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RIGHTS OF THE PEOPLE.

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RIGHTS OF THE PEOPLE. DINAS POWIS PATHWAY RE-CLAIMED. NOTABLE VICTORY AT CARDIFF COUNTY COURT. A RETROSPECTIVE VIEW. With regard to the public pathway between Spring Cottage, Dinas Powis, and the Baptist Chapel at Llandough, which was asserted before Judge Owen at Cardiff County Court on Friday in last week, the following retrospective particulars will now be of interest in view of the spirited, and persistent, and praiseworthy action of Mr D. R. Morgan in thus champion- ing successfully the public rights :— The public right to use this pathway was first definitely challenged in July last, when Mr D. R. Morgan, the Poplars, Dinas Powi-, was summoned at the instance of Mr Samuel Blake, the tenant of the field adjoining Spring Cottage, through which field this pathway runs Twenty shillings were claimed for damages. The magistrates at Penarth (Messrs Batcheior and Bevan), after bearing the evidence dis- missed the summons without comment, the defendant's solicitor having contended that the magistrates had no jurisdiction as wilful damage had not been proved and defendant's claim that there was a right of way bad been established. Following this POLICE COURT CASE, in August last, a more decisive step was taken an attempt was made by the owner, Mr George Shepton, a Cardiff builder, to prevent the public from having access to the path by sub- stituting for the climbable five barred gate at the Spring Cottage entrance, a formidable barrier in the shape of a spiked gate which was covered with barbed wire, locked, and this was flanked on each side by notice boards.—At the instigation of Mr D. R. Morgan, the LJandaff and Dinas Powis Rural District Council decided to interfere with the view of piotecting the public rights, and on the 3rd November last, on the motion of the chairman, Mr Robert Forrest, J.P., it was unanimously resolved that their surveyor (Mr Holden) be directed to remove the obstruction.—The Surveyor and his assistant carried out this instruction on the 17th November, and on the 27th of the same month Mr D. R. Morgan wrote to the District Council pointing out that although the public bad then free access at each end of the path, it was still blocked against public use by other obstruc- tions. These obstructions, now somewhat modified by the action of the Council, are :— (1) An unclimbable spiked gate; (2) A shed and hayrick fence, planted right on and across the path compelling the pedes- trian to commit a trespass or turn back; (3) The widening of a ditch, and the removal of the plank by which it was crossed (4) The stiles at either end of Mr Hornblow's fields, through which the path runs, fenced up with brambles and barbed wire. On December 17th last, the Surveyor, accom- panied by a member of the Council, met a few of the OLD INHABITANTS of the neighbourhood for the purpose of defin- ing the line of the original pathway in dispute. The whole of these witnesses-and they remem- bered the path during the last 60 years—were unanimous in testifying that the pathway fol- lowed the line contended for, and that the various obstructions mentioned are all upon it. The press reported that there was undoubted testimony that it is an old public footpath, and that steps should be taken to restore the public rights. But the Council, after hearing on the 5th January last, certain statements made by Messrs Heard and Son, solicitors for Mr Shep- ton (which statements were afterwards refuted by Mr D. R. Morgan through the press), resolved that a sub-committee obtain further evidence and report to the Council. This sub-committee, consisting of Mr O. H. Jones, J.P. (chairman), Major-General H. H. Lee, J.P., Messrs Oliver Williams, John Thomas, Thomas Cram, James Holden (survey- or), and M. Warren (clerk), held an inquiry at Dinas Powis on January 28th, at 11 a.m., but it is alleged by Mr D. R. Morgan that, through certain members of this COMMITTEE BEING PREJUDICED against this footpath agitation, they insisted upon the inquiry being held at an inconvenient hour to the working men; and though Mr D. R. Morgan assured them that not a fraction of the available evidence was heard, and that over fifty users of the path could be easily brought before the committee if they would adjourn the inquiry, they refused to yield Upon the representation of this committee of enquiry, Messrs O. H. Jones, T. Cram, and General Lee, on the 3rd February, induced the Council not to take any further action and to reject Mr D. R. Morgan's appeal to make a fuller and more exhaustive inquiry as to the user of the path. Mr Morgan, having regard to the emphatic testimony in favour of the public right by unimpeachable witnesses (being nearly all the old residents), then proceeded to get