Ex parte Sontag

The petitioner was committed to prison by the Superior Court, as being guilty of contempt in refusing to answer the question (upon motion to set aside an indictment) whether he as grand juror voted for finding the indictment.

The form of the oath, in general use for centuries, binds the grand juror to preserve inviolate the secrets of the grand jury room. Public policy would seem to forbid vain disclosures made to gratify idle curiosity. “ But,” say Thompson and Merriam, “ when, for the purposes of public justice, or for the protection of private rights, it becomes necessary, in a court of…