482 



THE FARMER'S MAGAZINE. 



subject. No good can come of abusieg the Durham; 

 he will always have his uses, even in the Highlands. 

 Nothing but harm can follow from perpetuating care- 

 less crosses; and nothing should be safer than main- 

 taining, in all their excellence, breeds that have so far 



answered so well, both at home and abroad. A black- 

 faced sheep yet holds his own with tolerable firmness, 

 but his companion on the hill-side has still to do battle 

 for the 'vantage ground. 



IMPORTANT GAME CASE. — THE RABBIT PLAGUE. 



On jThurstlay, November 15, a case of great interest to 

 farmers witli reference to the preservation of game, and the 

 rights of farmers, was heard by Robert Segar, Esq., Q.C., 

 and a jury, at the County Court. The plaintiff was Mr. 

 John Rome, a farmer, of tlie GillibranJe Demesne Farm, 

 near Chorley, and the defendants were the Rev. Henry 

 Sesvell, a'jd Messrs. Thomas Whittle, William Whittle, and 

 James Blackledge. Mr. Samuel Pope, who was instructed 

 by Mr. Jonathan W'ilson, of Chorley, appeared for the 

 plaintiff; and the defendants were represented by Mr. May- 

 hew, of AVigan. The court-house was densely crowded. 



Mr. Pope opened the case, and said that the plaintiff, 

 John P.ome, claimed damages for trespasses and injuries 

 done by the defendants to his farm lands and the growing 

 crops thereon, by having wrongfully overstocked a large 

 quantity of pheasants, rabbits, "etc., on or near the said 

 lands. In 1808, lH.59, and IHOO, the crops were destroyed 

 lo an extent far exceeding .£00; but plaintiff had abandoned 

 all claim to a sum beyond ±'00, in order that the question 

 might be heard in that court. He ("Mr. Pope) would be 

 able to place the matter beyond one of problematical eu- 

 quu-y, by proving that direct trespasses had been committed 

 by the defendants. The present was not a case so much in 

 which the litigants were hostile to each other, as one of 

 those matters which must necessarily arise in such a dis- 

 trict as this is, where sporting was carried on rather keenly. 

 The defendants, it seemed, had the shooting over the farm 

 in question, and in 1807 the game was entirely destroyed ; 

 but after that time, in order to have continued sport, the 

 defendants themselves, or at any rate their gamekeeper for 

 them, purchased large quantities of rabbits, and turned them 

 out on or near the farm, and thus caused the injury to the 

 crops complained of. Othertrespasses had been committed, 

 as, for instance, setting traps, ifcc. The farm contained a 

 number of rats, and, to keep these away, cats were kept by 

 the plaintiff, and several of those cats had been caught in 

 those traps. He would also call witnesses, who had valued 

 the crops, and he would particularly direct the attention of 

 the jury i,o the state of those crops in the years 180s and 

 3809. the greatest damage having been done to them in 

 those years. Comijlaint had been made in both the years 

 named, and the defendants were requested to meet the 

 plamtiff to make a fair valuation of the damage done, but 

 no notice was taken of the application ; they made, it was 

 true, some sort of valuation of their own, but would not 

 come to terms with the plaintiff as to compensation. 



John Rome was called and examined. He said : I am 

 the occupier of the Gilliliraude Demesne farm. I entered 

 it in 1856. Since Mr. Rothwell liad the shooting, the W^hit- 

 ties and Sewell have had it. In 1807 I was troubled with 

 the game to some extent. I first began to find damage from 

 the game in 1808. I spoke to Blackledge about it in that 

 year, about harvest-time, and he said: " You have not had 

 much damage this year, but I will not answer for the next." 

 T have seen all the defendants shooting over the land' in 

 1858 and 1809. [A plan of the farm was here produced.] 

 There was much damage done in the moat meadow in 1858. 

 Messrs. John Howartli and Dickinson valued it. It was 2'^ 

 acres statute. The valuation of the damage was £26 6s. 

