The Sun. — London, England, 1837-02-10 00:00:00

KING'S BEN - 61 - .-(TIIIS DAY.) (Sittings at Nisi Prins before Lord DENMAN and a Special Jury.) LIBEL. DE ROOS V. CUMMING. .The trial of' this case, which has excited so much interest tl le fashionable world for the last two or three months, came on this morning '; and at an early hour all the avenues leading to the Court were crowded with persons anxious to hear the proceedings. Upon the Bench were Lord Alvanley, Lord Grosvenor, Mr. Byu;t, and several other Noblemen and Gentlemen ; and the Court was densely crowded in every part. 'Mr. - WIGIITMAN opened the pleadings—The plaintiff was the Right Hon. Henry Wm. Lord Dc Roos, and John Cumming was time defendant. The Declaration stated that the_ defendant, had published of the plaintiff a foul and mali einus libel, charging him with unfair play at Graham's Club House and elsewhere at cards, to which the plaintiff had pleaded that the charge was not true. The ATTORNEY-GENERAL stated the case as follows : —Gentlemen of the Jury, I have the honour to ap pear before you as Counsel for the plaintiff—and con fident, as I am, in the truth and justice of my cause, it is impossible for me to rise to address you without feelings of the deepest anxiety. Upon your verdict to-day depends the fate of the Nobleman, illustrious for his descent equally as for his private virtues. Gentlemen, the plaintiff is Lord De Roos, son of Lord H. Fitzgerald and Lady Dc Roos, whose title is as old as the reign of Henry the Third. The plaintiff is their eldest. He was educated with great care, and studied at Eton and Oxford. He afterwards travelled ; and I believe I may say, in the hearing of many noblemen and gentlemen well acquainted with hips, that there is not a more accomplished man in Europe. Gentlemen, about six years ago his father Lord Henry Fitzgerald died, when he came into the pos session of a large property. Two years afterwards he lost his mother, when he had a considerable accession to that fortune. He had nothing wanting to his enjoyment, except that he was afflicted with an• illness which subjected him occasionally to ii:9 greatest pain and agony. Gentlemen, Lord de Roos, with all those advantages, and labouring under this infirmity, was a member of most of the fashion able clubs. He was a memLer of White's, Noodle's, Brookes', and Graham's. Play with him was only an amusement. He joined in it merely to pass away an idle hour—nothing he won could add to his enjoyments—no thing he lost could create any anxiety. Gentlemen, in the winter of 1835 and beginning of 1836, he was at Brighton, where he had been ordered by his physicians. He remained there till the beginning of Feb., 1836. He came to Lon don rather improved in health, but still obliged to observe a regime, and keep early hours. He was, as I said, a member of Graham's Club'; and that Club, and that only, of those I have enumerated, was one at which there was morning whist. Gentlemen, whist is a game to which he was very much attached, and a play at which, I believe, it was al lowed on all hands that Lord De Roos was most able. He was accounted tile best whist player in Europe. He used to go there and spend an hour or two, when he was not otherwise engaged, before dinner, playing this game which he was so much attached to. It would appear that in that Club, in the beginning of the season, and before Lord Do Roos came to town, whispers were circulated of unfair play ; and various persons were, in those whispers, sup posed to have been guilty of this crime, There was a deter mination formed that the Club should be dissolved and re constructed, leaving out the names of certain persons who were suspected. It was a great object to the master of the Club, and those connected with it, that its character should be clear; but it also was an object that some person should be made a scape-goat, in order that the character of others might be vindicated. Gentlemen, I shall show you, before this case is over, that a deliberate plot was formed for the removal of Lord De Roos. On account of his great celebrity as a whist-player, there was a certain degree of jealousy and envy excited—it was desirable that he should leave the Club, and it was accordingly decided that upon him this charge 'should be laid. Not long after Lord De Roos's arrival in town he received an anonymous letter, which we have received notice to produce, cautioning him against continuing to play at Graham's, and inti mating to him that, if he did so, measures would be taken that he would have reason to repent. Gentlemen, what would a guilty man have done in such a case ? He ' would have been glad to make his escape without such an exposure. If he- had to continue to play, Gentlemen, and that he had been guilty, he would at all events from that time have been upon his guard'; and he would have cauti ously and religiously abstained from practising those vices to which h e was supposed to be addicted. Lord De Roos felt as a man of honour—be was determined to brave any man who might bring such a charge against him ; he at tended the Club several days after that more sedulously than before, and he continued to play till the end of the season, in the beginning of July. No charge was brought against him—he had no reason to suppose that any charge existed, or that any person even suspected his honour. Gentlemen, it happened that in the beginning of the 'month of July, Lord De Roos went from Park-place, his town residence, to his villa in the Regent's Park, and there he gave a great fete on t he Bth of Juy, that was attended by all the fashionables of the metropolis, and it was attended by those who now come forward as the accusers of - Lord d e Roos. It will appear, gentleman, that those who now come forward as his accusers affected to be his friends, and continued to, court his intimacy down to the last me meet of his remaining in London, without ever having whis pered one suspicion that might affect his honour. Gen - tiemen, after that fete had been given, Lord de Roos paid a visit to some of his relations in the country, and by the advice of his physician, he went to Germany. He first went to Stutgard, where he had a sister, the wife of the Minister, residing. He afterwards went to Baden. It was on the 14th of August he left town, and up to that time there had not been more than a whisper. But when his back was turned—when the seas divided him from those who plotted his ruin, then it was that there was a yell r a is e d against him, and the most monstrous stories pro pagated and loudly asserted by his accusers. A resolution was formed to drive him from this country, so that he might never be able to face his accusers, or clear his reputation. These stories being thus in circulation which are allowed now to be false, they gained publicity in a news paper called the Satirist, and in this instance I must say that the Satirist only embodied the rumours that were raised against him. 'The Learned Counsel here read the article .which appeared in the Satirist newspaper, which stated that on the '2sth of September a great sensation had been created in all the. Clubs, by a circumstance which took place a short time since at Graham's—that a Noble Lord was detected . in a quick movement affecting his character as a gentleman and a man of honour—that they gave the report as they had heard it, extenuating nothing, and setting nought down in malice. The para graph went on to state, that Lord de Roos was play ing at cards with Lord George Bentinck and Mr. Cumming '--that after playing a considerable time, suspicion was ex cited in the mind of one of the party, who very quietly Placed his hand upon the cards, called the waiter and or dered hi m t o seal them up, with the view to deliver them into ',the hands of the Committee —that this had su ch 'an effe c t upon the accused party, that he immediately left the Club, and quitted town as soon as he could make the necessary arrangements for that purpose. Now this article is what may be called a multitudinous lie—it represents that Lord de Roos was publicly detected and exposed in committing a fraud at play ; that it was publicly insisted by his accusers that the charge thus publicly made against him should be publicly investigated, and that he had fled from that investigation. Gentlemen, this excited horror as time friends of Lord De Roos—they wrote to him, he hiein g then at Baden, and he, as you may suppose, was thunder-struck at that charge. Lord De Roos acted upon that occasion, as be has done in every stage of these pro ceedings, like a man of honour-and spirit—he returned to this country immediately. In what shape was he to meet it ? By indictment ? By criminal information, •in which the truth of time charge would not come in question ? No, he .brought an action against the Satirist newspaper, which contained that and other general allegations, with which it is lint necessary to trouble you—giving theSatirist,and those who contributed to the Satirist, or who had uttered or circulated those rumours the most ample opportunity of proving that those charges, or any part of them were true, or that on any occasion Lord de Roos had conducted himself contrary to the laws of honour. Gentlemen, this proceeding was well known in the world—it was known that Lord de Roos had brought this action, but his enemies had deter rained that he should not have the benefit of that action. 