The Gaming Table: Its Votaries and Victims Volume 1 Part 28

(148) Public Ledger, Dec. 3, 1778.

In every country where lotteries were in operation numbers were ruined at the close of each drawing, and of these not a few sought an oblivion of their folly ill self-murder--by the rope, the razor, or the river.

A more than usual number of adventurers were said to have been ruined in the lottery of 1788, owing to the several prizes continuing long in the wheel (which gave occasion to much gambling), and also to the desperate state of certain branches of trade, caused by numerous and important bankruptcies. The suicides increased in proportion. Among them one person made herself remarkable by a thoughtful provision to prevent disappointment. A woman, who had sc.r.a.ped everything together to put into the lottery, and who found herself ruined at its close, fixed a rope to a beam of sufficient strength; but lest there should be any accidental failure in the beam or rope, she placed a large tub of water underneath, that she might drop into it; and near her also were two razors on a table ready to be used, if hanging or drowning should prove ineffectual.

A writer of the time gives the following account of the excitement that prevailed during the drawing of the lottery:--'Indeed, whoever wishes to know what are the "blessings" of a lottery, should often visit Guildhall during the time of its drawing,--when he will see thousands of workmen, servants, clerks, apprentices, pa.s.sing and repa.s.sing, with looks full of suspense and anxiety, and who are stealing at least from their master's time, if they have not many of them also robbed him of his property, in order to enable them to become adventurers. In the next place, at the end of the drawing, let our observer direct his steps to the shops of the p.a.w.nbrokers, and view, as he may, the stock, furniture, and clothes of many hundred poor families, servants, and others, who have been ruined by the lottery. If he wish for further satisfaction, let him attend at the next Old Bailey Sessions, and hear the death-warrant of many a luckless gambler in lotteries, who has been guilty of subsequent theft and forgery; or if he seek more proof, let him attend to the numerous and horrid scenes of self-murder, which are known to accompany the closing of the wheels of fortune each year:(149) and then let him determine on "the wisdom and policy" of lotteries in a commercial city.'

(149) A case is mentioned of two servants who, having lost their all in lotteries, robbed their master; and in order to prevent being seized and hanged in public, murdered themselves in private.

The capital prizes were so large that they excited the eagerness of hope; but the sum secured by the government was small when compared with the infinite mischief it occasioned. On opening the budget of 1788, the minister observed in the House of Commons, 'that the bargain he had this year for the lottery was so very good for the public, that it would produce a gain of L270,000, from which he would deduct L12,000 for the expenses of drawing, &c., and then there would remain a net produce of L258,000.' This result, therefore, was deemed extraordinary; but what was that to the extraordinary mischief done to the community by the authorization of excessive gambling!

Some curious facts are on record relating to the lotteries.

Until the year 1800 the drawing of the lottery (which usually consisted of 60,000 tickets for England alone) occupied forty-two days in succession; it was, therefore, about forty-two to one against any particular number being drawn the first day; if it remained in the wheel, it was forty-one to one against its being drawn on the second, &;c.; the adventurer, therefore, who could for eight-pence insure the return of a guinea, if a given number came up the first day, would naturally be led, if he failed, to a small increase of the deposit according to the decrease of the chance against him, until his number was drawn, or the person who took the insurance money would take it no longer.

In the inquiry respecting the mendicity of London, in 1815, Mr Wakefield declared his opinion that the lottery was a cause of mendicity; and related an instance--the case of an industrious man who applied to the Committee of Spitalfields Soup Society for relief; and when, on being asked his profession, said he was a '_Translator_'--which, when _TRANSLATED_, signifies, it seems, the art of converting old boots and shoes into wearable ones; 'but the lottery is about to draw, and,' says he, 'I have no sale for boots or shoes during the time that the lottery draws'--the money of his customers being spent in the purchase of tickets, or the payment of 'insurances.' The 'translator' may have been mistaken as to the cause of his trade falling off; but there can be no doubt that the system of the lottery-drawing was a very infatuating mode of gambling, as the pa.s.sion was kept alive from day to day; and though, perhaps, it did not create mendicity, yet it mainly contributed, with the gin-shops, night-cellars, obscure gambling houses, and places of amus.e.m.e.nt, to fill the _p.a.w.nBROKERS_' shops, and diminish the profits of the worthy 'translator of old shoes.'(150)

(150) This term is still in use. I recently asked one of the craft if he called himself a translator. 'Yes, sir, not of languages, but old boots and shoes,' was the reply.

This reasoning, however, is very uncertain.

