[List-Cumbria] Carlisle Patriot, 07 Sep 1816 - Cumberland Assizes (36)

[Petra Mitchinson]

Saturday 07 Sep 1816   (p. 3, col. 4 – p. 4, col. 6)

 

Cumberland Assizes. 

========== 

[continued] 

 

TRESPASS. 

 

WATSON v. RICHARDSON—This was an action for trespass, in which Ann WATSON is plaintiff, and Joseph RICHARDSON defendant, who
according to the allegation in the indictment, had broken down the fences of, and trespassed on plaintiff's property. 

 

Mr. SCARLETT, for the plaintiff, addressed the jury in his usual able manner. The defendant, he said, lives in the village of
Dalston, where he is called "the Squire." He has the ambition of being some time or other, High Sheriff for the County; that is, if
he can prove his learning sufficient, for it is necessary that a Sheriff should be able to write. The defendant having a good deal
of money to spend, he in the mean time amused himself in going to law with any body that was hardy enough to go to law with him. He
has peculiar delight in setting the lawyers by the ears that he might hear them wrangle, and see them peck at each other.—The
defendant has some property near Dalston, called the Lordlands, and from thence he claims a right to pass over the plaintiff's
premises for whatever purpose and as often as he pleases. Mr. SCARLETT said he had heard there was an opinion at one time current,
that if the Duke of Norfolk were to sell Arundel Castle the purchaser would become Earl of Surrey. So the defendant, because he has
Lordlands, he thinks he can, by that right, walk over the plaintiff's property when and in what manner he thinks proper.—About 37
years ago, the defendant purchased two cottages called Lordlands. There was then no road whatever in the place in question, nor has
any body ever seen one there. The late Mr. WATSON and the defendant had once some conversation about this claim in a public house,
when Mr. WATSON told the defendant he would rather give him five pounds than he should say any thing more about it. The reason was,
that any man in the village would rather give £5 out of his pocket than have a dispute with the Squire, he was so fond of law. The
defendant cut a gap in the plaintiff's fence, and passed through her field to his own. While he was engaged at this, a person came
to him and asked what he was about, and told him he was wrong, for he once rented the property thirty years, and there never was a
road. The defendant replied he believed then he was wrong sure enough, and accordingly he desisted, and mended the gap which he had
made.—The present action was brought to set the claim at rest. 

 

Robert BECK sworn.—Is 56 years of age; was born at the Crabtrees tenement, and lived there 34 years; his father farmed it; the first
landlord was one STUBB; the second, one BEWLEY; it is the same property that Mrs. WATSON and Mr. RICHARDSON have now between them;
BEWLEY was Mrs. WATSON's father. Witness knew the fields as they stood when a boy. There was only one close at first, but there are
now two, having been divided. Knows Larepots and Greypots; they did not belong to Mr. BEWLEY; knows a little garden which belonged
to BEWLEY's property; there was a lane which has been terminated by a cross dyke ever since he knew it; never for 40 years has there
been a road through Crabtrees croft; there was a gate in the lower croft on the high road, but no one ever passed through it without
leave. The hedge that divides Crabtrees croft was made by the late Mr. WATSON, perhaps about five or more years ago—cannot say to
two years. Mr. W. bought the garden, and it is now all together. About 20 years since Mr. RICHARDSON purchased his portion. Witness
remembers to have heard disputes between Mr. WATSON and the Squire, the latter asserting that a road led to the Lordlands field.
Remembers the day when the Squire was committing the trespass; it was just after the barley got up. Saw him leading manure down the
field with horses and carts; saw the gap that had been broken, and his horses and carts going through it. Witness met Mr. RICHARDSON
at the gate and told him that he was not using the field right; he said to him, "If you wish to claim a road, lead one or two
horses, but it is shameful to use the field in such a manner." The Squire condescended to take his advice and left off.—There never
was a road on the place in question since witness was born. He has known Richard BATY apply for leave to go through to the
Lordlands. 

 

Cross-Examined.—Witness knows that in a conversation between Mr. WATSON and Mr. RICHARDSON, the former offered the latter £5 to have
done with him. Mr. R. refused to take the £5. Mr. WATSON defied the Squire to touch the road again. The fields in question were
originally part of Dalston Town Field, inclosed in 1768. 

 

One or two other witnesses were called, but the plaintiff's case being so strong, it was thought useless to proceed any further, and
a verdict was taken for the plaintiff, Damages 1s. 

 

 

[to be continued] 

 

 

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