The Express.
London, England, 1863-08-24 00:00:00

ASSIZE INTELLIGENCE.

HOME OlRCUlT.—Cscrfpow, Avouer 22.
(Before Mr. Bares Bramwell and a Special Jury.)

This was en action to reeo►sr damages, in the shape of
from the defendant, who is the proprietor of the
Royal Amphitheatre, at Liverpool, for having played a
peso called Jenne Brown, or the Belief of Luck:tow, at his
theatre without the consent of the plaintiff, who was the
author. The defendant pleaded that the drama is question
was not the property of the plaintiff.
Mr. M. Chamber', Q.C., and Mr. Lxtou were comma for
the plaintiff • Mr. Lush, Q.C., and Mr. Murray were for
the defendant

Mr. Chambers said the plaintiff in this action was a
dramatic author, and although be had not obtained
• high celebrity in that position, be had, ary r.
theism, been the author of • great many es-
inesful dramas that had been played at *semi of
the minor theatres in London, and at different
theatres. The defendant wee the proprietor of the
Amphitheatre, at Liverpool ; and the action was br
spinet him by the plaintiff for having played se ort
pieces • number of nights at bin theatre without hie plumb.
nos. The act of parliament that was passed upon this
subject entitled the plaintiff under these circumstances to
all the profits that were derived from such perform's.' ;
but it also enacted that certain penalties might be enforced,
and the object of the present action was to recover from
the defendant 26 penalties of 40s. each. The defendant
answered the action by asserting that the play in qualities
wee written by an author of much higher position in the
theatrics' world than the plaintiff, via, Mr. Dion Bowl-
molt, and he shielded himself under what he coati
only describe se • most unjust sot, The sae
at the plaintiff piece was Aerie Brown, or the
Relief of Locknow, and the subject wee derived from the
melancholy proceedings connected with that siege and the
romantic incident of • Highland girl, who was nude the
heroine of the piece, Jessie Brown, bearing the gyros& of
the Highlanders under General Havelock when the pities
was almost et the last extremity. This piece was sold be
Mr. Loa of the Britannia Theatre, Hodes and wen
played a great number of nights, aad the plaintiff ws paid
the usual sum as the author. It was afterwards played at
other theatres, and the plaintiff had no ides that his drama
had been pirated until he reed an aneounaement in the Era,
• newspaper that devoted • good did of attendee to tlises-
Irked mitten, that • piece under the sans name, the an-
ther et which was stated to be Mr. Dion Boodasult, was
helminE3la ad in America, the part of the heroine being
by His Mobiles, • lady whom Mr. Spacesuit
monied. Mr. Boueiosult subsequenticame to
Embed, sod produced the celebrated play of the Colleen
Bases, and at this time he published alit of the Ogees of
which be claimed the authorship, cautioning managers of
theatres not to perform them without his wesiloa, and
among them was this play of Jessie Brown, or the Relief of
Locknoto. A gland having takes place between Mr.
Wants and Mr. Bouciardt, the latter went to Despise
Thesten, at which eetablisirust he brought out this pies.

