The Express.
London, England, 1846-12-09 00:00:00

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et the play witness's suspicion was excited at the constant
leek of Connaty. He 'brays won. Witness remarked that
Genre time Crary bad a fresh park of cards, and the king
came into lrs hangs, he pinched the corner. Every
limy he
dealt the cards, le either turned up the king or had his
re* hauls. dhotis 2 o'clock in the morning Rosette left the
ts go home • but witness him to
=sillasn= the play. ' Five or six packs of cards were
geed that night. After the Baron Rosette returned,
a blue
pad of cards was placed upon the chimney:piece. Each
party had his own pack of cards. lie examined the blue
pack of cards, and afterwards he observed that Mr. Cennaty
marked them. At first he did not perceive it ; but
when his fingers were tired, and he could
not do it
so quickly, he observed the movement When the
king ought to go to his adversary he kept it to
himself. Witness communicated his suspicion to Baron
Rosette, who afterwards watched Connaty whenever
be had four cards in hand. He noticed that he alwsys turned
up the king. Mr. Connaty having won, a proposition was
glide that they should play double or quits. Captain De-
'essilse suggestsd 50 points, but Mr. Cooney wished it to be
100. Captain Desondcs lost about 3,000 franca. When
his
he
observed how Captain Desondes was toning,
laud upon the cards, and said they should not continue play-
-I[r. Demurs asked him why ? He didn't know .
He replied, " Because you are playing with a cheat." Upon
that, Mr. Cannot/ rose and ex d,
" What do you y?"
seed he repeated, " Too area thief and a cheat" lie aho
mid, that r he never spoke of anything without proving
he must let him know that he had noticed the kings were
masked. Connaty answered, "If that is so, and they have
got into my hands, let us put the cards into the fire, and
begin with a fresh pack." Desondes replied, " You can't'
understand what Mons. BOUThier said to you. He callßosestte
you
a cheat, and I don't like to play with such people."
and M'Donald then sealed up the cards of each player. ThuM
was done at the suggestion of Baron Rosette, upon
the
Connaty proposing that the cards should be thrown into
ire. Witness was afterwards present at the court, at Tours,
when Mr. Connaty was tried. He gave evidence. Dr.
Holdnro Ali was a wanes, on behalf of Mr. Connaty lie heard
Crary condemned on that occasion to two year' impri-
sonment. Witness was afterwards present at the court at
Blois, when an appeal was made from the court at Tours ;
and also at Orleans, where he appeared as a witness.
Cres-erinined !He arrived here on the 2nd inst. He
refused to give his evidence in the ruse at Tours. He said
he would not give his evidence at an hotel, but he wishediving
to
give it before a jury. He was a proprietor at Tour, l
upon his income. IHe was the owner of two houses, and
000
he
sold one about eight month* owner
of
was lfor 1,
francs ; one he lived in himself, and the other he sold for
102,000 francs. He was a very good billiard player, and he
sometimes played at cards. lib could not say what was
the largest sum he had ever won or lost. lie MU called as a
witness at the court at Orleans, and persons were examined
to prove that he was not a man to be believed. He was a
notary's clerk when he was 12 years old. A fellow clerk
said ho had looked through a window, and bad observed
him taking money from his master's cash-box. Mons. —,
the notary, was then sent for, and he said it was an infamou
calumny. They persisted in their story, but nobody paid
any attention to such people, as they had only just come out
of prison. (Laughter.) He was not in the habit of remai
the
n-
ing at a rife until 6 o'clock in the morning. It was
circumstance he had mentioned which induced him
befor eto stop
on the occasion in question. Mr. Holdsworth left
Rosette and Deaondes. Mr. Holdsworth was a winner, but
be did not know the amount.
The depositions of Made. Da Silva at Tours was then put
b, to prove that Dr. Holdsworth had resided at her house,
and that he left his lodgings suddenly, being her debtor to
the amount of 3,000 francs.
Other evidence taken under the commission was else put
in, chiefly with a view of proving that Dr. lioldsworth and
Mr. M'Donald were on terms of intimacy at Touts and at
Ornseey. The examination of Wm. Taylor at Guernsey
proved that a club called "the British Club," was established
at his house by Mr. M'Donald and others ; and that he Ire-
gamily law Dr. Holisworth there playing at cards.
Oh
one session he heard Capt. Trapeaud call him a toward.
Is aninised oopy of the result of the proceedings before
the Omit de Carstaim was then produced.—Leon de Carney
Ling said he resided at Guernsey, and kept an hotel and
eseierboase. lie knew the plaintiff and Mr. 14'Donald.
