The Sun.
London, England, 1858-12-13 00:00:00

and sides. I immediately spoke to the duke. It I
was the duke who said, " You tailor, you have
never erossed a horse before." Another gentleman
did not say that one gentleman said, "it serves you
right." I do not know who he was. Three quarters
of an hour after the occurrence I returned to the
duke with a policeman. During that time I was
searching for a policeman on the course. The duke
said to the policeman I brought to him, " He (mean-
ing me) knockeil me down, and, - to -, a man
has a right to do something then." I asked him for
his card, and he said, " I'll see you - first."
After I left the course I took the horse to Poole's
livery stable. It was not hired, but lent to
me by my friend, to whom it belonged. His
name is Watson, and..he is a medical gentleman. I
told him what had happened. He did not examine
me, but he said I was strained. Mr. Watson re-
sides on the New Steync. I dined at Hove, and
came home by the six o'clock train. I took the
second class.

Re-examined by Mr. Lush—lt was a very tem-
perate horse. I do not know who the gentleman
was whosaid " It serves you right," but he was one
of the duke's friends. The space where the occur-
rence happened was enclosed by ropes for carriages
and horses. I paid to go into it.
Edward Charmen examined by Mr. Lush—l re-
side near Brightok. I was on the race course on
the day in question. I was opposite the Duke of
Beaufort, on the outside of the enclosure. I was
watching his play. The duke had had about thirty
throws at " Aunt Sally," when Mr. Weatherley's
horse came up. I was in a carriage and could see
well. I never saw Mr. Weatherley before. The
first thing I saw was the gentleman's play, which
I thought exceedingly good. I afterwards learned
he was the duke. There were many persons on
horseback in the enclosure. There were also many
young ladies on horseback riding to and fro. Mr.
Weatherley was riding his horse as quietly as any
gentleman could. The duke was throwing. I did
not see whether he touched the horse or not, but
the horse made a. swerve, turning his hind parts to-
wards the duke, and the duke struck the horse
across the buttocks with a stick. The horse capered
about a little, and another stick, thrown by the
duke, struck Mr. Weatherley's back. He aimed
the stick at him. Mr. Weatherley turned round
to see what had struck him, and seeing another
stick coming he put up his arm to ward off the
blow. The horse then got in advance a few yards.
The duke went to Mr. Weatherley and took hold of
his leg and tried to unhorse him. He next laid
hold of his foot and turned him over on the other
side. I heard some langua..e like " tailor,"
or " your eyes," but I did not take notice of
it, That is all I saw.
Cross-examined by Mr. Chambers—l gave Mr.
Weatherley my name on the course shortly after-
wards. lam a tailor. (Laughter.) The duke
played exceedingly well. Mr. Weatherley had a
whip or stick in his hand.
Re-examined by Mr. Lush—l am in business as
a tailor on my own account, at Ditching, near
Brighton.
By the jury—The stick produced is a good deal
smaller than those with which the duke was
playing.
Mrs. Sarah Harmer—l am a widow, living at
Burgess-hill, near Brighton. I was in a carriage
with Mr. Charmen on the Brighton race-course. I
saw the gentleman described as the Duke of Beau-
fort playing. I saw the horse pass, and I saw the
gentleman strike it, and then the horse swerved
round, and the gentleman tried to unhorse the
rider, who was Mr. Weatherley. Mr. Weatherley
was not unhorsed—only thrown on one side.
Mr. Charles Stonor, innkeeper, said—l was in
the box of the carriage in which the last witness
was. I saw the gentleman playing at " Aunt
Sally," and was very much amused. I thought he
played very nicely. I saw Mr. Weatherley come
along the course at a good pace. The horse was
struck by a stick, and it plunged round towards the
duke. The duke then threw a stick sharply at Mr.
Weatherley, and it struck him on some part of his
back. He threw another immediately afterwards.
Mr. Weatherley saw it coming and held up his
arm, which it struck. The duke appeared to aim
it at his head. I afterwards saw the duke toss Mr.
Weatherley off the horse. I heard some expression
addressed to Mr. Weatherley, but not by, the duke.
Cross-examined—l did not see the duke forced
forward by the horse.
Henry Godsall, the driver of a carriage on the
course—l saw the duke shying at " Aunt Sally,"
and I thought he was a right good hand at knock-
ing the pipe out of her mouth. I saw him throw
three sticks at Mr. Weatherley. Two hit him and
one missed. The duke then tried to unhorse him.
The sticks were about the thickness of a stable
broomstick.

