The Express.
London, England, 1847-05-08 00:00:00

COURT OF EXCHEQUER.

Sittings in Maw.
CaOCX7oan e. LORD MAIDSIONR.—WAS CROCKFORD'a
CLXIiS COMXOa GAMINO-liol:8118?—This action, it may
be remembered, was brought by the widow of the pro-
prietor of Croekfoni's Club, in St. James's-street, to recover
the noble defendant's entrance fee and subscription to that',
establishment, and also the price of dinners and wines sup-
plied at his request. The defence set up at the trial before
the Lord Chief Baron, at the Middlesex sittings after last
Michaelmas Term, was, that the club in question was a com-
mon gaming-honse, and that, therefore, the plaintiff could
not recover. Thirty•seven pounds were paid into court to
cover that part of the droisnd which the defendant acknow-
ledged himself liable to, and a verdict was taken for the
plaintiff fbr 311. On the 15th cf January last Mr. James
obtained a rule calling on the plaintiff to show cause
why that verdict should not be set aside, and a
new trial had, on the ground that the teamed
judge had misdirected the jury. Mr. Hnmfrey, Q.C.,
showed muse yesterday against that rule. The misdirection
complained of was, that the learned judge told the jury that
Crockford'a was not a common gaming house, and that the
plea was not supported unless the jury believed that the ex-
clusion of persons who were not subscribers was merely
colourable. It, was proved that the club was accessible only
to those who had become subscribers to it, and that it was
not open to all the weed, or to objectionable persona. It
was stated, hot it did not appear in evidence, that subscrip-
tions were exacted only from those who had not played, and
that those who did play were exempted. The defendant
claimed to be exempted on the latter ground from the pay-
ment of his entrance or subscription fees. The learned
counsel was proceeding with hie argument, when the court
intimated an opinion that the ruling of the Lord Chief Baron
was right, and that they concurred fully in it.
Mr. Cockburn. Q.C., Mr. B. James, and Mr. Jones, were
then heard in support of the rule. The evidence at the
trial was that hazard, whist, and other games, were played
at Crockford's ; that they commenced always shortly after
midnight, and continued until two or three o'clock in the
morning; in the afternoon they were resumed, the late
Mr. Crockford himself generally presiding at the hazard-
table. The playpen or object of the club, therefore, was
gaming ; and it did not matter whether the subscriptions
were paid annually or by the night, as at • common brothel,
which was a public nuisance. Not only did the 12th Geo.
11., c. 34, subject persons to penalies and forfeitures for
setting up or keeping places or rooms for play, but there
was an authority in 3 Memo and Welsby (p. 434), ex-
pronely deciding that the game of hazard was illegal
wherever played—even in a man's private house. The evi-
dence in the present case was, that hazard was the ordinary
game at Crockford's, sad that it was played at all hours of
the day and night.
Mr. 'Baron Parke aid, the evidence might have supported
the plea if the allegation had been that Mr. Croaked
kept the club in luestion, the main object of which was the
playing at hazard and other illegal games, not that it was a
common gassing-house.
The defendant's counsel contended that the plea was, in
effect, the same as if it hfd been framed in the manner sug-
gested. it was clear Creditord kept the club for the pur-
pose of affording every facility to play at hazard and other
Mild games, which was an infraction of the law. That alle-
gation appeared sufficiently upon tho plea, which, it was
submitted, was fully 'ripened by the evidence.
The Lord Chief Baron intimated that the court were of
opinion there should be no rule for a new trial, if the plain-
tiff would consent to take the verdict for the amount found
by the jury, minus 211. (the sum elsimed as the entrance fee)
Mr. Humfrey was not prepared to assent to that proposi-
tion, and the court took time to consider their judgment.