Marked a .
78
from previous experience with this gentleman, that recollec-
tions of what occurred were apt to differ, I asked the gentle-
men present to assist me in stating without partiality or bias
of any kind what had taken place and I specially asked them to
see that nothing was omitted which was in Mr. Kyshe's favour.
The result was a somewhat involved, but, I believe absolutely
fair and correct account of what occurred, signed then and
there by all the professional gentlemen present. Of this l
enclose a copy.
7.
While it might well be contended that the
Full Court would have power to deal with this matter as a con-
tempt of Court (see p. 16 Oswald on Contempt) it is obvious
that I should not desire to sit in a case of this kind, and I
am sure Mr. Justice kise would decline to sit, because 1 under-
stand he had occasion to turn Mr. Kyshe cut of his (Mr. Justice
Wise's) Chambers, the same day. This I only heard this morning.
8.
The only course open is to report the mat-
ter to Your Excellency.
For the convenient and right administra-
tion of justice there should be confidence and co-operation bet-
ween the Judges and the Registrar. Unfortunately, 1 find Kr.
Kyshe so difficult to work with, that I would prefer myself to
do work I might fairly expect bim to do, rather than run the
risk of being annoyed by him if I seek his assistance.
10.
Soon after I came to the Bench, Mr. Kyshe
asked me to excuse him from attending in Court owing to the
necessity of his being in the Registry and, as he does not
attend in Chambers when summonses are heard, leaving Court and
Chamber work to the courteous and hard working Deputy Registrar
(Mr. Seth) he ought certainly to have abundant time to super-
vise matters generally in the Registry.
11.