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fendant ordered him to be taken into house is the property of a certain custody. A constable accordingly number of individuals, to be used by laid hold of him, and carried him to them according to their own discrethe police-office, in Bow street, be- tion. I conceive it quite impossible fore Mr Read, the presiding magi. that any thing which has been done strate ; but nothing being proved by the managers in raising the prices, against him, except that he wore “0. or making some of the boxes private, P.” in his hat, after being detained can be any sort of justification, in about half an hour, he was set at point of law, for such scenes as took liberty. Mr Serjeant Shepherd spoke place on the night in questionon behalf of the defendant ; but most scenes which are a disgrace to the of his legal arguments were adopted country, and which tend to bring us by Sir James Mansfield, C. J., who back to a state of barbarism. If charged the jury, that the first great questions of this sort are to be deciquestion for their consideration was, ded by multitudes of people assemwhether the plaintiff was instigating bling tumultuously, and behaving in a riot, and then they must determine such a manner as to frighten decent whether he was arrested while the members of society from going to the riot continued. “ As to the exist. theatre, there will be an end of law. ence of a riot in the house," said his It is time for the public to underlordship, “no doubt can be enter- stand, that the proceedings which tained. I cannot tell upon what have lately taken place at this theagrounds many people conceive they tre are in a high degree illegal, and have a right, at a theatre, to make that all those who participate in such a prodigious noise, as to prevent them are liable to be punished severeothers from hearing what is going ly, in proportion to their offences. forward on the stage. Theatres are These premeditated and systematic not absolute necessaries of life,* and tumults have been compared to that any person may stay away from them noise, which has been at all times who does not approve of the manner witnessed at theatres, in the imme. in which they are managed. If the diate expression of the feelings of the prices of admission are unreasonable, audience upon a new piece, or the the evil will cure itself. People will merits or defects of a particular pernot go, and the proprietors will be former. The cases, however, are ruined, unless they lower their de- widely different. The audience have mands. But the proprietors of a certainly a right to express, by aptheatre have a right to manage their plause or hisses, the sensations which property in their own way, and to fix naturally present themselves at the what prices of admission they think moment'; and nobody has ever hin. most for their own advantage. If the dered, or would even question, the proprietors have acted contrarily to exercise of that right. But if any the conditions of the patent, the pa- body of men were to go to the thea. tent itself may be set aside by a writ tre, with the settled intention of of scire facias from the Court of hissing an actor, or even of damning Chancery. The private boxes furnish a piece, there can be no doubt that as little ground for violence. The such a deliberate and pre-concerted scheme would amount to a conspira- the arrest, the riot which the plain. cy, and that the persons concerned tiff instigated still continued, I think init might be brought to punishment. he may fairly be said, under these The jury will consider then, whether circumstances, to have been arrested the plaintiff was an instigator of the flagrante delicto, or at the time of riot. The lawis, thatif any personen- committing the offence. There is a courages or promotes, or takes part contrariety of evidence as to this in riots, whether by words, signs, or point, upon which the jury must degestures, or by wearing the badge or termine." The jury, after retiring ensign of the rioters, he is himself to some time, found a verdict for the be considered as a rioter, and he is plaintiff, with 51. damages; and being liable to be arrested for a breach of pressed for their reasons, the forethe peace. In this case, all are prin- man said, they thought unanimously cipals. It is not easy to conceive that the arrest was illegal; but some that the plaintiff had no intention to of them proceeded on the ground that encourage the rioters.

* Panem et circc Ecs.

How hap- the riot was over, and others that the pened it that at his entrance he was wearing the letters “ O. P.” in a saluted with the exclamation, “ Here theatre was not any instigation to comes the honest counsellor?” How riot. had he deserved this peculiar panegy- During all this turmoil, it could ric? How came it that a word from not be expected that the proprietors him was sufficient to prevent a man should have either time or inclination from blowing a trumpet ? For what to produce much novelty on their purpose did he go to the theatre ? stage. They contented themselves Was it to see the play? Why did he with performing stock-plays, operas, wear “0. P.” in his hat? Did he and farces, and latterly tried whether not know the meaning of these let. pantomimes, by exciting no vocal ters ; and if he did, with what view contests with the O. P.'s, might not did he exhibit them but to encou. dispirit them from a noise which had rage the mob by his example, and had no object to drown. The 0. P.'s to impress upon them the idea they continued however to disturb Oscar were acting agreeably to law? We and Malvina and Don Juan, as well now come to the moment of his ap- as King Richard III, and the Begprehension. And the rule of law gar's Opera ; and Mr Grimaldi was certainly is, that a private person can- found to have no more influence upon not arrest another for a mere breach them than Mr Cooke and Mr Incle. of the peace at a time subsequent to don. Mr Kemble and Mrs Siddons the commission of the offence, with. did not venture to perform after the out a warrant from a magistrate. But first night : the 0. P.'s treated Mr there is some difficulty in determi- and Mrs Charles Kemble, who did, ning when this power to arrest actual. with quite sufficient brutality. ly ceases. Here, if the riot had been On the 25th of October, the comover a considerable time, and there mencement of the 50th year of the appeared no immediate danger of the King's reign, a little musical afterriot being renewed, the defendant had piece under that title was produced, clearly no right to arrest him with from the pen of Mr Thomas Dibdin, out a warrant, and for his past of. and the lyre of Mr Reeve, and the fence. If, however, at the time of profits of the night were devoted to

