The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1842-12-06 00:00:00

GAMING TRANSACTIONS.

SMITH V. BOND.
(Sittings at Nisi Prius, Landon.)
T:)is was an action to recover certain penalties under the
10th Ann, for playing at a certain game called hazard. The
statute enacted that all persons who lost money at gaming
were entitled to recover it back by an action at law, provided
they brought it within three months after their loss ; but in
the event of their failing to do so, any common informer
could bring the action ; and whatever penalties he recovered,
one moiety was to be his, and the other was to go to the poor
of the parish where the offence was committed, the penalties
being the sum lost and three times its amount.
Mr. Thesiger, Mr. Kelly, and Mr. Lush were for the
plaintiff; Mr. Platt, Mr. Richards, Mr. Clarkson, and Mr.
Butt conducted the defence.

Mr. Lush opened the pleadings, and stated that the de-
claration contained ten counts, to all of which the defendant
pleaded not guilty.
Counsel on the part of the defendant requested that the
witnesses on both sides should not be in court during the
proceedings, which being acceded to,
Mr. Thesiger addressed the jary on the part of the plaintiff
and after (pointing out the penalties of the statute, said,
without going into details, he would call witnesses before
them to prove the infraction of it by the defendant.
Mr. Benjamin Thompson examined by Mr. Kelly.—l
know the defendant, Mr. Joseph Bond. I was in his em-
ployment in the month of June last. He kept a house in
St. James's-street, known as the " Junior St. James's Club."
There was much play at French hazard there. It was car-
ried on in a room on the second floor, where there was a
table for play, The defendant occasionally superintended.
In his absence I did. The play was carried on mostly by
counters, representing several sums of money. There was a
bank, over which a groom-porter presided. His duty was to
call the main and chance, and to receive and give money.
His name was Norton. There was also another person of
the name of Slarke who assisted. He is the defendant's
(Mr. Bond's) nephew. The game of French Hazard is
played with a box and dice. Being asked to explain how the
game was played, he said.—`, If for instance, a player calls a
main of seven, and throws five, he continues to throw until
he either throws seven or five. If he throws the former first
the bank draws the money, and in the latter the caster or
thrower ; but if he throws crabs he throws out." (laughter.)
Lord Abinger.—Pray what are crabs?
Witness.—My lord, crabs are when you throw deuce, ace,
or aces, and then the bank wins. I recollect a Mr. Breddell
coming to the club on the 2d of June, 1841. He played at
French hazard, and lost £7 in cash, and his draft for £2OO.
He gave me the draft on a slip of paper. I waited on him
the following morning, and he gave me a regular printed
cheque on his bankers, the amount of which I received and
paid over to Mr. Bond, the defendant. On the 11th of June,
1841, I recollect Captai❑ Courtenay coming to the house, and
losing £lOO in cash, and on the 14th he came again and lost
the same amount in cash, and also his draft on the London
and Westminster Bank for £2OO, which I handed over to the
defendant, and on the 26th of the same month he returned
again, and on that occasion he lost £l7O in cash, and his
cheque for £1,150, which were handed over to Mr. Bond,
On the 29th of June. Mr. 'Fitzroy Stanhope came, and lost
£5 in cash, and a £5O draft on Herries and Co., bankers,
St. James's-street, but I do not know whether it was paid
Or not. On the 10th of August subsequent I recollect Mr.
Breddell coming again and losing £2OO, for which I received
his cheque, which was paid the subsequent morning. On
the 25th of August the Marquis of Conyngham came and
lost £5OO, for which he gave his bill to Mr. Bond, which I
heard was paid. On the 27th Lord Cantilupe lost £4OO,
cash £2OO, and a bill for £2OO, which he held of the defend-
ant Bond. On the 29th General Churchill lost £5O, for
which be gave a draft on his agents, Messrs. Cox and
Greenwood, which:was paid. On the 3d of December the
Marquis of Conyngham again visited the house and lost
£5OO, for which he gave his bill.
Cross-examined—l live at Chelsea on ray own means. I
know not who the plaintiff is. I have not the slightest inte-
rest in the present inquiry. I know a person of the name of
Fearon. I never applied to him to make false dice. The
defendant and I had some differences. 1 sued him. I never
in the presence of Mr. Massey Stanley asked a person of the
name of Smith to make false dice. The money which Capt.
Courtenay lost he paid in Bank of England notes. I never
was charged with not paying over to the defendant the amount
of a dinner bill which Captain Duff paid. I did pay it over
to the defendant in the coffee-room, along with £5 which
Captain Duff had lost at hazard.

