The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1909-06-16
LAST OBSTACLE is
NOW SWEPT AWAY
Nothing to Prevent Sheriff TAX
ing George D. Collins to San
Quentin Today

The last legal obstacle in the way of
taking George D.. Collins to San QUEEN
tin to begin his IA year sentence for
perjury has been removed. and this
morning. if nothing unexpected hap
pens, he will be escorted to the state
prison
BY mail yesterday morning Assistant
District Attorney William Hon Cook
received from washington the remit
titur covering the decision of the
United states supreme court in the
case. In its decision the ultimate court
affirmed the state supreme court and
the United States district court in their
refusal of Collins applications for
writs of habeas corpus. Cook had the
remittitur spread on the minutes Of
both the district and supreme courts.
UP TO THE SHERIFF
IF the sheriff does his duty he will
take Collins to San Quentin tomorrow
morning." Cook stated last evening.
| There is now nothing in the world to
prevent him from removing the pris-
oner to the penitentiary. If he does
not take Collins over the sheriff will be
responsible for failure to perform his
|
| ished with the case now, finished alb
| solutely 1t is out of his hands and up
| to the sheriff. Every possible obstacle
to the execution of the judgment of the
| trial court has been got out of the way
and the sheriff can not without derelic-
ton of duty neglect to hand Collins
over to the custody of the warden of
San Quentin"
After Prosecutor Cook had had the
mandate of the highest tribunal in the
nation spread on the minutes of the
supreme and federal courts he took
steps TO inform the sheriff of the status
of the matter. He was unable TO get
into communication with Sheriff Dolan,
but saw Frank Gould, the sheriff's at
| torney.
In Cooks presence Gould telephoned
! to the jaiIer in charge Of the county
Jail, notified him of the receipt and
entry of the mandate, and told him
! that there was now nothing 10 prevent
Collins being taken to San Quentin to
begin his sentence.
Captain sullivan. VINO was in charge
of the Jail last night. stated. when
! questioned, that the notification had
not been received or conveyed to him
but said that If he were so instructed
by Sheriff Dolan he would be ready to
escort Collins to the state prison by the
first boat crossing the bay this morn
ing.
NOT A STAY OF SENTENCE
Assistant District Attorney Cook
states that the action of Collins in APP
pearing in Judge Lawlor's court a week
ago and having the first perjury in
dictment set for retrial July II will have
no effect whatever as a stay to the be-
ginning of his sentence on the indict-
ment upon which he was convicted
Cook has not decided yet whether he
will have that case dismissed from the
calendar When l see that the sheriff
has done his duty and taken Collins to
San Quentin l will determine what
shall be done with the other case" said
Cook
AS to Collins petition to the gov
ernor for pardon that may be heard
while he is in the state prison just as
and can not delay his removal over the
bay.
MORE THAN FOUR YEARS
For more than four years Collins has
! been toying with the courts. He was
indicted for bigamy in April 1905. fol
lowing his denial of his wife, Charlotts
/ Newman Collins, and his mock mar
riage with Clarice McCurdy. District
Attorney Byington brought him &c
! trial, but he fed to Canada. BigamS
being nonextraditable offense he was
indicted Tor perjury ana eAlidulteu
| Tried on that charge, the jury dis
agreed. Then he was reindicted fol
perjury committed during the trial JUS
/ concluded. In the meanwhile Distric'
Attorney Langdon had come into Office
Assisted by Hiram w. Johnson ht
prosecuted Collins and obtained a con,
viction. A sentence of IA years wa:
imposed
Since then every one of the IL de
partments of the superior court ha:
heard from one to six applications foi
a writ of habeas corpus. The case ha!
been before every federal Judge in tn.
state, and before the supreme court anC
| the appellate court Two trips Il
washington by Assistant District At
torney Cook have been necessitated il
order to Offset the tricks of the lawyer
DEATH OF MEMREP OF