The learned Judge carefully explained to the prisoner the nature and effect of his plea, and the distinction between taking and stealing; and the prisoner, after some time, was induced to change his plea. The case then went to trial, and the prisoner was found Guilty. Three months' hard labour.

JOHN HOLMAN, 49, pleaded Guilty of stealing about three pints of milk, which he milked in the night from a cow, the property of ELIZABETH COLLETT, of Philleigh. Four months' hard labour.

JENIFER RICHARDS, 40, was charged with stealing a goose, the property of EDWARD WILLIAMS, of Perranuthnoe. The prosecutor missed two geese from his flock of ten after they had been out feeding on a common. Shortly afterwards, Mr. TOLL, an innkeeper of Marazion, bought a goose from the prisoner, which goose was identified by prosecutor as his property. It appeared on the cross-examination of the witness Toll, that the prisoner offered the goose for sale with others, in an open basket, and asked a fair price for it. She was taking geese from door to door in Marazion for sale. The prisoner, in defence, said the goose, with five goslings, were given to her by her brother-in-law, who had gone to America. She, not being able to get meat for them, offered them for sale openly, and at a fair price. The Judge summed up favorably to the prisoner, considering her own statement, though uncorroborated by evidence, to be consistent with the testimony offered by the witness Toll. Her not having evidence in support of her own statement, she accounted for by the impossibility of her procuring witnesses at so great a distance, and in the circumstances under which she was committed. Not Guilty.

THOMAS WHITEHURST, 17, was charged with stealing a china tea set, and six dishes, the property of JOSEPH BUXTON, of Bodmin. The prisoner, being in the employ of prosecutor, came to him on the 12th of May, and said he knew where to dispose of a set of china and six dishes. The prosecutor let him have the articles, and told him to come back the same evening, and he would wait up for him. The prisoner never returned. He was apprehended on the 4th of July, and then said to the constable he knew it was only embezzlement, and that he should have three months' imprisonment. Guilty. Six months' hard labour.

CHARGE OF MANSLAUGHTER

THOS. WHITFORD, aged 11 years, was indicted for killing and slaying JOHN ALFRED GREET, on the 5th of May, at Veryan, by throwing a stone at him, and giving him a mortal wound on the forehead, of which he died on the 24th of June. The prisoner was also charged on the Coroner's Inquisition. Mr. MERIVALE conducted the prosecution.

CHARLES BEARD, a boy not quite eight years old, was examined. He said he remembered himself and "Tommy Whitford" being near Mr. Greet's door, and Tommy Whitford told him to go in and tell "Johnny Greet" to come out. Tommy Whitford then asked Johnny Greet if he would go and pick green-sauce with him; Johnny Greet said he would not; and then Tommy Whitford threw a big stone and hit him on the forehead.

CATHERINE BEHENNA, a neighbour of Mr. Greet's, said the occurrence happened on the 5th of May. She heard a noise outside her house, and when she went out, the little boy, Greet, was crying loud, and his head was bleeding much. She called ELIZABETH DOWRICK to her assistance, and they bound up his head. The little boy, Greet, was in very good health up to that time. He was confined to his bed afterwards, and complained very much of his head.

ELIZABETH DOWRICK confirmed the last evidence.

WILLIAM PASCOE saw the prisoner, on the 5th of May, shortly after he had struck little Greet with the stone, and asked him how he came to do it. Whitford said, "the young b___r," or "the young devil called me 'leeking-down,' and that's why I heaved the stone at him." (No one in court seemed to understand the meaning of the term which gave such offence among these little playmates.)

NICHOLAS GREET, father of the deceased, was not at home when the accident happened, but on his return in the evening, found his son's head bound up. The next morning the bandage was unbound, and they found on the forehead a cut, as if done with a sharp stone, about half an inch deep. They applied diachylon till the wound was healed. The little boy was continually complaining of violent head-ache, and after the first week could keep nothing on his stomach. About three weeks after the accident, MR. PRYNN was called in. The boy got worse and worse, till he died on the 24th of June, delirious. The boy had previously been in good health, and for two years had had no medical aid whatever.

EDWARD ORYNN, surgeon and apothecary at Veryan, first saw the deceased on the 31st of May, and found him then feverish, but the mother said nothing about his having received a wound. She merely requested him to send a little simple medicine for the child, and he did so. On the 3rd of June, witness found the feverish symptoms greatly increased. The mother then told him of the blow, but did not state in what manner it had been received. Witness then examined the child, and found symptoms of effusion of water on the brain. Concussion of the brain would be likely to produce these symptoms; or there might have been a predisposition to disease of the brain. These symptoms went on increasing till he died. After death, witness examined the boy's head, and found there had been a contused wound on the forehead, which had penetrated the scalp, and grazed the skull. The inner lining of the skull was in a very inflamed state, and there was an effusion of water and matter. These appearances must have been produced by concussion; or there might have been pre-existing disease. If there had been pre-existing disease, concussion would have increased it. [] This witness was closely cross- examined by the Learned Judge, the prisoner being undefended. The witness continued his evidence to the effect that the dura mater bore evidence of there having been great inflammatory action during life, and a flow of water and blood on the brain, which was likely to have been produced by concussion of the brain, and this concussion was likely to have been caused by the contused wound on the forehead. Those internal appearances might have been caused by a blow from a stone, but, at the same time, there might have been a pre-existing disease, although the child appeared healthy. Witness thought it very probable that if the child had received proper medical treatment after the accident happened, death would not have ensued. The Learned Judge carefully summed up the evidence. The jury, after consulting together for some time, returned their verdict as follows: "Guilty of throwing a stone, but death was the consequence of the neglect of the parents in not calling in medical assistance." The Learned Judge explained why this verdict could not be received; and the jury, after a long re-consideration of the case, returned a verdict of Not Guilty.

THE ASSAULT ON A GAME-KEEPER'S ASSISTANT, AT TEHIDY - JOHN PASCOE, 21, was indicted for cutting and wounding JOHN COCK, with intent to disable him, and in a second count, with intent to do him some grievous bodily harm. Mr. GREENWOOD and Mr. ROGERS conducted the prosecution; Mr. SLADE, the defence.

JOHN COCK stated that he worked for Lady Basset at Tehidy, and on Saturday, 12th of June, he went with ROBERT PURT, the game-keeper, and a man called EDWARD EDWARDS to the Dry Bridge, and thence to Dry Ground. About three o'clock, they heard a gun fired in the direction of Stray Park. They waited another half an hour, and heard a second report of a gun in the same direction. There was then light enough to shoot anything. They agreed to part, Purt remaining at that location, while witness and Edwards went to Coombe, to take the person firing. They walked down a hedge, one on each side, when Cock saw a man [jump from the top of the hedge] and followed him. Witness then saw two men coming toward him, with the keeper behind them. As soon as witness and Edwards saw the two men, they agreed to divide, and come down upon them to prevent their escape. The two men also divided. Pascoe, the prisoner, ran toward witness, pointing the muzzle of his gun toward him till he came close. Witness cried out to him, not to shoot; prisoner then changed position, and struck witness in the head with the gun-barrel. Pascoe passed him, but witness caught him in about 20 yards. Pascoe began repeating his blows as fast as possible until in the struggle he lost his gun. The blows caused blood to flow profusely from witness's head, and cut him to the bone. Had not seen either of the two men before that occasion. Edwards came to his assistance, and they held on to Pascoe, who cried out "Why don't you let me go?" Witness said since he had been so cruel, and inflicted so many wounds on him, he would not let go. Pascoe then called to his companion, Treglown "Come on! We are better men than they." Treglown then said, "If you don't loose that man, I'll shoot you." He then fired, and the charge passed close between witness and Edwards. Immediately on this, the keeper fired. Before this assault, witness had never used any offensive or insulting language to Pascoe, but only begged him to stand.

EDWARD EDWARDS confirmed the testimony of last witness, adding that when they met Treglown, he came toward the witness with his gun pointing at him, and when witness did not retreat, aimed a blow at him with his gun, and then a second blow which broke the gun across witness's breast. Treglown then ran off. Pascoe begged Treglown not to leave. Treglown then returned. By that time, the keeper had come up, and he and Treglown scuffled. Treglown then took up Pascoe's gun, and said "leave go the man." Cock said he would not, and immediately Treglown's gun went off. Purt then fired directly, and the contents of the gun went into the body of Treglown. Witness had used no insulting language or threats in these parties. Had done nothing but attempt to secure them. Did not know either of them before. Had seen Pascoe in Camborne market, but did not know him. Should not have known him again, if he had got off. Witness was cross-examined, for the purpose of showing that the place where the affray took place was outside the Stray Park, on an uncultivated common; but the witness stated that it was the duty of persons in Lady Basset's employ to deny persons passing over this ground, and that he had frequently done so. ROBERT PURT the gamekeeper, described the means taken by himself and his assistants to surround the party, up to the time when Treglown turned round towards witness, presented his gun towards him, and bid him defiance. The witness confirmed the statements of the previous witnesses of the attacks made on them respectively by Treglown and Pascoe, and proceeded to say, when he came up with Treglown, he asked him "what do you mean by ill-treating these men this way?" Treglown then attacked witness, who tried to strike him with the butt end of his gun; witness defended himself with a life preserver, which he took out of his pocket, and with which he struck Treglown over the arm. He then hit the life preserver over the butt end of the gun, and it broke in two. Treglown ran back, caught up a piece of the preserver, and put it in his pocket. He then came back swearing at witness, and witness kept him off with the muzzle of his gun. Treglown then ran off from witness, picked up the gun which was lying on the ground, not discharged, and ran towards Cock and Edwards, crying "D__n you, if you don't let my comrade go, I'll shoot you." Witness warned him two or three times not to fire, but Treglown pulled up the hammer, which witness heard catch, and fired. He was then not more than three or four yards off. Witness saw the flash from the muzzle glance by Cock's clothes. Treglown fired at Cock and Edwards, as witness thought. Witness then pulled the trigger on his own gun, thinking to hit Treglown in the legs; but the charge went into his body just above the hip. Witness sent off for DR. LANYON immediately. Believed that Treglown was still suffering from the wound. Found in Treglown's pocket a rabbit, shot in the shoulders and head, and fresh, and part of witness's life preserver. Had not made use of any violent expression before this affray took place; had merely told him not to fire, and asked him no to touch the man. Witness had lived at Tehidy between two and three years; did not know either Pascoe or Treglown. All the care possible had since been taken of Treglown. Witness thought his men were shot when he fired at Treglown. Did it instantly without consideration.

