SIR,
To the Editor of the "Friend of China."
HONGKONG, 14th December, 1858.
Court to give evidence as to Sir John Bowring's state of health, -Dr Menzies, who had seen most of him, and who entirely concurs in my opinion as to Sir John's unfitness to appear in the Court, being unavoidably absent.
I went to Mr Masson, and found that if I left a certificate for His Excellency it would suffice, and I was just about to start up the hill to see Mr D'Almada, when in that gentleman walked. He had (not having seen me) come to beg Mr Masson to ask the Judge to excuse him remaining in the Court as he was unable to do so; I told him that it was very wrong of him to have left his house-that he was certainly not fit to be out; but that he must now stay, for I could give him no certificate as he must have been seen coming through the Court, and it would be thought that I was giving a certificate when it was not required.
As I understand that you are about to publish a pamphlet containing an account of the late trial for Libel, The Queen versus Tarrant, I shall be obliged if you will insert this note in your pamphlet, and the enclosed explanation of the circumstances under which I granted a sick certificate to Mr J. D'Almada an explanation which would have been offered to the Court itself, but for my ignorance of the proper time to interrupt its proceedings by this purely personal matter, and but for the unexpected speedy termination of the case,
I am,
Sir,
Your obedient servant,
T. A. CHALDECOTT.
EXPLANATION.
"Mr J. D'Almada had been obliged to remain at home from office for two days, on account of an inflamed leg, which to-day was worse instead of better, and gave him much pain. I therefore wrote to him in the morning to see him, as he found was unable to go down to remain in Court. I was unable to see him before noon, when I was compelled to go down to the Court, and remained there especially to make this explanation if the case went on, and it was called for.
He begged that I would not refuse it him, as he was in great pain, and more to the same effect, and the appearance of the leg fully bore him out in his statements. At last I reluctantly consented. I should have left him perhaps to suffer the consequences of his folly, but for two things: 1st, that he stated Mr Anstey had got all his evidence, and the depositions could be read; and 2nd that I had heard the trial would almost certainly be postponed, in consequence of Sir John Bowring's state of health. Mr J D'Almada states it is not true that he was in Court after I had given the certificate, but that he went straight home.
Signed)
T. A. CHALDECOTT
Judicial
14
22 Beer%
Answ2 51-21 De
3
7.1868
100
12024 trong tương.
RECEIVED
6 DEC 1859.
407
3) Government office, Hongkong, 8th October, 1859.
My Lord,
Having given my best consideration to the question raised by Sir John Bowring, and referred to Sir Edward Lytton, as to whether the Attorney General of Hongkong should be allowed to engage in private practice in Court, I have arrived at the conclusion that it is on the whole most conducive to the Public interests of this Colony that he should not.
His Grace
The Duke of Newcastle,
No.
Ho.
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