The British Press; or, Morning Literary Advertiser.
London, England, 1824-12-20 00:00:00

THE BRITISH PR ESS.

LAW INTELLIGENCE.

COURT OF CHANCERY, SATUIDAY, Dse

AA NAA ZINN AGAINST TUN ►VII.I4IICII Oi"

LANCET.
The Court was crowded to caress to hear the discussion upon
thi• subject.
The Sitt.icirron-Hysys•t., for the plaintiff, moved that the
defindunts, hlessra. Hutchins, Knight, and Laser. be restisinett
and prevented from publirhing, in a perindirsl put.heatinti called
the Lased, a verbatim copy ul tie ketures delivered by the plain-
tiff* upon surl,•ery, at St. Itartholinnew's Hospital. The question
before the Ceu►t was, whether the defendants, were autho.
rised to publish, (non time to time, the lectures of any of the re.
'Oar professors of the hospitals, or other institutions of the

country.
l'he LORD eusarci.t.t.na asked for a Lancet. Ile presumed
the Soliettor.lieweral had one in his pocket.—llis lordship was

handed a Number.
The ITO w.f.; six at.--The publication contained a
verbatim report of the lectures. The affidavit of Mr. AliernetilY,
when he filed his bill, was short. I/element said, that upon the 4th
Ik t. hr commenced the delivery of a .anew of lectures tipon eurg..ry,
as it was his duty to do, far the purpose of advancing the k ...s-
-ledge of dime who were student*. Ilia lectures were deliver.ii on
the reciting,. ef 310itilay and Wednesday each wick. were
published by the &fel dams. They were compwied by deponent ;
the set • • tits awl language were fits. Ile did not give authority
to any per 4111 whatever to publish then. The publication in ours.
tion contained the lectures. the substance of which he hall been
collecting for many years, anti he hail never made diem
The perualiail work, the Lamed, of the 24th I October, eio,taitod
every wutd and name uttered by the deponent in his preceding
lecture. taken down and published with minute fidelity. This
number of the boner?, in addition to the lecture. contained a notice
'outing. '6 a e ou,s7it to apologise to the I:citirer for ti.. in Mute fide-
lity with which we give particular expressiona, but the y are of use
in showing the characteristic manner in which lie communicates'
keowledge in the students ; these peculiaritiea, however, do not af.
feet the sterling value of the lectures den/selves. We do not wish
to be it isumlerstond ; the professor may p.-rhaps use more discre-
tion as to words, but there has not, in our opinion, been a writer on
the sub ject, of %itch elegance siuce his illustrious master II er, who
is in his grave."—llleponent swears that he expressed the highest
disapprobation of the publication at the Theatre, and pronsited
against Ma lectures being taken down tool published. Ile called
upon the person acting thus to avow himself. Net person did avow
I self. The depiment took the sense of the class upon the mat-
ter, anti it was decidedly averse to the publication. neve was pub-
lished in the month of October another number, alluding to the
course of lecture, delivered by the deponent. There were also pub-
lications on the subject in the Alorminc Chrunick. Llctendants stud,
that it was Pc:steely fair, in consequence of • moment's 'tritium to
tarnish so fair a reputation an that gained by the deponent ; th it the
Lamoi would continue its interesting proceedings—though one ler.
. .

Runt. had imked if the hirclimg of Um Luxect ;iers preivit at the
_ . . . .

