Fire at Cumberlow Green
A fire broke out at Cumberlow Green Farm on Thursday morning in last week.
Shortly before 6 a.m. a man noticed flames coming from a large thatched barn. The Baldock Fire Brigade was summoned, and were soon pumping water from a pond opposite.
The Brigade saved the barn, but "stood by" until late in the afternoon.
Mr Borlase, the owner, was away from home.
[Note from Alison - This is one of the farmers involved in the court case reported in this issue.]
Buntingford Farmers' Dispute
Action at Hertford Assizes
Farmer Swoons in the Witness Box
An action was brought before the Lord Chief Justice of England, Baron Hewart, at the Herts. Assizes, at the Shire Hall, Hertford, on Tuesday, June 22nd, by Mr George Borlase, of Cumberlow Green Farm, Rushden, near Buntingford, to recover damages against Mr William J. Williams, of Ashdown Farm, Hare Street, Buntingford, for wrongfully detaining a thrashing machine lent to him in May, 1924, and not returned until July, 1925. Mr Lilley appeared for the plaintiff, and Mr Grafton Prior for the defendant.
Counsel for the plaintiff stated in opening the case that the parties were farmers and friends, and in May 1924, the defendant asked paintiff to lend him his thrashing machine to do a few days' thrashing. It was lent with the intimation that the plaintiff, who had then finished thrashing, would required to have it back again by the following harvest.
That thrashing machine was not returned until July 1925, three or four months after the issue of the wrist in these proceedings. Meanwhile the defendant had made use of the thrashing machine himself and had also hired it out to neighbouring farmers.
Those the defendant's books which the plaintiff had been able to inspect - not all of them - clearly disclused the fact that the defendant had let the machine out on hire to no less than 31 farms. Part of the damages would there be to take account of the profit which the defendant made by the use of the plaintiff's machine.
The damages were placed under the following four heads:
(1) The cost of hiring a thrashing machine to thrash his own corn after the harvest of 1924, £60;
(2) depreciation of the value of the machine and cost of alterations and repairs, £60;
(3) loss by damage to corn which sprouted owing to the fact that the plaintiff was unable to get another machine, £82;
(4) profits obtained by the defendant from letting the machine out on hire to other farmers, £100.
The Judge: What does a new machine of this kind cost?
Counsel: About £300.
Your are not asking for a new machine? - No.
Continuing, counsel said that before the plaintiff and the defendant came to Hertfordshire they were neighbours in Cornwall, and were very friendly. They used to buy stock from one another, and there was an account between them. At the time this machine was borrowed the plaintiff owed the defendant £100, and that was to be set off against his claim.
When the plaintiff in August, 1924, asked for the return of the machine the defendant promised to do so, but failed to keep his promise. He afterwards applied several times, but the machine was not returned. In March, 1925, litigation was commenced, and in July, 1925, the machine was returned.
The plaintiff gave evidence in support of counsel's statement. In cross-examination he denited that the defendant ever pressed him for a settlement of their accounts. In consequence of not getting back his machine he had to hire another one from a Mr Stick. Asked if the defendant had ever pressed him to pay his account, plaintiff replied: "Oh, no never. He simply said, 'Oh, go on boy; that's all right'."
Didn't you really let him have the machine because you owed him this money? - No, but when my men took the machine to him he said to them "It shall never go back any more."
The Judge: Don't you think that showed that you let him have the machine because you owed him £100? - No.
Counsel for defendant: Do you know your own machine? - What do you take me for? What a silly question to ask. (Laughter).
Mr Harry Goode, agricultural engineer, of Royston, was called to state that his charge for repairing the machine after it was returned was £55. In cross-examination the Judge elicited the fact that this witness sold the machine to the plaintiff in September, 1923, for £120, and it was then 22 years old.
Mr Thomas John Stick, farmer, and agricultural machinist, Mr John Henley, foreman to the plaintiff, and Mr William Aldridge, formerly in the defendant's employ, also gave evidence.
Mr Prior for the defence, said that he admitted having the thrashing machine and using it, but that he was always prepared to pay for it if the plaintiff would only come to an arrangement to settle the outstanding account.
The defendant (Mr Williams) stated that at the time he borrowed the machine the plaintiff (Mr Borlase) owed him £183 for cows, bulls, and other stock, and he still owed it to him. He had never paid a penny on account. Nothing whatever was said as to terms when he borrowed the thrashing machine, neither as to paying for it or as to how long he was to keep it.
Were you to pay him anything for the use of the machine? - No mention was made about paying anything.
It was pointed out to him that in the correspondence at first they were very friendly and addressed each other as "Dear George" and "Dear Will," but afterwards Mr Williams altered his attitude - Yes, replied defendant, when Mr Borlase sent me several nasty letters I said I would not have anything more to do with him, and asked him to pay me what he owed me.
What damage has Mr Borlase suffered by your retaining his machine? - None. I have had damage through not being paid for my bulls and cows that he has had since 1923.
Mr Williams was then cross-examined as to the documents he had been asked to produce, and why he had suppressed some that were material to the case, and he replied that he did not think they were material.