ad Jeisie Brown, 'Mikis( out, —however, r the
eurname of Brown, and tallies it Jaen, or the &fie of
Litektiose. He should show them that this piece end the
awe written by the plaintiff we= identical in almost every
respect, and it appeaa ed that Mr. Bouckaalt had gime his
sanction to the ptesent defeodant playing the lams drama at
his theatre at Liverpool. The peanut act= was therefore
brought for the purpose of patting a stop to the ;Animism
and drab as that had bola going ao, and if his leered
friend did not call Mr. Brackett es a whom to give ems
implanatios to the jury,it appeared to him that kis eambilnig
to do so non be taken es etc whaled= of the "ss ha-
peachment" that he had boss guilty °l oath* and *Meg
the work of the pleintiff.
Mr. Edward Stirling, doge maroager et Distriese
Theatre, poured that in the month of Jim, 1862, the drama
celled Jessie, or the Retie of Latham, was performed at
that theatre. He went to Liverpool to Nemialter far the
purpose at inpurintondipamt of the mate
dual at the Royal Am In tho defer
The drama wee madam' on CC Nomesiem sod
ft was the same pion that wee phial at Drory-lume. The
whom tees idestiled • manisecApt that was handed to him
as a copy of the menewript of the piece that was played
at Dewy-lump and at Liverpool.
Cress-examined—Previonaly to the piece beirssZymeg
he had men the Americas prioted editioe. Mr.
wrote another act to that editios and heightened tie
parts, as it was termed in theatrical phasseisw,
sad several new characters we= intruduced. The ileums
was taken from one of the incidents of the India an ft.
whss the purls% id Leeson b lost all hope of •
Julie Brows—a yews, Highland--beard the appreeth
of the bagpipes of the Highlanders, tinder General -Have-1
leek,looming to their soneour. All the other incidents lei
up to that. in Mr. BencicaslrZwiess the action ono
missed in India. la the dram the seam ism
messed in Soothed, where ante wee the servent of • Mrs.
Oinsphell, the wife of an °Moir. They all go to India,
when the husband died, and Nam Sahib was intredsced,
bet lot by that =OW. It was those% that he wield he
toe repulsive to an Faglish &Whose, and he was called
(theolam Singh. He wen supposed to make love to Mts.
Campbell, who repair& him, and is ecenennenee of this be
is supposed to poseente the British. The mutiny this
bomb out, and the parties are all at Lacknow, and at the
lost moment Jess% hears the bagpipes Two comic therap-
ists were introduced in the plaintiff's drama—Mr. &Aka
sad Mr. Ginger, and there was no character of this kind in
the drama of Mr. Bouciesidt. He considered there was so
reeerablesee between the two pieces until they got to the
fourth act, and then the ineideets were oeosesarffy the same.
There was no Nana Sahib in the plaintiffs piece ; but
there was a similar character called Mahmed, the butcher
of Oawnpoos. la that piece also two Highland fannies
win tappets' to go out alto, Jessie.
Baron Dahowell—Why
don't know, my lord. (laughter.)
The idiom said they were het lovers, and =spoiled to
follow her to India.

bad only read the plaintiff's drama
cursoril and he did sot discover that the two comic cha.
tutees In it had been rolled into oair comic Irishman in Mr.
Beeekault's piece.
Heron Bramwell—Two &astable= rolled Into one Irish-
era I (LavOtee.)
Mr. Members—Yes. yr, lord. That's what we say.
Mr. Seams, the plaintiff, was thee called. He said that
be was an actor, and also wrote for the stage, and in 1857
be wrote the drama of Jamie Broom, or the &lief of Look-
sow, which was pia ad at the Britaania Oaken, Horton, and
I was very and na ter three menthe. He did sot
bow that a piece under the same title was being played in
America mail he read a statement to that effect in the
airwepayce; but h• could not, of owns, then interfere. Some
tame afterwards Mr. Boucicacilt, who roprenwated himself to
be the author of that pima, MIMI to Ragland, sad he wrote
Ito him apes the subject, but did not receive any reply. He
went to Drury -lane to see the piece perfcemed, and from
the ride; of the curtain till it dropped, be coasidered that
his own Asa of the Scotch girl was apparent throughout the
whole piece. The withers went on to deny that he bad got
as idea from a ourepaier ; but he admitted that his drama
only coedited of two sets, which occupied an hour and five
=brute, in playing, while that of Mr. Boucicault was in four
acts, and occupied three hours and a half.
Berea Bramwell hem inquired of Mr. Lush what his
' case was ?

Mr. larah replied that hie ems we. that the two pieces
were estirely dimindler, and the idea el each was merely
derived from a report of the incident which appeared in the
newspapers at the time, one of which he produced.
The pleintiff was then cromexambied at some length. He
denied that be took the dm of hie piece from the news-
wires!, and said be he got it from a song. He said he
took kr " idea" to Mr.2iny of the Britannia' Theatre, and
he approved of it, sad wawa his drama. Hs peas had
some bees
drew el Kr. o acke printed, and be had serer men the printed
Bnit.

