The Cairo bulletin. [volume] (Cairo, Ill.) 1872-1878, 1876-03-15
DANA. TnE LITERARY PIRATE

| $500 INV sbGGRARN PIRATE.
New ork correspondent of the Chr
cago Tunes recalls an incident in the life
OF Richard III. Dana, Grants new Minis
ter TO England, which is of peculiar IN
terest considering the circumstances of
ms appointment. Ten years ago Mr.
Dana was the defendant in a law suit in
which he was charged with literary pi-
racy of the most glazing kind /: he lost the
case, and came ont of the trial convicted
Of the oflcnse of stealing other men :
brains, and attempting to cover the of
Tense. first by downright perjury, then
by taking refuge behind an old Bailey
plea"
Henry Wheaton, the eminent jurist,
died In 1913, leaving a wife and
two daughters. The widow was not rich
and she applied to willis Beach Law
renee. we'll known lawyer, 70 see II
something could not be made by a re-
publication of her husbands works ON
law. Lawrence had been Whcatons
friend and associate, and he immediately
promised to edit new edition of his de-
ceased friends works. with notes and
additions of his own. lie performed his
promise, charging nothing for his labor,
and Mrs. Wheaton roaped the profits
arising from the sale OF the work
About the same time, French edition
Of MIR. Wheaton's works had been pub
hshed Rukepsic, and an arrangement had
Deeir'-&I' between the publisher, Mr..
wheaton ana Mr.. Lawrence, by which
Mr.. Lawrence was assigned tho COPY
right of the work in Europe and in Amer.
lea.
In 1865, it was advertised that Richard
Henry Dana was about to publish an
edition of"Wheaton," and in addition TO
the merits the book would possess,
bring the work of such an able
lawyer as MIR. Dana, 1t would be free
from the secession sentiments which
showed themselves so plainly in Law
rence's annotations to Wheaton's works. |
1t was also intimatcd that Mr.. Seward
approved of Dana's book, and that the |
government would recommend it to the |
use OF government servants rs the only
one tit TO be consulted.
These insinuations aroused the ire of
Mr.. Lawrence. He called on Mr.. Dana
and this gentleman assured him that lie
was getting out new edition of Whca-
ton, "but that he was well aware that he
was hound to ignore all the notes of Mr..
Lawrence, and his contributions, to the
same extent rs if they were locked up in
his desk and had never been printed or
published
The book appeared in 1866, and when
examined by Lawrence he "was dlsap-
pointed and Disguised to discover that,
though it contained much excellent orig
inal matter contributed by Dana, it was.
In plain language, the work OF literary
pirate, and that the edition not only con-
.ained verbatim the additions which he
had made to the text OF Wheaton in
1850, but in some instances his entire
notes without change OF language
Lawrence at once brought suit against
Dana and his publishers, fling his bill
October, 1866. The defendants strenu-
ously protested the innocence of Dana
but asked three months time to prepare
their defense. This was granted as was
also another extension, but when, in
November, 1867, the case was up for
trial, Mr.. Dana and his lawyers were
only prepared to argue the question of
copyright, not that of plagiarism,
and before the conclusion OF the trial,
the distinguished defendant was
proved guilty, in the face of his own
promise aud the preface of his book, of
having copied wholesale from i.awrcncc's
work, the evidence IN "black and white"
being so strong that 1t could not be over
thrown and no attempt to do so even
was made by Mr.. Dana's lawyers. Their
main argument was that there was no
valid copyright, but this was overthrow
and judgement was rendered for Mr..
Lawrence.