The principle to be extracted was that gaming productive of the above

evils ought to be considered unlawful, and he (Sir James) considered

that the game of baccarat was not "a game played for recreation,

whereby a person is fitted for the ordinary duties of life." A great

deal had been said upon the subject of large and excessive gambling,

and the argument had been advanced that games which would be large and

risky and excessive for a man who was in the position of a shop-keeper,

would be nothing, trifles infinitesimal, in the eyes of a man of large

property. Granted that was so, still there might be cases in which the

law could be easily applied, and he thought this was one. Referring

to the rules of the Park Club, which was to consist of noblemen,

members of the learned professions, officers of the Army and Navy, and

gentlemen, Sir James observed that a man at the game in question might

lose, with consistent bad luck, £1000 before dinner, and a considerable

sum in addition afterwards. Would there be any difficulty in saying

that that was large and excessive gambling in the case of members of

the learned professions, clergymen, bishops, great leading counsel

of the day, or even judges with the largest salaries, physicians,

and so forth? Gaming such as had been proved to exist would be large

and excessive for any of those classes of men, and still more so for

officers of the Army and Navy. He had no hesitation in saying, with

reference to the gentlemen composing the Club at Mr. Jenks's house,

that gaming had been large and excessive, and that it came within the

principle of the law laid down by Chief Justice Abbot in the case of

"King _v._ Rosier." But he considered the case did not stop there, and

proceeded to refer at great length to the Act of Queen Anne, limiting

gambling.

In conclusion, the learned Magistrate held that all the parties, with

the exception of Mr. Dalton (secretary), had been guilty of gaming. He

fined Mr. Jenks £500, the members of the committee £500, and each of

the players £100.

Notice of appeal was given.

The appeal was brought on May 26 and 27, and in giving judgment, Sir

Henry Hawkins (afterwards Lord Brampton), after saying that the facts

were undisputed--there was no profit except on the gaming, though from

the admirable printed rules one might well conclude that the Club was

a sociable Club, where a gentleman might dine and have his rubber

at whist, whilst not on any account allowed to gamble. The rules in

question were, however, nightly disregarded, and looking at the nightly

doings, it was impossible for any man in his senses to doubt that the

house was really opened and kept for the purpose of gaming at the game

of baccarat as its main and principal object.

He now had to consider the illegality of the gaming and not merely the

illegality of the game--the common law did not prohibit the playing at

cards and dice, which were not unlawful games, but the keeping of a

common gaming-house was at common law an indictable offence.

Sir Henry Hawkins, after some comments on what constituted a

gaming-house, went on to say that in his judgment it was not necessary

for a gaming-house to be a public nuisance, which the Park Club was

not:--a common gaming-house being itself a nuisance, though the gaming

there was limited to the subscribers and members of the Club. The

keeper of such a house could always admit or exclude whom he chose, and

the committee elected whom they pleased, provided the list of members

did not exceed 500. It might be 5000 and yet still not be a public, but

a common gaming-house.

As to unlawful games--no games had been in so many words declared by

name unlawful, though the Legislature intended to cover some games

which, being lawful in themselves, were only unlawful when played in

particular places or by particular persons. The Act of 1845 enacted

that a house is proved to be a common gaming-house which is kept for

playing any unlawful games and a bank is kept by one or more of the

players, exclusively of the others, or where the chances of any game

played are not alike favourable to all the players.

He divided unlawful games into two classes:

First, those absolutely forbidden by name, to the gaming at which a

penalty is attached. This class included "ace of hearts," "pharaoh or

faro," "basset," and "hazard," and any other game with a die or dice

except backgammon.

Second, a number of games not altogether prohibited under penal

consequences, nor declared to be altogether illegal, but which,

nevertheless, have been declared unlawful by the Legislature, because

the keeping of houses for playing them, and the play in them therein by

anybody, were rendered illegal.

The unlawful games of the Acts of Henry VIII. were "bowls," "quoits,"

"dicing," "tennis," and "carding," most of which would seem to have

been games of mere skill. The Acts in question were all repealed by 8

and 9 Vic.

The present unlawful games, then, were "ace of hearts," "faro,"

"basset," "hazard," "passage," "roulette," and every game of dice

except backgammon, and every game of cards which was not a game of

"mere skill." He was inclined to add any other game of "mere chance."

