738 FEDERAL REPORTBB. �second of June, 1880, and give testimony under said section 2782, and to bring with'l^im the booksof account of your orator shomng the amount of deposits in your orator's bank on the day preceding the second Monday of April, 1880, and the names of its depositoraVand the amounts' deposited by eacb; that in obedience to said order B<Aert McCurdy, your orator's president, did appear before said auditor as com- manded,, and subihitted hiijiself as a witness to testify, but did not produce before said auditor said books of account, or an;^ bf theni, and, under advice of coiinsel, refused to pro- duce the same ; that thereupon the said James B. Hughes, though not objecting, but assenting, to the appearance and offer to testify of said Eobert MoCurdy in place of said Will- iam H, Baldwin, cashier as aforesaid, advised and encour- aged thereto, and aided by the said Monroe W. Johnson, prosecuting attomey for said Mahoning county, and pretend- ing to act by authority of section 2783,- ilevised ' Statutes of Ohio, did, on the twenty-fifth day of June, 1880, applytothe probate judge of said Mahoning county to issue a subpœna for the appearance of the said William H. Baldwin, as cashier as aforesaid, before said probate judge, and to bring with him said books of account of your orator," and "that in compliance with the application of said auditor the said pro- bate judge did, on said last-named day, issue and cause tobe served upon said William H. Baldwin, as cashier of your orator, bis subpœna, commanding said Baldwin to appear before him to testify, and to bring your orator's books of account showing the amount of deposits in your orator's bank on the day. preceding the second Monday of April, 1880, and the names of its depositors, and the amount deposited by each; that the said William H. Baldwin is now, as such cashier, under said subpœna, commanded to appear before said probate judge, and there to produce said books of ac- count of your orator, and the said James B. Hughes, auditor, and Monroe W. Johnson, prosecuting attomey, threaten that they will, and they are about to, insist before said probate judge that the said William H. Baldwin shall testify, under oath, as to the amount of deposits in said bank on said day, ��� �
