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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this
despatch to deal with the case as may appear to Your Grace most expedient for the general intrests of Justice.
I have the honor to ben
May Lard Lutte, Your Grace's most obedient,
aasa..
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Count
humble Sewant,
un Mandell
Governor.
Si F Rogue
This is
A
19 Sefst 67
most painful
nacemly
disagreement between In Pollard Q.C
Chief Justice Smala"}
des patch appears
& the Governos
to put the case very
clearly & impartially.
7
brought by the Chief Justice agt Mr
Pollard
one uninitiated in
The to charger of
Contempt
7
Scann
strained
y
not
& barely to
it to
Come within the definition of
actually frivolous
the term supposing
Such mätters
Mlan
Scrimply disobedience
to the rules on process
The Court.
But under
any corices
M.Smales
of
Mr Pollard before
& conduct whis treatment
densely crowded Court was not only mont. humiliating to the latter, but most und ignised in itself, and likely Ishould fine to towe gyo the Status of the Bench of itthon, in public estimation.
The result In smales Judgment,
wh whit was interspersed with remarks which were ridiculed by the andrence, was that In Pollard was find $200
7
& suspended from practising in that Ct for 14 days.
The feeling of the public was attected by immediatis raising
by Subscription.
the
amount of the Fine
It is worthy of notice that I Whyte (who
Until recenth
was a post office) Un Pollards offenent
in the case out of wt the fracas
in
ar ful
puts
the accuracy
affidavits agreeing Entives
Entires in the
of the Pr Charger agt the smale
a that affidents
Sinntar in Effect are put in by of mat respectabl
Jurymen
& 2 Newspaper repeaters.
In Sonale & In Pollard both wish to be referred to the Judicial Commullie if it it be ruled that
to that Committer.
tivo
W.R.
an
appeal
les
Ren an two questions - 1. Whether to
་
Imace's jou pèr or stile united
then her is unfit for
2 whe
whether
Fround 2
It news that Rainey
his Whation
J. From
Й
thee Justia d
prendial. In Uforring
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