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

Theatrical Representations.

Mr Frederick Strange, proprietor of the Alhambra
Palace, Leicester-square, was summoned before Mr
Tyrwhitt, at the Marlborough-street Police-court,
for "that on the 27th of December, at a certain place
of public resort called the Royal Alhambra Palace,
Leicester-square, he did unlawfully have and keep the I
said house and place of public resort for the public
performance of stage plays without authority by
virtue of Letters Patent from her Majesty or any
of her predecessors, and without licence from the
Lord Chamberlain of her Majesty's Household for
the time being."
Mr Besley, instructed by Mr Roberts, appeared in
support of the summons; and Mr Poland, instructed
by Mr Lawrence, appeared for the defendants.
Mr Begley said he appeared
i on behalf of the plain-
tiff, the proceedings being, n fact, instituted by a
number
of lessees of licensed theatres, among whom
were Mr Mapleson, of Her Majesty's Theatre ; the
Opera Company,
of Covent-garden ; Messrs. Fal-
coner and Chatterton, of Drury-lane ; Mr Fechter,
of Lyceum ;Mr Webster, of the Adelphi ;Mr
B hutckestone, of the Haymarket ; Mr E. T. Smith, of
A,stley's ; and Alr Horace Wigan, of the Olympic,
upon whose information the present summons was
taken out. The proceeding against Mr Strange was
instituted laF no personal feeling against that gentle-
man, it was taken simply for the purpose of enforc-
ing the provisions of an Act of Parliament 6 and 7
Vic.,entituled an Act for the Regulating of Theatres.
The second section of that Act enacted that it
should not be lawful for any person to keep any
house or pface of public resort in Great Britain for
the public performance of stage plays without
Letters Patent from the Crown or licence from the
Lord Chamberlain or from the Justices of the
Peace therein provided, and that every person
offending against this enactment should be liable to
a penalty not exceeding £2O for every day on which
such place of resort was kept open. It was agreed
between the solicitors on both sides that in order to
raise the real issue certain points should be ad-
mitted. It was admitted by the defendant, "that he
kept a house of public resort withing the meaning of
the act, and that it was necessary there should be a
license from the Lord Chamberlain if any matter
was presented there which came within the meaning
of the definition clause in the act of Parliament as
to what constitutes a stage play." It was further
admitted that the defendant possessed a music and
(lancing licence, granted by the Justices under the
25th George U. By the second section of the 6th
and 7th Vic., the question was raised whether cer-
tain performances at the Alhambra did not come
-within the meaning of the act, and were in fact
stage plays. The definition of " stage play" was
that it should be taken to include every tragedy,
comedy, farce, opera, burletta, interlude, melo-
drama, pantomime, or other entertainment of the
stage, or any part thereof. Before producing evi-
dence it would be his duty to call attention to the
state of the law, and the various enactments that
had been passed. The Lord Chamberlain licenced
stage plays for the metropolis. In the country stage
play licences were granted at special sessions, and
music and dancing licences were granted in the same
way ; they were signed, sealed, and read by the
clerk. It would be important to notice that fact,
for if it were contended that the music licence
granted under another act of Paaliament justified
the defendant in his proceedings, his reply was that
the provisions of the act under which music and
dancing licenses were granted were perfectly con-
sistent with the later acts of Victoria.

Mr Tyrwhitt—You say that a music and dancing
licence does not enable the defendant to act plays.
Mr. Besley—The defendant- could not legally
give stage play representations without leave of the
Lord Chamberlain. The powers given to the Lord
Chamberlain to license plays were intended to insure
the safety of the public, and the observance of
rules which should have for their object the observ-
ance of good manners and decorum during such re-
presentations. He would first state what the Royal
Alhambra Palace was. It was a building on the east
side of Leicester-square ; it had been erected some
time, and was now under the management of the
defendant, Mr. Strange, the sole proprietor. The
building .was one of no mean pretence ; inside it was
highly decorated, so as to be consistent with drama-
tic representations. The stage in size was little in-
ferior to that of Drury-lane. In front was the or-
chestra, and a space like the grand yard in the
time of Elizabeth, where persons could sit down at
table and take refreshment, drinkina and smoking,
just as used to be the case at the Blackfriars Thea-
tre, with the exception that in the olden time the pit
was open to all the winds of Heaven. There was no
pit at the Alhambra, the area appeared to be divided
into three sections for admission, in each of which a
different price was asked, and it was in those places
the public could sit at tables and smoke and drink.
From each corner there was a range of 12 columns,
which supported a cornice, and between the columns
was a splendid chandelier. There were two rows of
boxes, which, however, he believed, were termed bal-
canies. This would give a general idea of the
audience part of the Alhambra. It would not be
necessary to notice the refreshment counters placed
round the building. There was no open uncovered
floor where the public could dance, as at the Casinos.
There was a stage, with proscenium, footlights, side

scenes, drops, and everything necessary to stage
representation. There were also flies for the pur-
pose of winding up and letting down scenery.
There was also a drop curtain made of damask
and adorned with gold stars ; the back of the stage
was provided with the appearance of rock and
water. He believed there was a real cascade ; in
fact, there was everything to tempt the public to go
to the Alhambra. Mr. Besley here proceeded to
read. from the Theatrical Observer an elaborate
account of the decorations:and performance at the
Alhambra. There was a ballet, with 50 or 60
dancers. It was asserted there was no pantomime,
or anything in the nature of a pantomime ; what
was represented being a ballet divertissement, such as
had been extensively introduced lately into operas.
The question to decide was this—were such perfor-
mances of the nature of a pantomime or stage play?
He contended that no ballet could be performed
without the aid of pantomime. The ballet dancer
required to be taught pantomimic action, for with-
out such action it would be impossible to convey
what was intended to the audience. The ballet was
an art which must be acquired under professors.
The word " ballet' did not occur in the interpreta-
tion clause, but there were the words, " stage plays
or parts thereof." The decision of Lord Kenyon in
the case of ." Gallena v. Laberie," was in favour of
his argument that performances having the charac-
ter of stage representations must be licensed by the
Lord Chamberlain. The learned gentleman here
quoted Lord Kenyon's opinion at length, also the
" Queen v. Handy," "De Begnes v. Armisted,"
and " Thomas' appellant, v. Colson, respondent."
The latter eafle referred to certain performances at
to repre-
senmrt about.rryrw 1
Marmite where two persons were enabled
tidtLfierent characters.
led it a duologue, I think.
Mr. Besley—The DeeYrfenarThl personated a variety
of characters one of them •
My learned friend y exti was a briefless barrister.
-IX Poland appeared in the ac-
tion that was tried.
Mr Poland—But not in that chars Mr.
Besley—lt was decided in r. (Laughter.)
pantomime occurred the
performantheat case that if
tensed, were illegal. Pantomime weso; being unli-
older than
tragedy or comedy. •
Mr. Tyrwhitt--I suspect you will have to consult
the Shade of Thespis to decide that.
Mr. Besley only relied on the authority of books,
the legends in which told us that pantomimes and
miracle plays, in which the performers did not speak
but only represented the incidents by gestures, were
the first performances. Pantomime existed from
the earliest times, and was performed at Courts by
persons under the protection of the Sovereigns and
the highest nobles. Pantomimes were, therefore,
well known in the time of George H., when the Act
he had quoted had passed, and when the word pan-
tomime was omitted in the Act. The word was,
however, put into the next statute, the object of the
statute being to give the Lord Chamberlain despotic
authority over all such places, to give him authority
to make rules for their guidance, and to close the
places if necessary. The statute further required