The Lord Chief Justice then sternly remarked: Do you know that nothing is so prejudicial to your case in these courts as the suppression of documents?
Mr Williams faltered, and fell head-long out of the witness-box on the floorof the court with a heavy thud. His wife, who was in the gallery, and the police ran to his assistance, whilst the hall-keeper hurriedly fetched a glass of water. The defendant soon recovered, and was able to say "I felt giddy," but he looked very much shaken, and no further questions were asked of him by the plaintiff's counsel.
Evidence was given by Mr Grigg, of Cockhampstead Farm, Braughing, Mr Fred Dowton, of Cottered, and others for the defence.
His Lordship said that in his opinion the plaintiff was clearly entitled to succeed, and he awarded him £81 14s. 9d. after deducting the £100 owing to the defendant, the defendant to pay costs.
(From the Herts. Mercury).
Rural District Council
A meeting of the Rural District Council followed, Captain H.H. Williams presiding.
SURVEYOR'S REPORT
The Surveyoer presented his report as follows:
ISOLATION HOSPITAL
No cases of infectious disease have been notified during the month, and the hospital remains close.
WATERWORKS
The consumption of water during the past month has been:
1st week 241,000 gallons.
2nd week 237,000 gallons.
3rd week 247,000 gallons.
4th week 249,000 gallons.
The water level remains stationary at 43 feet, being one foot higher than at April last.
A further supply of paraffin is required.
PETROLEUM LICENCES
Charles Borlace, of Cumberlow Green, and Walter North of Buntingford, make application for licences to store petrol The storage is quite satisfactory and the licences are recommended to be granted.
HOUSING
Mr A.E. Woodford Ward, of H.M. Office of Works, came down on Tuesday last and visited various building sites. He inspected the whole of the works to which the accounts relate, and was supplied with full details and receipts for all the works as executed.
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The licences were granted.
The Clerk stated that it was proposed to amalgamate the Buntingford Rural District Council to Royston Urban Council and the Ashwell Rural District Council for the purpose of rating assessments. There would be a committee of 15.
TENDERS
Tenders were received for scavenging, team labour and material, the following being accepted:
Scavenging - Mr C.H. Poulton, 11/- per day.
Team Labour - Mr E.J. Crane, 9/6 per day.
Supply of Road Material - Mr Brazier, 11/- per yard and Mr C.H. Poulton, 10/6 per yard.
ELECTRIC SUPPLY COMPANY
A letter was read from the North Metropolitan Electric Supply Company asking for permission to place a post on the Council's property at the waterworks. This was granted.
ROADS
The Clerk stated that the County Council were considering the question of taking over the roads which at present came under the local Council. Captain Morris said it would be a good thing if the County Council took them all over, and the Surveyor was instructed to submit plans of the roads in question.
COUNTY COUNCIL SUPERANNUATION SCHEME
The Clerk read a communication from the County Council with reference to the proposed superannuation scheme.
The Chairman said it only affected 3 of the Council's officials and he thought it would be best to get their views on the matter.
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The Chairman of the Council (Mr Claud Fraser) who was absent on account of illness, was elected to serve on the Council of the County Playing Fields Association.
Cumberlow Green
Funeral of Mrs Borlase
The funeral of Mrs Borlase, whose death we announced last week, took place at Rushden Church on Sunday afternoon last, the service being conducted by the Rev. E.F. Circuit.
The immediate mourners were: Mr G. Borlase (husband), Messrs Sydney and Bert Borlase (sons), and Mr Paul (brother).
Amongst those present were: Mr Holmes (Letchworth), Mr F. Radford (Bassingbourn), Mr E.J. Marshall, Mr and Mrs Bowman (Baldock), Mr and Mrs T. Bennett, Mrs Chalmers, Mr Griggs, Messrs W. Robinson, E. Marshall, L. Cannon, G. Cannon, T.J. Stick, P. Dudley, P. Hamilton, G. Scarborough Taylor, T. Kingsley, G.H. Maughan, B.E. Thody, J. Coleman, C.S. Knowles, W. French, N.J. Treise, O.F. Austin, P. Sergt. Dean and P.C. Ives.
Mr Borlase is a Cornishman, and before coming to live at Cumberlow Green, farmed extensively at Trelissick, St. Ewe, Cornwall.
[Transcriber note - In the first two reports of her death the surname is spelled "Borlace". I've kept both spellings in the tags.]
Cumberlow Green
Death of Mrs Borlace
We regret to record the death of Mrs Elizabeth Borlace, wife of Mr George Borlace, the well-known farmer, of Cumberlow Green, Buntingford, Herts.
The deceased lady, who was 45 years of age, has been ill for some considerab;e time, and bore her painful illness with much patience. She received every care and attention from members of her family. Her end came on Thursday (yesterday) evening.
Much sympathy is extended to the bereaved husband, two grown up sons and three daughters in their great loss.
Death
Borlace - On Thursday, January 19th, at Cumberlow Green, Elizabeth Andrew, beloved wife of George Borlace, formerly of Trelissick, St Ewe, Cornwall. Funeral at Rushden on Sunday at 2.30 p.m.
Report of funeral (surname spelt as Borlase).