SPORTSMEN IN COURT.

New Zealand Herald, Volume XXXV, Issue 10836, 20 August 1898, Page 2 (Supplement)

SPORTSMEN IN COURT.

SIR JOHN WILLOUGHBY TO PAY

DAMAGES FOR SLANDER; Is the Queen's Bench Division an action for slander was brought by Messrs. W. Smith and William Hoare Smith against Sir John Willoughby. This was an action in which the plaintiffs, horse-breeders and dealers in bloodstock, of Whimple, near Exeter, claimed damages from Sir John Willoughby for slander. The defence was that the occasion was privileged, and. that there was no proof of special damage. In 1888 Messrs. Smith nominated , two yearlings for the Derby of 1890. 'The defendant had made a "yearling Derby book," offering 100 to 1 against the nomination of the. yearlings nominated for that year, and claimed that he had made a bet with plain"tiffs. / Neither of the two yearlings ran in the Derby. Defendant went to South 'Africa, and, on his return in 1893, the dispute with plaintiffs as to whether a bet had ever been made was referred in July. to. the committee of the Newmarket Subscription Rooms, who decided that plaintiffs owed the defendant £100. , Plaintiffs tried to have the question reopened by the committee, but finally, in October, after defendant had gone back to South Africa, Mr. ; W. ,H. Smith ; drew : a cheque for the amount in favour of Mr. Ruston, the secretary of the Newmarket Subscription Rooms.- . Plaintiffs heard nothing more of the matter until May 20,' 1897, whon , Mr. W. H. Smith received a letter from Mr. Ruston saying that Sir John Willoughby had reported to him that he had failed to pay the bet he had been ordered to pay. I This was the slander complained of.- On June 2 a notice, was sent by Mr. E.Weatherbyi secretary to the stewards of the Jockey Club,' warning Mr. W. H. Smith off the turf. V. The notice was withdrawn on June 19. • w.'.v; ■-'■: :'A verdict was ultimately returned for the plaintiffs, damages £250. ,'.-.-''