The Sun.
London, England, 1865-06-03 00:00:00

THE SUN, LONDON, SATURDAY EVENING, J UNE 3, 1865.

MR. and Mrs. GERMAN REED, with Mr.
JOHN PARRY, will appear in their new entertain-
ment, entitled A PECULIAR FAMILY, by William
Brough. New scenery by T. and W. Grieve. To conclude
with MRS. ROSELEAP AT THE SEASIDE, by Mr. John
Parry. Every Evenine, except Saturday, at 8. Wednesday
and Saturday afternoons, at 3. ROYAL GALLERY OF
ILLUSTRAffION, 14, Regent-street.
Unreserved seats, is., 2s. ; stalls, 3s. ; stall chairs, ss. May
be secured in advance, without fee, at the Gallery.
OPERA DI CAMERA, every Tuesday and Thursday
at 3, and Saturday at 8.

T HE 0 X FORD,
6, OXFORD STREET. W.
The Oxford and Canterbury Hall Company (limited).

ADELIA, by Donezetti, in which Miss RUSSELL will
make her appearance, and BROTHER AND SISTER.
by Sir Henry Bishop, will be performed during this week.
Principal artistes : Signor Spagnoli. M. Marini, Mr. Green,
Misses Russell, Barrie, and Mdlle. D'Auria, with full Band
and Chorus, conducted by Mr. F. Jonghmans.

MIRIAM (l'Enfante Pianiste, aged 8 years) will play
"Blue Bells," par Oesten, and "La Priere d'une ViUrge, '
par Leduc, This Evening.

Comedy, by Mr. George Hodson (the celebrated Comedian
and Miinic), Little Bob, Miss Kate Balie, Les Freres Talliott,
the Grotesque, D'Aubans, Madame Ramsden, and Les Freres
Stonette.

Conductor, Mr. F. Jonghmans.
This Evening at Hall-past Seven. Admission—area, 6d.;
stalls and balcony, ls.; private boxes, 10s. 6d.

CANTERBURY HALL.
Selections from MARTHA and THE BROTHER
AND SISTER, supported by Miss RUSSELL, Miss Barrie,
Miss Hays. &a ; Messrs. ST. ALBYN, Green, &c., with Full
Band and Chorus. Conductor, Mr. F. Jongmans.

Comedy by Arthur Lloyd, George Hodson, Little Bob,
Miss Kate Balfe, and the Grotesque D'Aubans,
HODGE PODGE.—This wonderful Illusion will be re-
peated for a short time longer, to enable country visitors to
witness this most beautiful of the London exhibitions.

N.B.—Visitors to London during the Whitsun Week
should not fail to see the above.

MADAME- -TUSSAIM'S EXHIBITION.-
Established 30 years, at the Bazaar, Baker-street,
London.

Full-length Models of the late President LINCOLN,
basely assassinated ; also President DAVIS, of the Confe-
derate States; the late lamented ItICLIARD COBDEN,
Esq., and JOHN BRIGHT,Esq , may be seen at the Gallery.
NEW ADDITION.—A full length Portrait Model of
JOHN WILKES BOOTH, the reputed assassin of the late
President Lincoln, taken from a likeness presented by him-
self to Mrs. Stratton, wife of General Tom Thumb.
Open from 11 a.m. till 10 p.m.
Admittance, One Shilling; Extra Rooms, Sixpence.

AR GY L L ROO M S, Windmill - street,
Piccadilly.

PROMENADE, CONCERT, and DANCE every Evening.
This admired Band, under the direction of Signor LUIGI
CURTI, will perform at 9 o'clock a Gr ind Overture, at 11
o'clock a Selection from a favourite Opera, and a series of
novel Dance Music till 12 o'clock.

Open at half-past 8. Admission, is.
Manager—M. GRENET.

THE CREDIT FONCIER AND MOBILIER
OF ENGLAND (Limited).
Authorised Capital
-Capital Sübscribed
Capital Paid-up 500,000
Reserve Fund....
Dividend Reserve Fund 70,000
DIRECTORS.

