The Express.
London, England, 1867-07-18 00:00:00

LAW INTELLIGENCE.
(THIS DAY.)

EQUITY COURT.
(Before Vice•ChanceUer Sir W. Page Wool.)
TIC,II3JRNIZi..IIIO,TYN.—TICHISORNE e. TICHIR,KNE.

Mr. C. M. Giffin-a, Q.C., Mr. Drum., Q.C., and Mr. I,
Well, appeared in support of a motion on behalf of
the plaintiff. that the printers and publishers of the Pall
,u. I;it Oh, the Tim's, the Morning Past, the Marnisa
the N,,athastpl,,,, Times, the Hampshire
t'-, ~,• 1,, and the Hampshire Ademaierr might show
to i.o why they should not be committed for contempt
,ottrt iu publishing extracts front (and in some instances
e... iu.cnts upon) la ttaavits filed on behalf of the plaintiff
with the view of prejudicing his case before it comes to be
heard, and thereby interfering with the proper administra-
tion of justice. Not one of the affidavits have yet been
read in court. The main subject of complaint
was an article published in the Pall Mall Gazelle
the _Jrd of June last, which commenced in this
say .—" We have been favoured with • perusal
.1 th•• affidavits put in on the plaintiff's behalf in this ex-
traordinary case." The writer then proceeds to give a
sketch of the contents of the affidavits, with the following
comment:—" Neither the names of the vessel that saved
th•.• claimant's life, nor of her captain, nor of any of his
it ..cue.l shipmates, are given in the claimant's affidavit.'•
After a further statement of the contents of the
deposition' made by the plaintiff's mother and
other persons, the writer makes this comment :
'• W. have not space to enter into detail as to the state-
',tents of the thirty-four persons whose affidavits follow
those of the claimant and lady Tiehbome. Many of them
are important enough, if the deponent' can endure cross-
catunination in the witness box ; many are obviously false,
alnunl, and wotthless, being those of persons who never
Laving seen the claimant before he left England are never-
theless convinced that he is the person he claims to be."
In conclusion the writer says :—" We happen to know as
a fact that Mr. Denby Seymour, M.P., the claimant's
uncle. Mr. M'Evoy, M.l'., and Major Phillips, formerly of
the Carabineers, his brother officers, his aunt, Mrs. Nagle,
:and his cousins, Mrs. John Townely and Mrs. Radcliffe,
have bad interviews with him ; but as we do not find any
affidavit* from them in corroboration of his identity
moungst the documents included in the volume now
before us, we presume that they failed to recognise in the
claimant their long-lost relative."
It was urged in support of the motion that there were
many nonage' in this article calculated to prejudice the
mind of the court, and the verdict of the jury, and even if
they diottlil fail in bringing about such a result, they
might .Teter persona from coming forward to give evidence
who might be disposed to do so if they were assured that
their statements would not be commented on injuriously
iu the newspapers. The plaintiff's solicitor deposed to his
belief that the article was likelyto have this effect, and thus
to obstruct the due administration of justice. Cases were
cited to show that a publication of matters in evidence, before
they had been discussed in court was a contempt : but it
was added that whilst the applicant made the motion in
the for:n above, mentioned, he did not desire to press for
committal, but would be content with such an order as
would effectually prevent the repetition of the offence
complained of.

Sir it. Palmer, Q.C. (with him Mr. Speed), for the
editor of the Pail Malt na:ette, said be admitted at once
that it would be better if no publication ever took place
before a trial, of even verbal and literal extracts from the
evidence which was about to be used. He should have
prrferred that the writer had abstained from pointing
out to the plaintiff the weak points in his case, and bad
left it to him as the defendant's counsel to make the
comments the writer had made on his evidence. But
when the article came to be examined, it would be impos-
sible to imagine a greater absence of injurious personal
comment, except perhaps in the words " false,
absurd, and worthless," for which, however,
a reason was given, founded, not on the character of the
parties, hut on the nature of the case. The statement of
the contents of the affidavits was true ; their purport was
given without exaggeration or extenuation. The plaintiff's
solicitor had cot said that belied not put these affidavits in
circulation. He, himself, Lad placed an advertisement in
the Tiny: with reference to this particular use. The case
bad thus obtained great notoriety, and it was the
constant practice of newspapers to make comments on
eases which were the subject of public interest, pending
their decision. No one had thought of interfering with the
articles that were written about the Overend and Gurney
case whilst it was being argued. The plaintiff in substance
was asking to restrain the publication of a statement of his
own rights.

