The Sun.
London, England, 1863-08-24 00:00:00

ASSIZE INTELLIGENCE.

HOME CIRCUIT.—CROYDON, AUG. 22.
(Before Mr. Baron Bramwell and a Special Jury.)
SEMAN V. COPELAND.

This was an action to recover damages, in the shape of
penalties, from the defendant, who is the proprietor of the
Royal Amphitheatre, at Liverpool, for having played a
piece called " Jessie Brown, or the Relief of Lucknow," at
his theatre without the consent of the plaintiff, who was the
author. The defendant pleaded that the drama in question
was not the property of the plaintiff.
Mr. M. Chambers, Q.C., and Mr. Laxton were counsel
for the plaintiff; Mr. Lush, Q.C., and Mr. Murray were
for the defendant.
Mr. Chambers said the plaintiff in this action was a dra-
matic author, and although he had not obtained a high cele-
brity in that position, he had,nevertheless,been the author of
a great many successful dramas that had been played at seve-
ral of the minor theatres in London, and at different country
theatres. The defendant was the proprietor of the Royal
Amphitheatre, at Liverpool; and the action was brought
against him by the plaintiff for having played one of his
pieces a number of nights at his theatre without his permis •
sion. The act of Parliament that was passed upon this sub -
ject entitled the plaintiff under these circumstances to all
the profits that were derived from such performances; but
it also enacted that certain penalties might be enforced, and
the object of the present action was to recover from the de-
fendant 26 penalties of 40s. each. The defendant answered
the action by asserting that the play in question was writ-
ten by an author of much higher position in the theatrical
world than the plaintiff, viz., Mr. Dion Boucicault: and he
shielded himself under what he could only describe as a
most unjust act. The name of the plaintiff's piece was
" Jessie Brown, or the Relief of Lucknow," and the subject
was derived from the melancholy proceedings connected
with that siege and the romantic incident of a Highland
girl, who was made the heroine of the piece, Jessie Brown,
hearing the approach of the Highlanders under General
Havelock when the garrison was almost at the last extre-
mity. This piece was sold to Mr. Lane, of the Britannia
Theatre, Heston, and was played a great number of nights,
and the plaintiff was paid the usual sum as the author. It
was afterwards played at other theatres, and the plaintiff
had no idea that his drama had been pirated until he read
an announcement in the .Et a, a newspaper that devoted a
good deal of attention to theatrical matters, that a piece
under the same name, the author of which was stated to be
Mr. Dion Boucicault, was being played in America, the
part of the heroine being performed by Miss Robinson, a
lady whom Mr. Boucicault had since married. Mr. Bouci-
cault subsequently came to England, and produced the
celebrated play of the " Collen Bawn," and at this time he
published a list of the pieces of which he claimed the
authorship, cautioning managers of theatres not to per-
form them without his sanction, and among them was
this play of " Jessie Brown, or the Relief of Luck-
now." A quarrel having taken place between Mr. NV eh-
ster and Mr. Boucicaulf, the latter went to Drury-lane
Theatre, at which establishment he brought out this piece
of " Jessie Brcwn,"_striking out, however, tho surname
of Brown, and calling it "Jessie, or the Relief of Lucknow."
He should show them that this piece and the one written
by the plaintiff were identical in almost every respect, and
it appeared that Mr. Boucicault had given his sanction to
the present defendant playing the same drama at his theatre
at Liverpool. The present action was therefore brought
for the purpose of putting a atop to the plagiarism and
pirating that had been going on, and if his learned friend
did not call Mr. Boucicault as a witness to give some
explanation to the jury, it appeared to him that his omitting
to do so must be taken as an admission of the "soft im •
peachment" that he had been guilty of cribbing and pirating
the work of the plaintiff.

