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

COURT OF KING'S BENCH.

LIBEL.
DE ROOS V. CUMMING.
(Continued from The Sun of yesterday.)
Evidence of Mr. Graham, jun., continued :—On the
morning of the 25th of June, they might have seen his
Lordship's hands below the table (or a moment, but they made
no remark. Where there are three tables of an evening, and
that a gentleman plays at two of them, I cannot state the
party distinctly. Captain Alexander never played at whist
with Lord De Roos after the I tith February. There has been
some unpleasantness since the formation of the New Club, by
my beimg called upon to restore to the list members of the
old Club. I declined to do so. Mr. Brook Greville was
one of the gentlemen who applied to be restored, but I declined.
Re-examined—There had lately,heen deep play, which
greatly inconvenienced the banker, and subjected him to
heavy losses—gentlemen losing more than was convenient
was sometimes a reason with them for withdrawing their name
from the Club.

By Lord DENNIAN.--I omitted no names from the new Club
on the ground of unfair play, or the suspicion of it. I think
Mr. Higgins only played once with Lord De Roos after the
16th February. There were three tables only twice during
the season. I understood the question Mr. Bicknell wanted
to put to the waiters was, whether they had seen the cards
marked on the Ist of July, and I said I could answer that
they had told me they had. I made no complaint to Lord
De Roos, as the circumstance was well known to several
members of the Club, and it was a liberty I dare not
take. One old member, who suspected that cards were
marked, advised me to dissolve the Club, and he
would pay me the subscriptions I should have to refund.
Another member said he would be obliged to withdraw if the
Club was not dissolved. The cards, when done with, are
given by the waiter to me at the bar, and they are put into a
drawer until disposed of. The cards of the 13th Feb. were put
to the number of abotit 18 or 20 packs, in a drawer. The
cards now handed up to the Jury were played with on the 19th
of June, and they are marked.
Joseph Hunt, card-manufacturer—We supply cards to Gra-
ham's Club. The aces and kings are never marked as they
are in the pack now handed me, when sent from our esta-
blishment.

Wm. Graham, sen. I ant eighty-three years old, and
have been master of the Club about 37 years. My son is
now master, but I take an interest in its management. I
recollect some cards being placed last year in a private
drawer of my son's. I heard they were marked. It was a
person named Mudie, who lives in Coventry-street, who bought
the cards as second-hand. That was in my son's absence.
Several persons came to purchase the used cards, and I can't
say positively to whom they were sold.
William Graham, jun., re-examined—Mr. Payne was a
member of the new Club, but withdrew of his own accord. He
was one of the gentlemen who played deeply in the old Club.
Others who played deeply in the old Club were admitted into
the new.

Hugh Brabazon Higgins—l am an officer of the 15th Dra-
goons, and became a member of Graham's Club in February,
1836. I was at Brighton about Christmas, 1835. There is a
cllib at Brighton to which the members of certain London
clubs are admitted. I saw Lord De Roos there, and played
whist with him and Major Fancourt. I forget the fourth per-
son. A person named Holmes was betting with Major Fan-
court. I observed, when Lord De Roos was dealing, a very
unusual motion. After they were cut, they were taken off the
table and lowered a little below its level. I was induced to sus-
pect something from impressions that had been previously made
upon my mind. Lord de Roos turned up an honour, and he
won the game subsequently. I looked at the cards after we
had done playing, and found some of the higher honours
marked. I communicated that to Major Fancourt, and after-
wards to Mr. Holmes, who said he would not receive the bets
he had won. Mr. Holmes is now at Elsineur, in Denmark.
When I came to town I mentioned to Capt. Alexander what
had occurred at Brighton. After that I was at Graham's ac-
cidentally one morning, and was asked to look at cards which
were marked in a similar manner to those at Brighton. I after-
wards played at Graham's Club, and two or three times with
Lord de Roos, but that was accidental. When I found him
playing, I did not make one of the party.
Cross-examined by Sir Was. FOLLETT—I may have played
with Lord de Roos five or six times at Graham's. I think
there was only one occasion on which I sat down with him to
play without having cut in. I may have been his partner, but
do not recollect. We played for 51. and some bets, but not
heavy. I may have won occasionally, but lost by the season.
I played at the club till the beginning of June. After I had
observed Lord de Roos's conduct at Brighton, we played two
or three rubbers. I dont recollect having had Lord de Roos for
a partner. Major Fancourt is at present in London. Major
Fancourt did not believe the story when I told it to him. He
looked at the cards.