He Int saw them at Guernsey in 18,48, towards the end of
the per. He bad seen them together at his house ;
cards
bed lived at Guernsey. lie once saw them playing
tesether at his house in one of the last three months of 1844 ;
tr. was (earth. Mr. M'Donald bet upon Mr. Holds
ho played against three French gentleman one after
the ether; they ware, all losers. Hie suspicions were
82•16•81. and he told Mons. Armand, one of the gen-
tlemen. not to play aity more. lie had observed
when Mr. Holdsworth was dealing, that he made a partici'-
. ler inweennent. He noticed some shuffling, but he could not
✓uder how it was done. He noticed that when Mr. Holds-
weuth ihatMed the cards, M'Donald Raked witness to fetch
seerthingt Witness consequently told one of his waiters to
need by Mr. bl,Donald and to fetch him what he wanted.
He himself stood exactly opposite. Mr. lioldsworth won a
coadderable sum.
Mr. Priaulx, a gentleman residing at Clifton, said that in
1844 he was living at Guernsey, and was a member of the
' Civil end United Service Club. lie often saw Dr. Holds-
•soseth and Mr. M'Donald there. They were in the habit of
r licarti, and their practice was w
ere in bi'
at
himself behind the opponent of Dr. lioldsworth,
emir= 11.'Donald played as 4carte Holdsworth betted.
• Tim played with any one they could find, and
of always won.
to
• 'Arno was generally a challenge on the part M'Donald
for so much. and the challenge was accepted
- Meklinvorth, provided somebody would go helves
JAIL On these occasions Holdsworth invariably lost.
f like bed noon the bystanders pay, but he never saw Dr.
Mehleworth
i pay any money to M'Dnnald. He once lost
r. ato Mponald n cutting for cards. He left the room on
• that semi= and returned, when he saw M'Donald still
Mmes with the cards before him. M' Donald proposed to out
~ be doable or quits, as he had not the money in his pocket.
'Witness then offered him his revenge in twenty-four cuts,
and in about live minutes he lost the money which had taken
hie ao hour and a half to win. (Laughter.) Dr. 'letdo-
wn& fired to play M‘Donald, if he would go him halves
Whams agreed, and they played a rubber of three games.
Dr. Edgeworth lost. At the close of the play it appeared
that Dr. Holdsworth had won nominally 7001. or 8001. from
Mr. IrDonald. This was done in about holt an hour, and
so mew paused between them. The plaintiff lost when
whams was bit partner, but when hi'Donald was playing
with Heidaworth, M'Donald invariably lost. Witness bit
about 1161. lb once challenged M'Donald to play &certain
somber of games for 1001. a game, provided they both
played on ass side of the table, and witness and his friend
on the other. Before he put the stipulation the proposition
was incepted, but immediately afterwards they refused, be-
muse witness's friend was not in the island, and they could
sot stop. They would have bad to wait a week. lie chal-
lenged them on an occasion when ice found them proposing
to play at &call with some young officers who had just
joined the depot at Guernsey.
Croes-examined : Witness was born at Guernsey ; but he
bad no property there. lie joined the club in the year
1842. He was not an habitual player. Us was a billiard-
player, but he was not in the habit of winning. The
Urgest sum he had ever won or lost at cards or billiards
was nothing near a hundred pounds. Re was an independent
aro, Beim upon his funded property. Ilia success at play
did not add to his means of subsistence. lie occasionalallyso
,
made bets, and had played at rouge et AMT. He had
tra at hazard, but only on two occasions, and he knew
ag of the game.
. Captain Cyrus Trapeand said, in the year 1844 he was
at Guernsey,
_and became acquainted with Dr. Holds-
-• sad Mr. WThmald. M'Donald was a candidate to be
dried • ember of the Civil and United Service Club, and
he wee Inaek-balled. Dr. lioldsworth did not become a can-
. Nada. The British Club was afterwards formed, and wit
nem joined it. Dr. Holdsworth had left Guernsey for a dtoldor
lies, and spas his return in the autumn of 1844, witness
hha that MI. IL.Memaid had been black-balled in consequence
of letters laving bun received from Tours. Hie reply was,
Bathe woad maw them pay for it—he would bring them .
wkumat s? Ike poisons who had been the cause of
Donald's WWI black-balled). In the beginning of 1845,
ihtitnese having been Dr. Holdsworth's friend so long, told
~ hie the reParla that were going
.about. lie mentioned to
.• him that he had heard of his winning large sums of money
1 kem different parties. lie also alluded to an IOU of Mr.
t Weed. and begged that he would give him an explanation of
sae affair. lie said that Mr. Wood challenged him to pry,
.-011 that he (Wood) lost 1441. Witness told him that Mr.
