
    AMHERST H. WILDER vs. WILLIAM WELSH.
    At Law.
    No. 12261.
    The privilege of a witness in attendance upon a congressional committee-is not higher than that of a member of Congress; he may, therefore, be served with a summons as defendant in a suit commenced in this court.
    This was a motion to set aside the service of a summons upon the ground that the defendant in the suit, when the service was made upon him, was a witness from one of the States in attendance upon a congressional committee under a subpoena; and was, therefore, exempt from process while-in attendance, and in coming and returning from the city. The court unanimously held that the privilege of a witness-before Congress, or before any of its committees, stands on the same footing as the privilege of the members of that body, and that this does not extend to freedom from the service of a simple summons but only from arrest. As no> privilege had been violated, the motion was overruled.
    
      R. S. Sale, of New York, and R. D. Mussey for plaintiff.
    
      Walter D. Davidge for defendant.
     