'An association was formed, of which Mr. Cumming, the defendant, is one, and I must say in defence of Mr. Cutn- Ming he is the tool of others, and that ho himself is made a dupe, and the worst I shall say against him is that I he heve he comes forward on this occasion rather from a morbid wish of notoriety than from any predetermined !bailee against the plaintiff. You will see by-and-by who is the dole fabricator, and that it is not Mr. Cumming. In the month of December a letter signed George Payne, B. lireville, G. Cumming, and H. Bentinek, was addressed to Lord de Roos, (dated White's, Dec. 2, 1836.) The Learned Counsel here read the letter. White's, Dec. 2, 1836. to MY Lord—The charges of unfair play which have been !lg- circulat e d aga i nst y o u did not originate with ourselves, o were late an d re l uc t a nt believers in them ; neither, when C onvinced of the t ru th, did we propagate the report, which we w ere anx i ous to suppress — our personal feelings, and the con vetton of th e i n j ury that would be inflicted on society by the ex posure of a p erson o f y o ur Lordship's rank and station, Prompting us to forbearance. All that w e reuired, injustice to others , was, that you should abstain from play, and, at a meeting attended by L o rd nry Bentinck, Mr. Payne and C o l o nel Anson who mu also reluct ant ) y convinced of th e trut h o f t h e accus'ati on s, it was a greed that no further measures should bo adopted by us, unless THE SUN, LONDON, FRIDAY, FEBRUARY 10, 1837 you recommenced play, which }cu had discontinued since the occurrence misrepresented in the Satirist newspaper. It was only upon learning that you intended returning to England to meet the charge, and to call to severe account all who might accuse you, that we considered it our duty towards ourselves, and those whom we knew to have spoken the truth, undisguisedly to declare our own sentiments. Having done this, and knowing that you were aware of our having done so, we considered ourselves exonerated from taking further steps. Our motives, however, having been misinterpreted, our mode ration treated as timidity, and cur openly avowed conviction a•l malevolent whisperings, it becomes imperative on us to take immediate measures for the elucidation of the whole truth. We, therefore, utterly disclaim any identity with the Satirist newspaper, in which a statement appeared that was totally in correct, and over whose defence, under any circumstances, we could have no controul, now distinctly charge your Lordship with cheating at cards at Graham's Club and elsewhere, and undertake to prove our assertions by evidence before a com mittee of gentlemen of unblemished honour and reputation. To this investigation we now invite your Lordship ; and, in proposing this tribunal as the most fit to pass judgment on such an affair, we are sanctioned by the opinion of society at large, and of at least a large portion of your Lordship's own friends. GEORGE PAYNE. B. GREVILLE. J. CUMMING. H. BENTINCK." Gentlemen, the moment his Lordship received this letter, he sat down, and with his own hand wrote the letter I slia now read to you : " Park-place, Dec. 3, 1836. Gentlemen,—l received this morning the letter you ad dressed to me, announcing the association you have formed to accuse me of cheating at cards. Your charges lam ready to meet ; but it is rather too much to expect that I should sub mit to your dictation, as to the tribunal that is to adjudicate between us. Your industry in defamation has given such ex treme publicity to the affair, that it is impossible for me now to resort to any investigation of a private nature, such as you appear disposed to prefer. An appeal to a court of justice, where evidence is taken upon oath, and publish, d to the world, is the only proceeding that could be either satisfactory or effectual, as matters now stand. I shall neither be deterred by your reasonings, nor intimidated by your numbers, from the course I have been advised to pursue. That course is, to prosecute the Satirist in such a form as to give all those who have any charges to make, an opportunity of bringing them forward ; and I hereby invite you all four, formally, whether in your joint or individual capacity, to avail yourselves of that occasion. It may not accord with your wishes to appear be fore the public in support of the Satirist, but I beg► to remind you, that the libel in that paper originated solely and entirely in the stories which you circulated yourselves, immediately after my departure for the Continent. Till that period, the 14th of August, not a syllable of accusation was breathed, and then the storm burst forth ; so that your boasted forbear ance seems to have consisted in maintaining silence till my Lack was turned. I have nothing further at present to state, 'than that your charges arc false, and that I repel them with scorn, indignation, and defiance.—l am your obedient servant, DE ROOS. Messrs. Payne. B. Greville, Cumming, and Lord H. Bentinck." That, gentlemen, you will admit was the conduct of an in nocent man. Was, not that the course which he should have adopted under the circumstances, it being at that mo ment the only one open to him? because, upon receiving this letter of the 2d of December, sent to himself, he could not have brought an action upon it against the four indi viduals who had signed it. An indictment would only have put out oldie question the truth or falsehood of the charge, without vindicating his character. On the Bth of Decem ber, Mr. Cumming, acting upon the instructions be had re ceived, wrote this letter to his Lordship : ." White's, Dec. 8. " My Lord,—Being legally advised that a prosecution of the Satirist will not afford me an opportunity of calling wit nesses to substantiate the distinct charges I have made against you, and that it is inadmissible that my reputation for veracity should be mado in the slightest degree contingent on the de fence of a third party, over whom I can have no control, I take the liberty of submitting to your Lordship the propriety of bringing an action for defamation against myself, if you wish a legal investigation of our accusations, and not merely an easy verdict over a Sunday Newspaper for an acknowledged mis statement. " I have not the least dread of being brought before the public ; but should, on the contrary, seize with eagerness any opportunity to explain and prove my whole conduct in this deplorable affair, feeling confident that if I. have committed any error during its progress, it is not one which would be judged severely by others, or with which it becomes your Lordship to reproach me. " I shall not now attempt to combat the statement or imi tate the tone of your Lordship's last letter, my wish through out being to avoid angry and premature discussions, and to bring the whole question fully and fairly before any impartial tribunal. " Your Lordship prefers a legal one. A legal one let it be ; but one where I can prove my own allegations, call my own witnesses, and appoint my ow❑ legal advisers. Any other trial must be a mockery, as far as 1, and those whose names are associated with mine in a recent appeal to your Lordship, are concerned. " We proposed &committee of gentlemen, because public opinion pointed it out as the fittest ; and, tb avoid all misap prehension, I must add, that we did not mean a Committee of Graham's Club, but one composed of persons selected by mutual consent, and which we should be happy to see pre sided over by • • • • • " I offer to take the whole onus probandi on myself indivi— dually, because two of the other parties who signed the former letter are in the country. Should you prosecute us collec tively for the purpose of neutralizing part- of the evidence, we have still sufficient to prove the case. " I have only to repeat, that I am ready to prove the truth of my own allegations whenever I have a fair opportunity of doing so, and that your Lordship