The San Francisco call., 1910-01-13
RETRIAL GRANTED
IN RANKIN CASE
Supreme Courts Decision May
InvaIidate Sentences in
Many Others


Following the supreme courts con-
structiOn of the law. but plainly indi-
eating his dissent from il, Judge Con-
ley yesterday granted Charles c. Ran
kin, stock broker convicted of the
grand larceny of bonds of the Ocean
Shore railroad new trial The rul-
ing Of the supreme court that under
the law adopted al the last session
of the legislature defendant must
be sentenced within five days of>the date
OF his conviction, despite the fact that
ne himself had consented TO continu
ances over a longer period, made it i'm
possible for the Judge to sentence Ran
kin yesterday, he having been con-
victed as far back as September 10,
1909 The fact that each continuance
since then has been upon the written
application of Rankin himself made no
difference.
Drawing to the attention of the judge
the decision of the supreme court,
Charles IT. Fairall. Rankins attorney,
applied for a new trial Immediately
upon the case being called for the SEN
tence of the defendant
Assistant District Attorney James
Brennan, official prosecutor in depart
ment II of the superior court, stated
that he would appeal from the courts
ruling
AuEA1 are ALdHN OLllGI OSLfIludiilS De-
sides Rankin who are hoping TO benefit
by the supreme courts decision. Some
thing approaching q Jail delivery will
be effected if the ruling is invoked by
many convicted men now in state
prison. 1t was stated yesterday by
lawyers familiar with the practice of
the criminal law that there are at
least 100 convicted men in different
parts of the state who were Sentenced
than 2 of
viction, a nd since the law went into
effect. Included in these are the de-
PENDANTS in a number of important
cases, including murder and other Sc
rious charges.
Among the convicted men who may
escape because of the ruling is John
Walter Wilson, convicted of the mur-
der of Harry Bose, to whom he sent
poison through the mails in the guise
of headache powders. Wilson was con-
victed April % and sentenced by Judge
Dunno September %. The delay was
occasioned by long arguments on a
motion for new trial, which was final
ly denied.
Another case in the same category IS
that of Peter Palassou, an aged dairy
man. who was charged with the murder
of his wife by striking her with a
pitchfork, and was convicted of man
slaughter. Judge Cabaniss sentenced
him to nine years Imprisonment, but
the sentence was more than five days
after the verdict of the jury. Carroll
Cook, Paiassou's attorney, said yes
terday that he would seek to have his
client retired.
Charles II. FairaII, Rankin's lawyer,
VINO was the first to discover the point,
is also raising il in the case of Solo
mon Shehady convicted of murder in
Mariposa county He is appealing to
the district court of appeal in Sacra-
mento, and if the application fails on
its merits he Will ask for a new trial
on the ground that sentence was post
poned more than five days after convie-
ton.
The point was raised a second time
before Judge Conley yesterday in the
case of John Griffin, the young man
who refuses to be banished. Griffin
pleaded guilty Of robbery while Carroll
Cook was on the bench and was admit
ted to probation on condition that he
went to Australia for five years. He
got as far as Wellington, N. e., but
was turned back by the immigration
authorities of that country. His case
coming before Judge ConIey he was
banished to Alaska. But he could get
o-hing to do UP there and was re-
Gently arrested IN Utah and returned
TO the custody of the San Francisco
police department.
When Griffins case was called yes
terday Judge Conley said that SEN
tence having been so long delayed it
was not now possible TO sentence him,
following the ruling of the supreme
court. Tho application of Carroll Cook,
who is now Griffin's attorney, that he
be again allowed his liberty on proba-
ti..n. was therefore granted, Assistant
District Attorney Brennan raising no
objection. Griffin will return to the
hcnae of his parents in Santa Cruz.