Ex Parte Clarke

—The petition herein sets forth that while a certain cause entitled Charles Erickson, doing business under the name of Charles Erickson & Co., plaintiff, v. Stockton & Tuolumne County Railroad Company, a corporation, defendant, was on trial in the superior court, the petitioner herein was called as a witness for the plaintiff in said cause and testified that he was the secretary of the defendant therein, and had charge of said defendant’s books; that the issues in said cause were those presented by the" pleadings therein which are attached to and made a part of the petition; that petitioner,…