Star.
London, England, 1825-06-11 00:00:00

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COURT OF CIiANCKRY, JUNK 10.
- was occupied the whole of this nyantnit...upon the
application application for an injunction to prevent
Abernethy\ Lectures in the Lomat.
Smacima-Gmossat., Mr. Rum and Mr. DI:morons:1,
'atd in support of the injunction, contending,
.upon pain-
ich have been repeatedly urged to t!le Court upon former
of this subject, that the Lecturei delivered. by Mr.
his pupils, were his exclusive property, and thtt fur
:e notes of them, and to publish them, was vinlali.g
literary property, and a breach of confidence as well
The Learned Solicitor said he should refrain front
question at large, on account of its haviug under-
, consideration already. Ile, however, did go a good
into it, for his speech occupied about two hours and
. course there could not be much of novelty in the
reasoning upon a question as to the exclusive proprietor
.ry property. Has principal obj appeared to be. to
....Kate oral lectures to that species of tangible property wart
consisted in the copyright of alllttl•Clipt or printed publicatate.c.
. Mr. Manx commenced his argument on the Other side, on the
part of the Proprietors'of the periodical pamphlet, called the
Lancet, and had advanced to some length, when the Lord Chan-
cellor, seeing MP. Brougham at the bat, observed, that he should
'be obliged to go away tfetween two and three o'clock, for the pier-
'.pose of attending at the House of [cords, wtiere there was a Com-
mission. It was a courtesy he always observed towards the Clem-
Camp who attended him front the Common Law Courts, When a
matter could hot he concluded in one day, to call upon them to fix
when it would be most convenient to themselves to be hoard.

Mr. 13itousiniu said nd tithe 'could be more convenient 'to him
than 4se present moment.
The Loan enascsxxoa then desired him to proceed, saying he
would give him an hour.
Mr. Bisonasiaar then commenced a speech distintulsksed by
humour as well as argument. He observed, that the •arned So-
licitur-General bad wished to consider the grounds of trust and eon;
tract.apart front that of legal property. He (Mr. Brougt.ani) could
not sever those two grounds from the legal question, when ap,slica-
don was made for equitable relief. The Learned Solicitor's argument,
that there was a wrong, and therefore there most be a retn:cly—
might do in a Court of Law • but it did not follow that there was
no wrong without a remedy in a Court of 1' city. lie (Mr.
Brotigham) was trot well versed in the practice of this Court, but he
knew that it decided upon certain rules. If a copyright were in-'
waded, fit injunction would go forth, because there was property ;
and Courts of Equity had held that brilliant thoughts and glowing
ideas constituted a ?Masi property iu their author. But there
must be proved to be some breach of trust : the *Miry rti trust
brought his complaint against the trustee, not merely because a
wrong bad been done, but because there was property. Trust
was out of the qiestion unless there were property—not merely
an idea, a glance, a joke, but known and recognized property.
Mr. BroUgham then referred to the case of .1 De Bas and Beres-
ford," before Lord Elienborough, where the subject of complaint
was a libellous caricature; his Lordship observed, that ke thought,
upon application to the Court of Chancery, the Lord Chancellor
would restrain its publication. This monstrous stretch of the law
of libel was tacitly -oersted to by the bar, from a habit, observed
Mr. Brougham, which Barristers have of nodding at what falls
from the Bench. I nodded with the rest, but my Learned Friend,
Sir Vicary Gibbs, whispered, there was no doubt the Chancellor
would do no such thing. if this new law of libel had been intro-
dnced, a man who heard a squib was to be published in the Newts-
papers, would apply on the previous day fee an inklaCtiOn. to restrain
,the publication. " But," contintiod Mr. Brougham, " the Solicitor-
General asks, has a person a right to go to the Exhibition, pay
though the price, remarked MI. Brougham is but I s.—(The Solicitor-
General here observed," 6d. for a catalogue"), and copy any picture
there—Mr. Hues for example? But if a man has a property in. his
picture, be has a stronger property in his face; that may be fairly
tailed personal property—(alaugh),;—but if I speak in public, and
a man takes a copy of my fat.e..auti that copy, unluckily for me,
happens to be vent. accurate (for.some people -4o not like their
fates to be accurately drawn), I may regret tilat the likeness is so
good ; but should 1 be justified in asking this Court to issue as
injunction to restrain the picture-shops from exhibiting
loud laugh, probably from supposing that an allusion was here
made to a caricature of Mr. Brougham 10 the picture-shops of
London, in the dress of an old broom-woman) —" See," conti-
nued Mr. Brougham, 4to what absurdity this ducally leads.
if this Court is to interfere, it is not to protect. Mr. Abernethy as
a lecturer—he is no mote appointed to lecturethan to kill.-nor as
a surgeon. I speak with reverence of this bet, in the bearing
of surgeons enough to amputate the whole Court—( A las4h).—
The Learned Gentleman then observed, that the Solicitor-General
had repeatedly tailed their attention to this dilemma--either I am
right,or there is no literary property. He put this in a variety of
shapes, and a new horn appeared every time. lie assumed that in
this use property existed somewhere:le (Mr. B.) maiutained there
was no property; that was the very ground of deftnce., The sub.
jest of this suit was an airy, evanescent shadow ; tbeftersts on pro-
perty. Science was great aped important; but there were other sub-
ordinate literary matters? What was wit? what were jokes -and
epigrammatic touches? If a man uttered a good joke in the street,
could the person who heard it be restrained from telling it to
another? Then a look, or peculiar glance, which often constituted
the true humour of a story, should it be taught by a Quin, or other
stage hero, must be protected by Chancery. So that bills must be
Sled, not only to protect jokes, but the very looks which recant..
mended them. In the case of " Hiller and Taylor," Lord Mans-
field, a strong advocate of literary property, limited his opinion by
an expression which seemed to contemplate inch a case as the
present. " variation of any one of the terms may, and the
variation of some would, change the decision. Every case will
stand upon its own particular ground." Mr. Brougham terminated
his speech by expressing his regret, should science be injured by the
decision in the present case ; but there was another scvenix, that of •
law and malty, which should he defended. Ile thought it desir-
able that public lectures should be more accessible than they were ;
and he concurred in opinion with Mr. Justice Yates, upon whose
character he bad passed a high eulogium, concluding with the
Learned Judge's words—" I wish, as sincerely as any man, that
learned persons may have all the advantages they are entitled to; but
If the monopoly claimed be contrary an the great: laws of property
to law, add to equity, and if it contradict the principles of justice,
and emir oil soci-ty by contention, disgust liberal 'Mack, and strip
the public of their rights, I will assist in establishing no suck,
proposition."
As soon as Mr. Brougham ended, the LOltD CSANCZLLOL desired
the case might proceed to-morrow (this day).
TIIIS DAY.
THR LANCET.-•-•ABERNETtIY V. MUTCUINSON•
The Court was this day again crowded by Medical Grinlemen.
The•Loao Cuancu.Loa took his seat on the Bench at ten o'clock,
and Mr. Moans proceeded to argue against the granting of the In-
junction. He was followed by, Mr. Siaanwau. on the same side.
Ilse Soxamma-Gansu.st has still tot, consequently jit•lgment
cannot be given before Tuesday, as the Loan CHAU:NUNS is under
the necessity of rising at two o cloak.

