THE CHINA MAIL.
SUPREME COURT.
Thursday, Oct. 21.
THE SUPREME COURT SCANDAL,
THE CHIEF JUSTICE AND THE REGISTRAR.
This afternoon a number of cases which have been lying over since Monday last were to come on before the Chief Justice. The Registrar was in Court; the Chief Justice was in his room at the hour fixed. Mr Gibbons was sent for and refused to attend on his Lordship, holding that the case should be heard in open Court and declining to subject himself, he said, to a repetition of such insults as he had already received from the Chief Justice.
The following were the cases which were on the board :-
IN BANKRUPTCY.
In the matter of Yeong Yee Sze, a bankrupt. Report of Registrar.
In the matter of Nursey Kessowjee, and ors., bankrupts, Report of Registrar.
In the matter of Ng Akiu, bankrupt, -- Report of Registrar.
IN PROBATE.
In the goods of Sen Sui Suen, deceased, - Inventory Account and Scheme of Administration. Petition by Chau Kwong Sung for $10.68.
In the goods of R. T. Mogridge, deceased. Inventory Account and Scheme of Administration.
In the goods of Tan Seang, deceased. - Inventory Account and Scheme of Administration.
In the goods of Sarah Jane Royston, deceased. - Inventory Account and Scheme of Administration.
In the goods of Alice Windsor, deceased. - Inventory Account and Scheme of Administration.
In the goods of Che Suin, deceased. - Inventory Account and Scheme of Administration.
In the goods of Fook Su Tong, deceased. - Inventory Account and Scheme of Administration.
In the goods of Arthur W. Connor, deceased. Petition for grant of Administration.
In the case of Lak To Kwang, deceased. Petition for grant of Administration.
The message Mr Mossop brought was to the effect that the Chief Justice was waiting for the Registrar.
Mr Gibbons said: Proceedings in Bankruptcy must be heard in Court, and I decline to attend in Chambers. The Ordinance orders the proceedings to be on motion in open Court, not by the Judge in Chambers. I decline to attend. The Judge has insulted me every time I have attended him in Chambers, and I intend to wait upon him no more.
Mr Mossop here left.
The Registrar, asking if any reporter was present, and the Reporter of the China Mail answering in the affirmative, proceeded. "I desire what I have just said to be known publicly. I have been waiting here now for half-an-hour, and if the Chief Justice does not choose to attend to them, then these matters, which have been lying over now for three days and are all of a pressing nature, must lie over again, because the Chief Justice thinks that when I go into his Chambers he can keep the Press out and insult me there with impunity, and I don't choose to do it. The last time I attended in Chambers he ordered me out. After that I should be wanting in self-respect if I attended again. It is no part of my duty to attend in Chambers, either as Master of the Court, as Official Assignee or as Registrar. I don't choose to allow my office to be made into the office of Judge's clerk. I wish that to go forth to the public. I have laid a complaint before the Governor, and the Governor has not yet taken any notice of my complaint. Whether he will or not I don't know. I have asked to have the matter referred to the Secretary of State for the Colonies, because, I think my treatment here has become a public scandal, and I think that the business of the public is entirely neglected, and I think that the office is falling into a state of confusion, almost as bad as that from which I rescued it.
I am forbidden to write to the papers; I am not forbidden to utter my sentiments, and I only desire now to make a public utterance. I have been six months in the Colony; I believe I have worked as hard as any man, and I have put things as straight as it is possible for any man to put them; but I never had any duties defined in any way, and I do not to this day know what fees are properly leviable in respect of the business done in this Court. I have looked through all the scales of fees, have examined them carefully and I do not find one of the scales applicable to the present state of things. I say that that is entirely due to the neglect of the Chief Justice, by whom only, acting with the Executive, can a scale of fees be imposed. That man has, since 1864, neglected his duty in this matter of the scale of fees. I have addressed the Governor on the subject; nothing yet has been done.
