The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-01-15

Davis. In consequence of our want of confidence
IN ms lordship this was not carried further than the
to.o consequently the judgment for ElO,OOO stands
ia TACT only To secure the E575
Have you obtained from his lordshin any other
bond or warrant OF attorney than those already
mentioned! Yes: in addition to the warrant of
attorney bearing date December I3 1871, filed in
the Court OF Queens Bench, with deteasance to
pay E4,742 rs. I'd. we had previously obtained a
mortgage from his ordshp for 3,O36 and an agree
ment to assign the money that was paid into the
Court OF Queens Bench, amounting to about f3 500
That agreement was rendered by me to Lord Hun
tugtower upon his pledge to return the to me
in quarter OF an hour. His lordship did not re-
turn that agreement, but am almost sure tore his
name from 1t. AT all events we could not obtain
possession OF that agreement, and on the interces
sion OF Mr. Moss Davis, who was in the same house.
we consented to take an agreement to assign one
third of the money in court, Mr.. Moss Davis taking
two-thlrds OF such funds upon fresh grant drawn
by MIR Alexander. | took no other deed except
the deed signed by Mr.. Moss Davis in pursuance of
the agreement made
Have You not obtained from his lordship as many
three other warrants of attorney? do not think
for moment that we have. | cannot recollect any
other. Ii we had they were included in the last
warrant OF attorney alluded to, attested by Mr.
Bowen, which includes all we clam for against his
lordship.
Mr. Mas then pursued a course of examination to
show the foundation of this warrant of attorney,
| which he commended was obtained from the bank
rupt when under the influence Of fear of arrest on
the charge OF obtaining money under false pre-
fences, which he asserted Messrs Angel and Cooper
proposed to prefer against him in consequences of
alleged false representations regarding his proper
es on which they say they made their advances to
HIM. II was at the residence of the Countess
Dysart that this warrant OF attorney signed by
| his lordshlp, who, though not advised to do it, but
| to take the consequences of any supposed delln-
quency, so alarmed at the idea of being taken
before magistrate on such charge, that he re-
| fused to take the advice of his solicitor
Mt o IF Iuvty
raised whether the Court had the power to examine
a witness on such question the creation of his
warrant OF attorney when he did not appear
creditor to prove against the bankrupt proper;y.
The Court took time TO consider the doubt raised
and therefore further proceedings for the present
(sittngs at Ns Prus before Lord Abnger and Special
Jury)
| SMITH v. BOND.
This was an action to recover certain penalties
under the 10th OF 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
1t within three months after their loss but in the
event OF their failing to do so, any common lnfor-
mer 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 vas committed, the penalties being the sum
| lost and three times its amount.
| Mr. Theslger. Mr.. Kelly, and Mr.. Lush were for
| the plaintiff Mr. Piat, Mr.. Richards, Mr.. Clark
| son, and MIR. Butt conducted the defence.
| Mr.. LUSH opened the peadings and stated that
the declaration 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
| MIR. THEsIGER addressed the Jury 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 in
| traction OF IL bV the defendant
| Mr. BENJAMIN THOMPSON examined by Nh ReIy
i know the defendant, Mr. Joseph Bond was
IN MS employment IN the month of June last he
kept house in ST. Jamess street, known as the
Junior St James's Club" There was much play
at French hazard there; twas carried on in a room
on the second floor, where there was a table for
play; the defendant occasionally superintendent
In his absence did the play was carried on mostly
| by counters representing several sums of money
there was bank, over which groom porter presi-
ded 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 of Starke
who assisted he is the defendants (Mr. Bonds)
nephew; the game of French hazard is played with
a dice and box. Being asked to explain how the
| game was played he said IT. for instance, a
| player calls main Of seven, and throws five, ne
continues to throw until he either throws seven or
hive, IT he throws the former first the bank draws
In the money and if the latter the caster or throw
er ; but II he throws crabs he throws out. Uaugh
ter)
Lord ABINGER-Pray what are crabs
/
deuce, ace, or aces, and then the bank wins. re-
collect Mr.. Breddell coming to the club on he
I'd of June, 1871. He played at French hazard and
| lost H. in cash. and his draft FOR 2Ol He gave me
| the draft on slip of paper | waited on him the
following morning, and he gave me regular print
ed check on his bankers, the amount of which re-
| ceived and paid over to Mr.. Bond, the defendant
On the 1lth Of June, 1871, recollect Captain Court
| nay comi'g to the house, and losing 1907 in cash,
| and on the 18th he came again and lost the same
amount in cash, and also his draft on the London
and Westminster Bank for 2O0i, which handed
over to the defendant, and the 18th of the same
month he returned again, and on that occasion he
lost l7W in cash, and bis check for $780,, which
| were handed over to Mr.. Bond. On the 2gth of
June Mr. Fitzrov Stanhope came, and lost b. in cash
| and so draft Herrles IL Co bankers, 81
James street. but do not know whether it was paid
or not On the 10Th OF August subsequent recol-
ect Mr.. Bredde coming again and losing POOL, for
| which ! received his check, which was paid the
| subsequent morning. On the 25h of August the
Marquis of Conynsham came and lost 500 for which
| paid On the 9th Lord Cantupe lost 1901 , cash
2ON and bill Tor 2OO., which he held of the defen-
dant, Bond, On the 10Th General Churchill lost 5@,
for which he gave draft on his agents. Messrs
Cox and Greenwood, which was paid On the Sd
| of December the Marquis OF Conyngham again vi
sited the house and LOST 50N, tor which he gave his
| bill.
Cross-enanined-I live at Chelsea on nv own
means. know not who the plaintiff is. have not
the slightest Interest in the present enquiry. know
saperson of the name of Fearon. never applied to
\
| some differences. sued him ! never ia the pre-
sence of Mr. Massey Stanley asked person of the
| name of Smith to make false dice. The money
| which Captain Courtney lost he paid in Bank of En-
| gland notes. | never was charged with not paying
over to the defendant the amount Of dinner bill
which Captain Duff paid. | did pay over to the
| defendant in the coffee room, along with 81. which
Captain Duff had lost at hazard
CHARLES ANDREW BREDDELL. Esq, of Eaton
square, Pimlco, corroborated the last witness and
produced the two checks for f2OO, which he had
lost at the defendants house.
Captain CoURrNAy next called, and stated
that he had only visited the house four times, and
lost several hundred pounds, bu: had no precise
collection OF losing the particular sum of E1OO, as
stated in the declaration
A clerk from Gov and Creenwoods Droved the |