MARTIN WILLIAMS, constable, on the 12th of July, received from the keeper a piece of a life preserver. On being asked to produce it, the witness said he had left it at him home, through inattention. He produced a hat and shirt belonging to Cock. The shirt, which was very bloody, was identified by Cock. Williams said that he did not understand that it was necessary to bring the piece of life preserver. Mr. SLADE, for the defence, made an impassioned address to the jury; and the Learned Judge having summed up, the jury returned a verdict of "Guilty of Common Assault." Twelve months' hard labour.

RICHARD CHEGWIDDEN, 17, was found Guilty of stealing a shirt, the property of JOHN RANDALL, a beer-shop keeper of Bodmin. Six months' hard labour.

The Court then rose.

The following bills were ignored to-day:

JOSEPH WILLIAMS and HENRY BENNY, breaking and entering a dwelling house, occupied by WILLIAM MURRAY, at Liskeard, and stealing cream, butter, and a pot of lard.

JOSEPH ABRAHAM, stealing a pike, the property of ROBERT KENNICK, of Liskeard.

CHARGE OF PERJURY - WILLIAM PRISK, 69, was indicted for having committed wilful and corrupt perjury. MR. ROWE conducted the prosecution; the accused was undefended. It appears that at the Quarter Session at Penzance, on the 8th of July, 1844, a woman named LANYON was charged before the Recorder with stealing twenty yards of silk from the shop of the Messrs. COULSON, mercers and drapers, in that town, on which occasion the defendant in the present case, William Prisk, positively swore that he heard one of the assistants in the shop give the woman Lanyon permission to take the silk in order to show it to a MRS. WALLACE. MARIA PRISK, the sister of the defendant, also swore to the same effect, and had since absconded. Mr. Rowe said he should prove that no such permission was given to MARY ANN LANYON, and that William Prisk, who gave evidence to that effect in her behalf, was some miles distant, and not in the shop on the day of the robbery. [Mr. RICHARD MILLET, Clerk of the Peace for Penzance, said he was present the 8th of July, 1844, for the trial of Mary Ann Lanyon before the Recorder, and entered a record of that trial. Mr. CHARLES COULSON examined; carried on business with his brothers Thomas and William. On the 27th of May, 1844, he searched Mary Ann Lanyon in his shop, and found a piece of silk secreted under her mantle. [She was afterwards tried, and committed at the Midsummer sessions. William and Maria Prisk were witnesses for the prisoner, and testified as previously stated]. The jury retired from the court before they gave their verdict, because of the conflicting evidence. There were seven persons in the shop that night, but no men. (The depositions were repeated to the prisoner in a loud voice on account of his alleged deafness.) Mr. Rowe, to Mr. Coulson - The prisoner now says he is very deaf, did he say anything about it at the trial at Penzance? Mr. Coulson - he said he could hear more on the day of the robbery than at any previous time.

MARY HARVEY, assistant in the shop of Messrs. Coulson, [testified about the theft. There were no male customers in the shop, but men were serving. She showed Lanyon the silk, then turned away to find another piece to show her. She then saw the woman being taken away by Mr. Coulson to another room. She was present at the trial of Lanyon, and heard the testimony of Prisk.]

- ANN STEWARD corroborated part of the evidence of the preceding witness.

HANNAH SAFEGUARD, living at Marazion, under the same roof as the prisoner, was next called. She proved that the prisoner was at his house, three miles distant from Penzance, about half-past seven o'clock in the evening of the 27th of May; she saw him also at dusk. The next day, between three and four o'clock, she went into prisoner's house to light a candle, and heard his sister say it was a bad job for JOHN LANYON's daughter; prisoner asked his sister "what is it?"" and she replied that Mary Ann Lanyon had been taken up for stealing; prisoner said "it was a very bad job, and would take a great deal of money to save her from transportation." - HENRY GROSE, sheriff's officer, said he received a bench warrant to take Wm. Prisk before the Spring Assizes, but could not find him.

The evidence being summed up by the Learned Judge, the jury without hesitation found the prisoner GUILTY. His Lordship, in passing sentence, remarked on the heinousness of the crime, and said the guilt of the prisoner had been proved by evidence more clear than had ever occurred in the course of his experience in charges of a similar nature. Taking into consideration his age, he should sentence him to Twelve Months' Imprisonment, with Hard Labour.

JAMES BUILDER was charged with assaulting JAMES TRUSCOTT, constable of the parish of St. Breock, while in the execution of his duty, and also with rescuing a prisoner named JOSEPH GOSS, from his custody. It appeared that on the 12th of May, JOHN PAUL, a constable of St. Breock, and JAMES TRUSCOTT, another constable, went to Wadebridge fair in the exercise of their duty. The defendant, a constable of Bodmin, was also there. About eight o'clock at night, constables Truscott and Paul called at the Cornish Arms, where they found a man named Goss creating a disturbance. They took him into custody, but the Bodmin constable interfered, and said if they would give him up he would see him go away. He did not do so however, for on the St. Breock constables again calling between nine and ten o'clock, they found Goss still there, and also subsequently between eleven and twelve, when Goss was creating much disturbance, and they again took him into custody. According to the statement of the constables, there was at this time a general melee throughout the house, a number of men being fighting. Constable Truscott entered first and had his hat knocked off; he then gravely required "the Queen's peace," and constable Paul entering, they again secured Mr. Goss, who, as constable Paul said, "was firmly clenched with another man." They were about taking him to the "clink" when James BUILDER, the Bodmin constable, again offered to "put the prisoner away," but the overture was this time refused. They got him as far as the door of the "clink," when he caught hold of the coin of the building, and it was here that the assault was alleged to have been committed, constable Truscott stating that Builder came up, seized hold of him, and attempted to wrench away his mace, through which interference the prisoner Goss escaped. They thought proper, however, to lock up the Bodmin constable in his room, to bring the matter before a magistrate, and subsequently to indict the offender. Mr. ROWE appeared for the prosecution, and Mr. SLADE for the defence. It was attempted to be shewn by the counsel for the defence that a row took place at the fair between the Bodmin and St. Breock men, and that James Builder, instead of obstructing, was actually assisting constables Paul and Truscott. The prisoner was found Guilty. One Month's hard labour.

ALFRED WILLS, 18, was charged with stealing on the 7th of July, eight pounds weight of brass, and one half-pound of iron, the property of EDMUND TURNER, Esq. In consequence of information, JAMES FITZSIMMONS, a police constable of Truro, apprehended the prisoner at a house in Kenwyn-street. The lad took the brass bearings and the iron from his pocket, confessing that he had obtained them from the Coosbean paper mills. Mr. PAINE, superintendent of the Truro police, who had examined the machinery at the paper mills, and JOHN STODDEN, tinman, to whom the prisoner had offered the metal for sale, also gave evidence. GUILTY - FOUR MONTHS' HARD LABOUR. The prisoner's accomplice, named PEARCE, it appeared had escaped.

WILLIAM NICHOLAS was indicted for stealing, in the parish of Paul, a piece of oak timber, the property of WILLIAM CURNOW, and a piece of deal timber, the property of WILLIAM GREEN. GUILTY - SIX WEEKS' HARD LABOUR.

JAMES POMEROY, 30, was indicted for feloniously receiving at Launceston, on the 22nd of December, 1844, a tortoise-shell watch, a silver coffee-pot, a pair of silver sugar tongs, and other articles, the property of JAMES GREEN. MR. HUGHES conducted the prosecution, and Mr. EDWARDS appeared for the prisoner. MR. JAMES GREEN said he went to chapel on the evening of the 22nd of December, securing his doors; but when he returned, about half-past eight, they were all open, and several silver articles had been stolen. BETSY ANN SANDERCOCK, servant to the prosecutor, corroborated this statement. JOHN COLE, a constable at Devonport, said he apprehended James Pomeroy on another charge,; the prisoner was remanded, and when in the cell, said he should say nothing about St. Mellion, but the plate and watch belonged to Mr. Green, of Launceston; he did not steal it himself, but two others whose names he would not tell." Witness obtained a watch from MR. HEARN, and the prisoner subsequently confessed the robbery to Mr. DAVIS and MR. GREEN. WOLFF EMDEN, a jew, and dealer in silver, &c., at Devonport, gave evidence that on the 2nd of May, the prisoner offered silver for sale at his shop; witness asked where he obtained it? He said he bought it of a tramp two miles from Liskeard on the Torquay road, afterwards correcting himself by saying Torpoint; the silver was some old-fashioned plate, apparently communion plate, and a coffee-pot; the prisoner said he had a pound of silver to sell, 16 ounces, but on witness weighing what he produced, it was 23 1/4 ounces. A woman accompanied the prisoner, and told witness's wife something, in consequence of which he went round and felt the prisoner's pocket; he had more silver, and said it was 16 oz., but on witness weighing it it was 31 1/2 oz; in the interim he had sent for a constable, who on entering the shop took the prisoner into custody. GEORGE HEARN, an innkeeper at Devonport, deposed that the prisoner gave him the watch to keep for him, which witness afterwards delivered to COLE, the constable. JOHN BROOMING, policeman, at Launceston, deposed to a confession the prisoner had made. The watch delivered by Mr. Hearn to the constable Cole was then produced in court and identified by Mr. Green; the plate which the prisoner had offered to sell was also spread on the table, and portions of the beaten metal identified by Mr. Green's servant as parts of a coffee-pot, spoons, &c. Mr. EDWARDS then addressed the jury for the prisoner, who, he contended, stole the property himself; the indictment therefore charging him with receiving could not be sustained, and he was entitled to an acquittal. The prisoner was, however, found GUILTY. Twelve months' hard labour.

