Tag Archives: High Court

Mitcham Common news items 1900 to 1909

News items related to Mitcham Common from 1900 to 1909. This is not a complete list, just those news items found so far.

1900
1904
1905
1906
1908
1909

Daily Express, London, Saturday 7 July 1900, page 5

Pity the Poor Pigeons. / Will the House of Lords Do Its Duty?

Mitcham Common was responsible until recently for much cruelty in the name of the noble sport of pigeon shooting, as an “Express” representative found in the course of a short conversation with Mr. Mandeville Phillips, secretary of the Poor Clergy Relief Corporation.

Mr. Phillips discovered that on Mitcham Common a pigeon-shooting club was accustomed to hold its meetings every Sunday afternoon. Large numbers of pigeons were shot, and each separate bird had its tail-feathers pulled out before being put in the trap. “The exhibition was so horrible and revolting,” said Mr. Phillips, “that I determined to make an example of the brutality.

“The following Sunday, in company with an official of the Royal Society for the Prevention of Cruelty to Animals, I went to Mitcham Common again, and we saw the same thing in progress. We got the names and addresses of two of them, and they were brought up before the Mayor of Croydon, and well punished for their cruelty.”

Mr. Phillips spoke of the nauseating spectacles that he had seen at pigeon-shoots around London. “There was one club which used to meet every Saturday afternoon by the Welsh Harp—although I don’t know whether it still meets. As to whether any ‘dodges’ were practised on the birds before being put into the traps, I can’t say; but many of the birds were wounded, without being killed; and the neighbours around were extremely indignant at the whole proceedings: for it was not an uncommon thing for a wounded pigeon to lie on the roof of the Welsh Harp or neighbouring houses and take a day, sometimes two days, to die.”

Need it be added that when Mr. Phillips attempted to make this cruelty public, and also after the Croydon trial, he was threatened with vengeance from the members of the fraternity?

“The difficulty is,” said an official of the R.S.P.C.A., at Jermyn-street, “that the law takes care of domestic animals, and reckons pigeons as wild birds, thereby allowing them no protection. But the Bill which has just passed through the Commons will help us a good deal. It is a Bill which protects birds in captivity, and we shall contend that the fact that a pigeon is put into a trap is sufficient evidence of captivity. It remains to be seen whether the Lords will pass the Bill.

“Although undoubtedly a good deal of cruelty goes on,” he added, “we cannot get many prosecutions, because the difficulty of collecting real substantial evidence is great.

“I know that often the ruffian who puts the bird into the trap squirts some tobacco juice from his mouth into the bird’s eye, the nicotine of which effectually blinds it.”

Croydon Chronicle, Saturday 23 July 1904, page 6

PUBLIC RIGHTS ON MITCHAM COMMON.

The old trouble between the golf club which plays over Mitcham Common and the public, who have indisputable rights, has, says the star to hand, [cropped] up again.

When the Mitcham people sent animals to the common to graze they were prosecuted by the Board of Conservators—a body on which the Mitcham representatives are hopelessly outvoted by the nominees of surrounding parishes—at the instigation of the club, it is alleged. In many cases the Mitchamites were fined, but in the end, says Mr. Mizen, the treasurer of the Board of Conservators, the club was beaten.

Last December the conservators summoned a man for turning a donkey on the common to graze. The defence set up was an undisputed right of grazing, and the Bench found the defendant had set up a bona fide right.

“Since then,” says Mr. Mizen, “no further prosecutions have been instituted, and our rights may therefore be said to have been finally vindicated.”

ALL RESIDENTS MAY PLAY.

But this was not the only bone which Mitcham had to pick with the golf club company. Under the company’s lease, says Mr. Mizen, every resident of Mitcham has the right to play on the links. But the members of the club behave as if they had the sole right to do so.

