The Sun.
London, England, 1851-07-01 00:00:00

The arguments were proceeding when we went to press.

VICE-CHANCERY.-(THIS DAY.)
(Before Vice-Chancellor K. BRUCE. )
His Honour was occupied this morning with short causes
and claims, which presented no feature of general interest.
(Before Vice-Chancellor Lord CRANWORTIL)
XGEATON V. XAItL BROW,LOW.
This cause, arising out of the will of the late Earl of
Bridgewater, was resumed this morning. The case at present
is not fully opened.
(Before Vice-Chancellor TURNER. )
TENDON v. RING.
This case was again before the Court this morning.

QUEEN'S BENCH.-(THIS DAY.)
(Sittings at Nisi Prius, in Guildhall, before the LOAD OGEE
JUSTICE and a Common Jury.)
CHEATING AT CARDS.

A person, described as a resident at Folkestone, named
Thomas Brown, was indicted for the offence of cheating at
cards. The defendant pleaded not guilty.
Mr. Sergeant Wilkins, with whom was Mr. Clarkson and
Mr. Robinson, appeared for the prosecution ; and Mr.
Chambers, with whom was Mr. Keene, for the defence.
Mr. Sergeant WILKINS opened the case to the jury, stating
that the offence was committed at the last Licensed Victual-
lent' ball, held in January last, at the London Tavern, and
then proceeded to call the following evidence:—
Mr. Robert Whitehead was the first witness called. He
deposed as follows : I live in Whitecross-street, and am by
business a licensed victualler, keeping the Rum Puncheon
Tavern. On Thursday, the '23d of last January, the licensed
victuallers had a ball at the London Tavern. It was a ball
for the charity, and parties were admitted by tickets.
I was at that ball. The company consisted chiefly
of licensed victuallers, but strangers might come if they
chose on purchasing tickets. and some strangers were pre.
sent. After dancing had been continued some time a game
at whist was proposed, and I and others retired for the purpose.
I played a game or two and then left the room, but shortly
afterwards returned, when I found Brown and some strangers
playing at 100 with Mr. Young. The names of the gentle-
men playing at the table were Ireland, Young, Pitt, and
Butterfield. Mr. Bennett and Mr. Fowler were there, but
not playing. Two other gentlemen named Compton and
Alfred Brown were there, but not playing. The 100 might
bare continued four or five hours. The game commenced
with eighteenpenny 100 limited to half•a-guinea. I noticed
the defendant in the course of the game. I played in the
game for three hours, and I observed that during that time
the defendant and his friends were the winners. I got looed,
and there was a little altercation arising out of my not head-
ing the trick. Mr. Brown on that occasion won the first
trick, but I and Mr. Compton finding that we had tricks in
our hands determined to throw up our cards. I observed
nothing more about the conduct of the defendant but that he
kept winning. I remained in the room and saw the de.
fendant put a c,.rd behind the collar of his
coat. The cards were dealt round by one of the
gentlemen playing, and clubs were trumps. I saw the de-
fendat,t put his hand under his coat collar and draw out the
ace of clubs. Upon seeing that I seized his hand with the
card in it, and showed it to the gentlemen playing, observ-
ing, " This is how you lose your money : you are playing
with a blackleg." I had previously taken the card out of
his hand. The persons playing at that time were Mr. Bey-
nett, Mr. Young, Mr Ireland, the defendant, and two other
persons. Upon my making the remark the defendant said
I was wrong, but there was a good deal of confusion, and
some of the gentlemen seized the money on the table.
About ten minutes afterwards I went to a policeman, but in
the meanwhile the defendant attempted to take up his own
money, and in doing so the king of hearts fell from beneath
the sleeve of his coat. I was a loser of between three and
four pounds, but I cannot exactly say in what denomination
the money was. It WAS gold and silVer-
Cross-examined—l got change for my gold when I re-
quired it. When it was a single deal we put into a common
pool, and all were bound to play. Those who had no trick were
bound to pay a forfeit to the pool. I began to play about
twelyo o'clock. Besides the entertainment of wads and

