The Sun.
London, England, 1847-11-15 00:00:00

LAW INTELLIGENCE.
VICE-CHANCERY COURT, Nov. 13.
(Before the VIOE-CITANCELLOR of ENGLAND.)
GLENNY V. LLOYD.

The plaintiff in this cause was, until the end of
June last, the proprietor of a monthly publication
celled the horticultural Magazine, which he then sold,
reserving to himself the copyright of a number of
articles which had been written for, and published in,
his work. The defendant is the publisher of a cheap
weekly paper styled the Gardener, Florist, and Agri-
culturist's Newspaper, and appears to have printed in
it some of the plaintiff's articles. One especially, on
the tropeolum, was reproduced almost verbatim by
the defendant in his journal of the 6th instant ; the
plaintiff thereupon filed his bill for an injunction to
restrain this piracy, and a motion was now made for
an order to this effect.

Mr. BETIIELL, with whom was Mr. SOUTIIGITE
detailed the above facts.

His HoNouß granted the injunction.

EXCHEQUER CHAMBER, Nov. 13.
(Sittings upon Crown crises resumed before Leal
Denman, the Chief Justice of the Common Pleas,
the Chief Baron, Mr. Baron Parke, Mr. Baron Al-
derson, Mr. Justice Coleridge, Mr. Justice Colt-
man, Mr. Justice Maule, Mr. Baron Rolfe, Mr.
Justice Wightman, Mr. Justice Erle, and Mr.
Justice Williams.)
THE QUEEN V. HORATIO NELSON WEST.

According to the statement in this case, the priso-
ner was tried before Chief Justice Wilde at the
Central Criminal Court on Saturday, the 19th June
last, and found guilty of uttering ten forged instru-
ments, purporting to be scrip certificates of the South-
Western Railway Company, with intent to defraud
divers persons. The indictment contained ten counts,
each charging the prisoner with the utterance of 80
forged instruments, the only distinction between
the counts being in the description of the
instruments, and in the name of the person to
be defrauded. It was proved upon the trial that
it was determined by the company in November,
1846, to create a number of new shares, and
that a Bill was pending in Parliament relating
to such new shares ; that the new shares had been
allotted to the old proprietors ; that the course pur-
sued in relation to the new shares was this—
that letters were written to the old proprietors,
giving them the option of subscribing for the
new shares, and that new shares were accordingly
allotted to such proprietor as desiredit, the allot-
ment being intimated by a letter to the pro-
prietor, who was required therein to pay a deposit of
Si. per share to the banker of the company. The pro-
prietor took his letter of allotment to the banker, and
paid his deposit of 51. a share accordingly, and the
banker gave a receipt for the amount paid, and also
signed the letter of allotment as a voucher that the
deposit had been paid. The proprietor then took the
letter of allotment, so signed by the banker, to the
office of the company, and there received in exchange
an instrument signed by two of the directors in the
form of the eighty instruments, which arc the sub-
ject of this indictment, and which instruments were
denominated scrip, and the instruments proved
to have been uttered by the prisoner were
the same in form and contents as such
scrip. It was further proved that the posses-
sion of the scrip was the only proof required by the
company of the title of the holder and of the payment
of the deposit. At the close of the case for the pro-
secution, the prisoner's Counsel objected that the
eighty instruments uttered by the prisoner did not
come within the description of those mentioned in the
statutes of 2 Geo. IV. and 1 Will. IV., c. 66, S. 4,
10, and 26, and that the utterance of them was not
an offence within the statute. The question was re-
served for the opinion of the Judges.
Mr. Ballantine now appeared to argue the case on
the part of the prisoner, and was followed by Mr.
Hill on the part of the Crown. At the conclusion of
the argument,
Lord DENMAN said the Court would sit next Satur-
day at three o'clock, to hear Mr. Ballantine's reply.

COURT OF COMMON PLEAS, Nov. 13.
(Sittings at Nisi Prius, at Guildhall, before Mr,
Justice CRESSWELL.)
LODER AND ANOTHER V. FURDAY.

The trial of this action, which was brought to
recover damages for the alleged infringement of the
copyright of a musical composition called " Pestal,"
was resumed this morning.
Mr. Sergeant BrLES, for the defence, said the de-
fendant (Mr. Purday) had never before been charged
with pirating the copyright of any person, and in the
present case he was confident that he should clear his
character from any imputation, if the jury would
give the statement he should make, and the evidence
he should produce, the favourable consideration with
which he was satisfied they had heard the case
of the plaintiffs. It had already, he presumed,
been proved almost beyond dispute that the
melody, or air of " Festal," to which the words and the
accompaniment were adapted by the plaintiffs, was
not a matter of copyright. The statement of the
plaintiffs counsel, therefore, that the melody was a
mere stray thing about the world when Mr. Bellamy
adapted it to a song, was entirely incorrect ; and he
should show that for many years it had been known
by its present name, and was arranged precisely in
the same key and on the same notes. It was alleged,
as one reason for accusing the defendant with piracy,
that he had made a colourable imitatbn of the title
page 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 was
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 in
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
" Festal" 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 then
played. The anecdote which preceded the music in
the hook was in these words :—" This air was com-
posed by Captain Festal, 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 Festal, which was yes-
terday handed to one of the plaintiffs' witnesses,
who stated that it was almost exactly the same ; anu
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 was 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,
owe,l- er ,contended only that there was no
general
runs totally different from
beginning to end. The person who wrote the words
identity,
but that not
it.
had never seen the words attached to the plaintiffs'
copy. The defendant was next charged with copy-
ing the accompaniment to the song. Now, there was
no great merit 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 ne-
cessarily arise from two composers being engaged in
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 " Festal," when
played by the Artillery band at Woolwich, and it
was also the name prefixed to the MS. given by Mr.
Glover to Mr. Jeffries. The Learned Sergeant then
submitted that, upon these facts being proved by the
evidence he should give, the defendant would be en-
titled 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 plaintiffs'. Had compared the plaintiffs' 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 the plaintiffs'.
Cross-examined—Never saw the air of " Pestal"
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 " Pestal," 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 " Festal," 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 chains on
his dungeon walls the night before he was executA."
Mr. Glover, a composer of music, said, in August,
1843, he received from a young lady a MS. of the