The San Francisco call., 1906-04-09
JAIL DOORS
SHUT AGAIN
ON COLLINS
Bail Order Illegal
and He Is Re-
arrested.
Assistant District At
torney Cook Presents
an Affidavit.
Judge Graham Nullifies Action
To bon Whom Chomino To
Judge Graham Nullifies Action
Taken When Showing Is
Made to him.

George d. Collins is back in Jail
again. His flight from the Broadway
prison of Saturday night was but that of
bird with a crippled wing. Irregulari-
ties in the court procedure have usually
served to save him. This time they
have sent him back to durancc. His
own weapon-teehnicali been
used against him. 1t was discovered
was illegal. Judge Graham revoked his
own order. fixing the amount and Judge
Murasky's accepting the bond, and two
Sheriff's deputies led Collins back to
the prison.
Rumors concerning Collins have
created excitement frequently, and
yesterday afternoon and part of
the night report was current
that he had fed the city, knowing that
his mother law and her daughter,
who are his sureties, could not be held
on the bond. When Sheriff's Deputies
Gaynor and Ryan, the former book
keeper at fhe Broadway jail, could not
find him at the Hotel Terminus. the
rumor of his flight gained greater
ground. 1t was said at the hotel that
he had gone out with his wife All
rumors were quieted when Collins was
again safe and sound in his old cell.
COOK DISCOVERS ERRORS.
Assistant District Attorney w. Hoff
Cook, who has been assigned 10 look
after the cases of Collins in the Federal
and Superior courts, was surprised yes
terday morning upon learning from the
leased on $4,000 bonds by Judge Muir
asky pending the decision on his ap-
plication for writ of habeas corpus
for his release.
Cook called upon Chief Dinan at once
and informed him that he looked upon
Collins as an escape from the County
Jail. Cook then sent for AL McCabe,
secretary of the District Attorney, and
prepared an application for revoca-
tion of the order admitting Collins to
bail to be submitted to Judge Graham
Cook had previously telephoned to
Judge Murasky, who said he was sick,
but was willing that Cook should make
his application to any other Judge
Under section 1874 of the Penal Code"
said Mr.. Cook, when an application for
bail is made it is laid down that reason
able notice must be given to the District
Attorney by the court. That was not
done, no representative from the District
Attorneys Office having been notified
Again bail, after conviction. is a matter
of discretion with the trial judge, and ap-
plication must be made to him and re-
fused before any other action can be
taken. It has also been decided by the
Supreme Court that prisoner cannot be
admitted to bail till the writ applied for
is returned and the Collins writ is not
returnable till next Saturday. If Collins
should take flight the amount of the
bonds could not be collected from the
sureties.'
JUDGE vACATES ORDERS.
Assistant District Attorney Cook and
Mr.. McCabe called at Judge Graham's
home at 6 o'clock. and the affidavit setting
forth the grounds for vacating the orders
was presented to the Judge. He admitted
the correctness OF the points made, and
after ringing up Judge Murasky, vacated
his own order fixing the amount of bail
and Judge Murasky's accepting the bond
and ordering the release, and directed
Sheriff O'Neil to again apprehend Collins.
Gaynor and Ryan, after learning that
Collins was not at the Hotel Terminus.
went to several places in town where they
thought they might find him. and falling,
took up their station at the hotel Collins
and Clarice McCurdy entered about 10
o'clock. Collins showed no surprise when
he saw the deputies waiting for him and
went with them without comment.
The young woman whom Collins MAIN
tains is his legal and only wife went at
once to her apartments. Though she had
nothing to say about the unkind fate that
again took the man she loved from her
side. she was apparently in a highly ner-
vous condition. That she Is in the condi-
tion preceding motherhood is an interest
ing secret that has leaked out at the
hotel.
Falling Bucket T[fIIs NTuu