The Sun.
London, England, 1822-07-26 00:00:00

GAMING HOUSES•

BOW-STREET.—Yesterday two men, named Barry and
Jackson' the proprietors of a gaming-house in Pall-mall, and
Messrs. Silk, Felton, Maddox, Barber, Soyeux Israel, and 16
others, (whose names could not with accuracy be collected), all
fashionably dressed men, and some of them, it is said, connect-
ed with families of distinction, were brought before Sir R.
BIIINIE, in the custody of J. J. Smith, one of the principal
officers, and several of the patrol, under a search- warrant issued
on the previous day by. Mr. Minshull, upon private informa-
tion. The charge against them was, that they, 4- being idle
and disorderly persons, did haunt, resort to, and play at un-
lawful games," in the house No, 33, Pall-mall.
Mr. ALLEY, who attended for the defendants (except Barry
and Jackson) 'took Mn objection in limine to any proceedings
being had under this warrant. Mr. Mirishull was the Magistrate
who granted this extraordinary warrant; he, of course,was in pos-
session of the information upon which he had thought proper
to issue it, and before him, and no other Magistrate, the case
should have been heard. Mr. Minshull should have paused be-
fore he granted a warrant to officers to break into a man's house,
and at least, when he had done so, he should have taken care
to hear and dispose of the case. The warrant was issued against
" two men of the names of Barry and Jackson, whose Chris-
tian names were unknown, and divers other idle and disorderly
persons." This, the Learned Gentleman contended, was not
a legal warrant, the omission of the Christian names rendering
' it a mere nullity. It had been ruled over and over again, that
warrants of this general description were illegal, and he called
upon the Magistrate to dismiss the matter without any further
hearing.
Sir R. BZRNIE, without expressing any opinion upon the
legality of the warrant, must, he said, hear the case. There
was a certain number of persons before him, and he must hear
under what accusation they appeared there, and dispose of them
in some way or other.
Smith the officer was then called, and stated that a warrant
having been placed in his hands, he went, with about 15 other
constables, at half-past 10 o'clock on Wednesday evening, to
No. 33, Pall-mall, and having, by a preconcerted plan, gained
admittance at the lower door, they went up to the first floor,
where they found 12 of the defendants sitting round a table,
playing at a game the name of which witness did not know.—
'There was a great deal of money, and a large number of
silver counters on the table. The appearance of the officers
in a moment threw all the party into confusion, and a gene-
ral scramble took place, in which witness -acted a part, and
seized three 101., and five 51. notes, thirty sovereigns, and a
quantity of silver and counters. Having secured the players
and their apparatus, they went up to the second floor, where
they found time remainder of the defendants playing at Rouge ct
Noir. There, also; a contest took place for the money,
and one gentleman, who appeared to be quite at home in a
scramble, got by far the greater part; the officers succeeding
only in getting the silver counters, of which there was a great
number. The box or drawer, which was called " the bank,"
was secured, but unfortunately there were " no effects," the
money having been " scrambled" out. - lie believed Barry
and Jackson were the proprietors of the house.
The gaming apparatus and several papers were produced by
Smith, Nichols, Bond, and other officers. The table at which
the party in the first floor were playing was of a circular form,
with compartments, numbered, and of various colours. There
was also a large green cloth covered with figures, several money
scrapers, balls, &c. The game played in the first floor was
understood to be Line, deux, ciuque.
The following paper was produced which the officers found
stuck up in the room :
" Gentlemen are most respectfully informed, that the Rouge
et Noir will be open every day (Sundays excepted), from one
o'clock till four in the day, and from seven till eleven in the
evening.
" The stakes are limited from half-a-crown to twenty-five
pounds.
" Any stake under half-a-crown cannot be received or paid ;
nor can any declaration whatever be attended to.
" Gentlemen are particularly requested not to stake their
money hall way. upon the colours, as the bank, to prevent er-
ror, will give change.
" Gentlemen are most respectfully informed, that the bank
will be on the table every day (Sundays excepted), from one
o'clock in the day till twelve at night.
" Stakes are limited fiom one shilling to one pound on each
of the numbers and zeros ; and from half-a-crown to fifteen
pounds on the even chances.
. " As the bank have their own counters, gentlemen are re-
quested to exchange their money for them before they dom-
-mence play, as the bank, to prevent mistakes, cannot receive
or pay any other than silver. .
" No declaration can be attended to, nor half stakes taken.
" Gentlemen are 13articuW•ly requested, when their money
has won, not to touch their stakes till paid. •
" No. 33,• Pall-mall."
The defendants made no resistance to the authority of the
officers, except the taking of all the money they could get ; and
they were taken quietly to St. Martin's watch-house, where
they were lodged for the night.
Mr. ALLEY addressed the Magistrate at some length, and
with considerable warmth, in behalf of the defendants, who, he
said, with the exception, perhaps, of Barry and Jackson, who
were said to be the keepers of the house, had been most.unjust-
ly dragged forward. The warrant was to apprehend "idle and
disorderly persons," and his clients certainly did not come
under that•denornination, for many of them were gentlemen of
the highest respectability, and had gone into the house by mere
accident. The warrant, like all general warrants, was illegal,
and he was surprised that Mr. Minshull should have issued
such an instrument. If the officers had been resisted, and
any one of them had been killed, the crime would not have
amounted to murder. He must enter his protest most so-
lemnly against such a warrant, and he would call upon the
Magistrate to dismiss the gentlemen before him. There was
a deficiency in the proof, for he had no evidence that they were
playing, and moreover they were not named in the warrant.—
As the Magistrate who issued it had chosen to limit the au-
thority of the officers, by inserting the names of two persons
only, they had no power over any others.
Sir B. BIRNIE said, that these gentlemen, however respect-
able they might be, were found in the house, and in such situa-
tions as left no doubt upon his mind that they were playing, The
Act of Parliament, however, said " persons haunting, resort-
ing, and playing," and lie thought the " haunting and resort.
ing"lnn not proved. If he could take the passage in the dim.

junctive, he certainly should hold all the defendants to bail ;
but as it was, he should only call upon Barry and Jackson for
sureties. _ _

Mr. ALLEY said, he was sure it would be quite sufficient
for the worthy Magistrate to discharge the others with his ad-
monition. _

Sir R. BIRNIE said he knew nothing practically of gaming,
never having won or lost 10s. in his life; but is what he had
heard were true, his admonition would have very little effect
upon men who addicted themselves to the practice, and he would
therefore spare it.
Twenty-two of the defendants were then discharged upon
payment of the usual fees, and Barry and Jackson were held
to bail, each himself in 2001. and two sureties in 1001.
The apparatus, money, &c., remain in the possession of the
officers, who received the thanks of the defendants for the kind-
ness and delicacy with which they performed their duty.
Some of the defendants appeared heartily ashamed of their
situation.

MANSION lIOU sE.—Yesterday two persons, genteelly
dressed, were held to bail for having taken part in a riot before
the Mansion-house, on Wednesday, occasioned by the resist-
ance of the multitude to the Peace Officers in their efforts to
enforce the City regulations to the Blackwall stages.

HAT TON GARDEN.—Yesterday several Bargemen belong-
ing to the Regent's Canal were charged with having entered
into a conspiracy not to work their barges to Paddington,
where they were to take on board a numerous detachment of
the Guards to be conveyed to Liverpool, unless they had an
advance of wages. They were all conveyed to prison until
they could give security to appear to answer the charge.