Report of the first and second trials of the issue in the action of damages at the instance of William Miller; lately tenant of the farms of ... James William Hunter, esq. of Thurston - Brossura
Sinossi
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1865 Excerpt: ...of evidence to deal with. What could the tenant have done, but take the men whom he has brought before you? Mr Hope was not of his selection--the best witness of the county, no doubt;--it was the Court who selected him. He was brought before you rather as a judge than as a witness. He had been appointed by the Court undoubtedly to give information regarding the rules of good husbandry, and it was unjust to say that he had failed to do so after he should be brought as a witness here. He is the lowest of all our witnesses, £1428 being the amount of his valuation. Then, again, there was another argument connected with the last witness--that he did not visit the farm. That was a poor view. But isn't there a witness, Mr Wilson, who went through the fields at that time in reference to the arbitration you heard of? Well, his estimate is £1582. Then there was Mr Smith, a neighbouring party, often on the farm. Mr Smith knew the district well, and he was often at Oldhamstocks village, going to it through Mr Miller's farm. And just think that there were potatoes grown on the neighbouring farm of Palmerton to profit, and there were potatoes on the neighbouring farms of Cocklaw and Branxton, and on Mr Miller's field of Cromwellhall. That is the kind of evidence which is presented in this case for the pursuer. The defender, on the other hand, brought witnesses from Edinburgh, a different kind of district altogether, where much larger quantities of manure are used, and where, as I have explained already, the manure is not only put on to the extent of onehalf more, but they all regarded potatoes as a preparatory crop--not being taken so much for themselves as to make the land fitted for the after-crops. Now, these are considera-Mr Gifford, tions upon which I ask ...
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