The Vioe-Chancellor said • gross contempt had been
committed, and an effort bad been road., to prejudice the
minds of the public against the plaintiff, and in the most
offensive manner. He would reoerre deciding upon the
course which the court would take till after he had heard
the other cases.

Two other cases were those of the Time, and Adrerlistr,
wi,ich had republished the Pall Mall article.
Kr. Kaye, Q.(., for the Post, contended that there had
been no intention to act contemptuously.
A similar statement was made on behalf of three Hamp-
shire papers, and these his honour directed to stand over
to answer affidavits.

f3iz IL Palmer desired, on behalf of the Pall Mall
Ccale, to make Dia humble submission and apology.
The Vice-Chancellor then said he thought the ends of
justice would be met by making the Pall Mall Gazette
sod Monti's,/ Put pay the costs of the motion. In the
ease of the Time/ and Ackertiacr no order would be made,
lath paying its own 004111.

COURT OF PROBATE AND DIVORCE.
(Before the Judge Ordinary.)
PHILLIPPS AND OTHERS T. HOLMES AND STONEHAM.
Dr. Deane, (Ix., Serjeant Ballantine, Mr. Nalder, and
Mr. M urphy for the plaintiffs ; the Queen's Advocate, Mr.
Prentice, Q.C., and Dr. Tristram, for the defendants ;
Dr. Twins,Clarkson for interveners.
This was a suit to establish the validity of the will and
codicil of Mr. George Phillippe, late of Streatham-park,
who died at the age of 77, on the 30th of August, 1865.
They were propounded by his executors, the defendant',
7ho were members of a firm of solicitors in London ; and
it was opposed by the plaintiffs (who alleged that they
were cousins of the deemed) on the ground of undue
execution, wan; of capacity, and undue influence.
The testator was a man of singular habits, and by the
death of his brothers and sisters he _ had been left the

18. !T.! W. 114 Zd..—!l—...,aw. W. L ilt
i ull. D. O.
I--,
is Urn 119.42 66 &N.H. 1' 2 R. o ;0.07, 0
Aberdeen 2040 56 LN.L 1 1 ' 11.11 E. bo !Gm 1
Leith 2942 67 W. 461 W. ol j 3
AIdrUMA II .• • 1.29. 49 67 i B.W. 2 2 B.W. re 0.19 1
Greencastle ,22.46 54' 8.8. N. 1 4 W.N.W. r , 0.4611
Vaientia -29.72 57, N.W. 6 I B.W. rb 10.231 6
Cape Clear ! .- - -
lArerpool 12.48 50' &E. 3 W. or 071131 i
Holyhead 1&44 1111' B.W. 4 WARW. e 0.03; 4
Penzance. —1275 50 W.N.W. 4 W. r ,0.291 3
Brest l9BB 01. B.W. 6 W.B.W. lc '0.20 6
Lorient. 19.9666 B.W. 41 W. 9 W. dr 'O.OB 6
Rochefort 80.0260 N.W. 4 N.W. o —I 2
Plymouth 19.7261 W. 4 W. Cr 0.29 2
Weymouth - -
Portsmouth 29.68 02 W.R.W. 8 9 W.N.W. r 0.!117
London
_ 2964 60 W. 4 8 W. cr 10.30 -
Yarmoo_ .th. 11971 00 B.W. I I A.W. .crl ' 1
Scarborough 29.5157 W.B.W. 114 N.W. 1 e o.ol' 2
Shields
Helder — - I
REMARKS.
Barometrical pressure has Increased on the north and east
coasts, but has diminished on the south and west Winds are
variable, lint on south coast are westerly. Weather overcoat,
and rain ha been general.

Sir Moses Montefiore (save the Kentish Obsereer)
having received most heartrending details of the sufferings
of his co-religionists in Moldavia, has determined, notwith-
standing his great age, to proceed on a charitable mission
to Jassy, to exercise, by his personal presence, his influent*
on behalf of the sufferers.

HEALTH OF LORD FITZHARDINOR.—W9FDATtd to

Pd. 10. prior.