cooke argued march decided april clay cooke walker sentenced days imprisonment contempt district northern district texas case taken error circuit appeals fifth circuit affirmed sentence cooke reversed walker certiorari cooke sentence brought walker defendant series suits growing bankruptcy walker grain company one cases numbered long jury trial resulted verdict walker next day open engaged trial another cause minutes recess rest refreshments walker direction cooke delivered district judge chambers adjoining courtroom within feet letter marked follows worth texas february james wilson judge district fort worth dear sir wilkinson trustee walker wilkinson trustee mass bonding company et al equity wilkinson trustee walker equity southwestern telegraph telephone walker bankruptcy walker grain company matters pending district northern district texas fort worth beg personally lawyer interested cause justice fairness trial litigated matters friend judge suggest order consent honor entering matters pending honor order certifying honor disqualification ground prejudice bias try said matters however proceeded enter judgment petition review action referee summary orders farmers mechanics national bank walker walker course pass upon motion new trial matters also tried wilkinson trustee walker course pass upon motion new trial said cause like take steps necessary enforce foregoing disqualification mind lawyer honest man apparent interest friendship interest fairness suggest honorable thing honor matters note honor disqualification honor qualification questioned exchange places permit judge defendant counsel feel confidence try particular matters trial cause concluded believed honor big enough broad enough overcome personal prejudice defendant walker knew exist find fond hope mistaken also client desired privilege laying whole facts honor endeavor overcome effect slanders filed honor personally whispered honor ears proof one scintilla evidence exists record ever made honor hopes respect rudely shattered appealing purely honor dignity judge sense fairness man letter requested please indicate earliest moment honor pleasure respect ters herein presented steps may avoided great respect beg remain clay cooke truly eleven days february directed order entered recital facts concluding follows since matters fact set forth herein within personal knowledge judge since view said letter whole attack upon honor integrity wherein charges judge big enough broad enough truly pass upon matters pending therein wherein charges effect judge allowed improperly approached influenced whispered interested parties litigant since view act litigant attorney constitutes misbehavior contempt law threats impertinence insult said letter deliberately designedly offered intent intimidate improperly influence matters pending soon passed upon destroy independence impartiality matters ordered attachment immediately issue said walker clay cooke marshal produce instanter show cause punished contempt marshal arrested defendants brought following statement shows substance occurred wilson time call contempt matter clay cooke walker attachment issued respondents requested judge mccormick dallas present act friend proceeding also requested district attorney nature criminal matter act clay cooke said known attachment morning like time prepare trial get witnesses defense might extenuating circumstances appeal sense fairness justice fixing whatever penalty might imposed attempted secure counsel illness absence sought failed time judge wilson intimated postpone matter said question involved stated counsel representing facts within personal knowledge deliver letter judge clay cooke honor asking wilson stating law constitute contempt defense suggested glad give ample time file pleadings pertinent secure evidence might support tend support unless desire state defense care file present indicate defense charge shall direct proceeding go forward fully protected since higher courts open correct error even judge might commit defense pertinent order state cooke began dictate statement filed effect walker believed good defense matters fact stated letter bias prejudice judge true constitute defense clay cook state something otherwise wilson repeating insult constitute defense clay cooke trying repeat insult honor please stating good faith wilson mean permitting may regard proper may state bill exceptions concluding record clay cooke affiant heretofore friendly relations said judge james wilson wilson matter wholly immaterial make difference friendly clay cooke stating good faith writing letter affiant believed writing said letter relieve said judge embarrassment filing necessary statutory affidavits disqualification said letter wilson caring anything suggesting disqualification right important trials avail privilege understood lawyer proceed order suggest disqualification judge clay cooke going state proceed wilson constitute defense contempt charge clay cooke put writing letter put later wilson may clay cooke affiant wrote said letter without intention part incurring contempt proceedings without thought contempt believed said letter construed affiant highest regard judge affiant believed good faith heard things concerning mccormick interposed objection accentuation contempt letter repetition innuendoes reflections including record clay cooke said dictated sent letter advising reputable counsel read believed proper letter carefully read wilson like know said reputable counsel clay cooke said partner dedmon said letter dictated read client walker made contents public intended judge eye relieve embarrassment purpose friendly repeating desire counsel investigation law contempt application case cooke referred statement attempting dictate asked might make fuller certain interruptions put anything relevant