The Sun.
London, England, 1867-04-29 00:00:00

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N EWS PAPER
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DR4MATIC PERFORMANCE
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At the Middlesex Sessions on Saturday, Mr. Frederick
Strange, the managing director of the Alhambra Palace,
appealed against a conviction of Mr. R. P. Tyrwhitt, dated
Jan. 22d, 1867, on a summons which averred that he did
"unlawfully keep a certain house or other place of public
resort in Great Britain—to wit, the Alhambra Palace,
Leicester-square, for the public performance of stage plays
without authority by virtue of letters from her Majesty or
her predecessors, or license from the Lord Chamberlain of
her Majesty's household, or her Majesty's justices of the
peace for the s•tid county, within which the said house or
place is situate (the sane house or place. not being a booth
or show excepted from the statute), as in the Art of the
Hones of Parliament, Gth and 7th years of her Map,sty,
cap. Cti, fur re:7nlating theatres, contrary to tha statute in
that case made and pr9vidol."
Mr. Harding Ginn' said he. appeared in support of the
conviction, which was made under the Gth and 7th Vict.,
which regulated theatrical representations, and it prescribed.
certain licenses which should bo granted for the perforny
arm, of stay plays; and the interpretation clause of ,that
act defined what should be considered n tragedy, eomedy,•.
farce, burlesque, pantomime, or a part thereof. Ho should
call the attention of the court to what he considered to be
a pantomime, or a part of a pantomime, which, if his inter-
pretation were correct, had been performed at the Alham-
bra without any license for such performance. The learned
counsel then proceeded to glance at the principal incidents
contained in the piece complained of, and when ho proved
all these facts he should ask the court to confirm the con-
viction.

Mr. Geo. Frederick Leicester, an actor, said he witnessed

the performance of the piece entitled " W here's the Police" ?
which was supported by the regular pantomimic chat-ac-
tors, who went through the usual business. There were
tricks and changes.

Mr. Sergeant Ballantine addressed the court on behalf
of "the appellant, and contended that no stage play could
exist without a consecutive plot, and without it could not
come within the statute, which being a penal one, those
who promoted this prosecution were bound to prove the
whole of their case. The act of the 22d of George IL,
under which these performances took place, licensed
places for "music, dancing, and public entertainments of
a like kind " Therefore it was quite clear that the Legis-
lature never intended to confine them to merely music or
dancing, without trenching upon what was understood as
a theatrical performance. lie contended that this case was
identical with that which had been decided in that court,
and one of the best judges who had ever sat in Westmin-
ster-hall had upheld their opinion by saying that they wore
the proper persons to determine this question. Then it was
only a part of a pantomime, and ho was sur• his learned
friend would not say that a speech taken out of a play or a
part of a ballet taken from a theatre constituted a stage
play. Having alluded to the incidents of the ballet which
were mentioned at the hearing of the former case, the
learned sergeant said, if ho was right in his view that dis-
joined incidents could not be considered a stage play, then
he was entitled to the judgment of the bench in his favour.
After some other observations, the learned sergeant said
that this was a question of law and not of sympathy; that
the other side had failed to make out their case, and that
the conviction must be reversed.
The magistrates retired to consider their decision. On

their return,
The Assistant Judge said, considering the importance
of this question, and how much these places contributed
to the entertainment of the public, as the subject had
already been considered by a. Parliamentary committee, it
would be desirable if there was some enactment upon it ;
but the Court had to give its opinion upon the question
raised, and deal with it as a matter of fact, independent of
any other considerations. The Court had been pressed
much by a former decision, and it would be unpleasant to
reverse its decision ; but there was a great distinction be-
tween this and the former case, and, taking all the facts
of the case into consideration, and what had even been
admitted by the learned counsel for the appellant, the
Court was unanimously of opinion that this representation
was part of a pantomime, and that the conviction must be
affirmed.
Mr. Sergeant Ballantine asked the court to postpone the
enforcement of the penalties for throe months, pending the
inquiry by Parliament, for if an act were passed no doubt
there would be a clause inserted to deal with pending

penalties.
Tho Assistant Judge said they had nothing to do with
that. He would make no order as to costs.

PIGEON SHOOTING.

GUN CLUB.

The weather being favourable a large muster of the
members of this club met at their shooting-ground,
Shepherd's-bush, on Saturday last, and during the after-
noon no less than nine one sovereign sweepstakes were
shot off. Lord Stormont, the newly-elected president of
the club, was present for the first time this season, and
proved by his shooting that ho was in first-rate " form."
The following are the results :
FIRST SWEEP.—This was divided between Capt. Bur-
nand, 27, Mr. J. Hodson, 251. Captain Ricardo killed two
out of three, and the others missed their first and second

birds.
SECOND SWEEP.—Captain Ricardo, 24, and Mr. DaNies,
26, each killed their first three birds, and in shooting off
both killed, so they divided. Mr. A. B. also killed three,
but failed to bring down the foarth.
THIRD SWEEP.—This was won by Mr. Rudd, 28, he
having killed all three. Captain Burnand and Mr. Smith
killed two each, but failed to score their third.
FOURTH SWEEP.—Lord Stormont, 28, was the winner
of this sweep, after having tied with Captain N. and A
Burnand and Mr. Gregory.
FIFTH SWEEP.—Mr J. H., 261, Mr. A. 8., 25k, Mr.
Gregory, 27k, Captain Ricardo, 27}, and Mr. Hammersley,
22, all killed'two out of throe, and in shooting off all missed
but Mr. A. 8., so the latter won the sweep.
SIXTH SWEEP.--This was won by Mr. Charles Hambro,
27, who succeeded in bringing down all three.
SEVENTH SWEEP.—Mr. M. Smith, 27, woO, after having
tied with Sir Charles Lugard.
EIGHTH SWEEP.—Mr. A. B. won by killing all three,
Captain Stewart and Lord Stormont brought down two
but missed their third.
NINTH SWEEP.—Eight gentlemen shot in this sweep.
Sir Charles Lugard, 2G, and Captain Stewart, 27, killed
all their birds, so they