The Sun.
London, England, 1844-08-12 00:00:00

LAWS OF GAMING.

The following is an abstract of the third report
from the Lords' Select Committee on the Laws on
Gaming :
" That the Committee have met, and considered the
subject matter to them referred, and examined several
witnesses in relation thereto ; and the Committee have
inquired into the extensive frauds which have of late
been perpetrated on the turf, and which they find to
, consist principally in the practice of dishonest adven-
turers, who wager large sums of money with the in•
tention of receiving if they win, and of refusing to
pay if they lose.
" After receiving much evidence with respect to
this practice, the Committee at first felt disposed to
recommend that stringent laws should he enacted by
the Legislature for the punishment of such offenders.
Upon a mature consideration, however, of the whole
subject, they do not think it expedient that the courts
of law should be occupied in the investigation of these
transactions, but that all persons who wager with
honest intentions should be compelled by motives of li
self-protection to use greater vigilance and care than
they now appear to be in the habit of exercising, and
that they should refuse to lay wagers with men of
whose honour and solvency they have not sufficient
knowledge.
" The Committee are the more inclined to this
view of the subject from the circumstance of its
having been lately decided in the case of Wood v.
Lcadbitter,' in the Court of Exchequer, that the
stewards of races are fully empowered to exclude
from the stand and its enclosures, and consequently
in many cases altogether from the course, all persons
guilty of malpractices on the turf, and thereby to give
a public warning of their characters.
" The Committee think it desirable that this
amusement should be upheld, because it is in accord-
ance with a long-established national taste ; because
it serves to bring together for a common object vast
bodies of people in different parts of the country, and
to promote intercourse between different classes of
society; and because without the stimulus which
racing affords, it would be difficult, if not impossible,
to maintain the purity of blood and standard of ex-
cellence which have rendered the breed of English
horses superior to that of any other country
.in the
world. The Committee cannot, however, in too
strong terms condemn the practice of excessive bet-
ting which now appears to exist, as affording direct
encouragement to dishonest men, who but for this
system of immoderate gambling would seldom have
opportunities for giving effect to their fraudulent
designs.'
" The Committee are of opinion that the interpre-
tation of the law is anomalous and contradictory, and
therefore that the statutes require revision.
" The majority of the witnesses examined by the
Committee were of opinion that betting should be
legalised ; but the Committee repeat that, after ma-
turely considering the whole subject, they are of
opinion that that measure would not have the effect
of remedying the evils now complained of.
"With reference to the present mode and the ex-
tent of betting, the Committee consider that if it
were made legal, a door might be opened to extensive
perjury and fraud:
"The Committee, therefore, beg leave to recom-
mend that the law should henceforh take no cogni-
zance whatever of wagers ' • that all statutes making
it penal should be repealed; and that debts so con-
tracted should be recovered by such means only as
the usages and customs of society can enforce for its
own protection. The Committee have reason to hope
that in thus imposing upon honest men a necessity of
greater caution and reserve, the system of excessive
betting will be restrained by those considerations of
prudence which past occurrences must have suggested
to persons desirous of speculating without danger to
themselves.
" The Committee have inquired into certain trans-

actions which have lately been brought before the
courts of law, arising from the fraudulent practices of
individuals substituting other horses for those named
in the stakes which are limited to horses of a certain
age, and thus obtaining the advantage arising from
running at even weights three-year-olds against two-
year-olds, and four-year-olds against three-year-olds.
The succes,, however, which has attended the prose-
cutions instituted for the recovery of the stakes thus
unjustly won, and the rules which the Committee are
led to believe will be hereafter strictly attended to, ae,
to the examination by competent persons of all horses
which may be objected to, render it necessary for them
to make any further comment upon this part of their
inquiry.
" The Committee have received evidence respecting
the gambling houses in the metropolis, and they trust
that the zeal and vigilance of the police will not be
confined to places resorted to by the middle and lower
classes, but that the law will be equally put in force
against all houses, whatever be their denomination,
or whatever the class of persons resorting to them,
where illegal gaming is known to be carried on.
" The Committee likewise beg leave to observe, that
the stewards of races, now that their power is recog-
nised and established by law, must henceforth be held
responsible to public opinion if gambling-booths or
tables are permitted on race-courses."