defense may heard defense suggested yet may add however think later read order district attorney district attorney read order arrest defendants set forth record said cause defendants directed stand addressed follows wilson findings fact within personal knowledge made order entered gentlemen matter almost common knowledge may lawfully criticized branch government unlawful contempt person including newspapers pass criticisms upon judiciary including federal courts judges regardless truth falsity criticisms concerning past matters time pending courts law based upon sound principle every branch government needs constructive criticism wholesome helpful judge think welcomes fears less judge altogether different proposition unlawful clearly constitutes contempt litigant attorney pass presence respectful contemptuous slanderous manner concerning matters pending later disposed obvious upon reading letter deliberately designed improperly influence pending matters wherein disqualification suggested careful suggest disqualified certain matters view thought aim destroy independence impartiality matters things like remind gentlemen conduct course litigant attorney many respects reprehensible filled pleadings scandalous charges trusted officials charged referee bankruptcy attorneys petitioning creditors trustee bankruptcy entered corrupt conspiracy many unlawful things deprive walker rights jury deliberating cause though charge marshal party employed private detective follow shadow view reporting corrupt conduct part walker jury rendered verdict employed detective whose sworn statement hold hand follow foreman jury thomas honorable respected citizen tarrant county stating expected meet one paid words receive bribe money verdict said cause gave private detective understand another one jurors honorable citizen parker county improperly approached influenced juror case walker honor pardon like state walker position prove pocket marshal cause man desist walker beg pardon thought right speak wilson got right time reply passed view surprising men deliver letter utterly false statement permitted improperly influenced whispered interested parties litigant simple easy matter analyze character man expecting every man act dishonestly corruptly whole course say contemptible matter surprising delivered letter surprising state letter course contempt remedy walker sentence tarrant county jail days payment fine mccormick doubt whether honor authority assess fine imprisonment statute says may punish imprisonment believe suggest visit fine see fit imprisonment wilson assess punishment days respondents cooke asked bond fixed pending appeal mccormick appeal lie case evidence gentlemen must reviewed writ error reviewed clay cooke statement consider writ error appeal case days wilson take respondents jail mr marshal mccormick going take full days matter wilson going days higher going pass upon matter dedmon honor fix amount bond wilson one thousand dollars allowing bond releasing defendants writ error bond dedmon mean going let appeal order adjudging spend days jail wilson perfect appeal might release going appeal hurry edwin brandenburg washington petitioner merrill otis joseph chief justice taft stating case delivered opinion first objection sentence made behalf petitioner letter written judge contempt section judicial code comp contains following party action proceeding civil criminal shall make file affidavit judge action proceeding tried heard personal bias prejudice either favor opposite party suit judge shall proceed therein another judge shall designated manner prescribed section last preceding chosen manner prescribed section hear matter every affidavit shall state facts reasons behalf bias prejudice exists shall filed less ten days beginning term good cause shall shown failure file within time party shall entitled case file one affidavit affidavit shall filed unless accompanied certificate counsel record affidavit application made good faith said petitioner intended letter advise desire client another judge try four cases yet heard desire avoid necessity filing affidavit bias section cases inducing regular judge voluntarily withdraw letter contained agree circuit appeals improper also agree letter written letter written morning verdict heat petitioner evident indignation judge conduct case verdict least two weeks elapse necessary file affidavit bias cases letter written delivered pending necessary proceedings case aroused writer anger doubtless intended notify judge allowed sit cases tenor shows also written gratify writer desire characterize severe language personally derogatory judge conduct pending case though writer addressed judge throughout honor conceal emphasized personal reflection intended expression disappointed hope judge begenough broad enough overcome personal prejudice petitioner client client privilege rebutting whispered slanders judge lent ear declaration confidence judge rudely shattered personally condemnatory calculated stir judge resentment anger considering circumstances fact case still judge without intending foreclose right petitioner heard witnesses argument issue given opportunity agree circuit appeals letter contemptuous reach conclusion far approving course judge procedure absence adopted sentencing petitioner treated case objectionable words uttered open preserve order courtroom proper conduct business must act instantly suppress disturbance violence physical obstruction disrespect occurring open need evidence assistance counsel punishment seen offense summary vindication dignity authority necessary always courts common law punishment imposed due process law case great consideration decision ex parte terry held upon commission contempt open might upon knowledge facts without proof without issue trial without hearing explanation motives