urt might treat as a contempt a practice
tolerated at Westminster: he considered the custom pernicious, but
dismissed the case, and left the governor to act for himself.

The appeal of Mr. Gellibrand to the profession perfectly vindicated his
conduct. It was found that the first counsel in England often acted
against a retaining client, and sometimes drew pleas on both sides.
Thus, in a question of a right of way, the same counsel drew the
declaration, the plea, and the replication. However objectionable at
first sight, where legal technicalities are so fatal to even a right
cause, it would be no small hardship were an opulent person permitted to
engross the legal talents of an island, and exclude his antagonist from
the possibility of obtaining justice. The excitement occasioned by this
dispute was of long continuance, and motives were freely imputed.

Although the chief justice dismissed the motion of Mr. Stephen, the
governor determined to press the charge, and appointed a commission of
enquiry. Additional matter was urged: it was said that Gellibrand
advised a client to enter an action against a magistrate, whom his
office might oblige him to defend, and that his intimacy with Mr.
Murray did not become his relations with the government. Mr. Sergeant,
now Judge, Talfourd regretted that by quitting the commissioners
appointed by the governor, he had damaged his case. The crown had a
right to dismiss; but he was clearly of opinion that the proceeding of
the local officers was the effect of either "malice or mistake." The
charges of professional malversation he pronounced too absurd for
notice; that the practice was not only allowable but often imperative.

Mr. Stephen, on his passage to this colony was involved in a quarrel,
which ended in an assault. On his action he obtained L50 damages. His
bill of costs, twice that amount, was published, to contrast with the
professional scruples which inspired his opposition to Gellibrand. This
bill consisted of one hundred and twelve items, among which the
following: "to instructions for replication," "for brief," "retaining
fee." Many other such payments of self to self, passed the taxing of the
master. After paying actual expenses, Mr. Stephen, however, handed the
surplus to a chanty.

The master of the supreme court arrived in October, 1824. This gentleman
was the brother of the late William Hone, a party writer of great
celebrity, whose opinions in early life were extreme,