Charles Andrew Breddell, Esq., of Eaton-square, Pimlico,
corroborated the last witness, and produced the two cheques
for £2OO, which he had lost at the defendant's house.
Captain Courtnay was next called, and stated that he had
only visited the house four times, and lost several hundred
pounds, but had no precise recollection of losing the particu-
lar sum of £lOO, as stated in the declaration.
A clerk from Cox and Greenwood proved the payment of
the £5 cheque, on the part of General Churchill, to a person
of the name of Starkie, the nephew of the defendant.
The Marquis of Conyngham, Lord Cantilupe, and Mr.
Fitzroy Stanhope were called, and not appearing,
Mr. Platt addressed the jury on the part of the defendant,
and contended that if even they believed Thompson, the
plaintiff's witness, in point of law he could not recover, in-
asmuch as the declaration charged the defendant with re-
ceiving money for gambling in the parish of St. James's,
whereas the payment of the money took place in the city,
and he requested his lordship to reserve the point.
His Lordship expressed a doubt how far the point would
avail the defendant.

The learned Counsel having concluded a most eloquent
address,
Lord Abinger most elaborately summed up the evidence.
The jury, after half an hour's deliberation, found a verdict
for the plaintiff on five counts in the declaration, and in pe-
nalties amounting to £3,508.

REMOVAL OF DUST MOHAMED.—The 9th light cavalry
marched from Ferozepore on the Ist instant, with orders not
to proceed beyond Bhawulpore. The Dost's family and fol-
lowers are in progress from Loodianah, under escort of two
ressalalis of the 6th irregular cavalry, to Ally Ghur and
Allahabad, and it is rumoured that should Mahomed Akhbar
not be given up by the chiefs about Cabul, the city will be
entirely destroyed, and the Dost sent down to Chunar.—
Indian Star, October 15.
A COLOURED BARRISTER.—A gentleman of colour was
recently called to the bar of the Middle Temple. His father
is one of the senators in Jamaica, and possessed of a very
large fortune, the bulk of which he entailed on his sou, who
some time ago sailed from this country for Jamaica, where,
from the excellence of his character and his great talents, we
doubt not he will fill some of the first offices in the island.
He was offered the appointment of stipendiary magistrate,
but declined it, as he would thereby be prevented from being
a senator.

A CONFESSIONAL AWKWARDLY SITUATED.—In the ca-
thedral of Grigenti, in Sicily, the slightest whisper is borne
with perfect distinctness from the great western door to the
cornice behind the high altar, a distance of 250 feet. By a
most unlucky coincidence, the precise focus of divergence at
the former station was chosen for the place of the confessional.
Secrets never intended for the public ear thus became known,
to the dismay of the confessors and the scandal of the people,
by the resort of the curious to the opposite point (which
seems to have been discovered accidentally), until at length
one listener having bad his curiosity somewhat over gratified
by hearing his wife's avowal of her own infidelity, this tell-
tale peculiarity became generally known, and the confessional.
was removed.

