The Sun.
London, England, 1837-08-22 00:00:00

KENSINGTON PETTY SESSIONS.

r,
1 HIPPODROME.—On Saturday Messrs. CODD,
BARLOW, PILKSNGTON, and VINCENT, sitting in Petty
Sessions at Kensington, were occupied for several hours in
hearing cases arising out of the races recently held on the
Hippodrome Race Course, at Notting-hill.
The first case was an information against Mr. Nathaniel
Britton, the landlord of the Duke of Clarence, at Shep-
herd's Bush, laid by a common informer, named Daniel
Byrne, under the 9th George IV., cap. 61, sec. 18, charg-
ing him with having, on the 19th of July last, in an un-
licensed booth on the above racecourse, sold " one bottle of
stout," whereby he had incurred a penalty not exceeding 201.
Mr. Under-Sheriff WIRE, Solicitor to the Licensed Vic-
tualler's Protection Society, appeared for the defendant.
On being asked to produce the defendant's licence for the
Duke of Clarence, as required by the summons, he ob-
jected, and the Bench took a note of it.
Edward Sweet, of No. 7, Norway-place, Hackney-road,
the informer's witness, on Wednesday, the 19th of July,
about half-past three o'clock in the afternoon, went into
a booth kept by the defendant, on the Hippodrome race-
course, and asked for a bottle of stout. The defendant
served him with it, and witness paid him a shilling for it.
The name of Nathaniel Britton, from the Duke of Clarence,
was chalked on a piece of slate or thin board, and hung on
the outside of the booth. Witness drank the stout in the
booth in which defendant was acting and giving directions
to the waiter.
Byrne—What is stout ? Witness—lt is a superior
sort of beer. The booth is not attached to defendant's
premises, for which he is licensed. It is full half a mile
therefrom. Beer is an exciseable liquor.
Cross-examined by Mr. WlRE—Several other persons
were in the booth. There were six booths on the course in
which beer and wine were sold. Two of them belonged to
one person. Cannot tell how many persons were in the
Hippodrome. Saw horses running. The public were ad-
mitted on paying one shilling. Is not aware that a public
foothpath passes across the course.
Mr. CODD, after conferring with his colleagues, said,
" We aro of opinion that there is nothing before us to show
that persons who are already licensed are not authorised to
sell exciseable liquors at fairs and public races,' even if the
Act of 6 Geo. IV. was not in existence."
Byrne—But there is no proof that the above races are
public races. To be so they must have been held under a
Charter, or by prescription, viz., by virtue of long and ac-
customed usage.
Mr. CODD—That is the question into which we are now
about to enter. We rule that at public races persons already
licensed are permitted to sell exciseable liquors. Mr. Wire,
you may go on.
Cross-examination of informer's witness continued—Does
not know of his own knowledge that a public footpath runs
across " the Hippodrome." Does not know how many
entrances there are. Has seen in the paper that Mr.
Whyte, the Proprietor, has been summoned for stopping
up a footpath, but did not read the whole proceedings.
The public, to his knowledge, were not admitted to any
part of the grounds without paying. Has been only once
on the ground since it has been a racecourse. Horses do
run races there, but whether they are entered for that pur-
pose or not witness cannot say. Witness believes they run
for stakes. Has not more than two or three times seen the
races advertised. They have been advertised in the papers
as the Hippodrome Races," with the prices of admission
stated underneath. May have seen hand-bills respecting
the races, but can't recollect their purport. Has been on
on other race-courses. At Marlow they pay .ss. 6d. for en-
tering horses.
Mr. CODD—Do you know whether, at other race-
courses, the public pay for admission ? Witness—l don't
know.

Byrne—At Marlow can any one go or the race-course
as a pedestrian without paying? Witness—Yes, they can.
At Enfield persons do not pay. At the Hippodrome there
are gates, which can be shut at pleasure.
Mr. Wire then, at considerable length, contended that as
the proof of the existence of a footpath across the course
had been so recently before the Bench it would be unne-
ce.sary for him to enter into that part of the case. The
public were admitted to the course two ways, first by pay-
ing money, and secondly by a public right of way which
has been claimed, and is exercised by the public to this day,
and which constitutes " The Hippodrome" a public race-
course under the meaning of the 6th of Geo. IV., cap. 11.
It is advertised to the public, and they are admitted. If
tickets were issued then he admitted it would be private.
It was not necessary to prove that it was an " ancient and
accustomed race-course," to prove it was a public one.
Mr. Conn—We agree with you there, but we are not
satisfied that it is a public course, and we must call upon
you to produce proofs. _ _

Mr. Wire then put in the last number of The Racing
Calendar, to prove that the next races, to be holden on the
Bth and 9th of September, were advertised.

