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Subject: [CORNISH] Weekly Newspaper. 12 January, 1849. News
Date: Fri, 14 Aug 2009 04:32:18 -0400
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West Briton and Cornwall Advertiser. Friday 12th January, 1849.

HELSTON QUARTER SESSIONS - At these sessions, which were held on
Tuesday last, before [..?] DACRES BEVAN, Esq., and the bench of
magistrates, there was only one case entered for trial. JANE HARRIS
was indicted for having on the 15th of November last, stolen from her
master, Mr. DREW, of Helston, several articles of wearing apparel.
There were three counts in the indictment to al of which she pleaded
not Guilty. Mr. F. HILL, was engaged for the prosecution. Mr. BORLASE,
for the defence. It appeared that some of the articles were found in
the girl's box, and others on her person, but from the fact of her not
having [l,,,d?] her box, a doubt was raised as to whether she intended
to appropriate the articles found in it, and she was accordingly
acquitted.

FALMOUTH QUARTER SESSIONS - These sessions were held on Monday last,
before J. BEVAN, Esq., Recorder, and the usual bench of magistrates.
The Recorder in his address, said he was glad that the commendations of
the grand jury at the last sessions had been attended to by the
corporation, and that the town had been maintained in health. There
were only two prisoners for trial, one named MARY O'CONNELL, against
whom there was three indictments. She pleaded guilty to the first, and
the evidence was not gone into the others. There was also an
indictment against a girl called TUCKER, for defrauding her master, Mr.
Y....r?, a German jew, by having booked beer, &c., instead of paying
for it, and keeping the money. The evidence, however, was defective
and she was acquitted.

HELSTON COUNTY COURT - This court was held on Monday last, and there
were twenty-three cases entered for trial; with the exception of three
or four the hole were either settled before trial or the plaintiffs
obtained verdicts. CARTER v. RICHARDS, occupied the court some time.
It appeared that the defendant had a verdict passed against him at the
last court, at the suit of the same plaintiff; and on the following day
after the trial the defendant committed a trespass on the plaintiff's
property by carrying away some dung and a padlock and the plaintiff
obtained a verdict.

The Porthleven Harbour Company sued JOHN DUNN for two guineas, two
years' dues due to the said company for the laying up of defendant's
boat at Porthleven. After much discussion plaintiffs obtained a
verdict.

COMMITTALS - On Saturday last, JOHN PEARCE and BENJAMIN PEARCE,
father and son, and BENJAMIN and WILLIAM PEARCE, all of the parish of
Gulval, farmers, were committed by SAMUEL BORLASE, Esq., to take their
trial at the next county sessions, on a charge of having on the night
of the 4th instant, assaulted JAMES FRIGGINS, of the same parish,
farmer, and with having robbed him of GBP10. 17s.

EXEMPTION FROM TURNPIKE TOLLS - At the Camborne Petty Sessions on the
9th instant, JOSEPH WEEKS was summoned, on the complaint of Mr. R. H.
PIKE, for demanding and taking toll from complainant, who claimed
exemption under the 3rd and 4th George IV. c. 126. s. 32, in going to
and returning from his usual place of worship at Penzance, on Sundays.
The question was argued at some length by Mr. PLOMER, on behalf of the
complainant, and the bench unanimously adopted the construction
contended for, viz:- that a person who dissents from the church of
England, is exempt from toll in going to his usual place of worship or
returning from it, although it be out of the parish in which he resides.

GAME LAW OFFENCES - On Monday last, at the Petty Sessions held at
Ruan-high-lanes, before G. W. F. GREGOR, M. G. CREGOE and JOHN
GWATKINS, Esqrs., seven cases under the game laws, were brought before
the bench. Seven convictions took place, and two were committed for
different terms of imprisonment and hard labour.

