Davis

Petitioner for a writ of certiorari, also moving for release on bail, a prisoner in the custody of respondent, warden of the United States Penitentiary at Alcatraz, California, has pending here the above entitled appeal from an order denying his petition for a writ of habeas corpus. The ground of the order denying the petition is stated in the order to be “because of the petitioner’s contumacious conduct in court.”

Appellant’s petition for a writ of certiorari seeks to have included in the record in the appeal various letters to and from himself and the judge and various other documents claimed to tend to show that his statements should not be regarded as contumacious. It contends petitioner’s conduct was provoked by the alleged action of the trial judge, causing a state of mind in petitioner which in turn caused the petitioner’s otherwise contumacious statements. It also is claimed that petitioner was at one time adjudged insane.

The transcript of the hearing on the petition for habeas corpus shows that the documents now sought by the writ of certiorari were not offered in evidence or there mentioned. We cannot by the process of certiorari create a record of proceedings at a…