The Sun.
London, England, 1855-11-23 00:00:00

properties, not alone as a life-boat, but as a pontoon
raft. From the contents of the boat ar: ►f+ on air-tight
many-shaped boxes was formed, capable. of containing a
file of soldiers in continuous march, lea.ving the boat
itself empty as a depot. The Comman,der-in-Chief, Sir
Thomas Cochrane, Admiral Superintendent Martin, Cap-
tains Sir Thomas Maitland, G. Elliott, G. T. Gordon,
R. Sharpe, Commanders Elliott and Franklin, Flag-
Lieutenants the Hon. A. Hay and Brandreth, Master-
Attendants Underwood and Davies, Mr. Abethel, Mas-
ter Shipwright, and other officials were present, and
seemed much astonished at the boat's capabilities.

THE MURDER OF A SURGEON IN
NORTH DURHAM.

GATESHEAD, Wednesday Night.—The inquest on the
body of Mr. Robert Stirling, assistant to Mr. Watson,
surgeon, of Burnop-field, near Shotley-bridge, who was
murdered near Gibside, on Thursday, the Ist inst., was
resumed in the village school-room to-day. Major
White, the head of the county constabulary, Mr. Ram-
say, county magistrate, and other persons were present
during the inquiry. The jury having aU assembled, ex•
cept the foreman, Mr. Burnett,
Mr. Farell, the coroner, remarked on the impropriety
of a gentleman in his position absenting himself after be-
ing sworn to inquire into a case, the atrocity of which he
had never known equalled in all his experience as coro-
ner ; and he intimated that he would present Mr. Bur-
nett to the Queen's Rernembrancer, by which he would
be liable to a penalty of 401.
Thomas Holmes, a workman living at Burnop-field,
was first examined. He stated that while searching for
deceased, with his father, Mr. Thompson, one of Mr.
Watson's assistants, and other persona, on the afternood
of the 6th, he found Mr. Stirling's body in Smaile's-
wood. Mr. Thompson was with him when the body was
found. The deceased appeared to have been shot in the
right side. There was also a wound on the upper part
of the nose and a cut over the right eye. His clothes
were much torn, and the trousers appeared riddled, as if
by a gunshot. Witness found nothing in his pocket ; a
piece of braid, apparently a portion of a watchguard,
was hanging out of his waistcoat pocket, as if the watch
had been torn from it. His hat was lying near to where
the body was found. The body was laid on its belly.
There was a gap in the hedge, as if a body had been
pulled through it.
The Coroner—What induced you particularly to exa-
mine this plantation ?
Witness—There is a foot road through it, and I ima-
gined that Mr. Stirling might have taken it for a short
cut. I saw deceased's hat first, and then noticed his
body.
The Coroner—Did you observe a gap in the hedge of
the plantation ?
Witness—Yes ; after I found the body I saw a gap, as
if some one bad been dragged through it.
Mr. Watson, surgeon, stated that deceased left his
house on the Ist, to visit a patient at Spen, and did not
return. Deceased had received an appointment in the
Turkish Contingent, and had only been 10 days in the
neighbourhood.
Mr. Geo. S. Thompson, a student in medicine, stated
that the deceased had a silver watch with a silver face
when he left Mr. Watson's on the let to go to Spen.
Deceased did not want to wear a gold watchguard in
going this journey, and witness gave him a piece of silk
to make him one. Witness had ascertained that deceased
had left Mrs. Corn's house, at Spen, about half past 1
o'clock on that day.
The Coroner stated that Mrs. Corn was now confined,
and could not attend the inquest to give evidence of the
time the deceased left her house.
Mr. W. K. Kidowes, a retired surgeon, residing at
Dement Cote, near Medomsley, saw the body of the de-
ceased on the morning of the Bth, at Mr. Watson's. He
was laid on the floor, and the clothes had not been re-
moved ; decomposition had taken place. The trousers
of deceased were torn, apparently by a gunshot ; and
the torn part of the trousers corresponded with a wound
found in the right side of the abdomen of the deceased.
On removing the clothes from the body a dark patch of
extravasated blood was observed on the ride of the ab-
domen ; the discolouration was the size of the palm of
the hand, and was punctured with holes, as if a charge
of shot had penetrated. Witness also found a cut on the
left side of the neck. It was about two inches in length
and two inches and a half deep. It. addition to that de-