DISASTER AT SEA - The Guerilla pilot cutter of Penzance, fell in on
Tuesday last, off the Wolf Rock with the ship "Timandra," of 500 tons,
Capt WEEKS, from Havannah, out forty-one days. She has experienced a
succession of heavy gales, and was struck by a heavy sea and thrown on
her beam ends with loss of bulwarks, stanchions, boats, wheel,
binnacle, main and mizzen masts cut away, and five men washed
overboard, who providentially regained the vessel. Her poop and
top-gallant forecastle were completely gutted. The master was severely
bruised, and had his right arm broken. A boy had his thigh broken.
The "Guerilla" sent one of her crew on board to render assistance, and
she bore up for Falmouth.

VESSEL FOUNDERED - A letter has been received by the owner of the
"Maria," CHARD, master, of this port, stating that she foundered in
Swansea bay on Monday last. The crew are all saved. She was laden
with copper ore from Portreath.

WANTON OUTRAGE - On the night of the 2nd inst., a gun was fired
through the window of the parlour at Trevean, in the parish of St.
Keverne, inhabited by Mr. RICHARD MILDREN and his family. The shot
broke four squares of glass in the window, penetrating the window
blinds, and settling in the head of the bed which stood in the room. A
quantity of shot was also found scattered through the chamber.
Providentially no one was sleeping in the room at the time, otherwise
the consequences might have been very serious. It is difficult to
conjecture what can have been the object of the party guilty of so
malicious and abominable an act. We are glad, however, to learn, that
suspicion has fallen on one of the parties supposed to be concerned in
the outrage, and hopes are entertained that he will be brought to
justice. We understand that Mr. Mildren has offered a reward of GBP1
to any one who may give information that shall lead to a conviction.

GUN ACCIDENT - On Tuesday last, a serious accident happened to an
elderly man named WILLIAM RICHARDS, residing at Mithian, in St. Agnes.
Being out shooting sparrows and other small birds, on the premises of
his son-in-law, his gun unfortunately burst, and so dreadfully
shattered his left hand that it is feared amputation must be resorted
to to save life.

SHEEP STEALING - Mr. COLIVER of [Hel.....?], parish of Michaelstow,
had lately a ewe killed and the carcass carried off, leaving the skin
behind. There is no clue to the offenders.

AN EMIGRATION MARRIAGE - A letter from Devonport says:- "A young
woman, aged 22, a servant, being taken ill of typhus was removed to the
workhouse at Devonport, where by attention she soon recovered. After
her restoration to health she expressed a desire to emigrate to
Australia if the guardians would advance the sum of GBP2. 10s., which
is necessary to be paid to the Emigration Society for outfit previous
to sailing, and which money is returned them on disembarking, and the
guardians having received a most satisfactory character of her from the
governor of the workhouse, they agreed to do so; and she accordingly
went to the office to inquire about her passage. Whilst waiting there,
however, she was accosted by a respectable person, who asked her
business, and if she were going to emigrate. She replied in the
affirmative, when he rejoined "So am I; and if you have no objection
I'll marry you previous to sailing." She replied that she was obliged
for the offer, but thought it was very extraordinary and premature,
seeing that he knew nothing about her; upon which he remarked that he
liked her honest countenance. At length the matter was most seriously
entertained, and she referred him to the service she had lately left.
He at once started off to the address, and received such a satisfactory
character, that on returning he immediately purchased the license, and
they were married on Christmas-day. It may be added, that previous to
the wedding he spent GBP20 for his wife's outfit, paid her passage, and
returned the GBP2. 10s. to the guardians with many thanks."

CORNWALL EPIPHANY SESSIONS - Thursday January 4. Before J. K.
LETHBRIDGE, Esq. - HENRY BENNETT pleaded Guilty of stealing ten mince
pies, the property of WILLIAM DAVIES, at Launceston. Two weeks' Hard
Labour.

