The Sun.
London, England, 1849-08-14 00:00:00

POLICE INTELLIGENCE.
MARLBOROUGH-STREET.
The adjourned proceedings in the case of the
Countess of Landsfeldt, charged with bigamy, were
resumed yesterday before Mr. Hardwick.
It was asserted during the morning that the Countess
would be at the court, but at three o'clock the respec-
tive counsel—Mr. Clarkson for the prosecution, and
Mr. Bodkin for the defence—came into court, but no
defendant appeared.
Mr. Clarkson said—Sir, I have the honour to wait
upon you again on the part of the lady, the aunt of
Mr. Heald, who caused the present proceedings to be
instituted. Since I was last at this court lam in
possession of important additional evidence in refer-
ence to the subject matter of the charges advanced
against the accused ; but I think it is quite
right to tell you that only this morning I have
been put in possession of information that
the Countess of Landsfeldt, or Mrs. James, or what-
ever other appellation the lady may be known by, is
some hundreds of miles beyond your jurisdiction.
This information was communicated to me by the
bail, with the view of saving unnecessary trouble and
expense. I know very well it would be idle on my
part to offer other witnesses before you to strengthen
a case which, in my humble judgment, was sustained
by prima facie proof on the former occasion, and such
a course would also be wasting your time and the
time of the public. Those who instructed me have
very properly requested me to state that they do not
believe the bail, who are entirely independent, and
utterly unconnected with the parties under accusa-
tion, have any part in or cognizance of the absence
of the accused. It is the wish of those for whom I
have the honour to appear, that the bail have their
recognizances extended to any reasonable length of
time, in order that they may cause the party in
question to be forthcoming on a future occasion. I
state this solely with the view of showing on the part
of the lady, Miss Heald, the entire sincerity of the
proceedings throughout the whole matter, and I now
ask you to allow as much indulgence with respect to
the bail, short of abandoning the recognizances, to
which I cannot consent, as you can do consistently
with the law.
Mr. Bodkin—Out of respect and proper courtesy to
the magistrate, I attend here to-day. Being deprived
of the presence of my client, for whom I was in-
structed on the last occasion, I have little to say. I
cannot offer any reason to the Court as to the
cause of absence. Certainly, it cannot be re-
ferred to any advice of mine as to any jeopardy
which my client might incur by staying to meet the
charge against her. Whether the absence is to be at-
tributed to the carrying out of the arrangements for
a tour to the Continent, or whether it proceeds from
any other cause, I have no explanation to offer. With
respect to the security, my Learned Friend Mr. Clark-
son has treated the case with that liberality which I
expected from him, and I have nothing therefore to
say on that point.
Mr. HARDWICK—The application is not to estreat
the recognizances ?
Mr. Clarkson—No, to extend the time—to give fur-
ther opportunity to the bail to produce the party.
Mr. Bodkin—lt is right I should state that these
gentlemen who are the bail were voluntary bail, and
made no previous arrangement for their security with
any one.
Mr. IhanwicK—Then I suppose it will do if I re-
spite the recognizances to this day month ?
Mr. Clarkson—lf you have the power to do so, I
shall offer no objection. I believe a discretion is given
to magistrates with respect to recognizances.
Mr. HARDWICK--.Thcro do.c appear some doubt on
that point. The Act says a magistrate may or may
not return the recognizances to the Exchequer, but it
dos not give power to respite.
Mr. Clarkson—l will do anything reasonable to
give
otfo
the t hen
obail,a pt
pha
e at
rtahnecye mayof the escapea ccutshe ed con-
sequencesbu t
I cannot consent to abandon the recognizances.
There is reason to believe that the Countess of Laods-
feldt and the young man alleged to be her husband
have gone to France, on their way to Rome. The
bail have therefore no more power than you have;
therefore I am not prepared to dispute any favour you
can show, which the Exchequer itself, under the same
circumstances, would no doubt be disposed to show.
I repeat, we are sati-fied the bail are not in collu-
sion with the principals.
Mr. HARDWICH-1 have no doubt a discretion is
given to a magistrate, in case of illness or accident
disabling a party from appearing. I shall therefore
respite the recogniz inces for one month
The parties then left the court.
GUILDHALL.
Mr. Alderman SALOMONS was occupied for a long
time in hearing an information filed by Mr. Beneste.
a fancy trimming manufacturer, in Jewin-street,
against Thomas Brooks, of Bridgewater-square,
lace-manufacturer, for unlawfully exposing for sale
goffered and rouched trimming, to which had been
applied a fraudulent imitation of a copyright design
registered by the complainant.
Mr. Payne (the Coroner) appeared to support the
information, and Mr. Clarkson for the defendant.
Mr. Payne said that Mr. Beneste had just right to
complain in this case against a rival manufacturer for
pirating his designs It was by the encouragement
given to genius that we became a great commercial
nation, and the Legislature had thought fit to pass
an Act to secure to the ingenious, for a limited term
at least, all the profits of their ingenuity. The article
which he would bring under the notice of the magis-
trate was a double row of twilled lace, with which
ladies ornament their bonnets. The making of this
lace with two rows, of an equal width, had been
practised for some years, but Mr. Beneste improved
upon this, by making one of the rows less than the
other, or the putting an inner row of a less width.
The great demand tor the article showed that this
was a decided improvement.
Mr. Alderman SALOMONS said it would rather be
the task of a lady than a magistrate to decide which
was the more tasteful of the two designs.
After some further exposition of the law upon the
subject, Mr. Payne referred to the opinion given by,
Mr. Justice Coltman in the case "Leader v. Purday,'
which was a complaint of new words having been
put to some old music, on which the judge insisted
on the principle that, if anybody improved upon an
old machine, the maker of the old machine was not
deprived of his right to make his machines in the
customary manner, but that he must not adopt the
improvement.
Mr. Alderman SeLomosts, taking up the ticket of
the registration, remarked that it seemed to be very
vague. It • did not point out for what part of the
thing registered the claim of novelty was made, and
what was admitted to be old.
Mr. Clarkson said the worthy Alderman had just
hit into the middle of an objection he was about to
make, that the specification filed was insufficient to
secure any right whatever. There was simply a
pattern of the article attached to a piece of paper,
with the words " This is the article for the invention
of which .a registration is claimed," and- thereupon
the registrar had affixed a number, and that com-
pleted the specification.
Alderman SALOMONS said it looked as if the regis-
trar would take anything to be new and original,
without any proof of the fact, leaving a court of
equity or a magistrate here to settle whether the thing
registered was new or not.
Mr. Clarkson said that was precisely the case. But
if the party offering the specification gave in it no
description of his invention, the registrar could only
give him, as in this case, a certificate of notice. To
save time he would' admit the registration and the
sale of the article, so as to reduce the question as to
the originality of the design.
Mr. Payne thought it advisable to offer some evi-
dence of the sale. lie called—
Mr. Robert Mee, who said that he was buyer to
Messrs. Groucock and Co., of Bow churchyard. He
purchased from Mr. Brooks, on the 20th of July, six
boxes of goffered and rouched trimmings, and after-
wards sold two of them.
Cross-examined—The novelty of the lace is, that
the inner portion of the quilting is narrower
than the outer, the former being 20 threads, while the
latter on each side was 30 threads. He had not seen
any of that make previously, and, therefore, could
come to no other conclusion than that it was .a
novelty.
Alderniiva SALOMOES..-EColy do you come to the