The British Press; or, Morning Literary Advertiser. — London, England, 1807-12-18 00:00:00

• mew , • ••.• • - • • ""aNt o or" • • THEATRT Last night, the new Tragedy of aa ilaAliener awe. a mond time performed, and very well received. There never was an author more indebted to Performers than Mr. Geowin. Mr. ELisseoss, in the scene with the Countess, where she informs him that his mother is dead, received three distill& peals of applause. Mrs. Poww. appeared to great ad vantage. She was much indisposed on the first representation, but lan night performed with all her usual energy. Mr. and Mrs. Hailer &ODOM ap peared to great advantage. The latter delivered the Epilogue in a style that excited great applause. Mr. CeLsaw's excellent Comedy of 7eha Bell was performed last night, to introduce ivlr. H. introit, from the Liverpool and Dublin Theatres, in the part of Deana Braltrtuldery. His reception was as nattering as is usual on such occasions, and his perforrnantevery reapedable ; his first At was his hest, as it is the author's ; his dialogs', in the second, with Frani Hotielale, was not so good, from a want of that harmony which makes recitation easy and natural; bat his scene with Mary and Mrs Nridgradery made full amends. We make so doubt from Mr. Ha atsarow's knowledge of the stage. and other requisites, he may be found an only useful in I r i s h, b ut i n other charaders of importance. Mrs. Muumuu was the substitute for Mrs. Gi.evea, in Lad, Caroline Brayinore ; there was no change in the other parts. The Blind Boy followed. ANOTL ER ROSCRYS. Oo Thursday evening a young gentleman made his debut. at the Manchester theatre, in the part of Rolla; his name is Colter* v, and he is a pupil to Mr. Motion, to whose excellent tuition Master Barry is so much indebted. The Manchester n il, n leer speaks of him in the following terms :—" In 3.2,,10n to a fine-toned voice, which possesses con s,Serable power and flexibility, he is of a tall and wen-proportioned stature, treads the stage with manly dignity, and seems a perfed adept in the histrionic art. A hide more grace in his adion would, however, much improve him; and when he shall have acquired this, we predid that he will ' peeve an ornament to the stage." Oa Monday he I was to perform /(olio again. LA, The Duke and Duchess of NORTNUMititiaND, sad the Ladies Peeve, will leave Alawic Castle m the course of ten days, on their way to town. Northumberland Houle is getting in readiness for the reception of their Graces sad family. Viscount GAGS is nearly recovered from his late iingerous illness. His Lordship will leave tows a Monday fur his seat at Witsbary, Harnp.hue, to Fos the Christmas holidays. Viaciam Malletams, it is 'spaded, will be able leave town is a few days for his seat in Essex, lot the recovery of his health. The Earl and Countess of Pawls will entertain a rgs party of fashionable* during the holidays, at elegant seat, Waleot House, near Ludlow. A Miss S. BOOTR. another Tonne It oreie, is Ting Doyle' At the Newcastle Theatre. The Marchioness of Dowasnia a entertained a party last evening at her house in ilanover sire. Lord Lawson GOWeit'S house in Stanhope -street, phi!, was last eight in readiness ter the recep- • ei his Lordship, who ie tautly expeSed is an from Russia. Mr. latnear's exhibition, at the Lyceum, in the • , last night, was fully attended ; and Miss oleo performed her evolutions on the slack wire els the happiest effeet. The Gentlemen of the Apollo Society, at Cork. .menced their charitable dramatic amusements Monday last, with The Blear Stratagem and lieekosis Afeisitaness ; and en the 11th of Janu there will be a fancy Ball for the benefit of the of industry. The last arrivals at path art— ier( of Peterborough, Lady Smith, (lady Clanbraosil, Lord Pion. Lord Wigtoirsi, Lord Lanarboroggh, Hon. M's. day, lieu Mrs. Worth, Sir William Forbin, Sir Joseph t, Sir J. C. Hippieley, Sir J. Disrbin, hit N. Cinatbutst, ' l 'l Sunbury, Lunt-Colonel Williams, Major Towkins, ;Y. and MIS. Haves, Major Bingham. A Mr. Dixon. of Windsor, a stage-ensei youth, to perform the part of Rolle, at the Windsor tare, last night. It was expeSell he would be ed by all his townsmen. The itelimarrith Correia speaks in high terms of • Yousia's /aegis, and also of his Busediek, in I 41. Atheist Nelhies ; which was followed by • e, and introduced Miss LA ea MAN to an Edit gb audience, its that interesting part; of whom sane paper says--' , she has a very sweet voice, promises to be a considerable acquisition to the °piny I and received great ap otplause." kb. H. SIDUGNS'S comedy Ttele's a Tell Tele travelling fast and most successfully. Mr. Hoe s is the Blexeljord at Dublin, Mr. Cosniasu au Bath. and Mr. llwr se at Manchester, whets Glows is the (Aria irputian. There ass announced, at Stirewsbury, for nest .day, two Intantine Musical Phenoweelea s a lunar and Miss Saar* (the boy in hie seventh Al's and his sister only tire years of age), who 1 1 play oe the Violin, Piano-forte, and Musical Mmnday last, the reraains of the much-la- Miss LOWAIIIIM. of Keeton, *mete interred in family vault at Welhain, in Leicestershire.