The Sun.
London, England, 1848-12-13 00:00:00

P•-4-I)trZt ambition

This case, which had occupied the attention of the
Court since Thursday last, was brought to a conclusion
this day.
The evidence for the defence having been closed,
Mr. Cociesiunrs addressed the jury in reply, on behalf
of the Crown.
Mr. Justice WIGHTMAN then summed up. He stated
that this was a proceeding to repeal letters patent granted
by the Crown in 1843 to Mr. Julius Smith, on the
ground that the Crown had been deceived. It was
alleged that the invention was that of a foreigner,
who communicated it to Mr. Smith. If a party
claimed as his invention anything that was not really
new, although connected with that which ws.s new,
the whole patent would be void. A patent privilege
was good for one art or invention which was a combina-
tion of several known arts or inventions, and it might
be a valid patent, though the thing
used was well
known, if the novelty consisted of dispensing with any
one part of the previous machine. The patent in ques-
tion was one granted for certain improvements in ma-
chinery for the sawing of timber. Mr. Smith divided
his improvements into two parts—the one was for an
improved mode of sawing in curves, and the other for
bevelling timber. On the part of the prosecution it was
asserted that the Crown had been deceived, as the in-
vention was really not new, that it was not useful, neither
was it communicated by a foreigner in the manner sug-
gested at the time the petition was signed. In 1841
Mr. Smith petitioned for a patent. In June, 1843, he
took out letters patent for these alleged improvements,
and described the nature of these improvements
in his specification—that the saw was mounted
in an interior frame, supported within a saw-
gate, and enabled to slide laterally, and to guide
the saw with a fork lever. The bevelling was continued
by three processes, viz., the sawing process, the process
for turning the log, and that which determined the
angles to be given to the bevelling. The Learned Judge
having recapitulated the evidence, left the questions at
issue to the jury.
Having retired for the purpose of consultation, the
jury returned, after an absence of about an hour and a-
half, to their box, when they gave such answers to a
series of questions put to them as induced his Lordship
to enter a verdict fur the Crown on some of the counts,
and for the defendants on tha others, with liberty to the
Crown to move to alter the verdict if it thought proper.
Thus has ended a case that had occupied the attention
of the Court for an unprecedented length of time. In
the course of the proceedings the most beautiful models
were produced, which were described and explained by
some of the most scientific engineers of the day.

POLICE INTELLIGENCE.
MANSION HOUSE.
A trade: man who transacts business in Leadenhall-
market brought to the Lord Mayor a forged note, pur-
porting to be a Bank of England note for 101., which he
had taken in the course of business from a person who
had all the appearance of a respectable dealer. He con •
siderad that as the forgery was one of the first of a new
and ably-executed impression, it would be serviceable to
put the community on their guard by a descriptio❑ of the
fabricated instrument. He had been informed at the
Bink that it was the second forgery from the plate which
had been presented.
The LORD MAron examined the note, and observed
that it was executed with remarkable skill. It had the

singularity of being dated from London, all former for-
geries having been dated from branch banks in the
country. The paper, however, is rather darker than
that of which the genuine notes are made, and the water
mark had been evidently put in after the manufacture of
the paper had been completed. The imitation of the
genuine note is quite extraordinary in all other respects.

GUILDIPAEL.
George Wilson, residing at No. 67, George-street,
Pimlico, was charged before Alderman ilumphery with
stealing two coats.

Mr. —Thomas Jacobs, salesman to Mr. William Mar-
tin, of Nos. 156 and 157, Fleet-street, tailor, said that
on Monday night, 'about six o'clock, the prisoner entered
his employer's shop, and informed him that he wanted
an outfit. He proceeded to show him some coats, and
at last two were picked out, which the prisoner fitted on
one over the other. He then requested to be shown
some pieces of cloth, as he wanted half a dozen pair of
tiousers. While on the ladder getting the cloth, the
prisoner ran out of the shop with both coats on his back,
darted under some horses' heads, and ran down Bonverie-
street, where witness caught him. After several attempts
to escape, an officer was met with, and he was given into
custody.

In
defence, the prisoner said he was trying the
coats on, when he observed a friend on the opposite
side of the street, and wishing particularly to speak
to him he ran out, but was followed so closely by Mr.
Jacobs, that he could not attract the attention of his
friend. In fact, he was seized beforo he could get near
him.

Alderman Flumprmar asked if he was known ?
Chambers, the gaoler, said that he had been in cus-
tody before for stealing a coat at the Guildhall Coffee-
house.

Alderman HUMPHERY committed him for trial, and
the depositions being made out, he was conveyed to
Newgate.