will not disprove that which I assert to be true, by bringing me forward to prove what I admit toe false. " I remain, my Lord, your most obedient servant, " Lord de Roos. "JOHN CUMMING." [We have reason to believe that the names submitted were the Duke of Wellington and Lord Wharncliffe.ll " Park-place, Dec. 9. " Sir—l beg to:acknowledge the receipt of your letter of the Bth inst. I promptly replied to the letter signed by you and three other gentlemen, containing the charge against me, but I must decline any further correspondence upon the subject of that charge. " The matter has been for some time in the hands of my soli citor, and you will hear without any unnecessary delay what the course is that I am advised to pursue. " I am, Sir, your obedient servant, "J. Cumming, Esq. " DE ROOS". Now, gentlemen, I again ask You whether you do not ap prove of the course Lord de Rons pursued ? The names of the Noblemen mentioned, before whom the matter was to have been investigated, were the Duke of Wellington and Lord Wharncliffe, and however distinguished and honourable these individuals might have been, all will admit that an :•ppeal to an English jury, and an investigation in open court before the world, will be more satisfac tory to the feelings of Lord Dc Roos than an in vestigation before any Committee. Gentlemen, Mr. Cum ming supposed that Lord De Roos, in order to neutralise evidence, would bring an actio❑ against the four, in order that the mouths of three of his accusers might be closed, and this would have been taken advantage of after the trial had terminated. Lord De Roos followed a different course, lie said he would bring an action against Mr. Cumming, so that all mankind might have an opportunity of coining for ward and proving any charges against him. Mr. Cum ming never pretended that he could establish the charge ; lie was made a mere cat's-paw of by other parties. Upon that letter being written on the 13th of December, Lord De Roos directed his solicitor, Mr. Picknell, to write a letter to Mr. Cumming, accepting the offer upon a condi tion to which I beg your earnest attention : " Sir,—l am desired by Lord De Roos to inform you that his Lordship accepts the proposal contained in your letter of the Bth inst. In doing so, he assumes that you will admit the publication of the letter of the 2d inst. ; and as Lord De Roos, by adopting the course you have proposed, will subject himself to very extensive charges, in which neither time nor place are mentioned, I trust you will see the reasonableness and fairness of my requesting to be informed, at the proper period, at what times and places the acts took place on which your accusations are grounded. Without such information, it must be obvious to you that Lord De Roos will be exposed to great difficulty in meeting the allegations, and with every pos• sible care may yet be taken by surprise. " I am, Sir, your obedient servant, " ROBERT BICKNELL." I may observe, that the joint letter had been read in every Club in London. Gentlemen, this you see is another to accept the challenge thrown out by Mr. Cumming, on con dition that there was to be a communication given to Lord De Roos, upon the specific charges to be brought against him as to time and place. Gentlemen, Mr. Cumming re turned this answer : " Sir—l have to acknowledge the receipt of your letter, dated this evening. I, of course, admit the publication of the 2d inst. The matter being now in the hands of C. Rankin, 4, South-square, Gray's Inn, I beg to refer you to him for any further information." . Mr. Picknell accordingly saw Mr. Rankin, who had been the agent appointed to conduct the prosecution, and intimated to him that Lord de Roos would expect to have those particulars that had been bargained for of time and place. Mr. Rankin said that was perfectly reasonable, and that he should intimate it to his principals. The action was immediately brought. The declaration was in the common form, and it ap peared that the defendant's plea was, in point of law, decidedly bad on account of its generalities. Still, it would have been wholly unobjectionable if that plea had been wholly redeemed by giving us the particulars of the charges. The plea alleges, in the most general form, without giving any specific information. After stating what it had no occasion to state, it alleges that before the composition and publication of the said supposed libel, the plaintiff did cheat at cards at Graham's club, and elsewhere. That the plaintiff, be. fore the &imposition and publication of the said supposed libel, to wit, on the Ist July, in the year aforesaid, and divers other days and times, at Uui 04i4 place, did, by cer tOß tfo4lend fraudulept memo 444 401 . oes i aci4 lit the game of cards called " Whist," and also that he, the sail plaintiff, before the composition and publication of the said alleged libel, did on the 19th of February, and on divers other days and times elsewhere, and at Graham's Club, to wit at a place called the Travellers' Club, cheat at a game of cards called " Whist," at which he was playing, and also that the plaintiff, before the composition and publica-, tion of the said alleged libel, did on the 25th Dec., and at divers other times and places, to wit at Brighthelmstone in • Sussex, cheat at a game of cards called whist, at which he was playing. Here is a plea that might have been doubtedly demurred to as bad on account of its gene ralities ; but what would have been said if Lord De Roos had demurred to this plea ? He would have been therein admitting the facts charged as being perfectly true. He did not demur, but he joined issue with them, hoping when the proper time arrived before this cause came on, that the promise would have bee❑ fulfilled, and (hat he would baxe the full pail iculars of the charges. Gentlemen, as the trial approached the performance of this promise was re quired. That promise was broken—a summons was taken out before the Jutiges, and some delay arose because the counsel on the part of the defend ant would not appear, but upon another day when there was an attendance before Mr. Justice Pattison, after a strenuous resistance on the part of the defendant, the Judge made the order which I now hold in my hand— " On the hear;n , * of Mr. Wightman for the plaintiff, and Mr. Watson for the defendant, I do order that the defendant's at . torney or agent do, on or before Monday next, deliver to the said plaintiff's attorney or agent particulars in writing of the times when and the places where, and the persons with whom, the plaintiff was playing, when the acts done by the plaintiff, as stated in the defendant's plea, were committed." Here is the Judges's order, and I must say that this order has been evaded. There has been a sham com pliance with it, but I must say it is a fraud upon the Judge's order. Gentlemen, what was to have been done in compliance with that order? The times and places, and persons were to have been specified. Would it not have been proper to have said, We charge you on such and such a day with such a proceeding ; and on such an nother day with such an act, so as that the plaintiff might be prepared to meet - his accusers. But here I bold in my band what is called the particulars, and which I must say is a mere'fraud upon the Judge's order, and places Lord De Roos in a situation of unexampled hardship : "The following are the particulars of the times when, and the places where, and the persons with whom, or some of them, the plaintiff was playing when the acts done by the plaintiff, as alleged in the defendant's plea, were committed." What do you think these consisted of ?—Lord De Roos was fifty-one days at Qraltam's Club during the season of 1836, and thirteen daYsAit the Travellers', and these par ticulars consist of these fifty-one - and these thirteen days; and, with regard to the persons with whom he was playing, it consists of an enumeration of all the persons who were at Graham's and the Travellers' Clubs during each of these fifty-one and thirteen days.—(Great sensation in the Court.) —ls this fair play ?—ls this a sincere and candid desire to have an investigation into the truth of these charges, and to allow Lord De Roos to vindicate his character ?