But of all the judicial decisions on record, none was delivered with
more comical effect than Lord Loughborough's decision not to hear a
cause brought on a wager about a point in the game of 'Hazard.' A
constant frequenter of Brookes's and White's, Lord Loughborough was well
known by men of fashion to be fairly versed in the mysteries of
gambling, though no evidence has ever been found in support of the
charge that he was an habitual dicer. That he ever lost much by play is
improbable; but the scandal-mongers of Westminster had some plausible
reasons for laughing at the virtuous indignation of the spotless
Alexander Wedderburn, who, whilst sitting at _Nisi Prius_, exclaimed,
"Do not swear the jury in this case, but let it be struck out of the
paper. I will not try it. The administration of justice is insulted by
the proposal that I should try it. To my astonishment I find that the
action is brought on a wager as to the mode of playing an illegal,
disreputable, and mischievous game called 'Hazard;' whether, allowing
seven to be the main, and eleven to be a nick to seven, there are more
ways than six of nicking seven on the dice? Courts of justice are
constituted to try rights and redress injuries, not to solve the
problems of the gamesters. The gentlemen of the jury and I may have
heard of 'Hazard' as a mode of dicing by which sharpers live, and young
men of family and fortune are ruined; but what do any of us know of
'seven being the main,' or 'eleven being the nick to seven?' Do we come
here to be instructed in this lore, and are the unusual crowds (drawn
hither, I suppose, by the novelty of the expected entertainment) to take
a lesson with us in these unholy mysteries, which they are to practice
in the evening in the low gaming-houses in St. James Street, pithily
called by a name which should inspire a salutary terror of entering
them? Again, I say, let the cause be struck out of the paper. Move the
court, if you please, that it may be restored, and if my brethren think
that I do wrong in the course that I now take, I hope that one of them
will officiate for me here, and save me from the degradation of trying
'whether there be more than six ways of nicking seven on the dice,
allowing seven to be the main and eleven to be a nick to seven'--a
question, after all, admitting of no doubt, and capable of mathematical
demonstration."
With equal fervor Lord Kenyon inveighed against the pernicious usage of
gambling, urging that the hells of St. James's should, be indicted as
common nuisances. The 'legal monk,' as Lord Carlisle stigmatized him for
his violent denunciations of an amusement countenanced by women of the
highest fashion, even went so far as to exclaim--"If any such
prosecutions are fairly brought before me, and the guilty parties are
convicted, whatever may be their rank or station in the country, though
they may be the first ladies in the land, they shall certainly exhibit
themselves in the pillory."
Public-domain text, read in full here on John Shaqi.
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