dancing, there was that of drinking wine and brandy and
water. It was two or three minutes after I bad done
playing that I discovered the defendant cheating. It might
have been live o'clock when the' row took place. When I
threw up the cards, Mr. Compton won the trick; but as
we had both committed a fault, we were looed according to
the rules of the game, or rathersompelled to play the hand
over again The result was that I got two tricks, and won
all the pool bat my 100. I was one of the committee, and
had occasion to go in and out of the room.
Mr. James Young sworn and examined—l am a licensed
victualler, residing in Westminster. I was at the ball, and
went into the card-room about ten o'clock, where I played
at whist. I saw the defendant come in about half
an hour after. There were two other persons with him. The
defendant rested himself by the side of the table while we
were playing, and afterwards proposed a game at 100. That
proposal was accepted, and he played eighteenpenny 100 at
first, limited to half-a-guinea. During the last half hour of
the game the defendant proposed that the limit should be in-
creased to a guinea, and ths stake changed to three shillings.
I noticed that he won more frequently than anybody else,
perhaps in the ratio of twice to anybody else once. I recollect
the last band that was played, I dealt the cards; there were
five of us playing, including the defendant and two stran-
gers. The card I turned up was a club. I dealt three cards
to the defendant I saw Mr. Whitehead take a card from the
defendant's coat collar. The defendant had just put his
hand up to take it as Mr.:Whitehead draw it out the reverse
way. I saw the king of hearts fall from Brown's sleeve, and
be attempted to shuffle it with the pack.
Cross-examined - I played, I should say, five hours. I
was sitting down all the time, and did not cease to play.
Brown was occasionally looed. The two strangers and other
persons occasionally won and lost. I recollect the disputed
when Whitehead would not head the trick. Brown was
active in calling Whitehead to order, and insisting upon his
playing again. Brown complained that Whitehead was playing
Compton's hand. We were all sober, though we had been
drinking throughout the night. Ireland won. Two or
three lost considerably who are not here Mr. Pitt, a hair-
dresser, of to estminster, lost 71. Mr. Comp on, of Chelsea,
lost 101. A relation of Mr. Pitt's lost 41 or 5/. I should say
about 70/. or 80/. was lost in the whole, but I cannot say
positively.
Re-examined—Mr. Brown and the two strangers won the
principal part of the money. Mr Brown conversed with the
two strangers as if they were his friends.
Mr John Bennett sworn and examined- I am a publican,
and live at the Upper Archway Cottage, Upper Holloway.
I was at the ball, and saw the defendant and the two
strangers playing at 100 with the others, including young
Compton and Pitt. I was one of the committee, and in con-
sequence of something I bad heard I watched the defendant
while he was playing. After watching him for ten minutes
or so, I observed him place cards behind his poll at the back
of his coat, and when he payed trumps be took the card
from his back. I could not see what he did with the third
card dealt to him. When he took the card from under his
coat collar I observed him do this repeat dly, and recollect
distinctly seeing him draw out the ace of spades and win a
trick with it. Whitehead was playing at this time, and
in the second play of that deal there was some dispute
about not heading the trick. I afterwards saw Whitehead
go round to the defendant and take a card out of his hand. It
was the ace of clubs, and the defendant's hand was up at his
collar. Whitehead held up the card and said, " Gentlemen,
you are playing with blacklegs." Brown was afterwards
given into custody.
Mr. B. F. Fowler, the late landlord of the Falcon at
Bethnal-green, sworn and examined— I was at the ball, but
I did not play. I looked on occasionally and noticed that in
the majority of cases where there was a 100 the money passed
to the defendant's side of the table. I was at the table when
the card was detected behind his collar.

Cross-examined—Mr. Ireland won largely, but I do nol
know the amount.

