DEATH OF HIS HONOR CHIEF JUSTICE STEPHEN.

Hawke's Bay Herald, Volume 1, Issue 18, 23 January 1858, Page 3

DEATH OF HIS HONOR CHIEF JUSTICE STEPHEN.

The following notice appeared in a New Zealand Gazette Extraordinary on the 14th inst., — His Honor Chief Justice Stephen died, at Auckland, yesterday at 10 o'clock a.m. The ceremony of the Funeral will take place on Friday, the 15th instant, when the presence of all Public Functionaries of the Colonial Government is required, and the attendance of all other persons, who may be desirous of testifying their respect is requested. The funeral will leave the residence of the late Judge, Albert Street, at five o'clock p.m. . The public Offices will be closed on the day of the Funeral. E. \V. Stafford. The sad event is thus referred to in the "Southern Cross" of the 16th. It is this day our painful duty to record an event, the first of its kind that has occurred in this Colony. Sydney Stephen, Esq., Acting Chief Justice of New Zealand, has been removed from amongst vs — struck, it might almost be said, "in the very seat of judgment," not indeed by human hand, for in these days " the majesty and power of law and justice" are respected in the highest places, — but by the inevitable hand of death. It is well known to our readers that his Honor had been for some time ill, and unable to attend fully to his judicial duties, but we believe that few anticipated that his earthly career was to close so soon. The Acting Chief Justice died on "Wednesday morning, the 13th instant, at 10 o'clock — aged 61 years. Sydney Stephen, Esq., the subject of our present notice, was the son of John Stephen, Esq., for some time Puisne Judge of New South Wales. He was called to the bar of the Inner Temple in the year 18 18 — being then about 21 years of age. Through the influence of Sir James Stephen, the well known essayist and statesman, who so long ruled the Colonies as Under Secretary of State, he was appointed AttorneywG-en--ral of St. Kitts, in the West Indies., which office he resigned, afcer having nlled it with much success and popularity 'for aVoutfive years. From St. Kkts he went to Port Phillip, where \ ie practised at the bar for sometime, and then proceeded to Launceston. Whilst in Tasmania he came into unfortunate collision with Judge Montague, who, although junior to him at the bar, inhibited him from practising in any court of law in the colony. This case being referred home, the Judge was severely reprimanded, and Mr. Stephen reinstated in his former position. We may add with reference to this affair, that the general opinion of the legal profession was that but a faint measure of justice had been rendered to Mr. Stephen, and that compensation was due to him from the Judge, for the loss he had sustained during the time that the matter was under the consideration of the Imperial Government. From Tasmania Mr. Stephen came to Wellington, New Zealand, having obtained through the influence, as we are informed, of the then Colonial Secretary, Mr. Chapman, the appointment of Puisne Judge at Wellington ; from which office he was removed to supply the place of Chief Justice Martin, whom ill health compelled to resign his office and to leave the Colony. We cannot close this notice of one who has occupied so high a position in the Colony, without adverting to some of those qualities of mind and of heart for which he was distinguished. First of these, wa? his thorough independence as a judge ; and second, — what many of our humbler readers will consider to be first, as it is the one that endears him most to their memory, — his readiness, at all times, to give advice to the poorer classes, to whom the processes and technicalities of the law were apparently an effectual bar to the impartial administration of justice. That these are not mere words of fulsome panegyric, our local readers, many of them with tears, will readily testify.