Chapter C: Gurdon

R. B. FINLAY.

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1904. A. No. 335.

In the High Court of Justice. CHANCERY DIVISION, MR. JUSTICE FARWELL.

BETWEEN HIS MAJESTY’S ATTORNEY-GENERAL at and by the relation of FRANK TUCKER, THOMAS MERCHANT, THE RIGHT HONOURABLE GEORGE JOHN SHAW LEFEVRE, SIR JOHN TOMLINSON BRUNNER, Bart., and WILLIAM MATTHEW FLINDERS PETRIE and the said FRANK TUCKER, THOMAS MERCHANT, THE RIGHT HONOURABLE GEORGE JOHN SHAW LEFEVRE, SIR JOHN TOMLINSON BRUNNER, Bart., and WILLIAM MATTHEW FLINDERS PETRIE . . . _Plaintiffs_

AND

SIR EDMUND ANTROBUS, Bart. . . . _Defendant_.

DEFENCE.

1. As to paragraph 1 of the Statement of Claim it is not admitted that Stonehenge was made or ever used for such purposes as in the said paragraph mentioned or any of them or for any public purpose. Stonehenge is and has been from time immemorial and in fact at all times private property and not national or public property and resort thereto by the public has always been by permission of the owner of the land and not as of right.

2. As to paragraph 2 the principal part of Stonehenge lies in an angle between and near to two public roads leading from Amesbury to Shrewton and to Winterbourne Stoke respectively. A public way or track leading from Netheravon to Lake crosses these two roads and also crosses part of Stonehenge but except the right to use this way or track (which is outside the fence erected by the Defendant and has not been in any way obstructed by him) there never has been any access for the public to Stonehenge otherwise than by permission of the owner of the land on which it is situate. The alleged road running up to and through Stonehenge the sites of which are purported to be shown on the plan annexed to the Statement of Claim and are thereon coloured green (except the way or track from Netheravon to Lake aforesaid) do not exist either in law or in fact and never have existed.

3. Paragraph 3 of the Statement of Claim is denied except as to the way or track from Netheravon to Lake aforesaid.

4. Paragraph 4 is altogether denied. Stonehenge is not and never was subject to any trust for user or access by the public or to any public trust.

5. As to paragraphs 5 and 6 the Defendant has for the better preservation of Stonehenge erected and maintains a fence round the land lying within the triangle formed by the said two public roads and the way or track from Netheravon to Lake not obstructing or interfering with any public right of way. Save as aforesaid paragraphs 5 and 6 of the Statement of Claim are denied.

F. VAUGHAN HAWKINS.

Delivered the 27th day of April 1904 by FARRER & Co. of 66 Lincoln’s Inn Fields in the County of Middlesex Solicitors for the Defendant.

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This case commenced in the High Court of Justice, Chancery Division, on Tuesday, March 28th, and continued on the 29th and 30th. Again on the 4th, 5th, 6th, and 11th and 12th of April. Mr. Justice Farwell delivered his considered judgment on the 19th, concluding as follows:—

“I hold, therefore, that the access to the circle was incident only to the permission to visit and inspect the stones, and was, therefore, permissive only, and, further that the tracks to the circle are not thoroughfares, but lead only to the circle, where the public have no right without permission, and, therefore, are not public ways. The action accordingly fails, and ought never to have been brought. It is plain that the vicinity of the camp and the consequent increase of visitors compelled the defendant to protect the stones if they were to be preserved; and he has done nothing more than is necessary for such protection. I desire to give the relators credit for wishing only to preserve this unique relic of a former age for the benefit of the public, but I fail to appreciate their method of attaining this. The first claim to dispossess the defendant of his property is simply extravagant, so much so that, although not technically abandoned, no serious argument was addressed to me in support of it. The rest of the claim—for rights of way over the network of tracks shown on the plaintiffs’ plan—if successful would defeat the relators’ object. If these ways were left unfenced and heavy traffic passed through the circle, there would be great risk of injury, and even without such traffic there is great risk from the increased numbers of passers-by. As Sir Norman Lockyer (whose interesting application of the Orientation theory to Stonehenge has recently appeared) says in one of his articles:—‘The real destructive agent has been man himself—savages could not have played more havoc with the monument than the English who have visited it at different times for different purposes.’ I feel no confidence that the majority of tourists have improved, nay, rather,—‘Aetas parentum, pejor avis, tulit Nos nequiores.’ It is only fair to the defendant to say that he is not acting capriciously but on expert advice for the preservation of the stones. If, on the other hand, the roads are all fenced off, the general appearance would be ruined, and no human being would be in any way the better. It is not immaterial to remark that this is not the action of the District or the County Council to preserve rights of way, but is brought on the relation of strangers on the score of the public interest in Stonehenge. The action is dismissed with costs.”

Mr. Warmington:—“My Lord, there is only one matter with regard to costs I think, and that is the question of the Commission. {52} My Lord, those were reserved, and they will be costs in the action.”

