
    The People of the State of New York, Appellant, ex rel. Jerome B. Hadsell, Respondent, v. Maurice Tompkins, as Sheriff of Broome County, Appellant.
   Order affirmed,, with costs. Smith, P. J., concurred upon the authority of People ex rel. Livingston v. Wyatt (186 N. Y. 383); Houghton, J., concurred on the ground that, the witness was privileged from answering the questions because they might tend to incriminate him; Kellogg, J., voted for reversal; Lyon, J., not sitting.  