V KT E HINA R Y JURI SP U I J I) KNCK. 
475 
to know, as stewards of the Jockey Club, whether they would give their 
sanction for us to receive and pay the amount of the winning's and losings of 
Mr. Gurney. I did so because I thought their sanction would prevent dis- 
putes. 1 was not present at the meeting of the stewards on the 12th of June. 
I was in an adjoining room. I was called in, and their resolution was com- 
municated to me. Having received the sanction of the Jockey Club, I went 
direct to Tattersall’s, and stuck up Mr. Gurney’s authority, and als6 the 
authority from the Jockey Club signed by the stewards. On the subsequent 
day I went into the city, and saw Mr. Thornton at the Swan-wharf. 1 told 
him I had Mr. Gurney’s authority, as well as the sanction of the club, to 
receive. The account produced is a correct one. I received a £500 bill 
from Mr. Gurney. It was discounted, and I distributed the amount >of it in 
paying Mr. Gurney’s engagements. 
Cross-examined. — I saw Gurney at Tattersall’s on the Tuesday, the settling- 
day. I did not hear him say, “ Since no one will pay me, I will pay no one.” 
I did not know that Davis and Adkins were defaulters. I did not apply to 
Gurney for money on the Tuesday. Gurney said to me, “ Don’t fear, your 
money is safe.” 1 asked Beale how much Gurney owed him ? — He said, 
“ About £1800.” I do not know what Beale is. Clarke is a coachman. 
Beale and Clarke accompanied me to Gurney’s, when we received the au- 
thority from Gurney. He drew it up. Here it is : (the following is a 
copy) : — 
“ June 5. 
“I hereby authorise you to settle my Derby and Oaks account for 1841. 
“George Gurney.” 
I then took the authority to the Duke of Bedford and the two other 
stewards. The Duke first signed it, but with the understanding that it was 
not to be made use of except signed by the two other gentlemen. It was 
signed by them. The account produced is the one I prepared, and I gave it 
in along with the statement to Captain Rous. 
Francis Clarke. — I was a better on the Epsom race in the year 1841, and 
I went to Tattersall’s on the Monday. In consequence of what occurred, I 
accompanied Mr. Portman to Mr. Gurney’s, when we got the authority. I 
assisted Mr. Portman in making out the account which is now produced. 
Within my experience, all disputes respecting racing transactions have been 
referred to the Jockey Club. 
Cross-examined by the Solicitor-General. The purpose for which the 
paper containing the signatures of various creditors of Mr. Gurney, bearing- 
testimony that they have been content with the exertions of the assignees, 
was procured, was in order to be able to produce such a document, in the 
first place, for the satisfaction of the assignees themselves, and for the satis- 
faction of the whole body, of the creditors and debtors of Mr. Gurney, and, 
lastly, of the Jockey Club. The paper was signed, I believe, on the 2d of 
November. I won some money from Mr. Gurney. I saw that gentleman at 
Tattersall’s on the Tuesday. On the settling day after the race, I saw him 
going into the yard, but I did not ask him for the money, as it is not usual 
to ask gentlemen the moment they are seen in the yard for the money which 
they may owe. Mr. Gurney’s loss to me amounted to about £1200 or £1300, 
and I received of that sum £600. I once had a dispute about a race, which 
I referred to the Jockey Club. The decision was against me. No witnesses 
were examined for me. I made a statement. There were witnesses against 
me. The creditors accepted outstanding bills for the portion of Mr. Gur- 
ney’s losses which remained unpaid to them. 
The paper was read. It was as follows : — “ In consequence of the discus- 
