Star.
London, England, 1817-07-31 00:00:00

COX v. SHIRLEY.

This was an action of trespass. The plaintiff, Mr.
Cox, is proprietor of some lands, among which is
Shirley.park, between Derby and Ashburn. The de-
fend.int, the Rev. Walter Shirley, is Vicar of the
Parish. The Vicar. who has held his present living
for two years, claimed a right to walk though Sbir.
ley-park, by a path which he asserted was a foot-
path time out of mind. The plaintiff denied the
right. and stated, that the gates placed there were
for the accommodation of huntsmen, and that the
only way through the park was made for the sole
purpose of conveying away the timber felled in it.—
This case occupied the Court from twelve o'clock till
nine. On the part of the plaintiff,
Mr. CLARKE, Serjeant COPLEY, and Mr. BALMY,
called upwards of twenty witnesses, who gave evi-
dence that the way through the park was never a
public thoroughfare, but merely a private conve-
nience for the proprietor and his servants, and that
others were even stopped and obliged to go back
Mr. Serjeant VAUGHAN, Mr. KIADER, and Mr.
DEEMANI for the defendant, called many witnesses,
who appeared to be very old, and who declared that
they and their lathers had always used this path as a
thoroughfare, and considered themselves entitled to
do so. Among the witnesses were three brothers
and a nephew of the name of Jackson, who afforded
some amusement to the Court. Joseph Jackson was
asked by Mr. COPLEY, " Were you ever committed
for poaching ? You seem to know all about it—tell
what you know (a laugh); ani I ask you upon your
oath, if you ever were taken up for poaching 1"
•' No, I never was. but I will tell you, I don't know
who you are, or any thing about you ; I tell you
that no master, servant, or companion, can say I
ever poached." •
litimpbrey Jackson was asked by Mr. CLARKE"

"how lorg it was s7-rice 1:c fregner,tad this path ?"--
" He could r.r,t say precisely."—" No, can you not
tell something like it No, I will tell nothing
but the truili."—" Well, never mind that. tell rue—"
" Yes, Sir, but I will mind iz, and taws care never
to speak but the tru,h." (Loud and tantinti:l laughter.)
Mr. Justice BAI LILY—How l.u.g it since a Gate
has been put where the slip-stile E
Witness-i—Why, perhaps 16 years.
Mr. Justice BAYLEY—A pent) clear proof that
it was nn thoroughfare.
Mr. Sajeant V.scolias—Your Lqrdship will not
hold that 16 yell:. CAli deprive us of our right
Mr. Justice BA V I.LV —No, indeed. hrutnerVautzhan,
but it is petty _iron; evidence tf.a:kthe fight Lever
existed.

When his Lsrds!s3p was go;i:g to sum up, tic Jury
interrupted hrn, declaring it to b utinecusaary, al:L1
gave their •erdict tor the Plaintiff.

No damages woe clwmed. The goestion was
merely as to the right.

CHELMSFORD, JULY 29.
The Summer Assir.es for !he Como), of Essex
commencet! here yesterdAy home Lcrd ELLENno.
Boum" and Mr. Just cr DALLAs.

TILE KING 0. THE INIIA VITA NTS or CHIGWILLI.

This W 46 an indictment against the defendants for
not keeping in repai► a certain public highway lead-
ing from Woodford-bridge through the forest of Hai
nault to Chigwell-row, in the defendants' parish'.
The trial I turd nearly the whole day, and the prin.
tip tl questipn was, whether the road in question WAS,
4CC.)fding to the language of the indictment, a put .
lic highway from time iminemin ial used by the King's
subjects to pass through aii along at all times, with
carts, waggons, and carriages ?
From the evidence, it appeared that the highway
in question was only a fair weather road, and lrtJ
never been treated by the drtfndar•.ts as a public high-
way which they were liable to keep in repair.
The Jury, under the Learned Judge's directions,
found the defendants Not

MALICIOUSLY SHOOTING.

Maps Welsh, one of the desperate gang, several
of whom were convicted at the last Assizes, was in.
dieted for maliciously shooting at James Dennis, at
Elsingliam, on the 30th of September last.
The prosecutor, Mr. Dennis, a farmer, resident at
Elsingham, in this county, stated, that on the night
of the 30th of September last, about twelve o'clock,
alter his family had retired to bed, he was alarmed
at a noise as forcing one of his lower windows, urn
which he got up, and saw several men in the yard.
Ile hallooed out, 46 Who is dire i" Upon which
one of them exclaimed, a D—n you, you old buffo.,
we will let you know." He said, " I Vo ill fire Tit you,"
and called up his man. Son after his maid brought
up a light, and he went down below, when a gon
or pistol was fired at the window shutter, and two
shots c ime through the crevice of the shutter, znd
struck him under the eye and near the nose, but he
could not identify any of the parties, but he saw that
there were several men.