SHEEP STEALING - JOHN JEFFERY, aged 28, a farmer of Illogan, of very
respectable appearance, and who had through life held an excellent
character, was charged with stealing twenty ewes, the property of
WILLIAM CLEMO, of Higher Town, in the parish of Kenwyn. Mr. HOCKING
conducted the prosecution; Mr. SHILSON and Mr. DARKE the defence. Mr.
Hockin stated the case to the jury, and urged them to remove from their
minds any impressions which they might have received concerning the
case, previous to their entering the box. He then proceeded to call
witnesses. William Clemo, the prosecutor, said, - I am a farmer,
living at Kenwyn. At Michell fair, held on the 16th of November, I
purchased twenty sheep, ten of Mr. JOHN COBELDICK, and ten of Mr. JAMES
HOCKING. They were ewes, and there were among them two hoggets and two
long-tailed ewes. They were driven to my farm at Kenwyn and I kept
them there till the 20th of November. A person called CARDELL bought
ten sheep of Mr. Cobeldick at Michell fair, and kept them with my flock
till the 18th. I saw my sheep day by day, except one Sunday. I saw
them there about twelve o'clock on Truro fair-day. The field adjoins
the high road from Truro to Redruth and Illogan. The next morning they
were missing. In consequence of information, I went to prisoner's farm
on the 29th of November, with my son, my servant PARKYN, and Tregoning
the Redruth constable; and saw the prisoner. Tregoning asked him
whether he was at Truro fair? He said yes. Tregoning then said "did
you buy any sheep there?" He said yes, he had bought fifteen. I said
I had lost twenty. There were some sheep in a field near; we all went
there to see them, and I saw several of my sheep mixed with some others
in that field. We drove them with the others into the farm-yard, and
put them into a house. Prisoner was there, and I said, some of these
were my sheep, and I asked him where he got them. He said he bought
them at Truro fair. I asked him at what time. He told me about eleven
o'clock. I asked him of whom he bought them? He said he bought them
of a stranger, who told him he came from one hundred miles up the
country. Jeffery said that he had the man's name in a book, and that
he hired a man from Truro to drive the sheep as far as Chacewater, and
gave him two shillings for doing it. He then said he would go in and
fetch the book. He went in alone, and remained a quarter of an hour,
or twenty minutes, when the constable went in after him. Jeffery then
came out with the constable, and showed the book to my son, and said,
there is the name of the man I bought them of. He said his name was
JOHN ANDREW. I then picked out from the house they were driven into,
ten of the sheep that I had bought of Mr. Cobeldick. I then said to
Jeffery - Have you any more sheep? He said that there were some more
in another field; and told his own man to go and fetch them. I ordered
my man to go with him, and they brought back a second lot of sheep, out
of which I picked out some belonging to me. Out of the two lots I
picked out nineteen altogether of my sheep. Two of the sheep had long
tails; I had bought these of Mr. James Hocking. I found one of them
with its tail cut off. I asked where the other was; and he told me he
had sent it up to Mr. EDMUNDS, butcher, of Camborne, to be killed,
because it was weak through driving. The constable took possession of
the nineteen sheep, and we proceeded to Camborne, and put them into
TYACK's yard. I afterwards got a skin of a sheep from Mr. Edmunds,
which I have no doubt was the skin of my long-tailed sheep. From
Camborne we proceeded to Redruth, where prisoner at Mrs. TONKIN's house
said, in answer to a question, that he bought the sheep about two
o'clock. The first ten sheep I bought of Mr. Cobeldick were marked
with blue over the shoulder by a young man at Michell, by my direction;
there was also a round punch hold in each left ear; and some marks of
red were on the back. Those dots had been pointed over with red ochre
when the sheep found at prisoner's farm. Among the ten I bought of
Hocking were the two hoggets and two long tails. Seven of these were
marked in the ear with a half-penny mark on the left ear; the other had
