WEST BRITON AND CORNWALL ADVERTISER , 9 JANUARY 1857 CORNWALL EPIPHANY SESSIONS . Printed and Published, for the Proprietors, by ELIZABETH HEARD AND SONS, Printers and Publishers, at No. 32 Boscawen Street, in the parish of St. Mary, in the borough of Truro, in the county of Cornwall on Thursday evening, the Eighth of January, 1857. . QUARTER SESSIONS . These sessions were opened in the County Hall, Bodmin, on Tuesday last, when in consequence of the election of chief constable of the county police taking place on that day, there was a very full attendance of the magistrates of the county. . GOVERNOR'S REPORT - The Governor of the county prison had great pleasure in reporting the general orderly conduct of the prisoners during the last quarter, as well as their state of health, which had lately so much improved that the hospital was now unoccupied. The following were the gaol expenses for the past quarter:- . Subsistence...................................................GBP...275.13.02 Clothing.............................................................87.09.04 Bedding...............................................................5.12.10 Fuel.................................................................52.12.02 Sundries.............................................................54.06.06 Salaries............................................................312.17.00 Pensioned Warder......................................................6.00.00 Paid prisoners at discharge...........................................6.01.00 Expenses at Michaelmas Sessions......................................14.05.06 Coffin and funeral expenses of A. Grigg...............................1.18.00 Female singers........................................................1.00.00 Whipping..............................................................0.05.00 Messrs. Commins and Son, for endeavouring to ascertain the settlement of Catherine STEPHENS........................2.07.02 Credit by cash for subsistence of two military prisoners..............0.16.06 Repairs..............................................................06.13.10 ...............Total............................................GBP 826.05.00 . The CHAIRMAN also read a comparative statement of prisoners, from which it appeared that the number for trial at the Epiphany Sessions, 1856, was 23; at these sessions, 37. . ELECTION OF THE CHIEF CONSTABLE . [The CHAIRMAN explained the procedure he would follow, striking off the candidate with the lowest vote total after each round of voting until only two remained to vote for.] . Mr. CAREW suggested that the proceedings would be shortened by adopting the course pursued in Devon, which was that all candidates recommended by the committee were considered as proposed and seconded. This was agreed to. . Lord VIVIAN believed they were under a misapprehension at the last sessions in considering the memorandum from the Home Office, in reference to the chief constable, to be merely a suggestion; he believed it was an instruction, and binding upon the magistrates. He believed if they elected a gentleman over the age of forty-five, they would find their act nullified by the order of the Home Secretary. ...He thought it right to mention this because he was given to understand that one of the candidates was over the age mentioned. . Rev. E. J. TREFFRY asked if any one of the candidates had a majority at the first poll, whether that would decide the election. The CHAIRMAN said it would. . Mr. E. COODE, Jr., did not speak exactly as chairman of the committee, but at the wish of all the members of the committee to whom he had spoken; and he must say, with all respect to the decision of the late adjourned sessions, that they disclaimed all responsibility with regard to the scheme adopted at that sessions. He did not wish to speak disrespectfully of the late adjourned sessions, for they had a right to do as they did - at the same time, the number of magistrates present was actually smaller than the number of the committee. [and so on, for several sentences.] . He had no wish to detain the court any longer, but he should like to know if the Chairman thought it was possible to postpone the appointment of an officer who appeared to him and other members of the committee as totally unnecessary - the chief superintendent at a salary of GBP 150 a year. As far as he could ascertain the sentiments of the committee, they thought that officer would be a sort of deputy chief constable, an officer they did not want. The difference between GBP 90 and GBP 150 was great, and they wished to save the county that expense. He feared if this matter were left until after the chief constable was elected, it would be too late, as the chief constable might think he was at liberty to fill up that office. He (Mr. Coode) wished to know if it was possible to postpone that appointment. . [Conversations regarding the question were then recorded, including comments by the Rev. U. Tonkin and the Chairman. They agreed the position did not have to be filled, but left it to the discretion of the chief constable, once he was chosen.] . Mr. D.P. LeGRICE thought before they proceeded to the election, the court should suggest where the chief constable ought to reside. It was now perfectly open; he might reside on the banks of the Tamar if he pleased. He would suggest