Opinion
September Term, 1902.
Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. Held, that the order for the examination of defendants should be set aside under the rule laid down in Skinner v. Steele (88 Hun, 311). The only evidence material to the plaintiff's case which could be given by the defendants would tend to show them guilty of crime and subject them to penalties under the statute. The defendants would be privileged from giving such evidence, and the privilege is asserted by making the motion to set aside the order. All concurred.