The Right Hon. JAMES STUART WORTLEY, Governor.
JAMES LEVICK, Esq., Merchant, King's) Deputy-
Arms-yard, Governors.
JAMES NUGENT DANIELL, Esq., London,
James Childs, Esq., London.
Alexander Dunbar, Esq., Old Broal-street, London.
Charles Ellis, Esq., Lloyd's.
Adolphe Hakim, Esq. (Messrs. Pinto, Hakim Brothers, and

CO, London.
'The Lion. T. C. Haliburton, M.P., Chairman of the Canada
Agency Association, London.
William Harrison, Esq. (Messrs. Young, Harrison, and
Bevan), Director of the Thames and Mersey Insurance
Company.
Richard Stuart Lane, Esq. (Messrs. Lane, Hankey, and Co.),

London. T
, _
Charles E. Newbon, Esq.. London.
Henry Pownall. Esq., J.P.. Russell-square, London.
Joseph Mackrill Smith, Esq. (Messrs. trlackrill Smith and
Co.), Old Broad-street, London.
Edward Warner, Esq , M. P., London.
John Westmorland, Esq. (Director of the Royal Insurance
Company), London.
Albert Grant, Esq., Managing Director.

BANKERS.
The Agra and Masterman's Bank (Limited).
Messrs. Smith, Payne, and Smiths.
The National Bank, London, Dablin, and its Branches in
Ireland.
The Alliance Bank (Limited), London, Liverpool, and Man-
chester..

SOLICITORS.
Messrs. Newbon, Evans, and Co., Nicholas-lane, E.C.

BUSINESS TRANSACTED.

This Company negotiates Loans for Colonial and Foreign
Governments ; . _ _

Co-operates in the Financial arrangements of British and
other Railways;
Makes Advances to Corporations, Town Councils, and other
Public Bodies
Negotiates Loans for Public Works;
Assists in the introduction of Industrial and Commercial
undertaking s ;
Makes advances upon approved Stocks, Shares, Bonds,
ttc.
Makes temporary Loans upon eligible Freehold and Lease-
hold Securities.

ALFRED LOWE, Secretary.
London, 17 and 18, Cornhill, May 4, 180.

SA VE YOUR POOR TEETH, and Econoalhe
your Cigars. BUT Gilgit's PATENT CIGAR NIP-
PERS are sold everywhere. price id.

THE 'TEA ESTABLISHMENT.
dd 4 and 5, KING WILLIAM-STREET. CITY, EC.
REDUCTION OF 6D. PER 1,8. IN THE TEA DUTY.
The PRICES of ALL OUR TEAS are this day REDUCED
6d. PER POUND.
Our customers should order Tea at rd. PER POUND
LESS than the price. previously Paid.
We hope to give IMPROVED QUALITY at the RE-
DUCED PRICES.
June 1, 1865. RIDGWAY and COMPANY.

THE IMPERIAL -MERUANFILE CitEDlr
ASSOCIATION, Limited.
Capital subscribed, £5,000,1.00.
Paid up, .00 ',(00.
DIRECronS.
JOHN CHA.PMAN, Esq., Chairman.
Xenophon Balli, Esq. Capt. J. Gilbert Johnston.
E. J: Coleman, Esq. G. G. Macphers m, Esq.
Mr. Alderman Dakin. , W. Scholefield, Esq„ M.P.
James Dickson, Esq. Sri S. i). Scott, Dart.
P. D. Hadow, Esq. li. D. Seymour, Esq.. M. P'.
J. 0. Hanson, Esq. Joseph Thornton, Esq.
G. P. Holroyd, Esq. ' Alf .ed Wilson, Esq.
J. G. Homere, Esq. M. Zarifi, Esq.

Henry J. Barker, Esq.,MANAGERS
and T. Fraser Sandeman, Esq.
SOLICITORS.
Messrs. Ashurst, Morris. and Co., and
Messrs. Edwards and Co.
The Association receives money on deposit for fixed periods.
Makes advances on approved securities.
Negotiates Loans, and undertakes General Financial Busi-
ness.
W. C. WINTERBOTTOM, Secretary.
Crosby House, 96, Bishopgate-street Within.

NORTH BRITISH AND MERCANTILE
INSURANCE COMPANY.
ThlsCompany isprepared to grant the public the full ya-ue
of the Reduction of Dnty—and..4o•-isskte Annual Policies,
chargin.z the reduced rate of dutv, fA.IId; per cent.. fro.n the
date when the change shall come into opnration.
They will then also issue Po for any amount, free of
charge for stamp.
Alt descriptions of Fire and Life Insuranc2 business trans-
acted at moderate rates.

Claims liberally settled.
This being the bonus year, Life Policies sh )uld be taken
out prior to the 31st December, to secure the ultimate ad-
vantages.

