The San Francisco call., 1907-01-16
SHERIFF DEF|ANTLY
VIOLATES LAW
O'Neil Ignores Order of Su-
preme Court and Allows
Collins to Go at Large
HIS LENIENCY A CRIME

In open defiance of both the Su-
perior and Supreme courts, Sheriff
O'NeiI has allowed George ID. Collins
to go at large. The convicted at
torney has been permitted to spend
large part of his time about the
law library I'm the Temple Israel, and
the sheriff has laid himself open to
criminal prosecution on n charge for
which the maximum penalty Is ten
$4,000.
Sheriff O'Neil's act is defined by the
Penal Code as permitting an escape,
and the punishment therefor is made
severe. Nor is 1t without a fair warn
ing that the Sheriff has opened the
doorways of the Jail for the free
passage to and fro of a man sup
posed to be held in custody pending
an appeal from a penitentiary SEN
tence. Bail has been refused Collins,
yet he walks the streets unmolested
or sits in the law library as free,
man.
Collins was at liberty on Monday
with no other guard than an oblig-
ing deputy from the Sheriff's office.
The prisoner was free to remain at
large until he himself wished to re-
turn to his cell. Assistant District
Attorney William Hoff Cook made an
objection, and was told by Sheriff
ONeil that he had an order allow
ing Collins to go to the law library
as he pleased. O'Neil could not state
from what court this order had been
issued, but even If such order exists
or was made by any Superior Judge
it is without effect under a ruling
by the Supreme Court on July of
last year.
On July 2 H. N. Peterson. who
wished to have Collins appear in
case as his attorney, petitioned the
Supreme Court for a writ of mandate
to force the Superior Court to allow
the prisoner his liberty for that pur-
pose. The writ was denied. and the
Judgment of the Supreme Court was
plain and positive in its meaning. 1t
not only declared that Collins could
not be given liberty at any time by
the Sheriff. but that he could not
be granted such liberty even on order
of the Superior Court.
The judgment of the Supreme Court
quotes section 1000 of the Penal Code,
which reads:
"A prisoner committed to the Coun-
ty Jail for trial or for examination,
or upon conviction ror a public Of
fense. must be actually confined in
the County Jail until he is discharged;
and If he is permitted to go at large
out of the Jail. except by virtue of
legal order or process, it is an eS
cape"
Continuing. the judgment of the
Supreme Court was, in part, as fol-
lows:
collins is, therefore. to be con-
fined in the County Jail, and the Sher-
iff can have no authority of his own
motion to permit him to appear in
any court or elsewhere or to allow
him to go outside of the Jail for any
purpose. If the Sheriff does voluntar-
lily permit him to go outside. either
with or without an escort, the Sheriff
himself is guilty of permitting an
escape"
The decision also adds that there
is no authority for the Superior Court
to allow the prisoner to go at large
without bail. The penalty for per-
mitting an escape. in the language
of section los of the Penal Code, 'is
punishable by Imprisonment in the
State prison not exceeding ten years
and fine not exceeding 100000.
The District Attorneys office has
entered objection after objection, but
without avail. to the ieniency that
has been shown Collins, and has twice
made such objections matters of court
record. District Attorney Langdon
stated yesterday that ne would not
take the initiative in prosecution
against Sheriff ONeil unless a COM
plant was filed. but that he deemed
the matter of Importance enough to
warrant serious action.