it many times, without ever being interrupted. He also drove teams over the road for Mr. Dunn. There were no gates then. He was sure the road had existed as long as he could remember. Mr. Tutt's old house stood at Mount Pleasant where Mr. Wyatt's does now. He never had to ask Mr. Tutt's permission.
James Giles, 79 years of age, had worked on Blacklands' farm for Mrs. Dunn when he was fourteen, and stayed there two years, He knew the road perfectly well. Mrs. Dunn had another farm, near the Hare and Hounds at Ore. Whenever they had occasion to go they went by Ponbay Hill and by Mr. Tutt's and the Fighting Cocks, and were never molested by Mr. Tutt.
Henry Parker, aged 61 could remember the road from the four turning to the Fighting Cocks, when Mr. Edwards occupied Blacklands. He had ridden over it many times in a cart with Mr. Edwards, without any interruption or question.
John Page, age 67, worked at Ore place when he was fourteen. He had also worked at Blacklands. When at each place he had driven teams and cattle over the road without hindrance.
John Shoesmith and Robert Adams (the latter 67) both gave similar evidence.
James Putland, aged 74, was land-surveyor at Ore for years, and did not know of any bars or gates on the road in question till Mr. Wyatt came. He was employed by Mr. Wyatt to grub the hedge on the same side as his house.
John Hall, labourer, aged 67, lived with Mr. James Tutt when he was about 14. He knew that the road from the four turnings to the Fighting Cocks was fenced and open all the way. He saw Mrs. Dunne and other people's teams go up and down it many times - probably as many as forty times.
Mrs. Holmes, sister to Lady Waldegrave, and owner of Skute's Farm remembered the road in question. She used frequently to pass it to her father's house when he was rector of Ore. The road was fenced and without any gate whatever. She never made any application since then to Mr. Wyatt for permission to use the road, but she had not visited it for some years.
Lewis Phillips, tenant of Skute's Farm, had known the disputed road since 1815, and corroborated the evidence of previous witnesses. He had kept a regular account of the number of times they had broken down the gates, and found it to be 136 [tokens of surprise and amusement]. This witness then handed to the opposing Counsel his list of the entries of dates and other particulars of breaking down the gates; and from the rendering of this as well as the peculiar phraseology there used still greater amusement was afforded the court.
