Ex Parte Reily

This is an original proceeding in habeas corpus. Petitioner alleges he is unlawfully restrained by the sheriff of Pottawatomie county on a judgment of direct contempt imposed by the district judge. That such judgment is a denial of a constitutional right to he heard before the imposing of punishment. This court issued a writ directed to the sheriff returnable November 24, 1936. No return has been filed.

The transcript of the proceedings showing that petitioner, as an attorney, was engaged in a trial at the time of the contempt adjudged is in part as follows:

“By Mr. Monnet: Q. But you had1'…