The Sun.
London, England, 1869-07-10 00:00:00

?HE BE FLING-HOUSE PROSECU ThON.

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BOW-STREET—THIS DAY.
To-day, Mr. William Wright, of Brydges-s freet,
Covent-garden ; Mr. Sydney Smith, Mr Leigh, his
clerk, of 100, Jermyn-street ; and Mr. Morris, of
the Turf Commission Agency, Cork-street, Bur-
lington-gardens, attended before Sir T. Henry, on
remand, charged with infringing the 16th and 17th
Viet., cap. 119, by keeping a betting-house.
It will be recollected that on the list occasion the
proceedings were adjourned in order that counsel
for the defend into might agree on a case, the Chief
Magistrate having expressed his intention to con-
vict, to be argued in one of the superior courts at
Westminster.
Mr. Poland appeared to prosecute on the part of
the Treasury. Mr. Sergeant Sleigh appeared for
Mr. Wright, Mr. Straight-for Mr. Morris, and Mr.
Merewether for Smith and Leigh.
Mr. Poland, in addressing the magistrate, said—
On the lest occasion, it would be remembered
that—

Mr. Sergeant Sleigh—lt may save time if I say
that you, Sir Thomas, having come to a decision on
the matter—
Sir Thomas Henry—That I should deci.le that
the defendants had carried on a betting-house.
Mr. Poland-• Perhaps my learned friend will
allow me to finish my remarks. I was going to say
that, since we were here last, myself and the
learned sergeant have been carefully through the
facts connected with this matter, for the purpose of
settling the matter in di,pute. There are one or
two-little matters yet open, but we have so nearly
arrived at a conclusion, that I may say we only
require a little more time to bring our deliberations
to a close.
Sir T. Henry—You had now better confer.
Mr. Poland—l only wish it clearly set out in
the case, in order to raise the question whether or
not the defendants had carried on a betting-house
contrary to the Act of Parliament. lam bound to
say that the undertaking given by the defend-
ants on the last occasion, that they w)ul I team
operations, had been honourably observed. They
have suspended :their business, and the question
really now ii whether you, Sir Thomas, should give
judgment, or whether we should adjourn the matter
for a short time.
Sir T. Henry—l think you had better adjourn.
Mr. Poland—Time presses ; the session will be
shortly on.
Sir T. Henry—Yes, I know that, but the trial of
the matter in the Court of Queen's Bench cannot
take place before November.
Mr. Sergeant Sleigh—My learned friend and my-
self are both animated with the same desire, and
that is to got upon paper the facts to be decided,
and those facts are, what are the legal rights of the
defendants, and also their legal liability.
Sir T. Henry—Yes, that is the exact point.
Mr. Sergeant Sleigh—We are, as I said before,
very nearly agreed, but we must lay the matter
before you, Sir Thomas, before it can be signed.
Sir 'l'. Henry—Name any day you please, if it
can't be done now.
Mr. Sergeant Sleigh—lt can't be done now, sir,
and I may at the same time say, on the part of
Mr. Wright, that the facts should be put as clearly
as possible, that the case should be draws to raise
the point that his contention before you was erro-
neous.

Sir T. Henry—The case before me is whether
or not he kept an office for the receipt of money or
valuable thing contingent on a horse race.
Alr Sergeant Sleigh—Yes, quite so ; that's the
ground of the case.
Sir T. Henry—You have not forgotten the case
of Shaw and Morby.
Mr. Sergeant Sleigh—No, Sir Thomas ; but then
I think the facts found by the justices were dif-
ferent. •

Sir T. Henry—Not quite so different ; both ques-
tions were raised.
Mr. Merewether—Yes, I was opposed to the
learned sergeant then, and the vestiou was whether
a certain house was not a house within the meaning
of the act, and whether a tree was not a place.
Mr. S:eigii—Yes ; it was important that the
matter should be decided.
Sir T. Henry—Yes, and the matter was decided
without your being called upon to argue your side
of the case. Tue first point was decide 1, viz.,
whether a certain structure was a house, and it
wai dcci led it was. Toe first of these points is the
one at Lsue here.
Mr. S rgeaut Sleigh—The question was whether
it was a betting-Loess ?
Sir T. henry—'They gave cards.
Mr. Sergeant Sleigh-13 it proposed in this case
to record a conviction ?
Sir T. Henry —There must be a conviction before
I can sign the case.
Mr. Sergeant Sleigh—l think it better then,
acting, as I do, for Weight alone, that there should
be an adjournment ; and, in the meantime, my
friend and myself will endeavour to frame a case
that will thoroughly and conclusively settle what
can and what cannot be done. Then if that is done
sentence can be recorded and the case certified. I
understand there is to be a con fiction.
Sir T. Henry—Oh, yes ; unless you can show
the good and valid ground fur there not being one.
Mr. Sergeant Sleigh—Well, then, Sir Thomas, I
think the matter had better stand over until Mon-
day week, as far as the defendant Wright is con-
cerned.
Mr. Straight—On the part of Mr. Morris, I do
not propose to adopt the curse of the learned
sergeant, as far at all events as this Court is con-
cerned. I have to apply, in order that Mr. Morris's
anxiety may in some degree be set at rest, and the
great txpense attending the keeping open the case
put au end to, to ask that a conviction be recorded
against him to day. I have to ask that the case
may set out all the facts, that it was supported by
documentary evidence principally, and that you
Sir Thomas will state the inference you draw from
those facts.
Sir T. Henry—The case, of course, will be so
drawn, and I may state that the inferences I drew
from the case were that the defendant Morris did
keep a house within the meaning of the Act, that
he did receive a Post-officer order for the sum of
£l, and he did promise to pay in the event of a
certain horse, called See Saw, winning a race,
which race the horse won, and the money was ac-
cordingly paid.`]
Mr. Straight —Then the conviction will be based
on the 3d clause of the Act.
Sir T. Henry—The third clause read with the
second section of the first clause, commencing " or
for the purpose of any money or valuable thing
being received by or on behalf of such occupier,
owner, keeper, or person as aforesaid, as or for the
consideration for an assurance, &c., to pay money,
&c., on a contingency of or relating to a horse race.
Mr. Merewether—On behalf of the defendant
Smith, as he thinks he has not committed any
offence.

Sir T. Henry--I am quite prepared to hear any
legal argument on the subject, although I am under
the impression that Mr. Hawkins finished all he had
to say on a former occasion.
Mr. Ilerewether—My learned friend did not quite
conclude, but I have no desire to carry on any legal
argument ; I have only to say that, as the case of
Morris and Smith appear so similar, I shall ask that
a conviction may be recorded against my client
Smith, but that Leigh, who was, in fact, only a
paid servant, and whose occupation had now gone,
might be discharged.
0414
Mr. Poland—l cannot agree to such a proposal.
as that. Leigh differed in many resi ects from
those persons who had been discharged. Leigh's
name appeared in Staith's advertisements " Acting
Manager," and to a great d..,gree he seemed to
share responsibility with Smith.
Mr. Merewether—l
.hope my learned friend
does not mean to ask for judgment against hiin.
Mr. Poland—No.
Mr. Merewether—Then I cannot ask anything
more. Ido hope, however, there will be no fine
imposed on him.
Mr. Poland—l hope not, but that does not rest
with me.
The two defendants, Morris and Smith, were
then formally convicted, and fined £lOO each.
After a little more amnion between the coca-
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