Facts of the Case
This was an appeal from a final order of the Circuit Court made June 18, 1905, dismissing a writ of habeas corpus and remanding the petitioner Hale to the custody of the marshal.
Conclusions
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Under the practice in this country, the examination of witnesses by a Federal grand jury need not be preceded by a presentment or formal indictment, but the grand jury may proceed, either upon their own knowledge or upon examination of witnesses, to inquire whether a crime cognizable by the court has been committed, and, if so, they may indict upon such evidence. In summoning witnesses, it is sufficient to apprise them of the names of the parties with respect to whom they will be called to testify, without indicating the nature of the charge against them or laying a basis by a formal indictment. The examination of a witness before a grand jury is a "proceeding" within the meaning of the proviso to the general appropriation act of 1903 that no person shall be prosecuted on account of anything which he may testify in any proceeding under the Antitrust Law. The word should receive as wide a construction as is necessary to protect the witness in his disclosures.
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