[List-Cumbria] Carlisle Journal, 03 Sep 1814 - Cumberland Assizes (12)

[Petra Mitchinson]

Saturday 03 Sep 1814   (p. 4, col. 1-5)

 

CUMBERLAND ASSIZES. 

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NISI PRIUS. 

  

[continued] 

 

BROWN v. CHESTER AND OTHERS. 

 

This was an action brought for a trespass committed by passing over the grounds of the plaintiff without leave. It appeared that the
public road, which the defendant CHESTER had to the sea-shore, was, owing to late rains having swollen a brook by which it was
intersected, rendered impassable at the time of the alledged trespass, a circumstance which seldom occurred, and rendered the
passage over the plaintiff's grounds necessary.-On the recommendation of his Lordship and the counsel, an amicable arrangement was
agreed to; and nominal damages of 1s. were given for the plaintiff. 

 

BARNES v. WAITE. 

 

Another action of trespass, originating in the defendant watering his cattle upon the plaintiff's premises. This was an old dispute,
and had been some time before referred to arbitration, but without an adjustment taking place.-By advice of the Court the parties
were persuaded to settle the difference by referring it to the discussion of an impartial person, and a gentleman was accordingly
appointed, whose award was to be final. 

 

SKELTON & OTHERS v. BRISCO & OTHERS. 

 

The issue of this case was to establish a right to a share in the division of Blencogo East Common and Kelswick Moss. 

 

The first of the witnesses called on the part of the plaintiffs (some of whom conducted themselves in a manner which might be called
any thing but bashful) was Richard IRVING, who deposed as to his living with the plaintiff's father, Jeremiah SKELTON, for nine
years. SKELTON kept a stock of sheep and young cattle, which were turned chiefly on East Common, and also on Kelswick Moss; nor did
either the Kelswick or Dundraw people object to this until it was in agitation to divide and inclose the common. Witness further
stated that he had dug turf upon the common for his master-his master usually kept half a dozen young cattle at the time upon the
Moss in summer. On his cross-examination he stated, that there was a "bit of dyke" between the Moss and East Common; remembered
seeing gate-posts, but never observed a gate hung, nor understood that a herd had been ever kept upon the Moss. 

 

The counsel for the defendants here admitted the plaintiff SKELTON's right upon East Common, and that he had a field adjoining
Kelswick Moss. 

 

David BECK stated that he had lived with the plaintiff six years, and that it was usual for him to keep cattle and sheep on Kelswick
Moss and Whey-rigg Banks, and that he was never interrupted for so doing by the Dundraw people. Witness also stated, that his master
one summer sold six Scotch cattle, which depastured upon the Moss, to John DOCKRAY, and agreed to keep them there until they should
be taken away.-During his examination the witness kept continually thumping the wooden stump of his right hand against the box, and,
on being asked by the counsel his reason for so doing, he answered that he "had been a sailor, and accustomed to steer the ship, and
always to keep her in motion." Counsel-"You say your master had eight ewes and lambs on the common-were they lambs all the time?"
Evidence answered, "No, Sir, they could not be that." 

 

John DOCKRAY, who was next called upon, proved his having purchased four heifers from SKELTON, which were depasturing on Kelswick
Moss, and took them away two weeks afterwards. 

 

Robert FERGUSON said that he lived with SKELTON 14 years ago, and remained with him four years and a half; during which time
plaintiff had a flock of sheep-part of them were put upon Thorney-hill, and went from thence into Kelswick Moss,-had also two young
cattle on the Moss. The witness frequently saw the Kelswick and Dundraw people, but neither his master nor he were ever interrupted
by them. 

 

Richard IRVING (re-examined) stated that SKELTON kept part of his sheep on Thorney-hill and Longburn-rigg-this was 25 years ago-the
young cattle were turned upon the Moss. 

 

Wm. ROBERTSON deposed to his having observed plaintiff's sheep on Thorney-hill and Longburn-rigg 22 years ago. 

 

A great number of other witnesses were examined relative to SKELTON's cattle being on the Moss, and receiving no interruption. 

 

On the part of the defendants, Mr. Wm. WOOD was called, who stated that he was 59 years of age, and that his father had lived at
Whey-rigg-hall. Witness left that part the country 34 years ago, until which time, to his own knowledge, there was a fence kept up
between the Moss and East Common, and gates hung upon the road: if any cattle belonging to the people of Blencogo were found there,
they were turned out, and sometimes the Moss was driven. Mr. WOOD was convinced that SKELTON never had any right upon the Moss, nor
did he ever know that any of his cattle went there; though knew most of the stock depastured there, as he crossed the place daily
for several years, when going to school at Abbey-Holm. The fence was five feet high, and some thorns grew upon the top of it, at
Bell-stile-end. 

 

John BARWICK, aged 63, stated in evidence that his father was bailiff to the Earl of Egremont, and that Kelswick Moss was driven 23
years ago by the people of Dundraw and others upon the premises; on which occasion, six of Jeremiah SKELTON's cattle were taken and
impounded. SKELTON at first refused to pay the poundage, alledging that the cattle had strayed into the Moss; but at length paid
half a guinea and took them away. This witness also deposed that the plaintiff did not claim any right to the Moss, and that he
(BARWICK) remembered a fence being kept across. 

 

Verdict for the defendants. 

 

 

[to be continued] 

 

 

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