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1851 Cornwall Quarter Sessions and Assizes

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1851 Cornwall Quarter Sessions and Assizes 1851 Cornwall Quarter Sessions and Assizes Table of Contents 1. Epiphany Sessions ............................................................................................................... 1 2. Lent Assizes ....................................................................................................................... 10 3. Easter Sessions ................................................................................................................. 61 4. Midsummer Sessions ........................................................................................................ 71 5. Summer Assizes ................................................................................................................ 85 6. Michaelmas Sessions ...................................................................................................... 139 Royal Cornwall Gazette 3 January 1851 1. Epiphany Sessions These Sessions were opened at Bodmin, on Tuesday the 31st December, before the following magistrates: J. KING LETHBRIDGE, Esq., chairman. Sir W. L. S. Trelawny, Bart. F.J. Hext, Esq. The Hon. G. M. Fortescue W. Braddon, Esq. Sir J.S. Graves Sawle, Bart. E. Stephens, Esq. Sir Colman Rashleigh, Bart. D. Peter Hoblyn, Esq. W.H. Pole Carew, Esq., M.P. H. Thomson, Esq. Gordon W.F. Gregor, Esq. E. Coode, jun., Esq. C.B. Graves Sawle, Esq. C.J.W. Ellis, Esq. N. Kendall, Esq. W.P. Kempe, Esq. J. Gwatkin, Esq. Rev. R.G. Grylls W. Hext, Esq. Rev. W. Molesworth E. Archer, Esq. Rev. Vyell F. Vyvyan C.G. Prideaux Brune, Esq. Rev. R. Buller J.T.H. Peter, Esq. Rev. A. Tatham Rev. C.E. Hosken Francis Glanville, Esq., of Catchfrench, qualified this morning. The following gentlemen were sworn on the Grand Jury:— Messrs. J.B. Smith, St. Stephens in Branwell, foreman; J. Barron, Bodmin; J. Brabyn, St. Kew; W. Clogg, St. Martins; W. Cock, Luxulyan; W. Cook, St. Martins; W. Dawe, Morval; G.L. Hawken, St. Teath; N. Higgs, Lanlivery; J. Hill, St. Martins; T. Jane, Lanhydrock; J. Lakeman, Egloshayle; W.H. Littleton, Lanlivery; J. Michell, St. Gorran; G. Morcom, St. Austell; R. Oliver, Morval; J. Pearce, Tywardreath; J. Rundell, Luxulyan; W. Rundell, Tywardreath; A. Stephens, St. Mewan; J. Trevale, Luxulyan; J. Trevenen, St. Sampson’s; W.H. Trounce, St. Ewe. Five other special jurors answered to their names. After the usual preliminary business had been disposed of, the CHAIRMAN delivered his CHARGE TO THE GRAND JURY [–not transcribed] The Grand Jury then retired to their Room. VISITING JUSTICES REPORT.—The Visiting Justices reported that every department of the gaol was in its usual good order. Nothing had occurred since the last Report to require remark, except some correspondence with the Lords of the Treasury and the Secretary of State regarding the maintenance of a smuggler, John Gosling. The County had been put to considerable expense by such cases, and the Visiting Justices suggested the propriety of requesting the County members to put themselves in communication with the Treasury on the subject. The Rev. R. G. GRYLLS stated, that from communications lately received from Sir George Grey, there was no doubt that the County would be called on to make considerable additions to the gaol. It had been his intention to move at this Sessions for a portion of the money granted a few sessions since, for the purpose of purchasing some ground on the western side of the Gaol, which was considered eligible for the purpose; and it had been understood that the ground might be had on fair and liberal terms. But, yesterday, he heard that the proprietor of the land would not consent to the sale, for less consideration than 75 years' purchase. This being so large a sum, he did not feel justified in making the motion he had intended to submit. He thought they should wait until the measure now under consideration of Government should be settled. It might be worth while, however, to mention a suggestion which had been made to him—that, supposing in the bill to be introduced in the ensuing session, there should be a clause compelling the County to buy land, whether they might not request their County members to move the insertion of a clause, similar to that in the Railway Act, to compel any proprietor of land to sell, for a proper remuneration, any ground that might be requisite and available; or, to go to a jury. Otherwise, the County might be charged in the same exorbitant way as was attempted now. He would only add that the Visiting Justices would be happy to comply with, or fulfil, as far as was in their power, any instructions they might receive from the Bench. [CORONER’S BILLS – not transcribed] BRIDGES.—Mr. MOORMAN, Surveyor for the Western Division, reported that no particular report was necessary. He had £5 1s. 11d. in hand, and required an order for one levy to be paid at the next Quarter Sessions. —Mr. SAWLE stated that the end of Lostwithiel bridge was in a very bad state.