The British Press; or, Morning Literary Advertiser.
London, England, 1822-10-28 00:00:00

THE CHASE.

Hi. Majesty's stag heals& inset ibis day at Golan Farmer
Hill; sad oa Friday at Virginia Miter—rack day at tea

- Os Friday seosight, Awn( is foe chase through Seller's
Park fame. Nalnaker, Saw; Coned, Wyselhan net with
a violin fall, is cooneomace of his horse eteppirg Ist. a
poss.helr, vibes in full speed, by *hick the Colosel re.
nand iseeniiiie for in sissies: happily. perm wiliest
plalessas, who witseesed the accWest, upend a mole mod
,caned the C,eleeel to esiimaties.
The ilsooltledos boson will meet os Wedoesday at Wen
E 4 Telegraph ; sad eis Friday at Westbury Hone—at tea
o'clock each day.
The Hannhire hosed* will meet so Wedneedey snot at
'Andras Cosmoses ; Thiusday, at Herriard HOolle j and
Sets/deb at Altbetsons Dows—at tea o'clock.

THE Ali Y.

Major. General Sii D. PACE sande his holt-
lusty lespectiose of the >a hattaliais of 34 puree venter
the seetross4 of Giese. schine, st Plpsoetlii os 'Woo-
dsy the 14th, so which onosides the 114ajoraseerst was
radicalise!, Floored with the sipeneswes of the corps, sod
esprenred hieself noels @Misled with the sesetssionee Is the.
del, which were 'nested wilt gear alacrity see presides.
Tbe tellewlegfirwrises Order appeared la the oftseesee
* Garrity. Orders, Plywrosth D•nl, October 44, lOU.
Nejnolileoseel Yie Dmila Plana gum smirch plowed with the
review die worming of the td battalion of the 34 foot
guards, and fret. happy is haring it in hie power to sake
es favourable. report to his Royal Highness; the Cornineeder
is Chief of the good order sad appearance of the corps."

Theft sad last division of the 15th (or York East Riding)
,'limit of foot, Liest:Greeral Sir N. Disney,
Edema, impasistiog of fear cormisaies, seder the eommand
of Major Maxwell, embarked at Liverpool on the t 34 inst.
sod sided for Dahlia ma board the endermentioured vessels
viz. Duke of Wellington. Berl of Amway, Duke of Athol:
sad Nargeit of Dr•shavla.
Ilsjsr-Genersl Lord R. B. FL Semerset, K C.B.
ieg.General of the Cavalry la Great Britain, will aspect the
3d (or Kiser Owo) Scat dragomen, Lieut. Games! Lord
Cuadiermete, G.C.B. Colonel, to-day, at Chichester.
The 15th (or fd York North Bidets) rvititaelit of foxily
Gemini T. Grosvenor, Colonel, is expected to arrive shortly
is bend, from lathe.
The 17th (or Leicestershire) regiment of foot. General
J. champagae, Calomel, bas received orders to rehire from
Juba is England. where its arrival is shoo shortly expected.
The 13th (or lit Somerset) reciareat of foot, °corral E.
Minims, Colonel, has been ordered to lathe, to relieve the
Vila Not.

One troop of the Royal drapooor marched yooterday from
Casterbary barracks in Drat_borroeka, sod onooher steep of
the same corp. matched at OH same time from Caaterbory
to

The Emperor of AU/Tats has expressed to the
celebrated composer. Uosal NI. his desire that he
will take the direction of the theatre at Verona,
Mile the Congress remains there. fits Imperial
Majesty accords to him for ihts service a sum of
50,000 rt.
A Lady of rank is raid to be on her way to
Loudon from the SUBSPX Collet, to take legal sues.
sures respecting a family dispute, which, from its
very singular nature, is likely to excite some coil.
rideable notice, wild afford en opportunity for the
display of the eloquence of Gentlemen of the long
robe.

