The Sun.
London, England, 1865-01-05 00:00:00

suiN, toNnoN, THUUSDAY EVENING, JANUARY' 5, 1865.

with the different entertainments of the stage. I went to
see the 9 o'clock divertissement at the Alhambra. I saw
what I considered to be a ballet. I agree with what has
been said by the last two witnesses. Feelings and wishes
were represented by pantomime. The attendant nymphs
danced round the superior one and formed groups. I did
not see the dagger dance.
Mr. H. B. Donne, inspector of theatres and examiner of
stage plays in the Lord Chamberlain's-office, said—l have
been to the Alhambra. I saw the whole of the 11 o'clock
performance. I saw no difference between it and the ordi-
nary ballet. I did not ]mow that there were two kinds of
ballet till informed by Mr. Wigan. I agree that there can-
not be ballet without pantomime, but that there can be a
ballet without dancing. There was pantomime in it. The
Lord Chamberlain exercises power over ballets when there
is occasion to do so. I know of an alteration being made
in one ballet after its first representation ; after it had been
performed some nights, unless the place was licensed, it
would not be under his lordship's jurisdiction.
By Mr. Poland—l consider there is a story in the ballet
at the Alhambra. I cannot tell you the story in the
I never could under—stand a ballet in my life. There were
40 or 50 persons on the stage, and apparently two kinds
of dresses. I think a story was acted. There was an
engagement, some resistance, then some expressions of
triumph, and at the end a reconciliation by the principal
dancers. There was no individual character. I should call
it pantomime, accompanied by dancing. Copies of ballets
with the plots are not sent to the Lord Chamberlain. If
he found anything wrong in a ballet he would interfere.
Re-examined by Mr. Besley—l do not think the ballet
could have been represented at the Mansion-house, unless
the Mansion-house was fitted up like the Alhambra Palace.
I should call it a stage performance.
Mr. Besley—Other witnesses were to have been in at-
tendance, but they do not seem to be here.
Mr. Oscar Byrne, Mr. Morelli, Mr. Bolen, Mr. Milano,
and others were called, but did not answer.
Mr. Besley—l have no doubt that, owing to the morning
performances, the persons called are absent. That, how-
ever, is my case.

Mr. Poland said no case had been made out against his
client. He contended that the music and dancing licence,
under the 25th of George 111. justified the performance.
But it was said the plaintiff had gone beyond his licence and
had infringed the provisions of the Theatre Act, 67 Viet.,
chap. 68. He would venture to submit that the plaintiff
had in no way violated any Act of Parliament. The act 10
George 11. was passed in consequence of the immoralities and
indecencies of the English stage. The Legislature wished to
put a stop to such performances, and to place all parties under
the control of the Lord Chamberlain or the licensing ma-
gistrates. Afterwards the 25th George 11. was passed, ap-
plicable to London and Westminster, and for the purpose
of enabling Mr. Strange and other proprietors to give public
performances—to give music and dancing entertainments
and amusements of the kind. Mr. Strange had given such
entertainments. He had provided music and dancing for
the public as he was licensed to do. Had ho gone
beyond that he must have procured a licence from the
Lord Chamberlain. His learned friend had asserted that
music licences were only intended to enable young gentle-
men to go to casinos, but he differed from him on that
point. The object of the Act of Parliament was to put all
places of public entertainment where music and dancing oc-
curred under the supervision of the Middlesex magistrates,
He could, if necessary, prove that such a license was
granted to Mr. E. T. Smith when he had the Alhambra—
and now one of his prosecutors—and that the license was
granted on the understanding that the Alhambra was not
to be turned into a casino, such as the Argyll-rooms and
similar places. The Alhambra was, then,' a place for
public dancing and music ; and the public were to pay for
the enjoyment of the entertainment. It was said there
was a stage and the performances took place on it. But
at Exeter-hall, or St. James's-hall there was also a
stage called a platform. There was a similar platform
at the Alhambra, but called a stage, for the purpose of
this prosecution. It had been stated that the plaintiff
had no right to have scenes ; but why not ? If the
proprietor gave music and dancing to the public, why
was he not to be allowed to decorate the back scenes
according to his notions of taste ? But nothing of
this sort could affect the question whether the
performances were stage performances or not. The cir-
cumstance of there being backgrounds and scenes and
lights was immaterial, as they were only accessories. The
principal amusements were music and dancing—that was
all. How could they be considered to be stage plays, or
anything of that kind ? If so, where was the line to be
drawn ? It had been asserted that a statue was lawful,
but the representation of a group was a theatrical repre-
sentation. Were the theatrical gentlemen who entertained
this view of the case to go about and say that the repre-
sentation of Jim Crow, or Black Sal and Dusty Bob were
stage representations. If- such absurdities were counte-
nanced the next thing would be that Punch and Judy would
be deemed a theatrical representation, because there were
a stage, wings, and curtain. If this prosecution succeeded,
they would soon find that little things would be picked out
against every place where there was singing, and the police
courts of London would soon be called upon to deal with
such assumed violations of the law. It had been asserted
that the duets at the Alhambra and the dancing where the
performers advanced and retreated, a kind of attack and
defence, were stage-plays. Why, they were clearly nothing
more:than a story represented by gesture. Was ever suchuon-
sense talked in a court of justice as to call that a stage-play?
He could not see any difference in a person going to a place to
dance or to see dancing where the performers were paid and

