It will be seen by a reference to our Law
intelligence, that Lord DENMAN has granted a rule to set aside the nonsuit winch he ordered in the case of" Dewar versus Purday." At the last trial, after the best evidence that could be desired had been given in favour of the plaintiff', and eleven of the jurymen had agreed upon the amount of damages for the *pirating of his copyright, Lord DENMAN, in the absence of' his counsel, actually nonsuited him. His Lordship is now aware, it seems, that he bad no power to non - suit under the circumstances of the case, and has been obliged to submit to the mortification of setting aside his own decree. This is poor consolation to the suffering suitor in his court; but, as Lord DENMAN is a man of sense and candour, it is to be hoped 'hat he will remember the rebuff be has received, and act in future with more caution. The points to be decided in the action to which we are alluding are, first,. whether the music of the song of the " Old English Gentleman" is original or a copy ; and secondly, if original, what damages the plaintiff should receive for the piracy of his copyright. Now it is quite evident, that ninety-nine juries out of a hundred must be incompetent to decide the main question. Many jurymen, and judges also, can scarcely perceive any difference between " God save the King" and Yankee Doodle." But in the case about to be tried, they Ain have to settle a much nicer point than this—one, indeed, which a jury of composers or musicians are alone competent to decide ; for it has reference to time, accent, and other matters of which the unlearned in music know nothing.
• The trial by jury is a most valuable and useful institution in
many respects; but it does not follow that it is in all cases the best. It would be much more rational to refer this dispute about the music of the " Old English Gentleman" to the decision of musical professors, one or more, who understand the nature of it : and if matters have not proceeded too far, we should even now Ncomniend recourse to arbitration.
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