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

nho immediatelt• tock then to !,e-,1 C'ocrterfol.l, the latter

rparat.A. ar:11 'kept in 111.4.. pow ."inn cer;ain s!onv_ii37

ink °Merest tuna upon putdi; eh..iertet.:, and returned thnie
upon education to tha widow for pubTrotion. The widow, it &p-
-rinted, took cn;ries of all before MN gave them to Lon! Chester-
Ii Id, and publiehetl ant entim. An ttjunetion was applied lur he
restrain the pulditsmin of dine? refl-edm,,,ee publtc charactert, and
it was ranted, though • property in the lessee.: was conveyei to
the widow. In the case of 3lacklin, the Comedian, o.te Riche...h-
ewn, the publisher of a magazine, printed the Anti act of tuvc a-le.
tot Musk. whif-h. though acted by pertniseion oftie a lior, lass brier
printed. Macklin, when the fare wacted, w ia. te the hulk of
taki..g it m the theatre, and then get:ittg it bpi: then the Promp-
ter. Itichardann empl.•yetl one Gitre. y, a attort.hand *rae, to
takedown the non act front the mouth, of the ay Ism and published
. .

it in his Martainc. In this ease an ju.,c was aitpuoi tor aid
there was also th.. ease of Mr. Ell son. to the play of
• • • • •

Teresa. here he war not acquainted with the ileen.ion ;
liereil it was not reported. When The Agerrsale Sarrise was
acted at the Coburg, there was a decision in the Cuurt King's
Bench.

The Lora CriaNcr.t.t.na.—lns those cage% the very words web
taken down tom the mouth% of the actors at one theatre, and seed at
another. The question ii. whether, at the delivery of a lecture..
spectator, evidently hp the as,ioatire of a good nsensory, took it
down, tide lecture being an 0111 compost ~,,,,, should be entitled
to the protection Of the law If the 1., sure were merely oral, the
party could not call for the hoe* ference of the Court, and those
who maintained that oral Irctores was ronspositions of a certain
description, and had a claim to the prot,caso s of the law, wet.:
bOUlid show Onus in a written state, to coif ale them to this pro-

tee . An allusion hid rtelart rate to Ilic Iccturca of
Mackinaw, I.lr illiam I'll3ntlx.rs, and ..:her.. l'iwao acre writ.

ten compositions, and within the protection of the law: if these
were written, a person may hike them flown fia the benctlt of Ina
mind, but he had no right to give them to tit, wo:Iil a. Isis own.
Mr. Rost: said, as 141 h.' IIMITOIA of Sir Cooper, it was nut
time ;he dissapproved of the [edification, and protected I 'elf by
an authorised pohli..ation or his lectures. In the case of Taylor md
Imfil Mansfield (lectured his ispiaimi, that it was Just and
lit an author should chotne his own time we, manner of punlishing.
lie should [intone a primer intern when. Itni.eqty he could depend,
and liftlit.V. ,ilololl he ;;iron to an anil,nr ...fen before publication.
lrlie Luau 1:11 ANC E Leon 71:ould a 3 is Junction begrsnted for

