The San Francisco call., 1897-07-28
A NEPHEW
OF RAIuEY
Goes FREE
The Governor Has Par
doned Burglar Dave
Smith.
fhNVN DVhnD NUl VVNNUAlLD.
No Reason offered for the Ar
bitrary Action Of the
Executive.
one WAY OF SEALING A COMPACT.
Smith Had Served but Three Years
Out of Eight and Has No
torious Record.
one WAY OF SEALING A COMPACT.
Smith Had Served but Three Years
Out of Eight and Has No
torious Record.

There seems to be no limit to the friend.
ship that has suddenly grown up between
Governor Budd and Sam Rainey. The
executive has gone SO far in his efforts to
please the boss as to pardon one OF the most
notorious burglars that ever was called
upon to do time. What's make the affair
still more interesting Is the fact that the
released convict is a nephew of Rainey.
Dave Smith is the man who has been
restored to liberty. The order opening
the doors of San Quentln for him was
made late yesterday afternoon by the
Governor in Sacramento. The action was
an arbitrary one, and no reasons were ad-
vanced by the executive. Moreover, it
was taken without any consultation with
the Board of Prison Directors, which in
itself is proceeding so extraordinary as
to excite comment at aLy time.
1t is customary when Governor takes
it upon himself to pardon convict to
give elaborate reasons for his work. Only
in cases of extreme emergency has this
example been resorted TO. What the dire
circumstances are that called for Smith s
release at this time, when he has still five
years of an eight years sentence to serve,
is secret that will probably remain be-
tween the Stockton statesman and the
local boss Of the Democracy.
Smith was convicted in 1894 of burglary
before Judge Belcher after a rather spirit
ed trial. His crime was committed dur
ing the height of the gubernatorial cam
paign, his victim peing no less a person
than NJ. NJ. Estee, the Republican candi-
on stumping tour in the northern part
of the State. His residence at 1001 Leav-
enworth street was left in charge OF the
servants. Smith was not slow to lay his
plans.
In company with a confederate named
Botkin he appeared suddenly before the
Estee mansion one afternoon during the
absence of the housekeeper and, gaining
admittance by a passkey, proceeded to
ransack the place from top TO bottom
They even had the effrontery to ring
telephone for an express wagon, into
which they loaded the booty. Accumu-
lations Of thirty years on the part OF Estee
disappeared.
Heirlooms, mementos of ali sorts, brica-
brac gathered in many places, jewelry and
plate were loaded into the wagon as so
much freight in broad daylight. Among
the articles taken were the EN- blems pre-
sented to Estee as grand master of the
Masonic lodge at several cornerstone
cere onies. Even the clothing of the
mem bers Of the household was taken by
the thieves.
The booty was disposed of in pawn
broking shops for what it would bring,
and it was through this avenue that the
police gained the clew that ultimately re-
suited IN the arrest of Smith and his COM
panion. All OF Rainey's influence was
brought to bear to save his kinsman from
the penitentiary, but in vain. The pris-
onsrs were sentenced to San Quentin for
eight years each after pleading guilty.
Previous TO his conviction Smith had
borne an uEenviabls record. Through the
influence OF his uncle he had obtained a
position as driver of engine 3, but his con-
duct and predatory habits were too pro-
nounced for the late Chief Scannell. and
he was discharged after a short period.
Rainey next got him position under Aa-
sessor Holz, but he soon drifted back to
his old habits.
His antecedents he carefully concealed,
but it was known that he was the son of
the notorious Maggie Smith, who gained
fa me as a keeper of Morton-street house.
At one time he kept resort on Howard
street, near Third, which in time became
so notorious that the police refused him a
license.
Governor Budd's action is surprise to
his friends. 1t has been known for some
time that he and Rainey had Joined
forces, but nobody supposed that he had
so far fallen into the clutches of the boss
as to pardon Dave Smith. The prisoners
friends have been confident for some days
past that he would be released shortly,
but the arbitrary action of the Governor
in granting the pardon without consult
ing the prison board has astounded even
them.
How Rainey will pay the debt of the re-
lease OF his notorious kinsman remains to
be seen.. Budd has the itch for office, and
of course the Democratic boss may be re-
lied upon now TO throw his forces in favor
OF the man from Stockton. Interesting
developments are looked for.
The Prison Directors, it is reported, are
about 10 rebel at this nigh ri1ing over
their heads. But possibly after all Rainey
may be able to avoid such com p.ications.
With the headquarters of the Democratic
machine transferred to Sacramento Chair
man Alvord and his State Committee
purists are preparing for glacier