SALMON.—On Friday night, Mr. Adams, the superin-
tendentl of police, and three assistants, succeeded in taking
ten "cribs" between Ross and Monmouth, in which were
about fifty-four dead fish, most of them unseasonable. We
have seen some of them at the city prison, and it is painful to
witness the destruction occasioned by capturing the fish be-
fore they had spawned ; thousands of incipient salmon have
thus been annihilated. One of the good fish found in the
cribs weighed 291bs. ; and there was another unseasonable,
which if left to the proper period would have reached 401bs.
Several nets were likewise taken, and we understand that se-
veral of the river poachers will be summoned before the
Monmouth magistrates.—Hereford Journal.
A NICE POINT FOR THE LAWYERS.—A servant maid,
named Mary Smith, was convicted, at the Cambridge Ses-
sions, the other day, of stealing two bottles of port wine, the
property of her master, the Rev. Mr. Watson, of West
Wrattling, and sentenced to 18 months' imprisonment and
hard labour. The jury had recommended her to mercy, on
the ground of her previous good character. Mr. Gunning,
who defended the prisoner, insisted that there was no such
measure known to the law as a " bottle of wine," and that
the indictment ought to have been in the usual form, " for
stealing so many glass bottles and so many pints or other legal
measures of wine." The court, without hearing the counsel
for the prosecution, overruled the objection, and Mr. Gunning
gave notice of his intention to bring a writ of error on the
objection he had taken.
CONVOCATION OF THE IRISH BISHOPS.—Under the fore-
going head the Dublin Post of Friday eveningsays :--His grace
the primate has convened the bench of Bishops to meet this
day with a view of considering the answer of the Cabinet to a
statement laid before Sir Robert Peel, by his grace and cer-
tain other dignitaries of the Established Church in Ireland,
on the subject of National education. We have reason to
believe that the reply of the Cabinet to the remonstrance of
his grace is of a nature by no means satisfactory to that per-
sonage and to the other clergymen who concur with his grace
in opinion on the subject. We believe the answer of Sir
James Graham, speaking the unanimous opinion of the Cabi-
net, is to this effect—namely, that not only will no change
be made in the existing system, but that it will be carried
into full effect to the very letter.' And we may add (quoth
the sbove journal) as a corollary, that no moneys will be
voted to any distinct association purporting to have similar
educational objects in view."
A paper, on which was written the following, was taken
out of a bottle found at Shilly Bay on Thursday last. The
bottle had been thrown on the beach some weeks previously
Schooner Lexington, off Cape Hatteras, July 15, 1842.
This morning, at half-past 2 a.m., it commenced blowing a
strong north-wester, which increased to such a degree that I
was certain that my vessel would not stand it. At 5 I tried
the pumps, and found that she made 11 inches, she being an
old vessel, worked in her joints. At half-past 11 I deter-
mined to leave her with my crew (consisting of three men
and myself) in our launch; but before leaving her sounded
the pumps, and found she hadincreased the water in the
hold to three feet. I write this and enclose it in a bottle,
so that if we should not be saved, and the bottle be found, it
may be known what became of the vessel and us. At I p.m.
got into the boat with provisions and water sufficient for six
days, having beforehand offered up a prayer to God to pro-
tect and save us. Wm. H. Morgan, captain; John Rider,
mate."—(From the Bermuda Royal Gazette, Nov. 1.)

SMOKE PREVENTION.

TO THE EDITORS OF THE LIVERPOOL MERCURY.

