The Express.
London, England, 1867-04-29 00:00:00

THE EXPRESS, MONDAY EVENING, APRIL 29, 1867.

*parting intelligence.

NEWMARKET NOTES AND CR.:-,TER
CALCULATIONS.

helm also areepted eb.tt tho tatkr for a place. Tt e doing
prices were ea to

CHESTER COUP,

3.5 to 70 a-nt Tiastingiii;•turer. 4 yr .13 t 2lb (t)
to 1 Lonl Stouf,rd's Arcb:meles, 6 bra, 74 bib (I
and off)
10 10 1 w
and Weeke's MtasHavelock, 4 yrs, est 10Ib (t
olf)
100 00 4 Lord Westmorland's Rama, 4 ym, 21,) (off,
t 1000.07,
1(0 to 7 Lord St. Vincent's Lucifer, 4 yrs, 74 4'h
IWO to 40 —. Lord Coventry's The Boerne, .6 yrs, let 121 b (0
and w)
1 ' ).1 to 1ir..0. ileothcote's hemming, 4 ylls ist 11
alto 1 Lord Stasofunis Leap Year. 3yrt. bst7lb 3dr o
1000 to 30 Mr. Y. Elliott's Leases, 3 yrs, WtNlb 3,
40 to 1 Mr. IL E. Denbo?' Tormentor. 4 yrs, eat lib ~0)
Vssb to 10 Mr. A 11eathrote's Skirmish, S yrs. 7st Mb (of)
o to 10 Any of John Day's lot, bur Lecturer (on)
to 40 Lecturer 1,2, 3 t)
60 to 40 Ott Lecturer 1, t, 3 with a run ,t)
DERBY.
7to 2 scat Duke of Fkimfort's Tauten (oft)

7 to Mr. Prpor's The Take 'off)
to 1 Count F. de Lasaange's Dragon 3 and w)
10 to 1 Mr. Chaplin's Hermit ;1)
40 to 1 Mr. Mrrq's Marksman it)
1000 to 4.5 Lonl Exeter's Grand Cross )t)
400 to 100 Maria nn= 1, 2. S
sto 1 John. 1. 3 log)

too to IS Plaudit
All Mr. W. G. Heauett's horses were 'List...lied for their
(heater engagements on Saturday, Aprd 2T.
BETTING IN LONDON.--SAITRDAY.
Notwlthstandhig the clubs were thronged, the actual specula-
tion of the day .lid not amount to much. For the Cheater Cup
Lecturer retained the honoursof first favouritism, but apparently
on the most slender grounds, as 9 to 2 was taken to a small
amount only, and backers hung bank terribly. For some time
10 to I bar one was uttered. and it was difficult to toll which was
~cowl favourite : but the friends of Miss Havelock, by backing
her pretty freely at 12 to 1 and 11 to 1, advanced her to the
pLux of preen's°, liosnwhile Archimedes came In for a
large share of support, and this In the face of counter
operations In favour of his stable companion Leap Year,
the closing transaction about the gelding being 100 to 9
accepted several times. Neither Rama nor Lucifer was In any
sort of reqinit, the offers of 100 to S against each meeting with
no respoooo. The feature of the day was the introduction of
Leap Year, one speculator conspicuously awarding the dehutant
support 1.000 toJO. 30 to 1, 1,000 to 35, and 1,000 to 40, (swing
the prices successively taken. Tormentor, lieeswing, and Leases
were several)tr offered against, without bringing forward sup-
porters. Dal was backed foe " • pony" at 50 to I, but he after-
wards decline. to as much as 100 to 1. Beyond the Rake being
lacked for the Derby at 4to 1, nothing else was done, and the
following were the closingtmotations of a by no mesas active day :

1.110 intellfgenct.

