DEATH OF THE HON. W. D. STEWART.

Otago Daily Times, Issue 11301, 20 December 1898, Page 8

DEATH OF THE HON. W. D. STEWART.

Unfeigned and widespread regret was expressed .on all sides on the 25th ult., when the news, was bruited abroad at an early hour of the death of-the Hon. AY". Downie Stewart, which took place at 4 o'clock on Friday morniug at his residence. Tho deceased gentleman has throughout the whole of his life enjoyed excellent health, and it wbs only a fortnight ago that ho manifested any symptoms of illness. About that time, when in Wellington attending to his parliamentary duties, his friends detected an appearance of frailty, and although he himself admitted that he was hardly iri his customary form, he assured them that it was but a slight passing indisposition. Towards the close of Parliament, however, he appeared, if anything, worse, and Mr Scobie Mackenzie prevailed upon him to consult a medical man. The doctor advised Mr Stewart to postpone the trip to Dunedin for a few days, wliich. he accordingly did. He took a three or four days' rest in Wellington, and than came on, to Dunedin. On his arrival here he made.. arrangements to go to the country for a holiday—to his son's farm at Crookston, —but consulting in the meantime Dr Da-yies, that gentleman advised him to rest in Dunedm for a few days-in order that he might regain his strength a little. Acting on the advice of Dr Davies, Mr Stewart romained in town^ and appeared to be getting oomewhat stronger. .He attended a meeting of the directors of the Mosgiel Woollen Company on "the Tuesday of last week, but the same afternoon he took a sudden turn for the worse, and ongoing-home was compelled to take to his bed. During the next few days ho was dangerously ill, but on Thursday last he rallied to such a."dogrep that he was able'to rise from his'bed^and walk about the house. He retired ip rest! in thp evening in good spirits, but at 4. o'clock on Friday morning he Bat; up in his bed and asked for a drink. This was handed .to him, and after partaking of a few mouthfuls ho fell back on the pillow and died. Tho cause of death-is attributed to disease of the heart. , The Hon. Mr Stewart was born at Blairthummond,' near Stirling, Scotland, on May 15, 18*2. At 19 years of age he came to New Zealand, and resumed his study of law, which he began in Scotland, entering the office- of Messrs Richmond and Gillies. About two years-afterwards Mr Stewart was articled to Mr (now Sir James) Prendergast, and on the 12th June, 1867, he was admitted to the bar. He then began the practice of law on hi 3 own account, and amongst those who have been associated with him as partners in business wero Mr Joyce, the present Judge Denniston, Mr Allan Holmes, and Mr C. J. Payne, the last-named being taken into partnership in April last. Sir Robert Stout was an articled clerk in Mr Stewart's office. In 1879 Mr Stewart was elected a member of the House of Representatives for Dunedin, and, on -the defeat of the Grey Administration, was returned a second time in the same year. He contested the Duncdin West seat at the election of 1880 against the Hon. Thomas Dick, but was defeated by eight votes. In 1884, however, he was returned by a small majority over the same opponent, and three years later he was successful in securing re-oloction, Mr Dick again contesting the same seat with him. Mr Stewart was in 1891 called to tho Legislative Council, this being the last life appointment made by Lord Onslow. In 1879 he was offered, but declined, the office of Attorney-general in the Grey Administration. Mr Stewart in 1875 visited Great Britain, travelling through the United States, where he made a special study of tho laws of various States. On his return to this colony he delivered a lecture to tho Otogo Law Students' Society on "English and American Law." This lecture, wliich was republished. in tho States, suggested a number of legal reforms, most of which have since become law. Mr Stewart advocated' a codo of procedure, and that tho costs of an action should 'be fixed according to a scale; that prisoners should be allowed to give evidence on their'own behalf; and that a prisoner in poor circumstances should hove a right to counsel paid by the State; that confessions made to clergymen and communications made to physicians should be privileged; that tho rate of interest should be fixed; that there should be a Contractors' Lion Act: that the legal status of married women should be altered; that a betterment' law should be passed; the abolition of primogeniture; and the fusion of law and equity. In 1879 he introduced a bill to enable a woman to whom unchastity was imputed to bring an action for slander without proof of special damage. This reform was adopted only last session. In 1885 he carried tho Evidence Amendment Act, by which tho courts wera entitled to take judicial notice of the laws of foreign countries, and under which an action for sediiction.may be brought without proof of loss of service. In 1879 he carried an act by which deeds could be proved in the Magistrate's Court, without calling the attesting witness. This alteration of the law has proved a great benefit, and is re-enacted by sections 89 of " The Magistrate's Court Act, 1693.' In 