THE COURT CASE

Extract from “The Mining Journal” 31st October 1846

WHEAL MARY ANN

    The arbitration in the case of the Wheal Mary Ann and Trelawney Mine is at length decided, and the award if in perfect accordance with the view which we ever entertained, and that expressed by those most competent to form an opinion on the subject - while we believe we only state that which will be fully borne out, when we say, that the present instance may be considered as isolated; and that the conduct of Capt. CLYMO and his coadjutors is generally condemned throughout both the counties of Cornwall and Devon.
    We have avoided, heretofore, any notice of the subject, being anxious neither to prejudge the question, nor to anticipate the result at which the arbitrators have arrived. The result, however, is simply this - and, as we are informed, concurred in by all parties - that the shareholders in the Trelawney Mine are entitled to the shares pro rata; and, moreover, that Messrs. CLYMO and LYNE are to pay all costs, whether as affects the Chancery suit, reference, or other proceedings - thus giving to the shareholders of the Trelawney sett their rights - while the decree visits on the parties who opposed them the entire costs.
    We are most glad that such an example should be put forward, and that such retribution should have visited the parties.
   We know some one or other of them to have been guilty of acts which should have excluded them from society, and to which the success of South Caradon may be mainly indebted; but such, we believe, were in a measure made up by the payment of some £90 or £100 for stores obtained from a neighbouring mine (Wheal Gill): the present attempt is, however, to say the least, “too bad.”
    Messrs. CLYMO and LYNE (the lawyer, we believe,) take advantage of acquiring from the (lady) lord the sett of Mary Ann, on the representation that it is for and on behalf of the Trelawney adventurers, and, at once having secured it, appropriate the majority of the shares to themselves - while they most liberally condescend to give a portion to their co-adventurers. The (lady)lord is appealed to, who states distinctly that the sett was granted to the adventurers generally, and hence the question is raised, which has now been solved, and a decree given, which reflects the highest credit on the parties to whom the matter was referred.
    When we mention that Capt. W. RICHARDS (of Redruth) was one of the arbitrators, and Capt W. FRANCIS another; while Mr. RENDLE (of Tavistock) was the umpire, we need hardly say, that the decree was only such as might be expected from parties possessing so much practical experience and general Knowledge, not to advert too their high character for probity. We need furthermore hardly say, that, with an instance like the present, the London adventurer may with confidence rest on justice being done to him, even by the Cornish folk; for, although they be “One and All,” we believe that honesty and straightforward dealing is the course pursued, where the object of parties is to follow the “lode” in a right direction; and, if a cross-cut is driven, it is solely with the view of developing the resources in the sett, without regard to the “ins and outs.”
    It is only right to observe, with reference to the present question, that the mining interest is indebted to Mr. SMITH, who, with Messrs ANDREW, MOUNT, and CHIPPENDALE, with other adventurers, holding 32 shares, or 130th, have upheld and maintained the right of out-adventurers against the Cornish clique. Mr. SMITH, if our memory serves us, was the party who took proceedings in the case of the adventurers in Tresavean Mine, when under the management of the late Capt. TEAGUE. The Trethellan or adjoining sett was obtained under similar circumstances, although we must think there is much more reprehensible in the present case than in that under our immediate notice.
    We have had submitted to us the original letter or circular addressed to the shareholders in Wheal Trelawney, and the Messrs. CLYMO, and their friend, Mr. LYNE, who, it may be remembered, figured of late as regards the Albert, Victoria, or some other mine, on which occasion, we believe, his mining knowledge was admitted to be somewhat less than his legal tact, if not experience, - while we must needs say, we do feel some sympathy with those who have reposed in him their confidence, but who have (as we before observed) been disappointed.
    We cannot close our brief notice, without adverting to the exertions of Mr. BROWNE ( the solicitor employed on the part of Mr. SMITH); while equal credit is due to Mr. BRIDGMAN (of Tavistock, the solicitor for the defendants), who used the utmost exertions in upholding the position of his clients; but, as the result proved, without effect. We understand the law costs will amount to full £1500: and, as the holders of 32 shares have succeeded in obtaining their rights, it remains to be seen what will be the course pursued by the adventurers holding the remaining 98 shares, of which we presume there can be little doubt.
    We can only, in closing our remarks, on the part of the adventurers in mines in Cornwall, express our thanks to Mr. SMITH and his coadjutors, for thus maintaining the rights of out-adventurers, and, at the same time, affording the proof which has been given, that there are parties in the county who will not see an injustice done, and more especially to those who they may, and, doubtless do, feel are not of the slightest importance, when considered as affects the sully of capital, or the working of mines in Cornwall.

Extract from “The Mining Journal” 21st November 1846