N: 3 Report of the proceedings in reference to the same on the 29th of June 1867
Court in Trial on
(From The China Mail of the same evening)
CHINA SUPREME COURT
Before the Hon. the Chief Justice, and a Common Jury.
Friday, June 28, 1867.
CHEN AB KUM and Another v. CHAP TENG ON A PROMISSORY NOTE.
Mr Pollard, Q.C., appeared on behalf of the plaintiffs, instructed by Mr Caldwell; and Mr Whyte, instructed by Mr Gaskell, appeared for the defendants.
The Chief Justice took his seat at ten minutes past ten o'clock.
Chief Justice: Has any gentleman anything to say in reference to Thursday?
There being no response, the Chief Justice continued:-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 unconstitutional, but it is necessary. 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. 45, 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 beforehand, 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.
Mr Pollard: I have received no notice.
Chief Justice: Did not I tell you, Mr Masson, that I was to give a decision in this matter on Monday next?
Mr Masson: Not on Monday next, my lord.
Chief Justice: Oh, that is a very nice objection to the letter of my notice; and it is in the same spirit.
Mr Pollard: Will your Lordship allow me to say something?
Chief Justice: No, certainly not.
Mr Pollard: Well, I hope you will note that remarks have been made in public regarding myself, and that I have not been allowed to answer them.
Chief Justice: Well, if you put it so, Mr Pollard, you may address the Court. I have fixed Monday next for my decision.
After a short pause the Chief Justice asked--Have you anything to say, Mr Pollard?
Mr Pollard: Merely this, my lord, that I don't seek to be aggressive, but--
Chief Justice: I hope you do not, Mr Pollard.
Mr Pollard: It is the bench I respect, and I have never done anything to take from the respect which, as a member of the bar, I, in common with every member of the bar, am bound to have. Your Lordship has chosen to make some remark about me, however, I wish it publicly stated in Court that I did nothing which in any way reflected upon the Court, nothing which could be properly called an insult. I think the Court ought first to be satisfied that an insult is meant.
Chief Justice: Certainly not.
Mr Pollard: I have a right as a member of the bar to do everything in my power to forward my client's cause. If any one now in Court who was present on the last occasion, says that I ought to apologize, I will do so. There were other members of the bar present.
Chief Justice: Stand while you address the Court, Mr Pollard. I give you fair notice so that you may have the opportunity to say what you please now.
Mr Pollard: That is all I have to say.
The Registrar to the Chief Justice: Will you take the case now?
Chief Justice: Any case that there is before me.
The following jurors were then called: Messrs H. W. Davis, C. T. Deane, F. Degenaer, R. Handley, W. Glossop, J. Searle, and T. De Silver.
Mr Pollard then proceeded to state the case, as if nothing unusual had occurred.
The Chief Justice asked if nothing could be done in the way of submitting the case to arbitration; when it was stated that the defendant was unwilling to have the case compromised.
Page 4
Report of the proceedings
(from the Daily Press of the 1st of July 1867)
SUPREME COURT, JUNE 29th,
NISI PRIUS.
BEFORE CHIEF JUSTICE SMALE.
On taking his seat, the Chief-Justice inquired if any gentleman had anything to say to the Court.
There being no reply, the Chief-Justice then said: - It is clear that every court of record has power to protect its dignity, the dignity, not of the individuals who may at the 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 unconstitutional, but it is necessary. What was done in olden time will appear from Viner and Bacon's Abridgement. I recommend the consideration of persons interested in this matter to the case of King v. Davison, re Carus Wilson, 14 L. J., Q. B., re Pater, L. J.; and re MacDeane Law Journal Reports.
It is painful, as was in effect said in one 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 I shall give, if necessary, the learned Queen's Counsel an opportunity to carry the matter to the highest tribunal.
I will on Tuesday next give my decision, and whatever that may be I am so anxious to do what is right and have it reviewed that I would invite the learned Queen's Counsel, and give him every assistance to appeal it to the Privy Council.
The court was reduced to such a chaotic state by being so grossly insulted from the time that a question was asked by the court if a witness was to be produced that there was only the one course adopted left. From the first step downwards it was unquestionably without precedent in the annals of the court. I have given the learned Queen's Counsel notice, so that this can be no matter of surprise to him.
Page 425
EX.
N: 3 Report of the proceedings in
a re
reference to the saine on the 29th of June 1867
Court in
Irial on
(From The China Mail of the some evening
IN
I
China SUPREME COURT/Mail
Before the Bon. the Curer JUSTICE, and a Common Jury.
Frene h, 1867.
CHEN AB KUM and Another z. No CHAP
TENG ON A PROMISSORY NOTE.
