1853 Cornwall Quarter Sessions and Assizes Table of Contents 1. Epiphany Sessions .................................................................................................................... 1 2. Lent Assizes ............................................................................................................................ 21 3. Easter Sessions ...................................................................................................................... 59 4. Midsummer Sessions ............................................................................................................. 83 5. Summer Assizes ..................................................................................................................... 96 6. Michaelmas Sessions ........................................................................................................... 114 Royal Cornwall Gazette 7 January 1853 1. Epiphany Sessions These sessions were opened at Bodmin, on Tuesday the 4th instant, before the following magistrates:— J. KING LETHBRIDGE, Esq., Chairman; Sir W.L.S. Trelawny, Bart. W. Morshead, Esq. Lord Vivian. B. Coode, jun., Esq. Hon. G. M. Fortescue. F.J. Hext, Esq. Sir C. Lemon, Bart., M.P. R. Gully Bennet, Esq. Sir J.S. Graves Sawle, Bart. T.G. Graham, Esq. Sir Colman Rashleigh, Bart. W. Carpenter Rowe, Esq. N. Kendall, Esq., M.P. H. Thompson, Esq. C.B. Graves Sawle, Esq., M.P. E. Stephens, Esq. F. Rodd, Esq. W.P. Kempe, Esq. J. Davies Gilbert, Esq. T.R. Avery, Esq. W. Hext, Esq. Rev. Prebendary Lyne. Humphry Willyams, Esq. Rev. R. Buller. C.G. Prideaux Brune, Esq. Rev. A. Tatham. N. Kendall, jun., Esq. Rev. S. Symonds. W. Braddon, Esq. The Rev. R. Byrne Kinsman, of Tintagel, qualified as a magistrate. The following gentlemen were sworn on the Grand Jury:— Mr. George Tallack, St. Austell, foreman; Messrs. H. Andrews, St. Mary; Edward Arthur, Lanteglos; Richard Barrett, St. Mary; J. Pascoe Bennett, St. Mary; William Clyma, St. Mary; Matthew Courtenay, St. Mary; Henry Cossentine, Lanteglos; Peter Clymo, Liskeard; Francis Croker, Liskeard; William Cossentine, St. Veep; John Davis, St. Mary; James Davies, St. Ewe; John Furniss, St. Mary; Thomas Firks, Liskeard; Peter Gerry, St. Neot; J. Mac Farlane Heard, St. Mary; John Thomas Hawkey, St. Neot; James Bennett Job, St. Mary; John Lambe, St. Veep; Robert Parnell, St. Ewe; William Richards, East Looe; William Rundell, St. Veep. After the Queen’s Proclamation had been read, the CHAIRMAN delivered his CHARGE TO THE GRAND JURY:—[not transcribed] The Grand Jury then retired to their room. [VISITING JUSTICES REPORT.–not transcribed] CORONERS’ BILLS.—The following bills for the last quarter were allowed:— Mr. Hamley, for 37 inquests £152 2 4 Mr. Carlyon, for 28 " £ 99 16 9 Mr. Hichens, for 25 " £ 71 18 5 £328 17 6 In answer to questions from the Chairman, it appeared that Mr. Hamley had held 10 inquests in cases of wreck; Mr. Carlyon, 3; and Mr. Hichens, 2. For the corresponding quarter last year the bills were:— Mr. Hamley’s £35 13 1 Mr. Carlyon’s £73 3 3 Mr. Hichens’s £86 10 9 £295 7 1 [GOVERNOR’S REPORT.—not transcribed] COMPARATIVE STATEMENT OF PRISONERS.—The CHAIRMAN, previous to reading the comparative statement of prisoners at the Epiphany Sessions of 1852 and 1853, regretted that the return for the present sessions was not perfect, inasmuch as no information had been given to the Governor of several prisoners held to bail. He hoped that gentlemen who, in future, might hold prisoners to bail would be kind enough to write to Mr. Everest giving the names of the prisoners and the nature of their offences, so that they may be included in the Governors comparative Statement. The Chairman acknowledged that at these Sessions he had no reason to complain, as he had on some previous occasions, of depositions not having been sent to him. He then read the Comparative Statement. EPIPHANY SESSIONS 1852. Felons in Custody 33 do on Bail 6 Misdemeanants in Custody 4 do on Bail 2 For Assaults, in Custody 1 do on Bail 1 47 EPIPHANY SESSIONS 1853. Felons in Custody 27 do on Bail 9 Misdemeanants in Custody 4 For Assaults, in Custody 1 41 From the circumstance he had mentioned, the statement for the present session was incomplete. WESTERN DIVISION.—Mr. Moorman, Surveyor of Bridges in the Western District, reported that on the 21st November last, in consequence of the quantity of rain which had fallen, the river at Saint Blazey Bridge was so much swollen that the embankment about 100 yards above the bridge gave way, by which means very considerable damage was done to the road at the western end of the same; also to the property of individuals to a great extent below the bridge, depriving the public of the use of the road for several days, and endangering the lives of the people of the village.—The Surveyor reported further that these consequences arose from the very great quantity of gravel and sand thrown into the river by steamers and others, whereby the bed of the river has been raised so high (at least four feet), that the water had forced down the embankment in violation of the Act of Parliament of 33rd Henry the 8th, cap. 8.