The same prisoner's name appeared on the calendar as being also indicted for having, on the 10th of September, 1843, feloniously broken and entered the parish church of St. Mellion, and stolen therefrom a silver tankard, two silver plates, and two silver cups, the property of the churchwardens of the parish. On inquiry, we learn that the other indictment being first prepared, was proceeded with, and the charge of stealing the communion plate abandoned; the beaten plate offered to the Jew for sale being divided between the churchwardens and Mr. Green, of Launceston.

The Grand Jury ignored the bill against THOMAS THIMBELIN, [or Trimbelin] who was indicted for having, on the 7th of June, 1845, set fire to, and burned a chapel in the borough of Liskeard; after which, they were discharged by Mr. Justice Erle.

Nisi Prius Court and Qtr Sns

The first case called was that of ROWE v. WILLIAMS, for recovery of a debt. Plaintiff carried on the business of a currier and leather seller at Truro, and the defendant was a boot and shoemaker. They had been in business many years and being related, Mr. Rowe was in the habit of letting Mr. Williams have goods on credit, and of occasionally receiving payments from him. [About Christmas, 1840, the son of the plaintiff made out a statement of the account, with the balance being GBP 22. He took it to defendant, who agreed it was correct. Later he added goods amounting to GBP 6, making the total debt GBP 26.13s.8d. To a portion of this debt the defendant had thought proper to plead the statute of limitations, which, although not a very honest plea, was certainly one which he had a right to make in point of law; consequently, plaintiff was obliged to abandon a portion of his claim.] The son, THOMAS ROWE, a civil engineer of the Board of Ordnance, at Newport, stated he came home on a visit in 1840, and drew up the defendant's account. Defendant put it in his pocket without looking at it, but later returned and asked witness to review the entries. He did so, and mentioned the total, upon which defendant said he had paid about GBP 6, and he would pay the remainder as soon as he possibly could. In 1843, witness asked about the account, and defendant said he had not settled it because plaintiff had exposed him to some parties. JANE ROWE, niece of the plaintiff, said she recollected the previous witness reading the items of the bill to the defendant; the amount was GBP 23. HARRIET DUNSTAN said that before her marriage, she assisted her father in his business; she was accustomed to supply goods to the customers, and kept a book of accounts. She proceeded to prove various deliveries of goods to the defendant. She was cross-examined as to which entries were in her own hand writing. After a short consultation between the Learned Counsel, it was agreed to take a verdict for the plaintiff for GBP 7.

TOMS v. MARTIN Plaintiff was an innkeeper at Saltash, and the defendant an ale and porter merchant carrying on business at Plymouth. Plaintiff ordered of defendant a cask of Yarmouth ale, which turned out to be bad, and after some expostulation on the part of the plaintiff was returned. Subsequently, another cask was sent by the defendant, which was also of very inferior quality; but after an interview with the defendant's traveler, plaintiff was induced to keep the last cask, upon the understanding that a better one would be supplied. [A third was then sent, which was equally bad. The plaintiff was "exceedingly annoyed at it." He had a discussion with defendant, and told him of the injury his trade had sustained through the inferior ale he had furnished, and that he could have no real claim on plaintiff to pay for it. In March last, defendant summoned plaintiff before a Court of Requests for the cost of the beer, and the commissioners adjudged him to pay for it. Defendant asked plaintiff about the casks, and plaintiff told him the beer was still in them; as soon as they were empty, he should have them. Defendant then again summoned plaintiff before the court for the casks on 14th of March, and the commissioners thought it fair for the plaintiff to pay defendant two guineas for them, adjudging him also to pay the costs amounting to 8s.10d. If this was not paid, execution was to issue between the hours of nine and ten the next day. But before that time, defendant sent a servant named BASSETT to plaintiff's house, and demanded the casks, at which plaintiff was much surprised because of what had happened in court the day before. Basset repeated it was his master's orders to take the casks, and the casks he would have. Plaintiff took him down to the cellar and said "there are the casks, but you can see they are full of beer; it is impossible you can take them away, but if you can get some casks in the neighbourhood to rack the beer into, you may;" he also said "if you venture to take away the casks with the beer in them, your master must take the consequences." Notwithstanding this distinct notice, however, the man, who it appeared had peremptory orders to bring away the casks, went in and unhorsed one of them, rolled it into the street, took out the bung, and emptied the beer into the gutter. He first took the cask that was full, and then returned for the other to empty it out also. The defendant subsequently said he gave the man orders to bring the casks, but not to throw away the beer. Mr. Serjeant KINGLAKE then called Mr. RUNDLE, solicitor to the plaintiff, who stated that the defendant called on him in consequence of receiving notice of an action by the plaintiff. He said the servant had his orders to fetch the casks, and as to throwing away the beer, he was allowed to do it by Mr. TOMS who, he said, might now do his worst. Cross-examined by Mr. CROWDER: he said he should not be answerable for any damage his servant had done; he sent him to fetch the empty casks. By Serjeant Kinglake - He could not swear to the exact words, whether he said empty casks, or only 'the' or 'his' casks. THOMAS HOWELL, a servant of Mr. William JONES at the time of the occurrence, stated that the man BASSETT came to their house about six o'clock in the morning of the 15ht of March. He said "I have come after the casks," and witness told him he heard his master say they could be taken if he had anything to put the beer in. Witness called his master, and they went into the cellar. After relating some conversation between the man and Mr. Toms, the witness proceeded to state that Bassett rolled one of the casks outside, took out the bung, and started the beer; while it was running away he went for the other cask. By the Judge - This was all done in the presence of his master. Cross-examined by Mr. Crowder - Mr. Toms said the beer was so bad it could not be drunk; Bassett asked master which gutter he could throw it in? On your oath young man, did not your master remove the ice from a sink for the beer to run into? - No, sir. _ the Judge: Did not your master put in the bung again to stop it? - He said he would have nothing to do with it. By Mr. Crowder - Master and Bassett did not quarrel at all. The witness was cross-examined at some length with the view of shewing that Mr. Toms was quite agreeable that Bassett should throw away the bad beer, but the fact could not be elicited from the witness. EDWARD LANDER said he was sent for by Mr. Toms, on the day in question. When Bassett, Mr. Martin's man, said he wanted the casks, Mr. Toms proposed to him to go and borrow some casks to put the beer in, but Bassett replied that he was not going to borrow any casks. There was a small one there which would not hold a quarter part of the beer, and Mr. Toms said he had no other; he asked Bassett whether Mr. Martin had no casks; to which he replied that he had no more than he wanted. WILLIAM LANDER said he accompanied Mr. Toms into the cellar on the 15th of March; Bassett was there unhorsing some beer, which was very sour. JOHN PEARCE, living at Saltash, was present during the inquiry before the Court of Requests, at the 14th of March. It was then stated that the beer was turned off and was not suitable for any other purpose than vinegar; only one barrel and a half was mentioned. Mr. toms said the beer was his, but the casks were Mr. Martin's, and he was willing to give them up if others were found to put the beer in; an order was made by the Court for Mr. Toms to pay a sum of money for the casks. Cross-examined by Mr. Rowe - Mr. WILLIAMS, the Officer of the Court was there; Mr. Martin said he would send for the casks to-morrow morning, and Mr. Toms said he must take the consequences. Mr. VICKERY said he was tr4aveller for Mr. Martin, and took the order for the beer furnished to plaintiff; it was turned rather tart and foul; the value of the barrel would be more than GBP 2 in its foul state; the custom of the trade, with regard to barrels, was to leave them till the beer was out. Yarmouth beer was calculated to keep; it would get round and improve. Mr. Crowder then addressed the jury for the defence, designating the present as one of the most trumpery cases ever witnessed in the county. He represented that the beer had accidentally turned sour after it was supplied by the defendant, who had to bring the plaintiff before a Court of Requests before he would pay for it. After enforcing the payment of GBP 5.10s. for the beer, it was necessary for defendant to have the casks, which Mr. Toms did not choose to return. He was under the disagreeable necessity of again appealing to the Court of Requests, and Mr. Toms was adjudged to pay two guineas for the casks. Mr. Martin therefore had no reason for resorting to any different course, and 'taking the consequences;" but it was clear he only adopted another mode through subsequent arrangement with Mr. Toms, and in consequence he sent his man for the casks next morning. The learned counsel proceeded to animadvert upon the evidence of John Pearce, whom he considered to be wrong in saying that Mr. Toms told Martin, in the Court of Requests, that if he sent for the casks next morning he must take the consequences; and after stating that the description of the beer in question was only calculated for a quick sale, and would otherwise spoil, he called JOHN WILLIAMS, sergeant of the Plymouth and Devonport Court of Records. This witness said that when he served the summons on Mr. Toms to attend that court, he said "what, Martin again? I am longing to have a shy at him." He further stated that after the court had adjudged Mr. Toms to pay two guineas for the casks, an arrangement took place between the parties, Mr. Toms saying that the beer was bad, and he could not sell it, and Mr. Martin might do what he pleased with it; he might send for the casks when he liked. Upon cross- examination, however, it appeared that being engaged in the duties of the court, the witness did not hear all that took place between the parties. WILLIAM BASSETT, the man sent by Mr. Martin for the beer, was next examined, and strangely contradicted many of the statements of the witnesses called for the plaintiff, some of whom he swore were not present to witness the matters to which they had borne testimony. Mr. MARTIN, jun., son of the defendant, was also examined. He denied that the witness Vickery, or a person he had mentioned named Gregory, travelled for his father; he was the sole traveler himself, but he allowed that they might have given orders. The ale supplied to the plaintiff was a mild ale, and not intended to be kept. WILLIAM ELFORD and a witness named SCREECH deposed that Bassett had told them on his way home from Mr. Toms's, on the 15th of March, that he had let all the beer out, his master having ordered him to do so. Sergeant KINGLAKE, in his closing address to the jury, commented upon the direct contradiction of the witness Bassett's evidence to that of five others, and showed the improbability of his correctness, replying also to the charge of trumpery prosecution advanced by Mr. Crowder. The Learned Judge summed up very elaborately, and after some deliberation the jury returned a verdict for the plaintiff, Damages 50s.

