The British Press; or, Morning Literary Advertiser.
London, England, 1825-01-20 00:00:00

MARSH AND CO.'S CREDITORS.
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Yesterday a meeting of this Ceroadmion was held.
Me. Sergeant BOSAN utrire said, that he attended on the pert
of two gentlemen, Captain 'William Stone, of the East India ser-
vice, and 31 r. Henry Gahnpro, to prove for a sum of 16,000/.
These gentlemen had money in the Navy 6 per cents., 17,0001.
and fractior of which had been sold out by a broker, Mr. Spurl-
leg, for 18,0001. Mr. Stescey attended in person at the Bank of
England, and demanded in the usual way to act upon the power of
attorney. The money was sold out on the `26th and 211th of May,
1819, and paid into the house of Martin and Co. to the account of
Messrs. Marsh, Stracey, and Co., and by them taken out of
Martin and Co.'s. What they did with the money was of no con-
sequence to him, but he would say, that not one farthing of the
trilogy had ever beer received by Captait Stone or Mr. Collagen.
They had never legally authorised the sale of the money ; and he
now called on the partners in the house of Marsh, Stracey, and
Co. to. show that the money had not been received by them and
applied to the use of their house. If Mr. Fauntleroy were now
Mang. he could not deny that it had been applied to the concern.
Mr. Marsh could not deny it, nor could Alr. Stracey or Mr.
Graham. He did not know that it was necessary to go at length
into the case, as it was probable the case would have to go to a
higher tribunal.
Mr. Commissioner LAW observed, that in that case tire shorter
the statement of facts the better.
.Me 3low TACIU wished to go fully into the merits of the cage,
in order to save the Lord Chancellor as much trot bi •as possible.
He was sure that his Learned Friend, Mr. Poll( ck, would be as
willing as himself to facilitate every thing as n as possible.
It appeared that half the brokerage on the sale of the money was,
according to the usage of bankers and brokers, paid to the broke',
and the other half to the bankers themselves.
Mr. 31os TAGU wished .Me. Spurling to este whether he re-
ceived the order to sell from one or more of the ba keys, and from
whom ?
Ale. Sperling said, that he could not tell from which of the par
nee he received the order ; it was in May, 1819 ; he entered t t_
order in the general order book of Marsh and Co. He never
entered orders otherwise, and could not specify any particular part-
ner from whom he received the order to sell out the stock.
Mr. Law said, that two of the partners, Messrs. Stratey and
Graham. had already in their capacity sanctioned the sale.
Mr. Pommel( thought that was coming to a conclusion rather
hastily.
In answer to a question by Mr. Mox TAM:,
Spurling said, that Mr. Stracey generally gave orders for
raising the money; sometimes orders in writing came down in the
morning early, by porters or clerks. Mr. Stracey was more fre-
quently in the City than Mr. Fauntleroy. The moiety of the
brokerage was paid to the bankrupts ; be paid the money by check
into the house of 3lartin and Co. The whole money, minus the
moiety of the brokerage, was paid into Martin and Co.'s. He
believes the order was a verbal one, as he could not find it in
we ting in his office. He sent a note of sale to the house of Alarsh
and Co.
Mr. Wm. Cole, clerk to the house of Martin and Co. Lombard-
street, deposed that the money was paid into their house on account
of Marsh and Co., and afterwards drawn out by them.
In his cross-examination he said, that the checks had been deli-
vered up, with the books, to the house of Marsh and Co. and had
not been returned.
- I
By Mr. Sergeant Hos AIM ET—None of the individual partners
ever drew as the account of 31arsh and Co. in their individual j
names from Martin and Co. • ' the drafts were always made in the/
came of the house of Marsh and Co. ; the partners who more fre-
quently attended on account of the house were Mr. Fauntleroy and
Mr. Graham, but 31r. F. most frequently ; the money was chiefly
brought by the clerks who conducted the business principally ; he
seldom saw the parnievs oftener than once in three weeks.
Mr. 31 ciscrsc.t. said, that every case on the part of the Bank of
7.•;ngland must be decided on its own individual merits ; and as the
decision of the present case involved matters of great importance
and magnitude, It was necessary that they should proceed calmly,
and examine the facts singly. lie had no doubt that they should
arrive, at the end, at a very satisfactory conclusion, and that all
cases could be arranged under particular classes.
The meeting was then adjourned till two o'clock to-morrow.

