Page:The Green Bag (1889–1914), Volume 05.pdf/212

 Practical Tests in Evidence.

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E. Dixey, the comedian, for an injunction against the singing of a song which he claimed to be an infringement of his copy right in the song, " It 's English, you know," Mr. Dixey upon the witness-stand was asked by the defendant's counsel to sing the song; but his own counsel objected. On an appeal to the court for a ruling on the aclmissibility of this evidence, the defendant was allowed to ask for a repetition of the words of the song. Mr. Dixey evidently did not want to sing the song; and before he could do so Judge Allen said that a copy of the words would be more satisfactory to him, and a Music. recess was then taken while Mr. Dixey wrote In Reed т. Carusi, an action tried before out the words. After the recess, Mr. George Chief-Justice Taney, at Baltimore, concern Purdy, leader of the Boston Museum orches ing copyright of a musical air, a professional tra, was called and sworn. He took his singer was sworn and sang the two songs to violin, and placing the score of Mr. Dixey's the jury. The poem was " The Old Arm song against a directory, played the tune to chair." his honor. The music caused both the court On Home Tooke's trial, Lord Campbell and spectators to relax their features. The informs us that "a witness having said that other song, " Quite English," was then a treasonable song had been sung at a pub played on the violin by the witness, and the lic meeting, Tooke proposed that it should resemblance was so close that all recognized be sung in court, so that the jury might as- it. A score was then presented of " When the certain whether there was anything treason Band begins to Play," and that also was ren able, resembling Ça ira or the Marseillaise dered by the witness. Mr. Purdy did not Hymn, in the tune." It does not appear that think that there was any resemblance be the test was adopted. This would seem to tween the " English " songs and " When the be an instance where, contrary to Shak- Band begins to Play," at least to the ear of speare, those who had music in themselves a musician. Several experts testified to the were fit for treason, etc. similarity of the songs. The unwonted echoes Of the renowned case of State v. Linkhaw, of the music through the court-house at 69 N. Y. 214; S. c. 12 Am. Rep. 645, in tracted a large audience, which apparently which the defendant was indicted for disturb enjoyed the lively concert. ing a religious meeting by very bad but wellMEMORY. intended singing, and on the trial of which In Innis v. State, 42 Ga. 477, a witness a witness was allowed to imitate it, I have given the readers of the "Green Bag" a having testified that he committed to mem rhymned version (vol. i. p. 209), on the fidel ory part of the play of Punch and Judy, ity of which to the prose report I greatly while certain facts to which he had sworn were transpiring, the court allowed counsel pride myself. On a recent hearing in the New York on cross-examination to require him to repeat Supreme Court upon the application of Henry the dialogue in question. conditions described. The result was that when the boxes were close together the can dle went out in nine minutes; the upper box being very slightly raised, — the thickness of a cent, — the time was increased to some six teen minutes. The wider the space and the more air admitted, the longer the candle burned; but so great was the space required before the candle could have burned down sufficiently to ignite the shavings that the fire would have been easily visible through the cellar windows. The witness's story was thus demonstrated to be false.