GENTLEMEN,—In sending you for insertion the inclosed
advertisement respecting the infringement, by Mr. Joseph
Williams, of my patent for admitting air to furnaces, I take
the opportunity of thanking you for the liberal and favour-
able notice which you have taken, in the last week's Mer-
cury, of the effects you had witnessed at my furnace at the
Clarence Dock. I beg to assure you, that lam not the less
obliged because, in the same editorial remarks, and with the
view of placing the subject fully before the public, you have
also given a favourable notice to what Mr. Joseph Williams
has done in the steam packet Urgent, and even " at your
own engine furnace in Lord-street," and at other place.,
seeing that such are but further illustrations of the value of
the principle on which my mode of introducing air to the
gases of a furnace is based—all such works of Mr. Joseph
Williams being direct infringements of my patent, and, in
some instances, being almost identical with my mode. In
the admission of air to the furnace, the sole object of my
patent (and, indeed, the only principle on which air can be
effectually admitted) is the causing it to pass through one or
more narrow apertures, in thin or small films, to the inflam-
mable gas issuing from the coals.
The piracy of my patent by Mr. Joseph Williams is the
mors unjustifiable, as it does not appear that he has any pa_
tent whatever, and that he is merely endeavouring to obtain
business under pretence of carrying into execution a patent
granted to Mr. Kurtz, of this town, although that gentleman,
in the strongest and most indignant terms, has disclaimed its
connexion with the mode adopted by Mr. Joseph Williams.
Should you take any further notice of this matter, may I
luggest your hinting at the propriety of parties asking to see
Mr. Joseph Williams's patent, or the grounds on which he
presumes to make any charge for patent right, before they
suffer themselves, incautiously, to be made the instruments
of injury to me or their patentees ?
I am, Gentlemen, yours, &c., C. W. WILLIAMS.
Liverpool, Nov. 30, 1842.

INDIA, AFFGHANISTAN, AND CHINA.

EXPRESS FROM MARSEILLES.

(From Yesterday's Times.)

Our ordinary modthlv express from Marseilles in antici-
pation of the Overland Mail reached us last night. It brings
intelligence from Bombay to the Ist of November, and en-
tirely confirms the glorious news brought by the late inter-
mediate mail.

The proceedings of the British armies in the neighbour-
hood of Cabul have been eminently successful. The whole
of the British prisoners have been liberated from the hands
of the Affghans. Their number was 31 officers, 9 ladies, and
12 children, with 51 European soldiers, 2 clerks, and 4 wo-
men, making in all 109 persons, who had suffered the hor-
rors of captivity from the 10th of January to the 21st and
27th of September. The names of the prisoners rescued will
be found subjoined.
The meeting between the veteran General Sale and hiswife
and daughter is described as highly affecting.
Oh the arrival of General Nott's division at Cabul, the re-
solution adopted by the British government to destroy all
the Affghan strongholds was carried into execution. An
expeditionary corps of about 4000 men was sent to demolish
the strong forts of lstalif and Chareekar. On the 29th of
September, General M'Caskill and Brigadiers Tulloch and
Stacy, who commanded this force, were met by a strong
body of Affghans, led on by Ameen Oola and sixteen of their
most determined chiefs, who sought to defend lstalif. This
town consisted of masses of houses built on the slope of a
mountain, in the rear of which were lofty eminences shutting
in a defile leading to Turkistan. The number of its inhabi-
tants exceeded 15,000, who, from their defences and the
difficulties of approach, considered their position unassaila-
ble. The great part of the plunder seized last January from
the British was placed there, and the chiefs kept their wives
and families in it, and many also of those who had escaped
from Cabul had sought refuge there. The British troops
soon made themselves masters of the town, driving the enemy
before them with considerable slaughter. Two brass field=
pieces were taken. The loss to the victors consisted in one
officer (Lieutenant Evans, of Her Majesty's 41st Regiment)
killed, and four wounded. The demolition of the forts was
immediately begun. The expedition, after the destruction of
Chareekar, was expected to return immediately to Cabul.
The notorious Akhbar Khan was a wanderer in Kohistan.
On learning that all the prisoners, save Captain Bygrave,
whom he had in immediate attendance upon himself, bad
been surrendered to the British anthorities, he came to the
resolution of sending in that officer also. Captain Bygrave
was allowed to join General Pollock's camp on taking a let-
ter from Akhbar Khan to the British General. That letter
is stated merely to contain an inquiry as to what the British
intended to do with his father and his family. It is further
asserted that Akhbar Khan had lost all his influence with the
Affghans, particularly since he had refused to place himself
at their head during the battle of Tezeen, although called
upon to do so. Tezeen was the battle fought on the 13th of
September, and which decided the fate of Cabul.

