1864 Cornwall Quarter Sessions and Assizes Table of Contents 1. Epiphany Sessions ..................................................................................................................... 1 2. Lent Assizes ............................................................................................................................. 29 3. Easter Sessions ........................................................................................................................ 74 4. Midsummer Sessions .............................................................................................................. 88 5. Summer Assizes .................................................................................................................... 104 6. Michaelmas Sessions ............................................................................................................ 134 Royal Cornwall Gazette 8 & 15 January 1864 1. Epiphany Sessions The Epiphany Quarter Sessions for the county of Cornwall were opened on Tuesday last, at Bodmin, when there were present the following magistrates:— Charles Brune Graves Sawle, Esq., Sir Colman Rashleigh, Bart., and Chairmen J. Jope Rogers, Esq., M.P. Lord Vivian. R. Foster, Esq. Hon. and Rev. J. Townshend C.B. Kingdon, Esq. Boscawen. J. Haye, Esq. T.J. Agar Robartes, Esq., M.P. W. Roberts, Esq. N. Kendall, Esq., M.P. S.U.N. Usticke, Esq. R. Davey, Esq., M.P. F.M. Williams, Esq. John St. Aubyn, Esq., M.P. W.R.C. Potter, Esq. Sir S.T. Spry. J.C.B. Lethbridge, Esq. W.H. Pole Carew, Esq. E. Collins, Esq. John Tremayne, Esq. H. Trelawny, Esq. C.P. Brune, Esq. J. Trevenen, Esq. F. Howell, Esq. E.H. Rodd, jun., Esq. D.P. Le Grice, Esq. D. Horndon, Esq. T.S. Bolitho, Esq. W. Morshead, Esq. E. Coode, jun., Esq. Rev. T. Phillpotts. F. Rodd, Esq. Rev. J. Symonds. N. Norway, Esq. Rev. V.F. Vyvyan. R.G. Lakes, Esq. Rev. J.J. Wilkinson. C.A. Reynolds, Esq. Rev. R.B. Kinsman. R.G. Bennet, Esq. Rev. J. Glanville. W. Michell, Esq. Rev. A. Tatham. J. Hichens, Esq. Rev. L.M. Peter. J.T.H. Peter, Esq. Rev. J. Glencross. E.C. Roberts, Esq. Rev. H.F. Rowe. W. Williams, Esq. Rev. F.T. Bachelor. THE GRAND JURY Mr. Thomas Olver, St. Mabyn, foreman Mr. E. Arthur, Polruan Mr. T.W. Blake, St. Breock Mr. J. Broad, Liskeard Mr. W. Cook, Calstock Mr. R. Clogg, Polruan Mr. H. Deecker, Liskeard Mr. Joseph Godfrey, Liskeard Mr. J.R. Hawke, Liskeard Mr. F. Hellyar, St. Columb Mr. J. Hockin, Liskeard Mr. Joseph Hearle, West Looe Mr. William Jasper, Callington Mr. Thomas Moon, Liskeard Mr. William Mead, Liskeard Mr. C.H. Moody, Liskeard Mr. J.P. Parkyn, Bodmin Mr. H. Rice, Liskeard Mr. Joseph Rickard, St. Dominick Mr. William M. Richards, Padstow Mr. James Rowe, St. Minver Mr. F.L. Seaton, Padstow Mr. H. Trestrail, West Looe Mr. J. Toll, Menheniot, also answered to his name. The Clerk of the Peace having read the Queen’s Proclamation against vice, immorality and profaneness, The CHAIRMAN charged the Grand Jury. He said—Gentlemen of the Grand Jury, on the present occasion I am able to congratulate the county that we have a full grand jury. Unfortunately we have not been able always at these sessions to obtain a full grand jury; but on this occasion we have, as I said, a full grand jury; and I will take this opportunity of saying that I am under deep obligations to my two friends with whom I am associated as chairman for the personal inconvenience to which they have been put in kindly acting for me as chairman during my long illness. On the present occasion I am glad to say that the calendar, which will be laid before you, contains ten cases less than at the sessions this time twelve months. There were then 52 cases for trial, and there are now 42; yet I am sorry to say that the present calendar contains some cases of a character which the calendar this time twelvemonths did not contain, and some of these are of considerable aggravation. Now, though the calendar which will be presented to you contains only 42 cases, yet I find that among them there are three cases of housebreaking, and seven cases of stealing from the person. These are cases of considerable aggravation, because it is unusual in this county to have so many persons for trial charged with stealing from the person. The general tone of the calendar is so far satisfactory that all the prisoners except one are persons of very imperfect education or no education at all, there being in the calendar only the name of one person able to read and write well. Another satisfactory circumstance is that there are only three persons for trial under the age of 20, which fact I attribute to the institutions established in the country for the repression of juvenile crime. Now in the remarks which I may