Judge, dissenting. I am in complete agreement with what the majority say in their opinions about the right and duty of a court to maintain order and decorum, and to take such measures as may be necessary to preserve these. I agree that what happened in this case, would under any normal or ordinary circumstance, come within the ambit of White v. State of Ga., 71 Ga. App. 512 (31 SE2d 78). But the circumstances here were not usual, normal or ordinary, and for that reason I must disagree as to the result.
“The cold typewritten transcript is neither a phonograph nor a photograph, nor can it present the atmosphere of a trial.’' Werk v. Big Bunker Hill Mining Corp., 193 Ga. 217, 234 (17 SE2d 825). Thus, we can not know the exact posture of the matter as it appeared from behind or before the bench. Counsel for the defendant in error cite, as illustrative of the situation, the numerous intemperate, even abusive, references made in the brief of plaintiff in error relative to the judge. These I discount, for in the very nature of things one who represents himself finds it difficult, if not impossible, to- be objective in a matter so personal as this.1
It is clear, however, that Mr. White was a sick man—almost physically exhausted. When the case to be tried was called for announcement he, in good faith, stated the facts relative to his illness and urged a continuance. It was not granted and he engaged in arguing the demurrers during the first day. On the *628second day he again stated his condition and urged a continuance. It was not granted and he proceeded in the trial. His condition grew worse. He was emotionally disturbed. On the morning of the third day he again asked for a continuance because of his illness, stating to the court that “I had a pretty bad night. I can’t continue—Excuse me, judge. I had weak spells all night, I couldn’t stop crying. I don’t know what is the matter with me. I am so weak I can hardly stand up.” He had previously stated that he was under the care of a physician and offered to obtain from the doctor a certificate as to. his condition, and Judge Alverson had previously remarked from the bench that “Mr. White has been sick, Mr. Brooks. There is no doubt about that. I can tell that he has been sick. It is obvious that he has been sick.” However, Mr. White was requested by the court, and he consented, to undergo a physical examination by doctors of the court’s choice. They reported to the court that he was indeed sick and unable to proceed with the trial of a case.
If the motion for continuance had been granted in the beginning, as I think it should have been, the untoward events that followed and which are now here for review would, in all likelihood, never have happened. Statements were made to the court by counsel that were unkind, sharp, disparaging, perhaps even castigating. By all normal standards they were contumacious, and we deplore them. But normal standards can not be applied when the man himself is not normal.
If Mr. White had taken advantage of the opportunity that was tendered him several times to apologize for his affronts, the matter would have ended and would not now be here. It is observed, however, that he was not adjudged in contempt for his failure to apologize and that is not an issue. Indeed there is grave doubt that such could form any basis for a citation or that any sanction could have been applied therefor. See State v. Pendergast, 39 Wash. 132 (81 P 324).
The issue is, then, whether the circumstances were such that a citation should have been issued and a sanction applied. I think not. The action of the court should have been suited to the very circumstances themselves, including Mr. White’s illness.
The view here expressed is limited to the facts of this case. *629It is not to be construed as having any application to a situation in which the attorney, because of a self-induced condition from drink or drugs, or because of excitement induced by the heat of the trial, commits some act or makes some statement or remark that in its nature shows a disrespect to or contempt of the court. The attorney’s physical or mental condition in such circumstances as those would constitute no defense to a charge of contempt.
All must learn that sharp words never help a situation. “At last it biteth like a serpent and stingeth like an adder.” Much better is the “soft answer [that] turneth away wrath.”
The right of one to appear pro se is generally recognized. 5 Am. Jur. 267, Attorneys at Law, § 10; Osborn v. Bank of the U. S., 9 Wheat. (22 US) 738, (6 LE 204); People v. Northcott, 209 Cal. 639 (289 P 634, 70 ALR 806). But the wisdom of so doing has been questioned—even to the extent of quoting the maxim that “He who acts as his own lawyer has a fool for a client.” Shinn v. State, 31 Okla. Cr. 366 (239 P 269).