The British Press; or, Morning Literary Advertiser.
London, England, 1807-12-18 00:00:00

against

We have already stated, that some political ar-
rangement of importance is in agitation, in which
all parties are interested, although we are nut com-
petent to state its precise nature. The Duke of
P o had a long conference on Wedrsiday
with the SPEAKS& of the House of Com Mons, at his
house in Palace-yard. Yesterday he had another.
All the other leading bli.mbers of Administration,
and one of the Royal Dukes, had also conferences
with the S yesterday; and at three o'clock
Mr. Canartro left town for Windsor. His MA•
JSITY did not go out during the whole of the day.

The Expedition fitting out at Portonloth, under
Vice-Admiral Sir CH MILLS COTTON and General
SPENCUR. will sail without delay ; report states,
on to-morrow. The Naval part consists of the fol-

lowing ships, now lying at Spithead 1—
Minotaur ~ vies Adm. Sir Chartes Cotton,
, • • ,•Captain Meas..
Spencer, .. 74 Hot:. Captain Stopfrord,
Srenewick, . .74 Captain Graves.
Saturn, . 74 Lewd A. Beauelerc.
•
Antelope. . 50 Captain Galway.
Is 4. • .• 40 Captain Laughatne.
Diomcde„ • .30 Captain Domaine/.
And some light vessels.

The 32d Regiment completed its embarkation on
Tuesday, and the 50th yesterday.

We have received some American papers, but
none of a later date than those which :mired on
Monday last. They contain, however, some int,-
resting intelligense. A vessel arrived at New.
York, states, that the British force had cut out all
the Danish shipping at West End. Bt. Croix, and
also several Americans, with Danish property on
board, and had proceeded with them to Tortola.
The Nafional Intelligenter appears very 'anxious I.
contradia the report that the Paesioarer had re-
quired an answer from the English Government,
within four days, to the dispatches brought to this
country by the Revenge schooner. No such demand.
it asserts, was made; and therefore, the inference of
en hostile temper, on the part of the American Go-
vernment, deduced from it, is without founda:iraw.
The formidable preparations for the expedition
against Spain and Portugal commenced much ear-
lier than the French Papers taught ns to believe.
Indeed, until lately, The Times, and corn. of the
other London Prints. affeßed to treat the accounts
of the assembling of an army at Bayonne as totally
destitute of foundation. It appears, however, from
a letter in the American Papers. dated BJurdeaux,
September 8, that an immense army was marching,
at that date, through that city. on its way to Por-
tugul $ that Spain was supposed to be included with-
in its destination; that a new kingdom, comprising
Biscay, Navarre, and Catalonia. would be carved
out for Lucite 800 aaaaa $ and that Portugal was
to be given in compensation to the KING of Spats.
A.drearlfel fire lately broke out at Fredericks-
burg, Virginia, which destroyed 200 houses. The
damage is estimated at 400,000 dollars.

Dispatches are hourly expeacd at the Admiralty,
from SIT SIDNEY SMITH. The sgthicir..n under
hie creentemed pima Care Fiaisterre ou the 14th

„, _... .

' , ,~..

• %••

last, and we may presute••, reached the Tagus on
the 16th or 17th. A tnon:h has thus elapsed since
his arrival at his destinatim, without having fur..
nishrd us with any advices from him. The public
mind begins to feel some anxiety and Impatience

•
from this long silence, and, as usual in such eases.,

ennjeEture is made to supply the pl.see of real in.

telligence. N'atious turnouts are in circulation;
one. at we stated yesterday, announced, that he win
killed in an attack upon the Russian ihips in the
Tagus; another state; that he has captured Fire
Russian sail of the line; another that he was unsuo-

emshil in some attempt that he made in the 'ragas.
and that he is coming home in a very shattered state;
that the flihsrsig particularly has lost her masts; ant
that cvet y one of hh ships has suffered. though not
to the same extent. We could not Crate either of tbesa
reports to any authentic source. We believe that
they have originated in a paragmaph in Tin Gums.

on Tuesday, stating, that orders had been given at
Plymouth on Saturday to all the Kt N o's pilots at that
port to be upon the alert, and hold themselves is
readiness at a moment's notice. From this order it
was inferred at Plymouth, that Government es.
petted the arrival of some crippled ships that might
sequins the assistance of the Pilots.