Mr Pollard, Q.C., appeared on behalf of the plaintifs, instructed by Mr Caldwell ; ¦ and Mr Whyte, instructed by Mr Gaskell, appeared for the defendants."
The Chief Justice took his seat at ten minutes past ten o'clock.
Chief Justice: Has any gentleman any- thing to say in reference to Thursday?
There being no response, the Chief Jus tice continued:-It is dear 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 uay appear harsh and unconstitutional, hut it is necessitate. What was done in olden time will appear from Viner and Bagon's Abridgement. I recommend to
the consideration of persons interested in this matter the King . Davison in re Cavas Wilson, 14 L. J., Q. B., re Pater, L. J., vol. 45, 142, and re MacDeane, L. J It is painful, as was in effect said in a r cent case, for a Judge to be both jury an judge, giving a verdict and inficting pur ishment in his own case. It is most pain ful on the present occasion when the of fender is a Queen's Counsel; but I must act, and that verdict I shall give on Monday. So auxions am L, 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 nasistance 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 insult- ing, that I have had no oliver 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.
Mr Pollard: I have received no notice. Chief Justice: Did not 1 tell you, Mr Masson, that I was to give a decision in
this watter ou Mouday next?
Mr Masson: Not on Monday next, my lord.
Chief Justice: Oh, that is a very nice
objection to the letter of my notice ; and it
is in the same spirit.
Mr Pollard Will your Lordship allow
me to say something?
Chief Justice: No, certainly not.
Mr Pollard: Well, I hope you will note that remarks have been nude in public regarding myself, and that I have not been allowed to answer them
Chief Justice: Well, if you put it so,
Mr Pollard, you may address the Court. I have fixed Monday next for my decision.
After a short pause the Chief Justice asked--Have you anything to say, Mr Pol- lard?
Mr Pollard: Merely this, my lord, that I don't seek to be aggressive, but--~
Chief Justice: I hope you do not, Mr Pollard.
Mr Pollard: It is the bench 1 respect, and I have never done anything to take from the respect which, as a member of the bar, 1, in common with every
No4
Aa
roenber of the bar, am bound to have. your Lordship bas chosen to make some remark about me, however, I wish it as publicly stated in Court that I did nothing which in any way reflected upon the Court, nothing which could be properly called an insult. I think the Court ought first to be satisfied that an insult is meant.
Chief Justice: Certainly not.
Mr Pollard 1 have a right as a member
of the bar to do everything in my power to forward my client's cause. If any one now
in Court who was present ou the last occa sion, says that I ought to apologize, I will do so, There were other members of the
har present. (Sitting dows) I have my A
own idea of what is owing to myself as a member of the bar.
Chief Justice: Stand while you address the Court, Mr Pollard. I give you fair notice so that you may have the opportunity to say what you please now.
Mr Pollard: That is all I have to say The Registrar to the Chief Justice : Will you take the case now?
Chief Justice; Any case that there is be- fore me.
The following jurors were then called: Messrs H. W. Davis, C. T. Deane, F. Degenaer, R. Handley, W. Glossop, J. Searle, and T. De Silver. Mr Pollard then proceeded to state the case, as if nothing unusual had occurred.
The Chief Justice asked if nothing could be done in the way of submitting the case to arbitration; when it was stated that the defendant was unwilling to have the case compromised.
some
Report of the proceedings
(from the Daily Press of the 1. of July (867)
SUPREME COURT, JUNE 29th,
NISI PRIUS.
BEFORE CHIEF JUSTICE SMALE.
On taking his seat, the Chief-Justice inquired
if any gentleman had anything to say to the Court.
There being no reply, the Chief-Justice- then said :----1t is clear that every court of record has power to protect its dignity, the dignity, not of the individuals who may at the 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 diguity. This may ap pear harsh and unconstitutional, but it is en neccesitate. What was done in olden time will appear from Viner and Bacon's Abridgement. I recommend the consideration of persons inter- estedinthismutter to thecase of King.v. Davison, ture Carus Wilson. 14 L. J., 2., B., re Pater. L.. J';: cases Mng and re MacDeane Law Journal Reports. It is painful, as was in effect said in one 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 Ishall give, if necessary, the learned Queen's Counsel an opportunity to carry the matter to the highest tribunal,
I will on Tuesday next give my decision, and whatever that may be I am so anxious to do what is right and bave it reviewed that 1 would invite the learned Queen's counsel, and give him every assistance to appeal it tothe Privy Counsel. The court was reduced to such a chaotic state by being so grossly insulted from the time that a question was asked by the court if a witness was to be produced that there was only the one course adopted left. From the first step down- wards it was unquestionably without precedent in the annals of the court. I have given the Jearned Queen's Counsel notice, so that this can be no matter of surprise to him.
425
EX.
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