67 Iowa 102 | Iowa | 1885
A canse was being tried in tlie circuit court, in wbicli plaintiff was acting as one of tlie attorneys for one of tké parties. During tlie progress of the trial'the plaintiff asked a witness a question, to which objection was made by the attorneys for the plaintiff that the question had been already answered, and thereupon the court, after hearing the prior questions and answers read by the short-liand reporter engaged in taking the evidence, announced his decision sustaining the objection, and stating that the question had been already answered. Immediately upon this ruling the said J. <J. Russell sprang to liis feet, and, turning to the court, said, in loud tones and insulting manner: “She lias not answered tlie question.” "Whereupon tlie court then and there fined the said Russell the sum of $50 on account of contempt of court thus committed in tlie presence of the court, and known to the court of its own knowledge, and judgment was accordingly entered.
The plaintiff insists that the foregoing record made by the court at the time, as provided in section 3497 of the Code, is not full and complete, and does not state the facts correctly, and he lias caused to be filed certain affidavits, statements and depositions which, he insists, support'the claim made. Counsel for the defendant insist that these papers cannot be considered, and should be stricken from the record. We do not deem it necessary to determine this question, but will hereafter refer to the affidavits and depositions so far as deemed necessary.
Whether the plaintiff’s manner was insulting we are unable to say; but that we must assume it to have been so we have no doubt. The plaintiff, as we understand, claims that he in point of fact was right and the court wrong; the contention of the plaintiff being that the question, asked the witness had been evasively and not directly answered; and he seeks to so show by the affidavits filed by him. We think it is immaterial how this may be. Conceding that he is correct in this respect, still we do not think he was justified in addressing the court as he did. We have examined the affidavits and depositions on file, and are unable to see that the record made by the court has been shown, conceding the compe
This statute contemplates that contempts may be committed when the offender is in the presence of the court, and when he is not. But, however committed, he has the right to make a written explanation of his conduct under oath, for the purpose of excusing 'the contempt or reducing the punishment; and a reasonable opportunity mustrbe given for this purpose before punishment is inflicted. After a person has been adjudged guilty of contempt, and punishment inflicted,, he has no right to excuse or explain his conduct except with the consent of the court, and possibly at its invitation. That such is the common law rule we think must be conceded. The statute has changed this rule, and under it the offender, when accused of contemptuous conduct, has the absolute right to make an explanation, provided he does so in respectful language. Now, as we understand the record, no such opportunity was given. The court adjudged the defendant guilty and inflicted punishment, so to speak, in the same breath. There was no time when he could have exercised the right given him by statute. The right is not a barren one, but is of a substantial character, and a person cannot be deprived of it by an expeditious mode of inflicting'punishment. We cannot but think that, when a court deems that a contempt
Bevebsed.