Mr. CORD—TI-;at is a prospective advertisement. Those
races have not yet taken place.
Mr. Wire—l can send for an advertisement of the 19th
ultimo.

Mr. CODD—NO ; that is not necessary, as it runs in si
milar terms.

Mr. Wire then called Mr. Edward Mayne, secretary to
the Hippodrome (and brother to the Commissioner of Po-
lice), to prove its being a public racecourse. He stated
that the races had been established since June last, that
they were publicly advertised, that horses were entered,
and the public also indiscriminately on payment of money.
There is a footpath across the racecourse by which the pub-
lic can enter on the course. Any person who chooses can
enter and witness the races, and observe all that is going
on in the grounds, there being no means to prevent it.
Knows Ascot races. The public pay for admission to cer-
tain parts of it. The price varies in amount. Knows New-
market. The public pay there also. The stewards there
exercise the power of putting any off the racecourse who
misconduct themselves. At Doncaster it is the same.

Mr. Conn--I think you have proved enough to show
that money is also taken on other racecourses.
Cross-examined by Byrne—The footpath has been at-
tempted to be shut up. The paling has been run right round
the course, but the Hippodrome is not now enclosed. Pro-
ceedings are now in progress on the subject. Witness
knows a great many racecourses which are enclosed, al-
though it is not usual. Many that are on commons are not
enclosed. Epsom is not enclosed ; neither Newmarket,
Doncaster, nor York are enclosed. It is nut a common
practice to demand money from all pedestrians at race-
courses. Believes the Hippodrome is private property.
Mr. BARLOW—You say other courses are enclosed—
which are they ? Witness—Liverpool, Howth Park, and
Hcaton Park. At Heaton Park money is taken for admis-
sion. I would object to informers going into the Hippo-
drome, or any such objectionable persons.
Mr. Wire then put in the defendant's licenses to prove
that he was entitled to sell beer on any " public racecourse,"
and submitted he had made a complete answer to the case.
The BENCH, after consulting together, said that they
had gone into the case at very great length, it being a very
important question, and had given it their best attention.
After going into a review of the evidence, they said they
were unanimously of opinion that the Hippodrome is not
a public racecourse. They must, therefore, cony ict the de-
fendant in the mitigated penalty of 101.
The next case was against Mr. John Whyte, the pro-
prietor of the Hippodrome, under the 35th Geo. 111., c. 18,
for suffering beer to be drunk on his premises, he not being
duly licensed, by which he incurred a penalty of 20/.
The BENCH, considering the case proved, fined Mr.
Whyte 10/. Notice of appeal was then entered in both
cases.

By the above decision every tavern and hotel-keeper,
not having a Magistrate's license, selling beer, ale, &c., is
subject to the penalty.

A few days ago a very distressing circumstance oc-
curred at Ramsgate, which has caused a painful sensation
in the town. A young lady of great personal attractions
and highly accomplished, and who is the daughter of most
respectable persons in the metropolis, attempted to put an
end to her existence, by throwing herself off the pier into
the harbour. The rash act was witnessed by a number of
persons, and a general alarm being instantly raised, she was
rescued from a watery grave by two watermen, who coura-
geously dived for her several times, and eventually suc-
ceeded in bringing her up, and reaching the boat in which
they had rowed to the spot. She was conveyed in an in-
sensible state to a public-house, where having received the
attentions of a medical man, she recovered. It appears
that the young woman, some short time back, left her pa-
rents' residence in London, since which she had been lead-
ing a very irregular life in Ramsgate. She was employed
as a professional singer at the bazaars, and other places of
amusement, in the town, and her society was greatly courted
by the gay part of the visiters. The cause for making the
rash attempt on her life was owing to her relatives having
traced her, and at the time she threw herself off the pier
she recognised her father and mother, a short distance off,
coming towards her, both of whom evinced the greatest
possible agony of mind at the dread of their daughter pe-
rishing. A'reconciliation took place, and the young lady
returned to London with her parents with a promise of
amendment.

The Duke of Sutherland, during several years past,
has adopted a silent but effective mode of putting to shame
idleness and the " voluntary principle" of pauperism, by
offering rewards to meritorious Cottagers who with in-
dustry improve and keep clean their cottages and gardens.
His Grace leaves it to a Committee of Farmers to decide
upon the claims of competitors ; and this year fifteen cot-
tagers have received rewards varying from 5/. to 21. for their
respective improvement. One cottager, Joseph Poulter,
had created his garden from the mound of a coal-pit at
Ketley ; also two small crofts of land adjoining. This ex-
ample it of great importance.