OBITUARY.

Lyttelton Times, Volume LVI, Issue 6502, 29 December 1881, Page 5

OBITUARY.

IN MK MO 111 AM.

Tub Latb Bicuahd Bostlrh. Both in England and Now Poland many a heart will feel grieved at the announcement, “ Jour columns, of the death of Bielmrd Hustler. To those who knew him most intimately, the loss of the ever genial *' Dick ” (as he was familiarly known) comes with tuoli ft suddonoftM, tlmt it requires time to recover from the effects of the s«d i nielli* ffcoro* Apparently in the enjoyment of hale middle Me, he has been called away from that band of friends that had but some few daye ago welcomed him back to Canterbury. It is, however, more in regard to hie intimate connection with sport, and especially racing hero, that I wish to offer these few lines of remembrance to one whoso memory will be ever green in the minds of those with whom he has come in contact. Mr Hustler arrived here in 1869, and, after a short stay in Canterbury, proceeded south at the outbreak of the Otago diggings. There he, in partner* ship with Mr Beineksr, started a general •tow and hotel, but the speculation was a comparative failure. Returning to Cantor* burr, he purchased Mr A. w. Money’s celebrated old horse, Bob Boy ; and from that day his connection with the turf in New Zealand was never sever'd. The all white jacket of “Mr Cleveland ” was, however, the unlucUest of colours; and it is with his labour* as H&ndioapper, Clerk of the Scales, critic, and general adviser on racing matters, that he will be more lastingly remembered. Himself the soul of honour, and implicitly believing every man to be actuated by the came principles, it ie no wonder that he never profited from hie turf experience. Of late year* his visits, even to the Christchurch Race Meetings, had been few; but during his last trip to the Old Country, the Yorkshire ptmhutU for racing re-asserted itself; and the writer had the pleasure of following the English turf campaign through the medium of the vigorous English of the subject of this notice. None who knew him could fail to recognise his genial nature; and may the turf lie lightly on one who loved it so well in his lifetune, HERMIT.

THE HOB H. 8. CHAPMAN. (Otago Daily Ttnua. Die. 88.) Wo have to record with deep regret the death of the Hon Henry Samuel Chapman, ez-Ohaneellor of the Otago University, and ex-Judge c! the Supreme Court, at the ripe age of 78. A brief illness preceded toe mournful event, which happened about 6 o'clock yesterday afternoon, at Woodside, too residence of the late gentlemen. At 78, any man may be supposed to hold his life on the frailest tenure ; but in the case of Mr Chapman the proverbial longevity of his family, coupled with his own extraordinary vigour of mind and body, rendered it highly probable, until within the last few weeks, that hs would live to even a more advanced ago. His father recorded the ninety-second anniversary of his birth.

