The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1883-07-24 00:00:00

!HI STERTE WALL

_ -
William Douglas Dumiele wadi indicted for unlaw
fully obstructing • certain highway in the Borough
of Poole.
Mr. Foot wee for the prosecution, and Mr. Charles,
Q. 0., and Mr. Budire for the &fondant.
Mr. Foot Is opening the ore, mastionsd that the
"highway" stated fa the indletneent was only • foot-
way, but it was the mine Vibe Is low. Ho asked the
jury to consider for a minds Oa relative importance
of the ease to the moseoutlon, the people of Poole, and
the defendant. He did not segeset for one snameot
that Me. Dogdais was Mimed by boy doolso to m

hie neighbours, but hollered he wee acting with an
honest belief of his right, and did not wish to robe
any prelludial iu the matter.
Tamar Cutler, ni Al LOSII of Poole, said wham he
first remembered the gone of Chewers& dispute there
wee • footpath to the bathing place, and amuse it •
rail and • stile with • step; the rail was to keep
animals front walking wood the path irei the UrA&M.
Then was also a such, but in Mr. Joliffe's time
there was no ditch. Mr. Joliffe died la 1661, and after
his time Mr. Freak Rogers rented the (Toned. Mr.
Rogers bad • din* dug out, so that the sheep druid
not run into the sea. But Amon this ditch a plank
Wee put. There were Mao a coupler of ban birth*, ea,
whir they could get over or under. Another bar had
been plaried on the path just before they got to the
lathing pros. He Wined it was put up by Mr.
ireak Roger.. He remembered the plaos f w the pert
60 years, and when Mr. Joliffe bad it anyone used to
wall on the path, and there wee • bathing place, which
was oar by anybody. He believed Mr. Jade Ind it
put there. There were always mon peers there on
otioday &fannies. He hal often met Mr. Joliffe
there mid he bad never turned him off.
ChOsenzainined by Mr. Charlie: He used sometimes
to go in with • cart to g.it nomad. People used to
stroll all over the shore. Children reel to go and
play there, sad Mr. Joni& had thrown them over
49=ber old Poole man, brad John Braes, said
he woe 75 to-atorrow, and bed known Poole all Ida
life. He knew the Stine estate, and the pros where
the " Mean wall" wag put up. When he first
knew it then was only • bar, which was only pot there
to keep book the own. There wee a beaten path
under the bar, and Mese were pleated by the dale of
the path for some distance. There was • meadow by
the Ode of the shore, and in that meadow wais • tree,
under which the Poole people rod to go and et. The
path ran aloes by thie tree. In the mushroom season
people used to go into this mead.. and pick the mush-
rooms. There was • beaten path to the bathing-place.
He recnembered this bemire there was a young man
oared Moore drowned there. Many a time he had
seen Mr. Jon& without his hat on, whir wee his
practice, and he had never turned him off. He had
not seen him turn anybody elm off. Of a Bunday
afternocu it wee a regular walidavOios.
Crose-examined by Mr. Marks : Us had also gone
round there in Rogers' time, but did not recollect any
ditch there. fie remembered when • wall wee ant
built some year. tau It. also recollected when the
roe iso Stein was improv.d. He did not know Mr.
Dogrialei altered the wall to snit the town authorities;
but he board it wee knocked down last November. He
did not know who pat it up again.
Mr. Orgies That Is the Merry of the well, my
lord; it wee knocked doers on the eve of the nturripel
election, and wae put up by nobody kern how.
lames Inkpen said his was 64 Feu.s old, sad had
livied in Ps 4. for 64 years." He remembered the
place when be was a little boy. There was a bar
scrums the path, which °odd be lifted out. The path
ran through a row of tress He had era Mr. Jol,lll
them and he bad Dever tuned him off.
William Paull stated he had lived at Poole all his
life. Knew the wall on Mr. ingdaJe's property) it
was quite different WM. Tone was • bar roes the
There were Mess on both eldes of the footpath.
%lite Mr. Joliffe woe there there was nothing but
the rails on the path. He had been on the path
hundreds of times. .

8t;•;;;;;1841 b 11.4 10 If he was stared till
Much 14. Whoa h.) flret remembered the plods
there was a path. Thor* was • bar across the W.h
which ran between • row of teem. Hs had not been
there Mom he was • lad. Tame was • bmhing pleas
there, and assay had mum to regret it, for one of
his boys ue•rly loet hie W. there._
. . . . . .

Asoilar PoOle inhabitant name West corroborated.
Hip had seen p ople oa the path nom of times.
Mr. Foot: Were they ever turned oaf
%tow : Never ; it would be out of the question
with Mad-hearted old Parson Janie.
. .

wh7h-rilknov;i: Pole El years, said
the path was used by a great number of people, lie
had men people bathing there • great many time..
He had ulcer heard of people belug interfered with.
Frederick Everett said he was deaf and thick of
understanding. (Laughter).
The Judge : Suppose we hare something • little lees
thick. Hand me on another. (Laughter).
Samuel Baker was then called. He said it was
only • path, because people walked between the trees
for plessautoms. Hs knew the bathing place, and
had bathed there.
Jonathan Nippey, who said he remembered the
place more thau 40 years, gave confirmatory evident*.
This was the the cam I .r the prosecution, and Mr.
Charles said be had no ease to answer.
The Judge: I dont Wok so either.
Mr. Foot: If your lordship think. so I moat bow to
It,
His Lordship (to the jury): Do you think there is •
right of way round this place? Wandering 'blot will
not giro • right of way. To oonstitute • right of way
It most bs from point to polite
After • brief consideration, the jury said they were
agreed there was no right of way.
The Judge: Then return • verdict of not guilty.
This was formally dee and the Court rime, haring
sat till aloes on alight o'clock.
Daring the day Mr. Charles, aka, complained of
the very inconvenient posit on of the witness box,
and his Lordship said the old place was much prefer-
able. It seemed to have been the rule throughout the
circuit to wake them alterations, which owtolnlY 414
not effect any improvement.