Star. — London, England, 1826-10-26 00:00:00

LAW REPORT. COURT OF KING'S BENCH, Oct. 28. attain NOTRS.—SNOW AND OTHERS V. LATHAM AND STHRRS. Mr. SGARLETT said the plaintiffs were respectable Bankers, residing its the Strand. The defendants are also Bankers, living in Doncaster. This action was brought to recover the value of certain bank notes, which found their way into the defendants' hands. Some time in September 1824., Snow and Co. in the course of busi ness, made a list of the several securities they had received during the day. On the morning of the 9th of September, 1824, the Clerk, whose duty it was to collect the money from the banking houses on the east side of Temple Bar, was entrusted with sundry warrants, &c. to receive money to the amount of 30001. The name of this clerk was Smith, and he should prove that Smith, on the day in question, did receive the mhele amount of these orders in bank notes, and amongst these notes was one for 2001. one for 1001. and one for 501. On Smith's return with the money, he got into a crowd near Temple Bar, and lost the money. The loss was immediately advertised in the different Newspapers; amongst the rest, in one called 'I he Hue and Cry, a Journal which was cir culated in every part of the kingdom. The plain tiffs also published hand-bills, offering a reward for the discovery of the notes, specifying their different numbers, &c. Many of these bills were sent round to the different Banking-houses, and amongst the rest to the B inking-house of the defendants, at Doncaster.— The reason for the plaintiffs sending to this firm was obvious ; they knew that the Doncaster Races were at hand ; they knew that these Races attracted numbers of the best and worst of mankind, and afforded opportu nity for sharpers to pass money or bills, dishonourably come by. The plaintiffs sent Taunton, an active and vigilant police officer, who, on his arrival at Doncaster, went to the two banks, and delivered the number of the bills already alluded to. Now he should prove that the defendants had been sufficiently apprised of the robbery ; he should also prove, that the notes were received by them, and not only received but kept by them, for the space of a whole year, and then were sent to two different Banking.houses. A Gentleman had received one of the identical notes from a house in Lincolnshire, which, coming to the knowledge of the plaintiffs, they brought an action against the Gentleman for the recovery of it, in the Common Pieas, and ob tained a verdict. If a person omits proper caution, then is he liable to make restitution to the injured party.— He should prove that the defendants had changed these notes, without making a single inquiry respecting them. After having received such ample notice of the rob bery, ought they not to have cautioned their clerks against discounting bills for perfect strangers, without putting a single question? The defendants had kept the notes for a whole year. This alone was a presumptive proof that they suspected them, for it was seldom that notes of this kind were kept for a longer period than a week. They were eventually issued by them, and the plaintiffs had traced them back to their hands. The defendants say, that at the time the notes were received, the shop was so thronged that it was impossible for them to make inquiries. It unfortunately happened that one of the notes had not been dated, or, if dated, the plaintiffs had no account of it ; they had, however, the number of that note, and that was the best clue to detection. The Learned Counsel concluded by saying, that he believed there never was a stronger case than this. John Goodridge received a 1001. note, produced. from the bank of the defendants. Cross-examined—Witness was at the Doncasterßaces. Be received the note from the bank, after the races were over. The races begin about two. When witness went into the bask, there was a great number of people in it. His name was not on the note. A clerk of Curtis and Co. proved having received the 1001. note from the last witness. Mr. Nayler received a SOL note at the defendants banking house at Doncaster, in October; 1825—wit ness paid it to a Mr. Jackson. Another witness proved having received a Bank note for 2001. at defendants' house at Doncaster. He saw on that occasion two of the partners and their clerks. Taunton delivered a number of bills at the defendants' banking house a few days after the robbery. Several other witnesses were called to prove that the notes In question had been traced to the defendants. Mr. Soucrrea Gausaar. then addressed the Jury for the de. fendants. and called Mr. Jones, sen. clerk to the defendants; the house is in the daily habit of receiving notes to the amount of 2001. each ; are not accustomed to make inquiries from the persons who present them, if they are respectable,' Cross-examined by Mr. SCARLETT—I remember re ceiving a notice of the robbery in 1824, and also a letter from the plaintiffs; we laid the notice on the table, and took what precautions we could. I believe it is usual to keep notes to a large amount for a considerable time without issuing them. Mr. Barnack—l am a cashier in the banking house of defendants; I do not remember to have received this 2001. note. Several other witnesses were examined. After the Learned Counsel for the plaintiff had replied, The Lea. CMS/ JUSTICE summed up, and the Jury found a verdict for tie plaintiffs—damages 350/. The Loom Cuter Justice observed, that it was a very proper verdict, and trusted that it would make people more careful when they took notes. On the above cause being called on, only two Special Jurymen appeared, Mr. Alley and Mr. Dornford.