The Sun.
London, England, 1837-02-11 00:00:00

putting the Kings and Queens on their legs, and feeling
them • and that first attracted my attention. He used to deal
very slowly, and when the cards were cut there was a sort of
" King cough," as if to distract the attention. lam speak-
iug row of the " pass" or saltier la coupe. I never played
with him willingly after I first observed this. That was about
five or six years ago, and I was fully certain that an ace or
king was sure to be turned up.
Cross-examined by the ATTORNEY-GENERAL— I do not
think I could do the trick so as to deceive the persons I was
playing with. It requires considerable dexterity, hut an
hour's practice would make almost any one perfect. I have
seen his Lordship do the trick twice of a day, and then
an ace or king was invariably turned up. I don't
think that he ever turned up any thing else when
I was looking at him. I never played willingly with Lord De
Roos afterwards, but I sometimes was obliged to do so. I
considered I had a good chance of winning the rubber when I
had him for a partner. I received the money when I won and
paid when I lost. I had no "compunctious visitings " except
those of playing with Lord De Roos. I c innot state any
particular day, or time, or persons, who were present. The
last time I saw him do it, was in March or April last year. I
did not mention the matter publicly, because I thought if an
obscure individual like myself attempted to say, " My Lord,
you are cheating "—if I had denounced a Peer of the realm,
and a popular man, I would have had a host of persons upon
me ; and I take it as a matter of course, that I would not have
had a choice of door or window, but would have been pitched
out of the latter. I saw on one occasion a particular ace at
bottom, which, after "the cut," should have been in the mid-
dle, and that ace was afterwards turned up. I mentioned the
matter after I had first observed Lord De Roos to Col. Bailey
and Major Rainey.
Colonel Anson—Was at Graham's in the early part of June.
I had a communication with Mr. Payne previously, which
made me observe Lord De Roo' more closely. I saw some-
thing extraordinary in his manner of dealing, but nothing that
I could swear to. There was a meeting shortly after the Ist
of Jay, at which Lord Bentinck, Mr. B. Greville, Mr. Payne,
and myeelf were present.
The ATTORNEY. GENERAL objected to any evidence of what
took place et that meeting ; and
The COURT assented.
Lord Henry Bentinck—l was playing whist at Graham's
on the 30th of June, with Lord De Roos, Mr. Payne, and
another. I recollect Mr. Payne calling for fresh cards. He
was loud and noisy. I don't recollect that Mr. Payne played
any fresh rubber with Lord De Roos after that. I did not see
Lord De Roos play after that. I generally lost. I recollect
going to the Travellers' Club with Mr. B. Greville,
and speaking to Brown, the accountant. It was in
the month of December last, and the subject was
marked cards. I have observed something particular
in Lord De Roos's manner in dealing ; after the cards were
out I have observed the cards separated into two parts under
the table. I saw the same thing on a second occasion, in the
month of June in the last year.
Cross-examined by the ATTORNEY- GENERAL—I did not in
the Je ast suspect it was cheating, but thought it odd. I have
played end betted with Lord De Roos throughout the season,
as much es with any other person. I am a member of the
New Club, I have never marked the cards. I heard Mr.
Payne desire the cards to be sealed.
George Payne—l live at Selby, in Northamptonshire. I
Was a member of Graham's Club last year, and came to town
I think shortly after Easter. I received a communication from
Mr. B. Greville, about the 21st of June. I continued to play
with Lord De Roos after that communication. I observed his
'planner particularly, and his mode of dealing was sometimes
slow and sometimes quick. Sometimes the card that should
come to me, would not, but the under one instead. When
the cards were cut, he used to draw them into his lap.
*I have seen them, afterwards, divided into two
parcels, and the bottom card before they were cut, which was
'the ace of clubs, has been turned up. That occurred some
time between the communication made to me by Mr. B. Ore-
ville and the Ist of July. When he got the cards into his lap
he used to beat' forward and cough slightly; I observed him
cough when dealing, but not at any other time. On another
occasion, when looking on I saw the king of diamonds at bot-
tom before the cards were cut, and that card was turned up.
Ile took them into his lap, divided them into two packages,
and the result was the turning up of the king of diamonds. I
• sent.for Mr. Brooke Greville and Col. Anson, who was an in-
timate friend of Lord De Roos'. They met me at Graham's,
and I sat down with Col. Anson for my partner. We played
two rubbers, and lost them both. During the playing and
dealing the same suspicious conduct was pursued by Lord De
Roos, and neither Col. Anson nor myself ever held an ace
when he dealt. On the Ist of July I had a conversation in
the balcony with Mr. Greville and Col. Anson. We then sat
down to play, and I recollect calling for fresh cards. Before
the waiter brought the fresh cards, i selected two aces
that were lying before me, and held them up to the candle. I
played about an hour after the fresh cards were brought, and
I believe more than one rubber. After I had finished playing,
I got two packs from the waiter, and have kept them since. I
observed some of the aces slightly marked. I did not mark
the cards myself.
Cross-examined by Sir Was. FOLLETT—I did not contri-
bute nor have not entered into any engagement to defray any
portion of the defence of this action. Mr. Cumming pays the
whole so far as J know. I know nothing of the other two
gentlemen. In the early part of my career I was very unfor-
tunate. I lost a considerable sum of money—a considerable
part of my patrimony. My ill luck has continued, but it is
not quite so bad as it was. I have been a good deal connected
with gambling transactions, on the race-course and at cards.
