The Kenilworth Advertiser. — 1891-03-28 (Kenilworth, Warwickshire, England)

VIE VALUE OF A COMIC BONG.  At the Manchester county court, on Tuesday, an lotion Was brought by Mr. George Kennedy. Ripon, a music-hall singer, to recover damages from Mr. Charles Majilton, an actor, for tho performance of a registered song called "The Football Match." Mr. Bnsdbury appeared for the plaintiff and Mr. Wharton for the defendant.—Mr. Bradbury said _  the plaintiff claimed to be the owner of-the song, and to possess the sole right to perform it, and he sought to recover penalties for the breach of that exclusive right. The piece in question was called "The Football Match," and the plaintiff  purchased it from the composer, -a Mr. Curran. He duly registered it, and therefore the oourt would not be troubled with the question of the title. The defendant knew perfectly well that the song was registered, bonus° lie had, as a matter of fact. taken from the plaintiff a license to perform it at certain places in Lancashire. A song of the character of the song in question was, the learned counsel pointed out, of velne to the plaintiff, who Pang it in music-halls in different towns, and it was obvious if, when he came to sing it in Manchester, he found it had been song there in a pantomime for some time the attraction of the song would be gone, nobody would care to hear it, and the song would be worth nothing to him. The plaintiff came to perform at the People's Concert Hall in that city, and he Rd verti9ed his coming in bills and posters. 'flirt song was made special feature in the bills, the words The Football Match" being printed in large type with the intimation that it was "one of the finest songs ever written." He saw the defendant on the 2nd February, and they had some conversation about the song. As a matter of fact, the defendant had then been performing it, as a part of he pentomine at the Comedy Theatre for a week before, in connection with a ballet called a "football ballet," and it was sung by a male performer dressed as a woman, with a great deal of action. The defendant did not tell the plaintiff that he had been using the song, but he said he was thinking of introducing it, as he had done at Blackburn. The plaintiff replied that he did not mind, so long as he (plaintiff) had the first turn, and he was advertised to sing it at the People's Concert Hall, the object being that, he should get all the éclat associated with the performance of such a song. It was arranged—the plaintiff being ignorant that the song bad been performed at the Comedy Theatre—that the defendant should pay one guinea for the use of the song at the theatre, and a further 108. for using it at Oldham. The plaintiff sung the song at the People's Music Hall, and found that it fell very flat, and then diecovered that the defendant had been singing it at the Comedy Theatre. Correspondence took place between the parties, and the present proceedings were taken. The Act of Parliament VMS clear on the subject, and learned counsel submitted that he had only to prove that the plaintiff had sole right in the song.—The plaintiff, in answer to Mr. Bradbury, gave s description of the song. He said it described an old sporting man going to • football match, and being "so tickled that be could not tell the story for laughing." It desctibed what a terrible sight 14 was-Offside, outside, the other side, and suicide; Before half-time there were only two a-side. The plaintiff illustrated the action with which the song was sung. . He said there was a description of "the poor referee in his shoes trembling,' and "with his face like a slaughter-Louse," and then it went on to say— Pitchers and jugs, in the height of their ferocity, Flew throngh the room with the force of their velocity. Mr. Wharton: You do not throw the pitchers and jugs, I suppose ? —Plaintiff, continuing, said another verse described the people jumping on the " Welloppers' custodian." who "lost more teeth than the keys in the melodian" (laughter). Witness went to see the song sung by a Mr. Jthnson at the Comedy Theatre. He took the part of one of the "ugly sisters," and with one or two verbal alterations, he sang the song as it was intended, with plenty .of action and gesticulation. At the time he met the defendant he did not know the piece was being performed at the Comedy Theatre, and the defendant said nothing about it. It was arranged that witness should sell defendant a copy of the song for one guinea, as be had done when the defendant sang it at Blackburn, and that he would let him sing it at Oldham for half-s-guinea. Witness did his business at the People's Music Hall that evening, and found that it went very fiat. Subsequently witness went to the Comedy Theatre, and heard it sung by an actor named Johnson. He would not swear to the particular action used by Johnson, btit he did use action. He did not sing the Bong to the plaintiffs musio.—ln response to the request of counsel, the plaintiff sang a few lines of the song to an air • which Mr. Wharton described as • Scotch reel.— At the suggestion of the Judge, the counsel conferred, and it was ultimately agreed that a verdict should be entered for plaintiff for £2O is. and oosta, the plaintiff to accept the statement that the - defendant did not disguise the feet that he bad sung the song, but that there must have been some misunderstanding on the part of the plaintiff se to what he had said about the nutter.  Mr. T. M. Healy, M.P., was badly assaulted on Monday night in Victoria-hotel, Cork. He had been engaged during the day at the Assizes as counsel for his brother, who recovered OS in a standeraction against • local Parnellitethar said in the evening was struck in the fans. Eli i has been seriously njured in the right eye and /ace.