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From: "Judy Waddell" <>
Subject: Re: [CORNISH] CORNISH Digest, Vol 2, Issue 211
Date: Tue, 10 Apr 2007 16:58:43 +1000
References: <>

I did not recieve Part 1. Did any one else have this problem? Regards Judy

> West Briton and Cornwall Advertiser, Friday, 13th January, 1843.
> Part 2.
> PENZANCE QUARTER SESSIONS - Monday last, was the day fixed for holding
> these Sessions, and the Recorder, Magistrates, Juries &c., attended. The
> Court having been opened, John ROSCORLA, Esq., moved to have an appeal
> entered and respited against an order made by his worship the mayor, and
> Joseph CARNE, Esq., for the removal of John WARREN from Penzance to Stoke
> Dameral. The mayor, (Richard PEARCE, Esq.) then addressed the Recorder
> and
> Court in a neat speech, congratulating them on the state of the town and
> on
> the fact there was not a single prisoner for trial, which he felt sure was
> an agreeable announcement to all present. His Worship concluded his
> address
> by presenting to the Recorder a pair of gloves, emblematical of the state
> of
> the borough. The Recorder thought it would be a waste of time to swear
> the
> jury, and congratulated the town on hearing the report of the mayor.
> After
> thanking the gentlemen of the grand and petty juries for their attendance,
> the Court rose, and the Recorder, Magistrates, and Town Council proceeded
> to
> the residence of the Mayor.
> ST AUSTELL PETTY SESSIONS - At these sessions, held on Tuesday last,
> there
> were seven cases of assault from Mevagissey. Two men, named Henry HARRIS
> and James LULY, were charged with having assaulted a married woman, and
> were
> fined GBP3 each, and GBP1. 7s. 6d. expenses. In another case, Thomas
> was charged with having assaulted Josiah DUAN [Dunn?], and was fined 10s.
> and expenses.
> FALMOUTH - On Tuesday lst, four young men were summoned before J. FOX,
> Esq., Mayor, and John HILL, Esq., one of the Magistrates of Falmouth, for
> an
> assault on Frazer DUCKHAM, one of the apprentices at the Falmouth Packet
> newspaper office. It appeared that the complainant had frequently
> neglected
> his work, and had been threatened with a "cobbing" from his fellow
> apprentices if he did not do his part, and on Friday last they put their
> threat into operation, considering they had a right to do it. The bench
> could not help finding the defendants 1s. each and costs, for the assault.
> The new mayor of Falmouth, J. FOX, Esq., has given the two mace bearers
> new
> cloaks, of a far better description than usual, and they have their hats
> much more abundantly covered with wide gold lace. We understand the
> Mayor's
> dinner to the Recorder and Council was on an exceedingly profuse scale,
> and
> did credit to the host and hostess. Although they belong to the society
> of
> friends, there was nothing wanting to support the dignity of the feast or
> the office of mayor.
> TRURO POLICE - On Monday last, Francis RICHARDS, landlord of the Blue
> Anchor Inn, appeared before the Magistrates for assaulting HARE, a
> policeman, and was fined GBP3 and costs.