, Wats story was, that the I 0 U was for
~ WI. oily, and that the money had not been honest] won.
_ Mere bather conversation took place, and witness told him
,s his (witness's) friends were looking shy upon him for
I company with him. and he advised him to bring the I
Sm.
into the court at Guernsey. Hs promised him to de
...!.
the the had not kept his word. Witness also mentioned
reports which had been going about in refiners
't the " Kilkenny business," meaning some play which
=tithed with a Mr. li'Lean, One morning Dr.to ,
went to him and said, " It is my intention
gives. play altogether, with the exception of eel gams'
eterbilt, for I am getting into so many squabbles becomes Pa
Witneas once made an appointment with Dr. Hilo-
yank at the club, and aMr.Pearce same there at his(witaines)
• moat. Dr. Holdsworth than produoed a document re-
mating Mr. Wood's I. 0. U Witness then asked him if
bebad not been playing at fewer on the evening of the day
Bunke had told him he would not play again ; and he did
. nen deny it. RiUsiss said he had hitherto been his friend,
bat he would now be his bitterest enemy. lie said he could
netterk upon him in the light of a gentleman, but when he
• . And dewed his character of what he had heard he could meet
trifia. He told him he was a liar soda blacliguard, and
; . oldsworth taking no notice of it, he said " Dr. Holds-
. vortb, if you bad the spirit of a man you would knock me
• deers foe what I have told you." He replied, "No; I am not
And
be imprisoned for that, but when I meet you in
d I will give you a thrashing." Witness said, No ;
4't not going to imprison you, but if you put your finger
UPS me I willthruh you, if I can." Dr. Holdsworth then
, Wet away SA fast as he could, and witness called him a
Ward as he went down stairs. Shortly afterwards he left
dissinsey.
Croszeramined.—Shortly before this Mr. M'Donald and
snetber person had been in prison at Guernsey for striking a
Seas. He was fond of a quiet game of whist, and he occa-
played at Axis*, but he never played the latter game
rthal l. *Ronald or Dr. lioklsworth.
. Mr. Sun, the defendant's attorney, said, Mr. *lf=
sod ethos had refused to give evidence under: the commis-
AIM
ASS Maria Lumbey, a dress-maker at Guernsey, proved
Abet she was formerly servant to Dr. Holdsworth, and that.
lrwiLutidwith him to Weisbeden, accompanied by Mr.
z
. After an absence id some months they returned
le Ostrow.
Mr. Moron, a tailor at Leicester, proved that in the year
1838, Dr. Holdsworth was living at Helots:, about eight

miles from Leicester. He made clothes for him, and be
west away. in 1839, leaving a bill of 341. unpaid. lie said
be was going to tell his furniture, and that he would pay
him out of the proceeds; but he did not keep his pronuse.
He hail never been paid to this day. Dr. tioldsworth was
at that time a general practitioner.
Mr. W. Jackson, another Mamma at Leicester, gave
similar testimony.
The depositions of several other witnesses abroad were
then in, and the case for thc defendants wasclosed.
Sir F. Thesiger having replied, widths Chief Justice sum-
med up, the jury returned a verdict for the defendants on
all the pleas of justitica. ion, but found two portions of the
pleas not proved and it was agreed that in the event of the
mart being of opinion that those were material toda the Wi
One
nes,
• verdict should be entered for the plaintiff—mages
The
Ferthin.
court did not rise till 10 o'clock.

COURT OF EXCHEQUER.
Juries-
NistPairs.—Beibre sir Y. Panora. C.a. and somisl
O'Bitinx v. CLuitnirrs.—Linsx.—Mr. Serjeant Murphy,
Mr. Lush, and Mr. P. McMahon were counsel for the plain-
tiff ; the AttornerGeneral and Mr. C. Clarke f e
or
m th
defendant. This was an action arising out of the circu-
stances which originated the cause tried at the same time
in the Common Pleas, brought by Mr. Fitzgera
O'Brien to recover damages for a libel published upon the
16th of Feb. last, in " Metes Life and Sporting Chronicle,'
of which the defendant is the registered proprietor. The
alleged libel charged the plaintiff with laving been
the associate and confederate of two persons who
were expelled from the Royal Western Yacht Club for
cheating at cards, and that the plaintiff caused himself to
be proposed as a member of the club, but was blackballed.