“If any outsider walks across the links he is coolly told to get out of the way, as he has no right there. A fortnight ago,” continues Mr. Mizen, “an official of the club warned off a gentleman who was playing on the ground. The gentleman refused to go, and there was trouble. The result was that the tournaments fixed for the day were off.”

WARNED OFF

Mr. Mizen even declares that the club has a private detective on the common, whose duty is supposed to be the keeping away of suspicious characters, but who, it is alleged, tries to frighten all and sundry off the course.

Over and beyond this is the danger to the life and limb of the public that is involved in the handing over of the common to a golf club company. This company, according to the treasurer of the Board of Conservators, has an income of £9,000 a year. What right, he asks, has a private company to exploit a public common for the purpose of making large dividends? Public commons should be for the public, and golf clubs should hire private property.

Of course, the people of Mitcham are not going to take this “get-off-the-earth” behaviour lying down. The idea is mooted of an invasion of the course in force.

The Herald, Saturday 2 December 1905

PROTECTING THE COMMON.—At the Croydon County Bench, on Saturday, Harry Scott, 2, Princes-road, Merton-lane, Mitcham, was summoned for that he being an unauthorised person did wilfully and negligently place, throw down and let fall a certain lighted substance likely to cause damage by fire to the furze/gorse and heather upon Mitcham Common. He pleaded guilty.—Mr. Newnham, who prosecuted on behalf of the Conservators, said these cases had of late been very prevalent, but it had been difficult for the Conservators to prove whether the gorse was lit accidentally or intentionally. In this case, however, the defendant was solemnly seen by the Common-keeper, Mr. Best, to put some dead gorse on a bush and deliberately light it. He therefore asked for an exemplary fine.—Mr. Best bore out Mr. Newnham’s statement, and the Bench imposed a fine of 5s. and costs.

The Croydon Guardian and Surrey County Gazette, Saturday 6 October 1906, page 10

MITCHAM COMMON CONSERVATORS.
Chairman’s Impending Resignation.

This body met at the Vestry-hall, Mitcham, on Saturday afternoon, when Alderman F. Foss, J.P., occupied the chair. The other members present were Alderman N. Page, J.P., Alderman D. B. Miller, J.P., Alderman G. J. Allen, J.P., the Rev. R. A. Boyle, Messrs. A. Bendy, G. S. Odling-Smee, E. E. Mizen, A. E. Cubison, J. Millar Wilkinson, […] Mizen, with the Clerk (Mr. Rupert Upton).

FINANCE.
The Clerk reported that the balance was £405 […]s. 1d.
The Chairman said that with regard to the telephone posts, the National Telephone Company had written to them suggesting that they could not pay 10s. per pole, but that they would pay 5s. for each pole of eight circuits. If they added to them they would pay the other 5s. He thought that was a reasonable offer.
The offer was accepted.

FOOTBALL LICENSES.
The Clerk said that the Mitcham Rugby F.C. asked to be allowed to play between the […] House and Bee Hive bridges, and that they should be allowed to play until the end of March, but he thought that it would be rather invidious to make distinctions as the other clubs were only licensed to March 1st.
It was decided to permit play until March 1st, and the question of extending the time would be considered later.
The Mitcham United F.C. were also [licensed].
The Imperial F.C. asked to be allowed to play beside Mitcham United, but the Clerk pointed out that there was not room for two clubs on that part of the common. It was decided to consider the question of allotting a ground to them on another part of the common.
The Tooting Graveney Club asked to be allowed to play on their old pitch on the Marsh. If they could they would pay £5 towards the cost of improving the ground.
The Clerk said that it was only fair to the club to point out that they had played on that ground for a number of years.
The Chairman said that they had decided that that ground should be closed for twelve months.
It was decided to adhere to the original decision.
A Miss Smith wrote asking for permission for the Mitcham Rovers to play on Wednesdays. It was a team composed of Mitcham girls.
The Clerk—I should think that she has got the club up to sell her refreshments. (Laughter.)
Mr. Cubison—A sort of tied club.
The application was granted.
The Windmill C.C. wanted to make sure of their ground, so they had applied for a permit for next season.
It was granted.
The Clerk reported that the Ravensbury F.C. wanted to know whether they could have the ground that was used by St. Mark’s.
The Chairman said that if St. Mark’s agreed all well and good, but it would be subject to their agreeing.

