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

LAW INTELLIGENCE.

COURT OF COMMON PLEAS, July 8.
'Sittings at Nisi Prius at Guildhall before Mr. Justice
WILLIAMS and a Special Jury.
DAVIDSON V. BOHN.

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 Per 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 worth 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
1644, to D'Alrnaine 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 sung,
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-
schutz," for Elliston, at that time lessee of Drury-lane
Theatre. This song, with the music, was likewise
published by D'Alusaine and Co., who, in 1837, ob-
tained an assignment by deed, in the two last songs
from Sir Henry Bishop. Their publication of these
hree 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 hia 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 author's con-
sent.

The plaintiff, in reply, gave evidence of a deed of as-
signment, in 1534, 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 Longma❑ 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," kc.
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 consideration of
the full Court.

POLICE INTELLIGENCE.
MARLBOROUGH-STREET.

Drury liake, assuming to be a man of fortune, and
holding a commission in the Honourable East India
Company's service, was brought before Mr. Bingham,
charged with having contemplated a fraud on a large
scale on Messrs. Hunt and Roskell, silversmiths, Bond-
street, and having committed fraud on other parties.
The prisoner was also charged with having attempted to
utter several forged bills of exchange, purporting to have
been drawn by- the mess committee of the 28th Regi-
ment of Bengal Native Infantry. The first charge was
for obtaining from Messrs. Hunt and Co. a set of tur-
quoise shirt and waistcoat buttons, value 101., under
false and fraudulent pretences.
Charles Youlten, cashier to Messrs. Hunt and Co.,
said on Thursday last the prisoner came into their
warehouse in Bond-street, and gave an order for a
service of plate, value 9001., which he said was for the
officers of the 28th Bengal Native Infantry, and which
he proposed to pay for by a bill for 12,500 rupees,
drawn in his favour by the mess-officers of the regiment.
The bill in question purported to be signed by the pre-
sident of the mess committee, and witness having had a
letter advising him on the subject a few days back, had
not the least suspicion that fraud was contemplated.
The service of plate was to come to about 9,000 rupees,
and the balance (3,500 rupees) was to be handed over to
prisoner
the prisoner. In the course of conversation witness
a was acquainted with Messrs.
F
eC ity. The prisoner endeavoured
t osk
erbve atds he
and appeared annoyed at the in-
quiry. The prisoner, however, turned the matter off,
and asked to look at some turquoise shirt studs and
o e
t a ent
hd q
c,u., esi
nti he
buttons. The prisoner chose a set which came to 101.,
handed witness the bill now produced for 12,500 rupees,
and left the shop, taking the studs and buttons with
him. Witness subsequently made inquiries in the City,
and then ascertained that the bill was a forgery.
Police-constable Checkley, C division, took the pri-
soner into custody at his lodgings, in Tavistock-street,
Covent-garden. Witness told the prisoner the nature of
the charge against him, and then searched his lodging.
He found a large portmanteau filled with new clothes,
a large bundle of pawnbrokers' duplicates, and also on
the prisoner's person several bills for large amounts in
sicca rupees. Witness:also found sixty sovereigns in the
prisoner's possession, and a letter which proved that the
prisoner had received 1341. from a firm in Fenchurch-
street, on one of these spurious bills. 'Witness also found
a paper on which was written an oath to this effect, that
he (the prisoner) on his Bible swore that ho would ab-
stain from squandering away, lending, or borrowing
money, on any pretence, by whatever means he might get
money.
A smart groom same forward, and stated that he had
been hired by the prisoner to valet him about a month
ago. The prisoner then lived in Trinity-square, in the
Borough, and from his appearance and representations
witness was induced to believe that he was a gentleman
of large fortune, jest arrived from India, and about to set
up an establishment of a first-rate character. The groom
said he had been in the prisoner's service a month, and
had as yet received no money.
Mr. BINGHAM ordered the groom to be paid his wages
out of the money taken from the prisoner.
The prisoner was remanded until next Saturday.
MARYLEBONE.

Theodore Piedfort, a foreigner, carrying on the busi-
ness of hairdresser and perfumer, No. 5, Bury-street,
St. James's, was finally examined on a charge of having
violated the person of Rose Harris, one of the servants
in the establishment of the Countess of Dundonald.
Mr. Humphreys attended for the prosecution, and Mr.
Lewis for the prisoner.
The evidence taken at the previous examination having
been read over by Mr. Phillips, the clerk, the com-
plainant was cross-examined by Mr. Lewis at great
length, without his being able to shake her testimony in
the slightest degree.
Elisa Manning, the countess's housekeeper, deposed
that the prisoner had dressed her ladyship's hair for
upwards of twenty years. On Thursday week he came
to her Ladyship's house in Chesterfied•street, Mayfair, at
twelve o'clock, and was told to call again at nine o'clock
in the evening. Her ladyship thought of returning to
Hampstead on that day, but did not do so until Friday
night. On complainant making her acquainted with the
treatment she had received from the prisoner, witness
communicated it to the uncle and aunt of the young wo-
man, and also to the Countess. Witness had examined
the complainant's back, which she said had been hurt
by the prisoner pushing her against a table in the par •
lour, and found a lump upon her back, which must have
been caused by great violence.
Policeman Crosby, C 151, who apprehended the pri-
soner in Albemarle-street, deposed that when he told
him the charge on which he was taken, he said, "It
must be all a mistake."
Mr. Lewis urged that the charge against his client,
which was a very serious one, rested solely on the evi-
dence of one witness, the complainant herself; and asked
that the prisoner might be admitted to bail.
Mr. LONG, howe'er, refused to accept bail, and the
prisoner was committed to Newgate for trial on the ca-
pital charge.

HAIIIMERS3IITH.
Thomas Oxley and six other costermongers and
general dealers, were summoned before Mr. T. Painter,
by the police, for permitting their barrows, &c., to stand
longer than necessary for loading or unloading in the
public thoroughfare round Kensington-churchyard,
whereby they had incurred penalties not exceeding 40s.
or a month's imprisonment.
It appeared that the defendants were in the nightly
practice, with others, of congregating with baskets,
trucks, barrows, &c., on the open space of the high
road, to sell fish, fruit, vegetables, haberdashery, &c.,
forming a complete market, and the summonses were
taken out in consequence of the repeated complaints of
the shopkeepers of the nuisance occasioned thereby.
The defendants pleaded guilty, and said they were
compelled to do so for the purpose of obtaining a liveli-
hood, and keeping themselves and families out of the
workhouse.
Mr. PAYNTER said there could be'no doubt that it wisc
quite illegal for them to do so ; but he had himself ob
served an evening or two before, as well as on other
occasions, a crowd of the_carriages of the nobility and