Mr. Edward Stirling, stage manager of Drury-lane
Theatre, proved that in the month of June, 1862, the drama
called " Jessie, or the Relief of Lucknow," was performed
at that theatre. He went to Liverpool in November for the
purpose of superintending the production of the Elamo piece
at the Royal Amphitheatre, belonging to the defendant
The drama was produced on the 15th November, and it was
the same piece that was played at Drury-lane. The wit-
ness then identified a manuscript that was handed to him as
a copy of the manuscript of the piece that was played at
Drury-lane and at Liverpool.
Cross-examined—Previously to the piece being played he
had seen the American printed edition. Mr. Boucicault
wrote another act to that edition and heightened the parts,
as it was termed in theatrical phraseology, and several new
characters were introduced. The drama was taken from
one of the incidents of the Indian mutiny. when the garrison
of Lucknow having lost all hope of relief, Jessie Brown—a
young Highland girl—heard the approach of the bagpipes
of the Highlanders, under General Havelock, coming to
their succour. All the other incidents led up to that. In
Mr. Boucicault's piece the action commenced in India. In
the plaintiff's (llama the scene commenced in Scotland,
where Jessie was the servant of a Mrs. Campbell, the
wife of an officer, They all go to India, where

the husband died, and Nana Sahib was introduced,
but not by that name. It was thought that he would be
too repulsive to an English audience, and he was called
°hoelam Singh. He was supposed to make love to Mrs.
Campbell, who repulsed him, and in consequence of this he
is supposed to persecute the British. The mutiny then
breaks out, and the parties are all at Lucknow, and at the
last moment Jessie hears the bagpipes. Two comic cha-
racters were introduced in the plaintiff's drama—Mr. Sniffles
and Mr. Ginger, and there was no character of this kind in
the drama of Mr. Boucicoult. He considered there was no
resemblance between the two pieces until they got to the
fourth act, and then the incidents were necessarily the same.
There was no Nana Sahib in the plaintiff's piece, but there
was a similar character called Mahound, the butcher of
Cawnpore. In that piece also two Highland farmers were
supposed to go out after Jessie.
Baron Bramwell—Why ?
Mr. Lush—l dont know, my lord. (Laughter.)
The witness said they were her lovers, and supposed to
follow her to India. _ _ _

Re-examined—He had only read the plaintiff's drama
cursorily, and he did not discover that the two comic cha-
racters in it had been rolled into one comic Irishman in Mr.
Boucieault's piece.
Baron Bramwell—Two Scotchmen rolled into oue Irish-
man 1 (Laughter.)
Mr. Chambers—Yes, my lord, That's what we say.
Mr. Semen, the plaintiff, was then called. He said that
he was an actor, and also wrote for the stage, and in 1857
he wrote the drama of " Jessie Brown, or the Relief of
Lucknow," which was played at the Britannia Saloon,
Hoxton, and was very successful, and ran for three months.
He did not know that a piece under the same title was being
played in America until he read a statement to that effect in
the newspaper ; but he could not, of course, then interfere.
Some time afterwards Mr. Boucicault, who represented
himself to be the author of that piece, came to England,
and he wrote to him upon the subject, but did not receive
any reply. He went to Drury-lane to see the piece per-
formed, and from the rising of the curtain till it dropped,
he considered that his own idea of the Scotch girl was ap-
parent throughout the whole piece. The witness wont on
to deny that he had got the idea from a newspaper, but he
admitted that his drama only consisted of two acts, which
occupied an hour and five minutes in playing, while that of
Mr. Boucicault was in four acts, and occupied three hours
and a half.

Baron Bramwell here inquired of Mr. Lush what his ease
was ?

Mr. Lush replied that his case was that the two pieces
were entirely dissimilar, and the idea of each was merely
derived from a report of the incident which appeared iu the
newspapers at the time, one of which he produced.
The plaintiff was then cross-examined at some length.
He denied that he took the idea of his piece from the news-
papers, and said he thought he got it from a song. He said
he took his " idea" to Mr. Lane, of the Britannia Theatre,
and he approved of it, and purchased his drama. His piece
had never been printed, and he had never seen the printed
drama of Mr. Boucicault.

Mr. Lush then read a portion of the newspaper report, and
the plaintiff, after some hesitation, was obliged to admit, or
it was at all events apparent, that the expressions made use
of by Jessie in his drama were the very same that appeared
in that report. He also admitted that the final tableau in
his drama was copied entirely from a picture in the Illus-
trated Times, and in his own manuscript he referred to that
picture as a copy.
Mr. Chambers said this was his case:
Mr. Lush said it appeared to him that there was no case
at all to answer.

