1865 Cornwall Quarter Sessions & Assizes Table of Contents 1. Cornwall Epiphany Sessions .........................................................................................................1 2. Cornwall Spring Assizes .............................................................................................................. 19 3. Cornwall Easter Quarter Sessions ............................................................................................... 45 4. Cornwall Midsummer Sessions ................................................................................................... 58 5. Cornwall Summer Assizes ........................................................................................................... 75 6. Cornwall Michaelmas Sessions ................................................................................................. 114 Royal Cornwall Gazette January, 6, 1865 1. Cornwall Epiphany Sessions The Epiphany General Quarter Sessions of the peace for the county of Cornwall, commenced on Tuesday morning last, in the County Hall, Bodmin, before J. J. Rogers, Esq., M.P., chairman, and the following magistrates:— C. B. G. Sawle, Esq. J. Hitchens, Esq. T. J. A. Robartes, Esq., M.P. D. Horndon, Esq. N. Kendall, Esq., M.P. R. G. Lakes, Esq. R. Davey, Esq., M.P. N. Norway, Esq. C. P. Brune, Esq. J. T. H. Peter, Esq. R. G. Bennett, Esq. W. Roberts, Esq. E. Coode. jun., Esq. F. M. Williams, Esq. W. H. P. Carew, Esq. F. Rodd, Esq. E. Collins, Esq. Hon. and Rev. J. T. Boscawen. R. Foster, Esq. Rev. S. Symonds. R. Foster, jun., Esq. Rev. A. C. Thynne Major Grylls. The following gentlemen were sworn as THE GRAND JURY. Mr A. Hambly, Bodmin, foreman. Mr T. Andrews, St. Columb Minor. Mr J. Beswetherick, Bodmin. Mr M. D. Broad, St. Columb Major. Mr J. Cobbledick, Mawgan. Mr J. Crang, Bodmin. Mr J. Drew, St. Austell. Mr S. Edmonds, Falmouth. Mr E. Hambly, Menheniot. Mr F. Hickman, St. Austell. Mr W. Hooper, Budock. Mr J. May, Mawgan. Mr J. Marshall, Bodmin. Mr R. B. Parkyn, Kenwyn. Mr F. Roberts, Mawgan. Mr G. Rowe, Menheniot. Mr J. Sobey, Menheniot. Mr P. Stocker, St. Austell. Mr N. Veale, St. Columb Major. Mr. J. V. Waycomb, Mylor. Mr G. Wright. Bodmin. Mr S. Cater, Kenwyn. Mr. W. Bennett. Her Majesty's proclamation against vice, profaneness, and immorality having been read, The CHAIRMAN addressed the Grand Jury as follows: —Gentlemen of the grand inquest—It is always gratifying to the Court to be able to say that there is always a good attendance of grand jurors at these sessions, for the purpose of assisting us in the administration of criminal justice, and I am happy to see that there is as good an attendance to-day as we usually have on these occasions. It is also a pleasure to me to have to assure you that your duties, though onerous in themselves, will be less so than usual at this time of the year. It generally happens that during the long hours of darkness of the winter, a greater number of offences against person and property are committed than during the summer months; but, although the calendar contains the names of 38 prisoners, it does not contain any cases in which any questions of law are likely to arise. There are four cases of house-breaking; but I believe in none of these will you experience any difficulty. They are all simple, straightforward cases, which will not require, so far as I can now see, any explanation from me as to the law bearing on them. Should any questions of law, however, arise on any of the cases that will come before you, I shall be happy to afford you any explanation you may require, so as to remove any difficulty that may present itself. I have before me the comparative statement, which is always presented to the Court by the governor of the gaol, showing the number of prisoners for trial compared with the corresponding sessions of last year; also, the number of prisoners received at the gaol during the last quarter, together with the number of debtors committed by the County Court, and I am happy to say that viewed in any way, it exhibits a more favourable criminal return than we had at this time last year. From this it appears that there have been received into the gaol, including the 38 now for trial, those committed under the Criminal Justice Act and the Juvenile Offenders' Act during the last quarter, 49 prisoners in all. In the corresponding quarter the number was no less than 60, showing a diminution of 11. Again, the total number of prisoners committed to the county gaol and received by the governor during the past quarter of 1864, was 150, against 176 during the corresponding quarter of last year, showing a diminution of 26. I also observe that fewer persons have been committed as debtors from the County Courts, the number in the quarter last year being 33, and this year 