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

a right to his colloquial :oasertions as well as to his matual MT-
SIMI. If the gentlenosi ooposne did not make a distinct's* be-
tween the plamtilf as surgeon and professor, they hail no right to
make a distinction in what the defendants had published. Theis
was so analogy between the professor's chair and his other acts.--
Even if he (Mr. Home) admitted Mr. Abernethy to he a professor,
though the argument of the opposite gentlemen Inuit: be advanced
by the admission, it would be far from being clear. If the fact
were clear, why did not Mr. Abernethy stand the test of a judge
and a jury in the Iloort of King's Hatch ? The nolhitor (loon!,
though far beyond him in talent and experience, wmthi completely
fad. He would be without initidation—he *mild hate no original
to oenduce—he rertaiisly would adorn the ease with his arguments
slat his eltinencr, but he wank' have no ground to stand on.
The plaintiltcomplained of the irremediable mischief done him by
the publir..tion. This may be the cue if they were libelling or in-
juring bin. ; but this was not the ease ; Mr. Abernethy was con-
tent with the manner of the puldication ; he only complained of
the minute fidelity of the party. Here there was no mischief, there
was AU manuscript at the lectures, and the eittimot person was, it
lie may are the operation, too hay to publish than : but fur the
bawl, the productions would be lost to the weld. With respect
to :dr. Almelo:thy himself, he could only complain in regard to
pecuniary profit, and who ever beard of irresuediuldy mischief et
such a nature. It could only be said that the sale of these oaks
would perhaps be injprod, As the public wad glutted wilt 'he scien-
title diSCOVeriell of the eminent, perwen ; or when, perhaps, • pubh-
ratio,' was heroin-ter to take place, with a view to postiontioui repo-
tattoo. it may he said the leetutes would not sell as they winsid if
the Lancet had not told the world of thews. This was the irre-
mediable mischief complained of d indeed. the weed's " heeriedie-
miochief" seemed to he ono of the yecoliarilin of the plaintiff.,
There were cases in which mischief of this description raised an
equity ; but here it was laughable, as it way said to stint a work
that may ditor day sec the light, and then would nut sell as well as
it otherwise would in consequence of the publicotion r t the Loner:.
Hr would sot mit that the of a faithful transcript of
this work was most useful to the public, ewes to the patty !Ornstein
It was of use to pthiketsiotial men, as nothir.g would enable them
to practice sith cure cotifittenee and Ptiree., The ;,optforfoo of
the work would he a prejudice to the rising generatiot. of sorgerms,
and to the piddle at large. It could not be attempted by Me.
Abernethy with a view to pro!lt this consideration he would throw
out of Court ; lie could have no good paound for its suppression ;
his oheiction to the paper :oust be merely fanciful.
Mr. Miami' Ext.. upon the same side, was /ore his Lordship
thought these lectury% were intended for the public, when he in-
timated his opinion of making short work with the question. These
discourses gine no copy-right. With regard to linswelCs Life of
./eArtem, though it enniMunicated instruction and phonon to many,
it was also pmducti 'e of much pain, and the work would have been
suppressed" tithe panics had had it in their rower. !Here ors] speeches
pose no right of property t the object of the Act of Aerie was, to
give autlown a noire beneficial Tisch" than they had by the common
law : it ref:roll to books conspored and other aritings. The
work to be entitled to this protection *gook' be demonstrated to bo
a composition. This principle was extended to musical modur-
thins ; and Captain 'Vince, who was the composer of a fa-
vourite dance called after him, was showed an injunction-
Ile printed the dance, and lent it to his trie.tes I It Was Pinned
and published. Ile obtained an injunction, because the dance
was printed. But would any Man tell hint that an injunction
would issue, if any bode were to whistle a duce about the stereo.,
and another person, hearing it. noted it down, and published'
it? Could thin give a copyright to the former? Certainly
nor. Mr. Alsernolay leaf too late in his application for the
injunction. The etas, of the Hospital term spoken of: there
were rules for Mr. Abernethy 's Instructing; bat there were
none to prevent the dissemination of his instructions. Any spec-
tator might tell the public what passed merely from memory.