11E1193POL1TAM 0011.9 TY COURTS.
intim dope appointed for the meant week.)
Wasrmisern, St. Martin'elann—Tuesday, April 90; Wednes-
day, May 1 , Thursday, h.
MteoIISBUKT, Portland-reed.—Weduesday, May 1; Thursday
2: Friday, 3.
Whltobead•r-grove.—Monday, April ; Tues.
dsturverenn —Yr!dav Ma

Cummrxwcu, Dunein-terrace.—Wednesday, May 1 ; ihnrr
day. ^ : Friday, 3.

iiM;XEM2,OI,-Cld.atreeteread.—Tuesday, April 30; ThuMAL
May 2.
Bow. Bow-mad.—Friday, May 3.
IV If ITEM PEL, Great Prescobstreet.—Teraday, April 30 ; Wed-
nesday, May I : Thursday, 3 ; Friday, 3.
LAMIIFTII, Camberwell New-road—Tuesday, April ; Wed.
De 44111%, May I : Thursday, 2.
1.00.0 Maim's Cora; uulldhall.—Monday, April Taw
day, 30.

COURT OF PROBATE AND DIVORCE.
APRIL 27.
(Before the Judge Ordinary.)

BNITH AND SMITH V. TEBBITT AND OTHER.4.--INPORTANT CANN

In opening this case Sir Roundell Palmer observed that
though the testatrix possessed this large property and
though she had manifested a disposition to befriend
strangers in blood, her family had never once thought of
challenging her capacity during her lifetime. If they con-
ceived that she was insane they might have taken out a
commission de lunatic* inquirendo mid so hate prevented
her from dealing with her estate. But they had abstained
from any such course, and had contented themselves with
accepting settlements, presents, allowances— what-
ever they could get from her. That alone
was the strongest possible evidence of her perfect
capacity, and he did not suppose that any serious
attempt would be made on general grounds to impugn her
mental condition. But, so far as the plaintiffs could
ascertain, the case that would be set up was one of
religious delusions. Now there was no doubt that Mrs.
Thwaites was an enthusiast, a person of rather a mysti-
cal turn, and one that thought she had, in a more than
ordinary degree, close relations with the unseen world.
No doubt it hadbeen held that where a single insane delu-
sion of a permanent character existed, the mind being one
and indivisible, there was general insanity, but no term
required to be more discriminatingly used than this of
"delusion." Unquestionably there were things which
in common parlance might properly be called delusions,
but to which it would ho impossible to justify the applica-
tion of the term insane, or which could be said in any
degree to disqualify a person from making a will or per-
forming any other act of business. Otherwise, ho sup-
posed that half the heroes of theological history would be
held to be incompetent. Nothing more extravagant, as
he understood, could possibly be proved in the conversa-
tions of the testatrix than could be found in the writings
of John Bunyan, or Martin Luther, to say nothing of St.
Anthony, and almost all the saints of the Roman catholic
church. He did not like to mention Jobanrui
Southoott ; yet she had had a great number
of followers. If she was mad, no doubt they
were equally so • but a legacy left by one of them to
Cropagate her doctrines had been held by the Court of
hancery to be a good charitable bequest. The Master of
the Rolls said that, though Johanna Southcott wax "a
foolish ignorant woman," there was nothing in her teach-
ing really contrary to religion. There was, however, an-
other celebrated person who was net a foolish, ignorant
woman, and who was also represented in this country by a
society established for the espies, purpose of disseminating
his works. He was a great philosopher and • conside-
rable statesman in hie own land—he referred, of course, to
Emmanuel Swedenborg, who for the last 27 years of hie
life had put forth statements respecting the unseen
world that would no doubt be considered as aberrant from
common sense as anything that could be attributed to the
testatrix. The fact was that her husband bad been
a deist, and after his death she had expe-
rienced a strong reaction in favour of Revelation.
Looking at the remarkable, and as she deemed wonderful
manner in which she haul been taken from a humble
position in life, and placed in the uncontrolled possession
of so large a fortune, she thought that she was in a manner
set apart to perform a great work for the Almighty on
earth. Though she did not go to church, she was very
charitable and devout in her habits. She was an
enthusiastic believer, not only in the millennium, but in its
