The Sun.
London, England, 1865-11-18 00:00:00

BY ROYAL LETTERS PATENT.

HEALTIT WITTIOUT MEDICINE. Being
the only Sovereign and unfailing Remedy for Indi-
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Full particulars sent to any address on receipt of two
stamP_P, by Mr. KEARSLEY, 23, Kentish-town-road, Lon-
ion,
" fhe most efficacious remedy for those diseases extant, a
boon to the afflicted."—Medical Review.
"This invaluable discovery has attainel a world-wide cele-
brity, being of inestimable value, and most admirably adapted
to remove thole maladies which tend to embitter li,e, and
shorten its duration."—ScApel.
"The unprecedented success of this remedy is without
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effected."—Medical Journal.

AMBERT'S ASTHMATIC BALSAM.---AN
AA EFFECTUAL REMEDY, without confining the bowels
or affecting the head, truly efficacious and pleasant, is ad-
mitted to he the best medicine for immediately relieving
coughs, colds, confirmed cases 01 asthma, and incipient con-
sumption. It frequently cures persons whom the faculty
pronounce incurable, admirably allays the tickling which
ovokes frequent coughing. In approaching* consumption
its effects arc truly beneficial. Persons deprived of sleep, or
even lyin,g down for fear of suffocation, may depend on relief
In a few minutes after taking
it. rreparea on,y and sold by
w. LAMBERT, Chemist. 8, King-W.lliam-street, Charing--
cross, London, and by all druggists, in bottles, 13d., and
three quantities in one, 2s. 9d each. Be particular: and ask
for Lambert's Asthmatic Balsam, The name and address are
engraved on the stamp.

THE RESCUE SOCIETY wishes to add another
home to tho 12 now in operation. Last year no fewer
han 455 poor, friendless, young females were rejected 'torn
want of 1. UN DS and room, making a total of 3,087 who here
been sent away in five years. Here are brief details of a few
of the most recent cases:
F. v., aged if, fillet', mother dead, d. rerted by her father.
Ai. A. 10., aged 13, lionaeles., both parents dead.
A. li., aged 17, fallen, father dead, deserted by her mother
•3 D., aged 15, fallen, mother dead.
L. 8., aged 15, fallen, mother dead,
A 8., aged 16, fallen, both parents dead.
Ir. S., aged 14, homeless, deserted by her parents,
M. IL, aged 17, fallen, both parents dead.
C. 11., aged 17, fatten, both parents dead.
A. G. aged 18, fallen, father dead.
aged 18, fallen, both parents (lead,
S. 11. aged 17, fallen, both parents dead.
M. Al W., aged 17, fallen, both parents dead.
S. D., aged 15, fallen, both parents dead.
The uew home the Committee wish to form would be for
e
young girls, almost children, from the of Bto 15, who
have been led astray fronr the path ofvirtue.
Contributions will be received :,rr a tf:t_ulitl y
by the Secretary,
Mr. Daniel Cooper, 85, Queen •streetr pside; or by Messrs
Barclay and Ce., Lombard-street.

This was an appeal from the decision of Mr. Tyrwhitt,
the police magistrate, in the Alhambra case. On a former
occasion Mr. Horace Wigan, the appellant, of the Olympic
Theatre, laid an information against the proprietor of the
Alhambra for allowing stage representations and scenic
performances at the Alhambra without the licence of the
Lord Chamberlain. The entertainment complained of was
called a ballet divertissement. The respondent's place of
amugement was licensed by the justices under the statute
10 of George IL, cap. 3C, for the entertainment of music
and dancing, but it was contended by the appellant that
the ballet divertissement of the defendant, was a scenic re-
presentation and a pantomime which required the licence •
of the Lord Chamberlain under the Stage Play Act, the 6th
and 7th Victoria, cap. 68. On that information the respon-
dent was convicted, but on appeal to the quarter sessione
the magistrates quashed tbo conviction. The appellant
then took out a further summons and laid a fresh informa-
tion on another representation, and the learned metropoli-
tan magistrate decided in accordance with the decision of
the Quarter Sessions, by which he felt bound, that the re-
presentation was not a stage pin, but stated that his own
opinion was different, and granted a case for the decision
of a.sup:_,Tior court, whether in point of law the represen-
tation was a stage play requiring the licence of the Lord
Chamberlain. The case to-day came on br_hearing.
Mr. Sergeant Tindal Atkinson (with whom was Mr.
Bosauquet) appeared for the appellant; and Mr. Poland
(with whom was Mr. Hawkins, Q.C.) for the.respondent.

