The Sun.
London, England, 1861-02-27 00:00:00

FROM TILE GAZE7TE OF LAST NIGHT.

WAR-OFFICE, FEB. 26.
The Queen has been graciously pleased to give orders
for the appointment of Colonel George Everest, on the
Bengal Retired List, formerly Surveyor-General of India,
and Superintendent of the Great Trigonometrical Survey
of that country, to be an Ordinary Member of the Civil
Division of the Third Class, or Companion., of the Most
Honourable Order of the Bath.
WHITEHALL, FEB. 25.
The Queen has been pleased to appoint the Right Hon-
ourable the Lord Mayor of the City of London • Major-
General Sir Joshua Jebb, K.C. ; John ihwaites,
Esquire, Chairman of the Metropolitan Board of Works;
Captain Douglas Galton, of the Royal Engineers;
Edward Burstal, Esquire, Commander in her Majesty's
Navy, Secretary of the River Thames Conservancy Board;
Henry Arthur Hunt, Esquire, Surveyor of Her Majesty's
Works and Public Buildings; and John Robinson McClean,
Esquire, to be her Majesty's Commissioners to examine
into Plans for embanking the River Thames within the
Metropolis.
FOREIGN-OFFICE, JAN. 3.

The Queen has been graciously pleased to appoint
Laurence Oliphant, Esq., to be Secretary to her Majesty's
Legation in Japan.
CROWN OFFICE, FEE. 22.

The Queen has been pleased, by letters patent under the
Great Seal of the United Kingdom, to give and grant to
George Hayes, Serjeant-at-Law, place and precedence at
the Bar next after Archibald John Stephens, Esq., one of
her Majesty's Council learned in the Law.
The Queen has been pleased, by several letters patent
under the Great Seal of the United Kingdom, to constitute
and appoint the following gentlemen to be of her Council
learned in the law, viz. :
William Dugmore, Esq., of Lincoln's-inn.
William Anthony Collins, Esq., of Lincoln's-inn.
Anthony Cleasby, Esq., of the Inner Temple.
Henry Warwick Cole, Esq , of the Inner Temple.
John Fraser Macqueen, Esq., of Lincoln's-inn.
Thomas Chambers, Esq., of the Middle Temple.
Edwin Plumer Price, EQq., of the Inner Temple.
Josiah William Smith, Esq., of Lincoln's-inn.
Richard Bagallay, Esq., of Lincoln's-inn.
Henry Mills, Esq., of the Middle Temple.
The Hon. Adolphus Frederic Octavius Liddell, of the
Inner Temple.
William Baliol Brett, Esq., of Lincoln's•inn.
John Burgess Kerslake, Esq., of the Middle Temple.

William Digby Seymour, Esq., of the Middle Temple.
John Duke Coleridge, Esq., of the Middle Temple.
The lion. George Denman, of Lincoln's-inn.
George Mellish, Esq., of the Inner Temple.
FEB. 23.

Thomas Wheeler, of the Middle Temple, London, LL.D.,
was this day called to the degree of a Sergeant-at-Law, by
writ under the Great Seal of the United Kingdom.

MEMBER RETURNED TO SERVE IN THE PRESENT
PARLIAMENT.

Borough of Pembroke—Sir Hugh Owen Owen, Bart., in
the room of Sir John Owen, Bart., deceased.

BANKRUPTS.

William David Simpson, brick maker, Crayford, Kent,
to surrender, March 8, at half• past twelve, and April 11,
at one, at the Court of Bankruptcy.
John Blunsom Hutt, stationer, Cambridge, March 13,
at half-past one, and April 10, at one, at the Court of Bank-
ruptcy.
William Teale B Bingham, auctioneer, Gresham-street,
March 8 and April 9, at two, at the Court of Bankruptcy.
Edwin Botting, grocer, Brighton, March 13, at one,
and April 10, at twelve, at the Court of Bankruptcy.
Thomas Moore, licensed victualler, St. Albans, March 12,
at half-past two, and April 12, at twelve, at the Court of
Bankruptcy.
Francis Brotherton, innkeeper, Middlesborough, York-
shire.

Joshua Barnsley, hay dealer, South "Wingfield, Derby-
shire.

James Westbury, innkeeper, Gloucester.
James Carey, bootmaker, Tonbridge-wells.

William Griffin, smith, Cradley-heath, Staffordshire.
John Smith Whittaker, cooper, Great Grimsby, March
20 and April 10, at twelve, at the Townhall, Kingston•
upon-Hull.
Isaac French, cheese factor, Manchester, March 12 and
April 9, at twelve, at the Manchester District Court.
SCOTCH BANKRUPTS.
D. Crawford and Sons, dyers, Milncroft, Glasgow.
James Galt, farmer, Whiteshaw, Carluke.
John Wight, stabler and horse dealer, Edinburgh.
Ronalds and Company, carpet merchants, Paisley.
John Carlyle, cattle dealer, Shaw, Dumfries.
John Davie, merchant, Glasgow.
Archibald Macalister, farmer, West Clyth, Caithness_
shire. ;

COURSE OF EXCHANGE.—YESTERDAY.
isimsterdam
Ditte
Etotterdam — 12 01 .12 1
Antwerp
Brussels — 25 65 25 72i
Haraturgh
Paris
Ditto
larseilles — 25 75 25 80

Frankfort on Maine
Vienna

1192
15 35

1191
15 60

Trieste
?etersburgh

15 35
331

15 60
33!

