The Sun.
London, England, 1809-07-28 00:00:00

FIOAT TITS GE13.1.1141V

PATERM7/101:1, Am? 5.--Accords-ig to
and intelli,m
Bence received here yesterday, an English squadron
'has appeared between HochlanCi Cronstadt, in
presepce of the AusSian fleet. A naval engagernt>.::
is expeefid. The foreign aierehantinen in Cronstardt
have received notice that they may sail When they
please, but at their own risk.

Our Court Gazette contains What
" Austria has asserted in her Proclamations, that
France looks in vain for assistance from her
It this observation should be applied to RIISSi3, it
will be a sufficient refuCation to state, that ot► the-41ra
of June the head-quarters of the Russian artily were
at Lublin."

VIENNA, .1,1.7!.Y 6.—On the 4th the FitlStriall
General Von Weissen wolf arrived at the head-quar-
ters of the Emperor Napoleon, and in the name oif
the Archduke Charles propoied to treat for an
Armistice and Preliminaries Of Peace. The Euane-
ror having signified his refusal, General Weisser).
wolf stated, that the army, of the Archduke Charles
was still QuO,,ctuo strong ; but he received for an-
swer, that the late of that army would be decided in
two days.
CASSEL, JULY 13.-:-The disturbances in the de-
partment of Werra, are not quite settled: It was
not 500 but only 150 boors, who attacked the town
of Marburg in the night, in consequence of whiclA
a new commotion broke out in the former Bishopric
of Paderborn ; the pretence for which was the tar
on consumption. A party of eight Men only were
sent there, but the insurrection increased as the 01-
ficer did not shew sufficient decision. A strong de-
tachment of French troops has therefore been sent
against them with cannon.

BERLI N, JULY IB.—The following has been
made public here by the Imperial Austrian Ein..
basso

OFFICIAL BULLETIN.

On the 4th the enemy threW a new bridge over
the Danube from the Island of Lobau. The nature
of the ground and an immense quantity of artillery;
greatly facilitated this operation. The Imperial and
Royal army was posted on the heights behind the
Russbach, and extended its right wing to SUSSOI).•
brunn and Ragrau ; the left to Margratf-Siensiedel.
The centre was at Wagram.
In the night of the 4th and sth, the enemy com-
pleted the passage of the Danube to the left bank,
and very early in the morning large bodies atipcared
on the plain. About mid-day all the points of the
line of the Imperial and Royal army were atvacked.
The principal etforts-of the enemy were however di-7
reeled against the centre, with the view, no doubt,
to penetrate it; bttt all his attacks, repeated with the
greatest fury, and supported by his numerous artil
lery, among which were several batteries of heavy
cannon, remained fruitless. At ten at night the
firing ceased. The' Imperial and Royal army had,
along the whole line, maintained its positions, and
had made a great number of prisoners, among whorrt
were many Saxons, Badonese, Italian, and Portu-
guese soldiers.

On the Mb, about four in. the morning, the
enemy renewed his attack with larger masses and
greater fury than on the preceding day. All his
efforts against the centre and right Whig were
without effecl ; the latter had even obtained such
advantages, that a complete viaory was expected,
when the enemy, with fresh divisions and great su-
periority, suddenly forced the left wing near Neu-
siedel, and compelled it to fall back. As one flank
of the Imperial and Royal Army was thtis threaten.;•
ed, his Imperial Highness the Generalissimo thought
it right to order a reatreat by Hamsdorf and the Siz-
amberg, in order to take a new position, and to co-
ver the communication with Bohemia. This retreat
was accomplished in the
_best order, and without
any remarkable loss.

The lasi of the enemy on his centre and left wing
was very great. We made 6000 prisoners, anions
whom were three Get'erals. We also 'took twe!%
pieces of ',cannon, with ammunition 3 and he wan
every where so reduced, that he has not since en-
deavoured farther to follow the Imperial and Royal
Army. General Lassalle is among the enesny'S
dead.

The Imperial and Royal Army has also a great
loss to deplore. Generals Peter Vecsay, D'Aspre,
and Vukassowitz, are past the hope Of recovery.--
Among the severely wounded are -Generals the
Prince of Hesse-kionaburgh, Stutterheim; and Parr.
His Royal Highness the Generalissimo himself, and
the Prince of Lichtenstein, have received slight gun-
shot wounds,, which, however, have had no bad
consequences. Fur the rest, the whole army dis-
played such proofs of courage and firmness, as to
leave no anxiety for the future.
[The above Bulletin has no date, nor are the bead- '
quarters mentioned.]

1
STOCKHOLM, JULY 7.—Major Arfwedson has re-
turned trom his mission to the French Emperor, and
has brought passports for a Negotiator to proceed
to Paris.—Baron Von Essen is to be' the Ambas-
sador.

STRALSUND, JULY 15.--The French General;
Baron Coudras, commanding here, Has lortnally
authorised an establishment of a communication be-
tween Sweden and the Continent, through this
port.

