Southern Ry. News Co v. Russell

Decision Date24 July 1893
PartiesSOUTHERN RAILWAY NEWS CO. v. RUSSELL.
CourtGeorgia Supreme Court

Witness— Self-Crimination — Extent of Privilege.

1. The privilege of a witness not to give testimony tending in any manner to criminate himself continues, although a prosecution for the offense would, if commenced after the time of testifying, be barred by the statute of limitations, unless it affirmatively appears that no prosecution against him, commenced in due time in any court having jurisdiction of the offense, is then pending.

2. From the interrogatories propounded to the witness in the present case, it sufficiently appears, in view of the statute of Alabama, that truthful answers to the same might tend to criminate him, and, this being so, the claim of privilege was properly allowed.

(Syllabus by the Court.)

Error from superior court, Sumter county; W. H. Fish, Judge.

Proceedings by the Southern Railway News Company to compel C. E. Russell to answer certain Interrogatories. From the judgment refusing to compel respondent to answer, applicant brings error. Affirmed.

Fort & Watson, for plaintiff in error.

B. P. Hollis and E. A Hawkins, for defendant in error.

SIMMONS, J. It appears from the record that Russell had been a locomotive engineer on a railroad in Alabama, and that on one occasion, while so employed, he left the depot In Birmingham, with his train, without orders to do so, and leaving the conductor of the train behind; that after running several miles he discovered that the conductor was missing, and thereupon started to back the train towards the depot, first sending Davis, a news agent who was on the train, to the rear, to act as watchman for him. While backing the train he came into collision with another train, and Davis was killed. It seems that a suit was instituted against the railroad company, In the state of Missouri, for the homicide of Davis, and the plaintiff in that suit sued out a set of Interrogatories for Russell. Russell had in the mean time removed from Alabama to this state. When the interrogatories were presented to him, he refused to answer, and this fact was reported to the judge of the superior court of the circuit wherein Russell resided; and the judge, under section 3885 of the Code, required Russell to appear before him to show cause why he should not answer. Russell appeared, and In response to the rule stated that the answers to the Interrogatories would tend to criminate him, under the laws of Alabama. The judge refused to compel him to answer, and the plaintiff in error excepted, and brought the case here for...

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4 cases
  • United States v. Goodman
    • United States
    • U.S. Court of Appeals — Fourth Circuit
    • 30 Marzo 1961
    ...Backus, 7 Cir., 1935, 78 F.2d 571, 101 A.L.R. 579, certiorari denied 296 U.S. 640, 56 S.Ct. 173, 80 L.Ed. 455; Southern Railway News Co. v. Russell, 1893, 91 Ga. 808, 18 S.E. 40; Lamson v. Boyden, 1896, 160 Ill. 613, 43 N.E. 1 This particular interrogation extends over 57 pages of the recor......
  • Nekoosa-Edwards Paper Co. v. News Pub. Co.
    • United States
    • Wisconsin Supreme Court
    • 3 Mayo 1921
    ...run, and that no suits begun within the statutory period are pending. Lamson v. Boyden, 160 Ill. 613, 43 N. E. 781; So. R. M. Co. v. Russell, 91 Ga. 808, 18 S. E. 40;Bank v. Henry, 2 Denio (N. Y.) 155, 160;Henry v. Bank, 1 N. Y. 83, 87. The latter defendant has failed to do; hence it is not......
  • Moore v. Backus, 5401.
    • United States
    • U.S. Court of Appeals — Seventh Circuit
    • 13 Julio 1935
    ...namely that no prosecution has been begun within the time; and this burden is held to be upon the opponent." Citing Southern R. N. Co. v. Russell, 91 Ga. 808, 18 S. E. 40; Lamson v. Boyden, 160 Ill. 613, 43 N. E. 781; Bank of Salina v. Henry, 2 Denio (N. Y.) 155. See, also, O'Neil v. O'Neil......
  • Southern Ry. News Co. v. Russell
    • United States
    • Georgia Supreme Court
    • 24 Julio 1893

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