Mr. Pollard said he had received no notice. The Chief-Justice appealed to Mr. Masson, who said Mr. Pollard had been informed that a time would be appointed when the court would give a decision as to the proceedings of Thursday.
The Chief-Justice-Then, if there is no notice it is a very nice distinction, and quite in the same spirit as the proceedings of Thursday. Mr. Pollard.-Will your Lordship allow me to say something?
No.
You address me, my Lord, in public, and will not allow me to speak or address the court as a member of the bar. I object to this, and I hope your Lordship will take note of my objection.
If you put it so, Mr. Pollard, you may address the court, if you have anything to say.
I have never sought, my Lord, to be aggressive to this court,
I should hope not, Mr. Pollard, the respect due to the bench would not allow this.
It is the bench that I respect, I as a member of this bar and a barrister am bound, as is every barrister and member of this bar, to respect the bench and contribute towards maintaining the dignity and respect at all times due to it, but since the court has publicly implied differently, I wish it to be as publicly stated that I have done nothing that implied insult and disrespect, or could be construed to mean a want of that proper respect due the court. I think the court ought to be first satisfied that an insult is intended. As a member of the bar I have a right to do everything in my power to forward my client's cause and, if there is any gentleman of the legal profession who was present on Thursday (and there are a number) who will now get up and say that I have been guilty of wrong and that I owe the court an apology, I will apologise. I have my own idea of what is due to myself as a member of the bar.
Mr. Pollard then sat down, and in answer to a question from the Chief Justice, replied that he had nothing farther to say.
The case of Chun-a-chum and Another v. Ng-chap-ting, was then called, and the following jury sworn: W. D. Glossop, Thos. De Silva, T. T. Deane, H. W. Davis, Joseph Searle, Fred. Degenaer, and Ed. Handly.
Mr. Pollard, instructed by Mr. Caldwell, appeared for the plaintiffs, and Mr. Whyte, instructed by Mr. Gaskell, appeared for the defendant. This was a suit brought to recover the sum of $1,000 and interest, the amount of a promissory note given by one Ng-tai-yeong and endorsed by the defendant, the plaintiffs' claim as a security for the loan.
Page 5
Report of occurrences on Court when the Chief Justice imposed Fine on W. Pollard on July 2nd 1867
(From the China Mail of the same evening)
SUPREME COURT.
Before the Hon. the Chief Justice. July 2, 1867.
FINE AND SUSPENSION OF A QUEEN'S COUNSEL.
For at least fifteen minutes before eleven o'clock, the seats available for the public began to fill, and by the hour appointed, the Court was literally crowded, many eager listeners blocking up the doorways and passages. The legal profession was represented in great strength, and amongst the audience we observed General Guy, the Governor's Aid-de-camp, Consul Robertson, the two Police Magistrates, and the leading members of almost every firm in the Colony.
Page 6
The Chief Justice entered the Court shortly after 10 o'clock, and directed the registrar to call on Mr. Pollard to rise.
Mr. Masson: Mr. Pollard, the Court calls on you to rise.
Mr. Pollard (rising): I will ask your lordship with all respect--
The Chief Justice said Mr. Pollard could not be heard.
Mr. Pollard: With all respect, my lord, I am here in obedience to you, and I come with great respect for the bench, but I wish to take objection to your lordship's power or jurisdiction to do anything to me to-day with regard to what I might have done at any other time. I object at this time in order to save technical rights, not only for my own interests, but because the present proceeding affects the interests of the bar.
The Chief Justice: Mr. Pollard, I do not want your reasons; take your objection, and that will be sufficient.
Mr. Pollard: In justice to myself...
The Chief Justice remarked that Mr. Pollard had already been called on to address the Court if he had anything to say, and he had not said anything.
Mr. Pollard: I am called on by an officer of the Court to address your Lordship.
The Chief Justice: I don't wish you to address me.
Mr. Pollard: I am called on to address the Court.
The Chief Justice: The Court does not wish to hear you. It has already given you an opportunity and you declined it.
Mr. Pollard: I only wish to take objection to your Lordship's power and jurisdiction over me.
