Page:Federal Reporter, 1st Series, Volume 10.djvu/643

 IN BB CARY. 631 �present, or any assault made in view of the court, is a contempt punissable summarily ;(w) as for violence or tlireats to a judge, justice, offleer of a court, jurer, witness, or party litigant in respect of any act or proceeding in court ;(o) or any insulting or abusive language offered to a judge;(p) or unpro- fessional or disrespectf ul language used by an attorney bef ore tiie court ;(3) or calling another a liar in presence of the court and within hearing of the officers.{?') So of contempts in the constructive presence of the court; as, after the judges had vacated the bench for a recess, defendant approached the chief justice, and, using abusive and vituperative language, he raade a violent assault on the judge.(s) Proposing to a juror to signal from the v^indow of a jury-room how the jury stood with regard to the verdict, is a contempt ;(<) or to strike a defendant in the lobby of the court after the trial ;(w) or for an acquitted prisoner to threaten vengeance againat witnesses within the pre- cincts of the court ;(^) or for arresting a party or witness while attending «ourt, or for serving process on him in the presence, actual or constructive, of the court ;(zo) or for mustering a body of militia so near a court as to disturb its deliberations.(a5) �Misconduct of inferior judges and magisti-ates, such as usurping juriadio- tion, disobeying writs, disregarding adjudications of superior courts, and refusing to proceed on causes, are contempts of court.(y) So disobedience to a peremptory mandamm, issued to an inferior offleer or court, is a con- tempt ;{0) but it is not a contempt of court for an officer to resign, to avoid obedience to a writ of mandamm, where he bas an unrestricted riglit to re- sign.(a) �The disobedience or misconduct of the ofiicers of the court are deemed to be done in the constructive presence of the court ; so it is a contempt of court for an inferior ofticer to disobey the orders of the court. (6) It is a contempt of court for an offleer of the court to misbehave ; as for a sheriff to be guilty of mal- practice, (c) by not making retui-n of a writ,(d) or by pocketing a venire;(e) or to refuse and be culpably negligent in eollecting a debt in gold anid silver coin,(/) or to make a levy after appointment of a receiver,(g';[ or to carelessly allow an eseape;(fe) or for a clerk of the court to fraudulently withhold �(n) State v. Tipton, 1 Blackf. 166; Brown v. (i) State v. Coulter, Wright, 421 ; State v.Goff, �Brown,4 Iud.627; Kernodle t. Kasson, SB Ind. ld.78. �362; Ex parte Smith, 28 Ind. 47; Hedman T. (y) People T. Judges, 2 Caines, 97; Swift T. �State. Id. 205 j Whitten v. State, 36 Ind. 196; Yates State, 63 Ind. 81. �T. Lansing, a Johns. 395; Desty, Cr. Law, 5 73», («) Ex parte Carnochan, T. U. P. Cliarl. 315. �note 2. See State T. Hunt, Coxe, 287; Patchln v. Mayor �(o) Com V. Feely, 2 Va. Cas. 1; Littler v. of Brooklyn, 13 Wend. 664; State v. Smith, 7 lowa, �Thompson, 2 Beav. 129. 334; U.S. v. Lee Co. 9 Int. Rev. Rec. 25. �(p) Redman v. State, 28 Ind. 205 ; Androscog- (a) Watts v. Landerdale Co. 14 Cent. Lnw J. �gin & K. R. Co. V. Androscoggin Bk. Co, 49 Me. 210. �400; Charlton'sCase, 2Mylne&C.316. (J) Swift v. State, 63 Ind. 91; TheLaurens, Abb. �(?) Redm:in v. Stiite, 28 Ind. 205; Brown v. Artm.SOS. �Brown, 4 Ind. 62r ; Withers v. State, 36 A la. 262. (c) Ex parte Sammers, 6 Ired. 149 ; State t. WIII- �(r) U. S. V. Emerson, 4 Cranch, C. C. 188. iams, 2 Speers, 26, �(O State V. Garland, 25La.Ann.532. (d) Brockway v. Wilber, 6 Johni. 356} U.S. 7. �(t1 State V. Doty, 32 N. J. L. 403. Bollman, 1 Cranch, C. C. 373. �(«) Rex V. W gley, 32 Eng. C. L. 415 (e) Keppele v. Williams, 1 Dali. 29. �) Ui,S. V. Carter, 3 Cranch, C. C.423. .(/) Eice v. McCUntock, Dadley, 354. �(«i)Davisv. Sheeran,lCranch, C.C.287;U.S.T. (g-) Com, v, Yonng, SSLeg, Int, 163. �Schofleld, ld,,130; BUght v. Fisher, P<"t. C. C. 41 s (A) Cralg V. Malthie, l G», 644. Bridges i. SheJdon, 7 Fed. Rep. 19. ��� �