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

placked at the residence of one of the suspectei members in a manner
that seemed to indicate foul play. One of the party was fleeced to
the amount of 1,0701. in one evening at cards, and the other gentle-
man lost about 200 T. In the case of the first gentleman that we have
alluded to the parties were betting on the turn-up card, and his op-
ponents managed to turn up a king nine times running. All these
circumstances led to suspicion—that suspicion led to inquiry—and
the inquiry has resulted in the expulsion of the two suspected per-
sons, and of one of them suddenly leaving the town.
" A short time ago a person known to be a confidante of the ex-
pelled parties sought admission into the club. His name was O'Brien.
He gave a crack entertainment a few days before he was to be
elected, as he thought, and his party was graced by almost all the
rank and fashion of the neighbourhood. He was going to make his
entree into the club in grand style. Two or three days afterwardh Ile
stood the ballot, and was blackballed The next morning he bolted,
and some of the poor tradesinn had to lament the character of his

fashionable entertainment, and the great desi;el;Liiii;display.
" The talk and excitement that this blackballing occasioned was
very great. Other gentlemen who stood the ballot -about the same
time trembled lest the same fate might await them, especially as
one black ball in seven excludes any who may seek admh.sion. Sub-
sequent events prove that the course thus adopted with regard to Mr.
O'Brien was a very judicious and wise one.

" The events that we have described led to an inquiry into the
character of a Mr. M—, who lived near the club, and into that of
Dr. H—. Both those persons were citizens of the world ; we can-
not learn whence they came or whither they are going. On the 29th
ult. the secretary of the club, Walter Lormer, Esq., by order of the
committee, issued a circular, summoning a special general meeting
of the members on Thursday, the sth inst., at noon, when informa-
tion forwarded to the committee from Tours, relative to the conduct
of two members of the club, would be laid before them. The
members generally knew what the object of the
meetingofthe
was, and clubthe reforeon Thursday last there was an ex-
ceedingly large attendance, there being nearly eighty members
present. W. H. Hanker, Esq., was voted into the chair. Pre-
viously to reading the report of the committee, and the
documents mentioned therein, Sir. John Beer, of Devonport, rose
to inform the meeting that he had been consulted professionally, and
that he attended the meeting as the professional adviser of the two
persons implicated. It was then put to the meeting, whether a pro-
fessional man could appear there, and it was negatived unanimously
and decidedly.
" The history of their movements, as detailed to the meeting from
sources beyond all doubt, was this—They were said to have been
connected in a notorious gambling transaction with Mr. Connelty at
Tours—that of marking cards—in which a French officer was made
to stiffer most severely. Mr. Connolty was tried at Tours, and then
he removed the trial to a higher court at Blois, and again into a
higher court at Orleans, and had decisions against him in all cases,
and he was for the offence imprisoned two years. There was then a
tcharge :against them of malpractices in play at Guernsey, where
were ejected from the Civil and United Serrice Club—all of
which:will be more amply.detalled in the letter of which we shall
give a copy presently. Thus the circumstances that have occurred,
which were not in the club, but by means of their connexion with it,
werealso stated.

" When these circumstances were known Mr. Lormer sent a
letter to them. suggesting the propriety of their withdrawing. They
replied to this by requesting to know what charges there were
against them. The secretary sent a copy of the charges, to which
they made no reply.

` On the meeting deciding that they would not hear a professional
man, Mr. Beer and their proposer sent for them. The club waited
for one hour and a half in order that they might offer any defence
that they felt necessary. They, however, made no appearance, and
sent back no answer, though one of them was seen from the window
of the room walking about.