Two witnesses were called, Elizabeth Clark and
Thomas Men; the former of whom was the moister
of one of the men who was hanged after the last As-
sizes. They stated, that on the night of the 30th of
September last, persons of the names of Miller, Gif-
fin, William Clarke, and James Clarke, together with
the' witness—Mert, Met at lianly, at old Clarke's
house on the night of the .10th of September, and
having there blacked their facer, they went out to
commit di predations, and in pursuance of that plan,
they went to the prosecutor's. There one of them
attempted to force open 'a parlour window with a
plough-share, wfiich disturbed the family. Mert,
then, cqrroborated the statement of the prosecutor,
that he appeared at the window, when Welch snap-
ped the pistol, which missed fire twice, but on the
third attempt it went off. Upon the firing of the
pistol, a man of the name of Julies Pearce came up,
who questioned them, but they told him to hold his
tongue, or he should fare worse, but if he went away
quietly they would not hurt him. Pearce corrobo-
rated this part of the statement, and lie thought it
prudent to retire. When they returned to Clarke's
house, Mrs. Clarke advised him to bury the pistol
and dark lantern, which they laid in an adjoining
orchard ; they did so, and the Constable proved that
he found the pistol buried iu the place that Mrs.
Clarke had described.

These facts being proved, tvl.ich was the same evi-
dence given against others of the ging last Assizes,
the Jary found the psisnner—Guilty.

DORSET ASSIZE&
RIGHT OF WAY AT BLANDEORD.
kluotyr V. CROSSR.

Mr. CASBalin, on the part of the plaintiff, stated
that this was an action of trespass, brought by Mr.
John Riclout, residing near Blandford, in this county,
against the Rev. John Riddle Crosse, for breaking
and entering the plaintiff's close at Long Langton
and Crick House. To this charge in the declaration
the defendant answered by two pleas : in the first of
which he states, that the locus in quo was a public way
and foot-path, along and over which he and all the
King's subjects load a right to go ; and that he only
threw down a gate which had unlawfully been erect-
ed by the plaintiff, so as to obstruct the passage along
this public fisot-path, as he was entitled to do. The
second pica put in the record by the defendant was
rather a curious one. The Learned Counsel would
not say it was altogether contradictory to the first,
but certainly it was very inconsistent with it. This
second plea was a license given to the plaintiff by the
defendant to pass over the close in question. The
plaintiff denies that the place in question is or ever
was a public way, or that he ever gave the def. da .11
liberty to enter his close. The Learned Counsel then
proceeded to explain to the Jury the precise sittnaion
of the premises, a map of which was produced.—
From the Learned Counsel's statements, and the plan,
it appeared that the town of Blandford was to the
east of the close in question, from whence there was
an old-accustomed highway leading to Langton
Church, and so on to other places; that there were
no persons residing to the west or north-west of the
close, so that there could be no reason why there
should be a way through that close. The Learned
Counsel undertook to prove that 40 or 50 years ago
there never was any gate at all in the plaintiff's close,
but only one continued fence, which was regularly
kept up ; therefore there could not have been any
public right of way. Ever since there had been a
gate there, it bad been kept locked, and the key kept
by plaint;ff's servants, who lived in • cottage close,

