The Sun.
London, England, 1814-03-16 00:00:00

NAVEL NEWS.

DEAL, Manc 15.—Arrived 'the Active, hired
cutter .with dispatches .frout•Adtuiral YouNG.—
Wind N. E.

FALMOTJTH, MARCH 13:—Arrived the Noctork
packet with a mail from Malta, last from ,Gibral-
tar, in 22 days ; left at the Rock the Fax packet,
bound up. Also arrived the
,ship Oracabossa,
Captain COWHAM, from Malta : saailed the 20th
December, arrived at Gibraltar the llth February,
and sailed from thence the following day. Ar-
rived the Geotgiana, PRICE, from Bermuda, .r-
-elent from Cork, and the Ashby and Ilope•from
Waterford.—Wind E.

PORTSMOUTH, MARCH- 15.—Arrived the Thetis,
Charlotte, and Amphitrite merchantmen, front
the Downs. Sailed the Misletoe, with a convoy
for Guernsey and Jersey. Went out of. harbour
his Majtsty's ship Melpomene. Ws Majesty's
ship Brazen takes to Plymouth any vessels:pound
to the Mediterranean and the North Coast of
Spain, and will go to Cork with- the trade bound
to that port: She is, expected to &ail in the
morning with the transports that are ready, with
,troops, bound first to Plymouth, and from thence
to Palsages.—Wind easterly.
• i'VYMOUTH, MARCH I4.—Arrived the Hermes,
of 20 guns, from the Brazils ;" Ethalion fri,rate,
and the Dispatch gun-brig, from a eruize &so-
lent gun-brig from the North Coast of Spain.—
Sailed the York man of war for the Channel fleet.
Arrived the Havilie and Flora from •LdndOn,
Success and Traveller from Liverpool, and the
Hope from Glasgow.
CORK, MARCH 11.—The West India fleet posi-
tively sails to-day. _

By letters frOm CalCutta, of the 18th Septem-
ber, we learn that a fleet would be dispatched .
from thence for England about the middle of De-
cember.

' Yesterday a Court of Directors was held at the
East India House,, when the extra ships Lady
Castlereagh, 662 tons, Larkins, 637, anti Cold-
stream, 694, were taken up, and stationed for
Madeira and Bengal.

His Majesty's ships President, Bacchus,
can, Triuculo, and Teazer, sailed from Cork th,
10th inst. with a large fleet, for Spain, Portugal,
and the Mediterraneen.

His Majesty's ships Minorca, Eclair, and Con-
founder, sailed from Gibraltar the 'l2th tilt. for
England, and may. be hourly expected.
'The Hannibal man of war, which was on the
Bth instant in chase of two frigates .that sailed
from. St. Makes the night before, ,vas spoken
with on the Itth; in lat. 49. 42. long. J. 11.
"with the Erebus sloop of war and Virago gun-brig
in company. =.
_ .

.
The Royal Sovereign man of war, 110 guns,
which sailed from' Portsmouth the SEII instant,
with a fleet for the Mediterranean, was on the
9th in. lat. 47. 52. long. 7. 11. with it bbut 50 sad'
in company.

The capture, a few days previously to the ac-
tion at Claone, of the large magazines collected
by the French at La Fere, was a cirennwanee're-
markably fortunate to the Allied Army, as great
want of provisions, and other necessaries, begall
to be felt on both sides ; and the French were
in consequence still more destitute than the Allies.

Last week tie following troops arrived at Ports-
mouth : the 2d 'and 3d Provisional Battalions of
Militia, 'under the command of Sir VNTEI N WI
LIAMS WYNNE, to embark for the South of France,
and detachments of the 12th and 16th Light Dra.
goons, with large reMounts for Lord WBLI.I,NG,
TON'S Army in France. The regiments are about,
900 strong each, and arc composed of some of the
finest men in the militia service.

The America❑ Commissioners, Messrs. GALLA..
TIN N.,11(1. BAYARD,. have arrived at .Amsterdani
fro,m St. Petersburgh. It is the intention of the
former to embark for the United States about the
Ist of April; in the ship Neptune, which took
.
them to St. Petersburgh.
Mr. FRELI?t, an aged attendant upon the Duke
of CUMBERLAND, who went abroad with his Royal
Highness, and who was 'Tuning tollugland above
two moats since, arrived safe a few days since at
'Cumberland House, St. James's,. after having been
detained seven weeks by the weather at Cux-
haven.