• • - •
A Council sat yostaiday at Lerd Min.:navels
Office in theAdmitaltyjor the examination of pilots,
who are to be employed upon another new Expe-
dition. A great number of pilots attended.—
Their examination related tb a particular pun of
the enemy's coast, which it would not be proper
to mention.
Lotd G. L. Crewels is hourly expeeted from St.
Petersburgh.
A Messenger arrived, lad morniog, at the A
miralty, with dispatches from Admiral Mom T A co.
the Port-Admiral at Portsmouth, containing dis-
patches from Lord Cassinowoon.
Yesterday a meeting of the Russian Meech's.
was • held at Barsoo's Coffee•bouse, to take 1e
consideration the propriety of addressing a Me-
morial to Government, fur the release of Russian
ships and their cargoes. It was numerously at-
tended by the principal persons connested with MU
trade; and, we understand, it was the expressed
wishes of the meeting, to avoid any publ:ge
their proceedings, until the answer of the
was received.
We are well assured, that the Court of Dire&ors
of the East-India Company have ordered the Go.
vernment of Bengal to provide a large quantity a(
hemp for the consumption of Great BritAin, and
direfted the extension of the cultivation of that artily

cle in India.
Wednesday Messrs. WALen and NESIITT waited
on the Minister. and concluded on baying two Lob;
series of 25,000 Tickets each, instead of two of
30,900, as they first propoed. The payments aro
,tube as under :
Deposit. 22d tree. L.I 10
- - 21.1 Jaw. .... 1 0
19th Feb
Three days before Drawing

L. 17
and a deposit of 10s. per Ticket on the second Lot-
ts ry, to be paid at the same time as the deposit of
the first.
Mr. Cs Ysa, the Admiralty Messenger, left the
Admiralty. on Wednesday right, for Portsmouth.
with dispatches. to be put on board a fast sadists
vessel for the East-Indies.

Dispatches. received yesterday from the Teal,
dated the 16th inst. announce the capture of severed
French privateers. The particulars will appear in
to-morrow night's Casette.
An American Gentleman arrived in town on Wed-
nesday from Bourdesux. whence i.e sailed en 30th
ult. in an Americas ship, which. with Authoress*.
der the flag of the United States, had bed Misr.
go-A there for five days. The order for the' 41118.
bargo was put in execution on the 2ith. on 'hi&
day every Captain was dircded to deliver up his
papers to the Officers of Customs. This measure
is stated to have been resorted to for the purpose of
preventing the escape of some person from Fraacm
It was not known whether the plied was WOW
plished, but on the 30th the embargo was taken oIL
A Court of Common Council was held yesterday,
at Guildhall. The Court agreed on a Petition Irma
the job ibitants of Tower Ward, to move the Corse
Office.
The Court agreed to abolish the office of Coats
mon Hunt.
The CHAMICRLAIN was direded to pay of
40,0001. Temple-bar Bonds, before the Sth of July
next, and to give six months notice to the several
parties interested.
After much argument. it was resolved to refer it
to a Special Committee, consisting of all the Alder-
men and Commoners from each Wasd. to consider
the best mode to be adopted For increasing the Re-
giments of London Militia, and for carrying the
propes.4l military plans into execution so far as they
relate to the City.
Last week Mr. TeLsoao has been employed in
taking a general view of the West coast, and the
country intervening between thence and Carlisle.
preparatory to his commenting an glint survey for
the intended Canal betwixt that city and the Wert
Sea.
Government have within these few days become
possessed ot some very important French documents.
which disclose secrets of the highest magnitude fa
resped to the designs of 800 AAAAA a. A very cos-
siderable degree ot sonsequence is. we understand.
attached to them. They are signed by BONAOAIIIII
and T• 1.1.2 A , and persons well acquainted
with the signature of both, are persuaded that they
An genuine.
The private letters that accompanied the last
American Papers counteract, in a great measure,
the tied which might otherwise have been pro-
duced by the President's Speech. They state, with
confidence. that the opposition he will have to C.:-
counter in Congress will be se strong. as to render
abortive any endeavour of the Gallic party to in-
volve the States in a war with Great Britain.

