answer in this manner to the questions propounded to him by the counsel for plaintiff, he refused to do so to avoid self incrimination. For this, on further proceeding, he was held by the court to be in contempt and fined $500 and committed to the custody of the marshal until it was paid. It is to be relieved of this imprisonment that he prays here the writ of habeas corpus. Decision Justice Miller delivered the opinion of the court. He stated the facts as above recited and continued: Justice Miller went on to give an illustration from act of Congress prescribing rules of evidence in § 858 of the Revised Statutes, which read: Specifically the following sections of the Revised Statutes, in chapter XVII, on evidence: SEC. 861. The mode of proof, in the trial of actions at common law, shall be by oral testimony and examination of witnesses in open court, except as hereinafter provided. SEC. 863. The testimony of any witness may be taken in any civil cause, pending in a district or circuit court, by deposition de bene esse when the witness lives at a greater distance from the place of trial than one hundred miles, or is bound on a voyage to sea, or is about to go out of the United States, or out of the district in which the case is to be tried, and to a greater distance than one hundred miles from the place of trial, before the time of trial, or when he is ancient or infirm. The remainder of this section and §§ 864 and 865 are directory as to the officer before whom the deposition may be taken, the notice to the opposite party, and the manner of taking, testifying, and returning the deposition to the court. SEC. 866. In any case where it is necessary, in order to prevent a failure or delay of justice, any of the courts of the United States may grant a dedimus potestatum to take depositions according to common usage, and any circuit court, upon application to it as a court of equity, may, according to the usages of chancery, direct depositions to be taken in perpetuam rei memoriam, if they relate to any matter that may be cognizable in any court of the United States. Section 867 authorizes the courts of the United States, in their discretion and according to the