The Express.
London, England, 1867-11-07 00:00:00

THE POLICE COURTS.

(THIS DAY.)

BOW-STREET.
THI COPTHIGHTB ACTA.

John William Hall, a oommercial traveller, was brought
up on n warrant charging him with selling photographic
copies of the engraving of Mr. Frith's picture, " The Rail-
way Station," and other works of art, an infringement of
the copyrights of Mr. Graves, the well-known priuteeller of
_ _

Mr. Lewis, of the firm of Lewis and Lewis, Ely-place,
conducted the prosecution; and Mr. Pullen, of Chancery.
lane, defended.

Myr. Pullen said in this ease it would not be necessary
to enter into the facts, as his client, by his advice, would
plead guilty. There could be no doubt that the deka.
dant had sold copies of the engravings in question, me
could he dispute that the right was vested in Mr. Graves,
and that, therefore, the law had been infringed. He had,
therefore, only to address the court in mitigation of the
penalties. He should submit that this was not a
ease in which heavy penalties ought to be inflicted,
because the defendant had been entrapped into the com
mission of the offence. He had received an order fee
photographs from a person named Clapperton, who now
turned out to be en agent of the prosecutor, at Salisbury.
He had supplied a number of photographs of pictures
which were not copyright, and he received from Mr.
Clapperton the following letter
'Salisbury,—Oct., 1867. kept the photographs
you sent me till to-day, being large market day, for two
or three customers, but the general complaint is that they
are all old ones. Have you nothing more modern you can
send me, a selection of the Maid and the Magpie, the
Nutcrackers, the Railway Station, or any new ones. len
return thoee not kept with those I have or send them by
themselves. The carriage would he saved by sending
them back together.—Yours truly, W. CLAPPERTON."
The photographs were forwarded in compliance with that
request, and the defendant was thus brought within the
meshes of the law. It was entirely contrary to the spirit
of English law, to justice, and to common sense, that
prosecutor should be allowed to come into this court sad
press fur heavy penalties against a person whom his cwt
agents had entrapped into committing an offence. Then
had been five summonses issued against the defendant
and penalties would be sought against him upon each
the five separately. Now he submitted that a penalty
IL, or at the utmost 2/. In each case would be sufficen
under the circumstances.

Mr. Lewis said it was a pity that his friend, wha
whether by coincidence or as the result of organisatior,
seemed to represent nearly all the pirates in London, lia.!
not been better instructed. The letter referred to wit
written, as appeared by its date, in October. The fin
summonses charging the defendant with selling five Ore
cies of Mr. Graves • picture were issued on the 7th of
August. Those summonses had been served at the defers•
dant's lodgings, in Great Titchfield-street, Fitzroy-square,
but he did not appear, and after several adjournments
a warrant was granted on the 13th September. The police,
however, bad been unable to find the defendant until within
the last few dap. Mr. Clapperton, having beard that the
prisoner was in the neighbourhood, and knowing that •
warrant was out against him, took steps to assist in his
apprehension ; but it was absurd to say that this, which
occurred in October, was an entrapping of a person to com.
mit an offence in August. However, he would join in the
application for the reduction of the penalties, and upon
this ground : Under the Copyright Acts the penalties ware
recoverable by distraint. That remedy was of no
avail as against the prisoner, for he was living
in lodgings, where in all probability he bad little if any
property, and he himself was never to be found. But it
the penalties were reduced below tif., then the provisions
of the Small Penalties Act would apply to the prisoner—in
default of payment, he could be committed to prison.
The prisoner said he could alway• he found. The police
were aware of his address all the while.
_ _

Mr. Lewis—Yes, but what is the good of your eddying
when you are there?
Mr. Vaughan said although the defendant pleided
guilty, it was necessary to give evidence of the registra-
tion of the copyrights.
Mr. Graven was then called—He stated that he is the
Proprietor of the original painting, copyright, and eigrav-
mg of the railway station, which had cost him 2:3,000F.
He had only made 20,01.101., so that he had lost 3,0001.
by the transaction. He had every reason to believe that
but for the loss of sale owing to the circulation of photo.
graphic piracies, he should have made a handsome profit
Mr. Pullen—That is not evidence.

Mr. Graves—lt is my opixion.
Mr. Lewis observed that half a ton of pirated photo.
graphs were found in the prisoner's possession.
Mr. Vaughan said that in his opinion the prisoner although
he pleaded guilty was trying to make himself appear more
innocent than he really was. Great mischief was 1100.
to the cause of the promotion of art by the discourageniest
of enterprise, when persons like Mr. Graves found the
large capital expended in producing these beautiful works
to be unprofitably laid out. He thought the full
penalty of 101. little enough for such an offence.
But as he was asked by both rules to mitigate
the penalties, and as it appeared that his doing so would
afford a more effective remedy he should reduce the fines
to If. in each case, making 21/.
The five engravings pirated were "The Railway" Sty
Jim " " The Nutcrackers," "The First Sermon,' " The
Second Sermon," and " Broken Vows."
The copies were forfeited.
CLERBENWELL.
DARING ROBARRY FROM .t RADAVAI VAN. _
_ _ _

James Buntiami, aged Pi, of :PJ, Holland-street, Black•
friaragoad, described as a greengrocer, was charged wilt
receiving a barrel of haddocks, the property of the Great
Northern Railway, well knowing them to have been stoles.
Police-constable James Norman. 97 said—Yesterdvg
afternoon from information I received I took the prisons
into custody in the tit. Pancras-roud. He Lad with bun s
vas with a ton and a half of coals and a barrel containing
haddocks. I asked him where he got the haddocks from
and he said he had purchased them at Billingsgate at 9
o'clock in the morning. I asked him who be bought than
of, and he said he did not know the man', name, but woe
likely he should see him again on Saturday. I asked his
how much they were worth, and Le mid he did not know,
but he bought a barrel not long ago, and be gave 11. ti. fat
that, but that barrel was a smaller one than this.
I counted the haddocks in the barrel, and found that then
were 16:1.

Thorogood said—l am a police-constable in tie
employ of the Great Northern Railway Compoiy. Yestare
day afternoon, about 3 o'clock I saw • van laden with
fish going up the King's-cross•rood, and, when it reached
the House of Correction it stopped. The prisoner, who was
driving towards the van laden with fish, when he came op-
posite to it stopped, and a man not in custody carried a
laurel of haddocks, and put it into the prisoner's van.
Ho put the barrel into the middle of his van, but when his
came near the police-station he shifted the barrel into the
corner of the van, and then drove to the coal depot ce
the Great Northern Railway, King's-croas, whe.e he lad
a ton and a half of coals put into the van. When the
coals were being put into tiq. van be broke open the lidd
the barrel and took some of the haddocks out, and was
showing then: to the coal porters. When he received ths
coals he wins about driving off. but I stepped him and
asked him where he got the haddocks from and be said
bad bought them at Billingsgate. I sent for a polge
constable and save him into custody. I have no doubt
that the barrel of haddocks belongs to the Great Northers
Railway.
The prisoner, who said be bad no questions to ask a
defence to make, wee remanded for a few days.