— funeral procession was attended through the Allip of can by thirty children in mourning, m the deceased in her litr time bad clothed and sated. At Welham, twenty of Lady Jaws Lo. Noes tenants augmented the mournful cavalcade t:;e grave. tin Thursday se'neight. as SAVOIL ALLBRIIT, Maidenwels, Lintels:hire, Esq. was draw* the contents of his gun, which was incautiously St full cork, It went off, and ~low one of his Ps from his right hand. I' ti' ~ , INT or RIM% BENCH, OVICONALL, Dec. 17. ~, ahrs, Stier* Lend LLLLL 0101301 t and Special uTzemty PROPERTY. stowerre V. let LIU. Mr. G•aeow, on the part of the Plaintif. stated, that this salon related to a subjed of vest im portance to all men concerned in literature. and eonsequestly to the public. The Plaintiff was the author of a book, iatitled, The Art of Defence, en few, with the Bread-Sword and :eke; a work which was published some time ago, and was deemed ex tremely valuable at a time like the present, when all descriptions of persons in this country, were so much disposed to improve themselves in every spe cies of military exercise. To make this work as complete and pedal as possible, the Plaintiff caused two Gentleman, eminent in the profession of fenc• ing, to go through the various exercises of the broad-sword, and to place themselves in those attitudes the most interesting in that exercise, in order that an eminent artist, of the name of Porter, might draw sketches of their different positions, and afterwards engrave figures there of. Having applied himself much to the study of that science, he had produced various valuable and ussfsl observations thereupon, and had pub lished them all together, in the form of a book, at Mr. gprton's. the Military Bookseller. at White hall. The value of this publication was evinced by its rapid sale, it having gone through no less than three editions. The Defendant, Mr. Wilkes, was a bookseller, who had already amassed a large fortune, but seemed to have bees in the humour of increasing that fortune by making use of the labour of others. He had employed himself in the publication of a work called lhe Aneyclepeehe Lonetinensis, pirated from the works of living au thors, from day to day. which task wanted neither judgment, taste, nor genius, the whole of the exer tions being limited merely to a liberal use of paste and scissars. This publication of the Defendant came out by numbers and by subscription, by which means lie was enabled to publish, compara tively fur nothing, the works of the most ingenious men, who had employed their time and talents for their advantage, and the benefit of the public: Such had been the condo& of the Defendant in the present instance- Ile had copied, literally, ma y pages of this work, and had also caused engrav ings to be made, similar to those which he met with in the Plaintiff's h ok. If this could be done with impunity, there was an end a. once to all citron. ragement to genius. The most valuable sod ex pensive works of Sir William Jones, or. of any other celebrated author. would be brought est io Grob-street publications. upon coarse paper; sn that the 'artik of the puhfic, finding that they could be satisfied with a cheap copy, the author of t ie original work would never get the rearard which his merits and his trouble entitled him to. The subj-d of this kind of adinn was now extremely well understood, by its having been fr. fluently in Court ; and it was held, that if any man copied the work if another, in substance. and then sold it as his own, he was liable to be prosecuted for damages.' The Inersed Corneal theft proceeded ro comment ' upon the text, in various places, chewing that the one work bad been copied from the other. He also expatiated upon the prints, and :hewed wherein they differed, and the artifice that had been used in or der to disguise the original, by putting upon a vo lunteer the dress of a Highlander, while the figures remained, in size aad real proportion, absolutely the same, as would be most manifest by the app!i cation of a pair of compasses. With these obser vations, he submitted that the evidence he should adduce would entitle his client to damages for the injury he had sustained by the condud of the De fendant. Major James, the first wltness, stated. that he knew Mr. Roworth's Ant of Defence on Kra to be an original work, having secs it in manuscript; that be had himself furnished the idea of giving observations upon the spadroon ; upon which wea pon, till Mr. Roworth's work appealed, no re marks had ever been published in England to his knowledge; nor had he ever seen its use exempli fied but on the Continent. He considered Mr. Ito- worth's a valuable and original work. Mr. G. Davidson, Printer, deposed, that he served his apprenticeship with Mr. Roworth, who taught him the use of the sword ; that the first edition w a s