An appeal in the cause of Small versus Attwood is
set down in the House of Lords, and comes on for hearing in a few days. In conse- quence of the elevation of Sir Edward Sugden (who was engaged on the part of the defendant from the commencement), Mr. Sergeant Wilde is retained in his stead, and received his briefs on Saturday, with a fee of -1,000 guineas. Mr. Knight, who is for the plaintiff, also received his briefs on the same day, with a fee of 2,000/. Several other eminent counsel are engaged on both sides.
In the Rolls Court, on Thursday, Mr. Russell applied for a disso- lution of the injunction obtained last week to restrain 31r. George Cochrane from continuing the publication of the Foreign Quarterly Review. Mr. Russell made the following statement of the facts of the case.
The defendant. Coehrane• has been the editor of the Foreign Quarterly Retitle, a publication commenced in the year 1927 by Richter, who had become entitled to a share in the house of Treuttel and IN art 2, Soho Square. Sty the agreement between the latter and Mr. Cochrane, it was stipulated that the latter should superintend the literary business of the periodical for a salary of 1501. a year, and a dividend of one third of the net profits which it might bring in. That such profit. and to a consider- able amount did ;wenn., was admitted on the affidavit of the plaintiff; but Mr. Coch- rane never obtained any portion of it. lie was, in fact, a part proprietor, without deriving any advantage nom that circumstance. 'file work was carried on up to its 26th Number; when the affairs of Richter having become embarrassed, lie was not able to advance the bunts nee, scary to pay the contributors. Mr. Cochrane, however, gave his acceptance fur 1251. to be converted into cash, and applied for that purpose. But this sum was appropriated by Richter. The latter was wholly unable to get up the 28th Number of the Review ; and, by express agreement, it devolved on Mr. Cochrane to publish is at his own risk and responsibility. Mr. Richter became bank- rupt; and that circumstanre, together a Rh consideration of the recent difficulties in paying the expenses of the work, and at disinclination on the part of the literary con- tributors to it to he connected with the assignee, led Mr. Cochrane to conclude that there was an end to the partnership of Richter. and that lie might fur the future (mu- duct the work on his own account, in conjunction with the house of Whittaker and Co. Ills conviction on this point was the stronger horn I fact, that lie alone had organized the Review. Ilia private friends and coutexions had alone supplied its con- tents; while Richter had not only not beer. punctual in his payments to the latter, but broken his express agreement to allow the defendant one third of the clear profits of the speculation. Under these circumstances, Mr. Cochrane determined to prepare and publish the 22tli Number of the Fareiyu Quarterly ; which was accordingly ad- vertised. The assignee of Richter, however, wished to carry on the work for the benefit of his creditors. and offered the defendant to indemnify him for the expense incurred in getting op the 28th Number, and to allow him :WI for that which should succeed it. Ile declined; and the application was then made to this Court for an injunction to restrain Mr. Cochrane from publishing not merely the 29th Number of the Review, but any work having a similar title. The terms of the prayer of the injunction were extravagantly wide in their application, including not only a prohibition to set up a aork in any manner imitative of the Foreign Quarterly, but also for the defendant to make use of the ser- vices of any persons who had zontributed to the success of that work, or even to apply the knowledge which he himself hail acquired while acting in the capacity of editor. to any other Review of the like kind. Although the defendant could not acquiesce in the justice of this injuneion. yet, to avoid litigation, lie determined not to oppose it in regard to publishing the 29th Number of the Foreign Quarterly. At the same lime. feeling satisfied of his right to set up a publication of a similar character, lie gave notice to the plaintiff that he should publish the first Number of a new Forrula Quarterly; and inquired if they would consider that title as a Rhin the nerds of the injuncl more particularly as different coloured wrappers should be employed in the new publication- No advertisements intended for the other should be sought for awl used In it ; awl in fine, every preeaution be taken to convey to the public the im- pression that the prijected work was bond file a new one. 'fo this proposition no answer was returned, and consequently the question at issue between the parties remained to be argued and determined in that Court. Mr. Russell sub- mitted, therefore, to his Honour, that the wording of the injunction was too wide, and at the same time too vague in signification : parties seeking for such a prohibition wider authority of the Court, being bound to propose it in such language as could not be mistaken--ae one who ran might read. That Mr. Cochrane had a right to set up a review, under the title of The New Foreign Quarterly, be considered undoubted. There had been many examples to that effect. as in the cases of the Times and New Timm the Monthly and New Monthly Magasinee, the Annual Register and the New Annual Register. That such was the doctrine of the Court, he contended from the judgment of Lord Eldon in the Cade of Ilogg r. Kirby (8 Vesey), where a much stronger case had been made out in favour of an injunction than in the present case. In fact, if the terms of the injunction which had been presented for the sanction of the Court in this instance were approved of, Mr. Cochrane. who had been entitled to one-third of the profits of the Foreign Quarterly Review, *mild be reduced to the condition of a slave, as far as the employment of his intellect was.coueerned, to the official assignee of the bankrupt Richter. Mr. Pemberton and Mr. Bacon replied on behalf ofthe plaintiff. The Master of the Rolls said— It was clear that the defendant hada right to set up any work for himself, provided it did not interfere with the rights of the plaintiff. The defendant had certainly in the first instance announced his intention of continuing the work in question; but on being apprized that he not du so without violating the rights of the plaintiff, he had stated that be size, willing to submit to any injunction for effec- tually seen ring the rights of that party. Some lain ion of the words which had been objected to were absolutely necess.,ry, but others certainly went too far. It Was clear that commuuications niade to Mr. Cochrane, as editor, were nut made to him individu- ally, but only as executing a certain office for which he was (mild()) ed, and consequently he hail no right to use such communications for any purpose of his on n. Under these circumstances, he (the Master of the Rolls) should vary the injunction, by restraining the defendant, George Codirane, from as ailing himself pretty article or writings which might hare been communicated to him as editor of The F'oreign Quarterly Review.
