The Sun.
London, England, 1840-08-21 00:00:00

BO W-STREET.

INFORMATION AGAINST THE NEW STRAND THEA-
TRE—AN INFORMER DEFEATED.—Yesterday, Mr.
Charles Melville, 31r. Curries Selby, and Mr. Frede-
rick Salter, actors at the New Strand Theatre, appeared
before Mr. Henry, at the instance of Atkinson, the
common informer, to show cause why they performed
dramatic pieces in the theatre without being duly li.
censed according to the provisions of 10th Geo. 111.,
cap. 20.
Mr. Chambers appeared for the defendants.
The information set forth that they, being persons
without any authority by patent from her Majesty the
akQcctniluieoaeamwme
nenb,,tasr
certainnl
Chamberlain
ihanen withoutoepNsrlehci
wiens
stahhtnraedavnci
deputy,noi gun Theatre,noa
tnncyeytrhotaaefu tn2:oipi
tndrrhiedtt
premises
syreepoxsoam,
of July
called
oydt
t.Lordhaasetsltldt
h
id
and there represent and perform a certain farce and en-
tertainment called Hunting the Turtle, without hav-
ing any such patent, licence, or authority, for hire, gain,
and reward, against the statute, &c. ; for which they
had forfeited the sum of 50/., to be distributed as the
Act directs and appoints, Sze.
Mr. Chambers said that although he appeared for
the three defendants he did not profess to do so until
the service of the summons was proved.
Atkinson said that before such a course was adopted
he should like to know if a gentleman from the Lord
Chamberlain's office was in attendance, as he had caused
a summons to be served upon him'
Mr. Tupper, the gentlemen alluded to, shortly after
came into Court, and the case of Mr. Selby, one of the
defendants, was proceeded with.
Constable Earl, F division, proved that on Friday last
he served the defendant personally with a summons, of
which that produced was the original.
Atkinsonsum
on s saidfor
the
thatci e
fe
nandoatni notice e
to had
obdeuecne
happendede t
if
the m
any such was in existence.
Mr. HENRY was of opinion that the summons was
served upon the defendant for his attendance at the
Court, to answer the information, and it remained for
the party complaining to show if he had been guilty of a
breach of the law as stated in the information.
Mr. Nichols, the clerk, having read the information
against the defendant,
Mr. Chambers said he did not wish to make any ob-
servations respecting the technical difficulties of the in-
formation, but would call upon the complaining party to
bring forward proofs of the case.
Edward Brown, describing himself as an attorney's
clerk, and producing play-bills and a book of the piece
in question, proved that on the night of the 28th July,
he went to the Strand Theatre, where he saw the farce
of Hunting the Turtle played, with various other per-
formances.
Mr. Chambers—You must put that printed book
away, for I know you wish to give your evidence by
reading the title-page.
Witness denied that lie was reading it. He paid
2s. entrance mousy, and one penny for a bill. The
defendant was on the stage at the time, perform-
ing in the character of Mr. Levingson. The theatre,
he believed, was is the palish of Clements D.,;;,5,
and he did not know if he had got any license.

Mr. Chambers—Now say, on your oath, do you
know that he has got a license ?
Witness—No, he has not.
Mr. Chambers—ls that all the evidence you have to
offer ? Atkinson—Yes, my case is closed.
Mr. Chambers—Then I have no observation to
make.
Mr. HENRY—Under such circumstances there must
be an end to the case.

Atkinson—According to the provisions of the Act,
I consider that the defendant is liable to the penalty,
having taken a part in the performance on the night in
question.
Mr. HENRY—That may be, but you have failed to
show that he performed for hire, gain, or reward, al-
though it has been proved that money was taken at the
door.

Atkinson—l shall be prepared, in another case, that
the defendant did so.
Mr. HENRY—The case is dismissed—
Mr. Chambers—And I hope with costs.
Mr. HENRY said he would not settle that part of the
question until the other eases were disposed of.
The case of Mr. Salter was then called, and after the
information was read over, .

The witness Brown proved that, on the same night,
he went to the theatre, where he witnessed a farce on
the stage.
Mr. Chambers objected to the term " farce" being
applied to the piece that was performed.
Atkinson—Did you see a representation on the
stage ? Witness—Yes ; I saw the Hunting the Turtle
played.
Mr. HENRY—Do you call it farce, for that is the
expression used in the Act? Witness—Yes ; I call it
a farce.

