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BALLMAN V. FAGIN, 200 U. S. 186 (1906)

U.S. Supreme Court

Ballman v. Fagin, 200 U.S. 186 (1906)

Ballman v. Fagin

No. 240, 308

No. 240 argued May 8, 1905

No 308 submitted November 27, 1905

Decided January 2, 1906

200 U.S. 186


Where a witness is subpoenaed to produce a cash book showing transactions with certain specified persons, a charge of contempt in failing to produce a cash book must be confined to a failure to produce one showing transactions with such persons.

The fact that the witness has denied the existence of a cash book showing transactions with certain specified persons does not debar him, when ordered in general terms to produce his cash book, from pleading his privilege to refuse to testify because it might incriminate him. A person against whom criminal proceedings are pending is no more bound to produce books of account than to give testimony to the facts which they disclose.

The facts are stated in the opinion.

Page 200 U. S. 192

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