The Times 1811 - 1820 Aug 31 1819 Carlisle Assizes (Lawson v. Peat [b])...#11

Aug 31 1819 Carlisle Assizes (Lawson v. Peat [b])...#11

The Times, Tuesday, Aug 31, 1819; pg. 3; Issue 10712; col A                                 CUMBERLAND ASSIZES                     CARLISLE, WEDNESDAY, AUGUST 25.              LAWSON, ESQ. V. PEAT. - RIGHT OF FISHERY.     [continued] John NORMAN (examined by Mr. WILLIAMS), steward for 19 years to the LAWSON family, knew Izell manor belonging to the plaintiff, and extending from Ooze-bridge to Wood-hall, a space of about 3 miles. He had often been assisting in dragging the river along all that space on both sides. No interruption had ever been made. Trout of all sizes used to be caught. The trout now caught were nothing like them in number or size. Cross-examined by Mr. SCARLETT. - The land on the banks was all let to tenants. It was 8 or 9 miles from the sea. Sir Frederick VANE was the adjoining proprietor, higher up. Foreman. - Were they river trout or sea trout you caught in the early period of your fishing there? Witness. - They were all river-trout so far as I knew, but I don't know exactly the difference. Mrs. HENDERSON, aged 64, remembered to have seen trout fished, some 2lb., some 3lb., but not many. Sitting on Izell-bridge of a summer's evening, she had often seen salmon passing up by half-dozens; she had seen the river dragged. John WILSON, aged 77, had fished there more than 20 years back: sea-trout and gray-trout had been taken, and small salmon weighing 6 or 7 lb. It was now 12 years since he had been fishing there; the fish had latterly become smaller and thinner, (fewer, although the learned Sergeant suggested it might literally mean the thinner form acquired by being squeezed through the contracted stells.) By the Court. - He had seen some gilts or sea-trout taken there within the last 20 years. Thomas WYBERGH, Esq. (Mr. WYBERGH was, we believe, bred to the bar. His spirited exertions during the last contested election in Westmorland are fresh in the public remembrance. This was the sarcastic allusion, or rather quotation, to the Westmorland Clergy - "The Lord gave the word, and great was the number of preachers") begged to state to his Lordship before he should be examined, that as the father of the plaintiff, he felt a strong bias upon this question. (His Lordship smiled with great complaisance, and with a look that implied full confidence in Mr. WYBERGH's honour.) The witness then stated, that he lived at Izell-hall, and had been accustomed to fish on the river, at the place in question, for 35 years. He calculated that when he first began to fish there, the fish had been two-thirds more than now. He had seen it dragged, and had seen sea-trout taken, some as heavy as 3 pounds and a half. He could not say whether they were gilts. Dr. EASHAM (who sat in Court next the opposite counsel) was a better naturalist than he, and could tell them. Cross-examined by Mr. SCARLETT. - He was now as capable of standing long in the water, and fishing for as long a time, as in his younger days. He generally went to fish immediately after breakfast, returned at half-past four, and dined at five. He always had a good dish of fish on his table. When he said they had been two-thirds more numerous formerly, he spoke of river-trout as well as sea-trout. There were now much more pike than formerly from the lake. He had known fish grow fewer in the river Ellon, but it was from an obstruction placed in the water. Mr. SCARLETT. - I recollect seeing you fish at Appleby, and hearing you say that fish had become much scarcer. Mr. WYBERGH. - No, Sir, I never did say so. Mr. SCARLETT. - Do you recollect seeing me when you were fishing there? Mr. WYBERGH. - No, indeed, I do not. Mr. SCARLETT. - But I remember it well: it was 15 years ago. Mr. WYBERGH. - I have no recollection of having ever seen you when I was fishing. Mr. SCARLETT. - Well, I won't appear against you. Mr. Justice BAYLEY. - Mr. WYBERGH, I shall ask you but one question. Did you see any sea-trout taken there within the last 20 years? Mr. WYBERGH. - I really cannot swear that I have. (After a considerable pause) I ought to mention that one sea-trout, 1lb. in weight, was taken last year, and occasioned very great surprise. (Mr. Sergeant HULLOCK and Mr. WILLIAMS gravely surmised that it must have been thrown over the impenetrable obstruction.)

 

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