U.S. Circuit Court for the District of District of Columbia May 15, 1822 (United States v. Lynn)

The Court,

(Thruston, J., absent,)

said, that as there is a prosecution against the witness for accepting the challenge, and as the existence of the challenge would be a material fact in the evidence against him upon the trial, and as he stated that he could not answer the question without implicating himself, he was not bound to answer it.

Morsell, J.