Jane /POOLEY, KLXC-TKZ

extract ...

 2 ROWE v. GRENFELL.—Speech of Plaintiff’s Counsel.

...

“In the county of Cornwall is a Manor, called
the manor of Tewington, which some time since
belonged to his present Majesty, being then Duke
of Cornwall, and is situate part in the parish of St.
Austle, and part in the parish of Blazey.   It is one
of seventeen manors which originally were granted
by Parliament to the Dukes of Cornwall. The
manor of Tewington was, however, sold in the year
1798, under the provisions of the Land-Tax Re-
demption Act. The purchaser was a gentleman
well known in this part of the country, the late
Mr. Rashleigh.   In 1814, part of this manor was
sold to the Plaintiff.   Previously to Mr. Rash-
leigh’s purchase, namely, in the year 1788, his
present Majesty, then Duke of Cornwall, had
granted a lease for thirty-one years, of all mines,
except tin, which he held, to a Mr. Daniel, which
lease terminated in 1817.   In 1810,  Mr. Rash-
leigh purchased the remainder of that lease.   In
1809,  a reversionary lease for twenty-three years,
to commence after the expiration of the former
lease, was granted by the Dutchy to Messrs.
Williams and others.   In a short time, Mr. Rash-
leigh acquired an interest in that lease also ;   so
that, you will observe, he held these three sepa-

ROWE v. GRENFELL.— Speech of Platntiff’s Counsel.    3

rate interests, namely, the manor, the lease, and
the reversionary lease; which latter will expire
in 1840.

‘‘The Plaintiff, as I before mentioned, has
been a very successful adventurer in mining con-
cerns; never any one was found more successful s
and he thus became possessed of wealth to a
very-—very considerable amount.. He worked,
among others, a mine called The Great Crinnis
Mine, where, from his great experience and know-
ledge of mines, he suspected that he should find
a vein of copper, though none had ever been found
there before; in which expectation he was not
disappointed, and made from that mine immense
sums of money. °

‘‘ The estate which the Plaintiff purchased In
the manor of Tewington  is called Lemellan, of which
estate there are two divisions.   In 1819, or 1820,
Plaintiff sunk a shaft, and began a level on his
estate of Lemellan, for the purpose of opening
another mine there, which he called Wheal Rowe,
and in which he .expected to find another rich
vein of copper.   In this expectation also the
Plaintiff was eminently successful; but no sooner
was his discovery made, and he was about to reap
the reward of his labours and ingenuity, than a
neighbouring company of miners, called The East
Crinnis Adventurers, supposed they had a right
to obtrude themselves upon him, and to take part
of the ores from Wheal Rowe. 

‘With the East Crinnis Company Mr. Rash-
leigh was connected:   He is since dead, and, no

4    ROWE v. GRENFELL.—Evidence for the Plaintiff.

doubt, he thought himself entitled to act the part
he did by virtue of the rights which he possessed.

“This Company, however, took from the
Plaintiff a vast quantity of the ores raised from
the mine of Wheal Rowe—from 200, to 250,000l..
worth.

‘‘The Plaintiff has, of course, advised with
other gentlemen besides myself as to the proper
mode of trying this question ;   and it is considered
that Mr. Grenfell, as the purchaser of the ores, is
liable in this form of action.   He defends under
the East Crinnis Company, being put forward by
them in order to try the right.   I do not know
whether the other. side are disposed to take any
formal objections, or will come ‘fairly at once to
the question. :

“In Tewington manor there are two classes of

tenants,—free tenants, and customary tenants, both
possessing freehold interests, but one greater than
the other.   Lemellan is a customary tenement,

"In the first instance, it will be sufficient for
me, on the part of the Plaintiff, to prove the tres-
pass which has been committed.   The other side
must have to travel through a most wide field of
defence of one description or the other, in which
I should only lose myself was I now to enter °
upon it.”

The following Witnesses were then called for the
Plaintiff:—
Mr. John Williams, junior, (examined by Mr.
Serjeant Wilde.)—" The Defendant was a partner

ROWE v. GRENFELL.—Evidence for the Plaintiff.   5

of mine in 1821 and 1822, and until the latter part
of 1823.   I can give evidence, if being a partner I
am obliged to do so.   We are indemnified. O
don’t know who employs the attorney for defend-
ing this cause.   I don’t know that.the East Crin-
nis Adventurers defend.   Mr. Oukley, I believe,
is one of those Adventurers.   Mr. John Gill, I
believe, is another.   He is here. I have never
seen the list of Adventurers.   Twelve months ago -
he told me he was interested.   I believe our soli-
citor settled that we were not to take the burthen.
We do not interfere — not as For, Williams, and
Company,—in defending this cause. Mr. Oakley
and Mr. Gill- ‘are two of the persons who have
indemnified us.’