The Sun.
London, England, 1867-03-22 00:00:00

THE "SOILED DOVE" CASE.

- -
We are requested to publish the following further
correspondence on the " Soiled Dove" case :
"9, Dover-street, Piccadilly, March 19.
"Dear Admiral Roue,—ln answer to your letter of the
18th I have only to say that if you can produce any copy of
the resolution altering Rule 3, with the signatures of the
members attached, although it has not been published, it
will be quite sufficient for me, and, I presume, for other
backers, and I will at once accept the verdict and withdraw
my protest; but, failing that, I trust you will see the justice
of referring the case to the Committee, either for their con-
firmation of the award, or for their decision as to the
legality of the tribunal. This will be making no difference
between myself and Mr. Bevil].
" I shall be obliged if you will publish this, together with
your answer to it.—l am, yours very truly,
"HENRY CHAPLIN."
"13, Berkeley-square, March 19.
"Dear Chaplin,—Your request is very reasonable. I
therefore regret that neither our old throne of justice (the
Tree) nor our present court can boast of a secretary or a
book to register adjudged cases, and that not one document
can be found of any case during the present century ; even
the recent Huntingdon case is not to be found ; all our de-
cisions, resolutions, and amendments have been treated
like the decrees of the Sybil—no person is paid to collect
these leaves of foolscap. Nee revocare situs, aut junger
carmina curat.' I repeat, on my honour, that the committee
in 1865 agreed that three members were sufficient to form
a legal tribunal, and I trust you will accept my word in the
absence of all proof.—l am, dear Chaplin, vary truly yours,
" To H. Chaplin, Esq." " H. J. Revs.
" 9, Dover-street, Piccadilly, W., March 21.
" Dear Admiral Rous,—Your letter places me in a most
difficult position, for though, as you will well believe, I
most unhesitatingly accept your assurance, yet my entire
belief in what you say does not alter the fact that in point
of law the tribunal was actually illegal, and, as you will
see there is therefore the possibility for backers that a
future decision might bo given in their favour, you will
not, I think, ask me to withdraw my protest now on those
grounds.—l am, yours very truly,

" HENRY CHAPLIN."
" 13, Berkeley-square, Thursday, March 21.
" Dear Chaplin,-1 have no objection to place your
letters before the committee on Monday. If they decide
that it shall bo reopened-it will bo very mischievous ; a
quorum of three having decided every case since tho
Huntingdon, these gentlemen will have good right to com-
plain.— I am, truly yours, "H. J. Rous."

THE LEGALITY OF LETTING BETTING-STANDS
AT RACE MEETINGS CONTESTED.
At the Wat'wick Court-house, yesterday, before William
Smith and E. Dodd, Esqrs., Mr. J. Parker, of the " Mau_
chester Arms" Hotel, Warwick, was summoned by a per _
son of the name of John Duffin, of Newcastle-upon-Tyne,
for having let certain betting-boxes or stands on the War-
wick Racecourse to several betting men for the transaction
of wagering during the race meeting now being hold at
Warwick.
Mr. H. C. Passmore, of Warwick, appeared for the plain-
tiff ; Mr. F. Tibbetts, of Warwick, for the defendant. This most important question to many corporations,
clerks of courses, lessees, and others, having charge of race-
grounds, is creating a great amount of interest, especially
amongst the sporting fraternity, although more particularly
amongst the "small bookmakers," who bet in the ring.
They (the small bookmakers) for some time past have
loudly complained that the "lists" or " box" betting
has nearly destroyed their avocation; and, believing that
letting any portion of the ground at a race-meeting for the
purpose of "betting-stands" was illegal, took the present
proceedings, the substance of which will be gleaned from
the following report:—
The ground for the erection of betting-stands at War-
wick, it appears, is let by the Chamberlain to Mr. J,
Parker for £5O a-year, and he (Parker) sub-lets the same
to respectable betting-men at "£5 per box," or whatever
sum can be agreed upon or obtained.
At 10.30 yesterday morning, when the case came on for
hearing, the court was crowded, the first witness being a
Mr. Smith, a cabinetmaker, of Newcastle-upon-Tyne,
who proved that he saw Mr. Parker, the defendant, in one
of the boxes on the course delivering tickets to any one of
those parties who took one of the boxes.
The other witness was the plaintiff, who stated that his
name was John Duffin, and that ho was a native of New-
castle-upon-Tyne, and was a betting man, and had been
one for a great number of years. He saw John Parker at
a box, and on a cloth which surrounded it were printed
the names of J. Hewitt, Leamington, and J. Parker, Man-
chester Arms, Warwick. He saw Parker deliver several
tickets from the box, but could not say what they were