a petition, signed by over ninety old residents who had had uninterrupted usage of this path during the last 69 years, respectfully requesting the Council to defend the public right and to use all diligence in maintaining tins' public right in the district governed by that body. Mr Morgan also got up another petition, simultaneously, signed by nearly every resident in the neighbourhood of Dinas Powis, appealing to the Council to maintain the Dublic right to use this path. DEFEAT TYRANNY stood out at the head of a handbill which was delivered at every house in the neighbourhood, inviting all good folk to aid him in the assertion of the public right to this path by walking over it on St. David's Day, 1898. This was duly accomplished by about 300 residents in the most orderly and peaceable manner, and without the assertors encountering any opposi- tion. Mr Morgan had taken steps on the previous day to insure police protection, so as to avoid, as far as possible, any breach of the peace. On St. David's night, at a crowded public meeting in the National School at Dinas Powis, Mr Morgan was voted to the chair, and the following resolution was put to the meeting and carried without a single dissentient:— «< That this public meeting at Dinas Powis condemns the closing of the public footpath between Spring Cottage and Llandough Baptist Chapel, and calls upon the District Council to make a fresh and fuller inquiry into the matter, and to take such steps as may be necessary to enforce the immediate re-opening of this right of way to the public use."—A similar resolu- tion was unanimously passed at a public meeting held at the Methodist School, Cogan, on March 14th. The handbill relating to this meeting, which was also industriously distri- buted, was headed :—" Down with Despotism," and invited the working men to come forward and assert their rights On the 18th March a summons was issued against Messrs D. R. Morgan and Robert Harry by Mr Shepton. The action was brought to RECOVER DAMAGES for trespass on the 1st March and to obtain an injunction to prevent further trespass, and the right of the public to the use of it was inves- tigated by Judge Owen on Friday last at Cardiff County Court. Mr J. Sankey (instruc- ted by Messrs Heard and Son) appeared for the plaintiff, and Mr George David represented the defendants. Notwithstanding the Cuban crisis, and the war in the coal trade, it Was quite plain that to the inhabitants of Dinas Powis, the footpath dispute had stedfastly remained the burning question. There was quite a small army of witnesses in attendance, including a large number of old inhabitants, whose ages ranged between 50 and 90; but in compliance with the expressed wish of His Honour Judge Owen, counsel agreed not to call more than 17 witnesses on each side. The ONUS OF SHEWING THEIR RIGHT. to use the pathway being upon the defendants, evidence on their behalf was given first.—Mr John Gratrex, Dinas Powis (a sub-agent to the Courtyrala estate, through which this path runs); Messrs Benjamin Gratrex, Michael- stone Edmund Gratrex, James Gratrex, Thomas Watkins, John John, Jonah Okey, James Morgan, Robert Harry, Dinas Powis; George Hartland, William Tucker, Eastbrook; William Edwards, 9, Glebe-street, Cadoxton John Parker, 1, Glebe-street, Cadoxton John John, farmer, Mertbyr Dovan Richard Francis, Barry; and Mrs Elizabeth Thomas, Cardiff, all emphatically testified to the uninterrupted public use of this path during the last sixty years.—Park&r stated that he occupied Spring: Cottage about 35 years ago. Edmund Gratrex also held it about 26 years ago, and Hartland, rented it and the field in question for six years in succession. Richard Francis, 9, High-street, Barry, had frequently used this path, in com- pany with his father, in going to and from the Llandough Baptist Chapel. While returning from Llandough school be was once pitched off the plank by a mischievous schoolmate (Mr John Gratrex, shipbroker, Cardiff Docks), into the ditch, and his father, being a rather severe man, gave young Francis a fearful hiding, because he came home with his clothes wet through. This and many other lively incidents caused Judge Owen to be in a humorous mood during the greater part of the three houre occupied in the hearing of this case. For the plaintiff, the existence of the PATHWAY WAS DENIED, and flatly contradicted by Mr William Thomas, coal merchant, Dinas Powis, who said he rented Mr hhepton's field for 22 years, and that he plougbed it right to the hedge, Judge Owen remarking it was impossible to plough "right up to a hedge. Mr Sankey desired to know from Mr Robert Harry (one of the defendant's) if it wculd not require an agricultural expert to point out the margin between the furrows and the hedge ? This aroused the ire of Mr Harry, who warmly retorted that any common ploughman could see that there was ample space for a wide path between the hedge and the ploughed part of the field. Mr i>ankey referred to this as an "agl icultural path," but His Honour said he bad never heard that term before. It transpired that Mr Sankey meant to infer it was only for the convenience of certain farmers, who used it on sufferance, and because they had land adjoining.