Walker

This is an appeal from an order of the District Court for the Western District of Washington, Southern Division, dismissing appellant’s petition for a writ of habeas corpus.

Appellant seeks his release from the United States Penitentiary at McNeil Island, Washington, where he is now serving an eight year sentence following conviction for using the mails to defraud. His case has been before this court on three previous occasions ; 1 therefore we will not review its history beyond what is necssary for the disposition of this present appeal.

Upon the filing of the petition the District Court issued an order to show cause. Answer was made by respondent; a traverse was filed by the petitioner. A hearing was had at which petitioner testified and full argument on the merits made. The court made findings of fact and issued its order dismissing the petition. Since the prisoner was present and participating in the disposition of the merits of the peti *29 tion, the court had jurisdiction to dismiss without the unnecessary issue of the writ.

The single question now raised by appellant in support of his petition is whether payment of expert witnesses for testifying at an assertedly illegal…