Mr. Willis. On what grounds?
Mr. O’Connell. On the grounds that Mr. Budenz had immunity as a legislative witness before the State legislative committee that he was appearing before in the State of Washington.
Mr. Willis. He was not from Washington—not a resident of the State of Washington?
Mr. O’Connell. No; he was a resident of New York.
Mr. Willis. You filed suit against him in Washington at a time while he happened to be there?
Mr. O’Connell. While he happened to be there.
Mr. Willis. But he was there on State legislative business?
Mr. O’Connell. Yes.
Mr. Willis. And therefore was immune from service, and that was the basis for his motion to quash?
Mr. O’Connell. We served the summons on him. My desire was to get a test and a trial on the factual merits.