....-.....
Here Me. Rose. read 'tome publication* appearing in the Afrwahree
Chrowiek, in which the publications were called r.eirecte. This
was denied by the itefe.stlanta, who affimied the publications to be
exact copies, and token down with minute fidelity.
The Soteci To u-lIE arena t continuctl.—The ground upon
which the Court yawed an r.r.porre injunction was, that the law
was as clear ita mood& —to the best of his humble app iebetobm it
was beyond all doubt—that a lecturer or professor of a university
had a complete right of printeviy to his Lecture or his Sermon.
This was the basis upon which he called for the interference of a
court of equity. St ill any person he allowed to say that an indi-
vidual lino a right to publish these compositions? Ile would nut
in his ut!,ument embrace the pulpit ; he would confine himself to
the The tire of An:dimly. and to the I 'niversi. Upon this sub.
jest the law was us clearly framed, that he did not ace how it was
protonic to retitse even an exparie injunction to Mr. Abernethy.
Ile denied his giving any right to take down awl publish Ins
',alarm; the minion before the Court was not ex-parts : notice was
given to the other patty. The plaintiff made an affidavit at great
length, stating a general denial to students, as well as to all
other persona whatever, to publish the Lectures. According
to the practice of the Court, in all motions not root te, the
mover could not go on until the other patty was bean I: con.
seouently his Learned Friends opposed to him, the patrons
and supporters of the Lateert, had put In their affidavit, if
that could be called an affidavit which was full of vacuity. nital re-
plete with nothing. It it was poodble to apply the scientific MIA
of pia: to nothing, it would he to tins affidavit.
!I be I SURD (' lIA II Ck: I. Lisa—lot us see it.
Tile paper arta given to his Lordship.
The Sot. IC ITO It-4 lEN EIAL—The ground of objection to cc.
pot k injunctions was, that they may be carried too far :and the Coign
should take care how they were granted, as it did not know bow it
could act upon them ; but sonic exec' were so clear that there could
be no difficulty in granting these orders. The affidavit of Mr. Aber-
nethy was in this description, it leas so full that nothing mold be
added. It wrs4 in enUrt, and angled that his Izetures were practically
published, anti lie gave loom to tot hotly or individual to publish
dame. To this andung could be added. As to the rdlitlavit on the
other side, if it mold be called one, for he was dim...sett to call it
merely a sheet of !taper, it had no more ref retire to the eve than
if they thougld proper to lilt four or Nye fdtto leaves, blotted with
MI.: it was as important to the matter as if he were to lan: f that
the paper before Imo, instead of being interpolated, WWI uublotted
with ink. Such was his bleu of the value of the blur or five
sheets of written paper producell by the other party, and called an
affidavit. The defend:ems, Ilion-hies. Knight. and Larry, were not
medical students, and they tell us, in this affidavit of their.. a set
of truisms-They Wens' us, in the be;.malenee of their superfluous,
idle, soul unneecoary affidavit, that St. Vattholumeee is a public
lloppilal, and lectures are delivered there us at hit. Janis Ileo.
pitaf, London. They next inform its, that his late Majesty, in-
Roamed by b., ratermil bent volence and atteuttiat to the
institutions of the country, and thrtio,,ell his anxiety to ad.
ranee the ana and %enures, bail granted n cloi rte of ncorpn.
tattoo to the College, and of this Vollege Mr. Abernethy
was a mentlwr. This me% all waste paper. They went can
to state, that bye-laws were framed respectia- the relnitssian to
lectures of the different classes, and this attendance was neermary
to authoritie the practice of surgery in Landon. These were the
important truths contabsed in the affidavits; and there were mastic
ethers of equal value, such as. that the pieeleeemior of Mr. Aber.
ne.hy did not object to the printing it' hut It ellars. The panics
might have spared themselves the trouble of this assertion, for he
had not the opportunity of flanking the objection. It was scarcely
to cesaary the hint to add, this was all idle gasconade. Such was
the Penh sof truths—of damning truths—which were ..i be produced
by the other Tuly, to alt fr.tt the 1111 l non before the Court. There
was also another assertion, delivered millt rtattid isikinitity, n.. 41 of
equal importance, namely, that Costa,: the publication the plaintiff
etreased to the students at the Theatte his dimperobation of the
publication, but he believed he had it not in lei.: power to prevent
it. This he remitted to be the Tramming part of this thing, wome-
n-1g the marl; and vision of sin affidavit : its if a gentleman, in his
lecture-room, remonatrating against ili•a pet beat ten, protesting I 1
