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1859 Cornwall Quarter Sessions & Assizes

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1859 Cornwall Quarter Sessions & Assizes 1859 Cornwall Quarter Sessions & Assizes Table of Contents 1. Epiphany Sessions ...................................................................................................................... 1 2. Lent Assizes .............................................................................................................................. 24 3. Easter Sessions ........................................................................................................................ 42 4. Midsummer Sessions 1859 ...................................................................................................... 51 5. Summer Assizes ....................................................................................................................... 76 6. Michaelmas Sessions ............................................................................................................. 116 ========== Royal Cornwall Gazette, Friday January 7, 1859 1. Epiphany Sessions These sessions opened at the County Hall, Bodmin, on Tuesday the 4th inst., before the following Magistrates:— Sir Colman Rashleigh, Bart., John Jope Rogers, Esq., Chairmen. C. B. Graves Sawle, Esq., Lord Vivian. Thomas Hext, Esq. Hon. G.M. Fortescue. F.M. Williams, Esq. N. Kendall, Esq., M.P. H. Thomson, Esq. T. J. Agar Robartes, Esq., M.P. J. P. Magor, Esq. R. Davey, Esq., M.P. R. G. Bennet, Esq. J. St. Aubyn, Esq., M.P. Thomas Paynter, Esq. J. King Lethbridge, Esq. R. G. Lakes, Esq. W. H. Pole Carew, Esq. J. T. H. Peter, Esq. J. Tremayne, Esq. C. A. Reynolds, Esq. F. Rodd, Esq. R.H. Stackhouse Vyvyan, Esq. Major Carlyon. Neville Norway, Esq. C. G. P. Brune, Esq. R. W. Peard, Esq. F. Howell, Esq. Rev. C. M. Edward Collins. R. Foster, Esq. Rev. T. Phillpotts. Augustus Coryton, Esq. Rev. H. Morshead. E. Coode, Jun., Esq. Rev. J. J. Wilkinson. T. S. Bolitho, Esq. Rev. J. Glencross. W. Michell, Esq. Rev. S. Symons. The Rev. William Pester Chappel took the oaths on induction to the Rectory of Camborne. The following gentlemen were sworn on the Grand Jury:— Mr. John George Mason, Callington, foreman. Mr. Charles Blake, Menheniot. Mr. Frank Bennetts, St. Austell. Mr. John Collins. Egloshayle. Mr. Thomas Taunton Clarke, Bodmin. Mr. John Coomb. Calstock. Mr. John Dingle, Callington. Mr. James Davey, St. Austell. Mr. Abel French, Davidstow. Mr. John Hoyle Geach, St. Winnow. Mr. Richard Hawke, Lansallos. Mr. Richard Hender, St. Neot. Mr. William Hoskin, St. Breward. Mr. Bennett Johns, Calstock. Mr. Richard Littleton, Liskeard. Mr. Joseph Lawry, Duloe. Mr. James Littleton, St, Winnow. Mr. Cornelius Moon, Liskeard. Mr. Christopher Henry Moody, Liskeard. Mr. Thomas Miller, St. Breward. Mr. Joseph Oke, Bodmin. Mr. Gerrans Pethick, Davidstow. Mr. Francis Pearce, Lanteglos by Camelford. The following gentlemen also answered to their names:— Mr. John Beswetherick, Bodmin. Mr. George Rabey, Menheniot. Mr. Thomas Rosevear, St. Stephens. Mr. Thomas Sargent, Liskeard. Mr. John Seccombe, Linkinhorne. Mr. Charles Tregenna, East Looe. Mr. Robert Thomas, East Looe. Mr. Henry Trestrail, West Looe. Mr. William Vosper, St. Stephens. Mr. Emanuel Wakem, Lanteglos. Mr. Richard Henry Andrew, St. Mabyn. [Charge to the Grand Jury (not transcribed] THE COUNTY ASYLUM. The CHAIRMAN read Annual Reports of the Asylum—from the Commissioners in Lunacy, from the Asylum Committee of Magistrates, and from the Medical Superintendent. [Editor’s Note: transcribed at the end of this document, as published in the newspaper.] The following Magistrates were elected Visitors of the Asylum for the ensuing year:—Lord Vivian, Lord Valletort, Colonel Coryton, Mr. E. Coode junr., Rev. C.M. Edward Collings, Mr. Sawle, Sir Colman Rashleigh, Mr. Brune, Mr. Coulson, and Mr. Brydges Williams. The following were elected the Committee for the Subscribers to the Asylum:—Mr. Kendall, Mr. Howell, Mr. Norway, Major Carlyon, and Rev. G.H. Somerset. THE COUNTY GAOL.—The Visiting Justices reported their continued satisfaction with the state of the Gaol, under existing circumstances; and that great credit was due to the Governor and his officers for the order and regularity which exist under the difficulties which daily arise from the state of the old and new buildings. —The following Magistrates were elected the Visiting Committee of the Gaol for the ensuing year:—Mr. Kendall, Sir Colman Rashleigh, Mr. Sawle, Mr. W. Hext, Mr. F.J. Hext, Mr. Thompson, Mr. Foster, Mr. Norway, Mr. E. Coode junr., Rev. C.M. Edward Collins, and Rev. Vyell F. Vyvyan. The New Gaol.—The CHAIRMAN read the following Report from the New Gaol Building Committee: "January 4, 1859. “The new Gaol Building Committee beg to report that considerable progress has been made in the Buildings since their last Report" though the general progress has not been so rapid as the terms of the Contract insist on.—The Committee as requested, have given their best attention to the suggestions of the Chaplain as to the arrangements of the Chapel; but the Committee, the Architect, and the Governor, have come to the conclusion that such arrangements are not feasible.