offender immediately proceed determine whether facts justified punishment inflict punishment fitting law important distinction terry case one bar contempt open fully brought savin petitioner contempt effort deter witness attendance upon obedience subpoena waiting room witnesses near courtroom testifying offering money hallway courthouse inducement held presence section section judicial code comp speaking justice harlan said page opinion within meaning statute least session present every part place set apart use use officers jurors witnesses misbehavior anywhere place misbehavior presence true mode proceeding contempt every case misbehavior contempt committed directly eye within view may proceed knowledge facts punish offender without ther proof without issue trial form ex parte terry whereas cases misbehavior judge personal knowledge informed thereof confession party testimony oath others proper practice rule process require offender appear show cause punished bl com difference scope words statute presence one hand meaning narrower phrase eye within view open face facie curiae thus clearly indicated elaborated opinion think distinction finds reason ability judge see hear happens open danger unless open threat orderly procedure flagrant defiance person presence judge public hallowed place justice blackstone instantly suppressed punished demoralization authority follow punishment without issue trial contrary usual ordinarily indispensable hearing judgment constituting due process assumption saw everything went open required justify exception need immediate penal vindication dignity created contempt open however right reason dispensing necessity charges opportunity accused present defense witnesses argument exact form procedure prosecution contempts important randall brigham wall ed speaking necessary proceedings attorney law malpractice said requisite validity taken matters occurring open presence judges notice given attorney charges made opportunity afforded explanation defence manner proceeding shall conducted without oppression unfairness matter judicial regulation savin petitioner applied rule proceedings contempt due process law therefore prosecution contempt except committed open requires accused advised charges reasonable opportunity meet way defense explanation think includes assistance counsel requested right call witnesses give testimony relevant either issue complete exculpation extenuation offense mitigation penalty imposed see hollingsworth duane fed cas stewart la ex parte clark mo proceeding case conducted accordance foregoing principles set great length statement precedes opinion substance took place sentence first step order attachment arrest petitioner shown writ attachment contained copy order advised petitioner exact idea purport charges order read case long delay seem proper practice laid blackstone commentaries issue rule show cause rule contained enough inform defendant nature contempt charged see hollingsworth duane fed cas without ground shown supposing rule brought alleged contemnors harsh circumstances order arrest elicited petitioner admission written letter refused time secure consult counsel prepare defense call witnesses although taken time call counsel friend presence district attorney also secured ground criminal case proceeded theory admission petitioner written letter foreclosed evidence argument cases like intention acts contempt committed must necessarily properly important bearing degree guilt penalty imposed exclude evidence mitigation proper part defense suggestion one remarks petitioner dictated letter read carefully trusted advice partner sending given chance call witnesses make full statement point interrupted counsel every attempted explanation hand came pronounce sentence commented conduct petitioner client making scandalous charges pleadings officials charges corrupt conspiracy trustee referee bankruptcy employing detective shadow jurymen charge marshal afterwards detect bribery proof referred sworn statement detective hands submitted petitioner client walker questioned directed marshal prevent interruption quite clear considered facts thus announced aggravation contempt yet opportunity given contemnors even hear new charges much less meet explain sentence think procedure pursued unfair oppressive petitioner another feature case seems call remark power contempt judge must exercise protecting due orderly administration justice maintaining authority dignity important indispensable exercise delicate one care needed avoid arbitrary oppressive conclusions rule caution mandatory contempt charged element personal criticism attack upon judge judge must banish slightest personal impulse reprisal bend backward injure authority great leniency substitution another judge avoid either tendency always possible course acts contempt palpably aggravated personal attack upon judge order drive judge case ulterior reasons scheme permitted succeed attempts kind rare cases however present difficult questions judge say upon whole matter conditions make impracticable delay may injure public private right judge called upon act case contempt personal attack upon may without flinching duty properly ask one fellow judges take place cornish toledo case us one issue judge parties come involve marked personal feeling make impartial calm judicial consideration conclusion statement proceedings abundantly shows think therefore case reaches district must remanded judge imposed sentence herein invite senior circuit judge circuit assign another judge sit second hearing charge petitioner judgment circuit appeals reversed case remanded district proceedings conformity opinion footnotes next term fort worth second monday march judicial code comp affidavit required section disqualification need filed march letter written february