against this breach of faith, and calling upuit the petson guilty of ,
te to take I. ek Wafer it hz were a student—as it tins nentlem en, et:i. ,
nent in the Faculty, was obliged to be as &twat a 13% tier as he was a
SU rgetirl. and was to soar ow doubting a Ile.ha the 1.. yr 0; England
gave tutu a remedy tor that of which lie romplairied. Notwith-
standing his gisel sense and giaieral knowledge. he did not know
odor 1•• gave hint a remedy. This was the ittiport.int part of the
tthitlactr, to whirls he ecl:ed the attention of Ciet 'trot. This doubt,
expressed by Al r..lbernethy, whether Ito hail iti.• power of prevent-
ing the Inffiliettliolle was a doubt most natural Is a gentleman who
had studied the works of I:sod:true, and :lot those of Vesey and
Mower. Ile would now allude to the lust 1,4,,fte of the ot;idari.„
that at:other eniineot professor, S;r AO. j Cw.itt.. delivered lee.
tuna at an bairns', all dal sett prevent their pnWieation; liciald .
net rlaitit copyright. Tais was nothing to the purpose. This Ilan i
or tiae affidavit n:ay %tarot over. The gentlemen in the present use
publishell without anti, or right. The at...davit of his el Wm Mita.
litnsi thus in the atrung..st manner ; they do nut ronteml that a syl-
lable of Mr. .theri.t.thy 'a affidavit is incorrect ; they do not claim
Iteetice for pablieation of any description whatev r. Walt those
rads he model clime his er.e. As to thew Slat ninintniind in that
Court that lectures weer not tite property of obese who delirerol
them, what, he would nib, would be the aintation id I teeter:. %Vary,
who delivered at the Clatiol of St. :Mary louse et:Cr:lent leCturrs i•
What Would lure Itt smog. of t:t it eseellent I 'isine, II?. Runt. who
delivereal tetanus in Warburton's I 'lmpel, which were not eareaol
its the ritp,:ish Linglia;;r 144 r mtretivtli of ar:Viinent and purr and
Classic style. intat would bar.: become 01 Sir William illack•
stor.^, the V eneri.in Ihofese...r at t 'afoot, when the Ibtierrsity recsae-
instal his lont.hip as our or its students i What wtaild have Preto
the w ,ation of those euititette p.meons tie skilful note-taker hail taken
down their ken:nit, sold intt I aim•n :-:-Ibutine copy? ill'llt would he.
Cell,. of the Foist...l:i" of the 4... wary. of Edinburgh, sad of
the s:.notts institutions estAdished in the metropolis. rith.r by
charter or eithi raise ? Ile need not add that the Itrot.smor's charac-
ter was deier;oratei: by representing loot as A pit'llie leetilier. SIMI
lie userely leettired SO a private class. Tit:, ditty 1. • ;i:eforotted hi,
It-03 al apprutlitirllt. ile is;:s at 3 bile to know upon what :eituitil
the 1111 l 110110.111 d he opposed ; neither could he say what it..p.e In
tit .• 11l i l Ida of oilier. yeah, hernia. mirth vomit:et on the Part of tae
publishers. IL! wits sure it could net be personal otiene.• or ill-
mot; •to Mr. %Near by. Ile askio tor the it•*.itacti on general
prim olds. There aaa No el dli, tills t Sli•W ; indeed nlitir wits ions
ts•:•.; i. 'r be ramie. :la t Liken otii.iso. ,g.. of Ole nth e:Jil iiills delay
, si,l'iii. :1 1555 ifil.l:toi.,Jl Ii11111:ier 01 Cu. wilt!. ; they lush siolocil
1.•31 tig;:7 ~ r nil id.eii•t-iI a viiiii..iiipt Niels the d.iviir, 1,1 sluptiig
a 4i..tritre, us if they h el a Jll,l is: r,:, sit ,bl-. n.,,,nnt 1.,,r ~,ii,..
11r. lt ...I: toil°, ..: ,•a the ...:sue ...te. Ile catteeiv eel the point
at issue to he itee‘.:e.t by the •:r.. t' e: ..• of 'r.tv ler And Miller. In
that case J a %tie,. V5t..... Lol e.,:i.. , ti ii• • 1, iiISIS and Won, of ate
author to bi:J.4 r..iir...1 l'.s hilt', .r al lii sill, hot corr., ho tett. r per-
son hall the !e:e.c ti,•tit, ,t‘ i:how tit. .1%1. .I..CA ri•Tllli,li.l3 and COP-
sent. W lust would th.tu i earn.' .111,1;.• lust... .;i,t„ if he saw the
pre-artit 41,11.nd:tuts :rut, sot it' into tii,. au tart/ "C ::r. Ahereethr„ autil
e scrip his hurls itt t ;le net of the t. 'a lc: ? The I, maul I :cm:cman
said, Its ~:titatil to Ow an oltsers:.tit3:l 1. I the C•iideess, or, it hr may
Use the cspressi tn. the itapti.!,. 'ee wile which tile drt.:lldatil A n... 0.
I,,gised for th: Ii laity if 11, a reports. But the peculiarity of the
l'hifessii:-s dimii.it i:a,.. 111:y t,ii.l, a e...r • v.val idea et the
manner la which lr• roar, reil iot:irinatioa SO his Ist:4.m, ; and
they notte.d the lie.....:r.,:spt.,istit;it.t.in.
nlit„ininat::idolmtiasgarce.‘tririnktai.,,iger:lwiils,,i,ictl:
was ..s great in this
important inntiris. 11t. quoted ille C 'sr a 1),,,t,,r p.i,„.s j.,.„,,,r,,,
which ware kit by Ike it ...ad :,e Ins. seetttor% fie the beteli: of his
1MM111..11l ri. the I vvtilor a:t restrainci I V ivi ,In r 1 lim f• voin
oil,: ; :
ior Ist t! ko
v., dI i - •• • • •
111,03 I: :V
11, 101 ~... I'll:: i• , SI .:11;a.rt,
I wet:: :-..!.:t.r.ct', :he I

t!,.• itos,:i %.
J I: ...r :41