Carlisle Patriot, 19 Nov 1825 - Court of Condelegates - BRISCO v. BRISCO
petra.mi...@doctors.org.uk
Saturday 19 Nov 1825 (p. 3, col. 4)
COURT OF CONDELEGATES, NOV. 15.
BRISCO v. BRISCO.
A scene of the most unusual description took place to-day in this Court, which was heretofore, like all the spiritual and maritime courts, remarkable for the gravity and decorum of its judicial proceedings.
In the above cause, there stood on the books an assignation upon Sir Wastel BRISCO, Bart. to show cause, in effect, why he should not be pronounced in contempt for disobeying the monition issued against him for paying of costs; though, from the ridiculous confusion of to-day's proceedings, and particularly from the squabblings among the Condelegates themselves, we can scarcely pretend to have correctly gathered from the Registrar's statement the exact form of such assignation. No sooner was the cause called, than
Dr. LEE, himself one of the Condelegates, made a speech, in which (as he has successively done already in the Consistory, the Arches, and this Court,) he required Mr. Registrar to provide him with all the bills of costs in these proceedings.
The Registrar observed, that he could not effect the production of any more bills of costs than were already in the Registry.
The Proctor for Lady BRISCO (and we may here mention that the practitioners both for Lady and Sir Wastel BRISCO, though it might seem invidious to mention in this place their names, are unquestionably among the most respectable and distinguished in the profession) prayed the Court to pronounce the other party in contempt.
Dr. LEE thought it would be better to have the bills.
Dr. PHILLIMORE, Counsel for Sir W. BRISCO, now prayed that his client might be permitted to be heard in petition by his Counsel, against the prayer of Lady BRISCO's Proctor.
Dr. JENNER, Counsel for the Lady, contended that that would be a most unheard-of concession, when a cause had travelled to such a stage as this, where their Lordships were moved to signify Sir Wastel BRISCO to be in contempt. It was for Sir Wastel BRISCO either to comply with the Court's monition, or to take the consequences of disobeying it.
Here several of their Lordships spoke together. Dr. DAUBENY, (one of them,) and Dr. Jesse ADDAMS (another,) made some inquiry, as well as we could distinguish, about the date at which the monition was extracted? Dr. LEE seemed to think that fact of little consequence; he was for the production of the bills. Dr. DAUBENY said "that was nonsense." At length the inquiry was repeated relative to the date of the extraction of the monition.
Sir Wastel BRISCO answered the question by observing that it was sneaked out behind his back during the long vacation, and then, becoming extremely irritated, he personally attacked the character of the very eminent Proctor, (Mr. JENNER) who appears for his lady, calling him a scoundrel and observing that he had procured the monition by skulking.
The Court was thrown by this unwarrantable language into the utmost astonishment. The gentleman alluded to immediately quitted the table, and attempted to address their Lordships; but from the indignation that seemed to have been excited, he was for the moment unable to make himself heard.
The Proctor for Sir W. BRISCO, in the handsomest manner, openly disclaimed all sort of sanction to such imputations.
Dr. JENNER, with some warmth and emotion, loudly demanded whether the Court had heard the scandalous language which had been uttered by an individual in its presence?
In answer to this one of their Lordships said, they had not heard it, because they had retired, and were at that moment busy consulting together.
Dr. JENNER.—Then if the Court did not hear, it is quite fitting that it should do so now. It is bound to repress so scandalous an insult.
Dr. PICKARD next addressed the Court, in a short but spirited speech. If their Lordships had not indeed heard what he now complained of, he would tell them what it was. Sir Wastel BRISCO had presumed, in alluding to the proceedings which had taken place in a particular cause, to apply, among others, the epithet of "scoundrel" to the Proctor for the other party, a gentleman of the highest respectability in that profession, and admitted and known to be so by every man who now heard him.—Did their Lordships mean to tolerate such an outrage? There was not a single common law Judge in the land who would not, without hesitation, have committed any man who should in open Court have the temerity thus to insult one of the most eminent and respectable of its officers. This Court was bound to pronounce Sir W. BRISCO to have committed a contempt of Court by his misconduct.
Some of the Condelegates appeared to be disposed to proceed with the cause, because the language complained of had not been made use of "in their presence."
Dr. LEE again thought the bills of costs ought to be given in.
At length the senior Condelegate having succeeded in persuading his colleagues to listen to him, declared that if such language as had been quoted had been employed by Sir W. BRISCO, that gentleman must instantly retract it, and apologise for it. It could not be endured in any Court of Justice.
Sir W. BRISCO, after being entreated by Dr. PHILLIMORE and others to apologize, said, "If the Court heard what I said, I apologize for having said it—in Court."
Drs. JENNER, PICKARD, &c., contended, that their Lordships could never accept such an apology.
The Court, by its senior, declared that the apology of Sir W. BRISCO must be ample and unconditional.
Sir W. BRISCO.—I certainly am sorry, then, that I have uttered any such expressions in Court.
The Proctor for Lady BRISCO begged their Lordships to allow him to say a few words. The gross aspersions which had been cast upon him by Sir W. BRISCO were of a nature that no man could be expected to endure. They had been openly made in Court; and in terms too broad and direct to admit of any doubt or misconception. He must insist, therefore, that the apology to be offered to him by Sir Wastel BRISCO should be as public and explicit a retraction as the aspersions were false and unwarrantable.
Dr. PHILLIMORE expressed a hope that the apology of Sir Wastel BRISCO would be satisfactory to his Learned Friends and to the Proctor.
The latter replied, it certainly was not; nor could he, although the Court had shown itself inclined to accept it, receive it as such.
Dr. LUSHINGTON next addressed their Lordships. He was of Counsel for Sir W. BRISCO, and had heard the language made use of by him. There could be no doubt but that it was gross, indecent, and unwarrantable in the highest degree. And because it was essential to the ends of justice that the proceedings of every Court should be conducted with decency and decorum; seeing that without that decorum there could be neither respect for the laws nor for those who were to administer them; and that the proceedings of that very Court must, were such scandals as these to be permitted, degenerate into the abusive clamours of a bear-garden, he felt himself called upon to declare, that if Sir Wastel BRISCO refused to make on the spot an explicit apology for the insult he had offered to a gentleman of that profession, (whose high character, however, could not be prejudiced by such unfounded aspersions), he would throw up the brief he held in this cause.
Sir W. BRISCO said he was sorry for having used any offensive expressions while the Court was sitting.
Dr. LUSHINGTON, we understand, then resigned his brief.
The Court pronounced Sir Wastel to be in contempt.
Dr. LEE prayed the Court to pronounce the Proctor who had presumed to term a party who was at once a plaintiff and a defendant in this Court a "scoundrel," to be also in contempt of the Court.
Sir W. BRISCO added, that he claimed this of the Court; and if it were not done, he begged leave to retract his retraction.—(A laugh.)
The Court made no order on the subject.
Dr. LEE was again proceeding to call for the bills of costs, when the Registrar called the next cause, and soon afterwards the Court broke up.—M. paper.