Accumulated Funds to 31st Del, 1861 £2,304,512 7 11
Annual Revenue from all sources 565,458 16 2
OFFICES.
London-61, Threadneedle•street,
West-end Branch-8, Waterloo-place, Pall-ItalL

LAW LIFE ASSURANCE OFFICE.
Fleet-street, London, May 24, 1805.
NOTICE IS HEREBY GIVEN, that in pursuance of the
provisions of the Deed of Settlement of the Law Life A'sur-
ance Society, a GENERAL MEETING of the Proprietors
will be held at the Socirty's Office, Fleet-street, London, on
SATURDAY, the 24th day of June next, at a quarter to
y, to elect Six Directors and
Two Auod'ictloorcsk,
go out of office by rotation
Twelve
wathennootnhopsreewcisheol
will be proposed for re-election ; also to elect One other
Director in the room of Keith Barnes, Esq., deceased ; also
to elect One other Auditor in the room of John Deedes, Esq.,
wbo has resigned that office ; and for gener.l purposes.
The Director to be chosen in the room of Keith Barnes,
Esq., deceased, will remain in office until the 24t i day of
June, 1867; and the Auditor to be chosen in the room of
John Deedes, Esq., will remain in office until the 2lih day of
June, 1866. • .

And further notice is hereby given, that in pursuance of
the provisions contained in the said Deed of Settlement, a
Special General ➢teetint of the Proprietors will be held at
the Society's Office as aforesaid, on Saturday, the 24th day
of June next, at Twelve o'clock at noon precisely. for the
purpose of declaring a Division of the Surplus of the Assur-
ance Fund of the Society, for the Five Years ending on the
31st of December last. _ _

And further notice is hereby given, that a Second Special.
General Sleeting will be held at the Society's Office as afore-
said, at half-past Two o'clock precisely, on FRIDAY, the
30th daj of June next, for the purpose of confirming the
Resolution which shall have been agreed to at such first
Special General Meeting,
And further notice is hereby given, that any person who
shall have been assured by the Society for Two whole years
may, on•production of his policy, and of the last receipt for
theeetin premium thereon, be present at such Special General
Dlgs. _ _ _

By order of the Directors,
WILLIAM SAMUEL DOWNES, Aetul

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Sold by W. Lambert, 8, King William-street, Charing-cross.
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stamp.

to the question before the Court, and he asserted he had
shown that this was not only a stage entertainment
within the meaning of the act, but also an interlude.
He trusted if the magistrate remained of the same opinion
as he was when he gave his previous decision, that
his friend Mr. Poland will do what he did not do before—
seek such an opinion as would give satisfaction to all parties,
and by which all parties would be bound.
Mr. Tyrwhitt—That was the proper course. It was im-
possible to shut our eyes to the fact that this was a com-
plicated matter, and that if ever there was a subject which
required the attention of the superior courts this was one.
Mr. Roberts—The Acts 10th Geo. 11. and 25th Geo. 11.
were passed under circumstances which had long ceased to
exist. He would call witnesses, and then he hoped the sensvi
of his own dignity would induce the magistrate, from the
indignity he had sustained in having the conviction quashed
after the able judgment he bad given, would induce him to
uphold his previous judgment.

Mr. Horace Wigan, lessee of the Olympic Theatre, said—
I went to the Royal Alhambra on the 20th May. I gained
admission by paying at the door. There were two places
for taking money. I found the place fitted up like a theatre,
with pit, stalls, and tables for refreshments, galleries, and
balconies with chairs. There were also places resembling
private boxes. I believe there were tiersof boxes —certainly
two tiers. There is a difference in charge between the re-
served stalls and the seats. There is an orchestra and a
stage. The orchestra has musicians, and there is a pro-
scenium and lights in the usual way. There is a full band,
and what I should call a curtain. When the curtain was
withdrawn I saw an Oriental scene. There is, as far as I
can recollect, every appliance of a theatre. There is a pro-
scenium and the plan of a stage. There was a scene painted
to represen an Oriental landscape, and pieces of scenes
painted toi,svp!.esent rocks. I saw a ballot divertissement.
Mr. PoTalid—!rajecrto that d.cignntinn of it.
Mr. Tyrwhitt—l shall allow it.
Mr. Wigan-4 saw a number of ladies dressed in the Ordi-
nary costume of ballet dancers—from 60 to 70. They came
in from a large aperture in the costume that I have described,
and then danced down; and those that first descended on the
stage performed a serpentine figure, so as to occupy the
whole stage. Mr. Wigan described the dancing, as it has
already been fully described, to the effect that some ladies
came forward, and that an avenue was formed for the pre-
miere danseuse to pass through. The principal danseuse
danced three solo dances. The dance finished by the prin-
cipal danseuses forming themselves into a sort of bouquet
or basket of flowers. It could not have been performed
without stage accessories.
By Mr. Poland—l only saw women on the stage. The
daggers were all one shape. They held out mimic poniards
and danced, holding out poniards. Believed they were
dressed alike. The audience were charged for admission.
People sat round the tables on chairs and benches. I did
not go with Mr. Donne. The Hon. Mr. Ponsonby is not
connected with the theatre. I do not know whether the
Hon. Mr. Bentinck is. I throw myself on the protection'
of the magistrate, and I do not feel bound to answer these
questions. No traps were used in the entertainment.
By Mr. Tyrwhitt—There was a great difference in the
performance. A ballet had a story, but a ballet divertisse-
ment had no story.
John M'Lean, a comedian, said—l got in by paying, and
I saw exactly what Mr. Wigan swears to. The ballet could
not be performed without stage accessories.
Mr. Milano, ballet-master—l saw the dagger dance per-
formed. It was originally produced at Drury-lane.
By Mr. Poland—lt was the same dance as in Azael per-
formed at Drury-lane. A ballet divertissement was danc-
ing with gesture. Should not call the movements in the
" Lancers" a gesture ; merely a polite movement.
Mr. W. Bonham Donne, in the Lord Chamberlain's Office