no ear-mark, but I knew its ear from its being spotted; that was the
sheep which had the tail cut off. The two hoggets had a half-penny
mark on the right ear and a bit of the ear tipped off. These nine were
marked with red ochre; a pretty many of them with two large stripes,
nearly over the old marks. I have been pretty much accustomed to
sheep. It is very easy to know sheep by their faces and figures.
There was nothing very particular about the figure of these sheep. I
have not the slightest doubt that these sheep were my property. On
Cross-Examination, he said, the old ochre marks were not altogether
obliterated by the new ochre marks; they could still be seen.
Remembered the prisoner at Mr. MAGOR's the magistrate's office, denying
that he had said he bought the sheep at eleven o'clock. Re-Examined.
Was sure it was not customary, at least in the eastern part of the
county, to cut off the tails of old sheep; should think that there
would be risk in doing so.
WILLIAM PARKIN, I am in the service of Mr. Clemo; and have been so for
about two years before March last. This witness went on to corroborate
the evidence given by the prosecutor, of the circumstances of the visit
to prisoner's farm on the 29th of November, and particularly stated
that he well remembered Jeffery saying that he bought the sheep at
Truro fair, at eleven o'clock, of John Andrew, and that he employed a
driver who drove them as far as Chacewater Hill, where he overtook the
driver, and took them on from there himself. ANDREW CLEMO - I am
prosecutor's son, and drive an omnibus between Truro and Redruth. This
witness also corroborated the evidence of the prosecutor, as to the
circumstances of the visit to prisoner's farm on the 29th of November.
CHARLES TREGONING, police officer of Redruth, corroborated the evidence
of the occurrences at the interview with prisoner on the 29th of
October, stating, however, that when the prisoner went into his house
for the book, he (Tregoning) on going into the house afterwards, met
him coming out with the book. (The previous evidence had led to the
inference that the prisoner did not bring out the book until he was
fetched out by Tregoning). This witness added to previous evidence,
that prisoner said he did not know who the driver was who drove the
sheep to Chacewater, but that he was recommended to him by a man called
COCK. After all the sheep were brought together in prisoner's yard,
Jeffery said that five of the ewes were his, and that he had them
before Truro fair. Witness asked him if he could not bring one of his
men to identify his own sheep; but to this he made no answer.
WILLIAM LIDGEY[?], grocer, at Redruth. On the night of the 20th of
November, I saw the prisoner. He came to my shop door that evening,
between nine and ten, as I was about shutting shop, and asked for red
ochre. I had none in the shop and my warehouse being at some distance,
I thought it rather too far to go for it. He asked if he could get it
from any other grocer's. I told him I thought not at that hour. When
the prisoner was before Mr. Magor, I went there, and saw the prisoner,
and mentioned the circumstance of his having called at my shop for red
ochre, and he said he was at no grocer's shop whatever that evening,
and stayed in Redruth only a few minutes. NICHOLAS KEY, tenant farmer
living with my father at Treburrick in St. Eval. About the month of
September, I sold even wethers and nine ewes to Mr. James Hocking; I
had reared them myself. One of the ewes died, and Mr. James Hocking
had eight. I went down to Redruth and looked at the sheep in the
custody of Tregoning. Among them I discovered seven of those I had
sold to Mr. Hocking; I examined them carefully I knew several of them
without the marks; one of them had an ear bitten by a sheep dog. They
are old ewes generally, and I am very familiar with them. Also giving
evidence were James Hocking, a farmer living at Pencorse, in St. Ewe.
John Cobeldick, a farmer living at Mawgan in Pydar. Charles Tregoning.
Two sons, Charles and William Tregoning were called and proved that
none of the sheep had been changed. William Bennett, Illogan.

