The Sun.
London, England, 1848-07-10 00:00:00

Weak 0,1
Last a. a;
ending NAME OF RAILWAY. week. E
July - Aberdeen .. •• . • .... ••••.. • • • • •• • • -
2 Amiens and Boulogne . • •
- Arbroath and Forfar •••••••• • • • • • • • -
- Chester and Birkenhead .•••••• • • • • • • - 758
1 Caledonian. ........... ... ••••• • • • • 4,140 -
- Chester and Holyhead. ••..•••• • • • • • • -
1 Cockennouth and Workington.... •• • • 156
Dublin and Drogheda. • • • • • • ••• • • • • • - 1,028
4 Dublin and Kingstown ••••••- • • • • • • • 1,635 1,616
1 Dundee, Perth, and Aberdeen •••• • • • • 986 -
2 East Anglian.... •••••••••• • • • • • • • • • • 848 -
1 Edinburgh and Glasgow .••••• • • • • • • 3,125 3,386
1 Edinbnrgh and Northern •••••• • • • • • • 1,394
2 Eastern Counties and North Eastern • • 15,840 14,446
1 East Lancashire
June 25 Eastern Union .• .•••• • • • • • •••• • • • • 1,302 1,065
- Glasgow, Garnkirk, and Coatbridge... -
July 1 Glasgow, Kilmarnock, and Ayr • • .• 2,102 2,652
1 Glasgow and Greenock ••••• • • • • •• •• 1,217 1,380
1 Great Southern and Western •• • • • 2,656 1,742
-- Great Western, &c • • 22,544
1 Kendal and I,Vindennere......... 199
Lancashire and Yorkshire......- •• . • 10,300 9,408
June 30 Lancaster and Carlisle • ••••• •• • • 2,263 1,460
- Leeds and Thir5k............. •• -
July 1 Londonderry and t nniskillen 154 139
2 London and North Western, &c. ..... 45,845 45,156
- London and Blackwall ...... ........ - 1,436
1 London and Brighton ... ••• • . 9,956 9,694
2 London and South Western ......... 10,521 10,198
1 Manchester, Sheffield, and Lincolnshire 2,554 2,291
2 Maryport and Carlisle • 758 -
1 Midland, Bristol, and Birmingham.. 20,840 20.647
2 Midland Great Western (Irish) ••• • .. 1,037 -
Newmarket
-
1 Newcastle and Carlisle ••• • • • .... 2,616 2,615
1 North British .. •••• • • • • 2,013 1,964
June 24 Paris and Rouen ...• • ..
24 Rouen and Havre .. • • 1,684 3,013
July 1 Scottish Central • • ............ • ... . 804 -
2 Shrewsbury and Chester
1 South Eastern and Branches
June 30 South Dev0n........ . .............. 1,617 845
July 1 Taff Vale .......................... 1,570 1,457
753 791
2 Whitehaven Junction 198 222
- Wishaw and Coltness ............. -
1 York and Newcastle . .............. 11,869 10,196
I York and North Midland.... ..... 8,275 7,324

LAW INTELLIGENCE.
COURT OF COMMON PLEAS, July 8.

(Sittings at Nisi Prius at Guildhall before Mr. Justice
WiLumus and a Special Jury.
DAVIDSON V. BORN.

This was an action on the case, brought by the plain-
tiff, a bookseller and publisher, against the defendant,
who is in the same line of business, for the infringement
of an alleged copyright in the words of the songs, " Said
a smile to a tear,' from the comic opera of False Alarms,
or, My Cousin ; " Home, sweet home," from the opera
of Clari, or the Maid of Milan ; and " Fill, fill, till the
glass runs o'er," from the English version of Der Frey-
schutz ; and in the right to set music to these songs.
The defendant put a great variety of pleas on the
record.

