The British Press; or, Morning Literary Advertiser.
London, England, 1825-08-20 00:00:00

Mr. IT ART had no doubt that that gmtleautn wood rags an

II is LoRO9/llp considered It extremely important that he should,
emit theretore desired that that should be done, and a copy of it sent
to hie Lordship on Tuesday next. At present, putting all consi-
derations of fraud out of the case, his Lordship was most clearly of
opinion, that if the plaintiff were turned out of possession by force
of Mrs. Mackmordo's ejectment, he would undoubtedly have a
right to retain possession under the lease Mr. Amory had granted
to him • but then he might bargain himself out of that equity,
either Ilernself or his agent, and therefore it was that Mr. Ash.
ley'R afir davit would be extremely important.
The Solicitor for the plaintiff said, Mr. Ashley was at present at
Chelmsford, but he would make every exertion to get the affidavit
by Tuesday.
His Lonnanirt said he should be very glad to receive It, and
then would do the best he could with the motion.
BUSINESS OF THE COURT.
The Loan CrtaricELLog—liare you any other motions to
make? . .

No answer being given to this question, his Lonosnt, asked
whether there was any thing that required his attendance to-
morrcw (this day) ?
Mr. HoRNE-1 do not know that there is any thing to trouble
your Lordship with to-morrow.
Mr. Kiriour mentioned a case which it was desirable might be
heard as early as possible.
Mr. MONTAGU, Mr. Holum, and Mr. Scones also men-
tioned some cases that were standing for judgment.
The Loan CHANCELLOR—If I can have to-mo►row tin.
occupied, 1 shall be able to get more done for the partiel on Mon-
day, when I mean to give judgment in several cases ; whereas, if
to-morrow is to be engaged, I must postpone some of them to
Tuesday.
MOTIONS FOR INJUNCTIONS.

In answer to a question from AIL Sudden,
His LORDSHIP observed, that whatever injunctions might be
wanted to be moved for after he had risen, and while he was in town,
he would hear them ; but if anytmotion of the kind should be re-
quired to be made after he was gone out of town, he begged it to
be understood that the Muter of the Rolls would hear them.

JUDGMENTS.
MARTZ BAXTER—IN RE MARSH AND co•
Mr. HORNS begged to remind his Lordship that he had in.
rimmed the other day, that in case his opinion should undergo a
change upon the circumstances of this case, the parties should be
informed of it.
The LO 13 CHANCLI.LOR—Yes but no rethetion that I have
been able to give the case, has altered my opinion at all.

wnowNE v. DE TASBLT.
Mr. Hortsrx—May i be allowed to mention this cape to your
Lordship, which in now waiting for the judgment of the Court?
The Loan CH•NCELLOR—Yes you may, Mr. Home. The
papers in this cause arc very voluminous, but however frightful
the aspect of them may be, I will endeavour to look at them in as
short a time as possible.
Mr. Hon N E—l do not think your Lordship will find the case so
bad when you look into the papers, as appears by looking at
them.

LLOYD V. ST. Intres.
Tin ATTORNEY•OENLRAL •. LORD MAYSTIELD.

Upon his LORDSHIP being remindedof these awes, he ob-
served, that with regard to the Ant, it required ten days' considera-
tion at least before any person could come to a decision upon it.
lie meant to make these two cases form part of his amusement
during the long vacation, as it was called. Ile had nearly looked
into all the old bankruptcy case,, and he meant to exert himself to
give judgment in them all in the course of the next week.
Ills LORDSHIP then rose to leave the Court, and bowing to the
bar, said, " To such of you an I shall not have the pleasure to
see again, I wish a happy vacation."