The question was, did "baccarat" come within this category?--the

description of the game given by Mr. Russell satisfied him that it did.

Baccarat was a game of cards--a game of chance--and though, as in most

other things, experience and judgment might make one player or banker

more successful than another, it would be a perversion of words to say

it was in any sense a game of mere skill. It was, therefore, in his

opinion an unlawful game within the meaning of the statute.

It was said that it was a modern game--assuming it to be so, it was

just what the Legislature intended to include in the phraseology of one

unrepealed section of the law of Henry VIII., which mentioned "any new

unlawful game hereafter to be invented."

With regard to excessive gaming since the repeal of the statutes of

Anne and George II., he did not think excessive gaming at any game

would in itself render the game unlawful, for excessive gaming _per se_

was not any longer a legal offence. Nevertheless, though excessive

gaming was no longer _per se_ unlawful, the fact that it was habitually

carried on in a house kept for the purpose of gaming was a cogent piece

of evidence to be offered to a jury or other tribunal called on to

determine whether a house was a common gaming-house so as to make the

keeper of it liable to be indicted for a nuisance at common law.

Seeing that Mr. Jenks was the occupier and kept the house open for

the purpose of gaming, at, amongst other games, baccarat, an unlawful

game within the meaning of the Statute, he was of opinion that he was

properly convicted.

As to the four members of the committee, the only question was whether

these appellants had the care or management of the house--he thought

they had--they could not but have been cognisant of the rules and of

the true character of the Club. The second rule of the Club placed its

internal management in their hands--he thought there was abundance of

evidence to warrant their conviction.

As to the three players, he found no evidence that they did more than

play at baccarat in the house, by which it might be that they somewhat

enhanced the profits, but they took no part in the management. Adding

to the profits was not a legal offence, as assistance in conducting the

establishment was--the conviction with respect to the three players

ought to be quashed.

Mr. Justice Smith followed, and his summing up entirely coincided with

that of Sir Henry Hawkins. This lucid judgment is of considerable

interest as affecting games played in English Clubs, and did much to

clear up all ambiguity as to how far a Club might allow gambling. It

put an end to all open baccarat, though the game was shortly afterwards

played for a time at "The Field Club," near St. James's Street, an

establishment which much resembled the defunct Park Club in its

diversions, members, and methods, but the police soon interfered, and

with its demise Club gambling at games of chance has become a thing of

the past, except in the low dens of Soho, where faro intermittently

calls for the intervention of the authorities. Police raids upon bogus

Clubs mainly frequented by foreigners of a low class are often reported

in the newspapers.

As regards respectable Clubs, a certain amount of bridge, usually for

very moderate stakes, is indulged in, but gambling for high stakes is

strongly discountenanced. Members inclined to indulge any tendencies

in this direction generally do so elsewhere than in a Club. From time

to time small Clubs in which there is some high play have sprung up

and had a brief existence. When bridge first began to capture London,

a bridge Club was started in the West End where very high stakes were

the rule. It lasted but a short time, owing chiefly to the fact that a

young and not very astute member lost a very large sum, which created

considerable scandal and broke up the Club.

High bridge is now played in London mostly by wealthy people, well

able to take care of themselves. The outcry raised some time ago about

young girls being compelled to join in playing for large stakes is not

based upon any solid foundation of truth, for as a rule high players

are not fond of running the chance of drawing a novice as a partner. A

bad player spoils the game.

Though there is practically no gambling in West-End Clubs, a good deal

of baccarat and poker is occasionally played in private houses, ladies

being not infrequently amongst the players, and here gaming assumes

its most undesirable form. Temper as well as money is generally lost,

whilst the winners are exposed to a by no means remote probability of

never being paid. Private gambling is especially dangerous to young

men, and without doubt a thousand times more harm is done by play of

this sort than by all the properly conducted public tables in the

world.

FOOTNOTES:

[Footnote 5: The love of money compels.]

V

Talleyrand whilst at cards announces the death of the Duc

d'Enghien--"The curse of Scotland"--Wilberforce at faro--Successful

gamblers--The Rev. Caleb Colton--Colonel Panton--Dennis

O'Kelly--Richard Rigby--Anecdotes--Strange incidents at

play--Aged gamesters--A duel with death--General Wade and the

poor officer--Anecdote of a caprice of Fortune--Stock Exchange

speculation--A man who profited by tips.