—Gen tlemen, it is laying a trap for him—into which they expect he may fall. Application was made to the Judge, who said he was sorry that they did not give the times, places, and persons more accurately, but he said he would give them leave to file a special demurrer, which was all he could do. What was Lord Dc Roos to do %%lien public expectation was roused up to the utmost—when it was expected that Lord de Roos's trial would come on—and when there was such an excitementin the public mind? They expected that by this means his character would have been blackened, and that it would be said that Lord Dc Roos had feared to meet his accusers, and availed himself of some formal defect in the plea ; and that he had specially demurred without denying anything that luxe been charged against him. Lord De Roos was thus placed in a situation of great embarrassment. If he persevered, he was almost sure to Le defeated ; and if he withdrew, he would be covered with infamy. Under these circumstances, his Lord ship now appeals to a jury. The justification set up is likewise very artfully contrived—for it begins by stat ing that there were rumours afloat, and that these rumours were believed. Gentlemen, I doubt not there were rumours—l doubt not that tby were believed ' • but who circulat e d th em ? With what art were they circulated ? Is it possible that per sons who pretended to be intimate friends of Lord De Roos—who at the moment were courting and fawning upon him, dining with him frequently, and inviting him in return, is it pos sible that such persons may have circulated the reports, and may have, at the same time, expressed great regret that such reports were circulated. No wonder that they were believed when circulated in such a manner. They go on then to aver the truth of these charges. I know, gentlemen, that we are to have some evidence, or rather a great deal of evidence, and I am now speaking of the rumours that have reached my own cars. It has been stated that we are to hear a great deal about marking cards, and that cards were found marked at the table at which Lord De Roos was playing. Gentlemen, we shall see by and by who brings forward these charges —whether they were made promptly—for there is no maxim that is more truly founded upon reason than this, that if a charge of unfair play is to be made at all it should be made instantly, and upon the spot. You all recollect the well-known story of a person who had reason to believe that his adversary was cheating, and who took up the cards, and immediately said, " Gentlemen, I beg your pardon, but the gentleman opposite has got a false card under his hand." The card was accordingly found ; and that is the manner in which such a charge should be made and substantiated.—(Much laughter.) Will it be said that any gentleman suspected, or had icason to suspect, that Lord De Roos was cheating, but that he still played on with and against him, betted on his hand, and continued his intimate associate. I should think, Gentle: men, that my Learned Friend has too much discretion to give such evidence. Well, then, if my Learned Friend should prove that on a certain occasion the cards were marked, and even if he should call those who sat at the table with Lord De Roos, I must ask you whether that would be a case in which he was entitled to call for your verdict ? Lard De Roos's mouth is closed; he cannot come forward to vindicate himself; he is in the same situation as if he was coming forward indig nantly to repel upon oath the charges made against him, and it will be then for you to consider who is most likely to have committed this fraud—whether Lord De Roos or those who made the charge? Gentlemen, it has been stated among other rumours that some attempt will be made to show that upon one occasion some slight-of-hand was prac tised by Lord Dc Roos, the practice cf which would require great dexterity—great activity and power of muscle, and the perfect use of the hand of the individual who practises it. Gentlemen, I can show you that Lord de Roos has been for years...ins a most debilitated condition—the bone of his hand las been enlarged, and he has but a very imperfect use of his fingers ; so that it is not only morally but physically impos sible that that charge can be true. To such a degree is he debilitated, that it is necessary for him to have a contrivance to raise and let down the glasses of his carriage ; and it is ne. cessary for him to have a servant to dress him, although, before that, he was in the habit of dressing himself. I shall not .respass farther upon your time, as r know I shall have an . . . opportunity of doing so again; but I cannot conclude without stating this fact to you, which seems to me to be abso lutely conclusive of the innocence of Lord de Roos. I suppose you have heard of the stories emanating from certain persons, who were- Lord De Roos's accusers, that his winnings were most enetrneus—that he plundered those who approached him, and. tlat 'he made a sacrifice of those Whom he decoyed into his haunts. Gentlemen, it is allowed that the game of whist is a mixture of chance and science, and if Lo - rd De Roos, in addition to his skill, had had any unfair advantage over those whom he played with, his winnings must have been indeed enormous. Gentlemen, I shall show you, that during the last season at Grahi - m's, where he played 51 days—and played for considerable stakes too—in the early period of the season they were 2/. points, and the latter period 51. points, his winnings were 6304 and no more. You shall hear what the winnings were of those who say that Lord De Roos was 'guilty of fraud, and that it was by means of these fraudulent devices that he succeeded to such an enor- mous extent. On the subject of damages I shall say nothing. No damages, however large, would in the slightest degree compensate Lord De Roos for the agony of mind he has suf fered. Damages, therefore,, are wholly out of the question ; but it must be a matter of considerable importance to his friends and relatives, if you should mark, by your verdict, and by the amount ofdamages, that you believe the charges to be wholly unfounded, and thereby entitle him to go again into the world enjoying the high character he before possessed. Your ver dict will again restore him to society, and n ill be a consolation to his family and friends, who so anxiously hang upon your verdict. Mr. Bicknell was the first witness called: He stated that he was solicitor to Lord de Roos. He remembered his Lord- ship going abroad in August and returning some time in the month of November last. An action was commenced against the Satirist fur libel shortly after his return. The witness then proceeded to state particulars of the receipt of certain letters and of interviews he had with Mr. Rankin, Mr. Cum ming's solicitor, in reference to the matter now before the Court. lie afterwards went before the Judge, and an order, on the third of February, issued for certain particulars from Graham's Club, which had been read to the Court, relating to the number of members who had attended on certain days specified. Lord Wharncliffe was examined by Sir WAI. FOLLETT--He had known Lord de Roos for many years. lie had been in the habit of being in his society. He was not aware what pro perty he came into before he succeeded to the title ; but be believed he did come into some property. He (Lord Wharn cliffe) belonged to several clubs which Lord de Roos belonged to, but he ( Lord Wharncliffe) was not a member of Graham's. He had played frequently with Lord de Roos, at whist. He was an excellent player. There were several good players. Lord de Roos played sometimes higher than be ( Lord Warneliffc) did. The stakes which he had played with Lord de Roos were guinea points, and a five pound bet on the rubber. He had frequently played at Lord de Roos's house, and Lord de Roos had visited him.. Lord de Roos had two houses, one in lark-place, and another in Regent's-park. Cross-examined by , Mr. TuEsitomt.—Lord de Roos played higher than he (Lord Wharneliffe) did, He sometime; had _ice!, him playing at Si. points, and a 251. bet on the rubber. lle (Lord Wharncliffe) had played Kith Mr. Cumming., the defendant, at Crockford's, and at White's. He was al;o ac quainted with Mr. Payne, Broke Greville, and Lord H. Bentinek. Lvd RJbert Grosvenor examined b' the ATTORNEY.GENE ... .•-• • - • . ~ • • • • ~~ ~ ;w.•s i.~,,.w,. Never. RAL.—Stated that he had known Lord de Roos for twelve or thirteen years, and had been a member or clubs to which he belongedßrookes's, White's, and the Travellers', but he did not belong to Graham's. He formerly played at whist, but had not played now for some years. Lord de Roos was an extremely skilful player. There might be others who were as good players as his Lordship, but he appeared to him (Lord R. Grosvenor) to understand the game as well, if not better, than any one he knew. He had been in the habit of meeting with him in society generally. He had played with him as lately as within the last year and a half. Cross-examined by Mr. ALEXANDER—Never heard that Lord De Roos was in narrow circumstances before his father's death. He believed that he had property, but he did not know what. The Earl of Clare examined by Mr. WIGIITMAN—Stated that he had known Lord De Roes for many years ; he belonged to Clubs of which his Lordship was also a member—White's, Travellers', Boodle's, and he ( Lord Clare) did belong to Graham's at one time. Ha had frequently played at cards with him ; his Lordship was an e x ce ll en t p l ayer. H e (L or d Clare) had not played with him for soft& years, having been out of England. Henry Baring, Esq., was the next witness examined by the ATTORNEY-GENeataL.