Mr. fresh Mien noir• ponies of the newspaper report,
and the plaintiff, attar mans hesitation, was obliged to
admit, or it was at all events apparent, that the expressions
made area of by Jessie I. his drama wars the miry same that
• ia that report. Be also admitted that the final
in his drama was copied entirsly from a picture in
the Illustrated Tames, sad in his own manuscript he
referred to that picture as a copy.
Mr. Chambers said this was his case.
Mr. Leak said it appeared to him that there war no case
at alto answer.

Elesn;4ll said he abould like to know what the jury
thought of it,

—The fai4 -s-ald they ware muninsonaly of the same opinion.
itfr Chambers mid am Ws was the CM he should °Lot to
unsuited, and
Tim plaintiff wu saisordiugly
Brat. Bramwell expremod his opinion that it was moan-
Woos that such an aebon should bare been brought, and
it appeared to him that there was not the slightest founda-
tion for it.

16;eare still thirty common jury causes remaiaing to to
doeed d. There are three special jury causes remaining.
sad It ha, been amazed that the OW d" Woolley v. Pole
shall not be taken until Tuesday.

NORTHERN cutcurr.—Llvatzoon, Atyousr 22.
Nnn Palos Coors—(Befor• Mr. Justice Mellor.)
ACTIOR mum, 1712 OLDHAM CORPORATION.
" W¢d and others v. the Corgorstion of Oldham" was •
Wiens mu, which comeammed yestsrday and occupied the
puler of to-day.
The tiffs (colliery promistors) sought to reamer *m-
ice the Swain of their palmy by water from
orrtain reservoirs Wong* to and conserved by the rorpo-
masa of Oldham ; and it was contended for the proprieton
that the lain and limooreolince which tbey hod sustained
wu owing to the rapervoin being irspasfamly kept nod re.
paired.
The Attornsy-Osural, for the amity palatine ; Mr. Ed-
wanu Q.C., Mr. Mali* Q.C., and Mr. T. JOINS
Ind Mr. Millwar
far the pluad
for tiffs the • Mr. Tdidudinbiem .
ple, 4-4.0., mt. Moak. Q.C.,

After the examination of a number of witnesses, all of
whom spoke in the broadest Lannishire dialect, the Astor.
ay-Ceara intimated, apparently to the great relief of his
lordship aid everybody emoereed, that he had agreed with
the parties to take a verdict for the plaintiff, damages 15W.,
subject to arrangements by which mutual coocessioas might
beside. Verdwtaeardragdy
POWNALL, ADMINISTRATOR, r. THZ LONDON AND NORTH
WiSTERN RAILWAY OOMPANY.—ACTION AGAINST • RAIL-
WAY COMPANY.
Mr. Moak, Q. 0.. and Mr. Higgins appeared for the ask- '
tiff ; aid Attorney-Gesend Jame, Q.C., for the defendant.
Thieves an action under Lord Oampbell's ad, brought by
the father, James Poona, to recover compematios for
the loss of his sae, John Powall, deceased. The
defendants paid foil. into court. The plaistiff
was a cattle dealer and butcher at Manchester, and the
deceased wanted him in his bunnies, residing with his
family. The "hatchets' traia" left Manchester at about
hail-peat 4 o'clock in the morning, bringing passengers
from that city and other districts of Lanca-
shire to Liverpool on the market da On the
23rd of March, the dreamed and plaintiff, among
other, is the same line of busses., were waiting at the
Ordeal-La station for the arrival of the train. The morn.
ing wee extremely dark, ad the traincame up on the wrong
line of rade. The 'arrant+ of the company called out,
" Get in," but before the deceased could do so a break van
was brought aloes the line in the dark, and so rapidly that
ma the deceased was getting into the arras. the break van
killed his dog on the spot, and knocked the young man him.
self down, fracturing both his legs. He was taken to the
Manchester Infir mary,w here be survived oaly a few boun. He
was 31, and his services were estimated by his father
to be worth U. or V. weekly. In consequence all prat
derived Iran plaintiff's beater in the purchase at cattle bad
now entirely reseed, besides whisk his bunnies ae a butcher
bad materially suffered.
The Attoreey-General addressed the jury for the defence,
but did not call witnesses, urging them to take into even.
&mike " all the contingencies of marriage, sickness,
death, and all the other ills that flesh is heir to."
The jury, conakiering the sum paid into court wee au
alma, found their verdict for the defendants.