
    Case No. 8,364.
    Ex parte LINDO.
    [1 Cranch, C. C. 445.] 
    
    Circuit Court, District of Columbia.
    Nov. Term, 1807.
    Witness — Ansvch Tending to Criminate.
    A witness must answer whether he saw the defendant at a public gaming-table, inasmuch as the answer cannot criminate or tend to crim inate the witness himself.
    Rule to show cause why an attachment of contempt should not issue against a witness for not answering this question by the grand jury, “Did you within the last three months, see Richard Lewis play at any public gaming-table within the county of Alexandria?”
    The witness [Abraham Lindo] objects that it may tend to criminate himself, by showing that he was present at a public gaming-table, and may induce Lewis to prosecute him.
    Mr. Swann, for the witness,
    cited 1 Morgan, Essays, 43S; 2 Hawk. p. 609, c. 46, § 20; 1 Atk. 539.
   But

THE COURT

(DUCKETT, Circuit Judge, absent)

decided that he must answer, inasmuch as the answer could not criminate nor tend to criminate himself. Whereupon he submitted to answer.  