The Chief Justice: Mr. Masson, take down the very words Mr. Pollard wants to say now.
Mr. Pollard proceeded: That I appear here on this occasion under protest; and though I do not deny the power of the Court to punish anybody for contempt of Court, I deny and protest against the right of the Court to proceed at this time and in this manner against me for any contempt alleged to have been committed by me at any time previous to this day.
The Chief Justice: When you have written that, Mr. Masson, let me have it. (Mr. Masson handed it to the Chief Justice, who having read it, proceeded)--I have already said that it was contempt of Court that is complained of, and as I consider this protest disrespectful to the Court, I may probably go further in the observations I shall feel it necessary to make. Mr. Registrar, I shall now proceed to address Mr. Pollard, and he will arise. Call on him to arise.
Mr. Masson: Mr. Pollard, you are called on to stand up.
Mr. Pollard: Am I to present myself as a defendant, or as a member of the bar?
The Chief Justice: Take down that I desired Mr. Pollard to stand, while I address him, and that (as we understood) he refuses to listen.
Mr. Pollard: No, my lord, I do not. But I am called on by an officer of the Court. Is it as a criminal or as a member of the bar? As a member of the bar, I shall have a right of speech; as a defendant...
Done. I want to know which I am to appear as.
The Chief Justice: We must have this down, Mr. Masson. Take it down.
Mr. Pollard remained standing while what he had said was being written by the registrar, who read it as follows:-Being addressed by an officer of the Court, and not by the bench, and called on to stand, and not having been addressed by the bench, I wish to know whether—in what capacity I am called on, whether as a defendant, or as a member of the bar. I wish to add that I put this question not with a view of showing disrespect to the Court, but because, although it may be mistakenly on my part, it materially affects my rights and position.
The Chief Justice: Have you got that? Mr. Masson: Yes, my lord.
The Chief Justice (to whom the document was handed)--Now, then, the answer is that the contempt of court is greater, when the offender is a barrister, and officer of this court.
Page 426
1
Mr. Pollard said he had received no notice. The Chief-Justice appealed to Mr. Masson, who said Mr. Pollard bad been informed that a time would be appointed when the court would give a decision as to the proceedings of Thurs- day.
The Chief-Justice-Then, if there is no notice it is a very nice distinction, and quite in the same spirit as the proceedings of Thursday. Mr. Pollard.Will your Lordship allow mie to say something P
No.
You address me, my Lord, in public, and will not allow me to speak or address the court as a member of the bar. I object to this, and I hope your Lordship will take note of my ob jection.
If you put it so, Mr. Pollard, you may address the court, if you have anything to say.
I have never sought, my Lord, to be aggresive
to this court,
I should hope not. Mr. Pollard, the respect
due to the bench would not allow this.
It is the bench that I respect, I as a member of this bar and a barrister am bound, as is every barrister and member of this bar, to res pect the bench and contribute towards muin. taining the diguity and respect at all times due to it, but since the court has publicly im plied differently, I wish it to be as publicly stated that I have done nothing that implied insult and disrespect, or could be construed to mean a want of that proper respect due the court. I think the court ought to be firat satis- fied that an insult is intended. As a member of the bar I have a right to do everything in my power to forward my client's cause and. if there is any gentleman of the legal profession who was present on Thursday (and there are a number) who will now get up and say that I ave beeu guilty of wrong and that I owe the court an apology, I will apologise. I have my own idea of what is due to myself as a member the bar.
Mr. Pollard then sat down, and in answer to a question from the Chief Justice, replied that he had nothing farther to say.
The case of Chun-a-chum and Another v. Ng-chap-ting, was then called, and the following jury sworn W. D. Glossop, Thos. De Silva, T. T. Deane, H. W. Davis, Joseph Searle, Fred. Degenaer, and Ed. Handly.
Mr. Pollard, instructed by Mr. Caldwell, ap- peared for the plaintiffs, and Mr. Whyte, in- atructed by Mr. Gaskell, appeared for the defendant. This was a suit brought to re- cover the sum of $1,000 and interest the amount of a promissory note given by one Ng'-tai-yeong and endorsed by the defendant, the plaintiffs' claim as a security for the loan.