printed from Plaintiff's manuscript, and that Mr. Roworth bed placed him in the several positious, from which he took descriptions of the necessary postures for learners to obtain the art. Mr. J. Houghland. Printer, deposed,that he knew the first, second, and third edition of Mr. Roworth's work to be printed at Mr. Roworth's office, and under Plaintiff's immediate inspellion. Mr. Angelo deposed, that he had taught fencing, or the use of the small sword. many years; had been in the habit of colleting books upon the science; that he never knew any work of value upon the broad-sword till he saw Plaintiffs; that Mr. Taylor taught him the broad-sword, and that De ponent considered The Art of below en Fokt a meri torious and original treatise. To prove the originality of the engravings, there were called, on the part of the Plaintiff, several very eminent artists, vie.—Mr- Stalker, historical en graver, who described such engravings in this re pablication, as, in his opinion, evidently appeared to have been copied from the original sketches, by Mr. Porter. Mr. Woodthorpe, a celebrated en graver, of Fetter-lane, also pointed out, what, in his opinion, constituted the difference between both works ; and stated that he had no doubt that the plates io the Defendant's book had been copied from those of the Plaintiff. Mr. Ashby, as eminent portrait-painter, deposed, as his opinion, that it was impossible for any artist to make designs sa near the original, without having adnally seen and imitated these plates ; and further added, the wherever there appeared to be any deviation its the latter, from the former, it was evidently for the worse. haviog been executed by an inferior artist, Mr. Porter being particularly celebrated lot the anise ton which he give to these sketches. The espied plates were clothed is various attires, in order to disguise the outlines. Mr. Harris, a gentleman with fertilely condeded Mr. Egerton's business, Jer , sed as to the great caiman's in which the work was Mid s and the ra. ____ first edition.—Mr. Pinkney, a per. in the present employment of the same bask ; spoke as to the sale of the second edition, which was also exhausted in a short time ; and as to the third edition, he stated that a hundred and thirty copies were sold within the first year. but that latterly a great diminution had taken place. John Car, the foreman to Mr. Wilkes, deposed, that lie had been 17 years in the Defendant's em ployment, and was with hies when Nos. 426 and 429 of The Istoceeleprvira Leeeheessis, *ere publish.. ed, in March, 1205, containing Toe Treatise ea Fearing. There were about 2000 copies of each number sold. Ile generally had the charge of pay ing the persons employed upon that wog k. A Mt. James Chapman was the engraver ; but he did not 'member whether he sent him pictures to reduce or not for these Numbers on Fencing. as he some times did not undo the parcels that were given him. He had no doubt that there were some pia. tures in Court from which he took those in do pnAlacation ; he meant the plates or engravings from which they were taken; he did not know any such person at the bottom of the plates shewn to him ; they were purchased from a Mr. Kilinagie, a German Printseller, in Cook spur -street ; be did sot know the price that wee paid for them. but he believed, that it was molar the sum of five pounds ; being shown she . boot 'Tun fencing, written by Roworth, he could not say they were taken from that boot T Mr. Wilknea numbers sold at eight-pence, and they were not in the custom of selling particular treatises by thorn- selves. The ATTOltileT-Gerraltat., on behalf of the De fendant, stated, that he, Mr. Wilkes, was not so solicitous about the event of this cause, as he was that it might net be supposed he had dealt unfairly with any atithor. There was not a man in the king dom who would mote conscientiously abstain from encroaching upon the work of another. This was not the case of a publication with the avowed inten tion of meeting in competition any other work in the market. Mr. Wilkes was the publisher of a most useful book, called Tie Encyclopedia Leadirres sir. being a Didionary of the Arts and Sciences, a work that was of the utmost importance to the lite rary world. He acknowledged it was of the ut most consequence, that authors slieuld have their works secured to them, under the common law and by the statutes of the country ; and he agreed, that if a man, for the purpose of pirating a work, makes alterations, so as to put a mask upon it, but which is in reality the same with the original publication, he must answer to the extent of the damages the ori ginal author has sustaMad. We must not, however, include amongst awe, a person in Mr. Wilkes's situa.mo . his work being avowedly a colledion of J'd.sent treatises open the Arts and Sciences; and c.ere might not be ten men in the kingdom, who would purchase one particular number, without having the whole. A greater degree of latitude might be allowed to persons in such a situation, than ' to persons sending into the world a separate re-publi cation of an original work. In such a work,thousoads of other authors tell under the same predicament as Mr. Roworth, whohad suffered no injury. 