—He had known Lord de Ro9s from 15 to 20 years. He had been intimately acquainted with him, and had lived a good deal with him. He had been a member of several clubs to which his Lordship also belonged—Brookes's, White's, Boodle's, and Graham's. He had played at cards with him. He was a particularly skilful player. He (Mr. Baring) had played with him, though not very often. He had much more frequently sat over him, or near him to observe his game, and had looked on with great interest, in consequence of his Lordship being so good a player. Mr. Raggett, the next witness, was examined by Sir W. FOLLETT—IIe stated he was proprietor of White's Club. Lord de Roos had been a member for 24 years ; he became a member in 1813. He occasionally played at cards, vne rally at whist. The accounts when settled passed through his hands. He kept an account of the balance of the sums won and lost. He had not got the Club books with him. A sheet was kept, and the winnings and losings of the night were placed against each name, and the balance cast up at the ter mination of the play. He supplied the cards; they were dis posed of publicly. Fresh cards were supplied every night ; when they came from the maker's they were placed on the table and opened by the attendant. Cross-examined by Mr. THESSIOMI—In the usual way counters passed as the representatives of money in the course of the evening, and the accounts were settled afterwards. Mr. Fuller, the keeper of Boodle's Club—He kept an ac count of the members who played, as to their winnings and losings.. In the year 1826, Lord De Roos was a member of his club. Lord De Roos played four times : twice he won, and twice he lost. In 1833, 1834, and 1835, he did not play at all. In 1832 he lost every night he played. Mr. Hulse stated he was the master of Boodle's Club, of which Lord de Roos was a member. He had been a member for 20 or 21 years. He used to attend, but not latterly. When he did attend he played at whist occasionally, but he had not played these eight years. Cross-examined by Mr. THESSIGER—When Lord de Roos played he did not win enormously. He won sometimes, but he never won a great deal of motley. He had sometimes won as much as 5001. on a night, but not frequently. His Lordship played three times a week, and he would' sometimes win one night out of three. By the ATTORNEY- GENERAL—IIC 11 , 011 1111(1 lost RS other gentlemen did. He had not played while at Brookes's for eight years, nor had he come to the club - . There never was the slightest suspicion as to his Lordship's play. Surgeon Laurence proved that he had attended Lord Do Roos for eight or nine years. He has since suffered conside rably. The hands and joints are so weak as to render him unable to make any exertion requiring muscular strength. He does not walk uprightly. In answer to a question from a juror, the witness said the the stiffness in the joints was permanent since the year 1832. Dr. Hyde deposed to the state of Lord De Roos's health in the year 1835. He was then very weak. In sit ting he is obli g ed to bend forward. The disease with which of he is alicted has frequently caused stiffness and swelling in the joints of his hands, that was, in the opinion of the wit ness, a constitutional debility, not an occasional attack ; he could not perform any feat with his hands which required mus cular ability or nimbleness. Cross-examined—His hands were not in that state that he could not deal the cards at whist. He had sufficient strength to mark a card with the nail of his thumb. Re-examined—Has seen a trick at cards played by conjurors called sauter la coupe, so as to neutralize the cut; does not think Lord De Roos capable of performing it. Mr. Courtney, a coachmakcr, made certain pulleys to faci litate the pulling up and letting down of Lord Dc Roos's car riage windows. They were such as might be necessary fur a person having a weakness of the wrist. lie first made them in 1833, and down to 1836. Thomas Styles has been valet 'to Lord De Roos nearly five years, during that time his master has been in a delicate state of health. In 1835-6 he required more assistance than before. Latterly witness has always assisted plaintiff in putting on his clothes, because he was unable to do so himself. Always carved for his Lordship when he dined alone. Cross•examincd--His general hour to stop out was until twelve o'clock. He might have remained out to a much later hour, on four or five occasions, in the year 1836. Will posi tively say he was not out more than nine or ten . times, during that year. IC:-examined—During - the whole of th e season of 1836, he was in the state of health he had described. - Sir Charles Dalbiac—ls acquaintA with Lord De Roos, ever since he (Sir Charles) became a member of Graham's Club. Saw him there - often. Played with him ; was his partner and adversary, on different occasions. In 1836 has played with him frequently. Has not visited at his house, ex cept for the mere formality of passing a card. Cross-examined.—Attended the Club twice or three times a-week from February to June. Observal one member (Mr. Higgins) particularly, who avoided sitting down with Lord De Roos. At the end of the season Captain Alexander, or Sir William Ingleby, did not sit at the table when Lord De Roos played. Had no knowledge or suspicion of the practices imputed to the Noble Lord. Was not aware of the reasons which induced persons to decline playing with his Lordship. Does not think Lord De Roos was aware of what was alleged aga.inSt him. — Mr. Trisssrona—Putting the question, without the slightest disrespect, I must ask if you, Sir Charles, ever marked the honours? Re-examined—Graham's Club was dissolved on the 31st of December last. It was reconstructed—in a measure it was reformed. —( Laughter.) Declined at first becoming a mem ber of the reformed Club. Heard there were ten or twelve members excluded who belonged to the original Club. That was the case for the plaintiff. Mr. T►lEssutsa then rose to address the jury on behalf of the defendant. When he recollected the parties to the ease then before them—on the one hind a high-minded, an honourable man, who was compelled by circumstances to become a defendant in that Court—on the other a Nobleman of high connection, of ancient family, of popular and of engaging manners, of a kind and friendly disposition, accused of a grave and serious offence against society, an offence of whi c h if he was guilty, would produce r effects the most fatal to his charac ter, he (Mr. Thessiger) could not but feel the greatest degree of anxiety in the discharge of his important duty. He could not conceal from himself, or from the jury, that Lord de Roos was that day upon his trial—a trial the result of which wntdd determine whether or not he was in future to talc() his place among the nobility of the land, or be obliged to shrink back into solitude and seclusion, perhaps to betake himself into a vo luntary exile to escape the neglect and scandal is hich would at tacht o his conviction. He might be well excused if he trembled for the result of the issue, and if he expressed a passing re gret for the exalted individual whose fate then hung in the balance. But while he felt thus for the plaintiff, he should not forget what was due to his own client, who was charged by Lord De Roos, not with being a party to the conspiracy against his honour and character, but the tool, the catspaw, the scapegoat of others who had that object in view. He was anxious at the outset to vindicate the part taken by the defendant in the unfortunate transaction, then the subject of enquiry, and he trusted to lay before the Jury suffi cient to satisfy them that the charges brought forward by Mr. Cumming were not without foundation, or destitute in the slightest particular of truth. Up to the period of the occur rence on the 2d of July, Lord Do Roos had presented a bold front to the charges affecting so seriously his reputation, which he must have been aware were whispered against him, but on that day the crisis of his afte came on— his doom was sealod—tio came to the