Cambridge Independent Press 1 Dec 1860: wilful sinking of H W Pemberton's pleasure boat
TRUMPINGTON TRESPASS. — Henry Elliot Fox, and John Houghton Swainson, Esqrs., two undergraduates of Trinity College, were charged with wilfully sinking a pleasure boat on the River Grant, belonging to H.W. Pemberton, Esq., of Trumpington, on the 9th inst. — Mr. SANDERS, in the absence of C. Francis, Esq., a solicitor, appeared for the prosecution, and stated that the Trustees of the late Colonel Pemberton had some years ago, by civil action, established a private right to the river, from the Old Ladder to Paradise, and to protect that right, had fixed a chain across the river at the former place. The defendants had trespassed beyond that chain in a boat, and had been applied to by Mr. Francis to give a public apology, similar to that given on many former occasions, but they declined to do so, hence these proceedings. From the evidence of Mr. Pemberton’s gamekeeper, it appeared that he saw the gentlemen in a boat beyond the chain, which separated the private water from the water surrounding Sheep’s Green. The defendants in fact were upon Mr. Pemberton’s private property. Near to the gamekeeper’s lodge was a boat, fastened with a chain and lock to the bank on the Trumpington side. The boat had a little water in it. Between three and four o’clock, the gamekeeper observed two gentlemen on the boat. They had a pleasure boat with them, which was resting partly upon Mr. Pemberton’s boat. The gamekeeper noticed the gentlemen pressing upon his master’s boat, and labouring to get it filled with water, and in the course of a short time the boat was full of water. The gentlemen, upon being asked, declined at first, but afterwards gave their names to the gamekeeper, who refused to let them go, because he entertained a doubt whether they had given him their correct names or not. They offered money, which was declined, but eventually the gamekeeper permitted them to go. Mr. Pemberton’s boat sank, and three men were engaged to get it up again, and the damage was estimated at 5s. The defence was that the defendants were simply emptying their own boat, and that they had no intention to commit a trespass. The declined to make a public apology, because they did not consider they had committed a trespass. — The BENCH inflicted the damage, 5s., and costs. — Mr. WALE observing that he could see no objection to a public apology.