I have no desire to conceal the fact that the difficulty you have imposed on me has very deeply pained me ever since Thursday last, and that it will continue greatly to pain me probably more than it will pain you; not because I am anxious as to my own personal position, other than as it is important to sustain the judicial status in this Colony, but because I respect your legal learning and because our own forensic contests have left on my mind pleasant reminiscences and kindly feelings towards you which even present circumstances cannot change, and because you have many qualities which deservedly make you popular. If in duty to my office I could have overlooked your conduct I would have done so, but to mark my sense of your conduct is, in the words of Mr Justice Holroyd, "a duty which I owe to the station to which I belong." You say you have never insulted the Court. Whether you are justified in distinguishing the Court and its successive occupants in that language, I leave for you to consider at leisure. You have insulted me, and in insulting me you have insulted the Court, I may add that the more humble is the occupant of the Bench for the time, the less learned and competent he may be for his office, the more important is it to surround him with those forms of respect which have been devised to support authority against those who would usurp, subvert, or destroy it. I now proceed to pronounce my decision as, ex necessitate rei, the only Judge of fact and law. I pronounce you guilty of grave contempts; and as from equal necessity this is the only tribunal that can award the punishment, I now fine you in the sum of $200, and further I suspend you from practising before this Court as a Barrister and advocate for a period of fourteen days, or until the fine shall be sooner paid.
Mr Pollard: Will you hear me now, my lord?
The Chief Justice: No.
Mr Pollard: Will you take a note that you will not hear me?
The Chief Justice (not answering): I have purposely fixed the fine and penalty at the lowest point possible compatible with its being an expression of my opinion of your conduct. Some persons may think that you have only shown the just independence of the Bar in your habitual demeanour and language towards the Bench. I however think I have seen in it impediments to a Judge in the due administration of justice, sometimes indeed, as I am inclined to think, to the undue advantage of clients. The penalty I impose is indeed small, but the effect of the decision is more serious. I trust you will bring this matter before the highest tribunal, the Privy Council. This is sometimes done. As late as in November last, the Lords of the Judicial Committee gave leave ex parte to appeal to the Privy Council to the publisher of a Journal in British Guiana against a sentence of imprisonment for six months for a contempt of Court in having published articles reflecting on the administration of Justice and on one of the Judges of the Supreme Court there. I refer to this precedent in the hope that you, a Queen's Counsel here, will ask leave and will be allowed to appeal in order that such questions as you may think it may be raised, and so that the judgment I now pronounce most reluctantly may be reviewed.
Mr Pollard: Will you hear me now?
The Chief Justice: No, certainly not. To any motion for leave to appeal that you may make before the Privy Council, my consent to your obtaining leave to appeal shall be given. If you would prefer another course, some measure may be devised by which the opinion and decision of the Benchers of the Inn of Court of which you are a member may be taken.
Mr Pollard: Will you take a note that you decline to hear me?
No answer.
Mr White: Will you hear me, your lordship, for a few words?
Page 11
The Chief Justice: No.
Mr Pollard (sotto voce): Not on a matter affecting the privileges of the bar! (Aloud) Will you hear me, my lord?
The Chief Justice: No, I cannot hear you. Now having delivered my judgment, I decline to. You have before you the usual remedies and you may adopt any remedy you like.
Mr Pollard: I ask leave to address the court, not with a view to replying--
The Chief Justice: I decline to hear you.
Mr Pollard: Then I say without leave--
The Chief Justice: Here! Mr Masson! Put that down. I decline to hear him, and he says then "I say without leave," Put that down.
Mr Masson made the desired record.
The Chief Justice: Now, Mr Pollard, I request you to sit down.
Mr Pollard gathered up his books.
The Chief Justice: Adjourn the Court.
The registrar made some suggestion to the Chief Justice, who reiterated: Adjourn the Court.
And the Court was adjourned accordingly.
Page 429
No 6 Report of some occurrence on Court on the 227) July 1867 (From the Daily Press of the 3rd July 1867)
SUPREME COURT, JULY 2nd.