> DARING BURGLARY - On Wednesday night, the 4th instant, the offices
> adjoining the residence of PRESTON WALLIS, Esq., solicitor of Bodmin, were
> broken into through the roof, and an entrance effected by cutting down
> through the plastering. The thieves then broke the drawers to pieces, and
> stole about GBP25 in cash, and other property of the value of GBP4, with
> which they managed to make off. As two men of bad character, named John
> HILL and John HALL, had only the day before been liberated from the gaol,
> suspicion immediately fell upon them, and upon enquiry being made it was
> ascertained that one or both of them had said to a fellow prisoner that if
> they were again brought there it should be for something worth while. On
> being liberated, they watched their opportunity, which was very soon
> afforded them, as Bodmin is now without any lights, and broke into a
> carpenter's shop, where they stole some chisels and other things useful to
> housebreakers; they then went to a quarry and stole a bar and pick, and
> with
> all these instruments they contrived to do their work. They left the
> instruments behind them. Among the things stolen was a Bank of Elegance
> note of GBP50. A pursuit was made, and information sent to every part of
> the county; and we are glad to be able to add that on Friday one of the
> men
> was apprehended at Millbrook, near Devonport, and on Monday the other man
> was taken at Probus. There can be no doubt of their being the burglars,
> as
> they had been at Devonport and bought new clothes, for which they tendered
> in exchange a Bank of Elegance not for GBP50. This was refused and the
> men
> accounted for the possession of that and their other money by saying that
> they were smugglers; and they left their old garments with the shopkeeper
> of
> whom they purchased new ones. The prisoners have been committed to the
> assizes for trial.
> SCILLY - On Sunday, the 8th instant, during a heavy gale from N. N. W.,
> the "Providence," Coast Guard cutter, parted from her moorings in St.
> Mary's
> pool, and drove on the rocks and filled. The extent of her damage is not
> yet known, as she does not dry with the present neap-tide.
> CORNWALL EPIPHANY SESSIONS - Second Court, January 4. Before John
> PAYNTER, Esq. Receiving Stolen Goods - William RICHARDS, 16, and Samuel
> GOLDSWORTHY, 15, were charged with having stolen certain quantities of
> brass
> castings, the property of John SILVESTER, Esq., Helston, and other
> adventurers in Wheal Vor mine, in Breage, and Thomas DEAM alias BRIXHAM
> TOM,
> alias Tom the Boneman, 56, was charged with having received the same known
> them to have been stolen. Mr. JOHN and Mr. TYACKE appeared for the
> prosecution, and Mr. SHILSON appeared for Richards, and Mr. BENNALLACK for
> the other two prisoners. Mr. John stated the facts of the case as they
> will
> be found in the evidence. The eldest prisoner, he said, was a dealer in
> marine stores, at Helston, and if it were not for persons of his
> description
> the boys would not have been induced to commit the crime. He well knew
> that
> the brass was stolen, and he gave for that which was worth 8d. only 4d.
> per
> lb. Mr. John dwelt upon the circumstances that the adventurers of Wheal
> Vor
> were desirous of sparing the boys because they believed that they had been
> led into the commission of the crime; at the same time it was necessary
> that
> the crime should be brought home to them in order to convict the receiver.
> John Gilbert, examined - Was an engineer and worked at Wheal Vor; the
> brass
> and other castings are made on the mine; remembered seeing a quantity of
> brass on Saturday, the 19th of November; at the time he left the shop in
> the
> evening there was some brass on the bench. On the following morning when
> he
> came by the house he saw that the shutter was open. He went and informed
> Thomas RICHARDS, the son of Capt. Richards, and brother to one of the
> prisoners. On Monday morning they examined what brass was gone. They
> found
> a brass valve, a gudgeon brass, and two rollers wanting. Thomas Richards,
> examined - Was an engineer at Wheal Vor, and worked in the shop.
> Remembered
> leaving the shop on the 19th of November, about seven in the evening.
