Aug 31 1819 Carlisle Assizes (Lawson v. Peat [c])...#12 - Cumberland and Westmorland Newspaper Transcriptions

Aug 31 1819 Carlisle Assizes (Lawson v. Peat [c])...#12

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]

The charter to Sir Wilfred LAWSON and Dame Matilda his wife, and the heirs of
their body, dated the 9th of December, in the 7th of James I., was next put in
evidence.

Samuel FLETCHER had caught a gay few of sea-trout above 20 years ago.

William ROBINSON gave similar evidence.

Mr. Justice BAYLEY. - This is exceedingly strong evidence that the obstruction
was completed 20 years ago, and that no obstruction since can have injured you.
There is no difference in our law; is there, brother HULLOCK?

Mr. Sergeant HULLOCK. - No, my Lord, unless your Lordship can come something
nearer to my view of it.

Joseph THORNTHWAITE, a house-carpenter at Workington, proved that the hecks had
been lowered from a perpendicular to a sloping position in 1794, all but one
small part of them, which was lowered like the rest in 1802. He had 4 years ago
contracted the interstices in the stell hecks from 2 inches and a half to 2
inches. He had himself put a salmon, weighing 10lb., through 2 inches and a
quarter; by dropping the fish over it, it went through.

Mr. Justice BAYLEY thought, that any alterations in 1802, or at a later period,
were immaterial, since it was not in evidence that any sea-trout had gone up the
river within 20 years.

Mr. Sergeant HULLOCK. - That is my case.

Mr. SCARLETT. - Do you mean to go to the Jury?

Mr. Sergeant HULLOCK. - Can you alter any part of the case?

Mr. SCARLETT. - I don't wish to alter it.

Mr. Sergeant HULLOCK. - Of two evils, I belive I'll choose to be nonsuited. I
hope your Lordship does not think that I give up any thing.

Mr. Justice BAYLEY. - Certainly not. A question very early put by the foreman of
the Jury (Mr. DUN) showed me what the case was.

Mr. Sergeant HULLOCK. - It showed it to be no case. - Nonsuit.

Court and counsel united in condoling with Mr. WYBERGH on the decreased
productiveness of his fishery.

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