The Sun.
London, England, 1849-11-28 00:00:00

LAW INTELLIGENCE

COURT OF EXCHEQUER, Nov. 27.
;Sittings at Nisi Prins, at Westmin-ster, before the
Loan CIIIEF BARON, and a Common Jury.)
WIGMORE V. JAY.

This was an action brought under what is com-
monly called Lord Campbell's Act, by the plaintiff,
the widuw of a working man, formerly employed by
the defendant, Mr. Jay, an extensive builder, to re-
cover a compensation in damages for the loss of her
husband. The plaintiff's husband was engaged in
September, 1848, in the erection of a
building called University Hall, in Gordon-square,
when a portion of the scaffolding in use,
on which the plaintiff's husband, and four or five
others, were working, fell and precipitated them to
the ground, the plaintiff's.,husband being killed by the
fall. On the part of the plaintiff, it was alleged that the
scaffolding in question was deficient—in particular that
one of the poles, called a ledger, was defective and
rotten, and that, notwithstanding the remonstrances
of some of the workmen, that pole was used in the erec,
tion of the scaffolding, and eventually occasioned the
accident in question.
Mr.'W. K. Watson and Mr. Maynard were counsel
for the plaintiff, and Mr. Cockburn represented the
defendant.
Thomas Eagan, a bricklayer's labourer, proved on
the part of the plaintiff, that on the 2d of September
last year, the day of the accident, he heard the head
scaffold-man (Harrington) say that one of the poles
was in a bad state, and,that if it was put up something
unfortunate would happen. After the accident he
saw the deceased taken up and laid upon a heap of
sand. He expired before he could he conveyed to the
hospital.
Cross- examinc d by Mr. COCKBURN—Just before
the accident there were four men with hods of bricks
and snorter upon the scaffold. All the men were not
assembled drinking beer ; the deceased was the only
person who had drank beer; he was in the act of
drinking beer when the scaffolding gave way. The
scaffolding had been previously used as " a run," that
is, a passage to other parts of the work, but it was not
used for the purposes of bricklaying until the day of
the accident.

By the Foreman of the Jury—The deceased was
perfectly sober.
Thomas Harrington, a scaffolder, proved that he
was engaged in putting up the scaffolding in ques-
tion, and that it fell down on the third day after it
was erected. Remembered having told one of the
men who was preparing a pole, that if he put it up
some sad accident would happen. The man replied
that he was authorised by the foreman to put it up,
and that he must obey his directions.
Cross•examined by Mr. CocKBURN—Is not now in
the employment of the defendant. Was not anxious
to give evidence on the inquest. Mr. Johnson, the
foreman, directed witness to shift the pole after the
accident. The pole was left bare, like a ship without
rigging.—(Laughter.) A foreman is a man who
walks about and does nothing, and orders every body
else to work.—(Laughter.)
At the concluvion of the plaintiff's case, the LORD
CniEF BARON intimated that he thought the defendant
was in law entitled to a verdict, inasmuch as the
declaration did not allege that the defendant person-
ally had had anything to do with the accident. The
master was not to be responsible to one servant for the
negligence of another. Ile thought the action was not
trambirable.
Mr. WATSON, on the part of the plaintiff, tendered
a bill of exceptions.
His LORDSHIP directed a verdict for the defendant
but the jury refused at first, but afterwards consented,
on being told they ought not to take the law into their
own hands.—Verdict for the defendant.

COURT OF COMMON PLEAS, Nov. 27.
Sittings at Niti Prius, at Westminster, before the
Lord Chief Justice WILDE, and a Common Jury.)