CATHOLIC INSTRUCTION.

TO THE EDITOR OF THE BRITISH PRESS.

SlR—The Welsh possess this in common with the Irish, the old
Cornish, the Highland Scotch, and the inhabitants of Lower Brit-
tany, in France, that they are a race descended from the ancient
Celtic people, whose language they retain, and oho have remained
to this day almost unmixed with the Saxons, Danes, Franks, and
other nations who overrun Europe during several ages prior to the
Nomian conquest of England.
The Welsh in particular, to whom this article relates, preserve
to the present day some such striking and peculiar characteristics as
Nit once distinguish them from their English neighbours. In cross.
trig from Bristol to Swansea, and mere particularly in poising
from Herefbrd to Hawlth, one is immediately struck with a differ-
ent language, different physiognomy, and different manners. The
organization of the brain, too, to speak in the language of Phre-
nology, is very different, and in some respects superior to that of
the 11131111 of the English. They are a people, particularly the
mountaineers of the North, distinguished for their honesty, gene-
rosity, and religious devotion; and though somewhat tainted with
the pride of family, and rather too prone to sudden anger, are ne-
veethelers almost totally devoid of that sordid money-getting spirit
which is so prevalent in England.
The %Welsh possess this trait also in common with the Irish, that
they love their country, almost deify their mountains, and will
listen to almost any argument with attention, when delivered in
their own native language. The Welsh possess by nature a feel-
log of general hospitality, which reminds us of what we read
of good old Catholic times, and which has its foundation in the
cardinal virtue of Charity. They are also endowed by organization
In a high degree with those natural sentiments of faith, hope,
and veneration—sentiments which, when rightly directed by Ca-
tholic precepts, would form the basis of sound religion, but which,
left without that guide, have involved their possessors in numer-
ous superstitions, many of which, from their veneration for their
ancestry, and for antiquity, have become interwoven with the
legendary history of their country. Now we shall see the force
and application of these remarks by-and-by; and for the truth of
them I will pledge myself, for I have travelled their country in all
directions, on foot and on horseback—l have passed days and
nights on their mountain., slept in their cottages, spoken their
language, and mixed with the people. And I have since compared
them with many continental nations in which I have journeyed or
resided.

Now it may also be remarked, that the devotion of the Welsh
character is shown by their attachment to all the popular teachers
at religion who mix and unite with the people, wear an humble
garb, and are constant and assiduous in their duties. Now in
Wales. among the religious ciasases, there are much fewer who go
m the Established Church, and many more who follow itinerant
weathers, than in England. Many of these itinerant Welch
preachers are misrepresented by English writers, and because the
clergy are apt to be jealous of their influence over the people. But
they are really quite different fro is our English Methodists ; they
possess the simplicity of manner, sincerity, and charity of the old
mendicant orders, and there are among them many pilgrims to
/sacred wells and old national relics. They have therefore the na-
tural materials for old Catholic purity of religion and practice, but
they want the doctrine. 1 think, therefore, that they are of all peo-
ple those to whom the Catholic blissionaries ought to direct their
attention. They would soon become attached to a religion so con-
aonant to the native feelings, and which has left in their country so
many valuable monuments of its ancient glory.
L beg leave,'therefore,•to submit to the Catholic Association the
rerrity of furnishing them with the means of Catholic instruction
= their own language, and I suggest that some person do move at
the zincing on Monday of that Association, " That some familiar
and persuasive account of the ancient faith be written, and translated
into Welsh, for general circulation in that country." I also recom-
mend that
omission of certain satirical passages not in consonance with
.Welsh feeling, be also translated, and circulated with a suitable pre-
face. And also that there be a Welsh translation of the small portable
Catholic Calendar, and of some Defence and Recommendation of the
tei'itholic Clergy, considered as the friends of the poor. And above
in I recommend that all these publications be couched in terms of
charity, of toleration, and of loyalty, in order that they may never
become the handles of the factious, but may rather be converted
into the instruments of consolidating and perpetuating those do-
mestic virtues at home, and that public spirit abroad, in which his
Majesty's Cambrian subjects have always stood unrivalled.
Perhaps a cheap periodical publication might also be got up in
Welsh. But lam sure that a small tract on Catholic doctrine,
end on the origin and conduct of the Priests and Re..
tigious Orders, would take best of all with the genius of the peo-
ple.. I recommend that it be called MYNACII x neuron, or some
such title. These small Welsh publications might be printed very
cheap at Dolgelly, or at any of the Welsh towns ; and there are so
.n mw persons who understand both languages, that the translation
.would be done directly.
I remain, Sir, your obedient Servant,
A CAMBRIO-NOR.MAN.

