United States v. Williams
U.S. Circuit Court for the District of Southern Ohio
[This was an action at law by the United States against A. P. Williams and others under the internal revenue laws.] During the progress o£ the. trial .of the above named ease before Hon. P. B. SWING, the plaintiff called Thomas R. Roberts, inspector of spirits during the year 1867, as a witness on its behalf and W. 11. Bateman, district attorney, proceeded to question him as to the amount of spirits he had inspected at the plank-road distillery.
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[This was an action at law by the United States against A. P. Williams and others under the internal revenue laws.] During the progress o£ the. trial .of the above named ease before Hon. P. B. SWING, the plaintiff called Thomas R. Roberts, inspector of spirits during the year 1867, as a witness on its behalf and W. 11. Bateman, district attorney, proceeded to question him as to the amount of spirits he had inspected at the plank-road distillery. The witness declined to answer because his answer would tend to criminate himself and II. A. Sayler, Esq., his attorney insisted upon his right to…
1Opinion of the Court
SWING, District Judge.
The witness through his counsel claims, that by the law he is not compelled to answer any question which will have a tendency to expose him to a penal liability, or to any kind of punishment, or to a criminal charge, and that he may, by order of the court, be privileged from answering -any such question. That such was the privilege of the witness at common law cannot be denied. While there exists a difference of opinion among judges and law writers as to the origin of the privilege, or the foundation and reason upon which it rests, they all agree that such privilege…
2Cases cited1 opinion
- People Ex Rel. Hackley v. KellyNew York Court of Appeals · 1861
3Cited by1 opinion
- United States v. McCarthyU.S. Circuit Court for the District of Southern New York · 1883