The New York herald., 1845-10-15

in North River Insurance Co. effected Tor $aoO0 IN the
don't see how can lot II in at this stage OF
the We have got enough Of this for the present
Broome and the fire; saw woman at the times
she had lighted candle; commenced taking up the
ca rpet and the said nothing about the carpet
did not see any shavings there; this in the
kitchen, with knife; stood at the foot Of the stairs
peeped through door in tLe first floor, and shaw
ings FIRE; there other women there; the two
they came hack and spoke to the woman
saw the beds there the night of the fire.
PErER r. wARsxn testified that he was Secretary Of
the North River insurance Company A person len a
not the i, pr prisoner Witness was withdrawn. r''''
ALBERT WILLIAMS sworn-Testihed he saw Mrs. H.
the night Of the are she was dressed in calico dress
Mr. SMITH here stated they intended to argue that Mrs.
Haughtwou the wife, had she acted under the
cion Of her husband. could not be held to answer.
Mr. objected until the testimony had first concluded
Mr. smIrn-it is in testimony on part Of the prossou
ton. Adjourned over to loi this forenoon.
The Celebrated Butler Correspondence.
Before the Vice Chancellor.
motion to dissolve the junction in this case was
ed this morning by f. W. Stoughton, Esqr, counsel
tor W% I'm rSyes one o. the tn The first ground
not the subjects Of copyright or literary property and
were not within the meaning Of the law literary compo
that the Court of Chancery would interfere to restrain
by injunction the any pated work except
upon the ground that the author OF such work ent
tied to the exclusive literary property therein. He then
referred to the of Gee Pchad decided by Lord
Eldon, and to the Of Wemors scovell, 3d. Ed
wards Chancery Reports. When bill was fled by
Wetmore to restrain the publication Of certain letters
written by him to Charles F. MITCHELL the Member Of
Congress who was tried and convicted Of forgery some
years since and whowas promised aid by scove slamn
and others, to relieve him. possible on condition Of
that these letters upon purely private and conden
a matters and that they had been addressed ed to Mitch
kept, and their contents not disclosed That in violation
of this trust he had delivered them to Samn and
had
called the Nep Era and aora The bill prayed for
injunction which the Vice Chancellor refused the
the meaning Of the law and in which the complainant
could have an exclusive literary right.
that Judge Story had decided there distinction be-
tween private letters and those of public concern but
es and the decision Of his Honor in the case Of sco-
will Wetmore Upon this ground then the counsel
class Of letters entitled to protection on the ground
that they were literary composition the authors Of
Their class were entitled to no such protecon-and the
counsel insisted that the letters in question belonged
the latter Glass; in which the author could not have any
literary property.
Mn. SToUoHroN then stated that it was difficult to
define with accuracy the difference between class
of letters and the other state with clcarness what
those literary characteristics were, which gave the
stamp of property to composition and gave the author
the exclusive right to publication-thst general
rules however, might be laid down to guide the Court
to conclusion-but it seemed very clear that where
letters passed between friends upon subjects purely
sona describing character and pecuarities OF their
business OF their family domestic relations, &c they
could not be claimed literary compositions So too
where the letters disclosed schemes for profit
aggrandizenent for the obtaining OF Office by DIS
honorable meanso political chicanery it absurd to
contend that they the elements literary pro-
perty that to constitute literary property in compost
on it should treat of subjects calculated to amuse or
instructor benefit the public large that many familiar
letters written 10 friends were OF this description those
Of Chesterfield 10 his Son. those Pope Swift and Others
all of wh.ch were entitled rank high as literary COM
the letters in the book with but few exceptions they
would be found destitute of all attributes necessary
principally from Van Buren, Butler and others, which
described their personal views and movements and
purposes in obtaining Office and emolumens. aud dis
closed mass OF corrupt political machinery all AIM
ing at the accomplishment Of their various selfish plans
ut there were some exceptions to this among the letters
found the book that among these the letters writ
ten by Mr. Bennett who appears to have been honestly
and fatty labong to establish the benefit
IT that political party for whose had been
boring for many years previous; that his plans and
views detailed in his letters in bold, strag
ward amer the way he proposed to accomplish
and in doing this, he following the leg mste pro-
Of the editor of desirous to procure
for that which furnished him living There
we're other exceptions, none OF which, however, could
was not entitled to the exclusive copyright in them, be-
cause they generally Of demoraiizing character
rhe learned counsel then cited several cases. among
which were two, Of which brought to restrain
pated edition OF Don JUAN and the other restrain the
publication OF an edition of CAIN where the Lord Chan
works of an immoral and injurious tendency. Tho
Counsel then read some Of the letters from the book.
ny the Vice Chancellor who called upon MR. Hail. the
counsel for the complainant and asked him if he relied
lions in which the authors had right OF property stat
ng as his opinion that they were not and that no
copyright could be taken out for them.
Mr.. HALL, in reply stated that he relied upon the
right OF property and the ViceChancellor then inmat
ther proceed with the argument of that part of the
The counsel for the defendant then proceeded and in
sisted that admitting the right OF property these
Mr. Hoybeing the receiver oa considerable
number OF those letters could not claim to them
right Of property restrain their publicatonand that
such right property belonged to the authors and that
by sending the letters they had parted with that right
that the receiver acquired right except to read and
keep the specific letters senthat he, receiver had
right to publish COPIES and therefore, had right to
restrain others from doing what he himself could not do
MIR SrorcHroN then said that independent o all other
grounds considerations of the highest public
demanded the publication OF these letters they
were written by men who had been, and some OF whom
were still high in office; they disclosed the they
had used to obtain office, and the vile purpose to which
those Offices had been prosttuted when obtained that
the public should know and mark such menthat they
might afterwards know who and who not
worthy of trust and that these considerations fully us
fed tho publication Of these letters and the in
which they obtained, and that Mackenzie had
atonea for many political and moral sins by giving to the
world book like the one in question. Tho counsel in
conclusion stated that his client Mr. Tay lor select
ed as the bookseller having extensive facilities to extend
who printed the work We are sorry that we are obIg.
ed to condansc the learned couners argument so much,
out we must DO SO In order 70 make room Tor ne
man on the other SIDE Suffice TO say that he was LISTEN
ed to with marked attention by the Court and number
OF spectators and listeners, among whom were re- Macken
MIR. J. PnEscorr Hall, the counsel for Mr. Hoyt,
then commenced his Argument in opposition TO the mo
ton tor the dsoving OF the injunction He that
the Court Of Chancery could not in case like this
interfere restrain the publication OF letters obtained
under circumstances like these then the private AFFAIRS
of every might be exposed to the world, and he
would have redress but he conended the court had
power and had been exercised in numerous
instances in this country and in Great Britain He then
cited authority in Story's Report where Judge
story held that the author OF letters OF whatever de-
scrption possessed the right Of literary property in
hem and that such right would be protected by njuns
on though he did not hold that such right would be
protected on the application Of the receiver but Of the
,uhor The counsel then cited the authorities tending
o establish the same point lie then contended, that
hese letters having been surreptously obtained Hoyt
lad right Tor the authors and Tor himself to follow tho
proceeds into whomsoever hands they might 80, ana
that principle he n restrain the publ