The Times 1871 - 1880 Feb 20 1871 Carlisle Assizes, Civil Court

Feb 20 1871 Carlisle Assizes, Civil Court

The Times, Monday, Feb 20, 1871; pg. 11; col D                               SPRING ASSIZES.                                  ----------------                            NORTHERN CIRCUIT.                               CARLISLE, FEB. 18. Baron MARTIN and most of the Bar, several of whom had been engaged at Appleby, did not arrive in this city till near 10 o'clock on Thursday night. The Commission was opened by Mr. Justice WILLES, who arrived about 6 o'clock from Appleby. Their Lordships attended Divine service yesterday morning at the Cathedral, after which they proceeded to their respective courts at 11 o'clock, Baron MARTIN charging the grand jury and sitting in the Crown Court. The calendar contained the names of 19 prisoners, most of them charged with offences of no very grave character, but three were charged with murdering a man in a fight among some "navvies," arising out of a feeling of animosity between the English and the Irish labourers, and one with manslaughter, for recklessly driving a goods train whereby a collision occurred with the London and North-Western night mail on the 10th of July last soon after it left the Carlisle station, and five persons were killed. The cause list contains an entry of only three causes, one of which was postponed on terms, a material witness being absent.          CIVIL COURT. - (Before Mr. Justice WILLES.)                         GARNETT V. DUFTON. This was an action of ejectment to try the right to a house and land at a place called Thomas Close, near Hutton, in this county. Mr. HOLKER, Q.C., and Mr. HERSCHELL appeared for the plaintiff; Mr. QUAIN, Q.C., and Mr. KEMPLAY for the defendant. His LORDSHIP having summed up the evidence, The jury found a verdict for the defendant.               HINDE V. SHEPHERD AND OTHERS. This was an action of trespass for pulling up fences to try the palintiff's right to a piece of land at the village of Flimby. The defendants (whose case was lately stated in our columns in a letter from Mr. SHEPHERD) pleaded that the land on which the trespass was alleged to have been committed was a village green, on which the inhabitants had a right from time immemorial to play at football and other games. Mr. HOLKER, Q.C., and Mr. KEMPLAY appeared for the plaintiff; Mr. QUAIN, Q.C., Mr. CROMPTON, and Mr. S. P. FOSTER for the defendants. The plaintiff, it appeared, bought the plot of ground in question, situate in the middle of the village of Flimby, in 1870, from the then owner, a gentleman named WALKER. Before the conveyance had been executed by the vendor's leave the plaintiff fenced the ground round and placed building materials upon it for the purpose of building a house. The inhabitants (as stated, at the instigation of the defendant SHEPHERD, who is the incumbent of the parish) pulled down the fences and scattered the building materials. After this the plaintiff met the defendant SHEPHERD, who warned him that his parishioners claimed a right of common over the land, which was the village green, for the purpose of playing football and other games upon it. The plaintiff then went to the vendor, who executed the conveyance of the land to him, with unqualified covenants of title. The plaintiff thereupon rebuilt the fences and brought more lime and building materials upon the land. The defendants, who were chiefly colliers residing in the village, seeing this, went to the green and, kicking a football over the fence, began a game at football as the plaintiff was superintending the putting up of his posts and rails; and as the game progressed to and fro they knocked down and pulled up the fences which interfered with it. These were the trespasses complained of. The trespasses were admitted, and the only question contested was whether or not the defendants had an immemorial right to use the green for the purpose of village games as stated. The case is only part heard, and was adjourned to-night to Monday morning at half-past 9. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Petra

 

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