Star.
London, England, 1822-09-10 00:00:00

VIOLATION OF THE LAWS OF THE CHASE.

LANCASTER ASSIZES.
RIDGWAY, ESQ. V. BIRCHBY AND OTHERS.
Mr. STA Inci e, in opening the pleadings, stated that
Joseph Ridgway, Esq. was the plaintiff, and
Wilkinson, Esq. Birchby, and several other persons,
were defendants. The declaration stated, that the
plaintiff was proprietor and owner of a number of
hounds and dogs of the chase, which the defendants,
by means of a large and fierce dog, had Worried and
otherwise injured, maimed, and destroyed; by shout-
ing at them, and using various acts of violence. The
defendants had pleaded, by way of justification, that
the hounds in question were hunting in a close into
which they had no right to enter, and that the de-
fendants had no means of driving them away but by
the acts of violence complained of.
Mr. SCARLETT, in his address to the Jury, observed,
that they had heard from his Learned Friend that this
was a case which might be described as rather of a
sporting nature ; he much regretted that he was not
better acquainted with the laws which regulated the
diversion of hunting, in order that he might be able,
in language more appropriate and suitable to the
subject, to state the case which the plaintiff had in-
trusted to his conduct. His client, •Mr. Ridgway, the
Gentleman now sitting immediately before him, he
knew to be a man of character as honourable as that
of any individual inthis wealthy and populous county;
he had the advantage of being possessed of an ample
fortune, and in the enjoyment of it had, from the
earliest pei iod of his life, addicted himself to the plea-
sures of the chase; but in such a way as to produce
the least possible inconvenience to every one whose
property he had occasion to pass over in the course
of his diversion. He had ever deported himself in
such a way, that not only had every Gentleman in
his neighbourhood been inclined to afford hini every
facility, but they had themselves been most happy to
join him in the sports of the field ; there was not a
Gentleinan of rank or fortune for many miles round
his residence, who had net felt happy in granting him
every privilege usual on the part of one sportsman to
another. Mr. Ridgway had for many years kept an
excellent pack of harriers in this county ; before he
had a pack of his own, he was a constant huntsman
with the hounds of Sir Frank Standish, a sportsman
upon whose celebrity it was quite unnecessary to de-
scant. A splendid estate having devolved upon the
plaintiff, he, in his turn, became possessor of a pack
of hounds, renowned for their fleetness, equal to those
formerly possessed by Action. Having become the
proprietor of a pack of this kind, he had the privilege
conferred upon him of using the lands of the most
considerable persons around the neighbourhood whe►e
he lived. kle had found himself most reluctantly
compelled to bring the present action, in consequence
of basing experience.% while in the exercise of that
sport, which he had been for twenty-seven years ill
the habit of enjoying, for at least three times a we^k,
with that; specter, be would not say of resistance, tor
it would not be a prom term to make use of; hut
With that sett :of aggression and attack upon•llis

