The Express.
London, England, 1865-05-24 00:00:00

THE CASE OP THE ALHAMBRA AGAIN.

At the Marlborough-street police-court, yester-
day, Mr. Roberts applied to Mr. Tyrwbitt for a ammo's'
against the proprietor of the Alhambra, for allowing stage
dancing and theatrical repreemmtations, the pleas of public
resort not being licensed for such performances. The magis-
trate would recollect that the ebibmate judgment given by
him, after hearing evidence on both sides. bed been reversed
on appeal to the magistrate' at the Middlesex Sessions. This
revered, he would venture to assert, had mused general
✓orpriae, and wee opposed to the opinion of the majority of
the legal profession. Had the magistrate done at the rinse
what he was solicited to do, imposed such • fine as would
have obliged the defendant to take the case to the judges,
the present application would not have been necessary, fur
such a decision would bare bee. given an would have set the
question at rest, and been mestactory to the country at
large. He thought that the megistmte, in justice to himeelf,
his decision baring been overridden by the magistrates, ought
to grant a sew summons.
Mr. Tyrwhitt said be would take • little time to consider
the application. He must pay respect sad proms deference
to the opinion of the court, which was regarded as superior
to a police court. He presumed that Mr. Roberts made this
application on fresh evidence.
Mr. Roberta said the evidence was precisely similar to the
evidence brought forward on the original charge. The
same ballet and the same •0011•1106118 would be put in evi-
dence.
Mr. Tyrwhitt said, that same having been decided, be
could not think of granting another summons to try it over
m
Mai
Mx. Roberts said, although the case and evidence would
be similar, the offence would be • fresh one, the ballet hav-
ing been played continuously.
Mr. Tyrwhitt—That, of course, would make • difference.
He wond say that his opinion remained the mane an it wan
when be gave hie judgment.
Mr. Roberts mid the magistrate's opinion was the opinion
Of all real lawyers.
Mr. Tyrwhitt mid he could not show such • watt of
courtesy to the Middlesex magistrates as to decide cm the
application at once.
Mr. Roberts said • case was applied for bat refused by
the Middlesex magistrates, who indeed cams to that decision
before they entered the court. The real question wan not
tried at the sessions ; the magistrates only took into consi-
deration that they had been in the habit of greeting !Menses
under the 25th Geo. IL, and whether the ballet dancing
exceeded that kind of dancing intended to be covered by
snob license. They held that it did not, but they did not
thereby decide the legal question, which wan whether the
25th Geo. IL gave the power to magistrates to grant dancing
licenses. When the magiabrates granted the lemma to Mr.
R. T. Smith they said the Alhambra must not be made a
casino ; they would only grant the license for stage dancing.
That, he contended. was beyond the authority of the
magistrates, and was the real question to be determined.
Mr. Tyrwhitt said the question wee no doubt • very
important one. He would take • few days to decide upon
the application for another semasoes.