The Sun.
London, England, 1845-01-23 00:00:00

CHAPPELL V. PURDAY.

This case was argued last term, the suit being insti-
tuted for the alleged infringement of the copyright of
the opera of Fra Diavolo. The principal facts of the
case have already been laid before the public.
Counsel were heard last term in support of the rule
obtained by the defendant, either to have the verdict
entered for him on some of the issues, or to have a new
trial.

Mr. CROMPTON followed this morning on the same
side. The Learned Counsel said it seemed to be admit-
ted on all hands, that the music of Fra Diavolo was the
composition of Auber, and that it was assigned by him
to Latour, and published in France before it was pub-
lished in this country either by the plaintiff or the de-
fendant. The proposition which he was prepared to
maintain was, that this species of property could
not exist in any one, except an English
author of an Enghgh work, or the assignee of
such author. The decision of the case must depend
either on the statutes relating to copyright, or on the
common law of England. An attempt had been made
by his Learned Friend (Mr. Martin) to put the matter
on some general or universal law of nations, contending
that in all civilised countries such a right must exist.
How could any such right exist, when the law varied
in different countries, and when copyright was given for
such different terms ? The argument, however, had
been principally rested on the common-law right. It
was yet an open question whether any right existed, even
in the case of an English subject, independent of the
statute law ; and that question must be decided before
such a right could be claimed for foreigners. When
Ireland and Scotland were foreign countries, it was a
common matter of complaint that English books,
soon after they appeared in this country, were
republished ; and in the case of Ireland there
WIG a scramble amongst the Irish booksellers to see who
should first establish a kind of right to the publication
in that country. Why was it, if the arguments on the
other side were sound, that the English authors did not
seek redress in the Irish courts? A similar illustration
was to be found in the case of Mr. Dickens,
whose works were republished in America, but who had
never sought redress against the American booksellers.
With regard to the assignment pleaded in this case, how
could that alter in the least the original character of the
work ; or how could the assignor acquire any right
which did not belong to the assignee? Why was the
assignee to be placed in a better position than the author,
or to possess any additional right ? He thought
their Lordships would pause before they recognised
the common-law right in an Englishman ; but
even if it were determined that this right existed, and
that it could pass from one English subject to another
without deed, the plaintiff would still have to show,
either by statute or common-law right, that a property was
recognised in a French publication. It appeared to him
that there was no such right, and that he was entitled,
therefore, to have the verdict entered for the defendant.
Mr. MARTIN said, the point put by his Learned Friend
had been submitted to the Courts of France in the case
of an Italian work republished in that country, and had
been decided in favour of the assignee.
The Court intimated that they would take time to
consider their judgment. The papers were handed up
to their Lordships to assist them in coming to their
decision.

BAIL COURT.-(THIS DAY.)
(Before Mr. Justice WILLIAMS.)
THE QUEEN V. THE COMMISSIONERS OF EXCISE.

Mr. Cooil moved for a writ of mandamus, directed to
the Commissioners of the Excise, calling upon them to
express their assent in writing to a recommendation of
the Commissioner of the Court for the relief of insolvent
debtors, that the sum of 401. per annum should be paid
to the provisional assignee of the estate of Philip Hay-
ward, lately an officer in the excise, and now in receipt
of a superanuation pension of 1201. a year, that sum to
be equally apportioned among his creditors.
The insolvent, Philip Heyward, had been committed to
the prison of St. Thomas the Apostle, in the town of
Exeter. He filed a petition in the Insolvent Court there,
and obtained a hearing before the Circuit Commissioner.
He was opposed by a creditor, and ultimately the Court
made art order that he should pay 401. a year out of his
retiring pension. The practice of the Court was that the
order or recommendation by the Commissioners of the
Insolvent Courts should be transmitted to the Court of
Excise, which might or might not assent to it, in terms
of the Act of Parliament, 1 and 2 Victoria, chap. 110,
secs. 5 and 6, which excepted those holding certain eccle-
siastical benefits, and the pay or pension of military per-
sons, or persons employed under Government, from the
operation of the general vesting order. To bring the matter
more clearly before his Lordship, he would read the
answer transmitted by the Court of Excise to the op-
posing creditor. It ran thus;—" Sir—The Commissioners
of Excise have considered the application made to it,
that a certain sum should be apportioned to the cre-
ditors of Philip Heyward from his superannuated allow-
ance, and they request me to state that the recommenda-
tion cannot be acceded to, as the Court has no power to
stop any part of such allowance." He contended that
the Court of Excise had that power, and therefore it
was that he moved for a mandamus.

