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

COURT OF COMMON PLEAS, Noy. 12.

(Sittings at Nisi Prius at Guildhall, before Mr,
Justice CRESSWELL.)
LODER AND ANOTHER V. PURDAT.

This was an action to recover damages from the
defendant for publishing a certain musical composi-
tion, called " Pestal," of which the plaintiffs claimed
the copyright.
Mr. Sergeant Talfourd and Mr. Petersdorff con-
ducted the plaintiffs' case, and Mr. Sergeant Byles
and another Learned Gentleman appeared for the
defendant.

The defendant pleaded, Ist, not guilty ; 2d137, that
there was no such copyright as alleged in the decla-
ration ; and, 3dly, that the plaintiffs were not the
proprietors of the copyright of the said work.
I rom the statement of Mr. Sergeant TALFOURD, it
appeared that the plaintiffs were Messrs. Cocks and
Loder, musical publishers, 63, New Bond-street,
and that this action was brought for the purpose of
vindicating their right to obtain compensation in
damages against Mr. Purday, who is also a
musical publisher, carrying on business in St.
Paul's-churchyard. The question to be submitted
to the consideration of the jury arose out of the
publication of a song and its accompaniments, called
"Pestal." It appeared that a gentleman of the name
of Bellamy, who was possessed of considerable musical
taste, had had his attention directed to the MS. of a
song of great beauty in the possession of his wife,
Mrs. Bellamy, and as it had never been published, he
thought it desirable that it should be made known to
the world. He accordingly composed some poetry,
which he adapted to the air, and preceded the music
with a kind of anecdote. He supposed it to be com-
posed by a person of the name of Pestal, who figured
in Russian history as a strenuous advocate of reform, in
opposition to the despotic power in that kingdom,
and for which he was executed at Moscow in the
year 1826. The song was afterwards corrected and
revised by Mr. Charles E. Horn, and that gentle-
man assisted Mr. Bellamy in arranging the musical
accompaniment to it, so that it might be presented to the
world in its present form. On the title-page of the Work
the following anecdote, previously referred to, was
printed :—" The ill-fated' individual, who bore the name
of Pestal, having rendered himself obnoxious to the
Russian Government, was imprisoned and condemned
to death. A few hours before his execution he com-
posed, and scratched on the walls of his dungeon,
the following exquisite air, the touching melody of
which, added to the circumstances under which it
was written, have suggested the words which will be
found on the other side." The melody in question
was sold by Mr. Bellamy to the present plaintiffs in
October, 1844, for the sum of five pounds ; and
shortly after its publication it became so popu-
lar that between 11,000 and 12,000 copies were
sold by May, 1845, and the plaintiffs were
induced to have it arranged as a duet for two voices,
and also as a waltz and a march. In the present year
the plaintiffs found a great falling off in the sale of
the work, and they subsequently ascertained that it
had been pirated by the defendant ; and, indepen-
dently of the piracy, the plaintiffs' work was so
closely imitated that the one might be easily taken
for the other. The Learned Sergeant, after detailing
the circumstances at some length, concluded by call-
ing the following witnesses :
Mr. Bellamy examined—He said he had been for
some time connected with the musical world, and
had written several musical compositions. He became
first acquainted with the air in October, 1845; he was
attracted by its extreme beauty on hearing it played
on the piano by Mrs. Bellamy. Mrs. Bellamy told
him that it was an air called " Pestal," which she
had had copied from the manuscript of a friend. At
her request he wrote the words of the song to the
melody, and then requested his friend, Mr.
Horn, to arrange an accompaniment to it,
which he did. He afterwards published it at her
request. The name " Pestal," the anecdote at the
commencement, and the mode in which it was
printed, were entirely suggested by him. He
assigned over the copyright of the song to the plain- '
tiffs in October, 1844. The MS. produced was the
one sold to the plaintiffs. About two or three
months back he first saw the work published by the
defendant. The arrangement of the air differed in
some respects, and the words were not an exact copy
of the original, but altogether it was a close imitation.
It was printed in the same style and manner. The
anecdote on the title-page was much shorter.
Cross- examined by Mr. Sergeant BYLES-A copy
of the original air was given to Mrs. Bellamy by a
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