aardditable. The residenceierttn of -Mr.-idweL
in
the neighbourhood of Chorley, and he bad the liberty
cif sporting over the extent of ground between Bol-
ton and Morley, including all the lands in the seve-
ral intermediate townships between those two places.
it happened on the day speCifted in the declaration,.
that 'he Arent out with his hounds and tetirme as usual,
land a hare was soon put up within the precincts of,
the manor of Chorley, chased-and ; that manor, I
lielbelle.ted, belonged to a-Gentleman of the name of
Gillebrand, at that time residing abroad ; had 'he been
here, he was well persuaded the ground for the pre-
sent complaint never would have existed. The game
having been put.np within the manor of Chorley,
but in that particular pert of it_ in which Mr. Ridg-
way had no distinct or spleille liberty of hunting, he
called off his bounds in ordee to prevent the commis
stun of any trespass which, he conceived might be
considered as extra to-his privilege. .This occurred
at a very early hour of the morning ;-'yet, et this pe-
riod, two or three of the .deferidabts thought 6't to
make an attack upon his hounds while he was:in the
act of drain them off. He passed over that insult
without notice, and proceeded with his sport within
his own precincts. Another hare was shortly after
put up in the neighbourhood of a place called Dux-
bury Hall, which was in a very short time rundown
and killed. Another was put up, and was pursued
till it got within the precincts of the manor of Cher-
ley : it was to be noticed that it was not started ori-
ginally within that. manor, but had fled thither. It
was quite impossible for Mr. Ridgway, or any person
in pursuit of the game, to be able precisely to ascer-
tain the boundaries of a particular manor, .conscious
that be had the sanction of every farmer whose lands
lay between Bolton and Chorley. He had no ideal
whatever that in following his hounds he could vio-
late the rights of any one. Here the Learned Coun-
sel said he would take leave to state, without fear of
contradiction, that no Lord of a Manor was entitled
by an act of violence to intercept the progress of a
pack of hounds, or to use any violence towards them;
all he had a right to do was, if they were unlawfully
trespassing, to bring an action against their owner.—
One of the defendants, who was the gamekeeper of
Mr. Wilkinson, ignorantly conceived that he had a
right to prevent the hounds of any person, and those
who followed them, from coming upon any past of
the precincts of the manor belonging to his master.
When the hounds approached a particular spot, it
would be found that several of the defendants-began
to ::track and resist them. Mr. Ridgway at this time
was a little behind the pack.. When he came up he
perceived his huntsmen and people engaged in a con-
flict with certain of the defendants. The hounds were
at this moment in full cry ; be called out to his hunts-
men and people to follow the game ; they did so, and
eventually get into a cover near the place where Mr.
Wilkinson lived. The instant Mr. Ridgway found
the hounds had dot: into a wood or cover adjacent
to'44,r..Wilkitsson:s mansion, he directed his hunts-
man to sound his bugle to draw the pack away.—
Every one at all acquainted with the sports of the
field, must be perfectly aware of the prompt obedi-
ence which hounds *paid to that well known sound ;
no one was ignorant that the sound of the horn was
the only way of drawing off hounds when in the act
of pursuing their game. It was just after the hounds
had received this warning that the circumstances oc-
curred which had given rise to the present action.—
The
hounds were retiring in the most orderly man-
ner, when several of the defendants began to assail
them in a way as violent as it was unwarrantable.—
One of the defendants had a large bludgeon, which
he actually broke by a blow on the back of one of
the hounds; another threw stones at them ; a third,
who had a double barrelled gun, fired twiceat them;
true it was he could not prose that the gun was
loaded, for the dogs were not hit or killed: but the
inference was obvious, for gamekeepers were nut
usually abroad without having their guns loaded.— ,
This violence, however, vat's not thought sufficient.
A large and 'furious dog, which was usually kept
chained up, was let loose, and turned upon the hounds,
the defendants exciting the 'dog to fall upon and
worry the hounds. One of the hounds was seized
hold of by this dog and :nue) injured, and it was
not without difficulty the struggling animal was ex-
tricated. Several of the pack were attacked in this
way by the ferocious mastiff set upon them, and
although they were ultimately rescued, it was not
effected without extreme exertion and danger to those
who interposed. All this passed after the bugle had
sounded. As he had before observed, every body
knew that the most effectual, and indeed the only
way of drawing off the hounds, was by the well-
known sound of the bugle: as to attempting to mo-
lest them when in full chase, it, was a vain attempt
whi,h no man could make, unless from a wanton
and malicious motive. The fact was notorious, and
he could adduce evidence in support of it, that such
was the eagerness of hounds in pursuit of the chase,
that there had been an instance of a bitch in a pack
liitering during the hunt, end actually seizing her
pups in her mouth and continuing the pursuit. He
instanced this in order to slew that hounds were not
to be diverted from following their game by any feel-
ing of pain, or by any infliction of external violence.
Now what was the excuse which was set up by the
defendants for this outrageous conduct? But he
woulei Erst observe, that several of the hounds were
so much injured that they were unable afterwards to
join is the pursuit. These hounds had all their identi-
cal names, one was called Treachery, another 'fowler,
Another Tragic, and another Tearer :., in fact, every
hound ih the pack was designated tiy its proper name.
These Poor bounds -in-particular had -serious wounds,
of which they all bore the marks to this day; they
were- obliged to- 'have medicihes administered to
them, and surgical oerations performed upon them.
Mr. Ridgway, considered this AS an unspoi tsin an-like
1). toceediag; it was bush as he bad never met with
Wale, And he trusted he should never meet with it