One of the duties performed by the British was the inter-
ment of the skeletons of those who had fallen during the
fatal retreat of January last. The number did not exceed
400 or 500. Several of these melancholy remains were re-
cognizable. It is further stated, that very many of the na-
tive soldiers and of the Hindoos who had accompanied the
troops during the fatal retreat, have come into the British
cantonments.

On the Ist of October, the Governor-General issued the
proclamation from Simla, announcing the victories over the
Affghans, and the intended evacuation of the country.
The style, statements, and the principles of this important
proclamation have been variously canvassed in India. The
phraseology is stated to be suited rather to the. Asiatic than
European taste; it cannot, however, fail to prove an im-
pressive lesson to all the native princes.
The governor-general has published several other procla-
mations, and among them are those which confer honours
and medals, &c., on the regiments employed at Candahar,
Ghuznee, Cabul, &c. One remarkable one is that which
announces the termination of the war with China, and which
directs the distribution of medals and other honours to the
Indian soldiers and sailors employed in that campaign.
The return of the British armies from Cabul to Peshawar
was expected to begin about the 10th of October. The de-
struction of Cabul, and of the Bala Hissa, and also of the fort
of Jellalabad, had been ordered. An attempt was made by
Futteh Jung, the son of Schah Soojah, to place himself on
the throne of Cabul at the time of the firing of the salute by
the British troops on their colours being hoisted in the Bala
Hissa. But this ruse is said to avail him little, and it was
thought that he, like his three brothers, and many adherents
of his family, would have to retreat with the armies, in order
to lead a peaceable life as pensioners on the bounty of the
Hon. Company.
It was not known how the Affghans, who have had expe-
rience of the resolution of the British Government to avenge
all acts of treachery, would conduct themselves during the
retreat of the troops from Cabul to Peshawur. They are
described as highly incensed with the Sikh soldiers who acted
as auxiliaries to the British, and who, during their progress
into the Affghan country, had indulged in their propensity
for plunder to the utmost. It was stated that the Sikhs in-
tended to retain possession of the Khyber Pass, and to main-
tain it against the irruption of the Affghans. Of the French
Generals in the Sikh service, there are but two now in active
employ. Ventura was expected to arrive in India from
France, while Avitabile and Court sought to obtain leave of
absence from the Sikh Monarch. Avitabile, who had go-
verned Peshawur during some years, was in October re-
fused any furlough except for one month, which was to be
spent at Lahore, and Court would not be allowed any leave
of absence unless he left his son as a hostage for his return.
It appeared, therefore, that the Sikhs anticipated a continu-
ance of the war with the Affghans after the retirement of the
British troops. This anticipation is supposed to have con-
tributed to the immediate formation of the camp of reserve
in Sirhind. The native festival, called the Dassorah, which
took place in October, had passed over quiet in Lahore.
Great preparations were making there for the visit which the
Governor•Gcneral of India was about to make to Maharaja
Shore Singh. In a special proclamation the Governor-
General had ordered that Mr. Clerk, who had done signal
service as Political Agent at Urnballa, should be appointed
Envoy at the Court of Lahore, with the title of " Excel-
lency." The Sikh leader, Zorawar Singh, who had been
defeated in his invasion of the 'Chinese territory of Thibet,
had contrived to involve his government by his manoeuvres,
and it would require some management to settle the matters
in dispute between the old British allies the Sikhs, and the one
lately formed in the Emperor of China.
But little difficulty appeared to be expected in the march
of the British from Peshawur to India, for the months of
November, December, and January are represented as beau-
tiful for marching through the Punjaub. Among the tro-
phies which General Nott brings back to India are the cele-
brated sandal-wood gates which a Mabometan conqueror had
taken away from an Indian temple, and which had, during
nearly eight centuries, formed the chief ornament of his
tomb at Ghuznee. What will be their next destination re-
mains unknown. . -

