[list-cumbria] Carlisle Patriot, 04 Sep 1824 - Westmorland Assizes (2)

[petra.mitchinson at doctors.org.uk]

Saturday 04 Sep 1824   (p. 4, col. 1-6)
 
(WESTMORLAND ASSIZES: CONTINUED.) 
 
 
Monday, 31st August. 
 
PARKINSON v. COLINS. 
 
Special Jury. 
 
[continued] 
 
John ABBOTT, above 70 years of age, examined by Mr. PARK.-He was an
apprentice five years with John HORNE, who farmed Clifton-hall of Mr.
WYBERGH, and afterwards lived with him six years as a servant. He knew the
island lying near Clifton Fitts well, and had often cut a deal of wood on
it, chiefly eller, for stakes and yadders, and carried them to Applegarth:
carried them away in a cart, and led them into Mill-holme: he had also cut
scythe shafts there more than once. Had seen his master's and Mr. WYBERGH's
cattle on the island; they went over on hot days from the Mill-holme. During
the time of his apprenticeship and servitude, he never knew the Lowther
people do any thing upon that island. The two islands together they called
the Mill-holme Islands ever since he could recollect; and he had heard old
people say they both belonged to the Clifton farm. John HORNE used to fish
the river with a long net. 
 
Mr. Justice BAYLEY.-Fishing does not prove any right to the island. 
 
Cross-examined by Mr. SCARLETT.-Quite sure he cut wood on both 50 years ago,
and knew not whether the Lowther people saw him or not. Mill-holme was
grazed till ploughed 40 years since. Remembered the mill-race there; a large
stream before it was stopped. There was an old dam to turn the water into
the race; and it came into the river again lower down, after inclosing two
or three acres. The race had been ploughed and stopped up, and grass now
grows on it. 
 
By Mr. PARK.-He never knew the piece of land cut off by the mill-race called
an island. The river had gained on Mr. WYBERGH's side. 
 
By the Court.-He had cut wood four times, some years between the cutting;
did it whenever the wood was wanted. He did not know whether the Woodhouse
people were aware of it or not. 
 
George ABBOTT, brother of the last witness, by Mr. WILLIAMS.-Was born at
Clifton, is now 74, and lived at Clifton-hall with the late Mr. HORNE when
12 or 13 years old. Had known ellers got from only one island, but that was
the large one, next to the Fitts; got posts, rails, and cart-boards. He saw
one John ELLIOTT, a carpenter in the employ of HORNE, cut down trees there
which were brought out in a cart as trees; they tied them together, and led
them out in a cart. Did this only twice, both in one year, about two
cart-loads. He remembered that BEWSHER, the farmer of Woodhouse, made a
fence against the river in the Fitts Close, at the water's edge, opposite to
the island, running downwards 200 yards. Had known BEWSHER come across many
a time upon a horse; he had a rail to let down, so as to get to the
bakehouse for bread. The water of the river now runs a good deal deeper
betwixt the islands than it used to do. 
 
By Mr. SCARLETT.-Some of the water, in a flood, went down the mill-race, but
never without a flood: whoever says to the contrary is mistaken-he never saw
it do so while he was there! His brother led the wood with a cart, and
witness went to help him. The cart went through the water easily to the big
island. "I did not go over myself, but my brother did. The cart went over
the small island to get to the great one, and I saw it get there. Trees grew
there then. One Thos. DODD was present, besides my brother: and we saw no
one else." 
 
By Mr. WILLIAMS. -We were about half a day in doing this. 
 
Thomas DODD, examined by Mr. PARK.-I am 80. I lived with HORNE at Clifton. I
call the islands Mill-holme Islands. I have often cut scythe shafts on the
great one. I do not know of any other trees cut there, for rails or any
thing else; but I have seen firewood led away that came down with the
stream. 
 
By Mr. SCARLETT.-I have cut a scythe shaft once or twice about the size of
my arm. I never knew a cart on the big island-never saw one there! 
 
Joseph ROBINSON, by Mr. WILLIAMS.-My age is 56; I was born and brought up at
Clifton, and served my time there. I worked for Wm. LAMB when he farmed
Clifton-hall estate, 44 years ago, in hay-time and harvest, down to within
the last ten years. The islands were always called Mill-holme islands. On
one occasion as I was passing them, I saw Wm. ELLIOTT riding upon a black
horse of LAMB's, dragging wood through the water into the low end of
Mill-holme; it was eller timber, about four inches square, and the quantity
such as to make a good cart-load. This was nearly 40 years ago. The number
of trees was about ten; perhaps only six; there never was any wood of
consequence upon any other than the large island. I have seen old John and
Young ELLIOTT cut down ellers there; more than one day in WALMSLEY's time;
twice in two years, nine or ten trees each time. When I was a boy, there was
a fence at Woodhouse, from the high-dam to Hugh's Crags, down below Pots and
Pans: but no fence on the Clifton side. The islands were always called
WYBERGH's islands as long as I can remember; except sometimes that I have
heard them called LAMB's islands, when he lived there. I remember I was once
fishing when YARKER came up, about half a mile above the old mill dam. He
told me I had water enough below to fish, and that I might go down there. 
 
By Mr. SCARLETT.-I am parish clerk of Brougham parish, and of Brougham
chapel. ELLIOTT, whom I saw on the black horse, is the same man who was
examined here to-day; he is clerk of Clifton parish. What makes me remember
it the more was, that I worked at Clifton-Hall, and thought they took away a
job from me. Old John is living. It is forty years since they cut the trees;
and I will swear that I saw them cutting more than one. 
 
John TOPPING, aged 65, examined by Mr. PARK.-I was born at Clifton, and
lived with WALMSLEY when he came to Clifton-hall in 1800; but I recollect
before that. I remember a fence on the side of Clifton Fitts. In the first
year of my service, trees, to the amount of 20 or 30, rather smallish, but
the best we could find, fit for posts and rails, were cut down and led away
on the same day; they were peeled, the bark thrown down the river, and some
left on the island: they were trailed across the water to Mill-holme by a
black mare they called Diamond, belonging to WALMSLEY. Three or four years
after, trees were cut again, while HENDERSON and MARVELL had the eatage of
the Woodhouse estate in 1802. During the last two or three years that I was
with WALMSLEY, we cut wood, and were two or three days at a time about it,
and we went into the island as long as we could get any. It was plain to be
seen that persons had been there cutting trees and underwood. I never saw
any of the Lowther people cutting. 
 
By Mr. COURTENAY.-All that we cut was carried away on the same day. The
ELLIOTTs either cut by themselves or their men. 
 
By Mr. PARK.-There was no occasion to conceal, for the islands always went
in Mr. WYBERGH's name. 
 
Henry FLEMING, aged 45, by Mr. WILLIAMS.-In the spring of 1800, while I
lived with WALMSLEY, I remember a number of alder trees, that would square
from 9 to 10 inches, cut down in the big island; we chose the largest: some
of the butts were a foot square. We peeled them upon the island, leaving
part of the bark, and some we threw into the river. We dragged the trees
across to the Mill-holme with a mare of WALMSLEY's, and then they were
carted home, and used as rails and gates, &c. In the first year, he stood in
need of many posts and rails, so that six or seven men were nearly a whole
day over it; the butts or stools were plain to be seen where we had cut
down. I never heard of any complaint against WALMSLEY for that job. 
 
By Mr. TINDAL.-I have lived at Greystoke 16 years. James ELLIOTT was
employed in cutting the wood. 
 
By Mr. WILLIAMS.-I have the care of the Park at Greystoke. 
 
 
[to be continued] 
 
 
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