The Sun.
London, England, 1846-07-15 00:00:00

PROCEEDINGS UNDER THE

COPYRIGHT ACT.

At Bow-street yesterday, Mr. James Wyld, map engraver
and publisher, of Charing-cross, appeared before Mr. Jar-
dine, upon an information made by Sir Henry Ellis, princi-
pal librarian of the British Museum, under the newly
amended Copyright Act, for baying wilfully neglected to
send, within a month after the publication of certain maps,
a correct copy of each, whereby, in case of conviction, he
rendered himself liable to a penalty amounting to the value
of each publication, in addition to a further penalty of not
more than 51.
Mr. Baldwin appeared as Counsel to prefer the complaint,
and Mr. Serjeant attended on the part of the defendant.
Mr. Baldwin said that the information upon which the
present proceedings were instituted consisted of four counts,
the first of which was, that on the 9th of April, in the
present year, the defendant published a map of the United
States, relative to the Oregon and Texas, and a post-
'Map of Europe, and on the 13th of January, three maps of
the route through the Punjaub and the adjoining territory,
and on the 31st of March the position of the British army
on the hanks of the Sutlej, none of which were •in any
form delivered to the trustees of the British Museum.
circular, in the usual way, had been forwarded to the defend-
ant, calling his attention to the provisions of the late Act, of
which he, however, took no notice, although on former occa-
sions maps had been delivered by him without any such
notice. He was bound to admit that the trustees had con-
sidered it preferable to institute proceedings against such a
distinguished publisher as the defendant, instead of per-
sons of less repute, and from the evidence he was about to
produce he had no hesitation in concluding that the Court
would admit the justice of the claim.
Mr. William Ching, clerk to Messrs. Bray, Warren, and
Harding, solicitors to the British Museum, stated that on the
13th of April last he went to the defendant's shop, where he
purchased the map produced relative to the United States,
and the Oregon and Texas, the name and address of the de-
fendant, with the date, being at the bottem. He also pur-
chased for 135., on the 14th of May, the post-map of Europe,
the date being January 13. The routes through the Punjaub
he purchased on the 30th of April for 45., which was pub-
lished by the defendant on the 4th of March last. The
sketch of the British armies on the banks of the Sutlej he
bought for Is. Gd. on the 31st of March last, and he served a
notice on the defendant to attend in case it was deemed
necessary.
In answer to the defendant, witness said that he asked if
they were the last editions.

Mr. Merver Cowter said that it was his duty to receive for
the trustees of the British Museum all the works they were
entitled to under the Amendment Copyright Act. The four
maps specified in the information had not been delivered to
him by the defendant. There was no other officer autho-
rised to receive such works, arid particular hours were set
apart for that purpose. Since the month of June, 1845, only
live maps had been delivered by him, and two others in the
month of October last. Witness recollected having sent by
post a circular calling his attention to the provisions of the
Act.

In cross-examination by the defendant, witness said
that every map or book usually passed through his
hands, and in case he was absent from his room, per-
sons were in attendance who would give receipts, which
were prepared by him. He might be absent from his duties
one month in every year, and it frequently happened
that books and other works were left. without receipts been
given for them, but in the present instance there were no
enteries in the books that the maps produced had been re-
ceived. Ile had received the " Dispatches of Gen. Hardinge
from India" produced, which contained a map, but could not
say that he had received " Putman's American Facts," also
containing a map relative to the position of the United States,
and the Oregon and the Texas, nor the " Memorandums and
Voyages in Asia," which also contained a map.
Mr. G. Harding produced, under seal from ihe Trustees of
the British Museum, as authority to lay the information.
Cross-examined—When he called at the shop, the defend-
ant told him that he would be most happy to furnish the
Museum m ith a copy of every map he published, if a list was
brought to him.
Mr. Baldwin said that was the case on the part of the com-
plainants.

