In re Howell

The petitioner, John W. Howell, after examination before a justice of the peace in the county of Merced, upon a charge of perjury, was held to answer before the superior court of said county upon said charge.. He claims that his imprisonment is illegal,-in that he was committed to the custody of-the sheriff of the county upon the charge of perjury without reasonable, probable, or any cause, and, in substantiation of *251 this claim, a transcript of all the evidence taken before the committing magistrate is brought before this court for consideration and review.

It appears from this evidence that the petitioner was cashier of the Merced bank. At the time of these occurrences the Merced bank was in liquidation. The bank commissioners of the state sought to learn whether or not the bank was actually insolvent, or whether by allowing it to continue in business it would be able to realize upon its assets and meet its obligations in the course of business as they fell due. For the purpose of acquiring this information, the said John W. Howell was put under oath by the commissioners, and interrogated as to the condition of the affairs of the bank. There had been prepared and presented…