N. 5 Report of occurrences on Caut
D
when the Chief Justice imposed Fine on, W. Pollard on July 2nd 1867
(From the China mail of the same evening)
SUPREME COURT.
Before the Hou. the Chief Justice. July 2, 1867.
FINS AND SUSPENSION OF A QUEEN'S COUNSEL.
For at least fifteen minutes before eleven o'clock, the seats available for the public began to fill, and by the hour appointed, the Court was literally crowded, many eager listeners blocking up the doorways and passages. The legal profession was represented in great strength, aud amongst the audience we observed General Guy, the Governor's Aid-de-camp, Consul Robert- son, the two Police Magistrates, and the leading members of almost every firm in the Colony.
6
(4
The Chief Justice entered the Court abortly after 10 o'clock, and directed the registrar tu call on Mr Pollard to rise.
Mr Masson: Mr Pollard, the Court calls on you to rise.
Mr Pollard (rining): I will ask your lord- ship with all respect--
The Chief Justice said Mr Pollard could not be heard.
Mr Pollard With all respect, my lord, I am here in obedience to you, and 1 come with great respect for the bench, but I wish to take objection to your lordship's power or jurisdiction to do anything to me to-day with regard to what I might have done at any other time. I object at this time in order to save technical rights, not only for my own interests, but because the pre- sent proceeding affects the interests of the bur.
The Chief Justice: Mr Pollard, I do not want your reasons; take your objection, and that will be sufficient.
Mr Pollard : In justice to myself
The Chief Justice remarked that Mr Follard had already been called on to address the Court if he had anything to say, and he bad not said anything.
Mr Pollard: I am called on by an officer
of the Court to address your Lordship,
The Chief Justice: I don't wish you to address me.
Mr Pollard I am called on to address the Court.
The Chief Justice: The Court does not wish to hear you. It has already given you
an opportunity and you declined it.
Mr Pollard I only wish to take objec tion to your Lordship's power and jurisdic- tion over me.
The Chief Justice: Mr Masson, take down the very words Mr Pollard wants to say now.
Mr Pollard proceeded: That I appear here on this occasion under protest; and though
I do not deny the power of the Court to punish anybody for contempt of Court, I deny and protest against the right of the Court to proceed at this time and in this inanner against me for any
conteropt alleged to have been committed by me at any time previous to this day.
The Chief Justice: When you have writ- ton that, Mr Masson, let me have it. (Mr Masson handed it to the Chief Justice, who having read it, proceeded)--I have already said that it was contempt of Court that is complained of, and as I consider this pro- test disrespectful to the Court, I may pro- bably go further in the observations I shall feel it necessary to make. Mr Registrar, I shall now proceed to address Mr Pollard, and he will arise. Call on him to arise.
Mr Masson: Mr Pollard, you are called on to stand up.
Mr Pollard: Am I to present myself as
a defendant, or as a member of the bar?
The Chief Justice: Take down that I desired Mr Pollard to stand, while I ad- dress him and that (as we understood) he refuses to listen,
Mr Pollard: No my lord, I do not. But I am called on by an officer of the Court. Is it as a criminal or as a member
of the bar? As a member of the bar I shall have a right of speech, as a defendant,
Doue. I want to know which I am to appear as.
The Chief Justice: We must have this down, Mr Masson. Take it down,
Mr Pollard remained standing while what he had said was being written by the regis trar, who read it as follows-Being nd- iressed by an officer of the Court, and not by the bench, and called on to stand, and not having been addressed by the bench, I wish to know whether-in what capacity 1 am called on, whether as a defendant, or as a member of the bar. I wish to add that I put this question not with a view of showing disrespect to the Court, but be- cause, although it may be mistakenly on my part, it materially affects my rights and position.
The Chief Justice: Have you got that? Mr Masson: Yes, my lord
The Chief Justice (to whom the docu- ment was handed)--Now, then, the answer is that the contempt of court is greater, when the offender is a barrister, and otticor of this court.
426
X
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