pirating a work, in ease of a Ie._!UTCIICIIVe nii at a college, if that
could he called • lecture which Mut rat support itpou the founda-
tion ? Suppose he himself delivered lecnitirn M.Ollllll Ile knew con •
ceming the different powers of estates. would he he protected upon
the principle that twenty years beaux his memory nay be sufficiently
accurate to publish it ?
Mr. Ross: said. it was stated in the affii'avit of Mr. Abernethy,
that his lectures were delirend as trim written papers.
hlr. Boa mg, tiw the defendants, soil, hone the nature of the
publication in question, it was a sourer of high satisfaction to per-
ceive its object was not to detract IMni olio character and justle.ac-
gutted reputation of 11w eminent plat, Or; the contrary was direetly
the ease, for he must know, that as a necessary consequence of this
publication, his reputation as a stolid relessor must be increased,
and his fame, which, g,..6t As it justly is. was hitherto confined to
his profession soil his patientsorould be sateaded through the attire
community. It would lie impossible to ascribe any other motives
to the publishers of the wink. lie would, of course, put entirely
out ot his mind, that ocher motive, that they were limn); that by
which they earned a fair midit to themselves. His Learned
Frietul, the Solicitor-General, was to open the rase, by making re-
marks of rather an extraordinary nalutc, on the affidavits of his
clients. Ile said the motain was put out: not foe the purpose of task-
ing a good defence, but of shamming one. If this were so, he M 661
the justification at saying, that the day after the bill was tiled, the
motion was attempted to. be brenteht on. aid sorely the Counsel for
the defendants would deserve no eel...weenie', the Court foraskisot
time to do justice to their elietits. lVith respect to the andayit, the
conduct of his Learned Friend was, Is: thought, not a little
extracinlinary. Ile pronounced it full of vacuity, and repl:te with
nothing, and yet it Win this very aliii3eiL that engrossed all his
argument for a considerable length of time. Ilia Learned Friend
did not know what term to apply ; if he could apply the term he
thought the aflielarit was the jeer it t mhing. !lc (Mr. II.) thought
his Learned Friend's objections were the or pins of nothing. Ilia
'garnet, Friend concluded his areitineet mem this molting,by calling
the attention of the Court to the important part of it, and thus,
after onaintaining for a long time that the affidavit was absurd,
he is obliged to admit that it is imporant. Ile 'Mould have showed
his client to be a pritree Butte r. to have a private copy- ht,
which the defendants had ; anti when he had shooed this,
he was bound to prove he hat a clear right to the fnjunetiim ; for it
was not a necessary consequenee, Oat ;hough he sitintld have a
kgal right that he was to sommetel a claim to riptity. IV ih respect
to the authorship and copy-right of time pit it was impossible to
know any thing. The leareed eettlitinan asmilltett every thing
throughout. In thing his bill, the plaintiff was nut distinct upon
his charm of cliy.right. Ile knew M,. Atiermthy was a master
of language; but, perhaps this may I e few e.f the peen.
haritiea of his writing. It, could rot know it 24 Ma;
he 64 deal with this aril:tett es aril any other. Dots
Mr. Abernethy sly the inertia a are &Pc' creel as written pa
pen ?--he does not. lie conceived this to he nue of his periiiiari-
ties ; It might, he dui:it:lit, lie a tins-nailing. Ile looked at the •
affidavit. and he toned it del not de,vribe these lecturer as written
compositions. Lott as deliy.at .! front written papers i and thus both
bill and affidavit agree in stuti:e. they are nut writtcrecoutpentitiors.
Thine is ito part ni the bill er affidavit to show the distinct of any
document trout which tit...cit....emirs:awe hthen. Ile did not know
Mr. Abernethy as a public ibeitirer ; he mind, knew him us de-
scribed on the rerun!, as a surgeen, who hash certain duties to per-
form at the Hospital ;it v.-as part et these !duties to pertorm and su-
