MR JUSTICE STEPHEN'S FAREWELL.

Press, Volume XLVIII, Issue 7874, 27 May 1891, Page 6

MR JUSTICE STEPHEN'S FAREWELL.

A PATHETIC SCENE.

(FROM OUR CORRESPOXDEXT.)

LONDON, April 17.

The Pres3 have forced Mr Justice Stephen to retire, and last week he took his leave of the Bench in a dignified and pathetic manner. In the full Court with all Queen's Council and Benchers present he and his brother judges entered, all robed in ermine save Sir James himself. He had worn hia robes for the last time, and came in plainly dressed in black. He looked pale and troubled and walked with a hesitating step to the seat which the Lord Chief signed to him to take. There he sat down, with hie hands folded and his fingers nervously working whilst the Attorney-General made, on behalf of the Bar, one of those elegant, graceful speeches which on these occasions Sir Richard Webster makes so well. Sir Richard epoke of the brilliant career of the great lawyer, whom he said he honored and respected the more since, as soon aa there was any question raised, of t»is jalxysicsLl capstcixy to perform lliiififtiilfffilfi

ended, the Lord Chief Justice and Lord Justice Bowen, who occupied the seats on either side of Sir James, rose from their seats and stood -whilst Sir* James, still flitting i niatlp Uio pecti tf iw>--well- He -would have risen also. He mule a movement as if to do so, but the Lord Chief whispered something to him, and he remained seated to speak his apologia. It was a painful speech to listen to —painful because of the paiu with wllicll it Wa9 spoken and painful because it presented the spectacle of a good and strong man struggling against infirmity. He spoke with difnculty, his voice was clouded as if with tears, especially when he dwelt on his regard for the dignity and the reputation of the office it had been his ambition and his pride to fill, and his speech was broken by painful pauses where he hesitated every now and again to choose between two forms of expression. In all he said there was no word that did not tell of the goodness and strength of the man and the judge. His speech was in a touching minor key. He spoke as one conscious of hard and painful self-sacrifice in the step he felt called upon to take. " I have come here for the purpose of saying good-bye," he said, "and I have just one word to say of the causes that have led to my retirement. I certainly very little expected to have to take such a step except as one looked forward to at the conclusion of my life." He told how he had been made acquainted with the supposition that he was no longer physically capable of discharging his duties, how he had caused every inquiry to be made, and rejoiced that no single instance was brought to his notice of any failure of justice; how he had consulted physicians of the highest eminence, who could detect nothing wrong, but who said at the same time that in the interest of his own health it would be well for him to rest; how upon this he had communicated with the Lord Chancellor, and obtained permission to retire. There was a sense of hardship and injustice in all this, but it was without any touch of petulance, and only added to the quiet dignity of the position which he now went on to define. •' I should have thought it unbecoming," he said proudly, " in a person filling such an oifiee as mine, to hold on so as to leave any doubt as to my capacity to discharge my duties. But I will make this simple remark as to my own feelings. As far as lam conscious of my own condition of mind and body I do not think retirement would be necessary. These are the grounds on which I stand before you." Then he paused a moment, and remembering that he was not standing, corrected himself, saying, "sit before you." Then he went on to speak in the " presence of faces so familiar and dear to mc," and of his kindly feelings for all, his hope that he should continue to be their intimate friend. He did not know of any single member of the profession of whom he had any but friendly feelings, though, he added, "one never knows who is one's enemy, __ and who one's friend." At the close his emotion almost overcame him. "I don't mean to make a tragedy of this occasion," he struggled to say, and then ended by exclaiming with emotion he was now unable to conceal, "God bless you all, every one!" With that he finished, and rose slowly and with effort from his seat, and stood looking round like one in a dream. Then the Lord Chief Justice, seeing his distress, went up to him and shook him sympathetically by the hand. Then he took a last look round the crowded court, in which everyone was standing, turned round, and walked slowly out with the Chief Justice, the others following.