AT THE SUPREME COURT.

Auckland Star, Volume XXII, Issue 308, 30 December 1891, Page 10

AT THE SUPREME COURT.

At eleven a.m. on Dec. 7, by the invitation of His Honour Mr Justice Conolly, there was a large gathering of bhe legal profession ab the Supreme Court iti token of respect for the memory of Sir Frederick who had occupied the position of President of the Auckland Land Society. Mr Jusbice Conolly was on bhe Bench and alongside of him eat Mrs Conolly. Dr. J. Giles R M was also present and bhe following members of the Land Society wore were in the body ot the Court :-M S ssrs L. Hesketh, C. B. Button, Theo. Cooper,. A.. B Devore, 11. Williamson, Thos. Cotter,

Dr.: Laishley, W. JVNapieis J. Tole, S; Hesketh, A. Brock, \V. F. Buckland, W. Thorne, H. C. S. George, H. Armstrong, E.: -Cooper, J; M. Alexander, J, ' Palmer, E. W. Burton, E. Maboney, E. : A... Jdackechnie, F. E. Baume, W.J. Hill, C. F. Buddie, A. Hanria, E." Earl," IV. Colemari, CV'Z. Clayton, J. O'Meagher, H. B. Lusk, J. M. Lush, G. M. Johnston, W. R. Bloomfield, 0. J. ; Tunks, J. A. Beale, A. E. Gribbin, C. 11. Tylden, 0. M. Quintal,'M. HI Wyhyard, F. Brookfield, The Court having been finally opened, the whole of those present stood, and Mr E. Hesketh, Vice - President' of the Law Society, delivered the following address : —Your Honor,—lb. has fallen to my lob upon bbia sad occasion to represent the members of the profession to which I have the privilege'to belong, and bo meet with them to join'your Honor in' expressing our lament pver'the great loss which we have airsustained. ;i We do most deeply deplore the severity and , suddenness of that loss, and our feelings are intensified by knowing that your Honor can most favourably tesbify bo your own experience '-'of bur valued friend in these paths of life which have not been trodden by myself or the most of my brethren who are here with me. To hear such an expression from your Honor's own lips will add much to the testimony and experience whioh wo can give of the great value and worth of our distinguished head. It was with extreme alarm thab we witnessed tha first approach of his terrible malady, and for some time - past ib was apparent bo us thab tho hand of death was upon him, and though he knew of his coming fatal end, yet. ho'was able to rofer to ib with calm composure, and sbill continue hiehouiely manner and conversation. In this way we: were somewhat prepared for his leaving us ; bub now thab hia life has closed so swifbly, and even though we know thab suffering has been spared him, still, our minds are filled with deep emotions and grief thab he is no more. Of him we can say thab he has been an efficient public servant, and I will nob presume r.o say any more upon a subject with which your Honor is more familiar and better able to speak. We can also say that wo always found his long professional character impressed with a high standard of integrity and honour, and his private conduct by that candour arc! amiability which mado ib so pleasing bo meeb him in any capacity. As an opponent ab the Bar, ho used his privileges firmly, bub at all times reasonably, and never was he found to be nn--mindful of the great obligations to his client. As a loader, we could ever repoeo with confidence on iiis-valuable contribufcive powers and qualities. ■ In private life he was always courteous bo everyone, and reinarkablo for his kindliness of disposition, and possessing ache did those bright conversational powers, he was able ab all times to make himself a most agreeable companion. I can also refer with pleasure to the office of President of our Lav/ Society, which he held continuously from the time of the Society's formation some years apo, and to the zeilous interest which he took in all that tended to maintain the honour and integrity of tho profession. As a distinguiahofi man wo know that he was esteemed nob only by all who knew him, but particularly by hia own generation. As our leader and our head, we honoured and respected him, and hia greatest faults —if such ahull be attributed to him — were those of disregard of self, and iridifieionco to his own aggrandisement. For my self I would say that for the past 25 years I have had the honor and privilege of knowing Sir