where there were footlights and a curtain. Mr. Wigan had

evidently confounded entertainments on the stage with en-
tertainments off the stage. The position of Mr. Strange
was this—he had a licence to sell refreshments, and he had
a licence for music and dancing. The public could go into

Le Alhambra, have refreshment, and smoke if they pleased:

Nothing against public morality had been alleged against
the place, and nothing improper could be alleged or intro-
duced, for the proprietor was under the vigilant inspection
of the police, who if they saw anything objectionable would
report it to the licensing magistrates. Mr. E. T. Smith,
when proprietor, did exactly the same thing. He was now
the proprietor of a theatre, and he joined with others to
say to Mr. Strange—" We will bring the provisions of a
penal act against you so as to put a stop to your enter-
tainment. We will not compete with you fairly by giving

Le public better seats and better performances at our

theatres, but we will put your amusements down by the
strong hand of an act of Parliament." If the construction
contended for was put upon the Act 7 Vic., then a ballet-
girl performing a part in a stage-play would be liable to be
_ _

prosecuted and to be fined 101. a day for acting a part in
a stage-play. Section 12 would throw light on the act.
Every new play or new part of a play was to be sent to
the Lord Chamberlain. Mr. Donne, however, stated that
a ballet with a plot and incidents and a story, though not
always a very intelligible one, were not always sent to the
Lord Chamberlain. It was obvious why it was not neces-
sary to send a copy of a ballet to the Lord Chamberlain
any more than it was necessary to send a copy of a dance
or of tumbling feats. The interpretation clause enumerated
those productions which were to be regarded as stage plays.
All these had plots and stories, and, consequently, were
stage plays. The prosecutors could not, however, rely on
any of the definitions, so they brought forward the words
and " other stage entertainments, or any part thereof."
There was no mention of a ballet in the statute, and the
reason was that a ballet had so vague a story that it would
be ridiculous to call it a stage play. If Mr. Wigan's defini-
tion of a ballet was correct, then it was not a ballet that
was exhibited at the Alhambra. The learned gentleman
here quoted from the " Penny Cycloptudia" the definition
of the varieties of ballet. Now it was understood that
where certain things were defined in an Act of Parliament,
that if other things, ejusdem generis, were not named, they
were not included in the act.
Mr. Tyrwhitt said specific things of the same kind were
included.
Mr Poland would take the Prevention of Cruelty to Ani-
mals Act. There the cow, heifer, and ox were named, but
not the bull. It was held, therefore, that the bull did not
come within the operation of the act. The report of the
cases of " Sandman and Breach, 3, Cook's Reports, 46 ;
and "Payne," 3, Carrington Reports, bore out this view.
It was, therefore, improper to strain an act of Parliament
of a penal character, and it would be :straining the act to
call the performance at the Alhambra a stage play. He felt
strongly in this matter, because this was the first attempt
to turn a penal statute against persons, who endeavoured
to provide the public with suitable amusement. It was
necessary to make a stand. A penal Act of Parliament
ought to be construed strictly, and recollecting that the
governing words in the act were " a stage play," he would
respectfully contend that Mr. Strange had infringed no act
of Parliament.
Mr Tyrwhitt—you say Mr. Strange is protected by the
25th George IL
Mr Poland did not mean to say that :Mr. Strange could
infringe the law, whatever might be the view he took of
his licence. He contended, however, that no infringement
had taken place, and he was entitled therefore for the sum-
mons to be dismissed. lie had witnesses, but he was con-
tent to take the case the witnesses on the other side had
attempted to make out.
Mr. Tyrwhitt said on such an indefinite matter different
views could be entertained by different parties. He would
not venture to express an opinion now, but he would say
that it would be very much better if parties would make a
case for the Superior Courts. It was certain that a magis-
trate's decision would satisfy nobody, for it was not to be
supposed that parties so deeply interested in the question
at issue would be content with a decision in a police court.
He was ready to give a decision, believing that the matter
could not stop in a police court, to enable the parties to
take the question to a Superior Court, and get the deci-
sion of the judges. He did not suppose there was any im-
mediate hurry for his decision. lie would look over the
carefully, andthenapprise
bothevevidence
e sides awndhencahseeswians prepared redwita his judgment.

