[List-Cumbria] Carlisle Journal, 03 Sep 1814 - Cumberland Assizes (15)

[Petra Mitchinson]

ATKINSON v. MESSRS. HEWSON. 

 

This was a dispute respecting a quantity of calicoes sold by plaintiff (who is a manufacturer in Dalston) to Messrs. HEWSON in
Carlisle. The defence set up was, that many of the pieces were damaged and not saleable. After an examination of a great number of
witnesses, the plaintiff got a verdict. 

 

[This trial and several others were decided in the Crown Hall, to expedite the great mass of business. As we had no reporter there,
this must stand as an excuse for any deficiency in our statements.] 

 

SUTTON v. TODHUNTER AND OTHERS. 

 

This was an issue joined to try what right the plaintiff had to a share of Hutton Soil common, now under inclosure.-The plaintiff
has an estate at Berrier, adjoining this common, for which he claimed a right upon it. It appeared that Berrier common had been
enclosed some time, and plaintiff had obtained his share at that common in right of his tenements at Berrier, which also adjoin the
waste grounds in dispute.-A great number of witnesses (mostly aged people) were called, who all gave a clear testimony that Mr.
SUTTON and the former proprietors of the estate had cut turf and grazed their cattle upon the common of Hutton Soil.-In the defence
there were likewise a number of witnesses produced,-when the Judge happily elucidated the mass of contradictory evidence; and the
Jury brought in a verdict for the plaintiff. 

 

DAWSON v. DUKE OF NORFOLK AND OTHERS. 

 

This was likewise an issue to try the right of the tenants of Martindale to a share of common upon the above-mentioned waste-grounds
of Hutton Soil, now under inclosure.-In this trial, a great mass of evidence, both parole and written, was produced to prove the
right; and the counsel for both parties used their utmost abilities in behalf of their respective clients. 

 

The Judge, in a peculiarly luminous manner, cleared up the intricate subject, and directed the Jury to find for the plaintiff, which
they accordingly did. 

 

Amongst the evidence for the plaintiff a record was given in, respecting a suit which the tenants of Martindale had with Andrew
HUDDLESTON, Esq. Lord of the Manor of Hutton John, in 1690, wherein a decree of the Court of Exchequer was obtained in their favour.
The tenants, in this business, expended one half of their estates. There is a tradition, that a person, zealously active in the
protracted suit, walked on foot, from Matterdale to London, in three days, in a pair of wooden clog-shod Boots!!! 

 

Not less than 37 different suits depended upon the preceding; but those who urged them agreed to a compromize, and to take their
share of 1100 acres of the common. We understand that the amount of acres in the common under inclosure is 3500. 

 

---<OOO>--- 

 

Notwithstanding the Court continued to sit from Monday morning till Saturday evening, a number of very interesting trials were left
over until next year. Amongst others, was one relating to the claims of Sir Wastel BRISCO, Bart. and his tenants in Thursby, to a
share of Westward common, which is now in the course of inclosure. The delay keeps the whole common, consisting of some thousand
acres, uncultivated for another year, as all the tenants has been ordered by the commissioners to desist from depasturing it, as
they were about to appoint to each tenant his share; and this year the grazing for cattle being exceedingly scarce, the hardship
upon the numerous farmers have been severely felt. We must, however, in justice acknowledge, that both the Judge and counsel were
anxious to get through the business, and lamented that the Assizes were not held twice a year, though this measure would undoubtedly
be attended with considerable expence both to the county and the gentlemen upon the circuit. But as a great part of the business
before the Court related to the division of commons, which was temporary; it was to be hoped that they would be generally settled
next year. 

 

Another cause, WARWICK v. COLLINS, which was left over, had excited general and lively interest. It was respecting the tithing of
newly inclosed ground, and was tried last year, when a verdict was given for the defendant. WARWICK and another farm the tithes of
the parish of Warwick under the Dean and Chapter of Carlisle, and brought their action to recover tithes of the newly taken up
common.-After the decision at Carlisle, leave was obtained from the Court of King's Bench to bring forward a fresh trial: it was
entered No. 9 in the cause list, but passed over by the Judge, with certain remarks which it is not necessary to report.-Our readers
will remember that a few weeks ago we gave both the statute and common law upon this subject, so interesting to the whole community.


 

In our report of the causes at Nisi Prius we have endeavoured to fulfil our public duty with all impartiality. On such occasions,
however, it is almost next to impossibility to avoid committing some errors: if any material ones should be pointed out to us, we
shall feel happy in rectifying them, upon good authority. 

 

We cannot conclude without acknowledging the attention we received in both Courts. One thing, however, is wanting to procure that
perfect accomodation [sic], which is so necessary to reporters, in order to do still greater justice to the public. Were a box in
each Court assigned to them, where they would not be liable to be hustled and disturbed,-greater correctness might be expected, and
our duty rendered much more pleasant. 

 

 

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