the benefit of the fund for the relief the “ Q. P.'s,” were, by public adverof small debtors. The piece could tisement, invited to “ dine together at not obtain a hearing, however, and the Crown and Anchor tavern, Strand, the O. P.'s paid no respect to either Henry Clifford, Esq., in the chair.” of the occasions, which formed novel A very numerous assembly met acfeatures in the evening's performance. cordingly; and after dinner, the chairOn the 28th of the same month, Mr man rose, and informed the company Egerton from Bath, who made an « that he had received a message from unsuccessful appearance at the Hay- Mr Kemble, which ended in an inmarket Theatre, a season or two be- terview ; and that during this interfore, as the Duke in the Honey view, Mr Kemble expressed, both in Moon, made a less pretending appear. words and manner, every disposition ance at this theatre in the part of to conciliate, as far as he should be Lord Avondale, in the School of Re. authorized to do so. The particu, form, a character formerly the pro- lars of this conversation Mr Clifford perty of Mr Pope, as whose successor would rather relate in Mr Kemble's Mr Egerton was engaged. His man- presence, who had signified an anxiner is monotonous and dry ; but he ous wish to attend that meeting, and is a respectable substitute for his pre- to deliver his sentiments to them. Mr decessor. He was not equal, however, Kemble was then in the house, and if to the character of Don Juan, in the company would give their assuwhich he was afterwards placed. And rance that he should not experience on the 30th of the same month, the any incivility, the chairman would tragedy of the Grecian Daughter was be happy to introduce him.” The performed for the purpose of introdu- company expressed their agreement cing to London, Mrs Clarke, daugh- with this proposal by applause; and ter of Mr Cowderoy, printer of a Mr Kemble was introduced. Mr Manchester newspaper. The actress Clifford then informed them of the was ushered in by an occasional pro. substance of what had passed during logue, spoken by Mr Cooke, and his interview with that gentleman. which, from its nature, was received Mr Kemble had expressed himself with no great applause. The git of sincerely sorry for the interruption it was to hope, that, notwithstanding occasioned to that good understandthe “ hostile rage within these walls, ing which had ever existed between the candid hearing of the audience the public and the stage. He had might yet be bestowed upon a fe. also, on the part of his fellow pro. male candidate.” This was a sore prietors and himself, expressed a place, and ought not to have been strong desire to do every thing in touched. The lady obtained the ob- their power to conciliate the public, ject of her wishes for the first three and restore that harmony of feeling acts, but the half price produced the which had heretofore so happily exaccustomed tumult.

isted between them. The reason why We are now drawing towards a this attempt had not been made beclose of this disgraceful scene. On fore, was the inability, on the part of the 14th of December, “ the real the proprietors, to ascertain to whom friends of the drama, and reprobaters they could with propriety address of managerial insolence and brutali- themselves as the right organs of the ty,"in shorter words, or rather letters, public opinion. Mr Clifford had told them, that what most galled the pub- really injurious to the managers of lic, was the magistrates coming on the theatre. He had only one word the stage to read the riot act, and more to say. It was understood that the introduction of the police and the dropping of all prosecutions was hired ruffians to prevent by violence an indispensable article in the present their undoubted rights of expressing treaty. After some parley, the comtheir opinion ; and that they also con. mittee for managing an O. P. subsidered the private boxes as applica- scription for the maintenance of the ble to the purposes of immorality. causes of those O. P.'s legally proIn reply to the first of these grie- secuted, * drew up the articles of the vances, Mr Kemble had assured him treaty of peace, as follows :that the magistrates acted of their

“ 1. That the private boxes shall be own authority, and that he knew no- reduced to the same state as they were in thing of their coming on the stage, the year 1802, till he read an account of it in the «'2. That the pit shall be ss. 6d., the newspapers on the following morning. boxes 75. With respect to the private boxes, “3. That an apology shall be made on the proprietors were willing to do the part of the proprietors to the public, them away, and to throw the whole and Mr Brandon shall be dismissed. tier open to the public. If these and

