The San Francisco call., 1908-07-18
SECURES WRIT FOR
JOHN CLAUDIAN[S
Attorney Scott Resorts to Ha-
beas Corpus in Effort to
Free Prisoner
LangdOn Is Prepared to Enter
Charge Against Confessed
Dynamiter

A writ of habeas corpus made
returnable at IL O'clock Monday,
July 20, before Judge Carroll Cook,
was issued in the superior court
late yesterday afternoon in be-
half of John Claudianes upon the petit
tion of Attorney James w. Scott rep
resenting the young Greek accused OF
dynamiting the property of James L.
Gallagher, chief witness in the graft
prosecution
1t was Scott's intention to serve the
document on Chief of Police Biggy, who
was named as respondent. early this
morning. Should CIaudianes be in the
custody Of the local police when the
writ is served he can not be trans
ferred to the custody of the po-
lice authorities of Oakland until
after a hearing is had in the SUI
perior court before Judge Cook.
Should the hearing be held the first
public showing of the district attor-
ney's Office against the mysterious
prisoner will have to be made.
CHANGES APPLICATION
Scott had intended to have Claudi-
anes in his own name, make the petit
ton for release on habeas corpus, but
when he called at the-eity prison
shortly before 5 o'clock in the after
noon the prisoner was out in an auto
I IlQUllC UAQCI' the MdlCnlQl eyes u CpS-
! cial Agent Burns. So Scott changed the
form of the application for the writ and
petitiOned il his own name He first
called upon Judge Sturtevant but he
would not handle the case. Scott found
/ Judge Carroll Cook in his chambers.
After informing himself of the legal
form Of the petition Cook issued the
order returnable Monday at IL o'clock.
/ The office of County Clerk Mulcrevy
was closed and Scott went to the home
of that official in Haight street. arriv-
ing there at 1880 O'clock. Mulcrevy
4 accompanied the attorney to the county
clerks Office in the Grant building and
Ithere made out the formal order on
Chief of Police Biggy Ito produce the
/ body of John Claudianes" in court.
SCOTTS TASK DIFFICULT
Attorney James w. Scott found his
path filled with thorns when he at
/ tempted yesterday to secure a writ of
! habeas corpus for the release of John
! Claudianes Early in the afternoon he
called to see his client, but was re-
/ fused admission to the Jail by Captain
1 of Detectives Kelly. Scott at once de-
manded a warrant for Kelly's arrest
under section S25 of the penal code,
which provides that any one prevent
! ing a client from receiving his attor-
ney is guilty of a misdemeanor
! While this trouble was still unset
tied Chief Biggy arrived and issued
! the desired permit ~end Scott held a
I short conference with Claudianes. He
returned again at o'clock with a no.
/ tary public and a blank petition for a
writ of habeas corpus, but found that
his client had been taken out of the
! Jail by Special Agent Burns. He then
swore to the affidavit himself but it
was late in the evening before he
writ could issue, the order being
/ finally made by Judge Carroll Cook.
READY TO CHARGE PRISONER
At a conference in Oakland between
/ District Attorney William H. Langdon
and Captain of Detectives Petersen of
the Oakland police it was agreed that
| should the local authorities be pressed
by writs James L. Gallagher would
! promptly cross to Oakland and swear
to a warrant charging Claudianes with
dynamiting the Nineteenth, avenue
home of Gallagher in Oakland and the
dwellings at Adams point jointly
/ owned by Gallagher and George Nc
| Crea, the architect. Captain Petersen
| still doubts the Claudianes "confes-
sion" and will be in no hurry to adj
wise that a warrant issue in Alameda
county.
Attorney Scott said last evening that
should Claudianes be hurried over to
! Oakland before Biggy could be stopped
with writ he. too, would cross the
bay and reopen litigation on that side.