> Some
> days before that he saw a brass valve there. When he left he locked the
> door, and saw that the shop was fastened up. In consequence of
> information
> that he received on Sunday morning, he went to the shop, and found the
> window half open. He fastened it. There were two doors in the shop. The
> next day they examined the shop, to see what brass was gone, and they
> found
> several brasses missing among which were the articles mentioned by the
> last
> witness. Wm. JEFFREY, examined - I live near Wheal Vor, and know the
> prisoners Richards and Goldsworthy. They live near me; they have been my
> companions, and I know them very well. I remember the Sunday before Truro
> fair, in the month of November. I know the fitting up shop of Wheal Vor
> mine. I was at that shop on the Sunday morning. Richards and Goldsworthy
> were with me; we were there at four o'clock in the morning; it was dark;
> on
> going there we forced open the shutter, and Richards went in. The door
> was
> locked, and the windows were fastened. The staple came out by pulling it,
> and I knew that the shutter was opened. Richards opened the door, and
> then
> Goldsworthy went in; they went up stairs together; they came down again,
> and
> after they came out I and Richards went in. They brought out two square
> pieces of brass with them. I and Richards went in afterwards and brought
> out a brass valve. We did not take any thing more on that occasion. We
> took two pieces with us, and left one on Chynoweth's hedge. We took
> Richards's father's horse, and went to Helston with them. That which was
> put on the hedge was a brass valve. For the other two we received 9s. at
> 4d. per lb. We went to Helston with them to Thomas Deam's. I knew him
> before; he calls himself Brixham Tom, and is generally known by that name,
> and also by that of Tom the Boneman. We were all together on Sunday
> morning. We had slept at Wolfe's boiler house on the mine, and had agreed
> to go there in the morning. We also agreed to go to Truro fair the next
> day. The brass was put on the horse in an old jacket. Richards rode the
> best part of the way, and I got up behind him. We arrived at Brixham
> Tom's
> about five in the morning. Richards halloed, and we were answered by Tom.
> We had been there before - the three of us, more than once; he knew us
> all.
> He came to us; we went in. Tom the Boneman opened the door for us, and
> when
> we got in he locked it, and then weighed the brass. I am not exactly sure
> what he told us the weight was, but he was to give 4d. a pound, and he
> said
> it was 9s. Something was said about the other brass that we had left
> behind. He asked when we were coming again, and we said we had a piece to
> bring in the evening. He kept back a shilling or two of the money in the
> morning; he said he had not got it, and that he would rightee when we came
> again in the evening. It was arranged that we should come in the evening
> with the other piece. We stopped about an hour. During that time his
> wife
> came down and made some cakes for us, and we remained and had our
> breakfast.
> He told us if we were found out, not to say any thing about him. He told
> us
> that in the morning. In the evening we took the valve in. We delivered
> it
> to Tom the Boneman; he weighed it, and gave us 7s. or 8s. in the whole
> with
> what he owed us before. We never went to Truro fair. I know a man named
> PENHALL; we saw him at the Boneman's on Sunday evening; he was not there
> above a minute or two before we went up to PENELIGGON's beer shop. I have
> seen Tom the Boneman put brass upon the fire, and after it was hot, try to
> break it.
> Cross-examined by Mr. Shilson - I was examined before the magistrates; was
> brought up to the count-house, and went from the count-house to Helston,
> and
> there I have been living every since; I was kept there because no one
> should
> have anything to sat to me about it; I worked in service for Mr. JACKA.
> They said if I confessed the truth I should be better off. By Mr. John -
> Tom the Boneman said when he bought the brass that he always broke it
> small
> before he put it away. William Penhall examined - I remember a few weeks
> ago being at Deam's house on a Sunday evening, about six or seven weeks
> ago;
> whilst I was there the two younger prisoners and Jeffery came; they went
> out
> again when they saw me. Richard CHAPPEL examined - I am constable of
> Helston. I know the prisoners; apprehended Goldsworthy; before he was
> examined by the Magistrates he told me that he had sold to Tom the Boneman
> some bones, and he asked me to get some stuff; I asked him what sort, and
> he
> said taking a piece out of his pocket, "like this." Goldsworthy said he
> went and got something like that, and so he had gone on from little to
> much
> till he had got him to that pass. Before Deam was examined before the
> magistrates he acknowledged that what Goldsworthy had said was true. Deam
> said to me in the presence of another prisoner named MANUEL, that he
> should
> like the right horse to have the right saddle, and he made use of other
> words which appeared to me to mean, that he and the boys were rightly
> charged. I don't recollect exactly the words that he used. Something was
> said about brass, and Tom the Boneman said he bought the brass of the
> other
> two prisoners. The statement was made by Goldsworthy; I also heard
> Richards
> say he brought the same. Mr. Thomas Phillips TYACKE proved that Mr.
