The Sun.
London, England, 1844-05-09 00:00:00

No. 16,141. LONDON, THURSDAY EVENING SUN MAY 9, 1844.

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ments were covered over, and therefore that it
bable they did not even know that they were
room.
Mr. HAnnwrcx said that he thought it probabl
these implements had been covered over whilt
officers were breaking into the house, and asked
Baker whether he thought there had been time to de
in the interval between the alarm and the entry ?
Mr. Baker raplied that he thought there was.
Mr. IlAnnwicx thought there was the highest pro-
bability that these prisoners knew that the room was
used for gambling purposes.
Mr. Wilkins said there never had been a conviction
before without a proof being given that play was go-
ing on.
Mr. HAnnwicx. said no doubt play was the strongest
of all possible proofs, but it must be recollected that
there were many other kinds of proof besides that. The .
Magistrate here asked Mr. Baker if this house had teen
entered before ?
Mr. Baker replied that it had.
After a short deliberation, Mr. HARDWICK said that
it was absolutely necessary, in consequence of the ruin
brought upon families by these gaming-houses, to im-
pose severe penalties where convictions took place, in
order that a stop might be put to the practice. He should
therefore inflict upon Courty a penalty of 601., and in
default of payment he must be committed to the House
of Correction for three calendar months. Upon Everett
a penalty of 30/., and in default of payment three.calen-
dar months' imprisonment in the House of Correction;
and upon the other three, for being present, ti fine of 31.
each, or, in default, twenty-one days imprisonment in
the House of Correction.
Mr. Wilkins then intimated that Courty and Everett
would appeal against the Magistrate's decision, and were
ready now to enter into their recognisances to appear at
the sessions.

The other three prisoners paid the fines inflicted.
The prisoner Courty is a respectable-looking man,
of about fifty years of age.
The next case was the " Prince's" Club, Piccadilly-.
Superintendent Maclean proved that he went with-his
constables to No. 162, Piccadilly, and, on gaining an en-
trance, went up stairs, and found a chess-board and men,
and a backgammon-board, but no other implements 9f
gaming. There was a place contrived to facihtate escape
from the house. Two books were also found, which
contained a bill for 1,000/. and another for TOOL - Pour
persons were taken into custody, who gave the ;names of
Henry Richardson, Henry Seymour, Charles* Moseley;'-
and John Jones.

Cross-examined by Mr. Wilkins—A door was broken
by the constables, because it was locked. The desk and
boxes were broken by the police. Part of the cloth was
torn from a table, to see what was under it. Did not in-
sist upon having the female servants examined. They
were going. to bed when the police entered their room.
The room in which the chess-board was found was bril-
liantly lighted up.
Mr. HARDWICK asked if the superintendent had any
more direct evidence of gaming to produce than he had
offered ?--The superintendent replied in tho negative.
Mr. HARDWICK—I do not conceive the evidence goes
far enough in this case, to afford legal proof of this
house being a gaming-house. The chess-board and men
I do not think constitute a sufficient case, as they might
have been there without gambling being contemplated.
I cannot receive the belief of any one as to the character
of the house. I must have facts, and as Ido not find
them placed before me, without determining the question
whether this is or is not a gaming-house, I am bound to
say the case is not sufficiently proved, the parties all
being charged not as keeping the house, but as being
there without lawful excuse ; and I shall therefore dis-
charge them from custody.
The next charge was against Thomas Wilson, James
Cripps, Henry Scott, and Join! Godfrey, for being found
without lawful excuse in the gaming-house, 12, Bury-
street.

The case was proved by the superintendent of the D
division, who entered the house armed with the proper
warrant, and found the defendants in a room up stairs
with implements of gambling in it.
The fine of 31. was inflicted on all of them.
The next case was against the house 52, Albemarle-
street.

