CHIEF JUSTICE HULME. (From the Friend of China, November 28.)

New Zealander, Volume 3, Issue 193, 5 April 1848, Page 3

CHIEF JUSTICE HULME. (From the Friend of China, November 28.)

(From "We have theunpleaßrini task of recording a prosscution that would disgrace a Borgia, and be censured by Macbiavelh ; but we leave observation for the prebent, and keep as close as possible to narrative. On Monday it became generally known that Chief Justice Hulme had been cited to appear before the Executive Council—the membprs of which are Sir John Davis, Maior-General D'Aiyiiilar, Won. Mr. Johnst-me. and Major William I'aine—to answer the following charges brought aguinst him by &ir John Davis: — Ist. For havins bcei intoxicated at a dinner party given by Rear-Admiral Sir Thomas Cochrane, on bourd H. M. S. Agincourt, in the latter part of 1845. 2nd. For li^vinfr been ititiic'cated nt the house of Major-General D'Aguilar in July, 1846. 3id For being anhabnual drunkr.rd. The announcement cf tliese charges was received •with incredulity ; even on Tuesday some of our them's doubted that such infatuation as an attempt to prove thjm could ixi>t. However, i i common with O'hers we were convinced that erring humanity can en«lea\oui to blast ;le reputation of such a man as Judge Hulme, by readiug a note in his own handwriting intimating to a neighbour that such was the fnct, and lequesting him to attend the Council and pye evidence. Douhts were thus dispelled, and ou Thursday, the firtt day the Court *as held, the inhabitants, almost to a man, attended at the Council door to mark their respect for the Hon. Clref Justice by uncovering as he enterPd to meet his accuser. It is proper to st U that the charge was preferred in a private despatch written to Lord Palnierson, sboitly after the decision of the Compton case. The Chief Justice's adheience to the law ofhis country, in opposition to the wishes of Sir John Davis, gained him the enmity of that functionary , and the declaration of the legal advisers of Her Majesty's government, that the judge could not have acttd otherwise, added oil to the flime that burned in His Excellency's breast. It oicdsionally happens that the biter gets bit — the fox falls into his owu tiap—-and such has been the case i» this instance. It was not intended that the piivatedespateh should lead to an inve«tigation—the reputation of the Judge was to be blasted by charges conveyed covertly ti Her Majesty's Government; but Lord Pdlmerston handed over the despatch to Earl Grey, the Secretary tor the Colonies. , His Lordship could not dismiss the Chief Jus.ice on the mere pr<,ofof an under-hhnd, seuri official letter, and he ri quested that the Executive Council should be commissioned to take evidence and transmit it to the Colmial CMh.ce. In leply to this, Sir John Davis said, that since Mis. Hulme had returned from England, the Judge had reformed, and an investigation was no longei called for ; but the character of a Chief Jus'we is not to be defamed with impunity, and Lord Grey intimated to Sir John Davis that he must either make an ample apology or prove his chaiges. The latter alteinative, as mo c in keeping with the cliarac er of ths man, W/iS chosen, and &i ihicc d.i;O tlie Council lid>> been engaged examining witnesses On Thursday, bi'fore the pi ocee.lingb commenced, the Chief Justice demanded lliat the Court be an open on". This v.as denied ; an act of injustice, as the members of the eommib'ion were all tit d as witnesses for the prosecution, it being ruled that their evidence should be taken last, m order to fill any hiatus in the testimony th..t hid preceded them. On courts of inquiry it is not usual lor the uiembeis to appeal as witnesses; bu> on this occasion, precedent, duiency, and honour, were set ute'efuncc. A determination was evinced at all hazards to indulge the feelings of one or two individuals, who st.iKed their standing in society as gentlemen on the Jesuit —and let others say with what sue ce-e. Major-General D'Aguilar, as a member of Council p otested against the proceedings in foto. He prot(Sted against the sanctity ol Ins hospitable board being violated by anenquin as to tbv conduct of his guests. He also protes'ed against a private note to Sir John Day s, marked private and confidential, being received in evidence, but the honourable baronet read it, coolly lemarkinj at the suine time, that his lwlier to Lord Palmers on was nisi private. The one, however, was imeniled to rum a man of high moral, and intellec val iharacter by underhand charges, ■which hive bten proved groundless : the olhfr a conndential commumcat.o l between two acquaintances, inadmissible ds evidei cc according to the code ot honcur which tegulates society. General D'Aguilar has shown that his heart is in the right place ; and not an Englishman in China (apart from a few officials) but Will admit c his manly advocacy, privileges of society so grossly violated. '1 he witnesses of prosfcuiion were nearly all naval and military officers ; an lan officer of rank testified, that he had met the Judse at dinner parties eighteen tunes; and that he was almost always the flist man to leave the table the charges were perfectly groundless To prove the fi.st couit, that of having been intoxicated on board H.M.S. Agincourt, various witnesses were examined, but they proved a negative. The first declared he had seen Admi als, Generals, and Governors a geat deal more excited. Others testified much the same, with the exception of Major Came. That official declared that the Judge was intoxicated on board the Agincourt, and also was at Majoi-Genl's. party, but that he had not seen him under the influence of wine on other occasions. This will be taken at what it is worth by those who are acquainted with local matter. The simple truth is that it would suit beveral of our dignitaries, were the Supreme Court closed for a season; and if Sir John Davis has the shadow of an excuse for doing it, he will suspend the Judge until the decision of her Majssiy's Government is known. In the face of the evidence he will scarcely dare to commit such an outrage; though he, has power to suspend any member ot Government, taking upon himsell the responsibility, which is at times rather a serious one. Ihe firbt charge was negatived by the prosecutor's witnesses, and in a lew words the facts are tliese :—The Judge is, or was at that time, afflicted with a voticose vein in the leg. To enable him to appear in dress at the Rear-Admiral's party, tin bandages were removed for the evening. The Judge, like many other good men, is of a gay and mirthful dispontion, frank, gentlemanly, and social, — jui 1 tie person on a ich occasions to be courted. In the course of tlu^euing his weak leg got troublebome, and without rec 1 ec ing that he wai the guest of a. cieature of etiquct c ie was placed on a couch or chair. We have not a copy of the evidence before us;

