The Sun.
London, England, 1846-12-08 00:00:00

COMMON PLEAS.-(THIS DAY.)

HOLDSWORTH V. GIBSON AND OTHERS.
On the opening of the Coutt, the evidence on behalf
of the defendants was proceeded with.
Major Ford, an officer in the army, examined—l was
in Plymouth in 1845, and was then a temporary member
of the Royal Western Yacht Club. I saw Dr. Holds-
worth and Mr. M'Donald there at the club. I was in
Plymouth three months. I recollect meeting Dr. Holds-
worth and Mr. M'Donald one night in July, when I went
from the club in company with them and some others.
We were invited to sup at Mr. M'Donald's lodgings.
We had an excellent supper, and we played both before
and after supper. We did not play very high before
supper, but we did after. We played at ecarte, which
was proposed by Mr. M'Donald. The latter played
against me the whole evening ; and Dr. Holdsworth
always bet on Mr. M'Donald's side, The stakes got
higher as the evening advanced. As far as I know, the
cards were the same throughout the evening. M`Donald
won everything. Dr. Holdsworth moved about a
good deal, but he mainly stood behind my back,
and could see my cards if he desired. The
king is considered a capital card at ecarte. If a person
has a king. he is sure to win every game. On that oc-
casion M'Donald turned up a king almost every time,
and I remarked 1 never saw such turning up before.
We played till early in the morning. My losses to both
were about 1,075/. Shortly afterwards I paid it.
Cross-examined by Sir F. THESIGER—i paid the
money by letter. lam rather fond of a game of cards,
but not of gambling. I never played f uch large
stakes before or after. The largest stakes I have ever
bet on any other occasion was Si. The largest loss I
have had otherwise at cards was 100/. I am not very
lucky at cards generally. I do not know how much I
may have lost in my lifetime, apart from the evening in
question ; but I do not think that the losses have been
2,0001. in the aggregate. I have since played st
cards, but it has been whist, at is. or 2s. 6d. a game,
never higher. I had seen Dr. Holdsworth at the
club before, and played, I think, a game or two at
ecarte wish him. We commenced at 5/. a game,
and
run it up to as much as 4001. 'We bad only one
game at the latter sum, which I lost, being 2001. to
M'Donald for the game and 2001. to Dr. Holdsworth as
a bet. I lost 5051. to Dr. Holdsworth, and the re-
mainder to Mr. M'Donald. There was a Mr. Craigie
present and another person, Mr. Ayre, I believe.
Re-examined—We played about three and a half
hours after supper.
I never was a winner during that
time.

Walter Lormer, secretary to the Royal Western Yach
Club, examined—l have been secretary nine years.
There are in it 312 members at present. It consists of
a number of noblemen and gentlemen, who take a plea-
sure in yachting. It is a rule of the club to allow any
member to introduce a visitor for a month, at the end of
which they must be elected or give up attendance. I
recollect seeing Dr. Holdsworth and Mr. APDonald in
1845, at the club. According to the books of the club
Dr. Holdsworth was introduced by Mr. Ayre, as a
visitor, on the 10th of June. I had not known Dr.
Holdsworth before. It is necessary to give
1 ,
the residence of visitors introduced. thise
O
occasion Tours was given. as Dr. Holdworth's
residence. On the 25th of the same month, E. M'Dn o
Esq., was introduced as a gentleman from France. On
the 11th of July both were elected members. Captain
Atkinson and Mr. Ayres were the proposers and
seconders. They were on this occasion described on
the notice papers as Dr. Holdswortb, of Whitehall,
Leicestershire, and Mr. M'Donald, of Stonehouse. I
recollect on the 17th of August Mr. Fitzgerald O'Brien,
of Ballycannon, Ireland, being admitted as a visitor in-
troduced by 1)r. Holdsworth. He was balloted for on
10th of October, when 25 voted ; 13 were against him.
One in seven black balls excluded. At the general
meeting of the members which followed, some rumours
were afloat about these gentlemen, and in consequence I
wrote a letter to Guernsey. I received a letter in
answer, which was submitted in the first instance to the
committee, and afterwards laid before a general meeting.
In accordance with the instructions of the committee, I
wrote a letter to Dr. Holdsworth. (The letter was here
put in and read, which Let forth that they (the commit-
tee) had heard certain statements about his conduct
at Tours, which would compel them to bring the matter
before a general meeting, and therefore they wished him
to withdraw from being a member of the club. Ar
answer from Dr. Holdsworth was received, denying that
he had done anything dishonourable while at Tours,
and hoping they would specify any charge they bad to
make against him. Another letter was sent by witness
on the 29th of January, intimating that a o;eneral meet-
ing would take place on the following 'Thursday, at
which the connexion of the plaintiff with Connolty's
gambling transactions at Tours would be investigated.
A general meeting in consequence took place, specially
convened for the purpose. On the 31st, Dr. Holds-
worth sent another note, denying all connexion with
Connolty's gambling affair, and declaring the statement
of the Tours correspondent to be a " tissue of mali-
cious falsehood." The meeting was held on the
sth of February, and was very fully attended.
More than ninety members were present. Mr.
[locker was in the chair. The letters received from
Guernsey were laid before the meeting;, the corre-
spondence already referred was also read. Neither Dr.
Ll9ldoworth, tau Aix. AVD9n4I4 were present,