Mr. Justice Farwell:—“Yes. I may say this—it sometimes saves trouble, and it is not unusual, I have done it before, and I think I may say it now—that this is a case in which the taxing master should allow three counsel.”

Mr. Warmington:—“If your Lordship pleases. I was instructed to apply; but according to the practice it is done after taxation.”

Mr. Justice Farwell:—“I know it is. But I have done it before. You see the matter is now fresh in my recollection, and a summons to vary might come before other Judges.”

Mr. Warmington:—“If your Lordship pleases.”

HOTELS AT SALISBURY.

THE WHITE HART (_near the Cathedral_).

Carriages and horses for Stonehenge, Wilton, and the New Forest may be had.

PRICES FOR STONEHENGE, &C.—The complete drive _viâ_ Amesbury to Stonehenge and back by Lake House and the Valley.

_£_ _s._ _d._ One horse carriage, for 2 persons 0 13 0 ,, ,, ,, ,, 3 ,, 0 18 0 Two ,, ,, 2 ,, 1 1 0 „ „ „ „ 3 „ 1 5 0 „ „ „ „ 4 „ 1 10 0

These prices include the driver and waiting, baiting, &c.

TARIFF OF PRICES: Per day. _s._ _d._ Sitting-rooms from 5 0 Bedrooms from 2 6 Per head. Plain breakfast 2 0 Breakfast with chop or steak 2 6 ,, fish, ham and eggs 3 0 LUNCHEONS: Bread and cheese 0 9 Sandwich 1 0 Light soups 1 0 Cold meat 2 6 DINNERS: Soup and chop, vegetables, and cheese 3 6 With either soup or fish and entrée 4 0 Ditto with sweets 4 6 TEAS: Plain 1 6 With eggs 2 0 Single cup of tea 0 6 Servants’ board, 5_s._ per day.

Gentlemen’s coffee-room, ladies’ drawing-room, smoking and billiard-room.

Visitors are requested, if possible, to write to the Manager for accommodation.

Table d’Hôte, Breakfasts, 3_s._; Luncheons, 2_s._ 6_d._; Dinners, 5_s._ These meals run for two hours, and are served at separate tables.

CATHEDRAL HOTEL.

Per day. Bedrooms from 2 6 Sitting-rooms 3 6 BREAKFASTS OR TEAS: Per head. Plain 1 3 With eggs 1 6 With meat or fish 2 6 DINNERS: From 3_s._ per head. Cold baths 0 6 Hot 1 0 Servants’ board, 5_s._ per day.

Carriages with experienced drivers for Stonehenge and other places of interest.

RED LION HOTEL, SALISBURY. (_Headquarters of the Cyclists’ Touring Club_.)

APARTMENTS: s. d. Bedrooms per day 2 6 Double bedroom 4 0 Baths in bathroom 1 0 Baths in bedroom 0 6 BREAKFAST: Per head. Plain 1 3 With eggs 1 9 With fish, steak, ham and eggs 2 6 LUNCHEONS: Soup 1 0 Sandwiches 0 6 Cold joint, cheese and salad 2 0 Ditto, sweets 2 6 Chop and vegetables 2 0 DINNERS: Joint and vegetable 2 6 Ditto, with sweets 3 0 Ditto, soup or fish, joint, and sweets 3 6 TEAS: Cup of tea or coffee 0 6 Teas with eggs, &c. same as breakfast. Servants’ board per day, 5s. Bedroom, 1_s._ 6_d._

Excellent Chemists: Messrs. Read & Orchard, Market Place, Salisbury.

Sly, Watch-maker, Market Place.

Good Booksellers: Brown, Canal, & Simmonds, High Street.

Messrs. Pinckney, Bankers, Market Place.

AMESBURY.

“Queensberry House”—Boarding House, Tea and Luncheon F. Tucker. Room “Ivy Dene”—Private Hotel A. Fleming. “The Phœnix”—Temperance House E. Cockle. Drapery and Millinery F. Tucker. Drapery and Fancy Bazaar B. Hale.

THE GEORGE INN.

Good flys, one and two horses, can be procured here, also bedrooms and sitting-rooms, luncheons, and dinners, and teas.

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PRINTED BY WILLIAM CLOWES AND SONS, LTD., LONDON AND BECCLES.

FOOTNOTES.

{10} Aurelius Ambrosius succeeded to the kingdom of Britain on the death of Vortigern in the year 465; he was of Roman extraction, though educated in Britain.

{18} The Avon is the beloved haunt of thousands of wild duck, many herons, kingfishers, &c.

{24} Trilithon, a monument (or part of a monument) consisting of three large stones.

{43} “Nature,” vol. 64, p. 602.

{52} This refers to the Committee of the County Council appointed to hear the complaint against the enclosure of Stonehenge, and it met early in 1902.