> SILVESTER was one of the adventurers in Wheal Vor mine. The depositions
> were put in, and in that of Deam the prisoner had stated "all I have to
> say
> is that I have bought the brass and paid for it; somethings what the boys
> has said is true, and some is untrue." Mr. Shilson addressed the jury on
> behalf of Richards, and Mr. Bennallack on behalf of the other two
> prisoners.
> The Court then summed up, and the jury found all the prisoners Guilty,
> Six
> Months' Hard Labour. Thomas Deam, for receiving the goods, Ten Years
> Transportation. The Court expressed its determination to punish severely
> this class of offence; receivers of stolen goods being the great
> encouragers
> of crime.
> Richards and Goldsworthy were again indicted for a similar offence, and
> William Manuel, 22 of Helston, was charged with having received the brass,
> knowing it to have been stolen. In this case the evidence was not
> conclusive against the prisoners, and a verdict of Not Guilty was
> returned.
> 28,
> pleaded Guilty of having stolen, at Bodmin, three tooth-drawing
> instruments,
> the property of John WARD, Esq. - Three Months' Hard Labour.
> with stealing 20 fleeces of wool, the property of Richard VERCOE, a
> wool-stapler of Bodmin. Mr. JOHN conducted the prosecution; and Mr.
> the defence. The prisoner had been in the employ of the prosecutor for
> some
> years previous to September, when he went into the service of Mr. OLIVER
> at
> the Hotel. The prosecutor stated that he carried on business in
> Back-street, in premises adjoining his residence. There was one entrance
> to
> his work shop from his residence, and another from Oliver's backyard. On
> the 15th of December, prosecutor had about 15 cwt of fleeces in his
> wareroom, which he had got at different places. It had not been washed.
> Some of it was marked with ruddle[?]; and there were different coloured
> soils about the fleeces. On Saturday, the 17th, witness found the pile of
> fleeces much diminished. These fleeces were kept in a large room up
> stairs.
> The premises consisted of two comb shops and a wash house on the ground
> floor; and the ware room up stairs. A person by getting into the wash
> house
> might get into the upstairs room. There was no entrance to the ware room
> from stairs outside; and also inside from the wash house. The prisoner
> was
> now employed as a labourer on farm work, and had nothing to do with wool.
> When prisoner lived with witness, he had two keys belonging to the outer
> door, one of which prisoner was occasioned to have over night when he
> wanted
> to go to the premises early in the morning. This key witness had missed
> for
> a considerable time. On the morning of Saturday the 17th, witness
> examined
> the premises, and noticed that a person had climbed over the back door.
> The
> outer door of the store room did not appear to have been opened. The key
> of
> the back kitchen and the key of the yard door, witness found in prisoner's
> dresser at his dwelling, on the road leading to Helland Bridge. When the
> constable took out the large key, witness said, "That is the key of our
> yard
> door." Prisoner said, "yes, it is." The key had been lost about 12
> months.
> When prisoner was apprehended, he said he had received the wool from a
> brother-in-law at Helland. On his being asked who his brother-in-law was,
> he said his brother-in-law had left and gone to America in June or July.
> Some time after, prisoner said he had had the wool about five weeks, and
> had
> purchased it of a man in Prior's Barn Lane. The wool was brought into
> Bodmin on the following Monday by Mr. NICHOLLS. (The wool was not
> produced,
> and witness stated it agreed with what he had in his pile.)
> Cross-Examined. - Prisoner had been in his employ about 11 years, and did
> not leave for any bad conduct. The number of fleeces in the pile was
> about
> 200. Did not know who was the last person in the ware room on the
> Thursday
> the 13th of December. Could not tell at what time of the day he himself
> was
> last in the room. Did not look particularly at the pile on the Thursday.
