Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1888-10-05


| nerve and resolution; but this sort of
thing was too trying, and, accordingly,
| accompanied by Lady Holmhurst, she
went off, that very day, to some rooms in
| u little riverside hotel on the Thames.
When Eustaco, walking down the
| Strand, found every photograph shop full
| of accurate pictures of the shoulders of
his beloved, he was SIMPLY furious; and,
rushing to the photographer who had
taken the picture in the registry, threat
ing him with proceedings of every sort
and kind Tho man admitted outright
| that he had put tho photographs upon the
market, saying that he had never stipu-
lated not to do so, and that he could not
| afford to throw away five or six hundred
pounds when a chance of making it camo
in his way.
Thereon Eustacc departed, still vowing
vengeance, to consult the legal twins. As
q result of this, within n week Mr.. James
Short made motion for an Injunction
against the photographer. restraining tho
sale of the photographs in question on
the ground that such sale being of copies
of a document vital to u cause now pend
| ing in the court, those copies having been
obtained through the instrumcntaity of
an officer of the court, DR.. Probate, the
sale thereof amounted to a contempt, in
photographer who obtained them became
technically, and for that purpose only, an
officer of the court, and had, therefore, no
right to part with them, or any of them,
| without the leave of the court. 1t will be
remembered that this motion gave rise to
some very delicate questions connected
with the powers of the court in such a
matter and also incidentally with the law
of Photographic copyright. 1t is also
memorable for the unanimous and lumin-
GUS judgment finally delivered by the
lords justices of appeal, whereby the sale
of the photographs was stopped, and the
photographer was held to have been
guilty of a technical contempt. Unfor-
tHnately, however it did not greatly bene
fit Augusta, the victim of the unlawful
dissemination of photographs of her
shoulders, inasmuch as the judgment was
not delivered till a week after the great
case of Meeson VS.. Addison and Another
had been settled.
About week after Augustas adven-
ture in Regent street n motion was made
in the court of probate on behalf of the
defendants, Messrs Addison and Roscoe,
who were the executors and principal
benefciaries under the former will of No
Vember, 1888, demanding that the court
should order the plaintiff to file n further
and better affidavit of scripts, with the
original will set up by him attached, the
object, of course, being to compel an in
spection of the document. This motion,
which first brought the whole case under
the notice of the public, was strenuously
resisted by Mr.. James Short, and resulted
in the matter being referred to the learned
registrar for his report. On the next mo-
/, ton day this report was presented, and,
on its appearing from it that the photog-
raphy had taken place in his presence and
| accurately represented the tattoo marks
on the lady's shoulders, the court de-
clined to harass the "will' by ordering
her to submit to any further inspection
/ before the trial. 1t was on this occasion
that it transprcd that the will was en-
gagged to be married to the plaintiff, a
fact ut which the court metaphorically
opened its eyes. After this the defend
ants obtained leave to amend their an
swcr to the plaintiffs statement of claim.
, At first they had only pleaded that tho
testator had not duly executed The alleged
| will in accordance with the provisions of
l Vic, cap. 26, sec. ,, and that he did
, not know and approve the contents
thereof. But now they added a plea to
t the effect that the said alleged will was
f obtained by the undue influence Of Au-
gusta Smithers, or, as one of the learned
counsel for the defendants put it much
. more clearly at the trial, chat the will
4 had herself procured the will by an I'M
t due projection of her own viii upon the
c unwilling mind of the testator'
t And 50 the time went on. AS often as
p he could, Eustace got away from London,
= and went down to the little riverside
a hotel and was as happy as man can be
= who has tremendous lawsuit hanging
n over him.
n Never day passed but some fresh
Y worry arose. James and John, the legal
g twins, fought like heroes, and held theil
r own, although their experience was SC
o small-aS men of talent almost invariably
c do when they are put to it,. But it was
n difficult for Eustace to keep them sup
t piled even with sufficient money for out
/ Of pocket expenses; and, Of course, as
e was natural in case in which sucl
/ enormous sums We're at stake and il
It which the defendants were already mel
c Of vast wealth, they found the flower OF
/. the entire talent and weight of the ban
l. arrayed against them. Naturally EustacC
?, felt, and 50 did Mr.. James Short-who
d notwithstanding his pomposity and the
c technicaIity OF his talk, was both a clever
It and sensible man-that more counsel
a men of weight and experience, ought tt
5, be briefed; but there were absolutely III
a funds for this purpose, nor was anybody
- likely to advance any upon the security
r. of will tattooed upon IL young LADY,
/. back This was awkward, because sue
y cess i'll law proceedings so very Otter
u leans toward the weightiest purse, anC
i judges, however impartial, being but mel
a after all, are more apt to listen TO al
o argument which is urged upon their at
r tention by an attorney general than OF
h one advanced by an unknown junior.
IS However, there the fact was, and the,
had to make the best of it; and poin
in their favor was that the case, although
h Of a most remarkable nature, was com
|. paratively simple, and did not involve an
IS great mass Of documentary evidence,
d --
n CHAPTER XIX