Cambridge Chronicle 27 Apr 1839: Pemberton v Hawes verdict appeal refused
COURT OF EXCHEQUER, APRIL 19, 1839.PEMBERTON, ESQ. V. HAWES
MR. KELLY, on behalf of the defendant, applied to the Court for a rule to shew cause why the verdict which had been given for the plaintiff on the trial of this cause at the last Cambridgeshire assizes, and which negatived the defendant’s plea that the river between the Mills at Cambridge and Grantchester was a navigable river, should not be set aside and a new trial had. The application was made by Mr. Kelly on the ground that the verdict was against the weight of evidence, but the Court after hearing the arguments of Mr. Kelly unanimously refused to grant the rule. It appeared from what took place during the hearing that the Chief Justice (Tindal,) before whom the last cause was tried was perfectly satisfied with the verdict. Thus after two lengthened trials it is now clearly established that the public have no right to use that portion of the river Cam or Grant, which divides the two parishes of Trumpington and Grantchester. The last verdict given in favour of Colonel Pemberton renders the defendant liable to all the costs of both actions.