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SW7026 : Gweek Quay

A West Briton newspaper story from 9 Aug 1839, transcribed by Julia Mosman at http://freepages.genealogy.rootsweb.com/~wbritonad/ reads:

John CARLYON, John WILLIAMS, and John DUDLEY were charged with having stolen
a hundred oysters from Helford River, the property of John TYACKE. Our
readers will recollect that we have already given very full reports of
prosecutions instituted by Mr. Tyacke in order to protect his rights, and it
is only necessary that we should state the facts of this prosecution very
briefly. The oysterage in question is situated upon the Helford river, in
the western part of this county, and is a property of very valuable
description, being rented of Sir Richard VYVYAN at GBP 450 a year. The
oysterage was well known. The Helford river runs from the Gweek river down
to the sea, and in the lower part of the river considerable disputes have
arisen; but from the river of Gweek to Calmanaso–bar, from whence these
oysters were taken, there have been no disputes. The lower part Mr. Tyacke
holds under the Duke of Leeds. On Good Friday, the 28th of March, Mr.
Tyacke, having received intimations that depredations were likely to take
place at night, went out with his two sons and two servants, named James and
Roberts, and lay in wait. Two of these persons lay in ambush at
Kessel-point, and two were at a croft higher up. It was a clear moonlight
night. About 10 or 11 o’clock, their attention was arrested by footsteps,
and they then saw 10 or 15 persons taking oysters. They went down, and the
people ran away; but the prisoners were apprehended and confessed that they
had taken oysters, and some were found upon their persons. Witnesses were
called who proved these facts, and Mr. Justice Coleridge asked Mr. Cockburn
whether he could dispute them. The Learned Gentleman replied that he could
not, and Mr. Justice Coleridge said that under these circumstances it was
impossible but that the jury should find the prisoners guilty.

The prisoners received a good character, but the jury, of course, found them
guilty.

The Learned Judge, in delivering his sentence, [cited the facts that all the
men were of respectable families, and it was “a great disgrace” that people
of their caliber should be stealing during the night. Too, they used “thick
sticks” to beat one of the persons who apprehended them. He also said] “you
have no more right to do it than you have to go into a field and take a
sheep, therefore, the thing must not be done again, or I shall certainly
treat you in a very different manner to that in which you will now be
treated.”

“I have been speaking to the gaoler who will take care that you are not
placed along with low society to have your morals corrupted. The sentence
of the court is, and I hope its mildness will have a proper effect on you,
that you be imprisoned in the house of correction for the space of six
weeks, and that during that time you be kept to hard labour.”