The sixteenth of a lottery ticket, which is the smallest share that can be purchased, has not for many years been sold under thirty s.h.i.+llings, a sum much too large for a person who buys old shoes 'translated,' and even for the 'translator' himself, to advance; we may therefore safely conclude that the purchase of tickets is not the mode of gambling by which Crispin's customers are brought to distress.

A great number of foreign lotteries still exist in vigorous operation.

Some are supported by the state, and others are only authorized; most of them are flouris.h.i.+ng. In Germany, especially, lotteries are abundant; immense properties are disposed of by this method. The 'bank' gains, of course, enormously; and, also of course, a great deal of trickery and swindling, or something like it, is perpetrated.

Foreign lottery tickets are now and then illegally offered in England. A few years ago there appeared an advertis.e.m.e.nt in the papers, offering a considerable income for the payment of one or two pounds. Upon inquiry it was found to be the agency of a foreign lottery! These tempting offers of advertising speculators are a cruel addition to the miseries of misfortune.

The Hamburg lottery seems to afford the most favourable representation of the system--as such--because in it all the money raised by the sale of tickets is redistributed in the drawing of the lots, with the exception of 10 per cent. deducted in expenses and otherwise; but nothing can compensate for the pernicious effects of the spirit of gambling which is fostered by lotteries, however fairly conducted. They are an unmitigated evil.

In the United States lotteries were established by Congress in 1776, but, save in the Southern States, heavy penalties are now imposed on persons attempting to establish them.

I need scarcely say that lotteries, whether foreign or British, are utterly forbidden by law, excepting those of Art Unions. The operations of these a.s.sociations were indeed suspended in 1811; but in the following year an act indemnified those who embarked in them for losses which they had incurred by the arrest of their proceedings; and since that time they have been _TOLERATED_ under the eye of the law without any express statute being framed for their exemption. It is thought, however, that they tend to keep up the spirit of gambling, and therefore ought not to be allowed even on the specious plea of favouring 'art.'

_PRIVATE_ lotteries are now illegal at Common Law in Great Britain and Ireland; and penalties are also incurred by the advertisers of _FOREIGN_ lotteries. Some years ago it became common in Scotland to dispose of merchandise by means of lotteries; but this is specially condemned in the statute 42 Geo. III. c. 119. An evasion of the law has been attempted by affixing a prize to every ticket, so as to make the transaction resemble a legal sale; but this has been punished as a fraud, even where it could be proved that the prize equalled in value the price of the ticket. The decision rested upon the plea that in such a transaction there was no definite sale of a specific article. Even the lotteries; for Twelfth Cakes, &c., are illegal, and render their conductors liable to the penalties of the law. Decisive action has been taken on this law, and the usual Christmas lotteries have been this year (1870) rigorously prohibited throughout the country. It is impossible to doubt the soundness of the policy that strives to check the spirit of gambling among the people; but still there may be some truth in the following remarks which appeared on the subject, in a leading journal:--

'We hear that the police have received directions to caution the promoters of lotteries for the distribution of game, wine, spirits, and other articles of this description, that these schemes are illegal, and that the offenders will be prosecuted. These attempts to enforce rigidly the provisions of the 10 and 11 William III., c. 17, 42 George III., c. 119, and to check the spirit of speculation which pervades so many cla.s.ses in this country may possibly be successful, but as a mere question of morality there can be no doubt that Derby lotteries, and, in fact, all speculations on the turf or Stock Exchange, are open to quite as much animadversion as the Christmas lotteries for a little pig or an aged goose, which it appears are to be suppressed in future. Is it not also questionable policy to enforce every law merely because it is a law, unless its breach is productive of serious evil to the community?

If every old Act of Parliament is rummaged out and brought to bear upon us, we fear we shall find ourselves in rather an uncomfortable position.

We cannot say whether or not the harm produced by these humble lotteries is sufficient to render their forcible suppression a matter of necessity. They certainly do produce an amount of indigestion which of itself must be no small penalty to pay for those whose misfortune it is to win the luxuries raffled for, but we never yet heard of any one being ruined by raffling for a pig or goose; and if our Government is going to be paternal and look after our pocket-money, we hope it will also be maternal and take some little interest in our health. The sanitary laws require putting into operation quite as much as the laws against public-house lotteries and skittles.'

