The Express.
London, England, 1856-11-26 00:00:00

LAW INTELLIGENCE.
THIS DAY.

COURT OF QUEEN'S BENCH.
ETTIIIOII AT MUMMA AT ITITTNINITZA.-BIPORZ LOAD CANTALLL
AMP ♦ IPACIAt JIAT.

CVLVIRWILL O.

.-♦CTIOY UPON ♦ PYQ,

MISSOZY ISEITIA-EXTRAOADINARY CASE.

This was an action brought by the plaintiff, Mr. Culver-
well, of North-street, Clapham, to recover 2,000/. upm a
promimory note, drawn by a person named Atkins, and
accepted by the defendant.
The defence was that the bill was given for money lost is

Mr. flerjunt Shut appeared for the plaintiff, and Mt. E.
Jame. and Mr. Hawkins for t!e defendant.

In consequence of the nature of the defence, Mr. E. James
opened the use for the plaintiff first.

It appeared from his statement that Atkin' was the
tee •per of a gambling-house in Albemarle-street, and that
the defendant, a young man, and the son of a wealthy
anion manufacturer (cow deceased) near Manchester, lost
' altogether at this house between 25,000/ and 28,0001. The
game played was hazard, and the present bill was one of a
series of securities which he hal given to the keeper of the
bank for money borrowed. The facts are detailed in the
evidence given below.

John Sidebottoin, the defendant, sustained by Mr. Over-
end—l am partner in the firm of Sidebottom and Co., cotton
manufacturers at Manchester. I live at Herawood Lodge,
in Cheshire. In 1846 or 1847 I came up to London. I was
not then in the partnenhip, but lived with my father, and
had an allowsince from him. In 1447 I was 27 or 28 years
of age. My father's place of business is at Mottram, near
/decanter. I assisted him in his businen at that time,
Ho allowed me 3001. • year. I came up to London in 1816
or 1847 one visit. At that time I had never Was been in
any gsming.house. When in London I made the acquaint-

mice of James Atkins. I went to an hotel. I was le Lon-
don a few weeks, and lived at an hotel I believe I was
taken by a person now dead to a house in Albemarle-street.
It went lay the name of the Berkeley Gambling-
house. I went in the evening. The game of
hazard was going on. It is played with dice,
When I have been there I have always seen Atkins. Ifs
eat at the table, and mooted to be the money lender. There
were two bankers. They were called croupiers. Atkins
was one of them. He sit ate small table at one side of the
room. He seemed to mike the general management of the
plate. The persons almost always play with counters.
They are given oat by the croupiers Money is paid for
them. When the parties have no money the croupiers ask
Mr. Atkins whether they shall give them counters. When
be gives his consent the croupiers hand the counters to the
parties, who give bills, and sometimes do cot. I have often
obtained money in Chet way. I gave I 0 U's end
cheques for them. Having obtained the counters,
I went beak to the table, and played at the game.
Ou the fleet night I played 1 think I lost 8,0001.
I think it was the first night I ever played at hazerd. 1
think it wee in 1847. 1 made visits to London the following
years, and each time 1 went to the Barkley. I mat Mr.
Atkins almost on every mutton. I custinued to go there
until 1852 or 1853. Daring that time, from 1847 to IM2,
er 1853, 1 went about twelve Simms. I cannot pay positively
what I lust altogether, but I think it was between 2.5,0001.
lend 26.0001. 1 think I paid of that sum about 15,0001. or
16,0001. The cheques and bills produced are for gaming
aaaaa actions—for money lost at play. The I 0 U, dated
9th June, 1847, was given to Atkins at the gaming table
for counters. He holds other securities beyond that
for which he is now suing. A bond for 4,0001.,
a warrant of attorney far 3,3000!. and some
bills or other securities. There were sometimes other
parties in the room when I played and sometimes not.
After I ceased playing Atkins came down to Manchester to
ask me for the payment of the money I had lot. The
warrant of attorney was given in May tb,e year. Before
gate it I had been premed fur the payment of two bills.
and the bond was given in azelmage fur them. When 1
lost my largest sums 1 was playing spinet the bank alone.
I played sill night and until the next morning. There
were refreshments in the house, champagne and other

things. They were supplied by the'ptoplerof the house. The
welter went round and asked who wanted ref reehments.

