The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1874-03-21 00:00:00

THE NEWSTEAD ABBEY ESTATE.
THE QUESTION OF A RIGHT OF 110.10.

At tte Nottingham astiese, the cause of "Webb v. Rad-
ford " has been heard, and was an action of trespass brought
by Ms Webb, the present owner of the Newstead Abbey
estate, who claims the rignt to stop • footpath, cilled the
Quarry Mink-lone, running through the estate from the Wire
Farm-Rats entrance, at Ltnby, into the rood on the
estate betweeu Papplewlsk and Mansfield. Ins fo,tpath
runs between the upper and garden lakes la front of the
windows of the Abbey, and le consequently the most beau.
tidal ant the most attractive walk. The plaintiff hea also
brought another action to stop the road across the estate
between the Hut-gate and the Abbey.
Mr. lligby Seymour, Q C., Mr. Cave, and Mr. Lawrence
were for the plaintiff ; Mr. Field, Q.C., Ur. Will,, Q U , and
Mr. Mellor were for the defendant.
Mr. Field, Q.C., stated that, as the trespase was
admitted by the pleas, he had the right to open the
case, as the defendant alleged in answer to the declare.
Lion that there was a public right of way along the
eoad, and be should be able to prove that the road had
been used by the public for a number of years, and
that it was dedicated to the public by the farmer
owner. It would appear that Lord Byron's family
sold the estate in 1818 to Colonel Wildman, and that
Mr. Welib, the rresent owner, botaght it in 18M,
after his death, fr.= Colonel Wildman'e trustees.
The Quarry Bank-path is 60 tilled from he running
through a disused stone quarry ; it is only nut.
ficiently wide for one cart, and the stream crosses it
in several places. It would also be proved that the
lodge-gate at Wire Mills Farm was never locked
during Colonel Wildman's lifetime, except in the sum-
mer time, when it was shut to prevent the cattle
wandering off the estate; and that, although the
colonel never prevented people using the rued, he was
very particular that they did not wander off the path
Into the woods. Among the witnesses to be called
would be a man who was formerly a poacher, and for
whose appreheneion Colonel Wildman had offered his
keepers a reward of £2O, and who would state that on
one occasion, when he was carrying a gun in his
y„iocket Wong the road, he woe met by the colonel and
bid keepers, that they never interfered with him or
turned him back, but only watched him cif the
estate. The poacher subsequently became very ill
and was in great distress. The colonel called on
him, have him £l, and supported him until he was
able to work. Out of gratitude for this kindness he
gave up poaching and became a local preacher. He
aontinued to use the road when he went from Mans
mad to Linby to preaele, and was never interfered
with when La primed along with his flock on their way
to the camp meeting% The estate was much neglected
during Lord Byron's lifetime. Colonel Wildman,
when he purchaeed it, came to live on the estate, and
he allowed excursionists to visit the Atbey, walk about
the grounds, fish in the ponds, and use his boats on
the lake, In 1819 the railway was opened, and a
station Was built close to the Wire Mills Farm. The
gate was first locked in Mr. Webb'e time, and the
keepers then first objected to the public using the path.
After a great number of witnesses had been called in
support of the ieferaiant'a case, and in proof of the
above-stated facts,
Mr. Digby Seymour, Q.C., opened the plaintiff's
case and stated that the question for the jury was not
whether, during a number of years, on Sunday and at
other there, neighbours from the surrounding villages
and the tenantry who had been shown to have used
the red had for convenlenco passed along and been
Permitted to URN it, but whether the public had so
need it that the user became a user of right ; and
whether there had been a dedication of the road to the
public. The present case was similar, and the ques-
tion of law arising in the case was the same as
a case that had been tried WI to the public right
of way to Crowhuret Castle, which people visited
to enjoy and admire the vast and beautiful
panoramic scenery. In the present trial the dis-
puted road led to Newetead Abbey, that pile of archi-
e,cture, half castle half convent, which abounded
,:elth historical and poetical interest. This abbey could
;IA fall to fascinate the visitor, not (ally from the
sacred twea to which the Abbey had been once applied,
out became it wag also the centre of the romantic
stories of Robin Hoed and Sherwood forest. As to
the three periods of time which had been referred to,
and to the user of the road, and the evidence as to
whether it had or was likely to bare been dedicated
to the public, there wee no evidence to 01083 that it had
been so dedicated in Lord Byron's lifetime. lie WB3 a
potoricdsabsentee, spending much of his time in Greece
and other foreign countries, and the house was belt in
eharge of ap old servant. It would, therefore, be
difficult for the defendant to make out an "animus
dedicanch" during his lifetime. The state in which
the Abbey was when Colonel Wildman became
possessed of it had been described by the former
0181101.
Through thy ha:Urn:len* Newstesd, the hollow wind'
whistle
. _ _

Thou, the home of my fathers, art gone to decay;
to thy nee smiling gardens the hemlock and thtstle
Now choke up the rules that bloomed in the way."
Colonel Wildman was a friend of Lord Byron, a man I
of generous sympathies, and showed the greatest kind- I
nese to the people who crime to visit the Abbey, but I
it was inconsistent with the fact that he should el sad
ssir-u years of his life in restoring the Abbey, and
spend many thousand pounds in repairing it, that he
should dedicate this path to the public, which ran ,
close in front of the windosve, and which would make I
it uninhabitabl, as a private residence. The Hon.
and Rev. J. Vernon aid other yenasna.n woula provo
that the gate was usually kept locked at the Wire
Mills entrance, and that they had to apply for leave
to the colonel to use the road and obtain keys of the
vats ; that the colonel was fr, quer., ly in the habit of
etopping people in the road; that the gatekeeper and
the gamekeeper were ordered not to let people case
through, it was a curious fact that nearly all the wit-
neeses who had been called came from Ilucknall, where
meetings had been held and eubacriptitns made to
defray the expenses connected with these proceedings.

Mr. Webb, immediately he became aware that people
intended to claim a right to the road, and pass in front
of the Abbey at all times of the day and night, com-
menced this action. Colliers, framework.kLitters, and
railwly excursionists had behaved in inch a way ae
they ivoresd along the road that it become a pen fo et
Lodeouwe and made the house uniuhaoitable. Tne
vlamtifile witnewes were then called.

His Lordship, in buttoning up the case, said there
was no evidence that any al the excursionists ui;s-
behaved themselves ; that when the railway wee
opened it urght well be that the colonel made it a con-
dition that per.ons wishing to visit the Abbey should
enter by the Hut.gate. The question was whether the
general public had a right to use the road.
The jury found a verdict for the plaintiff, and that
there was no right of way along the Qaarry liank-road.

At the Nottingham assizes, the case of " Web o.
ham' has also been htard, and which was also an action oi
trespnis, in iciilch a light of way was oleic-led, na In the
former case of "Webb n Radlop.," across the grounds of
Nowitead A4bey. This action woe with respect to a different
road, but, as in the former case, the road pissed close to
thestbb,y.
. _ _

Betore the case had proceeded very far it appeared
that the evidence for the plaintiff in favour of the road
being private was even stronger than in the Lanier

Mr. Digby Seymour, Q.C., Mr. Cave, mil Mr.
Lawrence were br the plaintiff ; Mr. Wilir, Q C., and
Mr. Beasley were for the defendant.
Verdict for the plaintiff.