Why should he not as well as Mr. Abernethy, who also repeated
from memory ? This case could not be assimilated to Paley',' Lee-
totes; they were written pnllications. It was wrathy of remark,
that in those lectures whole tom:cores were taken from John limi-
ter. Mr. Roadie, at one of the Hospitals, read his lectern Iron a
paper, so did Mr. Green at another; they were right in so doing,
if they wished to prevent a publication.
The tiothotroo..ino Ell AL briefly replied. He said the whole
ergo turn t turned upon thediffercnce between cry/ and written le-tures.
Ile insisted in the former case the Professor was tug much sanded
to protection as in the latter. The lecturer in either case was not
safe now, for the short-ltand writer, is his rage toe publication,
proceeded i anemic (safari°, and gave the entire to the world in
twenty-four hours. As to recollecting lecturti, it was hail tv
speak on the subject, memory was so di rent. Professor L'OllllOlA
heala wonderful memory. Ile had heard of another person whore-
pealed every word in the Morong Voogd .14 after a single reading.
The LOBO t'll ANC E 1.1.0 N. upon reading the papers, said them
was no condition respecting the publication by the studenn. It
was mentioned in these documents, that the candles were put out
during the lecture. ,He did not know what the note takers diet trt
the dark. There was a difference made between students asp
poplin.
The :intik(' i TOR 4; 1: Xt:it AL said this diotinction made the can..
a degree the stronger. It wan hot said upym ilia record, whether.
the vote-taker was a pupil or a stranger; if the latter, he should
be considered as a trespasser. The case was as if a letter contain-
ing literary matter was written to a pet- on; he had a right to swat,
but not to publish it ; the letter was, In such a case, a kind of trust,
property.
The Lawn Cita wcia.ton said the question before the Court
was ninety as to the bowlit derived to the public front the public',
then of the homes of the distinguished lecturer. It did not relate
to the moral question of how the publishers obtained vossessiou o;
the matter in question, whether it was by A hooch of trust or
otherwise. Ile was obliged to recognise the prtociple, that he had
no right to grant MI t1:11t-%4 he WAS strongly of '.pin,
that the legal right was its the plaintiff. When be looked into tl e
rase of Taylor sod 31illen, he found that no question was sub.
mined to the di:4l,ns respecting literary composition. This was
quite unsettled at the dis,:tission. lel engird to the question beton
him, when the alf...as it of Mr..thenictlay was expounded, it stated
the lectures to be reed f written papers- 'l-hen it was sag- ,
gco:ed to him in Court, what was the deseeiptioa of notes from
which a lecture should he read, to gore the reader n right not goo'
by law ? If Mr. Abernethy claimed this right, it should be counted
with sues a hill ropy as gave I a sithstantial right to the 4:10--
right which he demo:mirth lac I 'mat was call,d upon to
grant a reitietly beyond a legal one, that writing should tie pre_
timed of which the lectures wire a copy. It the plainloy thought
lit to show this writing, be (the Lord Chancellor) would give boo
until Monday to pittance it, nod he would then look into it, and
an what was to eit from it lie the publisher. If Mr. Abernethy
did not slum this writing, he would he obliged to act judicialie
mom the ural matter as a qmotion of property. If lie undenuond
the atlidat it of Mr. Aber:loin, he was a lecturer fur the purpose
of giving instruction, appointed by the Governors of the liosynai.
The question involytil so much abstruse leaning, that the Judo,*
I declined giving En opinion upon it. It would therefore becorna
Lint to know what the opinion at law was, before he granted as
injunction in motto:litho! terms. Ile would give his decision on
the question before him in the ropeettul meets the eminent rersyn
deserved. When he looktd at the papers, he frond *onto expos.-
*ions of a Imitator nature, wittch a horned man like Ale. Aber-
nether may be sometimes supposrd to use. Thew then/Mrs of :in.:
1.. m...; sums i,!t mit.; the lectures.. From any thing that tell front hins
he would nut be undetsiood to say, these tho gentlemen of tit.,
141.01 had a copy-right which thry would be entitled to lson.g
an action ; those poiodiral publinotions not showing flaw they
came into immersion s.! sue it lectures, had no copy-right.
' gused.d hint.elf against giv or; any satin:ion to this d.'etrine. V. Ile
resp.rt to the hrt-a.M of .e I the tircuinstances ruder aloes
the defendants bee:tll le 110,-;,,,es;i the matter published, be second
be 1160 phut to be to:hotted by thori.
Further he.uriug 011 31i1:ALLy.