BOW-STREET.
Mr. Archer, a solicitor, applied to Mr. Jardine, on be-
half of a local society for the prevention of burials in
towns, for a summons against a grave•diggsr employed
at the burial-ground in Cross-court, Drury-lane, to
auswer the charge of disinterring bodies, and thereby
causing a great nuisance in the neighbourhood.
A person named John Muggridge, residing at 14,
Cross-court, whose back window opened upon the
burial-ground in question, deposed to having seen the
grave-digger and another man dig up coifing, hammer
them to pieces, and apparently throw the bodies into
another hole, with tfuantities of lime to effect their de-
struction.
Other nbominaticrns of the same kind were mentioned
by the witness, who communicated the circumstance to
Mr. Walker, surgeon, and the police ; but as the mat
ter will be fully investigated when the defendant appears
t the summons, we deter our report.
The application was readily granted by Mr. Jardine,
with the view of having the matter taken up and
properly investigated.

AIAR LB ORO UGH-STREET.
Charles Roland, an elderly man, filling the office of
clerk to the Swiss Protestant Church at the West-end,
was brought up for final examination, charged with
having abused the person of Frances Ann Keast, a girl
about twelve years of age.
The prisoner was on terms of disgraceful intimacy
with the mother of the girl, v. ho had been separated from
her husband for some years ; and, according to the girl's
evidence, the prisoner had been in the habit of indecently
assaulting her for some time past. She complained in
vain to her mother, and at last having met with her
father, she communicated to him the prisoner's conduct
to,vards her, and a warrant was immediately obtained
against the prisoner.
Mr. French, a surgeon, sent a certificate, which cor-
roborated, to a certain extent, the statement of the girl.
Mr. BINGHAM, eficr hearing the prisoner give a
general denial of the charge, fully committed him
for trial.

Janes Jones, spectacle maker, No. 11, Moor-street,
was charged with having criminally assaulted Catherine
Grady, a girl about twelve years of age.
The complainant said she was in the service of the
prisoner, and the assault in question occurred during the
absence of the prisoner's wife. The statement of the
would lead to the inference that a capital offence had
been committed. The girl said she told the prisoner's
wife what had happened as soon as she came home, and
-she communicated the same circumstances without delay
to her friends.
The prisoner was fully committed.
WOR S 7 RE E T.
William Roberts, au inmate of the Bethnal-green
Union Workhouse, was brought up before Mr. Llammill,
at the instance of the parish authorities, charged with
an assault of an aggravated character upon a young mar-
riti:d.:itioemastan named Jane Weldon, also an inmate of the
establishment.
My. 11431mns. asked in what manner the parish an-
said e e
entirelyibnetended to deal with the case ?—Mr. Fairfield
Ras instructed by the board of guardians to
lMr. as
des the hands of the magistrate.
a serious deseriptisoaid that the offence was one of such
to consider whethern,utahat the guardians ought certainly
cute the charge before
Would not undertake to prose-
afojrur Zni,woCieneddieht
to
or
ms haiffonuoalrtddi ttnl eeirnme
toahrnee
opportunity of coming to
order it to stand over
so
matter.

SOUTHWARK.
money transmitted from
John Sielivan and Mary Cronin were charged with
,ointw orderiialugrg
er
ty.
after hearing some contradictory
that in order to sift the case to the bottom
ISlreeTilahlirenifmfaoArl:B:sasTtr"Rt°h:oTle,E,
he should rseamida, nd the prisoners.—Remanded accordingly.

HIGH TIDE IN TYE THAMEs.—Yesterday after.
noon the river Thames continued to flow fora consider-
able time after the period fixed for high water, and at
haif.past three the low grounds on either bank were
completely under water, the Bishop's-walk, Church.
street, and Fore-street, Lambeth, and the approach to
Lambeth Palace, being iinpassaCle, except by boats, a
number of which were employed to ferry the inhabitants
to and from their dwillings. The basements of the
houses in Fore-street were completely flooded, and con-
siderable damage and loss occasioned. The tide over-
flooded the Hungerford and Adelphi-wharfs, and washed
over the Temple-gardens embankment. At all the
steam-boat piers the passengers had to clamber over
p:ankii. The Essex, Woolwich, Wandsworth, and Bat-
tersea marshes were placed under water. Much damage
is reported to havo been sustained on the south bank of ,
the river, though no lo3s of life.

HER MAJESTY'S AND PRINCE
ALBERT'S ETCHINGS AND
DRAWINGS.-(THIS DAY).

