In re Howell

Henshaw, J. 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 to the commissioners a statement of the assets and liabilities of the bank, and as part of the assets there was an item of $176,000 for loans and overdrafts. A statement had likewise been prepared showing in detail the items which composed the $176,000 loans and overdrafts.

These items were made up of the names of the bank’s debtors, alphabetically arranged, and opposite each name was set down the face value of the indebtedness. The total amounted to the sum of $176,000.

The cashier was charged with having falsely sworn that the loans and discounts were of the value of $176,-000, “ whereas in truth, and in fact, the value ,of such loans and discounts was not then and there of the value of $176,000.”

The principal witness in support of this charge was J. B. Fuller, one of the bank commissioners. His testimony in chief amounted substantially to this, that, with the statement in his hand showing in detail the debtors of the bank, he interrogated the cashier as to the value of each item on the list, and that the cashier told him that the claims were collectible and good. It is not pretended that the cashier ever swore that the value of the loans and overdrafts was $176,000, but that lie made representations, while under oath to the bank