Superintendent Maisey proved that entrance was
gained by breaking through five doors, and by forcing
one of the windows. The constables found five persons
in the room, but no gambling implements.
Mr. HARDWICK asked if there was any evidence of
this being a common gambling-house?
Inspector Beresford Ras called. He said he knew the
house was a reputed gaming-house, but he had never
been inside.
Mr. HARDWICK said, if he arrived at the conclusiOn
that a particular house was a low gaming-house, he
must have legal evidence of sufficient strength ; what-
ever the presumption was, there certainly was no legal
proof that gambling was carried on, therefore be must
order the five defendants to be discharged.
The next charge was against the house, No. 47, Al-
bemarle-street, known as the " New Bentley."
Superintendent Carter, S division, obtained, an en-
trance into the house, and on going up stairs found two
rooms lighted up, but no gaming implements. On look-
ing over the house some dice-boxes, counters, and ha-
zard-table covers were found on the roof. '
On cross-examination this witness admitted that si-
milar proceedings had occurred next door.
Mr. Wilkins contended there was no case to answer,
for it was possible that the counters and dice-boxes on
the roof might have been thrown there by persona from
the adjoining house.
Mr. HARDWICK said there was the strongeSt suspi-
cion, but no direct proof, that this house was a gaming
house. He must give the party the benefit of the doubt,
and discharge him.
The next case was against the " Strangers," Regenta.
street.
John Jones, John Watkins, and- John Wilmot, were'
charged with being found in the house.
Superintendent Mallalieu, 11 division, said he went to
27, Regent-street, about one o'clock, and went up stairs
with some constables. Witness found the rooms 'lighted
up, but no one was present. Witness found a hazard-
table, rakes, pouls, roulette-wheel, and counters. In a
room beneath the play rooms found two persons,
smoking cigars and drinking wine. The defendants
Jones and Watkins said they did not intend to make •
any excuse; they were there merely to smoke their
cigars. Wilmot was about going to bed, and hi ad-
mitted he was waiter to Mr. Russell, the owner of the
house.
Mr. Howard, for the defence, said this house was a
restaurant, and not a gaming house. The parties appre-
hended by the police were there on business, and they
were taking refreshment, the same as any other strangers.
Mr. HARDWICK asked Inspector Beresford if he knew
whether the house was a club tavern ? Beresford said
strangers would not be admitted. He had applied, and
had been refused, on the ground that he was not a
member.
Mr. Howard contended that his clients were not called
upon to assign any reason for being in the house,-aa•the
house was not proved to be a gaming house. It was a ,
house opdn for refreshments, and he himself-when he
had gone to the Opera had afterwards supped at Mr.
Russell's house.
Mr. HARDWICK was of opinion that the house was
open for the purposes of gaming. He now wished ,to
know if the defendants Jones and Watkins were there
without lawful excuse.
The reply was they were there to sell a horse to Mr.
Russell.
Mr. HARDwieK was of opinion that it was highly im-
probable such a transaction would take place at one
o'clock in the morning.
The next case was the house No. 2, Bennett-street.
The charge was made by Superintendent Grin-
sell, but as nothing had been found to show the character
of the house, the parties were discharged.
The next case was a rough lot from 1, Leicester-court.
The case was proved by Superintendent May. The
parties, it appeared, played for such wretched stakes as
pence.
Mr. Hardwick fined the following defendants 20s.
each :—Barney Riley, the owner; Gray, Wicks, Ralph,
Brown, Smith, Saunders, James, Possy, Pipe, and Lewis.
The case against 75, Castle-street, was dismissed from
want of proof.
The next case was against the " Nick," at 16i, Castle-
street, Leicester-square.v,e Lewis, Foster, Keerer, Jones,
y, Matthew, Barrett, and Tom
Superintendent Lawrie, B division, proved the case
against Green, Martin,
Reedy.
Inspector
Beresford said the place below was a coffee-
shop, but no one could obtain admittance upstairs until
he bad, what is technically termed, his " picture " taken.
lie must undergo the ordeal of the coffee-shop, to see
that he was not a disguised policeman.
The next case was 160, Piccadilly, proved by Superin-
tendent Young.
John Wilson, George Johnson, and Thomas Stows
were fined 31., for being found in the house without
lawful excuse.
The charge brought by Superintendent Grinsell
.ar
Rogers, Humphries, Savory,
failed, from the absence of legal proof, and the defend-
ants, Russell, Craycraft, and Onslow, were discharged.
The next case was against the " Old Berkley," 46,
Albemarle-street.
The defendants were John Redman, George Hicks,
John Ward, William Smith, and two others, and Henry
Wingfield and John Carter, who had not surrendered to
their bail.
Superintendent Bicknell proved the entry into the
house under a proper warrant, and the seizure of
gambling implements, and the capture of the defendants,
who were all charged with being present without lawful
excuse. The police seized also 141. 10s. in gold, and
2,9501. in bills.
Mr. Wilkins said he would not take up the time of the
Court by offering any defence.
Mr. HAnDwrcii then inflicted the fine of 3L on all the
defendants who appeared.
of the
An application was then made for the return
money and bills to
the owner of the house, who had not
been convicted.
Mr. HARDWICK said the money was in the charge of
the police, and any application about it mast be made to
the Commissioners. He certainly should make no order
on the subject.
Mr. Wilkins said, although he had, as it were, offered
no defence in the last case, it was not because he con-
sidered the case proved. But with respeet to the money
' in question, it was certainly not to be considered as for-
feited, inasmuch as the house had not been proved to be
a gaming-house.
After considerable discussion, it was at length agreed
that the bills should be sealed up, and left in the hands
of the police for the present.
There were several other warrants executed, but as
the parties had most probably received timely warning,
the police were unable to possess themselves of sufficient
evidence to warrant them in pressing the charges,
of

Dispatches were sent off yesterday evening from the
Colonial-office for the Governor of Gibraltar.