Waley

Appellant originated this case by filing his petition for a writ of habeas corpus on January 2, 1941. The application was denied on April 15, 1941. Upon appeal to this court, the judgment was affirmed. Waley v. Johnston, Warden, 9 Cir., 124 F.2d 587 .

The United States Supreme Court granted certiorari and thereafter the judgment was vacated and the cause was remanded for a hearing. Waley v. Johnston, 316 U.S. 101 , 62 S.Ct. 964 , 86 L.Ed. 1302 . Upon receipt of the mandate of the United States Supreme Court, the District Court issued the writ of habeas corpus and a hearing was had, and thereafter the District Court entered its order dismissing the writ.

The appellant’s contentions are two:

Among other things, the District Court found:

In determining the issues presented, it was necessary and expedient for the District Court, as it is for this court, to have in mind the outstanding facts which entered into and had to be considered in arriving a? the findings, conclusions and judgment.

The appellant admits he was part of a conspiracy in furtherance of which he and his associates kidnapped the young son of J. P. Weyerhauser of Tacoma, Washington, kept him a prisoner, and…