that the chief constable should not reside east of Bodmin or west of Truro. Mr. LeGrice added that he should certainly have attended at the last adjourned sessions if he had thought there was the least chance of the magistrates making any alteration in the organization of the police force as proposed by the committee. . Mr. WILLYAMS, referring the remarks of Mr. E. COODE, jun., said everything the committee had suggested had been thrown overboard by a small meeting of magistrates at the last adjourned sessions. He was sorry the committee had not met for the express purpose of repudiating the whole of the scheme passed at that sessions. [He pointed out the county agreed to the report produced by the committee, and only seventeen magistrates had changed everything the committee had done. He observed that not more than one or two of them had ever before attended at any one of the meetings.] . Mr. CAREW said it was not the fault of those at the last adjourned sessions that there were so few present. They waited several hours at great inconvenience for other members of the committee, after which they proceeded to business and did the best they could. . The CHAIRMAN said it was his misfortune, not his fault, that he was not present. The weather was such in his part of the world that it was almost impossible for man or beast to get out. He delayed till it was too late for him to come; but he had not the slightest idea that the report would be upset. . [Mr. RODD pointed out no mention of the first meeting had been made in the papers. Others said they had not attended because there had been no report in the papers as well, and some were absent from the county.] . The CHAIRMAN then read the names of candidates for the office of chief constable. [Colonel Seymour HAMILTON withdrew as he was more than forty-five. Mr. John DUNN also withdrew, as he was elected for Cumberland and Westmoreland.] . There then remained four candidates on the list: Colonel Gilbert, Captain Harston, Mr. Somerset Keogh, and Captain Phillips. After balloting, Colonel GILBERT having more than half the number of votes, it was his duty to declare him elected to the office of chief constable. (Applause from people in the court.) . The last of the agenda, to take measures for making a police rate for the county, was adjourned for consideration till the next day. ............................. TRIALS OF PRISONERS JOHN PERRY, 40, pleaded GUILTY of stealing a jacket, the property of William Henry SIMMONS, at Crowan, on the 23rd of September. ............................. . DOROTHY BRAY, 18, pleaded GUILTY of stealing a gold ring, the property of Nathaniel MAY, at St. Columb Major, on the 17th of November. ............................. . Henry CHESTERTON, 36, was charged with stealing a pair of trousers, value 10s.9d., from the shop of Robert CLARKE, of Truro. Mr. J. B. COLLINS conducted the prosecution. It appeared that on the 17th of October, Richard PHILP, an assistant in the shop of Mr. Clarke, mercer and tailor, Boscawen Street, Truro, missed a pair of trousers which had been hung up at the door. The prisoner, on the same evening, met a woman called POWELL in the street, and asked her if she would direct him to a pawnbroker's shop, as he wanted to pawn a pair of trousers. She took him to one shop, where they would not pledge the trousers. She afterwards left him, and on meeting police constable PRATER informed him of the circumstance. Prater (who then belonged to the Truro police) went after the man and found the trousers in his possession, which were identified as Mr. Clarke's property by means of a private mark. Verdict, GUILTY. . ............................. . WALTER JOHN WILLIS, 24, a miner, was charged with stealing two sovereigns, five shillings, and half-a-crown, the property of James NICHOLLS, at Linkinhorne, on the 23rd of November. . Mr. FROST, for the prosecution, called James Nicholls, who in November worked at Marke Valley Mine, and on Saturday night the 23rd of November, which was pay night, was at ALLEN's beershop, in Linkinhorne parish. The prisoner worked at the same mine. Prosecutor said he had received GBP 4.4s.6d, of which he changed one sovereign. It was his duty to watch the engine at the mine that night, and he went there for that purpose, and the prisoner accompanied him. . Prosecutor went to sleep on a bench, and prisoner also laid down. In the morning prosecutor was called by another man; if anything had gone amiss it was the engineman's duty to call him as the watcher. When he awoke, prisoner had left the place. Prosecutor found his silver had been stolen from his trousers pocket, and three sovereigns from his watch pocket. He went after the prisoner to Allen's beerhouse, where he found him, and on sending for a constable and having him searched, two sovereigns were found in his stockings. The prisoner said he had received pay himself, and it was money of his own in his stockings. He told a long story to the jury, but they did not believe him. Verdict GUILTY. . The COURT then rose. . WEDNESDAY, JANUARY 8 (Before J.K. Lethbridge, Esq.) ............................ . WILLIAM THOMAS, 53, labourer, pleaded guilty of stealing a quantity of potatoes, the property of Thomas COLLINS, at Truro, on the 12th of December. ............................ . JOHN GRIMES, 30, was charged with stealing a quantity of barley in the straw, the property of James LUCAS. Mr. SHILSON called the prosecutor, who stated that he is a farmer in Stratton parish; prisoner is a farm labourer, and lives near prosecutor's premises. . Prosecutor had three mows of barley in his mowhay, and having lost barley, he watched in the mowhay four nights. On Thursday night, the 20th November, prosecutor was entering his mowhay at the higher gate, and heard some one go out at the lower gate. He went and examined a mow, and found half a sheaf had been pulled out and left behind, and about two sheaves carried away. It was very dark, and he did not go in pursuit of the prisoner, of whom he had suspicion, but waited until he thought prisoner had gone to bed, when he went and searched prisoner's pig's-house, and found there about two and a half sheaves of barley. . He went for policeman MOORE, and they went and accused prisoner of the theft. The rest of the evidence showed that prisoner confessed his guilt and offered Mr. Lucas GBP 2 to forgive him. Policeman Moore gave evidence of footmarks near the premises and into prisoner's house, corresponding with prisoner's boots. John CARTHEW, a neighbour of prisoner, also gave evidence. Verdict GUILTY. ........................... . ELIZABETH FRANCIS, 53, was charged with stealing a coat and ten yards of cotton print, the property of John GEARY; in a second count she was charged with feloniously receiving the same. Mr. CORNISH, for the prosecution; Mr. SHILSON for the defence. . John GEARY, a pawnbroker at Redruth, said on the 4th of December he had a coat and a light lilac dress in his shop. On the 6th of December, he missed the coat, and went to constable HODGE, and the coat and dress were found at another pawnbroker's, called MARTIN. Edward MARTIN, pawnbroker at Redruth, stated that on the 5th of December, prisoner pawned the dress at his shop, and on the 6th she pawned the coat. Prisoner, when before the magistrates, said she picked up the things. Geary, on cross-examination, said the articles were placed on a shelf near the door, and many persons went in and out of the shop daily. . Mr. SHILSON addressed the jury, contending that the evidence was insufficient. Verdict, GUILTY of receiving, knowing to have been stolen. A former conviction at the assizes in 1847, was proved against the prisoner, for uttering a forged request for goods. ........................... . SAMUEL TERRILL, 16, was charged with stealing a donkey, the property of Thomas TREWARTHA, a miner of St. Agnes. Mr. CORNISH appeared for the prosecution, and Mr. SHILSON for the prisoner. . It appeared that on the 6th of August, prosecutor put the donkey in a field near his house, and on the next morning it was gone. He had no account of it for three or four months after, when he found the donkey in possession of Joseph KEMP, who lived about four miles off, and who stated that he bought the donkey of the prisoner on the 8th of September. Prisoner's statement was that he exchanged the donkey for another with a man who lived at Redruth, but whose name he did not know. There were other circumstances which appeared to give credit to the prisoner's account of the transaction, and the Chairman summed up in his favour. Verdict, NOT GUILTY. . ......................... . WILLIAM COOKMAN, 32, was charged with stealing a sheet and a shirt, the property of Mathew SOWDEN, at Madron, on the 24th of November. Verdict, GUILTY. A conviction at the assizes in July, 1853, for felony, was also proved against the prisoner. . ......................... . JAMES WHEELER, 23, was charged with stealing, on the 5th of November, a cheese, the property of John and William HODGE; and in a second count the prisoner was charged with stealing from the person of William ROBBINS, the servant of Messrs. Hodge, certain monies, their property. Mr. FROST appeared for the prosecution, Mr. SHILSON for the prisoner. . William Robbins stated that he is a waggoner in the employ of Messrs. HODGE, of Launceston, who are carriers from Launceston to Plymouth and other places. On Monday the 3rd November, Robbins went from Launceston to Plymouth with his master's waggon. About four miles from Launceston, he saw the prisoner, who asked to ride, and on telling who he was, the waggoner allowed him to ride to Plymouth, where he said he was going to get work. They arrived at Plymouth on Tuesday morning, and remained there till six or seven in the evening. . Robbins had taken oats to Plymouth, and he received the money in payment, between GBP 7 and GBP 8; prisoner was present when the money was paid. Robbins allowed prisoner also to return with him and on the Launceston side of Milton Abbott, he asked prisoner to drive the waggon, which prisoner did, and Robbins lay down to sleep, and slept until the waggon arrived within about a gunshot of the Launceston turnpike gate. . When Robbin awoke, he said he felt something like a hand inside his waistcoat; he had placed the money he had received at Plymouth in an inside pocket of his waistcoat. At the same time, there was a Dutch cheese just inside the head of the waggon, which Robbins took up and threw back to the hamper where the others were. . Just after Robbins awoke, the prisoner left the waggon, and Robbins did not then suspect him of stealing, but on driving on to the Launceston turnpike gate, and putting his hand inside his waistcoat for money, he