Summary
In Ex parte Jaynes, 70 Cal. 639, 12 P. 117, the court held that the subpoena in that case, commanding the witness to search for and produce all messages from and to a large number of persons therein named, between specified dates, did not identify the particular messages required, and hence the witness was not bound to respond, and committed no contempt in failing to examine the papers under his control to ascertain if any such messages had been sent or received.
Summary of this case from In re StorrorOpinion
Application for a writ of habeas corpus. The petitioner is an employee of the Western Union Telegraph Company, having charge of all telegrams transmitted from or received at the offices of the company in the cities of San Francisco and Oakland, and the town of San Rafael, in the state of California. On the 3d of February, 1886, a subpoena duces tecum was regularly issued out of the Superior Court of the city and county of San Francisco, in an action there pending, commanding him to search for and produce any and all telegrams transmitted to or from such places by a large number of persons therein named, between specified dates. This the petitioner refused to do unless the particular messages sought were identified. For his refusal, he was adjudged guilty of contempt of court, and committed to jail.
COUNSEL:
P. G. Galpin, for Petitioner.
JUDGES: In Bank.
OPINION
THE COURT The petitioner was served with subpoena duces tecum, requiring him to produce telegraphic messages, but there was nothing to point his attention to any particular message or messages; he was required to search for and produce all messages from a number of persons to many other persons between certain specified dates. The service of the subpoena was an evident search after testimony. The petitioner was not bound to respond, and committed no contempt in failing to examine the papers under his control, to ascertain if any such messages had been sent or received.
The petitioner is discharged.