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aims.. _ deemed it right to inforarMt.Wilkirsh
son of what occurred, for the defenchint's servants
had informed him that they had authority. far their
proceedings. He, could hardly suppose tit:wavy Gen.
tleman would have given• such an authority to his
servants. Mr. Wilkinson wrote him for answer that
he had, examined his servants, that they had given a
very different account of the transaction, and that he
should believe them in preference to any other re,
port. Such, said the Learned Counsel, was the na-
ture of the case. He did not mean to state that Mr,
Ridgtvay had brought the present action with the
view 'of recovering considerable damages, but he was
compelled to vindicate his rights, if he was to
-enjoy
the pleasurerig .the cease in the way he had
~beect
used. to do, end 'all isetioni before him had been ac-
custonlea to enjoy them:. 'Jr ht Eras to submit town
attack Of this kind upon Ws 'haunch every timethe
defendants or others thought 'kaiser UPI/sale if, bte
*meld besubjece re that sort of aggtetsion which' no
sportsman coulcl'brook or endttre. Helen, Mete.
fore, obliged to bring this' ction in order to have the
question deCided between him and the defendinte,
whether hounds, in-pursuit of their game, were liable
Ito be treated in this manner? The justification was,
'that these hounds were in a close which, in one cnunt
of the declaration) was alleged to belong to Mr.Gel-
lebrand ; and in another, to Mr. Wilkinson. He
should prove that the hare was originally started in
anotherAnanor. • Such was the excuse made by the
defendants foe letting loose upon the hounds a large
Newfoundland dog, which had been constantly kept
chained. The first act of this fierce animal, when at
liberty, was to seize a young pointer of their .own,
which he had nearly devoured, before he was *en-
eouraned to attack the hounds. The defendants con-
tended, that these were the only means they had of
driving the hounds out of the cover in which they •
Were disturbing the game. Now, with regard to pre-
venting the garde from being distu`rbed in a cover, he
was informed, that nothing was so likely to frighten
the pheasants as the act of firinga gun twice; and,
further, that there was no way of calling the houndd
off so likely to be attended with an immediate effect
as the sound of the bugle—violence was wholly un-
necessary. If the parties had let the hounds alone, in
three minutes the hounds would have been clear of
the cover. The question was, whether such .an at=
tack upon the plaintiff's hounds was justifiable?—
The Learned Counsel said he remembered a case,
some time ago, where a wanton attack had' been
made upon a sporting-dog. It should always be re-
collected that dogs are not like human beings—they
could not discern the boundaries of manors—they
could not distinguish the local' rights of one man
from another: when the hare Was once started, and
the hounds were in full pursuit of it, to go and at-
tack them, and attempt to beat them back, was a
most flagrant act of violence, more especially when
the huntsmen had warned them off. Hounds, being
animals without reason, had no sense of moral disci:
pline: they merely followed the instinct nature had
implanted in, them. He remembered a case of this
description, where a pointer dog, following his mas-
ter, broke into the grounds of,the late Lord Cawdor,
where he pursued some hares; the gamekeeper seeing
the dog, and being called upon by his Lady, fired at
the dog, and killed it; an action was brought against
Lord Cawdor, a verdict passed against him, and he
was obliged to pay smarting damages : it was held
to have been an unnecessary act of violence on the
part of the gamekeeper, and that he had no right to
kill a dog for merely following the impulse of its in-
stinct..He therefore contended that the gamekeepers
in the present instance had no right to assail and
drive off the plaintiff's hounds in the outrageous
manner they had done; the dogs being there, was
purely an act of their own. He denied the tight of
Mr. Wilkinson, or his gamekeeper or bailiff, to turn
the hounds of Mr. Ridgway, or of any other person,
off the grounds even in their own pos,session. If 4
pack of hounds ran into a close or preserve near a
Gentleman's residence, he admitted it might be'i
trespass; but asit was a matter of mere accident,
and all that could be done'was to call them Off *by
the sound of the bugle, if it were allowedao maltreat
and ill-use the dogs under such circumstances, there
would be an end of the pleasures of the chase. He
was far froth' wishing tO'exaggerate the improper
conduct of the defendants; but he (Mr. Scarlett)
Was in a condition to prove that all the bystanderS,
including even the. tenants of Mr. Gellebrand,
were shocked at witnessing such a harsh transaction.
Having shewn his forbearance in the first instance,
when 'the attack was made, he had neverthelesi
thought it a duty he owed himself and his brother
sportsmen to bring the present.action. The defend.
ants had summoned a Special Jury to try the action;
he did not, complain of them for doing so ; it was an
action 'which Might as well be decided' by s'ortsmen
aslaVeyers. The Jury would hear the evidence, and
he was perfectly' persuaded their verdict would be
satisfactory to \lr. itidgway as, well as the defendants.
Mr. Serjeant HoLeocic agreed with his Learned
a cause which could be better
dfercieindedd, 04,
thissp wasortsm en than laiwyers ; and, as his
Learned Friend had stated that Mr. Ridgway had no
intention of interfering with the covers and preserver
of Me. Wilkinson, he should be well content to have
the whole matter referred to some Gentleman con-
versant in the laws of the chase; the fact was, Mr.
Wilkinson was from home infienthe transaction took
place, and war as innocent of it as any of the Gentle.'
men of the Jury.

Mr. Se/tummy stated, that he was . authorized by,
his client to close with the proposition just made by
his Learned friend.' •
It fortunately happened theres*as a sporting Gen:
tleMgh oh the Jury, and to him all matters were re-
ferred. to decide between the parties, as a sportsman,:
upon the principle which ought to regulate the con-
duct of one sporting gentleman towards another.
The costs the Special JUrp, and the, costs gene-
tallyoti be i7A the iiiitte:itin 'of the refeiie. •• • •
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