At the audit held at the Angel Inn, in Sleaford, on the
] ith, 12th, and 13th instant, fur the receipt of the rents of
the Lincolnshire estates belonging to the Earl of Bristol,
the apirits of the tenants were enlivened by the genero-
srig of their worthy landlord, in a continuation of the re-
turn of So per cent, from their rents, which return was
gratefully and deservedly acknowledged by a numerous
And respectable body of tenantry.
SUFFOLK SESSIONAL—TiIe key. W. Goocn a. KENT.
—An indictment was about to be preferred against Mr.
Kent, for the assault which we before slightly noticed,
when the Chairman (T. S. Gooch, Esq.) observed, that as
he " deemed it most essential that justice should not only
be impartially administered to every subject of this happy
country, but that it should be free from the slightest ap-i
p:orance of partiality, be thought proper to retire from the
Bench till this case, in which his brother was concerned,
was disposed of." Mr. Alderson then informed the Bench,
that the Rev. Wm. Gooch was satisfied with an apology
which Mr. Kent had made to him before two Magistrates,
and requested that the defendant might be discharged from
his recognizance.

LAW INTELLIGENCE.

COURT OF CHANCERY, AVEDNZIIDAY, .7.r. 19.

BVTlat 1, DORTOX.

In this cue an Injun7tiO;7atibeenirSnted to restrain the de-
fendant front cutting down timber on an estate in Northampton-
shire ; several persons, however, had cut down timber for a pur-
chaser': and 111 r. HART now moved, that they should be
committed for contempt of Court.
The Loan CHANCELLOR agreed with the Learned Counsel,
' that a contempt had been committed, but that he thought the par-
ties should have notice to appear in the first instance.
\lr. HART observed that the parties were poor persons, and that
the service of a notice upon them would defeat the object of the in-
junction.
The LORD CHANCELLOR—Let the order be 110 worded, as that
if they do not appear here on Saturday morning next, they shall
be committed. . _

.......
Mr. HART, after expressing hie apprehension of the inutility of
any order short of an immediate committal, assented, and the order
wu made.

GORDON V. GORDON.

In this longagitated cue, Mr. llossrz said there were addi.
tional pipers, which he wished to be submitted to the perusal of
his Lordship.
The Loan CHANCELLOR observed that he had read all the
papers which were used in the cause, and he would read no more,
u he was ready to give judgment whenever it was prayed.
Mr. HEALD expressed his surprise, that after a delay of five
months, the judgment should be delayed for the purpose of reading
additional papers.
The LAID CUANCELLOR—The reason of my delay must be
obvious enough. This is a case between brothers. I have already
stated what my views were, and if they. cannot agree, I am ready,
as I have been for some time past, to give my judgment.
Her. the matter dropped.

VICE-CHANCILLOWS COURT, WEDNESDAY, JAN. 19.