THE PITMAN AND THE GUN.---A pitman, who
had not been in Newcastle for a year or two, was lately
standing near the northern entrance to the High Level
Bridge, when off went the time-gun, and back fell our
hero in a fright. " What's that ? " he exclaimed, on
recovering from the roar. " Oh," was the quiet answer,
"it's only the gun striking one." "Maw sang !" said he,
"but aw wadn't like to be here when it's striking twelve !"

Naval and Military Intelligence.
His Royal Highness the Duke of Cambridge, as Field-
Marshal Commanding-in-Chief, held a levee yesterday
afternoon at the Horse Guards. The levee was numerously
attended, nearly 200 officers being present.
Major-General Hutchinson retired yesterday from the
command of the forces in the western district, and was suc-
ceeded by Major-General Viscount Templeton, who for a
short time will reside with the Naval Commander-in-Chief
at Devonport, Admiral Sir Chas. H. Fremantle, K.C.B. It
is understood that the official residence of the military cora-
-1 mander at Mount Wise will undergo considerable altera-
tion and repair. His aide-de-camp is Si Wm. Fairfax.
Gen. Hutchinson retires from Plymouth with the respect
and esteem of all those who have been brought into com-
munication with him. For the present he will reside in
the North of Devon, near Bideford.
Yesterday the Chatham battalion of Royal Marines Light

Infantry were marched several miles into the open country,
under the command of Lieut.-Col. W. F. Foote.

