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139
letter, I beg to point out another mistake under which he
labours. He was not sitting "as a Judge or Court" when he sent
for me in his Chambers. He was alone as an ordinary official in
his own office enquiring into a departmental matter, something
regarding the date of the service of some process by a Bailiff,
a ministerial matter, which, if not satisfactory to himself,
directly came within the cognisance of his honour the Chief
Justice as the head of the Judicial Department, and whilst so
enquiring he very irregularly as i have pointed out endorsed
the process of the Court, a Court Record, for departmental
purposes.
15.
As fuisne Judge when sitting either in Court or Chambers
on any Court matter, he is of course independent qua judge, but
the moment he steps into his Chambers, and addresses the Regis-
trar when he is alone on a departmental question in such a
matter for instance as that under consideration, the Puisne
Judge is simply and purely an official, that is to say an
officer of the sxecutive who must, in case he is dissatisfied,
communicate with the Chief Justice in the first instance and to
whom the Registrar is responsible for the proper working of
the Department.
16.
This stated, having regard to his most provoking insults
to me by striking the table and ordering me to leave his office
a very serious matter involving sometimes most serious con-
sequences was, as an official, forgetting and entirely mis-
conceiving his position and as regards which I now beg most
respectfully and strenuously to protest.
17.
Since I have been in this Colony time after tire 1 have
had occasion to protest against the attitude of Mr. Smith to-
wards myself. The records of the Colonial Secretary's Office
will bear ample testimony to what I now state: the last
occasion
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