The case came before Lord Chancellor Eldon on February 9.  Mr. Shadwell, Mr. Spence, and Sergeant Copley were retained by Mr. Murray, and after considerable discussion the injunction was refused, the Lord Chancellor intimating that the publisher must establish his right to the publication at law, and obtain the decision of a jury, on which he would grant the injunction required.  This was done accordingly, and the copyright in “Cain” was thus secured.

On the death of Allegra, his natural daughter, Lord Byron entrusted to Mr. Murray the painful duty of making arrangements for the burial of the remains in Harrow Church.  Mr. Cunningham, the clergyman of Harrow, wrote in answer to Mr. Murray: 

Rev. J.W.  Cunningham to John Murray.

August 20, 1822.

Sir,

Mr. Henry Drury was so good as to communicate to me a request conveyed to you by Lord Byron respecting the burial of a child in this church.  Mr. H. Drury will probably have also stated to you my willingness to comply with the wish of Lord Byron.  Will you forgive me, however, for so far trespassing upon you (though a stranger) as to suggest an inquiry whether it might not be practicable and desirable to fulfil for the present only a part of his Lordship’s wish—­by burying the child, and putting up a tablet with simply its name upon the tablet; and thus leaving Lord B. more leisure to reflect upon the character of the inscription he may wish to be added.  It does seem to me that whatever he may wish in the moment of his distress about the loss of this child, he will afterwards regret that he should have taken pains to proclaim to the world what he will not, I am sure, consider as honourable to his name.  And if this be probable, then it appears to me the office of a true friend not to suffer him to commit himself but to allow his mind an opportunity of calm deliberation.  I feel constrained to say that the inscription he proposed will be felt by every man of refined taste, to say nothing of sound morals, to be an offence against taste and propriety.  My correspondence with his Lordship has been so small that I can scarcely venture myself to urge these objections.  You perhaps will feel no such scruple.  I have seen no person who did not concur in the propriety of stating them.  I would entreat, however, that should you think it right to introduce my name into any statement made to Lord Byron, you will not do it without assuring him of my unwillingness to oppose the smallest obstacle to his wishes, or give the slightest pain to his mind.  The injury which, in my judgment, he is from day to day inflicting upon society is no justification for measures of retaliation and unkindness.

Your obedient and faithful Servant, J.W.  CUNNINGHAM.

No communication having been received by the Rector, he placed the application from Lord Byron before the churchwardens.

Rev. J.W.  Cunningham to John Murray.