— The question being put to the Counsel whether he prayed tales, his Lordship asked for the new Act of Parliament for regulating Juries. Mr. DornfGrd, in apologizing for the absence of the Special Jury, stated, that it was generally understood, at the breaking up of the Court yesterday, that the cause, Is The King v. Clarke," was to be the first taken this morning; and that the Jurors in the present cause, not being summoned till late last night, was the reason' Gentlemen were not present.— His Lordship gave some written iostructions to the Secondary upon the subject, but what they were we did nut learn. MIDDLESEX SESSIONS, Octeaza 25. George Lovdock was indicted for assaulting Ann Osborne. Mr. E. Qum having .opened the case to the Jury, called witnesses from whose testimony the facts appeared to le these:—The daughter of the prosecutrix, whose I. usband is a dustman, having been lately married, her family were celebrating the wedding on the evening in question, when .a mob assembled outside the door, and treated them to what is technically called “ rough music"—namely, a concert on marrow-bones and cleav ers, tee. The prosecutrix not choosing that they should have their trouble for nothing, raised the window, and in return for their melody, treated them to the contents of a cert.in utensil. She then went to the door to in quire how they relished their fare, and promised to en tertain them with a little more of it, it they continued to entertain her with their harmony ; upon which the defendant, forgetful o f Mr. Curran's observation. that "coming uninvited, he could only expect pot-luck," thought proper to resent what he deemed a scurvy re ception, and testified his indignation by flinging a tin kettle (one of the concert instrments) at the hostess.— For this assault she now indicted him. Mr. BARRY, for the defendant, called evidence to prove that be was not the person who had made so un worthy a return for the favour conferred upon him by the prosecutrix ; and the Jury having some doubt on' that point, returned a verdict of Not Guilt .y. Henry William Lambert was indicted for assaulting Thomas Shepherd, night constable of St. James's parish, while in the execution of his duty. The prosecutor stated that Mr. Lambert came to the watch-house, and offered to give charge of a woman for following and grossly abusing him in the street. The prosecutor de clined to receive the charge, and desired the defendant to go away. The latter refused to do so, upon which the prosecutor said he would detain him as a prisoner, for not obeying him ; and for that purpose be gently laid his hand upon him, when the defendant resisted being taken into custody, and struck him in the face and eyes. He succeeded in detaining him, however, until next day, when upon going before the Magistrate, the defendant was held to bail for the assault, and the prosecutor fined 81. for having refused to receive the charge against the woman. Mr. Quin, for the defendant, animadverted upon the prosecutor's gross perversion of the petty authority with which he was invested ; and strongly reprobated the conduct of the parish in bringing forward this prosecu tion for the purpose of screening the prosecutor from the consequences of an action which the defendant had commenced against him for false imprisonment, and which action they had invited him to discontinue, upon condition of their dropping this prosecution. The Learned Counsel then produced evidenee, from which it appeared, that upon the defendant telling the night constable that he would complain to the Magistrate of his misconduct in not receiving the charge, the latter replied, that he would not be bullied by him," and immediately seized the defendant by the collar with one hand, a bile with the other he struck him on the jaw. He then confined Mr. Lambert in the black hole, and refusing to take bail for him, detained him there all night.