Harpenden ,
Epsom
Croydon
Newton

about.
In cross-examination by Mr. Tibbetts, witness denied
having sent wordto the defendant Parker that if he (Parker)
did not allow him (Puffin) to erect his "Judy" on the
course, he (witness) would do Parker all the injury pos-
sible. He, however, afterwards admitted having sent a
message to Mr. Parker, but it was sent as from a friend
(Laughter.)
Mr. Tibbetts—l believe you have repeatedly been turned
off the race-course and out of the ring ?
Mr. Passmore objected to this question, and recommended
Puffin not to answer it.
Mr. Tibbetts—l believe you were at Carlisle the year
Master Bagot won the Cumberland Plate ?
Mr. Passmore again objected to the question.
Mr. Tibbets replied that he was compelled to ask a few
of those questions for the purpose of proving what the sta-
bility and respectability of the witness consisted in.
Witness— I was not there.
Mr. Passmore—That is my case, your worships.
Mr. Tibbetts then asked the bench if they considered
there was an answer required from him as nothing was
proved against Mr. Parker ; if there had been anything
established ho had a satisfactory answer thereto.
After a short consultation, the magistrates stated they
would like to hear what Mr. Tibbetts had to say.
The latter gentleman, then addressing the Bench, con-
tended that this information, which was laid against the
defendant, was laid under the Act for the "Suppression of
Betting Houses," which surely the Legislature never in-
tended should apply or extend to race-courses, and he,
therefore, submitted that Mr. Passmore had totally failed
to prove his case. What had either the plaintiff or his
witness proved? That they saw Mr. Parker in a box,
but did not hear him say or do anything, except giving a
ticket away, the purport of which they knew nothing;
and, therefore, on that ground, "if on nothing else," the
prosecution had broken down. (Cheers.)
The Chairman (Mr. Smith), after a short consultation
with Mr. Dodds and examination of tlgt statute-book, said—
As this prosecution is under one of the penal statutes we
require that very stringent and strict proof be adduced
before we can convict, and in this case we consider suffi-
cient proof has not been brought forward. We, therefore,
dismiss the case. (Loud cheers.)
Mr. Passmore stated he fully concurred in their worships'
decision, for when the plaintiff applied to him he informed
him that ho thought his case would break down, for Mr.
Parker, instead of being owner of the land, was merely
occupier, and the summons having been taken out as such
could not be remedied.
The decision of the Bench appeared to give general
satisfaction to those within the court, and also to a large
, body who were assembled in the High-street.
he

RES FOR 1867.
IL.
Abergavenny ll
Thirsk ll
Newmarket Ist Spring 22
Durham . 22
Catterick 25
Chester BO

Beverley .................. A,
I Stockbridge ............... 19
Chelmsford Summer ... 26
Newcastle ........••• 25
27
Ipswica .....................
Worcester Mummer. --.. 27
L

rY
Down Royal Curporatn. lf
Stamford lB
Radcliffe 22
Huntingdon 23
Winchester 23
Southampton 25
Goodwood 3O
UST.
Dover
West Drayton 22
Plymouth ..... 22
Canterbury
Derby . 27
Lichfield
Yarmouth . 27
Weymouth
Tunbridge
Baden Baden
EMBER.
Richmond l7
Hendon l9
Monmouth
Manchester Autumn 2O
Newmarket let October 24