The San Francisco call., 1909-05-23
COFFFYS BAIL
PLANS BALKED
BY HOFF COOK
Assistant District Attorney Re
quires Statutory Notice of App
pIicatiOn From BOdIer
City Physician Reiterates 0pin=
ion That Removal From COun=
ty Jail Is Necessary

Informed in no uncertain tones by
william Hon Cook. assistant district
attorney. that the prosecutors office
would not consider the release Of the
nvicted boodling supervisor Michael
W. Comey from the county jail eN
oept in due legal form. Franklin p.
Bull attorney for the prisoner has
temporarily postponed his application
FOR admission TO bail II has also been
announced that the application viii be
strenuousIy objected to when it comes
up for hearing. on the ground that
Coneys alleged ailment can be treated
without any trouble at the county Jail
or in the county hospital. where the
boodler would be in the custody of the
sheriff.
Attorney Bun informed Assistant
District Attorney Cook. who prosecuted
Coney. for the first time yesterday
morning that he intended TO apply TO
Judge Dunno during the morning
session OF court for the release of
Cofey on bail on the ground that it
was necessary for the prisoner TO
undergo an operation. Cook at once
informed Bull that be would not con
sent to any hurried or informal pro-
ceedings which had for their object
the release OF the prisoner.
REGULAR NOTICE REQUIRED
II have hitherto received no notice
Of any such intention on your part
said Cook and I viii recognize moth
ing except the statutory notice Of such
application.
Nides THAI IN case of an application
for admission To bail the district at
forneN's Office must have ''reasona Die
notice which terms IS usually con
strued as five days.
Bull appeared in Judge Dunne's court
during the morning session, but did not
submit the application for bail which
had been prepared by him in conjunc-
ton with q letter to the court from
Dr. Frank Branson Petrie, Cofey' S
family physician.
CONDITION NOT SERIOUS
Regarding any application for Cof-
feys admission TO bail said Cook
last night we viii insist on the statu-
tory notice, and if such an application
is made we viii oppose 1t on the ground
that there is not sufficient cause for
such action.
If the court deems such a course
warranted by the facts, az order will
undoubtedly issue directing the sheriff
10 have the prisoner taken 10 the
county hospital, where there are ade-
Quate facilities to treat his case We
viii oppose his admission 20 bail. be
cause his physical condition has been
reported not TO be at all serious"
In accordance with the arrangement
made with DR.. Petrie Friday. DR.. James
r. Watkins. city physician held a con-
sultstion with Coneys family physician
Al the county Jail yesterda morning
and later gave out a statement in which
he reiterated the opinion expressed by
him and published in yesterdays Cail
No REASON FOR REMOVAL
Il examined Coney this morning,
said Dr. Watkins. and / can not see
any sufficient reason for removing him
from the county Jail His ailment is
one which has been chronic, and will
Weld to very simple treatment. He is
in no danger whatever. i would gladly
indorse the move TO have Coffey re-
moved from the jail TO a private hospi-
faI IL L thought that he were seriously
il1. but I can not indorse any diagnosis
Of dangerous ailment in his case at this
time"
IT is understood that Bull viii serve
legal notice OF application for bail on
the district attorneys Office Monday
and the matter win then be taken up IN
ffs regular course.