“ When the contempt is not in open court, however, there is no such right or reason in dispensing with the necessity of charges and the opportunity of the accused to present his defense by witnesses and argument. ”

“ All we can say upon the whole matter is that, where conditions do not make it impracticable, or where the delay may not injure public or private right, a judge, called upon to act in a case of contempt by personal attack upon him, may, without flinching from his duty, properly ask that one of his fellow judges take his place. ”

“ It was there held that a court of the United States, upon the commission of a contempt in open court, might upon its own knowledge of the facts, without further proof, without issue or trial, and without hearing an explanation of the motives of the offender, immediately proceed to determine whether the facts justified punishment and to inflict such punishment as was fitting under the law. ”

“ No party shall be entitled in any case to file more than one such affidavit; and no such affidavit shall be filed unless accompanied by a certificate of counsel of record that such affidavit and application are made in good faith.'
It is said that all that the petitioner intended to do by this letter was to advise the court of the desire of his client to have another judge try the four cases yet to be heard, and of his own desire to avoid the necessity of filing an affidavit of bias under the above section in those cases by inducing the regular judge voluntarily to withdraw. ”

“ The presence of the United States district attorney also was secured by the court on the ground that it was a criminal case.
The court proceeded on the theory that the admission that the petitioner had written the letter foreclosed evidence or argument. In cases like this, where the intention with which acts of contempt have been committed must necessarily and properly have an important bearing on the degree of guilt and the penalty which should be imposed, the court cannot exclude evidence in mitigation. It is a proper part of the defense. ”

“ Section 21 of the Judicial Code (Comp. St. § 988) contains the following:
'Whenever a party to any action or proceeding, civil or criminal, shall make and file an affidavit that the judge before whom the action or proceeding is to be tried or heard has a personal bias or prejudice either against him or in favor of any opposite party to the suit, such judge shall proceed no further therein, but another judge shall be designated in the manner prescribed in the section last preceding, or chosen in the manner prescribed in section twenty-three, to hear such matter. ”

“ J. L. Walker: I beg your pardon; I thought I had the right to speak now.
'Judge Wilson: No; you haven't got a right. Your time to reply is passed.
'In view of all this, it is not surprising that you men would deliver this letter to the court with the utterly false statement in it that this court had permitted himself to be improperly influenced and whispered to by interested parties against a litigant in this court. It is a simple and easy matter to analyze the character of any man who is expecting every other man to act dishonestly and corruptly. ”

“ Brigham, 7 Wall. 523, 540 (19 L. Ed. 285) , in speaking of what was necessary in proceedings against an attorney at law for malpractice, said:
'All that is requisite to their validity is that, when not taken for matters occurring in open court, in the presence of the judges, notice should be given to the attorney of the charges made and opportunity afforded him for explanation and defence. The manner in which the proceeding shall be conducted, so that it be without oppression or unfairness, is a matter of judicial regulation.' The court in Savin, Petitioner, 131 U.S. 267, 9 S.C.t. ”

“ Though the writer addressed the judge throughout as 'your honor,' this did not conceal, but emphasized, the personal reflection intended. The expression of disappointed hope that the judge was begenough and broad enough to overcome his personal prejudice against petitioner's client, and that the client would have the privilege of rebutting the whispered slanders to which the judge had lent his ear, and the declaration that his confidence in the judge had been rudely shattered, were personally condemnatory and were calculated to stir the judge's resentment and anger. ”

“ E. G. Thomas, an honorable and respected citizen of Tarrant county, stating that you expected him to meet some one and be paid off-in other words, to receive bribe money for his verdict in said cause. ”

“ This is fully brought out in Savin, Petitioner, 131 U.S. 267, 9 S.C.t. 699, 33 L. Ed. 150. The contempt there was an effort to deter a witness in attendance upon a court of the United States in obedience to a subpoena, while he was in a waiting room for witnesses near the courtroom, from testifying and the offering him money in the hallway of the courthouse as an inducement. This was held to be 'misbehavior in the presence of the court,' under section 725, R. S. (now section 268 of the Judicial Code [Comp. St. § 1245] ) . The court, speaking by Mr. ”