that can award the punishment, I now fine you
in the sum of $200, and, further, I suspend you from practising before this court as a barrister and advocate for a period of fourteen days, or until the fine shall be sooner paid.
Mr. Pollard.-Will your Lordship hear me
now.
Chief Justice, No.
Mr. Pollard.--Will your Lordship take a note of refusing to hear me.
Chief Justice have purposely fixed the fine and penalty at the lowest point possible compatible with its being an expression of my opinion of your conduct. Some persons may think that you have only shown the just independence of the bar in your habitual demeanour and language towards the bench. I, however, think I have seen in it impedimenta to a judge in the due administration of justice: sometimes, indeed, as I am inclined to think to the undue advantage of clients. The penalty I impose is indeed small, but the effect of the decision is more serious. I trust you will bring this matter before the highest tribunal, the Privy Council. This is sometimes done. As late as in November last, the Lords of the Judicial Committee gave leave ex parte to appeal to the Privy Council to the publisher of a journal in British Guiana against a sentence of imprisonment for six months for a contempt of court in having published articles reflecting on the administration of justice and on one of the judges of the Supreme Court there. I refer to this precedent in the hope that you, a Queen's Counsel here, will ask leave and will be allowed to appeal in order that such questions as you may think fit may be raised, and so that the judgment I now pronounce most reluctantly may be reviewed. To any motion for leave to appeal that you may make before the Privy Council, my consent to your obtaining leave to appeal shall be given, If you would prefer another course, some measure may be devised by which the opinion and decision of the Benchers of the Inn of Court of which you are a member may be taken.
Mr. Pollard-Will your Lordship hear me
now.
Chief-Justice.-No certainly not.
Mr. Pollard.-Will your Lordship take a note that you refuse to hear me.
Chief-Justice. I never said such a thing allowed. I have given my decision and you have your remedy."
Mr. Whyte.-Will your Lordship hear me for
a few words.
Chief-Justice.--No Mr. Whyte you are not in court in any way.
Mr. Pollard. I ask to leave to address the: court,
Chief Justice.--This I do not grant; the court is adjourned.
Mr. Pollard, Then I say without leave that.—
Chief Justice. Mr. Pollard what do you mean, Mr. Masson put that down, Mr. Pollard without leave attempts to address the court. Adjourn this court.
The court was accordingly adjourned until this morning at ten o'clock.
Page 432
THE SUPREME COURT, HONGKONG, 24th July, 1867.
1. I have the honor to acknowledge the receipt of your letter dated the 18th of July instant, enclosing copies of the Petition of Me, POLLARD, Q.C., to Her Majesty and eleven Affidavits, and a letter from Mr. POLLARD to yourself dated the 17th instant, in which he requests to have these documents forwarded to His Grace the Secretary of State for the Colonies.
2. The questions now raised originated in the case of OLYPHANT and Others, Plaintiffs, against Loo An HUNG (a Chinaman) which came on for trial by a Common Jury before me on the 27th of June last. On that occasion Mr. POLLARD, Q.C., Counsel for Plaintiffs, as I thought, on several occasions, insulted the Court and I adjourned the case part heard because Mr. POLLARD did not apologise. Another Common Jury case came on, on the 29th, I then referred to the subject, hoping that Mr. POLLARD would apologise, but as he did not do so I in Court referred to several cases to shew that the Court had authority to punish for contempts, and still hoping for an apology, I postponed my decision until the 2nd of July instant.
3. Mr. POLLARD, with whom Mr. WAYTE actively took part, saw the Attorney General, Mr. PAUNCEFOTE, and urged him to interfere on the ground that the privileges of the Bar were affected; but the Attorney General thought that the question was one solely between the Court and Mr. POLLARD, and although he endeavoured to induce Mr. POLLARD to make even a conditional apology, he refused to make any concession whatever. I was therefore either to have the cowardice to submit to insults published in the Newspapers and persisted in, or to exercise the painful authority vested in me. After serious consideration for some days, I, on the 2nd of July in open Court, imposed a fine on Mr. POLLARD of $200 and, mainly in order to enforce its payment, I suspended Mr. POLLARD from practice for fourteen days, or until the fine should be sooner paid. The fine was in fact paid six days afterwards and he thenceforth conducted cases as usual, I treating him, and he conducting himself, as if no question had ever existed.
4. The Affidavits against the decision enclosed in Mr. POLLARD'S letter to you were not sworn until fourteen days after and on the fifteenth day, namely the 17th July, Mr. POLLARD's letter reached you, and I received the first intimation of this proceeding on the 18th at about six o'clock P.M. On that day the monthly Criminal Sessions, usually occupying three days, had commenced and it was impossible for me, an anxious Trial of three men for murder intervening, to give any substantial attention to the papers until the Sessions closed, which was about eleven o'clock on Saturday the 20th, as Mr. POLLARD well knew.
5. I had not up to this hour read Mr. POLLARD's Petition nor the Affidavits through; but on looking cursorily into the documents, the course adopted by Mr. POLLARD had then begun to appear to me to be essentially wrong,
6. It had appeared to me on the 2nd of July and I then after giving my decision fining Mr. POLLARD intimated that in my opinion there was a course open to Mr. POLLARD to question my decision, that was to appeal to the Privy Council. I had noticed that, so far as I read the decisions, Colonial Judges had in cases of contempt declined to allow an appeal, which I thought wrong and I, on the 2nd of July, expressly invited Mr. POLLARD to appeal, promising to give him leave here, and my consent before the Privy Council.
