1850 Cornwall Quarter Sessions and Assizes
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1850 Cornwall Quarter Sessions and Assizes Table of Contents 1. Epiphany Sessions ..................................................................................................................................... 1 2. Lent Assizes ............................................................................................................................................... 8 3. Easter Sessions ........................................................................................................................................ 46 4. Midsummer Sessions .............................................................................................................................. 54 5. Summer Assizes ....................................................................................................................................... 69 6. Michaelmas Sessions ............................................................................................................................... 93 Royal Cornwall Gazette 4 and 11 January 1850 1. Epiphany Sessions These Sessions were opened on Tuesday, the 1st of January, before the following magistrates:— J. KING LETHBRIDGE, Esq. Chairman; Sir W. L. S. Trelawny, Bart. E. Stephens, Esq. T. J. Agar Robartes, Esq., M.P. R. Gully Bennet, Esq. N. Kendall, Esq. T. H. J. Peter, Esq. W. Hext, Esq. H. Thomson, Esq. J. S. Enys, Esq. D. P. Hoblyn, Esq. J. Davies Gilbert, Esq. Revds. W. Molesworth, C. Prideaux Brune, Esq. R. G. Grylls, C. B. Graves Sawle, Esq. A. Tatham, W. Moorshead, Esq. T. Phillpotts, W. P. Kempe, Esq. T. Pascoe. E. Coode, jun., Esq. The following gentlemen were sworn on the grand jury:—Mr. J. Dingle, Linkinhorne, foreman; Messrs. E. S. Tucker, St. Germans; R. Curgenven, Veryan; W. H. Middlecoat, do.; J. Martin, Saint Stephens by Saltash; T. Lord, St. Germans; J. Budge, Botusfleming; J. Dingley, Linkinhorne; J. Paliner, Gerrans; T Blamey, Veryan; T. Kitto, Linkinhorne ; P. Keast, do.; J. Blake Landrake ; J. Littleton, St. Stephens by Saltash; J. Rundle, Linkinhorne; W. Elliott, Tregony; J Dunstan, do; H. Nicholls, Gerrans; S. May, Botusfleming; C. B. Ewbank, St. Germans; B. Symons, Antony; H. Lyne, St. Stephens by Saltash; H. Lord, St. Germans. After the Queen’s Proclamation for the encouragement of virtue had been read, the CHAIRMAN delivered his Charge to the Grand Jury:—[not transcribed] GAOL DIETARY.—THE CHAIRMAN read a letter from the Home Office inclosing an amended dietary to be submitted to the magistrates.—It was subsequently stated by the Governor, that in this amended dietary, there was a general increase of half an ounce of oatmeal to every pint of gruel.—Mr. SAWLE said there had been a great deal of remark concerning our county gaol, and it bad been supposed that it was more expensive than that of others in the kingdom. Inquiries had however been made, and it was found that while this gaol was more expensive than some others, by far the greater number of gaols were much more expensive than ours. Therefore the assertion of Mr. Pearson at Exeter was altogether wrong.—THE GOVERNOR said he had looked over some statistics from the Home Office, and found that the Cornwall County Gaol was at rather a low average of expense.—Mr. KENDALL thought the county should understand that the governor of the gaol had really very little discretion in the matter; the dietary was fixed, and every article was sent in by tender.— THE GOVERNOR, in reply to the Chairman, said he dared not feed the prisoners above or below the dietary; he was obliged to conform to the dietary strictly. VISITING JUSTICES’ REPORT.—The visiting justices reported that the gaol and Bridewell were in their usual clean and excellent state. During the last quarter the number of prisoners had been unusually low, and their conduct was generally good. Some of the roofs were in a bad state. [CORONERS’ BILLS—not transcribed] GOVERNOR’S REPORT.—No occurrence had transpired during the last quarter requiring any notice. The number of prisoners continued low, and the general conduct of the prisoners was very good. The building, with the exceptions of some roofs, was in good repair.—At the corresponding sessions in 1849, there were 49 felons in custody, and 7 on bail; the total number was 61.—At the present sessions, there were 21 felons in custody, and 4 on bail; one on bail for assault and one for misdemeanour (sic), making a total of 27, as compared with 61 this time twelve months. [GAOL EXPENSES—not transcribed] BRIDGES.—Mr. Pease reported that the bridges in the Eastern Division were generally in a good state of repair, and he required no levy. The magistrates of the district had ordered some improvement at the western end of Looe Bridge, the expense of which to the county would be about 10l.