Other similar evidence having been given,
Mr. George White was examined—l am the chief
constable of police at Brighton. I remember
the Duke of Beaufort and Mr. Weatherley coming
up to me on the Brighton race course. Mr.
Weatherley said he had been assaulted, and wanted
the gentleman's name. I said "As you are both
gentlemen I should think you should both exchange
names." Some gentlemen with the duke said, "This
is the Duke of Beaufort." I then turned round to
Mr. Weatherley and said, " That's the Duke of
Beaufort, and he is staying, I believe, at the
Albion." They then left me. Ido not recollect
whether Mr. Weatherley gave his name. I did
not pay much attention, not having seen the as-
sault. I did not consider it a matter for my inter-
ference. There was no charge made. I •did not
see any policeman in the matter.
Cross-examined—There might have been a police-
man with them, but I do not recollect now.
Mr. M. Chambers then addressed the jury on the
part of the Duke of Beaufort, characterising the
first action as only an attempt to extort money
from his client, who, he contended, was not the
original aggressor.
Lord Campbell having summed up, and after the
jury had deliberated a few minutes in the box,
A juryman said they had some doubt whether
Mr. Weatherley's horse running against the Duke
of Beaufort was an assault.

Lord Campbell—lt must be considered an assault;
but if his playing at "Aunt Sally" in the enclosure
contributed to the assault you ought to find a ver-
dict for the defendant. In the first action, however,
you have merely to consider the damages.
The jury then, in the first action, returned a
verdict for the plaintif, Mr. Weatherley, with £lOO
damages ; and in the second a verdict for the
plaintiff, the Duke of Beaufort, with one farthing
damages.
Lord Campbell said he would certify for a spe-
cial jury, but for nothing else.
A Juror—Are you, my lord, satisfied with the
verdict ?

Lord Campbell—l think, gentlemen, it is a very
good verdict.

SECOND COURT.

(Before Mr. Justice Crompton and a Common
Jury.)

PARR V. WINTERINGHAM-TURF TRANSACTIONS.

This case, which opened late on 'ridgy, was re-
sumed and brought to a close on Satuday morning.
It was an action for money had and received by
the delendant for the use of the plaintiff, and the
defendant pleaded "never indebted."
Mr. E. James and Mr. Hawkins appeared for the
plaintiff ; Mr. Knowles and Mr. Oliphant for the
defendant.

Mr. James, in stating the case, said the plaintiff,
Mr. Parr, was the owner of several race horses, and
resided near Wantage, in Berkshire, and the defen-
dant, Mr. Thomas Winteringham, was the clerk of
the course at Catterick-bridge races, held in April
last. That gentleman, however, was only the nomi-
nal defendant, the real defendant being a Mr.
Robinson, an attorney, of Richmond, in Yorkshire,
and who had indemnified Mr. Winteringham
against all costs in this action. On the 7th of April
in the present year Mr. Parr ran a horse called
Kelpie, at Catterick-bridge, for a stake designated
the Second Year of the Easby Triennial Produce
Stakes, and Kelpie won it. As regarded races of
that character it would appear the custom was to
nominate horses for them while yet in the mare's
belly. Now, the said Kelpie came in first for the
race in 1858; a horse named Pelissier, the property
of Mr. Robinson, the real defendant in this action,
being second. The amount of the stakes was about
£l3O. Mr. Parr, being otherwise engaged, did not
go down to Catterick himself, but he sent down
Kelpie in charge of a confidential person. The horse
having won the race it was asserted that he had
been nominated by a person of the name of Edwards,
who was a defaulter, and therefore that Mr. Parr
was not entitled to the stakes. The history of the
horse Kelpie was this :—Bred by Mr. Edwards,
whose proper name was Edward Brockett ; it was
sold by him to Mr. Pedley, a gentleman well known
upon the turf ; by him transferred to Count Batthy-
ani, and then bought by Mr. Parr, at Doncaster, in
Sept., 1856, for £5O. The horse was sold as a colt out
of the Child of the Mist, by Weathe7bit. Well, the
horse so sold was entered by Mr. Edwards in 1855
for the Ninth Easby Triennial Produce Stakes, to be
run for at Catterick in 1857. 1858, and 1859—that is
to
y ears.
in
say, in three successive
1857,Accordinglyand
a
Kelpie was sent down to Catterick he
ran under Mr. Edwards's
te of nominationic for the very
No no
same stake as in 1858.
objectionef wasthe
given in against Kelpie until the morning
race of the 7th April, and that just ore starting,f be
when the objection already alluded to
was put for-
ward by the owner of another horse in the race,
called Meteor. At that moment Mr. Robinson did
not make any objection against the horse starting,
,but after it had won he took up the objection of the
owner of Meteor. Now, it run in compliance with