The late Mr Chapman was born at Bennington, London, on July 21, 1803. He wae a eon of Henry Chapman, Esq., who was for many years connected with the Barrack Department (now abolished) of the Civil Service, and was educated in English and Continental schools. It may, however, bo said (hat throughout a long and eventful life be was always engaged more or less in the work of self-education. Apart from ancient classics, in which it is known he wae proficient, he had acquired a complete mastery of the French, German, and Italian languages. Of late years be devoted hie leisure very largely to the cultivation of a renewed acquaintance with the Anglo-Saxon and early English writers, and it was an especial bobby of his to endeavour to trace back to a real or supposed Saxon origin common words of modern use and coinage. The love of languages and literature, which Mr Chapman contracted at an early period of bis life, probably led to that connection with the Frees to which he made passing allusion at the recent meeting of the Early Closing Association. He then otited that be bod established or assisted in establishing the first newspaper ever published in Montreal, Upper Canada — a newspaper atill extant. This carries one back to toe political turmoils in Canada which culminated in the formation of the body known as FiU de la Libertf, and the Pepineau Rebellion. The first outbreak occurred at Montreal in the year 1837, and Mr Chapman became involved in the general movement. He made no secret of his connection with the party, and although the socalled “rebels” sustained a series of defeats at the bands of the English troops at 8t Eustace, Toronto, and other places, Mr Chapman lived to see the wrongs of bis fellow colonists redressed. He was appointed a joint commissioner with the late Mr J. P. Roebuck, M.P., to represent the Colonial Reform party in England. By their united efforte through tbe Prose, and a then common mode of appeal, pamphlets, and still more strongly through personal intercourse with leading members of the House of Commons, the condition of Canada eventually engaged the attention of her Majesty’s Ministers. The lari of Durham (having tbe late Mir B. D. Hanson, afterwards Chief Justice of South Australia, as bis private secretary) was despatched on a special mission to Canada, ana tbo outcome of his investigation was a series of legislative Acte relating to the Government of Canada and too reunion of the two provinces. The Canadian question having been solved, Mr Chapman devoted himself for a number of years to the discussion and treatment of politico-econo-mical, social science, and colonisation questions. Ho formed one of a oirolo whioh included the late Charles BuUor.J. 8. Mill, j, p. Roebuck, 8. Biceardo, Gibbon Wakefield, G. 8. Evans, and others. Concurrently, Mr Chapman wrote estenslvely for the reviews, the l ondon Press, ana qualified himself for tbo English Bar. He was a pupil of Mr Dodson, an eminent pleader, and after serving the necessary number of terms, June 12,1840, saw Mr Chapman enrolled as one of tbo mystic eraft. He went for eoroo short time the Northern circuit, and in June, 1843, was appointed by tbe late Earl of Derby (then Lord btenley, Beeratary for tbo Colonies) to be a Judge of the Supremo Court of New Zealand. During Urn interval which elapsed between Mr Chapman « return from Canada and bis departure for Bow Zealand, he took a very active interest in the «• heroic work" (to use Lord Bacon stem) of colonisation. Fully subesrlbiug to the views which afterwards became knowp Gibbon Wakefield theory,Jio laboured bawl Bichard Hanson, Dr Evans, tiid MrOhaptoaw afterwards emigrated to Wellington i while Mr George Fife A ago# went to Boutn Aus-| trail*/ where be now remains, the solitary survivor of the Utile band. Mr Chapman • »pera. pamphlets, and “approls’-’upon toe 'judge was resolved upon, and toe offer of it

given to him. Prior to hi* departure for Now Zealand he was presented with a costly service of plate in recognition of bis un* wearied effort* in promoting the work of colonisation. That ho retained the good wishes of hi* old fellow workers was shown by the uninterrupted correspondence which they mutually continued to interchange until, one by one, they were removed by death.

