who had got plenty of money. [Laughter]
Mr. Murdock took Blacklands in November, 1847, and had resided there up to that [the trial] time. He at first used the disputed road without obstruction. Afterwards there were locked gates, and some of the tenants went and knocked them down and passed along with their teams. The gates were put up again and again knocked down several times until the action arose. He never asked Mr. Wyatt to let him use the road.
Mr. Thomson, in being cross examined, said, Murdock and himself went up and removed the obstructions and drove along the road. Defendant asked by whose authority they were there, and was told, on behalf of the various farms. He should not wonder if Mr. Wyatt said there was no right of road there. He was not the leader in these actions, nor had he subscribed anything towards them. What he did was with his employer's orders. They had had altercations at parish meetings, and he might have pulled off his coat and threatened to fight defendant, who was, himself a great fighter [Laughter]. The gates and posts were pulled down before the altercations took place. It was a regular thing for Murdock's Webb's and Denne's teams to pass the road before the obstruction; and whenever he wanted to pass with his own team he did so.
Charles Tutt, said his father was the owner of Mount-Pleasant farm before it was sold to Mr. Wyatt. His grandfather lived at the farm-house, and he [the witness] was born there. He lived at the house for 4 years, and afterwards at the "Fighting Cocks". The road was an open one. His father never offered obstruction, and he did not think his grandfather did. It was a fenced road from the four turnings up to the Fighting Cocks. The tenants of Blacklands farm used the road regularly. His father and the other farmers repaired the road between them.
Henry Fitzell, a labourer, used to work for Mr. Tutt, when he was about 12 years old, and he was now 60. He also worked for 5 or 6 years on the Blackland's farm, in Mr. Edwards's time, and Mr. Chandler's. He drove those two farmers' teams along that fenced road two or three times a week, when there were no gates or obstructions. He was never stopped, nor did he ever see anyone else. The others farmers used the road, and as it led into the turnpike [from Halton] they sometimes went through it to Rye. He often met Mr. Tutt, who never told him he must not go that way.
John Parker was in Mr. Tutt's employ for about 7 years - now about 40 years ago. The farmers always used the road, and Mr. Tutt never objected. He himself had assisted in breaking down Mr. Wyatt's obstructions. He never knew of any gates there till Mr. Wyatt came.
John Beany, labourer, was 79 years old, and used to work on the Hole Farm when he was about 12 years of age, and continued for ten or a dozen years. He new(sic) the road to the Fighting Cocks very well, and had driven a team over -
