44 
NATURE NOTES. 
bog and the bridge over the stream ; and, of course, before so 
much uncertainty had been imported into the matter. 
With reference again to the rifle-range, Mr. Roberts was 
asked during cross-examination whether it was not an unusual 
occurrence for a rifle-range to be alongside a public path, and 
his reply that “ It was the rule rather than the exception ” was 
mistakenly received as a mere exhibition of smartness. To the 
next question, his reply that “ You will generally find a rifle- 
range has a public path running into it at some point or the 
other,” although sounding strangely, can scarcely be contested 
by those who are acquainted with the various rifle-ranges of the 
country. There seemed to be a somewhat unwarrantable idea 
that Mr. Roberts and his witnesses should be regarded as 
“ awkward customers,” whom it was necessary to discredit and 
“ put down.” Indeed, one poor old rustic was so belaboured by 
counsel about the misdoings of a brother who had once oeen 
convicted of poaching, that, although there was not the shadow 
of an insinuation against his own character, he lost his balance, 
gave hesitating and rambling replies, angered the judge thereby, 
and as a consequence of his cross-examination, did more harm 
than good to the case, for like many other of the witnesses, he 
allowed the opposing counsel to cleverly lead him off the disputed 
way and describe as public other paths which were not claimed 
by the defendants. As his lordship remarked, the defendant’s 
case undoubtedly suffered through the multiplicity of the paths 
claimed by the various witnesses. Indeed, no one listening to 
the evidence of these poor old rustics, whom opposing counsel 
had^ little trouble in getting into an inextricable muddle as to 
which was the public path and which was not, and comparing it 
with that of the educated class, which gave firm, compact, and 
corroborative evidence for the other side, could doubt which way 
the judgment would go. 
Considering that the case had been very strongly supported 
locally among the better class of residents, that no less than 
seventeen witnesses, most of them old folks who had lived all 
their lives in the district, came forward to give evidence as to the 
existence and use of the path, and that legal opinion it is to be 
presumed had been taken that the matter was worth fighting, 
it does seem amazing that the case should have so entirely 
fallen to pieces as it did. If, as I have heard it suggested — 
whether rightly or wrongly I know not — it was through lack of 
sufficient funds, another reason is thus formed for the establish- 
ment of a special tribunal for the settlement of rights of way 
cases, where the poor man would not be so handicapped in 
opposing his richer neighbours as is the case at present. 
It may be argued, “ Have you not the Commons Preserva- 
tion Societies, which also deal with footpath questions ? ” Yes, 
certainly, but very few have any idea of the mass of work which 
the executive of these societies has to deal with. Besides, they 
are entirely voluntary institutions, being supported only by the 