• mew
,

• ••.•

• -
•
•
""aNt o
or" •
•
THEATRT
Last night, the new Tragedy ofaa
ilaAliener awe. a
mond time performed, and very well received.
There never was an author more indebted to
Performers than Mr. Geowin. Mr. ELisseoss, in
the scene with the Countess, where she informs him
that his mother is dead, received three distill& peals
of applause. Mrs. Poww. appeared to great ad-
vantage. She was much indisposed on the first
representation, but lan night performed with all her
usual energy. Mr. and Mrs. Hailer &ODOM ap-
peared to great advantage. The latter delivered
the Epilogue in a style that excited great applause.
Mr. CeLsaw's excellent Comedy of 7eha Bell
was performed last night, to introduce ivlr. H.
introit, from the Liverpool and Dublin Theatres,
in the part of Deana Braltrtuldery. His reception
was as nattering as is usual on such occasions, and
his perforrnantevery reapedable ; his first At was
his hest, as it is the author's ; his dialogs', in the
second, with Frani Hotielale, was not so good, from
a want of that harmony which makes recitation
easy and natural; bat his scene with Mary and
Mrs Nridgradery made full amends. We make
so doubt from Mr. Ha atsarow's knowledge of
the stage. and other requisites, he may be found
an only useful in Irish, but in other charaders of
importance. Mrs. Muumuu was the substitute
for Mrs. Gi.evea, in Lad, Caroline Brayinore ; there
was no change in the other parts. The Blind Boy
followed.
ANOTL ER ROSCRYS.
Oo Thursday evening a young gentleman made
his debut. at the Manchester theatre, in the part of
Rolla; his name is Colter* v, and he is a pupil to
Mr. Motion, to whose excellent tuition Master
Barry is so much indebted. The Manchester n-
il, n leer speaks of him in the following terms :—" In
3.2,,10n to a fine-toned voice, which possesses con-
s,Serable power and flexibility, he is of a tall and
wen-proportioned stature, treads the stage with
manly dignity, and seems a perfed adept in the
histrionic art. A hide more grace in his adion
would, however, much improve him; and when
he shall have acquired this, we predid that he will '
peeve an ornament to the stage." Oa Monday he I
was to perform /(olio again.

