Rensselaer Republican, Volume 25, Number 24, Rensselaer, Jasper County, 9 February 1893 — Judge Gillett’s Opinion. [ARTICLE]

Judge Gillett’s Opinion.

Valparaiso Vidette. The Grand Jury, on information tliat certain wealthy person s carried deposits in the banks, and who failed to return for taxable purposes, a true account of the same and for the purpose of ascertaining the facts in the case, cited Erasmus Ball, cashier of the First National Bank with the books of that institution. The demand was resisted, and after argument by Judge Johnston for the bank, Judge Gillett took the case under advisement and in an exhaustive opinion decided that it was not within the province of the Grand Jury to make the inquiry. We quote the final clause of the opinion: “As to such books and papers as are held by the bank as the confidential agent of the depositor, under such circumstances as in contemplation of law, would make the possession in fact of the bank the possession in law of the depositor, I am of the opinion that the fair scope of the fifth amendment to the Constitution of the United States would protect such depositor from having such evidence extorted from him by compulsory process against his agent. Rapalje on witnesses, Tit. agent. The defendant is discharged. Try Dullam’s Great German 15 cent liver pills, 40 in each package.