case was transferred to the Superior Court, Knox County, and a jury trial of both parties began on September 10, 1984. On the third day of the trial, September 12, the presiding justice found Friel in contempt of court, sentenced him to three days in the county jail, and had him removed from the courtroom. On September 13, the presiding justice issued an order pursuant to M.R.Crim.P. 42(a) reciting, inter alia, the following facts.
On September 7, Friel was present at a pre-trial hearing. Friel repeatedly placed his fingers in his ears when the justice spoke to him, referred to the justice as a "crooked judge," and placed his false teeth on the end of his tongue and stuck both teeth and tongue out at the bench.
On September 10,before the commencement of jury selection, the justice warned Friel that he would not permit his disrespectful behavior to interfere with the trial. Friel responded with laughter. Once again, Friel placed his fingers in his ears when the court addressed him. When the court denied one of Friel's motions, Friel made a loud grumbling sound. A short while later, he repeated this sound. In the middle of the proceedings, Friel abruptly rose and handed a note to a newspaper reporter. At the end of the day, at the request of Friel's attorney, Friel was permitted to address the court. Friel began speaking in a loud and agitated manner. When the justice was speaking, Friel loudly responded with "I will leave, I do not like your pukey face," "keep