Henning

This is a petition for a writ of mandamus against one of the judges of the District Court of the United States for the Southern District of California. The facts, as disclosed by the petition and the return to the show cause order heretofore issued by this court, are as follows:

In the latter part of the year 1921, two indictments were returned against the petitioner in the District Court of the United States for the Southern District of California, Southern Division — the first charging a violation of the Motor Vehicle Act; the second, a violation of the White Slave Traffic Act. On the trial of the first indictment the petitioner was convicted and is now confined in the United States penitentiary at Et. Leavenworth, Kan., in execution of the judgment and sentence of the court. No proceedings were had under the second indictment, and the petitioner had no knowledge thereof until May of this year. On July 28 he filed a motion to dismiss the second indictment or to set the cause for trial. On August 2 an order was entered denying the motion to dismiss and setting the cause for trial on September 21. On August 25 the petitioner filed several motions, including a motion for an order…