despatch to deal with the case as may appear to Your Grace most expedient for the general interests of Justice.
I have the honor to be,
May Lord Luttrell, Your Grace's most obedient,
humble Servant,
John Macpherson,
Governor.
Sept 19 1867
This is a most painful and unseemly disagreement between Mr. Pollard Q.C. and the Chief Justice Smale.
The despatch appears to put the case very clearly & impartially.
The charge of Contempt brought by the Chief Justice against Mr. Pollard is one uninitiated in the law strained barely to come within the definition of the term, supposing such matters as simple disobedience to the rules or process of the Court.
But under any circumstances, Mr. Pollard's conduct and treatment of Mr. Smale in a densely crowded Court was not only most humiliating to the latter, but most undignified in itself, and likely to lower the status of the Bench in public estimation.
The result of Mr. Smale's Judgment, which was interspersed with remarks that were ridiculed by the audience, was that Mr. Pollard was fined $200 and suspended from practising in that Court for 14 days.
The feeling of the public was affected by immediately raising by subscription the amount of the fine.
It is worthy of notice that Mr. Whyte (who until recently was a post office official) Mr. Pollard's opponent in the case out of which the fracas arose, puts in affidavits agreeing entirely with the charge against Mr. Smale, and that affidavits to a similar effect are put in by several respectable Jurymen and 2 Newspaper reporters.
Both Mr. Smale and Mr. Pollard wish to be referred to the Judicial Committee if it is ruled that there is an appeal to that Committee.
Two questions arise - 1. Whether the Judicial Committee is united in its judgment or style is unfit for... 2. Whether it is necessary that Rainey should have his jurisdiction...
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