CHAIRMAN’S IMPENDING RESIGNATION.
The Chairman remarked that that would be the last meeting of the Conservators that he would attend. He was going to retire from the Croydon Corporation and they had informed him that they did not intend to re-elect him as a Conservator except on certain conditions, but those conditions he was not prepared to accept.
Replying to Mr. E. E. Mizen, he said that he was speaking seriously.
Mr. Mizen, however, hoped that he would be able to welcome him back at the next meeting.
Mr. Millar Wilkinson did not want to accept the resignation in the perfunctory manner in which the Chairman had put it. The Chairman spoke as if it was an unimportant matter, but he thought it was a very important matter. (Hear, hear.)
The Chairman—It has not come to that yet. When I retire from the Corporation I cannot be a member of the Conservators.

AN UNFOUNDED RUMOUR.
Mr. Millar Wilkinson called attention to a rumour that he had heard. It was to the effect that football had been stopped on Mitcham-common. When he heard of it he gave it an unqualified denial. He thought it was a most foolish statement.
The Chairman said that he could understand what it referred to. It had reference to the fact that Figg’s-marsh was so much worn that play had been stopped for a short period.
Mr. Millar Wilkinson—Not all over the common?
The Chairman—No, we are allowing play on other parts of the common.
Mr. Millar Wilkinson thought it best to [raise / deny] the question.
The Chairman—It is absolutely untrue from beginning to end.
Mr. Millar Wilkinson—Thank you, sir.

MITCHAM FAIR.
The Chairman said that the next matter to be discussed was the question of Mitcham Fair, but as it was a matter of litigation he asked the Press representatives to retire.
The Conservators then went into camera.

Streatham News and Wandsworth Chronicle, Saturday 15 August 1908, page 6

MITCHAM COMMON TROUBLES.

Mr. John Elmer, of Mitcham, was summoned before the county magistrates at Croydon by the Mitcham Common Conservators for, as an unauthorised person, turning out 300 sheep to graze on the common land. Mr. Newnham appeared for the Conservators, and Mr. Cubison, who is himself a Conservator, represented the defendant. Mr. Newnham said the Conservators were determined to have this question settled, and would take it to the High Court, but before he could get the Attorney-General to issue his fiat the case was bound to come before the magistrates. The Bench asked Mr. Cubison whether his position was not an invidious one, seeing that although in a sense he was a prosecutor, he was defending the case. Mr. Cubison did not agree, remarking that these cases were taken out by the chairman and clerk, and he was neither the one nor the other. According to the evidence it was shown that defendant had lived in Mitcham thirty years, and he occupied land there. It was further proved that the sheep belonged to him, and Mr. Cubison said that two years ago a similar case was decided against the Conservators. At that time documents extending down to the fourteenth century were produced showing that the inhabitants had a prescriptive right, based on a Royal grant, to graze their cattle on the common. The magistrates decided that they could not go behind this earlier decision, and dismissed the case. An application for costs was refused. It is understood that the point will be carried to a higher tribunal.

Mitcham Advertiser, Friday 8 October 1909

MITCHAM NOTES. (signed THE COMMONER.)

With the case which the Parish Council deputation wishes to lay before the President of the Board of Agriculture I am not acquainted, but what the Council and their constituents want is some alteration in the constitution of the Board of Conservators and the control of the Common. Under present conditions Mitcham is almost a negligible quantity, and the local representatives can be outvoted at every meeting if their colleagues think it expedient. But it will need a very strong case to induce Lord Carrington to move, and the Council must not forget the powerful interests they have against them.