LA,

The Duke and Duchess of NORTNUMititiaND,
sad the Ladies Peeve, will leave Alawic Castle
m the course of ten days, on their way to town.
Northumberland Houle is getting in readiness for
the reception of their Graces sad family.
Viscount GAGS is nearly recovered from his late
iingerous illness. His Lordship will leave tows
a Monday fur his seat at Witsbary, Harnp.hue, to
Fos the Christmas holidays.
Viaciam Malletams, it is 'spaded, will be able
leave town is a few days for his seat in Essex,
lot the recovery of his health.
The Earl and Countess of Pawls will entertain a
rgs party of fashionable* during the holidays, at
elegant seat, Waleot House, near Ludlow.
A Miss S. BOOTR. another Tonne It oreie, is
Ting Doyle' At the Newcastle Theatre.
The Marchioness of Dowasnia a entertained a
party last evening at her house in ilanover-
sire.
Lord Lawson GOWeit'S house in Stanhope-street,
phi!, was last eight in readiness ter the recep-
• ei his Lordship, who ie tautly expeSed is
an from Russia.
Mr. latnear's exhibition, at the Lyceum, in the
• , last night, was fully attended ; and Miss
oleo performed her evolutions on the slack wire
els the happiest effeet.
The Gentlemen of the Apollo Society, at Cork.
.menced their charitable dramatic amusements
Monday last, with The Blear Stratagem and
lieekosis Afeisitaness ; and en the 11th of Janu-
there will be a fancy Ball for the benefit of the
of industry.
The last arrivals at path art—
ier( of Peterborough, Lady Smith, (lady Clanbraosil, Lord
Pion. Lord Wigtoirsi, Lord Lanarboroggh, Hon. M's.
day, lieu Mrs. Worth, Sir William Forbin, Sir Joseph
t, Sir J. C. Hippieley, Sir J. Disrbin, hit N. Cinatbutst,
'l'l Sunbury, Lunt-Colonel Williams, Major Towkins,
;Y. and MIS. Haves, Major Bingham.
A Mr. Dixon. of Windsor, a stage-ensei youth,
to perform the part of Rolle, at the Windsor
tare, last night. It was expeSell he would be
ed by all his townsmen.
The itelimarrith Correia speaks in high terms of
• Yousia's /aegis, and also of his Busediek, in
I 41. Atheist Nelhies ; which was followed by
• e, and introduced Miss LA ea MAN to an Edit-
gb audience, its that interesting part; of whom
sane paper says--', she has a very sweet voice,
promises to be a considerable acquisition to the
°piny I and received great ap
otplause."
kb. H. SIDUGNS'S comedy Ttele's a Tell Tele
travelling fast and most successfully. Mr. Hoe-
s is the Blexeljord at Dublin, Mr. Cosniasu au
Bath. and Mr. llwr se at Manchester, whets
Glows is the (Aria irputian.
There ass announced, at Stirewsbury, for nest
.day, two Intantine Musical Phenoweelea s a
lunar and Miss Saar* (the boy in hie seventh
Al's and his sister only tire years of age), who
11 play oe the Violin, Piano-forte, and Musical
Mmnday last, the reraains of the much-la-
Miss LOWAIIIIM. of Keeton, *mete interred in
family vault at Welhain, in Leicestershire.—
funeral procession was attended through the
Allip of
can
by thirty children in mourning,
m the deceased in her litr time bad clothed and
sated. At Welham, twenty of Lady Jaws Lo.
Noes tenants augmented the mournful cavalcade
t:;e grave.
tin Thursday se'neight. as SAVOIL ALLBRIIT,
Maidenwels, Lintels:hire, Esq. was draw*
the contents of his gun, which was incautiously
St full cork, It went off, and ~low one of his
Ps from his right hand.

I'