No other consideration IMO received for the btlls except
the counters for gambling. The cheque produced
bean my signature. It is made poyablo at a banker's. I
had no account there. The budy if the bill is in the
handwriting of Atkins. I wrote myself "payable at
the London and Westminster Bank." I told Atkin' I did
not like it made payable at my banki e!. Ido not know
whether Atkins banks there. It was given either in ti-
thing' for ea I 0 U for misters, or for counters them-
trite'. It was given fur money lo,t at play at Barkley's.
When I gave the acceptaste Atkins said it should never be
negotiated, but nit it should be reamed It I could not
meet it. _ _ _

Croat-examiaed by Mr. Berjeant Shee—Between 1847 and
1832 I was • constant frequenter at Barkley's, and
never went to any other gambling•boute in London. I
have been at a gambling house at Dot caster and Newmer •
ket ; ones st • house of that description in Manchester, but
never at • gambling-bouse in Liver' 001, Corster, Paris,
nor any place abroad. My father died in 1849. In 1848
he gave op the business to me. It is still being carried on
by me without any partner. I have not made over an
sasignment of my property. I gsve a bill of sale on the
mseninery, and a mortgage on my other property to
my mother for 43,0001. When I made them over I had
only two &those against me—this one and another upon
• 20,0001. bill. Ido not recollect ever wicning 1001. at any
one time at bawd. Ido not play roulette. I play whist
and billiards, but no other games of Ounce. Between 1847
and 18.52 I did not live very extravagantly. Is Leicester-
shire I kept ten hunters; sometimes m.:re and sometimes
km. Sometime+ I had ruin horses. I have lost some
mom on the turf, but not much. Ido sot recollect even
paying any money to Culverwell. I recollect there was •
bill drawn upon me by Atkins in 1949 for 1,2001. In Fe-
bruary, 1831, I very likely gave another acceptance to him
for 1,0001. It is very likely, also, that 1 paid • bill of the
same 'mount in February, 1832, to Atkins. I know • per-
son of the name of Robert*. I did net play
with him at billiards and divide the profits.
borrowed any money from Atkias unconnected
with gambling. Tee cheques primly,: were given to me
by Atkins. They were not for money borrowed for my own
use. unconneated with what I lost at the house in Albemarle.
street.

father was a man of very large for-
tune. lam his eldest con. I think Atkins was a pert pro-
pr.etor in the table both at Doccester and Newmarket. I
heard of Calverwell's name until this action was
brought against me. The letter produced, dated Doncas-
ter, June 9, 1156, is in the handiveiting of Atkins.
Mr. &roast Shee objected to its being given In evidence.
In reply to a question by rte jury, witness said he had
had no transactions with Atkins beyond what be had stated,
except last year be raked Lim to got him a loan in the
Cl•y, in order to pay di the money be bad lost, as he did
not wish his affairs exposed to the world.
John Orty—l live on Bermondsey. I was formerly in
the metropolitan police. lam superannuated, and receive
a pension. I know the Barkley, in Albemarle-street. I
have known it esversl years. 1 LIGOW Atkins. I have seen
him go in and out on a great number of occasions, from ten
at night until four in the morning. Being sergeant, I had
to visit the men who was s.ationed there. I have gore into
the house on two or three occasions for the puqoee oinking
any one into custody whom we found in it. The charge
would be for frequentiag a common gemioghouta.
There were two doors of unusual strength; one wee
in the passage and another at the foot of the stairr. I hive
passed up stain. The outer door was always opened for the
admission of the police when they knocked. There was a
doorkeeper. The gelatinise shutters isrstsirs were generally
closed. There was either a billiard table cr another large
table covered with green bane. I have seen gentlemen in
the room. By the time we pot up there was nothing doing.
(Laughter) They were sorAing, talking, and sitting
about. I know Codifies Pitcher. 1 havi seen him go in and
out frequently between ten at night and four in the morn-
ing. I have seen him go in and:come out with Atkins, as
well as Cone.
Mr. James am a publican sit Stoke Newington.
I 6w/slurried on business there about ten months. The
drawer of the bill produced is in the handwriting of At-
kins. I have known him thirty years. I have been in
partnership with him in keeping a gambling-house. I have
left the business about sixteen year, tri en 1 first knew
him he was doorkeeper, or rrter, at 160, riccodilly. which
was a gambling-house. I took him in partnership at a
gaming-house at the corner of Albemarle-street. It wee
called the Stick Shop. (Laughter.) The person who
kept it sold sticks and umbrellas. The next gaming-
house we kept was in St. Jsmei'astreet, over Dodd's,
the tailor's. I know Calvet's/ell, the; plaintiff. When
I first knew him, he was a tailor. He has retired
from lindens, end yes in North-street. Clapham. I Dave
seen hips en several occasions at then gosling-houses with
Atkins. I bare beast! Atkins apply to him for money—
' that is whets his money came from. I have known lekine
lend him mosey. Atkins would say to Culverwell, "The
bank broke lest night, and we want some money." He
has advanced money, end be Du asked me whether
thought he would be safe in no doing. The first money was
advanced for Albemarle-'treat—that is about twenty
years ego. They have known each other f r that
period, and, perhaps, longer. Cuirerwell has lent
Atkins between 1001. and 2001. at a time. I was
then in partnership with Atkins. We dissolved
partsenhio in 1841. (Laughter.) The bond produced to
the deed of dissolution. Cuiverwell used to be the "linnet"
—that le • bye-word for a rerson who pretends to play when
any stranger 0010:115 in. but always wire. (Lsnakier.) Saw
him vet us " bonnet " at Altins's table and mine. Charles
Pitcher was also a "bonnet." Atkins knew him well.
We then were concerned together at 160, Piccadilly.
Pitcher was the " bonnet" there.