Mr. Shilson then addressed the jury for the defence. In the first
place, he impressed on the jury the necessity of receiving, with much
caution and qualification, the maxim that a man is liable to account
for property found in his possession, and insisted that the burthen of
proof rested with the prosecutor. He contended that if a man under all
circumstances and without qualification, were held liable to account
for property in his possession, no man would be safe buying cattle of
any stranger - a result which would seriously check traffic, especially
in sheep, which were frequently brought from considerable distances to
country fairs. Mr. Shilson then reviewed, analysed, and compared the
evidence for the prosecution contending that the real facts of the
case, as he should show, were consistent with perfect honesty on the
part of the prisoner. Mr. Shilson stated the nature of the evidence he
should adduce in defence, and proceeded to examine the following
witnesses. - MARY ANN BROWN - I am a married woman and live at Truro,
in St. Dominic Street. I am one of Camborne. I remember Truro five
weeks' fair. I have know Mr. Jeffery very well. I believe he knows
me. I lived in Camborne to within two or three years. On Truro
fair-day, I went out for a pitcher of water, across Kenwyn-street,
about three o'clock. I saw Mr. Jeffery, and some sheep; there was a
driver with them, and also Mr. Jeffery. They were going the west way.
I did not know the driver. I did not speak to Mr. Jeffery; but I took
notice of his going by with the sheep. I did not count the sheep, but
I should think there were a dozen or sixteen. Mr. Jeffery had on a
dark dress and a dark cap. BENJAMIN WILLIAMS - I am a farmer and
cattle dealer in part. I was at Truro five-weeks' fair with two cows
and calves. I saw Mr. Jeffery come out of the fair about three
o'clock, with sheep which he was driving. I had sold one cow and calf,
and the other calf got in among his sheep. I think there was a man or
two with Jeffery at the time. I spoke to him. The sheep were penned
in the Cross. He was going towards West Bridge. I did not notice how
many sheep he had; it was a dreadful day, and I had enough to do to
mind my own business. I live at Redruth. Down in the west, it is a
common thing to take off the tails of sheep. I have known hundreds of
old sheep have their tails cut off. I don't know why it is done. I
believe farmers fancy it makes the sheep look larger. (Laughter).
JANE TRUAN, wife of SAMUEL TRUAN, who keeps the turnpike toll at
Chacewater. I was at home on the 20th of November, [.....?] collect a
person passing through the gate [......?] night with sheep. He did not
pay, because he had a ticket from Chapel Hill Gate. I had not seen the
person before. He had on a cap and dark clothes. I don't know whether
Mr. Jeffery is not the same man. No person paid that night for sheep.
I did not receive any money for sheep. EDWIN GURNEY, surgeon of
Camborne. I have lived there thirty years. I have known Jeffery from
infancy. I am one of his bail. Up to the date of this affair, no one
could say a word against him; no one in his situation of life was more
respected or could bear a higher character. GEORGE BENNETTS, farmer at
Camborne. I have known Mr. John Jeffery from his infancy. I have
known nothing or heard anything of him but what was honest or
straightforward; no man in the parish was more respected. I have had
dealings with him and always found him honest and straightforward. It
is the practice in our county to cut off the tails of long-tailed
sheep. I assert without fear of contradiction, that there is no farmer
in Camborne or Illogan but does so. We consider that it prevents the
disease that we call the felon. PETER ANDREW, farmer and miller at
Camborne, had known the prisoner for eight years, and had always found
him highly respectable in every way - one of the best he ever dealt
with. He was a married man with a young wife and two children. Also
called - THOMAS THOMAS, collector of rates at Camborne.
Mr. Hockin replied, on behalf of the prosecution; and it is right to
state that in so doing, as in his opening address, he put the case for
the prosecution with considerable leniency towards the prisoner. The
jury then went out of court, in charge of an officer, to see the
nineteen sheep, which had been brought up from Redruth, and were placed
in a yard near the hall. The Court ordered that none of the witnesses
or other persons should go with the jury, since, if they did to,
conversation would necessarily take place in the prisoner's absence,
which would be unfair to him. The Chairman requested the jury to
examine the sheep and the marks on them, for themselves. On the return
of the jury, the Chairman carefully summed up the evidence and the
jury, after about five minutes' consultation, returned a verdict of
Guilty; but recommended the prisoner to mercy, on account of his
previous good character. This trial, which lasted upwards of six
hours, greatly interested a numerous auditory in the court. The
prisoner, at various periods of the trial, wept, and gave other
evidence of his being much affected by the position in which he was
placed.
On being put to the bar to receive sentence, the Chairman said - John
Jeffery, you have been convicted of stealing twenty ewe sheep, the
property of William Clemo. I am sorry to say that yours is a bad case.
Frequently we have brought here persons suffering from poverty with
large families, and obliged to beg; but such was not your case; you
were a man in comparative affluence, and hitherto of a character, as
far as we know, unstained. But justice to the country, and justice to
those unfortunate individuals who are brought here in other
circumstances, compels us to pass a sentence which it is painful for me
to pass, for others to hear, and for you to suffer. The sentence of
the court is that you be Transported to such part of her Majesty's
dominions as her Majesty in council shall think fit, for the space of
Ten Years. While at the bar the prisoner was much affected, and on
leaving the dock he exclaimed, "I am an innocent man, - I am an
innocent man."

