The Sun.
London, England, 1851-08-07 00:00:00

VICE-CHANCERY COURT, Aug. G.
(Before Sir J. L. KNIGHT BRUCE.)
BOOSEY V. JAMES.—" LA SONNAMBULA."—COPYRIGHT.
Mr. CAMPBELL, with whom was Mr. J. Raymond,
moved for an injunction, restraining the defandant, Mr.
W. M. James (of Paternoster-row, and of Argyle-street,
and the proprietor of the Pianista, or Italian Opera and
Promenade Concert Magazine, of pianoforte and vocal
music), his workmen, servants, and agents, from print-
ing, publishing, selling, or disposing of, or causing or
procuring to be printed, published, sold, or disposed of,
any copy or copies of the ten principal airs from the
opera called La Sonnambula, composed by Bellini, or
any of them, or any part or parts thereof, in infringe-
ment of the plaintiff's copyright in the said airs, during
his term, or until further order. The plaintiff alleged
that he became proprietor of the musical copyright in
the airs in question in June, 1831. The airs in
question were:—" Tutto a gioja tutto e festa," cava-
tins; 2d,,: " Come per me Sereno," recitative e
cavatina; 3d, " Prendi rand t'io done," ecena c
duetto; 4th, "Vi raviso e luoghi," cavatina; sth,
" A fosco cielo a notte;" 6th, " Son- G-eloso del Zefiro
errante," duetto; 7th, " Oh come lieto a it popolo;" Bth,
" Tutto e sciolto oh die f unesto;" scene, and aria, 9th,
" Ah non credea ;" and 10th, " Ah, non giunge uman
pensiero ;" that these airs had been registered at Sta-
tioners' Hall at the same time' and that they were then
for the first time published in England, or (as the plain-
tiff believed) elsewhere. That, in 1844, he received
notice of the infringement of his copyright by a music-
seller in Holborn; that the action " Boosey v. Purday,"
was subsequently tried and argued, and judgment was
pronounced in the plaintiff's favour in all the issues ex-
cept the second and third, which related to the property
in the copyright and its continuance; that subsequently,
the plaintiff's copyright in several of the airs was in-
fringed by other parties, against whom he had been
successful at law; that the defendant denied the plain-
tiff's title to the copyright of a work composed by a
foreigner residing abroad.
His HoNoun observed that the subject of foreign
copyrights was one on which the Courts had not been
very harmonious.
Mr. C. HALL, for the defendant, submitted that the
plaintiff's title was a serious question, which ought first
to be tried at law. Ho was instructed that the airs had
been publicly exposed far sale in the shops at Milan, and
had been in common use at private houses. To grant
an injunction would do much more injury to the defen-
dant than to the plaintiff, should it ultimately appear
that the latter had no legal title to the copyright.
The VICE-CHANCELLOR,, without calling on Mr.
Campbell for a reply, and having been referred to "Cox
v. Strange," and " Boosey v. Davidson," said all honour
and morality are on the side of the plaintiff here. The
question is one of strict law. That is the point I have
w decide. Into neither of the other considerations do I
enter. In my opinion, there is so strong a probability,
in point of fact, and of strict law, to say the least, in the
plaintiff's favour, that on his giving the usual undertaking
as to damages, I think he is entitled to the injunction. I
am surprised that any man should be found willing to
take a point such as this to enable him to invade the
property of others. The plaintiff undertaking to abide
by any order which the Court might make respecting
damages, and bringing the action within three weeks,
let the injunction go. Mr. Hall, you require him to
bring the action? Mr. HALL—Yes, sir.
His HONOUR—Let the declaration be delivered within
three weeks—you consent to accept it within that time.

ASSIZE INTELLIGENCE.
HOME CIRCUIT.—Lewes, August 5.
CROWN SlDE.—(Be.ore Lord Chief Justice JERVIS.)
John Payne, 11, a led of inoffensive appearance, was
indicted for the wilful murder 'of William Gibson, by
stabbing him with a knife.
Mr. Johnson prosecuted; Mr. Clarkson was for the
defence.

The Learned COUNSEL, on opening the case for the
prosecution, said it was a very painful position for him
to appear as prosecutor of a lad of the tender ago of the
prisoner, and especially when the charge against him
was of such a very serious and dreadful character. He
was fearful , however, that the evidence he should lay
before them would leave no doubt that the unfortunate
boy who was stated in the indictment to have been killed
did in point of fact meet with his death from the act of
the prisoner, and the only question for the consideration
of the jury would be whether that act amounted to the
crime of wilful murder, or whether it could be construed
as one amounting only to manslaughter. He then pro-
ceeded to state the facts of the case, and it appeared that
on the evening of the 14th of June the deceased, who
was a lad about 13 years old, had been sent by his
mother on an errand into the town of Hor-
sham, and as he was going over the cause-
way near the church, saw the prisoner sitting upon
the ground with one of his boots off, and in the
act of sharpening a penknife upon the atones. What
actually cccurred prior to any assault having been
committed did not very clearly appear, but almost im-
mediately the deceased exclaimed to the prisoner,
" You have done it now—you have stabbed me," and
began to cry. Tko prisoner upon this said, "I have
nut hurt you, have I ?—don't cry." Some persons then
came up, end on the deceased again saying that the pri-
soner had stabbed him, the latter said that the deceased
boy bad struck him in the face first, before he touched
him. The unfortunate deceased was taken home, and it
was discovered that he had been stabbed in the chest,
but the wound began to heal, and at first it was thought
that nothing serious would result from it. It turned
out, however, that the liver had been injured, and an
abscess subsequently formed in that organ, and the de-
ceased died on the 25th of June from the injury he had
received.

---These facts were shortly proved in evidence, and in
addition a statement made by the deceased boy a
couple of days before his death was put in, in which
ho stated positively that he gave no provocation, but
said that after he had passed the prisoner, while be
was sitting in the position described, he got up and
followed him, and that en his coming up to him he deli-
berately stabbed him with the penknife that ho had been
sharpening.
Mr. CLARKSON made a most feeling appeal to the jury
on behalf of the prisoner, observing that he felt it would
be idle to endeavour to save him from a conviction for
the crime of manslaughter, and the only struggle he
should make would be to endeavour to induce them to
come to the charitable conclusion that there had been
some struggle or scuffle between the prisoner and the un-
fortunate lad who had lost his life, during which the
fatal injury had been inflicted. The illegal act of using
a deadly instrument under such circumstances would in
law undoubtedly amount to the crime of manslaughter,
and of that offence ho submitted that the prisoner must,
follow and considering
upon
hls c
ot ah
vei
ctconviction
o
at all events, be convicted; but he did hope with some
confidence that,
looking at the tender age of the prisoner,
dreadfulf the ° crimensequ eonf c ems
utrdhaetr,
theyght
would feel that they were justified in saying that the act
of the prisoner amounted only to manslaughter.
The Learned JUDGE, in summing up, said that the
present case was, undoubtedly, one of a most painful
character to all parties, but at the same time they must
take care that the law was carried out with integrity,
and that a verdict in no case should be returned except
in accordance with the sworn testimony in the case. It
was his duty to tell them that by the law of England
every act of homicide was looked upon in the light of
murder unless the circumstances connected with it were
such as to reduce the crime to one of lower magnitude,
and the question for them to consider was whether
there were any such circumstances in the present case.
There certainly was no evidence to show in what manner
the transaction first commenced, and it the jury should