1884- he carried a biil making tho publication of a false notice of births, deaths, and marriages in a newspaper punishable by fine or imprisonment, and in the following year an amendment by which acknowledgment of deeds by married women was abolished, and an amendment in " The Administration Act, 1885," by which executors and administrators may resign or be removed. To the hon. gentleman the credit is due of being, the first in the colonies to make an effort to introduce legislation to effect a settlement in labour disputes. Shortly before the maritime strikes in 1890 he introduced and carried to a second reading the Strikes and Arbitration Bill. The measure had many commendable features, and a Home authority who studied it expressed tho opinion that it was a judicious proposal, and "if passed into law would be an example to Great Britain." Mr Stowart, jr. 1891, carried several important amendments in the law relating: to trustees. .He supported the extension of the franchise to women, advocated protection for a young colony.and tho reading of tho Bible in schools. In 1883 he again vieitec 1 the United States and Canada. Apart from political and legal life,Mr Stew&rt manifested a keen interest in matters which affected tho social well being of the community. _He actively assisted the late Mr R. Gillies in promoting the Patients and Prisoners' Aid Society in June 1877, and during the whole of the subsequent years he was an earnest member of committee, and in many

practical ways manifested a warm intercut in the society and its -nork. For n. greatimiuty years ho was aleo in the habit of \'isitiiij, i'uc hcspital .almost every Sunday, tlio young people in. the children's ward especially feeing the subject of his interest. He also took an active part in church and educational matters; being a member of Knox Church Session, and as a rule a member of the Presbyterian Synod. ]?or several years lip. was a member of the Union street School. Committee, and was chairman for a term. :.He was a. director of the Colonial Bank up to the, time of the amalgamation, and up to the time of Ma deatlv was a director of the Mosgiel Company. Mr Stewart was married in 1863 to tlio youngest daughter of the late Mr George Hepburn,;; of Wakari. She died 10 years later, leaving two sons and two daughters. One of the-latter lias recently - passed her art examination at Oxford: . Mr Stewart' married in 1881 Miss Mary Thomson, daughter of Mr William Thomson, formerly provost of Irvine, Ayrshire, Scotland, by whom he has one daughter. TRimrrKS of respect. - It was expected} that reference would b« made to the deathof the late Hon. William Downie Stewart at the' first sitting of the Supreme Court, and as a mark of respect to the deceased gentleman- there was a numerous attendance of members of the legal - profession! on Saturday morning, when a sitting in Chambers was to be held before his Honor Mr Justice Penne'father. The members of the profession in attendance were Messrs J. M. Gallaway, W. A. Sim, W. C. MacGregor, S. , Brent; C. E. Chapman, J. F. Woodhoiise, J. Wilkinson, A. James, G. Mondy, H. Turton, W. D. Milne, J. C. Stephens, J. B. Callan, T. K. Sidey, C. J. Payne, A. Brown-Dune, S. Solomon, F. J. Stilling. Hon. J. MacGregor, J. H. Hosfcing, F. Calvert! A. A. l<'inch, F. Z. Moore, G. H. Thomson, J. A. Cook, and W. H. M'Keay. Mr C. M'K. Gordon (registrar) and Mr G. \A. King (deputy-regis-trar) were also present. . . . . . His Honor said: Before I begin this morning I would mention that I saw with very great regret in the paper an announcement of the death of Mr Downie Stewart. Although personally I kjiew him very slightly, he was one of those who welcomed me in a cordial and friendly way six months ago, and I know what a useful man he was, not only in the Legislature but also in the city in which he lived and as a member of the 2'rofcssjon. • I hope to-morrow to be amongst those who go to pay a lasttribute of respect to his memory, and no doubt very many of the: profession will be there. ■''..,,-■'■ Mr Gallaway (president of the Law Society) : I have to thank your Honour oa behalf of the profession for the very feeling manner in which 'you have alluded to the loss the profession has sustained. :I'. feel sure I voice the .feelings of every member of the profession when I say that by the death of the Hon. W. Downie Stewart a great—l may say an irreparable—loss to the profession at this juncture has occurred! Those of us who came most frequently into contact with Him ,arti probably best* fitted to form an opinion of. his legal attainments, and I am sure that those of us who have frequently come into contact with him have learned something from him not only as a man learned in his profession but from the manner in which he always practised it. As a young member of the profession it seemed to me that coming into contact with him I always learned that there was some? thing more in the profession than the mere making of a livelihood. But it is not only ill connection with his professional attainments that the memory of the Hon. Downie Stewart Will be preserved. I think it is fitting at this time to point out that it is quite within the grasp of an able lawyer to be a good and xiseful public man. It is too often