The defendant called the attention of the Court to the Bth
clause of the Act, and said that he was called upon to defend
a great principle, not only involving the interests of persons
in the same trade, but also the public at large. It was pre-
posterous to suppose that when the Copyright Bill was
brought in by Sergeant Talfourd, that every work indiscrimi-
nately should in future be deposited in the public archives,
as alterations and additions apparently trifling were obliged
to be introduced almost daily into works which he publishes
and if by the provisions of such an Act he was called upon to
supply a copy of each, the Museum, large as it was, would
not be sufficient to contain them. The map respecting the
Oregon and Texas had been originally published at Wash-
ington, and republished by him, and as to the post-map of
Europe, it was published in the year 1840, but underwent
great alteration, not however a new edition, in consequence
of the late increase of railroads. As to the map of the
Punjaub, it was compiled for his own use, and he supplied it
to Baron Hugel for his book. The same miht be observed
respecting the dispatches of General I-rardinge, which
was published by 011ivier, of Pall-mall; and as regarded
the other, he considered it unreasonable on the part of
the trustees to attempt to contend that they were entitled to
a copy of simply a map, upon which some alterations or ad-
ditions were absolutely necessary, which was not the case
with a book; and anxious as he was to show every courtesy
to the trustees, if they compelled him to comply with the pro-
visions of the Act, he would be compelled to remove his
establishment to Paris, in case he was obliged to furnish the
Museum with every copy of every work he was called upon
to publish.
Mr. Baldwin, in reply, observed that the maps in question
had been sold singly over the counter, as appeared in proof,
independently of which the defendant had disposed of others
to certain publishers. There were no alterations in them,
and had they been sent to the Museum, it was the fault of
the person leaving them if he neglected to obtain the re-
ceipts in the usual way. He maintained that the Act had a
retrospective meaning; nor was it contended, setting altera-
tions and additions out of the question, that any maps had
been sent which disentitled him to a judgment in favour of
the complainants.
Mr. Serjeant drew the attention of the magistrate to the
fact that the maps had not been entered at Stationers' Hall,
and, consequently, there could be no copyright, which pre-
vented the trustees from recovering.
Mr. JARDINE replied that the provisions of the Act were
quite explicit upon the subject, and the defendant might
have secured himself in that manner if he thought proper,
and the only doubt he entertained upon the subject was con-
cerning the post-map of Europe, which was published an-
terior to the passing of the Act.
After considerable discussion,
Mr. JARDLNE said there could be no doubt that the defen-
dant was obliged by the Act to deliver copies of his works, '
whatever they might be, to certain bodies, and although the
defendant had contended that the maps were separate pub-
lications, it was clear they had been published as such after
Putnam's work had been published. The post-roads was
another which could not be termed separate, but when the
defendant called it so, he put himself out of court. The
same remark related to the map of the Punjaub, and also to
the work on the war in India, which was the same map that
had been published in the book, and as the maps had been
published in the shop, it was a matter of regret that the
trustees had not brought an action as for a debt, instead of
coming before a magistrate on such an important question.
He was bound under the evidence that had been adduced, to
convict the defendant in the full value of each copy, namely,
35., 135., 45., 145., and also the sum of 20s. upon each of the
maps.
Mr. Wyld inquired if there was no appeal.
Mr. JARDINE replied he was not sure, but it was worth in-
quiring into, and no time should be lost.
Mr. Baldwin applied fer costs.
Mr. JARDINE hoped there was no occasion to make an
order respecting costs with such a body as the trustees of the
British Museum.

-11Yr7IVyld complained, that as the trustees of the British
Museum had made an unexpected claim, he ought, in fair-
ness, to be furnished with a list of the maps claimed; and
having given a cheque for the amount of the several penal-
ties, the parties left the Court.