—I call it a ballet, and an entertainment of the stage.
By Mr. Roberts—The Lord Chamberlain has not been in
the habit of urging copies of directions for the ballet to be
sent to him. The ballet divertissement could be described
and examined. In future all ballets were to be sent in like
all other pieces. The Lord Chamberlain had interfered in
cases of the Italian Opera where the attire of the ladies
was objected to.

Mr. Poland said ho appeared at that court for the second

time for the purpose of discussing whether or not Mr.
Strange had violated the act of Parliament. Ho would at
the outset say that Mr. Strange having embarked a large
capital in the building was desirous of giving to the public
the best entertainment the law allowed, without interfering
with the rights of the theatres or violating the law. What
Mr. Strange contended for, now as before, was this, that as
he held a licence from the Middlesex magistrates for music
and dancing, the music and dancing which ho gave to the
public under the name of a ballet divertissement was war-
ranted under that license. The question whether this kind
of music and dancing was permitted by the Act of 25th
Geo. 11. had already been fully discussed at the sessions.
Mr. Roberts-1 deny that it was fully discussed.
Mr. Poland—The ballet had just been called an interlude,
itt it was certainly not an interlude in the legal sense. He
came back to the old question, what was the meaningof the
25th Geo. 11. This act licensed another class, and he had
admitted that Mr. Strange had no right to present one class
of entertainment because he had licence under a different
act of Parliament. It had been asserted that music and
dancing meant that the public were to dance only. But
were the public also to take their flutes and pianos and play
to their own dancing ? It was manifest that the meaning of
the act was that the public should go to these places, not to
perform, but to be amused. If a house was open to the
public under licence it was immaterial whether people paid
money to dance themselves, or to see others dance who
were paid to amuse them. The case of " Clark v. Serle"
had been cited, but that would be found to go against the
argument of Mr. Roberts.. The present was the first time
any distinction had been made between public dancing by
the public or by paid performers.
Mr. Tyrwhitt—When the act was passed there were no
places like the Alhambra.

Mr. Poland—The next question was, were the entertain-
ments at the Alhambra contrary to the Theatrical Act. In
the 10th Geo. 11., the word pantomime was omitted, and
not noticed until the 6th and 7th Viet., showing thereby
that the omission was noticed and supplied. Pantomime
meant an entertainment where there was action and plot
combined. But it was not possible to call pantomimo ac-
tion only a pantomime. Suppose the Lancers was danced

in plain clothes, would that would be pantomime ? Cer-
tainly not. Nor could it be made pantomime by dancing
the Lancers in fancy costumes. He thought it rather hard
that Mr. Strange should be dragged to that court to hear a
question discussed and decided over again because the
plaintiffs were dissatisfied with the decision of a superior
Court, which the Quarter Sessions was. It had been said