STOCKBRIDGE RACES, JUNE 9.
Sweepstakes of 50 suds. each, b. ft. for three yrs old.—New Course.
Mr. Shard's Hougounnint . . . 1
Mr. Wyndham's c. by Granicus . . 2
Lord Grosveuois Achilles .•
3
The Coronation Stakes of 2!l soy+. each, b. ft. for three yrs old.—
New Course.
Lord Palmerston's b. c. Grey
Lord Grosvenor's Achilles • .
A good race.
lIAIGH PARK R.IOES, LEF.DS, JUNE S.
One Hundred sows. given by the town of Leeds and neiko.hui.ibood,
for three years old and upwards.
Mr. °wolves hi. m. Elizabeth, 4 yrs old • . 1 1
Mr. J. Ferguson'a Don Antonio, 4 yrs old . 2 S
Mr. Wyvill's b. g. Astonishment (late Debonair), 6 yrs 0 5
Hon. E. Peter's b. c. LortrJohn, 3 yrs old . 4 4
Mr. Armstrong's b. c. Alfred, 4 yrs old 5 ' 4
Mr. Burton Peter's eh. h. Bugle, 5 yrs old . . 6 4
The Beamham Stakes of 3o soy. each, 10 sue. ft.
Sir J. Dynes colt, Trinculo . . . .
Mr. Uppleby's br. 1. Camilla, 3 yrs old t
Hon. IL !tire's b. c. by Comus. 5 yrs old
Silver Cup, valise 25 sot. given by the Pronsoteet *Mott en a threorp.
stakes of 5 sot. each, fur half-bred horses that have been resu-
tarty hunted with the Brarnham Moor. •
Walked over by Creeping Jane.
TIIIII:SPAV.
The Gold Cup, or a Piece of Plaw, value 100 sovs. by Subscribers
of 10 setts: each, with SO saes. added ; three } ear olds, bat. 6:b.
four, Bet. 21b. five, est. IOW: and aged, .Ist. Males and schlai.st
allowed Sib. A winner of the (.:p at York or Manelleuer, this
year, alb. extra. I bo it two miles. *ro start at the wintlentia..ir
Mr. Petre's ch. c. Cute-y, four year( old 1
• •
Mr. Gascoigne's hl. I. Elizabeth, four years old .
Mr. Ilaworth't gr. m. Nuncio, Ott years old ;
Lord Fitzwillbur's b. e. Whislierandos, four years old . 4
10 to 1 upon Whibk...randos.

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