Frederick Whitaker, and as year by year our int.iinacy increased, i was compelled to extend my appreciation of hia great merits and my admiration for his eminent charactsr and judgment and to me as to many others he was ever a kind and faithful friend. I cannot conclude my words without adding that I believe he died without an enemy and at peace with tho world, and if ib be that a lieaveniy reward »waits thote who possess the qualities for which ho was so distinguished, then we are justified in feeling thab such reward has been secured by our departed brother, and our trust and hope is thab he lias now entered upon a liie of amending rest and bliss. Mr C. E. Button said : After the exceedingly appropriate remarks of Mr Hesketh with regard to the esteem in which the late Sir Frederick Whitaker \va3 held, as the head of theJegal profession, and us I understand your Honor intends to refer bo hia pubiic character, . ifc remains for me only to say n word or two on bohalc of his late .partners, who are prevented by unavoidable circumstances from beiiiy personally .present on tlrid occasion. 1 can bear testimony to tho perfect confidence which tho partners in the original firm mutually placed in each other. Sir Frederick's judgment was always looked up bo and relied upon, and lor some twenty years or more,, during which the partnership existed, the business and friendly relationship between the partners was , nob disturbed by a single disagreement. I am also desired by the employees of the late firm to express the veneration and esteem in which the late Sir Frederick was held by those who were ongaged in his employ, and to bear testimony to the almost fatherly interest whioh he always manifested in their welfare. His Honor said ": I am very much gratified that the course v/hich ,1 adopted on Friday afternoon has met with the approval of the profession, manifested by tho very large attendance of' members on thia occasion to pay a laafi tribuce of respect to the memory of Sir Frederick Whitaker. When the announcement of his death was made in this Court on Friday afternoon, as the Court was engaged in a criminal trial,ib was impossible even to observe the ordinary mark of respect by adjourning the Court. Ib occurred to me later that a large number of profeseiopal brethren of the. Bar would be glad of an opportunity to meet mo in this Court, in order, by. their presence, to testify to their respect for the memory of the departed gentleman. It appears to me that no lees was due to one who, I believe, may be called the "father of the Bar." I believe ho had been in practice in bho colony for a longer period than anyone now living and in _ practice, and his career from tho iir.sl until tho lasb was that of not only a distinguished member of the profession, bub of one whoso whole conduct in the profession was without stain and . without reproach of any kind whatever. Thab I believe to be so,, though,, of coursoj a krge parb of his valuable services to the colony were given before I arrived in it. I have been to a considerable extent forestalled in what I might have said by the eloquenb address which has been read by Mr Hesketh. From the agewhichSir Fredk. had attained, from our knowledge of his malady and of the attack which he hjid some monbhs ago, we were nob unprepared for the result which came to pass. Yet it was sudden, and without any particular warning by his. being confined to his house. Ho was actually oric'ao-ed in business to the very last moment, dying, a-s he had lived, hard working, and giving his bosb services wherever they- were- required. Sir Frederick Whitaker had, 1 understand, been resident in Auckland for about half a century, and ,hnd been .-ia Auckland connected with almost every public work. If he was only identified with Auckland it would be great presumption on my part, beinp so recent a comer to this parb of fche colony, to have said anything that has fallen more appropriately from your spokesman, on this occasion ; but Sir Frederick, although an Auckland man tor. all bhose years, was nob wholly an Auck- , land' man", for: during the whole of those j fifty years .he. had been identified; with the colony —those fifty yeai-e j arealmosb identical with bhe existence of (