MARSHALL v HICKS This was an action for the recovery of a debt. [Marshall, sheriff of the county, served a writ against the goods of JOSEPH FITZ, upon the suit of WILLIAM HICKS, the defendant in this action. Marshall wanted to recover poundage and dues which he alleged to be due to him on the execution of the writ. The answer to the declaration was a set off in respect of certain charges which the defendant stated he had paid, which the sheriff ought to have defrayed. Defendant had tendered the sum which he conceived the plaintiff entitled, amounting to GBP 8.7s.6d. Witnesses were MR. G. B. COLLINS, who verified the writ was for GBP 1,524.14s.3d, including charges, William MURRAY, who verified the poundage amounted to GBP 21.8s., and Mr. THOMAS WHITFORD, under-sheriff of the county, whose testimony was interrupted by an objection by the defense, regarding the illegality of the 'custom of the county'. [Finally, the Learned Judge interposed, and directed the jury to find a verdict for the plaintiff for GBP 13.9s.6d., which, with the sum tendered by the defendant, made the amount of poundage claimed by the sheriff.

It being then five o'clock, and another case at Nisi Prius being likely to last longer than six, the usual hour for the rising of the court, the Learned Judge proceeded to try the following criminal case:

MARY ANN THOMAS, 18, and ELIZABETH THOMAS, 16, were indicted for stealing, on the 14th of July, a piece of iron, the property of WILLIAM FRANCIS and others, adventurers in the United mines, in the parish of Gwennap. MR. FRANCIS, one of the agents of the United Mines, stated that in consequence of losing several things, property of the adventurers, he kept a watch on the 14th of July. He came out of the counting-house about eight o'clock and met the prisoners. He spoke to them, and asked them what they were doing at the time of the evening; they said they were come to see for a few "chirks;" he left them, but kept his eye on them. They went near an engine called the old-sump engine; they then walked about there. Witness went up in the mine and met NICHOLAS MARTIN, one of their miners, who went with him in search of the prisoners, he having lost sight of them for ten minutes or so. They overtook them going towards their home, three or four hundred yards from where he first saw them. They were in the "sett," but off from the works of the mine. He asked them what they had, and they said nothing but a few chips in a basket. He asked Mary Ann what she had in her right hand; she said a piece of wet stick, but on examining it he found it to be iron weighing more than 20 lbs. It was covered with a shawl. There were a quantity of such pieces in the places where he had seen them walking. (The iron was then produced and identified by witness.) From the time he first saw them until they were overtaken, they could not have gone to any other mine; they were labouring girls living about a quarter of a mile from the mine. NICHOLAS ANDREW MARTIN accompanied the last witness in search of the girls; they pursued them about one-sixth of a mile before they overtook them; he corroborated the evidence of th last witness in various particulars. The learned Judge briefly summed up, and the jury found the prisoners Guilty. Three Months' imprisonment.

BORLASE and OTHERS, v. VIVIAN - Counsel for plaintiffs, Mr. Chowder and Mr. M. Smith; attorneys, Messrs. Tyacke and Plomer. Counsel for defendant, Mr. Cockburn, Mr. Smirke, and Mr. Butt, attorney, Mr. Anstis. In this case, the plaintiffs were HENRY BORLASE. THOMAS PHILLIPS TYACKE, JOHN TYACKE, FRANCIS PENDER, and FRANCIS JOHNS, trading at Gweek, as mechants, under the style of Cornish and Borlase. The defendant was SAMPSON VIVIAN, of Liskeard, one of the company of Dollar Cove adventurers, whose object it appears had been to recover some gold and silver coin, which was wrecked some years since with a vessel in Dollar Cove, at Gunwallow. The sum now sought to be recovered was GBP275.14s, principally for timber, iron, and chain cable. The Dollar Cove company was formed in May, 1844; and the defendant became an adventurer, and was appointed purser. Several schemes were set afloat, for the purpose of recovering the dollars. The first person employed was HANNIBAL MEDLAND, who obtained goods of the plaintiffs under authority of defendant and adventurers; but after a short time, Medland's scheme failed. In July, a carpenter, named JAMES HENWOOD, of Tideford, Saint Germans, suggested a scheme for raising the wrecked dollars, and was sent down to Dollar Cove, to see what he could do. He went down to Gweek, on the 4th of July, and in the course of a few days, obtained goods of plaintiffs to the amount now claimed, as was admitted by the defendant. His scheme, however, proved unsuccessful, and was abandoned on the 26th of July. There was no dispute between the parties as to the delivery of the goods, for the amount claimed; the only question being as to the inability of the adventurers, whose case was that Henwood was not their agent, but that, by agreement with them, on the day previous to his arriving at Gweek, he contracted to carry into effect his proposed scheme for raising the dollars, for GBP 640, the contractor to have all the tools and materials left at Dollar cove by Medland; if the scheme failed, the materials to become the property of the adventurers, to the amount of one half the money expended; if it succeeded, the whole of the tools and materials to be the property of Henwood. JOHN WESLEY JOHNS, clerk of the plaintiffs at Gweek, and JAMES HENWOOD, the contractor, were examined in support of the plaintiffs' claim. There was also, on both sides, a good deal of documentary evidence. The jury, under the direction of the learned judge, returned a verdict for plaintiffs, for GBP 275.14s. His lordship ordered payment in a fortnight.

VACY v. LEIGH Mr. CROWDER and Mr. M. SMITH for plaintiff; attorney, Mr. SMALE, of Bideford. Mr COCKBURN, and Mr. BUTT for defendant; attorney, Mr. PETER. [The case occupied nearly seven hours. Plaintiff was JOHN HENRY VACY, a boy of ten years' of age, who sued to recover compensation for injury sustained by him, from actions instigated and procured by the defendant, WILLIAM JOHN LEIGH. The defendant, and plaintiff's father, were both respectable farmers living at Tinney, in the parish of Bridgerule. The defendant had a son aged approximately thirteen years old. The charge was that the defendant set his son, who was elder and much bigger than the plaintiff, onto the plaintiff, which resulted in a very serious injury in one eye. The two families live about sixty yards apart. On the 1st of April, plaintiff was sent to defendants' home to ask for two sixpences for a shilling. On his leaving the defendant's house, WILLIAM LEIGH, the son, went after him and beat him severely. [Very contradictory evidence was offered as to the circumstances of the fight.] Proof was offered that Leigh called his son away from some other employment when the Vacy boy came to the house, and once the fight started, called to his son "give him another blow, and that will be a belly full for him." After the fight ended, Vacy's father complained to defendant about it, when the defendant said "your son shall not cockle over the town." As to the injury, it was proved by Mr. PEARSE, surgeon of Launceston, and Mr. MUDGE, of Bodmin, that the plaintiff bled a good deal, and his eyes were swollen and blackened. The sight in his left eye was injured by a thickening of the retina, which was most probably the consequence of a blow, and as it hadn't improved over the past months, it most probably would never do so. Mr. Mudge stated that would make the boy unfit for any occupation where accuracy of vision was required.] Mr. Mudge said the retina of the eye was subject to its own diseases, in infancy as well as in maturity or old age; and that he had never known the retina injured by a blow that caused black eye; the retina was generally protected by the fat in which the eye was providentially embedded. But he ascribed the effect on the retina in the present case to the blow which the boy had received. The jury, after long consideration, gave a Verdict for the Plaintiff, Damages 20s. The Judge, by consent of counsel, took time to consider the question of certification for costs. The plaintiff in this case was a very handsome, smart, and intelligent looking little fellow; and much interest was felt for him throughout the Court, especially when, by the request of the judge, he was placed on the table, by the side of his former combatant.