Supposing the boned sties ?
Witnest—Well, he g Uy do. (Laughter.) I boo
beard applications made to Calverwell to lend mooey upon
bills. I koow what loaded dies are.l (Some dice were

t Jaded to witness.) I think them see loaded. Thor* sre
otkm due, whi:h are gonad tt chapati Li,"
Lwd C 'uphill-1 saver heard of ° dispatches " before.
)
Witsow—This dice pinblior it op) is Itaded to make •
yssi„alert aasabee tarn up. The dispatch dice have double
flees ',Weald. sizes. They are is favour of the table, 1
sh...:d my. fifty to ova—in pain, all the world against um
‘Lesehter ) They are changed for other dies, sometimes
uy the •• maim, sad sometimes by the room-pc rtes.—
oi nen is," silt is termed. (Lisgeter ) I bays seen them
need st Atkiss'e table, but I have 'tempi tried to get then
seal as soon as possible. lam speaking both of loaded die*
sad diapstches."
Cror..szemined by Mr. &resent She.—l have bee.
• use- d with Attains shoat ten pease altogether. During that
time wr s airtimr used loaded dice and it dispatches." I
lewd to get them away se von es possible, became I did not
lika to tam thew...possibility of employing them. I
Mused the money whet% we won with them from you.'
stn—they
did use the ° dispatches," hot I hope I am a
bit:a man now. My public.tooss Is fa Osten-
lase, Stoke Newingtoe. I kac.t the Wheatabeaf, at Huai
imersinith, for ten 'eats. I have buns • ° basset."
Ohm I ea,' up this business I have not been is the habit of
guise t gambling-bousee. I have, puttery bees to one
in London. I want tr one in C 1-street, and to
another in Rupert-street; god also to ono at New-
market. lam the father of Mrs. Atkins. I doa't kaow
t-et husband has been out of tea way fora month or Biz
weeks. 1 have
podia', in ray life. It was through .. savertisemeat in the
; ipor that I bees.. acqssintad with him. I went it: Mr.
Abramson, • solicttor, to whom the application wen to be ,
made. He asked me for informatioe, aced 1 gave him all the
basking kohl' and papers. I have not seen Calvtrwell in a
gambhsg-bouts for suttees yetis.
Ite-easisined by Mr. R. James—Culverwell aide clothes
for the " bonaets." (Laughter.) I have men ° bon-

net," .te military costume, and in all shape and forms.
(Laughter.)
This concluded the ease for the defendant. _

lilt.]

EXCHEQUER CHAMBER.

lITTINO# IP 1111101.-11.0•11 NI. MIMICS COLIIIDSN. m /Wile

•
CMISIBMILLL MU IPRIcs RIUMTIIIAM. MM. ICIRIC\ WILLIAMS, MIL
M.TICE MMII. MM. JUSTICM Cl4O/111101% MM. 11.1111 CS WIL& SUM

OBAHAIII, SART V. SWART.—JUDOXIIVIT.
This was a writ of error flora the jedgment of the Court
of Ezeltiquer, whom decision was in tamer dill. defendant.
The question involved was as to the right of the defendant
to "stool, fish, and fowl " over certain leads called the
Clint and Woodside Allotments, on &manor called Bailey
Fi pe.
Br. Jostle. Coleridge, Mr. Justice Crisman, Mr. Justice
Wightmas, Mr. Jostles Williams, Mr. Justice Crompton,
and Mr. Jestice Crowder were of opinion that the judg-
ment of the cones below ought to be annual ; and Mr.
Justice Erie sad Mr. Justice Will..eoaafdemd that it might
to be reversed no far as the right to sport over the Clint
atoment was coaeerned.
Tho majority of the judges Miag of opinion that the
judgment of the court below was right, it was aimed
accordingly.

