Ryan

This is a motion pursuant to Rule IV of the Rules of Procedure in Criminal Cases, 18 U.S.C.A. following section 688, with reference to the preparation of the record on appeal for an order directing the trial court to include therein the transcript of testimony given before the Grand Jury which returned the indictments upon which appellants were convicted of having violated the Sherman Anti-Trust Act, 15 U.S.C.A. 1. Among other grounds of appeal, appellants claim that the evidence does not support the findings of the court upon which it adjudged their pleas in bar of the prosecutions should be denied.

The record before us shows that in the proceedings before the Grand Jury leading to the indictments of the appellants they were subpoenaed and compelled by the district court to testify before the Grand Jury and to bring to the Grand Jury certain documentary evidence there placed in evidence. This compulsion occurred although they protested against testifying on the ground that the Grand Jury proceeding contemplated their indictment and that they were immune from testifying under the Fifth Amendment of the Constitution of the United States.

Appellants then severally filed their…