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GUEST,Rossey Origins: Westering Home (Hugh Roberton) (108* d) RE: Origins: Westering Home (Hugh Roberton) 18 Aug 20


Just reading a little bit more about it from newspaper reports of the court case. The verse was acknowledged to be derived from Eilean mo Chrìdh' but the estate claimed originality in other aspects. I think tune wise the judge came to the conclusion it was an amalgamation of some works. Curiously, Hugh S. Roberton's 'Westering Home' is stated to have been written on WIKI as being in the 1920's. However, all newspaper reports of the court case give a date of January 1939 as being its first composition and performance dates.

11th May 1960, Birmingham Daily Post
PIANO PLAYED IN HIGH COURT Judge Could Not Read Music For the first time a piano was played in the High Court yesterday and a record player was placed ready for use. Mr. Justice Cross asked for the piano because he cannot read music and wanted to hear the tunes mentioned in an action before him alleging infringement of copyright,,,Plaintiffs claimed injunctions restraining infringement of copyright, and damages. Defendants denied infringements or that plaintiffs' alleged copyright existed. Traveilin' Home had been widely broadcast and Sir Hugh's music had become associated with it in the mind of the public. Westering Home was composed by Sir Hugh in 1939. He had arranged a traditional air, written the accompaniment and had done a certain amount of original composition. There was substantial identity between Sir Hugh's and the defendants' song, which had been written by Mr. Masters and Mr. Rowe. The fact that part of Westering Home closely resembled a traditional air was wholly beside the point. The work was entitled to copyright as a whole. Discussing alleged similarities between the songs, Mr. Shelley said that the letters E.G.B.D.F. had been adapted into a phrase, " Every good barrister deserves fees," so that they would be easier to remember. Judge's Request Then Mr. Justice Cross requested that a miniature piano be brought into court during the midday adjournment. " I cannot read the music and it might be of some assistance if I could hear it," he said. "It might lead to people crowding into court to listen. and I do not want the court to be turned into a concert room, but it might help witnesses to elucidate their answers." Mr. Pointon played the melody of both Westering Home and Travellin' Home, and of three other songs—The Mucking o' Geordie's Byre, Bonnie Strathyre and Eilean Mo Chridh. He played slowly at counsel's request and was thanked by the Judge. Giving evidence, Mr. Kenneth Roberton. of Windmill House, Wendover. Buckinghamshire. one of Sir Hugh's six sons. said Westering Home - was published in January. 1939 and a copy lodged with the British Museum.


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