CHIEF JUSTICE HULME. [From the Friend of China, Not. 28.]

New Zealand Spectator and Cook's Strait Guardian, Volume IV, Issue 288, 3 May 1848, Page 3

CHIEF JUSTICE HULME. [From the Friend of China, Not. 28.]

We have the unpleasant task of recording • prosecution that would disgrace a Borgia, and be censured by Machiavelli ; but we leave observation for the present, 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 Couneil — the members of which are Sir Jobn Davis, MajorGeneral D'Aguilar, Hon. Mr. Johnstone, and Major William Caine — to answer the following charges, brought against him by Sir John Davis : — Ist. For having been intoxicated at a dinner party, given by Rear-Admiral Sir Thomas Cochrane, on board H.M.S. Agincourt, in the latter part of 1845. - 2nd. For having been intoxicated at the house of Major-General D'Aguilar in July, 1846. 3rd. For, being an habitual drunkard. The announcement of these charges was received with incredulity ; even on Tuesday some of our friends doubted that such infatuation as an attempt to prove them could exist. However, in common with others, we were convinced that erring humanity can endeavour to blast the reputation of such a man as Judge Hulme, by reading a note in his own handwriting intimating ,to a neighbour that such was the fact, and requesting him to attend the Council and give evidence. Doubts were thus dispelled, and on Thursday, the first day the Court was held, the inhabitants, almost to a man, attended at the Council door to mark their respect for the Hon. Chief Justice by uncovering as he entered to meet his accuser. It is proper to state that the charge was preferred in a private despatch written to Lord Palmerston, shortly after the decision iv the

Compton case. The Chief Justice's adherence to the law of his country, in opposition to the wishes ef 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 acted otherwise, added oil to the flame that burned in his Excellency's breast. It occasionally happens that the biter gets bit — the fox falls into his own trap — and such has been the case in this instance. It was not intended that the private despatch should lead to an investigation — the reputation of the Judge was to be blasted by charges conveyed covertly to her Majesty's government; but Lord Palmerston handed over the despatch to Earl Grey, the Secretary for the colonies. His Lordship could not dismiss the Chief Justice on the mere proof of an under-hand, serai- official letter ; and he requested that the Executive Council should be commissioned to take evidence and transmit it to the Colonial Office. In reply to this, Sir John Davis said, that since Mrs. Hulrae had returned from England, the Judge had reformed, and an investigation was no longer called for ; but the character of a Chief Justice 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 bis charges. The latter alternative, as more in keeping with the character of the man, was chosen, and fur three days the Council has been engaged examining nit nesses. On Thursday, before the proceedings commenced, the Chief Justice demanded that the court should be an open one. This was denied ; an act of injustice, as the members of the commission were all cited as witnesses for the prosecution, it being ruled that their evidence should be taken last, in order to fill any hiatus in the testimony that had preceded them. On courts of euquiry it , is not usual for the members to appear as witnesses ; but on this occasion, precedent, decency, and honour, were set at defiance. A determination was evinced at all hazards to indulge the feelings of one or two individuals, who staked their stand in society as gentlemen on the result — and let others say with what success. ( Major- General D'Aguilar, as a member of Council protested against the proceedings in toto. He protested against the sanctity of his hospitable board being violated by an enquiry as to the conduct of his guests. He also protested against a private note to Sir John Davis, marked private and confidential, being received in evidence, but the honorable baronet read it, coolly remarking at the same time, that his letter to Lord Palmerston was also private. The one, however, was intended to ruin a man of high moral and intellectual character by underhand charges, which have been proved groundless ; the other a confidential communication between two acquaintances, inadmissible as evidence according to the code of honour which regulates 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 admire his manly advocacy of the privileges of society so grossly violated. The witnesses for the prosecution were nearly all naval and military officers ; one officer of rank testified, that he had met the Judge at dinner parties eighteen times ; and that he was almost always the first man to leave the table, the charges being perfectly groundless. To prove the first count, that of having been intoxicated on board H.M.S. Agincourt, various witnesses were examined, but they proved a negative. The first declared that he had seen Admirals, Generals, and Governors a great 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 at the Major-General'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 matters. The simple truth is, that it would suit several 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 Majesty's Government is made known. In the face of the evidence he will scarcely dare to" commit such an outrage ; though he has power to. suspend any member of Government, taking upon himself the responsibility, which is at times rather a serious one. The first charge was negatived by the prosecutor's witnesses, and in a few words the facts are these : — The Judge is, or was at that time, afflicted with a varicose vein in the leg. To enable him to appear in dress at the Rear-Admiral's party, the bandages were removed for the evening. The Judge, like many other good men, is of a gay and mirthful disposition, frank, gentlemanly, and social, — just the person on such occasions to be courted. In the course of the evening his weak leg got troublesome, and without recollecting that he was the guest of a.,creature of etiquette, it 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 having been intoxicated at General D'Aguilar's table in 1846 — was also rebutted. The court being a closed one, it is not proper that we give the names of the witnesses. It is enough to say that the guests, military and civilian, proved the charge to be false. The honorable Major Came was again an exception, his evidence being for the prosecution ; but opposed to itl there is recorded the declarations of severa, military men who were present, and that of a civilian who left the house with the Judge, and shook bands with him in the street. The third count — that of being an habitual drunkard — and the only one of grave importance, was set aside by a host of evidence, including officers, naval and military — the heads of firms — the medical attendant of the accused — the barristers practising before his court — and a representative of the press who attends every court to report. The evidence showed that on the bench the Judge is remarkable for his composure of manner ; for his patience in attending to the testimony of prevaricating Chinese witnesses ; and for the impartiality of his legal decisions. All this is incompatible with the shattered nerves of a drunkard. Those who had the advantage of meeting him in society, declared unhesitatingly that the charge was false. The number of witnesses could not fall much short of thirty for and against the prosecution ; though with the exception of the honorable Major Came, the testimony was favourable. We express our conviction, that had the jurors of the colony been summoned, they would have attended to i a man, and declared that they looked upon it as the prosecution of the public in the person of the representative of the Majesty of British law — the Court being our only protection from oppression and wrong. No time will be lost in presenting his Honor with an address expressive of public sympathy ; and his countrymen in Canton will also testify their respect in a similar way. There is but one feeling on the occasion, which is, that Chief Justice Hulme, has been persecuted in a most disgraceful manner ; and that he has passed most honourably through the fiery ordeal of an investigation iiito his private life. Malice and hatred have followed him to the table of his friends ; but malignity itself has only charged him with Leing excited by wine twice in two years, and these charges have been refuted by many witnesses. |