The Sun.
London, England, 1862-12-30 00:00:00

MARLBOROUGH-STREET.

THE GERMAN STREET BANDS.—William Lads, a mem-
ber of a band of German musicians, was charged, before
Mr. Tyrwhitt, with being concerned with several others
not in custody, in playing certain musical instruments,
after being requested to depart, in chapel•street, Grosvenor-
square.

Mr. Edwin Lewis, of Great Marlborough-street, appeared
for the defence.

Mr. John Bazalgette, of Penge, Surrey, civil engineer,
said-1 appear for Miss Bazalgette, who resides in Chapel-
street, Grosvenor-square. At that lady's request last night
I went out and told the defendant, who was, with a band of
eight or ten others, making a great noise, to go away and
to go to the next street. The defendant said he should not
leave, neither should he go into the next street, as they
were paid to play, and that they should continue to play.
I told him I would give him in charge if he did, and maid
I would look for a policeman. On coming back I heard
them making an atrocious noise, and gave the defendant
in charge.

Mr. Tyrwhitt—Was there any illness or reason for tell-
ing the defendant to go away ?
Mr. Bazalgette—Miss Bazalgette is in an infirm state of
health and generally unwell, and I have a certificate to that
effect—(one was handed to the magistrate stating that the
lady was unwell).

Mr. Tyrwhitt—Did defendant say who he was paid by ?

_
Mr. Bazalgette—No, sir.
By Mr. Lewis—The lady is generally in an infirm state
of health. It is not a special illness of yesterday or to-day.
Tier medical man attends her every second day, but she
goes out for a drive occasionally. Ido not know the band
has played in the street for years. It is within the last two
months that the lady has complained to me of the nuisance
and requested me to protect her from it. She has not told
me that she objects to it because another lady patronises it.
I told the defendant that he must not play in the street, and
to go away. I took care that he should understand me,
and he gave me a plain answer.

Henry Alger, 94 C—Last night, at eight o'clock, I was
called to take a musician into custody for annoying a lady
who was ill. I could not make him understand me. He
had just left off when I got up.
By Mr. Lewis—The musicians had left off by the time
I got up. I took the defendant into custody.
Mr. Lewis—l must first submit that the defendant is
wrongfully in custody, because one of the sections of
the act, the sixty-third, says the playing must be in
the presence of the police constable; the section stat-
ing, "It shall be lawful for any constable belong-
ing to the metropolitan police district to take into
custody, without a warrant, any person who, within view
of the constable, shall offend in any manner against this
act, and whose name and residence shall be unknown to
such constable, and cannot be ascertained by such con-
stable." The offence with which the defendant was
charged was playing after he had been warned, and it was
proved by the constable that on his going up they had ceased
playing.
.He (Mr. (Lewis) had had a case before Mr.
Yardley recently, in which, under similar circumstances,
the prisoner was discharged. In the second place, the
words of the act had not been complied with, for the 57th
section stated that illness or some other reasonable cause
must be stated, which had not been done.
Mr. Tyrwhitt, after referring to the Law Journal, con-
taining a report of a case before Mr. Justice Malik), said—
The gentleman should have told these people that the lady
was ill, or have stated some reasonable cause, and it did
not appear that he had told them any reason why they
should go away. If the gentleman had done so he would
have brought the defendant within the meaning of the act.
I do not say that the constable was not right in taking the
defendant into custody, but it was for the magistrate to say
whether he was in lawful custody. Although it is my
duty to dismiss the case, I can only say that such persons
as these (defendant and his companions) in such places as
Chapel-street, might collect together and levy black mail
by harassing the persons residing there, I for one, in spite
of all the unpopularity I may obtain in the newspapers,
shall never hesitate to enforce the law when the case is
proved, and to inflict a fine of 40s.
Mr. Lewis—There is a little pique between the lady in
this case and another lady.
The defendant was then discharged.