—The Jury returned a verdict of Not Guilty. The Surrey and London Sessions were held yesterday, but the business at the latter only presented a petty assault case between two rival frisseurs, of Bears'•grease notoriety ; and that of the latter, the conviction of a hardened female pilferer in the Borough, named Norsk Corbett, who was sentenced to lie transported. ADMIRALTY SESSIONS, OCTOBER 25. Santud Levy stood indicted for the wilful murder of Thomas Tate, on board the Kent, on the 23d of Sep tember, 1825, in the South Sear. Richard Christopher examined—l was armourer on board the Kent; the prisoner was a mariner; I knew Thomas Tate, who was also a mariner: on the 19th of September, 1825, I saw Tate in the forecastle cutting tobacco, the prisoner was facing him eating his dinner; they were About three feet asunder ; I heard a few words pass; they appeared to me to imply anger; the pri. I soner got up and went towards Thomas Tate, and struck him over the face; Tate then rose, and I saw blood flow from his right side ; the deceased tried to speak, but could not ; I saw the prisoner have the knife with which he was eating his dinner in his hand ; the pri soner put his hand round the waist of the deceased, and called out u For GoD's sake go for the Doctor ;" the deceased died about half an hour after; I never beard him speak after be was struck. By the COURT.-4 was not looking all the time ; I did not see any blows given previous to the one in question, but blows might pass unknown to me. The dispute arose from a ladle, which was used for taking soup out of the kid; the prisoner took the ladle before all the people were served, so that they could not get any. I said, My noble Chap, that a'nt jolly—which implied that it was not fair. The prisoner said, lam ne Chap. Joseph Ray examined—l was carpenter on board the Kent ; I was in the forecastle on the day in question ; saw Tate and the prisoner there, and beard some words between them. Tate said it was very low language; the prisoner said, if he did not hold his tongue, he would not take it. During all this controversy, I did not set Tate doing any thing. The prisoner held his knife in his hand, and said, that if the deceased did not hold his tongue, he would strike him with his knife, and gave him a shove, which drove his head against the bench. I saw 'fate strike the prisoner with his knife about the waist, who warded it off. Prisoner said, if you are for a knife, my boy, here is a knife too; deceased had a knife in his band ; as soon as he said this, he put his knife into the right side of the deceased ; this was done very quickly. I did not hear Tate speak after that. Samuel Kershaw/ examined.—l was cooper on board the Kent ; on the day in question there were words be tween the prisoner and the deceased ; I saw the prisoner get up and strike Tate with his fist, who fell over on the bench ; Tate defended himself with his knife, and the prisoner said, el if you are for knifing, I shall knife it too;" he then struck him with his knife, and immediately sung out for the D ictor. Thomas Gray, a police officer, produced two knives, whisk the Surgeon of the ship Kent gave him. Richard Christopher being recalled, identified them, and the Jury, without hesitation, returned a verdict of ifensiaughis;. Edward Kenny, a Lieutenant in the 89th Regiment of Foot, stood indicted for the manslaughter of Robert Charlton, Surgeon to the ship Bussorah, by a leaden ball, fired out of a pistol, on board that vessel, on the 23d of April last, on that part of his Majesty's high seas, which borders on the Cape of Good Hope. Mr. Hortaca Twists stated the case for the prosecu tion. Having detailed the circumstances of the case, as would appear in the evidence of the witnesses, he observed that there was not even the shadow of a sus picion that Mr. Kenny had been actuated by any de grte of malice, but, on the contrary, he was, up to the moment of the melancholy event, in habits of intimate friendship with the deceased, .and bad subsequently displayed the most poignant sorrow for the distressing, occurrence. The following witnesses were examined. Wm. Madge—l am a Lieutenant of the 45th Regi ment; was on board the ship Bussorah on the date of the occurrence in question; the ship set out from Madras for England in February ; the deceased was her surgeon ; the day in qaestion being the King's birth day, 1, with several others, indulged in festivity in Mr. Kenny's cabin; I wai going away about ten o'clock in the evening. when the deceased said, you must not go away; you have drank nothing; you don't like claret, and I will fetch you a bottle ut Madeira ; and having said so he went out, and after a few minutes also went our, and met him returning with a bot tle; I went to bed, and in about an hour after I was roused therefrom, and on coming on deck I saw the deceased weltering in his blood ; I heard Mr. Kenny say, My Gon, my Goo 1 throw me over board, or do What 'you please with me;" he appeared in very great agony ;' this was about twelve o'clock. Cross-examined—Mr: Kenny had on that evening presented the deceased with a silk handkerchief as a token of friendship. Mr. Charles Oakes—l was the .officer .on watch that night; Dr. Charlton had been put on salt,beef, and dis possessed of his own cabin by the Captain. About 12 