No 'extenuating circ.u.mstances,' however, can be admitted respecting the notorious racing lotteries, in spite of the small figure of the tickets; nay this rather aggravates the danger, being a temptation to the thoughtless mult.i.tude. One of these lotteries, called the Deptford Spec., was not long ago suppressed by the strong arm of the law; but others still exist under different names. In one of these the law is thought to be evaded by the sale of a number of photographs; in another, a chance of winning on a horse is secured by the purchase of certain numbers of a newspaper struggling into existence; but the following is, perhaps, the drollest phase of the evasion as yet attempted:

'Here is wisdom. Let him that hath understanding _count the number of the beast_.'--Rev., chap. xiii.

'NICKOLAS REX.--"LUCKY" BANQUETS.

'HIS SATANIC MAJESTY purposes holding a series of Banquets, Levees, and DRAWING ROOMS at Pandemonium during the ensuing autumn, to each of which about 10,000 of his faithful disciples will be invited. H. S. M. will, at those drawing-rooms and receptions, _NUMBER_ a lot of beasts, and distribute a series of REWARDS, varying in value from L100 to 10_s_. of her Britannic Majesty's money.

'Tickets One s.h.i.+lling each, application for which must be made _BY LETTER_ to His S. Majesty's Chamberlain, &c. &c. The LAST _DRAWING-ROOM_ of this season will be held a few days before the Feast of the CROYDON STEEPLECHASES, &c. &c.

CHAPTER XIV. THE LAWS AGAINST GAMING IN VARIOUS COUNTRIES.

1. ANCIENT ROME.

In ancient Rome all games of chance, with the exception of five which had relation to bodily vigour, were absolutely prohibited in public or private. The loser could not be sued for moneys lost, and could recover what he might have paid, such right being secured to his heirs against the heirs of the winner, even after the lapse of 30 years' prescription.

During 50 years after the loss, should the loser or his heirs neglect their action, it was open to any one that chose to prosecute, and chiefly to the munic.i.p.al authorities, the sum recovered to be expended in that case for public purposes. No surety for the payment of money for gambling purposes was bound. The betting on lawful games was restricted to a certain amount, beyond which the loser could recover moneys paid, and could not be sued for the amount. A person in whose house gambling had taken place, if struck or injured, or if robbed on the occasion thereof, was denied redress; but offences of gamblers among themselves were punishable. Blows or injuries might be inflicted on the gambling house keeper at any time and anywhere without being penal as against any person; but theft was not exempted from punishment, unless committed at the time of gambling--and not by a gambler. Children and freedmen could recover their losses as against their parents and patrons.

Cicero, in his second Philippic, speaks of a criminal process (_public.u.m judicium_) then in force against gamblers.

The laws of ancient Rome were, therefore, very stringent on this subject, although, there can be no doubt, without much effect.

2. FRANCE.

At the time of the French Revolution warlike games alone conferred the right of action, restricted, however, in cases of excessive losses; games of strength and skill generally were lawful, but were considered as not giving any right of action; games of mere chance were prohibited, but minors alone were allowed to recover moneys lost.

By the present law of France no judicial action is allowed for gambling debts and wagers, except in the case of such games as depend upon bodily skill and effort, foot, horse, and chariot races, and others of the like nature: the claim may be rejected if the court considers it excessive; but moneys paid can never be recovered unless on the ground of fraud.

The keepers of gaming houses, their managers or agents, are punishable with fine (100 to 6000 francs) and imprisonment (two to six months), and may be deprived of most of their civil rights.

3. PRUSSIA.

By the Prussian Code all games of chance, except when licensed by the state, are prohibited. Gaming debts are not the subjects of action; but moneys paid cannot be sued for by losers. Wagers give a right of action when the stakes consist of cash in the hands of a third person; they are void if the winner had a knowledge of the event, and concealed it.

Moneys lent for gambling or betting purposes, or to pay gambling or betting debts, cannot be sued for. Gaming house keepers and gamblers are punishable with fine; professed gamblers with imprisonment. Occasional cheating at play obliges to compensation; professed swindlers at play are punishable as for theft, and banished afterwards. Moneys won from a drunken man, if to a considerable amount, must be returned, and a fine paid of equal value.

4. AUSTRIA.

In Austria no right of action is given either to the winner or the loser. All games of chance are prohibited except when licensed by the state. Cheating at play is punished with imprisonment, according to the amount of fraudulent gain. Playing at unlawful games, or allowing such to take place in one's house, subjects the party to a heavy fine, or in default, to imprisonment.

5. ITALY.

The provisions of the Sardinian Civil Code are similar to those of the French, giving an action for moneys won at games of strength or skill--when not excessive in amount; but not allowing the recovery of moneys lost, except on the ground of fraud or _MINORITY_, a provision taken from the _OLD_ French law.