The Sun.
London, England, 1849-08-29 00:00:00

MARLBOROUGH-STREET.

Thomas Alexander Beale, the ostensible proprietor
of the Saloon, Piccadilly, appeared yesterday to an
information laid by► the police for knowingly per-
mitting and suffering prostitutes to congregate in his
house and to remain there.

Mr. Beresford, the superintendent of the C division,
said, in consequence of the complaints to the Commis-
sioners, the police were instructed to ascertain if the
saloon was conducted in an irregular manner. The
complaints were to the effect that music and dancing
were indulged in to the annoyance of the inhabitants
up to a very late hour in the morning. On Tuesday
night last witness, accompanied by a number of con-
stables, paid a visit to the Saloon. He found a great
number of men and women in the saloon having re-
freshments. At least twenty of the women he knew
were common frequenters of the Quadrant. He did
not hear any disturbance, nor did he see any intoxi-
cation. There was neither music nor dancing at the
time.

Police•sergeant Burnett corroborated the superin-
tendent's statement, and, in addition, stated that at
least fifty or sixty women were in the room at the
time, the majority of whom were prostitutes.
A police-constable, who was stationed at the door
on the night in question, said be saw at least seventy
women enter the Saloon and remain for some time,
moat of whom he knew to be street-walkers.

Mr. Woolridge, surgeon, Jerrnyn• street, said his
house was situated exactly at the back of the Saloon.
For the last six months the frequenters of the Saloon
indulged in music and dancing from twelve until
about four o'clock in the morning, during which time
it was impossible for him or his family to get any
rest. In consequence of the nuisances which these
junkettings•caused to him, he had made a complaint
to the police, and the present proceedings had resulted
from that complaint. He could not say that music
or dancing was going on at the time when the police
paid their visit to the Saloon.
Mr. Clarkson, who appeared for the defence, con-
sidered that he had nothing to answer according to
the evidence before the Court. Witnesses had not
shown that any drunkenness or disturbance was•
taking place, or that anything more was going on than
that numbers of men and women were conversing and
taking refreshment together. Admitting that some
of the women were of loose character, that he appre-
hended would not induce the Court to convict, as a
conviction would be totally opposed to a decision
given some time ago (he believed by the very magis-
trate whom he then had the honour of addressing)
that the mere assembling together of prostitutes for
purposes of refreshment did not constitute such an
offence as brought the owner of the house within the
meaning of the Act.
Mr. HARDWICK admitted the full force of the
Learned Counsel's remarks, but at the same time
could not but feel the force of the stringent language
of the Act, which recited that no keeper of a public-
house or other house of entertainment should know-
ingly permit or suffer prostitutes to congregate or
remain therein. The Act was directed against those
houses where prostitutes were encouraged to congre-
gate at late hours, and where drunkenness and dis-
orderly conduct occurred. It was impossible to con-
ceive a greater nuisance to a neighbourhood than a
house where prostitutes congregated, who came into
the streets drunk at late hours and created a disturb-
ance. Against such houses he was determined to
direct the full weight of the law, not only by the
heaviest fines, but by causing the licences to be with-
held altogether. But where it was only proved that
unfortunate women assembled for the purpose of re-
freshment, he certainly did not feel justified in inter-
preting the Act rigidly, for if he did so he should be
obliged to exclude them from all houses of entertain-
meat, and must debar them from the opportunity o f
obtaining refreshment in any public-house. Their
lot was unfortunate enough, and he could not bring
himself, by a harsh interpretation of the law, to
aggravate its bitterness in virtually excommunicating
them from all society. If he did apply the Act in such
cases as those in which it was proved that prostitutes
were in a public-house for purposes of refreshment
only, then he must extend it to every case in which
it was shown that two women of loose character were
seen in a public house under any circumstances.
This he could not consent to do, and he must, there-
, fore, give those cases the benefit of a doubt where
nothing more had been proved than in the present
case. According to the evidence neither dancing,
music, intoxication, or disturbance, was in operation
when the police entered the Saloon. The parties
were only refreshing themselves, or in conversation,
and as this did not constitute a sufficient breach of the
Act ; he should dismiss the case.
The superintendent made some inquiries relative to
music and dancing in the Saloon.
Mr. HAanwicx said, if music and dancing took
place without a licence the law appointed a mode of
proceeding, and in case of conviction, a very heavy
penalty.