The Sun.
London, England, 1834-08-04 00:00:00

DOCKRAY V. WALKER.

This action was brought by the plaintiff, a jockey, to
recover from the defendant, a sporting gentleman, residing
near Red Hill, in this county, 301. ; viz., 101. 10s. for
riding and winning two races, and 191. 10s. for the plain-
tiff's expenses in travelling to and from Brussels, where, in
July 1828, the races were run.
Mr. THESIGER stated the case.

Thomas Payne examined by Mr. Wordsworth.—Wit-
ness met the defendant at Newmarket in the early part of
July, 1828 ; the celebrated horse Helenus was then at
Newmarket ; defendant wished to buy him, and to run
him at Brussels, and gave witness a commission to make
the purchase ; witness bought the horse for defendant ;
took him to London, and shipped him for Ostend ; witness
then went to the Chatham races, where the plaintiff was,
and told him that defendant wished him to go over to Brus-
sels, and ride Helenus ; plaintiff agreed to go, upon having
his expenses paid, and said that as to anything else he
would leave it to the honour of the defendant. Witness
then went to Margate, where he saw the defendant, Lord
Bolingbroke, Mr. St. John, and Mr. Cremeux, a French
gentleman ; defendant expressed great anxiety that plaintiff
should ride Helenus, and directed witness to write to plain-
tiff by that post, two letters, one addressed to Chatham—
the other to his residence, at Epsom, giving him further
instructions to proceed to Brussels ; the letters were
written in witness's name by Mr. St. John ; plaintiff re-
ceived the letters, and went to Brussels, where he arrived on
the 20th of July, and the day after, plaintiff, in the presence
of the defendant, witness, and the whole party, tried the
horse, and reported him fit to run the next day, which was
the first of the races ; Helenus was immediately entered,
but in the name of Mr. Cremeux, and won the race,
whereupon the gold cup and stakes were delivered to the
defendant, who presented the cup to Mr. Cremeux ; de-
fendant also won several large bets upon the race ; Helenus
was then matched against a horse of Colonel Charity ; the
plaintiff rode him the next day, and won the race, which
was for a considerable sum, and excited much interest ;
plaintiff afterwards returned to Dover, with defendant, and
his party, where defendant desired him to take a chaise to
his own house at Epsom ; Helenus afterwards won the
Derby, defendant winning large sums ; it was usual to pay
five guineas a race to the jockeys when they won ; plaintiff's
expenses would be about 13/. Defendant afterwards went
abroad for three or four years, and returned a few months
ago, and was riding with witness in the Park, when they
met plaintiff ; witness said, " There is Dockray ;" defendant
said, " I do not like George, he did not treat me well, he
threatened to show me up to the Jockey Club ;" witness
answered, " Why don't you pay him ?" defendant said, " I
paid him at Dover unknown to you ;" witness re plied," Never."
Cross-examined by Mr. PLATT—Was a dealer in horses ;
had been insolvent ; had had a dispute with defendant,
which had been referred to arbitration ; it was the general
rule that horses should be entered in the name of their
owner ; Helenus was afterwards claimed by the Duke of
Richmond, whose property he now is ; Mr Cremeux is dead.
Mr. PLATT contended for the defendant, that as the
horse was entered in the name of Cremeux, he must be
considered, in point of law, to have been the owner, and to
have hired the plaintiff. _ _

Lord Chief Justice TINDAL-It was a singular circum-
stance that the horse was entered in Cremeux's name, but
it was for the Jury to determine whether the evidence satis-
fied them that the defendant had engaged plaintiff. The
evidence as to the custom of paying the gratuity of five
guineas appeared to him slight.
Verdict for the plaintiff, damages Nineteen Pounds Ten
Shillings.