England -- Social life and customs; Gambling -- Great Britain
And so things went on for ten years longer, until the scandal was too
grievous to be borne, and a Select Committee sat in Parliament, in
1844, on the subject of gaming. This was principally brought about
by the revelations in the case of _Smith_ v. _Bond_, which was tried
before Lord Abinger and a special jury at the Middlesex Sittings after
Michaelmas Term, 1842. It was a common gaming-house case brought
under the statute of Anne (9th, c. 14), which was enacted to repress
excessive gaming.
The parish of St George’s, Hanover Square, swarmed with hells, and the
efforts of the parish officers had hitherto been unable to put them
down. The play at such houses was notoriously unfair, and the keepers
had thriven in proportion to the number and wealth of the victims they
had been able to fleece. It was therefore resolved to bring an action
under this statute, which not only prohibits excessive gaming, but
enables the loser of above £10 at a sitting, to recover treble the
amount of his losses; or, if he does not choose to take this course
himself, any informer is enabled to sue for and obtain the penalty, one
half of which is to benefit the poor of the parish in which the offence
was committed, and the other half is to go to the person bringing the
action.
In the case tried before Lord Abinger, the gaming-house went by the
name of the Minor St James’s Club-house; but there was not the least
pretence for calling it a club; anybody went there to play with hardly
the formality of a first introduction. The keepers did a thriving
trade, at French Hazard chiefly, and it was proved by the plaintiff,
who had been one of the coterie who kept the table, that Mr Bredell had
lost £200, Mr Fitzroy Stanhope £50, the Marquis of Conyngham £500 on
each of two separate occasions, Lord Cantalupe £400, and other noblemen
and gentlemen various sums.
An ingenious plea was put in by counsel on behalf of Bond, the keeper
of the so-called club, that the sums in question were paid by cheques,
and as a cheque is not held to be a payment in law until cashed, and
as the banks at which the cheques were payable were not in the parish
of St George’s, Hanover Square, the offence was not completed in that
parish, and the plaintiff could not recover. The Chief Baron overruled
the objection, and under his direction the jury returned a verdict
for the plaintiff for £3508, being treble the amount actually proved
to have been lost, thus teaching a very useful lesson to the keepers
of gaming-houses generally. Had Lords Conyngham and Cantalupe and Mr
Stanhope come forward as witnesses, and certified to their losses on
the two occasions mentioned, additional penalties would have accrued to
the amount of £5820.
Public-domain text, read in full here on John Shaqi.
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