by ; thlt all formes who atterpted to pass th tt way
woe kr/att.:l)ly turned back; that the detraction's
father had, in his lifeoime, sent to the cottage and
a,ked for the key, to be allowed to pass into the cirrae
with a labourer and some thorns; and that even the
defendant himself, about two years agn, had rentre•t-
ed leave fur hinrsell and a Lfr. Mitchell to yo ov.-r
the due, which was grar.ted hint, and the gate r.
unlocked for that purpose by the &metric of the
plainti.T. M,. Cameo) concluded by twine, 1114.
he should call witnesses to prove the trespass, to
prove that the close was not a public ray, and he
telt confident that the Jury by their verdlc ,
Ireinstere the plaintiff io Isis rights.
Elizabeth Riggs, the wite of Eichard Ri‘me, said
she lived at a cott:ige belonging to Mr. Ridout, re
the parish of Long Langton, Blainiford. kin .ws the
detendAllt, saw hint at the plaintiff's gate in Medi
last ;he tore nut the hedge of d plantation ard
rick yard, beside the fare on the left hand going to
Wan:borne. Don't recelieet v hat day of the month
it was; en -ugh of the lerice was broken to let tiny
one pass through. He went liver the road, and to-
wards I/landlord ; he came from pl git.tiff's rick.; std.
Witness had lived erven years in the covrge last
March. Cot site the plaintiff's gate and hedge troll
her house ; it it al)',l.lt. A stone's errow off. First saw
the gate eleven years ago ; it had been kept I.:.cked
ever once witness's husband keit the key; be was
carter to the plaiiititl. Ever since witness had known
the place there 11.1 d been a hedge round the ti?ls.
yard, as there is now ; spikes were on the op I f the
gate, and it was brred to keep boys from going over
it to bird's pest. None but boys went over it.—
Plaint:lf always ordered wir,pess to k-ep the gate
lucked, and let no one in. Wi;ness always lothade
people from going that way, and they used to retain
back ; seldom saw any one. Wit, ss knew Clieosr,
Mr. Crosse's steward. Cheater came to the coetage,
and asked witness's husband if he would be so kitiel
AS to let his master through :be gate? Witness can-
ed her husband, who went out with the servant and
the Witness. Witness saw the defendant there and
aunt! er gentleman at the gate ; this WAS i:buut two
years ago. Saw I:er husband noil-ck the gift.—
Cheater asked witness's husband if he would go and
have a drop of beer and some bread and cheese
Defendant and the other Gentleman went through
the gate, and told witness's husband to lock the gate
again, fur they should return another en my. Witness
never retnembeted the tick-yard, or plantation, being
ploughed. There was a track through the geld
which went beyond the plantation ; it was a little
road for people belonging to the cottage to go by.--
Witness used to go through the field to Lingten ;
knew Freeman's hill, vett of the plaintiff's estate;
the track seem over that hill. ; never knew that tell
to be ploughed ; and Mr. Critsse used very often to
forbid persons gniag that way. He then occupied
the house and orchard which the defendant now doe:,
nni which adjoins the rick pad.
Cress•cearnined by Mr. Serjeant PELL—There is
but one cottage, where 1 live. Mr. Fargithirson has
property, being Freeman's Hill. The track was
made by the people at the cottage. I dare say, Sfr,
you have seen the place. I we, t'tere the day before
yesterday, and saw. your Honour there. I had no
business with you, therefore did no: speak to you.—
There is a footpath for one person; two court flat
go without walking on the grass. The path leads
'up the hill. 1 don't know any thing of the old stile
there ; I don't know whether these may or may not
be a stile up the frill. There is one there in Mr.
Farquharson's field ; it is directly in the way front
the rick yard to Langton ; it is situated between the
plaintiff's and Mr. Farquharson's property ; it is an
old stile. To go intro the lick-yard we always usei
to unlock the ga.e, of wlt ch we always had the key;
had no other means of getting there. Tritre are
pales on the side or the gate, will spikes • n
Can't say how they have been put tip ; sonic
are new; s one were broken down last win-er or
spring, and oth.trs put up in their s•ead. Can't swear
whether er no there were spikes en the old pales, hut
believes there %vete. Don't know that I ever got tarer
the pales on the side of the gate.—Mr.St.rjeant Pert
—Now, Betty, conic an •w:r the chic: when you got
over the spikes •.‘tiety they mu .1 have tickled pi;
little, and yon nen a, their:lore, remember it?—Wit.
nee,. Don't know Or the matter of that ticklikt, Sir.
I know thee Wirr,botate road; the awes is much out
there in tl.e winter.

Richard Ri,!gs, tie husband of the last witness,
said, he had been set valet to plaintiff upwards of
eleven years, dining which time the gate had been at
the rick yard. There always were sink= s on it, and
no place kit to citable any one to get over it, or by
the side. It was lwit) s kept locked by his masters
os de rs. Saw deft nelain ill.: gate on the '2IA of
last March. Witness iinlockod the gate for defen-
dant and another Gentleman, to go thrnign the close.
about two years ap.3. They asked per itstssion 19 be
aliuwed to do se. The track had twin ploughed
over, all torough, every year. one Fort, de.
fendant's father's servant he asked permissiou to go
through the field, about six or seven years ago, with
some bushes; it was granted him, and the• ta:e was
unlocked for that purpose. Defendant's Itttht r
ways turned the begs out of the tick yard. There
were always spikes on the knee between the gate and
the orchard. His often heard ptaiutill forbid people
going over the field. Defendant's servant, hiatyard,
came to me, and desired me to ro to the gate;
went there ; saw defendant there ; he said be seat for
me as a witnes,., tit it I might te,! the staple of t"As
gate drawn. Defonefaht of &fired his servant Daridge
to draw the st uhich Datidge did with a pick.
axe. The gate v.as then Lcked again, and detc,..
dant sail the staple could not be put in 4g:tit far
five hundred pot.nds.

Cross.examintd by M-. Gmrtee.—This teas 01
the '2l,st ut last March. There is atr :ck across the
Wimborne ru.td, becanse we go in and out with .
horses. There is a plain foot-path up the ti I, which
never was ploughed up since I remeruht.r. Fteeman's
hill is pl.lughed up every year. There are hurdles
there to keep the cattle 4.ff the heath. There is a
stile dividing Freemen's-hill from Mr. Farquharson's
field, called Grottene. stet standing there
when I first knew the place. There is aStteit to it.
I have gone over that track beyond the stilt:: I con-
sidered I had no right to go there, but Mr. never
forbid me. ‘Vimborne hoses road is lull of water In
the winter; the flood used also to 4.1.4 w the u
road. There is a raised towpath eicre.

Rebut Tru,vbrWgc, abed lovd 04,

'I!

ter 155
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