Walker

We have before us for decision an appeal by Clyde H. Walker and Justin B. Sheehy from an order of the court below denying their petition for a writ of habeas corpus. The petitioners were convicted under one indictment, of a violation of Section 338 of 18 U.S.C.A., using the mails to defraud, and under a second indictment, of a violation of Section 88 of 18 U.S.C.A., conspiracy to violate said Section 338. Both were sentenced to serve terms of imprisonment at McNeil Island,Washington, and fines were assessed. The-judgments were entered March 4, 1939, and on the same day a petition for writ of habeas corpus was filed, which -was amended, and the petition filed April 21,, 1939. -

*81 The amended petition for writ of habeas corpus alleged, inter alia, that the trial of the criminal action was unfair; that the right of defendants to compulsory attendance of witnesses was curtailed; that the defendants were not tried on the indictments found by the grand jury in that said indictments were amended or “sealed” by the trial judge; and that the jury was illegally selected.

The criminal eases had been consolidated for trial before the Honorable Edward E. Cushman, the United States District…