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af Rae en 8 Pendergast vs. United States. seems to be the course of practical and obvious justice in this case by resort to metaphysical spéculations aa to the effect of absence of the schemers from the courtroom when attorneya whom also they had deceived obtained the order from the Court. : Neither can I agree with the Court's conclusion that this con- tempt expired with the setting sun and the statute of limitation then began its work of immunizing these defendants. The fraud had as its object not merely to get the Court order, but to get the money from the Court’s custody. The contempt and the fraud did not cease to operate so long as the money was being disbursed in reliance upon it, and by virtue of its concealment. Hence, I find no good reason for interfering with the effort of the lower court to bring these men to account for their fraud on it. d Mr. Justice FRANKFURTER. I wholly agree with the conclusion of Mr. Justice Jackson that the petitioners’ conduet constituted a contempt within the meaning of Section 268 of the Judicial Code, 28 U. 8. C. § 385. But I am also compelled to conclude, for the reasons stated in the opinion of the Court, that prosecution for such offense is barred by the applicable statute of limitations, R. S. § 1044, 18 U. S. C. § 582. asti av suse - g | =i ALE HAS OY-DSAES.. nH 82 5 32 ¥ oyast oe ae Nit WE PAPET:)