ti'
~ ,

INT or RIM% BENCH, OVICONALL, Dec. 17.
~,
ahrs, Stier* Lend LLLLL 0101301 t and Special
uTzemty PROPERTY.
stowerre V. let LIU.
Mr. G•aeow, on the part of the Plaintif. stated,
that this salon related to a subjed of vest im-
portance to all men concerned in literature. and
eonsequestly to the public. The Plaintiff was the
author of a book, iatitled, The Art of Defence, en
few, with the Bread-Sword and :eke; a work which
was published some time ago, and was deemed ex-
tremely valuable at a time like the present, when all
descriptions of persons in this country, were so
much disposed to improve themselves in every spe-
cies of military exercise. To make this work as
complete and pedal as possible, the Plaintiff caused
two Gentleman, eminent in the profession of fenc•
ing, to go through the various exercises of
the broad-sword, and to place themselves in
those attitudes the most interesting in that exercise,
in order that an eminent artist, of the name of
Porter, might draw sketches of their different
positions, and afterwards engrave figures there-
of. Having applied himself much to the study
of that science, he had produced various valuable
and ussfsl observations thereupon, and had pub-
lished them all together, in the form of a book, at
Mr. gprton's. the Military Bookseller. at White-
hall. The value of this publication was evinced by
its rapid sale, it having gone through no less
than three editions. The Defendant, Mr. Wilkes,
was a bookseller, who had already amassed a large
fortune, but seemed to have bees in the humour
of increasing that fortune by making use of the
labour of others. He had employed himself in
the publication of a work called lhe Aneyclepeehe
Lonetinensis, pirated from the works of living au-
thors, from day to day. which task wanted neither
judgment, taste, nor genius, the whole of the exer-
tions being limited merely to a liberal use of paste
and scissars. This publication of the Defendant
came out by numbers and by subscription, by
which means lie was enabled to publish, compara-
tively fur nothing, the works of the most ingenious
men, who had employed their time and talents for
their advantage, and the benefit of the public:
Such had been the condo& of the Defendant in the
present instance- Ile had copied, literally, ma y
pages of this work, and had also caused engrav-
ings to be made, similar to those which he met with
in the Plaintiff's h ok. If this could be done with
impunity, there was an end a. once to all citron.
ragement to genius. The most valuable sod ex-
pensive works of Sir William Jones, or. of any
other celebrated author. would be brought est io
Grob-street publications. upon coarse paper; sn
that the 'artik of the puhfic, finding that they could
be satisfied with a cheap copy, the author of t ie
original work would never get the rearard which
his merits and his trouble entitled him to. The
subj-d of this kind of adinn was now extremely
well understood, by its having been fr. fluently in
Court ; and it was held, that if any man copied the
work if another, in substance. and then sold it as
his own, he was liable to be prosecuted for damages.'
The Inersed Corneal theft proceeded ro comment '
upon the text, in various places, chewing that the
one work bad been copied from the other. He also
expatiated upon the prints, and :hewed wherein they
differed, and the artifice that had been used in or-
der to disguise the original, by putting upon a vo-
lunteer the dress of a Highlander, while the figures
remained, in size aad real proportion, absolutely
the same, as would be most manifest by the app!i-
cation of a pair of compasses. With these obser-
vations, he submitted that the evidence he should
adduce would entitle his client to damages for the
injury he had sustained by the condud of the De-
fendant.
Major James, the first wltness, stated. that he
knew Mr. Roworth's Ant of Defence on Kra to be
an original work, having secs it in manuscript;
that be had himself furnished the idea of giving
observations upon the spadroon ; upon which wea-
pon, till Mr. Roworth's work appealed, no re-
marks had ever been published in England to his
knowledge; nor had he ever seen its use exempli-
fied but on the Continent. He considered Mr. Ito-
worth's a valuable and original work.
Mr. G. Davidson, Printer, deposed, that he served
his apprenticeship with Mr. Roworth, who taught
him the use of the sword ; that the first edition was
printed from Plaintiff's manuscript, and that Mr.
Roworth bed placed him in the several positious,
from which he took descriptions of the necessary
postures for learners to obtain the art.
Mr. J. Houghland. Printer, deposed,that he knew
the first, second, and third edition of Mr. Roworth's
work to be printed at Mr. Roworth's office, and
under Plaintiff's immediate inspellion.
Mr. Angelo deposed, that he had taught fencing,
or the use of the small sword. many years; had
been in the habit of colleting books upon the
science; that he never knew any work of value upon
the broad-sword till he saw Plaintiffs; that Mr.
Taylor taught him the broad-sword, and that De-
ponent considered The Art of below en Fokt a meri-
torious and original treatise.
To prove the originality of the engravings, there
were called, on the part of the Plaintiff, several very
eminent artists, vie.—Mr- Stalker, historical en-
graver, who described such engravings in this re-
pablication, as, in his opinion, evidently appeared
to have been copied from the original sketches, by
Mr. Porter. Mr. Woodthorpe, a celebrated en-
graver, of Fetter-lane, also pointed out, what, in
his opinion, constituted the difference between both
works ; and stated that he had no doubt that the
plates io the Defendant's book had been copied
from those of the Plaintiff. Mr. Ashby, as eminent
portrait-painter, deposed, as his opinion, that it was
impossible for any artist to make designs sa near the
original, without having adnally seen and imitated
these plates ; and further added, the wherever
there appeared to be any deviation its the latter,
from the former, it was evidently for the worse.
haviog been executed by an inferior artist, Mr.
Porter being particularly celebrated lot the anise-
ton which he give to these sketches. The espied
plates were clothed is various attires, in order to
disguise the outlines.
Mr. Harris, a gentleman with fertilely condeded
Mr. Egerton's business, Jer,sed as to the great
caiman's in which the work was Mids and the ra.