...-
Captain John Alexander, Commander in the Navy—l have
been 20 years a member of Graham's, and was one of the
Committee of Management last year. I had communication
in Feb. last with Mr. Higgins, and mentioned what he had
told me to the master of the house. I was present with Mr.
Higgins next morning, when the cards were examined. Most,
or all the aces and kings, were marked ; the mark seemed to
have been made with the thumb-nail in the face of the card,
which raised a slight mark on the back. Graham produced four
other packs of cards which were all marked in the same way.
I attended seven or eight mornings afterwards, and found the
cards marked in the same way. I never played with Lord De
Roos since ; when he came to the table where I was playing to
cut in, I always left.
Cross-examined by the ATTORNEY-GENERAL-.—l have been
2( years on half-pay, and have been a good deal at Graham's. I
have played a good deal, but have not made it an occupation.
It amused me a good deal. lam not a member of Crock-
ford's— my name was on the list more than once. As they
did not admit me, I should suppose they could not admit
me ; I have repeatedly spoken to one of the Committee
of Management. Play has been my occupation ; and if in
town I have seldom missed being at Graham's, and have
played from three to five hours before dinner, and four or
five hours generally after dinner. I have played all night.--
( Laughter.) I made as good a dinner as I could get, but
never dined on boilod chicken and lemonade. I dislike
lemonade.—(Much laughter.) I have been very successful—
I have been a winner all my life. I was a member of the new
Club, but withdrew in consequence of a vote come to in Corn.
mittee. My favourite game is piquet, and I was generally
successful. I have played whist also very frequently. I saw
the marked cards in the morning with Graham. He generally
showed us the cards in another room where the light
was better. It was not because the light was better, but
because the gentlemen were liable to come in. The marks
were pointed out first by Mr. Higgins, and then I observed
them. I thought there was every reason to believe that they
had been marked by Lord De Roos. I was a member of the
Committee, which consisted of thirteen. I communicated the
circumstance to at least seven of them, but Ito steps were taken
till the end of the season. I saw Mr. Higgins play after-
wards with Lord De Roos, perhaps twice. I think five pound
points deep play. I believe the largest sum I ever won at a
sitting was 7001., of which I handed over one half to my
partner. I do not recollect winning so much as 1,600/
in any one year. Expecting that I would be asked, I
looked out, and for the last twenty years I think I am
a better man by ten thousand pounds than if I had never
played. Much laughter.) Within the last two years
I have lost 1,8001. There were two gentlemen excluded
from the new Club, and I thought, with others, that Graham
was not authorized in excluding them; and I pledged myself,
if the Committee decided against Graham in so doing, that I
wbuld leave the Club ; they did so report, and I withdrew
I am a member of the United Service and the Union Clubs':
I have never abstained from wine when playing.
Mr. Higgins recalled.— I have been present when Mr.
Holmes has won considerable sums of money. lam a member
of Graham's New Club.

Francis Alexander Grant—l reside in Munster-terrace,
Regents-park. I am a member of Graham's Club, and often
played with Lord de Ross. I never knew of the cards being
marked, no never marked them.
Mr. Somes—l am a member of Grahams', and occasion-
ally played whist there. I never marked the cards.
Colonel Bailey—l was a member of Graham's Club last
year. I played occasionally, but never marked the cards.
Robert Seyton—l was a member ,of Grahams' Club last
year, but never marked the cards.
John M'Taggart gave similar evidence.
J. Buck, Major John Rainey, Isaac Newton Wigney, John
Harris, William Casey, and Robert M'Mullen, all members of
Graham's, were asked the same qnestions, and gave the same
answers.
The ATTORNEY-GENERAL understood that his Learned
Friend was now about to give evidence -of reports, which he
contended was admissible in the present case. It was held by
Baron Wood, that where the issues were justification, the de-
fendant could not go into evidence of reports, as it would be
difficult to rebut it, and because it was bad on account of its
generality.
Sir Wm. FOLLETT on the same side submitted that the de-
fendant had no right to go into rumours affecting the character
of Lord de Roos, an
matt er.d it was their duty to take his Lordship's
pini the
Mr. Thessiger, Mr. Alexander, and Mr. Watson, having
contended, on the other hand, that evidence of reports and
rumours ought to be received,
Lord DENMAN expressed his opinion that it should be, but
that it should not be made more general than was absolutely
requisite.
Lord Reay was very well acquainted with Lord de Roos.
For some time previous to the year 1836 there had been ru-
mours of unfair on the part of the plaintiff. '

