HONGKONG.
18th JULY, 1867.
Honorable CECIL C. SMITH, Acting Colonial Secretary,
Appendix M. 1. Report of the Trial of
Olyphant v. Loo A. Hung on the 27th June 1867
(From the China Mail of the same evening)
To
Honorable JOHN SMALE,
CHIEF JUSTICE.
Transmits Petition to the QUEEN, of E. H. POLLARD, Esquire, Q.C., containing charges against CHIEF JUSTICE.
Enclosure A3 mm longer For Richard Graves Macdonnell's Despatch 1.339 of 29th July, 1867.
SUPREME COURT.
Before the Hon the Chief Justice, and a Common Jury.
June 27th, 1867.
Olyphant and others v. Loo A. Hung---For a Breach of Warranty on a sale of No. 1 Brown Shekloong Sugar.
Mr Pollard, Q.C., appeared for the plaintiffs, instructed by Mr Caldwell; and Mr Whyte, instructed by Mr Gaskell, appeared on behalf of the defendant.
The jurors were as follows:-Messrs G. C. F. Rodatz, B. T. Kindersley, Joseph Searle, H. W. Davis, C. T. Deane, E. R. Handley and F. Degenaer.
AN ADJOURNMENT EXTRAORDINARY.
Shortly after this case commenced, and while Mr Whyte was cross-examining plaintiff's compradore, some reference was made to another Chinaman also in plaintiff's employ, and the Chief Justice said "put him in the box;" when the following conversation ensued.
The Chief Justice said that, as the man was a servant of the plaintiff, they should produce him.
Mr Pollard: You cannot produce him like a piece of paper. Let him be subpoenaed in the usual way.
Chief Justice: Do you mean, Mr Pollard, to put them to the trouble and expense of subpoenaing him? Well, if you don't produce him, I will take that into account in my direction to the Jury.
Mr Pollard: I will put only those witnesses in the box which I, as counsel for the plaintiff, may see fit. I may make a mistake, but I will not be dictated to or talked down by any one as to what I am to do.
Chief Justice: I am not talking you down, Mr Pollard. You will do your duty, and I will do mine.
Mr Pollard: That's all right, if we would only stick to it.
Chief Justice: Now, Mr Pollard, you will always have the last word; and I think it is most disrespectful to the Court to use language you are in the habit of using.
The Chief Justice then left the Bench; but after an interval of a minute or two, returned.
Chief Justice: Do you apologize, Mr Pollard?
Mr Pollard: For what, my lord?
Chief Justice: You know what has passed; you know what for.
Mr Pollard: If I have offended in any way, there is no man more willing to admit it and to apologize. Will you hear me?
Chief Justice: For an hour, if you like.
Mr Pollard began to state that his Lordship asked him if he would produce a witness.
Chief Justice: You told the Court, in a taunting way, that a witness was not a piece of paper, as if I did not know that a man was not a piece of paper.
Mr Pollard: Is it that you wish me to apologize for, my lord?
Chief Justice: There's more than that.
Mr Pollard: If you will be so good as to inform me for what I have to apologize, my lord, there is no man more willing to do so.
} EX.
HONGKONG.
18th JULY, 1867.
Honorable CECIL C. SMITH, Acting Colonial Secretary,
Appendik M. 1. Report of the Trial of
i
thing
Olyphant your v. 200 the Mins on the 27th June 1867
sara
425
( From the China Maid of the same evening)
to
Honorable JOHN SMALE,
CHIEF JUSTICE.
Transmits Petition to the QUEEN, of E. H.
POLLARD, Esquire, Q.C., containing charges against CHIEF JUSTICE.
Enclause A3 mm honger For Richard Graves Macdonnell's Despatch 1.339 of 29th July,
1867.
SUPREME COURT.
Before the Ion the Cauer Justice,
and a Common Jury.
June 27th, 1867.
Olyphant and others v. Loo A. Hung--- For a Breach of Warranty on a sale of No. 1 Brown Shekloong Sugar.
Mr Pollard, q.c., appeared for the plain- tiffs, instructed by Mr Caldwell; and Mr Whyte, instructed by Mr Gaskell, appeared on behalf of the defendant.
The jurors were as follows:-Messrs G. C. F. Rodatz, B. T. Kindersley, Joseph Searle, H. W. Davis, C. T. Deane, E. R. Handley and F. Degenaer.
AN ADJOURNMENT EXTRAORDINARY.
Shortly after this case cominenced, and while Mr Whyte was cross-examining plain- tiff's compradore, some reference was made to another Chinaman also in plaintiff's em- ploy, and the Chief Justice said "put him in the box;" when the following conversa- tion susned.
The Chief Justice said that, as the man was a servant of the plaintiff, they should produce him.
Mr Pollard: You cannot produce him like a piece of paper, Let him be subpoe
naed in the usual way,
Chief Justice: Do you mean, Mr Pol- lard, to put them to the trouble and expense of subponaing him Well, if you don't produce him, I will take that into account in my direction to the Jury.
Mr Pollard I will put only those wit- nesses in the box which 1, as counsel for the plaintiff, may see fit. I may make a mis- take, but I will not be dictated to or talked down by any one as to what I am to do.
Chief Justice: I am not talking you down, Mr Pollard. You will do your duty, and 1 will do mine.
Mr Pollard : That's all right, if we would ouly stick to it.
Chief Justice: Now, Mr Pollard, you will always have the last word; and I think it is most disrespectful to the Court to use language you are in the habit of using. The Chief Justice then left the Bench; but after an interval of a minute or two, returned.
Chief Justice: Do you apologize, Mr Pollard ?
Mr Pollard: For what, my lord? Chief Justice: You know what has pass-
ed; you know what for,
Mr Pollard: If I have offended in any way, there is no man more willing to admit it and to apologize. Will you hear me 7
Chief Justice: For an hour, if you like. Mr Pollard began to state that his Lord- ship asked him if he would produce a witness.
Chief Justice: You told the Court, in a taunting way, that a witness was not a piece of paper, as if I did not know that a inau was not a piece of paper.
Mr Pollard Is it that you wish me to apologize for, my lord?
Chief Justice: There's more than that. Mr Pollard: If you will be so good as to inform me for what I have to apologize, my lord, there is no man more willing to do so.
}
EX.
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