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

conclusion that it is a novelty ? Witness—Because
it creates a sale.
Mr. Clarkson—Suppose an old lady was to wear
out one edge of a lace border, and were to cut off
four or five threads all the way round, would it not
resemble the border now claimed as a novelty ?
Witness—l cannot answer that question.
Mr. Clarkson—Then I hope Messrs. Grcucock and
Co. are not present to hear you say so.
Mr. Charles Nunn, of Aldersgate-street, proved
purchasing the two boxes of lace, on the 21st of July,
at Messrs. Groucock's and Co.
Mr. Payne said that was his ease.
The Chief Clerk said that it had not been shown
that the parties had resided as well as carried on busi-
ness in the City.
Mr. Payne suggested that the magistrate should, in
order that justice might not be defeated, call a witness
who could speak upon the point. Ile remembered
that in a trial for burglary he objected that the pro-
secution was closed and the parish had not been
proved. The judge, however, would not allow the
prisoner to be acquitted on that account, but recalled
a witness and proved the fact.
Mr. Clarkson, on behalf of the defendant, admitted
that his client did reside on the premises.
Mr. Clarkson then addressed the Court at great
length in reply to the case, contending that he was
entitled to a dismissal—first, because the certificate
was incomplete, and therefore conferred no right on
the complainant ; next, that the notice given to the
defendant was insufficient, for, instead of being a
notice to a seller that consent had not been theretofore
given to the maker to imitate his registered design,
it was merely a notice to the seller not to sell in
future without the complainant's consent. He ob-
jected in the third place, that the design so registered
was not new at the time of registration, but had
been previously employed by other makers ; upon
that ground, therefore, the certificate of registration
conferred no benefit. With. respect to his , first
objection as to the want of a sufficient description, he
would ask how any one could understand from that
certificate what the other had registered, or in what
the novelty claimed consisted ? Mr. Clarkson read
two letters which his clients had received, and com-
pared them with the requirements of the statute to
show that neither notice amounted to anything in law.
As to the third point, he should show that the article
had been made for several years.
Mr. Payne objected to the admission of evidence as
to the non-originality of design, as the registrar's
certificate was to be Conclusive on that point.
Mr. Clarkson said, it had always been held that the
words of the 16th sec. of the Act let in the right of
examining witnesses to show there was no novelty of
design. It said " A certificate was to be taken as
conclusive of the originality of design, in the absence
of evidence to the contrary." That evidence there-
fore might be given.
Mr. Alderman SALOMONS thought so too, and the
case proceeded.
Elizabeth Erswell said she had been forewoman to
the defendant for the last sixteen years, and she was
well acquainted with the rouche article for the last
nine or ten years. It consisted of a piece of lace
with a thread drawn through it, so as to bring it into
the shape of what was called quilling. She had made
it of all sorts and sizes, in different colours, and
different widths, and in the same manner as those
produced, the inner lace being of less width than the
outer.

The witness was cross-examined at some length by
Mr. Payne, but he did not elicit anything in favour
of his client, for Mrs. Ers well said that she had been
in the habit of making these rouche articles for the
last four or five years, including the one which was
now set up as a novelty.
Mr. Henry Simmons, milliner, of High-street,
Islington, said—l have dealt in rouche these ten
years, and I d) not consider that rouche of different
widths is a novelty. I never saw this description of
rouche until within a week. I don't consider it a
novelty in putting two different widths of lace to-
gether. I can't call it a novelty, although I have
not seen it before.

Mr. William Bayne said he was buyer to Messrs.
Fisher and Co., Watling street, and from his experi-
ence he considered that putting two widths together
was new, but putting the one on the top of the other
was not.

Cross-examined—He never saw the pattern in
question until lately.
Guorge Brooks, of Ml'worth, wholesale dealer, said
he was brother to the defendant, and did not consider
there was any novelty in the design, as he had been in
the habit of making the two different -widths for the

