[list-cumbria] Carlisle Patriot, 04 Sep 1824 - Westmorland Assizes (4)

[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] 
 
Isaac HODGSON examined. He had fished the river in Wm. LAMB's time, and
landed the net upon the large island on more than one occasion, when they
drew the dub. Great alterations had taken place in the river; more water now
runs on the Clifton side than formerly. He never remembered Clifton-hall
estate cattle on the great island; but he had seen stumps of trees there. 
 
Cross-examined by Mr. SCARLETT-He said he remembered the mill-race, but
never saw any water going in it.-I believe you live more in the water than
on the land? I live on both. I have been a great fisherman. I always
remembered the two islands; there is not much difference in the water since
I knew them. 
 
John ELLIOTT had worked at Clifton, for WALMSLEY, as a carpenter, and cut
wood in both islands and in that at Pots and Pans also. He never knew the
great island called any thing but Mill-holme Island. In 1804 he cut about 20
alder trees on it, generally for rail wood; some of it was peeled upon the
spot, and some not. Could not say whether his brothers William and James
were present or not. NOBLE was there as witness's apprentice. 
 
William LAMB examined.-I am 73 years old. I once held Clifton-hall for seven
years, and lived on it 22 years in all: left it 24 years since. I remember
fishing with a net in the dub near the islands, then called Mill-holme
Islands: I knew them by no other name: my father was 84 when he died, and he
called them the same. I have seen them land the net upon the large island
when they drew the dub, or any where else they could. During my whole time I
never knew any one cut or do any thing upon the large island. It is not a
desirable spot for cattle; the passage to it is so rugged, they would be
more injured than benefited, particularly about the feet: that was one
reason for not turning mine on; but I considered it as part of my farm. Mr.
WYBERGH never lived in Clifton, but in the West Riding of Yorkshire, and
other parts away towards Whitehaven: he only came and stopped a few days at
a time. Not much hedging stuff was ever got off; it was not a desirable spot
to come at. We had a deal of wood in all parts of the estate. 
 
By Mr. COURTENAY.-During my time no alders or hedge-wood were cut on the
large island: neither is it a place one can draw a net to. 
 
The deed before adverted to was put in and read:-It was an indenture of
release, dated 30th May, 1706, made between Thomas WYBERGH, of Clifton,
Gentleman, on the one part, and Catharine Viscountess Dowager Lonsdale,
widow and executrix of John Lord Viscount Lonsdale, deceased, and Richard
Lord Viscount Lonsdale, son and heir of the said John Lord Viscount Lonsdale
of the other part. After reciting certain Mortgages then formerly made by
Thomas WYBERGH, party thereto, to Sir John LOWTHER, of a tenement at
Clifton, called the Townend Tenement, and of his Manor of Clifton, (except
the capital messuage called Clifton Hall and Demesne Lands and Miln thereto
belonging or therewith occupied), and various proceedings at law and in
equity, and an appeal to the House of Lords respecting such mortgages,
decided in favour of the mortgagee, the said Thomas WYBERGH agreed to
release his equity of redemption in part of the mortgaged premises, the said
Thomas WYBERGH, for the consideration therein mentioned, did grant, release,
and confirm unto the said Richard Lord Viscount Lonsdale, his heirs, &c. all
the estate, right, title, interest, equity of redemption, claim and demand
whatsoever of him the said Thomas WYBERGH to all that the manor of Clifton,
with the rights, members, and appurts thereof, &c.; and also of, in, and to
all that messuage, &c. called the Townend, &c.; the right and interest of
the said Thomas WYBERGH in and to the several closes or parcels of ground,
lands, tenements, and heredits, therein after particularly mentioned and
described, being parcel or reputed parcel, of or belonging to the demesne of
the manor of Clifton aforesaid, to hold to the said Lord Viscount Lonsdale,
his heirs and assigns, freed and discharged from all right, title of equity
of redemption, claim, and demand whatsoever of him the said Thomas WYBERGH,
with the following exceptions:-All that house commonly called and known by
the name of Clifton-hall; all that piece or parcel of ground or pasture
commonly called and known by the name of Low Close, the Island on the west
side of Lowther water, and also Nisbut Holme included, containing, by
estimation 21 acres or thereabouts; and also all that piece or parcel of
pasture ground commonly called or known by the name of Miln Island,
containing, by estimation, one acre or thereabouts; and also all that piece
or parcel of arable or pasture ground, commonly called or known by the name
of Holme, containing, by estimation, ten acres, &c.-This was produced by
Lord Lonsdale, pursuant to notice. 
 
Mr. T. D. BLEAYMIRE gave evidence.-I am attorney for the defendant. I
attended on a view on Saturday last; Mr. HARRISON attended on behalf of the
plaintiff. We were upon Miln-holme, laid down upon our plan. There are some
very visible marks of the old mill; this on plaintiff's plan corresponds
with the place. Mr. HARRISON had a plan of his own, upon which the mill-race
was laid down and coloured a deeper pink than the rest; the piece between
the old mill-race and the water is what I allude to; it was marked three
roods; the whole of the mill-race is about three acres. There is not the
least appearance of any other till you arrive within a few yards of the
water at the bottom, coming from the scite of the old mill towards the
north, and there there was. The Jury called upon Mr. HARRISON to explain
this, and being unable to do it, he requested Mr. PARNELL, who had made the
plan, to do it; the three roods were laid down as an island. 
 
Mr. SCARLETT.-Mr. BLEAYMIRE, I will only ask you one question. Do persons in
attornies' employ make the plans, or attorneys? The surveyors make them. I
was present when the survey was made. 
 
The plan of which Mr. BLEAYMIRE had spoken, had been in the hands of the
Judge from the beginning, and his Lordship handed it down with a smile. 
 
Mr. SCARLETT.-Here is the identical plan which they would wish to infer that
we have concealed. 
 
This was the defendant's case. 
 
 
[to be continued] 
 
 
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