The San Francisco call., 1906-07-25
COLLINS WINS HIS
POINT At LAST.
Ruling of Judge Hebbard
Enables Him to Go to
U. S. Supreme Court
GETS ERROR WRIT

George D. Collins scored big point
yesterday morning, the first he mas
gained since his conviction for per-
jury, when Judge Hebbard promised
him writ of error that will bring his
case before the Supreme Court of the
United States next October. 1t had
been thought that the twice married
lawyer had reached the end or his
| fight on technicalittes of the law, but
his persistence and resource of flaw
picking have again served to give him
tussle with prosecutors and courts.
Access to the highest tribunal or the
land is the one thing for which Collins
has been working His writs of
habeas corpus. his applications of bail
and his other legal moves on the court
lcheckerboard have been with one main
idea-to get his question before the
United States Supreme Court. He has
practically won his contention. After
denying the writ Of habeas corpus on
the ground that the questions raised
had previously been decided by Judge
Murasky of the Superior Court and
Judge Harrison of the District Court,
Judge Hebbard allowed a new avenue
for attack on the verdict of the jury.
The ruling of Judge Hebbard grant
ing the writ of error, IS distinct vic
tory for Collins. The question he has
raised involves a Federal point. 1t is
because of this reason that he is able
to secure a hearing in the higher
authority, the Supreme Court at Wash
ipgton, without first proceeding
through the intermediate courts.
Collins claims that 1t was an illegal
proceeding by which he was extra
dited from Victoria on one indictment
and tried and convicted on an indict-
ment brought subsequent to his re-
turn. The writ of habeas corpus was
asked on the ground that Collins was
tried under an indictment other than
that on which he was extradited from
British Columbia. For the State AS
sistant District Attorney Cook objected
on the ground that the same point had
been argued before Judge Murasky of
the Superior Court by the defendant
and also before the District Court Of
Appeal, Judge Harrison rendering the>
decision.
! Judge Harrison was placed on the
stand yesterday morning and testified
that while the point may not have been
contained in the petition for a writ of
heabeas corpus which was denied by
him 1T was argued at length by Collins.
The convicted attorney attempted to
argue his motion, but was shut off by
Judge Hebbard, who remarked:
'Mr. Collins, l cannot allow you to
make a travesty of the evidence of the
District Court of Appeal. Judge Har-
rison testified that this point was dis
cussed. l do not care to hear any
argument. I am not disposed to be
captious, but must find from the evil
dence that the points here raised have
been passed upon by thrs court and the
appellate court I do not care to ao-
pear in the light of reviewing the
decision of a higher court. I deny the
writ and remand the defendant to the
custody of the Sheriff
Collins gave immediate notice of his
intention to apply for writ of error,
and the Judge stated that this would
be granted.
| The writ of error cannot be taken
| up before the next term of the Su-
preme Court which will be held in
| October.