The difference between pending and decided cases has been frequently
recognized by the courts. What would be a fair comment in a decided case
may tend to influence the mind of the judge or the jury in a case
waiting to be heard, and will accordingly be punished as a contempt. In
_Tichborne_ v. _Mostyn_ the publisher of a newspaper was held to have
committed a contempt by printing in his paper extracts from affidavits
in a pending suit, with comments upon them. In the case of _R._ v.
_Castro_ it was held that after a true bill has been found, and the
indictment removed into the court of queen's bench, and a day fixed for
trial, the case was pending; and it was a contempt of court to address
public meetings, alleging that the defendant was not guilty, that there
was a conspiracy against the defendant, and that he could not have a
fair trial; and the court ordered the parties to answer for their
contempt. In the case of the Moat Farm murder (1903) the high court
punished as contempt a series of articles published in a newspaper while
the preliminary inquiry was proceeding and before the case went to a
jury (_R._ v. _Parker_, 1903, 2 K.B. 432). The like course was followed
in 1905 in the case of statements made in a Welsh newspaper about a
woman awaiting trial for attempted murder (_R._ v. _Davies_, 1906, 1
K.B. 32); and in the case of the _Weekly Dispatch_ in 1902 (_R._ v.
_Tibbits and Windust_, 1 K.B. 77), two journalists were tried on
indictment, and held to have been rightly convicted, for conspiring to
prevent the course of justice by publishing matter calculated to
interfere with the fair trial of persons who were under accusation.
Courts having jurisdiction.
"In the superior courts the power of committing for contempt is inherent
in their constitution, has been coeval with their original institution
and has been always exercised" (Oswald, _On Contempt_, 3). The high
court in which these courts are merged is the only court which has a
general jurisdiction to deal summarily with all forms of contempt. Each
division of that court deals with the particular contempts arising with
reference to proceedings before the division; but the king's bench
division, in the exercise of the supervisory authority inherited from
the old court of king's bench as _custos morum_, also from time to time
deals with acts constituting interference with justice in other inferior
courts whether of record or not. The nature and limits of this
jurisdiction after much discussion have been defined by decisions in
1903 and 1905 in attempts to try by newspapers cases under inquiry by
justices or awaiting trial at assizes or quarter sessions. The exercise
of this authority in the king's bench division, being in a criminal
cause or matter, is not the subject of appeal to any higher court.
Public-domain text, read in full here on John Shaqi.
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