—Edwin Williams, gamekeeper, Courtyrala, said there was no path that way during the last 40 years that he had stopped people on that path. This paradoxical statement brought Mr Geoige David to his ft et to elicit the fact that there was a path there, but that he (Williams) bad, nevertheless, 6tupped people. Judge Owen peremptorily told him that a gamekeeper bad no right to stop them. Williams went on to state that Mr D. R. Morgan (pointing at him in court), with bis gun and dogs, were a nuisance on that land, and that he (Williams) bad stopped him too from going all over the land. His Honour directed Williams to confine himself to the pathway that he bad ONLY TO DEAL WITH THE PATH. William Cloudy and Edward John, who were called by Mr Sankey to give evidence in favour of the plaintiff, both admitted that there was an old path across the fields from the chapel some 50 years ago, and was much used then prior to the new road made through Eastbrook, but that the path came out where Poplar House stands, and not where the spiked gate is erected. Evan John gave evidence against the public right so far back as he could remember, but admitted that the evidence of his elder brother, John John, Merthyr Dovan, who had testified to it being a public right of way, ought to be more valuable than his (Mr Evan John's.) Mr Sankey then called Mr Jeffs, Dinas Powis, to prove that there was no path there, but he would have no "truck" with the plaintiff, and with an oratorical display of his hands assured the court he knew nothing at all about Mr Sbepton's land- (lau gb ter). Judge Owen thereupon directed Mr Sankey to call only witnesses who knew the land. Mr Lattey stated he was stopped 11 or 12 years ago by Mr Hartland from walking ovei that field, but in cross-examination it appeared that he was off the path and trespassing. He also admitted he was in the employment of Mr Shepton. Jacob Ridout said he was stopped by the previous owner (Mr Hornblow) about three years ago, from g..ing that way. Cro"- examined, he said he had used the path occasionally FOR 28 YEARS previous to Mr Hornblow's stopping him, but that he had always thought it was not a "proper" path.—Mr George David suggested that he used it in the manner of a dog with his tnil curled up between his legs sneaki, g along the path, and this again pruvoked much merriment. Mr John Thomas (a member of the Llandaff and Dinas Powis District Council), through whose field the path runs, stated that he had never seen people using the alleged footpath. He had seen people going another way over his field where they were trespassing. In cross- examination, he stated he was on the committee which held the enquiry at Dinas Powis, and had given his evidence against the right (f way. He reluctantly admitted be would rather btop the people going over his land. Mr William Davies said he had been ac- quainted with Dinas Powis since 1874, and that he had LIVED AT SPRING COTTAGE during the last 471 years. He never saw any one going over this path. He bad asked Mr Shepton for permission to use it. Cross- examined by Mr David He is now tenant of Mr Shepton's field, and would rather there was no path through it. Mr Hornblow (who is rather deaf) ran wild in giving bis evidence against the public right, and would brook no interruption from Mr George David, but the latter made one desper ate and mighty attempt to stop him by placing his two half closed fists in front of his mouth, and roaring out to the top of his voice, and to the great amusement of the court, HORN- BLOW; and, sinking down to his seat dis- appointed, exclaimed to his Honour: I won't blow my horn any longer after that. (Laughter.) THE JUDGMENT. His Honour, in giving judgment, said that, in his opinion, a right of way had clearly been made out. They had had 17 witnesses who had spoke to the continuous use of the pathway for the last 60 years.—That was a large body of evidence, against which there was only the testimony of people who had never seen the path used-negative evidence which came to nothing at all. Two interrupted, or attempted interruptions of the public use—one 11 or 12 years ago and the other three years ago-had been proved, but that was not sufficient, once the right of way bad been established, to put an end to that right. Further, the whole of the circumstances supported the contention of the defendants, for whom he gave judgment with costs, on Scale C.

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