gates. Some posts and chains were next put up, and pulled down and a warfare of this kind was carried on for some time; in fact, as many as 130 times were the gates put up and pulled down again, until defendant agreed to let them use the road again. Obstructions, however, were repeatedly offered, and thus matters went on until 1854, when the annoyances had become so vexatious as to be unbearable. An action was brought against defendant and tried in this court in 1856. When it came on, the learned judge saw the nature of the case, and suggested that an arbitrator should be appointed. This was done; but defendant then refused to abide by the decision or to pay the costs; and it was not until the matter had been again brought before the court and an attachment brought against him that, under fear of imprisonment, he conceded to Mr. Webb, the plaintiff in action, a right of way. Every possible impediment was still placed in the way. The learned gentleman then had a number of letters which had passed between the solicitors, showing the forbearance of the plaintiff in bringing the action, the dates commencing Aug. 11th 1858, and terminating 29th of December, but to which no answers, except in one instance had been returned. After commenting upon the want of dependence on Mr. Wyatt, Mr. Lush said that as the road was still obstructed, they had been compelled to bring five separate actions in order to enforce their right. He then called
Mr. Alexander Thomson, a farmer at Ore, and formerly bailiff to Sir Howard Elphinstone. He knew Blacklands Farm in 1825, when Richd. Edwards was tenant. He was succeeded by Richd. Chandler and afterwards by William Ransom. He also knew Mount Pleasant. The present house had been erected by him. There was a road by the "four turnings" leading up to the Barrack Ground and the mills by the "Fortune of War". It was a public road from Hastings to Ore. That road went in front of Mount Pleasant between two hedges. The right-hand road (on plan) was a carriage road to the Rectory and Skute's Farm, and then became a bridle road. It went into another "tenant" or "occupation" road, leading into the London road. The other road to the left, went to the Kite's Nest and Hole Farms, and the south road led to Hastings. The difference [by the Old London Road] was about a mile, but would be three times more work for the horses, on account of the long hill, and there was no other way of getting to Halton. The tenants of Blacklands Farm always used the disputed road - certainly for 33 years till Mr. Wyatt came. Mr. Thomson then described the negotiations and contentions with Mr Wyatt, and on one occasion when he asked him why he objected to Lady Elphinstone's men going through, he said he had been advised to do so, and would be glad for her to try the case, as he wanted it tried by someone -
