The Sun.
London, England, 1863-08-15 00:00:00

- -
A horse-Trainer Charged with Libel.

Yesterday a wilt of inquiry was executed at the Town
Hall Croydon, by the Under Sheriff of Surrey, Mr. C. Ab-
bott, to assess the damages in an action for libel brought
by Mr, Sydney Jacobs, an owner of race-horses, and who
is well known upon the turf, against Robert I'Anson, the
trainer,
in which judgment was allowed to go by default.
Mr, Joyce was counsel for the plaintiff, and Mr. Robin-
son for the defendant.
Mr. Joyce addressed the jury, and said that the plain-
tiff had been for manyyears connected with racing matters,
and the defendant was well known as a trainer, and brother
to a more celebrated man residing in the north of England.
In the beginning of the year the defendant had the care of
two race-horses belonging to the plaintiff called Passion
and Duchess of Kent; but in February the latter sold them
to a gentleman named Simons, but they still remained at
the defendant's stables. After they had been there some
time, Mr. Simons was desirous to remove them, and on the
10th of June he went down to Mickleham for the purpose
of doing so. The defendant was not at home, and his wife
objected to the horses being taken away, and he was there-
fore obliged to return without them. On the following
day he received the letter that was the subject of the ac.
tion. The learned counsel read the letter, which contained
the following passages—" I am not surprised that you
should have come down to Mickleham to remove the
t
horses, at a time when you knew I was away. . .
I wondert
f
him." This was the portion which was the subject of the
libel ; but the letter went on to charge Jacobs with having
ie you
Jacobs can ,
andal allow o w a
e y o
his u r se
dirtylt' t o play into
work for
the hands of that
attempted to bribe the boys about the stables, and stated
that the horses should not be removed until the defendant
had been paid what Jacobs owed him, adding that he did
not care so much about himself as the poor people about
Mickleham, to whom the plaintiff owed money. The
learned counsel said he did not ask for vindictive damages,
but the defendant had admitted the libel, and they ought
to award such an amount as would clear his character in
the eyes a the world, and show that there was no founda-
tion for the serious charge that had been made against him
Mr. 11. M. Simons was then examined, and said : He
was a medical man practising in Walwortb, and he also
took an interest in racing matters. He knew the plain-
tiff as being connected with the turf, and in the beginning
of the year he purchased two horses of him which were at
the time in training with the defendant, Mr. I'Anson. At
Jacobs he continued to keep the horses
at request of Mr.
at Mickleham after he had purchased them, but about the
month of June, for reasons which it was not necessary for
him to mention, he was desirous to remove the horses, and
he went down to the defendant's stables for that purpose •
but he was not at home, and his wife objected to the horses'
being removed, and he came away without them, He
afterwards received the letter which was the subj •
ect of the
it to the plaintiff "
libel, and showed . .
• d • -Witness was a surgeon Cross-examine • by profession,
but he combined a little racing with it at times.
He had
only followed racing regularly for a few months since he
had purchased these horses. Ho had known Jacob
He was not relate either to • s a good
d
many years. himself or his
aware that he knew wife ; but he was . a good deal
and he therefore consulted • about
racing matters,
him. The de-
fendant,had been his • ho believed, trainer for a consider-
able time.
Mr. Robinson asked the witness whether he had not
heard that at the time these horses were sought
to be re-
moved, Jacobs owed I'Anson a considerable
u
Mr. Joyce objected to the question being Bin P
Under-Sheriff ruled that it was admissible.b put; but the
The witness then said he might have heard so, bat he
knew nothing about it. He was aware that H
took place on the 10th June; but he did Ham ton Races
particularly
on that day to fetch the h not go down
defendant would horses because he
thought the debe at the
heard that the defendant had sent
an
the solicitor for the plaietiff, hn,
L he never apology
in writing to
saw it. One of
the horses, Passion, was dead; but
They had bo defendant had given
up the other. . th run since they had been wit-
ness's property. Passion ran at Epsom
of Kent at Reigate, and the latter was in
The horse . the Oaks the fol-
lowing year.ran in the name f
which was a name suggested lby Mr. Jacob o Madeleine,
its being an uncommon one_, s on account of
lie acted under
Mr. Jacobs in all matters relating to
racing,
brought an action against the
defendant to
Witnesel had
the value of the horses, and for
recover £3OO,
occasion the • r neglect in training them.
Upon one witness accepted
a horse called Volunteer and h an engagement for
amount of the stakes, and he
did so
responsible for the
so at the request of Mr.
Jacobs.
Mr. Robinson then addressed th
de-
fendant in mitigation of damages. e jury on behalf of the u ages. He said ' he did not dis-
pute that the defendant had acted improperly
letter, but immediately in writing the
afterward
re-
paration in his Pourer, and he she had made all the
submitted that this was all
that could be expected, and that
never to have been broug the present action ought
kt
which was to gratify a feelingagainstcharges, of vindictiveness and saddle
the absence of the plaintiff, and He commented upon
a witness, he should have b said if he had been called as
him whether there was a been enabled to have elicited from
the time the attempt wasny truth in the suggestion that at
was indebted to made to remove the horses Jacobs
defendant
and other expenses. He
said,
considerable sum for training
stood at present, he the h,wever, that, as the case
any doubt of this fact; thought the jury could not entertain
ant was under the impression that the pretended sale of
ownership, and esabi was merely a • juggle to shift the
of the horses which 0 the latter to obtain possession
keep until the lien he considered he was entitled to
charged. He
weal which he had upon them was dis-
charged.
the defendant to be
to contend that it was very natural
also that he should think be under such an impression, and
knowing that he wa link that advantage had been taken of
his stables during
bins d be at the Hampton Races to go to
that, upon his retur absence and carry cut the project, and
and probably a littl n at night, finding this to be the case,
he wrote the lett t' excited from having been at the races,
er In question. gised immediatel . He had, however, apolo-
the plaintiff had i', and he submitted, in conclusion, that
and he hoped thei reality sustained no damage whatever,
The jury, after '1,1117 would say so by their verdict.
the p:aintiff, a short deliberation, returned a verdict for
dict will be that damages one farthing. The effect of this ver-
each party pays his own costs.

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