Sanderson's Case

Decided May 15, 1829

MemoRandum. August 6, 1829. The foreman of the grand jury came down, and stated that a Mr. Sanderson had refused to answer who was the author of a certain publication in “ The Baltimore Republican,” supposed to reflect upon the Court and Jury, in the trial of the cases of The United States v. Watkins, although he said it was “ confessedly” written in this district; and that he said he could not answer the question without implicating himself.

Cited by 1 later decisions (1 by the Supreme Court) — most recently January 1915

Good law ✅— No negative treatment on recordhow we know

Decided 1829-05-15

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¶1 *639The 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.

¶2Morsell, J., was not clear that it could implicate him.

¶3Cranch, 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. ,

¶4He was not compelled to answer.