The court-room was crowded yesterday morning with one of the largest European audiences that has perhaps ever assembled within its walls, to hear the decision of the Chief Justice in the affair that transpired on Thursday last between himself and Mr. Pollard. As early as ten o'clock a large number had assembled, supposing that to be the appointed time, but it was eleven before the Chief Justice took his seat. The bar was represented by Messrs. Pollard and Whyte, barristers, and Messrs. Caldwell, Hazeland, The Sharp, Gaskell, and Toller, solicitors.
Chief-Justice asked Mr. Masson to request Mr. Pollard to rise, as the court was about to address him.
Mr. Pollard, on rising, said that he wished most respectfully to take an objection to the power or jurisdiction of this court to deal with him in any way, for anything he had done previous to that day. He did this to save technical rights not so much in his own interests as to support the rights and interests of the bar of which he was a member.
Chief Justice.-I do not want your reasons, your objection will be enough, you asked on Saturday to address the court, and I gave you an opportunity, and you then said you had nothing further to say.
Mr. Pollard-I wish my objection to be taken note of.
Chief Justice-Mr. Masson, take down the very words.
Mr. Pollard: I now appear under protest, and although I do not deny the power of the court to punish any body for contempt of court, I deny and protest against the right of this court to proceed at this time and in this manner against me for any alleged contempt or misdeed said to have been committed by me at any time previous to this day.
Chief-Justice-I have already considered this respectful protest, and have answered it in what I shall have to say in the course of this decision. Mr. Masson, call upon Mr. Pollard to stand while he is addressed by the court.
Mr. Pollard.--I would like to inquire of the officer of the court whether I am to look upon myself as a defendant or a member of the bar.
Chief-Justice.-Mr. Masson, take that down.
Mr. Pollard: I am called upon by the officer of the court; and not by the court. As a member of the bar, I have one right of speech, as a defendant, another
Chief Justice.--I said, I call upon you.
Mr. Pollard: I was called upon by the Registrar, not by the court.
Chief Justice.-Mr. Masson, will you take down what Mr. Pollard says.
Page 12
Page 13
A
1
I have no desire to conceal the fact that the difficulty you have imposed on me has very deeply pained me ever since Thursday last, and that it will continue greatly to pain me probably more than it will pain you; not because I an anxious as to my own personal position, other than as it is important to sustain the judicial status in this Colony, but because I respect your legal learning and because our own forensic contests have left on my mind pleasant reminiscences and kindly feelings towards you which even present circumstances can- not change, and because you have many qualities which deservedly make you popu- lar. If in duty to my office I could have overlooked your conduct I would have done so, but to mark my sense of your conduct is, in the words of Mr Justice Holroyd, "a duty which I owe to the station to which I belong." You say you have never insulted the Court. Whether you are justified in distinguishing the Court and its successive occupants in that language, I leave for you to consider at leisure. You have insulted me, and in in- sulting me you have insulted the Court, 1 may add that the more humble is the oconpant of the Bench for the time, the lesa learned and competent he may be for his office, the more important is it to surround him with those forms of respect which have been devised to support autho- rity against those who would usurp, subvert, or destroy it. I now proceed to pronounce my decision as, ex necessitate rei, the ouly Judge of fact and law. I pronounce you guil- ty of grave contempts; and as from equal necessity this is the only tribunal that cau award the punishment, I now fine you in the sum of $200, and further I suspend you from practising before this Court as a Bar
rister and advocate for a period of fourteen days, or until the fine shall be sooner paid. Mr Pollard: Will you hear me now, my lord?
The Chief Justice:
No.
Mr Pollard Will you take a note that you will not hear me?
The Chief Justice (not answering): I have purposely fixed the fine and penalty at the lowest point possible compatible with its being an expression of my opinion of your conduct. Some persons may think that you have only shewn the just inde- pendence of the Bar in your habitual de- meanour and language towards the Bench. I however think I have seen in it impedi- ments to a Judge in the due administra- tion of justice, sometimes indeed, as I amı inclined to think, to the undue advantage of clients. The penalty I impose is in- deed small, but the effect of the decision is more serious. I trust you will bring this matter before the highest tribunal, the Privy Council. This is sometimes done. As late as in November last, the Lords of the Judicial Committee gave leave ex parte to appeal to the Privy Council to the publisher of a Journal in British Guiana against a sentence of imprisonment for six months for a contempt of Court in having published articles reflecting on the administration of Justice and on one of the Judges of the Supreme Court there. refer to this precedent in the hope that you, a Queen's Counsel hare, will ask leave and will be allowed to appeal in order that such questions as you may think it may be raised, and so that the judgment. I now pronounce most reluctantly may be re- viewed.