'five Plain tiff's book having been first published in rfall, and gOftethroush three editions. it was natural to sup pose that the demand fur it would gradually decline in 1803, as indeed it had been proved by the evi deuce ; but that decline was not to be attributed to the publication of the Defendant, although Mr. Roworth would have the Jury to believe so. Mr. Wilkes had not acqtured a greater sale for those numbe s that contented the treatise upon fencing than he had for others. The Defendant had out relied upon the .rt of fencing to establish its repu tation, and he believes that many of the subscribers r had purchased his work without ever knowing that there was such a treatise in u. Mr. Wilkes was justified in she same manner as a Reviewer, who takes ertrafts from a work in order to criticise it, and who may even. by his criticism, convey to rile reader an idea that the work is not worth perusiug ; and yet no one ever heard of such Reviewers being prosecuted, although they may have published such copious extrads as may satisfy the generality of readers, and prevent them from purchasing the original. From this it might be mimed, that had Mr. Wilkes re-published this work, and ad ded a few words, in the spirit of criticism, he would not have been liable to an action, but that if he published it for gain he would. To render Mr. Wilkes's work complete,it was absolutely necessary to adopt the best treatises upon each par ticular subject, and his doing so ought to be reckoned an honour conferred upon the author. Besides this, there was a great deal in the one work. that was not in the other. ho much, then, for the letter.pt ess of the work; now, as to the prints he should only observe, that the Ads of Parliament doted the engraver to snake an entry of his name, and to engrave it on the print, as being the author, in order to secure the liberty of printing and reprinting for the term, and the renewed term of fourteen years, other wise he is not entitled to an atlion. The Ads he alluded to were, the Ilth of Ann, ch.' 19. kb George 11. ch. 13. and the 17th George 111.— A claim for damages for re.pubtication of prints had always been considered as grounded upois these Statutes alone. He remembered the case that oc curred upon a person having re-published the print of my Uncle Toby, in Sterne's work; and of Molly Seagram, in Tom Jones ; wbere it had bees argued by the Gentlemen at the Bar, Wore Lord Kenyon. that there plainly appeared to be a great many re semblances; and that the re-publisher cmtd not have seen the former : but his Lordship said, sent the Statutes had not been sufficiently attended to on either side by those who argued it. 1h• se Sta tutes only gave an action where the main design of the print has been copied ; for otherwise it was not a piracy. Mr. Wilkes was said to have imitated the outlines of Mr. Rowortn's work; but he begged the Jury to observe, that this was not to oe deemed the main design of another's work, as the attitudes mist necessarily arise from the rules of the art. They were as immutable as were the forms of the hu man body. The figures descriptive of the principles of attack and defence could not be varied r and were as indispensably necessary as a diagram in toclid was to illustrate a proposition on the precepts given. Upon the whole. therefore, it sins evades.. that Mr. Wilkes had merely had recourse to the Plaintiffs wr rk in the same manner as he bad moow to other s end could not be er.1%;•44......*-- } sue • having ineerporated a pert of it into hit Dielionarf, he having had so intention to diminish the Plaintill's profits. Lord Ets.reeosoesit, in addressing the Joey. recapitulated the priseipal features of the case, and rteommended to them, if chi.) , believed the Plaintiff to he injured, to specify theAlamages for the pulaii." tenon of the letter-press; and that of the prints. le. namely, with a view to ally question that might afterwards arise, as to the ConstruCtion and effeet of the statutes that had beeri alluded to by the Attor- - ney-General in the defence, in order to contribute/tie a greater facility in subsequent decisions. • The Jury retarned a verdiat for the Plaintiff.... Damages, 701. for the re-publication of the letter press. and SOI. for printing the plates. COURT OF COMMON PLEAS, Gossorstt, Dee. V. I ifittiags at Nisi Priest kters Lent (*gingiva ' MAMSSISLO, cad a Special Jury. CONSPIRACY. HATHAWAY w. Davis. aaeaow, WINCES, 04 11•1110 T. Serjeant SHIPNIRD stated, this was an anion brought by the Plaintiff, to recover damages on ac count of the Defendants preventing the Plaintiff from getting his certificate of Bankruptcy, which he was entitled •o. The Plaintiff had become a Bank rupt in the y ear 1800 prier to the Commi. t i on o f =ti