Merrill

This is a petition for a writ of review. The facts are briefly as follows: On November 2, 1916, there was filed in respondent court the affidavit of Joseph K. Hutchinson, one of the attorneys for the plaintiff in the action of California Trona Co. v. Harry E. Lee et al., pending in the superior court'of the state of California in and for the county of San Bernardino, showing that summons had issued therein and had been duly served on all the defendants therein; that petitioner B. H. Merrill (one of the defendants) was a necessary and material witness for plaintiff, and that said witness resided out of the county of San Bernardino and more than fifty miles distant from the place of trial of said action, and in the county of Alameda. Upon the filing of this affidavit an order was made directing subpoena to issue, and the clerk of respondent issued a subpoena as directed, requiring the attendance of petitioner before H. B. Denson, a notary public, on November 9, 1916, at his office in San Francisco. The subpoena was duly served on petitioner and a witness fee of $2.50 paid him, on November 3, 1916. Petitioner failed to appear at the time specified in the subpoena, or at all. This…