I
Mr Pollard: Will you hear me now? The Chief Justice: No, certainly not. To any motion for leave to appeal that you may make before the Privy Coun cil, my consent to your obtaining leave to appeal shall be given. If you would prefer another course, some measure may he de- vised by which the opinion and decision of the Benchers of the Inu of Court of which you are a member may be taken.
Mr Pollard Will you take a note that you decline to hear me?
No answer.
Mr White Will you hear me, your lord- ship, for a few words i
སཱ་
11
The Chief Justice: No.
Mr Pollard (sotto voce): Not on a matter affecting the privileges of the bar! (Aloud) Will you hear me, my lord ?
The Chief Justice: No, I cannot hear you. Now having delivered my judgment, I decline to. You bave before you the usual remedies and you may adopt any remedy you like.
Mr Pollard: I ask leave to address the court, not with a view to replying--
The Chief Justice: I decline to hear you. Mr Pollard Then I say without leave- The Chief Justice: Here! Mr Masson! Put that down. I decline to hear him, and he says then "I say without leave," Put
that down.
Mr Masson made the desired record, The Chief Justice: Now, Mr Pollard, I request you to sit down.
Mr Pollard gathered up his books.
The Chief Justice: Adjourn the Court. The registrar made some suggestion to the Chief Justice, who reiterated: Adjourn the Court.
And the Court was adjourned accordingly.
429
No 6 Report of some occurrence on Court
on the 227) July 1867 (From the Daily Press of the 3rd July 1867)
SUPREME COURT, JULY 2nd.
The court-room was crowded yesterday morn- ing with one of the largest European audiences that has perhaps ever assembled within its walls, to hear the decision of the Chief Justice in the affair that transpired on Thursday last between bimself and Mr. Pollard. As early as ten o'clock a large number had assembled, supposing that to be the appointed time, but it was eleven be fore the Chief Justice took his seat. The bar was represented by Messrs. Pollard and Whyte, barristers, and Messrs. Caldwell, Hazeland, The Sharp. Gaskell, and Toller, soliciters. Chief-Justice asked Mr. Masson to request Mr. Pollard to rise, as the court was about to address him.
Mr. Pollard, on rising, said that he wished most respectfully to take an objection to the power or jurisdiction of this court to deal with him in any way, for anything he had done pre- vious to that day. He did this to save technical rights not so much in his own interests as to support the rights and interests of the bar of which he was a member.
Chief Justice.-I do not want your reasons, your objection will be enough, you asked on Saturday to address the court, and I gave you an opportunity, and you then said you had nothing further to say.
Mr. Pollard-I wish my objection to be taken note of.
Chief Justice-Mr. Masson, take down the very words.
Mr. Pollard. I now appear under protest, and although I do not deny the power of the court to punish any body for contempt of court,
I deny and protest against the right of this court to proceed at this time and in this man- ner against me for any alleged contempt or mis- deed said to have been committed by me at any time previous to this day.
Chief-Justice-I have already considered this respectful protest,and have answered it in what I shall have to say in the course of this decision. Mr. Masson, call upon Mr. Pollard to stand while he is addressed by the court.
Mr. Pollard.--I would like to inquire of the officer of the court whether I am to look upou myself as a defendant or a member of the bar. Chicf-Justice.-Mr. Masson, take that down. Mr. Pollard. I au called upon by the officer of the court; and not by the court. As a member of the bar, I have one right of speech, as a de- fendant, another
Chief Justice.--I said, I call upon you.
Mr. Pollard. I was called upon by the Re- gistrar, not by the court.
Chief Justice.-Mr. Masson, will you take down what Mr. Pollard says.
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