The Sun.
London, England, 1862-02-13 00:00:00

THE SUN; LONDON, THURSDAY EVENING, ;FEBRUARY 13, 1862.

LAW lATELLIGENCE.—(27dB Day.)

SPORTING INTELLIGENCE.

COURT OF DIVORCE.
(Before the Judge Ordinary.)
THWAITES V. THWAITES.

The hearing of this case was resumed this morning.
Dr. Twiss proceeded to addre,s the Court upon the
whole of the evidence adduced, on the part of Mrs,
Thwaites.

The learned gentleman was proceeding when we wen
to press.

SHERIFFS' COURT.
BETTING ON HORSE, RACES-IMPORTANT DECISION

WELLBELOVED V. ATKINSON.

This Fas an action to recover 10s., money had and re-
ceived under somewhat novelcircumstances.
Plaintiff said he made a bet with the defendant about a
certain horse winning a certain race, and the defendant
staked one crown against two that the horse would win.
A dispute arose about the race, it being argued on one side
that the horse had won, and upon the other that it had lost.
Plaintiff, however, was called upon by defendant to pay,
and pending the decision of the great arbiter in all such
cases, plaintiff paid over the 10s. to the defendant, under
protest. When Bell's Life came out on Saturday it was
there stated that the horse was disqualified, in consequence
of its having gone the wrong side of the post. Under these
circumstances plaintiff contended that he was clearly en-
titled to have his money hack.

A person who appeared for defendant urged that the
court had no jurisdiction in the matter.
The Court—l don't know that.

Defendant's agent—lt is illegal, and the Court cannot
interfere.

Tho Court—We must see.

- -
Agent (to plaintiff)—I believe you are a bookmaker.
Plaintiff—Yes.

The Court—Was the bet made in a betting-office ?
Plaintiff—No, in the street.

Agent—What did you take defendant's ss. for?

Plaintiff—Because it is customary. It is a rule if any
one bets with us to take the stakes as a security.
Agent—You as a bookmaker ought to know that you
should not have paid the money unless you were sure,
Plaintiff—lt was understood at the time that the race
was disputed.
Agent—We say the horse won,

The Court—You see, plaintiff, that they deny the horse
having lost. How do you prove it ?

Plaintiff (producing a book)—By the Racing Calendar
(roars of laughter.)
The Court—That is not evidence.
Plaintiff—Well, the reports and Bell's Life (renewed
laughter.) .

The Court—They are not evidence. You did not see the
race, I presume ?

, .
Plaintiff—No, but I am sure the horse was disqualified.
The Court—How can that he ?
Plainliff—Because it says so in the Racing Calendar.
(Great laughter.) I wish the Court would look at it.
The Court—l would rather not,

Plaintiff evidently could not understand why the .Racing
Calendar was not received as evidence, and then urged that
he demanded only his own money back. He had only paid
it because defendant said he wanted the money.
Defendant's agent said it was a most unusual thing to do.
If plaintiff had paid the money he had done so at his own
risk, and such a thing as recovering it was never heard of.
Plaintiff—l acted like an honourable man, and I now de-
mand my own back.

The Court thought this was a very nice question, and one
that drew the line very finely. But upon the ground that
plaintiff had parted with 10s. under the belief that such
and such a thing had occurred, which was not the case
the Court was of opinion that he was entitled to have his
money back.
Defendant's agent—lt is quite illegal, and we shall op •
pose it.
The Court—Very well. Meanwhile, plaintiff will have
a verdict.

POLICE .INTELLIGENCE.—( 77418 Day.)

MARLBOROUGH-STREET.

DARING ROBBERY IN CARLTON GARDENS.—Arm
Smith, a woman about 30, was charged with stealing a gold
watch and Albert chain, of the value of £22, the property
of a gentleman unknown, in Carlton-gardens.
The watch is made by Aubert and Klaptonberger, and
the seal attached to the watchchain has two griffins' heads
as the crest.
Mr. Austin appeared for the prisoner.

Gordon, 336 A, said on the previous night, at a quarter
past 11, he saw the prisoner following and dodging a gen-
tleman, who walked into Carlton-gardens. As the gentle-
man was stepping from the pavement to the road, the
prisoner hustled him, turned round, and then ran away.
He (Gordon) then pursued the prisoner to the corner of
King-street, and told her that she had robbed a gentleman,
which she denied. He then asked her what she had in her
muff, and on putting his hand into it he found the watch
and chainproduced, which she said was her own.
In answer ,to Mr. Austin, the witness said the gentleman
was not hustling her, and that he believed the gentleman
came out of the Reform Club. He had not time to ask the
gentleman if he had been robbed.
Shillingford, 325 A, confirmed some of Gordon's state-
ment, and proved seeking for the gentleman, but not being
able co find him.
Mr. Tyrwhitt remanded the prisoner.