O'CONNELL v. United States

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 aeems probable from Savin, Petitioner, or within the “so near” clause, we need not decide. In either event their recalcitrancy may be dealt with summarily. It is true that what occurs within…