The true history of the ghost : $b and all about metempsychosisPepper, John Henry
History
The true history of the ghost : $b and all about metempsychosis
Pepper, John Henry
Magic tricks -- Equipment and supplies -- History
Here the learned counsel exhausted his law and rhetoric in making
out there was really nothing to patent, for who could catch hold of
a ghost? And more legal technicalities were advanced and argued than
I can remember at this distance of time—viz., twenty-six years ago.
However, his Lordship again asked, “Have you anything more to urge on
this point?” and received the same reply, “No, my Lord, we have not.”
The Chancellor then replied _in extenso_, exposed all the sophistries
of the arguments, and whilst complimenting the counsel on his learning
and the care which he had bestowed upon the case, said again that there
was nothing in the arguments that militated against the sealing of the
Patent. Of course, they could take action at common law, and try the
case before the judges appointed to try such cases if they thought
proper, and, supported by affidavits resulting from a trial at common
law, could bring the case again before him.
There was one point which the Lord Chancellor alluded to. He said:
“Great stress had been laid on the impossibility of patenting a mere
intangible nothing, viz., a ghost; but as he understood, the Defendant
did not patent the shadowy result called the Ghost, but an apparatus
for ‘Exhibiting Dramatic and other Performances,’ and without this
apparatus no ghost could be rendered visible to an audience.” His
lordship then continued: “I will now hear you on the novelty of the
proposed invention, which your affidavits declare is not new, but an
imitation of something already exhibited.”
The learned counsel now made various statements, supported apparently
by affidavits from persons who alleged that they had seen the ghost
a long time before, and, in fact, had used the very same apparatus I
had employed or words to that effect. For instance, an old playbill
emanating from the Old Tivoli Gardens, Margate—not perhaps the most
refined place of entertainment, in fact, no ladies appeared to visit
the place say, in 1851, when I heard a lady in tights discourse a song
the burthen of which was—
“Take care, John Bull, or else you’ll be done
In the Great Exhibition of ’51.”
The playbill was laid upon his Lordship’s table, who, taking hold
of it, asked, “Is this the playbill alluded to?” and threw it on
the floor. I suppose the counsel was not attending to some point of
etiquette, and ought to have produced his playbill in the form of a
High Chancery Court affidavit. The playbill alluded to a ghost that was
to be shown, and counsel again called attention to their plan of the
ghost apparatus, which he was instructed to say was the same or very
similar to that used by Defendant. The affidavit of some other dramatic
professional was also brought forward with several others; but all
things come to an end, and at last the same distinct question rang out:
“Have you anything more to urge on this question of novelty?” with the
answer as before. “No, your Lordship.”
Public-domain text, read in full here on John Shaqi.
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