The British Press; or, Morning Literary Advertiser.
London, England, 1819-10-27 00:00:00

MIDDLESEX SESSIONS.

NVIRA Net AND RIGHT OF PATHWAY.
'Turner was inflicted fora nuisance, in
*tibia/lolly erecting a certain wooden paling, four
feet in heights, acmes a common foot-poll), adji.lll-
- the Neer.riauf. wet Highgate Archway, ao
to idiot out his Majesty's atibjetts from a path open
*Mom Irma ancient tittles.

• Mr. ALLEY stated the rune to the Jen'. and fall)
the only object of the twooreetion wailleabate the
ibuisonce. 'the Defendant bid repeatedly threat-
ened the plowengese to fife Open them, if they prr-
silflied to persevere and traverse this path en seti.il„
Here ttie Learned C el took occasion %restate
ttrit the Defendant *es serutt, to hie law, for it was
?-qtly held by the Judges, that for n mere trewa.a
o nsu WWI entitled to Ere open aliolfirr, Mid 11.1 ell,
death rimier!, the killing would he considered
rmrdc,. It hail also been held that proprietors of
I. id. is Ito *lied set traps, srPre liable to litualtiei for
t'e o.',.trie. they might ft e•itild not, there- •
t.•reo, tolerated, that tally man should he invested
.;.; the right of taking away the life of :smelter for
st it.ere treltes% lit the ptesetit case he wonlit 'thew
ti.cm the evidence of the oldest inhabitants of the
tier e ntighbonrhood, that the path in gtirstion was
tiiwa its littorat times, tend continued so until
b:u4lll)td up by the Defendant.
William Self was examined. He stated that he
nos PI years of age. Si of which he resided at ft:re-
tie) Town. He knew shrewd where the path was
%Nipped near the Old itscefield. • There was always
tin open passage from that field to the New-road,
sir•til lately.

Crorr.r.cairtered by Mr. ADOLPIII7II.—He spoke
of her cnin knowledge for the lest 5 years. There
was alleo a stile et the end of this posing►. bet he
revel r►memhered the parish repairing it. This
path bail been stopped up three ur four years.
Wm. Itolmes lived for the last Ai year+ at Ken.
ti.h Town, during which time until lately the pith.
in question w■. open. .
A number of other witnesses gave ritnilar testi-
mony reelecting this public right of 'Kith-way until

11 r. Auot.rntia. us addressing the Jury for the
Defendant. said that this case was quite different
from one of spring gang, where Mr. Baron G.irrow
v.ry properly reserved an opinion for the twelve
Judges, after pretty strongly expressing his own.
.14 Learned Bsron stated his concurrence in the
onion of the late Barns, Thompson, who said that
)'e himself put up boards on his grounds notifying
soling guns, bat did not time to set them, Ins
maxim being " to speak daggers, but to use Hone."
The present Defendant, however, not violated
t:ms wholesome maxim, for when he threatened to
io%not passeogers he never appeared with a gun.
The real fact was that this was what was called a
respass path, for the real open parochial path was
at about 100 yards distant. The ground was now
cottage ground, and the proprietors felt them-
wires entitled to get rid t f the assumed right of

V,is path.
The Learned Counsel produced several witnesses
who had long presided in the parish, who were of
riiiinion that this was a trespass path, and not one of
common right ; but not one of them could prove a
*angle obstruction to passengers, in using this path.
rut a great number of years, during which they re-
romtiered it ; it had been publicly used to) far As
IN• memory or the oldest witnesses went..
Thr Jnrc found the Defendant Guilty.
N,, !iiiioshment was iollicted, as the prosecution
merely to abate the nuisance.
Mr. Annt.wins repeated, that the Defendant,
sO. 'revels might have been his threats, never did
ottelipt to shoot any body lagging this path, nor
sp!iesr with a gun for such a purpose. It was quite
co-er law, and the wider it was promulgated the
tietter, thst tio man was justified in shooting either
s r,esiissser or a felon, unless in actual defence of
os.ii person, or where it was put in jeopardy.
The Defendant said that he had not stopt up the
; it was done by another.
,Ndr. ALLEY said, that the path should now be
wormed by the proper officers, with as little incou-
seroence ah, possible to the Defendant.