CO129-137 - Sir MacDonnell - 1869 [4-5] — Page 153

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All AI Reviewed

The Chief Justice has frequently informed me that his nervous system is very shaken and there is no doubt that he is unable to grapple with any continuity of thought, even simple cases.

JR.

(27)

150

But if beyond the purely legal aspect of this case the Defendant considers that he has been the subject of proceedings unconstitutional in their inception or by reason of their having been unduly protracted, and that he has been oppressed as has been strongly urged at the Bar, he has no remedy here, but he may have a remedy upon petition to the Governor in Council and by such other means as the constitution points out for the remedy of constitutional as distinguished from legal wrongs.

I have in conclusion to express my great regret that inability from indisposition to grapple with any continuity of thought, with the great difficulties of this case, has delayed my decision. The fragmentary way in which from the same cause I have been obliged to take up the subject at intervals, alone raises any doubt in my mind as to the correctness of the conclusion to which I have, after most anxious, most painful thought, come.

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The Chief Justice has frequently informed me that his nervous system is very shaken and there is no doubt that he is unable to grapple with any continuity of thought, even simple cases. JR. (27) 150 But if beyond the purely legal aspect of this case the Defendant considers that he has been the subject of proceedings unconstitutional in their inception or by reason of their having been unduly protracted, and that he has been oppressed as has been strongly urged at the Bar, he has no remedy here, but he may have a remedy upon petition to the Governor in Council and by such other means as the constitution points out for the remedy of constitutional as distinguished from legal wrongs. I have in conclusion to express my great regret that inability from indisposition to grapple with any continuity of thought, with the great difficulties of this case, has delayed my decision. The fragmentary way in which from the same cause I have been obliged to take up the subject at intervals, alone raises any doubt in my mind as to the correctness of the conclusion to which I have, after most anxious, most painful thought, come.

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N The Chief Justice has frequently info system is very n me that his nervous shaken and there is no doubt that he cases than is unable to grapple with any continu of thought "e this one. even simples cas. JR. (27) 150 but if beyond the purely legal aspect of I have in conclusion to express my great this case the Defendant considers that he regret that inability from indisposition to has been the subject of proceedings uncon-grapple, with any continuity of thought, stitutional in their inception or by reason with the great difficulties of this case, their having been unduly protracted, should have delayed my decision. The frag- and that he has been oppressed as has mentary way in which from the same cause been strongly urged at the Bar, he has I have been obliged to take up the subject no remedy here, but he may have a reraedy at intervals, alone raises any doubt in my upon petition to the Governor in Council mind as to the correctness of the conclusion aud by such other means as the constitu- to which I have, after most anxious, moet tion points out for the remedy of constitu- painful thought, come. tional as distinguished from legal wrongs, :

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The Chief Justice has frequently info system is very n

me that his nervous

shaken and there is no doubt that he

cases than

is unable to grapple with any continu of thought "e this one.

even simples cas.

JR.

(27)

150

but if beyond the purely legal aspect of I have in conclusion to express my great this case the Defendant considers that he regret that inability from indisposition to has been the subject of proceedings uncon-grapple, with any continuity of thought, stitutional in their inception or by reason with the great difficulties of this case, their having been unduly protracted, should have delayed my decision. The frag- and that he has been oppressed as has mentary way in which from the same cause been strongly urged at the Bar, he has I have been obliged to take up the subject no remedy here, but he may have a reraedy at intervals, alone raises any doubt in my upon petition to the Governor in Council mind as to the correctness of the conclusion aud by such other means as the constitu- to which I have, after most anxious, moet tion points out for the remedy of constitu- painful thought, come.

CO129-137 - Sir MacDonnell - 1869 [4-5] — Page 153

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