suggested that members of the legal profession are not useful members of Parliament. But I think we have only to remember the good work which Mr Downie Stewart has done in the interests of the public to give an answer ay any time to such a suggestion. It has been frequently said that often the best legal reformers have been lawyers; that it is the men- who have been able to rise above the mere selfish practice of their profession who have been able ,to further by their skill what was best and most useful in the way of reform, and that such men of necessity used the knowledge acquired in a professional training. I think in this connection we are justified in remembering the part that the Hon. Mr Downie Stewart took in public affairs. He always lent himself to help, and assist the public as well as the profession in the bills which have been passed; into law during the time he -was a member of Parliament. It is unnecessary for me to say more at this juncture, but; I think it would be well if your Honor could see your way to direct, after the formal business) that the court, as a mark of respect, should be adjourned. His Honor: Unless there are any matters of a pressing nature, I think it would be as well to adjourn, at once. Several matters of urgency were mentioned, and the court was then adjourned as a mark of respect to the deceased. TELEGRAM FROM THE FRESHER. The Right Hoi), the Premier forwarded the following telegram, on being advised of Mr Stewart's decease:—"l am much distressed and sony, indeed, to. hear of the sudden death of the Hon. Downie Stewart. I little expected, when saying good-bye at the end of the session, that it was the last I should see of him in this world. The family have my heartfelt sympathy in thoir irreparable loss." ' ' . ' ' THE FUNERAL, ' The funeral of the late Hon. W. D. Stewart took place on, Sunday afternoon, the cortege leaving Heriot row very shortly after 3 o'clock. For some time previously there was a large assembly of friends at and in the vicinity of the house. All classes of the , community were represented, and one sentiment was experienced by all: sorrow for the loss of an upright man, an abla lawyer, a painstaking legislator, a generous friend—a good citizen. The services at the house and in the cemetery were conducted by. the Rev. Mr Hewitson, of Knos Church, and the Rev. Dr Waddell, of St. Andrew's, and were of the simple but impressive character observed by Presbyterians. The officers of Knox Clnrrch, and nearly every member of the Deacons' Court, followed next to.'the chief mourners, the relatives of the deceased. Then somewhere near 300 citizens followed on foot, and these again were followed by about 30 vehicles, in some of which his Honor Mr Justice Pennefather, Mr J. F. M. Fraser (Crown prosecutor), and Messrs Gallaway, W. C. MacGregor, Brent, J. A. Cook, Hanlon, Stilling. Woodhouse, and Calvert, representing the Council of the Law Society, had seats. Amongst those who took part in paving this solemn, tribute oi respect were nearly- every member of thi legal profession in the city, many of whosf names are mentioned in the assembly at tin Supreme Court on Saturday morning when reference was made to the Hon. Mr Stewart's death. A large number of the members of. the Salvation Army, in uniform, walked in the procession. The members of Parliament who could at all conveniently attend were present, including the Hons. R. Oliver, W. M. Bolt, A. Lee Smith, D. Pinkerton (M.L.C.'s) ; Messrs M. ,J. S. Mackenzie, J. A. Millar; James Allen, and A. Morrison (M.H.R.'s) ; and amongst the others who thus expressed their esteem and sympathy, were: Mr E. B. Cargill (Mayor of Dunedin), the Revs. Gibb, Hewitson, and Dr Waddell: Messrs R. Glendming, T. Brown, A. Wilson, D. A. M'Nicoll, A. Stewart, A. Burt, W. Guthrie, G. L. Denniston, W. Swan, C. R. Chapman, H. Gourley, J. H. Morrison, M. Cohen, R. Wilson, A. C. Begg, J. Armstrong, W. L. Simpson, T. W. Kempthorne, A. Beverly, W. Wardrop, J. Robin, J. T. Mackerras, J. Hazlett, W. B. Tigers, W. P. Watson, Hon. T. Fergus, Dr Hislop, Dr Davies, Dr Fulton, and Professor Sale. The remains were interred in the Southern Cemetery, where the service was read by the Rev. Mr Hewitson, and prayer offered by the Rev. Dr Waddell. . , At Knox Church on Sunday morning the Rev. W. Hewitson, in the course of an impressive sermon, made reference to the death of the Hon. W. D. Stewart, and paid a tribute to the deceased gentleman's philanthropy. Mr Downie Stewart, he said, had been a. power in the life of the community, and he might be well held up as a noble example of what true citizenship meant. The preacher referred to the deceased's neverfailing interest in everything which pertained to the welfare of the Presbyterian Church of Otagri and Southland, and also to the fact that for' 29 years he.had beenan officebearer of Knox Church, and during that time had faithfully discharged the duties of his offico. In the hospital and in Knox Church Sunday School his kindly presence and cheery words would be sorely missed. At the conclusion of the sermon the congregation song "For ever with the Lord," and after tho benediction had- been pronounced' the vast congregation stood up while Mr Barth played the " Dead March in SanL.1'