Club, where he met nothing but averted countenances. He never attempted to play afterwards, and on the 13th of August he quitted the country. After he had gone away a paragraph appeared in the Satirist nevi spaper, which unquestionably contained an erroneous statement of the occurrence. The friends of Lord De Roos, among whom, up to that time, Mr. Cumming ranked himself, were angry with this; they felt displeased that a false account of the transaction had gone forth to the public, but they were resolved, as Lord De Roos had withdrawn himself from the Club, to let the matter rest, unless he should return and resume play. While his Lordship was abroad, the reports of a suspicious nature affecting his reputation reached his ears ; and on the 15th of September he wrote a letter to an intimate friend, a gentleman far above suspicion, and yet who must have been a party to the conspiracy against his character —if conspiracy there was—threatening vengeance against those whom he understood circulated the reports to his disadvantage. He spoke of Mr. Charles Greville, and this led to a commu nication with Mr. Cumming and another gentleman, in the course of which reference was made to an anonymous letter, in which the charge of false play was unhesitatingly put forward, and the circumstances all explained in a letter to Lord De Roos. To thin Lord do Roos sent an answer to Mr. Greville, in which he took occasion to thank Mr. Cumming for his for bearance, and kindness, and moderation throughout. Lord de Roos returned to England in November. He saw that the case was running desperate against him, and he determined to take one final and bold step to recover his lost reputation. He appeared at thy Club on the id of November, and he announced his determination of bringing an action against the Satirist, which contained what his ( Mr. Thessiger's) client admitted to be, an erroneous statement. In that ac tion it would be observed that his client could not give in evidence the real facts of the case, nor could he justify his conduct towards Lord de Roos if called into the box. But he proposed to leave the matter to the determination of a tribunal best 'calculated to decide upon it. This led to a message from Mr. Cumming to Lord de Roos in which he again thanked him for his kindness and forbearance, and stating his conviction that he (Mr. Cummins, was not implicated in the malicious s!andc,ra: jdo p. J .,pag against him. One IN ( 's l -4` sl 4. , - Satirist, Mr. Cumming, the gentleman who had signed the letter of the 2d of December, deemed it right to put forward a true version of the faCts in which the plaintiff bore so dis reputable a part. The Jury would remember the expressions contained in that letter as to the tribunal which was best calcu lated to decide the subject of .dispute ; but Lord De Roos would not agree to a tribunal composed of gentlemen selected impartially, not from Graham's Club, but generally from their mutual friends, with the Duke of Wellington and Lord Wharncliffe at its head. Lord de Roos said he would not be dictated to as to the tribunal; and on the Bth of December, Mr. Cumming puts himself forward alone, the other two D gentlemen being at the time ab se nt f rom town. In that letter he undertook to prove the truth of all the allegations in a Court of Justice ; and although his (Mr. Thessiger's) Learned Friend, the Attorney-General, had laid peculiar emphasis on the letter of Lord de Roos—he, slured over that of Mr. Cumming. Lord de Roos knew the forbearance of Mr. Cumming, and at this moment he was aware that but for the honourable feeling of delicacy of that gentleman, tlore was that in his (Mr. Thessiger's) pos session, which would conclude the cases against him. Mr. Thessiger having read the letter of the Bth of December, proceeded to express a wish that this case had to be decided upon by a number of gentlemen unfettered by the restraints imposed upon them in a Court of Law, because there were many circumstances which would weigh conclusively in their minds, but which could not strictly be admitted as evidence in a court of justice. In the ordinary occurrences of life—in the intercourse of society, there were thousands ofcircumstanccs would occur which were capable of demonstration, but which could not admit of legal proof, where they were fet tered by the strict and technical rules of law. Lord De Roos knew this, and yet he would not leave the decision of the ques tion in the hands of men of undoubted honour--of sucti men as Lord Wharncliffe, who was exaniined before them, and to whom his honour and his interests were most dear. He knew that the accusations against him would necesssarily take a wide range, and yet he would not abide by the verdict of those who could decide upon it without fear and without reproach. He (Mr. Thessi s e ) ho. e'er was not afraid of the result in that Court, and he confidently asserted his ability to prove the charges preferred against the noble panel. They eliallenssed him with having acted unfairly in two particulars; the first by marking the cards, the other with the use of the trick called seater la coupe, as it was called in French, but which in our own more homely language would be known as reversing the cut, or slipping the cards, These were two distinct acts, which would be proved in evidence. And it would be necessary to enter into some explanation of the manner in which each was practised. It would •he ob served with regard to the marking the cards that the game of whist was generally played by four, and that therefore the deal would come round to each pair once in four deals. A player, therefore, who wished to mark th e car d s s h ou ld wa i t f or his opportunity of doing so, without observation.- It was uncer tain to whom the honours would be dealt, and those who intended to obtain an unfair knowledge of what was in his adversary's or his partner's hand should wait until fortune, or chance, threw to himself the honours of the pack. They Would show that Lord de Roos was in the habit of marking the cards, with the nail of his hand, on the face of one of the corners—the effect of which was, to make an indenture on the front, and a sort of ridge or wave, which was immediately discovered by a practised eye. Ile charged. Lord De Roos with reversing the cut—with, by some shuffling on his part, bringing up that card which was below as the trump card and which invariably was an honour. Dr. Ilinde had given it as' his opinion that it was impossible for Lord de Rues to practice any legerdemain of this kind from the state of his health. Evidence had been given in order to show that it was impossible for his Lorilihip to play unfairly, - because of the state in tablets his- joints were through ill health, but his Learned Friends could .not rely on such evidence as that— they could not rely upon opinion merely,' when it was in their power to have brought before the Jury direct proof of that which was allowed to rest on opinion. His Learned Friend the Attorney- General had not dared to ask any of those noblemen who before this detection were the fit associates of the Lord De Roos in what state of health his Lordship actually was. They had the evidence of his valet as to the state of his Lordship's health, but it was in evidence that his Lord ship 's health was not in such a state •as to prevent shim from frequenting —daily frequenting —and playing at the Clubs. By the evidence as, it stood now, Lord de Roos was proved to have contrived to play 50 or 51 nights, and frequently to have put into his pocket from -lOU to 5001. a night. The Learned Attorney-General had stated that, during the whole of the 51 nights which the Lord de Roos had played at .Graham's, h, •had won only 6001., but he bad not dared to call any one to prove that assertion, he - had called witnesses from White's, from Brookes's, and from Boodle's, but lie had avoided the dangerous ground of calling any one from the Travellers', or from Graham's, He (Mr. T.) would be able to prove indisputably, that whenever LOrd de Roos was the dealer, he was seized —opportunely, perhaps—but he was seized with an infirmity of health. As the deal came round to his Lordship, certain. he was to be, seized at that moment with a violent fit of coughing, which obliged his Lordship to put his hands under the tabre, and it happened most singularly that upon all such occasions that card which had been an honour at the bottoM of the pack was invariably the turn-up card. It would be said that these things having been noticed, why had not the Committee interfered ? Why was it that those gentlemen who had observed these matters had yet continued to sit down at the same table, and