In the matter of the Petition of EDWARD HUTCHINSON POLLARD, One of Her Majesty's Counsel for the Colony of Hongkong, against The Honorable the Chief Justice of the said Colony, and against the Sentence passed upon the said Petitioner by the said Chief Justice, on the Second day of July, A.D. 1867.
I, EDWARD HUTCHINSON POLLARD, of Victoria in the Colony of Hongkong, the above named Petitioner, make oath and say:
1. That the statements as to facts contained in my said Petition, produced and shown to me, and marked 4, are respectively true in substance and in fact.
2. That on the Second day of July instant, The Honorable JOHN SMALE, Chief Justice of this Colony, delivered a Judgment against me, and that the Exhibit, hereunto annexed, and marked B, is, as I verily believe, a true and correct copy of such Judgment.
3. The statement contained in the said Judgment that I "persistently, though more than once stopped by the Chief Justice, put leading questions to the Comprador," is utterly untrue, and the fact is that the Chief Justice only once (alluded to in the next paragraph) said anything to me about the mode of putting questions to the witness.
4. The statement contained in the said Judgment that my answer to a remark from the Chief Justice as to the Comprador being my own witness, "was pointed and curt, and was apparently made to raise, and only to raise, a laugh against" the Chief Justice, is utterly untrue, both as to my manner and as to any such intention, either real or apparent.
5. The statements contained in the said Judgment that I "with unnecessary vehemence insisted" that some evidence to which I objected could not be received, and that my "demeanor was, to say the least, offensive and disrespectful in consequence" of the Chief Justice deciding to receive the evidence, are both utterly and entirely untrue; the fact being that I took, in ordinary manner, an objection to a question, put by the Counsel for the Defendant, as being an improper one to put then, for reasons that I then stated, and that my manner was neither vehement, offensive, nor disrespectful; and moreover that the evidence was received because the Defendant's Counsel next put the question that I contended should have been put first, and proved that what the witness did was done by Plaintiffs' direction.
6. That the statement contained in the said Judgment that I "looking the Chief Justice steadfastly in the face, said with a scornful expression, our eyes meeting, and in a discourteous and defiant manner, He is not a piece of paper' to be produced in Court," is utterly and entirely false in every single particular; the fact being, as set forth in my Petition, that what I did say on the subject was said to Mr. WHYTE, the Counsel on the other side, and that I was seated at the Bar Table next to where Mr. WHYTE was standing, and my head was turned away from the Bench towards Mr. WHYTE, and that instead of the manner above imputed to me I was actually smiling when I spoke, and that I never even looked towards the Bench, but turned again to my Book, until the Chief Justice addressed me by name.
7. That the statement contained in the said Judgment that I "with vehemence of tone and manner” said that "I will not be dictated to, or talked down" is untrue, the fact being that I said, in a manner, which though firm was perfectly respectful to the Court "I decline being taught my duty by any one:" and that the statement in the said Judgment that I said "that is all right, if we would only stick to it" is incorrect, as the words I used were "if that rule be followed it will be much better," though these words were said after His Lordship had returned into Court and not before he left it, as alleged in the said Judgment.
8. That the statements contained in the said Judgment that my manner, previous to the Chief Justice leaving the Bench, was "violent," and, on his return into Court, "contemptuous" and "defiant," and that my tone was "offensive" and "defiant," are all perfectly untrue and unfounded; the fact being that, having seen that the Chief Justice was angry and excited and apparently inimical to me, I made a point of being markedly respectful and deferential to the Court in order, if possible, to avoid giving any cause of offence.
EX.