DEATH OF THE HON. W. D. STEWART.

Otago Daily Times, Issue 11301, 20 December 1898, Page 6

DEATH OF THE HON. W. D. STEWART.

Unfeigned and widespread regret was ex pressed ,pn all sides on the 25th;ult.,\ when the news. was. bruited abroad at an early hour of the death of the Hon. W. Downie Stewart, • which took place at* o'clock on Friday morning at his residence. • The deceased gentleman has throughout the whole of his life enjoyed excellent health, and it was only a fortnight ago that he manifested any' symptoms of illness. About that time, when in Wellington attending to his "parliamentary duties, his friends1 detected an appearance of frailty, and although he himself admitted that he was hardly in his customary fbrm_, he assiired'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,' which Re accordingly did. He took a, three or four days.'. rest in' Wellington, and then came oy, to .Dunedin. On his arrival here he made,.arrahgements. to go to the. country for a holiday—to his son's farm at Crooks-, ton, —but consulting in the meantime Dr Dftvies. that gentleman advised him to. rest, m Dunediii for-a few days-in order : that He might regain his strength, a little. Acting on. the atlvice of Dr Dayies, Blr Stewart rpmained in town,' and appeared to be -getting somewhat stronger. He attended a meeting of the directors of the Mosgiel Woollen Company on'Hho Tuesday of last week, but: the. same afternoon he took a siidden turn for the worse, and ongoing-home was compelled to take to his bed.' Duringthe next few days lie,was. dangerously ill, but on Thursday, last he ral-. lied to such a "degree.that he was able-to nso from his'bed and walk about the house. _He retired ip resign thp evening in^ good, spirits, but at 4. o'clock on Friday morning he sat) 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. The cause of death-is.attributed to disease of the heart. .The Hon. Mr Stewart was born at Blairdrunrmond;- near- Stirling, Scotland, on May 15, 184-2. .At 19 years of age.he came to New Zealand, and resumed his .study of law, whiqh he began in Scotland, entering the office of Messrs.Bichmond and Gillies. About two years-afterwards. J/Ir 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 his 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 0. J. Payne, the last-named being taken into partnership in April last. Sir Kobert Stout was an articled clerk in Mr Stewart's office. In 1879 Mr Stewart-was elected a member of the' House of Kepresentatives for Dunedin, and, on-the defeat of the Grey Administration, was returned a second time in the same year. He contested the Dunedin 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 tlireo years later he was successful m.securing re-oloction, Mr.Dick again contesting the samo seat'with'him. Mr Stewart was ln-lbSl called to tho Legislative Council, tins being the last life appointment made: by • fiord 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 Jie made a special study ot the laws-of various States. On his return to this colony he delivered a lecture _to the Otago Law Students' Society on English and American Law." ' This lecture, which was republisheclin tho States, suggested a number of legal reforms, most of whioh have since become law. Mr-Stewart advocated'a code of procedure, and. that the 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'have a right'to counsel paid-by the State; that confessions made to clergymen and eoramuni: cations made to physicians should be privileged;- that'the .rate of interest should do fixed; that there should be a Contractors Lien 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 specia. damage. This reform was adopted only last session; In 1885 he carried tho: Evidence Amendment Act, by which tho courts were entitled to take judicial notice of tho laws ot foreign countries, and under which an action for seduction-may be brought without proot 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,. 1695. r In 1884-he carried a bill making ihe'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 admimstra; tors may resign or be removed. To the hon. geptleman 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 Homo authority who studied it_ex : pressed tho opinion that it was a judioious proposal, and ." if passed into law would be an. example to Great Britain.". Mr Stewart, in > '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 coloriy.and tlio reading of tho Bible in schools: In 1883 he again; visitec1 the United States and Canada. Apart from political and legal life,Mr Stewart manifested,a keen interest in matters which affected the social well being of the community; He actively assisted the late Mr K. i Gillies in' promoting the Patients r and Prisoners' Aid Society inJunelß77, and during the whole of the subsequent years he was an earnest member "of committee, and in many

