N°2.
Chief Justice: You know very well what it is. Mr Pollard. (Turning to the jury) Gentlemen of the jury, I shall adjourn this case until Saturday, as we cannot get on in the present circumstances.
Mr Pollard: That is entirely without precedent, my lord.
Chief Justice: And the other was much less without precedent.
Mr Pollard: I object to the proceeding now taken by the Court, and I hope you will take note of my objection.
Chief Justice: I'll note anything you like.
Mr Whyte: Will you not allow me to finish my cross-examination of this witness, my lord?
Chief Justice: Certainly not; I can't go on until Mr Pollard apologizes.
Mr Pollard: If I have done anything wrong, there are certain steps which may be taken by the Court. But I don't see why the case should not-
Chief Justice: There are such steps, but those I will not take. Silence, sir. You would not dare to use such language anywhere else. (Rising) This Court is adjourned.
Mr Pollard: I always answer when I am attacked, and not without.
Chief Justice: If every one would do his duty in this Court→→→
Mr Pollard: I have done my duty for a long series of years, and I have never been attacked in the same manner before; and I will not allow
Chief Justice: Silence, sir, if you please. The Chief Justice here checked the usher of the Court, who was, by Mr Masson's orders, adjourning the Court until ten o'clock on Saturday, saying-"Indefinitely, as I must have an apology from Mr Pollard before the case can go on.
Mr Pollard: There will likely be another counsel to appear.
The Chief Justice repeatedly ordered Mr Pollard to be silent; but the learned counsel had the last word by saying that he answered only when he was attacked.
Mr Masson informed the jury that they would be advised what time they would next be called upon to attend.
Report of the same Trial
(From the Daily Press of the 28th June 1867)
SUPREME COURT.
June 20th 1867
NISI PRIUS.
BEFORE THE CHIEF-JUSTICE AND A COMMON JURY.
OLYPHANT AND OTHERS v. LOO-AH-HUNG.
This was an action brought by the plaintiffs to recover damages for the breach of a warranty, alleged to have been made by the defendant to deliver on board the French steamer Dupleix a quantity of No. 1 Shekloong brown sugar. The sugar was duly shipped for Shanghai, but on arrival there, was found to be of an inferior description.
Mr. Pollard, instructed by Mr. Caldwell, appeared for the plaintiffs, and Mr. Whyte, instructed by Mr. Gaskell, appeared for the defendants. The following jury were called and sworn-G. C. F. Rodatz, B. T. Kindersley, J. Searle, H. W. Davis, C. T. Deane, E. R. Handley, and Fred. Degenaer.
The case for the plaintiffs was stated by Mr. Pollard, and a suggestion was thrown out by the Chief Justice that perhaps some arrangement might be arrived at. Both counsel intimated their readiness to accede to his Lordship's arrangement, but Mr. Whyte stated he would like first to hear some of the evidence for the plaintiffs, as by his instructions the facts were very different from those put forward by Mr. Pollard. The plaintiffs' compradore was called, and on cross-examination stated that he had examined some of the sugar before it was put on board, and that a coolie employed by his master had been with him at the time. Mr. Whyte then asked Mr. Pollard if he intended to produce this coolie as if not the defendant would have a subpoena issued for his attendance.
Mr. Pollard to Mr. Whyte.-I cannot produce Chinaman as if he were a piece of paper.
Chief Justice: Mr. Pollard, do I understand that you do not intend to produce the witness?
Mr. Pollard: No, my Lord. I do not want him. If Mr. Whyte does he can easily get him.
Chief Justice: Then Mr. Pollard all I can say is if he is not produced, I shall feel it my duty to comment on his non-production to the jury.
Mr. Pollard: Very well, my Lord, we shall each do his duty. I shall act in the manner which appears to be most conducive to my client's interest, and I must decline being taught my duty by any one.
Chief Justice: Mr. Pollard, no one has assumed to teach you your duty, and you should not address me in that manner.
Mr. Pollard: My Lord, I said to Mr. Whyte that a witness is not like a piece of paper, and that if he wanted him he could easily get him.
Chief Justice: Sit down, Sir, you know you dare not address any other person in the way you have spoken to me.