PALACE COURT, FRIDAY, AVOI:ST 19.
LIABILITY OF STAKE-HOLDERS.
Ev•ws V. BEN BURN.
Mr. Titompsow said this was an action brought by the plaintiff!,
a sporting gentleman, agaimt the defendant, a well-known pugilist. !
for the recovery of the sum of 61. which had been placed in his hands
stake-holder, to abide the issue of a bet, but which lie had with.
held and improperly disposed of against the usual (in such cases)
given undertaking. The defendant pleaded the general issue.
3lr. FLAN w.tomg, in stating the case to the Jury, observed, this
was one of those actions which lie considered set aside the solemn
forms of adjudication in Courts of Justice, inasmuch as they, from
their character and from the generally disgraceful circumstances
attending them, ought never to be pushed forward to the detriment
of public time and public justice. The case fully exemplified the
effect of profession upon the disposition and morals of certain indi-
viduals; as in persons pursuing the "avocation" of the defendant
very little, if any, moral or honourable feeling or faith of any de.
scription could be expected from them, and consequently such
results ax this action displayed might have been anticipated from
any communication had with persons of that stamp. The cir-
cumstances of the case were briefly theses--The plaintiff, a
gentleman of some celebrity in the sportirg world, laid a
wager of five to one with a 31r. Grimley, in the month of June
last, and the 61. by mutual consent was deposited in the hands
of the defendant Burn, who united the professions of publican
and pugilist. In some tine after, the plaintiff wanted a decision
upon the wager, and applied to defendant to appoint a thus for
deciding it, and a meeting was appointed at the house of Tom
Cribb, the retired, or as he was termed, the ex-champion of Eng-
land, a distinction which the Learned Counsel did not at all wish to
dispute with him ; but yet, he thought it rather an impudent as-
sumption. However, the meeting was productive of no declaims,
and at several other spurting houses, Tattersall's, dm The de.
fendant refused to give up the money until a decision upon the
wager was given by the referee, a Mr. Kirby, • who, from knowing
both parties intimately, refused to decide, and Cribb also declined
any interference. At length the defendant, to the great surprise
of plaintiff, informed him, Mr. Kirby had, upon Ascot-heath
Race-course, decided against him, and he had given up. the money
to his opponent Grimley. The plaintiff made inquiries and as.
eertained that the money bad certainly been given up, but he
rather thought without consulting the referee at all on the subject,
and Mr. Kirby eventually declared he had not, upon Ascot-heath
or any other place, ever decided the wager; neither had he ever
any such intention, although he admitted having formed an opinion
upon it, which opinion, he positively declared, had never been in
any way expressed to a human being living. Upon this discovery,
the plaintiff brought his action to recover that money. of which, by
this breach of confidence and faith, lie had been improperly and
fraudulently deprived.
The Counsel for the plaintiff called Mr. Volley, Mr. Clark,
and another, who proved the wager of 5 to 1 being betted, the
plaintiff betting the odds, that Grimley could not clear him of an
joint betting between them which they had entered into with
other.. They also proved the repeated application to Burn
for the money, but he refused to give it up until Mr. Kirby
gave his decision, but that gentleman refusing, Grimley refused to'
have any other reference, and declined meeting all parties at a place
appointedito decide the wager, when Burn said lie would keep the
money for ever sooner than give it up. The witnesses afterwards
heard, to their great astonishment, that Burn had given Grimley
the money, knowing that Mr. Kirby had never decided.
Mr. Kirby was called, and proved he never had decided the
wager, from a kind feeling towards both parties, who had repeat-
edly urged him, but he would not. lie never bad even expressed
his opinion on the subject.
This was the plaintiff's ease, and
Mr. &Lieu addressed the Jury for the defendant, declaring that
whatever observations the Learned Gentleman on the opposite side
had thought it necessary to make upon the influence of " profes-
sional pursuits" upon moral character, the present defendant would
be found to stand in a very fair, manly, and honourable point of
view in this transaction, which arose out of Evans and Grimley en.
tering into a partnership bet upon some sporting transaction of 7 to
4. But when the time of deposit arrived, Evans did not appear
" at the scratch" with his share of the money, and Grimley re-
leased him from any concern in the wager, which he took upon his
own ace,unt. Evans, offended at this, and considering Grimley
had no such right. betted 5 to 1 that he had not, and the defendant
was made stakeholder. The referee, a person of the name of
Kirby, would (although it appears he is not a very „decided"
character) be proved to have given his decision at Ascot-heath in
favour of Grimley, anti the defendant, acting under this decision,
paid over the money to hint.
Mr. Grimley 'proved having early in the lest month received
from Burn the 61., as the wager had been decided by Kirby in his
favour. _ _

Jr.l Selcock. of Peter's Pariah, St. Alban's, surgeon, stated that
he was on the Course the second day of the last Ascot-heath Races,
and was standing near a booth with Kirby. Bum, Orindey, and
one or two others. Burn asked Kirby what he should do with the
money ? Kirby answered. "Oh, that bet: why give it up to
Grimley ; he has won it." The witness heard no more about it,
but the conversation he described certainly passed.
Cross-examined by Mr. FLAINNAGAN—Did not know any thing
about the bet before, and knows but little about it since. Is a sur-
geon, and lives at St. Peter's, in St. Alban'''. Cares but little
about the business or for the Counsel who examined him.
itir. FLANNAOAN here begged the witness not to answer so
flippantly, but to preserve good manners and decency of demeanor.
The witness, who folded his arms on the box and stood forward,
observed he was not guilty of any ill manners.
Mr. JLAY HAGAN—I:au, sir, are a surgeon and a bit of a sports-
man,

- -
Witness—That is very Immaterial. Confine yourself to the
case.

Alr. FLASXMIAN—You
roan/ other heaths ? go to Ascot-heath Races, and indeed
Witness--You have just said it. Ido occasionally.
Mr. FLANNAGAX—Von probably bleed persons there?
Witness—W•hy, I will bleed you, if kis necessary.
FLANNAGAN—'Thank you, air, bin I will dispense with
your skill. Are ynu acquainted intimately with boxers and the fol.
towers of the ring ?
Witness—No, I am not Intimately.
Mr. FLAIINAGAX—You will do me the favour of giving me a
trus and civil answer to this question a Ave you not the proprietor
of a roulettestable ?
Witness (angrily)—No; it It's false.
The Jormix (Br. Bender) called to the witness, and advised
him to answer civilly, and not in that manner.
Mr. FL•POVAGAN—But you belong to a gambling-table?
Witness—l do not; sonic of my tonally may have attended such
places.
FLAX:(AOAIf —About what time of the day did you bear
this derision of Kirby's.
Witness—Between one and two.

FLANtrariax-114;;;btx n drinking that day ?
Wimeas—No; I had not.

Mr. FLA xLiteax—What not a drop of anything/
Witness—Nothing but my breakfast.