Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-05-18

posed By Miss Eliza Cook and called The Old
Armchair The authorship Of the music was
claimed by Mr.. Henry Russell famous singer;
and the piece was in great demand. Carusi
was q music publisher In Baltimore, who, avail
ing himself Of the popularity of the song. had
adapted to the words another somewhat similar
air, which he claimed to be q different COM
position, and published and sold it; and he was
sued by Reed in the Circuit Court before
Chief Justice Taney, for an infringement of
his copyright. The case was entirely novel in
its features, and presented some very perplexing
questions rs to what constituted Originality in
musical composition, and as to the right of
Mr.. Russell to be considered the author Of
the air which had been copyrighted. There
was great deal Of learned musical testimony
and forensic discussion on these very important
points, the particulars Of which, and the Chief
Justices ruling thereon, do not remember.
"But recall very distinctly one circumstance
I'm the case which was so peculiar that It could
not easily be forgotten. There was a question
of fact, whether the air adapted by Carusi to
the words was substantially the same as that
which had been used by Mr.. Russell. On this
point the musical experts proverbialIy dis
cordant among themselves, differed widely in
their testimony. Some insisted that the airs
were Identical; others that there was marked
and easily to be recognized difference between
them To reconcile this conflict of opinion, it
was proposed by Mr.. Latrobe, who was the
plaintiffs counsel. that Mr.. John Cole an old
professional singer, should be sworn as q Wit
ness and required to sing the two songs to the
jury. that they might judge for themselves
whether the two airs were similar or not.
II remember resisting most strenuously, on
behalf of the defendant, the introduction of
this novel species of evidence; but the Chief
Justice overruled the objection, stating that he
would make rule for the case. which he con-
sidered O. reasonable one. however novel and
peculiar it might be; and that as the jury were
to determine whether the two airs were sub
stantially the same, the best evidence with
which they could be furnished would be the
singing of them by an expert witness.
rMr. Cole accordingly proceeded in the
sravest manner, under the direction of the
Chief Justice, to intone the two songs success
sively in open court: and the appearance Of the
singer. the lamentable, monotonous cadence of
both airs, the pathos Of the words, which, as
nearly as I recollect ran somewhat in this way:
g I love itl love iel And who shall dare
To chide me for loving that old armchair etc.
1.-The case was argued to the jury. who made
up their minds that there was only differ
ence In the songs between 'Tweedledum and
Tweedledee,' and there was accordingly q ver-
dict for the plaintiff"
The Samuel Carasi here mentioned was most
likely related to the wen known Car,isi family
Of this city.
The bred Scott case b one Of the best known.
eases to be decided By the Supreme Court,
and for that reason win not be elaborated upon
here, except TO say that Judge Taney delivered
this famous decision on March G, 1857. IL was
sustained BY him and five Of his associates, and
held in substance that It was not competent for
the United States directly or indirectly, to ex-
clude slavery from the Territories.