Beer, an attorney, was present on their behalf, but it
was decided they could not hear him as their profes-
sional adviser. They wished Dr. Holdsworth and Mr.
O'Brien to attend and make their own explanations.
The latter gentleman was sent for, and the club waited
for more than an hour, but he did not come.
The Guernsey letters were then read, which were in
terms the same as what is given in the alleged libel
already published with the addition of recommend-
ing Mr. Lormer to apply to Colonel Lane of the
Guernsey United Service Club, if further information
was required, as he knew all about these " bucks." The
ballot then took place, when Dr. Holdsworth had for
him two white balls ; against him, 50 ; for Mr.
M'Donald, 1 white ball ; against him, 51. I returned
Dr. Holdsworth's subscription for the year. Dr. Holds-
worth since then had never remonstrated against the
decision.
Cross-examined—l allowed Mr. Latimer to take a
copy of the letters for insertion in the newspaper. I
think I cautioned him at the time about the insertion of
the letter, as it might be considered libellous, but I
cannot say the exact terms in which I expressed myself.
Re-examined—l believe that it was on the day the
paper was published that I expressed the opinion that
the contents of the letter might be libellous.
John Whitehead Peard, barrister-at-law, and Deputy-
Chairman of the Royal Western Yacht Club, examined
—I remember Dr. Holdsworth and Mr. M'Donald being
proposed to the club. I did not know them before,
though I was well acquainted in Plymouth. I was pre-
sent when they were balloted for. I put in a
blackball on the occasion, as I knew nothing of them.
On account of certain rumours about these gentlemen a
general meeting was held on the sth of February.
Before opening the business, Mr. Beer, an attorney,
and member of the club, said he appeared as
the professional adviser of the two gentlemen. It was
answered that he could not be heard as their legal
advises., but that he could be heard as their friend. He
declined to speak in that capacity, and Dr. Holdsworth
and Mr. M'Donald were sent for, Mr. Ayre going for
them as their proposer. Though the club waited a
considerable time they did not come. They were then
blackballed.
Cross-examined—l spoke rather strongly on the
occasion twice. In addition to the other letters referred
to, two were read from friends of Dr. Holdsworth, a Mr
Lorraine and Mr. Weard. I never objected to the
reading of these letters.
Ernest John Craigie examined, said—l am a member
of the Royal Western Yacht Club. I recollect being
present at the club about the 9th of July last. On that
evening I left the club about half-past twelve, when, on
the proposition of Dr. Holdsworth, I went to Mr.
M'Donald's for supper. The party were Major Ford,
Dr. Holdsworth, Mr. &Donald, Mr. Ayre, and myself.
When we got there a very nice supper was laid out, with
plenty of Champagne. After supper, play commenced.
I did not play myself, but bet money on Major Ford. I
lay on the sofa, and slept part of the time. I wakened
once or twice during the progress of the play and asked
how I stood in the game.—(Laughter.) Mr. M'Donald
and Major Ford played a good deal together, and during
the time I noticed Dr. Holdsworth moving about. I lost
about 201. I again was present with these parties on the
12th, and on or about the 28th, at the club, when there
was considerable playing. On another occasion I invited
Dr. Holdsworth, Mr. M'Donald, and Mr. Moore to my
apartments. I did not play on this occasion, but bet on
Mr. Moore. I lost 1001. to Dr. Holdsworth; and 401. to
Mr. M'Donald. I lost money on the turning up of the
kings. I bet at first sto 1 on turning up the king, and
afterwards 4to 1, but lost. The usual odds is Bto 1.
Finding that the king came up too often, I reduced the
odds. I should say the king was turned four or five times
out of seven.

