
    William Devaughn’s Case.
    A witness before the grand jury, is bound to. answer a question,_ although he make3 oath that he cannot answer it without criminating himself.
    William Devaughn was sworn as a witness to the grand jury, who asked him whether he saw John Ball gaming at Mrs. Garner’s. 'He refused to answer, saying that he could not answer the question without criminating himself. This was stated to the Court, by the grand jury, in writing.
   The Court

(Thruston, J., absent,)

decided, under the authority of this Court, in the case of United States v. Miller, at October term, 1821, [ante, 247,] that he was bound to answer the question, and informed him that if he persisted in his refusal he must be committed.

He then submitted to answer.

Note. Cranch, C. J., did not concur in the opinion of the Court, in the case of the United States v. Miller, but considered himself now bound by that decision.  