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

NAVAL INTELLIGENCE.
THE COAST OF AFRICA SQUADRON.
;PORTSMOUTH, Nov. 13.—The Waterwitch, 8,
Commander T. Francis Birch, arrived at Spithead
yesterday morning from the west coast of Africa sta-
tion, where she had been engaged in the suppression
of the slave trade, chiefly on the Kabenda station.
She is last from the island of Ascension, which she
left on the Ist ult., at which time the Tortoise store
and guard-ship, aptain Hutton, was the only man-
of-war at the island. The Commodore Sir Charles
HA,-stham, K.C.8., in the Penelope steam-frigate, was
tmu
at KTebenda, together with the Heroine, 6, Com-
mander 26, Captain Manse], second in com-
mand,The o Win,n
d dswas at egt. Paul de Loando at the above date,
and had just previously taken a fine prize, with about
300 slaves on board.
The Styx steam-sloop, Commander Chads, was off
Congo; all well.
The' Flying Fish, 12, Commander Dyke, had gone
to St. Helena.
The Hound, 10, Commander Wood, was off Cape
Lopez ; all well.
The Contest, 12, Commander M'Murdo, was off
Mayumba Bay.
The Ferret, 8, Commander Spigg, was off Banda
Point.
The Ranger, 6, Commander Anderson, had relieved
the Flying Fish at Benguela.
The Grappler iron steam sloop, Lieutenant Com-
mander Lysaught; the Bittern, 16, Commander
Hope ; the Kingfisher, 12, Commander Horton ; the
Devastation steam sloop, ommander R. C. Mitchell ;
the Albratoss, 14, Commander Farquhar ; andethe
Snap sloop victualling tender, were in the Bights;
the latter had been armed with one of the Water-
witch's guns, and papers by the Commodore, and
put upon the establishment of the slave cruizing
squadron.
The Philomel, 6, Commander W. C. Wood ; the
Favourite, 18, Commander Murray; the Rolla, 6,
Commander Ellicombe ; the Rapid, 10, Commander
Dixon, were at the Gallinas, or on the Sierra Leone
station.
The Britomart, 10, Commander W. C. Chamber-
lain, on her passage from England, had not arrived
upon the coast when the Waterwitch sailed.
The Dart brigantine, Lieutenant Commander E.
A. Glyn, had arrived at Ascension prior to the Water-
witch sailing thence, and had gone to report herself
to the Commodore.
The squadron generally was exceedingly healthy.
The cruizers had been very fortunate in captures in
the Bight. The Contest had taken two recently in
those waters. Ascension was particularly healthy ;
water and turtle were plentiful. The Waterwitch
has been especially vigilant in the search and capture
of slavers, of whom she has taken twelve, and 1,060
slaves on board of them. Lieutenant Payne, late of
the Heroine, has come home by Admiralty order, and
Lieutenant Carmichael from the Devastation, inva-
lided. The Waterwitch has been very healthy all the
time she has been out, only having lost one man by
sickness on board. She has proved hersellf a fast
sailer and an excellent sea boat. Mr. White, of
Cowes, bulk her, and she was a member of the first
experimental brig squadron of 1844. She has gone
to Sheerness to be paid off.
The Comet steam-vessel, Lieutenant-Commander
Rigge, sails this day for Lisbon with dispatches and
supernumeraries for Sir Charles Napier, &c. Captain
Bruce goes out in her to join the Queen, and Com-
mander Little to join the Caledonia.
The Beretta Junior transport, Lieut. W. Thomas,
agent, returned from Cowes to Spithead last evening.
An accident having occurred on the Dover packet
station, by which the Garland steam-vessel, Mr. Luke
Smithett, Master Commanding, has been disabled,
having been run into; the Undine steam yacht,
Master Commanding George Allen, was ordered from
this port to supply her place pro tem., and sailed yes-
terday at noon accordingly.
The Sinbad lighter sailed yesterday with stores
for the eastern yards.
The Birkenhead steam transport, Commander A. H.
Ingram, having at last, after seven weeks' labour,
been refitted for service, sailed to-day for Plymouth,
to be employed in the transport of troops.
The Helena, 16, and the Frolic, 16, have been re-
moved from the basin, and the Prince Regent and the
Retribution will be also removed as soon as the tides
