[List-Cumbria] Carlisle Journal, 02 Sep 1815 - Cumberland Assizes (18)

[Petra Mitchinson]

Saturday 02 Sep 1815   (p. 4, col. 2)

 

CUMBERLAND ASSIZES. 

  

(Continued from our last.) 

  

BARNES AND OTHERS v. JACKSON. 

 

Mr. TOPPING addressed the Jury for the defendant. (These actions, in which the evidence on the part of the defendant is first gone
into, sometimes produced a temporary embarrassment). His client has an estate at Blencogo, which joins the common of Dundraw; and in
this action he had to prove right of common on the wastes of Dundraw for his estate at Blencogo, which is not in the manor of
Dundraw. 

 

Richard WILSON, aged 74. Witness went to live in Blencogo 40 years since. Jos. JACKSON, father of defendant, had sheep, geese, and
cattle of all kinds, which he kept sometimes on Dundraw common. His sheep were heathed on Whey-rig bank. There was an opening from
Jos. JACKSON's land to the common; and by that opening beasts were turned on and off the common. Witness has seen his cattle beside
St. Cuthbert's stone; and has dug turf for JACKSON between the well and Waver-bridge mill, and has got flacks for him near the well.
Remembers that 40 years ago one of JACKSON's cows calved on the moor; and he helped her home with the calf. Never knew of the cattle
being disturbed.—Was never interrupted in cutting turf. Cross-examined. Remembers a great many turves cut by Blencogo people; but
did not see them burned. Did not say before the commissioners, that he got turves only on Whey-rig bank—said beyond the well. 

 

Mary WILSON, aged 72, wife of last witness. Witness lived at Blencogo 45 years since, and continued there 26 years.—knew Jos.
JACKSON—his lands adjoined on the common—he put his cattle there—had seen him drive his cattle by Keld-rig to Whey-rig, at times
every year for 26 years. Witness had a son that lived 8½ years with JACKSON—has seen him driving the cattle to White-water. JACKSON
kept his sheep on Whey-rig bank. There was an opening from JACKSON's land to Whey-rig bank by a gate; the gate was afterwards taken
down and wicket was hung. By this opening witness has seen JACKSON drive out his cattle every year for 26 years—12 years since
witness left the place. 

 

Bridget JACKSON. Witness is daughter of defendant's father and lived at Blencogo 22 years. Has driven her father's cattle towards
Keld-rig—and past Keld-rig towards Wait-rig—frequently. Deposed to the constant use of the opening into Whey-rig bank. Remembers the
opening perhaps 35 years. Remembers going to see her father's sheep washed at Watergate—they were turned into the common when
washed. Recollects assisting her mother in putting up turves on the rig leading to Waver-rig—about the middle of the moor—a quarter
or half a mile from Waver-bridge. Beck tenement (in manor of Dundraw) was let then. Cross-examined. Deposed to the situation of the
wicket.—The place where the sheep were washed was a common washing place for all the neighbourhood, because there was a pool. The
turves were cut at nearly an equal distance from Blencogo town and St. Cuthbert's stone. 

 

Another witness, aged 50, proved defendant's father pasturing his sheep on Whey-rig, and his cattle on Wait-rig, and his cutting
flacks by the well. Does not recollect any opening from JACKSON's land on to Whey-rig bank.—Cross-examined. Said many of the
Blencogo people (he himself) have got turves and flacks; but he makes no claim. Has driven JACKSON's cattle on to the common 30
years since. Some turves were burned by the Dundraw people about 5 or 6 years since. Does not know who graved the turves; but they
were Blencogo people, and Richard JACKSON, who was then tenant of the estate, was one of them.—Re-examined. Did not see JACKSON
grave the turves. Does not know that he saw them burned. 

 

Richard BAXTER. Witness has lived at Blencogo more than 20 years. Has different years seen JACKSON's cattle driven on to the east
common and moor-row common, to near Waver-bridge well. Has seen him and his man get flaiks 15 or 16 years. 

 

Thomas JOHNSTON proved depasturing on Waver-bank and Whey-rig; and cutting flacks near Waver-bridge well.—Three other witnesses
proved the depasturing. 

 

John RAWLINS, aged 77. Witness was 10 years old when he went to live at Blencogo. Joseph JACKSON drove his cattle in winter on
Whey-rig and White-water. His horses and sheep mostly fed on Water-gate green. Saw this during the 36 years that he lived there, and
never knew any interruption. Remembers the cow-gap; has passed through it different times. Has seen JACKSON's carts come from the
common with turves.—Cross-examined. JACKSON had Beck tenement between 50 and 60 years since; he had the Blencogo estate before he
knew him. 

 

John BARNES. Witness lived 45 years at Blencogo. Joseph JACKSON's sheep were put on Rig-bank, and his cattle on Wait-rig. Witness
has bought both cattle and sheep of JACKSON from off the common. He never knew any interruption. 

 

Esther JACKSON. Witness is the wife of Richard JACKSON, and lived 14 years with Joseph JACKSON. She usually drove his cattle to
Wait-rig.—Cross-examined. Remembers her husband being discharged by Dundraw people about 5 or 6 years since. The Dundraw people
burnt some of JACKSON's turves. Joseph JACKSON always got turves on the common, and never had any disturbance but then. He has had a
man graving flacks a fortnight together, and witness has worked them himself. The Beck estate lies partly in Blencogo and partly in
Dundraw.—Re-examined. The turves were got for Blencogo. 

 

Richard JACKSON, aged 42. Witness was born on the Blencogo, and now farms it. Was complained of for surcharging common, and made
submission. They brought an action for digging turf. His father was very angry that witness submitted, and ordered him back to get
more turves. Witness continued to get until the inclosure, and was no more disturbed. He submitted and paid money, because he had
surcharged the common. The surcharge related to Kelswick Moss. He made written submission, and paid £15 15s. 8d. Did not pay £17 2s.
costs, and 2s. 6d. damages. Agreed to exercise no right of common on Dundraw. His father had some turves burned. 

 

Mr. SCARLETT addressed the Jury for the plaintiffs. The first piece of evidence was an agreement of Richard JACKSON, farmer at
Blencogo, to pay £17 2s. costs, and 2s. 6d. damages, and to forbear the exercise of common in Dundraw for Blencogo estates. 

 

John STEEL. Witness was present when the Dundraw people came to Richard JACKSON's servant, who was cutting turves, and asked him if
his master had ordered him to dig there. The servant said he had. They then went to Richard JACKSON, and advised him not to lead
them. He said that he meant to burn them there. They were dug west of the spring well. 

 

Elizabeth JACKSON. Witness is the widow of Robert JACKSON, eldest son of Joseph JACKSON, and has heard Joseph JACKSON say that he
paid the expence. The latter had 600 turves burned by the Dundraw tenants about 4 yars since. 

 

Mr. TOPPING replied.—Verdict for defendant. 

 

 

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