BERLIN, JULY 18.GeneralsBECZAS and BAKOS.
SOWITZ were dangerously wounded in the late batiks.-
2S well asPrince HESSSE HoIEORG, STUTTEHEII‘I
and PAR. The Archduke CHARLES and Prince
LICHTENSTEIN were but slightly wounded.
VIENNA, JULY'6.-It is said that the Archduke
demanded an armistice on the 4th; which
fused.

•r
ERFURTH, JULY 19.—T0-day General RENBELT
with the first Westphalian division is proctedlng to
Hanover,whither the King of Westphalia was to set
out on the 24th.

TUE .MAYNE, JULY i 6.—A corps of .000 111611
from Ingolstadt are on their way to join the Duke of
Abrantes. •

PRAGUE, JL7l.‘;' 12.—0 n the 7th the Luke of .\
AaRANTES, proceeded to join the King of Westpha.
ha, drove back Gen. REDROOJEWICH ; but on thd
Bth he was going towards Hoff, when the Austrian
General KIENIVIEYER having joined Gen. itzi)nooi Ea
wicn, made an attack on the puke with such suc,
cess, that notwithstanding a most obstinate resist•
ance, the enemy were driven fro:nail their positives,
and Oosely purSvied.

Ld-iP REPORT.

COURT OF CHANC LY 26.

The and last'Seal commenced this day.

BARBER V. SANDERSON.

Sir SAMUEL ROsitiLy, on behalf of the Plaintiff,
moved for an injunction to restrain the Defendant
from making use of ap . invention • for which the
Plaintiff had eataioed a. patent, being an im:.roved
method of w orking whit is 'herein called the double
looped stocking witch.. A Bill had been filed be-
-1%4 een the . present parties upon this- very subject,
and an issu i:irected to try their riAtts and, tydn
toe- ilia:, of that action, the Plaintiff
.had a verdid.
Howitver, the Detllntlant immediately after adver-
tised; in the Nottingham NeWspaper..c '(lle being
there re.oden,), than he had fUlly obtained' his object
tria.l, and was ready to aup'ply the trade with
tirtich•, as usual..-

otmerVed by Mr. HART, on the same side,
t. it it the Defendant had gained his objea by
-verdict
.ott the. lOW being a;ainst _ him, the
g:.;“,ting the present Injunction make his
ft) rtwre.

he hole was granted, calling on the Defend-
', ant to sneW cause wily the Injunction should not

issue.

_ -A like Rule was granted., against four other pe-
foldatits,.for a like violation of tote-Plaintiff's pa-
tent.

HARMER V. PLANP.

Mr. RICtiAriDS, for 'the Defendant, moved that
the case toade in this cause, and sent by this Court
for argument and ,consideration in the Court of
King's Bench, should be sent back tor the re-consi-
deration of that Court, or else sent for argument
and considerati( n to the Court ot Common Pleas,
• upon the toliowing grounds :—The Plaintiff had
filed his hill in the cheacter of a patentee of a ma-
chine for raising a. nap upon, ynd cutting and shear-
ing cotton and coarsti woollen cloth 4, against the
Derendant; tit: invasion ot; his patent. Upon the
motion for ahe.lojundion, a case, was agreed upon
Of the following-tads, fir the purpose of getting
the opinion of the Court of King's Bench, as to the
conclusion to be from them. In the year
1787., the Plato.-ifrobtained a patent, 'as for an ori-
ginal invention, *and, und'er the conditions of -it,
duly registereo the specification of his invention. In
the year 1794, he ptheuted a second -patent for cer-
tain imprdveoents he 'had discovered and Made in
his original.machine ; and, in like manner; in due
time registered his• second specliCation ; and. the
quesiion ne,de tor the di.•cision of a Court of Law
was—Were the improvement; suf iciently. set out as
required by the patent; • they not beitig specifically
detailed, but only to be distinguished :by reference
to the Specification tinder the origitral patent
,?
Upon the argument of this qqestion in the King's
'Bench, that Cunrt certified' that,
ffi u
the second specifi-
cation was s 4
citailly explicit, neer the terms of
the second, patent. It was. nosy contended toz, the
Defendant, that the contrary was' the right Condo,-
Sion, and therefore lot wished to,have it either sent
back for !e-consideratio-o, or to the Common .Pleas
for their opinion; and lie was ready to be finally
concluded by such determination. Mr. Wetherall,
who argued the • case in the King's Bench on the
part of toe IXtendant, re-stated the grounds of his
resistance to the Validity of the specification, that
' the improvements were required not merely- to be
discoverable by reference to, and comparison with,
the original specification, but 1114 they should have
been sptcifically discovered and distinguished by the
patentee, marking what was new, as contra-distin-
gthsited from t hat was old. If such a-reference was
allowed in the case of one improvement, it might be
equally solo a second, third, or fourth, and so on;
ad inf,nitain, to -the attainment of that confusion
which was often the objea -of patentees, for the
purpose of pre entingo he world at large of knot}' ing '
total impiovetnents they were entitled to make use
of, and wit ttnot.
The Loan CnANcEr.t.ort did think it necessary to
call on the Counsel for the Plaintiff to resist the mo-
tion. This Court, in making its decisions, was not
bound by the opinion of a "Court of Law, but
proFieoed upon its own ' judgment ; however it
might wish to be assisted in its decisions by the opi-
nlo. s of other Courts ; thinking, as he did, the de=
cision ot- the Court of King's Bench to be perfealy
righ', and supposing the Cornnioti Pleas, if the case
were to be sent thew, should be of an opposite opi-
nion, he should have to decide between two oppo-
site judgoatiintS. If, on the other hand, he were to
send it back to, the King's Bench for re-argumerit,
aiid re-consideration, and that Court should happen
to rc.erse their former opinion, be certainly could
'not agree with such a decision ; and, therefore, no
good- could arise from granting the motion. There
was; however, a mode y which the question might
be finally put at rest between, the 'parties. Let the,
,--Detendant move to dissolve-the injunCtion, which
ito iAbold refuse, stating, as- his reason for' such re-
fusal, his argument in the decision of the Court "of
Bench ; and then die Defendant might go
to tie House of Lords fot,their-decision on the pro:
priety of his judgment.
Mr. RICHARDs took time Co consider'what Course
it tt.ight he expedient for the Defendant to adopt'on
the occasion. ,