LEADER AND OTHERS V. STRANGE._

This was an action brought by the plaintiffs, Messrs.
Leader and Purday, musical publi,hers, of Bond-
street, and Messrs. Duff and Hodgson, musical pub-
lishers, in Oxford-street, against Mr. Strange, a per-
son in the same line of business in Paternoster row, to
recover compensation in damages for the alleged
infringement of the plaintiffs' copyright in the words
of a song, composing part of the opera of Leoline,
called "My boyhood's dream, enchanting theme."
Mr. Sergeant CHANNELL appeared as counsel for
the plaintiffs, and the defendant was represented by
Mr. Sergeant Bytes.
The song in question was sung by Mr. Charles
Braham in the opera of Leoline, which was brought
out at the Princess's Theatre by Mr. Maddox, the
then lessee. The music and part of the words of the
song were taken from a French opera, composed by
M. de Flotow. In the original opera, however, there
was only one verse in the song, and when Mr. Mad-
dox was adapting Leoline to the English stage he
procured Mr. lteynoldson, who described himself
as " a ryhmester,' to paraphrase the French song.
At the request of Mr. Maddox also, Mr. Lucas, a poet,
afterwards wrote a second stanza to the song, carry-
ing out or amplifying the idea given in that parphrased
by Mr. Reynoldson. In the autumn of last year Mr.
Maddox disposed of the absolute liberty to print and
publish the words of the opera of Leoline and the
music of the opera to the plaintiffs, in consideration
of 501., half of which was paid down on the making
of the agreement, and the remaining moiety after the
thirtieth night of the performance of the opera. Sub-
sequently the defendant published a version of the opera
of Leoline, including the song in question,making some
variations in the music, and with an almost entirely
new set of words. The words, of the plaintiffs and
the defendant's song seemed wholly different, but the
same train of ideas was kept up in both. The truth
of the matter appeared to be that Mr. Maddox and
Mr. Reynoldson had first "adapted," to use a mild
term, the original foreign opera, including the song
in question, and then the defendant had " adapted"
Maddox and Reynoldson's version. The defence
suggested was that both the plaintiffs' and the de-
fendant's publications were paraphrases taken from a
common original. The stanza of the song that was
principally alleged to be pirated by the defendant ran
thus :

" My boyhood's love, a fleeting dream,
That o'er me beamed, has passed away;
And now again sweet memory's theme
Returns to bless like dawn of day."
The defendant's verse, which the plaintiffs charged
as a piracy, was in these words :
" My boyhood's love, though fate awhile
A clarlcsome cloud upon it shed—
'Tis passed, and now beneath her smile
The cloud hath like a shadow fled;
And oh, a transient gleam will brighter hues impart
Unto the hopes that bloom within a faithful heart."
(The case bad cot concluded at the rising of the Court.)

COURT OF BANKRUPTCY, Nov. 27.
(Before Mr. Commissioner FONBLANQUE.)
IN THE BANKRUPTCY OF JOHN G. FULLER.
The bankrupt was the proprietor of Boodle's
Club-house in St. James's street. He obtained a
certificate of the second class a few weeks ago, when
the case was fully reported. This was a meeting for
the proof of debts. A claim for 9,0001. was tendered
On behalf of Mr. Hume, of Berners.street.
Mr. Lawrence supported and Mr. Taylor opposed
it; the principal ground of objection was, that an
excessive rate of interest (20 per cent.) had been
charged.
The COMMISSIONER said he had nothing to do with
the rate of interest any further than as it regarded
the conduct of the bankrupt.
The proof was admitted for 8,0001.
RE ARTHUR CHARMAN. _ _ .

_.... _
This was a meeting for the last examination of the
bankrupt, who was a farmer at Cobham. The
balance-sheet, prepared by Mr. Perkins, shows debts
and liabilities to the amount of about 2,5001., and the
assets are expected to realise about 1,500/. The as-
signees required an adjournment for the purpose of
investigating the accounts, which was granted for
three weeks.

Mr. Linklater supported the bankrupt.
(Before Mr. Commissioner SuEruERD.)a
RE JAMES KILMER.

The bankrupt, who was a builder and cabinet-
maker at Dorking, came up for his certificate.
Mr. Linklater opposed on behalf of the assignees,
and Mr. Lawrence supported the bankrupt.
It appeared that an action was pending against an
execution creditor, the result of which might mate-
rially affect the question of the bankrupt's conduct,
and it was therefore arranged that an adjournment of
six months should take place, which was ordered ac-
cordingly.