The Express.
London, England, 1853-03-25 00:00:00

ASSIZE' INTELLIGENCE.

HOME CIRCUIT.-KINGSTON, MARCU 24.

81110111 M. BIDOR ALDIIII9OII 4 II A PPICIAL JUST.
METCALF V. PARLIR.-QUALITY OF LITERARY LABOUR.

This was an action brought by the &into!' to recover
a sum of 2001. from the defendant, under an agreement
entered into between them.

The case occupied the court for several hours. The
plaintiff is a clergyman residing at Oxford, and who, it ap-
peared, /as been also extensively engaged in littrary pur-
suits; and the defendant is the well-known book publisher
in the Strand. It seemed that about the year 1847 the
plaintiff entered into an arrangement with Mr. Parker, by
which he engaged to translate Bia History of Roman
Literature," a German work, for the sum of 2001.; and it
appeared that he did not complete the work, which ex-
tended in quantity to nearly two thousand octavo pages,
till March, 1851, when be furnished the complete manu-
script to the defendant. No steps, it appeared, were taken
to put it in band with; a view to the publication, and the
plaintiff in consequence applied to Mr. Parker to know
when he might expect to have proofs of the work to revise,
and the defendant excused himself for not going on with it
at this period by stating that on account of the attraction
of the Great Exhibition it was perfectly hopeless to expect
the puhlic to tead books. When the Exhibition closed Mr.
Metcalf again applied to the defendant upon the subject,
and he then wrote an answer stating that in the beginning
of the year he would put the work in hand, and he would
send him a proof. lip to this time the defendant
had never said a single word with regard to the
quality of the translation, or made tho slightest complaint
relating to it, but upon the plaintiff, after waiting several
months patiently, and finding no steps were taken to pub-
lish the work, upon applying to the defendant upon
the subject, and asking him for a cheque for 100 L,
on account of the agreement entered into between
them, the defendant returned the manuscript, stating
that, having taken advice, he was of opinion that
the translation was not of a character likely to succeed, and
he therefore declined to publish it; this proceeding being
taken by him in October, 1852—nearly nineteen month,
after the manuscript had been first placed in his possession.
The plaintiff, under these circumstances, now sought to re-
cover the sum which the defendant had agried to pay him
for his services in making the translation ; and upon hie
being examined, he stated that he had for fourteen years
been acquainted with and studied the German language,
and had resided for several months in the country, and wee
perfectly versed in the language, and he declared that the
translation was a correct one, and in accordance with the
agreement made between him and the defendant. The
eviience of the plaintiff was corroborated in this respect by
several gentlemen connected with literary pursuits ; all ol
whom stated that the translation was a correct one, and sucff
as would be expected from a man of letters and agentleman.
Mr. Chambers, on the part of the defendant, said
the defence he was instracted to offer was that the
translation had been done in a careless and hasty manner,
and that the plaintiff had not complied with his under-
taking to furnish such a work as the defendant would be
justified, having regard to his own interest, in offering to
the public. In support of this case, he produced some Ger-
man and other witneseee, who stated that, having refined
casually to different portions of the translation, they disee-
vered what they described to be incorrect translations of**
German original, and they also complained of the forms of
in his translation. Many of the matters objected to, how-
expression made use of in some instances by the plaintiff
ever, appeared to be of the most trifling character.
Mr. Bramwell, in the course of his reply upon the core for
the defendant, indignantly denounced his conduct in setting
up such a defence as most despicable and disreputable, and
said that it was such a one as would have been heard of
only in the worst days of special pleading. Here was a
gentleman engaged tor nearly four years in the labarious
rr i
met clerk
by the would
defendanteharge
task of translating a work of this character, for the paltry
sum of 2001., which would not amount to more for each
p
thenanalelda,whwe
was
iteh
for copying it, and when he asked for the miserable recun-
peang.ec,
wastwohwehnictirihhneted,
tit
alleging that the translation was incorrect and worthless.
He considered this proceeding was most disgraceful, par-

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