EXTRAORDINARY GALE. —At Brir,;7nton yesterday
morning, shortly after the flow of the 'dde, the wind, which
had been blowing for three hours f",cm the south-west, in-
creased to a gale, to the manifest, danger of a fleet of mack-
erel boats which were at anclic.,r in the roads. The masters
and crews were seen runnir,g to the shore, and small boats
were manned on the sand, and attempted to be sent off to
the vessels, all of which were without a hand. One of
these was capsized, and it was at once seen that any attempt
to put men on board in this way would be ineffectual.
Meanwhile, three of the fishing vessels were swamped, and
two of them having broken from their moorings, came
ashore; one near, the Chain Pier, the other opposite the
Gun Hotel, where the breakers commenced their work
of destruction. The water, however, having as yet
barely covered, the sand, the crews from the shore
rushedinto the sea, and soon hauled the damaged
boats ashore. All this time the perils of those which still
held to their anchors was increasing; and, at length the
Royal Humane Society's life-boats, manned by the coast-
guard, under Lieutenant Pratt, took out crews and put them
on board at great danger, owing to the violence of the wind
and waves. The crews once on board, rar, the boats imme-
diately on the sand, whence, by means of the ordinary ap-
pliances, capstans, &c., they were hauled high and dry. The
gale abated almost as suddenly as it rose; but we regret to
state that an accident, which had a fatal termination, oz-
curred before it had quite subsided a man named Price was
knocked overboard by the barge of the Caroline, belonging
to Mr. Henry Pocock, and although his son gallantly jumped
overboard twice to his rescue, he was not taken, out of ti.*
water till life was extinct.

LITERATURE. ---
SCENERY and POETRY of the ENGLISH
LAKES. By Charles Mackay, LL.D..
Notwithstanding the derision cast upon the " Lake
Poetry" by Lord Byron, and likewise by Horace and
James Smith, in their inimitable " Rejected Addresses,'
the writings of Coleridge, Wordsworth, and Southey
have assumed a very eminent position in the world of
metrical literature. From that position they cannot
very speedily be shaken ; at least the two former have
acquired a popularity which appears only to be inces-
santly on the increase. No poem within our recollec-
tion possesses such an enthralling character, or elevates
and seizes the imagination of its reader so effectually, as
that mysterious and eccentric legend of the " Anciente
iliarinere." How exquisite, moreover, is the moral
sentiment which it inculcates!

" He prayeth best who loveth best
All things both great and small ;
For the dear God that loveth us
He made and loveth all."
No poem again—not even excepting the tenderest son-
nets of Petrarch, or the divinest passages of Romeo and
Juliet, or those exquisite poems in prose, the letters
between Heloise and Abelard—no poem whatever to
our thinking is more radiant with a chaste and touch-
ing love than Coleridge's " Geneviene." What a subtle
knowledge of that master passion is revealed towards
its conclusion:—
" She wept with pity and delight,
She blushed with love and virgin shame;
And like the murmur of a dream
I heard her breathe my name.
Her bosom heaved, she stept aside;
As conscious of my look she stept—
Then suddenly, with timorous eye,
She fled to me and wept.
She half enclosed me with her arms,
She pressed me with a meek embrace,
And bending back her head, looked up
And gazed upon my face.
'Twas partly love, and partly fear,
And partly 'twas a bashful art,
That 1 might rather feel than see
The swelling of her heart."
In the sonnets and fragments of Wordsworth, as well
as in his more elaborate performance, "The Excursion,"
there are again indications of such a holy reverence for
Nature, and of such a consummate appreciation of her
beauties, as cannot fail to sustain him among the bards
wbo have devoted themselves to her laudation. Despite
certain undoubted puerilities, and despite certain mean
vagaries of expression, as for instance where thickets
are described as
"Little strips of naked wood run wild,"
the owner of "Rydal Mount " has created a school of
poetry which his books will always perpetuate. It is in
admiration of these intellects, and still more in admira-
tion of the scenery by which these treasures have been
evoked, that Dr. Mackay has written his present volume.
It is a work eminently worthy of its subject. In its
pages the author has condensed an universe of poesy,
and that poesy, consisting both of quotations and of
original descriptions, has been exquisitely embellished
by the artists. We can neither designate the book as
an album of the choicest cullings, because we cannot
perceive in it any ephemeral characteristics ; neither
can it be called a guide-book to the lakes and dells of
Cumberland and Westmorland, because it is altogether
a work of a more elevated stamp. Every real lover of
this beautiful world—and who is not 7—every one who
can derive pleasure either from the glories of our insu
lar landscapes, or from the splendours of our insular
poets, will partake with ourselves in the gratification of
reading this most charming volume. It conducts Us in
imagination to every nook and dingle in the neighbour-
hood of those superb lakes, " navelled in the forest," as
Childe Harold expresses it, Windermere, Ulleswater,
Buttermere, Derwentwater, Grassmere, and their com-
panions. Charles Mackay has beheld those scenes and
has perused those poets with a poetical enthusiasm, es-
sentially his own, and he has described the one and
commemorated the other with something of that same
enthusiasm for material and spiritual loveliness. The
nine artists, whose pencils have illustrated most of the
views recorded by the author's pen, have shown a 'cor-
responding capacity. As specimens of wood engraving,
the embellishments, which are plentifully scattered
among the letter-press, are masterly, both for distinct-
ness and delicacy. 'We must, in justice, particularise
the vignette, by Harvey, which charmingly embodies the
intention of the whole work, associating medallion
likenesses of the triumvirate (Wordsworth, Coleridge,
and Southey) with the scenery celebrated by their genius.
The sketches from the pencil of Mr. E. Gilks, are also
especially entitled to commendation, as they are inimi-
table semblances of the original. Gilbert, and the
rest, have likewise contributed their queta to the adorn-
ment of the several chapters, and their drawings have
been excellently delineated on wood by the graver of
Mr. Thomas Gilks. This volume is a beautiful tribute
to nature and poetry; it is a book not to be perused
casually, but to be resorted to again and again. Charles
Mackay has acquitted himself admirably in its com-
position.