The REcriRDER of LONDON will make a report
of Convicts under sentence of death in Newgate,
in a few day S.. We - understand Sattirday is the
day fixed upon.
The boy who was so barbarously treated by a
woman near iVindsor, we understand, proves to
be a son of 'Mr. MATES, the King's messenger.
Herring, the pickpocket, who at the last Surrey
Assizes was convicted of picking the pocket of
Lord NORNIANTON Of his gold snuff-box, at Vaux-
hall, On the night of the Vittoria kete, and sen-
tenced to seven years hard labour on board the
hulks, had not been there many weeks before he
effected his escape. Re continued undiscoverett
till last week, when a man was detected at Bris-
tol Fair, picking- the pocket of a farmer of his
pocket-book He was taken before a Magistrate,
and committed tti‘Bristol Gaol for trial, and he
was soon after discovered to be Herring. On be-
ing questioned, he confessed he had been carrying
do his occupation-in the neighbourhood of Bath
and Bristol ever since lie effected his escape, with
considerable success.

A daring robbery was on Sunday evening com-
mittel in the house of Mr. Day, of Lambeth
Road. Between seven and eight o'clock, whilst
Mr. Day and his family were sitting in the back
parlour, some villains contrived to enter the front
parlour by forcing up the sash, and took away .a
large pier glass; several articles of plate off the
side board, the chimney orna:cents, and several
other articles; with which they walked dailre-
rately out at the front door. Mr. Day heard the
door shut, and got up to see who it was. By
the light of the lamp over the door he saw a roan
go down the step, but was not in dole to prevent
•
his escape.

.LA IV N'I'VjAT.;j;ENC E.

COtSRT, OF CHANCERY,. NlAgor

WILLAN V. BiTEMAN AND OTHERS!

Sir Samunr ROMILLY,:,OII 'Monday, mewed that
the Itiitinction which had been granted by the
VICE-CHANCELLOR it this case, restraining the
defendants, tilLt he coming in of the answer, from
printing,- puriliSlting, selling, &c. a Work by'Dr.
Bitetnan, intituled,'" A SynopSis of Cutaneous
Diseases, according to the Urger of Dr. Willan,"
should he dissolved,- the defendants having put in
V full and perfect aitswer. The Bill had been
• flied and the Injunctioh' granted,' on the ground
that the publication in -question Was an infroiga-
ment.of;Jhe copyright of the plaintiff, Mrs. Wit-
, lan, in t N 6-) Works of her late hoShand, Dr. Wil-
lan ; the one intituled, « A Treatise on Cutane-
ens DiSeases," and the other, " An - Essay on
Vaccinat-fon.'"Che defendant, •Dr. Bate,an, in
-his answer( pleaded the licence
of Dr. Willan,
in his life-time to Dr. Bateman, to !n 4e.' use of
the amblications of Dr, Willan, which •vere large
• 'end expensive, in a smaller Work on the name
subject which Dr. -Milan wished Dr. Bateman
, to publish ; but, in addition to this, he denied
that his smaller Work was a. copy, or colourable
• copy, of Dr. Willan's Work, but a bona fide
abridgement of it, which he or any other person
had a right to make. As to that part of Dr. Bate-
man's 'Work which was charged in the Bill •to
haVe been copied from manuscripts of Dr. Willan,
which the plaintiff bad put into Dr. ,Eateman's
hands after Dr. W's death, in order that he .might
advise the plaintiff.whether they were fit for pub-
lication, tile answer denied the charge,, and ac-
. counted for the appearance of similar passages in
the 'defendant's Work, by stating, that Dr. Wil-
lan ha:', in the_ course of the year 1811, read
peaCtical lectures to Dr. Bateman on the subject
of Cutaneous Diseases, of whieh he had taken
notes at the time, some of which be. had embodied
in at, Work in question. That Dr. Willan was
himseJ- interested in, Dr. Batetnan's publishing
his Work on Cutaneous Diseases, the Learned
Conn-el interred frOm this circumstance, that on
Dr. Willan's feeling himself under the necessity
of resigning. his practice, and going to Madehat
on account of Itis, health, he recommended Dr.
Bateman as his successor, he, by an agreement in
writing, 'admitting Dr. .Willan to a participation
in the profits of his practice as a ,Pbysician. It
was therefore' for the interest of Dr. W. that the
character of dr. Bateman o.3,toskio in diseases of
this deseription, in which he particularly excelled,
should stand as high as .poiaible..
Mr. SuapwELl followed on the same side.
Mr. HEALD, on the part of the plaintiff, Win
support of the Injunction, argued, that the two
defenCes set np in the answer were somewhat in-
consistent with each other. If the work published
by the defendant was only a bona' fide abridgment
of Dr. Willan's.. work, what, occasion had he for
a licence frpm Dr. W. to publish it._ No such
licence, however, he submitted, could under the
Act of Queen Ann, for the protection of literary
property, be proved, unless by a writing under
the. hand of the, party conferring it, attested by
two witrtasses. That there could' have beep no
such licence in this case, he inferred from the
fart of Dr. Willan's carrying hi-s,ciwn unpublished
manuscripts on 'this subject along with hint to
Madeira; whereas, had he wished Dr. Bateman
to publish on cutaneous diseases, it was- natural
to suppose, as the Most effectual aid he could
have given him, that' be; would have left those
manuscripts with him. Indeed, it 'seemed quite
out.of the question, that Dr. Wihlan, after having
incurred great expence by the publication of his
own four guinea work, with
.plates, should have
wishet( tO see It superseded by . Dr. .oatcman's
Work, published at 125.,
That the Synopsis of Dr. Bateman was not a
bona fide
,abridgmek of the larger Work •of Dr.
Willan, but a..copy of particular parts of that
_ 'Work, with coloarable.alterations and transpogi-
tions, he proceeded to sh'eiv, by.reading a variety
of passages from the two Works. One part of
,Dr. Willan's Work, namely, that in which lie gave
e history ofAle various diseases, with a collectican
of.cases in each, r
..which had come undeilis own
observation, was no doubt wholly omitted in the
publication of Dr. Bateman, but still that could
not cowtitute his Woik an abridgment of , the
Treatises by Dr. Wiliam, the _substance of. which,
Os far as necessary for the purposes of Dr. Bate-
- inan's,' Work, had been freely and liberally
• adopted by.him into his own publication.—From
'comparing vari;ins parts of Dr 13ztteatatt's Work
with the ,impublislied • manuscripts left by Dr.
Willan, and which, it was admitted, had
been put by the plaintiff, immediately after,
Willan's death; into the hands of Dr. Bate.-
Man, in order that he might advise Whether
they were or were, not'fit for publication, 'the
Learned Counsel Contended:that it. was evident
that an equal freedom had been used by Dr.
.Bnternan with those unpublished manuscripts ; and
.that though they cvere:rrot,.as he had advised the
plaintiff, fit for publication as De. N,Villan's, still
he had no hesitation in allowing them a:place in
ills own Work. Against this part of the publica-
tion in question, he admitted, therefore, there
could not be a doubt but that his Lordship must
Continue the Injunction. It could not be alleged
tlratDr. Willan had given a licence to•Dr, Bate-
`men to publish his (Dr. Willan's), manuscripts,
which he had taken-with him to Madeira, in the
'op of being epabied, by a favourable change in
'-_iris health, of himself preparing them for publica-
tion, to the effect of completing his great WOrk on
,Cutaneous
Diseases • and it was'next to impossible
that any reading over by_Dr..,Willan of those ma-
nuscripts toDr. Bateman, he taking notes of them
tlle time, could have enabled him to catch not
only the whole of the substance; hut in many in-
stances the very language, and even the pcculiari-
-oe-of expression to the extent in which they were
here 'found.. It was-to be nhserved., that the Bill
epresSly charged De. Bateman_with having copied
the manuscripts confidentially entrusted to his
''care, and that he did not in his answer give kpo-
filtivedenial to this charge.
-Mr. :BURNELL followed on the same side. _
RONILLY, in a. very eloquent reply, took
occasion_ to vindicate the conduct of Dr. Batethan
from any imputation of • supposed ingratitude 'to