The case stated that in the entertainment GO to 70 women
descended on the stage from a scenic representation of rocks,
dressed in the ordinary costume of ballet dancers, came
through an archway, and danced in two lines armed with
daggers. There was ascenic combat, in which the wounded
fell, gestures of triumph, and then other dancers with palm
leaves appeared, representing the triumph of peace over
War. The dance had been brought out at Drury-lane, and
had there been danced by Alma in an Egyptian scene.
For the appellant it was contended that there were cha-
racters in costume using gestures calculated to excite emo-
tion. In the midst of the dancers a woman came on the
stage with a bloody dagger in each hand, and went through
the gesture of stabbing. A person fell on the ground.
There was then a gesture of triumph, exhibiting some of
the worst feelings of our nature. Then a woman imitated
the figure of Fame, by putting her leg out at a right angle
(laughter); and then there was a reconciliation amid
Eastern rocks. This, the learned sergeant contended, was
a dramatic entertainment, and required the license of the
Lord Chamberlain. Such performances might be of a very
lascivious character and highly immoral, and there was
only the license of the Lord Chamberlain provided to con-
trol them.

For the respondent it was contended that the performance
was a mixed entertainment of public dancing and music,
for which the respondent had themagistrates'licenseunder
the 25th Geo. 11., cap. 36. This license applied to hired
dancers and:inusicians employed to entertain the public, as
well as to dancing rooms, where the public went to dance.
The word "ballet" was omitted from the statute of Vic-
toria ; in one sense it was a dance ; but in the theatrical
sense it meant gesture.and pantomime. This performance
had been defined to be a ballet divertissement, with a dagger
dance and gesture. In the dances there was gesture. The
lady bowed to the gentleman, and the gentleman to the lady.
This was beyond more dancing, and, according to the conten-
tion on the other side, was a pantomime requiring the
licence of the Lord Chamberlain. The justices in the case
appealed against were of opinion that the representation
was nothing more than dancing, and the magistrate held
the same, though of a different opinion. The decisionwas
on a question of fact that it was merely dancing.
The Chief Justice, in giving judgment, said this was a
Proceeding against the respondent for representing a stage
play without the licence of the Lord Chamberlain, and the
magistrate had refused a conviction, but had stated facts
that were in evidence before him, and had asked the opinion
of the Court whether on those facts he ought to have con-
victed, and, if he ought, to send the case back to him.
After having given the case the best attention ho was cap-
able of, it appeared to him that the question proposed to
him was a question of degree—was more a question of fact
than of law; and, so far as he could understand the case,
he inclined to the opinion, though with great doubt, that
the decision the magistrate had come to not to convict was
the right one. But it was entirely a question of degree.
play, Where
wasdancing a
definition
he
eo
wasbe nlazafutl,alal pndrbepeacaremdetao
off.staegre
Tho early statutes required a licence for a representation
of stage plays, and there were several definitions of what
should be deemed a stage play within the i
statute—tragedy, comedy, farce, opera, burletta,nesning panto-
mime, ntthon
mime, and so forth. Under the 10th of George 11. these
must have the Lord Chancellor's licence. Then, in a case
that came before Lord Kenyon, it seemed to have been
held that the Legislature allowed an entertainment
for persons who could not afford to attend the licensed
representations at houses of public resort of music
and dancing, provided there was a licence of the ma-
gistrates. The respondent had, in literal terms, con-
fined his entertainment to music and dancing, and
the question in contest is whether it was such an Infraction
of a dramatic performance as made it come within the defi-
nition of a stage play. He had heard arguments offered
by those who pressed for a conviction as to the interests of
morality. But, so far as he could see, there was no interest
of morality at stake. The question was whether amusement
on cheap terms should be allowed to continue, or be put a.
stop to, so that the very entertainment should. be permitted'
at the licensed theatres at a dearer rate. Dancing and
music
were clearly lawful without the Lord Chancellor's licence.
Stage playing was clearly not lawful without such licence.
A very minute detail was given in the case of women who
came down rocks end danced in two ranks ; another
woman came down and danced a superior order of dancing
alone. So far this was but dancing. But when a number
of women came down with daggers, and others with palm
laaves, and ono stood over the other to represent a species
of triumph, that came very near a dramatic performance.
But the line must be drawn somewhere. The magistrate
had used terms of art, and said there was a ballet diver-
tissement in which there was no consecutive train of ideas,
where a number of persons grouped themselves and went
through various figures. On the other hand, there was a
ballet d'action, in which was intended to be represented a
regular dramatic story, which might give rise to all man-
ner of emotions, accompanied at the sax, time by graceful

