Craig

Since the present appeal is from an order of the court below denying a writ of habeas corpus, it will be helpful to trace chronologically the various judicial steps taken in connection with the appellant’s case.

On December .19, 1934, an indictment was returned in the court below against the appellant and two others, charging them with violation of the conspiracy statute, 18 U.S.C.A. § 88 . The first count alleged that the defendants had conspired to secure, by corrupt means, dismissal of an indictment and prosecution in which John McKeon and others were charged with violations of 18 U.S.C.A. § 338 , or using the mails in execution of a scheme to defraud, and with a violation of the conspiracy statute. The second count charged the same defendants with conspiring to obstruct justice by unlawfully securing the dismissal of the prosecution referred to in the first count, such dismissal to be brought about by giving money and other things of value to the same federal officials as those, named in the first count. The second count alleged the same overt acts that were set out in the first count.

At the trial under this first indictment, after all the evidence had been introduced and…