When Mr Chapman arrive! in New Zealand, in the year 1848, the Chief Justice (now Sir William Martin) woe stationed in Auckland. Mr Chapman wa* biased in Wellington, and periodically held his Court there and in Kelson. When the two Judges had to meet in conference they made Wanganui or Kow Plymouth their common rondexvous. one walking or tiding all the way from Auckland, and the other from Wellington. This mode of conference wae necessarily so inconvenient that when “ the Government brig" was at last secured the Judges interchanged their opinions on paper. In the days of which we speak little or nothing was known of Olakoa (Otago) beyond the fact that Taiaroa and Tuwailti (Anglicised into "Bloody Jack") wore lords of the dominion, and that venturesome Billy Williams (the Uto Captain Peter Williams) used to trade here occasionally. The late Mr John Jones had taken up his ahodo at Waikouaiti, and when leaving Wellington for the purpose ho was generally regarded os consigning himself to Ulima Thule. Wellington itself was the resort of whalers, and they were fond of law. There was consequently, even in those Noaohian days, a very considerable bar, including Sir B. D. Hanson, tho Messrs Brower, Mr A. T. Holrojd (now Master in Eqnity at Sydney), Mr H. Boss, Mr Fox, Mr Robert Hail, Mr Brandon, Mr King and Or Evans. Most of them got scattered afterwards, while Messrs Fox, Hart and Brandon aloae remain as the wearers of the ancient toga. The entire European population when Mr Chapman came to the Colony in 1843 wae about 11,000 j now it must number roundly between four and five hundred thousand. The disturbed condition of the Wellington settlement, the Kffitive difficulties in the Kortb, and the failing hopes of tho Colonists, rendered it for some year* very doubtful whether New Zealand would over become tho land of promise the early pioneers had so earnestly hoped and prayed for. A great number of the first Wellington settlers forsook tho Colony, but Mr Chapman is not to be numbered among them. It is true that in March, 1852, he was appointed from Downing street Colonial Secretary of Van Diemen's land during the rule of Sir William Denison. Mr Chapman wae personally very much opposed to the change of life and country which the new appointment involved. Bat the offer of the appointment, it seems, was made to Mr Chapman's father and friends in London, and they, without reference to the subject of oar sketch, committed him by an acceptance of it. Communication with New Zealand was then a thing of time, and Mr Chapman’s friends in England presumed that as the emoluments of (he Colonial Secretaryship were larger than those of the New Zealand Judgeship he would make no demur to the intended change. Mr Chapman felt himself committed to what his father had arranged, although personally he very much regretted the relinquishment of the judicial office. His stay in Tasmania wa* not of long duration. Ho went to a penal settlement from a free Colony. He found the people clamouring loudly for a discontinuance of a compulsory importation of the sweepings of English prison cells. Sir William Denison—a martinet, autocrat, and continual meddler, alternately offering his unsought advice to his Excellency of New Zealand on the Native war i to the Governors of New South Wales and Victoria on fortifications, gold discoveries, and riot* j and lecturing Sir John Pedder, the Chief Justice, on the functions of tho judicial office—was the Governor under whom Mr Chapman was called upon to serve. The Colony was governed from Downing street, and the Governor was fond of despotic sway. It booted not that the colonists were all bat In arms on the convict question. Sir William Denison insisted that bis advisers should resent a motion brought forward in the Council praying that her Majesty should be petitioned to discontinue the practice of consigning English felons to the Colony. Mr Chapman, true to his natural and traditional instincts, declined to vote os the Governor required j and his voice and influence went with the emancipationists -with those who were striving to froj Van Diemen’s Land from the taint and harden which it had endnred so long. Sir William Denison, true to his instincts, at once suspended Mr Chapman; but he in return enjoyed a magnificent ovation, shortly before his departure for England, at the hands of a large gathering of colonists, including almost every man of note or influence in the place. Mr Chapman’s mission to England was eminently satis factory. He was compensated for the lots of office; and os responsible government had meanwhile been introduced in Tasmania (os the Colony was then styled), he resolved to try bis fortunes in the new El Dorado, Victoria. He arrived in Melbourne as a passenger by the Block Ball liner Lightning in the year 1854* ond shortly succeeded to a very lucrative practice, although he was a competitor with such men os Messrs Miohie, Ireland, Dawson, Fellows, Abraham, Newell, Sitwell, Wood, Aspinall, Stephen, ond Higmbotham. After tho introduction of responsible Government in Victoria, Mr Chapman was persuaded in April, 1857, by Sir John o'9banatsy to join hi* Government as Attorney-General. Hi* prestige ae an exJudge of New Zealand and Coloniol-fieoratary of Tasmania, and the contributor of a little brochure upon tho working of responsible government, pointed him out os a desirable man to have in the Government. A Mr Boragwarmth retired from the House in Mr Chapman's favour, and he was consequently elected to the vacant seat. Tho Ministry included Mr Henry Miller, Sir 0. G. Duffy, and Mr J. D. Wood a* Solicitor-General. Tho Ministry was soon afterwords defeated, and Mr Haines resumed his former position as leader of tho Government. Mr Haines had in his turn to retire from office within the course of a year, and the succeeding Ministry included nearly all the former member* of tho O'Shenoasy team, with Mr Chapman as Attorney-General and Mr Ireland as SolicitorGeneral. Mr Chapman at this time was one of the representatives of St Hilda, and in hi* official capacity had tho conduct of the Price murder trial*. Mr Duffy retired from tho Ministry before the meeting of Parliament, while tho Premier (Mr O’Shanosay) wae on tb« worst possible terms with His Excellency, Sir Henry Barkley. The Ministry was mainly kept together through the toot of Mr Chapman. who was also the medium of personal coimrunioation between tho Governor and tho Cabinet. At the wcoeoding general o ectiou Mr Chapman was defeated for St Hilda, and failed to secure hi* return for any other constituency. The Ministry was afterwiurasde • foatod on the motion of Mr William Nioholeon, and Mr Chapman's career as * Minister of the Crown finally ended in the year 1880. At the next succeeding general election ho woe returned for Mornmgton, and in 1861 relinquished bis seat to become a Judge of the Supreme Court of Victoria during Uieabsepoe on leave of Sir Bedmond Bawy. Mr Chapman's tenure of *' plwe ■ J**® Bench extended otter a period of brtwein one and two year*- ; When/relieved of hi* judicial duties lie returned to hi# Bar practice, which, was hecessArily a Rfd-deal disturbed by hi* previous retirement from fit, was one of the law lecturer* at tho. University, a vice president of the Forensic Society, and Melbourne oorrespondeat of the London When the appointment or a Judjo for Otagd was rewired upon by the Fox Government, in 'IBO4, to Mr Chapman, through Mr the Surveyor General of’Victoria, at tha timeon "a*temporary visit to Auckland, tl«t the. newly- created office was open - for his *oi»ptftHna »Hb accordingly returned to N4w Zealand* in 1864 vae a Judgd' of the Suptome Court; and was w colleague gf Mr Justice Richmond in Dunedin down to the departure of the latter for Nelson m 1667. During tlm three year** 'join' l tenure of-Rfficfl th« wo-believe, .oi.iy.npoa

