THE LAW CF COPYRIGHT. 421 



'Physical Characteristics of the Ancient and Modern Celt,' in the Cnnadran 

 Journal, of November, 1864, in which he at j^reater length developed the theory 

 now in question. That journal is in the library of the Anthropological Society, 

 of which the plaintiff is, and was then, a member. 



" But this is not all. He might be a member of the Society, and yet not 

 peruse this book in its library. But that article was reprinted in the Antliropo- 

 logieal Review, of London, in February, 1805, just one month before the plaintiff 

 forwarded his MS. ; and that the plaintiff saro and perused the article in question, 

 is proved thus : Each member of the Society, by right of membership, received 

 the Review, as intimated at p. Ixix. of the Society's Journal, of the same year : 

 * The Anthropologieal Review has been punctually supplied to each Fellow quar- 

 terly.' 



" But it is clearly proved, and set beyond all question, that the plaintiff had 

 read this article, by the plaintiff himself, although at the same time he, curiously 

 enough, disowns any obligation to it ! In a note on page lYO of his volume, he 

 says: 'Since this portion of the Essay was written, there his appeared in the 

 Anthropolog'cal Review, vol. iii. p. 52-84, an excellent paper by Prof. Wilson, of 

 Toronto, on the Physical Characteristics of the Ancient and Modern Celt. He 

 too has derived much of his information from the hatters. It fully confirms all 

 that has been above stated.' The employment of hatters may strike one as 

 rather an original idea; but it is a curious and suggestive coincidence that the 

 Canadian Journal (November, 1864), containing Professor Wilson's elaborate 

 measurements, furnished by hatters, British and American, had reached London 

 before the date of plaintiff's first correspondence with London hatters, Lincoln 

 &, Bennett, &c., (December 5th and 10th, 1864.) 



"This article of Prof. Wilson's, then, being thus known to plaintiff when he 

 wrote this Essay, let me show your Lordships whether it contained the theory 

 on the English long head-form which the plaintiff claims as his own sole inven- 

 tion. On page 61, Anthropological Review, vol. iii., 1865, Prof Wilson writes thus : 

 'On this subject Dr. Anders Retzius remarks: 'During an excursion in Great 

 Britain, in 1855, 1 was able to satisfy myself anew that the dolichocephalic form 

 is predominant in England proper, in Wales, in Scotland, and in Ireland. Most 

 of the dolichocephalse of these countries have the hair black, and are very similar 

 to Celts.' The Anglo-Saxf^n cannot be affirmed to be a pure race. Apart from 

 later Danish, Norse and Norman intermixture, it differs mainly, as I conceive, 

 from its Germanic congeners, by reason of a large admixture of Celtic blood, 

 traceable primarily to the intermarriage of English and Saxon colonists with the 

 British women. Such a process of amalgamation is the inevitable result of a 

 colonisation chiefly male, even where the difference is so extreme as between the 

 white and the red or black races of the New World. But the Anglo-Saxon 

 intruder and the native were on a par physically and intellectually ; and while 

 the former was pre-eminent in all warlike attributes, the latter excelled in the 

 refinements of a civilization borrowed both from the pagan Roman and the 

 Christian missionary. There was nothing, therefore, to prevent a speedy and 

 complete amalgamation. But if this was an admixture of a dolichocephalic with 



