9
GELLATLY AND BORWICK'S CASES.
Mr. HAWKINS : According to that there would have been no cur-
tilage at all.
The ARBITRATOR : No; they would be all unlawful. Digging
the drain was just as lawful as the enclosure. I think I had better rise
now, as it will imprison you too long to finish to-night. We will sit to-
morrow. I should tell you, Mr. Grantham, that, after Mr. Fisher has done,
I am going to hear Mr. Burney, who is the gentleman who is attending very
actively for the commoners' interests, and in Mr. Paul's case we heard him
on their behalf. He gives no evidence, but in argument he speaks to some
purpose, and he will intervene just before Mr. Grantham.
Mr. GRANTHAM : I am somewhat new to these enquiries—I do
not know for what purpose he will speak.
The ARBITRATOR: He will speak as hostilely to Mr. Gellatly as
he possibly can. Mr. Burney has been waiting with great patience and
has all his artillery prepared, and will fire it off upon you ; but if he is as
moderate in point of time, and speaks as much to the purpose as in Paul's
case, he will not delay you much in point of time.
Mr. GRANTHAM : This comes upon one quite by surprise. I had
not the slightest idea that such a claim would be made.
The ARBITRATOR: It has been mentioned once or twice before,
but I daresay you have not been present.
Mr. GRANTHAM : It seems to me this is an enquiry between the
Conservators and Mr. Gellatly, and not in any way between any other
individual commoner. It is very much the same as if there were to be a
third counsel to address you on behalf of the Conservators, and they
represent the commoners.
The ARBITRATOR : This is in its nature rather a general enquiry,
and I am not sorry that some gentlemen should come forward on behalf of
the commoners who are interested as well, and should present their view.
There being no new evidence there will be nothing but some different
presentations of the arguments.
Mr. BURNEY : If I had employed counsel he would have spoken for
three days on the matter here, and I think half-an-hour will suffice for me.
The ARBITRATOR : I am sure you will not speak for three days
or for three hours. I think in Mr. Paul's case you did not speak above a
quarter of an hour. The question of throwing out or not throwing out
this concerns the commoners as well as the Conservators.
Mr. BURNEY : The question is rather of the enjoyment of the land.
When this is thrown open the land will actually belong to the commoners.
The ARBITRATOR: That is what I am saying. There is some
severance, of necessity, although the topics used are exactly the same.