Sanderson's Case

21 F. Cas. 326, 3 D.C. 638, 3 Cranch 638

• Court: U.S. Circuit Court for the District of District of Columbia
• Decided: May 15, 1829
• Status: Published

Opinion

The Court (Thruston, J., absent,) said, that it seemed to the Court that he might be implicated by answering the question, and he was the sole judge whether’it would; and, if it would, he was not bound to answer the question.

Morsell, J., was not clear that it could implicate him.

Cranch, C. J., thought that it might form a link in the chain of circumstances, leading to a prosecution against himself, as the publisher of the paper; for, although the paper was printed in Baltimore,’ it might have been published here. At least it is questionable, whether sending a paper here would not be a publication here; and, as the witness was now here, he might possibly be prosecuted here. ,

He was not compelled to answer.