ceased appeared to have been struck on the right cheek
with the butt-end of a gun. Some of his teeth were
knocked out, the bone of the nose was broken, and there
was a slight wound above the right eye. Those were
all the external appearances presented by the body.
He had lost very little blood. Witness made a post mor-
tent examination of the body the same morning. On
opening the abdomen he found the intestines much in-
jured by shot corns having penetrated into them. Wit-
ness took some of the shot out, which he now produced.
[A. juryman, after examining them, said that they were
No. 4 shot.] The large omentum was also riddled with
shot. Witness also took two of a smaller size from under
deceased's clothes.
The Coroner—They look like No. 5.
Mr. Ramsey—They appear home made.
Mr. Eddowes—The trousers produced were those taken
from the deceased's person. They were much riddled.
Witness found a good deal of blood in the cavity of the
pelvis. The right iliac vein was wounded. The charge
from the gun appeared to have penetrated deceased's
person at a !evel. The gunshot wound would produce
death in a few misiutes—less than five. Death would be
caused by the shock sustained by the nervous sytem.
Deceased would be .able to cry out after receiving the
charge of the gun. Witness found the lungs and heart
healthy and uninjured. He examined the head. There
was no fracture of the skull. Death would be accelerated
by the blow deceased had received in the cheek. The
injury to the nose appeared to have been caused by the
guard of a gun. The wound in the throat did not pene-
trate any vital part.
By Major White—The wound on the neck appeared
a clean cut, inflicted by a sharp instrument—probably a
broad knife.
The Coroner asked if the charge did not appear to have
struck something in deceased's pocket.
Mr. Watson—Yes ; his knife, and probably his purse.
Mr. Ramsey—From the nature of the wound ells-
covered on the person of the deceased he thought that
deceased must have been met in the road and shot at.
The Coroner had viewed the place where the murder
had been committed, and was of opinion that deceased
had been shot from the bankside, through the hedge.
Robert Anderson, a young lad, son of a farmer at Low
Spen, said it was about a mile from his father's house to
Smaile's-lane, where Mr. Stirling was said to have been
killed. Witness saw the deceased on the Ist of Novem-
ber, about 1 o'clock, as he was passing his father's house.
Witness saw the deceased about 15 or 20 yards down
the lane. Deceased was about the same height as wit-
ness's father. When his father went to the rent-day at
Gibside on the Ist he was dressed not unlike Mr. Stirling.
Witness did not hear a gun fired. He never saw Mr.
deceasedp passed Satisrsleindgalive again. Be was walking very quick as he
him. Witness was giving some water to a foal as
him. Deceased was coining from Mrs.
Corn's. Witness saw no one else passing at the time.
Deceased had a stick with him.
The Coroner—Has the stick been found ?
The Policeman—Yes ; it has been found in the wood.
Mr. Thompson—One of deceased's hands appeared
contracted when we found the body, as if a stick had
been wrested out of it.
William Cozen, a youth, at present a falen-servant at
Black Collerton, in Northumberland, said that he was
working in a field on Low Friar-side Farm on the Ist of
November. It was opposite &sidle's-lane, across the
Derwent. He was gathering potato tops, about half-
past one or a quarter to two o'clock, with some women,
when they heard a gun fired, apparently in Smaile's-
wool. He afterwards heard a voice exclaim, "
dear I oh, dear I" It was followed by the voice of a man
shouting Hoy, hoy !" and a sound like clapping of
hands. He first imagined that some one had been firing
at a hare, and that the gun had burst ; but when he
heard the shouts of " Hoy, hoy I" he thought that
nothing was the worse, and that some one was setting
dogs after a hare.
A man on what you heard to the
worsen
—Did you mention
F4W ijtunerYss —Yes ; I said that sone one was running
dogs after a hare, but they made no reply.
Mr. Ramsey—Was the report a loud one ?
Witness—Yes, but I never thought about it until I
heard that a man was murdered.

-114;jor\Vbite—Did you bear the clapping of hands
and shouting long
Witness—About two minutes,

The Foreman of the Jury—Why have you left this
part of the country I Had you not the offer of another
master !