Brooke Greville was a member of Graham's club, and had
been so for many years. Was very intimate with Lord de
Roos. Used frequently to play with him. He, with Mr.
Charles Greville, &c., wrote the anonymous letter to the plain-
tiff, after his (the plaintiff's) unfair play had been discovered,
in hope that he would by it be deterred from continuing that
course of conduct. Lord de [loos did discontinue it for some
time ; but, at last, the cards were marked again. After that
he neva. sat down to play at the same table with Lord de
Roos.
Honourable Fred. Byng—Remembered a letter being writ-
ten by Charles Greville to Lord de Roos. It was put into
witness's hand, to peruse. It was addressed to the plaintiff, at
Stutgard.
Cross-examined—Carried it to the Foreign Office.
Brooke Greville re-examined by the ATTORNEY-GP.NRRII.
Lost more than 3,0001. by playing in 1828. Had private
property of his own. Did not entirely subsist on his winnings
by play.
TnasswEn here begged to ask his Lordship, whether
this would not be a convenient time to leave off, as there was
no chance of concluding that evening, he having a great
number more witnesses to examine. It was then seven o'clock.
Lord DENMAN—It will be advisable to leave off here.
in the coursu' tho dy, i.i addition to the celebrated and

distinguished individauls already mentioned as being }:resent
at this extraordinary trial, there were also on the Bench Lord
Lyndhurst, Earl Clare, &c. The Court rose at seven o'clock.
It is understood that there arc upwards of twenty witnesses
still to be examined on behalf of the defence.
(THIS DAY.)
Lord DENMAN took his seat on the Bench this morning at
half-past nine o'clock. The Court, as yesterday, was crowded
to excess.

The examination of witnesses in the above cause was then
proceeded with.

Mr. John Harcourt Sorrell examined by Mr. TitEsstuEe7
I live in Old Burlington-street. I have been a member of
Graham's Club about 30 years. I know Lord Do Roos.
Before 1836 I have heard reports of unfair play by him.
In answer to a question from Lord DENMAN, the witness
said he had heard the reports for some years.
Edward Brown—l am the'eard accountant of the Travellers'
Club. It is my duty to keep a book, in which I enter the
names of the members who play. I place the cards on the
table in the Government wrappers, with the string uncut.
Lord De Roos played there on the 24th of April. On that
night there was a whist table, at which Lord De Roos played;
Mr. Brook Greville, Mr. James Spencer, Mr. Baring Wall,
Mr. Charles Greville, Lord De Roos, and Mr. Norman
M'Donald, made up the party; Mr. George Beutinck came
in afterwards, but he did not play with the two first packs. Mr.
Baring Wall, Mr. Norman M`Donald, Mr. Bentinck, and
Lord De Roos played at the whist table ; Mr. B. Greville
and Colonel Anson played at piquet. -After rising from the
piquet table, he ( Mr. Greville) came to me and asked to see
the cards I had taken from the whist table. We examined
them ; the aces and kings were decidedly marked. I should
say that the card now produced is the same. Mr. Brooke
Greville took them away. Ile told me to look at the cards
with which the other gentlemen were playing at whist when
they were done, and if they were marked to bring them to him
next morning at Fenton's Hotel. I found them marked, and
I sealed them, I brought them to Mr. B. Greville next morn-
ing, who, without opening the seal, desired me to bring them
to Mr. Charles Greville. I did so. Lord De Roos played
nine times in 1836 at the Travellers' Club—there was a pe-
culiar mode of dealing adopted by Lord De Roos ; it was by
throwing them (the cards) in a slanting direction, and suddenly,
from his hand ; he won eight out of the nine times he played
at the Tfavellers' Club.

