The Sun.
London, England, 1847-11-13 00:00:00

that he had made a colourable imitation of the title-
fpage of the plaintiffs' edition, so that the public
might mistake it for the original. That, however,
had nothing to do with the present action, which mu
for the infringement of a copyright; and, if the
plaintiffs had been injured, they might make
it the subject of a separate action. The
plaintiffs were no more entitled to claim the melody
than any other publisher, for he should prove that is
1836 and 1837 the very same air, to which was at-
tached the same name and a similar anecdote, was
played by the Artillery band at Woolwich. The
master of that band would tell them that the air
" Pestal" was well known, that it came originally
from abroad, and that it was played by the band, and
he would produce the book from which the band thin
played. The anecdote which preceded the music in
the book was in these words :—" This air was com-
posed by Captain Pestal, a rebel, who wrote it with
his chains upon the wall of his dungeon the night
before he was executed." Now that, he conceived,
was an improvement upon the plaintiffs' anecdote.
He had also another copy of Pestal, which was yes-
terday handed to one of the plaintiff's witnesses,
who stated that it was almost exactly the same ; and
he should prove that it was given by a gentleman of
the name of Jeffries to a Mr. Glover in 1842 or 1843,
in order that he might compose a song to the melody.
The anecdote prefixed to that copy stated that "the
air aas composed by Colonel Pestal, a rebel, who
scratched it with his chains on the dungeon wall the
night before he was executed in Russia. He would
further show that the air had been in existence nearly
twenty years, and that it was contained in the piece
called " The Prisoner's Dream." It was then next
alleged by the plaintiffs that the words of their song
had been slavishly copied by the defendant. He,
however, contended not only that there was no
general identity, but that it runs totally different from
beginning to end. The person who wrote the words
had never seen the words attached to the plaintiff's
copy. The defendant was next charged with copy-
ing the accompaniment to the song. Now, there was
no great merit in in writing an accompaniment, for
it was as easy to do that as to commit the alleged pi-
racy itself. The gentleman who wrote it would prove
that it was an accompaniment entirely invented by
him from a melody laid before him for that purpose.
The Learned Sergeant then submitted that there was
no greater similarity between the two than would 9*
cessarily arise from two composers being engaged la
preparing an accompaniment from the same melody
Then with regard to the title of the composition, they
would see that it was as old as the melody itself. It
was only known by the name of Pestal, when played
by the Artillery at Woolwich, and it was also the
name -prefixed to the MS. given by Mr. Glover to
Mr. Jefferies. The Learned Sergeant then submitted
that, upon these facts being proved by the evidence?
he should give, the defendant would be entitled to the
verdict of the jury.
The following witnesses were then:called.
Mr. W. Collins, the Master of the Royal Artillery
band at Woolwich, said the book A produced be-
longed to the regiment. He was well acquainted
with the air called " Pestal," and never heard it
mentioned under any other name. The band was in
the habit of playing it as many as seven or ten years
ago. They played an accompaniment with it; and
the accompaniment was almost note by note the same
as the plaintiff's. Has compared the plaintiff's and
the defendant's accompaniment together, and they
differed very materially from each other. The band
had played a Russian melody for twenty years, which
was nearly the same as tne plaintir "s.
Cross-examined---Never saw the air of " Pester
adapted to a song until the summer of 1846. Was
quite certain the first six bars of the defendant's ac-
companiment were not the same as Mr. Loder's.
Re-examined—Could not say who the author was
that wrote the music of " Festal," as played by the
band at Woolwich. His impression was that it had
been brought from some part of the continent of
Europe by one of the officers of the army.
Mr. Thomas Gilbert, who had been twenty-two
years in the cavalry band, said he copied the music
of " Pestal,'. which was used by the band, about
nine years ago, from a MS. provided by the then
master of the band.

Mr. Coombes, also one of the band, said, about
eight or nine years ago he copied, on the front of the
music used by the band, the following words, which
he obtained from a MS. This air was composed by
Colonel Pestal, who scratched it with his claims on
his dungeon walls the night before he was executed.
Mr. Glover, a composer of music, said, in August,
1843, he received from a young lady a MS. of the
music of " Pestal," together with the above anecdote,
and he requested his friend Mr. Jeffries to write a
song to accompany it.
Mr. Charles Jeffries said, he received by post the
MS. of the music referred to by the preceding wit-
❑ess. He published an edition of "Pestal " in Jan.,
1846, and the words somewhat resembled the " Pri-
soner's Dream." He preceded it by the anecdote
which he received from Mr. Glover. The plaintiff's
words as much resembled those of the " Prisoner's
Theam" as his own.

Mr. Charles Purday, brother of the defendant,
gave evidence to the same effect as the previous wit-
ncsses, with respect to the difference between the
plaintiff's and the defendant's compositions.
Mr. Wiliam Grantham, a musical composer, pro-
duced a M.S. of the accompaniments which he had
prepared for the defendant's edition of " Postal," and
sated that when he wrote it he had not seen the
plaintiff's copy.
Mr. E. J. Gill stated that he was the author of the
song attached to defendant's edition of " Pt star He
had not copied it from Mr. Loder's edition.
Mr. Henry Oakey, and other witnesses, were then
called, and they agreed in stating that there was no
greater similarity between the productions of the two
parties than would arise from their taking the same
melody as the groundwork of their compositions.
This concluded the case for the defendant.