Mr. Justice- WILLIAMS did not see how the Court
could interfere, as it was discretionary with the Court of
Excise whether any recommendation, proceeding from
the Insolvent Court, and affecting the stipend or pension
of any its officers, should be acceded to.
The application was refused.
IN TUE MATTER OF OILBERT.

The SOLICITOR•GENERAL said that he understood
an applicati :n had yesterday been made by Mr. Huggins
to set aside a rule which had been granted on an exparte
statement made by himself, in the case of two infants.
Now he thought it was essentially necessary that the in-
fants should appear before the Court, as the question was
one between two guardians, and it might remain for the
children to state in whose custody they might wish to
be. He, in order to avoid any delay, would move for an
attachment against the party to whom the writ of habeas
was directed.
Mr. HUGGINS said that they bad the whole of that
day to make the return to the writ, and it would cer-
tainly be done before night.
His LORDSHIP said, under these circumstances, he
would not interfere, but leave the matter for discussion
before the full Court.

BOW-STREET.—(THIS DAY.)
Two lads, by name Thomas Murphy and John Thomas,
were charged with stealing two pieces of bacon, the
property of James Clark, a cheesemonger, in Museum-
street. _

The prosecutor stated, that at about three o'clock in
the day, on Saturday the 19th, he had occasion to leave
his shop for an instant, and on his return he missed
two pieces of bacon from his counter. On going to the
door of his shop he saw the prisoners running away,
and he then called a policeman, who overtook them and
found the bacon on them.
Edward Barris, policeman E 50, proved that prose-

tutor called his attention to the two boys, and having
told him that he thought they had stolen some bacon, he
seized them, and found the bacon in their possession.
The prisoner Murphy said that he bought the bacon
from a boy in a naval cap, whom he met in the street.
The prisoner Thomas said he was with Murphy, and
saw him buy it.—Committed to take their trial.

MARLBOROUGH-STREET.
(THIS DAY.)

One of the Italian mendicants, about 18 years of age,
was charged by Wm. Horsford, one of the constables
belonging to the Mendicity Society, under the following
circumstances :

Between five and six o'clock last evening the prisoner
had placed himself on the foot pavement in Oxford-
street, and was exciting charity by pretending that he
was in great pain. Knowing him to be an impostor, the
constable took him into custody, and on searching him
found in his pockets ls. 10d. in silver and copper, and in
a small bag concealed in the lining of his trousers there
were 16 sixpences and 13 fourpenny-pieces.
He was committed for one month.

LAMBETH.—(THIS DAY.)
John Pearce, a young urchin of 12 years of age, was
charged with robbing his mother of 3s. in silver. The
father and mother of the lad stated that they had a
large family, and the prisoner was their second child ;
he was continually robbing them, and they had tried
all means of reformation, but in vain. The
father was a bookbinder, and there was plenty of work,
but the prisoner did not choose to do it. He had got
his sen two or three excellent situations, but he never
kept them. The father added that he had even
gone so far as to keep him for a fortnight locked in a
back room without his clothes, but it was all to no
purpose.

kr. NORTON (with the approbation of the father) di-
rected that Cook, the gaoler, should take the prisoner
into one of the cells, and administer to him a severe
whipping with the cat-o'-nine-tails, and then bring him
again into Court.
In compliance with the Magistrate's order the castiga-
tion was immediately administered. The youthful cul-
prit afterwards received a severe admonition from the
worthy Magistrate, and was delivered up to his parents
with a caution as to his future conduct.

CLERKENWELL.-(THIS DAY.)
An elderly gentleman, dressed as a clergyman, and
who described himself on the police-sheet as the Rev.
Thomas Hanbury, of Leicester, clergyman, was charged
with having been found drunk.

Police-cnstable E 165 deposed that, on the previous
night, he found the prisoner in Bernard-street, Russell-
square, drunk, and incapable of taking care of himself.
Mr. GREENWOOD asked the prisoner what he had to
say to the charge ? Prisoner—l have nothing to say.
Mr. GREENWOOD—YOU are fined ss.

ALARMING EXPLOSION AND
DESTRUCTIVE FIRE.

