The Times, Monday, Feb 20, 1871; pg. 11; col D
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
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