LELINYN AND OtHER.S V. BRIDGEMAN AND OTHERS.
Sir SAmo,EL ROMILLY applied tor a Rute, calling
on-the Lltlendatits to shew cause why they should
not be restrained blr the injunction of the Court;
from ,eying and disposing of work; alleged by the
Plaintifkty be a piracy from The Abr,idgment of the
Law. of Nisi, Prigs, compiled originally by the
litaintitf, th'e\ alteratious from which were only in
inildttrial instances ; but The copying,of which
-was so close as to contain the very rhistakes ot. the

-
COURT,—" Take the orier."

MORRIS V. COLMAN,

Sir S. ROMILLYa. on . the part -of the Plaintiff,
moved for leave to produce additional affidavits, for
the purpose of shewing mistnanagement -in the
alfalfa of the Haymarket. Theatre ; - and added,
that Mr. Colman had
_thought fit to withdraw one
of his pieces from representation, which
.had :very
much tended to diminish the profits of the concern.
./The Lo Kn CHANCELLOR appointed the further
heating in the cause to stand for ;I.Vonday next.

CLARKE VI. BRIDGMAN.
Sir S. RomILLY said, that the- Plaintiff tad pub-
lished a work on the law of Aisi whtcb had
been literally copied in another published by the De-
fendant. The Learned
_Counsel read a variety, of
passages from the two works, but even the very er-
rors had been transcribed in this case; and concluded
with moving for an injunction to prohibit the de-
fendant from cotitinuing,the sale of his work.—ln-
junct ion granted. - •
In the case of the Attorney-General against the
Cooper's Company, on the relation of Mr. James,
the Schoolmaster of the Conpany's School at Eg-
ham, an InjunClion was also grated to stop certain
proceedings of the Company with regard to that
school.

PLAGIARISM.
SEGWY:SY V. ITOLLINGSWORTU.

Sir S. ROMILLY- applied for an injundion in this.
case 'against' the Defendant,,, to restrain' him from
publishing .what, was alleged to be a pirated edition
of Selwyn's Abridgment of the. law of Aisi.Prius..
He read from his brief several particulars 'from both
works, in order to spew that the one had been co-
-pied from the-other. There, were triiling variations,
but these-were evidently introduced asa miserable at-
tempt to make a difference, such as—instead of " a
person. brought an a6lion," " a man brought an ac-
tion," &c. To prove the piracy still more satistac-
lorily he: stated that some- mistakes in the original
'work had been, faithfully tollowed,in the pirated edi-
' tion, &c.

The Loan CHANCELLOR having looked at both
works, said that there was a difference in one I art,
but that the Plaintiff was entitled to have an injunc-
tion as to that 'portion which evidently appeared to
have been pirated.--In uriel ord6red, accordingly,

COURT OF KING'S BENCH,

THE KING V. ROBERT COWPF.R.

The iTORN BY-GENER L-i-noved the judgment of
the Court on the Defendant, for assaulting violently
an' Excise Officer, as he was going upon his duty,
but not aEtually on duty, on the 25th of June last.
It appeared that the Defendant had hatboured some
millicesagainst the officer for having formerly seized
some smuggled goods of
.his.
Mr. MattaiATT spoke in mitigation, and the AT-
-TO: REY-G ENER AI. in aggravaion Of the sentene
of the Court, which was afterwards pronounced by
Mr.J4SlTics GROSE, ".That the Defendant do
pay to :the King a fine of tol. do enter into
for his good behaviour for.three years, hinistilf in
tool. and two sufficient sureties in 501. each, and
that
.he be further imprisoned until such fine be
paid, and such security be given ;" with which he
complied irnmediately, and was discharged.