Berlin

Madrid

Cadiz

Leghorn
Milan

2.5 95
25 qi

26
25 871

Genoa

25 80

25_87/

Naples
Palermo
Messina

Lisbon

Oporto
Rio Janeiro

39}
118
118

39i
1183/4
1183/4

New York •• ••
Foreign Gold in Bars (Standard)....per oz. £3 17 9
Mexican Dollars
_ _

0 0 0 Silver in Bars (Standard)

South American Doublons

THE MAILS.

THE THEATRES V. THE MUSIC-HALLS'.

The following appeared Ina portion of our impression of
yesterday eyening : -

The summons taken out on the application of Benjamin
Webster, Esq., lessee ofthe Theatre Royal Adelphi, against
Mr. Charles Morton, proprietor of the Canterbury-hall, for
illegally representing " stage plays," was heard this day at
the Lambeth Police-court, before Mr. Elliott, the presiding
magistrate.

The court was crowded with professionals, amongst
whom were W. Batty, Esq., of Astley's Amphitheatre;
Mr. Shepherd, of the Surrey, Mr. Towers, of the Victoria,
Mr. Swanborough, of the Strand, Mr. Wigar, of the St.
James's, Mr. Creswick, of the Surrey, and Mr. Nelson Lee,
of the City of London Theatre.

Mr. Cole said he appeared there to support a summons
which had been taken out by Mr. Benjamin Webster,, the
lessee of the Theatre Royal Adelphi, against Mr. Charles
Morton, a very respectable gentleman, who was the pro-
prietor of the Canterbury-hall, for an infringement of the 6
and 7 Vie., cap. 63, which was an act regulating theatres,
and was passed in the year 1343. Since that act had passed
the Legislalure Mr. Morton had erected the Canterbury-
hall, to which In had also added a picture gallery. The
great success attending the establishing of music halls had
led to the erection of them in nearly every street in the me-
tropolis. In these places the proprietors, not content with
complying with the provisions of their music licences, had
permitted all the usual accompaniments of a theatrical re-
presentation to be used in their establishments. They had
scenery, dresses, and—
Mr. Stanley wished that Mr. Cole would confine himself
to the Canterbury-hall, and not mix it up with other places
of entertainment.

Mr. Cole said he had described the music halls gene-
rally. •In the present proceedings, although by appear-
ing as a principal, Mr. Webster was merely the re-
presentative of the London managers, and the summons
had been taken out after a meeting of those gentlemen had
been held, at which it was resolved, as Mr. Webster was
one of the'oldest and most successful members of that body,
he should represent them on the present occasion. There
Was no vindictive feeling intended to Mr. Morton, but as
that gentleman was looked upon as the leviathan of music-
halls, or, in fact, the originator of that species of enter-
tainments, it was thought that he would be the most proper
person to proceed against. The infringement he complained
of was the representation of a pantomithe, which was most
extensively advertised, entitled " The Enchanted Hash,"
and he could not entertain the slightest doubt, after the
evidence had been heard, that it would be considered to be
" a stage play" within the meaning of the act, and there-
fore he had rendered himself liable to the fines which the
act gave the magistrate the power of inflicting. Mr. Cole
th3n read nearly the whole of the " Enchanted Hash,"
which created the greatest laughter in court, and then called
the following evidence:—

Mr. C. J. James said—l am lessee of the Queen's
Theatre, Tottenham-court. road. I have been lessee for
twenty years, and have produced pantomimes every year.
On the 19th of February I went to the Canterbury-hall in
company with Mr. Smith of the Adelphi and another gentle-
man. I sat in the balcony, and saw there was a raised plat-
form. I purchased a book of the pantomime as I went
in, and prompted as tha performance took place. I
found there was a slight alteration, but nothing important
was omitted. I should not call it a duologue, but a pan-
tomime. I cannot say whether one or twelve persons
were engaged in its representation, the changes were so
excellently done. I never saw more than two persons on
the stage at once. fsaw the two usual pantomime demons
and the fairies. Although I could not admire the beauty
of the ladies, they worn the usual short sk.rts of the ladies
of the ballet. The demons had large masks on, and in fact
all the accompaniments of a pantomime. I recollect seeing
the trick of the mutton pie ; it changed to " pussy pie,"
and kittens were taken out of it. I considered it an excel-
lent bit of stage business, as it is so well done. I should
have liked it in my pantomime ; it was so capitally done.
Cross-examined by Mr. Sleigh, counsel for Mr. Morton
—I speak as a lessee, not as an author. I don't know
when the present proceedings were commenced. I received
a note to attend a meeting of the lessees, and it was decided
that Mr. Morton should be the first person proceeded
against. I consider Mr. and Mrs. German Reed's enter-
tainment decidedly dramatic. That entertainment would
have been proceeded against, but Mr. Morton was pre-
ferred. I have never been to Evans'. Indeed I have never
been in any of the music halls, with the exception of the
Canterbury. I have read the " Hash" attentively. I
cannot tell what is the plot ; I don't think there is any.
Mr. Sleigh—lf this is a pantomime, it must have a plot.
What is the plot ?
Witness—There may be a plot, but I cannot see it.
Mr. Sleigh—That is scarcely a candid answer. Come,
tell what is the plot.