Mr. Sergeant TALrouay replied at some length,
Mr. Justice CaEsswELL having summed up,
The jury found a verdict for the plaintiff, 40s,
damages, and stated that they found the similarity
betwee❑ the two compositions was not accidental but
designed, and that the defendant's was a colourable
imitation.

A verdict was then entered for the plaintiffs, with
leave reserved by the Learned Judge for the defend-
ants to move the full Court to enter the verdict for
the defendant upon certain points of law that arose in
the course of the trial.

BRISTOL SUGAR MARKET, Nov. 12.—The market
is improving, and a steady consumptive business is being
transacted at an advance of fully IE.. on previous rates.
—Bristol Mercury.
HALF-YEARLY PUBLIC EXAMINATIONS AT SAND-
HURST.—The usual half-yearly public examination of
the officers and gentlemen cadets studying at the Royal
Military College took place on Tuesday, Wednesdry,
and Thursday, before a collegiate board. At the close
of the examinations the following officers were presented
with the usual certificates of qualification:—Captain A.
Seton, 74th Foot ; Captain H. W. W. Wynn, 7th Foot;
Captain J. W. Fox, 13th Foot ; Lieutenant F. S. Dau-
beney, 44th Foot ; Lieutenant J. W. Doyly, 11th Foot.
tdaitnspFlaoyxe,d anh)d,
In consequence of tLathsteiiechapantir
usbpeencei ya.l inhotnhoerahriyghe s
bCt I;aaepntcaslitunepseSoreifto°mrna ttahanel edmn edonsficacainieCetnqncli lee)iya,r eornf Cent all
ad-
ditions were made to their certificates, and the high
qualifications in military surveying of all these officers
were also particularly noticed. And the following gen-
tlemen cadets, who had completed their qualifications
for commissions were recommended to his Grace the
Commander in. Chief for appointment to ensigneies in
the line without purchase :—Henry C. Wise, Richard
L. 0, Pearson, William 11. Newenhani, Julius G.
M. Strode, William R. B. M'Guire, llopton B. Scott,
Simpson Hackett, William T. Baker, John R. Turn-
bull, William Bell, Henry E. Jerome, Walter L. Ingles,
Augustus F. Smith, R. Carter, Charles W. St. John.
A GREAT UNKNOWN.—Some curiosity has been
excited in the musical circles at Paris by the report of
the approaching visit of a new singer from Russia. Sho
is said to have a most extraordinary compass of voice,
combining the most tender and agile soprano with the
lowest barytono. No ow has hitherto been able to dis-
cover who she is, or what tie country which has gircn
bh ee fro rbei rtt II .
e ESmhpee rhoars o sun
tgu s as
it a : thei Cn
botho
u
r t
of
cases,
buva
ie;r::
It is stipulatingthu s to se
that
psrheerve insistshe r features
i n
appearing
By some she is believed to be a noble Russian lady who
had been for years confined in durance vile by her hus•
band, who was married again ; by others that she is nit
Italian nun, escaped from a reigious lite to get a peer,
at this wicked world. Othersso have declared again that
wh ialthoughwhiteness,
s ,her e
ra 7:
face
Senegambia, which belief is mare ofbtheh most snow."
in wearing the domaailinliddo bhhoeoaoddare those of a negress of
very form of her head and throatv'.confirmedh ifcrhoconceals
seer observation.
evenopersistencen
ltheri
England she will immediately be suspected of being no
other than the pig-faced lady. She persists in signing
no other name to her engagements than that of La
Maschernta, by which she is already famous in many
parts of Italy.
THE CONVICT
ESTABLISHMENT AT WOOLWICH.---"
On Wednesday an enteute of a very serious character
occurred On board the Warrior convict hulk, which is
attached to the dockyard at Woolwich. It appears that,
in Consequence of the treatment of the convicts bein.
rather more severe than it had been previous to Ale.
Duncilmhe's inquiry, the prisoners refused to obey an
order that had been issued by the guards. One of ti:e
prisoners threatened to stab a guard, and the othtra
were almost in a state of mutiny.
D unr.ey.—We deeply regret to have to announce
the death of the Rev. Mr. Montgomery, the late respected
clergymanon Sunday
lamentedgentleman died
Borneo as a missionary. 'lfi
Towns' Messenger. who, was about to proceed to
day night, after about a fortnight's illness.—Teri.
tanledhg3itlhr. Sapedneete,prl)T.illntaelrle,:odt•
PUNISHMENT OF DEATH.—On Wednesday evening
a large and influential meeting was held in the Asseni..
named as
in which
bly•roogis, Maidstone, upon this important subject. eft
2 audience.
O tendedO
personaEandsg A.
a dlocal)fd
enrolledrLeosns eddon
theira,society wasnearly
members and sub.
scribers,