THE NEW STEAM-VESSEL RE-
GULATIONS.
On Saturday the Committee of Aldermen assembled
at Guildhall for the purpose of hearing objections to
the proposed by-lawi for the regulation of the steam-
vessels.
Besides the several gentlemen who appeared on the
previous Saturday on behalf of the steam-vessels, Mr.
Cruden attended and represented the Star Gravesend
Steam-vessel Company, and the other companies were
also represented. The Lord Mayor was in the cbair.
Mr. CRUDEN objected to the second by-law, which
gave to the Watermen's Company the power of be-
coming the owners of several steam-vessels. The
Star Company, he said, most emphatically submitted
that it was never contemplated by the Watermen's
Act to give such authority to the Watermen's Corn•
pany. They were wholly unfit for the exercise of
such authority from their total ignorance of steam
navigation, and from the prejudice which their interests
excited against the new power. It was distinctly un-
derstood, when the Act was brought in, several years
ago, that steam-vessels were to he excluded from its
operation, so that there appeared to be no rational
ground for supposing that the power which was de-
nied to the IVatermen's Company at that period should
be conceded to them now.
The LORD MAYOR said, that upon looking at the
powers which the Court of Aldermen possessed, they
did not think it necessary to apply to Parliament at
all, and they had no notion of doing so. They had
a right to frame certain regulations for the protection
of the public. The proprietors had surely no reason
to complain, for hitherto they had had it all their own
way; they went as rapidly, and carried as many as
they pleased through the river; and the time had
arrived when the advantages they had taken of the
power they supposed they possessed must he checked.
As to the Watermen's Company, it would be for the
Court of Aldermen to decide upon the propriety of
allowing them to be agents.
Mr. CRUDEN respectfully urged the necessity of
getting rid of the interference of the Watermen's
Company.
Alderman HUMPHERY said that Mr. Cruden evi-
dently was of opinion that the Watermen's Company
was wholly incapable of judging between the small
craft in the river and the great power of steam which
had risen up, and that the IVatermen's Act was never
framed in contemplation of the existence of such an
authority in such a body. lie (Aldermen Humphery)
was convinced that some of the Watermen's Company
knew nothing about steam navigation.
Sir J. PRUE said there was no doubt whatever of
that fact; neither was there any doubt that the Wa-
terrnen's Company must have a feeling against steam
vessels.
The LORD MAYOR said, the first question to be de •
cided was, whether the regulations proposed were
proper regulations ? The next was, who would be
the proper parties to carry them into effect? He
wished to know from Mr. Cruden whether he con-
sidered the regulations in themselves objectionable ?
Mr. CRUDEN said the Star Company took their
stand upon the objection to the IVatermen's Company
as age-zits in carrying out the regulations altogether,
and they could not take any steps till that company
was altogether repudiated. Ile spoke with all respect
to the Committee, from whom he had received much,
kindness and respectful treatment. If the Committee.
would propose to them a code of regulations, wholly
independent of the agency to which they objected,
they would at once proceed to the consideration of
them, aud he entertained no doubt that the result
would be most satisfactory.
Sir JOHN Pram said he saw very plainly that the
objections of Mr. Cruden comprehended the two great
points in question—the speed and the over- crowding.
After some discussion the Committee determined to
decide. upon the objections which had been made on
the last day of meeting, on Thursday next.