 In t8.j9 the game was very heavy. A value of the damage 

 was made by Mr. Rolston and Mr. Smith. I have been in 

 the habit of keeping cats, and have seen defendants on my 

 farms Willi traps in their hands.-His Honour: Which of 

 them? Blackledge— I have lost many cats. I have not 

 suffered so much this year, nor made any valuation of 

 this year s damage. In 1857, when the game was not trou- 

 blesome, the average crop of wheat per acre was 24 bushels, 



but in 1858 it was only 13. The damage to the grass was 

 caused by rabbits. — By Sir. Mayhew: 1 have the lease of 

 the farm: it is dated December 8, 1856, and is between 

 the Rev. R. M. Master and Henry Bullock, Esq., on die one 

 part, and the tenant on the other. It demises the farm, and 

 there is an exception of the full and tree use and enjoy- 

 ment of the stream of water, a right of way, the mines and 

 minerals; and it is then stipulated that the lessors shall 

 make reasonable recompence and satisfaction to John Rome, 

 for any damage done to the premises; but it reserves all 

 game, rabbits, fish, and wildfowl, with free liberty, licence, 

 aud leave to and for the said Rev. R. M. Master and Mr. 

 Bullock, and their gamekeepers, ifcc, to hunt, hawk, course, 

 shoot, fish, and sport in, over, and upon the said demised 

 lands, I knew that the game was reserved to the landlords. 

 JMr. Rothwell had the game until February, 1857. Defend- 

 ants took the game in 1858. Blackledge was the keeper 

 when I entered the farm, and continued to be so for Messrs. 

 Whittle. I did not suffer much damage in 1857: in 1858, 

 however, I suffered greatly, and had a valuation made by 

 Mr. Howarth and Mr. Dickinson. In 1859 I suffered the 

 most, and the principal part of the damage was caused by 

 rabbits. Mr, Dodds is the agent for the estate. I com- 

 plained to him, but he did not tell me then that I might de- 

 stroy them. He told me so afterwards. I first complained to 

 him in April or May, 1859, and he did not, until Midsum- 

 mer, tell me I might kill the rabbits. Even when he told 

 me, I did not. The part of the farm most damaged was 

 the moat meadow for hay and the three lawns. I did not 

 keep an account of the quantity of hay I got from the moat 

 meadow, in 1857, In 1858 it was about 30 tons, but in the 

 following year only 20. These figures are of coin'se only 

 guesses. There was a deal less in 1859 Jhan in 1858. In 

 1809 I sent in a bill to my landlords for the damage I had 

 sustained in the liay, but not for the crops. The traps 

 were not rabbit traps, though they would take either rab- 

 bits, cats, or rats. I complained to the keeper about them. 

 I have not seen any of my cats in the traps. I have seen 

 six or eight cats' skins in Blackledge's yard : two of them 

 were mine. I know that Captain Anderton, an adjacent 

 landowner, preserves his game, and that on other sides of 

 the farm game is preserved, — By Mr. Pope: I sent to Mr. 

 Dodds a statement of the entire damage. — Mr. Mayhew : 

 I object to the production of the paper. — Witness, by Mr. 

 Pope : I complained to Mr, Dodds about the rabbits at the 

 commencement of the season. The first time of my hav- 

 ing killed any rabbits myself was in this year. The reason 

 of my not liaving killed any before was that Blackledge 

 had threatened me. The first time when I was told I 

 might destroy the rabbits was after Mr. Smith had valued 

 the damage. 



John Fowler was then examined. He said : I am a 

 spinner at Chorley. I have sold living rabbits to William 

 Whittle, in 1858, in the beginning of the year. Most of 

 them were with young. There were 16 of them altogether. 

 I got Is. 3d. for those with young, and 4d. each for youog 

 buck rabbits. I sold them to him in his own office. He ob- 

 jected at first to the rabbits, and said he had plenty; but 

 he would buy some bird's eggs. Tlie rabbits were put into 

 a hamper a yard long. — By Mr. Mayhew: I object to say 

 who helped me to take them. — Mr. Mayhew : I shall beg 

 to have an answer to that question. — Hia Honour : It can- 

 not be material.' — Mr. Mayhew : It may affect the credibi- 

 lity of a witness ; but, of course, if your Honour thinks it 

 immaterial, I will not press the question. 



John Dewhurst deposed: I live at Common Bank, and 

 am a labourer with my father, who is a farmer. In 1858 



