The Sun.
London, England, 1852-07-24 00:00:00

EVENING, JULY 24, 1852

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ASSIZE INTELLIGENCE.
RON CIRCUIT,—Lewes. July 23.
(Before Lord Chief Justice Jetty's.)
THE CARD CHEATING CASE —This morning was appointed
for the trial of John Broome. the pugilist, and two other
persons, named Staden and James, for a conspiracy to cheat
a young gentleman named Hemp of a large sum of money,
by fraudulent play at cards.
The case, from the peculiar circumstances connected with
it, has created a good deal of interest, and it well be remem-
bered ibat at the last assizes the prosecutor did not appear
to give evidence, and his recognizance in the sum of 501/
were ordered to be estreated, and the trial was ordered to t.e
postponed to the present assizes.
At the sitting of the COURT the defendants, John Broome,
Chnrles Staden, and John James, were called up n to sur.
render, but they did t of rio so; and the Lord Chief Justice
consequently ordered their recognizances to be estreated.
Shortly afterwards an intimation was made that two of the
defendants Staden aid James, were in attendance, and they
surrendered and were placed in the dock.
The LORD CHIEF JUSTICE asked why the other defendant
Broome, was not present? He was informed that he had
been seen in the town on the previous day.
Mr. BALLANTINE said that he was instructed with his
Learned Friend, Mr. Hawkins, to defend him, but from some
mieunderstanding he believed that he had gone away.
The LORD CHIEF JUSTICE then ordered him to be called
again, and as he did not appear be directed that a flesh war-
rant should immediately issue for his apprehension.
The charge against the other two defendants was then pro-
ceeded with. The indictment charged them with having.
by means of divers false aid frau ,ulerit devices and prac-
tices at cards, defrauded William Henry Hemp of divers large
sums of money,
and also bills of exchange to a large amount,
In another count the defendants were,charged, jointly with
John Broome, with cheating the- progecutor at a game of
c,rils called " wilful murder."
Mr Johnson and Mr. Creasy conducted the prosecution,
Mr. Parry defended Staden, and Mr. Ribton appeared for the
other defendant.
The Learned COUNSEL for the prosecution. in opening the
case to the jury, said, that it was one which bad excited con-
siderable interest, he thought he was only doing right ire
prefacing the observations be was about to make by request-
ing them to dismiss from their minds all they might have
heard or read upon the subject out of doors, and come to a
conclusion solely upon the evidence that would that day be
laid before them. He then said that he could not deny that
there had been a good deal of chicanery and juggling prac-
tised with regard to the conduct of the case hitherto. but on
the present occasion he appeared for the magistrates whi
committed the defendants, and who had no desire but that
the truth of the matter should be ascertained. He then
stated the facts of the case as they of erwards appeared in
evidence, and the foilo‘ving witties,es were examined:—
John Sheerman said that he knew the defendants and
also the prosecutor, and Mr. Broome. He was saving at
the public-house of the latter, in Air-street, Piccadil y, I's'
summer, a d m-t Mr. Hama, who was staying in the house.
Staden and James used to come to Broome's, but he did
not see them more than two or three times before the
races at Brighton, on the 7th of August. Shortly before
the races Suntan, who lived at Brighton, said there would
be very good sport at the races, and he should be glad to
see the prosecutor at his house; but Mr. Hemp declined
to go at that time, and said he wished to get to his
home in Herefordshire. On the evening before the races
be saw Mr. Hemp and Broome and James playing at cards,
at the game of " wilful murder."—(A laugh.) They called
it by that name, but he believed it was the same as " blind
bookey " Hemp lost some m ney on this occasion. but he
could not say how much. It was then arranged that they
should go to the races, and on the following morning the
prosecutor, Broome, his wife, his sister, and another young
woman named Miller, and witness, and a person eamea
Probert, µho was a friend of the prosecutor, went down to
Brighton by the railway. Before they went the prosecutor
drew a cheque for 301., and Broome got it cashed, and they
a I then proceeded to Brighton ; arid when the races were
ever they went out for a drive, and as they were going along
Broome saw the defendant S'alen, ant cal ed to him, a d
he get ieto the carriage. They went to private apartments
in Dorset-gardens and on the following daYall the party,
including Staden and James, wen4.to the Devil's Dyke, and
when they returned, the defendants, Broome and Hemp,
went out together, and del not return till six o'clock the
next morning, and at that time Broome and Hamp were