of mind. Whit one needed the other bad, and there wae invariably observed the moat marked and cordial deference to each other * views. The Court so constituted was not Inaptly likened to the English Court of Appeal when lords Justices Knight Bruce and Turner presided there. After Mr Richmond'* removal to Kelson, Mr Chapman continued to administer Justice single-handed in Otago and Southland down to the end of March, 1875, safe during an interval of eighteen months, when absent on leave in 1868-6(1. As a Judge Mr Chapman was singularly painstaking, and patient to a degree. Hie writien judgment* are, a* a rule, finished piece* of composition, displaying a thorough mastery of the English language, and the faculty of keen discrimination in the use of term* and phraseology. In his addresses to Juries he was remarkably even and dispassionate. Instead of the forensic style in which some Judges occasionally indulge, of practically dictating what the jury's verdict ought to bo, Mr Chapman left every case unprejudiced by any opinion of ht* own. while on the Bench he had a fair share of oatuee celhlret —some of unexampled duration, and all of them characterised by hie own inexhaustible patience. His fondness for dry humour never left him on the Bench or off it. His retirement in 1875 wa* fairly earned, and the unusually large mutter of the Bar, upon the occasion of his final appearance, proved how sincere was the regret with which the . veteran Judge's words of farewell were listened to. Since hie retirement from active harness Mr Chapman, in the effort to keep himself from rusting, devoted hie spare moments to a variety of enterprises from which even much younger men are disposed to shrink. He was always willing to lecture, to epesk at a public meeting, or assist in any movement by which the good of the community or any section of it was to be promoted, H» extensive nnge of literary acquirements, hie knowledge of history, language, the drama, poetry, painting, and music, made him one of those “full" men who have always something well worth hearing to say. Hi* long experience of the world, of men, life, and poUtics enabled him to eay appropriately and well what others could only half-heartedly attempt. The lose of the ill-fated London in the Bay of Biscay in January, 1866, deprived Mr Chapman of hie first wife (ade Brewer), hie eldest son, a daughter, and, we think, also a younger son. Four sons still survive, and two of them are engaged in following their father's profession—one at Wellington, and the other in Dunedin. The present Mrs Chapman was a sister of the late Ur* Ireland, the wife of Mr Chapman's old colleague. Of the many excellent qualities of the late gentleman, of his kindliness of heart, his boundless generosity, his affectionate attachments, we need not speak. These qualities are always deeply graven in the quiet and philosophic, even more deeply than the intellectual merits which adorn the mind. The subject of our sketch has poised away, as we feel sure he would himself have had it, full of useful labour and of yean,

And that whioh should accompany old are— As honour, love, obedience, troops of mends.