THIS IS FINDON — created by Valerie Martin, contains scenes from her home village of Findon, West Sussex, U.K.

The Court Case

Bob Gore watches his string of racehorses at work.

 

Copyright Valerie Martin, 1996.

Text first Published in the West Sussex Gazette, 7th November 1996.

The connection of the village of Findon with the racing has always been large, in the past through to the present day. It was November 1906 when the case between Gore and Douglas v. Gully came to court. Lawyers’ clerks arrived and shuffled into Court laden with briefcases and piles of legal books bound with bows and straps. These they deposited in a dismal untidy pile making tilting stacks on the seats assigned to Counsel and instructing Solicitors.

The 75 year old Justice Kekewich, had been honoured on the occasion of the King’s birthday the previous week, and made a member of the Privy Council. He took his seat a minute before half past ten. The stuffy Court was crowded.

Twenty members of the Bar, dressed in full wig and gown, with stern countenances, were in attendance. The Solicitors and their clerks looked bored sitting in the first six rows of oak seats confronting the Judge. It was all in a day’s work to them. Among them was Bob Gore who had made the journey in pursuance of his grievance, together with his solicitor who had instructed Counsel on Bob’s behalf.

Mr. P.O. Lawrence Q.C., bewigged and begowned, rose to make an application.

"My Lord, in the action of Gore and Douglas against Gully, I have a motion to restrain the defendant from trespass".

Mr. Manning, who appeared for the Defence, then rose from the bench to explain to the Court that he had communicated with the defendant but had not as yet received a reply. He concluded,

"I can only say that the defendant lives in a rather remote part of Sussex and has not been allowed enough time to give instructions".

Mr. Lawrence outwardly laughed at the suggestion of Findon being "remote". He proceeded to explain that the action was brought by Robert Gore and Edwin Douglas. The latter was owner in simple fee of certain property known as Fox Down on the Findon Gallops and had granted Robert Gore the exclusive right to train his horses there. It was George Gully of Nepcote Lodge Stable who insisted on training horses on the same land.

"He interfered with the hurdles and other fences put up by Mr. Gore".

He added that Mr. Gully claimed the right to do so and thus the necessary action had to be taken to restrain him. Reading from a lengthy document before him, Counsel said that Mr. Douglas stated he was the owner of that area of the Down, position and extent which was delineated. He added that...

Mr. Gore had exclusive right and liberty at all times to train his horses there".

He went on to explain that the arrangement was to hold for five years and that the rent paid to Edwin Douglas was £50. per annum.

He added,

"He had authority to put up a reasonable number of artificial fences and improve, make and widen the Gallops".

His Lordship: "Well, Mr. Manning, what have you to say?

The judge had a glint in his eye.

Mr. Manning: "It is difficult for me to say in the absence of anything from the Defendant".

His Lordship: "You had better have an injunction".

The case was concluded. A sigh of relief. In the space of seven minutes the majesty of the Court had disposed of the case and decided on Counsel’s statements supplemented by documentary evidence.

Bob Gore's string during training, and heading west on Long Furlong.

 

It was rumoured in Findon at the time that residents had chuckled when they had witnessed the lively antics during training sessions on the downs. Local inhabitants could have colourfully enhanced the proceedings if called to give evidence under oath. A graphic narrative would have been no doubt helpful if they had been called into the box.

Bob Gore returned to Findon hoping that George Gully would cause no further disruption on the Gallops below Fox Down — at least for a time. The end of the story was yet to come. Continue to read The Conclusion of Hostilities.

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E-mail: valeriemartin@findonvillage.com