> Did not see it again till the Saturday morning. The pile was then reduced
> considerably. Should think about 70 or 80 fleeces were gone. Witness had
> four men in his employ, one of whom was steadily employed in the ware
> room.
> Other persons may have bought wool similar to that now produced in court.
> When wool staplers buy wool of a farmer, they generally buy all his flock.
> Each farmer has usually his own particular mark. Would not swear to the
> wool produced, further than that he verily believed it to be the same,
> because it looked much like it. When prisoner was asked how he came to
> give
> two accounts of his coming by the wool, he said he got one lot at one
> place,
> and another lot at another place. Witness's back premises adjoined Mr.
> Oliver's. A van and carts from the Temperance Hotel, and a gig belonging
> to
> the surveyor of taxes, were allowed to be kept there.
> Re-Examined - Witness's men, in his employ, have no access to the
> premises, except when working there by day. Prisoner gave three different
> accounts of his coming by the wool. He did not say that he had purchased
> three lots. Only Mr. Bray, Mr. Oliver, and witness had a right to the
> back
> entrance of his premises. Benjamin CRABB was in the employ of prosecutor.
> On the 13th of December, he worked in his master's comb shop. Prisoner
> came
> there, and after asking to see John CHAPMAN, who was not there, he went
> out
> by the back door. On Thursday, the 17th, witness saw prisoner on the
> premises about seven in the evening. He then stayed about three quarters
> of
> an hour, and came into the comb shop. The prisoner went away by the back
> way. That was not a public thoroughfare. Witness produced a quantity of
> wool, which he had just fetched from Mr. Vercoe's store room. That wool
> was
> in the store room on the Thursday night referred to. Witness had no doubt
> that the fleeces now produced, as taken from the prisoner, were taken from
> Mr. Vercoe's pile. Cross-Examined - Witness locked up the premises when
> he left on the Thursday night. Neither Mr. nor Mrs. Vercoe was there
> then.
> The workmen are sometimes on the premises when Mr. and Mrs. Vercoe are not
> there. Mrs. Vercoe, wife of prosecutor, worked a good deal of the wool
> herself in the fleece room. On Thursday, the [?] of December, she was
> there, and left around four and five o'clock in the evening. On Friday
> morning she was the first to see the pile. She had taken particular
> notice
> of the pile on the Thursday evening; and was the last to leave the room;
> though she did not lock it up. On the Thursday evening, there were
> several
> fleeces loose in front of the pile. On Friday morning, those loose
> fleeces
> were gone. She did not see any difference in the pile itself. The
> fleeces
> now produced were much like those in front of and in the pile. Had no
> doubt
> the wool belonged to her husband. There may have been a cwt. or more
> taken
> from the loose fleeces. Cross-Examined - Did not think the pile had been
> touched. No one could swear to a fleece of wool. Never knew of the
> prisoner being called HARRIS. He always went by the name of Trenoweth.
> His
> mother's maiden name was Harris.
> Richard COLLINS had resided at Lostwithiel for many years. On the 17th of
> December, he was at the King's Arms there, and saw prisoner there, sitting
> by the fire, opposite Mr. Nicholls. Witness came in and spoke to
> prisoner,
> and he immediately rose up and passing by witness, touched him by the
> coat.
> Witness thought he had something to say, and followed him out of the room.
> Prisoner said to him, "Collins, don't you let him (Nicholls) know who I
> am."
> Prisoner then left and witness saw no more of him afterwards. William
> LAPHAM, carrier between Bodmin and Lostwithiel, stated that prisoner came
> to
> him about 6 o'clock on the morning of Friday, the 16th of December, and
> said
> he had put two bags of wool in the van, in the street, which he wished
> witness to carry to Lostwithiel, and deliver at the public-house lately
> occupied by George VINCENT, and not to carry them where he had carried a
> lot
> before. Witness had carried wool for prisoner in October. The two bags
> appeared to contain wool. Witness delivered the bags at the house named
> by
> prisoner. It was then occupied by Mr. Stevens. Joseph STEVENS, landlord
> of
> the Town Arms, Lostwithiel, on the 16th of December, received two bags of
> wool from Lapham. On the following day, witness delivered up the bags to
> prisoner in the evening. The bags were similar to those produced in
> Court.
