The Sun.
London, England, 1824-01-22 00:00:00

present action was against Mr. Taylor, as the proprietor of a t name ; Mr. Taylor never told me to ask any ere if he 05
' gaming-house, Nos. 57 and 58, fall-mall, to recover the sum I married or single. The house was not kept Sir. open on Christmas"
;
of 6771., and three times the amount, which William WillansA I day. Mr. Winans sometimes came alo
lost at rouge et noir in the defendant's house ; which he has, was there shat day. I never left the door where the hook w 3.4
not sued for, and which, therefore, his brother now sought to kept, from two in the afternoon till it was closed, so as not t°
be able to answer the bell. Mr. Eadee was a frequenter of the
recover, with the threefold increase, to his own use and that of
the poor.
house, hut lie did not introduce Winans.
The Jury proposed that the witness should write the sis
Mr. PaTTesoie opened the pleadings.
Mr. C. PHILLIPS stated the case on behalf of the plaintiff, first names in one of the pages, that they might compare then
the brother of the young man who had been the victim of the with the book, and ascertart whether it was in his handwriting'
seductions of the defendant's establishment, and who took Ile did so, and the paper 'was handed to the Jury.
this course by the desire of his afflicted family. The Jury asked the witness who were dealers in 1322 ? /1
copies
Mr. Pilkington, the attorney for the plaintiff, produced office
said Bengough and Mazemore ; they were not now living with
of the writs issued in the cause, to show that the action
was commenced within a year. Mr. Taylor. He had been at the battle of Waterloo.
Being cross-examine
George Fisher said, I was a dealer at the house from the 17th
d by the ATTORNEY-GENERAL, the of December 1821, to the 31st of August, 1822. Major I3eo
ger, introduced Wm. Willans. Ido not recollect seeing Wil'
witness said—Mr. William Willans called on me about a week
lane play for large sums. I remember being asked by Major
before the action was brout;ht. He said he came by desire of
Berger, who introduced Winans, in his presence, and I re'
his family. I did not tell him his brother should bring the ac-
plied, "He did." I think Willans said he had been in the
tion, and he should be the witness. I know Mr. Brough, but
have had no conversation with him respecting this cause. Mr. house prior to his introduction by Major Berger ; I then said,
Joseph Willans has not with him
that he frequented gaming- "I do not recollect your losing large sums ; '''
he replied that
he had lost money prior to my engagement with Mr. Taylor,
houses himself, or that his brother had been in many. Ido not
frequent gaming-houses.
I never saw Mr. Taylor in the room during play in my life.
Thomas Arlington produced an examined copy of the con- Cross-examined.—I never saw him in the room ;he might
tinuance roll, and proved the service of the last writ. he in the house. I have seen him in the room. I am now iii
Mr. William Winans was then called, and examined on the wine-trade. I formerly held a situation in Somerset'
the voice dire by the ATTORNEY-GENERAL.—He said, I house ; I left it in consequence of losses at play. I was ruined,
am not to have any money recovered in this cause : it is not to I knew Mr. Winans by no other appellation than Major be applied in payment of my debts.
Berger's friend. Mr. Taylor paid me 4/. a week. lam nog
inspector at another gaming-blase, 32, Pall-mall, as well as 10
the wine-trade.
He was then examined by Mr. PHILLIPS, and stated as
follows :—I am the brother of the plaintiff. I know the house
John Mazsmore said, I became a dealer at this house in Pe'
11 57 and 58, Pall-mall. In March 1822, it was kept as a gam-
ing-house by the defendant. Rouge et noir was played there. ember, 1819, and continued till the latter part of April last,
On the 20th of Marche I
was thsere ; I played ;a I took a I knew Wm. Winans as Major Berger's friend ; lie was intl.')."
memorandum of my loss at the time on this very pper (look- duced by Major Berger. He first came about Midsummer,
ing at it); I lost 351. On the 22d, I lost 16/. ; on the 23d, 1
lect that the house was closed on Good Friday ; notice was
1822. 1 believe he was not there in March or April. I rtcol-
given, and I did not attend. Mr. Taylor's interest ceased in
lost 971.; on the 24th, I lost 18/. ; on the 28th, 37/. ; on the 29th,
101. ; on the 3d ofA pril, 761.; on the 4th, 181.; on the sth of April,
1061.; on the 6th, 151.; on the 9th, 11/. ; on the 11th, 151. ; on the latter end of August, 1822 ; he had ceased to attend the
the 12th, 26/. ;on the 13th, 54/. ;on the 16th, 18/. ;on the 19th, play-room for hornonths be ore. I never saw W. Willans s ake
Si. at a time play even gold. Ido not choose to say whet
181; on the 20th, 861. ; on the 3d of May, 061. At this time I
did business in the stocks, though I was not a member of the lam now.
Joseph Bengough, another dealer at the house, said I was
Stock Exchange; I had previously been a wine-merchant. 1 '
once in the commissariat ; I entered it about November. 1817,
had often been in this house before March, 1822 ; I frequently
Mr. Taylor left the concern in August, 1822. During the
saw Mr. Taylor there; he inspected the tables ; disputes were
whole previous year, Mr. Taylor never attended in the play'
irte fteorrheidmt.o hlinm
r;
,anlBy2],enltlheamdaancsovnavneterdsaitnioonnewyi,thhielilmen;t
room. Willans went by the name of Major Berger's friend ,
he asked me several questions respecting his house in Pall-mall.
February,
he rarely played. I never saw a bank-note in his hand.
I then saw him in a house at the comer of Bolton-street, Pie- Cross-examined.—I now live on the bounty of my friends.--
cadilly, where I went by desire of my mother. I told him I Mr. Taylor has sent me a note when I asked for it.
waited on him by her desire; he said, " I have received letters Alr. James West said, I was principal manager of the house.
from her, saying, you lost money in my house ; I do not recol-
___.
I was present at the meeting in Bolton-street, between Mr.
lect your person." I said, " I was surprised at that, as he Taylor and Mr. Willans. Mr. Winans said he had never
must have seen me many times in his house." He asked me to seen Mr. Taylor till that day. He seemed to think he had a
wait, and called in a dealer whom he had sent for, to see if he claim on Mr. Taylor for money lie said he had lost. I had
could recognize me. The 'dealer was one whom I had often seen him before ; but never knew his name. He may bare
