The Proceedings of the Old Bailey

 

459.   JOHN COLEMAN (48),   JOHN LAWRENCE (60), and   WILLIAM HOOPER (25) , Unlawfully conspiring together, with others, to procure for sale twenty copies of a painting called "The Railway Station," and other Paintings, without the consent of the publisher.

COLEMAN PLEADED GUILTY .

MR. H. S. GIFFARD, Q. C., and MR. MONTAGU WILLIAMS. conducted the Prosecution; MR. UNDERDOWN. defended Lawrence, and MR. METCALFE. defended Hooper.

  HENRY GRAVES . I am a publisher and print seller, at 6, Pall Mall—I published a painting called "The Railway Station"—I produce an engraving of that picture—I registered the painting at Stationer's Hall, on 30th April—this is an impression from my engraved steel plate—this (produced) is a photograph from my engraving—I have a picture called "My First Sermon, "Painted by Mr. Millais—this is a photograph of my engraving of "My First Sermon"—this is a photograph of a picture called "My Second Sermon," from my engraving—I have copies of my engraving here—this is

a photograph of a picture called "Ordered on Foreign Service," from my engraving—I also produce the photograph of the painting called "The Anxious Mother," from my engraving—I published an engraving of the picture called "The Last Kiss"—this is the photograph from it—I know a picture called "The Parable of the Woman Searching for the Lost Piece of Money"—this is a photograph from my engraving of that picture—I am sole publisher of those engravings, the photographs of which have been produced—I never gave my consent to either of the prisoners to copy or sell them—I have spent a very large sum of money on these pictures and their copyrights, since I have been in business, nearly half a million of money—I have found, from time to time, the engravings have decreased in sale on account of these photographs—an engraving of "The Railway Station" would be five guineas—the photographs are sold for 10s., 12s., or 15s.—I never gave Lawrence any authority to copy my works at all—the painting would not produce a photograph—the plate must be done first, and then the photograph taken from the plate.

Cross-examined by MR. UNDERDOWN. Q. We will take the pictures in order—the first, I believe was "The Railway Station;" who was the painter of that? A. Mr. Frith, the R A.—I have the agreement here signed by him and Mr. Flatow—I bought it from Mr. Flatow on 7th July, 1863—I did not buy it from Mr. Frith, but he was a party to the agreement—I bought it of Mr. Flatow—I registered the copyright myself at Stationer's Hall—I have never seen a registration of the copyright in Mr. Frith's, nor in Mr. Flatow's name—there is the registration (produced) which I made myself—it certifies that I am the owner of the copyright (read)—that is the only registration of copyright I have, and this is the agreement between Mr. Flatow and myself—the date of registration is May 30th, 1868—the agreement is dated 11th July, 1863—that is the evidence of my copyright in that picture—the next is "My First Sermon,"That was painted by Mr. Millais, R A.—I don't know when—I bought it of the trustees of Moore & McQueen, the publishers, a limited society—they had the management, I believe under the Court of Chancery, or some Court, for the winding up of the affairs—I have not that agreement here—I think it was burnt in my unfortunate fire when the Opera was burnt—the copyright and picture was sold to me by that agreement—the copyright and the steel plates—I caused that to be entered in the registry (read)—I made the transaction with Mr. Agnew, one of the trustees—"My Second Sermon" was also painted by Mr. Millais—it was a companion picture to it—I bought it at the same time, and under the same circumstances, from the same person—I have never discovered that agreement since—that, with others, was in the centre room of my premises, which was burnt to ashes—I saw it when it was made, and read it through carefully—Moore & McQueen were the owners of the picture when I bought it—I don't know that that appeared on the face of the agreement—it was well known in the trade they were the owners of the copyright, and I was perfectly satisfied of it, or I should not have bought it—I satisfied myself that Mr. Agnew had sold it to Moore & McQueen, who bought it from Mr. Millais—I was not present when it was first purchased—the picture, "Ordered on Foreign Service," was painted by Mr. Collinson, and I purchased it and the copyright direct from him—the memorandum of agreement was burnt in the fire on my premises when Her Majesty's Theatre was destroyed—I bought the picture at the British Institution in 1863, and the copyright was transferred to me subsequently—the "Anxious

Mother" was painted by Mr. G. B. O'Niel—the copyright of this picture I purchased of Mr. Flatow, and it was duly registered—"The Last Kits" is the work of Miss Edwards; I bought it at the Royal Academy, private view, and it was registered in 1865—it was said by Mr. Trewbridge that he had previously purchased the picture, but Miss Edwards arranged matters, and I retained it—"The Lost Piece of Money" was painted by Mr. Millais for Baron Marochetti—I bought copyright and picture direct from the artist—when my plate was finished I sent the picture home to Baron Marochetti, and that is all I know respecting it—"The Piper and Pair of Nutcrackers" was painted by Sir E. Landseer, and I published the engraving in 1866—I bought the copyright of Mr. Flatow—I never purchased the picture—Mr. Flatow bought it of Sir E. Landseer—I am sorry to say that these pirated photographs are made in too many places.

