 Upon a review of the authorities, we are clearly of opinion . . . that, to entitle a party called as a witness to the privilege of silence, the Court must see, from the circumstances of the case and the nature of the evidence which the witness is called...  The Chicago Law Journal - Page 561886Full view - About this book
 | Illinois. Supreme Court - Law reports, digests, etc - 1910 - 726 pages
...practicable one, where he said: "To entitle a party called as a witness to the privilege of silence, the court must see, from the circumstances of the...to the witness from his being compelled to answer." Applying this rule to the case at bar, we think it apparent that it does not appear from the averments... | |
 | Law - 1862 - 722 pages
...is the correct one ; and that, to entitle a party called as a witness to the privilege of silence, the Court must see from the circumstances of the case,...to the witness from his being compelled to answer. We, indeed, quite agree that, if the fact of the witness being in danger be once made to appear, great... | |
 | Law - 1863 - 788 pages
...is the correct one ; and that, to entitle a party called as a witness to the privilege of silence, the Court must see from the circumstances of ! the...to apprehend danger to the witness from his being i compelled to answer. We, indeed, quite agree that, if the fact of the witness being in danger be... | |
 | Edward William Cox - Criminal law - 1846 - 734 pages
...631, is the correct one, and that to entitle a party called as a witness to the privilege of silence, the Court must see, from the circumstances of the...to the witness from his being compelled to answer. Indeed, we quite agree ihnt if the fact of the witness being in danger be once made to appear, great... | |
 | John Bruce Norton - Evidence (Law) - 1865 - 666 pages
...the privilege of not answering a question, on the ground that the answer would tend to criminate him, the Court must see, from the circumstances of the...to the witness from his being compelled to answer ; though, if fhe fact of the witness being in danger be once made to appear, great latitude should... | |
 | Edward William Cox - Criminal law - 1865 - 680 pages
...answer. To entitle a witness to the privilege of not answering a question as tending to criminate him, the court must see, from the circumstances of the...danger to the witness from his being compelled to a?tsirer. If the fact of the witness being in danger be once made to appear, great latitude should... | |
 | United States. Supreme Court - Law reports, digests, etc - 1917 - 780 pages
...altogether unable to concur. ... To entitle a party called as a witness to the privilege of silence, the Court must see, from the circumstances of the...to the witness from his being compelled to answer. We indeed quite agree that, if the fact of the witness being in danger be once made to appear, great... | |
 | Law - 1882 - 826 pages
...his belief that his answer will have that effect is not sufficient to excuse him from answering, but the Court must see, from the circumstances of the...there is reasonable ground to apprehend danger to him from his being compelled to answer. But, if it is once made to appear that the witness is in danger,... | |
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