do." Mr. Taylor asked "if he knew me ?" Ile said, " I played for 11. or Had be lost such sums as 1001. I must
do." Mr. Taylor said, " Tltis gentleman says he has lost have known it. When any gentleman played for large sums.
1,400/. in my house ; do you know any thing of it ?" The we always inquired his name ; we never thought it worth while
dealer replied, " I think he must be mistaken, as I have to inquire iii,,
name.
seen him play only for small sums." Mr. Taylor asked Cross-examined.-31r. Taylor now lives in Arlington-street+
me if I was married ; I said I was. He said if he had known and keeps a highly respectable establishment. The house in
that, he would not have let me into
mho. hoe
No one Bolton-street is a subscription club-house.
had ever asked me if I was a married man. He went on to Ite-examined.—l never saw Mr. Taylor in the play-room ill
say, '• What can Ido for you ?" I told him " I was placed in 1822.
a very unpleasantthat I did not comeconicsituation,
Mrs. Mary Strong said, Wm. Willans and his wife came to
account, but by desire of my mother." libelse said, " Well, lodge with her in October, 1821, and lived at her house three
what is your mother's wish ?" I replied, "
led"v she bad months. He was to pay rent monthly. When he left 71. was
stated it in her letters:" he said, " Well, what is I re- due ;be gave her a bill, which he paid partly by coals, partly
" that he should return me the money I had lost, or
plied,
in money. About 21. 10s. was paid in halfpence. The clothes
procure me some situation to maintain my family under Go-
" were left till the bill was paid.
-vernment, or in some public office."—(A laugh.)—He said Mr. Thomas Woods proved that Willans borrowed several
" 'Well, Sir, I will make inquiries, and let you know." half crowns of him at houses of play. He never saw any large
then left him. I have seen him since but tot t s speak to him. sums in his possession.
I never heard any man in the house asked whether lie was mar- Mr. John Abbott proved that W'illans borrowed small sums
vied or a bachelor. I believe the dealer I saw was named once he borrowed 1/., and paid it by instalments. West. lam quite certain as to the sums I lost. The game Mr. PHILLIPS' replied.
of rouge et noir is played by the players against the keepers of .
The LORD CHIEF JUSTICE left the Jury to decide on the
the house. Wines, spirits, and refreshments are provided gratis.
could credibility of the only witness in support of the plaintiff, broken
Cross-examined by the ATTORNEY-GENERAL—I in upon as it was by the witnesses for the defendant, and bY
not rely on my memory for the dates and sums, but wrote them the testimony respecting the Good Friday, and by the appear-
down every evening after 1 came home. I swear these entries ance of the paper which he had sworn was written night by
were made night by night ; not all at the same time. I set night, but which had all the appearance of being written at
down all that -1 lost, and all that I won. I first began to play one time.
at this house in February. 1821 ; the paper begins one day The Jury retired at five o'clock, and soon after returned to
beyond thc year, because I had not been for some time—about ask whether, if they found for die plaintiff; they could reduce
nine months. A gentleman of the name of East introduced me the damages.
to tnis house. I never saw Mr. Bercher till I saw him there. The Lotus CIIIEF JUSTICf you can give credit to
I have been in 16, Bury.street ; I did not play there in March. this man, you may find for a part of the debt.
I kept an account of my losses there. I played at No. 10, The Jury retired again, and at a little before six returned
Kin street, in March, 1821. I was not in die house in 1322. into Court, and said, "We find that the witness has lost 1701."
I was not shut out in consequence of any misconduct. I They accordingly found for the plaintiff 6801., parcel of the
have played at 32, late 40, Pall-mall, in 1822, very sum demanded.
often. I have also played at No. a, King-street, in 1521.
I do not know who Sir. East, who introduced me was, but _ea__
I was introduced to him by Mr. Jackson, a surgeon in the
navy. I used to speculate in the funds on my own account.
I had no establishment. I left the business of wine-mer-
chant in May, 1821, after I had been in partnership with Mr.
Fermenter about six months. I did not fail. Before that I
underwrote a little in Lloyd's Coffee-house, for 31r. Nibbs. I
was then a clerk to Robert King, Esq., an insurance-broker.—
In 1822, when I was losing these large sums of money, I was
not borrowing small sums from different people. I then lived
in a lodging up one pair of stairs, in John-street, Clerkenwell;
it is not paid for now; I have given an acceptance which I hope
to pay. I swear I have no expectation of sharing in the pro-
ceeds of this action. At the meeting in Bolton-street I did nut
say I never saw Mr. -Taylor before. I know a person named
Peyton ; I have never borrowed any thing of him ; he owed
me a considerable sum of money, which he paid me by small
instalments. I never asked any one to point out Mr. Taylor
to me. In March, 1822, 1 swear that I saw Mr. Taylor there.
—I never heard the name of Goodrich. I introduced myself'
to Mr. Pilkington to consult him, by my mother's desire. Ido
not write or dictate my mother's letters. I introduced the plain-
tiff to the attorney; he is three years younger than I am ; he
has been a few times to these houses. I have received small
sums as 7s. 6d. at a time from Mr. Peyton ; but he owed them
to me. Mr. Peyton sold a pipe of Madeira for 32/. for me to
Mr. Oldfield, the gambler, in 1821. The meeting in Bolton-
street was by appointment : West was not there the whole
time ; but after he came he stayed till I went away. In the
interval, before March, 1822, I went to the: minor houses, hav-
ing little to lose.
Re-examined.-31r. Peyton did not pay me the whole 32/.
for the wine, and I was glad to get the balance as I could.—
The partnership was dissolved because I lost my money. I
paid Mrs. Strong. for my lodgings. I have often borrowed
small sums to pay for a coach home: but never except at a
gaming-table. I have often borrowed small sums at the gam-
ing-table, but there only. On the balance, I have lost be-
tween 1,3001. and 1,4001 at Mr. Taylor's house. My mother
desired me to call on the attorney who conducted the former
cases, and I went to Sir. Philip's office to know where he
lived.