Mr. Pollard attempted again to address the Bench, but the Judge suddenly rose, and hastily left the court in a most emphatic manner. After having been absent from the court two or three minutes, during which there was complete silence, the Chief Justice returned and took his seat.
Mr. Pollard: Will you apologize? For what, my Lord?
Chief Justice: You know very well, Mr. Pollard, telling this court that a witness is not a piece of paper.
Mr. Pollard: With all respect, is it for that, my Lord, that you wish me to apologize?
Chief Justice: You know very well, Mr. Pollard.
Mr. Pollard: My Lord, with all respect if I have been guilty of any wrong, there is no one more willing to offer an apology, but will your Lordship bear me for a moment?
Chief Justice: Yes, Mr. Pollard, for an hour if you wish.
Mr. Pollard: I submit with all respect, my Lord, that it was suggested to me what witness-
Chief Justice: Silence, sir!
Mr. Pollard: I was to bring.
Chief Justice: Mr. Pollard, silence, sir; no more of this. My Lord-
Gentleman of the Jury, this case is adjourned until Saturday,
Mr. Whyte begged to be allowed to finish the cross-examination of this witness, but the Chief Justice refused.
Mr. Pollard: I object, my Lord, to this case being adjourned. If I have done wrong in any way, your Lordship has it within your power to---
Chief Justice: This court is adjourned.
Mr. Pollard: My Lord, I hope you will take note of my objection to this adjournment.
Chief Justice: Mr. Pollard, silence, sir! This court is adjourned.
Mr. Pollard: I only answer when I am attacked.
Chief Justice: If every one in this court will only do his duty, it is all I wish.
Mr. Pollard: I have done my duty for a long series of years, and I have never been attacked in this manner before.
Mr. Masson inquired to what hour on Saturday the court should be adjourned.
Chief Justice: Adjourn the court indefinitely. I must have an apology from Mr. Pollard before I listen to this case again.
Mr. Pollard: But other counsel may then appear.
Chief Justice: Never mind that, I will have the case adjourned indefinitely.
The Chief Justice then left the court, and after Bar and Jury had recovered from surprise at the suddenness with which this little affair had been commenced and carried through, (the whole here related not occupying ten minutes), slowly rose and left the court.
424
EX.
N°2.
Chief Justice: You know very well what
it is. Mr Pollard. (Turning to the jury) Gentlemen of the jury, I shall adjourn this case until Saturday, as we cannot get on in the present circumstances.
Mr Pollard: That is entirely without precedent, my lord.
Chief Justice: And the other was much less without precedent.
Mr Pollard: I object to the proceeding now taken by the Court, and I hope you will take note of my objection.
Chief Justice: I'll note anything you like.
Mr Whyte Will you not allow me to finish my cross-examination of this witness, my lord?
Chief Justice: Certainly not; I can't go on until Mr Pollard apologizes.
Mr Pollard: If I have done anything wrong, there are certain steps which may
be taken by the Court, But I don't see why the case should not-
Chief Justice: There are such steps, but those I will not take. Silence, sir. You would not dare to use such language any- where else. (Kising) This Court is ad- journed.
Mr Pollard 1 always answer when I am attacked, and not without.
Chief Justice: If every one would do his duty in this Court→→→
Mr Pollard: I have done my duty for a long series of years, and I have never been attacked in the same manuer before; and I will not allow
Chief Justice: Silence, sir, if you please. The Chief Justice hero checked the usher of the Court, who was, by Mr Mas- son's orders, adjourning the Court until ten o'clock on Saturday, saying-"Indefinitely, as I must have an apology from Mr Pollard bofore the case can go on.
ג
Mr Pollard: There will likely be another counsel to appear.
The Chief Justice repeatedly ordered Mr Pollard to be silent; but the learned counsel had the last word by saying that he an- swered only when he was attacked.
Mr Masson informed the jury that they would be advised what time they would next be called upon to attend.
Report of the same Tnal
(From the Daily Press of the 28th June 1867
SUPREME COURT.
June 2017
NISI PRIUS.
BEFORE THE CHIEF-JUSTICE AND A
COMMON JURY.
OLYPHANT AND OTHERS V. LOO-AH-HUNG.