very tipsy. S aden did not come borne with them. Staden
lived at Brighton, he believed in St. James's-street, arid he
54w him about eleven o'clock the same morning, and he told
him they hail been drinking American pouch over night, and
they were all very sick.-(A laugh )
Cross examined by Mr. PARRY Witness had forme-1
been an attorney's clerk at R in Herefordshire, and the
prteecutor was the son of a gentleman living in the same
neighbourhood. He met the prosecutor'` promiscuo isiye in
London, and had acted as a sort of companion or guide to
him. He had been to different races with the prosecutor.
When they came home on the morning in question the pro-
secutor and hie companions said that they had been into
every " crib" in Brighton during 'be night.
By Mr. RIBTON—He never saw cards played but once
in Broome's 'totem. It was what was called a sporting
house lie believed that James was what was called a
" betting man."
Mr. 'Limp, the prosecutor, was then examined -He
daps sed that he resided at Bacton-villa, Herefordshire, and
Wes 22 years of age and of no profession. When he came of
age he was entitled to considerable property. and he came
to London in July lat to see the Exhibition, and took up
his quarters at John Broome's house, the Rising Sen.
Piccadilly. He bad seen Broome at the races at Chester
and Abergevenny, but knew nothing of him before that
time, Sheerman and Probert were staying at the same
house. He had known them both in the country, and Mr.
Probert was the son of one of the execu ors to the will under
which he became entitled to his property. He remembered
en the night before they went down to Brighton races
playing at cards at Broome's house, with him and James at
a game which they called "wilful murder." The game was
played by cutting a certain number of lots with the cards,
and they betted against the dealer. He had the deal in
his turn, but he lost his money.—(A laugh.) He was
aware that Staden lived at Brighton, but did not recollect
his giving him an invitation before the races to go and see
him, but he might have done so. On the day of the
Brighton races witness, Broome and his wile, her sister, and
a young lady named Miller, and Sheerman and Probert,
went down to B-ighton, but before they started he drew a
cheque for 30/., and Broome got it cashed. Witness intended
to take return tickets. but Errhamiliald -him he had better
not do so, as it was doubtful whether he should be able to
get back that night, and he accordingly only obtained tickets
for the journey. Atter the races were over the defendants
Staden and James were introduced to the party, and they
all dined at the house of a person named Mutters. On the
following day it was suggested that they should go to Mut-
ten'a to pay their bill, and also for the hire of the carriage
that bad taken them to the Dyke; and when they were at
Mutter's they began to toss for " the odd man." Broome
tossed with a halfpenny, and the defendants had either a
halfcrown or a shilling, and witness himself tossed with a
shilling. He lost 101. or 20/. at the to sing; at least be bad
that; amount when be went in, and be bad none when
that be
went out. While they were tossing, Broome saidhe
r
would "stand oat," as there were so many " ties four,
" with
all
but with three one was sure to win. When he bad lost
his own money, Broome said he would " stand " with
four 5/ n ites
him, and be produced some money, and he easy -
and one for 50/, and witness went on tossing,
baangdatisttoasabirtnugt
20/ more than he had in bis pocket. They .
tossing they drank
for haltcrowns, and increased the stake to half-a-sovereigo,
and then a sovereign, and while they ere
brandy and water and American puirc He did not know
When they left
who ordered or who paid for the 01
-,,uroit straight to Staden',,
kutten's he believed they all iourlwi
house, and when they went in brandy.
thisneomrntuthren;;
,Inand
hage Broomisnh
owtrhteelwr3ne,
said
ded Staden if he had got
h theyphrhoacederbieed to PlaY
put upon the table, and they all drank
got any house, and be
cladrodbfsut he did not know
whether theelicPhvielddrebne
Broome
bh,J a pack,
tk" of cards which Ppeared
afterwards brought out a
gs d in the
quite clean, arid not at all tisacthou
hands of children. They then rope e pay ing at cards, and
ng until si
' a Staden 41.'111
witness told them he did not uni.l:rsatnadnd
atphpe gaol;
then threw bimself up went to
o'clock
Sleep. and witness and Ja_
edsid not kuow ow long tney
at wilful murder.
Inot
• ale du know whether be
the
following morning:
played, but be did not get to his lod
had any
d to 1001 Staden but when
h.a louts amount,
money in his pock -t at the time he was
Me acmes it. at
produced a blank cramp
from poCiktett:pa,indhwiitnsneputot
his
first objector.stamp, and said he did
"'Plied that be was a
r ward fellow, and be lik d b
not understand bills ;abuts Staden
straight.or ebusiness done, aod he
hig lama at tin gimp
tileu"'e ' bvt 80w, sategoutor