continuo to play with the Lord De Roos? That was easily answered because of the high station in Which his Lordship stood—the high character which ho bore these failings were attri buted to ill health. A summons had . been taken out, which called upon the defendant to appear before a Judge, at Chambers ; the counsel who then appeared for the Lord de Roos asked with much apparent satisfaction, " Who has been cheated—whose money lies been won ?" Now he ( Mr., Thessiger) could not for a moment allow that success was necessary, in order to make out a charge of chelting. He would suppose, as had been put forth by his Learned. Friend the Attorney-General, that the ace of spades was in the hands of a gentleman unfairly, and that the fork was put through it. Suppose that that same Gentleman was turned out of. the club before he had reaped any of the fruits of his roguery—would any one say that he had not cheated ? The plaintiff charges us, with having dealt with unfairness towards him. He says that he Is not aware of what charges he is brought here to answer. If the Noble Lord had gone before the tribunal to which the defendant wished the case to be sub m itt e d, th e gent l emen who would have for me d that Committee might have sat day by day, and have fully examined into the charges brought,a,gainst him, while in a Court of Law 'they were obliged to bring their defence vvithia some proper compass. A summons was tike out for the particulars of the charges ritkala against the plaintiff—they wore given them—they were thotight by the plaintiff not to ho eafficient. Another summons was taken out, but the Judge on hearing all parties, decided the particulars were full and ample, and refused to grant. the application for fur ther particulars. He would then proceed to detail the cir cumstances whieji led 'to this unfortunate explosion. In Ja nuary last year the Lord De Roos was at Brighton for the benefit of his health, and wishing to combine business with plea sure he attended, closely attended, the club-rooms in that town. There he sat down to play a game at whist with a Mr. Higgins, Major Fancourt, and another gentleman whose name was 'not known. In the course of the play, Mr. Higgins, who had been warned by a relation of his, closely watched the manoeu vres of his Lordship; and he observed that, upon every occa siaa•whert his Lordship had the doal, he was unfortunately seized with a fit of coughing so much so that he was compelled to put his hands below the table. Mr. Higgins of course could not tell what then took place ; but the result invariably was, that an honour which had been at the bottom of the pads be fore he was seized with the coughing was turned up as the cut card upon that occasion. A bet had been entered into upon the game between a Mr. Holmes and - Major Fancourt. Mr. Higgins thought it his duty to mention the circumstances, which he had observed ; he deired that the cards which had been played with should ho taken care of ; they were ex amined next morning, and all the honours had been marked in the manner in which ho had before described. The fact was communicated to Mr, Holmes, who most honour ably refused, under th e c i rcumstances, to take the money which he had won. In February the Noble Lord came to,tovvn—he was followed by Mr. Higgins, who up:in the 16th of February found him playing in Graham's club-house with a Captain Alexander of the. Nary. From what had transpired before,' Mr. Higgins thought it expedientao have the cards with which Iris Lordship was then playing retained by Mr. Graham— they were examined next day, and all the aces and kings were found to bo marked in the 'manner which he bad de. scribed, Tho cards with which his Lordship was playing on the lath and 15th of the same month were known—were examined, and found to be similarly marked. From that day, Captain Alexander declined to sit down to the table at which his Lordship was sitting. Mr.. Higgins, not wishing to bring on an explosion, sometimes played when he was at play, when- his Lordship cut in, but declined upon all occasions when it was in his power. The suspicions which had been raised found their way to a gentleman of most high character, a particular friend of the Noble Lord's, Mr. Brooke Greville, who at first would not believe them, but took steps to find out what was the truth. He was convinced of the cor rectness of the charges, and determined to see whether his Lordship carried the practice into other Clubs. At the Travellers' he gave instr uc ti ons t h at t h e cards with which Lord de Roos - played should be retained, for examination. They were examined, and they were found to be marked in the same manner. Some of these cards had been unfortunately sold, others had been preserved, and would be produced to the Jury. A meeting of his Lordship's friends was held, and it was determined that the best course to be pur sued was to send an anonymous letter to his Lordship, stating that his unfortunate practices had been found out. His Lordship continued to frequeat the olubs, which had been much remarked upon by his Learned Friend ; but if he had not alone se, it would have been an admission, of his guilt. He went there, and tor a time abstained from his unhappy practices, but be resumed them again. Mr. Cumming had for a long time abstained from playing with his Lordship, but thinking these unhappy practices had all been given over, he commenced again, and in Mus Mr. Graham, who had been a ll a l ong carefu l ly , watch ing-the cards played with by his Lordship, found that they were again' marked. It became notorious to the Club, and the gentlemen whose names were attached to the letter de termined that it should no longer be allowed. On the Ist of July Mr. Payne, who observed those practices of his' Lordship while he was playing, gave the cards to the waiter, and desired that they might be roteined for examination. They were retained, and were found marked. He would prove snesa Cti ne tiv •- be practices had been 4,a'aTa4 iu his tnat these five on assare, $lO ...,ruship's play during prove by indisputable of most respectable Noblemen and .....—that suspicions had been abroad during the whole of that time as to his Lordship's fair dealing. Ile would call before them Sir William Ingilby i who, though he had never played with his Lordship had obso.vecl these practices a hundred times. He woul.l call bef)re them Mr. Payne, who upon one occasion when he was play. ing with his Lordship, observed that the ace of clubs in the cut was the lowest card of the pack; that his Lord ship was unfortunately seized with a fit of coughing, which compelled him to lower his hands below the table, and by some unaccountable means his Lordship had coughed the ace of clubs as the turn-up card—by some legerdemain that which was at the bottom had conic to the top. It might bo pressed upon him that those parties who pursued him had played with him after these practices had been detected —that the Committee ought to have interfered—no doubt but from the Noble Lord's high character, no one in the club was willing to bring the charges against the Noble Lord. That evidence would be laid before the jury. In his opinion it would make out an ample justification; and though at the present moment when there was an oetcry against all that was great and noble, be would be sorry for the slur that would be cast by the guilt Of his Lordship being established; still it was the duty of the .jury to decide the case upon the evidence, and whether Me weal or for woe, to do justice between all parties in the spirit of their oaths-. John William Graham examined by Mr. ALEXANDER,... Succeeded his father in conducting the business of Gra! o w s Club twenty years ago. He always purche'sed his cards from Messrs. Hunt. The cards wer* placed in a drawer in the bar. When they were called for for they were taken out of the envelope and the string cut. He kept a book, in which the names of all gentlemen who played were entered. Lord De Roos became a member of the Club •in 1823. In February last year Mr. Higgins and Captain Alexander were members of the Club. Captain Alexander made a communication to him, in consequence of which the cards with which Lord de Roos played on the 16th February wcre aken particular notice of, and examined next morning. They were found to be marked by a small indent on the side' of tha card. He thought the mark had been made by the thumlenail. Ile examined those cards which were used on Ilia '3 h rind 15:11 Feb. by Lord de Roos, anti they were all m Irked in the same way. It was only the aces and kings which were marled Lord de Roos played every day except one, up to the 22d, and all the cards