Page:Harvard Law Review Volume 5.djvu/40

24 HARVARD LAW REVIEW. THE PRIVILEGE OF WITNESSES IN FEDERAL COURTS AGAINST COMPULSORY SELF-IN- CRIMINATION. THE right of a witness, under the Constitution and Laws of the United States, to refuse to give evidence tending to in- criminate himself, has recently been passed upon by both the Circuit and the District Court of the United States for the North- ern District of Illinois. The question arose, in the course of an investigation by the Federal grand jury into certain alleged offences against the Interstate Commerce Law, in the course of which certain prominent merchants and railroad officials of the city of Chicago, summoned as witnesses before the grand jury, refused to answer certain questions propounded, and refused to produce certain books and papers called for, on the ground that they would criminate, or tend to criminate, themselves by so doing. The District Court, on the matter being called to its attention, and after argument of counsel in behalf of the witnesses, ruled that the witnesses must give the evidence called for; and, the wit- nesses still persisting in their refusal, committed them for con- tempt. The Circuit Court was immediately appealed to to release witnesses on habeas corpus, but refused so to do, after, full argu- ment and mature deliberation. An appeal has been taken from the decisions of the Circuit Court in the habeas corpus cases to the Supreme Court, which appeal is still pending. The decisions of both Circuit and District Courts were based upon a statute of the United States (R. S. U. S. § 860), which provides that " no pleading of a party, nor any discovery or evi- dence obtained from a party or witness by means of a judicial pro- ceeding in this or any foreign country, shall be given in evidence, or in any manner used against him or his property or estate, in any court of the United States in any criminal proceeding, or for the enforcement of any penalty or forfeiture; provided, that this section shall not exempt any party or witness from prosecution