Atkinson—You saw the defendant—what was he
doing ? Witness—Yes ; I saw him. He was watering
flowers and acting as a soldier on the stage.
Atkinson—You know what parish the theatre is in ?
Witness—lt is in St. Clements Danes to which the
taxes are paid.
Atkinson—You say that you paid money on enter-
ing ? Witness—l paid 25., and afterwards got a bottle
of ginger beer. _ _

Atkinson—l cannot carry the case any further, your
Worship.
Mr. HENRY—Then it must be dismissed as well as
the other.

Atkinson—And I must withdraw the next case,
your Worship.
Mr. HENRY—Then they are all dismissed.
The crowd of persons connected with the theatre,
who had collected in the court, anxious to know the
issue, on hearing how the cases had terminated, ex-
pressed themselves in terms not to he misunderstood by
the unfortunate common informers, who now discovered
that they had got into a dilemma they did not calculate
upon when they laid the information.
Mr. Chambers then rose and spoke as follows :—I
have very strong reasons, which I shall shortly state,
why I should apply for costs in each of the cases 'which
have just been dismissed. It is quite true that the law
inflicts a certain penalty upon persons found infringing
upon the Act under which the informations have been
laid, and it is also quite true, that in this great metro-
polis, where, each night throughout the entire year,
theatrical pieces are represented, there should be found
a number of persons ready to lay complaints against
performers, for the purpose of extorting money from
them, which might be the case whether they go to the
theatres in the east or the west, or cross the water into
the Surrey parts of town ; and it is also perfectly
true, that information might be given against all the
performers, and heavy penalties inflicted, under the
10th Geo. 111. It was also beyond dispute, that when
MadanneVestris opened the Olympic, there were not only
burlettas, vaudevilles, and farces played, and that no
respectable person connected with the Government,
ever came forward with a complaint ; but it does so
happen that no Government prosecution was ever pre-
ferred against them. This prosecution was brought
forward, without any possible excuse, except the worst
motives ; and I am entitled to say, from what was
heard to fall from the witness, that should the cases
which have just been dismissed have turned out in a dif-
ferent way, he would be prepared for a prosecution
against thirty actors, which would not be the case if
he had armed himself with the names of the proprietors,
unless he was guided by improper motives. Without
intending any insult to the gentlemen for whom I ap-
pear, I am bound to say, that they support their
families by their abilities ; and while they are by their
talents affording amusement to the public, I cannot
forget that they are not a rich class. While we drop
our two shillings or four shillings into the box of the
receiver, we should re►aember that we do so not only
in consideration of the talents of the performers,
but also to contribute to the support of their fami-
lies—(Applause)—the salaries of such actors being very
slender. I would draw your attention to the late case of
Drury-lane Theatre. When Mr. Hammond took it, he
was followed by several actors from the country, who
were willing to hazard their fortunes and time in the
speculation, and when he failed, they shared in his mis-
fortunes. Persons pursuing the profession the defen-
dants did could ill appear in Courts of Justice, when
they might be called upon to pay a penalty of 50/. each,
and in order to make such persons as the complainant
more cautious in future of bringing forward such cases,
I submit that he ought to be compelled to pay the
costs, particularly in the present instance, where the
failure has been so complete. Any person passing by
the Strand Theatre within the last few nights must
have seen that it had been closed in consequence of
these proceedings, and who knows but that tinny
hungry mouths may have been caused by it. The
complainant has not considered how much mischief
he was entailing on the defendant by bringing forward
these informations, for he had actually taken horn their
pockets the counsel's fees, and as the Act had been
tortured to bring each of them into Court, they bad
acted most wisely in employing professional men be
fore they would subject themselves to such a penalty,
for the witness had said that there would be thirty-three
others. I submit with confidence, that the gentleme❑
are justly entitled to remuneration for the loss of time
while the theatre was closed, and for the injury in-
flicted upon them.
Atkinson said, that if there were not other grounds
in the Metropolitan Police Act, there was no reason
why they should have closed the theatre, and feel
alarmed, and he would rest upon the grounds of their
being alarmed.—(A laugh.)
Mr. HENRY asked if there was any evidence to show
the expenses the defendants had been put to.
Mr. Cuming, the defendants' solicitor, said that the
lowest amount he could charge was two guineas each.
Mr. Pyle, a solicitor for the informer, who had just
entered the Court, said, that such expenses do not come
within the Act.