WILLIAM ROBERTS, was charged with stealing, on the 23rd of December,
one gallon of oats in the straw, of the value of sixpence, the property
of WILLIAM CRADOCK, of St. Clement, Truro. It appeared that Mr.
Cradock, on the 22nd of September, employed two men to watch at
Trennick farm, and at four o'clock in the morning the prisoner was seen
to come to the place, and take away a sheaf from a mow of oats. On his
being laid hold of by one of the watchers, he said he had come to the
nearest place for some straw, as his cow was taken suddenly ill. He
kept bullocks near the prosecutor's farm place. The value of the
property stolen was said, in evidence, to be no more than a penny.
Guilty. One Month's Hard Labour.

PRUDENCE EILEY, 20, was charged with stealing from her mistress, ALICE
MAGOR, of St. Day, four pillowcases, four window curtains, one
table-cloth, stockings, two diaper towels, and two aprons. The case
was one of very clear and simple proof, the property being traced to
the prisoner's possession and identified almost immediately on its
being missed. The prisoner was undefended, and made no statement for
herself but that she had never stolen. Guilty - Six Months Hard Labour.

JOSEPH HOUGHTON, 34, was charged with stealing two fowls, the property
of JOHN WOOLCOCK, of the parish of St. Agnes, farmer. The circumstance
which first led to the detection of the robbery by prisoner was his
insulting some men one evening outside an inn at Peterville; and in the
course of a scuffle which ensued a bag containing fowls fell from the
prisoner's back. Guilty - Four Months' Hard Labour.

ELISHA KNIGHT, 13, pleaded Guilty of stealing on the 16th of December,
at St. Agnes, a silver watch, the property of JOHN HARRIS. One
Fortnight's Hard Labour, and To Be Once Whipped.

THOMAS GUBB, 69, was charged with stealing on the 7th of November, 20
lbs. of coal. The property of JOHN TABOIS TREGELLAS, coal merchant of
Truro. On the 7th of November, the prosecutor had a heap of coals
there; and, about four o'clock in the morning, policeman WOOLCOCK saw
prisoner near the heap, and afterwards come away therefrom. On his way
he stooped, and then walked quickly towards Woolcock and said "good
morning," and that he had been down to see to his boat. He then walked
on, and Woolcock going to the place where he had stooped saw a large
lump of coal. Woolcock then waited in a doorway, and afterwards saw
prisoner come back and take away the lump of coal. Woolcock followed
him, and took him in custody; and the prisoner begged for forgiveness,
and that nothing might be said about it. Guilty. One Fortnight's Hard
Labour.

JOSEPH WORDEN, 50, was charged with stealing on the 5th of December, in
the parish of St. Cleer, two pieces of deal board, the property of the
Liskeard and Caradon Railway Company. A second count laid the property
in the Rev. GEORGE POOLE NORRIS and others. It appeared that the deal
boards alleged to have been stolen formed part of a culvert beneath the
railway; and, after the evidence in the case had been taken, the court
held it to be doubtful whether the boards were not attached to the
freehold, and, on this ground, directed a verdict of Acquittal.

RICHARD RICHARDS, 21, JOHN NORTHCOTE, 18, and ANDREW STEPHENS, 21, were
charged with stealing on the 21st of November, at West Wheal Jewel, in
the parish of Gwennap, a pair of shoes, and a pair of half hose, the
property of WILLIAM FORD, a miner. There was a second count for
feloniously receiving. Almost the only evidence in the case was that
given by the two prisoners, Northcote and Stephens, against Richards,
in their statement. But the statements were, of course, inadmissible,
and the court directed an Acquittal. There was a second indictment
against the same prisoners, for stealing a plaid neckerchief, the
property of RICHARD GRAY, but as the circumstances were similar to the
preceding, no evidence was offered on it.



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