James Clark McReynolds

“ If a direct answer to it may criminate himself, then he must be the sole judge what his answer would be.' The constitutional protection against self-incrimination 'is confined to real danger, and does not extend to remote possibilities out of the ordinary course of law.' Heike v. ”

“ Ordinarily, he is in much better position to appreciate the essential facts than an appellate court can hold, and he must be permitted to exercise some discretion, fructified by common sense, when dealing with this necessarily difficult subject. Unless there has been a distinct denial of a right guaranteed, we ought not to interfere. ”

“ To entitle a party called as a witness to the privilege of silence, the court must see, from the circumstances of the case and the nature of the evidence which the witness is called to give, that there is reasonable ground to apprehend danger to the witness from his being compelled to answer. We indeed quite agree that, if the fact of the witness being in danger be once made to appear, great latitude should be allowed to him in judging for himself of the effect of any particular question: . ”

“ No suggestion is made that it is criminal in Alaska to sit at a table where cards are being played, or to join in such game unless played for something of value. The relevant statutory provision is § 2032, Compiled Laws of Alaska 1913, copied in the margin. ”