In 9147/67
419
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, GEORGE MURRAY BAIN, of Victoria, in the Colony of Hongkong, Reporter to the China Mail, Newspaper, make oath and say:--
1. That I was present as such Reporter to the China Mail in the Supreme Court of this Colony, on Thursday, the Twenty-seventh day of June last, when the case of OLYPHANT and Others vs. Loo Aung came on for Trial before the Chief Justice of the said Colony and a Jury, and remained in Court until the adjournment thereof.
2. That I was also present as such Reporter on Saturday, the Twenty-ninth day of June last, in the Supreme Court during the sitting of the said Court.
3. That I was also present as such Reporter in the said Supreme Court on Tuesday, the Second day of July instant, upon the occasion of the delivery of a Judgment by the said Chief Justice against Mr. E. H. POLLARD, Q.C., when that Gentleman was fined and suspended from practice for Fourteen days for alleged contempts of Court.
4. That I remarked with surprise that the manner of the Chief Justice on the said Twenty-seventh day of June was excited and intemperate, and that he appeared inimical to Mr. POLLARD, and I was astonished when the Chief Justice called on Mr. POLLARD to apologise as there was nothing in that Gentleman's language, manner, demeanour or tone of voice which could possibly be looked upon as a contempt of, or insult to, either the Court or the Judge, and as for the past Three years and a half I have been constantly in the habit of reporting in the Supreme and other Courts in this Colony and owing to Mr. POLLARD's very extensive practice therein am thoroughly acquainted with that Gentleman's manner and general demeanour in Court—I can confidently say as I do above that Mr. POLLARD gave no cause of offence to the Court on that day.
5. That Mr. POLLARD both on the said Thursday and on Saturday, the Twenty-ninth of June, requested to be informed of what he was accused by the Chief Justice, disavowed any intention to show disrespect to the Court, and denied having done so but at the same time expressed his perfect readiness to apologise if it were shown that he had done wrong in any way.
6. That on Tuesday, the Second day of July instant, Mr. POLLARD repeatedly asked the Chief Justice to be allowed to be heard, but the Chief Justice always peremptorily declined to allow him to speak.
7. That on the said Second day of July, Mr. POLLARD was subjected by the Chief Justice to most unmerited contumely and humiliation.
Sworn at Victoria, Hongkong, this Fourth day of July, A.D., 1867.
Before me
Mayo
The affidavit of
George Murray Bain.
In 9147/67
419
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, GEORGE MURRAY BAIN, of Victoria, in the Colony of Hongkong, Reporter to the China Mail, Newspaper, make oath and say:--
1. That I was present as such Reporter to the China Mail in the Supreme Court of this Colony, on Thursday, the Twenty-seventh day of June last, when the case of OLYPHANT and Others es. Loo Auung came on for Trial before the Chief Justice of the said Colony and a Jury, and remained in Court until the adjournment thereof.
2. That I was also present as such Reporter on Saturday, the Twenty-ninth day of June
last, in the Supreme Court during the sitting of the said Court.
3. That I was also present as such Reporter in the said Supreme Court on Tuesday, the Second day of July instant, upon the occasion of the delivery of a Judgment by the said Chief Justice against Mr. E. H. POLLARD, Q.C., when that Gentleman was fined and suspended from practice for Fourteen days for alleged contempts of Court.
4. That I remarked with surprise that the manner of the Chief Justice on the said Twenty- seventh day of June was excited and intemperate, and that he appeared inimical to Mr. POLLARD, and I was astonished when the Chief Justice called on Mr. POLLARD to apologise as there was nothing in that Gentleman's language, manner, demeanour or tone of voice which could possibly be looked upon as a contempt of, or insult to, either the Court or the Judge, and as for the past Three years and a half I have been constantly in the habit of reporting in the Supreme and other Courts in this Colony and owing to Mr. POLLARD's very extensive practice therein am thoroughly acquainted with that Gentleman's manner and general demeanour in Court-I can confidently say as I do above that Mr. POLLARD gave no cause of offence to the Court on that day.
5. That Mr. POLLARD both on the said Thursday and on Saturday, the Twenty-ninth of any intention June, requested to be informed of what he was accused by the Chief Justice, disavowed
at any time to show disrespect to the Court, and denied having done so but at the same time expressed
his perfect readiness to apologise if it were shown that he had done wrong in any way.
6. That on Tuesday, the Second day of July instant, Mr. POLLARD repeatedly asked the Chief Justice to be allowed to be heard, but the Chief Justice always peremptorily declined to allow him to speak.
7. That on the said Second day of July, Mr. POLLARD was subjected by the Chief Justice to most uninerited contumely and humiliation.
Sworn at Victoria, Hongkong, this
Awer reth day of July, A.D., 1867.
Before me
Maye
The forthayk of
To Murray Rain.
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