CO129-319 - Governor Sir Blake - 1903 [10-11] — Page 144

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-ly on the point at issue because practice is not to be gained

from books, and that but for the temper which he shewed and his

insulting demeanour towards myself because 1 had as custodian of

the records pointed out an irregularity on his part, this matter

would never have arisen. Also that this is not a matter, and 1

lay stress on the point, wherein Mr. Smith can act independently

of the Chief Justice, as i pointed out to him at the time, and

that a great want of courtesy and consideration has thereby

been shown to the Chief Justice who has been totally ignored

although I may mention that I did not fail at the time immediate-

ly to report to his Honour Mr. Sercombe Smith's behaviour to-

wards myself.

22.

Finally after an unblemished and honourable career of

over 30 years, I am not likely at this stage to commit myself

in the manner in which Mr. Smith has placed the position before

the Government, for, as Lord Mansfield, has it: "If I was wrong

I should think it more honourable to acknowledge and rectify

any error that I should have committed, than to justify and

defend it." (Kex v. Wilkes, 4, Eurr, Ft. IV,2532.)

28. I blame myself only for one thing; that when Mr. Sercombe

Smith sent for me, I did not as on previous occasions and as in

the case of Mr. Justice wise as well, when in office, send his

own clerk to him or one of my Deputies. This would have prevent-

ed the unpleasant contretemps which kr. Sercombe Smith has now

brought about.

Most respectfully submitted for the information of his Excellency the Officer Administering the Government.

5. Cameron Villas,

Feak,

28th. May,1902.

(sd.) J. N. Norton Kyshe,

Registrar of the

Supreme Court.