The Sun.
London, England, 1869-06-26 00:00:00

Sir T. Henry—Yes ; but if you can ~,how that
the bet was entered into by a third person, and pre-
duce that person, I will adjourn the case fora week

to enable the person to be in attendance to give

evidence.

Mr. Sergeant Sleigh said he c-Juld not at that
noment say that, but he would consult his client if

such was the case.

Sir T. llenry—l have no desire to withhold the
consideration of this case from the Court of Queen's

Bench, but I am most anxious to discover how I
can put the matter for the Court of Queen's Bench

o determine

Mr. Sergeant Sleigh—That the defendant did
not keep a betting- houae within the meaning of the

Act.

Sir T. Henry—Wright kept an office for the
purpose of reeeiving money or valuable thing ; that
is, a post-office order forldependence ou the issue

of a horse race.

Mr.
,Sergeant Sleigh—l am quite aware of the
difficulty of stating a special case ; but I am most

but what I desire is that the cause should be sent

'or trial to the Old Bailey, from which it could be

removed by certiorari to the Court of Queen's
Bench and tried by the Lord Chief Justice, the
highest criminal judge of the Crown.
Sir T. Henry—l have no power to send the case
to the Queen's Bench, and if it is tried in that

court it can only be done by removal from the Old

Bailey.
➢ir. Poland—l cannot consent to such a course
being adopted. I think the case ought to be dealt

with in a summary manner.

Mr. Sergeant Sleigh—l think a case of such im-
portance ought most certainly to be tried by the
higbest tribunal, and I regret it cannot be tried

until after the vacation.

Mr. Poland—And the defendant will not carry
on the business in the meantime ?

Mr. Sergeant Sleigh—Quite so. Mr. Wright in-
structs me to say he will not continue his business
until after a decision has been arrived at.
Sir T. Henry—l must hear what Mr. Hawkins,
who appears in another case (that of Morris), has
to say. _ .

Mr. Hawkins—That I am only desirous of
knowing what the law is. (Laughter.) It is a
subject of the highest importance, and it is most
important the question of the law on the matter
should be fully decided, and that, too, without the
slightest disrespect to you Sir Thomas, by the
highest court in the land. I contend that my client
has not brought himself within the peril of the law
and has not infringed the Act of Parliament. I
say the voucher is not a promise to pay, though
money is held by Mr. Morris merely as a stake-
holder, and it is in the power of anybody so sending
money to countermand the transaction if it has
not already been laid out.
Sir T. Henry—Yes ; became it has been deposited
for an illegal purpose.
Mr. Hawkins—l don't think I shall at all alter
your decision, although I don't altogether despair
of doing so. The learned gentleman then pro-
ceeded to address himself to the legal technicalities
of the case.
Sir 'l'. Henry—You are arguing your case, Mr.
Hawkins, with very great ingenuity, but I want
you to show me that this voucher is not a promise
to pay. How can I put the case fur the Court if
not " to pay if the horse wins."
Mr. Hawkins—Mr. Morris only wants to have
the strict legal question decided—whether or no he
has infringed the Act of Parliament. He is a gen-
tleman of honour and integrity, and has never—
Sir T. Henry—Nothing has been said or implied
that he has not kept his engagements; and what
is now required is that the law should be fully ex-
plained, that is all. If I sencl.the case to the Queen's
Bench, I am afraid it cannot be tried before next

January.
Mr. Sleigh—But there is a promise that the
business will not be carried on during the interim.
Sir T. Henry—Oh yes, I know that; and 1 am
quite ready to adjourn the case for a fortnight, if
the legal gentlemen can all agree on a case that 1
can sign for the consideration of the Superior

Court.
Mr. Hawkins—l can assure you, Sir T. Henry,
there is no wish for delay on our part. We are
only too anxious for the decision of the Court of
Queen's Bench, and that it should be known by
everybody.
Sir T. Henry—l cannot see that the trial in the
Court of Queen's Bench by a special jury will be
quite certain to dispose, of the matter, if it is dealt
with in the way that some parties propose. Sup-
pose the jury should disagree, awl there should be
no verdict, you would have to do the matter all

over again.
Mr. Hawkins—That would be one of the hap-
piest results possible. (Laughter.)
Sir T. Henry—l think the easiest and most
speedy way of dealing with the matter will be to
frame a special case on a point of law for the Court
of Queen's Bench, and the four counsel most likely
will be able to draw up one agreeable to all patties.
I must find the facts proved, but my judgment
will be suspended during the consideration of the
points of law raised.
Mr. Poland—lf you say, Sir Thomas, that there
is a point of law that requires to be decided, I shall
not further oppose; but I do think it is a case that
can be decided summarily. I think I ought to have
a decision, and then the defendant could get a case
for the consideration of the superior court.
Mr. T. Henry—The best course to adopt is to
consider the case proved, to adjourn the matter for
a fortnight, when the special case can be drawn up
to the satisfaction of all parties.
Mr. Poland—And all the business to be stopped
and all advertising to be withheld ?
Mr. Sergeant Sleigh—Oh, yes.
Mr. Hawkins—My client has carried on business
for over eleven years.
Mr. Poland—Then it is quite time it was stopped.
I may as well state that it is the firm determina-
tion of Government to put all those houses down,
large as well as small, and those who keep open
after this inquiry do s. at their owu peril.
Mr. Sergeant Sleigh—And Tattersall's ?
Mr. Poland—That is a private club.
The case of Mr. Sidney Smith being included
in the discussion that took place in the two former
ones, the other defendants being discharged as in
the case of the assistants to Mr. Wright.
The matter was then adjourned for a fortnight,
the defendants entering into their own recog-
nizauces to appear.
An application was made by the various counsel
for the return of certain books found at the three
houses, and the magistrate said some of them could
bs returned on the attorney for the defendants
giving Mr. Poland an understanding that they
would be produced when required.
The parties then retired. The court was crowded
during
the inquiry, and the greatest interest
prevailed.