o'clock I saw Mr. Charlton and Mr. Kenny on the poop, and having observed a flash coming from Mr. Kenny'e+ pistol, I went down to inform the Captain they were fighting; on our return we did not find them on the poop, but we heard the report of a pistol, and on going towards it, saw the deceased weltering in his blood, and I heard Mr. Kenny say, " My GOD, 1 have shOt the best friend I had in the world. and all for a woman r Cross-examined—The deceased was put on salt beef by the Cap tain, in consequence of some difference. Mr. Kenny took him from benevolence into his cabin. This was the case for the prosecution. Mr. Kenny beifig called on for his defence, read a statement, in which he feelingly implored the merciful ' consideration of the Jury, explained the rise, progress, and termination of his fatal misunderstanding, and at tributed the whole to the unusual circumstance of his being intoxicated. His manner of delivering this state ment was very impressive, and had a coriesponding effect on every person in Court, several of whom, and among them Mr. Justice PARE, were deeply affected. The following witnesses were then examined as to character : Major-General Sewel—Has known the prisoner eight years; was intimately acquainted with him for two years in India; never knew a man who discharged the duties of an officer with more propriety ; he was bene volent, patient, and generous, so as to gain the esteem of all who knew him: he was in consequence of his good temper, appointed Adjutant to the regiment, where he had to deal with a great number of uneducated men; he there gave the utmost satisfaction. Colonel Wilde has known Lieutenant Kenny for seven years; never knew a man so kind or so humane. Several other military Officers gave evidence to the same effect. • Mr. Baron Gwattow,in addressing the Jury, observed, that during his experience he had never heard so good a character given in a Court of Justice to any man as had been now given to Mr. Kenny. His Lordship con-, cluded by observing, that unless the Jury believed that the deceased had provoked Mr. Kenny by a personal assault, the offence in point of law amounted to man slaughter. The Jury returned a verdict of Guilty, but recommeaded an infliction of the lowest punishment. Lord STOWaLL addressed the prisoner, and said, that after the high character that had been given to him, it was not likely that he would be again guilty of such a crime. The sentence of the Court, therefore, was, that he should pay the sum of 101. to the King,and be discharged, CINQUE PORTS ADMIRALTY COURT. - SHIP ELIZA AND JANE, REFORR THE WORSHIPFUL JOHN . SHIPDam, SURROGATE. This was a case instituted by the Deal and Rams gate Boatmen, chiming salvage for a considerable number of boxes of tin plates, and a quantity of iron in bars, part of the cargo of the said vessel, lately wrecked on the Goodwin Sands. The case was de• cided as it stood on the Salvors affidavits ) to which there was no contradiction on the part of the owners ; and the Surrogate in pronouncing judgment, stated that he considered it a case wherein very meritorious ser vices had been performed by the salvors, who appeared to have incurred considerable personal danger, from the state of the weather, and the situation in which the vessel lay, swaddled in the sands, and surrounded by deep water ; and to have exerted great labour and per severance in salving the cargo: under these circum stances he'cleemed them fairly entitled to a very liberal remuneration, and having caused the charges, which were unavoidably very great, to be dissected, and ap portioned to the respective properties, he decreed 4891. to the Deal boatmen, and 2111. to the Ramsgate boat men, being one half of the nett preceeds, and decreed restitution of the salved property to the owners, on payment of salvage and charges. DETONATING LETTERS. PROS THZ MERCURY, OCT. 25. Thursday, Mr. Staveley, a respectable surveyor in this town, received a letter, which was charged double postage, from Manchester. From circumstances lit tendant on its arrival, he was happily induced to exa mine it previously to breaking the seal, and observing something like a piece of tape close to the wax, he was led to suspect that it was detonating powder; and the idea was strengthened from having read a few days ago of the deplorable accident at the General Post Office, in London. He used the precaution of cutting it open, and found the interior a blank. The letter was sent to Mr. Guilford, chemist, and the detonating powder ex ploded.with a loud report. It is seriously to be hoped thit the author of this proposed mischief will be disco. vered. It may not proceed from a malignant motive ; but, on the other hand, it is a dangerous joke, and might produce very bad consequences. PROM T,HL MANORESTICR MERCURY, OCTOUR 24. Thursday last,;Mr. Staveley, a respectable surveyor at Nottingham, received a letter, with the Manchester post mark on it, which being sealed with a