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in this manner, and each time his losses amounted to PIO/.
Staden produced a bill stamp for him to sign ; hut upon, the
third sta lip toe ;nereh wt,ee ametited." to•go to put
his name. Toe detei,d4tit J one. tilled up two of lie bi Is.
When he got home to his lodging he threw himself on the
bed with his clothes on, and about eleven o'eloek the same
morning, while he was hiving his breakfast, Staden came in,
and he heard him sav something about money and a share
of lii. 1.. and he then told witness that he had not signed the
third bill, and he gave it to witness and he signed it.
Cross examined—He had been to Broome's house since
this transaction occurred. Witness's brother kept race•
horses, and Broome had been to races where they ran, and
his brother had sraYe.l at Broome's house when he came to
London. Witne-s was engaged aa, clerk in his 'ather's
hank tor a year and a half. During that rime he kert
three or four hunters. had ,ern his brother's horses
run, but nevtr laid a bet, upin any horse race. A person
named Sill originally acted as his attorney in this matter.
He knew melting of that p,rson, except ihst. he had mice
acted tor his father in Herefordshire. Mr. Sill was not now
his attorney. He disapproved of his conduct, and he might
have said that he had persuaded him into the prosecution,
and that he considered that he had wrongly accused Braome
ot being a party to the transaction Would not 'wear he di i
not himself ask for a privy e room at Marten's. During
the play he was frecrtently a winner f as much as 2101, 30a.,
or 50/ at a time; taut he never at any time woo twit one of
the 14'0/. bills. He did no win back m ire th try 61. or -el.
He had played at roulette at races 1),-1 ire this, !It'd generally
lost. He never heard of anybody that wo
By Mr. Rn
IBToN 1- (A laugh.)
not make a complaitt if any
u airness having been practised towards him until a day r r
too after the tratisacti•et. He remained at 13,/erne's
house afterwards until he wont home; and a pers'.n at Wet-
kin's, who resided at Hereford. and who knew his f•dnily,
first suggested that criminal proceedings should be adopted,
and he introduced him to Mr.

The LORD CHIEF JUSTICE inquired of the witness how it
was he went to BrooMe's house and remained there as usual,
it he suspected that he had been concerned in cheating him?
Mr. Hemp said, he thou Art Broome was his triend. When
he told him of his havi, g given bills for 300/ to the other
defendants, he said it was too large a sum to lose, sod he
would try to get the hills back for 501. He considered at
first that Broome had nothing to do with the mater, be-
cause he appeared to be ssleep on the sofa while lie and the
others were playing and he did n it wish to include him in
the charg- , but Mr. Sill insisted upon it, and prepared the
charge against Broome without his know ledge. He had set n
John Broome' in Lewes on Wednesday and Th .rsd .y, but had
not seen him that morning
£.r. C. T. PrLbert corroborated the evidence of the pro-
secutor with regard to going to Brighton, and he also proved
that when the pa ties went out on the day the affair occurred,
Broome and the other defendants said that they thould be
back in twenty minutes.
John Lang. one .4' the Brighton police, deposed that he
apprehended the doend.ant James as he was coming out i,f
eroome's house in Picadilly, on the 13th of August. On
searching him he hiund different coins r.pr.sen ing shillings,
sixpences, and fourpennv pieces soroe having two beads on
them, and some two tails—evidently • intt nded, for the pur
pose of robbery by tossing.- H • also found a number of fine
hairs with a small quantity of wax st one end and a needle
at the other, which were stated to be intended to be used for
'be purpose of cominit.ing robberies a. jewellers'. There
were several memoranda containing the naotes of the prose-
cutor, himself, and others, and referring to some division of
money in thirds. He read the warrant to the defendant.
which stated the nature of the charge upon whi..h he appre-
hended him, and he said he knew nothing about the case; he
was a,nly a spectator. He also found upon the prisoner a
telegraph message and a quantity of counters.
Mr. Chase, the chief officer of Brighton, proved that he
took Siaden into custody, and upon going to his house he
found the three bills for tool, which he produced in a pocket-
book MIL- h the defendant hod haudel to him.
George Tern km, a clerk in the Brighton Telegraph
office, proved that on the morning of the I lth of August he
ceived a message train the Strand-office, sent by Broom.
to the de and nt S'aden.. at Brighton. The message was
in the following r erns:—•• Conte by first train—importance."
The prosecutor was here recalled, at the request of Mr.
PARRY, and in answer to the question put by that ger.ti.--
man, tie denied having ever stated at Monmouth, in the pre-
,ence of a person named Owen and of Sheerman, that he wss
not cheated at all, suer he was sorry that Sill had gone on
with the prOseeution-
The witness Shrerman west then recalled, and Mr. PARRY
put the q estio • to him, and he stated that Mr. HAUIp uira
say some-hing to the effect mentioned.
to answer to questior a put by the COURT.
The wi;neS,; said that Broome and Dr. Owen were present
when it was said. He also said that Brootne stayed all the
la,t hunting season with the prosecutor; and Dr. Owen we,
also there fir the purpose or hunting
and shooting.
The CHIEF JUSTICE said it appeared to him that after this
evidence he ought to put one or two more questions to the
prosecu-or, and be recalled him for that purpose.
In answer to the questions then put by his Lordship, the
prosecutor said that Broome only stayed with him a tort.
night. Dr. Owen was a town councidor of Monmouth, and
he did not know how he became acqu'ainted with Broome,
hut he brought him to his house. He knew that Broome had
been a pugilist,