Mr. Sergeant Channel], Mr. Lush, and Mr. Scotland
appeared for the plaintiff ; and Mr. Sergeant Talfourd,
Mr. Sergeant Byles, and Mr. Bovill for the defendant.
On behalf of the plaintiff, it was shown that before
the late Copyright Act came into operation, the
words of the two first songs had been published in
Cumberland's British Theatre, and of " Fill, fill,"
&c., in the libretto of Der Freyschutz, and the
ownership in these two works was proved by
certified copies of entries in the registry of the
Stationers' Company to belong to John Cumberland,
who had assigned it to the plaintiff. It was also shown
that in March, 1846, the defendant had been cautioned,
by letter, by the plaintiff, not to infringe his copy-
wright; and likewise in tke following April, by means
of a printed circular, which was left at the defendant's
shop.
A copy of the work published by the defendant,
called the " Musical Gem," which contained the words of
the songs in question put to music, was put in, and
proved to have been bought from the defendant.
Several legal objections were taken to the plaintiff's
case, and reserved for the Court in Banco.
The defendant's case was, that James Kenney was the
author of the words of " Said a smile to a tear," which
was published in 1807, and was assigned by him in the
following year to Messrs. Longman and Co., without
any formal deed or memorandum. Braham composed
the music to this song ; and both the music and
the words were published with Kenney's tacit as-
sent. He assigned his right by deed in 1815, and also in
1844, to D'Almaine and Co. John Howard Payne was
the author of the words of " Home, sweet home," and
Sir Henry Bishop set it to music ; which he adapted
from a Sicillian air. The words were first published in
1823, by John Miller, who had purchased Payne's
interest ; and who sold his right to them to Chris-
topher Harris, but on neither occasion was the trans-
action evidenced by deed or memorandum. This song,
with Bishop's music, was published in 1824, by D'Al-
maine and Co. George Soanne composed the words of
"Fill, fill,* &c., in 1824, under the direction of Sir
Henry Bishop, who arranged the music of " Der Frey-
schuts," for Elliston, at that time lessee of Drury-lane
Theatre. This song, with the music, was :likewise
published by D'Almaine and Co., who, in 1837, ob-
tained an assignment by deed, in the two last songs
from Sir Henry Bishop. Their publication of these
three songs, with the music, had never been interfered
with, and copies of each had been purchased by the de-
fendant at various times, who afterwards bound them up
together, putting a new title page in the commencement,
in which he called his work the " Musical Gem," and
had his name entered at the bottom as publisher.
Several witnesses, amongst them Sir Henry Bishop and
Mr. Braham, stated that the composers of the music of
an opera had the right to use the words, and to publish
them, with the music, without asking the authors con-
sent.
The plaintiff, in reply, gave evidence of a deed of as-
signment, in 1834, of all Soane's right to the plaintiff,
and a receipt from Harris to Cumberland, for the pur-
chase•money of the words of " Home, sweet home," and
that Cumberland had bought Longman and Co.'s right in
" Said a smile to a tear," but without any deed ut me-
morandum of assignment.
Mr. Justice WILLIAMS told the jury that as to the
defendant's having printed the words of the songs, or
sold them, knowing them to have been unlawfully
pirated, there was no evidence, and said the verdict on
those points must be for the defendant. The only ques-
tion of fact left for the jury was to say whether or not
the authors had furnished the words of the songs with
the implied understanding that the composers of the
music were to have the right to publish and sell them
with the music.
The jury retired, and, after a short time, found the
question in the affirmative as to the authorship of " Said
a smile to a tear" and " Home, sweet home," and in
the negative as to "Fill, fill," am
The effect of this finding, together with the Learned
Judge's direction, was substantially a verdict for the de-
fendant, subject, however, to certain points of law re-
served in the course of the trial for the coasideration of
the full Court.

as the men employed at
WhOnitee day
inch,bylatshte Rewelek,
ief Committee, were busy at their
labour, they observed a young woman sitting near, whom
they, for amusement, thoughtlessly assailed with gibes
and common-place jokes. The woman returned them
no answer, nor seemingly paid any attention to what
they were saying, and at length rose to go away, when
she staggered and fell senseless to the ground. The men
who seemed so thoughtless a few minutes before now ran
to her assistance, when they found she had fainted ;
water was speedily procured, and she was soon restored
to a state of consciousness, when she told them that
it was actual starvation that was the cause of the
occurrence, and that she was on her way to Gree-
nock in search of her husband. The words were no
sooner out of her mouth than towels, little bags, and
pocket handkerchiefs, were quickly unfolded, and their
contents (the coarse but homely fare which the workers
had brought with them for their own dinners) were
pouredinto her lap; nor did their generosity end there,
for pockets were soon rummaged for stray coppers, and
Is. 6d. was collected for her behoof. The men then as-
sisted the poor woman to the water's edge, hailed the
first steam-boat that passed, and put her on board; whilst
she, with tears in her eyes, was showering blessngs on
their heads.—Ediriburgh News.