This case concluded the Nisi Prius business of the Assizes; and the court rose at six o'clock.
ADVERTISEMENT - NOTICE - I, WILLIAM MELLOW (Mariner) will not be answerable for any DEBTS my wife, JANE MELLOW, may contract after this public notice. Signed, WILLIAM MELLOW Witness, WILLIAM WARN Dated, St. Austell, July 30, 1845


8 AUGUST 1845, Friday


LOCAL INTELLIGENCE

THE CROP - An eastern correspondent informs us that barley and oats are likely to be a fine crop; but that the wheat was so injured in the time of blossoming by storms, that it will not be at all equal to last year's crop.

EAST CORNWALL AGRICULTURAL SOCIETY - A general meeting of this society was held at Wright's Hotel, Callington, on Saturday se'nnight, for the purpose of auditing the treasurer's account, naming the committee, and fixing the premiums for the year ensuing. The accounts were found to be very satisfactory, leaving a trifling balance due to the treasurer. The committee consists of some of the most experienced practical farmers in the neighbourhood, some of whom were formerly the supporters of the Roborough agricultural society. The district was also increased, and greater liberality has been evinced with reference to the breed of the stock exhibited and the premiums to be awarded. The society now bids fair for a permanency which could not have been anticipated.

A HINT TO FARMERS - WILLIAM FISHER, a working gardener, of St. Stephens by Launceston, has this year produced fifteen stone of early potatoes per yard, and sold them in Launceston market, at 8d. per stone of 14 lbs., averaging 10s. per yard, which is GBP 80 per acre. Surely this example is worth imitating.

LAUNCESTON COTTAGE GARDEN SOCIETY - The first show of this society was held in the market-house, on Tuesday last; and we are glad to find that it bids fair in its progress to rival some of its neighbours. The produce from the cottage gardens was exceedingly fine, particularly potatoes and cabbages, which were in great variety, mainly owing to the kindness of Mr. SEARLE, who has at some pains introduced a variety of these useful articles into the gardens of the poor. The arbitrators appear to have given general satisfaction in the distribution of the prizes.

JUSTICE's JUSTICE - On Wednesday, the 30th ultimo, the rite of confirmation was administered at St. Germans, by the Bishop of Exeter; and on the following day, his Lordship consecrated an new chapel at Tideford. On this occasion, a notice, of which the following is a copy, was posted at the church gate, and various other places in the parish:

"Notice is hereby given, that no FRUIT, SWEETMEATS, OR THE LIKE, are to be exposed for sale in any Basket, or on any Stall, &c. in St. Germans, in the village of Tideford, or in the Road lying between those places, on Wednesday and Thursday the 30th and 31st instant. By order of the Justices, (Signed) S. HAWKE, Constable St. Germans, July 25 1845."

We leave our readers to make their own comments on this extraordinary notice, and merely ask, what next?

THE GYPSIES ABROAD - A labouring man, named JOHN LEMIN, of the parish of Warleggan, lately fell in company with one of those wonder-working gentry, the gypsies, who told him that if he would get all the money he could procure, and put it in her hand, she would lock it up in any place in his house that he would mention, and at the end of eight days it would be double. The poor fellow believed the wily brunette, and did as she recommended, fully expecting to double his store. He had about ten pounds of his own, and borrowed of his neighbours several sums from four to twenty pounds each, making altogether about forty-eight pounds. The money was delivered to the enchantress, at whose request all the family went outside the door, except the man and herself. She then put the money in a cupboard, as the simple countryman supposed, locked the door, and gave him the key. At the proper time, the man opened the cupboard, and found his purse contained half-pence and farthings, to the amount of fourpence half-penny only.

THE CONVICT ELLISON - We understand that the execution of this unhappy man, for the murder of Mrs. Seaman, at Penzance, is fixed to take place on Monday next, at Bodmin. It is said that he had made a partial confession of his guilt, and was expected to give a full statement of all the circumstances of the case before his execution.

SMUGGLING - On Saturday last, a boat and ninety-two tubs about 400 gallons, of o.p. contraband spirits, seized in a cove near Coombe Horn, were brought to the custom-house at Fowey. This spirit is white, with very [strong?] flavour, and that bad, but it would have been coloured to represent brandy, had the smuggler been successful. It is said that a number of persons were ready on shore to have carried all off in less than half an hour; but a preventative man being on the spot, saw the boat approach, fired his pistol as a signal, and was soon joined by his fellow, but not until the smugglers had bound him hand and foot, from which perilous situation he was relieved by his comrade.

PETTY SESSIONS - A petty sessions of the magistrate for the Western division of the hundred of powder was held at Truro on Thursday, the 7th instant. MICHAEL KELLY, an Irishman, was charged with assaulting JOSEPH WHITFORD at Bissoe Bridge. It appeared that the parties were both employed at the alkali works at that place, and on Saturday night last, the Accused, Michael Kelly, and another young man, came into the place where the complainant was working. Complainant with two other men were there drinking beer, and asked Kelly to take some with them. He did so, and when it was drunk, a subscription was made by the parties, and five quarts more were ordered in and disposed of. Kelly and the complainant then had some altercation about the merits of each other's work, upon which, according to the statement of the complainant, Kelly knocked him down several times, and said he would rip him up with a knife. He was obliged to cry "murder," whereupon the other men present interposed and rescued him from his assailant. WILLIAM GRIBBLE and SAMUEL HARVEY corroborated the statement. In his defence, Kelly denied having a knife, and called a witness to controvert the testimony of Whitford and his witnesses. The magistrates, however, considered the assault to be proved, and fined the accused 7s, with 17s. costs. ELIZABETH OATES was charged with removing her goods to prevent her landlord, EDWARD ROBERTS, levying a distress for rent. One year and a quarter's rent, amounting to five guineas, it appeared was due at Midsummer last for a house which the defendant occupied at Sheveock; but on Midsummer day it was stated she had removed all her goods, and as the landlord alleged, committed some damage to the house. After enquiring the value of the goods removed, the magistrates decided that she should pay GBP 8, or in default be committed to the house of correction for six months.

FALMOUTH POLICE - On Friday last, two young men named McDONNAL and TRAVERS were summoned to appear at the Guildhall, to answer the complaint of BENNET, the constable, the former for being drunk and disorderly on the preceding night, resisting the constable in the exercise of his duty, and disturbing the peace of the town, - and the latter for assisting in an attempt to rescue McDonnal. McDonnal was fined GBP 5, and in default of payment to be imprisoned at hard labour for two months. Travers, who appeared contrite, was sentenced to a fine of GBP1. MRS. McDONNAL, mother of the prisoner, was also fined 25s. for being a party concerned in the riot, and for having torn Bennet's coat in the scuffle, from top to bottom.

SERIOUS ACCIDENT - On Monday last, a serious accident occurred at Liskeard, to WILLIAM STANTON, for many years a carrier from that place to Devonport. He was riding in front of a copper ore waggon, when one of the horses taking fright, he was thrown off and a wheel passed over his body. He is, however, recovering.

MINE ACCIDENTS - On Thursday, the 24th ult., as a man named JOHN BENNETT was at work in the Royal Polberron Consols mine, near St. Agnes, in what is called a winze, and was about to descend to the bottom of the place in a kibble, from some cause unknown, he fell a depth of four fathoms, and was so much injured that he died in about six hours afterwards. He was about [fifty?] years of age, and has left a family all grown up.

On Friday week, THOMAS TERRIL, engine man, at the ... mine, was severely scalded, in consequence of the eruption of a boiler belonging to one of the engines. Fortunately, he was the only man in the boiler house at the time, and no life was lost on the occasion. On Thursday, the 24th ult., as a man named MATTHEW RICHARDS was working at the North United mines, a stone got near the mouth of the shaft, when he imprudently went UNDER the ballast bob to remove it. The bob descended on him, and he was crushed in a dreadful manner. We hear, however, there are hopes entertained of his recovery.

ANOTHER FATAL ACCIDENT AT DELABOLE SLATE QUARRY - On Monday week, as a man named PASCOE BONEY was working in Delabole Quarry, a stone fell off a waggon which was drawn up by machinery to a great height over where the men were working, and nearly cut the poor fellow in two. He was of course killed on the spot. Mr. HAMLEY held an inquest on the body the following day, when the jury returned a verdict of accidental death.

CORONER'S INQUESTS - On Wednesday last, an inquest was held at the ship Inn, Boscastle, before Gilbert HAMLEY, Esq., Deputy Coroner, on the body of RICHARD BOUNDY, aged fourteen years, a native of Mawgan Porth, who fell overboard on Tuesday evening, from the smack "Tamar," of Padstow, Capt. NICHOLLS, and was drowned.

LEGAL INTELLIGENCE
COURT OF REVIEW IN BANKRUPTCY

Re. THOMAS GUNDRY and JOHN GUNDRY, Bankrupts. Ex-parte Turner and Exparte Magnus. This case was finally disposed on in his Honor's private room on Saturday last. It appears that Mr. Turner, the trade assignee of the bankrupts' estate, in January, 1840, filed four bills in the Court of Chancery, against several of the adventurers in the Wheal Vor tin mines, with the profits received thereon, from June, 1820. At a meeting of the creditors of the bankrupts, held at Helston in September, 1842, Mr. Turner was authorized to compromise the suits, on the terms that the defendants should transfer to the assignees of the estate, 13-50th shares in the mines, which were valued at GBP1,000 each, and pay GBP 3,000 in lieu of the profits received thereon. [Mr. Magnes, a creditor, Mr. Hirtzel, the official assignee, and the children of the bankrupts, all opposed the compromise, contending it would cost them GBP 30,000 of the estate. Mr. Turner submitted he had been advised he could only recover 7-50ths shares in the mines, and in that case, the compromise would be beneficial to the estate. The case was argued for 3 days; on the last day, the court gave the bankrupts' children leave to purchase the whole of the interest of the assignees for GBP 18,600, provided the money was brought to court on or before Saturday last. The amount not being then paid, his Honor directed the assignees carry the compromise into effect on the terms originally proposed, with the proviso only 7-50th shares would be transferred, and defendants should retain the remaining 6-50th shares, on payment of GBP 6,000, the supposed value of the six shares.


