York Herald – Saturday 01 April 1893
The Ground Game Act
Important To Sportsmen
At the West Riding Court at Pontefract on Saturday, before Mr. W. F. Tempest, Mr. R. Moxon, Dr. Kemp, Mr. P. S. Neville, and Mr. B. Hartley, an important case of landlord and tenant and the sporting element was heard.
Frederick Heptinstall, butcher, Great Houghton; Philip Heptinstall, butcher, Larfielld; Walter Wales, innkeeper, Elsecar; and Chris Beetham, Hemsworth, were charged with game trespass on the 6th instant at Kinsley Hemsworth, near Pontefract; and Robert Liversidge, a farmer occupying 400 acres of land at Kinsley Hemsworth, under the Hon. C. Fitzwilliam, was charged with aiding and abetting the above four defendants. Mr. Kalberry, Pontefract, appeared to prosecute on behalf of Mrs. E. E. Leatham, of Wentbridge, near Pontefract; Mr. Wilson, Sheffield, appeared to defend the first four defendants; and Mr. J. Scholefield, of Pontefract, represented the latter defendant. The Court was crowded, and the case, which lasted several hours, excited great interest in the district. The evidence was as follows:—
John Whiteoak said he was gamekeeper for Mrs. Leatham, of Wentbridge, near Pontefract. On the 6th inst. he saw Mr. Liversidge and the other four defendants with dogs on land where game was preserved for Mrs. E. Leatham, of Wentbridge. Witness asked Frederick Heptinstall what he was doing on the land, and he replied that Mr. Liversidge had invited both himself and friends for a day’s shooting. When he spoke to the defendants Mr. Liversidge was seated in a trap, and used very strong terms against him and even threatened him. The defendants had several greyhound dogs and a fox hound with them.
Benjamin Benson, a witness, said he saw a hare start up in the field and the dogs follow it.
Major D. Brigneman Simpson, of Wentbridge, the agent for Earl Fitzwilliam, of Wentworth House, stated that the defendant Liversidge had occupied the farm in question at Hemsworth for over nine years. He (Major Simpson) had given sanction in writing to the late Mr. E. E. Leatham, through Earl Fitzwilliam, to take game on the farm occupied by Mr. Liversidge, and since that gentleman’s death he had verbally given permission to Mrs. Leatham to continue the right held by her late husband.
Mr. J. Scholefield held his client had a perfect right to take ground game on his farm under the Ground Game Act, and that the landlord could only preserve the right to give authority to any person to take winged game.
Mr. Wilson (Sheffield), on behalf of his four clients, said if the Bench ruled against him that the four defendants could not be invited by a tenant to have a day’s coursing of ground game, there would be a revolution in sporting throughout the country. He held and quoted several sections of the Act to show his clients were justified in accepting the invitation of the tenant of the farm. Mr. Liversidge, and Earl Fitzwilliam and no other landlord had power to prevent it. Mr. Scholefield said if the case went against his client an appeal would be made to the Queen’s Bench. He held that his client had no understanding in taking the farm to preserve hares and rabbits.
The Bench, however, decided to convict, and all the defendants were fined 10s. 10d. each including costs.
A charge of trespass preferred against John Whiteoak, the gamekeeper in the above case, by Robert Liversidge, was withdrawn.