CO129-123 - Sir MacDonnell - 1867 [7] — Page 412

3.3

This

407

kard

is the Exhibit "A" referred to in the annexed affidavit of John Charles Whyte

John Charles Whyte sworn before this day.

Hongkong

16

July 1867 Mayss

I

It is clear that every Court of record has power to protect its dignity, the dignity not of the individuals who may at that time constitute the Court, but of the administration of justice, and for this purpose it is itself the sole judge of what is an insult to its dignity. This may appear harsh and uncons- titutional, but it is er necessitate. What was done in olden time will appear from Viner and Bacon's Abridgement. I recommend to the consideration of persons interested in this matter the King v. Davison in re Carus Wilson, 14 L. J., Q. B., re Pater, L. J., vol. 43, 142, and re MacDeane, L. J. It is painful, as was in effect said in a recent case, for a Judge to be both jury and judge, giving a verdict and inflicting punishment in his own case. It is most painful on the present occasion when the offender is a Queen's Counsel; but I must act, and that verdict I shall give on Monday. So anxious am I, however, to do what is right, and I have made up my mind before hand, that I shall give the learned Queen's Counsel opportunity and every assistance in carrying the matter to the highest tribunal, and appealing to the Privy Council. The Court was reduced to such a chaotic state, had been so habitually insulted, and addressed in a way so insulting, that I have had no other resource. From the first step downwards, the case was one unprecedented in the annals of a Court of justice. I have given the learned Queen's Counsel due notice.

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