—Tenders for the Water and Gas Works have been received; those of Mr. Vicary, of Exeter, being the lowest, have been accepted, at the sums of £725 for the former, and £330 for the latter. Mr Vicary has since requested the Committee to permit him to amend his tender, on the ground of certain errors in quantities on which he based his calculations. The Committee have requested Mr. Vicary to make his appeal to the justices in quarter Sessions assembled.—Messrs Coode and Shilson have sent in their account, extending from September 1854 to Christmas 1858, amounting to the sum of £240 ; the Committee have examined and passed the sum for payment. (Signed) N. KENDALL, Chairman. Mr. VICARY addressed to the Court some observations, which were deemed generally satisfactory, on the subject of his Tender and application for leave to amend it. It appeared that a person whom he had sent down from Exeter to take measurements had left out the whole of the 2½ inch gas pipe, and had committed several other errors; and that, in consequence of an alteration of an appointed meeting of the Committee, rendered necessary by the Winter Assizes, Mr. Vicary had been deprived of a timely opportunity of meeting the Committee on the subject, previous to their acceptance of his Tender.—After some conversation, in which Lord Vivian, Mr. Kendall, and Mr. Bolitho, were the speakers, it was determined by the Court, to release Mr. Vicary from his defective tender, and that it should be left to the Committee to determine on the tender they will now accept.—It was stated by Mr. KENDELL (sic) that Mr. Vicary 's tender, as amended, was still the lowest before the Committee. [GAOL EXPENSES.—not transcribed] GOVERNOR’S REPORT.—The governor had much satisfaction in reporting the reduced number of committals during the last quarter, being 19 less than in the preceding quarter. He was also happy to report the general orderly conduct of the prisoners. —The Governor certified that the rules and regulations for the government of the prison had been, as far as practicable, complied with ; and that the several defects and dilapidations before reported continued to exist; but under present circumstances, he did not recommend any repairs of consequence being undertaken. —The comparative statement showed that at the commencement of the Epiphany Sessions, 1858, the total number of prisoners for trial was 26; besides which there were at that time in gaol, 14 under the Juvenile Offenders Act, and 3 under the Criminal Justice Act.—At the commencement of the Epiphany Sessions, 1859, there were for trial, 36, and there were in gaol 15, under the Criminal Justice Act.—The total number of prisoners received in the gaol in the quarter ending Christmas 1857 was 146; in the quarter ending Christmas 1858 was 131; showing a considerable decrease. COUNTY COURT PRISONERS.—Mr. LAKES said at the last Missions he asked for a return of committals from the county court, charged to the county rate. Mr. Everest had kindly furnished him with the return; but, as it appeared the matter was one over which the magistrates bad no power, it would be useless for him to occupy the time of the court. He would, however, beg leave to suggest to their representatives in parliament, to consider whether the law was not defective in this respect. In the year 1858 there were as many as 165 such committals; and it appeared that those committals were not in respect of the actual debts, but for contempt of court. He thought it was worth consideration, whether, instead of committing a man for contempt of court, it would not be better to seize and sell his goods, as was done in cases of poor-rate; he thought this would be better than sending a man to gaol at the expense of the county. If a detailed account of the 165 cases could be obtained, he believed it would tell a fearful tale to the rate- payers in their different parishes. —The CHAIRMAN presented the bill, from Messrs. Coode, Sons, and Shilson, amounting to £212 10s. 10d., on account of the new gaol, as referred to in the above report ; and the bill was allowed. CORONER’S INQUESTS.—The following Coroners’ Bills for the last quarter were allowed:—[not transcribed] —The CHAIRMAN said he had been requested, by the Police Committee, to suggest to Coroners the propriety of employing the County Police, instead of parish constables, for the purpose of summoning juries; for the reason that the employment of the county police would impose no cost on the county; and as the county police was an expensive force, it was right they should all endeavour to save wherever it was possible. —Sir COLMAN RASHLEIGH desired to ask a question of Mr. Hamley, with reference to his inquest on a poor woman in the parish of St. Blazey; it appeared that the poor woman was frightened some little time before her death; and it was supposed there was very little doubt she died of fright. He wished to ask Mr. Hamley why he did not have a post mortem examination.—Mr. Hamley stated in reply that, on the evidence and opinion of the medical man, the jury were satisfied the woman died from congestion of the brain, and not from fright.
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