" The letter received by secretary from Guernsey, in answer to
Inquires was as follows :

" The affair that took place in this island, with reference to these
two black-legs, was this :—They had got themselves Introduced into
a club lately formed, called The Civil and United Service. Several
strange occurrences had taken place iu and out of this club, Large
sunis ot money were lost. Suspicion was afloat. They quitted and
went to Baden. Something drove them out of that place, and they
returned here. 31-- came back first, and wished to re. enter the
club, but he was blackballed, and 31—, out of this occur-
rence, assaulted a highly respectable gentleman, for which
he was sent to gaol for a fortnight. Shortly after this,
a person from Paris came here te arrest him, and he
stowed himself away in his house, which overhung the sea, and
while the police were watching outside he let himself into a boat, and
that is the last we know of him.
"' You are in the right direction—Tours You may go to Ireland
also—Tipperary, I think he was brought before the Court there for
swindling. He made a bolt, and got out of Ireland in a somewhat
slmllar way that he did out of this place.
." I hope that my friends at Plymouth have not been fleeced.
" ' Mr. Lormer—You have been asleep at your post.
" • Had Iliad the least supicion that these chaps would have had the
impudence to introduce themselves at your club, I should have telt
it a duty that I owed to have gone to Plymouth at my own cost to
have put you on your guard.'
"The letter and evidence having been read, and the members
having waited till endurance could wait no longer, the meeting pro-
ceeded to ballot under the 11th rule, which provided that, ' In case
any circumstances should occur injurious to the welfare and charac-
ter of the club, the committee shall call a general meeting, giving
seven days notice, and in the event of two-thirds of the members
present voting (by ballot) that the name of any member shall be
removed from the list, the subscription of that member for the cur-
rent year shall te returned, and be shall cease to be a member.' The
result of the ballot was a most awful affair. At the time of the vote
being taken a number of gentlemen hat left, the proceedings having
lasted three hours:—

" Mr. M— has since lett the town, but the Doctor remains.
" We think the inhabitants are under the greatest obligations to
the members of the committee and to the club generally, for the
prompt and determined manner in which they obtained evidence
respecting these men, and acted upon it. They had introduced
themselves into the society of every respectable stranik r who visited
the town, with what intentions we leave our readers to determine
The club is not likely to be impaired through having bad two or
three black sheep in it. It still maintains its high and respectable
character, and the honourable way in which it has vindicated itself
from this possible stain will redound to its credit rather than detract
from it. The club is of great public utility, it affords excellent
literary qualifications to those of its members who desire to avail
themselves of them, and it must be a source 01 pleasure to its friends
to know that there are fifteen new candidates to be ballotted for at
the meeting on Friday next."
The Learned Gentleman then went on to show that
the Dr. H-- represented could mean no other than
the plaintiff ; that the other party named in the libel was
a Mr. M'Donald, and , that the greatest injury bud been
inflicted on the character of his client. Having ampli-
fied on these points, he proceeded to prove his case.
The newspaper was put in, and admitted ; and the
following witnesses examined as to the character of the
plaintiff, and the identity of the plaintiff with the Dr.
of the article:

Richard Freeman, general medical practitioner at
Plymouth. He knew the Royal Western Yacht Club,
and had belonged to it. He also knew the plaintiff;
he was married, and had eight children. He believed he
was a physician. He recollected the publication of the
Plymouth Journal of the 12th of February last. He
knew no one in Plymouth to whom the initial H could
apply but Dr. lloldsworth. Witness sent the paper to
plaintiff, as he was sure it meant him alone. It was
directed, to the best of witness's belief, against that gen-
tleman.