The history of card-playing is connected with many dramatic incidents.

If the story be true, one of the most striking of these was when

Talleyrand, who had been playing very late at "_la bouillotte_" with

the Duchesse de Luynes, suddenly laid down his cards, and in his cold,

impassive voice asked, "Has the Prince de Condé any other grandchildren

than the Duc d'Enghien?" Receiving an answer in the negative he calmly

said, "Then the house of Condé has come to an end."

At that very moment the ill-fated Duc was being led out to be shot at

the château of Vincennes.

A grim historical interest is also generally supposed to be connected

with the nine of diamonds, which is known as "the curse of Scotland,"

the reason assigned being that the Duke of Cumberland wrote his

sanguinary orders on the back of such a card in 1746. Notwithstanding

this popular tradition, the nine of diamonds had been known as "the

curse of Scotland" as far back as thirty years before Culloden--perhaps

because a somewhat similar design formed the arms of Colonel Packer,

who was on the scaffold when Charles I. was executed. Another reason

given is that there were nine lozenges resembling diamonds in the arms

of the Earl of Stair who made the Union.

Cards have at times attracted the most saintly persons. The first time

the philanthropic Wilberforce was at Brooks's he joined in playing

faro--according to his own account--from mere shyness. A friend of

his, very much surprised, called out to him, "What, Wilberforce, is

that you?" George Selwyn, who was keeping the bank, resented the

interference, and said in his most expressive tones, "Oh, sir, don't

interrupt Mr. Wilberforce, he could not be better employed."

Oddly enough, one of the most remarkable instances of a really

successful gambler was an English clergyman, the Reverend Caleb Colton.

A man of considerable learning, he was originally a fellow of King's

College, Cambridge, and curate of Tiverton. In 1812 he created some

slight stir with two poems entitled "Hypocrisy" and "Napoleon." His

literary reputation was further enhanced in 1818, when the author

had become Vicar of Kew, by the publication of a volume of maxims

called _Lacon: or Many Things in Few Words_. This work, however,

was not absolutely original, being in a great measure founded upon

Lord Bacon's _Essays_, Burdon's _Materials for Thinking_, and the

well-known aphorisms of La Rochefoucauld.

[Illustration: LA BOUILLOTTE.

From a scarce print after Bosio.]

About this time Mr. Colton began to speculate, and, having dabbled

rather recklessly in Spanish bonds, his affairs became involved. This

frightened the reverend gentleman, and, though there appears to have

been no pressing reason for taking such a step, he absconded.

His affairs were subsequently put in order, after which Mr. Colton for

a time betook himself to America, eventually returning to Europe and

settling down in Paris. Here he took up his abode in the Palais Royal,

at that time the head-quarters of dissipation and amusement--surely the

queerest spot ever selected by an English clergyman for his abode.

Colton now began to make an exhaustive study of the intricacies and

mysteries of the gaming-table, every facility for putting theory into

practice being at his very door. Unlike most searchers after infallible

methods of winning, he was completely successful, and in the course

of a year or two won over £25,000 by some method of staking, of which

no reliable record seems to exist. More wonderful still, the Reverend

Caleb kept his winnings, part of which he devoted to the purchase of

pictures. He was a cultivated man, and published an ode, which was

privately circulated, on the death of Lord Byron.

The end of Mr. Colton was a tragic one, for in 1832 he blew out his

brains at the house of a friend living at Fontainebleau. The act in

question was, of course, attributed to the effect of gambling losses. A

thrilling story was told which described how the unfortunate clergyman,

after ruinous losses at Frascati's, had blown his brains out in the

forest of St. Germain, and, as always follows in such cases, an outcry

arose, demanding the suppression of the tables in the Palais Royal

and at Frascati's. Gambling, however, was in no way responsible for

Colton's end, the real cause of his suicide having been a disease

necessitating a painful operation, to which the successful gambler

preferred death.

A very fortunate gamester was Colonel Panton, who in the early part

of the eighteenth century suddenly realised a considerable fortune by

keeping a gaming-house in Piccadilly. Though by nature a confirmed

gambler he then exhibited extraordinary common sense, and, having

invested his winnings in house property and land, entirely abandoned

the card-table and the dice-box. His name is still preserved in Panton

Street, Haymarket.