STATE OF TRADE.—We do not remember at any
time greater activity in the principal branches of manu-
factures than there exists at present, except when that
activity has been of a speculative and feverish character.
Throughout Yorkshire and Lancashire, in the Cotton,
Woollen, Worsted, Flax, Linen, Silk, Cutlery, and
Machine-making businesses, trade is lively, and we be-
lieve all hands are employed. The poor•rates are, of
coarse, exceedingly relieved. If we should be blessed
with a gool harvest there is every prospect of another
year of prosperity. And here we have another proof of
the connexion between prosperity, and cheap food. At
present there ies the prospect of an abundant harvest.—
Leeds Mer6ury,
LAWYERS IS;
CHINA.---No attorneys are authorised
by law in China; those self-constituted, are thus defined
and described by a Chinese classic writer:7j, Villanous
and perverse vagabonds, who afe.TfOria:Of 'makitiff, stir,:
and who, either by fraudulent excite-
discord; or by disorderly and
,illegal proceedings,
intirrii-
date and impose upon people —From Cupitaui Piddings
Chinese Olio and Tea Talk, No. 15.

SUMMER ASSIZES. -
MIDLAND CIRCUIT.— Warwick, Aug. 9.
(Before Lord DENMAN and a Special Jury.)

GRACH AND OTHERS, ASSIGNEES, v. INGALL.
This was an action to recover the amount of a policy
effected upon the life of one John Scott, a bankrupt, de-
ceased, the amount being 2,000/.
Mr. Hill, Q.C., and Mr. Mellor, were for the plaintiffs ;
Mr. Humfrey and Mr. Waddington represented the de-
fendant.

The action was brought by a Mr. Samuel Beale (he
being in fact, the real plaintiff) in the names of the as-
signees of John Scott, who had the misfortune to become
a bankrupt in the year 1842, dying in the December of
1843, the defendant being the secretary of the Imperial
Life Insurance Company. The policy was for 2,0001.,
the premium paid was 531. per annum. The policy was
effected in the month of May, 1840, the bankruptcy was
in 1842 ; the present plaintiffs were appointed assignees
under the fiat, when, under their direction, the policy
was sold for the benefit of the creditors, and was bought
by Mr. Beale, for the sum of 1351. John Scott died in
the December of last year, and the payment being re-
sisted Beale brought the present action in the name of
the assignees, though he himself was the actual plaintiff.
There was no doubt about the policy having been effected,
but it was alleged that at the time it was granted he had
not answered truly, as for instance, he had had spittings
of blood, consumptive symptoms, cough accompanied by
inflammation, &c., all of which he studiously concealed
from the office.-

The facts as proved on the part of the plaintiff were
these. That in the year 1840, Scott (who lived in
Birmingham, and was a traveller), had been advised to
insure his life, and applied to the Norwich Insurance
Office for that purpose, but .though accepted, yet
doubting the stability of the office, thought there was
no reason for such doubts, he changed his mind as to
insuring at it, and applied to the Imperial Life In-
surance. It appeared that having given much trouble
to the agent of the Norwich Office he paid as much as
61. to him in consideration thereof. He was subjected to
a rigid examination by the medical gentlemen acting on
behalf of the office and was accepted. In the declara-
tion made by Scott he gave the name of Williams as the
person who was his usual medical assistant, and who
certified to his being in a good state of health, and that
he had never known him otherwise, excepting those
casual illnesses parties are all subject to. In his evi-
dence Mr. Williams swore he was a medical prac-
titioner in Birmingham, and that he knew Scott in and
from 1832 downwards ; and that he was his medical at•
tendant in May, 1840, and considered him in good ge-
neral health ; that he gave a certificate to that effect,
mentioning, however, theren that he had a loose carti-
lage of the knees ; that he remembered his being con-
fined to his bad for three weeks in 18.10, owing to the en-
largement of the inguinal glAnds, which Scott told him
was occasioned by his going into the water. He had a
cough, but not such an one as to cause uneasiness in the
breast of the witness. In his cross-examination, this
witness gave certain equivocal answers, the bad effects of
which, however, was explained away, or nearly so, in his
re-examination. _ _

