The Sun.
London, England, 1847-02-11 00:00:00

Cbtrb Vaition

SUN OFFICE, Seven o' Clock.

Mr. Justice ERLE and a Special Jury.)
QUEEN'S BENCH.—(THIS DAY.)
(Before
PIRATING COPY
—SOUTER V.
-BOOKEL DARNELL AND CO.
Sir Frederick Thesigesi
Watson,er and Mr. Ogle ap-
Peared for the plaintiff; and Sergeant Talfourd, Mr.
tbhye
he defence.ou
This was an irt
of
Knowles, Mr. Peacock,
stue directed t
hether a series
and
Mr.
Wthais
orrCenouforrt
fco -books which had
Chancery to try w
Messrs Darnell and Co., school-booksellers,
been published by
were or were not an infringement of a series of copy-books
called " Foster's Copybooks," of which the plaintiffs, Messrs.
school-booksellers in Fleet-street, are the
Soutar and Co,
proprietors.
The defendants had pleaded that " Foster's Copy Books" ,
were not original, that there was no novelty in them.
Sir FNVDERICIC THESIGER having opened the case, and
characterised it as one of considerable importance to the
scholastic community, the following witnesses were called to
support the plaintiff's case, that the invention was perfectly
original:—
Air. R. E. Branston, en engraver and printer, in St.
Andrew's-hill, Doctor's Commons, deposed that he had pre-
pared the plates for printing the copy-books of Mr. Foster,
and that he was engaged upon them several years, during
which time he was in constant communication with Mr.
Foster. The books comprised a system of teaching writing
from the earliest to the more aavanced stages. The plates
were for letter-press printing. He never saw any copy books
of a similar nature until they were brought to him by Mr.
Foster. 500,000 or 600,0CJ bad been 'minted. He considered
it a vetf great improvement in the mode of teaching writing.
The first series was published four years ago. First saw
Darnell's book about two yea's ago, and found it a copy of
Foster's system.
Cross-examined—Never saw faint lines printed in the
same way. Never saw pencil lines drawn by a master.
Mr. Law said he published the first series for Mr. Sonter,
in 1841; 450,000 of the whole series 'sad been sold up to
Christmas last. Alterations had been made from time to
time in the various editions.
Sir. William A itcheson said he had been actively occupied
in teaching writing for twenty years, and had examined
the various works end systems of writing which had
been published in this county, and in France,
Germany, and Span. Although he might have found
individual points in the various systems he examined, yet
he cud not find any entire system resembling Foster's, which
possessed the principle of ge;ding the pupil, by light lines, of
frequent repetitions, the esaduel withdrawal of the ex-
amples, and the application of diagonal lines, denoting the
size, shape, and slope of the letters; diagonrl lines had
been used in former systems, but only equi-distant
across the page, but they would not guide the pupil
as to the proper (balances of the different pails of the letters;
there were also alternate tracings or lines leaving blavks for
the pupils to till up.
In cross-examination a number of systems on the tracing
principle were submitted to the witness. lie admitted that
they evinced the principle of diagonal lines, and lines to
guide the formation and size of the letters, with alternate
tines. The witness was cross-examined at great length on
the book published by the defendants and the books pub-
lished by the plaintiffs. It appeared that the defendants'
book diu not follow the other so nearly as to come under the
defieition of a fac simile, so far as the course of the examples
Was concerned.
Re examined—The great novelty of Foster's system W 25,
that the lines compelled the pupil to make the letters pro-
perly—neither too large nor too small. It might be defined
as a combination, into a practical system, of alt the im-
provements that had been made from time to time. The
systems of Nally, Fergu _on , and Well (on which the witness
was examined) were not much used in school..
Mr. Josh. Hill, a schoolmaster at Lrentford, and the Rev.
Thomas, head writing-master of Christ's Hospital, spoke
to the great value of Mr. Fostei's system—especially the
elementary portion, the first; but they considered the system
a compilation of elements which had previously existed.
Darnell's was a copy, as nearly as possible. They thought
Foster's diagonals, denoting the exact shape of the letters,
was a very important peculiarity. The same thing was in
Darnell's copy-books.
Mr. Foster himself stated that he had been engaged in
teaching writing during the last twenty years; that he had
travelled over the continent and America, teaching t' id in-
vestigating in his progress the various systems of teaching
which prevailed in the parts he visited.
Mr. Sergeant Ts evounn then addressed the juts, for the
defendants, and contended that the copy-books of Dir. Foster
contained no new invention ; that the system of tracing the
characters in faint lines had been pursued by vs.
hoes teachers for years; that it had even been sug-
gested by Locke ; and would the jury, by a verdict
for the plaintiff, set tip Mr. Foster as the universal
teacher or writing, as the great inventor of an entirely new
d oguebt
th e
it
wet; publis
hed
int hp ee r
ti
amnpe
em vteom n
styostem, when it had been shown that he had simply gathered
s
i
Mr.
Foefs
toetrh etros .
geta
favoveable verdict, and to exclude others from following
up and acting upon the sug • gestion of Locke, who
said the proper way to teach a boy writin
the master tracing the characters in faint g was
red i^ by
k
Foes. Mr. Foster, and those who had preceded h'l
had done nothing more. He trusted they would not to him
forget their duty as to state to the world that Mr. Foster war
entitled to be considered as the inventor of this system Of
writing. The Learned Sergeant concluded a powerful address,
by submitting that their verdict would be for the defendant.
Witnesses were called for the defence, and the casewes ad-
jotu aed until toemorrow.