There are still 120 military officers above the rank of
captain holding the Waterloo medal. Of these 18 are gene-
rals, 22 lieutenant-generals, 24 major-generals, 19 colonels,
24 lieutenant-colonels, and 13 majors. Three or four years
since the number of officers wearing this medal (above the
rank of captain) was 150.
In order to provide accommodation for the new machinery
which on the occasion of the visit of the Board of Admiralty
to Chatham dockyard they directed to be introduced in the
ropemaking department of that establishment, the whole of
the upper portion of the range of buildings hitherto used
as hemp stores has been converted and fitted for the re-
ception of the spinning-jennies and other machines in-
tended to be henceforth used. The principal building oc-
cupies a space of some 250 ft. in length by 60ft. in breadth,
and in the internal fitments which it is now receiving care
has been taken to adapt it to the purpose for which it is
intended. On this floor will be erected 48 spinning-jennies
for preparing the hemp, the whole of which have been sup-
plied, and are now being fitted by Messrs. Fairbairn and
Co., of Leeds. In order to provide the extra space required
for these machines, a portion.of the building used as stores
for the tarred yarn has been taken in, by which an addi-
tional clear space of 50ft. in length is obtained. The ope-
rations to be performed in this building requiring all the
light it is possible to obtain, the whole of the old windows
have been removed and replaced by windows of large size,
while a skylight constructed with self-regulating ventila-
tors and louvres has been made to traverse the entire
building. The floor throughout has been renewed and
strengthened so as to bear the additional weight it is in-
tended to carry. The shafting for driving the new ma-
chinery will come through the present spinning-room,
which will be connected with the new factory by means of
a couple of girder-bridges, allowing, at the same time, a
communication with the upper spinning-floor of the ropery.
The whole of the alterations and buildings have been expe-
ditiously made by Messrs. Foord and Sons, the contractors
to the Admiralty, under the immediate superintendence of
Mr. Rivers, the head of the works' department at Chatham
dockyard. Nearly the whole of the machinery intended to
be placed on the new building has been received at the dock
yard, and a staff of engineers' workmen are busily engaged
in fitting up the several machines in their assigned places.
Some weeks will be necessarily employed in this undertak-
ing before the new department is in satisfactory working
order. The question of employing female labour for this
description of work is still under consideration, and, from
the advantages likely to result from its adoption, it is be-
lieved that the Lords of the Admiralty will decide on making
the experiment, under proper regulations—the first of the
kind ever attempted at either of the Royal dockyards.
Vice-Admiral Sir M. Seymour, G.C.8., Naval Comman-
der-in-Chief at Portsmouth, yesterday morning embarked
from the dockyard on board the steam-tender Sprightly,
Commander George Allen, and proceeded out to Spithead,
where he officially inspected the 20-gun screw corvette
Highflyer, Capt. T. Pasley, which had steamed out of the
harbour the• previous day to Spithead anchorage on the
completion of her outfit for foreign service. To-day the
Highflyer's machinery will be tested by the officials of the
port over the trial ground in Stokes Bay, when, if the ship
passes through the trial successfully, the Highflyer will be
reported as ready for sea.
The Urgent iron:screw troopship, Capt.lS. H. Henderson,
has again been placed in dock at Portsmouth, to examine
into and repair some at present unknown, but yet impor-
tant defect existing either in the screw seating if the line
of the ship's shafting. The Urgent was taken out of Ports-
mouth harbour on Tuesday, in another attempt to prove
her machinery, but the trial again failed, owing to the de-
fect to which we have alluded.

