The San Francisco call., 1906-08-14
THREATENS TO KILL
JUDGE HEbbARD.
Turist Receives Anony-
nous Note About
George Collins Case
PERJURER BALKED

"If you release this scoundrel Collins
you will meet with instant death. 1 am
writing on behalf of the children
From an anonymous letter received by
Judge Hebbard after his order admit
ting George ID. Collins to bail was made
some weeks ago.
George D. Collins is once more to be
considered as an indefinite guest of
Sheriff O'Neil. Judge Hebbard, who on
July "a declared in no uncertain terms
that Collins was entitled to bail, yes
terday rescinded his order admitting
the convicted lawyer to bail and an
nounced it as his opinion that the Su-
preme Court will turn down the writ
of error granted by him. In announcing
his decision Judge Hebbard declared
that he was swayed neither by anony-
nous communications, in one of which
his life was threatened. nor by articles
in the public press.
When seen in chambers Judge Heb
bard admitted that letter In which he
was thTeatened with death If he al
lowed Collins to go at liberty had been
received. He stated that he attached
no Importance to the communication.
and as a matter of fact had torn it up
Immediately upon its receipt.
HEBBARD GIVES REASONS.
- Judge Hebbard now declares that
while he finds from the record that a
Federal question was involved, he did
not pass upon the question either for or
against the defendant. He says that
because of this he is satisfied that the
Supreme Court will deny the writ of
error, and therefore it would be unwise
to grant Collins his liberty under
bonds.
But the writ Of error cannot be re-
called, having been signed by the Judge
and certified to by the Clerk Of the Su-
preme Court. Collins is now in a po-
sition to force the issue in the highest
court of the land, although he will be
unable to appear in person. should he
have so desired. Collins declares that
Judge Hebbard did pass upon the Fed
eral question involved To prove it, he
cites a part of the record. In the trans
cript it appears as follows:
William Hoff Cook-There is a oues-
tion about the authority of this court
fused to pass upon the Federal ques-
tion and has not determined anything
th91 1dge Ras nGe RebbardpBaf Informally iI
must have passed upon it, and will
now hold 1 have passed on all these
questions.
DECISION OF COURT.
Judge Hebbard's decision yesterday
was as follows:
Ine record In the maLIer OF george
D. Collins on habeas corpus in this de-
partment of the court has been made
up seems to be full and correct. find
from that record that while Federal
question was involved and presented
in petition for the writ, and because
of which I granted the petition for
writ of error to the Supreme Court Of
the United States and fixed bail, that
did not decide that Federal question
against said petitioner nor did decide
1T at all.
WRIT OF ERROR FUTILE.
The denial of the writ of habeas cor
pus was wholly upon the doctrine OF
res adjudicata-the record affirmative
had been previously raised and decided
adversely to the petitioner by Judge
Murasky of this court and by the Dis
trict Court of Appeals of this district;
the writ solely upon this ground. It
follows therefore that while the petit
record therein, and he may, If he now
preme Court Of the United States, it
appears that that court will grant him
no relief in such proceedings, for 1t Is
the law. as laid down by that court.
That when 1t appears that the de-
tiff in error upon two independent
question, the supreme Court will dis
erai Practice, page 11s7.
In this proceeding the reason for the
Court would be stronger, because here
there has been no ruling adverse to
the petitioner upon the Federal ques-.
ton It seems TO me that the writ Of
error ought to be taken from an ad-
verse ruling of court or Judge at lib
erty to entertain the Federal question.
For the foregoing reasons. the order
admitting the petitioner to bail is set
aside.
District Attorney Langdon announced
yesterday that he would instruct As
sistant William Hoff Cook to proceed to
Washington the second Monday In Oc-
tober for the purpose of moving before
the Supreme Court that the writ OF err
ror sued out by George D. Collins be
dismissed. If this is accomplished Col
Inns will have no alternative other than
tc commence the serving of his term of
fourteen years in San Quentin.