THE QUEEN AND PRINCE ALBERT v. STRANGE,
JUDGE, AND OTHERS.
(Before the Vice-Chancellor KNIGHT BRUCE.)
(Continued from our Afternoon Edition.)
Mr. SMITH then went on to contend that the answers
of Mr. Strange completely exculpated him from blame;
for he had sworn that the basis of his engagement with
Mr. Judge was that her Majesty's consent should be
obtained to the publication of the etchings.
His Hoisona—ls it explained why none of the house-
hold of Prince Albert were consulted before the publi-
cation of the catalogue ?
Mr. SMITH—No, it does not, but the catalogue was
never published. Mr. White, the attorney on the other
side, when he came to Paternoster-row, could not obtain
a copy. In fact, the catalogue, with the exception of 11
copies sent to the Palace and to the members of the
Royal Family,:was as unpublished as any work, the proof
sheets only of which had been sent out. Perhaps the de-
fendants acted in ignorance of the matter, thinking, no
doubt, that the publication, without any formal application,
would be more acceptable to the feelings of the Queen
and her Consort. The election of Prince Albert to the
Chancellorship of the University of Cambridge was an
example of the kind. The Prince did not give his con-
sent to be pat in nomination; yet Professor Whewell
and others, some of whom occupied high positions on
the bench, did put him in nomination, and he was
elected. If the decision of his Honour was
adverse to the defendants, on the same principle
sought to be established here, all criticisms might
be subject to injunction—nay, more, the recently-
published illustrations of the cattle exhibited at the
cattle show might be stopped by injunction. But, after
all, the matter resolved itself into one of costs.
The SOLICITOR-GENERAL—The costs, and something
more—to be indemnified from loss; that was the tenor
of the correpondenco which, though written without
prejudice, was nevertheless set forth in the answers.
Mr. SMITH said the defendant was prepared to give
up all the copies, and not to similarly offend for the
future, on the payment of the legal costs to which he
had been put. [le had made this offer but it was de-
clined; the costs of the prosecution alone were offered to
be paid. Now, Mr. Strange believing conscientiously that
he bad not acted improperly, but as a fair trader and as
a man of honour, and not wishing to sneak out of this
matter except in the most honourable manner, refused to
accede to this proposal, because he would thereby admit
that he was guilty of the offence imputed to him,
of which he was altogether innocent.
[The whole of the voluminous correspondence was
here read by Mr. Smith, and bore out the statement in
his address. J
His Hoetorra, at their conclusion, said he doubted much
whether he should have permitted the public time to
have been occupied by the reading of those letters,
which appeared to him to have been written with a view
to a comprcmise; the act, however, was one of all the
counsel.
Mr. SMITH said be had read the letters to show that
Mr. Strange did not wish to be considered as acting
submissively in this matter, but with an earnest desire
to be relieved from the proscution honourably. He
thought the Queen and Prince Albert should congratu-
late themselves, that instead of finding a bad subject
they had found a most loyal one.
The SOLICITOR-GENERAL said he appeared for Prince
Albert in support of the injunction, and that he wished
to submit the case to his Honour on the same
principles as those which would guide the cause of the
humblest individual. He submitted that he was entitled
to hold the injunction. Mr. Strange and Mr. Judge
entered into the speculation as the property of others, as
their joint experiment for their joint profit. Tho case
was like that of a private gentleman who sent
en engraving to a printer to have proofs struck
oil; and who bad had some of the engravings pur-
loined—by the sale of which the value of the pro-
perty or the engraving might be materially in-
jured.::eCourts of equity were constantly dealing
with literary property of this kind about to be interfered
with in a similar manner. He admitted that the dis-
tinction in this case was very fine, but surely when it
was obvious that the sale of the work would be immense
—that it :would have found its way into almost every
assembly, and into every house—that great profits would
have been: realised—it could not be contended
that there was no property in the matter. He
submitted that he had already established the
existence of property in this case.. About a 100
years ago the Earl of Arundel brought home from
abroad the valuable marbles which now decorated the
University of Oxford, and which threw much light upon
chronology. Could it be contended that if they
were pirated no injury would result to the
value of the property ? The Court could as
much interfere in such a case as in cases of pi-
racy of valuable chemical experiments shown at a
lecture, the compilation of a book from the catalogue of
a private literary gentleman, who had allowed a person
to inspect it, or in the piracy of trade marks. Such
cases had occurred.
His HONOUR inquired if the Learned Solicitor-Ge-
neral could furnish bim with the name of the case to
which Lord Eldon had so often alluded—the case of a
person of strong memory going to see a new play, and
afterwards producing it.
Mr. Sergeant TALFOURD believed it was the case of
" Miller v. Elliston."
1 l The SOLICITOR-GENERAL said in the case of Macklin
v. Richardson it was held that going to a play and ob-
taining the words by the aid of short-hand was a viola-
tion of copyright. In this way the defendant had ob-
tained the language of a popular farce, A-la-Mode, in
which Mr. Macklin had obtained much success. The
learned Solicitor-Gcneral cited cases in which medical
lectures, published in the same way, had been held to be
violations of copyright. He applied the same law to this
case. The printer at Windsor, or rather his pressman,
had no right to part with the etchings.
His HONOUR inquired if this version was recognised
on both sides?
Mr. WARREN said the mode in which the etchings
were obtained was set forth in the bill, but Mr. Strange
knew nothing of the way in which they were obtained.
His HONOUR—Does it appear in the answers that Mr.
Strange asked Mr. Judge how he obtained the etchings?
Mr. WARREN—No, Sir, it does not.
The SOLICITOR-GENERAL referred to the judgment of
Mr. Justice Willmot in the case of Bridgenorth
v. Green, which had reference to obtaining, by sur-
reptitious means, a portion of the revenues of an estate.
In that case his Lordship said that restitution must
ensue, since the defendant had obtained the property by
unfair means—the source was polluted. A similar re-
sult must follow in this case. The statement that Mr.
Strange did not know how Judge obtained the etchings
could not be believed. He knew that it was untrue when
he put the statement down. Mr. Strange said he
entered into the arrangement with Mr. Judge "pro-
vided it is not offensive to her Majesty or Ptiuce
Albert." He must have known that Mr. Judge
aas not a likely person to be particularly
favoured by the Court, or to have ready access to the
private apartments of her Majesty. If the defendant
and Mr. Judge really wished to obtain the consent of the
Queen and Prince Albert to the publication of the
etchings, why did they not seek it before the appear-
ance of the paragraph in the Berkshire paper? The
catalogues were doubtless sent to the various members
of the Royal Family in the belief that they would be
thrown into the waste-paper baskets, and not receiving
a reply, that they might be enabled to sayjhat they had
obtained the consent of the Royal Family to the publi-
cation of the catalogue, or that the Queen and Prince
Albert might be induced to avoid the unpleasantness of
having their etchings exhibited to the public by a pecu-
niary consideration.
His HONOUR said no man in his senses could believe
that Mr. Strange did not inquire of Judge the
whole particulars of how he obtained the;etchings.
The Learned SOLICITOR-GENERAL concluded a most
ab:e rpeech by expressing his conviction that the Court
would retain the injunction, and also stating that it was
the desire of her Majesty and Prince Albert that his
Honour would only give to them the same measure of
justice that he would award to the lowest of her subjects.
Mr. Sergeant TALFOURD followed on the same side,
and had nut concluded when the Court rose.
The arguments will be resumed to-morrow at' the
sitting of the Court.

