Page:Federal Reporter, 1st Series, Volume 10.djvu/644

 632 FEDEAAL REPORTER. �fuoneys belonging to an estate ;(«) or for gross negligence on the part of a pro- tnor ^tary of the couxt,{J) as for refusing to furnish copies of papers wanted on th trial ;{k) or for embezzlement of f unds by a recei ver -,{1) and so where a cor- poratl -n is made a depository of the f unds of the coiirt.(?ft) Jurors recei ving a oribe td influence their verdict are guilty of a conteinpt ;(n) or for conferring with » party to the suit during trial ;(t>) or voluntarily expressing an opinion as to the guilt of the prisoner, for the purpose of being excused for disqualiflca- Dion;(^) or for leaving the court-room witliout consent ;(5') or after retiring to hold a conversation with others than offlcers of the eourt.(r) �Attorneys are offlcers of the court, and ean only be deprived of their offices by judgment of the court, after opportunity to be heard has been afforded ;(s) out solicitors, by gross fraud and corruption, doing injustice to clients, or for other dishonest practlces, may be guilty of conteinpt ;(t} as for bringing an action in the name of another without bis authorization or consent,(M) or /'or appearing and confessing judgment without authority.(») So an attorney is liable for unprofessional and disrespectful language before the court ;(io) or for flling an indecent petition ;(a;) or for instituting a flctitious suit ;(2/) or for making use of a false instrument to prevent the course of justice ;{0) or for suing out an attachment for a witness who has not been served with pro- cess.(ffl) But an attorney refusing to defend a poor person, on appointment by the court, without a fee, is not a contempt ;(6) nor is it aeontempt toadvise a client to eseape if he cannot procure a continuance;(c) nor is reading an aflS- davit for a change of venue, on the ground of prejudice of the judge, a con- tempt.(ci) �Others than offlcers of the court may be guilty of contempt; for all acts cal- culated to impede, embarrass, or obstruct courts of justice may be cousidered done in presence of the court ;(e) as the refusai of a witness to be sworn from conscientious scruples ;(/) or refusai to answer a proper question before a grand jury;(j7) but not if in the assertion of a constitutional right.(7t) So a witness persisting in remaining in a court-room from which he has been excluded is a contempt ;(m) hjit it is not a contempt for a witness to leave the court when permitted by the party sumraoning \dm.{jj) Any act which tends to impede �(0 State T. Tipton, 1 Elackf. 166; Connor v. (je) Biown v. Brown, 4 Inci. «27; Redman v. �Archer, 1 Speers, 89. Stnte, SBInd. 205; Withers v. State, 36 Ala. -^62. �(y) Com. V. Snowden, 1 Brewst.218. (i) Brown v. Brown. 4 Ind. 627. �(*;) Delaney v. Regnlators, 1 Yeates, 403. (t/) Lord v. Veazie, SHow. 254; Smith v. Junc- �(0 Cartwrlght's Case, 114 Mass. 230. See Plt. tlon K. Co. 29 Iiid. 646; Smith V. Brown, 3 Tex. �man's Case, 1 Cnrt. 186. 360. �(m) In re Western, etc., Ins. Co. 38 111. 289. (2) Uex v. Mawbey, 6 Term Rep. 619. �(«) Harrison v. Rowan, 4 Wnsh. C. C. 32. (a) Butler v. People, 2 Col. i95. �(0) In re May, 1 Fed. Rep, 737. (6) Blythe v. State, 4 Ind. 526. �(p) U. S. V. Devaughan, 3 Cranch, C. C. 84. (c) Ingle v. Stnte, 8 Blackf. 674. �(?) Ex parte Hill, 3 Cow. 363. (d) Ex parte Curtis, 3 Miu. 274. �(r) State v Helvenstou, R. M. Charl. 48. (e) People v. Wllson, 64 III. 195; Stnart v. Peo- �(«) Ex parte Garland, 4 Wall. 378 ; Ex parte pie, 4 111. 395; Thompson v. Scott, 4 Dill. 506. Heylron, 7 How. (Miss.) 127; Fletcher v. Dain- (/) Stansbury v. Marks, 2 Dali. 213; U. S. v. �gerfleld, 20 Cal. 427; Ex parte Bradley, 7 Wall. Coolidge, 2 Gall. 364; Bryan's Case, 1 Cranch, C. �304. C. 151 ; Com. t. Hoherts, 2 Pa. L. J. 310 ; Rei t. �(0 Ex parte Pater, 6 Best & S. 299. Preston, 1 Salk. 278. �(u) Scott V. John, 15 Ala. 566; Butterworth v. (.f) U. S. v. Canton, 1 Cranch, C. C. 150. �Stagg. 2 Johns. Cas. 291. (k) People v. Kelly, 24 N. Y. 74. �(») Denton T. Noyes, 6 Johns. 296. («) People v. Boscorlch, 20Cal. 436. �UJ) State V. Nixon, Wright, 763. ��� �