Major ORNIRY Goae's celehreted grey horse
:!aoterrow hes been purchased by J. CRAIG, Esq. of
Shrewsbury, for 400/.
A correspondent recommends, that instead of the
dnuie of machinery, which some political mum-
recouimend as a remedy for the present din.
''e••, a tax of Nibs of the labour it destroy., the
produce of such tax to be paid in lieu of the poor
rdies, if any, or of any other parochial rule.
A correspondent complains of the price charged
by innkeepers for corn given to bait horses. He
Some years since the quarteru of oats was
3d. ; it is now 61. Surely when the wholesale
pone of corn has fallen 50 per cent. a similar reditc-
hail should be made in the retail. At 4d. abundant
profit would remain."
LARD ARCTIC EXPRDITIONo—Captain FRANK-
LIN is sanguine as to the ultimate success of Cap.
inn PARRY; that the appearance which the Polar
Sea presented ■t the mouth of the eoppermlne
River, and for the distance of SOO miles along the
crow, north-east from thence, which was as far as
their resources and the weather would permit them
to explore, impressed the expedition with a confi-
dence that Captain PARRY would this year be able
to accomplish his purpose; and that it iv considered
loobable that the first intelligence respecting the
ISorthern Squadron will be received front Russia,
ti tough her settlements on the North-west coast of
A intrice.—(ldiebergA Star.)

LA* INTELLIOEfiItit.

COURT OF KING'S BENCH. Weirriassna,
SATURDAY, OCtOSSIII

BON Me LORD Cats, Justus and Spatial Juries.

CARTER V. ABBOTT AND OTHERS.

This was •n action' of debt, ander the atatnte
9 It Anne, by the Plaintiff; as assignee of one
Merv) Abitbol, to recover buck money won by the
Defendant* of the bankrupt, at play, being more
than the sum of 101.

The Plaintiff's case was conderted by Mr.
GURNEY. Mr. PuLuta. and Mr. WILDR: and
the Drlendants by Mr. SEARLITT and Mr. F.
PoLLocc.

The facts opened in support of the Plaintiff's
case were the.• :—The Plaintiff was an accountant,
mud became assignee under ■ commission of bank-
rupt arcades, against Moves Abitbol. a native of
Africa, by religion a Jew, who at the age of 18
entered into business as a merchant in this century.
audio employed himself for a period of about nine
years; dining which he made about 10,000/. •
year. The art of bankruptcy upon which the
commission was f,olideif took place si the month of
Angote. 1820. and between that period and the issu-
ing of the commisoion, comprehending about nine
months, he was sit the habit of frequenting diff,rent
gambhng•houses in the metropolis, and in which be
loin about 40,0001. The Drfendents were persons
named Abbott, lioldalsorth, and Oasis. whom it
wee alleged kept a gambling-house in partnership
et No. 5, King-street. St. James's. and to whom
the bankrapt on several nights in the month of
November. 1820, lost va►ious loins of money et
the game of Rime el Noir. amounting altogether
to a sum of 1,610/., for ahicb the present action
was brought by the Plaintiff. his assignee. The
bankrupt being the principal witness to support
the stenos. it become necessary to render him a
competeut sod fur that purpose a deed was
put in, executed by all the creditors who proved
under his commission, and amongst others, the
Plaintiff, by which they released him from all
future liability for the debts he had incurred.
Another deed was also put in. by which the bank-
rupt himself also released the Plaintiff and his
other creditors from ell liability to him in respect
of his property coming to their possession; but in
this instrument there was no ezeeptiou expressed
as to the effects which might be forthcoming under
the ersarnission.

Moses Abitbol, the bankrupt. was then examined.
He deposed, that he had carried on business as a
merchant; he knew the Defendants, A bbott. Hulds.
worth, and Davis; he had known them for *boat
three years rod • half. or more. In the year 1810
they kept a house, No. b, Kinretreet, St. James's.
It was used for gaming. Korge it Neer was played
'there. All the Defendants acted in the conduct of
the hoes'. There was a bank. sod visitors used to
come and play against the bank. Bank Rotes were
laid ea the table, cowered with a piece of lead.
The large notes were separated from the small ones.
The stake played for was sometimes 1001.; often
for wit, The home we. epee from nine at night
.etatil tan to the morning. If the bank was rya out
~apt they left off weer. Sernetimes they re-
plearebed the bank if they were losers. When they
were sirfErtera, as thergetienstlf were, they left off
sooner than the usual times. On many occasions
they withdrew the large note. from the beak to en-
' able them to leave off sooner as winners. In nine.
teen times oat of twenty they were winners by
force of the advantage' of the game. and the in-
toxication of the players. By the intoxication of
the players. be meant the iutlueuce which the vice
of gaming had on their minds. Sometimes, how.
ever, they were in liquor. The lots of money
produced insanity io the players, and they
played inordinately. Liquor was always on the
table, and drank free of expense. Wiese and
epirits were on the table; sometimes French
wines. The Defendants slimy' kept sober them-
selves. He never saw them intoxicated. On the
night of the 3d of November he weld to the house.
Two or three days before then he had met Mr.
Holilawurth, who induced hint to go to the house.
A short time before then he had lust several thou.
sandsof pounds at the house, and being iliassii,fied,
he had resolved not to go again, but Mr. Fluids-
worth prevailed upon him to go again, and lie dial an.
'nitre were present then Mr. Holdsworth, Mr.
[ldris. and Mr. Abbott. The two former were
dealing, paying, and receiving, the latter was stand-
ing and giving directions. He lost on that occasion
M7Ol. Out of 1,0001, which he brought with him,
he only carried away 1301. He complained to the
IMendant of his ill luck ; that he bad lost money
before at their house. and that he had dune wrong
in going again. On the 44th of November he took
with Mtn to the Defendant's house between three
and 400/. ; he had large notes amounting to 300/..
anal small ones amounting to 100/. He lust that
night 300/. in large. and some small notes. On the
27th of November lie went again, and loot two
large notes of 200/. each. He had said to the De-
fendant Holdsworth, that he did not mean to risk
any more than 200/.. and gave hint small notes to
that amount. requesting him to give a 200/. in ex-
change, which he dud, saying, that that was a note
which war won from Major Aubrey. Ile lost every
faulting of the 200/. which lie said he would risk,
and afterwards the Mt. note. On these occasions
all the Defendants were present.