ractical ie Booioty.and ite.'worE.*;Fpi;r^g)^ i aJ|ra«.i.lf.e~';,(. sars he. was also in" the: habit1 of" Visiting' 1ue.:..'.----rspital .almost.every .Sunday," the:• young;, -\ v . jople iiv.the children's ward especially.itjomg :.; .' 10 subject of his interest.: He also took,an '- stive part in church and educational matter 3, ;.: ;,- jing a member of KnoxChurchSession,;and'';'; ■'■ i a rule a member of the Presbyterian.Synod.-':; or several "years; he .was aimember.rof thov"' ;. inion street School..Committee,...arid>";.was. ■; liairman for a term. ?He was a director of ie Colonial Bank up to 'the;.'time,' of . the . malgamation, and.up. to' the time of his... eatlrwasa director,of the-Mosgiel ; . ■ lompany.- Mr. Stewart was married in-1363'" a the■'■ youngest 'daughter of the' 'late Mr. .; leorgo 'Hepburn,:;'of -Wokari;-.: She died'lo.-: cars later, leaving two sons and two': daugh-' .'; ; ers. ■ ■ One; of the''latter' has" recently'• passed' '•"■' or art exa'minoticjjn: at Oxford:.Mr Stewart1 ; lt.rried in 1881 Miss Mary'Thomsori,' daughter '••'; f Mr William ThtSmspn, formerly.provost'of - rvitie, Ayrshire, Scotland, ;by.whom-he; has- ', -, ne daughter. :',;■. :• ■;-■.■...'■■■ :■ •: ■ - . TRIBTJTES OF RESPECT. ;''.'• ' '".■;.'.■. •It was expecte'd^that-reference would; be ';'~ nado to the death'of the late Hon. William , )ownie Stewart aVthe'&st sitting of the;•. • Supreme Court; apd-' as .'a mark of-respect ■„.. o. the deceased i.gentleman.-, there ...was. -a',;.;. mrnerous attendance".; of members -..of.-' he legal.-.profession t; on-...Saturday- ■.. norning, when 'a':; sitting ' in.; Chambers.';. res 'to be held .before his Honor V ilr Justice Penne?ather.; The members of ' ,he profession in attendance were Messrs'. , r. M. Gallaway, ft1". .1. Sim, W. C. Mac-; 3regor, S.*,Brent>" C: E. .'Chapman, J. F. • Voodhouse, J.. Wilkinson,, A. James, G. . dondy, H.- Turton, W/ D. Milne, J. 0.-, Stephens,-■Ji:B...Callan, T. K.-Sidey,.C: : J. 'ayrie, A. Brown-Durie, S.^ Solomon, "F. J. ' stilling. Hon.- J.J MacGregor, J. H. Hos-7 . :ing,F., Calyertl .A. A. l<'mch, ;F; Z;.'.' tfoore, G. H^ Thomson,'J. A. Cook,' and ; ,V..H. M'Keay. . Mr' C..'M'K. Gordon (re- . ristrar) and Mr G.", A. King' (depiity-regis--rar) were also present. .... ~ f .."''.•' His Honor said: ;Be'fore I : begin,this norning I would mention-tliat I sawwitb.•.;. rery great regret in; the paper-an annoupcenent of the-death of Mr Downie Stewart.: llthough personally^ I kpew ; ;. him , very . ilightly; he was one of those who welcomed, ne in a cordial and friendly way six months igo, ; and I. know' what .a useful, man : ha vas, not only in the Legislature but also in Cecity in which: he lived aiid;as a mem)er. .of the profession. W I hope to-morrow ; -,o be amongst those who'-go^ to pay a last;;ribute of respect to his memory, 'arid no loubt very many :qf the' profession will be' iere. . '' ■ -.-,.':, ,'., v '.':' ■ '.;,.'• ..,'. ;. Mr Gallaway (president pf ? the Law So- ' ;iety):' I have to, thank. your Honour: on;;.' Dehajf-of the professioSn for the; very, feel-: ing manner in. which'you have-alluded to.;he loss the profession has-.sustained;; ::.■ I;' [eel sure I voice the', feelings of -every, -merh-; ber of the profession-when :il. say that by . the dea,th of the Hon. W. Downie. Stewart vgreat—l may say an irreparable—loss,to'"i the profession'at this juncture has occurred^ Ihose.of us who c^me most^fre^uently.into. ,: contact with 'Him jare 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 coining 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 in connection with, his professional attain-. , ments that the- memory.-of, the- Hon. Downie Stewart wili.