The herald., 1898-04-14
GRFfNGARD TO SORROW
BECAUSE HE IGNORED A COURT
SUBPOENA
JUDGE SMITH BECOMES IRATE
And He Speaks His Mind-The Trial
Of Two Youths for Burglary
Proceeds, However

''Mr. williams" said Judge Smith, yes
terday, in open court, II am here to prevent
this county from being bled to death ano
the departments also. I will not permit
you to dismiss this case and allow you to
tile a now complaint against these defend
ants"
Judge Smith was in anything but pleas
ant frame of mind. the occasion being one
of those provoking instances, too frequent
" occurring, of the district attorneys Of
fee being unable to proceed with trial
because one of the most important wit
nesses for the prosecution had taken him.
self Off to some unknown place without
leaving directions where he could be found.
The assistant district attorney wanted a
continuance which the court would not
grant, for the purpose of finding the de-
faulting witness. In this event 1t would be
necessary for a Santa Barbara lady. who
was present as a witness, to come again at
considerable expense.
when did you find out that this witness.
Greengard, was gomez" thundered the
court. Mr.. Williams was meek and mild
"Only just now, your honor he replied
land 1 have sent Detective Mallory to as
certain his whereabouts. "And who told
you of his disappearance" Mr.. Williams
said 1t was Detective Steele. Then Mr..
Steele came in for few leading questions
from which 1t appeared that Michael Green
gard had been gone for several days. The
detective explained to the court that his
numerous duties prevented him from keep
Ing his eve upon all the witnesses needed In
the superior court in criminal cases. Judge
Smith was not appeased, but he seemed to
roncede that Steele was not to blame. He,
however, still refused to take any imme-
diate action in the premises. as the disap-
pearance of the witness seemed to be based
only upon rumors. Detective Mallory now
showed up and he informed the court thai
Mr.. Greengard had gone to San Diego with
another man on a bicycle trip after he had
been duly subpoenaed and was not ex-
pected back before few days.
Mr.. Whitney, counsel for the defend
ants, complained that his clients had been
In Jail for more than thirty days and he
seriously objected to any continuance his
side being willing and anxious to stand i'm
mediately by the issues of the trial. The
court continued the trial until May 14th,
and he ordered the district attorney to pre-
pare an affidavit for a citation for Michael
Greengard. "If the Lord spares my life,
said Judge Smith, II will, should the cir
cumstances justify 1t, make an example of
this defaulting witness that will be of use
to the future generations" He reverted to
the matter again feelingly couple of times
and if Michael Greengard is caught he will
have cause to remember to his sorrow that
fooling with superior court is no Joke.
The defense again offered to go to trial at
once and it having been stipulated that the
evidence of Mr.. Greengard at the prelimi-
nary examination might be read. jury
was drawn. The case which caused all
this tempest was that of Frank Harris and
Edward Welch, couple of young men
who were accused of having burglarlzed
the house Of Mrs. E. M. Lewis, kinder
garten teacher, Of 2103 Thompson street, on
February 18th. While she had gone out her
dwelling was entered, the bureau drawers
ransacked and lot of articles of value alb
stractcd. Three 500 gold pieces and some
small change had also been stolen. De-
tectives Goodman and Steele arrested the
young men In the Elliott house on Second
street the next day and found in their pos
session most of the plunder as we'll as the
money.
The testimony of the missing Michael
Greengard, who is a second hand dealer of
ZIG East First street, when read, resolved
itself into an admission that Welch had
come to his store and asked him to come to
his lodgings to meet some parties who had
some "stuff'' for sale. They went to the
st. George, or Alameda street. In a room
were Harris and several other men and
they offered for sale bracelets, rings. chains
and watch fer which they asked s75. They
finally accepted $40 and he took the jewelry
away. This was later identified as the
property of Mrs. Lewis.
The case will go to the jury today