—Mr. KENDALL stated that the borough of Lostwithiel had macadamized their roads in a very creditable way; but the pavement of the bridge was in a very bad state, and not at all according with the newly macadamised road. He believed the contractor for the repair of the bridge could net be compelled to macadamize the roadway, under his present contract; and the question was whether the County would allow Mr. Moorman to make such an agreement for the necessary work as he might think proper. The cost, he believed, would not exceed £3.—After some communication with the Chairman and other magistrates, Mr. Kendall told Mr. Moorman that he thought the matter might be managed without further troubling the Court. Mr. PEASE, surveyor for the Eastern Division, reported that the magistrates of the Hundred of East had ordered some improvement of Lerrin Bridge.—At Looe Bridge, some repairs of girders were necessary; but the amount of necessary repair could not be ascertained without breaking up some of the road so as to lay open the ends of the girders. The expense might be £5, or it might be £15. Mr. Pease thought that the magistrates of the district should now be empowered to order the necessary repairs; because, when the bridge was laid open, it would be absolutely necessary that the work should be done without delay.—For Dunmeer Bridge, there was a sum of £7 12s. 1d. due to Mr. Edward Allen, for the cost of some hedging and the temporary use of his land while the bridge was being rebuilt.—Mr. Pease gave notice that he should require one levy. On the motion of Sir C. RASHLEIGH, seconded by Mr. SAWLE, it was resolved to authorise Mr. Pease to inspect Looe Bridge, and the magistrates of the district to expend a sum not exceeding £20 in its repairs. GOVERNOR’S REPORT.—The Governor reported that nothing had happened in the prison since the last Quarter Sessions to require any special remark. The prisoners had been well conducted and healthy. The usual certificate was attached, that the rules of the prison had been as far as practicable complied with. The buildings of the prison, with the exception of some of the roofs, were generally in good repair. [GAOL EXPENSES.—not transcribed] —The Chairman next read a comparative statement of prisoners for trial at the sessions in January, 1850, and at the present sessions:— Jan., 1850. 31st Dec. 1850. Felons in custody 21 20 “ on bail 4 6 In custody for breaches of the peace 1 1 Misdemeanants in custody 1 0 Prisoners charged with assault 1 0 27 27 [WEIGHTS AND MEASURES - not transcribed] —Tenders were produced from candidates for the conveyance of prisoners from Launceston to the county gaol.—A committee of magistrates retired to inspect the tenders, &c.—On their return into court, Sir COLMAN RASHLEIGH moved, and Mr. ELLIS seconded, the appointment of John Higgs, to convey prisoners from Launceston. Sir C. Rashleigh stated that Mr. Higgs's tender was not the lowest; but the committee thought that as he was a constable, he was the most eligible person.— The motion was agreed to nem. con. —The following bills presented by the Clerk of the Peace, were allowed:— For reparing (sic) and distributing lists of voters, 127l. 19s.; for printing the lists 46l. 145., being between 7 and £8 less than at the corresponding period last year.—There was also allowed the Clerk of the Peace's bill for cravings, amounting to 55l. TRIALS OF PRISONERS. HUGH HOLINSHEAD, 42, pleaded GUILTY of stealing, on the 27th of December, 1850, at Tywardreath, a coat, neckerchief, bag, and knife, the property of Richard Netherton. (Sentence: three months hard labour) THOMAS ROWSE, a young sailor, charged with having, on the 6th of December, at the parish of St. Austell, stolen two jars and about 4 gallons of brandy, the property of John Inch, innkeeper.—Mr. Shilson conducted the prosecution. Mr. Stokes the defence.—The prosecutor, whose house is at Charlestown, left it in the evening of the day named, to go to St. Austell; he left two two-gallon jars of brandy in the bar, nearly full. Whilst he was absent, his daughter discovered that the two jars were missing. Suspicion fell on the prisoner, and a constable was called, who, with prosecutor’s apprentice, John Hore, went to prisoner’s residence at Porth Pean, about 10 o’clock at night. They knocked at the door, and in reply to questions from the prisoner inside, they said they wanted something to drink. The constable and Hore stepped back, and the prisoner came out with the two jars in his hand, and went out into the garden. Seeing the constable, he asked what was up. The constable told him he must take him to Inch’s; and did so. Hore stated that at the time when the prisoner brought out the two jars from his house, in the presence of the constable and him, he appeared to be tipsy.—For the defence, it was urged that there was no proof of the prisoner’s having been seen near the prosecutor’s house near the time when the jars were missed; and that the circumstances in which the property was found on him disproved any notion of felonious possession so that he might be called on to account for his possession.
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