10.
A leave
where
of his duties. His case being that the state of his health renders such
relaxation indispensable.
13.
In Mr Smale's case, like all other instances when vacation leave is applied for, due provision must be made for discharge of his duties, and Mr Smale knows well that this is beyond my power in the absence of the permanent Summary Court Judge, for no practitioner here would consent to take the post of Acting Chief Judge, for it would involve
the direct and immediate loss of all retainers and practice. I believe the retainers alone of one barrister here exceed the whole official income of the Chief Justice, and certainly the Attorney General would
11.
89
not and would not make such a sacrifice.
14.
Nevertheless, from the extraordinary lamentation raised by Mr Smale on his own case, and which in a letter received from him whilst I was penning this rises now to an appeal for mercy if not for justice, I find it difficult, taking it in connection with other correspondence, to suppose him quite "compos mentis". For, if leave of absence be so very necessary, as he states, he is already offered leave on half-salary, take it. Bringing, as is reported, an independent ...
if he does not ...
I really cannot consent to be held responsible by him for all the frightful consequences which he represents as likely to result.