This morning (Thursday) an explosion of a fearful
character, and which resulted in a great destruction of
property, took place in the oil and colour stores in the
occupation of Mr. Bayliss, colourman, No. 149, White-
chapel-road, immediately facing the London Hospital.
From inquiries made upon the spot, it appears that two
lads in the employ of Mr. Bayliss were engaged between
eight and nine o'clock in drawing off a quantity of
naptha from a churn-shaped vessel. Whilst they were
so employed the light they held communicated with the
inflammable fluid. In an instant, and almost before the
lads could escape, the body of naptha took fire, and the
house from the bottom to the top was one mass of blaze.
One of the conductors of a Bow omnibus hastened to
Mr. Crookland, at the Jeffery-square station, and the
engine from that station, followed by others of the
brigade, was very speedily at the scene. By the
exertions of Mr. Braidwood, and his men the flames were
confined to the building in which they originated,
but the work of extinguishing the fire was one of no
ordinary difficulty, the limbs and lives of the firemen
being in constant jeopardy from the frequent explosions
which took place among the ruins, supposed to arise
from a quantity of gunpowder among the stock. Co-
pious supplies of water being furnished to the engines at
work, the ruins were cooled by half-past ten o'clock, but
every particle of property is destroyed, and the house,
which is completely burned through, and in a very tot-
tering state, must be taken down. One of the lads was
rather severely burned about the hands and face, but
having had his injuries dressed at the London Hospital,
he recovered so far as to be able to engage in business
again. Both the house and its contents are insured. The
adjoining premises, occupied severally by Mr. G. Was-
tropp, baker, and Mr. Sewin, cern-chandler, are par-
tially injured by fire and water.

MARKET NEWS.-(THIS DAY.)
HAT MARKETS.

SMITHFIELD.—Coarse Meadow Hay, 31 12s to 4/ 15s ;
Useful ditto, 41 16s to 51 4s ; fine Upland ditto, 5/ As to
5/ 10s; Clover Hay, 41 lOs to 61; Oat Straw, 1/ 12s to
11 14s ; Wheat Straw, 11 14s to 1/ 16s per load. Both
Hay and Straw sold slowly, at our quotations.
CUMBERLAND.—Coarse Meadow Hay, 3/ lOs to 4118 s;
Useful ditto, 51 to 5/ 4s ; fine Upland ditto, 51 5s to
5/ 12s ; Clover Hay, 4/ 103 to 5/ 18s; Oat Straw, 11 12s
to 11 14s ; Wheat Straw, 11 14s to 11 16s per load.
A fair average supply, and a sluggish demand.
WHITECHAPEL.—CoarseMeadow Hay, 31 los to 4115 s ;
Useful ditto, 41 16s to Si 4s ; fine Upland ditto, 5/ 5s to
51 lOs ; Clover Hay, 4/ 10s to 6/ Oat Straw, 1/ 12s to
1114 s ; Wheat Straw, 1114 s to 1/ 15s per load. Trade
on the whole, dull, at but little variation in prices.
=EAT MARKETS.

SOUTHALL, JAN. 22.—The supply of each kind of fat
stack on sale to-day was tolerably extensive, yet the
demand was steady at full prices. Beef, from 3s to
4s 2d ; Mutton, 3s to 4s 4d ; Veal, 3s 8d to 4s 6d;
and Pork, 2s 10d to 3s 8d per Sibs. Supply:—Beasts,
40; Sheep, 1,200 ; Calves, 49 ; Pigs, 53.
ROMFORD, JAN. 22.—Prime stock was in good request
at full prices ; otherwise the trade ruled heavy. Beef,
from 2s 10d to 4s 2d ; Mutton, 3s to 4s 4d; Veal,
3s 8d to 4s 2d ; and Pork, 3s to 4s 2d per 81bs.
Suckling Calves, IBs to 30s; Quarter-old Store Pigs,
16s to 18s ; and Milch Cows, with their small Calf, 161
to 191 each.

liamslam, JAN. 22.—We had, comparatively speak
ing, a steady demand this morning, and prices were
freely supported. Beef, from 2s 10d to 4s 4d ; Mutton,
3s to 4s 4d ; Veal, 3s 8d to 4s 4d ; and Pork, 3s 6d to 43
per 81bs.
ARUNDEL, JAN. 21.—Prime Beasts and Sheep sold
steadily ; other kinds of stock slowly, at our quotations.
Beef, from 2s 10d to 4s 4d ; Mutton, 3s to 4s 6d ;
Veal, 3s 6d to 4s ; and Pork, 2s 10d to 4s per Blbs.
CHICHESTER, JAN. 22.—There was a fair amount of
business doing here to-day, at full prices. Beef,
from 2s 10d to 4s 4d ; Mutton, 2s 10d to 4s 4d ; Veal,
3s 8d to 4s 2d ; and Pork, 2s 10d to 4s per 81bs.
Suckling Calves, 18s to 28s; quarter-old Store Pigs, 16s
to 18s ; and Milch Cows, with their small calf, 16/ to
191 each.