the colony. Almost' from the very first he had taken an active parb in colonial life. Although ib was long before my time, I am awaie that his services were"" called in on more than one occasion, long before the establishment of Responsible Government, and in addibion to the legal services which he gave, on one occasion as Superintendent ot bhi3 proMnco, and also as an actne member of bhe Provincial Council, bhab he held a judicial appoinbment on more than one occasion. Of his services during the past twenty-six years I am able to speak with some knowledge, and there are also on record his services to bhe colony since bhe establishmenbof Responsibls Government; ;I find-.he.has -been twice Premier of, this colony ; whab to ithe legal profession -ie--of- more interest, he, has; !,held ab the head of the Bar, as Attorney-General. He had in one capacity,or another taken a prominent parb in Responsible' Government for thirteen-anda half years, tx r longer period of public service in that bhan any obher.nian has.abbained to, and.'.always" his services appear'bo have been - most highly appre'eiabed by those with whom he associated. To hie ability and industry are due many of the laws, under which we are now living. His capacity in .that respect for drafting Acbs of Parliament waeremarkable,' and whenever he'was in office as AttorneyGeneral, he devoted himself most carefully to such duties as the drafting of laws to be submitted, to Parliament. I personally have known- Sir Frederick Whitaker, but not intimately, ever since I have been in the colony. ' I have aoted with him in professional matters, and have recognised his great ability and greab knowledge of bhe law, I also had the privilege, if I may so termibj.pf being one year in offico under him, for he was Premier during one of the year 3 bhab I myself was in office. No one could be in private intercourse with him - and in ihe deliberations of the Cabinet without being impressed not only with the wisdom of his counsel, but with the kindly manner with which he exorcised it. He knew, in his position- as Premier, how to'guide the counsels of the Cabinet, bub he never did so in ' any way which could be obherwisp than agreeable to those who were associated with him; in fact, ib v/ould be difficult to iind a man so large in intellocb'and with such capacity for mental work, combined with such a gonial and cheerful temporament, which always mado it a pleasure to have occasion to see him on any matter of business. I am not going to touch on any political .matters. Of course he took a very activo part in politics, and during the whole of his career I doube —active politician and parci.san as lie, was—whether he had made a single enemy in politics, and 1 believe that his loss will touch those who were his opponents in I'arliuinont for many years as keenly as it (ioe3 tlioso who were associated with him. That genial tern-. peramenfc, thab happy disposition", appears to have lasted till the end of his life. 1 myself saw him for the lasb time 1 believe about three months ago, and 1 could not help remarking.then bhab, notwithstanding the iulinnity of his speech, that his mind, apparently, was as clear and hi.s temper ay cheerful as it had been when he waa in per tecb health, and 'in thab cheerful and amiable frame of mind, I have no doubb he would bo well, prepared to meeb : that which ho knew muob come, and which we all must know must come to u3 sooner or later. He leaves behind him an unblemished reputation private and public, lih name willj I think, live, and ought to live, long after those who arc living and who knew him, and, when the next great anniversary of the colony conies—when ib celebrates its centenary—though very few, perhaps, of those now present may be hero, 1 beliove the orators.on that occasion who speak of the progress of tho colony, will do their duty in calling to mind among tho great men who helped to form this colony the name of Sir Frederick Whitaker. In further token of respect for the memory of tho deceased, the Court then adjourned for the day. A tribute of respect waa paid to tho memory of Sir Frederick Whitaker ab St. Paul's Church on Sunday night, Dec. loth. Ti'io Rev. C. M. Nelson, who occupied the pulpib, spoke in warm tcrm.s of the de-ccar-cd gentleman. Sir Frederick Whitaker had beon a member of the congregation for 50 years. He would be identified in most of their minds as a statesman. Though ho had in thab capacity undoubtedly had his share of enemies, theru were nob many who would be abio to deny hif eflorts for New Zealand in general and Auckland in particular. Those'who knew him in private life would not fail to remember his uniform kindness and cheeriness of disposition. Before taking the ordinary business at the meeting of the Ur.iversiry College Council on December ~l4th, the Chairman, Sir Maurice O'Rorke, reforred feelingly to the death of Sir Frederick Whitaker, whom ho felo justified in calling " the father " of the institution. Several attempts, he said, had been made to jreb a college established in Auckland, and tin? was not accomplished until it was taken in hand by Sir Frederick Whitaker, when 'Premier of the cnlony in 1882. He as-ked tho Council to place upon its minutes a tribute to hia memory in expressing regret ab their loss, appreciation of his services, and sincere condolence with the members of hie family. Ho moved as follows :—" The Council of bhe Auckland University College, desiring to placo on record its appreciation of tho services rendered to this College by Sir Frederick Whitaker, K.C.M.G., and. its sense of. the loss it has sustained by his death, resolves : Thab bhere be entered on the minutes of this Council an expression of its soirow for the Sudden deabh of Sir Frederick Whitaker, and. of its sincere sympathy with tho members of his family in their affiliation ; thab it further be recorded as a tribute tb hif- memory, thab tho Colleco was founded by an Act of tho General Assembly of NewZoaland passed under his auspices, when he was Premier of Now Zealand in 1882 ; and that, its first professora were engaged under his direct instruction to the AgentGeneral of the colony, Sir "17. JD. Bell; that Sir Frederick Whitaker had been twice unanimously elected member of bho College Council by "members of- tho General Assembly and was a member of bho Council at tho bime of his death ; bhab the Chairman bo requested to convey these resolutions to tho members of Sir Frederick's together with the condolences,of-the Council upon the severe loss thab has befallen them by their father's- death.' 1 Colonel Haultain seconded tho motion, ;ab .the same time remarking thab the Council must not forget thab it was, greatly indebted bo their Chairman for bhe institution of a'Collecre Council, in.Auckland. Mr J. Diiworth spoke briefly in support of the motion, which was carried unanimously. ... Resolutions of sympathy with the relft-.j bives of-bho deceased have also been passed by a number of AJiisnnic lodges.