, 1873-09-14
OH Gblfapu Uribn,@e,
Sunday Morning, Beptomber II. 1873.
HUGH MAHER'e GAMBLING DEBTS.

HUGH MAHER'e GAMBLING DEBTS.
Tho action brought by Hugh hlaler, Esq,
against the Hon. G. D. Farwoll, to recover title
to oiglty acros Of lantl. which lo a!logos "an
given to said Farwoll to Booure gambling debt,
bids fair to tako its plnco among tho causes
cclebrcs Of tho prosent day. Alr. Alahor alleges,
In substance, TINT no hud lost $1,700 at play
with Farsoll, ton or twelve years ago; that, be-
ing unable to pay tho money, ho gage htH noto
to Farwoll for tho amount; that being unable to
pa7 tho noto at maturity. ho offered to gtyo
him decd Of this land, to DO hold BY Farwor
until he should pay tho note, with interest. Mr.
Mahor affirms, further, TINT he has offered to
pay tho noto with interest, mud all taxes, aaaoss-
nlonts, aud costs, in return for rcconvoyanco
OF tho land, and that on ono occasion ho and
Fa, we'll camo within 81 600 Of roaclling an agroo-
me.,t for such roconvoyauco. He thon shows that
Mr. Farwell subsequently conveyed GO acres Of
tho land to the heirs of George Truaac, deceased,
and 20 acres to hfr. Alexander White. TruBBell
kept gu1nbling-houso here Homo years ago.
Tho bill filed by Alahor alleges TINT Mr. Mc1an-
dor Whito claims no interest in tho 1and con-
veycd to him. Tho land Ia situated near tho
Village of Riverside and ia worth nearly or quito
$1,000 per aero.
At fret blush, 1t would aeom that Mr. Mahor
was seeking to avoid payment Of his gambling
debts by taking advantage of tho statute which
1nnkes all contracts and conveyanceB based upon
losscs at cards void. Tho law Of Illinois ia very
explicit upon this point. It says:
SEQ. 1-A promiaes, notes, bills, bonds, covenants
contracts, agreements, Judgments, mortgages, or other
securities or convoyanccs made, given, granted,
drawn, cntGFed into, executed by my person or
persons whatsoever where the whole or any pnrt Of
tho consideration thereof snail DO for money, property
other valuable thing won by any gaming, or playing
at cards, dice, or my other gamo or games +. . :.
III al 10 void aud Of no of1oct,
Sec. 4 Of tho Same act declares null and void
py assignment Of note, conveyance, otc..
laycn for gambling dobt, and givos tho party
making such noto, conveyance, etc., tho same
remedy against tho assignee as against the orig
inal holder.
Dut Mr. Maher claimB TINT ho il ready and de-
sirous to pay lis debts Of honor to Farwei prin-
cipal and interest, and only wnntB his land back,
which Is not surprising, seeing that 1t ia now
worth 100000 to ss0,o0o willie his losses at
cards in this particular instance amounted to
only s1,700 He rosta his claim Oh tho
principle Of law that a decd given to
secure debt, and not intended to bo salo Of
the property, must bc construed as mortgage
~, 10 ,r1,o 10 exnv n.,d
nil partios to whom the facts arc or might bo
known. Mr. Maher contends that TruBaell mud
the other parties who have Binco received titlo
to tho land were knowing to these essential
facts. It docs not appear, however, that Maher
waivoa lis right to recover tho land undor tho
gaming statute, II ho fails to recover other
wisc.
It appears, from the papers filed, that H1r. Far
we'll gave only quit-clam deed to the Truaaell
heirs aud Mr. Alexander White, for nominal con-
sideration. Therefore, whichever WY tho suit may
bo decided, it cannot affect him pecuniariiy If tho
Trussell heirs havo my claims upon him, in gat-
isfaction Of which tho land was given, they were
probably Of tho same illegal character Us thoHe
which ho had against Maher, aud not cnforcoa-
bio at law. Therefore, our Cougreaamau'a in.
terost in the is only to his reputation, and
is Of Importance to tho public only because hc
is Congressman. Wo shall forbear to comment
upon tho matter until Ills reply to hIr. Mahor'e
bill ia flied. He may deny that lo eyor played
with Maher or over won anything from him
II, however, tho facts arc substantially as statot
by Malor, 1t will bo vastly bottor for him to owr
up. With tho example Of tho Crodit-hlobiliel
chaps boforo him, ho must perceive that 1t ia fal
better to tell tho plain truth at once than tt
deny 1t at first, and hayc it dragged out Of hin
afterwards.
Mr.. h1aher makes ono further allegation, viz.
that tho money was won from him by II fraudu
1ont contriyancea and deviccs." Tint Is to ray
it WAS not only Won at cards, but by cheating q
cards. Tho Inv docs not know any auph Grim,
as cheatiug ut cards. Tho act Of gambling In
cludea all the losser contriyaaees and tegice
known to tho knights of tho groen cloth. btr
Atnhor perhaps introduced this allegation int
his bill to vindicato himself as m adept al,
champion Of tho "squaro game"
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THE HOSPITAL QUESTION.
Tho erection OF new and commodioua Count,
Hospital caunot 10 delayed much longer, an'
n,r1t mt tn he dnfavef1 any fnnrnr No nuhlf