*
..
3
cinio
141
-ly on the point at issue because practice is not to be gained
from books, and that but for the temper which he shewed and his
insulting demeanour towards myself because 1 had as custodian of
the records pointed out an irregularity on his part, this matter
would never have arisen. Also that this is not a matter, and 1
lay stress on the point, wherein Mr. Smith can act independently
of the Chief Justice, as i pointed out to him at the time, and
that a great want of courtesy and consideration has thereby
been shown to the Chief Justice who has been totally ignored
although I may mention that I did not fail at the time immediate-
ly to report to his Honour Mr. Sercombe Smith's behaviour to-
wards myself.
22.
Finally after an unblemished and honourable career of
over 30 years, I am not likely at this stage to commit myself
in the manner in which Mr. Smith has placed the position before
the Government, for, as Lord Mansfield, has it: "If I was wrong
I should think it more honourable to acknowledge and rectify
any error that I should have committed, than to justify and
defend it." (Kex v. Wilkes, 4, Eurr, Ft. IV,2532.)
28. I blame myself only for one thing; that when Mr. Sercombe
Smith sent for me, I did not as on previous occasions and as in
the case of Mr. Justice wise as well, when in office, send his
own clerk to him or one of my Deputies. This would have prevent-
ed the unpleasant contretemps which kr. Sercombe Smith has now
brought about.
Most respectfully submitted for the information of his Excellency the Officer Administering the Government.
5. Cameron Villas,
Feak,
28th. May,1902.
(sd.) J. N. Norton Kyshe,
Registrar of the
Supreme Court.