Hotchkiss

This is an appeal from an order denying a petition for a writ of habeas corpus. The facts, in brief, are as follows: January 16, 1929, an indictment was returned in the District Court of the United States for the Western District of Washington, charging the appellant and six others with a conspiracy to violate the National Prohibition Act and the Tariff Act. We might say in this connection that the appellant was in no wise connected with any of the overt acts charged in the indictment. When the indictment was returned, the appellant was a resident of the state of Oregon, and proceedings were commenced in the latter district for his removal to the Western District of Washington for trial. A hearing was had before a United States commissioner to that end. At this hearing the government offered a copy of the indictment and evidence sufficient in point of law to identify the appellant as the party charged. The appellant then testified in his own behalf that he had been a resident of the state of Oregon for nine years; that he was engaged in the business of farming, or hog raising; that he had not been in the state of Washington for more than a year prior to the return of the…