but when it does appear, the above short statement will be found correct. The second count— that of being intoxicated at General D'AguiW's table in July. 184G— was also rebut, ted. The court being a closed one, it is not proper that wo give the names of the witnesses. It is enough to to say that the gnests, military and civilians, proved the charee to be fals=. The Honourable Major Came wa? again an exception, his evidence being for the prosecution ; but opposed to it, there is recorded the declarations of several military men who were present, and that of a civilian who left the house with the Judge, p.nd shook hands with him in the ureet. The thi id count— that of being an habitual drunkard — and the only one of grave impoitanre, was set aside by a host of evidence, including officers naval and military— the heads of firms— tlie medical attendant of the accuser— the barristers practising befoie his court— and a representative of the press who attends every cniut 10 report. The evidence showed that on the Bench the Judge is remarkable for his composure of manner 5 for his patience in attending the testimony of pievaricating Chinese witnesses, and for the impartiality of his legal decisions. All this is incompatible with the shattered nerves of n drunkard. Those who had the advantage of meeting him in society, declared unhesitatingly that the chi r ge was fal f e The numbcv ot wifn.rs*es could not fall much short ot thirty for and aguinst the prosecution; though with the exception of the Honourable Major Ciine, thetes* timony was favourable. We express our conviction that had the jurors of the co'ony been summoned, they would h<i\e attended to a man, and deciaied that they looked upon the prosecution of the public in the per son of the representative of the Majesty of British law—the Court beiug ou^only protection from oppres. sion and wrong. No tim« will be lost in presenting Hi" Honour with an address expres s ive of public sympithy ; and his countrymen in Canton will also testify their respect in a similar way. There is bat one feeling on the occasion, which is, tint Chief Justice Hulme has been prosecuted in a most disgraceful manner; and thit he has passed must honourably through the fifty orde-il of an investigation upon his private life. Malice and hatred have followed him to thi ta'>le of his ft lends ; but malignity itself has only charged him with being excited by wine twice in two years, and these charges, have been refuted by many witnesses.