Cross-examined by Mr. SCARLETT.—Witness
had the honour of bring eu African and an En..
glishmen. He hod visited Paris, but hod never
lived there. He had so connexion of any sort with
any gambling-house iii that city, except that on
our occasion he bought u security for 1,0001. ster-
ling. which was r Government security, similar to
an Exchequer bill, bearing interest, but drawn on
a gambling-lamas in Paris. He did not mean to
say that he did tint gamble at Paris'; lie played.
won and lost, but un the balance he was a loser.
Never knew what it was to play during eight years
that he ass a merchant. Is now about 30 years
of age. He expected to recover by this and other
actions a great deal short of what he owed--a great
grant deal .hurt of what he had lost. He had lost
30 or 40,0001. more than actions were brought fur.
The Defendants had offered to compromise this
action ; ha had not made any offer to them. He
supped at Mr. Abbott's house list night, and took
his attorney with him. The Defendant Abbott.
proposed to give servo hundred and Mty pounds.
but the creditors would sot accept it. Witness said

be mould odeept 1,000/.. subject to the spptidiaiion
of his creditors, is order to avoid legal prmeetlilig..
Never proposed to accept 400/. or snot. He had
hero at Mr. Holdsworth'd house for the last nine or
ten nights ; was reluctant to appear as a witness.
Never agreed to take any sum, except subject in
the creditors' decision. Had brought four actions
against separate gaming-houses, and deified one.
Never received money by threatening to bring ac-
tions. Had borrowed money from the owners of
houses, but never without a release. To use he
was a creditor for 8,1601. besides what lie had lust
at hie Noose. Did not knows the 'lambert of the
notes he had lost at the liou+e of the Defendant..
He had no witness with him. Never took Mr.
Itixon, the attorney's clerk, with him to be a wit-
ness. The clerk has gone with him to the Defend-
ants' house. They met by sceideot. the Willie is
Dunkin ; he is a witness oil this trial ; he saw wit.
bless lose at the Defendant's honer; told Holder/firth
that there were fifty persons who could prove Isis
losses, and Dunkin among the rear. Was certain
Dunkin
he did ; he lost money enough of his own. Lots of
people followed him to aee him lose his money. Never
took a person named Clark with him as a witness ;
he was a player. Witness got his money by selling
goods, and by advances made by respectable per.
arms in the city. Never war a winner ow a balance.
Never won thousands in a "reek. Doer won 1,5001.
and lust it back the next night. H.d mode 40,000/.
by trade, and lost it all by play. Had played twice
slime his bankruptcy, tint in London. Had lo.t
some trifle since—about one hundred and fifty
pounds. Ms father had advanced him money, and
he had made money in trade. He had paid some
of his creditors. and the meant, please God ! to
pay all. Had not won soy money since has b ink -
roptcy. In 1810 he hod assigned his effects to pay
his debts. He had had im►uesise losses. lu 1810
be stopt payment fur 60,0001. The trustees were
Mr. Coley, of Tower-street. and Mr. Cohen, of
Angel-court. His business brought bins iu 10,0001.
per annum. _

Be-eaurnined.—Had compromised an wino with
the people .t Fielder's. Aldridge's, and Maytaglit's
house. He claimed jewels •ud money of them ;
they gave up the jewels, and paid him 1,0001. His
ss•igsees had both. Had no interest in the action.
Saw Abbott last night at his request. When Dun.
kin went with hurt to Defendants' house, he bed
left Mr. Bison.