Cross-examined by the ATTORNEY-GENERAL—I TlerGr saw
marked cards before. I was a courier on the Continent be-
fore I became Librarian to the Travellers' Club. I was tra-
velling on the Continent since I was 19 years of age, as a
courier and valet. I have been in Paris. I never was in a
gaming house there, nor in England. I was not aware that
Lord De Roos had a stiffness in the joints of his fingers. I
was aware that he had been unwell. On the 20th of April
Mr. Brooke Greville played with the first set of cards. I
put them in my desk with other cards. Some of them were
used by gentlemen in the other room. After I had sealed up
the cards which Mr. Greville desired me to notice, I put them
in my desk; all the gentlemen had left the room at the time.
Mr. B. Greville himself bad brought away the:first set. When.
I brought the second set to Mr. Charles Greville, I delivered
them to his servant. Mr. Greville has spoken to me often on
the subject of the marked cards at the Travellers' Club. On
one occasion he brought me to Lord Henry Bentinck, and
made me make the same statement as I now make to you; that
was in the morning room of the Travellers' Club. The
other conversations were in the room where the gentlemen
were playing, and sometimes in the drawing-room. Before
Mr. Greville went to the Continent, ho told me that it was
likely I should be summoned to give evidence. The total
amount of Lord De Roos's winnings was 311/,
Re-examined—Mr. Greville did not make me make this
statement. He requested me to state what I knew in the most
gentlemanly manner.—( Laughter.)
Mr. Charles Greville examined by Mr. ALEXANDIR—I am
a member of the Travellers' Club. Towards the close of the
month of April, 1836, some cards were brought to me, I un-
derstood, by Mr. Brown ; they were sealed. I gave them
afterwards to Mr. Brooke Greville. The seal was broken ;
otherwise they were in the same state as when I received them.
I examined the cards. I thought I saw some slight marks on
one or two of them. Subsequently a meeting took place be-
tween Mr. Brooke Greville, Mr. Cumming, and myself. The
subject of discussion generally was how to convey to Lord De
Roos the suspicions entertained of his conduct at play. I have
been for a long time on terms of great intimacy with him.
Something was suggested about an anonymous letter, and it
was determined that one should be written to him. I believe
it was done. After that I applied to Mr. Cumming for ad-
vice. I recollect Lord De Roos's leaving England, for the
Continent about August. I received a letter in the
succeeding month from him. I showed that letter to
Mr. Cumming and to Mr. Brooke Greville. I' wrote in
reply to Lord De Roos, which letter was founded on the
statements made by Mr. B. Greville and Mr. Cumming. That
was given to Mr. liyng for the purpose of being forwarded. I
received an answer in the first week of October. I have not
those letters with me. I dont know what has become of them.
After his Lordship's return to England I was the bearer of the
message to Mr. Cumming from him. I was desired to tell
Mr. Cumming that it was not true that Lord de Roos or his
brother had used the language attributed to them abusive of
Mr. Cumming ; also that in his opinion Mr. Cumming had
acted in a fair and gentleman-like manner towards him.
Cross-examined by the ATTORNR -GENERAL—That waa shortly after Lord De Roos's return to England. Tl-Aese
cards were delivered to me on the 25th of April. I acted
upon what Mr. Brooke Greville told me.
In answer to a question from a Juror, the witness stated that
he was told of the marking of the cards before he had exa-
mined them.
Mr: Norman M‘Donald examined by Mr. WATSON—I was
a member of the Travellers' Club last year. I played with
Lord De Roos upon one occasion. I did not then mark the
cards.

Mr. Baring Wall—l was a member of the Travellers' Club
last year. I played then with Lord De Roos. I did not then,
or at any other time, mark the cards.
Cross-examined by Sir W. FOLLETT—I have frequently
played with Lord De Roos. Sometimes won, and sometimes
lost.