Handicap Plate of 25 sous for all ages. Five furlongs.
Marquis of Anglesey's Cadeau, 5 yrs, 7st 101 b (Hibberd) I
Marquis of Hastings's Pantaloon, 3 yrs, 7st 101 b
(J. Grimshaw) 2
Mr. T. Ballard's Knight of the Whistle, 3 yrs, 7st 21b
(I'Anson) 3
The following also ran :—lrritation, Diana (h.b.), and
Ethelred.

The three placed ran nearly abreast to the half-distance,
where Cadeau drew away, and won cleverly by half a
length ; Knight of the Whistle was a bad third, Irritation,
fourth, Diana fifth, and Ethelred last.
Sweepstakes of 3 sovs each, with 20 added, for 2-yr-olds
and upwards ; weight for age, with selling allowances ;

half a mile, straight. 10 subs.
Mr. Hughes's Juliet, aged, Bst llb (20 sovs) (T. Parry) 1
Marquis of Hastings's Hope, 2 yrs, Vet 61b (20 sovs)
Grimshaw) 2
Mr. Beadman's Mariana, 2 yrs, sst 111 b (20 sovs)
(Murray) 3
- - - • -

Betting. --7 to 4 on Juliet, 4 to 1 agst Hope.
The favourite jumped away with a slight load, which she
retained to the end, and won easily by half a length;
Sfariana was a bad third.

The winner was bought in for 110 guineas.
Welter Handicap of 5 sovs each, for 3-yr-olds and up-
wards; gentlemen riders; jockeys Sib extra; three-guar-

ters of a mile ; 10 subs.
Mr. Barber's Cutaway, by Commotion, 4 yrs, 1 Ist llb
(in. 51b extra) . ...(French) 1
......................................
Mr. Hodgman's Confederate, 4 yrs, list 81b (in. 51b)

(Parry) 2
Captain Macholl's Jane Shore, 4 yrs, list 31b (in. 51b ex 3
.)
Marquis of Hastings's Pantaloon (Daley) , 3 yrs, llst 71b
(Mr. Wilkinson) 4
The following also ran : —My Cob and Birch Broom.
Botting.-5 to 4 agst Cutaway, 5 to 1 agst Birch Broom ;
5 to 1 agst Pantaloon, 11 to 2 agst Jane Shore, 20 to 1 (at
first 2 to 1) agst Confederate.

The favourite, with Jane Shore lying up, made the ntn-
fling to the lower turn, when Confederate ran through his
horses and held a clear lead into the straight; Cutaway
then headed him and won in a canter by half-a-dozen
lengths ; a bad third ; Pantaloon was fourth ; My Cob and
Birch Broom did not pass the post.

Handicap Sweepstakes of 5 sons each, for all ages; the
winner to bo sold for £lOO ; about half a mile ; 8 subs.
Mr. T. Hughes's Puritan, by Warlock, 3 yrs, 6st 71b

• _ .
Mr. Hodgman's Venturer, 2 yrs, sst 91b ... (Heartfield) 1
•••••• (Kenyon 2
Mr. Proem's Usher, 4 yrs, 7st 91b (Morris) 3
Marquis of Hasting's Lady Egidia, 3 yrs, 6st 81b
Captain Batchelor's Chip of the Old Block, 4 yr(s,47usrrta2lb) 4
(Covey) 5
Betting--5 to 4 agst Chip of the Old Block, 100 to 30
agst Venturer, 5 to 1 each agst Usher and Puritan, and 8
to 1 agst Lady Egidia. The last named made the running,
followed by Usher, Puritan, and Venturer to the stand,
where Puritan came through his horses, and won
third
a i
racebyfoauin.teh. ck.T
hAelwonignnthersmep.tts arabtoeitilathht i
the second
110 gu. ,n
and Mr. Proom claimed Venturer.
Loudon Handicap, of 5 sous each, with 50 added. 1, miles.
tfirad:.
a bad

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