I th;nk the night neither myself nor my partner had
aces wcs the 30th of June. I played with his Lordship
almost every eight down to the Ist July. I should say I
Played with him only one night after I saw the king of
diamonds. I thillk the date of Mr. B. Greville's communica-
tion was 21st of June, or a little earlier. I may have had a
bet upon Lord De Roos after that; it might have been a
standing bet fur the evening previous to Lord De Roos cutting
in. I can swear I did not win with Lord De Roos after that
evening. I don't recollect betting with Lord H. Bentinck,
and not betting with him when he was Lord De Roos's partner.
I have kept a hazard bank once or twice, or two or three times
at Newmarket—that was a private party, and at the request of
the gentlemen present. Some one should keep the bank, and
it was offered to one, and then another, who refused, and then.
I took it. I sometimes won, and sometimes lost. The rea-
son I continued playing after I detected tho cards marked was
to give Lord De Roos a chance—to show him that I had dis-
covered him, and give him an opportunity of absenting him-
self, as I had no malice.
Lord George Bentinck deposed that he played at the
Travellers' Club with Lord De Roos, and never marked the
cards.
This closed the ease for the defence.
The ATTORNEY- GENERAL then rose to reply. After com-
menting on the contradiction between the testimony of Mr.
Payne and that of the waiters, he said this indictment was a
most fearful issue for Lord De Roos, whom he had the honour
to represent. It was nothing more nor less than, as Mr.
Thessiger had eloquently stated, whether he should be re-
stored to society, and the high position which he had held, or
for the rest of his life become a mark for the slow and un-
moving finger of scorn to point at. No man had ever been placed
in circumstances of such hardship as Lord De Roos, when all the
circumstances of the case were considered. The secret instigator
of this proceeding was not Mr. Cumming. He had come forward
gratuitously ; lie might be a well-meaning, but was certainly a
eveak_minded man, and only a tool in the hands of the
designing. The Learned Gentleman then adverted to
the evasion of the Judge's order, and some other points.
His Learned Friend had stated that it would have been much
better for Lord De Roos to have contented himself with a
private inquiry. They wanted to have his Lordship forego
the advantages Of a trial by jury, the birthright of every Eng-
lishman. But after the public accusation which had been
Spread, not only over all England, but over all Europe, was
tt possible for a man of honour—was it possible for
Lord 'De Roos, to consent that. that public accusation
should be inquired into in a private room ?—No ; he defied his
enemies, and brought them forward in open Court before all
the world, and he defied them to bring such evidence as
Would satisfy twelve honest English Jurymen of his guilt. It
had been proposed that the private inquiry should have been
presided over by Lord Wharneliffe. He was a Noble-
man of high honour and strict integrity. But where
Was it to have taken place ?—After the public accusation
bad been made, the proposal was that the inquiry should take
Place in a private room at Graham's, or White's, Brookes s, or
some other club house—no one would be allowed to hear
what the witnesses chose to state upon their mere word. The
accused would not have the benefit of a cross-examination of the
witnesses, which had been of great advantage in the open
court. What were the witnesses who had been produced
against Lord De Roos ? All of them professed gamblers—
who lived by play—then might they not have motives which
induced them to give such evidence as they had done? Lord
1-)o Roos was much better satisfied. It was much better both
for him and his friends that the whole inquiry should be had
in open court. It would be more honourable to him to
!rave the verdict from twelve of his countrymen sitting
in the jury box, than to have a report clearing his cha-
racter from a committee of gentlemen sitting in private.
He would ask on which side the probabilities of the case
lay—what probability there was in the charge brought against
Lord De Roos? He was a Nobleman, as admitted on the
other side, of much respectability—of high character—of
great fortune—esteemed and beloved by all who knew him ;
and his Learned Friend had been instructed to admit that he
was a man of an amiable and benevolent disposition. It was
the first time that he (the Attorney-General) had ever heard
that it was compatible with such a character for a man to
be in the regular habit of cheating
at play. By the case
on the other side, it was supposed that Lord De
Roos had been systematically guilts, of frauds, any
one of which would have ruined his character for ever. It was
supposed that he carried on those practices even after warning
had been given to him of the knowledge which his friends had
of those practices. It was supposed that he continued those
Practices of fraud before the eyes of some of the best players
to Europe—the members of Graham's Club. The thing was
impossible, and it would require a body of proof which would
,
incontrovertible—which would admit of no equivocation,
order to convince the Jury that it was possible for a
!loblernan holding such a high station as Lord De Roos to
,wile guilty of such mean practices. The bueden of proof
the
on the other side ; and if it were not made out to
erodsasiblweertewtmtahrkeyedmiwghast
perfect satisfaction of the Jury, they were bound to
end for the plaintiff. That the
have od all dispute, but was it not
Four marked by some Other party than Lord. tie noos ?
,eswere of the party—the cards were in other hands,
,"41 those of his Lordship, For instance, they
—ere in the ands of Mr. Brooke Greeille,
it strongly Ho would put
gIY to the Jury whether it was not ptgisiiii4= 'Pr the
-47eswhichs of malice and revenge, that the cards with which
uil) played might not be systematically marked. Let