The Sun.
London, England, 1867-01-22 00:00:00

LONDON, TUESDAY, JAN. 22, 1867.

The question of the EYRE defence again attracts
public attention from the discussions that are tak-
ing place upon the matter. In consequence of some
misunderstandings the Secretary of the Eyre De-
fence and Aid Fund, Mr. HAMILTON HUME, has
published the letters that have passed between him

and Messrs. SIIAEN and Itosc OE. Tl kese, latter, it
appears, objected to the terms of the, advertise-
ments put forth by the Eyre Defence ar 41 Aid Com-
mittee, but upon examination we can- aot see that
there is any reasonable ground of c =plaint, and
Mr. HuME gave them a very suitable explanation,
when he said that they were perfectly correct
and in exact accordance with the facts stated
by themselves. Two actions will be commenced
against Mr. EYRE and Colonel NELSON by the
solicitors of the Jamaica Committee. We do not,
indeed, see the object of the statements put forward
by the solicitors of the Jamaica Committee, but
they appear generally dissatisfied, and are anxious
to show that, as the Government have undertaken
the defence of Colonel NELSON, there will not be
demands on the Defence Fund in his case. This
does not seem to be their concern, but we have no
doubt that the public will learn. this with satis-
faction, and it is certainly a matter to afford
satisfaction. No doubt it has at the same time
given great umbrage to those who have come for-
ward with such vehemence and bitterness against
Mr. EYRE and those who assisted him. We feel,
indeed, assured that the Government could not
have done otherwise than undertake the defence.
We can readily understand that the decision should
have caused dissatisfaction. The complaints made
are, however, quite uncalled for, and had better
have been left alone. As for the expression that
" the national purse has been interposed between
these victims of martial law and an English court
of justice" it is quite absurd. If anything
were wanting to prove the inadvisability
of all theseproceedings it would be seen in the confu-
sion worse confounded that has been made by those
who have persisted in carrying on this prosecution
of Governor EYRE.

The public will appreciate in its true light the
whole course pursued by those malignant persecu-
tors of Mr. EYRE ; but it will not advance their
cause, but, on the contrary, damage their reputation
still more to find that they are interposing delays
and hindrances ; and it is now evident that there is
some object in view which they seek to effect
by delay, for an application was made on
Saturday to Mr. Baron BRAMWELL in Chambers
for the purpose of retarding the progress of the
actions commenced against ex-Governor EYRE.
This is an unworthy course to pursue, because if
such a thing as this prosecution is to be under-
taken it should be done at once, and there can be
nothing gained by delay that we can see. In point
of fact the whole affair seems both puzzling and
unsatisfactory ; but we trust that the public will
not suffer themselves to be misled by the arts em-
ployed in the conduct of the matter. We
consider that Mr. EYRE has been shame-
fully treated from the outset of the
affair, and now the way in which this prosecution
is being carried on is making bad worse in a tenfold
degree. If the purpose of this last statement from
the Jamaica Committee be to retard the affair, and
thus throw the others off their guard, we can only
say that it is a very unsuitable mode of proceeding,
but we hope those who have come forward to assist
Mr. EYRE will not be turned aside from their pur-
pose by any of these extraordinary manceuvres.
It is a scandalous thing that a man who
has done so much for his country should be
kept in suspense like this, and perhaps at last, when
not fully prepared, or thrown off his guard by the
delays and obstacles interposed, be suddenly called
upon to make a stand or take his trial. The whole
course of the proceedings against Mr. EYRE have
been characterised by a total want of justice and
fair play, and we hope long before they begin their
last attempts that the general voice of public opinion
will be declared against them pretty strongly, and
in a manner which cannot be very easily mistaken.

A good deal of interest and discussion have been
excited in the literary world by the singular case of
" HOGG V. MAXWELL." The appearance of the
promised magazine, with all the attractions of Miss
BRADDON'S extended reputation and undoubted
talent, had been looked forward to with a good deal
of curiosity, and certainly the publisher, Mr. MAX-
WELL, had spared neither trouble nor expense in
keeping up the interest. Advertisements of all
kinds, ornamented placards, and other ingenious
devices in the fashion of the day, were resorted to,
and the new publication was to be ushered
into society with all possible advantages.
So perverse and disappointing are the turns
of Dame Fortune's wheel, however, that,
at the very outset of its career, the new literary
adventurer encountered two very serious and unex-
pected obstacles. The first was the astounding
appearance of a rival of precisely the same name
and character ; and the second, its natural conse-
quence--an enemy whose very name is alarming to
most of us—a Chancery suit. It seems that some
three years ago, Mr. HoGa registered the title
" Belgravia," having then some idea of bestowing
it on the popular and attractive magazine now
known as " London Society," which we must con-
fess appears to us the better name of the two.
However,, Mr. MAXWELL was unaware of the
hidden danger, and went on spending his money
and informing the world in general that
a new magazine of great attractions was to de-
light the large circle of Miss BRADDON'S admirers
under that lady's editorship, and assisted by her
fertile and brilliant pen. Mr. HOGG meanwhile
heard and made no sign. It is in this respect that
whatever the decision of law the case in equity is
against him. It is not credible that the publisher
and managers of the rival " Belgravia" should not
have known of the announcements ; indeed, to do
them justice, they do not pretend any such igno-
rance, but, confessedly, were "fully aware of his
intention." We cannot but think that a publisher
who has a prior claim to a particular title,
and intends to assert that claim, is bound in
honour to give the earliest intimation possible
to any one who unknowingly infringes his rights.
Mr. MAXWELL has good reason to complain that
the rival " Belgravia" has shared the publicity
given by his advertisements and exertions. Those
who may not be familiar with the dispute, and
consequently not aware of the difference in the
publisher's name, might very well have purchased
or ordered the earlier numbers of Mr. HOGG'S
"Belgravia," thinking it to be Mr. MAXWELL'S
"Belgravia." The law, as is well-known, gives
little comfort to either side. It admits Mr. HOGG'S
priority of claim, but holds that registration confers
no exclusive privilege. "It would be absurd,"
says Lord Justice CAIRNS, "to suppose that
the Legislature meant that by the registration of one
word, copyright in that word could be obtained,
although it was the title of an intended publication."
It admits that Mr. MAXWELL has been spending
his money and trouble for the benefit of other par-
ties, but denies tnat such outlay gives him a claim
to profit by its returns. " Expenditure alone,"
says Lord Justice TURNER, "could not create such
a right, for then any person expending money
upon a particular undertaking could restrain
another from carrying on a similar undertaking."
So that English law, as usual, is a series of
negatives. Its exponents aro very ready to say
what it cannot do, but less prompt in telling
us what it can du. It is so much afraid of
interfering with individual rights and privileges