near approach. That, however,vrasno proof of insanity. There
was • noted writer, Dr. Cumming, who advertised every
new decennium that the end of the world might be ex-
at some time before its close ; and he (Sir R.
rattler), had heard this kind of prediction spoken of from
the pulpit as a thing that no one could say would not
come to pass. On the whole, he thought they would get
into sad trouble with the religious world if they held that
such an idea was an insane delusion. Again, it would
probably be urged that in the event of her expectation
being fulfilled, Mrs. Thwaites had announced her inten-
tion (after the example of certain holy women of old) to
receive the Messiah into her own habitation, and to minis-
ter to Him of her substance. But there was a story of
very much the same character which he (Sir R. Palmer)
had heard repeated in the House of Commons, and in the
presence of the person of whom it was told. Yet no one
had ever pretended that the hon, gentleman in question
(the late Mr. Henry Drummond) was not perfectly compe-
tent to manage his own affairs and to make his will. No
doubt the deceased had spoken in strong terms of her
nearness to the spiritual intelligences ; but considering
the language in which religious writers and Holy Scrip-
titre itself spoke of the union subsisting between the un-
seen world and the saints on earth, and making due allow-
ance both for the possible misapprehension of those who
reported her sayings, and perhaps also for a certain extra-
vagance in her mode of expressing herself, it could
not be said that she had ever let fall any-
thing that ought to be considered as an insane
delusion. Moreover, it would be shown, that u she
drew near to the end et her life a marked change had
come over her character. Her conversation had grown
more and more sober in its tone ; and even if she had ever
talked nonsense on the eulsqct of religion, it would be
found that she had complete left off doing so before the
execution of the will. He (Sir R. Palmer) had therefore •
confident expectation that nothing would appear in evi-
dence which ought to cause the court any difficulty in
granting probate of the deceased's will.
A great deal of evidence was given in support of this
opening. Several witnesses swore that Mrs. Thwaites was
a person not only of perfect capacity, but of un-
usual shrewdness ; and it appeared that the bulk
of the instructions which @he bad given her
attorney for her various wills were holograph,
and in her own handwriting. It was also stated that she
was fond of whist, and played an exceedingly fair game.
In his cross-examination Mr. Samuel Smith stated that the
reason why she had ouarrelled with Mrs. Tebbitt was
because the latter had refused her offer to procure an
Indian cadetship for one of her sons. She told witness
that she had had disagreements with her sister before, but
after this instance of ingratitude she would have no more
to do with her. Her house in Hyde-park-gardens was
splendidly fitted up ; but she never told witness that she
expected to be confined there of the Messiah. Had never
heard of such • thing till that moment. She never told
witness that the judgment of the world wouldie place
in her drawing-room ; but witness had since heard a re-
port to that effect. She said she did not expect to
die, except by some accident or epidemic. She used to say
that when she was about to do anything particular she
consulted her Great Father about it. She stated that she
did so when she laid her head upon her pillow, and that He
would say to her, "My dear, do it." Never heard of ber
buying baby linen. She explained that by the Mllennium
@he meant the second coming of Christ, but the last time
, she spoke of it to witness was five years ago. Of late
years she had spoken of her death in exactly the same way
as any other good Christian might have done. Witness
had failed on the Stock Exchange, and she invited him to
come and live at Channandean. She allowed him 4001. a
year, and his position was that of a kind of overseer of the
house. He might, in fact, have been called her male com-
panion. Nothing could possibly have been more moral
than her life. She had been entirely self-educated, and
she was very proud of some proficiency which she had
attained in Latin.
The case was adjourned.

DRAMATIC PRAFORIIANCES IN MUSIC HALLS.