____ first edition.—Mr. Pinkney, a per.
in the present employment of the same bask-
; spoke as to the sale of the second edition,
which was also exhausted in a short time ; and as
to the third edition, he stated that a hundred and
thirty copies were sold within the first year. but
that latterly a great diminution had taken place.
John Car, the foreman to Mr. Wilkes, deposed,
that lie had been 17 years in the Defendant's em-
ployment, and was with hies when Nos. 426 and
429 of The Istoceeleprvira Leeeheessis, *ere publish..
ed, in March, 1205, containing Toe Treatise ea
Fearing. There were about 2000 copies of each
number sold. Ile generally had the charge of pay-
ing the persons employed upon that wog k. A Mt.
James Chapman was the engraver ; but he did not
'member whether he sent him pictures to reduce
or not for these Numbers on Fencing. as he some-
times did not undo the parcels that were given
him. He had no doubt that there were some pia.
tures in Court from which he took those in do
pnAlacation ; he meant the plates or engravings
from which they were taken; he did not
know any such person at the bottom of the
plates shewn to him ; they were purchased from
a Mr. Kilinagie, a German Printseller, in Cook-
spur-street ; be did sot know the price that wee
paid for them. but he believed, that it was molar
the sum of five pounds ; being shown she . boot
'Tun fencing, written by Roworth, he could not
say they were taken from that boot T Mr. Wilknea
numbers sold at eight-pence, and they were not in
the custom of selling particular treatises by thorn-
selves.
The ATTOltileT-Gerraltat., on behalf of the De-
fendant, stated, that he, Mr. Wilkes, was not so
solicitous about the event of this cause, as he was
that it might net be supposed he had dealt unfairly
with any atithor. There was not a man in the king-
dom who would mote conscientiously abstain from
encroaching upon the work of another. This was
not the case of a publication with the avowed inten-
tion of meeting in competition any other work in
the market. Mr. Wilkes was the publisher of a
most useful book, called Tie Encyclopedia Leadirres-
sir. being a Didionary of the Arts and Sciences, a
work that was of the utmost importance to the lite-
rary world. He acknowledged it was of the ut-
most consequence, that authors slieuld have their
works secured to them, under the common law and
by the statutes of the country ; and he agreed, that
if a man, for the purpose of pirating a work, makes
alterations, so as to put a mask upon it, but which
is in reality the same with the original publication,
he must answer to the extent of the damages the ori-
ginal author has sustaMad. We must not, however,
include amongst awe, a person in Mr. Wilkes's
situa.mo . his work being avowedly a colledion of
J'd.sent treatises open the Arts and Sciences; and
c.ere might not be ten men in the kingdom, who
would purchase one particular number, without
having the whole. A greater degree of latitude
might be allowed to persons in such a situation, than '
to persons sending into the world a separate re-publi
cation of an original work. In such a work,thousoads
of other authors tell under the same predicament as
Mr. Roworth, whohad suffered no injury. 'five Plain-
tiff's book having been first published in rfall, and
gOftethroush three editions. it was natural to sup-
pose that the demand fur it would gradually decline
in 1803, as indeed it had been proved by the evi-
deuce ; but that decline was not to be attributed to
the publication of the Defendant, although Mr.
Roworth would have the Jury to believe so. Mr.
Wilkes had not acqtured a greater sale for those
numbe s that contented the treatise upon fencing
than he had for others. The Defendant had out
relied upon the .rt of fencing to establish its repu-
tation, and he believes that many of the subscribers
rhad purchased his work without ever knowing that
there was such a treatise in u. Mr. Wilkes was
justified in she same manner as a Reviewer, who
takes ertrafts from a work in order to criticise it,
and who may even. by his criticism, convey to rile
reader an idea that the work is not worth perusiug ;
and yet no one ever heard of such Reviewers being
prosecuted, although they may have published such
copious extrads as may satisfy the generality of
readers, and prevent them from purchasing the
original. From this it might be mimed, that
had Mr. Wilkes re-published this work, and ad-
ded a few words, in the spirit of criticism,
he would not have been liable to an action, but
that if he published it for gain he would. To
render Mr. Wilkes's work complete,it was absolutely
necessary to adopt the best treatises upon each par-
ticular subject, and his doing so ought to be reckoned
an honour conferred upon the author. Besides this,
there was a great deal in the one work. that was not
in the other. ho much, then, for the letter.pt ess of the
work; now, as to the prints he should only observe,
that the Ads of Parliament doted the engraver
to snake an entry of his name, and to engrave it
on the print, as being the author, in order to secure
the liberty of printing and reprinting for the term,
and the renewed term of fourteen years, other-
wise he is not entitled to an atlion. The Ads
he alluded to were, the Ilth of Ann, ch.' 19. kb
George 11. ch. 13. and the 17th George 111.—
A claim for damages for re.pubtication of prints
had always been considered as grounded upois these
Statutes alone. He remembered the case that oc-
curred upon a person having re-published the print
of my Uncle Toby, in Sterne's work; and of Molly
Seagram, in Tom Jones ; wbere it had bees argued
by the Gentlemen at the Bar, Wore Lord Kenyon.
that there plainly appeared to be a great many re-
semblances; and that the re-publisher cmtd not
have seen the former : but his Lordship said, sent
the Statutes had not been sufficiently attended to
on either side by those who argued it. 1h• se Sta-
tutes only gave an action where the main design of
the print has been copied ; for otherwise it was not
a piracy. Mr. Wilkes was said to have imitated
the outlines of Mr. Rowortn's work; but he begged
the Jury to observe, that this was not to oe deemed
the main design of another's work, as the attitudes
mist necessarily arise from the rules of the art.
They were as immutable as were the forms of the hu-
man body. The figures descriptive of the principles of
attack and defence could not be variedrand were as
indispensably necessary as a diagram in toclid was
to illustrate a proposition on the precepts given.
Upon the whole. therefore, it sins evades.. that Mr.
Wilkes had merely had recourse to the Plaintiffs
wr rk in the same manner as he bad moow to
others end could not be er.1%;•44......*--