Baron Bramwell said he should like to know what the
jury thought of it.
The jury said they were unanimously of the same opinion.
Mr. Clambers said as this was the case he should elect to
be nonsuited, and
The plaintiff was accordingly called.
Baron Bramwell expressed his opinion that it was scan-
dalous that such an action should have been brought, and it
appeared to him that there was not the slightest foundation
for it. _ _

There are still 30 common jury causes remaining to be
disposed of. There are three special jury causes remaining,
and it has been arranged that the case of " Woolley v.
Pole" shall not be taken until Tuesday.

POLICE INTELLIGENCE.--Aug. 22.

MARYLEBONE.—A tall, stout, dark-whiskered man,
named George Ballard, residing at 9, Seymour-place, ap-
peared before Mr. Yardley to answer a complaint made
against him by Frances Williams. .

_ -
The complainant, about 18 or 19 years of age, stylishly
dressed, and good-looking withal, said—l am a young
married woman, living in the same house as the prisoner.
For the last fortnight or more he has been making his
" obedience" to me, both when he sees me by myself and
also in the presence of my husband.
Mr. Yardley—What do you mean by his " obedience ?"

Complainant (blushing)—Well, air, if I must tell, I must.
He nods and winks at me, as if he was making love to ms.
(Laughter.)
Does he laugh at you as well f—Yes, sir. Last Saturday
night he was winking at me, and I told him I did not wish
for his attenttons. He made use of bad language, and said
something about my eyes. He afterwards struck my hus-
band, and I took hold of his (defendant's) waistcoat.
Defendant—Whiskers you mean, you fascinating
et eature.

Complainant—l wouldn't take that liberty. Well, sir,
I clung to his waistcoat, and he struck me in the eye and
blacked it.

Defendant—Do say the right word, " whiskers."
Complainant, in reply to questions from the defendant,
said—The first time I spoke to you it was to pass the time
of day. You have spoken to me, and nodded and winked,
and done all you could to make my husband jealous.
(Laughter.) _

Joseph Williams, about half the size of defendant,said—
I am a saddler, and husband to that young lady (turning
affectionately to complainant, who reciprocated the
smiles). He then scowled fiercely at defendant, and said
to his worship—For some time past this man has been
making " obediences" to my wife to try to cause me to
be jealous—(laughter)—and I have not half liked it. (Roars
of laughter.)
Mr. Yardley—Has he succeeded in making you jealous?
Husband—Well, no ; not at present. He said he would
speak to her whenever he liked, and where he liked. I told
him he should not, when he kicked me behind and struck
me. My wife held him by the waistcoat and got me away.
Cross-examined—l might have called you a black muz-
zled dirty hound. You made your "obedience" to my wife,
to make me jealous, but it's no go. (Laughter.)
Defendant, in the midst of roars of laughter, said—l have
my own wifo in court, if your worship would like to look
at her ; she is quite as good-looking, and I believe I love
her as well as any other woman. I have lived in the house
for nearly four years, during which time this young man
came to lodge there, and has recently married this fascinat-
ing young wife. Her fascinating ways have quite capti-
vated him. I think the saddle should be on the other horse,
for I believe she has been trying to make my wife jealous.
On returning home the night that they speak of, they were
both at the window. She called me a vile name, and ho
called me a black muzzled hound. I said if he came out I
would kick his posteriors. As he came out I kept my word,
and sent him half way across the street. After this we had
a struggle, and somehow his dear love got struck. It's all
a fallacy to say I'm jealous of her, although she has got
all her trinkets upon her.
Mr. Yardley had no doubt that the defendant had mado
" obedience" to the complainant, as she termed it, with a
view to excite the ire of the husband against her. He had
behaved in a most insulting manner. Ho was then fined
10s., or seven days' imprisonment.

The defendant paid the money, and left the court with
his own wife.