The Octavio, screw frigate, 3,161 tons, 500-horse pow(
remains in the old ship-fitting basin of Portsmouth dock.
yard receiving the few-remainingifinishing touches to her
rig and outfit for commission at the hands of the dockyard
officials. The Octavia is one of three frigates selected by
the Admiralty some five years ago to ascertain the most
efficient and economical form of marine engines. The two
other frigates 'selected were the Arethusa, 3,141 tons, and
the Constance, of 3,213 tons, all three of the vessels having
been built from the designs of Sir W. Symonds, when sur-
veyor of the navy. The most eminent of the engineering
firms in the country were invited by the Admiralty to enter
into competition in the design and manufacture of the three
sets of engines, without any restrictions being laid upon
them as to price, and under these liberal conditions Messrs
Penn undertook to manufacture the engines for, the
Arethusa, Messrs. Maudslay those for the Octavia,, and
Messrs. Randolph and Elder those of the Constance. The
chief features of difference in the engines manufactured by
the firms named for- this special purpose are as follows:
Messrs. Penn. supplied their engines with two cylinders of
large diameter: 4e3Ors. Maudslay supplied their engines
with: three cylinders each, while Messrs. Randolph and
Elder gave their engines six cylinders. There. has been
naturally great interest felt in knowing the results which
would be obtained from trials between the three vessels,
but, strange to say, those trials have not yet taken place,
although the Octavia made her trial trip over the measured
mile in Stokes Bay solfar back as the Nov. 20, 1861. It is
not that the Admiralty have displayed a total want of in-
terest in the after fate of the three vessels, but the interest
displayed was not sustained. Thus, more than three valu-
able years have been allowed to slip past, and nothing has
yet been done in the second and most important part of a
scheme that was liberally and wisely planned in the outset.
Certainly all three ships are now being-prepared for com-
mission, and the trials may even yet take place, but, if so,
the data that will now be obtained will not be of one-half
the value they would have had three years since. The
Octavia„ on her trial, at Portsmouth, was at light draught
of water, 18ft. forward and 20ft, 10in. aft, and attained a
mean speed of 12.251 knots. - Her engines are fitted with
surface condensers, superheaters, and have three cylinders
to each engine, with mainstays, patent slide arrange-
ment, without eccentrics. The cylinders are placed side
by side, with a three-throw crank shaft immediately
in front. Nearly opposite the two outer cylinders is
placed the condenser, with its horizontal air pump.
To cut off the steam at an early part of the piston
stroke, and as close to the cylinder as possible,- the
ordinary expansion valve is rejected and the slide valve
is adapted for that ,purpose. By a particular- arrange-
ment the position of the eccentric is at the same time
shifted so as to allow of the stream being cut off at the
moment required. This latter is also used for starting and
reversing gear, and consists of a train of spur wheels,
mounted on a moveable frame, for communicating the mo-
tion from the spur wheel on the main crank shaft to a spur
wheel on the crank or eccentric shaft for working the sides.
The frame can be raised or lowered to permit the eccentric
shaft to revolve to the required extent ; and as the opening
of the ordinary slide valve for the admission of the steam
becoinee very much reduced when the lap is proportioned
for cutting off the steam at an early part of the stroke, a
new descriptiOn Orslide Valve; is introduced, having addi-
tional facings, so as to obtain the requisite amount of steam
opening without increasing the area of the eduction open-
ings. The shut-off valve supplies the place of the ordi-
narythrottle valves, and is worked by a lever from the
starting platform, to regulate .the admission of steam, or
shut it off as required. • On the trial of the ship in Nov.,
1861, steam was cut off at one-third stroke. By the em-
ployment of three cylinders, with their cranks placed at an
angle of 120 deg. with each other, it is sought 'to render
the motion uniform. By the cranks turning in rotation
one after the other, and each having. its apportioned one-
third of the cirele,a continuous pressure- is given and the
weight of the shaft on the bearings is neutralised. There
have been instances of vessels in. America fitted with three
and four cranks, and these are said to always have broken
down, but that is certainly no sufficient reason for break-
ing down the engines of either Messrs. Maudslay in the
Octavia, or Messrs. Randolph and Elder in the Constance.
On the contrary, judging
from the trials of the engines in
both ships which have already taken place, we have every
reason to believe that any further and protracted trials of
theory.
Tehngieinroens insctrheewsestetwaomssliiiiipps
Awcoluinhiliebs,e
2noto,stcsaaptits.faEct.
W.
Vansittart, assisted by the steam-tugs Medusa, Confiance,
and Scotia,
went yesterday from Plymouth Sound into
Hamoaze, where she was placed at moorings off Keyham
steamyard, preparatory to going into No. 3 dock.
The lighter Tortoise, H. Hoskings, master, left Plymouth
on Tuesday with stores for Liverpool and Pembroke.
The sailing frigate Indefatigable, 50, at Devonport, will
be towed by the paddlewheel steamvessel Medusa to Liver-
pool.

The following appointments were made yesterday at the
Admiralty :—Staff Commander John Stokes to the Britan-
nia; Jmes Fraser, assist.-surg., to the Rattlesnake, for dis-
posal ; and W. Grant, acting assist.-surg., to the Meander.

[ADTERTISEMENTd—HoIIoway's Ointment and Pills.—
Bad legs, bad breasts, ulcers, abscesses, wounds, and sores
of all kinds may be thoroughly healed by the application
of this Ointment to the parts affected after they have been
duly fomented with warm water. The discharge should
not be checked at once, but rather encouraged,:for any
sudden check must of course be always dangerous. Na-
ture is the noblest of physicians, and must not opposed,
but seconded ; all sores are fora time the safety valves of
the constitution, and should not be closed or healed until
they resume a healthier character. Under the action of
this powerful Ointment, together with the Pills, the de-
praved humours of the body will be quickly removed.

France in 1864.