The Honorable CECIL C. SMITH,
Acting Colonial Secretary,
&c., &c., &c.
that can award the punishment, I now fine you
in the sum of $200, and, further, I suspend you from practising before this court as a barrister and advocate for a period of fourteen days, or until the fine shall be sooner paid.
Mr. Pollard.-Will your Lordship hear me
now.
Chief Justice, No.
Mr. Pollard.--Will your Lordship take a note of refusing to hear me.
Chief Justice have purposely fixed the fine and penalty at the lowest point possible compatible with its being an expres sion of my opinion of your conduct. Some persons may think that you have only shown the just independence of the bar in your habi- tual demeatiour and language towards the bench. I, however, think I have seen in it im- pedimenta to a judge in the due administration of justice: sometimes, indeed, as I am inclined to think to the undue advantage of clients. The penalty I impose is indeed small, but the effect of the decision is more serious. I trust you will bring this watter before the highest tri- bunal, the Privy Council. This is some- times done. As late as in November last. the Lords of the Judicial Committee gave leave ex parte to appeal to the Privy Council to the publisher of a journal in British Guinea against a sentence of imprisonment for six months for a contempt of court in having published articles reflecting on the administra- tion of justice and on one of the judges of the Supreme Court there. I refer to this precedent in the hope that you, a Queen's Counsel bere, will ask leave and will be allowed to appeal in order that such questions as you may think fit may be raised, and so that the judgment I now pronounce most reluctantly may be reviewed. To any motion for leave to appeal that you may make before the Privy Council, my consent to your obtaining leave to appeal shall be given, If you would prefer another course, some mea- sure may be devised by which the opinion and decision of the Benchers of the Inn of Court of which you are a member may be taken.
Mr. Pollard-Will your Lordship hear me
now.
Chief-Justice.-No certainly not.
Mr. Pollard.-Will your Lordship take a note that you refuse to hear me.
Chief-Justice. I never said such a thing
allowed. I have given my decision and you have your remedy."
Mr. Whyte.-Will your Lordship hear me for
a few words.
Chief-Justice.--No Mr. Whyte you are not in court in any way.
Mr. Pollard. I ask to leave to address the: court,
Chief Justice.--This I do not grant; the court is adjourned.
Mr. Pollard, Then I say without leave that.— Chief Justice. Mr. Pollard what do you mean, Mr. Masson put that down, Mr. Pollard without leave attempts to address the court. Adjourn this court.
The court was accordingly adjourned until this morning at ten o'clock.
SIB,
1914767
432
THE SUPREME COURT, HONGKONG, 24th July, 1867.
1. I have the honor to acknowledge the receipt of your letter dated the 18th of July instant, enclosing copies of the Petition of Me, POLLARD, Q.C., to Her Majesty and cleven Affidavits, and a letter from Mr. POLLARD to yourself dated the 17th instant, in which he requests to have these documents forwarded to His Grace the Secretary of State for the Colonies.
2. The questions now raised originated in the case of OLYPHANT and Others, Plaintiffs, against Loo An HUNG (a Chinaman) which came ou for trial by a Common Jury before me on the 27th of June last. On that occasion Mr. POLLARD, Q.C., Counsel for Plaintiffs, as I thought, on several occasions, insulted the Court and I adjourned the case part heard because Mr. POLLARD did not apologise. Another Common Jury case came on, on the 29th, I then referred to the subject, hoping that Mr. POLLARD would apologise, but as he did not do so I in Court referred to several cases to shew that the Court had authority to punish for contempts, and still hoping for an apology, I postponed my decision until the 2nd of July instant.
3. Mr. POLLARD, with whom Mr. WayTn actively took part, saw the Attorney General, Mr. PAUNCEFOTE, and urged him to interfere on the ground that the privileges of the Bar were affected; but the Attorney General thought that the question was one solely between the Court and Mr. POLLARD, and although he endeavoured to induce Mr. POLLARD to make even a conditional apology, he refused to make any concession whatever. I was therefore either to have the cowardice to submit to insults published in the Newspapers and persisted in, or to exercise the painful authority vested in me. serious consideration for some days, I, on the 2nd of July in open Court, imposed a fine on Mr. POLLARD of $200 and, mainly in order to enforce its payment, I suspended Mr. POLLARD from practice for fourteen days, or until the fine should be sooner paid. The fine was in fact paid six days afterwards and be thenceforth conducted cases as usual, I treating him, nud he conducting himself, as if no question had ever existed.
After
4. The Affidavits against the decision enclosed in Mr. POLLARD'S letter to you were not sworn until fourteen days after and on the fifteenth day, namely the 17th July, Mr. POLLARD's letter reached you, and I received the first intimation of this proceeding on the 18th at about six o'clock P.M. On that day the monthly Criminal Sessions, usually occupying three days, had commenced and it was impossible for me, an anxious Trial of three men for murder intervening, to give any substantial attention to the papers until the Sessions closed, which was about eleven o'clock on Saturday the 20th, as Mr. POLLARD well knew.
5. I had not up to this hour read Mr. POLLARD's Petition nor the Affidavits through; but on looking cursorily into the documents, the course adopted by Mr. POLLARD had then begun to appear to me to be essentially wrong,
6. It had appeared to me on the 2nd of July and I then after giving my decision fining Mr. POLLARD intimated that in my opinion there was a course open to Mr. POLLARD to question my decision, that was to appeal to the Privy Council. I had noticed that, so far as I read the decisions, Colonial Judges had in cases of contempt declined to allow an appeal, which I thought wrong and 1, on the 2nd of July, expressly invited Mr. POLLARD to appeal, promising to give him leave here, and my consent before the Privy Council.
The Honorable CECIL C. SMITH,
Acting Colonial Secretary,
FC., fc., &c.
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