COURT OF ADMIRALTY, JAN. 21.

TAE ELIZABETH.

Dr. ADAMS stated, that as this was an unbpposed motion, if
would have been, in an ordinary case, a motion of course :
but it seemed very necessary to state the circumstances of this
matter. It was an appeal from the sentence of the Vice..
Admiralty Court at tile Cape of Good Hope, which appeal
had not been p osecuted. In the month of August, 1821,
the Elizabeth was hired under a charter-party entered into be-
tween Mr. Pedder, a merchant at the Cape, and owner of this
vessel, and the mercantile house of Morse and Co., also reidd-
ent at the same place. The charter-party was for three months,
and stipulated that the Elizabeth should, during that period,
be employed in a variety of voyages to and from adjacent pars
of the coast of Africa ; and by a particular covenant, Messrs.
Morse and Co. agreed to insure the owner in the suns of 7,008
" against all such risks as underwriters run."--
This insurance covered the ship throughout the various risks
she was to be exposed to pending the term of the charter-party,
but did not elver the freight, which was valued at four hun-
dred rix-dollars more: Upon freight, however, no question
whatever had arisen. Very near the close of the term mention-
ed, the Elizabeth was unfortunately wrecked; and a question
arose in the Court below, upon the substituted value of 7,000
rix dollars in the engagement between the parties. In coin-
pl ance with a monition issued in Anril, 1822, under the seal of
the Vice-Admiralty Court of the Cape of Good Hope, Morse
and Co., by their proctor, appeared in Court; but under pro-
te t. The ground of tha protest was, " that courts of common
law have cognizance, to the exclusion of Courts of Admiralty,
of all contracts made on land." But to this it was answered,
that the Vice-Admiralty Court, by the letters patent which
had been granted to it from the Crown, was specially war-
ranted to take cognizance of all matters whatever relating
to maritime affairs, bills of lading, warrants, charter-par-
ties, &c., and entitled to proceed in all cases occurring with-
in the limits of its jurisdiction between merchants and own-
ers of ships. The Judge of the Court below, after hearing
the argument on both sides, overruled the protest, and as-
signed Morse to appear absolutely, and on the sth of Au-
gust, 1822, by his interlocutor decree, he directed the seven
thousand rix dollars to be paid into Court. This was done,
but the proctor for Morse protested ofa grievan'te and appeal.--
A protocol of appeal was accordingly put in and admit-
ted, wherein the proctor prayed leave of the Court at the
Cape to appeal to the High Court of Admiralty in England ;
so that here the appellant had his own choice as to jurisdic-
tion ; which (Dr. Adams added) his Lordship would not fail to.
observe as a very material point. Then the proctor for the
owner prayed that the sum of 7,000 rix dollars might be paid
out of the registry, on sufficient bail being given to answer
the other party's asserted appeal. The Learned Counsel (Dr.
Adams) then stand, that this appeal had never rot been prose-
cuted by Messrs. Morse and Co., and his application to this
Court was, that his Lordship would pronounce the appeal to be
deserted. The offect of this would be, that the bail would be
released, the money having been already brought into Court.
The Co URI' pronounced the appeal to be deserted, as prayed.