At the Middlesex Sessions on Sattirday, Mr.
Frederick Strange, the managing iiii.etur of the Alham-
bra Palace, appealed against a conviction of Mr. R. P. Tyr-
whitt, dated January 22nd, 1867, on a summons which
averred that he did ' unlawfully keep a certain house or
other place of public resort in t;rcat Ltitain— to wit, the
Alhambra Palace, Leicester-square, for the public per-
formance of stage plan without authority by virtue
of letters patent from her Majesty or her predecemors, or
license from the Lord Chamberlain of her Majesty's house-
hold, or her Majesty's justices of the peace for the said
county, within which the said house or place is situate
(the same house or place not being a booth or show ex-
cepted from the statute), as in the Act of the Houses of
Parliament, 6th and 7th years of her Majesty, cap. 68, for
regulating theatres, contrary to the statute in that case
made and provided."
Mr. Harding Oiffard said he appeared in support of the
conviction, which was made under the tith and 7th Viet.,
which regulated theatrical representations, and it pre-
scribed certain licenses which should be granted for the
performance of stage plays ; and the interpretation clause
of that act defined what should be considered a tragedy,
comedy, farce, burlesque, pantomime, or a part thereof.
He should call the attention of the court to what be con-
sidered to be a pantomime, or • part of a pantomime,
which, if his interpretation were correct, bad been per-
formed at the Alhambra without any license for such per-
formance. The learned counsel then proceeded to glance
at the principal incidents contained in the piece com-
plained of, and said when he proved all these facts he
should ask the court to confirm the conviction.

Mr. George Frederick Leicester, an actor, said he wit-
named the performance of the piece entitled Wkere's tAe
Police! which sag supported by the regular pantomimic
characters, who went through the usual Wiliam. There
were tricks and changes.
Mr. Serjeant Brilaniine addressed the court on behalf
of the appellant, and contended that no stage play could
exist without a consecutive plot, and without it could not
come within the statute, which being a penal one, those
who promoted this prosecution were bound to prove the
whole of their case. The act of the 22nd of George IL,
under which these performances took place, licensed
places for " iuusic, dancing, and public entertainments of
a like kind." Therefore it was quite clear that the legis-
lature never intended to confine them to merely music or
dancing, without trenching upon what was understood as
• theatrical performance. He contended that this ease
was identical with that which had been decided in that
court, and one of the best judges who had ever sat in West-
minster-hall had upheld their opinion by saying that they
werethe proper persons to determine this question. Then it
was only a part of a pantomime, and he was sure his learned
friend would not say that a speech taken out of a play or a
part of a ballet taken from a theatre constituted a stage
play. Having alluded to the incidents of the ballet which
were mentioned at the hearing of the former case, the
learned serjeant said, if he was right in his view that dis-
jointed incidents could not be considered • stage play,
then he was entitled to the judgment of the bench in his
favour. After some other observations, the learned
serjeant mid that this was a question of law and not of
sympathy ; that the other side had failed to make out
their case, and that the conviction must be reversed.

The magistrates retired to consider their decision. On
their return . . .

The Asairiant-Judge said, consider' the importance
of this question, and how much these places contributed
to the entertainment of the public, as the subject had
already been examined by a parliamentary committee, it
would be desirable if there was some enactment upon it :
but the court had to give its opinion upon the question
raised, and deal with it as a matter of fact, independent of
any other considerations. The court had been pressed
much by a former decision, and it would be unpleasant to
reverse its decision ; but there was a great distinction be-
tween this and the former case, and, taking all the facts
of the case into consideration, and what had even been
admitted by the learned counsel for the appellant, the
court was unanimously of opinion that this representatien
was part of a pantomime, and that the conviction must be
affirmed.

Serjeant Ballantine asked the court to
the enforcement of the penalties for three months,
the inquiry by parliament, for if an act were passed
no doubt there would be a clause inserted to deal with
pending penalties.
The Amistant•Judge said they had nothing to do with
that. He would make no order as to costs.