Another sporting character who amassed a large fortune by gambling

and the Turf was Colonel Dennis O'Kelly,[6] the owner of the famous

race-horse Eclipse.

The rank of Colonel which this Irishman was entitled to assume was

procured by him in a characteristically curious way. In 1760, when

the county of Middlesex was very backward in raising sufficient men

for its militia, a well-known Scotch adventurer, MacGregor by name,

whose family had suffered a good deal for the Stuarts in 1745, seeing

a good opportunity of making some money, set about raising a regiment

in Westminster which the Government promised to recognise as soon

as three-fourths of the commissions should be filled up. He found,

however, difficulty in obtaining officers and had to ransack the town

and hold out commissions to all sorts of people, amongst whom was

O'Kelly, who became an ensign, in due course of time rising to be

Lieutenant-Colonel. O'Kelly, though totally ignorant of discipline, is

said to have presented the most soldierly appearance of any officer in

the regiment. This was not saying much, for the third captain was a

tea-dealer, the fourth a tailor, and the fifth a boatswain's mate who

had bought an ale-house with prize-money and could just sign his name.

The most junior officer was a crippled creature of foreign extraction.

When O'Kelly became a major, he is described as having put his regiment

through certain military evolutions to the entire satisfaction of the

King and his staff, whilst his Lieutenant-Colonelcy was celebrated by a

splendid entertainment which many of the aristocracy of Leicestershire

attended. O'Kelly was sometimes known as Count O'Kelly, a title which

was supposed to have been conferred upon him by his fellow-prisoners

during a sojourn in the "Fleet" when he was a young man. Here he met

Catherine Hayes, who lived as his faithful companion through life.

Though she was never married to him, her position was more or less

recognised, and O'Kelly left her an annuity which she continued to

enjoy till she died, in the second decade of the nineteenth century, at

the age of eighty-five.

Among many racing successes O'Kelly won the Derby twice--in 1781 with

Young Eclipse by Eclipse, and three years later again with Sergeant by

Eclipse out of Aspasia.

His racing colours were scarlet and black cap.

Whilst there is no doubt but that O'Kelly was very lucky in much that

he undertook, his originality and penetration were largely responsible

for a success which, however, never gained him admission into

fashionable circles.

Though a hospitable man of a certain genial humour, O'Kelly was not

very open-handed to dependents. In spite of his affluence he was

even mean enough to keep jockeys of the poorer class out of their

money, season after season, being sometimes even sued by them in

the law courts, and personally dunned on the race-course stands. In

such a place, on one disgraceful occasion, an old sportsman made

the Captain look extremely small by apostrophising him as a mean,

low-lived, waiter-bred skunk. In spite of these failings O'Kelly

achieved a certain popularity by the good dinners and excellent wines

which he provided at his house at Epsom, his dry and truly Irish

facetiousness affording the highest zest to those entertainments. At

his country house he would never allow any betting or gambling. A

constant subject of jest amongst his familiars was the tone in which

at dinner he used to say, "John, bring the aaples," meaning the pines,

and the whimsicality with which he would apostrophise his servant on

certain occasions. The latter having announced the non-arrival of

fish, "Begorra," said his master, "and if you can't get any fish,

bring herrings." O'Kelly was a gentlemanly and even graceful man

in behaviour, a strong contrast to his bear-like figure, dark and

saturnine visage, with the accompaniment of his rough striped coat and

old round hat. A quite peaceable man, though a true-bred Milesian,

O'Kelly never had the smallest appetite for fighting with any weapon

whatever. He was a great contrast in this respect to the bullying

Dick England, with whom he once became involved in a law-suit. He

was ambitious of honour and distinction, a proof of which was his

successful pretension to military rank. In the darling object of his

life, however, capricious fortune left him in the lurch; the Jockey

Club, whose action in this matter was generally approved, steadily

refusing to admit among them a parvenu, not, perhaps, of unequivocal

character. This O'Kelly, so much of a philosopher in other things, did

not possess philosophy enough to forgive, but, in revenge, never failed

to characterise the honourable body which refused to admit him by the

very hardest professional names which his wit and bitterness could

devise.

Very much aggrieved at not being admitted into certain of the Clubs

at Newmarket and in London, which were frequented by aristocratic

sportsmen, he never lost an opportunity of retaliating on those whom he

deemed responsible for his exclusion.