Witness—l do not like this part. My friends live at
Black Collerton.
A Juryman—Nothing has been done to induce you
to leave this neighbourhood I

W itness —No; nothing.
The Coroner said that there was another witness, who,
in passing from Burnop-field to Rowland Gill on Thurs-
day afternoon, about half-past one o'clock, heard a gun
fired in the Jane, but she would not attend without a
summons.
The policeman produced the clothes taken from the
person of the deceased. The right side of the trousers
was riddled with shot, and shot holes were also in the
waistcoat. Deceased's coat was also much torn, as if he
had been dragged through a hedge. His hat was also
broken. A portion of a pocket-knife was produced,
which had been shattered by the charge from the gun.
The Coroner at this stage of the proceedings ad-
journed the inquest for a fortnight, to give the police
ample time for further inquiries. They have some clue,
but they are keeping their suspicions quiet at present.
The reward offered for the apprehension of the perpe-
trators of this horrible outrage is 5001. ; the inhabitants
of Winterton have give 50/., the inhabitants of Tanfield
50/., the Government 1001., Lord Ravensworth, Mr.
John Bowes, and other county gentry, 3001.
Since the murder of Mr. Stirling the inhabitants of
the villages in this neighbourhood have been kept in the
greatest alarm by a series of outrages, which, in point of
fact, have made it dangerous to leave home after night-
fall. Two or three highway robberies have been ootn•
mitted and others attempted. A house has been broken
into at Wickham, and the house of a man named Robin-
son, residing at Blauchland, fmnerly a carrier between
Newcastle and Hexhani, was entered while he was in
bed. He was awoke, but to save his own life durst not
stir, and the burglars came into his room and took 501.
out of his pockets, with which they got clear off. Amost
impudent highway robbery was committed on Monday
afternoon at Swalwell-bridge, about two miles from
where Mr. Stirling was murdered. Mr. Connell, a
publican, belonging to was proceeding to inset
the Shotley-bridge coach, when he was struck down by
three fellows, who, after handling him roughly, robbed
him of what money he had upon him. A man named
Tobby Walker, belonging to Newcastle, has been appre•
hended and identified as one of the three men who robbed

LA W INTEL LIGENCE.—Nov. 22

COURT OF COMMON PLEAS.

(Sittings in Banco, before Chief Justice Jervis, and
Justices Williams, Crowder, and Willes.)
NELEPHERD AND ANOTHER V. CONQUEST.-INFRINGEMENT

OP DRAMATIC COPYRIGHT.
This was an action by the proprietors of the Surrey
Theatre against Mr. Conquest, of the Grecian Saloon,
in the City-road, to recover seventeen 40s. penalties, in
consequence of his having represented a piece called Old
Joe and Young Joe without their consent. The plaintiffs
claimed copyright in the piece, under the following cir-
cumstances :—They bad. emp!oyed Mr. Courtney to go
to Paris, in order that he might adapt something for the
English stage, and on his return he had produced the
piece in question. Subsequently Mr. Courtney had in
writing assigned to the defendant the right to repre-
sent the piece, but the plaintiffs claimed penalties from
him upon the ground that, as they had employed Mr.
Courteney to write the piece, the copyright belonged to
them. The trial took place before the Chief Justice, in
Middlesex, and his lordship directed the jury in accord-
ance with the plaintiff's view of the case, and a verdict
was found for them for 341. Subsequently, however, a
rule was obtained to enter a verdict for the defendant,
or a nonsuit, or for a new trial, upon the grounds that
there was no evidence of the plaintiffs being the proprie-
tors of the sole right of representing it, inasmuch as no
assignment of the copyright to them had been proved,
but, on the contrary, it had been proved that there was
no such assignment ; and further, that the Chief Justice
had misdirected the jury in telling them that, if the
plaintiffs had employed Mr. Courtney to write the piece
for them, they would be entitled to the copyright. To-
day cause was shown against this rule being made
absolute.

