CO129-123 - Sir MacDonnell - 1867 [7] — Page 456

451

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-eeth-end-on:- Loo solemnly

and

sincerely

dislare

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 Anuxo 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 Judginent 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.

and a

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

Three as a contempt of, or insult to, either the Court or the Judge, and as for the

past years 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.

any

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 intention 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 han 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.

And I make this solemn declaration conscientiously believing the same to be true, and by virtue of the Provisions of an Act made and passed in the Sixth Year of the Reign of His late Majesty King WILLIAM THE FOURTH, intituled, "An Act to repeal an Act of the then present Session of Parliament, intituled, An Act for the more effectual abolition of Oaths and Affirmations taken and "made in various Departments of the State, and to substitute declarations in lieu thereof, and for the "more entire suppression of voluntary and extrajudicial Oaths and Affidavits;' and to make other "Provisions for the abolition of unnecessary Oaths."

Declared at Victoria, Hongkong, this 2

day of July, A.D, 1867.

Before me

Teo Marray Pain

SB. for Borghang