Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1919-10-03
THE CHAFFING DISH

OF moths and other insects on the Holme
Wood estate and public road or highway
by which the estate is intersected.'
Quoting from Times Law Reports:
The plaintiffs estate contains great
amount OF game, and at the time of the
defendants visit to the neighborhood there
were pheasants sitting close to the road
running across 1t, which is public high
way. Mr.. Cox was at the time of the visit
medical student and is a b. A. of Cam
bridge. He is now twenty-five years old.
The other defendants were three brothers,
rather younger than Mr.. Cox. The visit
took place In June and July of last year
Q905) and one of the brothers was only
down one day, returning home the fol-
lowing day. AS Mr. Bucllmaster Counsel
for the defendants and later Lord Chan
cellor) observed he went 70 catch but
terfy and caught a writ" During their
visit the defendants occupied considerable
time in catching moths and other insects;
and the principal complaint against them
was that they had visited the road and tres
passed thereon by using It, not for passing
and repassing as wayfarers, but in a wrong
full manner by frequenting and stopping
upon it for hours at a time by night as we'll
as by day, and setting appliances and lights
thereon for the purpose OF carrying on
their pursuit of attracting and collecting
moths and other insects. There was also
a complaint that Messrs Rupert and Justin
Brooke had actually entered one of the
coverts and traversed 1t with lighted lamps.
This gang of desperate men, as one of
their own counsel described them, had,
when tackled by a solicitors clerk -
obtained from the clerk a definition Of all
Injunction and had also performed
dance to relieve their feelings, but had
ultimately accepted suggestion from the
clerk that they should leave the neighbor-
hood. Some evidence was adduced to show
damage. Some peculiar kind of grass
aboundng on the estate, and said to be
highly inflammable, was produced and it
was also alleged That sitting hen pheasants
would be disturbed by the flashing of
lights and that the damage by nest being
deserted was twenty-five shilings
MR.. BUCKMASTER, for the defendants,
submitted that the action was frivolous,
vexatious and contemplate.
MR.. JUSTICE BUCKLEY, in delivering
Judgment, said that the plaintiff had pas
sion for sporting. and the defendants had a
passion for catching moths. On
June 10, 1905. the defendant Cox who was
putting up sticks and a sheet on the road
for the purpose of catching moths. was ad-
dressed by one Tant. an underkeeper of
the plaintiffs On July Il Tant
spoke again to Cox and complained of the
untdiness of the highway, and Cox, who
had turned out the contents Of an acetylene
lamp and whitfield stick, answered the
man civily and expressed his regret On
July a clerk o. the plaintiffs solicitors
gave to three of the defendants letter
from the solicitors The boys at this had
been taken aback. and at first executed
something like war dance. Two
of the defendants, Rupert and Justin
Brooke, while denying that the plaintiff
had suffered any damage. said that they
brought into court the sum of one shilling,
rendered before action brought. and
pleaded that the sum was sufficient to
satisfy the plaintiffs claim.
There was no evidence of any damage.
It followed that the writ ought never to
have been issued against these four school
boys as they might be called. after they
| had given their word of honor. The plain
| tiff was entitled to an order for payment
Of the one shilling paid in, but he must
pay the defendants costs of the action.