Witness—l cannot say there is one at all. It is very
slight. I cannot tell the magistrate what the plot of "The
Enchanted Hash" is.

Mr. Sleigh—You have said a pantomime must have a
plot. Is there a plot in the " Enchanted Hash ?"
Witness—l cannot say there is. I don't consider the
sprites a theatrical performance, as there is no business.
The Canterbury is admirably conducted as a place of pub-
lic entertainment.

Re-examined—l consider what I saw was in fact a pan.
tomime.

Mr. John Johnstone—l have written pantomimes. I
went to the Canterbury on the 19th of February. I saw
the "Enchanted Hash." I consider it decidedly a drama-
tic performance. I think there was the usual kind of plot.
You have the two lovers iaterrupted by demons ; the fairies
protect the lovers, and, then, after some mishaps, they are
changed into the usual pantomimic characters. It was
most admirably done.

Cross-examined—I went to the Canterbury-hall entirely
to witness the performance, and, if necessary, of becoming
a witness in this case.
Mr. Sleigh—You are not a London manager?
Witness—l wish I was.
Mr. Sleigh—l have heard that London managers express
a wish quite the contrary. (Laughter.)
Mr. Cole—That is in consequence of your halls.
(Laughter.)

Mr. Sleigh—lt is because they cannot make good hauls.
themselves. (Laughter.)

Cross-examination of witness continued—l consider a
plot to Le a necessity in a pantomime, and I consider the
" Enchanted Hash" to be a perfect pantomime. I think
the last act of the Christy's Minstrels entertainment is
dramatic.

Mr. William Smith—l am acting manager of the Adel-
phi. I went with the previous witness to the Canterbury-
hall on the 19th of February. I saw an entertainment
which I consider, without doubt, a dramatic performance.
The characters were harlequin, clown, pantaloon, and
columbine. The columbine had a nice dress on, but the
legs did not look well. (Laughter.)
Cross-examined—There was as much plot in the Can-
terbury pantomime as in any of the London theatres this
last season. I have not played in a piece with two charac •
ters ; but I have done so with three during Passion week.
I have never been to a theatre. I am too glad to get a holi-
day. I have seen a pantomime performed without scenery
in a circus at Hereford. I have seen another at the Crystal
Palace. I have never seen one so performed in London.
I did not see scenery at Mr. Morton's ; but I saw properties.
I have been to Evans's. I have never heard any dialogues
there. I have only been once during the last few years.
Re-examined—l have seen a piece called " Two in the
Morning." It is acted by two persons with the usual
scenery.
Mr. Nelson Lee (lessee of the City of London Theatre)—
I have not seen the piece, but I have looked at the
book, and I consider it a good pantomime to all intents and
purposes.
Cress examined—My definition of a play is a dialogue
between two persons on a stage. I did not consider Mr.
Liston's performance a dramatic one. I have never seen a
pantomime performed in a London theatre without scenery.
I consider Mr. and Mrs. Paul's, and Mr. and Mrs. German
Reed's entertainment dramatic. I know Mr. and Mrs.
George. They performed at my theatre in a Lenten enter-
tainment. I sent my bill to the Lord Chancellor, and he
permitted me to give the performance. I did not tell the
Lord Chancellor Mr. and Mrs. George's entertainment was
dramatic. I do not know whether it was so or not. never
saw them act. I heard they were clever, and I engaged
them to give half an hour's entertainment. I recollect the
Crystal Palace entertainment last year. It was got up
under my own direction. I never had any performance at
that place which could be called dramatic. I got up the
Shadow Pantomime. It had no scenery..
Mr. Cole—That is the case your worship.
Mr. Sleigh then addressed the magistrates for his client,
and dwelt very strongly upon the proceedings, which he
characterised as a dramatic combination to ruin a gentle-
man who had been a successful caterer for the public enter-
tainment. He should ask the magistrates for an adjourn-
ment, in order that he might produce evidence to meet the
case that had been got up and concocted in a green-room
of h theatre. He should be able to produce the most unpre-
judiced persons, whose opinion certainly would be opposed
to that of the witnesses who had given their evidence that
day.
Mr. Elliott said it appeared to him that the case would
not rest upon his decision as he know very little about it.
He would, therefore, adjourn the further hearing until
Monday next.