-;be preserved. !I. think it is fitting'at this 'time to pointout that it is quite' -svithin the' grasp . of an able lawyer ,to be a'gwd and'useful public man. It is too often suggested that .. members of the -legal profession: are notuseful 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 aa answer ay any time to such a suggestion. :It has ; been ; frequently, said' that often the .best legal reformers; have beenlawyers; 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 still what was best and most useful in ths; way of reform, and that such men of neces^ sity 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 "> iff airs.' He always' lent '■- himself. ■' to help.;'and . assist' the public ; as. well as the profession ,m ; the: bills .which have been passed'-.into ■ law during the time ' he was a member of Parliament, .i It-is unnecessary for me to say more at this juncture, bulJ I think .it would, be'well if your Honor' could: see your way to -direct, after . the formal business! thatthe court, as a mark of respect, should be', adjourned. ' |~.',.", His Honor: Unless there are.any mattera of a pressing nature, I think it would be aa well, .to adjourn, at once. . ■ ~■;.'■ . Several, .matters of 'urgency' were ■ men- . tioned, and the court was then adjourned as a mark of respect to the deceased.1 '•' :. '" TELKOBASr FROM; THE rBBMIEB. .'' ' the Eight Hon. the Premierforwarded the following telegram', on being advised of Mr Stewart's decease;-^-" I am much dis-, . tressed and sorry, 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 their > irreparable-loss.".'' ' ... ~ * '.' ' THE FUfTEBAI,', ';' ,' . ' . \ 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 tha vicuiity of the'house; All; classes ,'oi : the community' were represented, and onia sentiment. was-experienced by' all: '.sorrow .. for the loss of an- lipright man, an able lawyer, a painstaking legislator, a/generous friend—a good citizen. The services ■ at the house and in the cemetery were conducted by.the Eev. Mr Hewitsori,-of iKnos Church, and the Eev. Dr Waddell, of St. Andrew's, and were of the simple but impressive character observed by Presbyterians. Tha ' officers of Knox1 Church,, and nearly /every . member of the Deacon's' Court, followed next to'the chief mourners, the,relatives.of. the. deceased.. Then ' somewhere near* 300 cife zens 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, Bi?ent,. J. A. Cook, Hanldn, .Stilling,;WoodhoTise, andCalvert, representing the Council of. the Law' Society, had seats. Amongst those who took, part in paying this solemn, tribute oi respect were nearly, every member of- tht^ legal profession in the city, many of whose names are mentioned in the assembly at the '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: E. Oliver, Wv"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.E.'s) ; and amongst-the •others-who thus expressed1 their esteem and sympathy.' were: Mr E. B. Cargill (Mayor of Dunedin), the Eevs. Gibb, Hewitson,- arid Dr Waddell; ■ Messrs E. Gleridiriing, T. Brown,: A.: -Will son.D. A. M'Nicoll, A. Stewart,.A. Burt, , W.Guthrie, G. L.Denniston, W. Swan; CE. ..Chapman, H. Gourley, J. H. Morrison^ M. Cohen, E. Wilson, A. C. Begg,. J.'Arm-; strong, W.-L. Simpson, T. W.'Kempthorne, A. Beverly, W./Wardrop, J. Eobin, J. -T..', Mackerras,. .1. Hazlett,,.W.'.iß.'/yigers, "W.,.' P. Watson,. Hon:,.T: Dr Hislop, Dr Davies, Dr Fulton, and Professor. Sale. The remains were interred in the Southern Cemetery, where the service was read by the" Eev. Mr Hewitson, and prayer offered by the.Eev. Dr Waddell. " .■-,■: J / >; '-\; -I--At Kriox Church on Sunday morning 'the; Eev ; W. Hewitson, in the course of.an inapressive 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,, arid he might be well held upas 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 Otago' and Southland, and also; to'the. fact that for' 29 years he. had'been; (in officebearer of Knbx.Church.'arid during that time had faithfully discharged the duties o£ hisv office. In the hospital.and in Knox Church' Sunday School his kindly presence and cheery words would be sorely missed. '; Atthe conclusion of the semon the .congregation sang " For,-: ever with the Lord," and after the benediction had : been pronounced' the vasfc! congregation stood up while' Mr Baiih -; plaxed the " Dead March in, SanL.'V '■:■:■■