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now under consideration, be could he thought prove
that they differed most material. The Plaintiff's (.'ap.
tads White, differed from the Defendinier in figure,
and hews* informed that gentlemen were in attend-
ance with their instruments, and would with his
Lordship's permission, play over the two composi-
tions, when their variance would be most apparent.
The Learned Counsel said he should also be able
to prove that this boasted composition of the Plain-
tiff 'a was a mere compilation from other pieces, and
that there was not a single bar usigival. 'l'he
Plain-
tiff. imputed to the Defendant that his piracy had
destroyed the profit which he had derived from this
extraordinary composition. The foci was. that it
had gone out of fashion ; it had ran, eccordiug to
the Plaintiff's account, twelve nu v ths, and the
good peoPle of Bath now wanted something new.
Oit this ground he trusted, even if he should not be
so fortunate is to get a verdict for his client, the
question of damage would become merely nominal,
and would belimited to the lowest coin in existence.
William Wilson is skilled iu the science of mu-
sic ; had seen the dance called Captain White; it
was uot an original composition, but a new coin•
binistion of old passer.. Witness knew nearly
all the passages in it. The first settiug-off is one
bar of Love is thine Eyes ; there was also a pas-
sage from The Irish Washerwoman ; and two half
bars from The Irish Washerwoman are put to-
gether ; and other parts were taken from other
dances. The Plaintiff was no otherwise the author
of it than tacking the shreds and patches together.
Wittier* did eau sieve there had been an original
country dance composed for many years peg.
Cron-examined.—Witness bad ?composed some
things, but never any thing forithe Defendant ;
kart of this was from Off She goes. Three notes of
■ common bar is a passage, and therefore there can
scircely he any thing original.
Mr. Richards, leader at the Royalty theatre,
had seen the dance called Captain White. It was
■ compilation of various old tunes ; witness did not
think there was any originality iu dances, though
there was in compositions of more importance.
Witness called the compositions of Mriz.irt„ Han-
del, and the great masters, original, but lie would
not take on himself to say, that a single bar of
Mozart's music might not be found existing in
other music previous to his.
Benjamin Payne, a musician, 6,3111 in the habit of
supplying the Defendant with censor). deuces; he
furnished him with Captain White about two years
ago; he learnt it by healing it played ; he did not
know Mr, White was the author td it ; he never
heard of Mr. White.

The shopinan of the Defendant proved, that his
master published the dunce in question iu Octi.her
last : he published it from a manuscript copy which
hr intichinied of the last witness. It had been pub-
lished by other persons iu London the year before.
The Defendant published the dance about ten slays
before he heard it was the Plaintiff's property. Wit-
ness believed two had been sold ; hut as sows as he
wet served with notice, he stopped the sale, and re-
c.lled all he had sent to other music-sellers i►► ex-
change.
Mr. SCARLETr replied. and regretted much he
was nut able to return the compliment which h►s
Learned Friend had paid him. lie had been
pleased to my, that he (Mr. Scarlet) u•davatootl
music so well that he might play first fiddle at
the Opera-house. It would be • mutter of much
gratification to him if he was qualified to do so; but
he certainly might, without vanity, assume that he
knew more of the matter than his Learned Friend
did, for his Learned Friend had by his conduct in
this inquiry shewn that he had no skill in music,
except the bagpipes—or in dancing, except in the
Scotch reel. The Learned Counsel then proceeded
to contend that his client had fully made out his
case, and had entitled himself to • verdict.
Mr. Justice BATLEY summed up, and the Jury
found a verdict for the Plaintiff--Damages, 51.
costs, 40s.

COURT OF COMMON PLEAS, Wenutinta,

Noiomr, Dualism 7.

Before the Caw James aid Special Juries.

TURSCIII V. TUIRICIL
This was an action brought by Sir Gregory Page Tuner,
against his mother, Lady Tamer, his two brothers, and as
node, for a conspiracy to take out a Commission of Limicy
against him, and procure tbe posseasios sad mmisreinent of
his property. The Commission was taken out in the year 1814.
Wises the case bad ben stated to 1k yarn amid two wit-
nesses eitamiued on the part of the Plaintiff, the Cully
lonics suggested, that as it was always necessary its cases
of this *stare, to prim cot only malice hit want of proba-
ble cause the latter of which would be difficult, even after
what had already appeared, whether it world Not be inure
sonsidevate and humans not to proceed further. lu his
(Tinier the Plaintiff ought to be called.
Mr. ierjeaot Laws a/stated, aid the Plaintiff was ae-
tordiagly iloammited.

VIILTOII V. OAKES.
This Was an action to recover 3671. Pls. the price of two
horses, add by Defendant to Plaintiff, with a warranty of
seundoeis, but of which one afterwards proved unsound, to.
it ether with 111. ea. Sd. the charge for keeping them trim
the time of lbs salt, is livery stables.
Mr. Serjeaat Vaßedran staled the case to the Jury. The
Plaintiff was a dealer in homes, the Decadent a Captain its
the first regiment of I.ife Guards, be was sure a very boomer.
able man, and who acted in the present ease trader a miscue.
corium. The Defendant bad two horses, one s bright bay,
the other darker in colour, which, fur distioctims sake, he
should call a 'Wilshire., it the barracks at Knightsbridge,
which he was desirous to dispose of. He spoke to the
Plaintiff to look at the horse% which he did, and was
very much pleased with them. They were *hews to bins in
Hydapark. Milton agreed to give 330 guineas fur the pi 4,
but as the sum was large, wished to have a warrauty. In
this so dilicully was made; die mosey was paid, and the
horses sent home the 29th last Septesber. It was for the
purpose amnia' theta the Plaintiff bolight them; earl only
a day or two after his purchase, sold tbir Yorkshire to a Mr.
Fernier, a gentleman knows in the sporting world, fur 300
guineas, engaging barn to be Rood. Mr. Fermin, however,
suspecting something to he wrang with one of the horses
legs, took him two or three days after to be esamised by
Mr. Sewell, of the Veterinary College. Mr. Sewell advised
his by ors Biases to keep the burst, as he woe lame in the
off fore foot, ad bad a contraction in the fetlock jabot,
which appeared to be of some standing, He &coned-
Mgt, rosined die hoarse, as being truseuud. It would
be proved by Mr. Fereaties sei raid that the horse was on.
sound from the time be came to bis master's stables. His
client would be very glad the horse could he primed sod
at the time be sae delivered to Mr. Fermor, rod that that
corneaet could be affirmed, became sheer he should receive
$OO eidaess for ale horse- A number of rimer.% of sc.
knowledged skill in the diseases of bur..., would stale the
hone was decidedly uasuand when in she mamba/me uU Mr.
Fernier, sad that he moist have been so before that time—
and that was the ()medium for the Jury, not whether Captain
Oakes was aware of tbe.ormoondness. If they showed God