Mr. Butterfield, another publican, who like all the pre-
ceding witnesses, has retired from business since the ball,
stated that he played at the 100-table and lost bl. in two or
three hours. The defendant was the principal winner. Wit•
ness was told something about the defendant, and he retired
from the room in disgust, but afterwards he came in and saw
the card taken from the defendant's collar. Witness was a
tolerably good player, but he had been in the habit of play-
ing with tradesmen and gentlemen.
This was the case for the prosecution.
Mr. CHAMBERS wished to know what counts the prosecu-
tion intended to rely upon, the statutory or the common law
counts ?

Mr. CLAAKSDN said they relied upon all.
Mr. CHAMBEKS, under these circumstances, contended that
there was no case to go to the jury on the statutory counts of
the indictment, inasmuch as the evidence failed to trace to
the possession of the defendant any precise or particular coin
which it was alleged he had won from the prosecutors by
cheating with the cards. There was no proof that he had
won money from any of the defendants in particular by
means of cheating, because the evidence failed to show any
one instance where he had obtained the pool through the in-
strumentality of the alleged secreted cards. One of the
counts charged the particular coin was upon the de-
fendant, but as the coin was not marked before it was put
into the pool, there was no evidence to show that it was the
property of the prosecutor named in the count.
Mr. CLARKSON insisted that there was ample evidence to
go to the jury.
The LORD CHIEF JUSTICE held that there was sufficient
evidence to go to the jury In all the counts.
Mr. M. CHAMBERS then addressed the jury for the defence,
saying that no case had been made out to justify them in
finding the defendant guilty of this serious offence.
Lord CAMPBELL summed up, and
The jury immediately returned a verdict of Guilty on all
the counts in the indictment.

Lord Ctairmsr.r. then said he entirely concurred in the
verdict, and should sentence the defendant to two years' im-
prisonment, with bard lAbour, in the House of Correction for
the county of Middlesex; and at the expiration of that
time he should enter into two recognizances for his good
behaviour in 50/. each.

EXCHEQUER.—(THIs DAY.)
(Sittings in Banco, before the LORD CHIEF BARON, and
Barons ALDERSON, PLATT, and MARTIN.)
JAQUES V. WHITE,

The Loaf) Cuter BAuorr, in delivering judgment in this
case, said it was an action instituted by the plaintiff to re-
cover the sum of 4Q/. 145., which had been paid in the shape
of costs for investigating the title to certain property. At
the trial a verdict was found for the defendant, but on appli-
cation, by leave of Mr. Baron Martin, who tried the case,
was subsequently made to enter the verdict for the plaintiff,
the plaintiff having paid the mi.ney, and it being perfectly
clear that if the title were a bad one, he had a right to re-
cover back the money. The only real question which arose
out of the action was whether the defendant had succeeded
in making out a good title. Now all the title the defendant
app ared to be possessed of was ex parte materna, the weakest
of all titles. It was true the jury found there were no heirs
ex parte materna, but the issue was tried between two par-
ties who had an interest in keeping from the view of the jury
any heirs ex parte paterna. It also appeared that the last
person seised had made a declaration that he had no heirs
on his father's side ; but that was a ♦ery ambiguous expres-
sion, which might either mean that there were no heirs on
the father's side, or only that there were no heirs on that
side of the same name or with whom he was acquainted.
A question then arose as to whether this title was such as
ought to justify the plaintiff in concluding the purchase, and
if not whether the defendant ought not to pay the expenses
of th• Fvestigation. The Court thought not only that the
plaintiff was entitled to recover, but gave this distinct rea-
son for entertaining that opinion—Teat the meaning of a
good and a sufficient title meant such a title as the Court of
Chancery would deem a sufficient ground for compelling a
specific performance. The Court considered, therefore, that
the plaintiff was entitled to recover the 481. 14s.
Mr. Baron MARTIN said he thought it right to intimate
that he did not concur in the above judgment. The de-
fendant had eiven ample proof of a sufficient and good title,
and he would say further, that the question did not depend
on what a court of equity would do, but whether or not the
party had a good title in point of fact.
The rule was then made absolute.

