of the 19th century. An old tradition that its foundations were built with headstones taken from a French cemetery has never been authenticated.

During the year following that of his retirement, Stewart was brought to court by his neighbours on the charge of having stopped up a public road which ran through his property at Mount Stewart. The road in question led from the ferry to the Pisquid settlement road and followed much the same route as does the present main highway through Mount

Stewart South.

The prosecution, led by Mr. Palmer, contended that the road had been a public way during the time of the French and had been used as such until lately, “when it was obstructed by Stewart.” All grants from the Crown, it was affirmed, contained a reservation of any roads “that then existed, or that might afterwards be laid out by competent auth- ority.” In support of this position, Mr. Palmer called a number of wit— nesses the substance of Whose testimony was as follows:

Mr. Allan MacDonald, Maple Hill, stated that the ferry and the road had been in use as far back as he could remember ——- “a space of forty-six years.” He had first observed a gate upon the road where it joined the Pisquid road “when the latter road was made, about 29 years ago.”

Mr. Peter Gallant, eighty years of age, remembered the conquest and that his father had kept the ferry long before that time.

Mr. John Deagle, seventy-eight years old, remembered a road on the south side of the ferry before the conquest. The Pisquid people going to the priest or with funerals had always used the ferry road —— “there was no other.”

Mr. John M’Eachern was well acquainted with the ferry since 1785. “The road now stopped up,” he declared, “was always used in his time — was always in the same direction.” “He added that produce was always brought by that road to be shipped — “it could not be brought any other way.”

Mr. Angus MacDonald, Allisary, affirmed that Mr. Stewart put up gates to keep cattle out of his field.

Mr. Alexander MacDonald, Apple Valley, had lived at Mount Ste- wart for about ten years before Mr. Stewart purchased it. The road went through the farm at that time, and the public continued to use it when the property was purchased by Stewart in 1790.

Mr. John M’Kinnon had known the ferry at Mount Stewart for forty years. The road used to go all the way to Cardigan River but for the last twelve years had stopped at the Pisquid settlement road.

Mr. Lauchlan M’Kinnon had shipped “upwards of forty cargoes” at the ferry, and the produce from the south side always came by the road in question.

Mr. Elisha Coffin had known the road for 55 years and “knew of no place so convenient for the Pisquid people to ship their produce.”

Mr. Allan MacDonald, Allisary, stated that “there was no other road to court, or market or church.” He had conveyed corpses across the ferry himself and had been using the road and loading vessels at the ferry “for the last thirty years.”

_22_

”WNW... . ..