There was a howl of exultation from the mob, and in another second the
wretched Augusta was pressed, together with the lady’s maid, who began
to scream with fright, right up against a lamp-post, while a crowd of
eager faces, mostly unwashed, were pushed almost into her own. Indeed,
so fierce was the crowd in its attempt to get a glimpse of the latest
curiosity, that she began to think that she would be thrown down and
trampled under foot, when timely relief arrived in the shape of two
policemen and a gentleman volunteer, who managed to rescue her and get
them into a hansom cab, which started for Hanover-square, pursued by a
shouting crowd of nondescript individuals.
Now, Augusta was a woman of good 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 a little riverside hotel
on the Thames.
When Eustace, walking down the Strand that afternoon, 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, threatened him with proceedings
of every sort and kind. The man admitted outright that he had put the
photographs upon the market, saying that he had never stipulated not to
do so, and that he could not afford to throw away five or six hundred
pounds when a chance of making it came in his way.
Thereon Eustace departed, still vowing vengeance, to consult the legal
twins. As a result of this, within a week, Mr. James Short made a
motion for and injunction against the photographer, restraining the
sale of the photographs in question, on the ground that such sale,
being of copies of a document vital to a cause now pending in the
Court, those copies having been obtained through the instrumentality of
an officer of the court, Dr. Probate, the sale thereof amounted to a
contempt, inasmuch as, if for no other reason, the 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. It 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. It is also memorable for the unanimous
and luminous 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. This
judgment contained perhaps the most searching and learned definition of
constructive contempt that has yet been formulated: but for the text of
this, I must refer the student to the law reports, because, as it took
two hours to deliver, I fear that it would, notwithstanding its many
beauties, be thought too long for the purpose of this history.
Public-domain text, read in full here on John Shaqi.
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