Freund, Donges and Proctor.
Dominick F. Pachella, an attorney and counselor-at-law of this State, appeals from an order of the Bergen County Court adjudging him guilty of contempt committed in the course of the trial of a civil action and consisting allegedly of interruptions of the court, for which he declined to apologize. A fine of $36 was imposed which the appellant paid as hereinafter related.
Pachella was the attorney for the plaintiffs in a negligence suit which came on for trial before the court and a jury on November 27 and 28, 1950. There were two defendants represented by separate counsel. The colloquy which precipitated
the ruling of contempt arose on the second morning, when the plaintiffs' case had been completed except for the testimony of a medical witness, and is as follows:
"Mr. Pachella * * * I have one more witness, Dr. Mores, who was here all day yesterday. He is not in the room at the moment, and I respectfully ask your Honor for a ten minute recess, so I can locate him.
The Court: I would rather not take that. I will give you an opportunity to locate him if he is about the courthouse. Has he been subpoenaed?
Mr. Pachella: He has not been subpoenaed technically. He is the treating physician.
The Court: Are you through with your case on the question of liability?
The Court: I don't see any reason why we could not proceed with the defense, and take the doctor's testimony later on. Do you have any objection?
Mr. Breslin: I have no objection.
Mr. Barrett: I have no objection.
Mr. Pachella: Your Honor, without objection, under the rules --
The Court: There is no objection. Let us proceed with the defense. Do you object to it?
Mr. Pachella: I simply want to say to the Court --
The Court: There is nothing to say unless you ask the Court -- apparently you are ignorant of the rules of practice --
Mr. Pachella: Your remark is uncalled for, and I move for a mistrial.
The Court: You are in contempt, and I grant ...