CO129-123 - Sir MacDonnell - 1867 [7] — Page 402

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communication to His Lordship by Mr. WHYTE, proceeded to read some remarks referring to Your Petitioner though not addressed to him.

That Your Petitioner asked to be allowed to speak, which the Chief Justice refused to allow him to do, but, on his requesting that a note of such refusal might be taken, the Chief Justice then said, "Oh! if you put it in that light you "may address the Court if you wish," and Your Petitioner then said, he had never sought to be aggressive, and had always respected the Bench, as he was bound to do, but as he had been accused of some contempt of Court and did not know what it was, he wished it to be stated as publicly as possible, that he disavowed ever having intentionally insulted the Court, or been guilty of contempt, and was utterly unconscious what it was that he was accused of, but was perfectly ready to apologise if informed of what he had done, and that, as His Lordship had not told him, if any gentleman, present in Court on Thursday, would say he ought to apologise he would do so unhesitatingly, and that he was not the only Member of the Bar who had been present on that occasion; adding, that he also had his position, as a Member of the Bar, to maintain, for his own sake, and that of the profession.

That Your Petitioner, as he was uttering the concluding words of this address, was sitting down, so that the last word or two were spoken while no longer in an erect position, but before he had actually taken his seat, when he was rudely told by the Judge to stand up, which he did, saying that he had nothing more to say.

That the Chief Justice never, in the slightest manner, informed Your Petitioner that he thought his manner disrespectful, or that he had been guilty of any new contempt on that day, but, on the contrary, at the rising of the Court, late in the day, said, “I shall give my decision on the Thursday's occurrence on Tuesday "instead of Monday."

That Your Petitioner conducted the case for the Plaintiffs, which lasted for some time, and, at the close of his reply, the Chief Justice called Your Petitioner, and Mr. WHYTE up to the Bench, and made suggestions which resulted in the Defendant agreeing to a verdict against him for a specific sum. Your Petitioner also appeared three distinct times on the same day before His Lordship in Chambers in Bankruptcy.

Your Petitioner appeared in Court on Tuesday, the Second day of July instant, and on his Lordship taking his seat, took an objection to the Jurisdiction of the Court, which was taken down and appears in the transcript of the Record hereunto annexed, to which Your Petitioner craves leave to refer. The Chief Justice then ordered the Registrar to call upon Mr. POLLARD to stand, while the Court delivered its decision. Your Petitioner repeatedly requested to be allowed to speak, and be heard in defence or explanation, but was always rudely and insultingly refused. His Lordship then in a Court, crowded by nearly all the respectable residents in the place, proceeded to deliver a Judgment in the course of which his manner was such as to bring the Bench of this Colony and the Office of Chief Justice into public ridicule and contempt.

That the said Judgment contains many grave mis-statements, referring both to alleged occurrences, and the conduct and demeanour, and tone of voice, of Your Petitioner; and such incidents mentioned therein, as did occur, are so distorted, misrepresented, and exaggerated, as to evince a determination on the part of the Judge, to stop short of nothing that would apparently justify him in punishing Your Petitioner.

That Your Petitioner has been punished by fine, and suspension from practice, for alleged contempts of which he never was guilty, and was never, except in one instance, accused of, by the Chief Justice. That he was condemned unheard, and not allowed to defend or explain his conduct, and that he was treated with gross contumely and in a most humiliating manner before nearly the whole community. That the Chief Justice, after the occurrence of the alleged contempts of Your Petitioner, heard him, as Counsel, through the whole of one Jury case, and three times in Chambers.

That the conduct of the Chief Justice was arbitrary, intemperate, unjust, and tyrannical towards Your Petitioner.

That Your Petitioner has paid the fine imposed upon him under protest.

Your Petitioner therefore humbly prays, that this Petition may be referred to the Judicial Committee and the Lords of Her Majesty's most Honorable Privy Council, in order that the proceedings of the said Chief Justice on the Twenty-seventh, and Twenty-ninth, days of June, and the Second day of July, may be investigated and inquired into, and that the said Sentence may be wholly rescinded, reversed and expunged from the Minutes of the Court, and that the conduct, and fitness for Office, of the Chief Justice, may be also inquired into, or that Your Petitioner may have such justice and redress as to Your most Gracious Majesty may seem fit and proper.

And Your Petitioner will ever pray, &c.

Edward Willard