10
Mr. GRANTHAM : I see what is mentioned here. You say: "I
"will deal with you as I did in the last group of cases—I think they were
"Paul's cases—I heard no evidence on your part." I understand you took
out a summons for witnesses—I assumed that meant something like Mr.
Borwick's case.
The ARBITRATOR: That was an irregularity, no doubt. The
summons was cancelled because it was not intended that Mr. Burney should
give any evidence at all. It is an argument presented purely from the
commoner point of view.
Mr. GRANTHAM ; Mr. Fisher will conclude his speech to-morrow,
and then Mr. Burney will have Ms shot.
The ARBITRATOR : Yes.
************
The ARBITRATOR : Mr. Hawkins, I do not think there is any
necessity for you to reply in this case. I have heard a very good argument.
I am very much obliged to Mr. Fisher, and it will be very useful to me.
Now Mr. Burney will let us hear what he has to say.
Mr. BURNEY : Sir, in rising I have to thank you very much for the
kind remarks you made last evening; they will inspire me with nerve to
speak before these professional gladiators. I hope, any little breach of
etiquette I may have been guilty of in being so bold as to appear by myself
will be overlooked, considering the cause I have to serve.
Sir, the case of Mr. Gellatly is brought before you as au exceptional
case. I must say that I considered, and I have always considered it, as
in the highest degree exceptional, as in point of fact Mr. Gellatly's is
almost the one exceptional case; and if I should say that additions were
made to Mr. Gellatly's house with the endeavour to get more curtilage on
that account, I think, that of itself would prove it to be a case of very
exceptional character.
Now, as regards their whole case, I do not think they are happy in it,
for this reason: Mr. Gellatly's enclosures in particular were made in the
very teeth of this agitation, which I have before referred to, and which you
are doubtless well aware of; and this agitation was of so vigorous a
character that there could not be a man or woman—I was going to say
man, woman, or child—in that district who was not aware of it, and well
acquainted with it, and anyone who did not see it, did not notice it, and did
not observe it, must have obstinately shut both his eyes and ears to the fact.
Now it has been said that the principle of intercommoning was not known
until recently. Now, I beg to tell you, and it is a fact which can be
easily ascertained, that this principle was perfectly well known at the time
of the making of the Eastern Counties Railway. I remember that perfectly
well; and although there was no agitation at that time, or until many
years afterwards, still the very first outcome of this agitation was a
statement of the fact that the Great Eastern Railway Company had
recognised this principle, and had paid £500 into Court in the names of
Alderman Finnis and other gentlemen, which I was the means of saving to
the City in their first scheme, by reminding them that there was this sum
paid in for that purpose, and which they ultimately included in their