Carpenter

The defendant, W. F. Sibley, was the sheriff, the defendant, A. H. Ashley, the district attorney, and the defendant, George F. McNoble, the assistant district attorney of San Joaquin county during all the times mentioned 'in the complaint. The Fidelity and Deposit Company of Maryland was the surety on the official bond of said Sibley, and John N. Stennett, the other defendant, was, it is alleged in the complaint, “a thief and perjurer who bartered his testimony to other defendants herein for immunity from crime. ’ ’

Among the allegations against these defendants is that “they corruptly, maliciously and without probable or any cause prosecuted plaintiff before the grand jury and before a trial jury in the superior court and on appeal before the supreme court for the crime of subornation of perjury and whereby they obtained a judgment of conviction against plaintiff by means of fraud, coercion amd by false and perjured testimony.” Plaintiff was convicted and sentenced to the penitentiary for five years, but the judgment was reversed by the supreme court. (People v. Carpenter, 136 Cal. 391 , [ 68 Pac. 1027 ].) The said criminal action was thereupon dismissed by the district…