Walker

This is a proceeding in mandamus to compel the respondent, Thomas F. Boyle, as auditor of the city and county of San Francisco, to draw his warrant upon the treasury of said city and county, pursuant to an order of court made for the payment of expenses necessarily and reasonably incurred by petitioner as a witness on behalf of the prosecution in a criminal action heard and determined in the superior court of said city and county.

It appears that the defendant in said criminal action, while in the employ of a bank in San Francisco, embezzled certain American Express Company’s Travelers’ checks which later he converted into cash in New York City. The testimony of the petitioner herein, Harry Walker, who cashed said checks in the city of New York became indispensable at the trial of said action in order that the defendant might be identified as being the person who presented said checks for payment. The importance of having said witness present to testify at the trial was brought to the attention of the court in which said action was pending by the assistant district attorney and the bank’s attorney, the latter being associated with the district attorney in the prosecution of said…