*2 case indictment of his from guilt. Treat, 205 'United Tinsley See States for the Northern Division Beavers v. Western District of 73, 24 Petition for writ of habeas *3 882; Ed. Henkel, 1, Benson U. v. S. Unverzagt 569, 919; Hyde Shine, v. denying States. petition, From an order 90; 760, U. 50 L. 62, S. 25 S. Ct. Ed. petitioner appeals. Affirmed. Greene v. 183 U. S. C.) (D. In Burkhardt of San Francis- 177; Ed. re C.) 470, co, Cal., 25; (D. 33 F. and John T. Erwin U. S. 37 F. v. (D. C.) Reagan, Seattle, Wash., L. C. R. A. v. Dana 68 F. all 963; appellant. (D. C.) 85 U. S. Karlin v. Thos. P. McCarty, Price v. 89 F. 32 C. A. 162. and John showing against To Asst. U. make such S. his removal Wash. party obviously indicted entitled to a hearing before the commissioner. I find in GILBERT, ROSS, the record appellant no evidence that the in Circuit Judges. the present case had such before the ordering his removal to the district of the state where the indictment appellant pending, although it is con- appeals from the order of the court below upon.the part attorneys tended that denying his of habeas cor- he insisted both the commissioner before and pus. In the set he forth that had upon right. before the court below such It been arrested and before a United is true that the “record contains the return of pursuance States commissioner in of an in- the marshal to the habeas that dictment found the District Court case, in was issued in which it is stated United States for the Western District to the defendant indictment —the York; New his the commissioner denied taken before Unit- right testimony disprove to introduce —“was Radley, ed States W. Commissioner F. probable cause and show that he was Bellingham, May 1, 1924, Wash.,. who on guilty indictment; in the determined that there cause to offered no evidence the crime believe” that he committed before the commissioner to the alle- against him that has in the indictment been gations the commis- appears, all that such mentioned. For de- sioner bond may termination have in appear the sum of’ $10,000 to upon been made evidence Court of the States for the 'afforded the indictment. It York; does not at Western District my opinion, uppn petitioner’s bail, refusal indicted said any hearing given party char- he was remanded the commissioner to cus- removal, application unlawfully tody, acter and was detained and re- which, strained, liberty by essen- jurisdictional. It tial and marshal for the was not that a final before the had been commission- had er probable cause, or that an order of been made removal had UNVERZAGT UNITED STATES. upon transcript lower appears record which before us Court of an order of June and before the court No. taking present ap- prior four months «g=>I0 who executed bond —One peal, presented executed and appearance conditioned on in other district that court his bond sum of $10,000, corpus proceedings. could not maintain personal appearance conditioned his Where whom the District of the United for removal for trial instituted, bond conditioned on his executed States for the Western New York personal appearance before court of other dis- day on the first of the next" term of said indictment, to answer the execution and court to answer acceptance precluded right his bond approved accepted the bond was by the