Carlisle Patriot, 13 Aug 1825 - Cumberland Summer Assizes (9)

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Saturday 13 Aug 1825   (p. 2, col. 3 - p. 3, col. 5)

 

CUMBERLAND SUMMER ASSIZES.

 

NISI PRIUS: MR. JUSTICE BAYLEY.

  

[continued]

 

CORRY v. BLAYLOCK & ANOTHER.

 

Mr. CRESWELL stated the case to the Jury.—This he said, was an action of trespass. He had been suddenly and unexpectedly called upon, and therefore, perhaps, his account might be confused; but as many of the jurymen had seen the premises, they would be able to judge for themselves. It appeared that in 1798, Mrs. CORRY's husband purchased the property, from Mr. ARMSTRONG. In 1804, Mr. ATKINSON pulled down his house and rebuilt it. There had been some quarrelling; and to be good neighbours again, he gave the materials to build a wall. The house, somehow or other, was built without a staircase, and this caused an encroachment. (The learned gentleman had a wooden plan of the premises, by which he was enabled to describe their situation very minutely to the jury.) If he could prove that Mrs. CORRY had always remonstrated against any encroachment, and had so far resisted that the defendants had always yielded to her, they would have little doubt upon their minds.

 

James MOFFIT sworn.—I am cousin to the late Mr. ARMSTRONG. I know the premises in dispute. I remember the yard and the north side of the house; there was a stone seat at the back door, about a foot high; Dr. ARMSTRONG's servant used to set tubs upon it. There was also a turnspit jack, in the corner; the weight hung down on the outside; when it was wound up, it went into a box at the top of the wall. The seat was at the west side of the door: there was a cellar window to the east side of the back door. The road on the north side of the house led into a yard, where ARMSTRONG had a stable. The road was a private one, and went into a nother [sic] yard, belonging to a person of name of EWART. Mr. ARMSTRONG died at North Shields, six or seven years ago. I have seen the premises lately, but the seat is not there now, and I dont know when it was taken away.

 

Cross-examined by Mr. PATTESON. The yard communicated with the back part of the George and Dragon inn: there is a gate now, but formerly there was none; Dr. ARMSTRONG would not allow one. The front of the Anchor Inn is in the lane leading into this yard, opposite Mrs. CORRY's back door. There is also a foot-way leading to the beck; but they can bar it up; I have known it barred up. The back door is to the east of the end of the wall; and the seat is to the right-hand of the door. I remember the premises after the wall was built, and before the roof was put on. I don't remember the flue from BLAYLOCK's shop. Before the roof was put on the wall, it was of no use; indeed it was a nuisance. I never saw any body put ashes there. I remember the wall being built by ATKINSON; there was some mischief about it at the time.

 

Re-examined.—I don't know if the gate at the back of the house was ever locked. Dr. ARMSTRONG used the road to the beck. There was a house there before I was born. There was no window out of the old house into the back yard. There is an arch-way now; but the yard was quite open till the new house was built.

 

John FOX sworn.—I am a stone-mason, and I know the premises in question well. I was employed on the buildings by Mr. ATKINSON 21 years ago, in 1804. Mrs. CORRY occupied the premises. The passage was at this time open over head. I made the arch-way; and the building over it. Mrs. CORRY did not complain of the arch-way; but Mr. ATKINSON and her disputed about the building going up at her house-end: she thought he was going to rest upon her. After he finished the rooms, he had no inside stair-case in the house; but he had another house adjoining by the arch-way. He entered by the north house, through the side wall, and through the arch-way. He thought he could have a better plan, if he had a landing over between Mrs. CORRY and him. Mr. ATKINSON applied to her in my presence; he said, her and him had often differed on account of his building going up at her house end; but he thought her and him ought to be good friends, as his building was nearly finished. He then said to her, "I am going to ask a favour of you. There is a corner against your house, it will make a very nice pantry for you. If you will accept of the offer, I have a quantity of refuse stones left, and I'll set my workmen to build up the wall for you." She said she had often thought of such a thing herself; for she had much need of a pantry. They both agreed, and Mr. ATKINSON ordered me to get forward and build the wall: It was built about 8 or 10 feet high. They were both very pleasant about it. I remember a person named HARDING having the property of BLAYLOCK's, eight or nine year ago: he ordered me to get a stove from the foundery for a saddler called Nicholas ROUTLEDGE, who occupied the shop. The shop runs as far back as Mrs. CORRY's wall. HARDING gave me no directions about the stove: he said it would have been a good thing if he could have put up the flue at the back of Mrs. CORRY's house; but he could not do that because it was not his. It was put up against Mr. HARDING's east wall, over the arch-way. This was a more difficult and expensive way than if it had been carried over Mrs. CORRY's wall.

 

Cross-examined.—Mr. ATKINSON made Mrs. CORRY a present of the wall; it came up by an angle against her back door, close to the wall. I made no door, to open into it from Mrs. CORRY's house. I was applied to to measure it by Mr. HALL; but I said I would be out of the way: he said it was not material. Mr. LAW also asked me to measure it; I told him it made no matter about my going; any body else could do it. I did not say I would not do it; but I did not like it. I would have done it if he had subpœned me; but I did not wish to offend the other party, as we were something related. HARDING told me that he could not carry the stove pipe through the little building. I think the roof was not on; but I cannot say when it was put on.

 

Re-examined.—When I was asked to measure, I had not seen Mr. CARRICK, plaintiff's attorney. Mr. ATKINSON said if he could rest upon the wall, he could effect a landing; but I never heard him say who the ground belonged to. To have made the pantry, Mrs. CORRY must have opened a door from her own kitchen. The door way and roof, I suppose, would be made at her own expense. (This witness talked almost incessantly: there was no controlling him; to use Mr. Justice BAYLEY's observation, he was "all tongue." He persisted in talking and giving indirect answers to questions asked him. His Lordship remonstrated with him; he even interrupted the judge in his remonstrance; and his Lordship threatened to commit him before he could awe him into a reluctant silence.)

 

John HODGSON sworn.—I am a joiner, and was employed by Mr. ATKINSON on these buildings. About 17 or 20 years ago, I was employed to put up a landing to get from one house to another. I placed one end of the beams to support the landing on the north of ATKINSON's building; the other end I rested upon the angle of the wall now pulled down. Mrs. CORRY objected to this: she said she would pull it down herself, and attempted to do so. She got upon a chair, with a coalrake in her hand, and attempted to pull the beam out of the wall. I told her to let it alone, and I would speak to Mr. ATKINSON, who then told me to put the end of the beam into the wall, clear of Mrs. CORRY's property. I then put the beam in at the spring of the arch; but this was not quite so convenient.

 

Cross-examined by Mr. PATTESON.—Mr. ATKINSON told me to put the beam into the other wall, as he did not wish to have any disputes.

 

By the Judge.—Mr. ATKINSON said at the time that he built the wall; but he did not say it was his; nor did he say why he built it. I dont know how long it had been built; it was about seven or nine feet high, and not then covered in.

 

 

[to be continued]