r Dr. Willan, whom Mr. Heald had represented As
his patron, or to his representatives; on the con=
,teary, 'he conceived that Dr. Bateman 'had acted
with the strictest hobour and 'liberality towards
the family of DrAN'illan, having at a period, when,
according to Mr. -11.eald's own statement, there
was no tirospect of the reciiverY of Dr. Wiltan,
entered into an agreement' with that Gentleman,
•by which Dr.. Willan's•farnily was to be entitled,
for the spaceof six years from thatdate, to 3 share
of the fees to be received by Dr. Bateman frArn
such patients as Dr. Willan's, or their immediate
connections, as shoyld employ,,D):„ Bateman. That
neither the one nor ibe other of those Gentlernen
acted improperly in entering into such an agree-
ment, he presumed could not here he meant to
be contended. It .Would • not surely be said
by, the planitiff in.this case, that Dr. could
haY.e been capable of recommembing Dr. Bateman
to his patients, if he had not, from long expe-
rience of his skill and abilities; known him, to be
a person well qualified to he his successor. Dr.
Bateman, too, must be presumed not to, have been
unconscious of his Own qualifications TOr him,
therefore, to have rejected the proposal olsoemir
trent a professional gentleman as Dr. Within, to
introduce hitir into . hiS extensive practice, even
though accompanied by a_ pecuniary reservation,
would have, been an excess of delicacy' which
could hardly have been looked for. The state-
'ment made by Dr. Bateman, in his answer, as to
the licence given by Dr. Within to him to pub-
lish n Practical Synopsis of his work, and
his communicating to him the ,contents of
his manuscripts, of which Dr. BaSeman, took
notes, did not depend on the oath of Dr. Bate-
man alone, but was confirmed by the production
of a note Irmo Dr. Willan, inviting him to come
to his house every morning, in order that he might
have-a practical drilling on the subject of Cutan-
eous Diseases, in order that .he iMr.
might have a fright; or, in other words, might
go abroad
.for his health. A paper, containing a •
classification of cutaneous disorders, drawn up by
Dr. Bateman, and corrected. in the hand-writing
of Dr. Willan, by which he,-in part, changed the
classification in hisAawn work, was also produced ;
and he (Sir S. Romilly), now held in his hand a
letter written by. Dr. Bateman, to his mother,
at the time, bearing the post-Mark- of; 741:August
1811, giving an account of this very transaction,
and of the licen,ce, , nay, of the wish.
,expressed
by Dr. W. to him that. he would make a pub- ,
lication of the kind, promising him all the assist-
ance in his power towards its completion:.Thaire-
face to Dr. Bateman's work, too, gave exactly a,
similar account of the nature anti object of the
publication, giving to Dr. Willan all the
,merit to
which he was entitled. Mr. Heald vas 'mistaken

