The Sun.
London, England, 1865-12-13 00:00:00

From the opening statement of counsel it appeared
that the defendants had been engaged in building a
large iron steamer for the Turkish Government, for
which purpose it was necessary to construct a de-
scription of scaffolding composed of very tall and
heavy poles. The vessel having been launched,
the scaffolding was being removed, when, owing to
the rotten state of one of the poles, it broke, killing
one -man and severely injuring the plaintiff. There
was an apparatus employed in the Government
docks, and in most private dockyards, by which
accidents like the present were provided against,
but they were not adopted by the defendants. The
plaintiff received an injury to the spine, which con-
fined him for 11 days in the hospital, and he was
an out-patient for 11 weeks, and was not yet en-
-tirely recovered. Last March the plaintiff appealed
to the defendants for compensation, which they re-
fused, but offered him employment.
The case was proceeding when we went to press.

COURT OF COMMON PLEAS,
GUILDHALL.

(Before Lord Chief Justice Erie and a Special Jury.)

GRAVES V. ASHFORD AND ANOTHER.

This was an action by Mr. Graves, the eminent
copperplate publisher, Pall Mall, for an infringe-
ment of the copyright of three engravings, entitled
" My Ain Fireside," " Daddy is Coining," and
" The Highland Nurses." The defendants are
photographers in Newgate-street, and the alleged
infringement consisted of photographing the above
well-known engravings the property of the plaintiff.
The- Solicitor-General, Mr. Prentice, and Mr.
Montague Williams were counsel for the plaintiff ;
and Mr. Coleridge, Q.C., and Mr. Row for the
defendants.

Mr. Henry Graves (plaintiff) said that he had
purchased the right to engrave the pictures in ques-
tion, and paid for " Daddy's Corning" 50 guineas
to the artist, and 250 guineas to Mr. Simpson for
engraving it. For Sir Edwin Landseer's " High-
land Nurses" he paid a large sum for the right to
engrave, and 400 guineas to Mr. T. Landseer for
engraving it. The publication line was always
employed on the engravings when they were first
published. He never gave the defendants per-
mission to photograph his engravings, nor was he
asked to do so. The effect of photographing en-
gravings would be to diminish their sale. He had
seriously suffered from the infringement of his
copyright, and 70 plates which he had three or four
years ago were now reduced to 35, and he believed
they would have still further to be reduced.

In the course of the witness's direct examination
there was a discussion between counsel as to whether
the defendants were liable for the injury which the
plaintiff sustained, in consequence of the extent to
which the photography of the engravings had been
carried on generally, but the learned judge decided
that the defendant was liable only for the detriment
caused by his own•photograph.
The witness, in cross-examination, said that he
had a partner who was interested in his business.
He was the "Co." as Dickens expressed it, and
invested his property without appearing in the
business. He purchased the right of engrav-
ing the prints for eight years. Unfortunately
some of the photographs were half as large as the
engravings. He did not care much about the use
of the publication lines, until photographing became
so extensive.

Mr. H. Graves, son of the plaintiff, and assistant
in his business, and Mr. Fraser, also an assistant,
proved to having purchased at the defendant's shop
and elsewhere photographs of the engravings for 6d.
each.

Mrs. Jackson was next called, but refused to give
her evidence until she received her expenses, and
stoutly adhered to her determination, amid much
laughter, until the amount to which she was legally
entitled was handed to her. She said she was a
stationer at Leamington, and she believed that one
of the photographs produced was sold at her esta-
blishment. She would not swear that she bad more
than two of the photographs in her possession. She
had dealings with the defendants.
M. Joubert, 30, Porchester-terrace, Bayswater,
said that he was an engraver and photographic
artist, and proved that the " Highland Nurses" was
photographed from the engraving. He gave tech-
nical reasons to show that he could-depose to the
fact he had stated with certainty.
After some further evidence the' learned judge
summed up, and the jury found a verdict for the
plaintiff, and assessed the damages at 40s. for the
infringements in each case.

MARKETS—This Day.

M ARE-LANE.

The supply of English wheat on sale at Mark Lane to-
day was very moderate, and the condition of the samples
exhibited a slight improvement. The trade, on the whole,
was steady, and prices ruled firm.

With foreign wheat the market was fairly supplied.
The demand ruled far from active, nevertheless a moderate
quantity of produce changed hands at full quotations.
Floating cargoes of grain were in fair request at full
prices.

The supply of barley on sale was tolerably large. The
trade for nearly all qualities was in a sluggish state at late
rates.

Malt sold slowly at previous quotations.
The supply of oats on sale was somewhat extensive.
For most qualities there was a steady demand and prices
ruled firm.
Beans and peas moved off steadily at fully late rates.
In flour about an average business was transacted at
late prices.

SHIP ARRIVALS THIS WEEK.
Wheat. Barley. Malt. Oats. Flour.
English and Scotch 620 1830 350 10 240
Irish
Foreign 8530 4970 49,110

340 sks.
1420 brls.
COMPARATIVE QUANTITIES AND PRICES OF GRAIN.
For the week ending Dec. For the corresponding week
9, 1865. last year.
Q,rs. Aver. Qrs. Aver.
Wheat 72,986-46 s 5d Wheat 79,671-38s 5d
Barley 81,030-33 s 2d Barley 93,924-29 s 2d
Oats