- - 4.-

Several of the Paris journals publish articles on
the past year and the incidents which characterised
its course. Some express regret that France had
not placed herself more prominently forward, par-
ticularly in the Danish question ; whilst others are
of opinion that the Emperor acted with great pru-
dence in holding apart from a quarrel which did not
immediately interest France. One of the most
complete reviews of the year, as also one of the
most favourable to the French Government, appears
in the France, which praises all .that the Emperor
has done during the last 12 months. Referring to
the political state of Europe at the commencement
of 1864, our contemporary says :
The great idea of a European congress had passed away

like a dream. Poland was still in arms, vanquished, but
not cast down; Italy was silently agitating ; Hungary and
Venetia were also moved by the emotion of patriotism and
revolutionary excitations ; Germany was approaching the
crisis to which the war with Denmark, the rivalties of the
great confederate powers, and the progress of democratic
ideas have irresistibly led her; lastly, on the banks of the
Danube the slightest spark might have set fire to all the
combustible elements of the Eastern question, which was
slumbering, but not extinct. What was wanting for a
universal conflagration to burst forth from all those germs
of conflict ? A word or a sign from France would
have been sufficient. Tha revolution, by all its organs
and by every means of seduction, was exciting her to act.
It was making the most energetic efforts to precipitate the
imperial policy into that terrible struggle of revolted na-
tionalities in which conflict it saw the realisation of its
hopes and secret designs. The empire resisted that revolu-
tionary tendency, and preferred the quiet glory of a peace-
maker to the sanguinary renown of a conqueror. And in
the midst of the passions which were endeavouring to
hnrry it away, it gave a remarkable example of prudence
and forethought by taking part in the great foreign ques-
tions only for, the purpose of solving them pacifically.
Such is one of the important results of the year which has
just ended. Instead of war let loose it gave us a consoli-
dated peace. Peace has manifestly become the policy of
France; it has for inevitable result disarmament, reduc-
tion of the military expenses which are ruining all States,
and the application of the public revenues to the produc-
tive works by which the wealth, prosperity, and civilisa-
tion of nations are developed.

After pointing out how great an influence such
forbearance must give France in all great European
questions, the writer points especially to two acts of
the Emperor as worthy of admiration—the Conven-
tion of April 10, which founded the throne of
Mexico, and that of September 15 concerning the
position of Italy. The article then goes on to say :

The foundation of the Mexican Empire has proved
that France, exempt from all personal ambition, was
abandoning those distant expeditions which, if they
satisfy honour and the national glory, contribute rarely to
the public prosperity compensations proportioned to the
enormous sacrifices they involve. Thus the year, marked
at its commencement by sad prospects of war, is terminat-
ing in the most happy conditions of pacification. Released
from all outward anxiety, France may concentrate all her
forces and attention on her internal situation. Peace abroad
is liberty at home. War alone could stay the progress of
her institutions and the extension of her public liberties.
The revolution being reduced to impuissance and war im-
possible, France cannot remain inferior in political and
social progress to so many nations which surround her. In
presence of the great feats accomplished by French arms,
when France is menaced by no other power, and herself
menaces none, the military phase of the Empire may be
considered as terminated. Its liberal career commenced
with the decree of Nov. 24, and everything justifies the
belief that it will be as brilliant, as complete, as that of
which the object was to re-establish order at home and the
dignity and prestige of France abroad.
Referring then to the situation of France at home
during the year, the writer remarks :

As at the commencement of the year the Empire was
menaced with the terrible eventualities of war, so was it

threatened after thelast elections with Parliamentary
agitations calculated to place in peril the principle on
which it is based. Vain apprehensions ! The liberty of
discussion has become enlarged, debates have brilliantly
re-echoed in the Legislative Assemblies ; and the linperial
Government, far from being weakened by them, has come

forth strengthened by tai that it had accorded to tho free
control of public opinion. We have often said that only
bad governments can fear liberty of speech ; wise govern-
ments, friendly to progress and devoted to the interests of

the wholnnation, derive from it a force and an authority
which are better than all restricted laws ; namely, those of
confidence and public feeling. At present it is necessary
to advance boldly in that liberal path. To the iniprove-
ments already realised fresh ones.must be added ; and the
progress accomplished mast be the forerunner of further
reforms.