15 AUGUST 1845, Friday


TEN POUNDS REWARD

WHEREAS, a Warrant has been issued for the apprehension of JOSEPH PERRYMAN, late of New Mills, Kenwyn, labourer, who is charged with having stolen a quantity of Lamb and Beef, the property of THOMAS TRENERRY, the above Reward will be paid to any person apprehending the said Joseph Perryman, and bringing him before a Magistrate at Truro.

He is about five feet seven inches high, of pale complexion, thin face, small nostrils, eyes somewhat sunken, and about thirty-three years old; was last seen at Stickler, near St. Austell.

Apply to Messrs. HODGE and HOCKIN, Solicitors, Dated August 9, 1845

LOCAL INTELLIGENCE

RINGING - A grand ringing match took place last week, at St. Stephens in Branwell. Several parishes engaged in the contest, and the ringing throughout the day was excellent. The umpires were chosen from parishes not contending for the prizes, and the whole business throughout the day did credit to those who had the management. The umpires were MR. LEAN, of Lanreath; MR. W. THOMAS, of Lanivet; and MR. CHARLES ANNEAR, of Probus. The assembly of people was very great, but many more would have attended had the weather been favourable. The prizes were awarded as follows: St. Austell, first prize, GBP3; St. Columb, Gwinear, and Egloshayle, united, second prize, GBP2.2s; St. Issey, third prize, GBP1.10s; Roche, fourth prize, 12s. All parties were perfectly satisfied with the decisions of the umpires. The ringing of the St. Austell men excelled anything of the kind that had been heard in that parish for many years.

WILL OF THE LATE E. COODE, ESQ. - The will of E. COODE, Esq., of St. Austell, was proved on the 4th instant by EDWARD COODE, the son and sole executor. The personal estate was sworn under GBP 123,000. He devises his real estate to his wife, for her life, also an annuity of GBP 700 besides her income under settlement; and after her deceased devises the same to his son Edward. Bequeaths to his son THOMAS his share in the East Cornwall Bank; leaves annuities and legacies to his daughters and grandchildren; and the residue of his personal estate he bequeaths to his son Edward. It was the deceased's wish to be buried privately and early in the morning.

MUSIC - We have great pleasure in stating M. EUGENE NOLLET, son of Monsieur NOLLET, of Truro, has been awarded the second HARP PRIZE, at the Royal Conservatory of Music, at Paris.

HELSTON - On Wednesday last week, ten persons were brought before the Rev. J. PETER and the Rev. W. THOMAS, county magistrates, on a charge of having unlawfully assembled on a spot near the lodge, at Penrose, the seat of the Rev. CANON ROGERS, on Monday, the 28th ult.; and the whole of them were fully committed to take their trial at the ensuing county sessions. Nine of them were prepared with the required bail, themselves in GBP 50, and two sureties in the like amount. The tenth person, THOMAS LANG, refused to be bailed, he not being within many miles of the place at the time the riot was created, but he proceeded to Bodmin on the Thursday, in the custody of CHAPEL, the constable. The origin of this affray was a disputed right of way through Penrose estate. The Rev. Canon Rogers having removed the pathway, and caused to be shut up the entire thoroughfare, which the public claim as their own, on the previous Sunday, a portion of the hedge was removed, when hundreds passed through it during the day. The hedge was re-built on the Monday, which soon became known to Helston, when a large party of individuals resorted to the spot, to claim, as they called it, their birthright. On nearing the spot, they perceived it was guarded by a large party of persons, armed and ripe for action. They demanded the right of way, which was refused them, when the riot alluded to was created. A notice has since been issued by the Canon, declaring the road to be open to the public, except on Sundays, from ten o'clock till half- past one. The public, it appears, are not content with the exception.

HARVEST - On Monday last, Mr. TREDWEN, of Padstow, carried a field of barley, perfectly ripe which it is supposed will yield twenty-five Cornish bushels per acre. Mr. T. has also carried a field of wheat.

TRURO POLICE - On Saturday last, WILLIAM WILLIAMS, butcher, of Truro, was charged before the magistrates with assaulting JOHN LANDERYOU, landlord of the Seven Stars, in the same town. It appeared that the assault was occasioned by some previous grievance, and the magistrates fined the defendant 1s., with 1s.6d. expenses.

FALMOUTH POLICE - On Tuesday, ALEXANDER McDONNAL, concerned in the disturbance in the streets of the evening of the 31st ult., with his brother CHARLES McDONNAL, and others, was charged with the same, and the evidence having proved his behaviour to have been violently riotous, he was fined GBP 3, in default of which he was sentenced to one month's imprisonment and hard labour. Several parties were summoned for aiding the prisoner to escape from the custody of the constable, but the evidence being inconclusive, the cases were dismissed.

COMMITTAL OF TWO POSTMASTERS - the Post-offices at Bude and Stratton have undergone an inspection by authorities sent down from London for that purpose, which has ended in the committal by the magistrates of both the post masters to the county gaol, for having pursued illegal practices. They have, however, both obtained bail and are liberated until the assizes.

SHIP ON FIRE - On Saturday evening last, an alarm was raised of the "Edward Sawle" being on fire in Falmouth harbour; but the fire was soon put out, and fortunately too, for she had some tons of gunpowder on board.

MINE ACCIDENTS - On the 1st instant, as two men, named NICHOLAS HILL and JOHN BANE, were at work in Balleswidden mine, preparing a hole for blasting, the charge instantly ignited, and dreadfully injured them both. There is, however, hope that they may recover. On the same day, at the same mine, as a man named LAVAS was at work, a large quantity of ground fell on him, and injured him severely; but he also is in a fair way of recovery.

CORONERS' INQUESTS - On Saturday last, an inquest was taken at Redruth, before JOHN CARLYON, Esq., coroner, on the body of JOHN STEVENS, aged 16 years, who was killed on the morning of that day by accidentally falling from a ladder in West Wheal Tolgus mine, as he was going to work. He fell from the six fathom level into the cistern of the top lift of pumps at the thirty fathom level and was killed on the spot. Verdict, accidental death. On Tuesday last, MR. Carlyon held an inquest in Kenwyn parish, on the body of MR. WILLIAM POWNING, of Liskes cottage, aged 63 years, who was taken suddenly ill the evening before whilst at tea and died in about five minutes. Deceased had been heard to complain a few weeks since of a difficulty in breathing, and it is supposed that his sudden death was caused by disease of the heart. Verdict, visitation of God. On Tuesday last, an inquest was opened before Mr. g. HAMLEY, deputy-coroner, (in absence of J. Hamley, Esq.) at Lanlivery, on view of the body of WILLIAM HORE, who was found drowned in a well, in a lane leading to Redmoor. It appeared from the evidence that the deceased was returning from Bodmin, in company with several persons in a waggon, where they had been to witness the execution, and that he had got out of the waggon ....[line is folded, and can't be read] of his having been found with two deep cuts in the back of his head, induced the coroner to adjourn the inquiry until the following day, in order that the constable might summon the parties in whose company he was last seen, and also that a medical man might examine the cuts in the head. The jury met again on the following day and having again viewed the body, it appeared that deceased got into the waggon at Bodmin, very tipsy, and agreed to give sixpence for a ride as far as Fowey, where he resided. About two miles from Bodmin, he got out of the waggon, but several persons in the waggon saw him following close after, and he refused to get into the waggon again. He followed as far as the road leading to Lanlivery, and then remained in company with two other persons. Neither the driver of the waggon nor any of the other parties ever saw him after; but a woman saw him pass Trebyn between eight and nine o'clock, very much intoxicated. Mr. WARD, a surgeon, stated he had carefully examined the body. On the back of the head he had found two severe blows, which appeared to have been caused by his head knocking against a stone; he also stated that from the appearance of the body he had no doubt that deceased died from suffocation. The person who found the body saw marks of blood on a stone in the well; there were also marks as if he had been lying near the well, and it is most probable he fell asleep just over the well, and on his waking fell down head foremost. A few pence were found in his pocket. The enquiry lasted several hours, and the jury returned a verdict of found dead.


picture
BENJAMIN ELLISON

The above portrait of Benjamin Ellison, the murderer of Mrs. Seaman, of Penzance, is considered to be a good likeness, especially the upper part of the face and head; it was taken in the County Hall, Bodmin, while the unhappy criminal was receiving sentence of death for his awful crime. Ellison was a tall man, nearly six feet high, yet rather slightly formed. His aged was 61, and he was a native of Birkenshaw near Leeds, in the West Riding of Yorkshire. He had received a superior education, and had moved in a respectable station in life, having been connected with the manufacturing interest of his native county. We understand that his wife and family are still living, to deplore his untimely and disgraceful end. About two years since, he left his wife and home, in consequence of disagreements about pecuniary matters, and had not been heard of by her or his relatives until after his committal for the murder. The wretched culprit suffered for his crime on Monday last, and a full and authentic account of the execution is given in our fourth page.