Mr. Sergeant Byles and Mr. Russell appeared to show
cause ; and Mr. Warren, Q.C., Mr. Hawkins, and Mr.
Jacobs to support the rule.
Mr. Serjeant Byles submitted that if one person em-
ployed another to invent things, it was clear that the
right to patent those inventions was in the employer ;
and so if a person were employed to write plays, and
paid for so doing, the copyright in them belonged to the
employer. In this case, Messrs. Shepherd and Cress-
wick had employed Mr. Courtney to write for them ;
they had, in fact, bought his brains, and were to be con-
sidered, in law, as authors of all the works which he had
written in execution of that engagement.
Mr. Warren repudiated this doctrine, and contended
that, in common sense, and according to the plain mean-
ing of the statutes, the author was the person who had
written the piece. He also detailed the causes which
had led to the passing of the modern Copyright Acts,
and contended from those facts, and from what appeared
in the acts themselves, that it was the intention of the
Legislature to confer the copyright upon the actual
author, and nobody else. If this view were not adopted
he submitted that the whole object of the Copyright Acts
would be defeated ; and it was further submitted that
the copyright having originally belonged to Mr. Court-
ney, the plaintiffs could only acquire it by an assignment
in writing from Mr. Courtney, executed in proper form,
there being no such assignment in the case.
The Chief Justice said there was no doubt that if Mr.
Courtney was the author within the meaning of the act,
he had not assigned the copyright to the plaintiffs ; but
the argument was that as Mr. Courtney had been em-
ployed by the plaintiffs, and paid to write for them,
they were, by operation of law, authors of all he wrote
in pursuance of that employment.

Mr. Warren submitted that if that were so the effect
would be to make an author a mere slave, and to inflict
a serious injury upon literature ; and, indeed, under
those circumstances, the phrase of his learned friend
would be justified, when he, speaking of Mr. Courtney,
said, "We bought his brains." Suppose a Mr. Grump
in Holywell street were to agree with some embryo
Wa.ter Scott in distress, that, in consideration of a pay-
ment, he should in future write for his publisher, would
that pass copyright in all future productions t If Sir
Isaac Newton had been employed to make discoveries
in physical science, and in the course of that employ-
ment had produced his "Prinoipia," could it forsooth
be said that the employer was the author of that immor-
tal work ? Or, if the proprietor of a theatre had em-
ployed Beaumont and Fletcher to write plays for him,
would the works of those men of genius belong to him
in consideration, as in this case, of some paltry 2/.
a-week ?

Mr. Justice Williams—l do not see that it makes
any difference, whether the amount be 2/. a week or
"Ten Thousand a-year." (A. !augh.)
Mr. Warren continued to urge upon the court that it
was plain that the intention of the Legislature was that
the c,pyright should originally be only in the author,
and could only pass from him by assignment duly exe-
cuted ; and the learned counsel concluded an eloquent
address, by submitting that the rule should be made ab-
solute.

The Chief Justice said that the case was one of some
general importance, and therefore they must take time
to consider it.—Judgment deferred.

POLICE INTELLIGENCE—Nov. 22.

CLERKENWELL.—CsARGE or CAUSING THE
DEATH OF A WIFE.--Simon Richard Hence Hyde,
bricklayer, residing at No. 7, Hertford street, Somers
Town, was charged with having caused the death of
Sarah Hyde, his wife, by striking her In the head.
Sergeant Hill, 39, S division, having been sworn,
said—On Wednesday evening, at half-past 6 o'clock, I
received information that a man had caused the death
of his wife, at a house, No. 7, Hertford-street, Somers
Town. I immediately proceeded there, and found a
woman lying dead on a bed, in a room up stairs. It was
a four-roomed house. No one was in the house at the
time. I made inquiries, and was informed that the
woman and her husband (the prisoner) had quarrelled
the night before. The deceased had been washed and
laid out, and a shawl tied round her bead to keep ht-er
chin up. She had a black eye. I made inquiries to
trace the husband, and at length found him at a house,
No. 2, Hertford-street. They at first denied that he was
there, but being positive that he was I went into the
house, and found two men in a back room. I asked the
prisoner, who was there, if his name was Hyde ? He
said, " No, my name is Penn." I said you are the man
I want. He replied, "I am not ; it is your mistake."
I told him he must come with me. The prisoner then
said, "It is of no use to conceal it, I am the man. I
shall reserve what I have to say."
Mr. Tyrwhitt---Did the woman appear to have been
dead for any length of time?