On one occasion, when making an arrangement to retain the services of

a certain jockey, he told him he had no objection to his riding for

any other person provided he had no horse running in the same race;

adding, however, that he would be prepared to double his terms provided

he would enter into an arrangement and bind himself under a penalty

never to ride for any of the black-legged fraternity. The consenting

jockey saying that he did not quite understand who the Captain meant

by the black-legged fraternity, the latter instantly replied with his

usual energy, "Oh, by ---, my dear, and I'll soon make you understand

who I mean by the black-legged fraternity:--there's the Duke of G., the

Duke of D., Lord A., Lord D., Lord G., Lord C., Lord F., the Right Hon.

A.B.C.D., and C.I.F., and all the set of thaves that belong to their

humbug societies and bug-a-boo Clubs, where they can meet and rob one

another without detection."

This curious definition of the black-legged fraternity is a

sufficiently clear demonstration of how severely O'Kelly felt himself

affected by his rejection. He made a point of embracing every

opportunity of saying anything to excite the irascibility of the

sporting aristocracy, whilst shirking no difficulty or expense to

obtain that pre-eminence upon the Turf which he eventually enjoyed.

Dining at the stewards' ordinary at Burford races, in the year 1775,

Lord Robert Spencer in the chair, Lord Abingdon and many other noblemen

being present, matches and sweepstakes as usual, after dinner, were

proposed and entered into for the following year--amongst the rest,

one between Lord A. and Mr. Baily, of Rambridge, in Hampshire, for 300

gs. h. ft., when the Captain was once or twice appealed to by Mr. B.

in adjusting the terms, and Lord A. happened to exclaim that he and

the gentleman on his side the table ran for honour, the Captain and

his friends for profit. The match was at length agreed upon in terms

not conformable to the Captain's opinion, and consequently, when he

was applied to by B. to stand half, he vociferously replied, "No, but

if the match had been made cross and jostle, as I proposed, I would

have not only stood all the money, but have brought a spalpeen from

Newmarket, no higher than a twopenny loaf, that should (by ---!) have

driven his Lordship's horse and jockey into the furzes, and have kept

him there for three weeks."

His support of and attachment to Ascot was strikingly conspicuous.

During the races there he ran a horse each day for years, whilst his

presence and his pocket enlivened the hazard-table at night.

Here it was that, seeing him turning over a quire of bank-notes, a

gentleman asked him what he was in want of, when he replied he was

looking for a little one. The inquirer said he could accommodate him,

and desired to know for what sum. Upon which he answered, a "fifty, or

something of that sort, just to set the caster." At this time it was

supposed he had seven or eight thousand pounds in his hand, but not

a note for less than a hundred. He always threw with great success,

and when he held the box, was seldom known to refuse throwing for any

sum that the company chose to set him; and when "out" was always as

liberal in setting the caster, and preventing a stagnation of trade

at the table. On the other hand, his large capital and good luck not

infrequently captured the last guinea of the bank.

It was O'Kelly's usual custom to carry a great number of bank-notes

in his waistcoat pocket, wisped up together with the greatest

indifference. Playing at a hazard-table at Windsor during the races, as

a standing better (every chair being full), a strange hand was observed

by those on the opposite side of the table, furtively drawing two notes

out of his pocket. The alarm was given, and the hand as instantaneously

withdrawn, the notes being left more than half out of the pocket. The

company were eager for the offender to be taken before a magistrate,

and many attempted to secure him for that purpose, but the Captain

very philosophically seizing the thief by the collar, merely kicked

him downstairs with the exultant exclamation that "'twas a sufficient

punishment to be deprived of the pleasure of keeping company with

jontlemen."

On one occasion, when at Newmarket, O'Kelly offered to bet a

considerable sum with a gentleman who knew nothing about the

redoubtable Irishman. The stranger, half suspecting that the challenge

came from one of the black-legged fraternity, begged to know what

security he would give for so large a sum, if he should lose, and

where his estates lay. "O! Begorra, my dear creature, I have the map

of them about me, and here it is, sure enough," said O'Kelly, pulling

out a pocket-book, and giving unequivocal proofs of his property, by

producing bank-notes far exceeding in value the amount of the wager.

Light Come, Light Go: Gambling—Gamesters—Wagers—The Turf · 第 8 / 27 段