[The description of his death has been omitted; however, the confession is printed in full. He acknowledged in a letter that Elizabeth Bramble, whose testimony he adamantly denied at the trial, did substantially tell the truth. Ellison's two sons visited him, but his wife did not - nor did any other relative. Evidently, he had no money of his own, so the will he signed bequeathing property to Mrs. Seaman was "purely a fabrication"; his wife was "possessed of considerable property". jm]

"The Confession of Benjamin Ellison, under sentence of death in Bodmin Gaol, made to the Governor and Chaplain of that prison, August 10th, 1845:

"He (Benjamin Ellison) declares that the late Mrs. Ruth Seaman died by his hands in a struggle; but he denies having committed willful murder, and says that manslaughter is the extent of his crime. His statement as to the origin of the quarrel with Mrs. Seaman has differed, he having told the governor that it arose about the axe, and the chaplain that it arose about some clothing, but he has made no statement of the particulars in either case."

The executioner was Mr. GEORGE MITCHELL, a farmer of Somersetshire, the same who executed MATTHEW WEEKES on that day twelve months, and the Lightfoots in 1840.

Immediately after the execution, and the burial of the body, the vast multitude of spectators proceeded to the town, where, we regret to observe, instead of conducting themselves as befitted the solemn occasion, and quietly departing to their homes, the majority remained for the purpose of an afternoon's carousal and holiday pleasure. The public-houses were filled from the basement to the upper story, and in the streets, which were rendered almost impassible for hours, coarse jests and ribaldry were frequently heard proceeding from the crowd. .. So much for the moral effect of public executions.

We have omitted to notice, that immediately after the body of Ellison was taken away to be buried, a most lamentable exhibition of superstition took place. The people crowded around the executioner to purchase short pieces of the rope for 1s. each piece, for the cure of king's evil, rheumatism, and other diseases! We could scarcely believe that we lived in the nineteenth century, when witnessing such infatuation.

For the information given in the preceding statement, we have to acknowledge the courtesy of the Under-Sheriff, the Governor, and other gentlemen, subsequent to the execution, since the Governor could not accede to the application for admission to the gaol by the reporter previous to the execution.

22 AUGUST 1845, Friday


THE CUSTOMS - ROBERT JAMES, Esq., of the port of Alloa, N.B., has been promoted to be comptroller at St. Ives, in the room of CHARLES WATSON, Esq., removed to Ayr.

ST. IVES TOWN COUNCIL - CAPT. GEORGE WILLIAMS has been elected Alderman in the room of Capt. JAMES STEVENS, deceased; and CAPT. JAMES BERREMAN in the room of Capt. WILLIAMS.

WESLEYAN CONFERENCE - The one hundred and second annual Conference of the Wesleyan Methodists has just closed its sittings at Leeds, under the presidency of the Rev. JACOB STANLEY. The following are the stations of the ministers for this county:

Redruth, SIMEON NOALL, JAMES GROSE
Camborne, JAMES MOWAT, Robert KEYWORTH
Tuckingmill, THOMAS HURLEY,** JAMES COOKE, 2nd
Falmouth - HENRY POWLS, GEORGE SOUTHERN
Truro - ROBERT YOUNG, JOHN H. JAMES
Perranwell, PAUL CLARKE
Gwennap - RICHARD MOODY, GEORGE B. MELLOR
St. Agnes - JOHN BISSELL, HENRY --
St. Austell - EVERITT VIGIS, MATHEW ANDREW, WM. QUICK;
JOSEPH WOMERSLEY and THOMAS WASHINGTON, as supernumeraries
[rest of list was cut off - jm]

ILLOGAN COTTAGE GARDENING SOCIETY - the annual exhibition of this society was held at Portreath, on Thursday, the 14th instant, and gave, as usual, a gay and happy holiday to the neighbourhood. A visit to this secluded little village is always interesting, but on the occasion of its horticultural anniversary it is especially worth going a long way to accomplish; and never was that anniversary celebrated under more favourable circumstances than the last. The weather was fine; the port was crowded with shipping, all of which displayed their flags in honor of the occasion; and the place was crowded with visitors from Redruth and other places in the neighbourhood, whose holiday dresses, and holiday faces, assured you that enjoyment was their only business, and that there was no fear that they had been disappointed of obtaining it. The garden produce this year bore evidence of the continued and successful industry of the cottagers in the cultivation of their gardens. ... Two of the competitors on the new grounds, JOSEPH and WILLIAM GRIBBLE deserve particular mention for the variety and excellence of the articles they exhibited. ....

CRIMINALS EXECUTED IN THE COUNTY OF CORNWALL since the year 1790
1791 Benjamin Willoughby......20......Having beat and fractured
John Taylor..................25 the skull of Jas. James
1793 William Trevarvas..........25.....murder of Martha Blewett
1796 G.S. Selfehorne..............35.....murder of a Dutchman
1798 William Howarth............24......housebreaking
1801 William Roskilly............31......housebreaking
1802 John Vanstone...............37......housebreaking
William Lee..................60
1804 Joseph Strick..................25......murder
1805 John Williamson..............na......housebreaking
James Joice....................na
1812 LaRoche (Frenchman).......30......forgery
1812 William Wyatt................40......murder of a Jew
1813 Eli Osborne....................20......setting fire to corn
1814 William Burns.................21......murder
1815 John Simms.....................30......murder
1818 William Rowe..................41......sheepstealing
1820 Sarah Polgrean.................37......poisoning her husband
1820 Michael Stephens..............27......sheepstealing
1821 John Barnicott..................24......murder
John Thompson...............18
1821 N.J. Gard........................42......murder
1825 William Axford................21......setting fire to corn
1827 James Eddy.....................29......highway robbery
1828 T.P. Combe.....................21......housebreaking
1828 Elizabeth Commins............22......murder of her child
1834 William Hocking...............57......beastiality
1835 John Henwood..................29......murder of his father
1840 William Lightfoot...............38......murder of Mr. Norway
James Lightfoot....................23
1844 Matthew Weekes................22......murder of Charlotte Dymond
1845 Benjamin Ellison................61......murder of Mrs. Seaman

RATE OF MORTALITY IN CORNWALL

[The quarterly table of mortality in England has just been published by authority of the Registrar General. The districts of Redruth and Penzance are the only ones from Cornwall quoted in this publication. In Redruth, the returns for the June quarter of this year showed the number of 211 deaths, while the average of the five previous June quarters was 251. In the Penzance district, for the June quarter 1845, the number was 205, and the five previous June quarters, 236. In regard to Illogan, of 50 deaths which occurred, 23 were cases of consumption, which appears to be the greatest proportion of deaths from that disease in any quarter since the registration had commenced.]

TRURO SAILING AND ROWING MATCH - Monday last, the 18th inst. was the day appointed for this match. The boats were to rendezvous at Sunny Corner, at three o'clock in the afternoon, at which time, notwithstanding the louring appearance of the sky, a large number of people were collected on each side of the river, besides a steamer full, and numerous boats well laden, all expecting to witness the match. The second class sailing boats, not exceeding 13 feet 6 inches keel, first took up their position and started on the prescribed course, arriving at its termination in the following order: 1st, "Four Brothers", J. CLEMOW; 2nd, "Ranger," N. SCOBLE, 3rd, "Ann," PETER DUNSTAN. The first class sailing boats (not exceeding 15 feet keel) got into position shortly after four o'clock, but just at that time the wind fell, and it was found impossible to contest the race. It was therefore postponed to the following day, and the disappointed people ad to wend their way home amidst a heavy shower of rain. [On Tuesday afternoon, remarkably fine weather attracted a large number of people, and a fine breeze blowing from the N.W. was sufficiently strong to fully test the sailing qualities of the different boats, while the course laid down was such as to oblige them to make numerous tacks, adding to the interest of the spectacle.]

PILCHARD FISHERY - Portloe - During all last week, and up this time, the drivers at this place have brought in great quantities of fine fish. The seans are out, but as yet they have done nothing. ST. IVES - The men employed in the pilchard fishery were put in pay on Monday last, and the greater part of the boats are stemmed. The number of seans afloat this year is 189. Upwards of 500 hogsheads are already taken by the drift boats, and the fish are drawing nearer the shores. Several small shoals have been seen from the hills, but in too deep water to be enclosed. MOUNT'S BAY - On Monday night last, the drift nets secured from one or two hogsheads per boat, and the prospects of the season are very promising.

CAUTION TO WAGGONERS - On Wednesday afternoon, the 13th instant, a waggon belonging to MR. GEORGE TREWEEKE, of the parish of Breage, heavily laden with copper ore, attempted to proceed across the causeway from Marazion to St. Michael's Mount, before the tide had receded sufficiently to allow it to do so without danger. The waggon had not gone far, before the horses were obliged to swim, and the poor affrighted animals turned into still deeper water. Assistance was speedily at hand, and several boats put off and arrived just in time to save the life of a lad who had been riding the fore horse, which was unfortunately drowned. With the utmost difficulty, the other horses were set at liberty, and towed to land. Several other waggons were following, but stopped in time to avoid danger.

COMMITTAL OF A VAGRANT - On Monday last, a vagrant, who stated his name to be HENRY FRY, of Hammersmith, was committed to Bodmin tread-mill, for three months, by the REV. S. CHILCOTT, for begging, and insulting MR. BISHOP, of Tintagel, in a most outrageous manner.

MINE ACCIDENTS - On Tuesday morning last, as R. MORRIS, the engineer of Wheal Boscastle mine, was proceeding, as it is supposed, to cut a candle in the engine-house, in passing by the fly-wheel, he fell between it and the wall, and was very much injured, his collar-bone being broken, &c. He now lies in a very precarious state.