blank seal, and not in the hand-writing of any of his correspon dents ; and finding that it had an enclosure that ap• peared like a piece of tape, or pattern of Manchester' goodb, fortunately suspected it to be detonating powder ; which proved on inspection to be the case. Mr. Stave ley, without delay, addressed Mr. Whitelock, our post master, on the subject, and enclosed him alas simile of the direction of the letter. Mr. Whitelock with little hopes, however, of being able to discover the person who had been guilty of the wanton and abominable trick, directed the clerks in the post-office to pay particular attention to such letters as came into the office and appeared at all suspicious. In consequence of which, a letter yesterday morning, sealed with a blank seal, and directed to a young Lady at Hulme, which had an enclosure, resembling in appear ance that described by Mr. Staveley, and the direction of which appeared to be in the same hand-writing. as the one received by that Gentleman. Mr. Whitelock very properly sent the letter by a spe cial messenger to the young Lady ; and on the suspicion as to its contents being stated, one of her brothers men tioned a young man wham he thought likely to be the writer, and who he had reason to believe had a few days ago sent a similar one to Nottingham. This statement was made without any knowledge of the communication Mr. Whitelock had received from Nottingham; but the name of the suspected person, who is a native of Nottingham, and apprentice with a ehemist and drug gist in this town, having been mentioned, Mr.White lock immediately called on his employer, who at once declared the hand-writing to be that of his apprentice. The youth was not at the time within, but we under stand Mr."Stalreiey will be [urtiished with bis name by the neat post. DUMFRIES. Ocr. 24. A serious affray occurred at Newtonstewart on Friday last, the 20th inst. Robert M'Clurg, heckler there, had been in the practice, for some time past, of using his wife badly, in consequence of which Mrs. M'Clurg swore the peace against him. Mr. John Stewart, writer in Newtonstewart, who also acts as a messenger at arms, proceeded on Friday to the house of M'Clurg, at the head of a body of constables, in order to make him prisoner; and as he was in the act of apprehending him, *Cling siezed upon him, and with a hook which he I had concealed behind his back, violently struck Mr. S. on the back part of the head. The weapon penetrated to the bone, and, had it been two or three inches lower, .would in all likelihood have severed the head from the body.; M'Clurg immediately aimed another blow, which would, without doubt, have been fail, had not Mr. Stewart at that moment shot him in the groin, from which, it is feared, he will not recover. This affray has caused great consternation in Newtonstewart, particu larly as so few disturbances take place in that peaceable little town. Mr. Stewart's conduct on the occasion was very heroic. He at present deeply laments the danger which M'Clorg is in, and forgives him for the injury he has sustained at his hands. EXECUTION OF M'MANUS. This unfortunate youth, who was convicted and con demned at our September Circuit, for assaulting and robbing Mr. Snail, on the high road leading to Lock erby, closed his earthly career on Wednesday last. At twelve o'clock a considerable number of persons avere seen standing on both sides of the gaol ; but they behaved very peaceably; pity for the fa'e of a fellow creature, who could nut be much above 20 years of age, appeared to pervade every mind ; though we were sorry to see so many decently-dressed females present, and could not help regretting that curiosity should have triumphed over their better feelings. The '.Wagistrates assembled in the Provost's house, and entered the gaol at or about 'two o'clock. The Rev, Mr. Lee, and two other Catholics were at this time engaged with the prisoner, whose re spouses were uttered in so firm a voice,that they were dis tinctly heard by those who stood near the window of his cell. At half-past two, the Rev. Dr. Scot ascended the scaffold, accompanied by the Magistrates and some other Gentlemen, and after a portion of the 27th Para phrase had been read and sung, he prayed for the space of ten minutes, with so much fervency of manner and spirit, as must have moved and affected all who heard him. Public devotion was concluded by singing a single verse of the 23d Psalm; alter which the Rev. Gentleman immediately retired, apparently quite over come by his feelings. At this moment M'Manus was brought up, closely followed by his spiritual adviser, who had been unceasing in his efforts to guide him aright ; and without pausing or looking round, both ascended the fatal platform. His feelings at this time ap. pear to have been wound up to the highest pitch; he was anxious, if we may so express it, to die, and ran rather than walked across the .Court-yard. The prisoner's face was a little flushed, and his frame, at times, slightly convulsed; but his step was firm notwithstanding, and altogether he displayed a high degree of fortitude.