Merluzzi v. Gleeson

Stone, J., delivered the opinion of the Court. Upon the cross-examination of the witness Grleeson, six questions were asked him, which manifestly tended, if the answers were in the affirmative, to degrade and disgrace him. The Court thereupon informed the witness that he was at liberty to answer the questions or not as he pleased. Availing himself of the privilege thus accorded him by the Court, the witness to each of the questions replied, “I. decline to answer that question.” No exception was taken to the ruling of the Court on that point, and its correctness is not now before us for decision.

But after the witness had thus availed himself of the privilege so-granted him, by the Court, and had declined to answer, he was then asked the following question: “Mr. Grleeson you have declined to answer all these-questions, touching the various charges against you, and all the questions as to whether you committed the various-acts involved in the charges, now, why do you decline to answer each and all of these questions ? ” This question was objected to, and the Court sustained the objection, and refused to allow the question to he- ²¹⁷ asked; and to this refusal exception was taken, and the correctness of this ruling is the only question we have to decide in this case. (Decided 21st December, 1882.) It was the conceded law of this case-—conceded because unexcepted to—that the witness had the right to refuse to answer