It further stated that a few days before the plaintiff was
ballotted for, he gave " a crack entertainment," which was
graced by all the rank and fashion of the neighbourhood,
and next morning, after having been blackballed, he
" bolted," leaving the poor tradesmen &c. victims of the
plaintiff's love of display. The libel proceeded to state that
the course adopted towards the plaintiff was prived by sub-
sequent events to have been a judicious one, as it appeared
that he and another had been engaged in " nefarious trans-
actions" at Tours and in Guernsey, of hi they were
convicted, and for which they had been imprisemed. "In
Ireland," it was stated, that ' they bad equally disgraced
themselves, and Plymouth had a good riddance of eneas I
blacksheep, whose infamy was equalled only by their how
deuce." To that part of the libel relating to the alleged
proceedings in Tours, Guernsey, and Ireland, the defendant
pleaded under the 6th and 7th Victoria, c. 96 (better known
as Lord Campbell's Act), that it was inserted with
out malice or gross negligence upon the part of the
defendant ; that an apology was published at the
earliest possible opportunity: and .that the defendant
tendered ten shillings by way of amends to the plaintiff.
With respect to that part of the libel referring to the=
transactions at Plymouth the defendant pleaded a j
tion. Issue was joined upon the first plea ; the second and
third were traversed, and thereupon issue wujoined. From
the statement of the plaintiff's counsel it appeared that he
e
was an Irish gentleman of some property. Ifs
resided
the past five or six years in London, where he renewed his
acquaintance with a Mr. McDonnell, also an Irish gentle-
man. In August, 1845, the plain ti ff was introduced at
Plymouth to a Dr. Holdsworth. While there he was hos-
pitably entertained by many respectable (alines of the
neighbourhood, and by' way of making some return he gave
(as the libel stated) a ball and supper to some forty or fifty
persons on the 7th of October. There was no pretence for
asserting that that entertainment was given for any gambling
purposes, and the statement that the plaintiff bolted the"
day after the blackballing without paying the tradesmen
remained
was equally unfounded. The fact was, the plain tiff
in Plymouth for some days after he was blackbalded. The
led. The
concluding part of the libel was totally unfoun
defendant alleged that that part of it was inserted in his
paper by mistake, and without malice; if that was so he
should have apologised for its publication. The plaintiff
was prepared to negative all the charges in the libel, but
as a plea of justification had been pleaded when evidence
was adduced to sustain it, then would be the proper time for
the plaintiff to rebut W. If the plea was not proved the
jury should ant' rich damages the
would mark their opinion
of the defendant's conduct, who persevered in a calumny of
this description, and could not afterwards prove it.
The publication and proprietorship of the newspaper is
question having been admitted,
The Attorney-General, addressing the dictionfor the dohs&
ant, stated, that if any apology or contra of the pws-
paph had been asked for, the defendant would have made
it: no application bad been made; and he did not intend to
prove the justification, which would cn'itle the plaintiff's
counsel to a reply. The fact was, the defendant made in-
quiries into the whole matter, and he was not able to sustain
his justification. He was, therefore, now prepared t
oo give
dcy
a
public retractation and apology fornthe charge of con
with the parties expelled which had been made against the
plaintiff; but, under all the circumstances, it was hoped the
jury would consider nominal damages sufficient.,
with 301.
The jury returned a verdict for the plaintiff
da;tr.
RIRN a. BRYaNT AND OTHERS.—This was a similar
action, by thersretedglaintiff, against the registered proprie-
tors of the P 1 and Deoonport Weekly Jowrnal for the
publication o the same paragraph, except that part of it re-
lating to the proceedings at Tours and Guernsey.
The same counsel represented the plaintiff as in the former
reen-
mer
case. Mr. Cockburn, Q.C., Mr. Hoggins, and Mr. G
wood were for the defendants. On the case being called,
Mr. Cockburn admitted that his clients
and two had madothers. the
charges in the libel against e plaintiff
Upoa inquiry, the defendants ascertained that they were
justified in making there chargees against the two other per-
sons, but that they were wrong in making them against the
plaintiff. They had been altogether misled by the a
and ppsrethe
nt
intimaoy which subsisted between those persons
plaintiff, for the short time he was in Plymouth, and that
was the only caused his having been charged as a co
of theirs. The learned counsel expressed his readiness to
five, on behalf of his clients, the amplest apology for the
imputation they had cast upon the plaintiff's character •
they regretted sincerely they had been led into an error, anii
were now prepared to submit to a verdict which should
carry costs.
The Lord Chief Baron observed that the plaintiff's honour
would in no degree suffer by accepting that offer.