will admit, in order that the experiment of docking
the Terrible may be tried.
His Highness Prince Callimaki will accompany
his Excellency Suleiman Pacha, Ottoman Ambassador
at Paris, in a visit to this dockyard and the Govern-
ment establishments at this port to-morrow. They
are expected here about half-past one, and will be
accompanied by the Ottoman Consul-General.
The following are the appointments of the past
week :
Captain—G. F. Rich, to the Vanguard, vice Wa-
les, deceased.
Commanders—G. Kenyon, to the Cygnet ; Lord
A. Baauclerk, to Stromboli.
Lieutenants—The Hon. A. A. Cochrane, to the
Terrible; C. R. Bomber, to the Victory; F. Go-
denge, H. F. Mills, W. Creek, R. Ward, T. Bridges,
and A. Grose, to the Blenheim ; W. K. Jolliffe, to
the Cygnet ; Waiter J. Pollard, to the Penelope;
Thomas Davies and Henry Harvey to the Strom-
boli ' • J. R. Thompson, to study at the steam factory,
Woolwich; Thomas Tribe, to the Coast Guard;
William Bowden, to the Gladiator.
Masters—S. S. Flinn, to the Blenheim ; T. B.
Wells, Acting, to the Cygnet ; W. J. Wood, to the
Coast Guard.
Pursers—R. H. Goddard, to the Blenheim ; S. J.
Spark, Acting, to the Rapid ; Edwin M. Stone, Act-
ing, to the Stromboli.
Chaplain—G. R. Lewin, to the Blenheim.
Surgeon—Hugh Jameson, to the Blenheim.
Second Masters—W. P. Heins, to the Porcupine;
H. J. Josephson, to the Birkenhead ; W. Turton,
Acting, to the 211 wander; C. J. Pulfer, Acting, to
the Prospero; E. Youell, to the Oberon.
Clerks—R. Curgenven, in charge, to the Comet;
11. F. Kirkham, A. Arlington, and C. J. Webb, to
the Blenheim ; N. Giles, to the San Josef.
Assistant Surgeons—W. C. Patrisk and J. C.
Ingles, to the Victory ; J. C. Murray and H. Loney,
to the Bittern ; H. D. Scott, to the Columbine ; H.
Arnot, to the Scout; Arthur Adams, to the Fisgard;
J. Henderson to the. Ocean ; J. Muirhead, to the Fly ;
E. Adams, to Plymouth Hospital ; R. Q. Scott, to the
San Josef.
Midshipmen—W. D. Garland and John Bushell, to
the Fly ; E. Smithett, to the Grampus ; and E. Deli-
son, to the Stromboli.
Naval Cadets Alexander Macdonnell, to the
Acheron ; Philip Patrickson, to the Fly ; W. M.
Crawford, to the Terrible ; W. Parry, to the Trafal-
gar ; Oldmixon, to the Queen ; Charles Hemsted,
to the Stromboli ; J. F. Lenon, to the Asia.
Masters' Assistants—G. H. Burney and Edward
Smy the, to the Blazer; Charles M. Palmer, to the
Mwander ; '.l'. C. Jones, to the Birkenhead.
Piormou'rn, Nov. 12. Her Majesty's brigantine
Dolphin, 3, Lieutenant-Commander the Hon. Robert
F. Boyle, arrived here yesterday from Portsmouth,
and anchored in the Sound.
The merchant schooner Flora, of Exeter, Captain
W. Pearce, which came in yesterday with wine and
oranges for Plymouth and Exeter, left Oporto on the
.sth instant. Her Majesty's steam-sloop Polyphemus,
Commander James M'Cleverty, and a French gun-
nery frigate, were lying in the Douro. Political
animosities at Oporto have ceased, and business has
resumed its wonted course. There are about thirty
or forty English merchant vessels in the port.
Freights 40s. per ton for London. Wine trade brisk,
prices range high. Oranges 7s. to 7s. 6d. per box.
the grain crop in the neighbourhood is indifferent.
The barque Lady Peel, of Falmouth, Captain
Johns, which left Quebec on the 14th of October and
arrived yesterday, spoke the Lady Milton, of Liver-
pool, on the 16th of October, off Cape Cattie, bound
to Quebec, and on the 6th inst., passed the barque
Cambria, of Gloucester, dismasted, waterlogged, and
abandoned.
Nov. 13.—Her Majesty's brigantine Dolphin, 3,
Lieutenant-Commander the Hon. R. F. Boyle, which
put in yesterday, last from Portsmouth, bound to the
coast of Africa with dispatches, has received so much
damage that she is obliged to go into harbour to make
good defects.
Her Majesty's steam-vessel Tartarus arrived from
Portsmouth yesterday, on her way to Malta with
supernumeraries for the squadron under Vice-Admiral
Sir W. Parker.
Her Majesty's ship San Josef, 110, Commander
Hall, is to be paid off, and will be re-commissioned
by Captain Sir Henry Leeke for the Flag of Admiral
Sir John West.