SergeantfiillL-She died at half-past 5 o'clock ; she
had been dead about an hour, your worship.
David John Short, of 7, Hertford-street, Somers
Town, landlord of the house, said—On Tuesday night
last, at half-past 11 o'clock, I went to bed. Shortly
afterward I heard a noise up stairs, and on going up
stairs I saw the prisoner and his wife (deceased) on the
floor, struggling together. They were both dressed as
usual, in their clothes. The deceased asked me to se-
parate them. They were both quite exhausted. The
prisoner was bleeding from the mouth and face. I se-
parated them, and persuaded her togodown stairs, which
she did, and she sat down with me three-quarters of an
hour. I advised her to go to her mother's house in the
same street. She shortly afterwards returned again, and
went up stairs to bed. At half-past five in the morning
I went to call my sons to go to work, when all was
quiet. I left between seven and eight o'clock, and
found a crowd in the street, and a report that the woman
was dead, and had been killed by her husband.
By Mr. T 3 rwhitt—The prisoner was drunk and the
deceased was sober. She put the candle to her head,
and said, q Look, Mr. Short, I shan't be able to go to
work again." They lived on good terms when the pri-
soner was drunk.
Mr. Tyrwhitt—l shall remand the prisoner.

WESTMINSTER.—Tux SUSPECTED MURDER AT
CHELSEA. —Sarah Allem, wife of a messenger in the
offices of the Iro❑ Steam-boat Company, at Chelsea, was
placed at the bar for re-examination upon the charge of
attempting to drown two her children, respectively aged
11 months and three years.

Mr. Newbon, solicitor, stated that he was in4tructed
by the Citizen Steam-boat Company, in whose service
the husband of the accused held an humble but respon-
sible position, to attend and watch the case, which was
of a very peculiar nature, on her behalf.
The particulars of the former examination have been
detailed, and upon tt-e accused being placed in the duck,
Inspector Drake, of the V division, stated that since
the former examination, the body of the third and oldest
child of prisoner had been found in the Thames, and a
coroner's jury had returned the open verdict of " Found
drowns•]."

Mr. Arnold intimated that the charge upon which the
prisoner had been remanded, and the only one at pre-
sent before bim, was for attempting to drown the two
other children. He wished to know whether there was
any other charge.
Inspector Drake replied that there was not, but the
charge originally brought under the notice of the magis-
trate upon the police sheet, was for having caused the
death of the eldest child, as well as for having thrown
the other two, who were rescued, into the wafer.
Mr. Arnold observed that, for the presents he would
only go on with the charge of attempting to OpTwn. He
then desired the witness, Mrs. Woodland, who gave evi-
dence on the first examination, to be recalled....
In reply to the magistrate's questions, she Mated that
l
she did not observe anything peculiar in the,-,,prispner s
manner at the time she left her house, at five in the
evening. She took the youngest child, who of course
could not walk, in her arms. That and the one three
years old, after their immersion in the water, were
brought home at at out eight on the same evening.
Prisoner's husband first came home that evening at half-
past five ; then he went out again, and came home about
six.

Cross-examined by Mr. Newbon.—Witness had lodged
in prisoner's house above two years. Accused was
always very kind to her children, and discharged her
duties to them properly, but latterly had not seemed to
take the same pride in their appearance as before. She
said they bad scurvy in their blood, and borrowed a
medical book from witness about scrofula. The eldest
boy, who was turned six, and not five years ofage,a
she had before stated, was healthy and robust. Witness
never saw him carry the youngest (the baby) about. She had seen him take the infant up when crawling,
that was all.

John Massey, of 3, Waterloo place, Church•street,
Chelsea, a blacksmith, was called to prove that a little
after five on the evening in question he met the prisoner
and the three children in Claurch•street, about 400 yards
from the water, but he gave his answers in so incoherent
and strange a manner, set up a hearty laugh when ques•
tioned, and behaved so indecorously that he was ordered
down from the witness box, it being presumed that be
was under the influence of liquor ; but on a subsequent
stage of the inquiry, it having been stated that there
was every reason to believe he was sober, and that be
_