—The Surveyor also reported that the choking of the river at Cornelly Bridge was attributable to a similar cause. After the reading by the CHAIRMAN, of some notices relative to the question of liability to repair the embankments of St. Blazey river; Mr. KENDALL, drew the attention of the magistrates to the subject as one of great importance. It was not merely the leat that was in question; but there was a serious consideration affecting the County Bridge at St. Blazey. He held in his hand a memorial from the people of St. Blazey, entering into details; but he would simply state that for several years St. Blazey Bridge had been gradually filling up, and at the recent flood the water way was so very small that the banks were burst, and the water running first into Mr. Treffry’s reservoir, and then bursting into the reservoir, did very great damage. Then came the question, what the County was to do with the Bridge. It was a very serious matter, and he would ask the County to appoint a Committee to inquire into it. He found that in olden time, a person was employed annually, and received £20, to clear the water—way below the Bridge. That expense was defrayed in proportions, by the parish of St. Blazey, by Lord De Dunstanville on account of his lands in Tywardreath, and by the miners; and, in addition to that, the tin streamers, who did all the damage, used to come down once or twice a year when floods were expected, and clear the leat. But since the land had been enclosed there, the river had been never cleared by any person, because nobody thought it was his duty to do so. What then was to be done? The river was filling up. At the late flood there was a narrow escape for 150 persons, who were boated out of their houses; and 8 or 10 were carried by the clergyman of the parish,—the strongest and boldest man among them. There was no reason why similar accidents might not be expected every two or three years; as the bridge was being filled up. He would therefore beg to move that a committee be appointed to inquire into the source of the mischief—the mode of remedy—and the parties liable for the expense thereof. Mr. SAWLE said there was no doubt that the river was being filled up by the clay works and stream works above. Mr. ROWE said there could be no doubt that the persons who caused the obstruction were legally liable; the only question was as to the mode of proceeding. Lord VIVIAN urged the importance of immediate steps being taken, and suggested that if a Committee were appointed, it might at once make its recommendation to the Bench. Mr. KENDALL suggested that the Committee should be invested with certain powers of immediate expenditure, in order to prevent further damage; but then there was the difficulty that that might be committing the County to a certain extent. Mr. SAWLE would move that the committee should also be empowered to consider the state of the St. Austell Bridges, where the same process was at work that was complained of at St. Blazey. Mr. KENDALL had no objection; but thought they should be taken seriatim. Lord VIVIAN thought the committee should be empowered to do no more than advise the Bench; and that might be done immediately.—Mr. ROWE concurred in this view. Mr. KENDALL observed that there were yet 4 or 5 months before them in which floods might be apprehended; and therefore he thought the committee might have power to expend 20 or 30l. in clearing the river below the bridge, so as to prevent further damage; and then the County could bring its action against the parties whom the Committee might consider liable for re-payment. The CHAIRMAN observed that, although, as had been stated, other persons had taken upon themselves the onus of clearing the river, yet primarily and towards the public at large, the County might be held responsible. Sir COLMAN RASHLEIGH remarked that for 12 or 14 days that part of the turnpike road which was kept by the county was impeded in consequence of the county bridge not carrying off the water; and in that way the county was liable. Finally, it was resolved to appoint a committee to enquire into the cause of the damage—the mode of prevention, and who is liable for repairs; and also generally to advise the county as to the mode of proceeding. The committee to consist of Lord Vivian, the Hon. G.M. Fortescue, Mr. Kendall, Mr. Sawle, Sir Joseph Sawle, Mr. Rowe, Mr. E. Coode, jun., Mr. Graham, and the Rev. C. Lyne; with power to add to their number. EASTERN DIVISION.—Mr. PEASE, bridge surveyor for the Eastern division, reported that, notwithstanding the almost unprecedented quantity of rain which has fallen during the last three months, no serious damage has been sustained by either of the bridges in his division.—The plan for Looe bridge which he submitted at the last Sessions, and which was approved of by the Court, was subsequently transmitted to the Admiralty for the approval of the Lords Commissioners.