  WILLIAM HENRY BURGESS . I am in the employment of Mr. Graves—I have seen Coleman hawking photographs about, from 10 o'clock in the morning till 9 o'clock at night, for six or seven weeks together—I have purchased photographs of him—I know the prisoner Lawrence—he occupied a room on the third floor at 15, Powell Street, Goswell Street West, Goswell Road—I watched the house for some considerable time, and saw Coleman go in and out with a black box—I have seen brown paper parcels taken to Lawrence's by Coleman—on one occasion, in Lime Street Square, part of a parcel was open, and I saw photographs of "My First Sermon," and "My Second Sermon," inside—I was present when Lawrence's house was searched by the police—850 photographs of pictures were found there.

Cross-examined by MR. UNDERDOWN. Q. Are you the gentleman who describes himself on this card as a private detective, ready to get up evidence in divorce, bigamy, county court, and other cases? A. I am; but for two years I have been employed by Mr. Graves, exclusively—there have been a great many convictions, and a good many people have been imprisoned—I was introduced to Mr. Graves by Mr. Curry, a clerk to an optician—I made it my business to be intimate with the prisoners—I may have written letters to people, asking them to get photographs for me—I have seen photographs of almost all the subjects which have been mentioned here—I saw Coleman pay Lawrence money on one or two occasions—I cannot say that I have paid particular attention to any female relatives of the prisoners—I was never engaged to be married to one of them.

  EDWARD JOHN McDOUGAL . I have been engaged for several weeks in watching the three prisoners—I went to Hooper's shop, on one occasion, to take two photographs to be mounted, and I saw Lawrence there—he left with a brown paper parcel in his possession—it was the same parcel that Mr. Hooper had previously shown me—it contained photographs of "The Railway Station," "My Second Sermon," and other pictures—I have seen. Coleman go into Lawrence's house; and Lawrence, on other occasions, has met Coleman in Lime Street Square, and received money from him.

Cross-examined by MR. UNDERDOWN. Q. Is the letter produced in your handwriting? A. It is (Letter read. It was addressed to Messrs. Beckman Brothers, and asked them to obtain photographs of certain pictures, including "My Second Sermon" some landscapes, &c.)—The letter was not written exactly at the dictation of Mr. Graves; I used my own discretion as to what I should say—it is a practice generally adopted—I have asked shop-keepers for photographs, that I might buy them—Mr. Graves always found the money.

  JOHJI MARK BULL . (City Detective Sergeant). I received warrants to apprehend the prisoners—I and Sergeant Funnel! watched Lawrence's house on 17th December—I saw Coleman come out with a black box over his shoulders—we followed him as far as Old Street, where we stopped him, and took from him the box—it contained photographs of some of the engravings produced, "The Railway Station," "The Piper and Nutcrackers," "My First Sermon," "My Second Sermon," and "Ordered on Foreign Service"—we afterwards searched Lawrenoe's house.

  EDWARD FUNNILL . (Detective Sergeant). I acted with the last witness in apprehending the prisoners—I sent a person to knock at Lawrence's door—on Lawrence coming out we walked in—I asked him if his name was Lawrence, and he said that it was—I told him that I held a warrant for his apprehension—he became very excited—I said that I wanted to search his house, and he replied that if I had not plenty of strength with me, if I had only two or three officers, I should not take him out of his house alive—I had five officers with me—I took him up into a room, and read the warrant, and then we searched him, and the house—I found about 850 photographs, of different kinds, and they were identified by Mr. Graves as copies of his engravings—there were hundreds of others of which the prosecutor knew nothing—there were copies of "The Railway Station," "My First Sermon," "My Second Sermon," "Ordered on Foreign Service," "The Last Kiss," &c.—he was asked by Mr. Graves from whence he had the photographs, and he replied from a person in Scotland, but that he did not know exactly where he lived.

Cross-examined. Q. Were there as many photographs found, which were not copies of Mr. Graves' pictures, as there were copies? A. More.

  JOHN CUMROY . I am a picture dealer, and have been to Lawrence's place of business six or seven times altogether—I purchased small photographs from him on different occasions—they were the size of cartes de visite—I bought copies of "My Second Sermon," "The Piper and Pair of Nutcrackers," and "Ordered on Foreign Service"—I paid a mere trifling price for them, about 1 1/2 d. each, or 1s. 8d. per dozen, I forget which—we had a few words about his selling these photographs—he said that it could not interfere with the sale of Mr. Graves' large engravings, he thought Mr. Graves would not look after such little things, but that it would be better to be cautious.

Cross-examined. Q. You have been in this line of business yourself? A. Not very much; I have been charged with it, but not convicted—I was summoned, but the summons was in the wrong name, and I did not appear—they afterwards fetched me in the right name—there was no trial—Mr. Graves was very lenient with me, and let me off, and then his agent asked me if I would appear against Lawrence—I told him that I would find out all that I could—I said that my transaction with Lawrence was of so trifling a character that anything that I could say would not do him any injury.

