If it appears to the court, by affidavit or otherwise, or upon the inspection of the process or warrant of commitment, and such other papers in the proceedings as may be shown to the court, that the party is guilty of a criminal offense, or ought not to be discharged, although the charge is defective or unsubstantially set forth in such process or warrant of commitment, the court shall cause the complainant or other necessary witnesses to be subpoenaed to attend at such time as ordered, to testify before the court, and upon the examination he may discharge such prisoner, let him to bail, if the offenses are bailable, or recommit him to custody, as may be just and legal.