FRANCE.

Count Mole has addressed the following letter to
;he Mouiteur

" M. le Redacteur,—Not having been able to attend
the sitting of the National Assembly on Saturday last, I
have recourse to your columns to declare that I should
have voted with the minority on the decrees relative to
the organic laws. Notwithstanding my great respect
for the decisions of the National Assembly, I am con-
vinced that it is mistaken in this circumstance as to
the nature and bearing of its mandate. Ido not
think that it has the right to delay putting the
whole Constitution into execution by prolonging its own
existence beyond the term fixed by those who elected
it. I consider, in fine, that the majority of the laws com-
prised under the vague and and arbitrary denomination
of ' organic' do not merit more than many others, and
that these laws would be more naturally the work of the
ext cutive and legislative powers which the Constitution
has created than of a Constituent Assembly, the spocial
and high mission of which has been now accomplished."
At the sitting of the National Assembly yesterday,
M. Ducos presented the report on the project of
Decree for proclaiming the President of the Republic.
The three first articles were read by the President,
and adopted without discussion. They were as fol-
lows :
" Art. 1. The minutes of the election of President of
the e Republic, addressed from the departments to the
shalt ascertain47tharticleOctoberßefore
ehothat they are entire, and immediately
successive examination of all the returns,
the Committee the operation shall be termi-
natedtional Assembly, which shall
present its report to the Na-
" Art. 4. In casell thhe hraelot;pronounce e uBp6odneiptawrtimtheonutst
and an the
_adjourning.
candidates at least
should have given one
even absolutesupposing
it3imajoriltly of all the
2,000,000 of votes
of Algeria should have voted aggainstt
htL,thteheelectomrs
suffrages expressed,