Star.
London, England, 1826-01-12 00:00:00

MERLIN V. ABBOTT.

The plaintiff is a teacher of French, and brought this
scion to recover a Wm of upwards of 701. for lessons
given to the defendant's 'daughter. Thera• was no de-
fence: but in consequence of Miss Fanny Abbott, the
young Lady, not appealing on her subr.cena, the plain-
tiff was unable to prove the number of lessons, and was
therefore obliged to submit to teceive a verdict with
3a.damages, being the sum which the defendant,
ithout however disputing the correctness of the plain-
tiff's demand, had promised to pay an the only occasion
on which the plaintiff's attorney had seen him.

D4I6IIIIOIMS OF LIARRIETTZ WILSONeSTOCKDALE V.
ONWIIYN.

Mr. F. Pou.omt opened the pleadings. The plaintiff
was possessed of the copytight of a work calle.l Me-
moirs of Harriette Oiisou, which the defendant had
pirated, by printing and selling divers copies ot the work.
Alr. BROUGHAM said the action was brought by Mr.
Stockdale, a bookseller and publisher, to recover a
compensation in damages for the infringement of his
copyright in the book whiclr his Learned Friend had,
iist named. The Jury were aware that several Acts
had passed, and particularly the 54th of the late King,
tr,r the protection of copyright. The 54th of George
ILI. gave to persons, si hose copyright was invad d, the
right of action. Alt the plaintiff in such a case had to
&to was to slew he had that tight, and it it could be
proved that another had pirated it, the light ot action
was given him as the means of obtaining damages.--
He should be able to prove the pit acy in this instance.
Tie very
.title-page ot the wink published by the de-
fendant sheaved it was a copy verbatim. It stilted that
the work, originally published at seven shillings, was
sold by the defendant at four shillings. The object wa,
to thew' the work was sold by Mr. Stockdale at seven
ahillings, and that, the defendant • lisd published a fru.
siorile, which he sold at ftAir shillings. Ay. Onwh}n
did tint deny the copyright sv.is. with Mr. StockdAle,
bat, he said, true it is I have been Suitt} of All elegdi

act, but I have also been guilty of another clime. which
will not permit you (the plaibtifl) to recover:in your
action—some parts of the work ate libellous,-ani some
licentious and indecent, therefore you cannot sOpport an
action founded upon right in such a work.' A more
indecent defence coold not be set up. Was p man to
avail himself of the licentiousness of a won for the
purpose of injuring another ? It might be conceded that
it was an indecent work, but the Jury should beware
hbw they suffered his Leas ned Friend, Mr. Scsrlett, to
run away with their season upon that point, because
the best way to propag lie the indecency would be to
encourage such offences. Let Mr. Onwityn sell it at
half price, and the indece cy would find a wider circu-
lation. W:;h respect to the work containing indecent
matter, he could only say it had been published one
year and no indictment had been preferred against it,
therefore it was not declared a libel.
Tee Loin Cum Jusries.—lt has been here, Mr. Brougham.
Not this number, my Lord. The question was upon,
another number. Nothing libellous had been proved
against the work, and it would be remarkable if the
deience to be made could succeed. As his Learned
F. lend would not allow him an opportunity to address
ilie Jury again, he should remind them that it had been
held in another Court (Chancery) that works of that
kind were not the subject of prosecution. An objec.ton
was taken in the Court of Chancery, in ex-parte Murray,
and the Lord Chancellor said, the question being one
that related to an irreligious work, he could not inter.
fete, but left the party to his remedy at law. That
decision certainly could not interfere wi.h the 'Wit to
support this action.
The Loan Cum, Jessica—There is no such authority wanting
in this cause, provided it be such as is described.
Mr. BROUGHAM then said it would be hard, in his
opinion, to say, if these should be one or two loose pas-
sages in the work, that it was a licentious book, and
therefore an action could not be sustained. Some of
the best works in the English language sv,:uld be found,
if examined n;cely, to contain licentious passages.
Some of the ancient writers, and many of the most
esteemed modern author., would have no protection
against publishers, if their works were to be too closely
examined. He should not mention Ce names of books,
but only remand the Jury generally, how mail excel-
lent books aould be unprotected, in case the defence
offered that day could be supported. It would only be
necessary for him to prove the right of the plaintiff in
the work, and then he should be mititled to a verdict..
Mr. Jeremiah Box Stockdale, the son of the plaintiff,
said, he assisted his father in the business of a bookseller.
The %fitness had the manuscript of he Memoirs of
Harriette Wilson. He had seen the book often in the
possession of his father. It was printed, published, and
sold by his father, who corrected the press. It was first
published by his father (manuscript produced). He did
not know who wrote it; his father had written in it; lie
did not know that his father was a Member for the Stip
pression of Vice.
Wiliam Smith practiced the Memoirs 4' Harriette lawn, pur-
chased on the 6th of March, from Mr. Onwhyn) in his shop.
Cross-examined by Mr. SCARLETT—The book was
the life of a woman of the town (a courtesan), and de-
scribed her lovers. In page 121 there was a passage
respecting Miss Wilson meeting Mrs. Porter. Mrs.
Porter said she would procure Harriette Wilson forl2o
guineas. In page 129 there was an account .of. the
interview of a person named Julia with a Mr. Cotton.
Some parts of the book were indecent. It mentioned
the names of many distinguished persons. In page 8
there was a statement that a father eodeavourici to pm-
vail on this girl to live with his son. .
Mr. SCARLETT, in directing the attention
nets to the passage alluded to, said, "I will not mention
the name. 1 will not do as Mr. Stockdale hat dons :
invent a falsehood and attach a name to it, in.order to
give it circulation."
His Lamour then addressing Mr. Brougham, observed, he
was clearly of opinion, that the book in question was one in which
the law would not allow any man to have a right. The law will
not recognise this work, which professes to be the history of a
Courtesan. _ . .