were examined, and found to be marked in the manner described. His Lordship played at the Club on the Ist of July, and never after. During that time, in April and May, the cards were not marked. After that, in June, the cards were marked again. On the 19th June, Lord De R9OB was playing with the defendant, and Lord W. Bentinek. - Wm. Graham examined by Mr. ALEXANDER--I -am the master of Graham's Club, and have conducted the business for 20 years. I received the cards from the Messrs. Hunt. They keep books in which the names of the gentlemen who have played every day are entered, so that I can tell the names of the players on any given day. Lord de Roos was eletded in 1823. The morning after the cards were sealed up, 4 .'ney were examined by Captain Alexander and Mr. Higgins, The cards were found to be marked. The sides of the cards were marked by an indent made with the thumb nail. The cards of the lath and 15th of February, were marked in the same way. The aces and kings only were marked. I examined the cards from the 16th to the 22d July, the whole of the time his Loraship played at the Club, and I found the cards marked. On the 9th June Lord de Roos played, and I found the cards merited. His Lordship pla3ed in the nysrning and evening of the 25th June. His Lordship cengbed, and I saw him put his hands under the table. I did lint see the cards under, but his Lordship moved the cartia, and the ace of dia monds was turned up. I delivered two of the packs found Marked to Sir Wm. hie* / ; these Cards had been marked on the 30th June, 7'..nd his Lordship played both on the morning and evening of that day. I never found the cards marked, except when Lord De Roos was playing; I examined all the cards from the time they were first used, ob. the 4th Febiaitary, to the day Lord De Roos came to town, but none of them were marked. Witness here enumerated the gentlemen who played on the different days Lord De'Roos played at the Club; they were Sir C. Dalbine, Mr. Higgins, Mr. Grant, Mr. Cumming, Captain Alexander, Col. Bailley, Mr. S. atop, Major Rennie; Mr. Sams, Mr. \Vigney, . Mr. 111'Taggaxt, Mr. Brook Greville, and Mr. Labouchere, and his Lordship. Cross-examined by the ATTORNEY. GENERAL—The Club was left almost entirely to his management—he earns his live lihood by it. The determination to dissolve the Club was come to in March, but not made public till the 11th of June. His object in doing so was to leave out certain names, not to exclude anybody, but to form such a Club as would enable him to earn a livelihood. I could not live by the old 'Club, and was losing by it year after year. I wanted to form a Club at which there should be amusement and moderate play, and_ that' could not be done without leaving out the names or 'sonic gentlemen vtlio were fond of deep play. I cannot men tion names, as the list was not made out, but there may have been ten or twelve of the members of the old club who were to be , left out. They put down their names, but were not included in the list. In the last five years the club has not been going on confortably ; for the last three years quite the reverse. There was no, sus picion of unfair play till the season of 1836. Lord De Roos was elected in 1823. Mr. Alexander was the first person who spoke to me on the subject. He attended fifty one days during the season of 1836. I made no complaiut .to bins during that time. I gave no caution to the members. I • paid at the end of the season 665/. to Lord De Roos as the amount of his win nings, with some trifling deduction of 201. I can't say whether that was the largest sum paid 'to any winner, as gentlemen sometimes drew their money the day they won it. They sometimes returned the counters, and got credit on their ac count. I have no doubt that many gentlemen won considerably larger sums in that season. The witness was repeatedly asked if other members hal not won four times that amount; but he coul I not state positively. In former seasons he had known a eentloman win 2,000!. at a.sitting. I have two waiters and a boy. I would not allow Mr. Bicknell to put questions to the waiters in my presence. They were examined 'by the defen dant's solicitor with my permission. I never made any remark to the gentlemen who were playing at the table of what I saw. [The trial was not concluded when we went to press, we shall give the ►emainder in a Second Edition.] The Countess Pozzo di Borgo, who performs the honours of the Russian Embassy,. will give a grand rout on Monday eveninr , next, at Ashburnham-h ouse . Th e invi tations includ e all the rank and fashion who have arrived in town. It is with sincere sorrow we announce the death of Mr. William Die':inson, of Kingwcston, formerly • M.P. for, and an enlightened and useful magistrate of; this county. Mr. Dickinson had for tome months sojourned at Naples, from an affectionate solicitude for his daughters, whose health reqUired the benefit of a mild climate; and died on the 19th of January, in the 66th year of his age. --Taunton Courier. Much interest has been excited among the inhabi tants on both sides of the elver, below bridge, by the an nouncement o: various Companies, that they intend to ap ply to the Legislature for Acts to enable them to form collier docks. There will be six Acts applied for, but it is supposed that a Select Committee of the House of Com mons.will be appointed to determine on the mosteligible site. The prevailing opinion appears to be in favour of Rother bithe, near the Grand Surrey Canal Dock. By letters received yesterday from Clumber-park, it appears that the Countess of Lincoln has so far recovered from her late illness that the noble .Earl was. expected to leave immediately for town. We are happy to say that the change of weather has caused the influenza to disappear almost entirely from Brighton. It has been very severely felt in the country districts.--Brighton Gazelle. The coachman of M. Mecus Vandermaclen, of Brussels; has, it is said, gained a prize of 5,000,000 f. in the last lottery drawn at Vienna. On being informed of his good luck, the fortunate coachman relinquished the box, hoping soon to have carriages and servants of his own.— French Paper. Salmon-fishing commenced at midnight on Tues day. The fishing has been very successful in the north of Scotland. In Glasgow the supply has hitherto been and the price as.high as 3s. to 3s. 6;1. per lb. The stocks are principally from Stirling and the Tay.—Glasgow Chronicle. J. Barneby, Esq., M.P., is stdering under so se vere an attack of the prevailing epidemic, that his medical attendants would not permit his removal from Worcester, where he was seized on his journey from London to his re sidence at 4rockharapton.—Herdiwd Journal. On Mo'nday last, a towing steamer, called the Lon don, while plying about the river in the neighb our h oo d . of Execution. Dock, 'Wapping, got athwart the tide, and in endeavouring to get her end on for the purpose of proceed ing up the river, ran d own a boat con t a i n i ng two men , wh o narrovqy escaped with their lives— one b y c li ng ing to the bobstay of the vessel, while the other was picked up by a Waterman in a boat which was passing, and who took hint ashorein a most exhausted state. The boat was swamped, and the steamer went over it. A few days since, a respectable man, a coal weigher, while proceeding along the river in a waterman's new boat, met with the swe ll o f a steamer passing rapidly along, by which the boat was capsized, and he was only rescued from drowning by the activity of the seamen be longing to a brig, who picked him up and dragged him on board. The coal-weigher has commenced an action in one of the Courts of Westminster, for the recovery of damages. Lord Balcarres has not let his house in Berkeley, square to Lord Brougham. Lord and Lady Brougham arrived in Berkeley-square from Worthing the brliinning o f January. Tlic Countess Nelson, Ducheso of Bronte, who was united to G. E. Knight, Esq.. oa Tuesday, has been thrice married—first, to Georg: , ". Oki& Barlow, Esq. ; se condly, in 182 J, to the lat.:,tiev. Earl Nelson ; and, thirdly, to Mr. Knight. IIP: e Ladyship is the daughter of Sir R. Barlow, and 5i. ,. . , er to the Dowager Viscountess Torrington. V BY 1 ' .d w ill . ' o f the . - r ...der, the estates of the deceased, at Roehamptoii, have been left to one of her Ladyship's nieces. She bequeaths 5001. to a public charity at Stamford, and a small legacy to the present Marquis. The report of the principal part of the property being left to Lord Thomas Cecil is incorrect. Sir Francis Burdett has been confined several days by a very severe attack of the gout and influenza.—Brighton Gawf lc, . t•:~:~a~r^-e