On cross-examination the witness admitted that he

was fond of play, and had lost considerably on other
occasions, especially on horse-racing. He had lately
given up all play for large sums.
Eliza Thompson examined—Said, I reside at 84,
Union-street, Stonehouse. In April or May Mr.
M'Donald took my lodgings for Mrs. M'Donald, a
servant, and three children. Dr. Holdsworth came with
them in a coach to my house. Dr. Holdsworth and Mr.
M'Donald went and slept at 45, on the opposite side.
Dr. Holdsworth always took his dinner with Mr.
M'Donald and family. In about a fortnight, Mr.
M'Donald and family removed to a furnished house, but
Dr. Holdsworth stayed some time longer at 45. On the
16th of August Mr. O'Brien arrived, and Mr. M'Donald
took my apartments for him. Mr. M'Donald and Dr.
Holdsworth visited Mr. O'Brien often, and on several
occasions took...refreshments, though Mr. O'Brien was
out. Mr. O'Brien gave an entertainment about the Bth
of October. It was a considerable one for my apart-
ments. Mr. O'Brien gave the orders for the articles
to be supplied. A great number of respectable people
of the town, both male and female, were present, in all
about sixty. Mr. O'Brien I think left on the Wednesday
week following. I recollect also Mr. M'Donald leaving;
the coach called at my house for them as it fronted the
road. Dr. Holdsworth was present when they left.
John Stone, tailor, at Plymouth, deposed that he knew
Dr. Holdsworth, Mr. M'Donald, and Mr. O'Brien, and
worked for them all. He knew Dr. Holdsworth first of
the three; the others came with him.
Wm. Henry Hawker, chairman of the "Royal West-
ern Yacht 01* " examined—l never heard of Dr.
Holdsworth or Mr. M'Donald before the proceedings
in the club. I was present when the inquiry took place,
and examined the ballot box.
Louis Bournier, a Frenchman, was examined in
French, and interpreted to the Court by Thomas
Davies. Witness—l was a resident at Tours, in
1842, and knew Dr. Holdsworth and Mr. M'Donald.
I was at a cat 6, on the evening of the 9th of
February, and saw M'Donald there with Mon. Deson,
Captain of French Hussars, Baron Rosseti, told another
gentleman. Mr. Connolty was also present. They were
playing when I arrived at the cafe, and Mr. M'Donald
was along with Mr. Connolty. They adjourned to a
room at the bottom of the garden, when Mr. M'Donald
went out and brought in Dr. Holdsworth. They ad-
journed to that room at twelve o'clock, as the police
closed the cafés between eleven and twelve. They went
there at the desire of the master of the cafe. When Mr.
M'Donald came back with Dr. Holdsworth, Mr. Con-
notty was playing against Mons. Deson. The former
bet on Mr. Connelty's side, and Baron Rosseti and the
other gentleman bet on Mons. Deson. The play went
on till about day-break. The first thing that excited my
suspicion of foul play, was the continual luck of Mr.
Connolty. They were playing at ecarte, and I remarked
always, that when the cards came into Mr. Connolty's,
and he had a king, he " pitched the corner." I further
noticed that every time Connolty dealt, he either turned
up a king, or had it in his hand. About two o'clock,
Baron Rosseti and his friend was leaving, but I followed
him, and brought him back, to show him how the game
was going on.

