The Express.
London, England, 1860-12-27 00:00:00

late proprietor of the Great Northern Hotel, King's-cross,
end late cook to the Emperor of Russ* begs to return his
sincere thanks for the kind patronage he received at the
last distribution, during the Exhibition of 1/4.51, and which
pve such general satisfaction (vide the public press of the
period), and trouts the nobility and gentry will render him
the mane patronage as on that occasion. L. Dethier having
recherche description, for beautifying this splendid and
most magnificent display of twelfth-cakes, with oonficleace
feels assured that this will meet with general zprobetion.
The Hanover-square Room will be open (free for public
inspection, from Wednesday, December 19, 1 to Janu-
ary 6, 1861. Tickets sent to any part of the United King-
dom on receipt of 13 postage stamps. Post-office orders
made payable to L. Dethier, Old Cavendish-street, Lanka,

Mr. Thomas Martha, lessee of the Hanoverequare Rooms,
deposed to having let the large underground or Queen's tea-
room to defendant for an exhibition of twelfth-cakes from
Dec. 19 to Jan. f), and also a small room for an office from
Oct. 22, for Mi., U. being paid as deposit. Some time after
this agreement witness received an intimation from the
Treasury that the proposed " &sift" was illegal, and hi
informed the defendant of it.

Mr. Metcalfe—You pieced yourself in some peril, Mr.
Martin,

Mr. Henry—But he is not included in the mamma
Witness ally let the room for an exhibition of cakes, and
he did not consider there was anything illegal in doing that.
Sergeant Tanner confirmed the evidence of the inspector
as to the exhibition of placards and sale of tickets at the
Hanover.equare Rooms. He produced some of the placards
and one ticket which he had purchased there.
Mr. Roberts, a clerk in the office of the solicitor to the
Treasury, produced • copy of • letter which bad been
written to Mr. Dethier from that °Moe cautioning him that
the drawing was illegal, and that if persisted in all the
parties would be prosecuted. Also a letter from Mr.
Dethier in reply, requesting the solicitor to point out the
grounds on which he based the assertion that the drawing
was illegal.
Mr. Sleigh—ls there any answer to that I
Witness—No, sir.
Mr. Sleigh—l shall not follow my friend's observations on
the policy of the law in respect to lotteries, as I fully agree
with his observations, but I cannot for the life of me
imagine that the legislature ever intended to interfere with
twelfth.cake distribution. What they did intend to suppress
was that pernicious system of gambling and gaming which
prevailed in this country even in my recollection, and which
still prevails in some countries abroatL If I were toaddrees
you otherwise than as a magistrate and a lawyer I should
appeal very strongly to your sympathies in this oast, but as
I am quite sure you will confine yourself to coemdering this
are as a lawyer and as a magistrate I shall treat it as •
strictly lepl question. The charge is that of keeping a
lottery, to be played, drawn, or thrown, by lots, numben,
&c. The question is whither that charge has been made
out against the defendant, and I submit that, whatever
aeon might be committed at some future time, subszroet
to the moment at which I address you, there is no e
el say offence having already been committed.
Mr. Henry—There is the sale of tickets.
Mr. Sleigh —Yes, but that is no offence till there hr been
an "exposure" in the form of playing or drawing for the
prises ; until in fact • lottery has been executed, or
process of being executed. It appears to me that govesee.
inept has been going rather too fast, Suppose that the pro-
secution had not been instituted till after the day fixed for
the drawing, and that on the day, instead of drawing he
were to announce that he bad dieonvered the illegality of
the proceeding, and that the lottery would not be drawn,
would you then say that the facto which have been proved
to-day constituted an offence, when the very gist and
gravamen of the offence was wanting.
Mr. Henry thought the offence was made out. He had
power to send a warrant to force open the place.
Mr. Sleigh—With all submission, I very much doubt it.
You must prove the offence first. After some discuasion on
this point the learned counsel continued : Then I must ask
you if you think that this charge is made out, because if
you so decide I trust you will not think it offensive for me
to say that the defendant will appeal to the quarter see-
done. In that case lam prepared to offer responsible bail
to any reasonable amount.
Mr. Henry—One surety is required—say for 501. But I
must name a term of imprisonment, and I regret very much
that defendant did not take the advice which his counsel has
virtually admitted that he gave.
Mr. Dcthier—But what am I to do concerning the public's
money that I have received!
. . . .

Mr.' Henry—Yon can au the question has been tried, and
that the lottery has been determined to be illegal. In my
opinion the offence is complete, u you have kept an °film
But suppose you were successful at the quarter serious,
even then, it you go on and complete the draw, you can be
proceeded against afterwiuds. There would then be no
doubt about it at all.

Mr. Metcalfe—He ought to understand that he cannot be
allowed to go on while the appeal is pending.
Mr. Henry—All the parties are liable to punishment.
Mr. Sleigh—Yea, sir, and every purchaser of a ticket.
Some of them are clergymen, and others members of the
aristocracy.
Mr. Henry observed that it was a more serious matter
than defendant seemed to be aware, and again urged upon
him to consider, before it was too late, the prudence of ac-
cepting the really kind offer of the prosecution. He was
willing to adjourn the case before pronouncing any
sentence of imprisonment, so as to allow lam an opportunity
of reflection.

Mr. Metcalfe observed that defendant must not go on
selling tickets during the adjournment, nor must he make
the distribution. Government had great powers ander
several acts.

Mr. Sleigh did not suppose government would prosecute
vindictively.

hir:Miti,Qte—No • but do not suppose they can allow
themeelvee to be defied.

Mr. Sleigh should be the last person to sanction the con-
tinuance of the lottery pending an adjournment.
After a second conversation with his client, the learned
counsel said, "Sir, I must leave him to reflect. At present
ho is not disposed to take my advice."
Mr. Henry again remonstrated with defendant, who for
some time continued obstinate, but ultimately yielded, say-
ing that if he could not carry it out, he had better "shut
up" at once.
Mr. Sleigh warmly thanked the magistrate for the kind-
ness with which he had gone out of his way to give de-
fendant advice.

Mr. Henry then adjourned the case, on the understanding
that defendant would does his office, arid that the prosecu-
tion would then be dropped. " But," observed his worship,
H if you break faith, it will be my duty to enforce the law.
I have no power to line, but must imprison you for any
period not exceeding three months."
The ease was then adjourned.