in supposing tiiatDr. Bateman built on the license
from Dr,Willa,n, as being an assign► Went to the copy-
right ofDr. 'Milan's works. He did no such thing,
he only claimed it as au authority to him to pub-
lish , the Synopsis in question, Dr. 'Milan being
of opinion that such a work coming from Dr.
Bateman would conduce to their mutnal bonefit
under the agreement.into winch they bad entered.
He contended, however, that, independently of
the licence from Dr. Willan, this was not a copy,
or colourable copy, of Dr. W.,'s work, but a fair
abridgement ; as fair as was Mr. Serjeant Haw-
kins's Abridgement of Coke on Littleton.

____ll}e_Lo.i4nTC NCELLall—an zoi att. on zit the
whole case, could not satisfy himself' that the
work ,complained of was a tair abridgement of
Dr. Willan's work.- The question then was;-
1-41 Dr. Bateman a licence from Dr. W. to pub-
lish this,-, or, any other work ? That. he might
have such licence, without having it in writing,
his Lordship had no "doubt: From looking at the
defendant's"answer, he saw it sworn, in three
different places, that the publication complained
of was made not only with the licence, but by
the desire and on the suggestion of Dr. W. who
was interested in the professional reputation of
Dr. Bateman , to which there could not be a doubt
,that such a Work would 'not a little contribute.
Now, when his Lordship looked to the agreement
between these parties, ,he could.not but See that
this was a defence, not resting on the oath of D.
B. alone, but one -which was materially cenfirmed.
by the connection betWeen.*the parties, arising
upon that agreement. The-note, and also the paper
containing the classification of.diseases treated of

in the -publication in questionn, corrected in -Dr.
W.'s band-writing, went far., too, to shew that
Soule such Work as the .present, the publication
of which, as sworn to by Dr. Bateman, would
tend to their mutuarallvantage, was sanctioned
by Dr. Willan. These,. at least, were circum-
stances to go to a Jury, for them to consider
whether, coupled with the oath of. Dr. Bateman,
they did not shew that a licence had been given
by Dr. 'Milan fog= the publication in question. On
that part which concerned the manuscripts,; his
Lordshißentertained the greatest doubt, not seeing
it stated on the face .of the answer that they hack
.been so -read over,to Dr. Bateman by Dr-Willan,
as to have. enabled him to take copies of them,
which in the publication in question they in a
'.great measure were. Upon the whole, his.:Lord••
ship's present impression was, that a trial. ct law
should be directed, in order to ascertaisi.tbe ques-
tion, whether Dr. Willan did or did not give to
Dr. Bateman the licence contended for in his an-
swer; and that the answer of Dr. Bateman, after
it lad been made so complete as to be satisfactory
to the Plaintiff, should on that trial be received
in evidence, the agreement, in this case, not being
of such .a nature that it was likely there should
have been any third parties present at the making
of it, or at any of the consakations" resulting out
of it. His Lordship should read over the bill and
answer again before he finally disposed- of. the
matter, but these were his present impressions.—
He thought, also, that the publication of the
work .might be allowed in the mean time. 'an ac-
count ,of
_the • sales being kept; This was not a
case in which a pliintiff could be entitled to much
favour-in a Court of Equity.

Lieut. THOMAS WRIGHT, of the. 734 regiment,
serving in New South Wales, has been dismissed
the service, pursuant to the sentence of a Court
Martial, for various instances of neglect of duty,
and unoflicer-like and ungentlemanly conduct, in
drinking rind playing at cards with the principal
.Superitlteudant of COuvicts at Syduey,