> Prisoner took away the bags, and on coming back with the empty bags, he
> desired witness not to tell Mr. Nicholls who he was. Robert Nicholls, a
> wool dealer, living at Lostwithiel, first saw prisoner at witness's house
> in
> October. Witness bought some wool of him. He said his name was Harris.
> Witness saw him again on the 17th December, about seven o'clock in the
> evening. Prisoner asked witness what he was giving for wool. Witness
> said
> if the wool was good he could give 7d. Witness asked him his name and
> where
> he lived. He said he lived at Warleggen, and that his name was Harris.
> Witness told him he considered Warleggen wool not worth the money, as it
> was
> a rough country for wool. Prisoner told witness he might depend the wool
> was very good. Witness then said, if the wool was found good, he would
> give
> 7d.; but it was late, and an inconvenient time, and he would rather not
> weigh it that evening. Prisoner said, "I hope you will; for you may
> depend
> it is hard times with little farmers to pay rates and taxes." Prisoner
> then
> went away and brought back two bags of wool. They appeared to be two malt
> packs. On turning out the wool, witness complained of a fleece or two;
> and
> prisoner told him he had put a fleece or two in a coal bag. Witness then
> weighed the wool. It was 129 lbs., and came to GBP3. 15s. 3d. Witness
> asked him to change a GBP5 note. Prisoner said he could not; for he had
> not
> got a shilling in his pocket; it was bad times with small farmers. On
> turning out the wool, witness found the wool was not all of one flock, and
> again asked prisoner where he got it. He said he and two others had it at
> half-crease; and that he lived about a mile from Warleggan church-town.
> Witness and prisoner then went to the King's Arms, to change the note. It
> was about 20 fleeces witness bought of prisoner. Witness afterwards
> delivered it to the constable Hawken. Witness had seen Mr. Vercoe's heap,
> and had no doubt what he bought of prisoner came from that pile. Witness
> never before purchased in so small a quantity so large a variety of wool.
> Cross-Examined - The wool was sold at a fair price. Nicholas HAWKEN,
> constable of Bodmin, on Monday the 19th of December, examined the
> prosecutor's premises, and found that some person had climbed over the
> door
> leading into the back way. There was glass taken out of the wash-house
> window, so that a man might have been through into the wash-house, and
> thence into the fleece-room. It would require that a person should have
> some knowledge of the premises to find his way about at night. On the
> Sunday night, witness went to prisoner's house with Mr. Vercoe, and found
> six sacks. Two were tied together and had wool about and in them. They
> were malt sacks, and had the name of Mr. OLIVER marked on them. In the
> dresser, witness found two keys, referred to by the witness Vercoe. Grace
> HAMLEY, lived as servant with prosecutor's mother. The courtlage of Mrs.
> Vercoe's house is bounded on one side by prosecutor's work shop. One of
> the
> doors, and two windows of prosecutor's comb shop opened into Mrs. Vercoe's
> courtlage. On Thursday evening the 15th December, about half-past eight,
> witness bolted the door which led from her mistress's courtlage into
> Oliver's yard. On the following morning she found the door unbarred. In
> the window of the comb shop, two panes of glass had been taken out of the
> window, leaving a space large enough for a man to go through. The
> prisoner's examination before the magistrates was then put in. In it he
> stated that he bought the wool in Prior's Barn lane of a man who said it
> was
> grown in Warleggen and Cardynham. It was 19 fleeces, and weighed 128
> lbs.,
> and he (prisoner) gave 5 1/2 d. per lb. This was about five weeks since.