perintend operalions, and teach the stmt.:v..le. Ile hail also to lec-
ture to the duelers ts men these operatiear, if 3 discourse it his cello.
finial manner C• 11141 lee called a loner.% Ile had ti ailvi..e the
students, unil had to pi rMrtit in the agevegate,
amounted to those a a stirgcoo, rot of.' tilling a professor's
chair. If he refused the performance ei se duties, he would
lose that &inrn teal Willa' he sit th,:e.% :illy idled. Ile was to state
facts tending to the adroto tt . :it of sitr%ery, the usages countion
to surgeons, and which should be et:teeniest to the young men who
are to he surgeons here:nor, 311.: Lilo, without the benefit of these
instnietione, would have it,, rts‘port to their itrofoOtion, according to
the regtilatioine of the Col tge el' urg•aos. link rithl this si-
tuation be avaintilated to a fret:-say u, cheir- h•ite oath! it be
compared LU the ease of a suer . n ? Tarn. was nothing Ilion: unlike;
there was no torniblano• what. ter. lie did rot k: ow what :he
Tplaintiff's case was ; he did not lawn hoe to deal snit it here; if lie
had to prove facts. if the imestion was in a t curt sat lets, he would
know lute to deal sith it ; it was a Inn dig feet, and Hunt fed upon
the other side, that such a case as this had never been heeded. An
injunction neyerbe grant. it, c!.retit when the matter wasclesr,
nor, he would almit, feint, :timid dee:shim lan from anaingy of
reasoning. our should it he impute.; as a stat;eCt iit Wattle, that he
did not iii,,termarl tit •r in his Lamed Friends when they
did rut in:de:moral it ; they took not the facts 5.5
proved. nail then Caine tithquely 110 their conclusion. The
law t pen the wets clearly laid down in the statme
Anne, which re Gaud to all a rit .eit evateesitioes, and it was iiitided
in the inctasice of Cwt. wit, puti'eshei Pope's letters. Tine: did not
tesetulde. Boswell's of dolteson, in which eone.r..ateilis Were
tarried sway. The t.ar of 31,1.1111 &II HA apply. lie was not
a publisher: he was rot mein t•• recite a play; it SAS net
with a matter on dote ; mad if he wrote a pi,e, ;on;
it to the actors, tin: would be a at, lint such was no• the
case, air 1.11 l tall for hits tit it le nett:t. and Tee, iced money. The
short-lei:id writer was pad tie guilt.s for iakilig down le sot
ie.:shout his authority ; no initiecoon sls grain en. and if ii Were
nut, dense who ITTOIV 1.07 M 12111.110 Wald K.' the 1:1,,S1 WII,TIaCC,II.I
or all authors, and no tarn iLidattl ileVide hiss Ittlittittir to c,anisly.
In the case of Macklin th, re was 1111 athlete nod a copyright.
In the pnesent there win neither. list OM 'mold be Butt. The
opposite. party colicein il the f.ae imblication to he immaterial.
lie could nut 'Alma them. lie should rirettillso7ll.w Ins atgu-
tuent within the law. Was the oritv situ It centde.t. at with
general reason at !his tint: sit e Would um the t.n,yeiiirm.,• of
granting this iejuection be e :liar eetedetbetine.sl by the cen-
sequences ? ar. IliTt.,tlll%, etiailtittrieal.34 tinter facia 01 int-
voidance to the pt,b!te : C.,. cememettly with I.;eneral prin.
Niko, or with the ailtae,-: ,it ct to he ?
I, was vitally inipor: tilt to tile mil I e that toes niave. tel with
knoglOw• in 1:4-11ttl T• 101111 IS• et/W..1:11,1e OT1; it T• 1.1 igoly•Tirlt
etas to MV. ..T/ITTIS-AtT 111.11 Lis pi:C•111•Ol!...-11 010,11 1,1.1111,1
omit; 1, Was DM 11011. 111: Cat•P...:l it the
concealed. No iopinction eta t. g,..ni.sl sin:
oldest, ILe csistetive of the Uk.lk tan he show tl. Ttee v 1,,
work., it was a men' come, .itty p:-rice rte r h. a- et .c,
einbiai: tato root aed mg of pyre-y, with ,it
compering tiu• work seita iler low could hut. 1i0n;.1,,,
know it the clia.%;•• met t.s.e. m•itholit Sttell witiart....
Tat, I'ollll Was it.o! tit i!..a' • Abernethy as s 1.
1.
wets to be sticted lilt 1,/ ;11111 .• to all el.• 1.
11* thin Were slot e , I t.,• , ~• .• To
jute, unit it soi,i,t t,.• sac. 4 0 :re It. - ...• . ~t
taco, over aldelt '.ie • ! . , r, • I': • -.•

;;:.lia,t th 1.:114. I • :
teuch the ptit,:x tl.nr t.:
oug4t lug I.) b•• ^..r.. I

won,

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