The process is in the form of a petition and complaint against Brodie,
Smith, and Ainslie. It states that, on a certain night in January last,
he, Hamilton, accidentally met with these persons in the house of Clark,
vintner, at the head of the Fleshmarket Close; that when he joined them
there playing at dice, that, suspecting no fraud or deceit, he had
joined in the amusement, and, in a short space, lost six guineas, and
some odd shillings; that, being surprised how this could happen, he
seized on the dice, and had them examined, and discovered that they were
loaded or false dice, filled at one end or corner with lead; and he
concludes with praying for a warrant to apprehend and incarcerate the
said persons, until they should repeat the sum of which he had been so
defrauded, and pay a sum over and above, in name of damages and
expenses.
Answers were given in for Mr. Brodie to this complaint, and separate
answers for Smith and Ainslie.
They stated, in general, that, on the evening mentioned in the petition,
they were innocently amusing themselves with a game at dice over a glass
of punch, and that the petitioner intruded himself upon their company;
that, if false dice were used on that occasion, it was unknown to the
defenders, as the dice they played with belonged to the house; that, if
the petitioner had lost the sum he alleged, it had not been gained by
the defenders, as Smith and Ainslie had said, that, so far from gaining
any thing that evening, they had lost, and Brodie said he had only
gained 7s. 6d.; that the prisoner himself was a noted adept in the
science of gambling; and it was not very credible that he would have
allowed himself to be imposed upon in the manner he had alleged.
The replies for Hamilton to these answers are a curious production.
After stating the nature of the complaint, and the defences that had
been made to it for Brodie, Smith, and Ainslie, they say, “A wonderful
story indeed! Smith and Ainslie, two noted sharpers at the business, in
their answers, assert they were losers, and innocent Mr Brodie avers he
was only a gainer in this paltry trifle of 7s. 6d.; and yet the
petitioner finds himself out of pocket near as many guineas as that
gentleman says he received of shillings. Certain, however, it is, that
in their company, by undue means, he lost five guinea notes, two half
guineas in gold, and six shillings in silver, before he suspected the
fraud.”
“Neither Dr Katterfelto, nor Breslaw, were present to transmute it.
Unless, therefore, some of their learned pupils had not been very near
him he would have been in possession of his money at this moment. Mr
Brodie knows nothing about, and is entirely ignorant of such devices and
always considered all dice to be alike. It is, says he in his answers,
the petitioner who ‘is such an adept in the science, as to be alone
capable of using such instruments and of explaining the nature of them.’
Public-domain text, read in full here on John Shaqi.
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