> On Thursday, the 15th December, he went to Mr. Vercoe's comb shop, and
> asked
> him what he was giving for wool. Mr. Vercoe said he was giving 5d. and
> 6d.
> Prisoner did not sell it, for he thought he could get more at Lostwithiel.
> Prisoner understood afterwards that they were giving 7d., and he sent the
> wool by Lapham to Lostwithiel, where he sold it to Mr. Nicholls. Mr.
> stokes
> address the jury for the prisoner. - Verdict Guilty. Six Months' Hard
> Labour, with One Month Solitary. In sentencing this prisoner, the
> Chairman
> said; "In your case, the hand of providence has been most clearly
> manifested; for a more complete chain of circumstance to bring home
> conviction, I scarcely ever remember. You were pursuing your crimes, when
> in due time suspicion fell upon you, and eventually conviction. Had not
> this been your first conviction, we should have sent you abroad."
> JOHN BENNETTS, 29, charged with stealing pork, the property of John
> The prosecutor and prisoner are both butchers attending St. Austell
> market,
> where it appears, it is customary for the butchers, after the Friday's
> market, to put any meat remaining on hand in a room belonging to the corn
> market, until the following day's market. On the 2nd of December,
> prosecutor had two pieces of pork in this room, one of which was found
> missing on the following morning. Some suspicion attached to the
> prisoner;
> though it was shown that all the butchers and other persons had access to
> the place where the unsold meat was kept. It appeared also that almost
> the
> only evidence against the prisoner was an expression construed as an
> admission of guilt, made use of by him to the constable WILLIAMS, another
> butcher at St. Austell, after his apprehension. But, on
> cross-examination,
> the constable stated he was uncertain whether on being charged with the
> offence, the prisoner said "I don't mean about this," or "I don't deny
> about
> this." An excellent character was given of the prisoner by Mr. George
> ANDREW, of St. Mawes, and Mr. George YELLAND, of St. Stephens. It was
> shown
> that the witness Williams and the prisoner had quarrelled about their
> business as butchers. The jury stated that the two pieces of pork brought
> in prove the property did not match and they returned a verdict of
> Acquittal. In summing up the evidence, the Chairman made some strong
> observations on the impropriety of constables, attending Sessions,
> allowing
> the business on which they attend to be made the subject of pot-house
> conversation.
> SINGULAR CIRCUMSTANCE - Mary Jane THOMAS, 19, was charged with stealing
> a
> pair of stockings and other articles of dress, the property of Charles
> FOARD, miller, of Crowan. When the Grand Jury returned the bill in this
> case, they deemed it proper to send into Court attached to the bill, a
> pair
> of white stockings, which they had, under the peculiar circumstances of
> the
> case, taken from the custody of the constable. Hannah FOARD, wife of the
> prosecutor, stated that the prisoner was in her employ, to clean the
> house,
> on the 21st of December and two following days. She left on Friday the
> 23rd, and Mrs. Foard, after seeing her dimity pocket on the prisoner's
> person, and vainly endeavouring to get it back again at the prisoner's
> dwelling, proceeded with a constable thither on the following Wednesday.
> The constable searched the house, and in the prisoner's bedroom up stairs,
> put his hand into a hole in the ceiling, and took out a pair of stockings,
> which Mrs. Foard identified, by marks and darns, as her property. These
> stockings, Mrs. Foard stated most positively, were put into the
> constable's
> custody, at the examination before the magistrate, but the stockings
> presented by the constable before the Grand Jury, and again exhibited in
> Court, Mrs. Foard as positively swore were not her property. The
> constable,
> Thos. SIMMONS, after relating the circumstances of the search, stated that
> the stockings found by him in the ceiling were identified by Mrs Foard as
> her property, and given into his custody before the magistrate, and had
> been
> in his possession from that time till he gave them up before the Grand
> Jury.
