The British Press; or, Morning Literary Advertiser.
London, England, 1818-12-08 00:00:00

and Wakor." Now this bill had nothing to do
witkary foreiroltoometioo, Inaba wu it drawn
in Ills ten ~peciaed~iem whiekit most be infer.
red.:that I:WM.llft WEE connected with it, and
that he 'doll wait .
The Ckist Junes Mid, if the Jury were a
opinion
,that there was no such person as Web's.;
and that this deed was merely trumped up fat' tbs
purpose of turning round, at a period subsequent
to its date, any individual who ought happen to
sue Davis, they would find for the Plaintiff—Amu
if thee con.idereil the tortritienship to be real
hunt' fide. they would return a verdict for the
The jar! found fur the Plsiiitiff—Dimimm
tpdaeipal end interest) 436/. ifk.....voitis 40s.
At half-past two o'clock the CIIIST JUSTICE 11100 e,
being obliged to attend a Privy Couwil. Mr.
Justice liAr,ot -
s number

Ha' . -
then took his seat. mid proceeded
to try a . of causer.
. Watts v. sittioca.
This etas cap action bronuht by the son of a
'Thustc-seller at Bath. to recover &mars from the
Defendant Inc kaviaic pirated a musical comprni.
firm, the property of the Plaioiili. called Captain
White. a cnontry donee. which had long been n
avonrite in the foilltiimable circles in Bali and
iLsonlon.

Mr. Simms?* .batrlsor stated the particulars of
the case. proceeded to call evideucr iu support of
the Plaintiff's-claim*.
Grorga Whiter the brother of the present Plain.
tiff, resides at Bath; his brather composed the
dance now called Citphsits White. Winters saw hi.
brother compose it, the first part in 1814. and the
latter part its 18111. No Dame appeared to it till
the latter part was published. It was first sold in
•1110onewcript copies, but no copy was sold without a
mtfilication on the top. is This dance is the pro-
ver of J. White, as entered at Stationers' Hall."
Metieen 9,000 and 4,000 were sold in manuscript.
lt was afterwards published with fifteen other coun-
try themes, at 3s. 6d. the set.
aross-ezonined.--Tlw first pert was co.:spoon'
in about five minutes; witness was present during
'the time; he was also present when the second part
was composed, which occupied about the same
time; it was repeatedly played before it received a
!name. by the Plaintiff. to the wittiest* ; it was first
blushed in mannscript, in December, 1816;
Om it was first printed, it was stated to be the
Ileol.mksis of J. T. Reid, and so it was entered
ot &Nhewers' Hall; but the Plaintiff 'told the wit.
ness he had entered it as the property of Jabs
Jo 111 White, ten. (other of the Plaintiff, he.
WM a vansic.seller at Beth, anti belonged to the
Co inert band foe upwards of fifteen years. Thu
Youutiff. setting aside the partiality of • father,
peals spainlerful pious. He composed the dance
tailed Geordie Plato. It was extremely popular,
it was deuced every night fur more than half
Shoran The other companions in the printed
collection were all. with the reception of three. the
smiteporition of the Plaintiff. They sold in four
• • ,aimiths after the eolfiction was published about
attlelsoodred; the sale then fell off wonderfully,
the Music-salters in Loudon having pirated it.—
It was about two mouths ago. that they learned the
Defendant had pirated it.
Cross-examisied.-.Believed hie son might have
composed shoot $OO country-dances.
Jahn Frazer purchased a copy of the Defendant
in October last, at his shop in Bishopsgate-street,
for one shilling. It was taken from several others,
James Power received a manuscript from the
Plaintiff in the early part of 1817, and delivered it
to Mr. Bates, to have it engraved.
Mr. Muproe received a manuscript copy of the
set of deuces in 1417, from the Plaintiff, to have it
angrared. lie delivered it to Mr. Bates.
Mr. Bates proved having received the two copies,
itind*rtgraved them. The first was the copy of a
*e or,do, the second a set of deuces. This was in
April 1811. In October last witness received a
set from the Defendant in manuscript, and an order
to engrave it, which he did.
Wm. Walton,* printer of music, was employed
bit the Deferidaist to print 123 copies from the en-
searrirg. lie also printed six copies in the single
Watt. He printed no more, for Me Defendant
Wald on him, and said there was a piece of work
abut the deuce, and he would publish no more.
• • Mr. Whitaker, the composer, was called, who
rend that the publication of the Defendant was
fusessely the same es that of the Plaintiff. It was
Illfe (*owlet, piracy.
Crosperaminett—There ores one note more in
the fourth bar, but the fifth bar was the some. la
the fourth bar of the second strain there was a
colourable alteration, a d instead of a 6, but in sub-
stance it was the same.
Several other composers were called. whose testi-
mony was similar to that of Mr. Whitaker. The
Plaintiff also proved the sole of 123 copies.
Mr. CAMPBELL. for the Defendant, submitted
that the Plaintiff had not made out the substance
of his declaration. He had declared that he had
published a certain book, or country deuce, called
Capiatia Whim. Now his proof was, that he had
published a book, consisting of • collection of
country dances, of which this el nice formed a sheet.
Mr. SCARLET? suhmitted that this objection
would not lie on the statute of Anne. Every dis-
tinct piece might be considered, and was considered
by the Act, es a book ; and such had been the doc-
trine held by Lord Elletibormigls.
Mr. Justice Bavt.E., said, he would not stop the
cau.e though he would save the point.
Mr. CAMPBELL then submitted, that the puh-
'Wittig in manuscript must have put an end to the
Plaintiff's claim of copyright.
Mr. Justice BATLEY said, that would only affect
the term for which the Plaintiff's copyright should
continue, after the publication of the printed copy.
Mr. CAMPBELL then submitted, that the entry
at Stationer.' Hall being in the name of Reid, the
Plaintiff could not now maintain an action.
Mr. Justice BATLEY MBE of opinion, it was un-
necessary to have entered it at all, but having en-
tered it, he had a nght, whatever name he might
have used, to 'wove his property in it.
Mr. Csoescht. then proceeded In address the
dory. He regretted that this task had fallen on
Wm, as lie was wholly ignorant of the science of
music, whilst his friend, Mr. Braden, might, if he
choose it, take on himself to play first fiddle at the
opent.house. With respect to the compositions