17, showing a diminution of 16. This decrease must be very gratifying to you and to the county generally; but yet it is no more than the county has a right to expect, because as you are aware, the county has been put to great expense during the last few years, in order to make proper preparation for the reception of criminals, and to place these establishments on a better and sounder footing; and having done so, I think we have a reasonable ground to expect that all this expenditure will not be for nothing. Whilst crime shows a very decided diminution, without being sanguine, we may reasonably indulge in the hope that this diminution may continue. At the same time, too, that we see crime diminish, the gaol expenses are considerably less. You will hear, by and bye, from the report of the visiting Justices, that the expenses of the gaol are less than they have been for many years past; and this, again is attributable to the improved system upon which we are now carrying on this part of the county business, and it is to be hoped that this reduced expenditure will be continual. It has been usual to announce, in the charge from the chair, the amount of the Coroners' bills for the past quarter. The Coroners' bills have been as follows:—Mr Carlyon, 30 inquests, at a cost of £104 0s. 4d; Mr Hamley, 23 inquests, £71 14s. 10d.; Mr Roscorla, 31 inquests, £94 0s. 3d.; Mr. Good, 9 inquests, £35 17s.; Mr Jago, 20 inquests, £59 9s. 3d.; making a grand total of 113 inquests, at a cost of £365 1s. 8d., being somewhat larger than that of the corresponding quarter of last year, when there were 101 inquests held at a cost of £360 16s. 6d. There had, therefore, been twelve more inquests during the past quarter, at a cost of about £6 more. From the Financial committee's report, you will hear that the general rate required for the next quarter will be sixteen thirty-seconds of a penny, in other words one halfpenny, which is less by one-eighth of a penny than the rate of the corresponding quarter of last year, when it was twelve thirty-seconds of a penny. The police rate will also be sixteen thirty-seconds of a penny, being the same as the rate levied in the corresponding quarter of last year. In conclusion the learned Chairman dismissed the grand jury to their duties. NEGLECT OF MAGISTRATES' CLERKS.—EXPENSES DISALLOWED. Before proceeding to county business, the CHAIRMAN said he must again call attention to the exceedingly negligent manner in which depositions were returned to the Court by magistrates' clerks. There was generally great irregularity in the mode of sending in depositions, and in one case now before him, No. 32 in the calendar, the depositions had only just now come in, though the prisoner had been committed three months ago. It was the duty of magistrates' clerks to assist the court in the administration of justice; but instead of doing so, they very frequently impeded its administration. In the bundle of depositions which he held in his hand, there were no fewer than ten sets without any manner of endorsement. In the case to which he had referred—that of James Henry Masters, for obtaining money by means of false pretences, at Egloshayle, committed on the 31st October—the expenses of the magistrates' clerk must be disallowed. This neglect was a great inconvenience, and rendered it absolutely impossible for the chairman to see whether there were any points of law which required to be explained to the grand jury. Last night a great portion of his (the chairman's) time was occupied in correcting the clerical errors of magistrates' clerks, which should not be one of the chairman's duties. There was a case of great negligence from St. Columb, and several cases from Callington; indeed, Callington was the most prolific in complaints of any place in the county— (laughter). The Court then proceeded with the C O U N T Y B U S I N E S S. COUNTY FINANCE. The Finance Committee reported the total balance due to the county to be £8,890 6s. 10¾d. On the general account there was a balance of £3,452 8s. 8½d. On the county police general account, a balance due to the county of £1,909 16s. 10½d.; and there was a balance due to the police superannuation fund of £151 16s. 5d.; and to the constabulary building fund a balance of £3,376 4s. 11d. The report was received and adopted, and the £151 16s. 5d., due to the superannuation fund was ordered to be invested in the Consols. The coroners' bills, as given in the Chairman's charge, were then allowed. COUNTY GAOL. Capt. Colvill, the governor of the gaol, reported, that since the date of his last report, nothing requiring any special remark had occurred. The conduct of the prisoners, generally, had been good and orderly, and he certified that the rules and regulations for the government of the prison had been complied with.