[list-cumbria] Carlisle Patriot, 04 Sep 1824 - Westmorland Assizes (3)

[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] 
 
James NOBLE, by Mr. PARK.—I served my apprenticeship with Wm. ELLIOTT. I
went with him in 1802, and was employed by Mr. WALMSLEY to cut down wood in
the great island soon after; we cut 20 or 30 ellers, nine or ten inches in
diameter, and used them for gates and rails on Mr. WALMSLEY's premises. The
bark we either threw into the river or left upon the island, and never heard
any complaint: it was plain to see where the trees had been taken from—even
in Clifton Fitts. The island was called Mill-holme Island. 
 
By Mr. SCARLETT.—I am 37; have lived at Penrith 13 years, and also at
Hesket. I believe Wm. ELLIOTT, examined here to day, was there; James
ELLIOTT was there also as a journeyman. 
 
Thomas PARKINSON, aged 47, by Mr. WILLIAMS.—I was a servant with WALMSLEY,
and went to him 22 years ago: I remember cutting wood on the large island
for gates and rils [sic]; but don't think much was cut at that time; I drove
the mare. Afterwards, when mending fences, we just cut a few yadders. Two
years subsequently, I went to live with PARKINSON (the plaintiff), and
stopped with him half a year in summer. 
 
By Mr. PEARSON, the juror.—During the summer, I never knew Mr. PARKINSON cut
any wood. 
 
By Mr. WILLIAMS.—I believe I told PARKINSON that WALMSLEY had cut wood. I
was very often on the island, and never saw a sign of any one's cutting
except ourselves. 
 
Cross-examined by Mr. SCARLETT.—I will swear that the water is WYBERGH's,
island and all—that I swear. I told PARKINSON that we had cut wood off, but
not how much. We were talking about WALMSLEY's beasts coming over among
our's; I believe he thought he had a right to the island as part of his
farm: I have seen his cattle there over and once again. 
 
Mr. SCARLETT pressed the witness very close, and was frequently interrupted
by questions put by Mr. PEARSON, the juror, which drew forth the observation
from the learned gentleman, that when counsel had a witness under
examination they were not to be interrupted; it was the duty of a juryman to
hear the evidence, "unless (said Mr. SCARLETT) you have already formed your
opinion, and I suppose you have not." 
 
Mr. Justice BAYLEY interfered. He said he saw with grief that the cause was
leading to irritation. 
 
Mr. SCARLETT.—My Lord, what I have said I have said, and there is an end of
it. I have no personal feelings beyond a wish for justice and fair-play, let
the question terminate as it may. 
 
By Mr. WILLIAMS.—The islands were chiefly of use in hot weather, when cattle
ran there for shelter. 
 
—— GIBSON lived with WALMSLEY 22 years ago, and had seen trees cut down upon
the large island by William ELLIOTT and his apprentices, 7 or 8 inches
square, and had helped to lead them home. Some large wood was cut at the
same time for cart boards. 
 
By the Court.—The hedge-wood was tied together, and dragged through the
water, and then carted. PARKINSON occupied the Woodhouse estate at that
time, but I don't know that he saw us; but he might have seen for the
quantity cut. The island is about a mile from his house. 
 
Mr. Justice BAYLEY threw out a hint that a compromise would be the best
termination of the trial. 
 
Mr. WILLIAMS.—As your Lordship has expressed a feeling, I am perfectly
willing to withdraw a juror, and sink or blow up the island in dispute. 
 
Mr. Justice BAYLEY.—Perhaps to withdraw a juror would be the most amicable
mode of terminating the cause, if some satisfactory method of deciding the
right could be devised.—His Lordship hinted at a reference. 
 
Mr. WILLIAMS.—A reference! No, we will incur no further expense; we would
rather sink the island. 
 
Mr. SCARLETT.—The object of the island is nothing with my Lord Lonsdale; but
you set up a claim to the waters, and that must be relinquished. 
 
Mr. WILLIAMS.—I'll consent to give or take £20 for the island; or draw lots
for it. 
 
Mr. SCARLETT.—Your client did not show so much playfulness at first. 
 
Mr. Justice BAYLEY.—I only interfere to preserve a good understanding. 
 
Mr. SCARLETT.—I have no objection to refer, and settle all the boundaries at
the same time. Lord Lonsdale wishes for nothing but what is perfectly
liberal: it is not for the value of the island. 
 
Mr. WILLIAMS.—I'll give £20 for it, or take it off your hands. (A laugh.) 
 
Mr. SCARLETT.—Agree to settle the boundary, and I'll withdraw a juror at
once,—that's all we have ever sought for. 
 
Mr. WILLIAMS again offered the £20, and Mr. SCARLETT refused any compromise
unless upon the basis of a comprehensive and final arrangement. 
 
Mr. WILLIAMS went on with his case. 
 
 
[to be continued] 
 
 
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