EXCHEQUER.-(THIS DAY.)

WAKLEY P. COOS.

This was an action brought by Mr. Wakley, M.P., for
Finsbury, and coroner for the county of Middlesex, against
the proprietors of the Medico? Times, to recover compensation
in damages for the publication of a libel in their journal
seriously affecting the professional and private character of
the plaintiff.
The Attorney-General with whom was Mr. Bramwell,
appeared for the plaintiff; Mr. Cockburn, Q.C., Mr. Lush,
ana Mr. Healey, on the part of the defendant.
The Arran:es:se GEOPMAI, in opening the case calk] the
attention of the jury to the serious nature of the libel in
question, and proceeded to read the same. The libel is
question was contained ins a letter addres. ed to the editor of
tne Medical Times and sigaed " Vindicator," headed a pro-
posal for !Ir. Wskley's trial by a jury of gentlemen.
The object of the letter, as the writer of the letter stated, was
"to free a worthy inau from hideous accusations, or sever
from a high-minded profession a gangrenous member, peril-
ous to its safety." The letter went en to state that it would
not impair his arguments to admit that the reputation of the
plaintiff had bees so far trodden under foot, that while on
the one baud it could be cleansed, if redeemable at all, only
by a vigorous effort, his utility and comfort of conscience on
the ether are gone for ever if that effort be not nude and
successfully. Befoulment has so far eaten into his name, that
had he the best of desires and greatest of energies, it would
kill both. A moral leprosy encrusts it each day, spreading,
which repels each good, and keeps aloof each prudent man.
True, the talent may be only imaginary, but public opinion
gives vigour to the hypothetical virtue, and makes it as
deadly to himself and those around him as though it were
real. The fatality of public opinion— even, alas! if errone-
ous—offers him abroad asocial lazar-house, alike infected and
infecting, touching once and tainting for ever! The London
College Hospital was in its origin a glorious affair. It had
everything in its favour but one—the hostility of Mr.
Wakley. lie, unfortunately, gave it his support, and it
perished. He lost his battle, his companions their honour.
By blunder, or crime, or doom mysterious, each associate to
this day has imputed to him imposture or vagrancy. The
accounts were not finally balanced, wherefore honourable men
were looked on as felons. A breath bears evidence of aims,
when corroborated by acquaintanceship with Wakley. The
British Medical Association followed. The same history, the
same end! If Wakley could not raise it he generously
lent it, when raised, his name. It glistened under the
light of his sickly radiance, throwing off like snow under a
tropic sun. The treachery of the one faculty-scheme fol-
lowed other schemes to ruin, bill, bill, to ridicule; member,
member to secession, till all that is now left of the once-in-
fluential society, is a hybrid and apothecary of Dui,
with, prefigured end described by Pope ;
" Eternal smiles his emptiness betray,
As shallow streams run dimpling all the way,
Whether in florid impotence he speaks,
And as the prompter breathes the puppet speaks."
He is of the British Medical Association, the mutilated tail
still left to tell, that once Kilkenny cats—and dogs—dwelt
there. Last came the Medical Protection Association. I saw
with wonderment how suddenly in power, and wealth, and
wisdom, this young society—obeying your call—sprang to
being. It was born a man. It sprang as from the brain of
dove, another Minerva,instinct with might and beauty. A
multitudinous meeting, at three days' call, startled British
medicine from her seat, and the world asked what shalt it be
...this new-born giant ? Surgeons and physicians the
proudest, bent their steps towaeds the threshhold—tho new
popular shrine offered more promise than the old corporate
idols; funds-flowed in ; prosperity for once, in medical agi-
tation, seemed our captive; but Wakley crept into tha para-
dise; and,