ROCHESTER CONSISTORY COURT.
(THIS DAY.)
POMO DI. 11011MIIIMIII. CLIICILIAL
SUM (MAIM) AND 079111 9. Tallllll, AND 71
7AZIORIOPIIIIIII OF 01111.9 11ADDOW, 1111111,21 X 91311191
. .

This was an application by the riser Ned Charchwardens
of Oren Beddow, near Chelmsford, that a faculty nould
be striated for repairing the pariah churn. It was opposed
by a Mr. Parker, sad a number of the parishiewen, on the
ground that the 'lianas pew. wen (a good repair, that
they afforded audionnt &commodities for se many persons
is until, attended the church, and that the proposed alien
boat would, in fact, It sees the anther of sittings.
Dr. Rthertsoa said there wee a wide dinrepanoy between
the statastate of UM two parties as to the number of sittioge
at present in the shun. Oe behalf of the 'pont
nets it was mated that there were only 331 ;
and that the prvosed alteration would (screen
that number to 392. On the Mbar hand it was
all gal co behalf of the opposers that there were
already 396 ; but that number appeared to bare boon as,
rived at fitetly, by including sinus@ not is pews, and
secondly, by attribnneg to Ms pews a larger number of
sittings tbs. could be reamaably den. He (Dr.
Winnows) was of optnion both Wit the propasd
alterations would materially thereon tbe amens ties
of the wish cherish, aid that each lawmen meommoslo.
nos was necessary. He should grout lb, fealty ea metals
conditions; bat be would grebe se order as to sofa, for be
woe unwillie to thereon the irritation whin uslmippily
prevailed at Great Beddow.
The Welty (which slightly modifies this plum) is, there-
fore, not to tow lad! a eontraot for the work km hen en-
tered late, sad a salsiest sea colleetsd by priests toe-
Windham

COURT OF BANKRUPTCY
1111/0111 Ili ONIMANINVIIa INLEIND.

IN ZOCOUTON.
The bankrupt was a merchant of Frielaretreet, and el
Sldaey. This was the airtibove mareatiag.
Mr. Rood appeared tor the eealisess ; Mr. Lawrence for
the bankrupt; and Mr. Lieklater See • ',editor.
Mr. Uskieter asked ter have lb* weft adjourned, on
the erased abet sow keel yeessellose were greisi ea Hea-
ving, wig& might be ,{;'bleat) by the seas beteg seas
rate id tame assesst. TM 111 is, if peesevered Is.
smell be sell gesiseelel est swedes sea ; time was
sane pores el emeerambe, vie bomb te tie seism;
bet II Ms Mots wen sew diseasselt it was sot potable
that the meeprosdas weal& be oweise est.
Mr. lead lid abre tbs yessefie., wblsb Iled been In-
'tasted Wilda Mlllllofieft sad as tableau had
to be aim. eumashies, is Oasts,*
sad r.riees pole a die mold, vas set likely that the
natter solid be bees& Ina trial la Mu titan • twelve.
south. He vellarsased abet a Mused gentleman had bean
oftopaed losrtilal days Is ~Spanks the Interrogatories
&bac.

i 1;. La./ram—Mt Woo inibb• Mr to esk the qua
hogs, how loaf will a 'LIPID =NM Mont 0
that then was • prespest•l • 41111011414119 Dar(eg=
sad that the result would to brooleal to the alas. the
hoot si=kl sat °Neat to g Asa egjognat et.
Hie then oaks these eiessasegoese ft
wee assigehle 11: 11
2" Ike the qualiew ef .sedition
EWA be a boa mill It wee assortaiged
whether the of the litigation eashi he drawl by •
by • gen newt.
4 attrgene foe a tersoieht wee orilorog.

CENTRAL CRIMINAL COURT.

(THIS DAT.)