Carthy v. Arndstein, 404

Decision Date21 May 1923
Docket NumberNo. 404,404
Citation67 L.Ed. 1023,43 S.Ct. 562,262 U.S. 355
PartiesMcCARTHY, United States Marshal, v. ARNDSTEIN. 1
CourtU.S. Supreme Court

Messrs. Saul S. Myers and Walter H. Pollak, both of New York City, for appellant.

Mr. Wm. J. Fallon, of White Plains, N. Y., for appellee.

Mr. Justice SANFORD delivered the opinion of the Court.

This is an appeal from an order of the District Court sustaining a writ of habeas corpus and discharging the appellee from custody. It involves the same proceeding which was before this Court at an earlier stage in Arndstein v. McCarthy, 254 U. S. 71, 41 Sup. Ct. 26, 65 L. Ed. 138 and Id. 254 U. S. 379, 41 Sup. Ct. 136, 65 L. Ed. 314.

Arndstein, having been adjudicated an involuntary bankrupt and called before a Special Commissioner for examination as to his assets under Section 21a of the Bankruptcy Act (Comp. St. § 9605), refused to answer 447 of the questions which were asked him, asserting his constitutional privilege upon the ground that to do so might tend to degrade and incriminate him. The district judge, having 'no doubt that the answers might furnish information which would render him liable to prosecutions in the federal courts for concealment of assets,' denied a motion to punish him for contempt. After his examination, however, Arndstein filed, without objection, sworn schedules of his assets and liabilities, showing on y one item of property, namely, a bank deposit of $18,000. Thereupon, the district judge, being of opinion that Arndstein thus asserted not only that he had this bank deposit but also that he had no other property and had thereby become subject to examination as to his property, ordered him to answer 426 of the former questions. Being recalled for further examination he again refused to answer them, upon the same ground as before. He was then adjudged to be guilty of contempt of court and committed to the custody of the Marshal for confinement in jail so long as he persisted in his refusal to answer.

He thereupon presented to the District Court a petition for a writ of habeas corpus, alleging that he was restrained of his liberty without due process and in violation of the Federal Constitution. This petition was held to be insufficient, and the writ was refused. Upon an appeal by Arndstein this court held that as the schedules did not amount to an admission of guilt or furnish clear proof of crime, they did not constitute a waiver of his right to stop short whenever he could fairly claim that to answer might tend to incriminate him; and the order of the District Court was accordingly reversed and the cause remanded for further proceedings in conformity with the opinion. Arndstein v. McCarthy, supra, 254 U. S. 72, 73, 41 Sup. Ct. 26, 65 L. Ed. 138. In a supplemental memorandum (254 U. S. 379, 41 Sup. Ct. 136, 65 L. Ed. 314) it was added that this decision only required the District Court to issue the writ and proceed as usual, and that if proper reasons existed for holding Arndstein not shown by the petition they might be set up in the return for consideration.

Thereafter the District Court, in accordance with the mandate of this court, vacated its former order and issued the writ of habeas corpus; to which the Marshal made return, exhibiting a transcript of the entire proceedings before the Commissioner. Aside from general denials of the illegality of Arndstein's commitment the only ground set up in the return as a reason for holding him was that, after being notified by the Commissioner of his privilege, he had, before refusing to answer the questions in issue, testified of his own accord, without invoking any privilege, to the very matters with which these questions were concerned, thereby waiving his privilege upon further examination concerning them. Upon a hearing on the petition and return, the District Court was of opinion that, although in certain answers made without objection Arndstein had denied that he had any stocks or bonds in his possession or under his control at any time during the preceding year, the conclusion to be drawn from the decision of this court in reference to the schedules was that his denials or partial disclosures as a witness did not terminate his privilege so as to deprive him of the right to refuse to testify further about his property, and that he was at liberty to cease disclosures, even though some had been made, whenever there was just ground to believe the answers might tend to incriminate him; and it accordingly sustained the writ and discharged him from custody. The Marshal, by reason of the constitutional question involved, has appealed directly to this Court. Jud. Code, § 208 (Comp. St. § 997); Boske v. Comingore, 177 U. S. 459, 465, 20 Sup. Ct. 701, 44 L. Ed. 846; Collins v. Miller, 252 U. S. 364, 365, 371, 40 Sup. Ct. 347, 64 L. Ed. 616; Arndstein v. McCarthy, supra, 254 U. S. 72, 41 Sup. Ct. 26, 65 L. Ed. 138.

We find no error in the order of the District Court:

1. The opinion of this court upon the former appeal was not based upon the ground, as the Marshal in effect contends, that schedules filed by a bankrupt are so essentially different from evidence given by him that, whatever their disclosures, they...

To continue reading

Request your trial
56 cases
  • United States v. St. Pierre
    • United States
    • U.S. Court of Appeals — Second Circuit
    • December 15, 1942
    ..."connections" must be, was left at large. In Arndstein v. McCarthy, 254 U.S. 71, 41 S.Ct. 26, 65 L.Ed. 138, and McCarthy v. Arndstein, 262 U.S. 355, 43 S.Ct. 562, 67 L.Ed. 1023, the question was presented whether a bankrupt's schedules waived his privilege when he was examined under § 21, s......
  • Rogers v. United States
    • United States
    • U.S. Supreme Court
    • February 26, 1951
    ...The decisions of this Court in Arndstein v. McCarthy, 1920, 254 U.S. 71, 41 S.Ct. 26, 65 L.Ed. 138, and McCarthy v. Arndstein, 1923, 262 U.S. 355, 43 S.Ct. 562, 67 L.Ed. 1023, further support the conviction in this case for, in sustaining the privilege on each appeal, the Court stressed the......
  • United States v. Toner
    • United States
    • U.S. District Court — Western District of Pennsylvania
    • May 17, 1948
    ...was left at large." 132 F.2d 838. Speaking of Arndstein v. McCarthy, 254 U.S. 71, 41 S.Ct. 26, 65 L.Ed. 138, and McCarthy v. Arndstein, 262 U.S. 355, 43 S.Ct. 562, 67 L.Ed. 1023, Judge Hand said at page 839, of 132 F.2d, supra, "The essence of the decision is that `an ordinary witness' does......
  • In re Sec.
    • United States
    • U.S. District Court — Southern District of Texas
    • December 8, 2010
    ...his criminal connections, he is not permitted to stop, but must go on and make a full disclosure.”); McCarthy v. Arndstein, 262 U.S. 355, 358–59, 43 S.Ct. 562, 67 L.Ed. 1023 (1923) (same), rehearing granted, 263 U.S. 676, 44 S.Ct. 33, 68 L.Ed. 501 (1923), aff'd, 266 U.S. 34, 45 S.Ct. 16, 69......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT