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O'CONNELL v. UNITED STATES

No. 185.

40 F.2d 201 (1930)

O'CONNELL v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

April 7, 1930.

Attorney(s) appearing for the Case

James I. Cuff, of Brooklyn, N. Y., Joseph L. Delaney, of Albany, N. Y., and David V. Cahill, of New York City (Joseph A. Murphy, of Albany, N. Y., of counsel), for appellant.

Charles H. Tuttle, U. S. Atty., of New York City (Thomas T. Cooke, Asst. U. S. Atty., of New York City, of counsel), for the United States.

Before MANTON, L. HAND, and SWAN, Circuit Judges.

SWAN, Circuit Judge (after stating the facts as above).

The power summarily to punish for contempt extends to misbehavior in the presence of the court "or so near thereto as to obstruct the administration of justice." Rev. St. § 725, 28 USCA § 385; Ex parte Savin, Petitioner, 131 U.S. 267, 9 S.Ct. 699, 33 L. Ed. 150. Whether witnesses before the grand jury are to be deemed within the court's presence, as seems probable from...

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