}sue

•
having ineerporated a pert of it into hit Dielionarf,
he having had so intention to diminish the Plaintill's
profits.
Lord Ets.reeosoesit, in addressing the Joey.
recapitulated the priseipal features of the case, and
rteommended to them, if chi.), believed the Plaintiff
to he injured, to specify theAlamages for the pulaii."
tenon of the letter-press; and that of the prints. le.
namely, with a view to ally question that might
afterwards arise, as to the ConstruCtion and effeet of
the statutes that had beeri alluded to by the Attor- -
ney-General in the defence, in order to contribute/tie
a greater facility in subsequent decisions. •
The Jury retarned a verdiat for the Plaintiff....
Damages, 701. for the re-publication of the letter-
press. and SOI. for printing the plates.
COURT OF COMMON PLEAS, Gossorstt, Dee. V. I
ifittiags at Nisi Priest kters Lent (*gingiva '
MAMSSISLO, cad a Special Jury.
CONSPIRACY.
HATHAWAY w. Davis. aaeaow, WINCES, 04
11•1110 T.
Serjeant SHIPNIRD stated, this was an anion
brought by the Plaintiff, to recover damages on ac-
count of the Defendants preventing the Plaintiff
from getting his certificate of Bankruptcy, which he
was entitled •o. The Plaintiff had become a Bank-
rupt in the year 1800 prier to the Commi.tion of
=titre,. he had had some dealings with De-
`
Davis and Barrow. He borrowed money
AIM than on the terms of usury. Previous to the
litpplareato of Plaintiff before the Consts.ssioners,
lta was requested by Davis and Barrow not to in-
Nem them of the real nature of their debt, but to
say it WAS for goods sold and delivered. The Plain.
tiff, not regarding the caution, informed the Com-
missioners of the whole trausaCiion ; after which,
Davis and Barrow endeavoured to prove their
debts under the Commission of Bankruptcy, and
were defeated.
A,
The Plaintiff applied to the Lord Chancellor
for a certificate; his petition was signed by the
whole of his creditors, except Davis And Barrow,
who entered into a most cruel conspiracy against
the Plaintiff, by getting Maria and Winkle. the -"
other Defendants, with Mrs. Grosvenor, who lives y,
with Mr. Winkle, to swear the Plaintiff was guilty
of gaining, and had lost more than 51. to Mariot,
playing cards at the house of Winkle; who swore to
the fact of the Platotiff's coming to his shop to boy s
•
some silver spoons, end on seeing a pack of cards,
competed to have a rune of put for a guinea, for a
dinner, with Matiot. they played, and Marlin son •
it s after which they played five primes a game for
two games, which Matiot ail, won, and the Plain.
tiff paid the money. This charge of losing at cards
was backed by the affidavit of Marna and
Mrsl
Grosvenor.
The Defendant, Barrow. petitioned the Chancel:
for to prevent the Plaintiff hem getting his cents. I
cite, which petition was accompanied wish an at&
davit of Mr. gai row. stating, that be wished to
prevent Plainuif (tom obtaining his certificate,
from the purest mains. to prevent fraudulent
bankruptcy, and to &hew that tradesmen were not
justifiable in squanderipsnwagthe plaptsty of thole'
cteditors, at gambling tallies. Serjeant Shepherd