The 1..01in CHIEF JUSTICE a•ked the prosecutor how it was
tbst be could ,ntertaio a wan at his house tor a fortuLbt
whom he charged wi,l3 robbing him? —The prosecutor said
that he came to Ilk house, end he albwed hint to stav ; that
was all he knew about it
The CitilF Jusitca then tPite.d Mr. Hemp how it hap-
pened that he Wes no in al tenclsoce at the Isar assizes, wlch-n
his recogLiz dices in 500/. were entreated? The prosecui,,,
said he was in Loudon et the time, and some friends of Broome
Panne to him. and he thought the matter would be settled by
his forfu Wog his recoaniz owes.
Toe CHIEF JUSTICI—And so you forfeited 5001.? Prose-
cutor—Ye,

Tue CHIEF JUSTICE - Anti who paid the mono% ? Prose-
cu or—A cueque for 4io/. was given to me, and I paid IOU!
aiiptlf, and th, n I ‘ke,.t to Boulogne.
Toe CHIEF JUSTICE—Then you went to Boulogne rather
thin appear as a witn ss? Prisecutor-Yes.
This way ! he casi: to- the prosecution.
Mr. PAttay then mule an ingenious and ab'e address to
the jury t,ir his elicit, coi.tending that, although the circum-
stances might appear 3et that the evidence was
not suffioiettt, pa• titularly when taken in connexion with the
statement of the pro,ecutor him,elf and the admissions be
had !node. to support the charge of con-piracy.
Mr liIBTON likewise add'es en the jury for James, urging
all the poi .ts the ease a 'muted of in his favour.
The Lam) Cntex JUSTICE summed up, and, after exglain-
ing the nature of the charge, sdu it was clear hat the pro-
secutor bad iced with a great d al of indiscretion and lolly
in the transaction, but a hat aff arded no ground u' excuse fur
that defendants; anti if the jury should he of op.nion that the
evidence was suffi,:ient to sati-fy them that the defendants
conspired together for the purpose of plundering him, it
would be their duty t, ray so by their vet diet.
The jury, of er deliberating for seine time in their box,
expressed a wish to retire.
Dating their absence the LORD CHIEF JUSTICE directed
that Mr. [limp sh.tuld enter into a geyogn Z4IICe of 500/., to
appear and give evil ice ag,ihst B.oonte at the next as-
sizes: and al o that Sneerman should enter it to a recogni-
z ince of 3001., and Pr bert in 200/., to appear and give evi-
de te.. upon the trial, and Mr. Cha•e was bound over as pro-
secutor.

The jury rourned into court after doliberating about hal
an hour and gave a verdict of Guilt.) bgainst buth dwell
dents.

The CHIEF JUSTICE, in pa.sing sentence, said that the
Jury had c .me o the only c• nelusion it appeared to him
they could u, on the evidence, and there was no doubt that
both the de'endants had been guilty of a most wicked and
deliberate fraud. He then sent• ocod them to be impri-
soned and kept to bard labour for twos ears.