The Express.
London, England, 1864-09-01 00:00:00

LAW INTELLIGENOA

COURT OF CHANCERY.—Auourr 25.

(Man the Vica-Chanosllor Kinder'lay, the Vacation
Judo, at Southampton.)

lIIED V. TIM EARL OP IBM AIM ANCVIIIZE.
This was • reit instituted by Captain May Reid, the
well-known author of many popular Indian novels, egainet
the Earl of Fres and Mine Emily Faithful' (the Earl's pub-
lisher) to protect the plaintiffs copyright in his recent
work on "Croquet." The bill gives some acoowit of the
introduction into England of this national game, and of the
extraordinary development which has din been mom-
plished in its science and rules. It appears from the state-
manta of the bill that the plaintiffs work (of which he is
the sole author and copy ht proprietor) was published
for him in the latter part of last year by Mr. Skeet, of King
William-street, Charing-cross ; that until then mere short
printed instructions had been sold in sooompaoiment
and explanation of the game, and that owing to
the poverty and vagueness of those instructions, and
their failure to provide for numerous questions which
arose, eachcroquet-ground had from timetto tame, &wording to
its own camas, and for its own load p enlarged the
existing rides, and added new rules and new technical ex-
pressions, thereby oocadoning a widespread and inconve-
nient variety in the rules and vocabulary of the game.
Under these circumstances the plaintiff, considering that a
comprehensive set of rules would, if well drawn up in res-
pect of arrangement and language, and introduced to the
public, be ultimately adopted throughout the country, de-
termieed to compile and publish each, and to add to it all
requisite explanatory notes and practical Instructions, and
in fact to compose • work which (so far as his intention and
endeavours would avail) should prove an authoritative hand-
book on the game. He accordingly bestowed more than four
months' labour and considerable expense in studying the
science of the game, and all practical details connected with
it, and particularly in oolleotmg, investigating, and
developing the oxides; rules, and in inventing new
roles, and in reducing the knowledge, ideas, and
materiels so acquired into au original and well-
digested written slips His work ' Croquet " was
the mean ; it contained (among other matters) no lees than
126 rules, with explanatory foot notes subjoiued, all which
were his own original composition, and the bill alleges that
by far the greater part of the rules were even in albinos
and tenor brit published in and by means of the work in
gnostic. It appesre that the defendant, Miss Emily
Faithf all, lately pprinnted and published for the Earl of
Essex, her codefondant, • book called " The Rules of
Croquet, revised and corrected by an Old Hand, " which
has already reached a second edition. The bill alleges that
this book was a piracy of the plaintiff's copyright, being
• copy partly verbatim and partly with merely colorable
I alterations of the greater part of his roles and foot notes,
and that its sale (the price being only sixpence) would se
riously interfere with that of the plaintiff's work, which,
being of considerably larger bulk, costa 2s. 6d. It appear'
that the Earl of Ems has procured the " Old Hand's"
book, to be compiled for him by a friend, for the purpose
lof its being regularly burned and sent out with
implements
the sets of know, to the toy trade
and to the public as the " Cusiobury Croquet,'
and that be, being individually innocent of
the piracy, and not being then aware that the work in
question was a INal infringement of the plaintiff's oopy-
right, had declined to discontinue its publication. The
plaintiff therefore bled his bill, praying for the usual injunc-
tion and other relief ; and now moved upon notice for an
injunction until the hearing.
Mr. Parke appeared as counsel for the plaintiff, and
both the defendants (who bad only recently become
aware of the real nature and extent of the piracy)
consisting thereto, the following order was taken :
That a perpetual injunction should issue restraining the
further publication, he., of the " Old Hand's" hook, that all
copies remaining unsold should be delivered up to the
plaintiff, to be destroyed ; and that the earl should forth-
with pay the plaintiff 1254 by way of compensation for in-
jury already occasioned by the infringement, together also
with all costs of snit.

- - -
THE POLICE COURTS.

MANSION-HOUSE

Marcus Josephson was brought before Mr. Alderman
Hale and Mr. Alderman J. C. Lawrence, sitting in petty
session, charged with stealing some wine and beer glasses,
and four decanters, the property of his employer*, Maus.
Defries and Co., glass merchants, Houndaditch.
The prisoner was in the service of the prosecutors asi car-
man, and it appeared from suspicions that were entertained
a watch was set upon him, aid he was seen to go up stain
into one of the departments and bring down • dozen wine
glasses, andeighteen alegluses, and four decanters, which he
packed in a crate and placed in the cart with some other
goods which he had to deliver that morning. Police-
constable Carvell was communicated with, and when the
prisoner started on hie round he followed him. The pri-
soner, however, for some reason or other, brought the
articles which he had brought down himself back to the
warehouse is the cart, and was then asked by the officer
bow he accounted for having them, as there was no account
of them in the way bill. The prisoner rid he did not
know, he had had goods over before, and he supposed they
were scene he had taken out by mistake. He was, however,
taken into custody and charged with the theft.
Mr. Moss Defriee said the loss sustained by the firm was
so great, that they were obliged to employ a private de-
tective, and were determined in future to make an example
whenever any of their men were caught in pilfering. The
prisoner had been with them nine years, sad every confi-
dence was placed in him until lately.
The prisoner was sentenoed to six months' imprisonment.
Richard Bayiff, and George and James Harding, father
and son, who were brought up last week, charged with ob-
taining a quantity of wadding from Mr. Edward, of Trump-
street, City, by means of a forged order, were yesterday
again placed at the bar.
Since the last examination, a man named Charles
Cr-Wl:ley has been apprehended by detective officer Esker,
and he was placed at the her charged with being concerned
with the other three in the fraud.

