1856, June 14 th Independent
Three men, named Barnaby Higham, John Harrop, and James Shepherd, were charged with wilful damage. It appeared that on the 27th May, the defendants were detected loading a boat on the river Don with soil, cut from the embankment in a field in the township of Denaby, occupied by Mr. John Whitaker, and belonging to J. Fullerton, Esq.
When their operations were stopped, they had excavated the embankment to the extent of 12 yards in length, 2 yards in width, and 12 yards in depth, and put the earth (about 25 tons} into the boat. It was explained by Mr. Shaw, contractor, that there was in the vicinity of the field a sand bed, and it was to this place the men ought to have gone for their sand, hut they had not done so, owing to some mistake …. Higham, the captain of the boat, said he did not know that he was doing wrong; it was only waste land that he had taken away …. Harrop and Shepherd were acting under Higham´s orders.
The Bench ordered Higham to pay £5, the amount at which Mr. Whitaker estimated the damage, and costs, or be imprisoned for two months. Harrop and Shepherd were dismissed on payment of costs.