• 4. That all prosecutions and actions,

on both sides, shall be quashed." other concessions

on their parts would conciliate the public mind, the pro

A reconciliatory toast was then prietors were ready to make them. drank by the whole meeting, and Mr To this Mr Clifford had answered, Kemble rose, amidst great applause, that he could not take upon himself and said, to agree to any terms, but that he “ GENTLEMEN,Before I withdraw thought those proposed so fair, that for the purpose of making the necessary he would recommend them to the preparations for stating the arrangement adoption of the meeting. (Cries of that has taken place in to-morrow's news0. P.!) Upon this subject

' he had papers, I beg leave to express my hope, only one remark to make.

which I feel from the bottom of my heart, the peculiar characteristic of English- lay the foundation of a lasting good un

that the propositions now agreed to will men, when they were victorious, to derstanding between the public and the enjoy their victory with moderation, theatre. (Applause.) I have also to return He had heard it remarked, that John to you personally my best thanks for the Bull, though sometimes wrong-head. kind and polite treatment I have received ed, was never wrong-hearted. This, since I came into this room." he trusted, would still continue to be Mr Kemble then withdrew to the his character, and that the present theatre. Several O. P.'s had preoccasion would manifest to the world viously arrived from the Crown and that the British public were magna- Anchor tavern, and had communi. nimous that they would be content cated to the house the capitulation with equitable terms, nor impose on which had been there agreed to. The the vanquished those which would be audience did not chuse to receive this

It was

* A considerable sum was collected for this purpose, by adopting the stratagem, which was first introduced in the case of Mrs Clarke; we mean that of receiving sınall sums under little squib signatures, and printing them all in the newspapers.

intelligence from any body but Mr tention may now be employed solely in Kemble, and thenceforth the play the producing of such entertainments as was completely silenced by a steady may be worthy of a British audience.” clamour for “ Mr Kemble, Mr Kem- These terms of capitulation were ble.” At length Mr Kemble ap- received with delight by the pit, who peared upon the stage, and was re- wanted nothing now but the discharge ceived with loud huzzas. As soon of Mr Brandon, to which unjust meaas he could obtain a hearing, he ad- sure they repeatedly summoned Mr

, dressed the house to the following Kemble's attention without effect. effect :

The pit were not, however, to be “ LADIES AND GENTLEMEN,– I beg

distracted from their stipulation as to to apologize for appearing before you in

Mr Brandon, and again had recourse a dress so little consonant to the very

to that uproar which had gained them great respect which I entertain for you. so much. Mr Munden happening (Applause.) [Mr Kemble appeared in to be on the stage, was made their boots.] The circumstance could ariseonly mediator and ambassador, and á plafrom my total ignorance that I should to- card, inscribed “ Brandon dischar. night have the honour of appearing berged,” was handed to him, which he fore you. (Applausc.) I have this day had said he should « feel it his bounden the honour of attending the gentlemen who have been dining at the Crown and duty to deliver to Mr Kemble.” Anchor, and I have there had the honour The pit gave “ three cheers for Munof proposing what I shall now propose den.” When that gentleman again here, that the prices of admission to the appeared, he told them he could not boxes shall remain at seven shillings, and find Mr Kemble ; and presently ush. that the old prices of admission shall be ered to their notice Mr Brandon himtaken for the pit. (This proposition was self. Rage was up in arms at this received with a mixture of hisses and huzzas ; and Mr Kemble then proceeded allowed to say a word, but was mo

imprudent appearance ;

he was not to propose the restoration to the public of those private boxes which they for- tioned to depart by the waving of merly possessed, and the estoppel of legal hats and sticks, and (brutal to reprosecutions, in the very words of the late !) by three or four sticks and a advertisement at the bottom of the next hand-bell being thrown at him. Mr day's play-bill; viz.) " At the end of the Brandon now retired, and Mr Henry present season, that part of the front Harris stepped forward to address boxes, which is now occupied by annual the house." He was received with boxes, will be restored to the use of the public , as it was in the old theatre. The great tumult, but nothing could be

heard from him. After Mr Harris proprietors beg leave to say how sincerely they lament, and how sorry they are

had retired, the farce was huddled up, for any irregularities that may have taken and the curtain dropped amidst upplace during the late unhappy disputes; roar louder than ever. The pit reand, that no trace or recoilection of past mained some time in the house, and differences may be left, they will imme- changed their O. P. dance to a B. D. diately give directions for stopping all (Brandon discharged) one. On the legal proceedings on their part, to which the late circumstances compelled them

next evening, the 16th of December, reluctantly to have recourse.

Mr Kemble re-appeared in the cha.

proprietors most respectfully rely on the

racter of Penruddock, in the Wheel protection of a liberal and enlightened of l'ortune ; and was, at his entrance, public, and humbly hope that their at- saluted with the loud war-cry of the

The

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