VETER IN ARY J UK1S PRUDENCE. 
472 
competent tribunal to decide on who was a defaulter, and that must depend 
on the usage of racing, and on the practice of betters, and on circumstances 
which the Jockey Club must know well how to deal with, but which, if 
brought before a judge and jury, would be little likely to receive a just deci- 
sion. The three gentlemen who were defendants in this action had no feel- 
ings of hostility towards Mr. Thornton ; they had done nothing but their duty, 
and, if they had erred, there were no men more ready to repair their error 
than themselves. What was the state of the case? Mr. Gurney betted on 
the Derby ; he won and lost large sums, but on the balance of the account 
he was a large winner, and should those who lost to him, and whom he went 
to Tattersall’s to meet, pay him the amount of their bets which he won of 
them, he would then have the means of paying his losings. He went to 
Tattersall’s on the Monday to compare his book and to make it up, in order 
to be in a condition to pay and receive the following day. The next day he 
went there for the same purpose, and when he went there persons told him 
that they would not pay him, as they had heard he did not intend paying. He 
went there with money, intending to pay his losses if he could have got his 
winnings. The amount of all his losses put together was under £ 10,000, 
and he had £ 11,000 to receive; and he had no reason to expect that he 
should not be paid ; but before he could speak one word, before lie could 
either give or receive an explanation, he found himself in a situation to pre- 
vent his paying that day, and therefore he went away. The fact was, that 
Dixon, whose evidence they had heard, had been in this instance making an 
excuse for himself. Gurney’s statement to Dixon was, that he would pay 
his losses Dixon, in the mean time, had told him that parties did not 
mean to pay him ; and Gurney, in consequence, used expressions which 
Dixon circulated, to the effect that he (Gurney) would not pay unless those 
parties paid him, the consequence of which was that Gurney left Tattersall’s 
without making any settlement. Now what takes place ? Three gentle- 
men who had won largely from Gurney call upon him, and ask him, “ Does 
he mean to pay ?” Gurney shews his account, and offers it to them to collect 
and arrange all his transactions. He does more ; he gives them £500 in ad- 
dition. These gentlemen, or assignees, as they are called, looking over the 
accounts furnished them, find they will not only be able to pay, but have a 
surplus to return to Gurney. So confident were they, that they gave a gua- 
rantee to certain parties to pay 20s. in the pound, and they proceed to do so 
as fast as they can. These gentlemen pay in cash £5956 to the winners of 
Gurney ; some of the losers offered bills, which were discounted, and their 
proceeds paid 20s. in the pound; but some gentlemen cannot be prevailed upon 
to pay at all, and hope to escape with money in their pockets. There yet 
remained a considerable sum outstanding, and the assignees had already paid 
more than <£8000. It appears from the accounts that Gurney was indebted 
to Mr. Beale £1875, to Mr. Crockford £1100, and to Mr. Clarke £1200. 
These gentlemen were authorized to collect the remaining debts, to the 
extent of £7228. Amongst the creditors of Gurney were persons who had 
debts which amounted to £3000, and Mr. Gurney, having handed over to 
his assignees a bill for £500, they agreed to take this amount in satisfaction 
of the balance owing them. They felt that he was willing to pay, that his 
giving an authority to collect his debts had given him a claim upon them, 
and they were willing to take the risk of that on themselves, and therefore 
these gentlemen agreed to consider themselves fully paid, and to discharge 
Gurney. The learned Gentleman then proceeded to comment on the pro- 
ceedings before the Jockey Club, and to argue that they were perfectly right 
in the view which they took of the case ; and that, consistently with their 
duty, they could do no otherwise than they had done, and that, under the cir- 
