The morning call., 1894-04-12
HIS REARREST IS ORDERED.
Two Previous Convictions Stand
Against His Name.
JUDGE BELCnER's DISCOVERY
Some UnaccountabIe Error Made in
This Case - The District At
torney's Explanation.

have come to light regarding the criminal
calendar in Department IL of the Superior
Court Judge Belcher has been on the war
path. so 10 speak. lie is now engaged in
investigating cases that have been
dropped. or. at any rate. have mysteri0usly
disappeared from the calendar
The result of this was shown on Mon
day last, when the Judge descended upon
Chief of Police Crowley in person, bearing
in his hand two bench warrants for the re-
arrest of three criminals, whom month
before he had consented to release upon
their own recogniZances.
One bench warrant contained the name
Of James Bowlin, alias Smith. awaiting
trial for burglary, and the other was for
George Shaw and Thomas McDonOugh.
wanted for a similar offeuse.
The first-named case, that of Bowlin. Is
a remarkable one. Bowln was arrested
in company with Fred Goldberg and
James Daily for entering the premises Of
Ii. S. Bridge g. Co.. the Market-street
tailors, and abstracting therefr0m guam
tity of cloth. This was on February 25
1893. ALI three were subsequently held
for trial and their cases assigned to De-
partment II, where Walter D. Hinkle at
that time regned as Assistant District At
torney.
All three cases were frequently con-
tinued until June 5, when Goldberg was
convicted of burglary in the second de-
gree. There were further con ntinuances
until August 10. when DAILY was tried
The jury in this case disagreed, and at
length. on October 9. Daily pleaded guilty
to burglary in The second degree. and was
sentenced to one years imprls lsonment in
San Quentin.
On December 4. Mr.. Hinkle resigned.
and Edgar d. PeixottO reigned, and now
reignS in his stead. From that date to
this Bowlin has never been brought to
trial, despite the fact that two previous
convictions stood against his name. one Of
petty larceny ln May, 1888. and the second
similar conviction in December of the
same year.
Still Bowin's case remained on the cal
endar until March 10. 1894. shen opposite
BOwlin's name on Judge Belcher's calen-
dar appeared the words dismissed on his
own recOgnizance."
The Judge, however, in investigating
matters the other day, found out for the
first time a0out these previous convictions,
and on April he revoked his former order
and issued bench warran: for Bowlin's
rearrest. fixing bail at $1,000. Judge
Belcher said yesterday:
81 was quite unaware that the man, or
lad-I believe he is 16 or II years old-had
any criminal record. IL was represented
to me through the District Attorney that
there was little or no case against him,
and that Bowlin's father had promised TO
look after him. Acting on this represen-
tation | consented to dismiss the case.
Then. when all this recent unpleasant
ness arose | made inquiries, and finding
the lads record. as well as the fact that
his two companions in crime had been con-
victed, [ resolved TO mend matters at once
So ! pared the bench warrants myself,
and inirusting them to no one l took them
myself to Chief Crowley. with strict in
str uctious to arrest the men at once.
"On the day that l released Bowlin l
also released McDonough and Shaw on
the same understanding. l know of no
previous convictions in their cases, but |
was resolved to take no chances and so
ordered them back into custody as WELL
Hen ceforth / will dismiss no more such
cases."
Meanwhile District Attorney Barnes
disclams all intent to check the course of
justice. Mr.. Barnes said last night that
he had some indistinct recollection of the
case, but he did not think the lads record
was very bad.
II have some idea." said Mr.. Barnes
last night, ''that Bowlin was previously
convicted, and that he was sent to Whit
tier-that is, to the best of my memory.
B0wlin's case was placed in Mr.. Hinkle's
hands and afterward entrusted to Mr..
Pexotto To tell you the truth. we
thought that as the boy had already been
more than year in Jail and his old father
had faithfully promised to see that he be-
hayed himself tor the future, we might
safely let him go.
You see, we did not dismiss the case
against him, but merely released him on
his own recognizances, with instructions
that he report from month to month up to
June 1. / did not even know he had been
rearrested.
"1he lad was almost without family or
friends, so that the suggestion that any
influence was brought to bear upon me IS
absurd"
So James Bowlin, like his accomplices,
will have to stand his trial, and through
him George Shaw and Thomas Melon
ough will be rudely torn from their brief
glimpse of liberty.