MIDDL ES ic.X SESSIONS.
(THIS DAY.)
(Before the ASSISTANT JUDGE.) •
The July Sessions were commenced this morning, before
Mr. Sergeant Adams, the Assistant-Judge.
The calendar is very light, there being but fifty prisoners
for trial.

John Smith, convicted of picking pockets at the last ses-
sions, from which sentence was deferred, for the purpose of
inquiring into his character, was proved to have been con-
victed summarily by a magistrate for a similar offence in
Prbrutry last, and had nndergone his sentence of three
months' imprisonment. He was discharged from prison only
a few days previous to the commission of the last offence,
for which he was now sentenced to nine months' imprison-
m nt and bard labour.

- Riches, a young man who was convicted at the last
sessions for stealing a box containing property from the
Eastern Counties Railway, was also brought up for judg-
ment. A previous conviction was proved against him, and
he was sentenced to twelve mouths' imprisonment and hard
labour,

John Judge was indicted for stealing a sovereign, the
money of Caroline Simmonds.
The prosecutrix, lady's maid in a family in Old Quebec-
street, stated that, some days ago, she made a purchase of
some strawberries from the prisoner, who was hawking the
fruit opposite her mistress's house. She offered him a sove-
reign to change, but he not having the necessary silver, pro-
posed to go for it, and leave his basket in the passage till his
return. She trusted him with the sovereign, but he never
retirned, and she made her loss known to a policeman, who
finding Judge in the neighbourhood immediately afterwards,
and seeing that his name was painted on the basket, took
him into custody.
In cross-examinatien the prosecutrix admitted that she
was not quite certain of the prisoner's identity ; and it further
appeared that he was known to the police to keep a shop in
Orchard-street, Westminster, doing a good business, and that
he bad, before he was taken, reported at the station-house
that he had been robbed of a basket containing
strawber-
ries of the value of two sovereigns.
The JUDGE suggested that it must aear to the jury very
unsafe to convict the prisoner under such circumstancrs.
The jury immediately Acquitted him.

MARLBRO'-STREE r__.(T HIS DAY.)

-- - -
ROBBERY AT THE CRYSTAL PALACE.— TVilliant Shinneld,
a workman employed at the Exhibition, was brought before
Mr. Long, charged
property
of Messrs. Fox and Henderson, the contractors.
with reeling some white lead and oil, the
M
Charles Chinn, 16 B, stated that about half-past five last
Palace, and observed evening he saw the prisonerhad descend from the roof of the
Crystal ace,
hwiani lkeadndsora e
him
concealed under his jacket. He followed him to the carpen-
ters'h s
,---opp near the east entrance of the building, where he
remained about five minutes. When he cime out and had
distancehe
acrossw an
wanted
de Park,Lim
to
go back to the
witness ran up to
office with him. On arriving at the letter place,
he desired hiss to turn out his pockets. The
prisoner then took from his coat pocket about two pounds
of white lead. Witness asked him where he got it from ?
told
The priso
• ner said he had picked it up inside of the build-
ing. Witness said, no, that cannot be, for I watched you
from the roof of the building. He then took the prisoner to
the station, and on searching him there, found upon him a
bottle containing about a pintoflinseed oil, which the prisoner
accounted for by saying it was a peculiar kind of oil, and he
had brought it to show some of the men. The prisoner after-
wards said it was the first mess he ever was in, and woul
take care it was the last.

The prisoner, i❑ defence, said he found the articles close
by the Exhibition.

-Mr. LONG was of opinion that the prisoner had come dis-
honestly by the property, and committed him for 14 days
for unlawful possession.

GUILDHALL.—The Lord Mayor, Aldermen, and
Common Council have granted the use of the Guildhall for a
Srand Highland dress and fancy ball for the benefit of the
cottish Hospital and the Caledonian Asylum. lhe ball is
to take place on the 23d instant, when the Guildhall will be
in precisely the same state as when fitted up to receive her
Diajeaty on the approaching entertainment of the 9th.