that the ballet must be a stage entertainment because thero
were stage accessories—that there were stage lights and
real water. But could any of these things affect the cha-
racter of the performance ? Attempts had been made by
witnesses to prove what were stage accessories but the
attempts reminded him of the old story of the author who
wrote an article about Chinese metaphysics. When asked
how he managed the matter, as he knew nothing about the
subject, he said, "I read in the Encyclopedia' the article
' China,' and afterwards the article Metaphysics,' and then
I compared the two, and wrote about Chinese metaphysics."
It was equally nonsensical to call dancing exhibitions an
entertainment of the stage by combining things that could
or did in any way affect the character of the performance.
What was an entertainment of the stage ? Would it
be a stage- entertainment if the part of "Hamlet " was
read, or a song out of an opera sung? Then, with respect
to sending a copy of the performance to the Lord Chamber-
lain, the Legislature never intended that a mere display
of pantomimic action should be described and sent. How
could a ballet divertissement be described so as to be un-
derstood by the Lord Chamberlain ? It must be stated
thus :—" Young ladies trip to footlights ; young ladies trip
back again from a line, and flourish daggers. Chief dancer
advances and flourishes one leg about. Chief dancer puts
leg to ground." This was all that could be sent, and cer-
tainly it was not what the Legislature intended the Lord
Chamberlain to receive. It was stated that why a copy ought
to be sent to the Lord Chamberlain, because if anything
improper were in the entertainment it could be stopped, but
if any breach of decorum occurred the magistrates could act
and put an end to it. The case cited did not show that any-
I thing of the kind performed at the Alhambra was a stage
play or entertainment. (Mr. Poland here went over the
cases cited by Mr. Roberts, and pointed out in detail that
they were not applicable to the question now before the
Court). Before he concluded, he would call attention to
another matter. Mr. Roberts had stated that the magi-
strate (Mr. Tyrwhitt) had allowed an indignity to be put
upon him.

Mr. Tyrwhitt—Do not trouble yourself about that. I
have a perfect disregard for the whole thing.
Mr. Poland—From the statement which has appeared,
you were under an entire misunderstanding when you
granted the new summons. You stated that the quarter
sessions came to the determination of not granting a case
previous to giving their decision on the appeal.
Mr. Roberts—What was stated was, that the Middlesex
magistrates anticipated that an application would be made
for'a case, and refused to grant ono.
Mr. Poland—lt is not likely the magistrates would have
come to any such determination. What really took place
was this

Mr. Tyrwhitt—l must say I read the statement in one o
the papers.
Mr. Roberts—lt appeared in The Times.

Mr. Tyrwhitt—The application foranother summons was
founded on a fresh offence. I could not refuse it ; and the
plaintiff, if he is disatisfied, has a right to have the matter
heard over and over again.
Mr. Poland—l will set the Court right with respect to
what occurred at the sessions. After the case was discussed
tho magistrates retired to consider their decision. They
did come to a decision, and then they took the question of

PRICE 4d.
STAMPED sd.

granting a case, should it be applied for, into consideration.
When the magistrates entered the court and declared their
decision, in reply to an application for a case, they said
" We discussed the matter after we had arrived at our de-
cision whether we should quash the judgment subject to a
case or without a case. We decided to quash the judgment
'without giving a case." I make this explanation to show
that the law was in no way ignored—that the matter was
fully discussed.
Mr. Tyrwhitt—Mr. Wigan was not satisfied with that
decision.

Mr. Poland—How many decisions will satisfy Mr.
Wigan ? He has brought us here three times. I may say—
" Thrice the brindled cat hath mew'd,"
but, perhaps, if I accompany this quotatian from Shak-
spero with gesture it may be deemed a stage play. It is a
great hardship on Mr. Strange, when he had gone to a
great expense to take the case to the quarter sessions, that
he should be dragged here again and again. Mr. Roberts
had stated that the majority of the legal profession dis-
approved of the decision at quarter sessions. He believed
the reverse was the fact. He trusted that this decision
would be such as to be final, especially after the expendi-
ture of between £2OO and £3OO by Mr. Strange.
Mr. Tyrwhitt--All I can say is, that Mr. Wigan has a
right to come here and get another summons if not satisfied
with the decision of the magistrates, by which he need not
be bound. The public at large cannot enter into the sub-
ject. They go to the Alhambra where no doubt they find
plenty to eat and drink, and they are satisfied. But this is
a dry question of law, and must be decided as such. I
adhere to my former opinion, which however may be again
upset. I practised for some years at the bar ; my experi-
ence has been mainly confined to Westminster Hall, and
country sessions, but I have not had much to do with the
iiiiddlesez. Sessions. What I shall now do will be to dis-
miss the summons„-&-eOll-1150-of which no-one kaa 4-t4kt to
complain, as I shall be ready to grant a case for any court
that may be decided upon. I trust that now these ques-
tions will be removed for ever from courts like this.
Tho summons was then dismissed.