(The case was proceeding when our report left.)

SURREY SESSIONS.—(THIS DAY.)
The Court resumed this morning, Mr. Packle, Chair-
man, and several Magistrates present.
Thomas Foulkes, and Henry Foulkes, his brother, om-
nibus proprietors. of whose case we gave a report yes-
terday, were again brought before the Bench, and the
jury having brought in a verdict of Guilty, were sen-
tenced to fourteen days' imprisonment in Brixton gaol.
Henry John Dunstan. aged 19, was indicted for utter-
ing a counterfeit half sovereign, knowing it to be so, on
the 9th of November, to John Legg,: tea-dealer of Bletch-
ingly.
The case was clearly proved.
He was sentenced to twelvemonths' imprisonment in
Brixton Gaol, with hard labour.
Thomas Brooker, aged 16, Charles Martin, aged 16,
Henry Howley, aged 13, three lads, who appeared to
be much younger than they are stated to be in the ca-
lendar, pleaded guilty to a charge of stealing a quantity
of iron bolts, about 3 cwt., at Penge, on the 14th Nov.
the property of the London and Brighton South Coast
rtaiiway. After admonishing the person who had re-
ceived the iron from the boys with much severity, the
Chairman sentenced them to twenty-one days' solitary
confinement.
Mary Anne Menzies, an interesting looking child, of
13 years of age, was prosecuted by her own mother for
stealing a pair of sheets from her. It did not appear, in
answer to the Magistrate's inquiries, that the little girl
had exhibited any particularly bad qualities before this
offence was committed, and be reminded the mother, in
feeling terms, of the duty which she ought to fulfil to
one of such tender years, and expressed astonishment at
the prosecution being instituted. The mother replied
that Sir T. Reeves had told her this was the best thing
that she could do for her daughter. In consideration of
the circumstances of the case, the Magistrate sentenced
the child to seven days solitary confinement, and ex-
horted the mother to be more tender and careful of her
for the future.
Richard Waller, aged 30, was indicted for stealing
dead rabbits on the property of Ralph A. Frogley, Esq.
ter, was
sentenced to six months' with hard
labour. riasobnamdenctha rac
He pleaded guilty, and receiviinmgp
George Gillam, James Ayling, and Thomas Nichols,
aged respectively 18 years, 23, and 24, pleaded guilty to
e nno ot a
a charge of stealing three loaves from th
es
want alone had induced them to commit the offence.
Allgigp that
person named Hubbard, at Dorking.
They had slept the previous night at Kingston work-
house, and they stole loaves in the hope of being sent
to prison.
The CHAIRMAN said they would not like the situa-
tion in which they had placed themselves, and sentenced
them to 21 days solitary confinement, and to be once
privately whipped.
Two boys, named Morris and Scott, were convicted of
picking pockets at Kingston Fair.
most hardened rdbenoyeda,mnaanmneedr.
Sentence of three months' imprisonment, with a
whipping, being passed, they thanked the magistrate in
theT we
ianngd
al7Draetsepnecethieveealye pleadedndgauwiletrythto,
atnhde cwhearreg
Longley and Cook, aged 16
to fourteen days' solitary confinement, and to be once
es
eonft es nt ecaeld.
privately whipped.

BOW-STREET.—(THIS DAY.)
Two ill-looking women, named Mullins and Hamilton,
were charged before Mr. Jardine with stealing a purse,
containing about 155., from the person of Ann White-
way (a Jewess), in Broad-street, Bloomsbury, at half-
past three o'clock this morning.
The prosecutrix, who lives in Queen-street, Chelsea,
said that at the hour mentioned she met the prisoners in
Broad-street, and asked them to tell her where she could
get a respectable lodging, offering to treat them if they
would do so. They promised to do so, and went with
her into a public-house, where she treated them to some
gin. On leaving the public-house, Mullins caught hold
of one of her arms, while Hamilton took the other, and
each asked her to go in a different direction. While
they had hold of her in this manner, Hamilton thrust
her hand into her bosom, and pulled out her purse,
which contained three half-crowns and some shillings
she could not say how much. Both the prisoners then