INJUNCTION.
POWER LEIGH ANU CLOHES.
Mr. STRAIT moved for an injunction to restrain the defendants
front publishing. in a work called the Hormonicon, the words of a
song composed by Mr. T. Moore, the copyright of which was the
property of the plaintiff. The affidavit of his client set forth that
a volume of poems by Mr. Moore was published in the year 1802,
by Carpenter, of Bond-street. The name under which they were
given to the world was, " Poems by the late Thomas Little, Esq."
The copyright of these romans vested in the publisher, Carpenter,
and remained with him until he transferred it to the plaintiff, by
an agreement entered into in the year 11109. The songs were 16 in
number, and the song which was the subject of the present appeal
to the Court was amongst the number. The sum paid by Carpenter
to Mr. Moore for the copyright was four hundred guineas. Mr.
Moore and Mr. Power made a contract after this in 1811, and for
certain considerations Mr. Moore assigned to Mr. Power the right
of publishing the music as well as the words of certain songs. In
these was included the song in question. The property was un-
questionably in the plaintiff. It was sworn that the words of the
song in the Harmonicas were part of those published in Little's
rorins, and were since published with music by the plaintiff His
client swears that be derived considerable emolument from the sale.
It was evident that the words of the song in the Jlarntouicon were
those published in the original poems, and he thought the plaintiff
was clearly entitled to the injunction for which he prayed.
Mr. LoanAINE, for the defendants, opposed the motion. The
affidavit of his clients stated, that Little's Poems were published
anonymously, and the preface to the first edition infotmed the
reader that the author died in his 21st year, and added, that if he
lived longer his judgment might be riper and his mind more chas-
tened. The death of the author war. thus specifically put forward,
and in the second edition it was repeated. As the,law then stood,
the copyright was vested in the author for the term of fourteen
years. This term had elapsed, and his position was, that no claim
made under an Act of later date, which extended the copyright to
the author during his life, could hold good in this case, as the au-
thor's death was positively affirmed in the first edition, and stu-
diously repeated in the second.
The VICE-CHANCELLOR was of opinion that it was competent
to an author to clothe himself in any disguise he thought proper.
His property In the works should not therefore be injured.
Mr. Lotataixe said, that one of the defendants, Mr. Clowes,
swore, that in the year 1602, soon after the publication of Little's
Poems, Doctor Arnold composed a Butkus for the Haymarket,
called Fairy Revels, or, Love is the Highlands; in this piece the
Doctor adapted, as a duet, from the Poems of Little, the song of—
" When time shall steal our years away," with the permission, it
was said, of Mr. Moore. The design of the flarowukort was to
communicate to the public the progress of music; and for the
purpose of carrying their design into execution, they gave ex-
amples of various composers, and amongst them they gave a spe.
cimen of the style of Doctor Arnold. They took this specimen
from the Fairy Revels, and added the two stanzas of Little's song,
originally used by the composer; neither music nor words were
taken from the works of the plainiff. This explanation, he was
sure, would be sufficient, and his client could not possibly be
thought lui!ty of such a violation of copyright as would justify
the granting of an injunction. The transgression, if it could be
called one, was of so minute and trifling a description, that it
neither demanded the protection, nor required the Interference, of
his Honour. The original publication from which the song was
taken consisted of three or four hundred pages ; the part which his
clients were accused of abstracting was composed of eight lines.
The Vice-CH.olex szon—Your clients are not accused of
taking eight lines from the volume, but two stanzas from the song.
Mr. LORRAINE said, the song consisted of nine stanzas--they
were charged with taking only two. He relied upon it that this
fact, and the circumstances under which the lines were taken,
would bear out his clients. There was at all events one reason for
which an injunction could not issue. It was long a settled point,
that where the party had by any conduct or lashes of his own
thrown any doubt upon his property, he could not succeed in any
appeal he might make to that Court. He was bound to establish his
right of property in a court of law. The prefaces to the two first
editions, and the absence of all complaint respecting the Burletta of
Doctor Arnold, in 1822, were circumstances fully sufficient to throw
a doubt upon the right of property, and therefore, before the plaintiff
could be heard in this Court, he should have his claim ascertained
by a jury.
The VICE-CHANCELLOR thought, that even if permission were
given to Doctor Arnold, it did not justify the use made by the de-
fendants of the verses in question. He was of opinion an injunc-
tion should issue, to restrain the defendants front publishing those
stanzas of the song which were proved to be the property of Mr.
Power.