Morning journal and courier., 1888-11-26
A Question Of Privilege.

(From the Boston Advertser.)
 The latest stage in the progress of the An dover litigation involves some questions that possess special interest for lawyers. Before Judge Allen of the Supreme court, sitting in equity, the trustees yesterday appeared by their attorneys, Professor J. 0. Gray and Nr. George o. Shattuok, and asked the court to grant an order requiring Presidens J. H. Seelys of Amherst college, member of the board of visitors, to answer certain questions concerning what took place at various meet ings of the board. Technically, the plaintiff in the hearing yesterday was MT. 0. E.. Grinnell, justice of the peace and master in ehancery, whom the court had appointed to take dispositions in the matter of the trus- tees bill in equity.
 The petition for an order requiring Presi- dent Seelye to answer the questions put to him was opposed on behalf ot the visitors by their counsel, Judge E. R. Hoar and Judge Asa French. There were two principal ob- jections raised. First, 1t was claimed that the proper course for the trustees to pursue would have been to ask the commissioner, Mr. Grinnell, himself to commit the wit nesses for contempt; second, the point was strenuously urged that all communications taking place in the privacy of the boards sessions are privileged, and can no more be inauired into by judicial process than can the conversations that are held among mem bers of jury in their deliberations. These points were ably Rrged on both sides and the judge reserved his decision.
 The case of President Seely 70 is moi, as some have imagined, like that of witness who under ordinary circumstance, refuses to obey the court which commands him to answer g question. The chairman of the board oi visitors will undoubtedly comply with what ever order the court shall make in the prem ises, But, unless and until he is instructed l by the highest legal tribunal that 1t is hii | duty so to do, he is unwilling to make any | statement that will affect injuriousiy the rep utation of & colleague. Upon the legal as poets of the hearing had yesterday decision l will in good time be rendered by the consti | tuted authority. The trustees, in asking th' | Supreme court to determine whether or no | this evidence should be given, certainly tool 1 the course which seemed most likely to SC cure decision whose justice and wisdom al | parties would acknowledge.
 l The general public will be less interested l in nice questions of law than in the relations l of this particular case to the great oontes out of which 1t springs. How soon the tria on the merits before the full bench will be gin, Is still uncertain. Probably what ma, ! be called maneuvring for position on tn part of attorneys is still far from complete No reasonable person will find fault with tn
 eminent counsel who represent Professo
 Smyth's opponents for the tactics whiol
 they are pursuing. Presumably they kno1
 their clients ease and are the bes judges as to how much light can safely she'
 upon 1t. That larger tribunal before whic
 the issue will ultimately and finally be trie
 the tribunal of public opinion, merely note
 at this stage the fact that thus far only tw
 important hearings have been held on th
 Andover case aimee the visitors rendere
 their decision, and that in each instance th friends of the accused professor asked tha certain facts be made known which his OF l ronanks insisted mon coroaslinq