470 
V KTKKINAltV JC K ISPRUDKNC E . 
there are instances where a person who has received notice to appear before 
the stewards fails to do so, that the inquiry was adjourned to some other day 
I did not see Mr Gurney on the Wednesday or Tuesday. Colonel Anson 
was the person who received the guarantee. Mr. Beale, Mr. Clarke, and 
Mr. Portman were present at the time; other persons besides me, who were 
losers to Mr. Gurney, were present. I refused to pay the bet which I lost to 
Mr. Gurney until a guarantee was given that he would pay 20s. in the pound 
on his own losses. The guarantee was given to Colonel Anson, or rather it 
was handed by Mr. Payne to him. 
Re-examined by the Solicitor General. — Mr. Payne is a member of the 
Jockey Club, and was one of the creditors of Mr. Gurney, and was interested 
in the settlement of the account. There were various persons present to 
whom Gurney lost money. 
The jury were here permitted to retire for some time. On their return to 
court. 
Lord Abinger said, — The entire question in dispute is, whether payment 
in full means payment of 20s. in the pound. Is it worth while to quarrel 
about it? Had you not better leave the matter to some third person to de- 
termine? 
The learned counsel at each side consulted for some time, but the attempt 
to effect a compromise having been ineffectual, 
John G. Dixon was culled, and examined by Mr. Richards. — I am ac- 
quainted with Mr. Gurney. I saw him on the day preceding the settling of 
the Derby last year. I had a conversation with him about the payment of 
bets. He authorized me to make a declaration on the next day, that he could 
not pay his debts, as others would not pay him. 
Cross-examined by Mr. Andrews. — I lost money to Mr. Gurney, and I 
attended on the settling day for the purpose of paying him. I did not pay 
him. I saw Mr. Gurney on Tuesday. He was in the yard. He had no 
money in his hands. 
Will you venture to swear that he had no money in his hands ? — I will ven- 
ture to swear that I did not see any. 
Will you swear that Mr. Gurney authorized you to make the declaration 
that he would not pay ? — I will. 
What was the amount of your bet ? — £140. 
Did you take it to Tattersall’s on Tuesday to pay it ? — I did. 
Did you lose money to other parties? — I did. 
How much did you lose altogether on the Derby ? — I did not lose on the 
Derby at all. I should have been a winner if others had paid me. 
How much did you lose in consequence of your bets not being paid to you ? 
— I lost £1700 or £1800. 
What was the largest amount which you paid ? — I paid Mr. Gully £?800. 
By Mr. Richards. — I should have been a winner, if paid, to the extent of 
£1900. 
Do you know that Adkins was a defaulter? — I believe he did not pay the 
people. (Laughter.) 
The Duke of Portland examined by Mr. Richards. 
Are you tenant of the Newmarket race-course ? — I am. 
Are you acquainted with the rules of horse-racing ? — I am. 
Is it not always the case, that those who do not pay their losses by bets on 
the races do not receive their winnings ? — It is the case. 
On this occasion were you instructed to warn Mr. Thornton off the race- 
course? — I wrote to the Duke of Bedford. 
Sir T. Wilde objected to his stating the contents of his letter to the Duke 
of Bedford. 
