Morning herald., 1839-06-28
Coert Of Conn sn0n Pleas.


TIE Morality and Legality Of Political Wagers.-
Merritt VS.. Crooke-Mr NJ. ;. Bacon, with whom
Mr.. Edmonds, appeared for tho plaintiff and
stated the case to the jury. The learned gentleman
said il was action to recover the sum of $1,000,
which had been deposited in the hands of the defend
ant as stakeholder, at the last gubcrnatoria cleo
ton lie then read from the revised statutes the law
against gambling and wagers.
After the wager was made, Mr.. Hoxie proposed
that each party should sign and swear TO affidavit,
which the plaintiff expressed his willingness TO do,
but Hoxe never fulfilled his stipulation, and
then IL that the defendant took the case out Of
the court Of homer, and pat il into court Of law,
in other words, notified the stakeholder that he was
not to pay the money il Hoxie should prove to
be the winner.
Aaron Clark called by plaintiff, and sworn.
Mr.. 0'Connor.-l want to ask this witness il the
contract respecting this bet is in writingl
witncss.-No. Some time before the fall election
was in the Mayors Office, when Mr.. Hoxie and Mr..
Merritt came IN.
Mr.. oConnor.-was MIR. Crooke PRESENT.
Witncss.-Oh no.
Mr.. O'Connor.--Wel ell then, sir, you'll be pleased
20 relate nothing that passed, except my client
present
Mr. Edmonds.-Never mind; it is immateriaI
which end of the we begin at, that get the
butt end IN. CA laugh
witness.--I took some money and gave IL to Mr..
Ahcrn.
Counsel-Then, sir, you can stand side
John Ahern, cxamined.-l got some money from
the last witness, which handed TO MIR. Crookc. Ii
was two thousand dollars in all, and | had meme
randa given to- me by Mr.. Clark AZ tho same time; 1
fret got two hundred dollars from Mr.. Clark, and the
balance afterwards from the parties.
Mr. Edmonds. Did you not, sir, get some Of this
money from Hoxiel
Mr. o'Connor-sir, you did not make this bet, SO
don't tell the witness what to say; wish you had
made IL and lost H.
Mr.. Edmonds Sir, I should have done Just as my
client did, and would YOU
Mr. O OConnor.-sr, you may SANDER yourself if
you please. but take care what you say about me.
IL, uts lts n nIpr
Witne.s.-I held the money for some time, and
then paid Il over Mr.. Crooke, but did tell him
the Of the bct he called for the money, and
paid Ii over.
CounseI-what did he sayt
witnoss-I don't recoliest, except that he called
for the money.
Counsel-Did he say he was the stake holdcrl
Witne..-I cannot say; but gave him the money
after had got the cheques changed. Mr. Clark
gave me the deposit of seOo and the cheques were
for tho balance.
MIR. O'Connor.--Did you, SIR, keep any memoranda
of these occurrencesi
Wnness.-No IL was, as I recollect a month
pre- vious 20 the election; but think received the
| 8 800 on the lst of November; Merritt and Hoxe
had paid me sepO ON the same day. and withis about
two hours of each other. ] paid u 20 Crooke about
three dsys after; the election had not commenced
/ when I gave il 20 Crooke; acted under Mayor
Clarks directions, when Merritt and loxlewerc not
pre- scn am not certain that Merritt SAID any th
about handing the money 20 Crooke. The mcaoran.
da was made about the same time a. the frst depo.
I sit; am not certain whether Hoxie and Merritt
were present when the memoranda was made; \ de.
| stroyed IL after had given the money up.
Aaron Clark recalled was the Mayor of the city
the time this bet made; and the last witness
was the lirst clerk IN my office. understood at
the time that the parties had made bet respecting
the GubcrnatorisI election, and they wished me Go
take the deposit II would be more convenient for
them to retain the balance until within few days ol
the election Well very thoughtessly accepted IN e
money, but the next day repentcd, and reqsested
10 he relieved of the deposits never received any
thing but the $500, and know nothing subsequently
10 my giving the money mp. Mr.. Ahern perfectly
well understood that would take further troBble