The news of the ratification by the Chinese Emperor of
the treaty of peace had reached India, and contributed to the
general satisfaction. Trade was beginning to experience the
results of the general activity.
In the interior of India tranquillity prevailed. The dis-
turbances which threatened to create confusion in Bun-
delkund were, it was expected, about to cease, for all the in-
habitants of every part of that continent, including even the
dissatisfied and bigotted Moslems, appeared impressed more
than ever with a conviction of British superiority, and also
of their total inability to make any effectual resistance.
The Bombay troops had dismantled and abandoned
Questa, and retired to the banks of the Indus. The moun-
taineers had attacked some of the stragglers in the Bolan
pass, and killed Assistant-Surgeon Brickwell, who, from in-
disposition, was travelling in a litter, and did not keep up
with the main body, _ _ _

A court-martial will, it is said, be holden on General Shel-
ton and Colonel Palmer, and four other officers, immediately
on their return to India, . _

The Governor-General and the Commander-in-Chief were
expected to leave Simla towards the end of October, in order
to meet the army of reserve and the other troops in the vici-
nity of the Sutledge.
The burning of merchant ships continued. The Jessy was
consumed at Calcutta, and the Belvidera at Singapore.
The Madras monsoon has been favourable. Its effects
were felt in heavy showers even at Bombay.
The Company's sloop Coote was struck by lightning at
four o'clock in the morning of the 31st of October. The da-

wage was not great.
One correspondent says—" There is a report that Akhbar
Khan has been put to death, as also Ameen Oola Khan, his
friend and adviser, but both want confirmation."

A fifth Bombay ship has been destroyed by fire. The
Belvidere, which has; it is supposed, been wilfully destroyed
at Singapore, had pearls on board ; and she is insured to the
extent of upwards of £lOO,OOO.

LIST OF PRISONERS RELEASED ON THE 21sT
OF SEPTEMBER, 1842.
Major-General Shelton, Her Majesty's 44th Foot.
Lieutenant-Colonel Palmer, 27th B. N. I.
Major Griffiths, 37th B. N. I.
Captains.—Boyd, Commissariat; Johnson, Commissariat
Schah Soojah's 26th N. 1 ; Barnett, 54th N. I. ; Souter, Her
Majesty's 44th Foot ; Waller, 8.11. A. ; Alston, 27th N. I. ;
Poett, 27th N. 1. ; Walsh, 52d M. N. I. ; Drummond, 3d
B. L. C.
Lieutenants.—Eyre, B. A. ; Airev, Her Majesty's 3d
Buffs ; Warburton, B. A. S, S. F. ' • Webb, 38th M. N. I. S.
S. F. ; Crawford, B. 2d N. I. S. S. F. • Mein, Her Majesty's
13th L. L.; Harris, 27th B. NN. I.; Melville, 54th B. N. 1. ;
Evans, Her Majesty's 44th Foot.
Ensigns.--Naughton, 31st B. N. I. ; Williams, 27th
B. N. I. ; Nicholson, 27th B. N. I.
Conductor Ryley, ordnance commissariat.
Surgeon Magragh.
Assistant-Surgeons Berwick and Thompson.
Ladies.—Ladies Macnaghten and Sale; Mrs. Sturt and
one child ; Mrs. Mainwaring, one child ; Mrs. Boyd, three
children ; Mrs. Eyre, one child ; Mrs. Waller, two children ;
Conductor Ryley's wife, three children ; Private Bourne's
(13th L. I.) wife; wife of Sergeant Wade.
Major Pottinger, B.A. ; Captain Lawrence. 11th L. C. ;
Mackenzie, 48th M. N. F. ; Fallon and • Mr. Blewitt,
clerks, not in the service.