The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-03-07
NEGLECT OR KNAvERY.
He Fails to Appear in Court
After a Jury Had Found
Him Guilty.
THE JUDGES SUMMARY ACTION.
Refuses to Receive the Verdict, Dis
charges the Jury and Orders
the Culprit's Arrest.

TACOMA, Wash, March 6.-By over-sleep-
ing this morning Jack" Forbes, whom
the customs officers regard as notorious
smuggler, saved himself an immediate
term of Imprisonment, and after two trials
gets his case postponed until next June
1t was one of the most lucky things that
ever happened to prisoner. The Govern
ment had made strong case, and the Gus
toms officers were actually betting on con-
viction. The jury, after being out twenty
four hours without sleep, brought in a YER
dict of Guilty" Yet Forbes is at liberty
on bonds
He is charged with smuggling in 40
pounds of opium, worth $1,000, which Gus
toms inspectors seized in February, 1894,
at lodging-house. A feature of the trial
was the sensation created by his former
landlady, who swore that Forbes told her
OF having the opium, and that the morning
after the seizure he told her about it and
said he had lost thereby lot of money.
This evidence clinched the Governments
case.
Forbes release came about this way.
Just before noon to-day the jury filed into
the courtroom with its verdict. The court
asked if Forbes was present and found he
Was not. 1nlS created surprise.
A few minutes after u o'clock Judge
Hanford issued bench warrant for Forbes
arrest and ordered it served. At 1910 he
instructed the clerk to call the bondsmen
and notify them to get the body of defend
ant in court within ten minutes, stating
that otherwise he would discharge the jury
without receiving its verdict. The names
OF the bondsmen, who are Miles Gibbons
and /. D. Hill, were called, but they were
not present.
lie Roy Palmer, attorney for Forbes
offered to guarantee that the prisoner
would be on hand at 1 o'clock and asked an
hours adjournment. Every one in the
courtroom listened with breathlessa atten-
ton, realizing that for the defendant at
east the moment was critical one.
The court did not see TT to extend the
time, and ten minutes later he ordered the
default OF defendant and his sureties en-
tered and judgment entered against them
for $1,000, the amount of the bail The jury
was then discharged. BY this time it was
learned that the defendant had oversight
himself, having remained in court until
1l:20 the night before waiting for the jury
10 come in. Half an hour later Forbes
was arrested on a bench warrant and taken
TO the Marshal's office. His case was con-
tinued to the June term OF court and bonds
fixed again, which he secured this evening
Tomorrow their approval will be asked.
The jury looked crestfallen when they
learned that their verdict had come to
naught. Sixty ballots were taken before
that conclusion was reached. On the first
ballot the jury stood seven for conviction
and FIVE for acquittal. AT midnight Tues
day night the jury stood 9 to 8 in favor of
conviction. This was the second trial of
the case. The first trial was had on Febru-
ary IA, when the jury disagreed.
The practical effect of the discharge of
the jury was to give Forbes another chance
to maintain his liberty, and what is con-
sidered strange is that this results from his
own negligence. He will have to pay the
costs of the last trial.
Attorney Palmer tonight filed motion
to set the judgment against Forbes and the
bondsmen aside, the motion being accom-
panied by the affidavits of himself and the
bondsmen that the default resulted from
Forbes oversleeping and not from wanton
negligence. Forbes is good-looking, with
features which bespeak grim determina-
ton. He is said TO be known up and down
the coast among smugglers.
1t is rumored tonight that Forbes abb
sence at the critical moment was the result
of trick, and that the plan was laid this
morning after the defendants friends had
learned what the jury's verdict would be-
He is said'to have wealthy hackers who will
be willing to save his liberty by paying the
$1,000 bonds if his attorneys cannot succeed
in getting the court to set the judgment
aside. Men about town are inclined to be-
heve this story.