Mr. HENRY observed, that " to award such costs as
seemed meet to the Magistrate," were the words of the
Act. If the cause had been dismissed on technical
grounds the costs would be more limited ; but as the
merits had been gone into, he had power to award costs
and amends. He would, however, take the milder
course, confining himself to costs, and order the informer
to pay two guineas to each of the defendants, or go to
prison for one month.
Atkinson—Although I give security for the payment?
Mr. HENRY—There may be a distress unless you
pay within eight days ; but if you are prepared with
security I shall accept it.
Mr. Pyle was then accepted.
Mr. Chambers asked what goods the informer was
possessed of, in case of a distress warrant.
Atkinson—Household furniture in two rooms.
Mr. Chambers—Take care they are not removed
within the time.

Atkinson—l assure you they shall not, Sir.
Mr. Chambers—l am afraid of you.
Atkinson—That's more than I am of you.
The parties then left the Court.

WORSHIP-STREET.

BILL DiscouNTlNG.—James Barrett, a well-dressed
man, was placed at the bar before Mr. Grove, upon a
charge of having fraudulently obtained possession of a
bill of exchange for 151., and 91 pounds of leather, va-
lue `2O/., the property of Mr. Archer, a shoemaker, re-
siding at Warwick.
It appeared from the evidence of the prosecutor (who
was an elderly man, apparently imbued with no small
share of rustic simplicity), that he had come to
London on business, and was proceeding along
Holborn about three weeks ago, when he met the
prisoner in the company of an old gentleman named
White, with whom he had formed a slight acquaintance a
few years ago. He entered into conversation with
White, and happened in the course of it to mention
that he was rather pressed for ready cash, which he
was desirous of raising on a bill with other more
substantial security ; upon hearing which White intro-
duced him to the prisoner, his companion, who, he as-
serted, would willingly oblige him, as he was an exten-
sive bill-broker, an assertion which the prisoner confirm-
ed, with the observation, " Yes, William, I think about
15,0001. to 20,0001, a year pass through my hands in
such transactions." The prosecutor thereupon invited
them into a neighbouring public•house, where he en-
dorsed the bill and handed it to the prisoner, who, on
receiving it, said that he had not the money about him
at the moment, but he would meet him with it on
the ensuing morning at a house in Wormwood-street,
Bishopsgate, and the prosecutor, on his part, en-
gaged to bring with him 201. worth of leather as
a collateral security, as he was a stranger. The
prisoner, with his friend White, was faithful to his ap•
pointment, and it was arranged that they should all re-
pair to the shop of a shoemaker named Farr, near
Shoreditch Church, for the purpose of ascertaining
whether the leather formed an adequate security. upon
examining it, Mr. Farr pronounced it to be amply ade-
quate, on which the prisoner expressed himself perfectly
satisfied, and requested the prosecutor to accompany
him into the city to receive the amount of the bill.
Having placed the leather under the care of Mr. Farr,
they proceeded to Garraway's, where the prisoner left
the complainant and White, and after three hours'
absence he returned, and told them he had met with
~expected disappointment. " The. fact is,' said
he, " a bill for 1001., drawn upon Sir Robert Peel's

steward, has been returned upon my hands, in con- t
sequence of his having broken the neck of a valuable
hunter, which he has been compelled at great cost to re-
place, but if you meet me at twelve to-morrow you'll
be sure to have the money." Instead of attending the
appointment, however, the prisoner sent his friend White
with some frivolous excuse, and the prosecutor saw
nothing of him until several days afterwards, when he
met him by accident, and insisted on receiving a voucher
for his bill, or having it returned. The prisoner ac-
cordingly prepared a document, written upon a dirty
scrap of paper. After giving him the memorandum,
the prisoner expressly promised to meet him the next
day and bring the money ; but he failed to do so, and
the prosecutor, becoming alarmed, hastened to the shop
of Mr. Farr, the shoemaker, with whom the leather had
been left, to see that it remained safe. On his arrival he
found the prisoner in the very act of packing it up to carry
off, and the shoemaker said he hal represented it as his
own property, and asserted that he had obtained a cus-
tomer for it. The shoemaker added that the prisoner
had already taken away a portion of it, and had bor-
rowed from him a sovereign on the remainder. During
the conversation the prisoner hastily withdrew, and the
prosecutor soon afterwards gave information of the
transaction at the station-house. The prisoner had
pledged part of the leather, and a portion of the residue
was detained by the shoemaker as a security for the
sovereign he had lent him. The prosecutor met him
that morning, and gave him into custody.
The prisoner, upon being asked if he wished to say
anything, produced a bill, which was handed to the pro-
secutor, who, on inspecting it, said that it was the one
he entrusted to the prisoner.
The prisoner, who called himself a bill-broker, at-
tempted to prove, through a Jew witness, the payment
of money, but he failed, and Mr. Grove remanded him
until next Tuesday, refusing to, take bail. The bill-
broker was then ushered into a cell.