This was an action brought by the plaintiffs to recover damages for the breach of a warranty, alleged to have been made by the defendant to deliver on board the French steamer Duplein a quantity of No. 1 Shekloong brown sugar. The sugar was duly shipped for Shanghai, but on arrival there, was found to be of an inferior des- cription.
Mr. Pollard, instructed by Mr. Caldwell, ap- peared for the plaintiffs, and Mr. Whyte, instruct- ed by Mr. Gaskell, appeared for the defendants. The following jury were called and sworn-G. C. F. Rodatz. B. T. Kindersley, J. Searle, H. W. Davis, C. T. Deane, E. R. Handley, and Fred. Degenaer.
The case for the plaintiffs was stated by Mr. Pollard, and a suggestion was thrown out by the Chief Justice that perhaps some arrangement might be arrived at. Both counsel intimated! their readiness to accede to his Lordship's ar rangement, but Mr. Whyte stated he would like first to hear some of the evidence for the plain- ! tiffa, as by his instructions the facts were very different from those put forward by Mr. Pollard. The plaintiffs compradore was called, and on cross-examination stated that he had examined some of the sugar before it was put on board, and that a coolie employed by his master had been with him at the time. Mr. Whyte then
2
asked Mr. Pollard it ne intended to produce this coolie as if not the defendant would have a subpoena issued for bis attendance.
Mr. Pollard to Mr. Whyte.-I. cannot produce Chinaman as if he were a piece of paper. Chief Justice. Mr. Pollard, do I understand that you do not intend to produce the witness? Mr. Pollard.-No my Lord. I do not want him. If Mr. Whyte does he can easdy get him. Chief-Justice.-Then Mr. Pollard all I can say is if he is not produced, I shall feel it my duty to comment on his non-production to the jury.
Mr. Pollard. Very well my Lord, we shall each do his duty. I shall act in the manner which appears to be most conclusive to my client's interest, and 1 innst decline being taught
my duty by any one.
Chief-Justice---Mr. Pollard no one has as- suuned to teach yon your duty, and you should not address me in that manner.
Mr. Pollard.--My Lord, I said to Mr. Whyte that a witness is not like a piece of paper, and that if he wanted him he could easily get him.
Chief Justice.-Sit down Sir, you know you dare not address any other person in the way you have spoken to me.
Mr. Pollard attempted again to address the Bench, but the Judge suddenly rose, and hastily left the court in a most emphatic manner, After having been absent from the court. two
or three minutes, during which there was com- plete silence, the Chief-Justice returned and took his seat.
Mr. Pollard, will you apologize ? For what, my Lord?
You know very well, Mr. Pollard, telling this court that a witness is not a piece of paper.
With all respect, is it for that, my Lord, that
you wish mo to apologize?
You know very well, Mr. Pollard.
My Lord, with all respect if I have been guilty of any wrong, there is no one more willing to offer an apology, but will your Lord- ship bear me for a moment?
Yes, Mr. Pollard, for an hour if you wish.
I submit with all respect, my Lord, that it
was suggested to me what witness-
Silence, sir!
I was to bring.
Mr. Pollard, silence sir; no more of this. My Lord-
Gentleman of the Jury, this case is adjourned until Saturday,
Mr. Whyte, begged to be allowed to finish the cross-examination of this witness, but the Chief Justice refused.
Mr. Pollard.-I object, my Tord, to this case being adjourned. If I have done wrong in any way, your Lordship has it within your power
to---
This court is adjourned.
My Lord. I hope you will take note of my ob. 】 jection to this adjournment.
Mr. Pollard, silence, sir! This court is ad-
journed.
Mr. Pollard.I only answer when I am at- tacked.
Chief Justice.--If every ono in this court will only do his duty, it is all I wish,
Mr. Pollard. I have done my duty for a long series of years, and I have never been attacked in this manner before.
Mr. Masson inquired to what hour on Satur day the court should be adjourned.
Chief-Justice.--Adjourn the courtindefinitely.
I must have an apology from Mr. Pollard before
I listen to this case again.
Mr. Pollard.But other counsel may then appear.
Chief-Justice--Never mind that, I will have
the case adjourned indefinitely.
The Chief-Justice then left the court, and after Bar and Jury had recovere I from surprise at the suddenness with which this little affair had been commenced and carried through, (the whole here related not occupying ten minutes). slowly rose and left the court,
424
EX.
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