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THE ILLNESS OF LORD CLYDE.—The sad illness
which has robbed the country of one of its noblest
heroes undoubtedly arose from the toils and hardships of
his soldier life. It was no mere "atrophy" of the frame,
such as enervating old age brings to the idle as to the bold
in arms, and it is just that we should say it, for it
seems only to add another, though a mournful, claim
to our tender reverence and high regard for this simple-
hearted and devoted soldier, to know that in his death
he paid the debt of injuries self-inflicted on his health
by bard service to his country. Lord Clyde was natu-
rally of a very vigorous constitution, and immense chest
development in proportion to his height. During
the Indium mutiny campaign in Oude ho was thrown vio-
lently from his horse, dislocated his right humerus into the
axilla, fractured a rib, and suffered afterwards some in-
flammation, both pleuritic and pneumanic. He never felt
thoroughly well since that accident. After his return to
England he had two or three attacks of congestion of the
lungs, associated with bronchitis and enfeebled action of
the heart. One of these attacks preceded his late fatal
illness. During his last sickness he was attended by the
medical officers of the Chatham garrison, Surgeon Major
Summers (Royal Engineers) being, we believe, in immediate
medical charge, assisted by a daily consultation with the
principal medical officers and others. Prof. Longmore, Mr.
Cutler, and Dr. Watson paid some visits during the course
of the illness. Their opinion pointed but too clearly to
the fatal result. The chief symptoms indicated fatty-de-
generation and dilatation of the heart, but without any ap-
parent valvular disease; imperfectly aerated blood, and
consequent disturbance of the brain and mental functions,
esiema, with orthuneea, and restlessness; these were the
sure forerunners of the end. And, in fact, the disease ccn-
sisted of general enlargement as to weight and bulk of the
heart, fatty degeneration and dilatation of the auricles.
It was obvious that the duration of the disease was upwards
of two years. Lord Clyde died, not from the wasting atro-
phy of age, but as directly in the service of his country, and
from the weight of the heavy toils and great blows which
he bore in that service, as though he had fallen on the very
field of one of those battles in which he so often led to vie-
torY.—Zaneet.

ALARMING ACCIDENT AT BLACK-

FRIAR'S-BRIDGE.

On Saturday an alarming accident occurred at
the works now in progress for the erection of a via-
duct for the London, Chatham, and Dover Railway,
across the Thames at Black friars. Of late immense
masses of scaffolding for laying the foundations of
the bridge have been raised at intervals right across
the river, leaving here and there open spaces in a
lino with the arches of the old bridge for the pur-
poses of the navigation. These works rise to a great
height, and, being in themselves somewhat pic-
turesque, people collect on the bridge in great num-
bers from day to day to witness the operations,
which were being pushed forward with astonish-
ing rapidity. As usual in great engineering un-
dertakings, travelling cranes are in use for
carrying materials along the line of operations,
and especially for lifting masses of granite which
are being used in the structure. They run on lines
of rail, and can be readily moved from place to
place. One of these cranes, a ponderous thing
of itself, was being transferred from one part of
the works to another on Saturday afternoon •
about three o'clock. It was worked in the pro-
cess of removal by seven or eight men, whom it car-
ried along with it, bearing thus its own motive
power, when, in crossing one of the spans left free
for the navigation, a beam of wood on which the
machine travelled gave way, and the crane, with the
whole of the men upon it, fell sideways with a fear-
ful crash into the river from a height of about 40
feet. For the moment, the excitement which the
incident produced among the people on the old
bridge is said to have been so great as of itself to give
cause for ala rm. They collected in a state of con-
sternation all along the eastern parapet, end the
crowd kept increasing for some time. A barge,
with two men on board, belonging to Brentford,
was passing below at the time of the accident, and
one of the men is said to have been hurt, but to what
extent could not be learnt, by the falling materials.
Two, if not more, of the seven or eight men who fell
with " the traveller," were so much injured as to
render their removal to an hospital necessary, and
there was a rumour on Saturday evening that one
was wholly missing. It would appear, however,
from inquiries made in various quarters last evening
that they were all picked np alive, but on Sunday,
when all the operations at the bridge were
suspended, it was difficult to learn the exact
truth. A minute or two before the accident a river
steamer crowded with passengers passed the spot
where the crane and the broken timber fell, and the
people on board had thus a narrow escape. During
the whole of yesterday the bridge was crowded
with people talking over the accident, and watch-
ing the operations for raising the traveller from the
bed of the!river, where it endangered the navigation,
already sufficiently intricate,while these engineering
works are in progress. It is understood to have
been removed towards evening.