The British Press; or, Morning Literary Advertiser.
London, England, 1818-12-09 00:00:00

ciseiy the same ait'S en ItaTian air iii Tde Trc.-

_
Wm. Janson, a Professor of Music, was acquaint-
ed with that science for thirty Or forty years, and
procured his livelihood by it. In Ins opinion.. the
danceof Lady Caroline Morrison was not entrely
%I'ith respect to the two first bare, they
differed somewhat from the air to which they had
been 'contoured. He tl glut, however, slow the
person whocomposed the first part moat have been
impressed with the recollection of •si. choice in The
Forty Thieves. The bass was nearly the Pante.
The second part was nn lIIIItNtIOII of an Indian air
in The %rove/lees. Eight se;queiit notes were ex-
actly the same as those in the Italian air. Toe
two pieces of music appeared to him to he substaii-
belly the same. The dance of Rob Roy ons also
taken from old music. Part of it was borrowed
from a French air, of which it was only a WM/101011.
He could not speak positively of any other portico
of it.
Cross-examined.—Witness had published about
9,000 pieces. He did not consoler that a ',enrols
who took the idea of an air from any existing coon-
position could lay claim to originality of subject.—
He had never composed a song from a passage in a
smote. He did not think that passages precisely
similar were to he found in the works of original
composers. Time, he admitted, formed the great
differetice, with respect to the twelve notes, in the.
composition of music. If it were not for time,
music might be reduced to • mere matter of calcu-
lation. according to the notes on the piano or any
other instrument. He had seen variations of hob
Roy very like those ire the country dance flow exhi-
bited. He had sometimes composed variations to
old airs, but he did nut think that gave him a pro-
perty in them.
Willi pit IVilson deposed, that he had been a
Professor of Music for thirty }ears. He did not
consider the country dance of La !y Caroline Mor-
rison to be, by any means, an original compo-
wins.. The whole subject was taken from
lie Forty Thieves—but the latter was by far
the b.st dance. The first phrase of the second
strain was taken from The Travellers, ex-
cept the pasting or &Hainaut note. The third
phrase of the second strobe was also taken froin
The Travellers, except One middle note. The
variation of the passing note did not, in the smallest
degree, niche it an original composition. The
music he spoke of in The 7', avellers and Forty
1 hieres, was older than the dance of Lady Caro-
line Morrison. He looked upon the dance of Rob
Roy as 'guilty destitute of originality. The first
strain was entirely taken from the air of " Will
you come so the bower ?" The notes were not
precisely the same—hut the subject was. A per-
son not skilled Pi the science, would, if the two
airs were played, mistake the one for the other.
The ground, or fundamental bass both of Will
you crime to the bower r and Rob Roy, was taken
from a French air. With respect to the second
part, the first bar appeared to be formed of an
air sung by Lingo, in The Agreeable Surprise,
The second, of all the Jlepo're. was an adapta-
tion of the air of Sleep on, sleep on, my Math-
!woe dear! in The Poor Soldier—the third
from a country-deuce. which he himself had
compooed—and the fourth from • very old air,
Prince Eugeire's &larch. He had formed many
country-dances by compiling, as others had done
—but he did not consider them to be original com-
positions.
Cross-examined.—Witness never sold country-
dances. He conceived ilia tiny persoil had a right
to use Compilations of this kind. They did nut
belong to the individual who only took from dif-
ferent composers: He was acquainted generally
with Handel's music. Both in his compositions,
and in those of other masters, passages occurred,
where the seven notes succeeded each other in re.
gular order.
Joseph Dale had been • composer of music for
fifty or sixty years. He did not think the dance of
Lady Caroline Morrison was original.
Thomas Bolton, a composer of mosaic, had seers
the dance of Lady Caroline Morrison. It was riot
wholly original—but was formed, in some degree,
from an sir in The Forty Thieves. The second
part was baleen from an air in The 'travellers. The
dance of Rob Roy was 'tot original. It was a varia-
tion front a French air. Seven bars out of the
tight were borrowed.
Cross-examined.—There undoubtedly might he
original variations. What lie meant to say was,
that there were scraps of other compositions in these

doners--and that the ground-work woo evidently
bdrro*ed in both.

Thus closed the Derrndantia cage.

Mr. ScaltiETT called Sir G. Smart again, who
Mated, that he had written out the two bars of the
air in The Travellers, relied on by the Detention,,
and they certainly were not similar to those in the
dance of Lady Caroline Mortice& The harmony
was the satne—hut the melody, which was every
thing in a country deuce; was essentially itiffetent.
►lr. Henry Bishop had arranged the music of
The Ba►her of SeoiPe, for Csirent-Burden Theatre.
He did not think that the second putt of the dunce
of Lady Coronae Morrison was tatieu from that
work. He was of opinion that it was, in a great
degree. original.
3. G. Ferrari, a teacher of siiigng and a com-
poser, had heard the evidence of Sir G. Smart and
Mr. Bishop, and entirely concurred in it.
Mr. Sc.tai.v.Tr wss heard in reply. lie contend-
ed, that all originality emisistert merely iii the stew
combination of ouch when, by such
d combination, a new and striking effect was pro-
ilitced, the person who had succeeded in producing
it ought to reap the reward of his ingenuity.
The Cider JUsTlca, in addressing the Jury,
mid, his idea of the law was, that, if a person put
together *reveal bars of music, each taken frou►
Some old subject; owl, by a new hnnoloination, pro.
duped a new etfebt, lie. in fact. formed a new com-
position, and acquired such a property in it as was
recogn►sed by the Act of Parlimment.
The Jury returned a verdict for the Plaintiff.—
bonnet., 6i.; awls. 40s.

A stack or Wit, belougistg to it. 711011143 MD.
SON, of the parish of Cheat (ikon, In the comity
of Leicester. was huditiob'lV set on tile nn tit,:
r4ening of 'l'hur►day; the :id In taut. A free par.
doss to soy iseettstiplive 14:viog tofotwatioo that may
lewd to cotivietiost of lOW perpetrator. and a reward
of 100 guinettri is offered iu last night's Gazettes