t re,. he had had some d ea li ngs with De ` Davis and Barrow. He borrowed money AIM than on the terms of usury. Previous to the litpplareato of Plaintiff before the Consts.ssioners, lta was requested by Davis and Barrow not to in- Nem them of the real nature of their debt, but to say it WAS for goods sold and delivered. The Plain. tiff, not regarding the caution, informed the Com missioners of the whole trausaCiion ; after which, Davis and Barrow endeavoured to prove their debts under the Commission of Bankrup tc y, and were defeated. A , The Plaintiff applied to the Lord Chancellor for a certificate; his petition was signed by the whole of his creditors, except Davis And Barrow, who entered into a most cruel conspiracy against the Plaintiff, by getting Maria and Winkle. the -" other Defend ants , with Mrs. Grosvenor, who lives y , with Mr. Winkle, to swear the Plaintiff was guilty of gaining, and had lost more than 51. to Mariot, playing cards at the house of Winkle; who swore to the fact of the Platotiff's coming to his shop to boy s • some silver spoons, end on seeing a pack of cards, competed to have a rune of put for a guinea, for a dinner, with Matiot. they played, and Marlin son • it s after which they played five primes a game for two games, which Matiot ail, won, and the Plain. tiff paid the money. This charge of losing at cards was backed by the affidavit of Marna and Mrsl Grosvenor. The Defendant, Barrow. petitioned the Chancel: for to prevent the Plaintiff hem getting his cents. I cite, which petition was accompanied wish an at& davit of Mr. gai row. stating, that be wished to prevent Plainuif (tom obtaining his certificate, from the purest mains. to prevent fraudulent bankruptcy, and to &hew that tradesmen were not justifiable in squanderipsnwagthe plaptsty of thole' cteditors, at gambling tallies. Serjeant Shepherd added, he would chew that neither Mario'. Win kle, nor Mrs. Grosvenor, had even seen the Plaintiff • at the time this conspiracy was entered into. He would also sbew that Winkle went to the King's Bench prison to see the Plaintiff, who was then ' confined as the suit of Davis and Barrow, under the feigned name of Lee, to be able aftewards to identify his person. The consequence was, that the Chancellor refusal the certificate, and the Plaintiff d d not get it until 1806, when he came acmes - M•Lechy, who was an agent in this vile business. and • whom be shiaild bring tiarwatel, this day, as a wit. nest. He was sorry he could not produce this witness unsullied—hewas not ; for he was the tool of the Defendants; anti it remorse had not takes p..ssesiion of his Dieu:, the villainy in that case wr.uld never have been known ; but he would pro. du. other evidence to suSstantiate that of M•L Ti.e Defendants had been indicted in a trim sal Court, and met with that punish.- ment which their ciimes deserved, he would then call on the Jury for damages. His client bad been, at the time of his unfortunate bankruptcy, a- Cierk In the Bank of England and a Coal Factor he was at the present time a Clerk in the 11. ink, and he need not mention to the Jury, it Le was a card player and a gambler the Directors would not em. ploy him ; he woulJ prove that on the day it is sworn he played cards at Winkles, he was piageon shooting, in company with two respailtAble trades. men, and did not part theni until twelve o'clock at night. He het heard Mr. Davis would set up. its defence, that he knew nothing of the bu •Mess ; but it would be proved he was as deep in the conspiracy as Barrow, or in bringing at into CieCtlooll. as Winkle and Mariot ; and that be ritually paid them for the false affidavits. The Detenaants had refused to give a list of of their wit..esses ; and why they had none: having a touch of the pillory themselves, they could not had men hardy eaosign to ran the risk of the same tate. Mr. Serjeant Shepherd then proceeded to call witnesses in sap. port of this statement. John Eyre, Esq. proved the Commission of Bankrapty, June On, 1801. Mr. Samuel Sawyer preyed being Petitioaing Creditor for a just debt, sad that he signed Plain tiff's certifiCalt. On cress-examinatiort be said be had not received any dividend ; there ass only estate sufficient to pay t h e Solicitor, and 101. over. He bad under stood that Dr. Perry, the uncle of the Plaintiff, would pay him, but he never had. Witness pe. titiooed for the At of Bankruptcy, because he heard the Plaintiff . ad got money, on terms of usury, from Davis and ban. - le, Mi, Ely proved the lodging of Pla,:o t A's petition in Coancery for a Certificate, end the applic.Lion and affidavits of Defendants. Mr. John Evans and Mr. George Field proved Win friers band-writing. Mr. William Barlow deposed, he had been one of the creditors of the Plaintiff at Grildtall saw Davis and Barrow ; they asked him would he sir use certificate f he answeted is Lie affiterative; winch they d-sired slim not, as the Plaintiff Lad been gaisbling, acid it would only cost them 1 . 1 1 t. i.