—. Though his arms were pinioned, the continued motions of his head and hands indicated what was passing within. Everything being ready, the cap and rope were finally adjusted, the signal given, the prop which supports the drop withdrawn, and the prisoner was launched into eternity. Almost simultaneously, the Rev. Mr. Lee dropped on his knees, in which position he remained for five or 6 minutes, his hands uplifted and his eyes closed: - To all appearance, *Manus' sufferings were long and severe. Being of a slender make, no dislocation of the neck took place ; the noose shifted as the drop fell, and rested on the lower part of his head; the rope in this way was imperfectly tightened, and before strangulation bad done its work, his frame was very violently con vulsed for the space of six or seven minutes. After hang ing the usual period, his body was cut down and given to his relations; and by four o'clock in the afternoon Buccleuch-street was nearly as clear of people as it had been at the same hour in the morning. M'Manus left behind him three letters, one of which briefly expresses his thanks to the jailor and his wife, and the Cotinsel and Agent who conducted his case; a second is addressed to Margaret Rock. We have seen the original, and copy it verbatim, with the exception of a few slips in spelling. Dumfries Jail, October 1 4, 1826. MY MLR MAILOAILIT-4, with downcast eyes, and sore heart, lift up my pen, according to your request, as you desire to have a few lines in remembrance of me ; in memory I hope you will not me bear; but lot me fall from your mind, as I fall dead to this wretched world, never more to be seen by the eyes of mortal man. I die an ignominious death, by disobeying the laws of my country, or rather for disobeying the laws of Autumn , Goo, whom I have sq often provoked to anger by rebellious and heinous depredations, which makes me weep and mournfully cry under the chains ef re. pentanes • but I hope the Lotto of Heaven and Earth wi ll be ex tended w ick mercy towards my poor soul. There is no hope upon eartb,no mercy for me; but my confidence Is on hlgh,wbere I hope my dear Margaret that your hopes will be perfected. 0 ! I hope that you will refrain from evil, and See to what is lawful and right in the sight of GOD. Be obedient to your poor mother; disobedience to parents is the thing I lament sore. The sentence pronounced on an. dutiful children is a shoat and sinful life, accompanied with untimely death. 0 ! unhappy nun, that ever I was born to die on a tree but I hope this is the handywork of my CAZATOI4 who has the dispensing of his people as be thinks proper. I can say little more on this subject; but I hope that the Leas will direct your mind to the ways of righteousness. I send these few lines with my dying love to you, and may the GOD of all peace be with you, and ending my lines, I remain, dear Margaret, your once, but now no more loving, and breaking-hearted. dying, To bisques Itock. JAMES IiPMAN US. SPORTING INTELLIGENCE. Gaaa'a Utazaraitues.—Captain Farmer started at nine o'clock on Tuesday morning, to go on foot from Hyde Park-corner to the 08th mile stone, Dear Reading, Berke, and return (76 miles) in 19 Miss. The match was made nearly a month ago, at a sporting. house at the West end of the town, for 100 sovereigns. The betting was about 5t04 on time. The pedestrian reached Longford (16 miles), where be refreshed. He neat reached Maidenhead (90 miles), and rested nearly an hour, and ate a mutton chop. He went out of his road at Hare-hatch, and laid down at a friend's house near Wargrave for an hour. He reached half the distance fresh and well in nine hours, and returned to Wargrave, Where he again re. imbed, and started to do the 53 miles back to London, allowing himself 8 bouts to perform it in. He reached Longford, and on ar riving at Hounslow be bad nearly three hours left. He arrived at the Park.gate in ten minutes under the given time, and won bis match cleverly. A friend of the pedestrian accompanied the umpire in the chaise with the necessary refreshments. Yesterday morning Mr. - Falreeld, a Gentleman of fortune, un the task of walking seven miles within the hour, for a bet sovereigns. He won in grand style in one minute 96 seconds under the time. A Gentleman named Bland, at the conclusion of the match, offered to trot his hackney the seven miles in 28 minutes, which he accomplished half a minute within the half hour. The last match was for 20 sovereigns. Yesterday, the Bishop of LONDON, accompanied by 'Jogai Coors, Esq. Dr. Amt., and a large party of the neighbouring Clergy (after a public examination of the National Schools), ♦isited the Whitechapel Infant School, and, with his u.nal condescension, paid a minute attention to the process by winch this, in common with all similar establishments, was conducted.