Mr. Pilkington being recalled, said, he received from Mr.
Winans a written account of his losses. It began much earlier
than the month of March.
John M` Mahon and . Joseph Tyson, were called on their
subpcenas.
Mr. Tomlinson proved the house, 57, 58, Pall-mall, to be in
St. James's parish.
The AT TORVEY-GENERAL addressed the Jury for the de-
fendants. Ile asked them if they could believe that the wit-
ness, on whose testimony the case entirely rested, after being
forced to recede from his partnership, and gambling in the
Stock-Exchange, had the sums in his possession which he had
sworn that he lost? Could they believe that he, without the
least idea of bringing an action, night by night, wrote down
the amount of his losses ? If they looked at the paper produc-
ed, they would be satisfied that it was all written at one time,
and it was obviously written only for the purposes of the cause,
for it began only one day beyond the year to which the action
was by law restricted. 'true it was that the defendant had
been connected with this gaming-house; but he had seceded from
it, and, in fact, never was present during the whole time when
Mr. Willans swore that he saw him presiding over it, though
not then entirely separated from it. He would prove that,
during March and April, 1822, the witness was not in the
house ; that in those months Mr. Taylor was not in the play-
room ; and that he never lost, and never was in a condition to
lose, the sums which he now swore that he bad lost. He was,
indeed, in great poverty, borrowing small sums of money, and
unable even to pay for his lodgings. Great prejudice un-
doubtedly existed against the keepers of gaming-houses—a just
and honest prejudice ; but when he proved these facts, and that
the day on which the witness professed to have lost his largest
sum was Good Friday, on which there was no play, lie was as-
sured that they would give him their verdict.
William Craggs said—l am a porter at the house 57 and 56,
Pall-mall, and have been so since 1312. It was my duty as
'porter to keep account of all persons who came to the house.—
I entered their names, first on slips of paper, and on the same
evening in a book. I know Mr. 'Win. Winans. I did not
know his name, but called him Mr. Berger's friend; lie was
first introduced by Berger. The house was not open on Sun-
day or Good Friday for play. The witness referred to his
book, and said the entry was on the sth of April, 1822,
" Good Friday, April s—no play ;" and after looking at all
the days spoken to by Mr. 'Winans, said he was not there on
any of those days. Mr. Taylor quitted the house on the 31st
of August, 1822, and for nearly a twelvemonth had left the
personal management of the concern.
Cross-examined by Mr. PHILLIPS.--I think the last day
Mr. Willans was in the house was the 13th of August, 1822.
He first came on the 10th May, 1822. I never asked him his

WATERLOO.-The Government of the Nether-
lands are about to erect a magnificent monument
on the plains of Waterloo, in commemoration of
the great victory obtained there by the Allied
Army, under the command of the Duke of WEL"
LINGTON, in 1815. Messrs. CHAPEL and Co.
have entered into contract for the due execution
of the t,atue. The cost will be 129,000 guilders,
between eleven and twelve thousand pound;
sterling. The colossal lion of cast metal will
weigh upwards 100,0001 b.

MILL Fiatrrs.—On the 13th ult. a magnifi-
cent spectacle of bill! fights took place at Ma.-
drid, at which the King and the rest of the Royal
Family were present. Fifteen bulls were killed,
and precisely the same number of horses were
either wounded or slain.—The celebrated French
Contractor, M. Ouviti.an, gave on the same day
a truly LUCULLIAN fate. The repast alone is
said to have cost 20,000 francs (800 guineas!)
Amongst the guests were the Miuistets of Spain•