The principal witness, however, in the case for the
plaintiff was Dr. Ingoldsby, who stated himself to have
been for many years the mAical referee of the Norwich
office, He examined Scott on the 19th of February,
1840, and considered him a good life. His age when he
died was thirty-three. It was his duty to take parti-
cular care as to pulmonary symptoms, or indeed any
affection of the chest. Spitting of blood for a number
of years was a strong consumptive symptom, and par-
ticularly so if accompanied by a cough. Ile had every
reason to believe that the chest of the deceased was
sound when he examined him. Is considered a very
strict examiner.
Several witnesses were called who spoke to their
always having considered him healthy, though one, Luke
Brierly, stated the deceased conceived he was ill, and
would run all ever the country for doctors ; one day he
would be all dead, and another all alive again. The
case on the part of the office was, that Scott had know-
ingly deceived the office, ani it was stated, that it would
b' proved that the family of the deceased was a con-
sumptive family ; that his father had died of that dis-
order at the early age of thirty-one, also two of his bro-
thers and one sister, there being only one other sister
remaining ; that the deceased had suffered from and was
prescribed for a disease of the lungs long before 1840,
and that Scott was continually sending for prescriptions
to be made up, and that, in short, the whole was done in
fraud of the office.
Ann Scott, the sister, deposed to her father being said
to have died of consumption. She her,,elf did not re-
member him. She lived with her brother from Christ-
mas, 1839, to his bankruptcy, in 1842. He had a bad
cough when he took cold. Assisted in cleaning the bed-
rooms, and on one occasion observed blood in a vessel.
Her brother said it came from his head.

Many- other members of the family were called, at
whose houses he had stayed for a few days, two or three
times a year, who deposed to his being considered un-
healthy ; to his continual coughing and spitting ; and
one witness said that for six years before his death there
was consumption staring in his face. Of the family,
however, said to have died of consumption it was only
rumour and hearsay. The brother who died at the age
of 19i, it was said, had brought his death upon him by
misconduct of his own.

The principal medical evidence—though several others
were called—stated he attended Scott for inflammation
of the lungs in 1835. Bled him. Atten:led him the
same year for a venereal complaint and ulcerated sore
throat. In 1836 again attended him, when he was la-
bouring under a very. severe cough and spitting of blood.
Also attended him in 1837 for a cough and cold, and
for the like cause in 1838 ; the mucus was streaked with
blood. Should say that in 1840 the deceased had bad
symptoms of consumption.' Several other surp:ons were
called, some of whom had attended Scott, and spoke of
him as a consumptive man ; yet Mr. Williams, in 1843,
a few months before Scott's death, had given a certifi-
cate recommending him as a good life to the Western
Insurance Office, and on his certificate he was accepted.
The lungs had been examined and found to be full of
cavities, and were much diseased, but the surgeon of
the Imperial Life Office, who had examined them when
in a comparatively fresh state, was not called.
Mr. HILL, in a very powerful speech in reply, com-
mented strongly on this fact, and went very minutely
through the whole of the case.
The Learned JUDGE having carefully summed up the
evidence, the jury retired at nine in the evening, and
after an absence of half an hour, returned a verdict for
the plaintiff.

OXFORD ClRCUlT.—Hereford, Aug. 9.
The civil business was all disposed of yesterday, at an
hour sufficiently early to enable Lord Chief Justice Tindal
to try-a case of horse-stealing before the Court adjourned.
As was mentioned in yesterday's report, there were four
causes in all to be tried, one of which was undefended,
and two were substantially in the same predicament. The
fourth was the following:—.