INTERESTING TO GEOLOGISTS.—A discovery has
within the last few days been made on Raploch farm, which
adds another to the many proofs that the now fertile fields
of the Carse were at some remote period covered by the
ocean, and Stirling, Abbey Craig, Craigforth, and other
basaltic rocks, washed by its turbulent waves. Workmen
have been engaged for some time past in removing the sur-
face soil from a bed of freestone rock, intended for the con-
struction of the new bridge over the Forth for the Scottish
Central Railway, and while prosecuting their labours, they
came upon a stratum of shells, within a very few feet of the
surface, which consists entirely of those shells common to the
sea-shore of the present day, and amongst which we per-
ceived numerous specimens of the mussel, oyster, cockle, and
other shell-fish.—Stirling Journal.
EXTENSIVE ROBBERY OF JEWELLERY, &C.—Yester-
day information was forwarded to the various metropolitan
and city police-offices and stations, that on the evening of tlie
9th instant a pane of glass was cut (supposed with a diamond)
out of the show case outside the shop of Mr. Jacobson, jew-
eller, No. 322, Oxford-street, and therefrom was taken three
trans, containing in all about 240 gold and other rings; a
variety of gold seals, keys, and brooches ; several gilver pen-
cil cases; two silver pickle forks, and 100 gold and other
breast pins of great value.
CHARGE OF KILLING.— BIRHINC.:HAM, TUESDAY
EVENING . —J. B. Davies, Esq., borougl coroner, is now en-
gaged at the house of Mr. Charles Cfreshire, Lower Temple-
street, investigating a case which t xcites considerable inte-
rest in the town. It appears that the deceased, Martha
Minors, 18 years of age, was an unfortunate girl, who lived
in a house of ill-fame, kept by a woman named Emma Had-
dock, in Vale-street. *Yesterday evening deceased and a
young man, named Thomas Soirs, a horse-dealer, were in
company with two other persons at a public-house, and after
they left the place and were proceeding up Pinfold-street,
Soirs, it is alleged, struck the unfortunate girl a blow under
her right ear, from the effects of which she fell to the ground,
and expired almost instantly. The examination is being
proceeded with, and will, no doubt, occupy many hours.
COUNT MONTHOLON.—MS Majesty the King cf the
French, on the report of the Minister of Justice, ha,9, by a
decision of the 10th instant, remitted the remainder of the
term of imprisonment of General Montholon. A letter, ad-
dressed to Count Montholon by the Minister of War on the
Ist ult., had led that General, as well as his friends, to be-
lieve that his pardon had been granted to him at the end of
May last. It was not, however, the cme. To the Minister
of Justice alone belongs the right of making a report on
the subject, to countersign the pardon, and to give the ne-
cessary orders for its being carried into execution. No Inca•
sures could be otherwise taken for setting Count Montholon
at liberty, as the latter had never solicited his pardon, which
was indispensable before any decision could be come to on
his fate.