Critchley was identified by the witness Dodd—who. it
will be remembered, was employed to take the wadding
from the prosecutor's warehouse—as one of the men who
was in the company of Bayliff. There was, however, no
further evidence yesterday, and the prisoners were again
remanded on that charge, the two Harding. being admitted
to hail the same as before.

There was, however, another case against Bayliff and
Critehley, in which they were charged with obtaining •
quantity of stop valves and three hydraulic pumps, value
together about 251., from Mr. Lambert, braasfounder, in
Lambeth. . . . .

The prisoners were committed for trial upon this charge,
bat were remanded to be brought rip with the other two
upon the chugs of obtaining the wadding.

CLERREN WELL.
William Stone, 37, a hairdresser, residing ►t 19, Weston-
street, St. Panora', and William Shaw, 25, a labourer, re-
siding at 17, Elstreeetrtot, St. Pancras, were charged with
being drunk, sod creating a disturbanee at the Earl Reason
public-house, St. Nacres-road, and wilfully breaking a
square of plate-glass, doing damage to the extent of 11. 10e.
The prisoners were further charged with assaulting Mr.
Charles Hall °ahem a licensed victualler, and Mr. Thomas
Osborn, bin brother.
Mr. C. Osborn said that the previous day be was in his
seller, and hearing a disturbance in the bar, he went op
and as w his brother bleeding from the mouth, and straggling
with two or three men. Hs wee told that Stone had been
making a disturbance, and had broken one of the plate-
glees windows in the door. One of the prisoners struck
him in the mouth, and took hold of him round the neck.
With assistance be got the prisoners outside the hones, and
then whilst he had hold of Stone, for the purpose of giving
him into custody, Shaw came up behind him and struck him
a violent blow in the back. The blow was given with such
force that it knocked him off the herb and into the middle of
the road oe his back. Shaw did all he could to rescue the
other prisoner. The damage done to the window was about
13e. . .

The prism./ then asked the witness if his brother did
not hit him in the eye, end then knock his head through the
window? . . . .

Witness—No. I am certain that my brother did not
strike yon in the eye. What he did do he did in self.
defence. . . .

The prisoner Shaw—DM you not come up stairs stad
catch hold of me round the neck, when I was doing nothing?
Witness—l caught bold of you to prevent you from strik-
ing my brother.
The prisoner Shaw—Can you sweat. that I hit you from
behind? . .

—A
itness—l am positive that you are the man. You caused
me ► great deal of pain.
The prisoner Shaw—What was I doing in the her when
you pushed me out?
Whiled,—You were assisting the other prisoner. and
m►king use of bad language, as well as causing a dieter-
banes.

The Magistrate—And yon asked the prisoners to loam the
hone, before von ejected them?
Witness—Yes, more than ogee.
Mr. Thomas Osborn said he assisted his brother in
carrying on the business at the Earl Russell public house.
He was sitting in the parlour, and hearing a tow in the
front of the bar he went out to quell it, and saw the prim,.
nen righting and making a great disturbance. He asked
Striae to leave the house, but be would not do so, and
he then took hold of him to eject him. He bad no sooner
done so than the prisoner Shaw struck him a violent blow
in the mouth. He got him against the door, arid then •
long struggle ensued. He let go the prisoner, and he fall
through the door, his hoed breaking the window.
Stone—Did you posh my head through the window?

Witness—NO. r ----
Stooe—Did you not ilk on in the eye, and knock me bean
through the window ?
Witness—No. You tell through the window in the
struggle. You got the black eye you have through fighting
with another man.

Police-constable Wood, 191 0, said he raw the prisoners
and the oorriplaioante all fighting together. Both the pci.
ones bad been drinking, and were very violent and way.
Both prisoners pleaded drunkenness u an riCll9lll, and
said they did not strike the ounplainanta, except is
eelf-
defence.

The prisoner Stone mid if time was given to him he would
pee for the window.
The Magistrate laid that drunkenness was no excuse what-
ever for either of the prisoner. Neither of the prilooeis