HATTAM - Cornwall

Extracts from The West Briton newspaper, 1836 (Part 2)

Friday, 22 Jul
News
A cattle market will be held at Penzance on the 14th. [July or August?]

Penzance
On Monday last, the first Quarter Sessions of the Peace, under the new Municipal Act, was held in the Grammar School in this town, in consequence of the rebuilding of the new Guild- Hall, before Walter Coulson, Esq., Recorder of this borough, accompanied by Wm. Davy, Esq, Mayor Joseph Carne and Jas. J. A. Boase, Esquires, Justices and the Town-Council.

Gentlemen of the Grand Jury, I am not aware of any cases which will be presented to you which you will not readily dispose of. But, as this court is a new one, deriving its powers from a recent statute, I should say a few words about the circumstance under which you are assembled, and the powers with which you are invested.

By the Municipal Reform Act 5 and 6, the Legislature has thought fit to abolish, in the greater part of the more considerable towns in England, Penzance included, the many and very various Corporate Institutions which existed in them. Of these Corporations, some very popular and democratic, some very close and self-elective, some combining principles, it is not easy to conceive that all could be well adapted to the people of the same country; and it is safe to say that great evils must have flowed from a great many of them.

One circumstance common to many of them was that the Judicial and administrative powers - the power of taxing, the power of trying offenders, and the care of the ordinary police - were united in the same bodies, whether those bodies were chosen by the people or by one another.

This confusion of functions the Legislature has thought fit to remove. The Act provides that the Council of every borough which desires that a separate Court of Quarter Sessions shall be held in that borough, shall signify that desire by petition to his Majesty in Council, setting forth the grounds of the application. (This Penzance has done resulting in this Court being recognized.)

[he then went into detail regarding evidence, the law, and the function of a Grand Jury]

The first case that came before this court was one of bastardy, between Julia Carter of Penzance, and William Warren, of Newlyn. After the case had been fully investigated, the Recorder directed an order to be made on the said William Warren, for 1s. 6d. per week.

Elizabeth Murly, of St Buryan, was then arraigned on a charge of having stolen a piece of Prist from Mr. York, draper. The case having been fully proved, the jury returned a verdict of Guilty, and the prisoner was sentenced to three months' imprisonment.

The next case was a charge of assault on the constables, in the discharge of their duty, by two young men of the parish of Gulval, named Richard and James Friggins. The parties were found Guilty, fined £5 each, and sentenced to one weeks imprisonment. Thomas Friggins was afterwards found guilty of attempting to rescue the prisoners, and fined 20s.

The West Briton
6 April 1838

John ELLIS, 14, was charged with feloniously wounding and killing a horse belonging to Charles Mathews.

[Two witnesses were called, who testified they saw 2 horses, heard the report of a gun, and both noticed one horse was badly frightened.]

Mary Mathews examined - wife of the prosecutor, lives at Boscadeon (Boskednan). On Saturday the 24th of March, left house, saw two horses coming up the down from Friggen's plat; one of them was her husband's on her return from the sheep, she found her husband's horse with 3 wounds in his off-side. He would not eat or drink, and he dropped own dead on Monday morning. Cross-examined; had never had any words with prisoner. The prisoner's master, Friggen, said about four month's ago that if he ever found the horse on his plat, he would shoot him.

Charles Mathews examined [same info as above]. [almost same testimony] Said "I saw a part of the horse skinned; I did not see the whole of the horse unskinned because my stomach would bear no such thing." (laughter).

___ Simmons examined; [miner, attends horses also] Was called in after this horse was dead. I was ordered to skin the horse and see what he died of. There were three wounds ... there was gravel in those wounds. The gravel went as far as the rib and liver. This gravel caused the death of the horse, for the horse bled inside instead of out.

D. P. Le Grice, Esq was sworn, and stated that the confession put in was that of the prisoner. The confession was read, and was as follows:- "I fired my gun opposite my master's horse, but I did not see any horse there."

Mr. E. Coode addressed the jury and said that for the prisoner to be convicted it must be shown that he did it wilfully and maliciously. There was quite enough for the jury to decide that malice was not brought home to him. Mr. Coode then remarked upon the insufficiency of the evidence adduced to convict the prisoner.

The Chairman summed up, and the jury found a verdict of not guilty.

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1841 Census Cornwall
Gulval
Folio 7 Page 6
Boskednan,1,Charles Mathews,65,,Miner,In county,
Mary Mathews,,55,,In county,
Thomas Mathews,14,,,In county,
Folio 7 Page 7
Boskednan,1,Thomas Friggens,30,,Farmer,In county,
Catherine Friggens,,25,,In county,
Mary Ann Friggens,,5,,In county,
Elizabeth Friggens,,1,,In county,
John Pollard,10,,Male Servant,In county,
Jane Pearce,,12,,In county,
Folio 50 Page 5
Clodgy,1,Robt. Ellis,40,,Agricultural Labourer,In county,
Mary Ellis,,40,,In county,
John Ellis,15,,Ag.Labourer,In county,

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Deaths Mar 1887
FRIGGENS Thomas 77 Penzance 5c 216