There are belonging to the various clubs 621
yachts, measuring 29,250 tons, and manned by 4,430
men besides 800 masters and stewards.
USELESSNESS OF HONG-KONG.-ISt. It can never
be a colony, by reason of its limited sirs (eight miles
long by two to four in breadth), rocky, barren structure;
incapability of producing any of the necessaries of life,
for the consumption of even one day. 2d. It cannot
ever• be a commercial emporium, by raison of its bad
geographical position, distance from any populous or
productive territory ; by the poverty and piratical'
character of its inhabitants; and the absence of all inc-
port or export trade of any kind, after six years' occu-
pation, and an expenditure amounting to several millions
stkrling.—Montgomery Martin's China. ,
.1,1), e,
Professor
rd.
t.t:ea
rvii :
Mr. Charles Grey, of the Treasury, one of the,
secretaries to Lord John. Russell, has gone for the benefit
TIOCNADNVE
on:10e
s
wr.:y
_Osbiire72/er.
of his health, with his family, to Malta, where he will
.nrusEIIIENT.]—NERVOUS DEBILITY, INDICES-1
tract of aplttrerNriros 01 SPlarrs CURED BY HOLLOWAY'S PILLS,—E%-,
m -Ir. Iledcalf, of Beverley t---, June 17, 1847..
with indige.uon
'and •ft, - . For six years I have been troultled
termed the nighttnare rvousness, causing a complaint commonly.
bed for weeks together' requently so severe that I dared not go to,
in the medical professio'n without advice
from the, most proficient
out from it in its worst stage I any good result. When suffering!
trial ; by their use I am noww"u prevailed upon to give your pills ai
life, nor enjoyed sounder healgth,,, e wsn't\A I never slept better in my.i
rIVIVSSOr J.4IIOIVSY'iI establishment, iii-, 't.raaa, Limn. mats,
"4:
41

LAW INTELLIGENCE.
VICE-CHANCERY CUIMP, Nov. 13.
(Before the VICE-CLIANCELLOR 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. BETLIELL, with whom. was Mr. SOUTHGATE,
dcttailed the above facts.

His HONOUR granted the injunction.

EXCHEQUER CHAMBER, Nov. 13.
(Sittings upon Crown cases resumed before Lord
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
vc nwith intent to defraud
indictment contained ten counts,
RailwaythTeCompany,hprisonere
with the utterance of 80
forged instruments, the only edeehsrt sec
rha persons.rgi
n g
y 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 teas 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
51. 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 are 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 arid 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. PURDAY.

The trial of this action, which was brought to
recover damages for the alleged infringement of the
copyright of a musical composition called " Festal,"
was resumed this morning.
Mr. Sergeant BYLES, for the defence, said the de-
fendant (Mr. Purdy) 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 imitati ea 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 book was in these vv,oardsr:e --e" This
who" This waswairro tei t with
com-
'iinetPie wallestal of his dungeon the night
hispo com-
posed
chains by C
uponap t
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; 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 was composed by Colonel Festal, 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,
h
only that there was no
general it runs totally different from
oweveri,dentity contended,but t
h nota t
beginning to end. The person who wrote the words
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
subm submitted that,
the uponthvaetr,dictof these
ufrayc.ts being proved by the
evidence he should give, the defendant would be en-
titled 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
" Festal," 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 " Festal"
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 " 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 Pests], who scratched it with his chains on
his dungeon walls the night before he was executed."
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