The San Francisco call., 1899-12-10
SEEKS
FREEDOM ON THE
INSANITY PLEA
Tries to Delay His
Sentence.
WAS CONFINED IN AN ASYLUM
WRIT OF HABEAS CORPUS WAS
GRANTED YESTERDAY.

Either San Quentin or the Southern In
sane Asylum is yawning for John PiggOt.
pickpocket and sneakthief. His lawyers
say that Notwithstanding he has been
tried in the Superior Court found guilty
OF robbery and is 10 be sentenced on
Tuesday. it is the latter institution wnich
will claim him and that once arrived
there mere formality will stand between
him and his liberty.
Piggott, who is known TO tile po'Ice Of
the State as the cleVerest and most dan
gerous of the light-fingered fraternity
they have TO deal with, was arrested n
this city in February last upon an IN
dictment brought by the Grand Jury on
the l4th of that month. At the time Of
his arrest he laughed at his captors and
boasted that his pull wou'c free him
from that dilemma as IL had from others.
He made the same boast when taken be-
fore the Police Court on his preliminary
hearing. That he had reason for his
assurance was evidenced by the fact tndt
he had been arrested twenty-eight times
previously on similar charges and ha6 IN
every case escaped punishment by some
'aXity or oversight Of the courts.
But that time Piggott missed his guess.
The Police Court handed him up Tor trial
10 Superior Judge Carroll Cook and he
was subsequently convicted. George -.
Collins. mis- attorney, appealed 10 the Su-
preme Court, but the higher tribunal at-
firmcd the decision of the lower court and
when the remittitur came down ten days
ago Judge Cook granted stay of pro-
ceedings until Tuesday of this week. when
he announced he would pass sentence.
- 1esterday, TO the surprise OF the court
Collins su cd out a writ Of habeas corpus.
which was made returnable Saturday. the
10th inst. The attorney at first decl.ncd
10 say what was behind his unlocked for
action, but later announced that he mad
come into possession Of Information which
would result in the notification of the
charges and conviction against his client,
Piggott. and eventually give him his
freedom.
To back UP his statement Collins DIS
played a certified copy of a commitment
of Piggott 10 the Southern Insane Asylum
made by Superior Judge w. II. Clark of
Los Angeles on December 3. 1881 Pig
gifts mental disease was set down as
delusional melancholia with homicidal
mania. Induced by excessive indulgence
in opium and yen She
Collins claims that although Piggott
was at that time regularly committed. he
never was discharged as cured and that
he probably escaped at a later date. At
any rate he says. the commits ment still
stood against Piggott when he was last
arrested and convicted and claims that al
proceedings against him are null and vOid
on that account. The law provides that
no proceedings shall be taken against any
person while insane and Collins claims
that Piggott never having been Dis
charged. is, in the meaning % the law
still insane.
THE only thing that can be done with
him." said Collins. lis to send him back
TO the asylum: then II he is all right the
authorities there can discharge him rs
cured. But as he has been tried and con-
victed upon a charge while insane he can
not be rearrested upon the same charge
when let loose and will consequently go
al liberty"
Clarence franklin. who swore to the in
sanity charges against Piggott. Is now in
this city and has identified the prisoner
at the County Jail as the man named in
the commitment. He Will be in court On
Saturday next when the habeas corpus
writ is argued before Judge Cook.