  HENRY MANSER . I live at 188, Si John Street, Clerkenwell, and am a picture-frame maker—I know Lawrence, and have purchased from him, at different times, photographs of "The Railway Station," "The Piper and Pair of Nutcrackers," "Ordered on Foreign Service," "My First Sermon," "The Last Kiss," and others—I have been prosecuted for these things myself, but was let off on consideration—I paid the expenses of the summouses—I gave Mr. Graves 30s.

Witnesses for the Defence.

  JOHN EVERETT MILLAIS , R. A. I am the painter of "The First

Sermon"—I finished it about January, 1863—I sold it to Mr. Gambart—I should have reserved the copyright to myself at the time it was paid for; I did not—I painted "The Second Sermon" in 1864, and sold it to Mr. Agnew—I painted it for him—it was understood that the copyright was to pass to him—"The Lost Piece of Money" is mine; the transaction of that was, that Baron Marochetti made a bust of my wife, and I promised to do something in return—I gave it to him after it came from the exhibition—it was painted before that, in 1862—I sold the copyright to Mr. Graves, in December, 1862—I have an entry in my book of the payment at the time I sold it, and there was a payment afterwards—it came from the exhibition to me, and then went into the hands of Mr. Graves.

Cross-examined by MR. GIFFARD. Q. I believe you spoke of having sold the first picture that was mentioned to Mr. Gambart; what do you mean, exactly? do you mean, you agreed to sell it to him, and it was not entirely carried out? A. It was not, it was a peculiar case; it was in this way: Mr. Gambart came to me, and I understood he was to have the picture; and a short time after that Mr. Agnew came to my studio, and saw the picture, and told me he had bought it of Mr. Gambart, and at that time he understood that the copyright was mine, a fact which he must have discovered from Mr. Agnew—he wished to have the copyright as well as the picture, and there and then he gave me a cheque for the copyright—that was on 27th January, 1863, and the next day Mr. Gambart paid me for the picture; so I was paid by Mr. Agnew for the copyright before I was paid for the picture—Mr. Gambart has not complained.

MR. UNDERDOWN. Q. Until the transaction was completed you considered the copyright was yours? A. Yes.

  WILLIAM POWELL FRITH , R. A. I am the painter of the picture called "The Railway Station"—it was begun in 1860 and finished in 1862—the picture from which the engraving was taken was finished in December, 1862, and the whole transaction was completed in 1863—it was painted on commission for Mr. Flatow—he had two pictures of the same subject.

  ROBERT COLLINSON . I painted the picture "Ordered on Foreign Service"—I commenced it in 1861, and completed it in 1862—I sent it to the British Institution, in Pall Mall, and subsequently sold it te Mr. Graves—I made certain reservations as to the copyright when I transferred it to Mr. Graves—I reserved to myself the right of disposing of all studies and sketches of the said picture in my possession—this is a memorandum I made: "I afterwards, before the said payment was made, transferred to him the copyright, and gave him a slip to that effect."

  GEORGE O'NEILL . I am the painter of the picture called "The Anxious Mother"—I painted it in 1865, and sold it to Mr. Flatow—I gave him a written transfer of the picture and copyright.

  HENRY MURRAY . I am a solicitor—I have the agreement about "The Railway Station," between Mr. Frith and Mr. Flatow—the date is the 10th September, 1860—I have nothing about "The Anxious Mother"—I have the transfer, to Mr. Flatow, of "The Piper and Nutcrackers"—I have the draft proposal to sell the copy; that is dated 4th November, 1864.

  THOMAS HIND HILLS . I am a friend of Sir Edwin Landseer's, and take care of his things, sometimes—I recollect the painting of "The Piper and the Nutcrackers"—that was sold to Mr. Flatow in 1864, I think—he bought three pictures.

  ALFRED DAY . I have examined the register of drawings, paintings, and

Photographs, at Stationer's Hall, from the commencement—there is no entry there of a transferrence of a copyright from Sir Edwin Landseer to Mr. Flatow, of "The Piper and the Pair of Nutcrackers"—all I have here is from Flatow to Mr. Graves—there is no entry of the First and Second Sermons, from Moore & McQueen to Graves & Co.; nor from Millais to Mr. Gambart; nor from Mr. Gambart to Moore & McQueen—there is no entry from Millais to Mr. Agnew; or from O'Neill to Flatow—there is a registration of "The Lost Piece of Money," from Mr. Millais to Mr. Graves—I have no entry in the name of Mr. Millais, as being the proprietor of that copyright—I have not seen it.

LAWRENCE— GUILTY .— Twelve Months Imprisonment.

HOOPER— NOT GUILTY .

COLEMAN— To enter into recognizance to appear to receive judgment when called upon.