Mr. Serjeant Murphy said that after his lordship's intima-
tion he would not go on with the case.—A verdict was then
taken for 40e. damages.

INSOLVENT DEBTORS' COURT.
Before the Chief Commissioner and Mr. Commissioner Phillips.
A rnannutxrcr PREFERZNCI.—Judgment was given in
the case of John Glindinning. He had assigned the bulk of
his estate to his sister, whose story wee that she had been in
the habit of lending her brother sums of money, but on his
requiring a certain loan she required him to give her a
seca ur
hantyrzi,dhienwcountrueene7 g h
malce er threameter nitonghtoer tank
whole
of his property, and gave her a bill of sale.com-
missioner) disbelieved the story. Be thought it one of those
cases in new
there was not the slightest debt between the
parties, the transaction being for the benefit of the insolvent
himself. If she did advance her brother money, it wu on
his part an undue preference ; if not, it was
tae most fraudu-
lent contrivance for the purpose of securinghproperty in
the family, and of defrauding the creditors. It now ap-
peared that the parties had quarrelled, and the sister refused
to utast her brother to regain his liberty. It often happened
that confederates in guilt turned enemies, and so it appeared
here. lithe man would not endeavour to negotiate with his
family, it was his own fault. It would be inconsistent with
I justice if the court did not mark this case with a severe judg-
ment. The insolvent would be remanded, therefore, for
1 eleven months, for haviag fraudulently made away with
1 property. The court, at its rising, adjourned to Friday next.

ASSIZE INTELLIGENCE.
NORTHERN CIRCCIT—Yost, MONDAY ETZNING.
This morning at nine o'clock, Mr. Justice Croswell, and
Mr. Justice Williams, eat at Guildhall, where the city grand
jury were sworn and charged. Their lordships afterwards
proceeded to the Mansion House, to breakfast with George
Hudson, Esq., Id .P., the Lord Mayor of the city of York.
A distinguished met their lordships. At noon their
lordships ed to the county courts at the castle, where
the grand jur7 for the county were sworn and charged by
Mr. Justice Croswell, who observed that he was sorry to
find that the calendar was a very heavy one—exceeding. in
number the example of any former yowl—charges appearing
W have been recorded against no !Sneer than 130 -or ISO
persons many of them of a most aggravated descrip-
tion. 'The calendar gave intimation that a great many
of the prisoners are wholly uneducated ; and those possessed
of some education have received it in a very slight degree.
They might therefore still hope, that by increased exertions
is educating the rising generation, an amendment in their
morals might take place.
Before Mr. Justice Williams.
lIIGHWAY ROBBERY, AND COURAGEOUS Dam ca. —J.
Conley, aged 33, was charged with having, with two other
persons, assaulted Mr. R. Haigh, in the parish of Sandal
Magna, and stolen from his person several half-crowns and
other moneys. The prosecutor is a farmer living at
rough, in the countyof York, and was returning from Wake-
field market on 23rd Jan. last, when he was stopped in
Bretton-lane by three men. Two of them seized the bridle
of his horse, and a third man attempted to pull him down,
plying a stout stick over his back. Mr. Haigh attemted to
aisengsse his horse from their grasp, and to ride off; but,
failing in doing so, he dismounted, and, single-handed, he
resolutely resisted his assailants for some time. He knocked
down one, and then another of the gang, but was him-
self ultimately brought to the ground when the thieves
succeeded in getting about 20s. from his trowsers' pocket.
With this they were preparing to decamp, when the prose-
cutor sprang on his feet, and seized two of the thieves by the
hair of their heads. He thus held them for some time, when
the third man stabbed him with a knife, inflicting a wound
on his thigh. Mr. Haigh had also several teeth knocked out.
One of the men escaped from his grasp, but he kept hold of the
other until a person named Stephenson ,whohappened to be tra-
velling on the road, came t named assistance. The man so aecured
was found to be a person Webster. A second of the
gang, named Shaw, was taken into custody a few hours after-
wards and the two men were tried at York in March last,
and transported for life. The third person, Conley, es-
caped, and has only recently been captured. The facts were
brought home to him chiefly by the evidence of the wife of
the transport Webster.—The jury found Canny guilty.—ln
summing up, Mr. Justice Williams complimented the prose-
eutor on the manly and brave resistance which he had offered
to his usaibuits.--Sentenoe deferred.

SOUTH LANCASHIRE.
A SwbPl Winter Assize for the Southern Division of
Lances commenced yesterday, at Liverpool, before Mr.
Baron Rolfe and Mr. Justice Wightman. Their lordships
arrived on Monday evening, and opened the commission.