CO129-319 - Governor Sir Blake - 1903 [10-11] — Page 138

COPY.

Enclosure to No. 2.

a

135

Statement of facts relative to a communication addressed by the

Acting Puisne Judge, His honour Mr. Sercombe Smith, to His Excel-

-lency the Officer Administering the Government, regarding a

discussion which took place in the former's Chambers at the

Supreme Court Buildings, on Tuesday afternoon the 27th. May, 1902.

1.

Paragraphs 2, 3, and 4 of the Puisne Judge's letter are

correct.

2. On sending for me 1 at once proceeded to the Acting Puisne

Judge's Chambers. He was then seated at his desk, and address-

ing me in a loud tone he called out "What is your authority for

saying that it is irregular for a Court or judge to endorse

the process of the Court ?" I replied that "I could cite none

specially, but that I had authority for it in the fact that 1

had had considerable experience as Registrar and that in the

whole course of that experience had never known a judge en-

dorse such documents in the way, he, Mr. Smith, had done". he

then rose from his seat, struck his fist violently on the

table and shouted in a most insolent tone "then if you have no

authority how dare you tell me that my action was irregular"

and with his hand outstretched called out to me: "leave my

office". I declined to move and standing by Mr. Saith, I told

him that "unless he behaved as a gentleman I should not listen

to him" - he then shouted again "leave my office" and on my

telling him that if he used the word "kindly" 1 should leave,

he called out "kindly leave my office", whereupon I said "with

pleasure" and left.

3. 1 had no sooner got back to my office when Mr. Smith

evidently oblivious of his conduct towards me in his office,

deterrined to carry matters further and immediately sent me his

minute