Arthur David Talbot v. Honorable J. L. McCarrey Jr.

Petitioner seeks a writ of prohibition to prohibit respondent Judge of the District Court for the District of Alaska, Third Division, hereafter the respondent, from taking any further steps in a criminal contempt proceeding against petitioner and a writ of mandamus to compel respondent to vacate an order requiring petitioner to appear and be heard why he should not be held in contempt for perjury.

The proceeding began by an order to petitioner to show cause before the District Court as follows:

“It is hereby ordered that Arthur David Talbot appear before me on Friday, July 30, 1954, at 2:00 P.M. in the afternoon or as soon thereafter as may meet the convenience of the Court and be heard why he should not be held in contempt for making a perjured statement while sworn as a witness in the case of the United States v. Herald E. Stringer, No. A-9150.

“Dated this 27th day of July 1954, in open Court.

“/s/ J. L. McCarrey, Jr.

District Judge”

The case proceeded to the furnishing of the evidence of the moving party when petitioner raised the question of the court’s jurisdiction, which that court still has under consideration.

The petitioner contends that a mere perjured statement…