The Statesman.
London, England, 1823-03-01 00:00:00

COURT OF !INN'S RENCO, livaLUw LL, V. zl4.

DR ettENGEM T. FORTUKE
This was an action by We well-kasown Me. De Bereng:.`r,
to rreover compensation for his services in respect of
house in Corithill, of which the defendant bought a lease,
and sold it again. The plaintiff alleged that h- had coasi-
deratrie skill in planning and improving houses, and that the
defendant, who bought them to sell again; had agreed to
g ye him a third of any profit on the house in question, the
interest in which he had purchased fur ?OW. and sold at bIlUt.
It dii not, however, appear that Mr. De Berenger had rei,
tiered any efficient service on account of the house, and the
menioraudles and letters relied on seemed rather to relete
to some scheme of pai wet-ship in a business to be carried
an upon the premises, than to any purchase of the house for

sale.
Thejory found a verdict for the defendant.

WOODROFEL V. OLDPIALD AND OTHERS:
Mr. GURNEY stated, that this action was brought under
very just and salutary law, which en.bled those who had
been deluded by the acts of professed gamesters to compel
them to refund their unjust gains. Th. defendants were
Oldfield, Bennett. and Carlos, who officiste I es managers of
a house. No. 76, St. James's-street, where the plsintir had
been Induced to play. mid lin I met with the mufti reward of
such folly. Ile would prove the loss of three distinct sums
at specified times, which lie wouli be clearly eutitled to re-

cover.
Mr. VVilliam Smith was called, and said—On the 2d of
August, 1821, I went to 73, St. James's-street, with Mr.
Woodrofte, when he played at rouge et noir. lie lost be-
tween 401. and 501. on that occasion. Mr. Bennett anti Mr.
Carlos were there ; I have seen them and Oldfield maiming
the house. Oa the 4th of August, I was again at the house
with Mr. Woodroffe ; he lost, but I do not know how much.
Perhaps he had St. or IW. on going into the house, and none
on coming out. Phillips was dealing the cards. Ou the
oth of August Mr.lVooalroffe lost 211. at the same game.—l
have been there on various occasions., and always saw them
taking shares in the management of the game.
On cross-examination, the witness said, I hare been for
some time in the rules of the King's Beach. I have often
been c tiled Captain Smith, because I am a second lieute-
nant. I know Captain Popham; I dare say I may have seen
hi.n there, far I have seen him at many houses of this de-
scription. I never played tar others. It is a common prac-
tice fc.r persons to play for others, with a view of getting
money from them. Mr. IVoodroffe played for himself. At
rouge et noir, the person playing dues nut handle the cards,
but stakes his money on which colour he pleases. I have
always kept myself aloof from the company. 1 have cer-
tainly seen Mr. Woodroffa put down money far himself:
distinctly he did. He generally was not a high player; he
i.eid not stake more than four or five sovereigns at a lime. I
cannot tell how many he put down at once; but he changed
notes to the amount of 4W. Players played against each
other at hazard, but at rouge et noir they always play
against the bank. 1 have no doubt Oidfield was • partner
in July or August, he used to come in. and sit with those
! who counted the money, at a late hour, haul. g another ea;a-

hlishment to manage.
Re-examined.—The house was handsnmelv kept, and
every refreshment provided fur the tisit irs. The play '4- t-
ell till two or three in the morning. I never shared Wood-
roffe's winnings, for he never won. (% laugh.) I never
joined with him .n any adventure et that house.
Mr. E. !ACMES addressed the jury for the defendant. He
contended that they could not rely on tit, memory of Mi.
Smith, even if they believed him, and that he was further un-
worthy of credit,
The LORD Cniry Jorrice thought it extremely hard, to
say that, because a man had been so infatuated as to play ,he
was not to be believed on his oath. If such a principle were
established, the act must become a dead letter, as Wises
could be proved by no other witnesses,
The Jury found a verdict for the plaintiff—Damages 021.
COURT OF COMMON PLEAS, Pm 28.
DAVIES AND OTHERS C. DOORMAN.

Mr. Serjeant Lams. for the plaintiff, stated that this
was a trial directed by his Hononr the Vim• Chancellor.
to determine whether the plrintiff's testator was • tmeoli-
tor of the defendant's estate fer a sum of aboit
The plaintiffs were the executors of a person named D
vies, who died in ltl2l, and the defen cant wss a gentle-
man •ho bad once carried on a most extensive business
as a sugar refiner, but who became a b inkrupt in 1'517.,
and whose estate was now sought to be charged with
debt of 7001. which strn the executors contended hi.j
been lent to him in the hfe•time of their testator, and hs4
never been repaid.
Mr. Serjeant VAvGnAN was for the defendant.
After hearing the evidence.
Mr. Justice liunctorun charged the Jury, who without
hesitation returned a verdict for the clefend int, disal:os-
ing the claim.

BOW-STR EST.—Yesterday John Poole, about 15 yeses
of age, was brongbt up for fin al examinadoo, charges
with robbing his father of various articles of plate.•
His fattier is an oil merchant, residing at Carmlea
Town ; early in the present mo oh the prisoner absconded
taking with him a quantity of silver spoons, a enudir-
stand, fish slice, and other pieces of plate; which, ashes
father subsequentlydiseovered, he poienei the same day.
Mr. Poole, after an anxious search of several days. found
the prisoner, and had him brought to this Office, and com-
mitted for further examination. He had discovered
' that the prisoner had gone to many tradestneu
and obtained goods by fiandulent pretences, and at be
etas desirous. if [fossil/le. to aveil hero:fling himself the
prosecutor, he determined to wi Old raw Ins own charge;
but here an inserts' auntsble obstacle preeented itself ;
the prisoner had o' taire 1 the goad.; in the sense, of his
mother, and no inducement could prevail upon ber to
come fora and •as a oit fleas to negative the pretence upon
which she bad proenred the things. The prisoner teas
breright up ye:steed/ay selnuight, and Mr. Pool-, whewas
attended by Mr. Tay for as his Coeue..l. eaprersed his in-
tent:on to proserwe. bit at the humane etegzecion -uf
Mr. Minsbnit, the 111 agistrota, lieteeeenteti to take a week
to consider of the ma; :er, atm yesterday the prisoner was
again put to the bar .
Mr. TAY Loa stated to Mr. }1 LIA, who wee yesterday
the Si ting Magietiate, that Ghent, Mr. Poole, since
the former exainivation, had consulted all his hi. als
upon the subject, and their unanimous advice was that
he.should prosecute, in melee to avert from hie family
so dreadful a calamity as that of having one of its mem-
here brought to an untimely end. So determined a
spirit of rice bad the prisoner shewn, that Mr. Nolo,
' deeply relectaot as he was to appear in a character appa-
rently so unnatural as that of the prosecutor of hie own
sis, fa It that it was the o'dy course he could pursue to
Avoid the re.ftection hereafter of having, by a mistslen
feeling of mercy, been the cause of his expiating his
oft:ences upon the gelloo s.
Mr. HALLS 's ai.l he deeply sympathised with Mr. Poole
in this lamentable affair, and thought oils him that 11^
was pursuing the right coarse, however painful it might
0 be. The patience was fully committed.