Alexander Lee, the next witness, deposed, that
it was five years since he first went to the house.
No. 5, King-street. Knew all the Defendants as
owners of the house in November, 1820. There was
• bask kept; Defendants kept it. Saw Abitbol
playing there; he lost money largely.
Cross-examined.--o Witness played at the De-
fendants' house. Did tint attend much to what
others lost and wow. Had instituted proceedings,
by action and indictment, against houses where he
h•d .lost. None of them had been tried or com-
promised.
Robert Donkin, formerly an articled clerk in the
house of Evitt ■rid Nixon, solicitors, of Hitydon-
square. blinories, proved that he saw the bankrupt,
Abitbol, play and lose money largely at the De-
fendants' house, in November, IEIIO. Thought on
one occasion he had lust at least 7001. o► 8001. Saw
him there foot time*. Witwess waist them himself
for the purpose of playing. Was nut sent there as
• witness. He also lost money.
Crass-examined.—Has seen the bankrupt lose
money at other gambling-houses. Had been eight
years in Messrs. Elfin and Rixott's office. Was
himself an admitted attorney, hut never practised.
Was too well known to the Defendants. Wm se-
qtrainted with Abitbol at Evitt sud Rixon's office,
They we►e his solicitors as long as he was there.
Was not introduced to the Defendants' house by
the bankrupt. Went there long before he saw
Abitbol there. Was introduced by ■ gentleman
named Swaine. H.trl sleets the bankrupt win large
sums, as much as 100/. or 1201. at a lime; hut was
always mores loser than a winner. About 60 or 70
gentlemen used to play of a Hight at the Defeo&
ants' table. Once accompanied Abitbol to the
house of Oldheld, 28, Bury-street, St. James'..
Witness is now a manufacturer. This was the
Plaintiff's case.
Mr. ScAaLirrr then addressed the Jury. He
proposed to Oleo, that, though Cita was a joint ac-
tion against all il.e Defendants, as persons to whom
the bankrupt had lost money, one of them, namely,
Davis, was merely a tit to the other Defendants,
and had no interest, ►hare, or participation in the
money which was said to have been lost. If he
could make out this fact the Plaintiff must be non-
suited. After urging a variety of ingenious obser-
vations igloo the parties in the cause and the wit-
nesses, which we have no room to detail, the
Learned Counsel proceeded to call witnesses to the
point of defence on which lie now relied.
Charles Swaim, formerly a Captain in the dra-
goon guards, and Aide-de.Camp to the late Gene-
nil Lord Fielding. proved that he bud been for
years acquainted with all the Defendants. In con-
',Novice of his recommendation. the Defendant
Davis was employed by the other Defendant., as a
weekly servant. Was not present at the time of
the contract. but used always to see him act as a
confidential servant. Had known Abbott mid
Holdaworih for IIeVCI3 or eight years, and constantly
played at their house. They had formerly a house
in St. James's-Noire for gambling. %%wn the
play was over at nights, the executive department
counted their wintsinga, and then went tr. supper.
A Mr. Leech, now deceased, had been a partner
with Abbott •ud Holdsworth. Witness sometimes
stayed to sup with the Defendants. Has seen Ab-
bott and Holdsworth deposit the money in • tin
box, and put it into a strong place, when the
ploy was over. 'Sometimes one and sometimes the
other took the box. They played with the outer
door locked to keep out improper persons. Wit-
ness always played for small mums.
Thomas Holdsworth, brother of the Defendant,
proved that he had been employed in the house as
a weekly servant for ten years. The Defendant
Davie was only • confidential servant, sad nut a
principal in the house.
Thomas Deerluve, • weekly servant in the house
fur seven years, swore that Davis was employed
only as dealer and croupier. as • weekly servant,
and was paid every Saturday eight.—Thin was the
Defendants' case.

Mr. Gummy replied with his usual ability.
The Cull/ JUITICI sotooted up the Mode of

the eiie on boll► sides, and left the Jury to decide.
Kest, whether *bubo! lest the money stuted at the
house 'tenni to he the Defendants' ; and, second,
ts holier Davis was a person having an interest its
the witaisings,
The Jury found for the Plaintiff, deniers one
thousand vie Isondsrd and ten pounds, subs
ject to the op' of thr Court as to the enmpes
teney of ithithol as s wioneu.. They expressly
found that Davis was a person having ass inserts' 111
thy Ks.