In the matter of Ng Akiu, a bankrupt, I can do nothing. The Chief Justice will not sign the papers. A creditors' assignee was chosen, but I can do nothing. The Chief Justice says I ought to hand him the papers. I say I am not his clerk. I am not his servant. I decline to do that which is no part of my duty. I declined to have anything to do with that bankruptcy because I believed it has to do with the keeping of brothels. An official assignee was appointed, and the Chief Justice will not sign the papers unless I hand them to him personally. If that is a good reason, all well and good. I don't think it is a good reason. As a Solicitor I say it is a very bad one. I believe my experience is as great as that of any one in this Court, both as a judicial officer and as a practising barrister. I was Chief Judicial Officer of the City of London for several years, and I say that in my opinion the Chief Justice is doing what he ought not to do. These are matters which concern the public more than they concern me, because I am utterly indifferent whether I keep the position or not. If the Governor would only furnish me with the means to go home, I should go home to-morrow, so sick am I of being here. I have experienced treatment since I have been here such as no official in my position would ever stand, and such as no official has ever been subjected to before. If I had not been the mildest of men I might have been forced into doing something which I dare not contemplate.
Calling the Usher of the Court, Mr Stockhausen, the Registrar then asked him to ascertain from Mr Mossop whether the Judge was coming. "If the Chief Justice," he added, "does not do his duty, I will do mine so far as in me lies. My duty is to attend in Court, and I will attend in Court, but I will not attend in Chambers."
Mr Stockhausen left to interview Mr Mossop.
The Registrar: "As to the matter of Sen Sui Suen, I have put his petition among the papers and have rendered an account of all the moneys received. He may attend in Chambers if he so chooses; I will not. I say, and I wish it to be understood, that my duty is not to attend in Chambers. If it were my duty, I would attend, but I do not attend because I have been insulted on every occasion I have attended, and I don't choose to be insulted unless I have the protection of the Press. I am very sorry for Sen Sui Suen, but I cannot help it. I believe the only safeguard the public has is the Press. The Law has been administered here since I came here in a way I never saw it administered elsewhere. Matters are taken in Chambers in secret which ought to be taken in public. I don't choose to be a party to anything of the kind. Whether I am in a high position or
249
THE CHINA MAIL.
SUPREME COURT.
Thursday, Oct. 21.
THE SUPREME COURT SCANDAL,
THE USIEF JUSTICE AND THE REGISTRAR.
This afternoon a number of cases which have been lying over since Monday lat were to come on before the Chief Justice. The Registrar was in Court; the Chief Jus- tice was in bis room at the hour fixed. Mr Gibbons was sent for and refusod to attend on his Lordship, holding that the canop should be heard in open Court and declin- ing to subject himself, he said, to a repeti- tion of such insults as ho had already ro- ceived from the Chief Justice.
The following were the cases which were on the board :-
IN BANKRUPTCY.
In the matter of Yeong Yee Sze, a bank. rupt. Report of Registrar,
In the matter of Nursey Kessowjee, and ors., bankrupts,Report of Registrar.
In the matter of Ng Akiu, bankrupt, -- Report of Registrar.
IN PROBATE.
In the goods of Sen Sui Suen, deceased, -Inventory Account and Scheme of Ad- ministration. Petition by Chau Kwong Sung for $10.68.
In the goods of R. T. Mogridge, doceas. ed. Inventory Account and Scheme of Administration.
In the goods of Tan Seang, deceased.- Inventory Account and Echeme of Admin. istration.
In the goods of Sarah Jane Royston, de cessed.-Inventory Account and Scheine of Administration.
In the goods of Alice Windsor, deceased. -Inventory Account and Scheme of Ad- ministration,
In the goods of Che Suin, deceased.-In ventory Account and Soheme of Adminis- tration.
In the goods of Fook Su Tong, deceased. -inventory Account and Scheme of Ad- ministration.
In the goods of Arthur W. Connor, de- ceased. Petition for grant of Administra- tion.
In the case of Lak To Kwang, deceased. Petition for grant of Administration.
The message Mr Mossop brought was to the effort that the Chief Jus ice was waiting for the Registrar.
Mr Gibbons said: Procedings in Bank- ruptcy must be heard in Court, and I decline to attend in Chambers. The Or dinance orders the proceedings to be on motion in open Court, not by the Judge in Chambors. I decine to attend. The Judge has insulted me every time I have! attended him in Chambers, and I intend to wait upon him no more.
