McDonald

This is a hearing on the return of the judge of the United States District Court for the Territory of Alaska, First Division, to an order to show cause why mandamus should not issue commanding him to settle a bill of exceptions in the above-entitled cause. An order to show cause on the petition was issued by this court.

The record before this court consists of the petition, the return to the order to show cause, the answer to the return, and three affidavits attached to the respondent’s points and authorities. All the pleadings are verified. -

There is a sharp conflict as to certain material facts, but, with one or two exceptions, we are adopting the petitioner’s version, so far as it goes.

On May 2, 1931, the petitioner, having been theretofore convicted of murder in the first degree in the District Court sitting at Ketchikan, Alaska, was sentenced by the respondent to imprisonment for life.

On the day sentence was pronounced, the following proceedings were had, according to the minutes of the court: “Whereupon court adjourned sine die, subject to signing a decree in No. 1370 K. A. and subject also to the signing and settling a Bill of Exceptions in connection with an appeal…