The San Francisco call., 1905-05-30
MAKES ATTACK
ON GRAND JURY
Collins Files Petition to
Quash Indictment Found
Against Him for Bigamy
SWEEPING ASSERTIONS
Accused Attorney Declares
That the Body's Acts Can
not Be Considered Legal

Attorney George d. Collins, accused of
bigamy, obtained another delay yester-
day by filing a petition to quash the in
dictment found against him. His petition
recites that the said Grand Jury was
not formed or organized in the manner
prescribed by law and is body void Of
authority" He also maintained that the
jurors were prejudiced. Argument on the
petition will be heard in Judge Lawlor' s
court tomorrow morning.
District Attorney Byington has looked
into the points advanced by Collins. He
says there is no flaw in the indictment.
Following are the allegations made by
Collins in the petition:
First-The indictment was not found pre-
scribed by the Penal Code.
Second-The indictment is not indorsed as
prescribed by law.
Tnird-The indictment was not presented as
prescribed by the Penal Code.
Fourth-The names of the witnesses exam
ined before the Grand Jury. are not inserted
at the foot of the Indictment nor indorsed
thereon.
Fifth-The name of the witness whose de-
scription was read before said Grand Jury IS
rot at the foot of the indictment nor indorsed
thereon.
sixth-That a person permitted to be
present during the session of the Grand Jury
when the charge embraced in said indictment
was under consideration who is not within the
exception prescribed by section s25 OF the
Penal Code.
49,
swer before the. finding of the Indictment and
the requisite number of ballots in the forrna-
tion of the Grand Jury were not drawn from
the jury box of the city and county or san
Francisco.
Eighth-The notice of the drawing of the
Grand Jury was not given
Ninth--The drawing was not had IN the
presence of the officers designated by law.
Tenth-Each of the grand jurors concurring
in the finding of the indictment was then, ever
since has been and now is an alien.
Eleventh-In respect to each of the grand Ju
rors concurring in the finding OF the indiet-
ment there then at all times existed on
his part a state of mind in reference to the
case and in reference to this defendant which
prevented such juror from considering Impair
TALLY and without prejudice the substantial
rights of this defendant Each of the jurors
was prejudiced against the defendant at the
time OF finding the indictment and the indlct-
ment is entirely the product or sucn oias or
prejudice.
Tweifth-In investigating such charge in said
indictment mentioned against the defendant
the Grand Jury received evidence other than
that given by witnesses produced and sworn
before them.
Thirteenth-That in investigating the said
charge set forth in the said indictment the
Grand Jury received illegal, incompetent evi-
dence.
Fourteenth-The evidence which the
Grand Jury found the indictment is wholly in
sufficient in law to justify or sustain finding
said indictment and said Indictment is the re-
suit of pas sion and prejudice on the part OF
Fifteenth-rhe Grand Jury was not formed
or organized in the manner prescribed by law
and IS a body void OF authority.
Slxteenth-The persons constituting the al
legged Grand Jury do not possess the qualifea-
tions prescribed by law.
Seventeenth-The body finding the said in
dictment and styled Grand Jury do not con-
stitute Grand Jury within the provisions OF
section 1872 of the Penal Code.
Eighteenth-The said alleged Grand Jury
was not drawn. summoned or returned as re-
quired by law.
Nineteenth-The indictment is not the in
fl,A al
Jury.
Twentieth-The indictment was not returned
into the Superior Court in the manner pre-
scrbed by law
Neither Bert Schlesinger nor former
United States Attorney Woodworth was
in court yesterday. The former, Collins
declares is Sick the latter is out of town.
Collins says they will appear for him.
The members of the Grand Jury have
been subpenaed to appear in Judge
Lawlors court tomorrow morning TO
answer the accusations made by Col
lins.