The Sun.
London, England, 1857-12-08 00:00:00

LAW INTELT,IGENCE.--(This Day.)

-1).•
COMYr OF (;ITEEN'S BENCH.
(B3fore Lord Campbell and a Common Jury.)
JACKSOI V. CLARKE.

This was an action to recover 1001. money lent. The
defendant pleaded never indebted. It appeared from the
opening statement of the learned counsel, that the
plaintiff is a large race-horse proprietor, having
an establishment near Richmond, in Yorkshire,
and a town residence in Porchester-terrace, Bays.
water. The defendant Is Mr. E. R. Clarke, better
known in sporting circles as " D'Orsay Clarke,"
and was a money lender and discounter in addition to
his connection with the turf, having a breeding estaLlish-
ment in Nottinghamshire, and residing in Clifford-street,
Bond-street. The 1001., it was alleged, was lent under
the following circumstances :—The plaintiff ran on the
Derby day, 1856, a horse called " Ellington," who was
the winner, and consequently the plaintiff netted a con-
siderable sum from the bets he had made. The defendant
ran " Vandermulin," who was beaten, and he was a loser
in consequence. He afterwards applied to the plaintiff to
a-sist him on the settling day, and asked him to advance
him 1001., which he consented to do. On settling day
a racing "commissioner" named Cochrane, a baker, but
better known as " Donald," was employed by the
defendant to settle his book, and he applied as requested
to Jackson for 1001. for Clarke. Jackson let Donald
have the money, which he spent in liquidating Clarke'e
liabilities on the race.
The learned counsel called the plaintiff in support of
his opening statement. In his examination by Mr. E.
James, Q.C., he denied having arranged with Clarke
that if Vandermulin wcn plaintiff was to have 1,0001.,
but if Ellington won Claire should be paid 2001. He
laid 50,000 to 1 against Vandermulin. Donald, when
he applied for 1001., asked him for 2001.
Mr. Cochrane Donald said that he applied for the
money, and recsived it.
Cross-examined by Mr. James—He " compared" the
bets for Clarke. The defendant's comparing-book con-
tained entries 150 to 5,000 on Vandermuelin, and 4,000
to 203 agstVandermulin, in his handwriting. There were
two entries 1,000 to 0 on Ellington and 0 to
200 against Ellington. "T. D." was not in wit-
ness's handwriting. By Clarke's " settling book"
he applied to Jackson for 2001. on the settling
day after the Derby, 1856, for Dawson. It was marked
as being paid, and he should think he received the
money, as it appeared to be marked by him. Jackson
gave him 1301. for Clarke, on Dawson's account. Oo
the same day he paid him 1001. and 1901. He was
unable to state what the bets were for. All he had to
do was to apply to the parties whose names were in the
books for the amount opposite them. He asked for
1001. as money lent to the defendant, when he saw him
at Tattersall's on the settling day.
Mr. Dawson (trainer) had a bet with defendant on
the Derby of 1856. He took 1000 to 200 that Vander-
mulin would beat Ellington; he lost. Jackson had
nothing to do with the bet. He asked the plaintiff
to settle his account for him, and directed him to
hand 1301. to Clarke, because Clarke owed me 701.
This was the plaintiff's case.
Mr. Huddlestone, Q.C., for the plaintiff, addressed
the jury, stating that he had proved his case, and com-
plained of an intimation given to him by the defendant's
counsel, that he did not intend to call witnesses, espe-
cially as the defendant was in court, after the course of
cross-examination pursued.
Mr. James, on the:part of the defendant, said this cause
ought to have been settled at Tattersalls' instead of in
the Queen's Bench. Clarke denied that the money was
lent, but that it was a portion of a bet due from the
plaintiff to him.
Lord Campbell said he saw no reason for the jury to
doubt the plaintiff had made out his case.
The jury returned a verdict for the plaintiff, damages
1001.