AIgLEN V. THE RINQTON RAILWAY COMPANY.
Mr. tierjeant Talfourd and Mr. APMahon appeared for
the plaintiff, and the defendants were represented by Mr.
Whateley and Mr. Keating.
This was an action brought by the plaintiff, a gentle-
man of property, residing at the " Moor," to recover ,the
sum of 371. I Is. 4d., for moncy_paid to the use of, the
Company, which was incorporated by Act of Parliament
in 1818. By the provisions of the Act it was required
that the Company should repair and keep in order the
fences of the property through which the railroad was
carried, and the fences on both sides of the railroad being
very defective at that part of it which passed through
Mr. Allen's estate, the plaintiff in 1843 repaired .the
fence:, and obtained an order from two magistrates' for
the payment of the amount which they had cog to re-
pair. No attention having been paid to the order, the
present action was brought.
Mr. WHATELEY, for the defendants, submitted that
the order was bad, the jurisdiction of the magistrates not
appearing on the face.of it. He t.)ok also several other
objections to the order, but the Lord Chief Justice said
he would not stop the case, but would hear the answer
which the defendants had to make to the merits.

The case then set up on the part of the defendants was
that the " Moor" estate was originally the property of a
Mr. Harris, who died in 1824, and that in 1819 a parol
agreement was made between the company and Harris,
by which Harris undertook, upon receiving two sums of
101. and 301., to fence the estate himself, and keep it in
repair. Afterwards, however, he changed his mind,
fancying that a fence would spoil the view, and the com-
pany then put up a kw well with a gradual slope, so that
the view remained the same.
Lord Chief Justice TINDAL—I think your clients spent
their money very foolishly, Mr. Whiteley ; but I have
heard your case, so that it may not Lome down again.
The plaintiff most be nonsuited, with leave to move to
enter a verdict for 371. lls. 4d., the sum assessed by the
Justices. .

CROWN COURT.—(Before Mr. Sergeant ATCIIERLEY.)
Richard Taylor, Thomas Taylor, and James Taylor.
all young men under the age of '2 1 , were indicted for
breaking and entering the dwelling-house of Daniel
Bond, at Ashperton, on the 23d of July last, and stealing
therefrom a pair of trousers two shirts, two coats, and
other articles, his property ; also, a piece of bacon, two
handkerchiefs, and other articles, the property of George
Bond.
The jury, after some deliberation, found all the pri-
soners Guilty, and they were sentenced to transportation
for 15 years. -
This was the only ease tried to-day in either, Court
which was not of the most common-place character.
Only one indictment remains for to :narrow, a case of
sheep stealing, which will be tried before Mr. Sergeant
Atcherley. The Lord Chief Justice will proceed to
Monmouth and open the commission there.

WESTERN CIRCUIT.—WeIIs, Aug. 9.
CROWN COURT.
ARSON.—George Garland was indicted for setting fire
to the dwelling-house of John Shiers, at Somerton, on
the 14th of May, some persons being therein at the time.
Mr. Cox conducted the case for the prosecution, and
Mr. Edwards defended the prisoner.
From the evidence produced on the part of the prose-
cution it appeared that Shiers kept a public-house called
the Dragon, at Somerton, and that the prisoner some
time before the fire had lodged there. Something, how•
ever, arose which it was more than hinted at was
a jealous feeling on the part of Shiers, and the
prisoner was turned out Of doors. In the early part
of May the prisoner was at the shop of the father of
Shiers, and in the course of conversation he said he would
be revenged on Shiers and his family. The father said
the only way in which he could be revenged would be by
setting his house on fire. The prisoner said he should
never be happy till he had blown• John Shiers' brains
out. On the 14th of May the prisoner went into the
Dragon public-housel about nine in the evening. After
being there about an hour a quarrel arose between the
prisoner :Ind prosecutor, which-ended in the latter turn-
ing Ow iirigoner out of dtiors•; he then went towards the
back court of the prosecutor's house, and in &short time
afterwards the cellar was discovered to be on fire ; it
was, however, soon put 9at, and, nix)n F9*ing among tho

THE SUN, LONDON, MONDAY EVENING, AUGUST 12, 1544