Nature of the Case
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Facts
This was an appeal from an order of the circuit court, made upon the return of a writ of habeas corpus, remanding the petitioner, Brown (P), to the custody of the marshal, the respondent in this case. P had been subpoenaed as a witness before the grand jury to testify in relation to a charge then under investigation by that body against certain officers and agents of the Alleghany Valley Railway Company, for an alleged violation of the interstate commerce act. After testifying that he was auditor of the railway company, and that it was his duty to audit the accounts of the various officers of the company, as well as the accounts of the freight department of such company during the years 1894 and 1895, he was asked a number of questions to which he responded: 'That question, with all respect to the grand jury and yourself, I must decline to answer, for the reason that my answer would tend to accuse and incriminate myself.' The grand jury reported these questions and answers to the court, and prayed for an order as to the court might seem meet and proper. P was ordered to appear and show cause why he should not answer the said questions or be adjudged in contempt, and, upon the hearing of the rule to show cause, it was found that his excuses were insufficient, and he was directed to appear and answer the questions, which he declined to do. P was adjudged to be in contempt and ordered to pay a fine of five dollars and to be taken into custody until he should have answered the questions. P petitioned the circuit court for a writ of habeas corpus, stating, in his petition, the substance of the above facts. The writ was issued, P was produced in court, the hearing was had, and on the 11th day of September 1895, it was ordered that the petition be dismissed, the writ of habeas corpus discharged, and P remanded to the custody of the marshal. P appealed to the Supreme Court.
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