ROYAL HUMANE SOClETY.—Yesterday the half-
yearly meeting of the supporters of this society, which was
founded in 1774 for the recovery of persons apparently
drowned, was held at the society's rooms, Trafalgar-square,
B. B. Cabbell, Esq., V.P., in the chair. Mr. Charlier read
the report for the last six months. In that period 122 casea
were treated by the society's officers, of which 109 were suc-
cessful, and 13 were beyond recovery. Of the gross number,
46 were attempted suicides. Since the formation of the so-
ciety it has been instrumental in rescuing 5,000 fellow-
creatures from a watery grave. During the present season
upwards of 630,000 bathers frequented the Serpentine. The
report was adopted, and silver medals were awardedtopieut.,
Warner, R.N., Lieut. A. Newman, R.N., 'V.I.. W. A.
Fisher, R.N. (son of our harbour master), Mr. ijharles San.
lives geant, of Melton, and Mr, Hughes, jun., of Cornhill, who, at
the mißneensitderisskthoosfe
red
arks,eiro7o lives,other s were
the
esof
distri-
buted,others.
exclusive of pecuniary rewards, since December last.
THE MURDER o,'l, THE POLICEMAN AT DAGENHAM.—
The inquest in this case was again resumed yesterday, and
again adjourned for a fortnight, without eliciting any facts
tending to criminate any person. A man, who stated that
lie with another had been pointedly alluded to, attended
voluntarily with that other to hear and answer anything
that might be brought against them. Previous to commenc-
ing the inquiry the Coroner took two jurymen to wait on a;
woman in the neighbourhood, but what passed between
them did not transpire. Immediately after the adjoarnment
of the inquiry a long interview took place with the Coronet,
and the principal police authorities, chiefly relating, It was
understood, to a letter received from Bristol, accusing certain
persons of the crime.
AN INTRUDER.—A circumstance occurred last, evening
at the grand fete which took place at Ashburnham. House, in
celebration of the birth-day of the Empress of R•assia, which
it may be as well to mention as a warning to any other in-
dividual who may attempt to intrude himself into society
to which Ma position does not entitle him. When
the guesta were entering very rapidly, au individual
passed through the outer hall, announcing his name
in a sort, of confidential whisper to the attendant as " Mr.
Herk'ert Player." Though no such visitor was expected to
pre.,sent himself, Mr. Herbert Player was allowed to pro-
teed into the inner hall, and in due time he mounted the
staircase. On reaching the reception saloon, howev'er, a
more formidable ordeal had to be passed through by Mr.
Herbert Player. The individual appointed to announce the
company had a tolerably extensive knowledge of the aris-
tocracy, but, unfortunately for Mr. Herbert Player, his
features were not familiar to the party in question. After
having asked the individual his name, and received the
same reply as had been addressed to the servant in the hall,
the announcer felt satisfied that Mr. Herbert Player was an
impostor, and as such, took the liberty of immedi.ately hand-
ing him over to the custody of Mr. Inspector Avgs, who was
in atteadance at the Legation. To Mr. Aggs Player de-
scribed himself as of Benton-hall, Northumberland; but
further inquiries satisfied the inspector that 'his proper locale
was the station- house, and to that lodging he was ignomi-
niously consigned.
EXTRAORDINARY FLIGHT OF BUTTERFLIES.—One of
the largest flight of butterflies ever seen in this country
crossed the Channel from France to England, on Sunday
last. Such was tlae density and extent of the cloud formed
by the living mess, that it completely obscured the sun from
the people on board our continental steamers, on their pas-
sage, for many hundreds of yards, while the insects strewed
the decks in all directions. The flight reached England
about 12 o'clock at noon, and dispersed themselves inland
and along shore, darkening the air as they went. During
the sea passage of the butterflies the weather was calm and
sunny, with scarce a puff of wind stirring; but an hour or
so after they reached terra firma, it came on to blow great
guns from the S.W., the direction whence the insects came.
—Canterbury Journal.
Aletter from Naples, of June 27, states that Mount
Vesuvius was in full eruption, and vomiting Wirth masses of
the flames pre-
sented a magnificent spectacle.
lava with great noise. During
the night
The heat was 24 degrees of
Reaumur (86 Fahrenheit).