added, he would chew that neither Mario'. Win-
kle, nor Mrs. Grosvenor, had even seen the Plaintiff •
at the time this conspiracy was entered into. He
would also sbew that Winkle went to the King's
Bench prison to see the Plaintiff, who was then '
confined as the suit of Davis and Barrow, under
the feigned name of Lee, to be able aftewards to
identify his person. The consequence was, that the
Chancellor refusal the certificate, and the Plaintiff
d d not get it until 1806, when he came acmes -
M•Lechy, who was an agent in this vile business. and •
whom be shiaild bring tiarwatel, this day, as a wit.
nest. He was sorry he could not produce this
witness unsullied—hewas not ; for he was the tool
of the Defendants; anti it remorse had not takes
p..ssesiion of his Dieu:, the villainy in that case
wr.uld never have been known ; but he would pro.
du. other evidence to suSstantiate that of
M•L Ti.e Defendants had been indicted in
a trim sal Court, and met with that punish.- ment which their ciimes deserved, he would
then call on the Jury for damages. His client bad
been, at the time of his unfortunate bankruptcy, a-
Cierk In the Bank of England and a Coal Factor
he was at the present time a Clerk in the 11. ink, and he need not mention to the Jury, it Le was a card-
player and a gambler the Directors would not em.
ploy him ; he woulJ prove that on the day it is
sworn he played cards at Winkles, he was piageon-
shooting, in company with two respailtAble trades.
men, and did not part theni until twelve o'clock at
night. He het heard Mr. Davis would set up. its
defence, that he knew nothing of the bu •Mess ; but
it would be proved he was as deep in the conspiracy
as Barrow, or in bringing at into CieCtlooll. as
Winkle and Mariot ; and that be ritually paid
them for the false affidavits. The Detenaants
had refused to give a list of of their wit..esses ; and
why they had none: having a touch of the pillory
themselves, they could not had men hardy eaosign
to ran the risk of the same tate. Mr. Serjeant
Shepherd then proceeded to call witnesses in sap.
port of this statement.
John Eyre, Esq. proved the Commission of
Bankrapty, June On, 1801.
Mr. Samuel Sawyer preyed being Petitioaing
Creditor for a just debt, sad that he signed Plain-
tiff's certifiCalt.
On cress-examinatiort be said be had not received
any dividend ; there ass only estate sufficient to
pay the Solicitor, and 101. over. He bad under-
stood that Dr. Perry, the uncle of the Plaintiff,
would pay him, but he never had. Witness pe.
titiooed for the At of Bankruptcy, because he
heard the Plaintiff . ad got money, on terms of
usury, from Davis and ban.- le,
Mi, Ely proved the lodging of Pla,:o t A's petition
in Coancery for a Certificate, end the applic.Lion
and affidavits of Defendants.
Mr. John Evans and Mr. George Field proved
Win friers band-writing.
Mr. William Barlow deposed, he had been one
of the creditors of the Plaintiff at Grildtall saw
Davis and Barrow ; they asked him would he sir
use certificate f he answeted is Lie affiterative;
winch they d-sired slim not, as the Plaintiff Lad been
gaisbling, acid it would only cost them

1.11
t.
i.