Mr. &ALUM said, that very point had struck him, and he
should ham mentioned it, to save the literature of•this country
from a general slander.
The Loan Cintr Josmes—Call the plaintiff.
• Mr. Baotramx intimated that he shouki move to set aside
the summit.

The Loon Cuter Jones said that course was °p.n.
The plaintiff was then nonsuited.

LONDON SESSIONE.....TheSe Sessions commenced yes.
terday, before the-Right Hon. the LORD MAYOR, R.
CORWIN, Sheriffs, &c. The Court were occupied nearly
the whole of the day in swearing the Members of the
Court of Common Council, Police Officers, &c. after
which the Grand Jury were sworn, and the RECORDER
delivered his charge to them. Several cases of assault
were disposed of, none of which possessed any interest.
A CHRISTENIND—Sanday, the Rector of a Parish in
Somersetshire was duly apprised by the clerk that there
was to be a christening after the service ; and at the
appointed hour the Clergyman repaired to the font,
where he found two men and tao women, all of whom
had long ago reached their «years of discretion," hut
alio, on this occasion, proved their deficiency in ;ano-
ther faculty of the mind; for, when the Clrrgynt in en-
quired upon which of the party he was to pet form the
ceremony ? one of the men turned round, and with a
most sagacious look, esclaimed, " Dan; U. Dame, if
we hin't deft the child at whom !''—The Dame's re-
.spoir e was, "ZO we av, zure enough!" and the Clergy.
man was obliged to.wait until one of the party brought
the child from a neighbouring farm-house.

An Inquest was yesterday held ai the Red Lion,
Prince's-street, Westminster, on the bodies of the two
unfortunate young men who were drowned by the break-
ing cf the ice on the Canal, in Si. Ja me,'s P., k, as stated
in our last; when, after an attentive consideration of the
cases, the Jury returned a verdict of Accidental Death.
Neither of the bodies have been owned.

An Inquest was yesterday• held at the King's Head,
Chelsea, on the body of the Rev. J. Bfoa n, an Ameri-
can Loyalist, aged 78, lately re.iding in St. George's-
row. Mrs. Pether, housekeeper to the deceased, de-
scribed him as being very feeble. Sunday forenoon she
was alone with hits in the house,.and haw i tig quitted the
town to prepare for dinner, she on her return found him
lying on the stove; she instantly drew him off, and
emptied two pitchers of water on his burning clothes:
he then revived a little, and she iirocured aid.
Mr. Perry, a surgeon, sai he ach.inisteted the usual
applications to the nolo' tunate- Gentleman, who ap-
peared sensible, but incapable of speech. Ar; latt
;lic deceased %idled to imputeasegligence to the hou-e-
-keeper, to whom he had bequeat!eed his propert„•wh;ch
appeared to be only about 291. the whole of hi, incume
being an annual pension al PAC from (i.avernment, but
the Jury warmly repelled the assertion, and teturned
L net Jict of Asciti.ntal Death.

POLICE INTELLIGENCE.
—Aso—
GUILDHALL.
1 Since August last, Mimes. Wiltshire and Massey, Manchester
' W arelsow.emen, in Cbeapside, have been missing cottons and prints,
p 'sometimes a dozen pieces in a week; Harrison, the Marshalman,
, watched the premises without effect for some days, and several
persons were dismissed, but the system of robbery continued in full
activity until last week, when a Nina. Johnston, of Great Sutton-
street,called anti informed Mr. W that she had discovered her lodger.
i a Mrs. Morris, a fortune teller, had been in the habit of receiving
, goods stolen from their warehouse, by Mrs Buchanan, their conk
' and housekeeper : that Mrs. Morris told her she used to fetch the
/ goods away wrapped round her body under her clothes; tear the
pieces into lengths for garments, pledge the kngths at different
pawnbrokers and burn the duplicates. Morris and Buchanan were
. in consequence apprehended, and in the apartments of the former,
fifty-six duplicates were found, but non: of them tutned out to re-
late to the property stolen. Mondry morning, Mr. Wiltshire and
, his partner called on their housekeeper in the Compter, and en-
quired what had become of half a dozen silver spoons, and two
table cloths? She replied, they should be restored to hint, as alms
two sheets, which be had not missed. Here he was called aside
by the Governor of the Prison, who cautioned him against urging
the prisoner to further confession. Ott that and the following
evening, some man, unknown, brought the articles in a parcel
directed to Mrs. Buchanan, which he left at the Compter, without.
saying a word, and the property was subsequently placed in she
hands of the Officer for Mr. W. Mrs. Buchanan had stated to the
tutek.-ys that she had lent these articles.
Mrs. Johnson repeated her statement before the Alderman, and
said Morris had an extraordinary influence over her own sex, and
nothing could withstand her insinuating address. She had nearly
stripped her of her property, and although she earned by fortune-
telling more money in a day than she had to support herself and six
children for a week, Morris always appeared to he in distress; she
used to receive money or goods indiscriminately in payment, and
she once saw a young Lady send her gold framed eyeglass off her
,neck to the pawnbroker's, to raise 10s. for the pr.soner. Sometimes
she dealt in charms, one of which had the reputed virtue to enable
the possessor to command the gratification of any wish whatever:
it was-composed of powdered coal, and the drug called dragon's
blood, well saturated with lavender water, and sewed up iu flannel
shaped like a heart. This was to be worn next the skin.
Mr. Payne, the Batrister, on the 'part of the prosecutors, urged
the committal of the prisoners—Morris on her confession to her
landlady, and Buchanan on her confession to her master Averting
the spoons. They were again remanded.