Mr. G. Greville examined by Lord DENMAN—I don't re-
colic( t the direction on the parcel of cards brought to me.
I think Mr. B. Grevillo told me that he had desired Brown
to bring them.
James Turner—l am a waiter attending the card-room of
Graham's Club; I have been in that situation nine years. I
recollect the Ist of July when Lord Dc Roos and Mr. Payne
were playing. Mr. Graham was not in his place at the bar ;
he was ill and went to bed, and a waiter named Thomas
Musgrove took his place. Lord H. Bentinck was also play-
ing, but I don't recollect the fourth person. Mr. Payne
about two o'clock in the morning called for fresh cards. Ho
took one of the cards they had been playing with (the
ace of clubs) and held it up to the candle. He ap-
peared to be angry, and said something which I don't
recollect. Ile threw the card on the table violently.
It is my duty to remove the cards that have been played with.
I took the two packs that had been used away to the table near
the bar. Mr. Payne, while I was gathering them up, said,
" Take care of these cards, I will have them seared." I
afterwards examined the cards with Musgrove; several of
them were marked. Shortly afterwards Mr. Payne came to
the bar, and gave directions to Musgrove. I tied up the cards
and left them on the table in readiness for Mr. Payne. There
was no other party playing at the time. I told the circum-
stance to Mr. Graham next morning.
Cross-examined by the ATTORNRY-GENERAL.---It is not a
common thing for players to select a card and throw it down
with violence. I have known losers throw clown the cards
violently, and call for a fresh pack. I don't remember who
was Lord De Roos's partner. I don't know that Mr. Payne had
lost a rubber. What Mr. Payne said wash' the hearing of all
who were sitting at the table. Mr. Payne gave me direc-
tions to seal the cards for him at the table. What he said to
me must have been heard by all at the table. Neither Lord
Henry Bentinck, Lord De Roos, nor the third gentleman,
took any notice of it. Mr. Payne returned to the table, and
played the rubber out, and then his Lordship played no more.
His Lordship cut out. After the 2d of July, Lord De Roos
never played at Graham's ; Lord H. Bentinck did.
By a Juror—lt is sometimes usual to call for fresh cards in
the middle of a rubber.

William Henry Musgrove—l have been 33 years waiter at
Graham's. I recollect the night of the Ist of July ; there were
playing Mr. Seaton, Col. Anson, Lord H. Bentinck, and
others. I recollect at the close of the evening Mr. Payne
calling for fresh cards. Turner took the fresh cards, and we
examined the ones he took away--they were marked. Mr.
Payne desired the cards to be tied up for him, which was done.
There was a porter, named Elborough attending, and I told
him to be sure to I et Mr. Payne have them when he went away.
Cross-examined by Sir WILLIAM FOLLETT—Mr. Payne is
in Court, and I was in Court during the examination of the
last witness. The whist party broke up almost directly after-
wards. I believe no new rubber was played after that, but I
am not certain. lam quite sure Mr. Payne did not play for a
couple of hours after that with Lord De Roos. I could sea
from the bar who was playing. I don't know who was Mr.
Payne's partner or who Lord De Roos's partner was. Mr.
Payne played at picquet for an hour afterwards. Mr. Payne
is in attendance outside.
Henry Elborough— I have been six years porter at Graham's.
On the night of the Ist July, Musgrove directed me to give
two packs of cards which were lying on the table and papered
up, to Mr. Payne, when he was leaving the house. I did so
when I had opened and looked at them.
Sir William Ingilby—l am an old member bf Graham's
Club. I have been nearly thirty years a member of it. I have
known Lord De Roos as a member, and have frequently seen
him play whist there. I was in the club in March, April, and
part of May. I know the trick called saucer la coupe, and I
know the legerdemain by which the ace can be got to the
bottom of the pack.
Mr. TIIESSIGER—Have you ever seen Lord De Roos prac-
tise it ?

Sir WILLIAM FOLLETT objected to the question.
Witness explained what he believed was called_ the trick of
seater la coupe. A pack of cards was handeil him, and be
showed, after the cards were cut, that by a tans position of the
g
two divisions of the cards, the ace or '.tin was again brought
to the bottom. The performance of the trick created much
laughter, which was immediately repressed by Lord Denman,
who threatened to have the Court cleared if it was repeated. ,
Witness proceeded.—l have played a good deal at Graham!.
Club, and I havo remarked the extraordinary manner in which
Lord Do Ituos played, and recollecting the trick of my early
days, days, and likewise observing that he almost invariably tare%
up an ace or a king, I resolved to watch, and the firs
time I did I saw the trick done. I will not swear to a
,
hundred times, but I have seen Lord De Roos do the
trick of sauter la coupe fifty times at least. I never plaYe,,
with Lord De Roos but at Graham's Club. I observeer
with respect to dealing, that his Lordship handled tt_uf
cards in a very qtraordivary manner he was in the habit Q'