The Statesman.
London, England, 1822-10-28 00:00:00

LAW REPORT.
-rw.--

COURT OF SINGS BENCIT, WaIITUIXIIITZI, OCT. 25.

NAMING DOUSES.
C%ItTER V. ABBOT, HOLDSwORTR, AND DAVIS.
Mr. tlunesv stated that this was an action brought
'hy the assignee of a bankrupt named Abbithall, against
the defendants as proprietors of a certain gambling-house,
situate No. 5, King-street, St. James's, to recover certain
large sums of money lost by the bankrupt in that
house previous to his bankruptcy. at the unlawful game
of Rouged Noir. The Learned Counsel, in an eloquent
;:a•einent, opened the case to the Jury. and having
proved the preliminary steps relative to the bankruptcy,
petitioning creditor's debt, commission, &c. next called'
the bankrupt.
51r. ABBITBALL, formerly a merchant, proved. that in
ifto, the three defendants kept a house for gambling in
King street, St. James's. Witness had seen Rouge et
Noir played at that house. The defendants acted as
owners of the house and proprietors of the bank. Visit-
ors 'night play for any sum from ss. to 1001. The usual
ti ;.e of beginning to play was nine in the evening, and
it rested at two. If the bank was out before two, they
Would sometimes leave off as soon as it was exhausted.
Me bad sometimes seen them replenish the bank to re-
rover their loss; but they never failed to leave off if the
bank was a winner, which happened 19 times out of 20.
owing to the advantages of tho game, or the intoxica-
tion or phrenay of the players. There was always wine
on the table free. Two or three days before the 3d of
November, 1820, witness met Holdsworth. who pressed
hill to go to the house, witness having discontinued his
chits is consequence of being a loser of many thcusands.
Witness went to the house on the 3d of November and
p'ayrd. The defendants were present, presiding over
the game. Witness took 1000/. into the house, and when
gritted it he had 130/. left, having lust 870/. Wit.
n-ss scent again to the house on the 21st of November,
mist look about4ool. Holdsworth and Davis were there
oia this occasion. Witness again lost 300/. and somal
small notes. On ,the 27th, witness went again, and
again lost upwards of 4401.1 n two 2001. and some small
notes. Witness lost all these sums to the hank.
Cross.exaalined.—Has the honour to he an African by
birth. hiss been in Paris, hut never was connected with
a.gambling-house there, though lie had some securities
on one. Witness bartplayed in Paris, and won and lost
a gocd deal. Was now about 30 years of age. The mo
ney be expected to raise by bisections against gambling
houses was not equal to what be had lost by 40,0001.
Never made an offer of taking money from the defend-
ants, though they had made repeated offers to him. Was
at Abbot's house last night, in consequence of the at-
g.iciations existing between them. Holdsworth proposed
to give the creditors 7501. Witness neveragreed to take
any certain sum. Witness had proposed to take a thou-
sand pounds, subject to the approval of his creditors.
Hati been to Holdsworth's house several times in the
last ten days. Had mentioned the reluctance he bad to
appear as a witness on this occasion. Had brought ac-
tions against rime house himself, and his assignees had
brought actions against four other houses; only one
action had been settled; had received money as a loan
from a house in which he bad lost several thousand
pounds. They would not lend him money till be gave
them a release, Did not take and one to be a whiles& of
his lasing. Did not take the Attorney's clerk IS a wit-
ness; he went by accident oqe day to N0..5, ling-street;
his name was Duncan. Had said to Holdsworth, that
Duncan and fifty other persons had seen him play, and
loses great deal of money, but never told Holdsworth he
bad given money to Duncan tbat he might play, and re-
main unsuspeated. Lots of people might have followed
him, curious to see him hue so much money. Never
won much money on balmier, though be 'sight bare
a particular night : on one occasion be wen Moen hun-
dred pounds in one house in one week.
'The 40,0991. he had lost c.ainkinto his bawl" him ay
of consmeeee. Since his bankruptcy he had played
twice, and might have lost 150/. His father had given
him considerable sums since his bankruptcy. If it
pleased Hod. he would pay his creditors 20s. in the
pound, notwithstanding they had released him. On a
former occasion witness stopt for 50.0001.: he then as-
signed to his creditors all his property, and they had, he
believed, received 1 shillings in the pound under
that assignment. The assignment was made is 1310,
and his creditors were still receiving money under it.
Re-examined.—Tbe creditors received the money paid
to compromise the action alluded to. Witness had no
interest in any of the actions. Went to Mr. Abbot's lut
night at his particular request. Duncan had not been
in Sir. Wrickson's office for some years before he went
with witness to Abbot's.
Hobert Duncan and another witness gave evidence as
hatingto seen Abbithall, at No. 5, King-street, and that
the defendants acted as conductors of the play.
51r. SCARLETT, for the defendants, impressed on the
Jury that there was no proof of Abbithall's losses but
his own testimony, and that the bankruptcy case was
It erely- a contrivance to enable him to be his own wit-
Leh. Davis had been joined in the action as a eo-part-
i er with Abbot and Holdswortb, but it would be proved
that he was only a weekly t.
A man named `Swains and Thomas Holdsworth, bro-
ther to one of the defendants, deposed that Dal is was a
corfidential servant.
Sir. Huitxxv having replied,
The titter JUSTICE summed up, and the Jury found
av:rd et for the Plaintiff. Damages, 16101. Costs, 40s.
CARTEL V. OLDPIELD AND BENNETT.

Mr. GURNEY stated that this action was brought by
the same Plaintiff against these two Defendants, Oldfiehl
and Bennett, as Proprietors, not of one gaming-house
only, hut of two. One situate, No. 28, Bury-street, St.
James's ; tte other, 71, Pall-mall : at both these houses
he would prove the game of rouge a Noir going on, and
would show Mr. Abbitball losing large sums of money,
which the Assignee sought to rticover by the present
action.
*fr. Ahhithall wits again examined. and Proved play
going on at the boo* in trestion. At 28, Bury—ttreet,
lie was on the mails of the 3d, 14th, and 20th No.
eember, and played on those nights, ()Infield and Ben-
nett appearing as propietors of the bank. Witness com-
menced going these ganting•howes in 1817, and con-
tinued down 1820, during which period lie lust
40000/. more titan he won. Witness's testimony related
to the loss of 7501., and for that sum the Jury found a
verdict for the Plaintiff.

OLD BAILEY.—SAruno.ty.