Cross-examined—lle was not aware that Dr. Holds-
worth bad ever practised. He only knew that he gave
himself out as Dr. lloldsworth. Be was not aware he
had only put the name " Dr. Holdsworth" on the door-
plate since the publication of the alleged libel.
Harry Snell, a chemist and druggist, Plymouth, de-
posed that he had made up prescriptions for Dr. Holds-
worth. He had received correct Latin prescriptions
from Dr. Holdsworth before the date of the newspaper.
Cross-examined—He might have dispensed thirty or
forty prescriptions for Dr. Holdsworth bf fore February
last. He could not, however, say how many.
This was the case for the plaintiff.
Mr. COCKBURN then opened the ease for the defence.
He said it would be his duty to justify the course taken
by the defendants in this case. They had heard it stated
that the plaintiff was a respectable man, but how could
they come to that conclusion when it was known that
a highly respectable and honourable club had unani-
mously expelled him after an anxious inquiry ; and
when he (Mr. Cockburn) would prove, as prove he should,
that not only had the plaintiff given himself out as a
physician, but that ho was
in Plymouth hut elsewhere.
It was said the defendants had written to gratify a
morbid feeling in the public mind for strong articles,
mahce or ill-feeling had been displayed
'
but this he denied.. There was not the least evidence to
defendants in the article in question. As public
journalists,
knowing the facts alleged to be true ;
showby
the
knowing that the highly. respectable club had igno-
miniously expelled the plaintiff, was it not the duty of
them, as honest journalists, to warn the public against
parties of such dangerous and disreputable character?
It was said the plaintiff was a member of a profession
which they all respected, and they bad heard something
of his correct Latin prescriptions ; but ors that he would
be prepared to show that he had not, at least, supported
himself by that honourable profession. In order to do that
he would have to trace the plaintiff 's career since the
year 1839. He would show that in 1839 he lived at
Wilsden near Leicester, from which place he left deeply
in debt, which debts had not been paid to the present
hour; that he left Wilsden for Tours in France, where
he associated with a person named M'Donald ; and that
while there the plaintiff, M'Donald, and a person named
Connolty were continually together at the
gaming-table, working with. each other, and
mixed up with most disgraceful proceedings.
The Learned Gentleman here gave the facts, which
he intended to prove in evidence. It was to the effect
that Connolty had been convicted of marking and
cheating at cards, and that, on the occasion, the plaintiff
and M'Donald were acting with him in the matter.
This Connolty was convicted for the same at Tours, and
the sentence was confirmed by an appeal to a superior
court, though, strange to say, he had the plaintiff and
M'Donald to speak to his character. The Learned
Gentleman then proceeded to trace the plaintiff to
Guernsey, where he got connected with a club,
when again ho was rejoined by M'Donald.
Here again they got deeply engaged in
gaming affairs, and were mixed with similar dis-
graceful proceedings to those at Tours, inveigling
members of the club to play at ecarte at the plaintiff's
and M'Donald's private lodgings, and there, by practised
gamblers' tricks, cheating the parties out of their money.
While at Guernsey these two gentlemen had no visible
means of subsistence, but seemed to live by victimizing
all that came within their reach, They continued at
Guernsey from the autumn of 1843 to 1844, when they
went on a continental tour. They went to Baden,
and again in a short time they returned to
Guernsey, and wanted to get into the club,
Dedonablyd,an wilituom
immense
et
majority.claim Thisadm isasrioosne,
wasbut
blackballed
ae k
I
from the discoveries made respecting these gentlemen at
play. The Learned Gentleman having amplified on
these points, went on to trace their proceedings till they
arrived at Plymouth some time after, giving in the pro-
gress a list of the victims that had been made, whom he
stated he would produce in the witness-box, and the
whole of whom, he said, would completely and trium-
phantly justify the article for which the plaintiff now
sought to recover damages. The Learned Gentleman
then proceeded to call evidence.
The case was adjourned.

COURT OF BANKRUPTCY, Dec. 7.
IN RE DRYDEN.
NOVEL APPLICATION.—In this case, which was an
old fiat, the solicitor to the assignees applied to the
Learned Commissioner to annul a dividend previously
declared, and grant another meeting, on the ground that
there was an error in the calculation, whereby one por-
tion of the creditors wore excluded from partaking in the
dividend. _

The clerk to the official assignee said the error arose
in consequence of the subsequent meeting for proof of
debts not being taken into consideration, the consequence
was, that the first creditors would receive two dividends
and the others none at all.
The Registrar said the dividend was declared so far
back as the 18th October, 1845.
The solicitor said it had not been advertised, and he
conceived that the fund might be brought back from the
dividend and placed to the general account. lie was a
creditor himself, and also had a bill of costs.
The Learned COMMISSIONER said he could not un-
derstand why there had been so much delay, nor could
he now withdraw the fund.

The clerk to the official assignee said, that the solicitor
to the assignees was aware, the day after the dividend
WAS directed, that there was an error, and refused to