R. B. FINLAY.
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.