> On the stockings being produced in Court, the constable positively swore
> they were the same as delivered to him; while Mrs. Foard as positively
> swore
> to the contrary, adding that her stockings, found in the ceiling, were
> sewn
> like those now produced, but had a little rip in the heel, which was
> wanting
> in these. The constable being questioned by the bench as to his care of
> the
> stockings, said that when he received them before the magistrate, Mr.
> PASCOE, of St. Hilary, it was about four o'clock in the afternoon. He
> thence went to Penzance to Mr. ROSCORLA, with the depositions, and was in
> but one house, where he waited for the van, and had one glass of beer. He
> had the stockings all the while in his breast pocket. It was nearly ten
> o'clock when he got back to his home. He then put the stockings into a
> drawer, which he locked, and kept the key in his own pocket; and no one
> living had access to the drawer but himself. The Chairman, after these
> strange contradictory statements, and the failure of proof as to the
> identity of the property, directed a verdict of Acquittal.
> W. BERRYMAN, 19, J. BERRYMAN, 18, M. LAWRY, 20, J. HOOPER, 37, and J.
> JEFFERY, 35, were charged with having violently assaulted and beaten
> Edward
> ENNOR, in the parish of St. Agnes. Mr. HOCKIN for the prosecution, Mr.
> BENNALLACK for the defence. The prosecutor was a gamekeeper in the employ
> of Messrs DAVEY, of Redruth, for the manors of Tywarnhayle and Mithian, in
> St. Agnes and Perranzabuloe. The prisoners lived in the neighbourhood.
> On
> the evening of the 5th of December, the prosecutor and 13 men had been
> employed in putting up a steam apparatus for steaming turnips, and in the
> evening of that day, they all went to the Chiverton Arms, kept by Wm.
> CHYNOWETH. Here they saw the five defendants, and two other men with
> them.
> Soon after Ennor and his party entered, the defendant Jeffery said
> "There's
> that d----d old Ennor---that d----d old informer," and offered to fight
> him.
> Ennor did not then speak to him, but went with his party into another
> room.
> Jeffery kept up the same discourse; till the landlord coming in to Ennor's
> party, Ennor told him if he did not keep Jeffery quiet, he should leave.
> It
> was then quiet for some time. The landlord then came, and invited Ennor's
> party to go into the kitchen with the other party, by the fire, promising
> to
> keep quiet. Ennor's party then went into the kitchen. After a short
> time,
> Jeffery began again, and put his fist in Ennor's face, challenging him to
> a
> fight. After they had been there some time, and had spent 6d. a piece in
> beer, Ennor's party left about ten o'clock. Six of them, belonging to
> Gwennap, parted from the others at the door. The remaining eight
> proceeded
> on the St. Agnes road, but had not proceeded above two minutes' travel,
> before the other party, mostly stripped to the skin, followed, and
> commenced
> a very violent assault on Ennor and his party. Ennor himself being the
> chief object of attack. He was knocked down twice or thrice, kicked, cut
> with stones about the head and eyes; and for a while, lay senseless. For
> some time, however, it being dark, Ennor being near the hedge, could not
> be
> seen by his assailants, or, the witnesses believe, the assault would have
> been even more violent, and the consequences more serious than they were.
> The assailants, after searching for Ennor some time up and down the road,
> and at length, it was supposed, believing him to have gone on, proceeded
> towards St. Agnes, and Ennor was led back to the public-house, by Richard
> HAWKE, one of his party. The details of the assault were described at
> great
> length in the examinations and cross-examination of the witnesses, Richard
> Hawke, Esau HUNT, and Wm. CHENOWETH, the landlord, after which Mr.
> Bennallack addressed the Jury for the defendants, and the learned Chairman
> summed up. The jury shortly found all the defendants Guilty. - Six
> Weeks'
> Imprisonment.
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> End of CORNISH Digest, Vol 2, Issue 211
> ***************************************

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