Mahlon Pitney

“ Appellant's first point is that in a legal sense there was no probable cause to believe that he had been guilty of the offense charged in the Washington indictment because he could not be required to make a report to the Alien Property Custodian of the facts alleged in that indictment, since this would compel him in a criminal case to be a witness against himself, contrary to the provision of the Fifth Amendment to the Constitution of the United States in that behalf. ”

“ This indictment, described as the 'Washington indictment,' contains two counts, each of which recites the existence, at the time of the offense charged, of a state of war between the United States and the Imperial German government, and sets out that the Act of October 6, 1917, was in force, and that the Alien Property Custodian, an officer of the United States appointed under authority of that act, had his office for the transaction of official business in the District of Columbia and at no other place. ”