found that he had been robbed, but his purse was left. On cross-examination, Robbins denied that he had had a 'spree' at Plymouth, or was tipsy when he lay down to sleep; he did not "spile" a cask of beer which was in the waggon on the way home. He lent prisoner 6d. at Plymouth and gave him something to eat. . Mr. W. HODGE, carrier in partnership with his father at Launceston, stated that the cheese in the waggon was for Mr. John PEARCE, at Launceston. There had been no beer taken from the cask in the waggon by Robbins. . Evidence was also given by the father of Robbins, who went in pursuit of the prisoner. He said prisoner stated he had no money and said his name was VEALE, not Wheeler. He was afterwards searched by policeman SAMBELLS, to whom he also denied that he had any money. Sambells found about his person GBP 5.9s.11d.; half-a-sovereign was in his tobacco box, and another half-sovereign was concealed inside the lining of his trousers; there was also a Dutch cheese in his coat pocket. . Mr. SHILSON having addressed the jury for the prisoner, the CHAIRMAN summed up the case. Verdict, GUILTY. ........................................... . COUNTY BUSINESS THE COUNTY CONSTABULARY AND POLICE RATE . Mr. E. COODE, jun., chairman of the police committee, presented a report of that committee, stating however in the first place, that the committee were aware they were travelling out of the usual course of business in asking the court, when due notice had not been given, to alter the decision come to at the last adjourned sessions in regard to the county police force. . The committee appointed yesterday being invested with full powers on the subject, and having had the assistance of the chief constable, had been induced, after consultation with him, to make some slight alterations in the scheme; for if they had given notice to move for such alterations at the next sessions, it would have been impossible in the mean time for the chief constable to arrange his matters satisfactorily; he could not do so unless he knew what scheme he had to work upon. The committee therefore requested the court to dispense with the usual notice, and to adopt the scheme as now amended; the cost of which would be somewhat less than the scheme adopted by the second adjourned sessions. . The committee recommended that the county should be divided for police purposes into six superintendents' districts, each to be under the charge of a superintendent, and that one extra superintendent should be appointed for the head quarters at GBP 100 per year; two at GBP 95; two at GBP 85; and two at GBP 75. There were ten inspectors proposed to be appointed at GBP 65 per annum each. He should explain that that number had been adopted in order that there might be either a superintendent or an inspector in each petty-sessional division. In the original scheme there were sixteen inspectors, one for each petty-sessional division; but it was the opinion of the chief constable that the work of the county could be done by ten inspectors together with the six superintendents. . There was also to be one serjeant-major at GBP 60 a year; sixteen sergeants at 21s. per week; forty-eight constables at 18s., and ninety-six constables at 16s. a week. It was proposed that the chief constable be authorized to rent for twelve months the necessary accommodation for stations in each petty-sessional division, at a cost not exceeding GBP 200 per annum. [The page is wrinkled from here, causing gaps in the words.] . The pay of the above officers, together with that of the chief constable, GBP 500 per annum, would amount to GBP 8933.12s., to which add for clothing, including boots, GBP 1056, and for annual contingencies, such as forage, repairs, remounts, printing, oil for lanterns, &c., GBP 400, with .... for stations GBP 200, making GBP 600, and the probable .... cost of the force would be GBP 10,583.12s. . For the .... outfit, expenses which would not soon have to be in ..... again, GBP 800 was put down, for cost of horses, carts, ..... saddles and bridles, handcuffs, lanterns, cutlasses and ...., lamp-belts and capes, straps, books and stationery, stable dec...., and office and other furniture. Taking the annual cost at GBP 10,583.12s., Mr. Coode said a rate of 3d. in the pound on the present value of the county rate, would give a sum of GBP 10,966.8s., which would more than cover the annual expense of the force, even without taking into account the government allowance. . For the present quarter, the committee thought it would be necessary to raise more than a quarter part of 3d. in the pound, as there were many extra expenses to be first provided for. They therefore proposed that a police rate of 1d. in the pound should be made for the present quarter, and that the county treasurer should be authorized to make payments on account of the force, on receiving a requisition to that effect from the chief constable. . The Rev. U. Tonkin moved that the report of the police committee be adopted, which was seconded by Mr. S. DAVEY, and carried unanimously. . [Mr. Coode then moved several resolutions regarding the committee, and equalizing rates. They were passed.] . . Julia M. . West Briton Transcriptions, 1836-1856 at http://freepages.genealogy.rootsweb.com/~wbritonad St. Austell Area History and Genealogy at http://freepages.genealogy.rootsweb.com/~staustell