Mr. Russell wished the Master of the Rolls to express an opinion as to whether the defendant had a right to use the title New Fordyn Quar- terly, for a publication of a similar character to that of The Foreign Quarterly. The Master of the Rolls declined doing so. Mr. Rus- sell said—" They have notice now on the other side that we intend to use it, and they don't object." [From this report it is clear that the statement of the plaintiff's counsel inserted in the Spectator last week, when the injunction was obtained, was ex parte and unfair. The modified decree of the Master
of the Rolls will in effect allow Mr. Cochrane to go on with the pub- lication of the Review; which his connexions, talents, industry, and
character, raised to at least a level with any similar journal. We are glad to see that The Foreign Quarterly Las not been an unprofitable
concern, although Mr. Cochrane has been unable hitherto to obtain that share of the gains to which he is entitled.] In the Vice-Chancellor's Court, on Wednesday, the Vice-Chancel- lor, in the case of Mr. Newell, a Dissenting minister, at Halifax, against whom the trustees had proceeded by action of ejectment, for carrying on business in addition to his ministerial duties, decided in favour of the trustees.
Two women were committed from the Worship Street Office on Wednesday, for picking pockets in Shoreditch Church. Their ap- pearance was so respectable that the Parish-officers refused at first to suffer them to be taken into custody, believing that they were charged by mistake.
George Cooper, a young mon of good external appearance, was corn. mated from the Marylebone Office, on Wednesday, to be tried for stab- bing Louisa Palmer, a girl to wheal L: was supposed to be attached, in the back with an oyster-knife.
Joseph Ady, who was convicted of obtaining money under false pre- tepees, and sentenced to be transported for seven years, Las obtained a commutation of his sentence to twelvemonths' imprisonment iu the House of Correction.
No traces have been discovered of the Dutchess of Gordon's lost jewels ; which, however, arc now said to have been worth only I0,000/., not 60,000/. The Queen is reported to have made her Grace a hand- some present of jewels.
On Sunday night, Messrs. Melville and Co.'s warehouse, Wood Street, Cheapside, was broken into and plundered of a large amount of property, consisting of inerchandize anti cash.
On Tuesday afternoon, plate to the value of 401. was stolen from the house of Mrs. Delmar, in Hyde Park Place, by a woman who had come down the area steps to offer stay-laces for sale ; and being left alone by the servant, who went to answer a bell, she decamped with the property in question.
The counting-house of Mr. Tattersall was robbed, on Monday night, of cash in notes and gold to the amount of about 4501. At the close of the weekly lecture, at the Church of St. Bartholo- mew by the Exchange, on Wednesday, the Reverend Mr. Wilkinson
said that he had to repeat a caution, which lie had before found it oeces. sary to give to his hearers, that the church was infested with thieves, and he would therefore have them to take care of their pockets. Many
persons had lost valuable property while attending the Tuesday morning lecture ; and he would advise, in future, that the congregation should leave their valuables at home.
On Monday, as some of the workmen at St. Katherine's Docks were proceeding to use two of the cranes on the quay, to raise some heavy boxes of metal, they were alarmed and surprised by the ma- chinery giving way, whereby the handles recoiled with such violence that the men narrowly missed serious injury, and the boxes were pre- cipitated to the ground. This circumstance led to an examination of the cranes ; when it was discovered that in most of them several nuts, by which the screws of the machinery were fixed, had been taken away. No clue has been gained of the offenders, although a liberal reward was immediately offered by the Directors. The offenders are subject to transportation.
Mr. George Tuttle, an East India merchant of considerable wealth, poisoned himself, at Anderton's Hotel, yesterday week. His mental faculties bad been affected by the recent death of his wife.
Immediately after the late conflagration in Silver Street, the inha- bitants of the neighbourhood commenced a subscription, the result of which is that a fund amounting to between 18001. and 2000/. has been raised.