On Tuesday se'nnight, as two men, named AMBROSE TREMBATH and PHILIP EDWARDS, were at work in Balleswidden mine, preparing a hole for blasting, the charge suddenly ignited, and it is feared Trembath will lose his sight. The other is recovering.

On the 7th instant, as a man named JOHN ADDICOAT was at work at Wheal Spearn Moor mine, preparing a hole for blasting, the charge exploded, and he was so much injured that there is no hope he will ever again have his eye-sight.

CORONER's INQUESTS - The following inquests were held before JOHN CARLYON, Esq., coroner, on Saturday last: At Penryn, on the body of THOMAS NICHOLLS, aged two years. From the evidence of ELIZABETH REYNOLDS, the grandmother of the deceased, it appeared that on the preceding Tuesday afternoon she had just put some boiling water in a teapot, and placed it on the table, when the deceased ran into her house and caught hold of it. In attempting to take it away from him the cover broke, and the contents fell on deceased and scalded him so badly that he died the following Thursday.

At Carnon Gate, Feock, on the body of EDMUND BUZZA, aged 20 years, who was killed last Friday by a scale of ground falling on him in a clay pit, near the United Mines, in Gwennap parish.

Verdict in each case, accidental death.

And at Chacewater, in the parish of Kenwyn, on the body of ANN PAUL, aged 65 years, who, whilst drinking tea with a friend on Thursday last, was suddenly taken ill, and removed to her daughter's house near by, where she expired in a few hours. Verdict, apoplexy.

On Monday last, Mr. Carlyon held an inquest at Redruth on the body of HENRY TREVENA, who was killed at South Wheal Basset mine, on Saturday last. The deceased was a lander at Tagur's shaft, from whence the ore is raised by means of a whim engine; and from the evidence, it appeared that the miners were frequently in the habit of going to their work by passing over the fly wheel pit, and through the arms of the wheel when it was not in motion. This was not allowed by the agents of the mine; but from its being a short cut, particularly for the landers at Tagur's shaft, it was generally preferred to the regular road. In the present instance, the deceased was found dead at the bottom of the wheel's pit, and although no one saw the accident, there is little doubt that as he was passing over the wheel pit, the wheel turned round, and he was knocked down by one of the arms. The jury returned a verdict of accidental death, and at the same time requested the coroner to call upon the agents of the mine to erect a kind of screen between the whim-house and the wheel pit, so as to prevent the miners from passing that way.

Stannaries Court

STEPHEN DAVEY and ANOTHER v. HENRY MICHELL Plaintiff was purser of Wheal Comfort mine, and defendant an adventurer in the same mine. The purser petitioned for costs in arrear, but the defendant was non-resident within the jurisdiction of the Stannaries. Mr. SIMMONS moved that the notice having been affixed against the counting-house of the defendant, it should be deemed good service. The motion was entertained, and a rule absolute granted.


29 AUGUST 1845, Friday


LOCAL INTELLIGENCE

MARHAMCHURCH - It has been from time immemorial the custom in this parish for the rector to give his parishioners a dinner when he receives the tithe; but the present law having rendered him independent of their good will, he gave them notice to go to their market town (Stratton) and there pay the amount to his solicitor. The farmers not liking to depart from ancient custom, resolved at once to have a dinner at their own cost, and invite their clergyman; and upon his refusing the invitation, he was told that he must send some one there to receive the amount, or collect it at their own houses. CECIL MAY, Esq., of Langford Hill, presided, and the dinner passed off in a manner that did MRS. SYMONS, the hostess, much credit.

THE POTATOE CROP - We are happy to learn, that in the potatoe grounds of Illogan, Redruth, Gwennap, and Camborne, the plants are decidedly recovering from the blight which has given so much alarm, and that the stalks are now exhibiting, in these, as well as many other parts of the county, as much vigour as if nothing of an injurious kind had ever happened to them. [This is the first mention of a serious blight on the Cornish potato crop, as far as we know, for 1845; it's a bit misleading]

BELL-RINGING - A ringing match took place a few weeks since, at Lanivet, on a peal of six bells, when the prizes were awarded as follows: 1st prize, to the parishes of Roche and St. Austell, united; 2nd prize, to Roche; 3rd prize, to St. Kew and St. Issey, united; 4th prize, to St. Columb.

WHEAL BUCKETTS MINE, NEAR REDRUTH - A correspondent informs us that the workings of this mine are resumed, and are to be effectually carried out by a very respectable company of London and Cornish adventurers, under the management of MR. GILL, of Menadews, and practical underground agents.

MOUNT's BAY FISHERY - The driving boats have been very successful during the last three weeks, since their return from the Irish fishery. Many of them have brought ashore fifteen hogsheads of fine pilchards, and the average has been about five hogsheads each. During the past week, the total quantity secured by the Bay boats has been about 1,000 hhds., and during the three weeks, nearly 3,000 hhds. On Saturday last, the sein belonging to Messrs. Batten and Co. shot and secured about 16 hhds, and on the following day, the sein belonging to Messrs. Davy and Co., brought ashore a similar quantity. The principal portion of the fish has been placed in bulk, whilst some have been retailed at 1s.8d. per hundred, and distributed in the country. The prospects of the pilchard fishery, upon the whole, are very encouraging, and the fishermen are in high spirits.

TRURO POLICE - On Monday last, WILLIAM ANDREW, ISAAC ANDREW, and JOHN CHEGWIDDEN, all of Kenwyn, were charged with assaulting policeman FITZSIMMONS in the execution of his duty. It appears from the evidence given, that William Andrew was making a disturbance in the street, and was taken into custody, when Isaac Andrew and Chegwidden afterwards rescued him. Isaac Andrew was fined 5s. with costs; the other two did not appear, and were fined 10s. each, with costs. On Wednesday, JANE WATERS was charged with drunken and disorderly conduct in the streets, and was fined 5s. with costs.

CATTLE STEALING - On Sunday, the 17th inst. about nine o'clock in the evening, two fat cows were stolen from MR. WILLIAM NORTHY, a farmer in the parish of Creed. The cows were taken out of a house in the field, where there were three others feeding, just after Mr. Northy's man had seen them the last time for the night, and driven off, as it appeared the next day, towards Plymouth. The owner and his friends, after much trouble, succeeded in tracing them to St. Germans, and at last found them in the possession of a fellow who gave his name as JOHN WILLIAMS, and afterwards JOSEPH WILLIAMS, and who had sold them to a farmer at St. Germans; but suspicion falling on the seller before the money was paid, the thief, after stout resistance, was captured by an active constable of St. Germans, assisted by Mr. PALMER's son, and finally committed to the county gaol to take his trial at the next sessions. The cows were worth nearly GBP 30, and it supposed that two other suspicious characters were accomplices in the transaction, but the evidence against them was not sufficient for their committal.

A DEPRAVED SCOUNDREL - A man named ANTHONY HAWKEY, between forty and fifty years of age, has lately been outraging public decency by exposure of his person on the public walks in Truro. He was supposed to appear before the magistrates on Wednesday last, to answer for his disgusting conduct, but has decamped, and, it is rumoured, gone to America. If this be the case, the public have cause to rejoice in being delivered from so hateful a scamp.

SMUGGLING - On Thursday, the 21st instant, Mr. HENRY WILLIAMS, gunner of H. M. packet "Express," was brought up upon a charge of smuggling on board that vessel, the custom house officers having found concealed under his bed seven boxes of cigars, nearly 40 lbs. of Cavendish tobacco, and several bottles of brandy and wine. The case was adjourned until Monday to await the instructions of the Board of Customs, when he was again brought up, pleaded guilty to the charge, and was sentenced to pay a fine of GBP 100, and six months' imprisonment.

CORONER'S INQUESTS: The following inquests have been held lately by W. HICHENS, Esq., coroner: On the 21st instant, at Portreath, in the parish of Illogan, on the body of JAMES BLEWETT, a coal-weigher, aged about 66 years, who was taken ill whilst at his labour on the preceding day, and expired almost immediately. Verdict, natural death, supposed to have been caused by a apoplectic seizure. On the 23rd instant, in the parish of Uny Lelant, on the body of MARY WEBBER, aged about 9 years, who met with her death on the preceding day, by her clothes accidentally taking fire in her father's house, whilst she was engaged in getting ready his dinner, which was at the time over the fire. Verdict, accidentally burnt. And on the 25th instant, in the parish of Sithney, on the body of SAMUEL HENRY ROBERTS, a lad about 10 years old, whose death was occasioned on the 23rd inst., by falling as he was getting off the shafts of a cart on which he had been kneeling, and rolling under one of the wheels, whereby he received such injuries about his neck and head as to occasion his death on the same day. Verdict, accidental death.

SCILLY

QUICK PASSAGE TO CHINA - Letters have just been received from CAPT. PERCIVAL, of the barque "Monarch," of Scilly, from Shanghae, one of the northern ports of China, stating that the "Monarch" had made the voyage to that port from England in 140 days, nothwithstanding her having to take the eastern passage on account of the N.W. monsoon. This is the quickest passage that has been made by any vessel since the opening of the Chinese ports. The "Monarch" loads home with teas at four guineas per ton, and is expected to call at Scilly for orders about the latter end of September. The "Nautilus," of Scilly, brought the first cargo of teas to England from Ningpo, after the Chinese war.

THE ALOE - There is, at present, in the Isle of St. Martin's, an Aloe which has run up to the height of twenty feet, and will shortly be in full bloom. This rare plant attracts a good deal of attention in the Islands; and indeed a sight of it would be well worth the expense of a trip across from Penzance by the "Lionesse."


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