Mr Mossop here left.
The Registrar, asking if any reporter was present, and the Reporter of the China Mail answering in the affirmative, proceed. ed I desire what I have just said to he knowa publicly. I have been waiting hore now for half-an-hour, and if the Chief Jay- tice does not choose to attend to them, then these matters, which have been lying over now for three daya and are all of a pressing nature, must lie over again, because the Chief Justice thinks that when I go into his Chambers be can keep the Press out and insult me there with impunity, and I don't choose to do it. The last time I at- tended lu Chambers he ordered me out. After that I should be wanting in self- respect if I attended again. It is no part of my duty to attend in Chambers, either as Master of the Court, aa Official Assignee or as Registrar. I don't choose to allow my office to be made into the office of Judge's clerk. I wish that to go forth to the public. I have laid a complaint before the Governor, and the Governor has not yet taken any notice of my complaint. Whether he will or not I don't know. I have asked to bave the matter referred to the Secretary
of State for the Colonies, because, I think my treatment here has become a public scandal, and 1 think that the business of the public is entirely neglected, and I think that the office is falling into a state of com- fusion, almost as bad as that from which I rescued it. I am forbidon to write to tha. papers; I am not forbidden to utter my sentimente, and I only desire now to make a public utterance. I have been six months in the Colony; I believe I have worked as bard as any man, and I have put things as straight as it is peasible for any man to put them; but I Love Lover had any duties defined in any way, and I do not to this day know what fees are properly leviable in respect of the business done in this Court, I have looked through all the scales of fees, have examined them carefully and I do not find one of the scales applic able to the present state of things. I say that that is entirely due to the neglect of the Chief Justice, by whom only, acting with the Executive, can a scale of fees be imposed. That mau has, since 1964, ne- glected his duty in this matter of the scale of tees. I have addressed the Governor vu the su"ject; nothing yet has been done. In the matter or Ng Akiu, a bankrupt, I can do nothing. The Chief Justice will not sign the papers. A creditors' assignee was choser, but I can do nothing. The Chief Justice says I ought to hand him the say I am not his clerk. I am paper& not his servant. 1 decline to do that which
is no part of my duty. I declined to have anything to do with that bankruptcy be cause I believed it has to do with the keep- ing of brothels. An official assignes was appointed, and the Chief Justice will not sign the papers unless 1 hand them to him personally. If that is a good season all well and good. I don't think it is a good readou. As a Solicitor 1 Bay it is a very bad one. I broileva my experience ia as great as that of any one in this Court, both as a judicial officer and as a practising barrister. I was Chief Ju dicial Officer of the City of London for se- veral years, and I say that tu my opinion the Chief Justice is doing what he ought not to do. These are matters which con. ceru the public more than they concern me, because I am utterly indifferent whether i keep the position or not. If the Governor would only furnish me with the means to go bome, I should go home to-morrow, so sick am I of boing here, I have experienc- ed treatment since I have been here such as no official in my position would ever stand, and such as no official has ever been subjected to before. If I had not been the mildest of men I might have been forced into doing something which I dare not con- template.
Calling the Usher of the Court, Mr Stockhausen, the Registrar then asked him to ascertain from Mr Mossop whether the Jadge was coming. If the Chief Justice, he added, does not do his duty, I will do mine so far as in mo lies. My duty is tu attend in Court, and I will attend in Court, but I will not attend in Chambers,
Mr Stockhausen left to interview Mr Mossop.
The Registrar: As to the matter of Sou Sui Suen, I have put his petition among the papers and have rendered an account of all the moneys received. He may attend in Chambers if he s chooses; I will not I say, and I wish it to be understood, that my duty is not to attend in Chambore. 18 it were my duty, I would attend, but I do not attend because I have been insulted on every occasion I have attended, and I don't choose to be insulted unless I have the protection of the Press. 1 sm very sorry for Son Sui Suen, but I cannot help it. I believe the only safeguard the public has is the Press. The Law has begu ad- ministered here since I came here in a way I never saw it administered elsewhere. Matters are taken in Chambers in secret which ought to be taken in public. I don't choose to be a party to anything of the kind. Whether I ain in a high position or
249
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