—A letter was read by the CHAIRMAN, from Mr. Pedler, clerk to the trustees of the Liskeard turnpike, concerning some repair, at Polbathick Bridge between Liskeard and Torpoint. After some consultation with Mr. Toll, the contractor for repairing the bridge, the Court ordered repair of 100 yards of roadway at the approach denying that the county was liable to repair a greater length of roadway. Mr. MOORMAN stated that he had cash in hand 23l. 8s 8d and required an order for one levy at the next sessions. Mr. Moorman reported his receipt of notice from the West Cornwall Railway Company, of a proposed embankment and cutting at a County Road and Bridge in the parish of Ludgvan.—He also reported the occurrence of floods over the embankment and roadway at Carnon; and a more detailed report on the same subject was presented by Mr. ENYS, who attributed the overflowing complained of to the erection of a dam by the Perran Company, below the eastern part of the embankment which caused an accumulation of sand above the bridge. The sand washed down used formerly to be swept away by the rapid current under the arches. After some conversation, it was resolved, on the motion of Mr. KENDALL, seconded by Mr. SAWLE, that Mr. Enys, Mr. Gilbert and Mr. Phillpotts be requested to communicate with the parties whose interests are affected, and to report thereon at the next Sessions. On the notice from the West Cornwall Railway Company, Mr. Moorman gave his opinion to the Bench that no injury would be done to the County Bridge in question; and the Bench resolved to make a return “neuter.” —On the motion of Mr. KENDALL, seconded by the Rev. R. G. GRYLLS, it was resolved to grant a superannuation of 20l. yearly to Wm. Hill, a warder of the gaol, who had been more than 20 years in that service and received an excellent character. His salary had been 40l.—John Bramble, a marine pensioner, was appointed his successor. WADEBRIDGE.—The Rev. W. MOLESWORTH stated that after the last Sessions, the trustees of this bridge consulted a parliamentary agent with respect to taking steps to procure an act of parliament; and they found that, as the trust emanated from the Court of Chancery, there was not the least probability that Lord Shaftesbury would listen to the introduction of a bill unless it came sanctioned by that Court. The trustees thought that to pursue that course would consume all their money in hand. Then, Sir William Molesworth was inclined of himself to incur the responsibility of using the money for the purpose of widening the bridge; but, wishing in the first place to obtain the consent of a Chancery lawyer, he submitted a case to Sir John Romilly, the Solicitor-general who have his opinion that the trustees were not justified, and without breach of trust, they could not use the money under the circumstances in any other way than to support and maintain the bridge. Under those circumstances, Sir William felt it would be morally wrong to incur such a responsibility; and, therefore, as far as the trustees were concerned, there was an end of the matter. It now rested with the county whether they would widen the bridge or not. He could only say it was very desirable it should be done. The Trustees would have no objection to lend the money they had in hand, at 3 ½ or 3 ¼ per cent. The 500l. which the county had offered, would go a great way towards the expense of widening the bridge.—Mr. STEPHENS suggested that the trustees should keep in their custody the plans which had been presented for the proposed improvement.—Mr. SAWLE observed that the bridge was less used than formerly, in consequence of there being now but one coach on the road; there could be no chance of stoppage on the bridge.—Capt. HEXT said no doubt the improvement was much wanted by the public; but the question was whether the County could repair the Trustees Bridge. [REGISTRATION LISTS.—not transcribed] TRIALS OF PRISONERS. WILLIAM EDWARD ROBERTS, a young lad, pleaded GUILTY of stealing potatoes, the property of the Rev. T. Phillpotts, of Feock. The prosecutor recommended the prisoner to mercy, on account of his previous good character. (Sentence: Two months’ hard labour) CHRISTIANA WHITE, 36, pleaded GUILTY of stealing on the 26th October last, at St. Austell, 5 lbs. of beef suet the property of Richard Wellington. (Sentence: Two months’ hard labour) JOHN BENNETTS, 33, was found Guilty of stealing a duck, the property of Philip Laity Rogers, a miner at St Ives. JAMES NINNIS, 20, found GUILTY of stealing, on the 14th of December, a duck jacket, a pair of trousers, a waistcoat, and a pair of drawers, the property of William Warren, at Balleswidden mine, in the parish of St. Just in Penwith. CATHERINE CLODE, 30, pleaded GUILTY of stealing, on the 2nd of December, one blanket, the property of Robert Cosway, at Truro. (Sentence: Three months’ hard labour) WILLIAM WARNE was charged with having, on the 10th of November last, stolen at the parish of St. Issey, two sheaves of wheat, the property of Thomas Prophet. This case excited much interest, in consequence of the respectable appearance and position of the prisoner. Mr. Stokes conducted the prosecution; Mr. Shilson and Mr. G. B. Collins the defence.—The prosecutor had, up to Michaelmas last, rented of the prisoner the farm of Trenance, in the parish of St.