15.4 four years In call a,olovro.
Mary Hughes deposed that before the 14th of
June she had seen a bonnet with trimmings of the
same description as that now in question. This was
on the 29th of May. She did not make' any parti-
cular examination, but thought that the inner lace
was about twenty threads wide, and the outer the

usual length of thirty. She had been many years in
the rouche line, and had seen a great deal of it of
different sizes, but only lately.
In reply to the defence,
Mr. Mee was recalled, and said that Mr. Brooks
had told him that he had made it years ago, and that
Mr. Beneste ought not to have registered it.
By Alderman SALOMONS-4 call this a novelty,
because one portion of it is narrower than the other.
Mr. Hesketh Hughes, of Bunhill•row, lace manu-
facturer, also said he considered that the rouche lace,
made up as it was, was a novelty.
This being the whole case,
Mr. Alderman SALOMONS retired for a short time
to consult with the Chief Clerk, and on his return into
court said this was a case of that description where
great responsibility was thrown on one magistrate to
decide upon a case, and where the Act of Parliament
itself was not very clear. He could not help thinking
there ought to hare been something inthe certificate
_ _

describing the article, so as to guide him as to what
was new, and whether that had bsen infringed upon ;
for it left him to go through a labyrinth of evidence
to ascertain what the design was, and what was
not claimed as new. Besides the insufficiency of the
ticket, he was of opinion that the balance of evidence
was against the applicant as to his having originated
this mode of making up the lace, and therefore he
must dismiss the information.
Mr. Clarkson intimated that if ever Mr. Beneste
brought him there again he should press for costs.
All parties then retired.

HIS IMPERIAL HIGHNESS THE DUKE OF LEUTCHEN-
BERG.—Yesterday, after an early dejeuner, his Imperial
Highness the Duke of Leutcheuberg, attended by Che-
valier Roux de Damiani, went to see the principal at-
tractions of the metropolis. On leaving the Russian
Embassy, soon after one o'clock, the Imperial Duke pro-
ceeded to view the interior of the House of Lords, and
was apparently highly pleased with the elaborate style
of decoration. On leaving that building the Duke and
attendants visited Westminster Abbey, and after a rapid
glance at the tombs of the British Sovereigns interred in
that sacred edifice, his Imperial Highness visited the
Museum of Geology in Craig's-court. At the conclusion
of his visit the Duke departed to visit Viscount Palmer-
ston at his Lordship's residence in Carlton- gardens, and,
thence repaired to view the National Gallery. The car-
riage was then ordered to go the Tower, over which ancient
fortress the illustrious stranger was conducted, but as his
elevated rank did not transpire there was no outward dis-
play, one of the warders alone escorting the party. The
Thames Tunnel was afterwards visited, and, as is inva-
riably the case with foreigners, excited much interest. It
was the Duke's intention to have gone over the Royal
Exchange, but when the party reached there that mart
of our commerce was closed. St. Paul's Cathedral was
visited by the Duke while in the City, and among the
monuments pointed out to his especial notice was that of
the immortal Nelson. The Duke and party thence re-
turned to the Russian Legation. Priace Metternich,
Prince Richard Metternich, his Excellency Viscount
Moncorvo, Baron Koller, Baron de Torre de Moncorvo,
Baron Stratenus, Mr. H. A. Addington, Major-General
aMaytonet,hB:
were
Duke
yesterday among the complimen-
taryte ay at Ashburnham
Fox,
visitsMrß.
id p House. His Imperial Highness and suite dined with
his, Excellency Baron Brunnow in 'the evening. We
understand his Imperial Highness intends to remain in
London until Thursday, by which day the Russian
steam-frigate will be ready to again proceed on its
voyage. The eventual destination of the Duke is Ma-
deira, in which island he purposes to reside during the
approaching winter, thatvlimate being recommended. to
him for the benefit of his health. A distinguished
circle, including Lord John Russell, has been invited to
meet his Imperial, Highness at an entertainment to be
given by his Excellency Baron Brunnow this evening at
the Russian Legation.

THE HUNGARIAN STRUGGLE FOR
.INDEPENDENCE.
—We are happy to find that this important commercial
town (Southampton) is not likely to bo behind other
towns in the kingdom iu its expression of sympathy with
the bravo men of Hungary now struggling for their in-
dependence against the combined despotism of Austria
and Russia. A requisition to the Mayor is in the course
of signature, asking him to convene a public meeting on
the question, and as we have no doubt. from his well-
known character for liberality, that his worship will im-
mediately accede to the request, we trust that the appeal
will be warmly responded to by the town at large, and
that such a meeting will be the result as will do honour
to the men of Southampton. and add, another to the
many demonstrations made by them in the cause of uni-
versal freedom—Hampshire Indepehdent.
A farmer in Suffolk has been fined 1/. and costs
for drawing blood from an old woman whom he called a
witch, by scratching her head with's nail. He said she
had bewitched bim.—Beciford Timm