In the Matter of Wm. Bryan Osborne, Contemnor

This proceeding grew out of the trial of one Memphry M. Carter, Jr., No. 33404-CD in the Southern District of California on charges of forging government checks. The visiting judge presiding was the Honorable John F. Kilkenny, sitting by regular assignment from the District of Oregon. Appellant represented Carter as counsel. His client was acquitted on one count, and convicted on two. The trial lasted one and one-half days.

After sentence, the court conducted a summary contempt proceeding, under Rule 42(a) (18 U.S.C.). Appellant was found guilty, was fined $200.00 and sentenced to ten days confinement. The judgment of contempt appears in the margin.

Jurisdiction of this appeal rests on §§ 1291 and 1294 of Title 28, U.S.C.

The judgment of contempt clearly discloses facts showing the appellant herein acted in a contemptuous manner toward the court in its presence, and the presence of the jury, i. e., “in open court.” The appellant’s language is quoted in the judgment, and no attack is here made on the authenticity of the quotations.

When the court attempted to require the trial to continue in taking of evidence after twelve noon, appellant objected. Shortly after the beginning…