make on the cases, the prisoners may be separated into two heads—namely, those prisoners who appear here for the first time, and those who are continually in our court. In the one case the prisoners are perhaps more objects of pity than punishment, for the way in which they are brought up renders them very liable to be easily drawn into crime. With regard to the other class, they are continually before our criminal courts, and leniency seems to have no impression on them. Therefore it is to be presumed that only the terror of criminal law and gaol discipline can affect such men as those. As regards the cases in the calendar, I would call your attention to one or two cases. There is a man, No. 31, Stephen Woolcock, who is charged with an assault with intent to rob. It seems the prisoner and the prosecutor were at a public-house drinking on the evening when the offence was committed, and on the latter leaving the house to return home, the prisoner made an attack on him. They had been drinking at a public house, as I have said, and am sorry to say that there are many cases that would not have been here but for the accursed practice of drinking. There appears to be no doubt that a grievous assault was committed by the prisoner, but if the evidence does not satisfy that it was an assault with intent to rob, I would advise you to find a bill for an assault only. The next case to which I shall refer, No. 34, Michael Drew, is one that does not often appear in a sessions calendar, and I shall not now refer more particularly to its nature. It is of a very disgusting character, and the evidence which will be brought before you will be of a very disagreeable nature. Therefore I would ask you before finding a true bill to investigate the case narrowly. Although for the ends of justice it is necessary that cases of this kind should be investigated, yet I think it would be better, if you have any doubt as to whether the evidence will sustain the offence, that the bill should be thrown out, than that the disgusting case should be tried in this court. On the other hand, if you are satisfied from the evidence, that the case is proved, it will be your duty to find a true bill, however disgusting the details may be. The next case is one of a somewhat peculiar character. It is that of Frederick Walker, who is charged with obtaining money under false pretences. The law is this, that a simple misrepresentation is not a false pretence, but a wilful misrepresentation of a distinct kind with intent to fraud, cognizable to the senses, constitutes the offence. The offence in question took place at Padstow, in this county, and it appears that the prisoner was in the habit of selling cheese by the usual mode, namely a taster, and this cheese which he then sold was found to be of a very different quality from that which the prosecutor tasted. Now, if the prisoner was cognizant of the inferior quality of the cheese which he sold it would constitute the charge of obtaining money by false pretences. There are two cases in the calendar of assault of an aggravated character, and I regret to say that Cornwall is not freer than other counties from offences of this character. In one of these cases the prisoner is a sailor, and the assault took place at the Sailors’ Home at Falmouth. The prisoner was there and was requested by the prosecutor to go away. He refused, and the prosecutor pushed him out, not using any unnecessary force in so doing, on which the prisoner took out a knife and stabbed him. In the other case the parties had been to a public house drinking, where a quarrel had taken place. On the prosecutor afterwards going home, the prisoner followed him, took out a knife and stabbed him. The next case to which I shall call your attention, No. 37, is a very peculiar one, in which a man named Mutton is charged with obtaining money under false pretences. He is a blind man, and it appears that he has been going about the county collecting money from the charitable, alleging that it was for the establishment of a blind institution. It seems that the statement was untrue, and that the money was for his own use. That would be a false pretence under the statute, and if the evidence should appear to you to sustain the charge, you will find a true bill. These, gentlemen, are the only cases to which I shall refer. The calendar will occupy you some time, for although there are 10 cases less than this time twelve- month, yet many of them are of an aggravated character. The rates that will be required, will be, for general purposes ¾d. in the £, being the same amount as was required this time twelvemonths; and for the police, a rate of ½d. in the £, being four rates less than at these sessions last year.