At the ear of Eve, familiar toad,
Half froth, half venom, spit himself abroad."
Bullying the equivocally placed, darting venom at the timid,
bending the indigent with dishonoured tread, the nobly
ambitious with frothy hopes, he estranged in disgust the
respectable, and enhanced the not stranger fate of a bad
name: The more he paid, the less he purchased ; the more
he toiled, the less he did—he worked but to injure, to ruin.
Hit breath was a killing pestilence—honour, weelth, cha-
racter, association—all have gone! Surely, the name of in-
famy is as a greedy maelstrom, insatiate, bottomless. . .
The unfortunate infamy of his repute left him without an
opinion of his own. His low character made him low
The very bread of his public life depended on his taking the
olownsbip to any medical company that would engage him."
In the same strain the letter was continued to a great length,
filing nearly three columns of the Medical Times. For the
publication of this letter an action was brought a short time
since, and a verdict returned for the plaintiff, with damages
Mt At the conclusion of the trial, a leading article
WAS written upon the trial, containing also a quantity
of libelous matter affecting the character of Mr.
Wakley, and it was the libel contained in the article
in question, published on the 28th of June, that the present
action was brought. The Learned Attorney General,
Toe forcible and eloquent speech, called the atten-
ILn. of the jury to the serious nature of the libels in question,
'um called upon them, hi the exercise of their duty, to show
their strong sense of reprobation upon the publication of such
a libel. •
Evidence having 1--
Medical put. in as to the publication of the
Tones, and
eluthe purchase of the paper, containing
the libel, by
Mr. COCI(BURK
torne, .erk to
the attorney of Mr. Wakley,
L earned At
in addressing the jury, said that the
y-Geueral had addressed them with the
greatest grandiloquence,
with feelings of indignation
which he really could nomta:lileeltpthinking, with all respect to
his Learned Friend, was asuined for the occasion, for
the parpos, of saving the plaintiff
ll43mronlist say, that the present
evitahly thrcatcred him. from the defeat which in-
action was one of the
had ever known to be brought hetmtera
acted most
the case.
contemptible that he
of law. His Learned Friend time any court
verdict
unfairly to him in his mode of eonductwiruc
Ile hail commenced by reading the libel for
of 150/. had been already returned, but his Learrhiead
bad declined to read the whole of the document in question.
The first libel was contained in a report of the trial, printed
in the Medical Times, but not one word of that report had
been read to the jury by him.
The ATTORNEY-GEN BRA L••-i must object to that being
read, unless it is given in evidence.
Mr. COCKBURN.....it is from the same
.document as you read
from, and I insist upon readinglt,
it i and it
shalll
be read.
a
The ArroasEY••GENERAL—f s read, must have
reply.
Mr. COCKBURN—I can assure the jury, that, in the con-
duct of the case bf my client, I will not allow the instruc-
tions given to me to operate upon me as my Learned Friend
has done, who has poured forth the foulest tr.alignny upon
the defendant.
The Arrow= Gzizataii—l must object to having any