The San Francisco call., 1905-05-16

Evidence In the possession of District
Attorney Byington and the Grand Jury
shows that Smith, the defaulting Tax
Collector, has hidden at least S20,0e0 of
his steaIings. Smiths advisers refuse
to say whether OF not he will plead
guilty. The defauIter was brought
fnce to face with Devote yesterday, but
refused to admit TINT he had received
$15,5eo from him. The police are trent
fng the criminal with extraordinary
photographed, according to custom.
James b. Smith will not be allowed to
be present at Grand Jury consultations
on his brothers case. The crtminaPs
wife will visit him to-day.
Edward ]. Smith, the defaulting Tax
Collector. is held on two charges of fell
ony embezzlement, with bail fixed at s2D.
0oo. He was brought into Judge Lawler' S
court yesterday for arraignment but
pleaded for time and was granted a con-
tinuance until Tomorrow. His brothers.
his attorney, James A. Ballantine and
the prisoner himself refuse-to say wheth-
er or not he will plead guilty.
The consideration with which the pris-
oner is treated by the police has caused
much comment. Where an ordinary felon
after being charged would be immedi-
ately photographed and numbered, 1t was
decided to omit this humiliation in
Smiths case
''It is unnecessary" declares Captain
Burnett I'VE have some pretty good
pictures of Smith already. It's no use to
photograph him again Z
I'VE won't have any pictures of him
taken to-day said Chief Dinan.
Yesterday afternoon. before DISTRICT
Attorney Byington was through with the
prisoner. Jack Craven, politician and
friend of Phil Crimmins. was admitted TO
Smiths cell. The desk sergeant would
permit no one else to go near him while
Craven was there. When Smith was
taken from his cell for a final interview
ing his brother, Craven accompanied
him.
This matter was called to the attention
of Byington and Foreman Andrews of the
Grand Jury, the latter of whom arrived
from Los Angeles yesterday afternoon.
Both were greatly incensed over the oc-
currence and this proceeding will be
thoroughly investigated by the foreman
of the Grand Jury.
II do not care to criticise the police =
said Foreman Andrews. but Mr.. Bying-
! ton and / were astonished when we heard
that this man, Jack Craven. had been
permitted to see Smith,"
Byington left orders with the Chief of
Police that no one but Smiths brothers
and his attorney were to be admitted to
his cell last night.
MAKES SHOW OF BRAyADO.
Since the defaulter has consulted his
attorney and his brothers he seems to
have conceived the idea that in spite of
all he may yet be saved from State
Prison. His attitude changed yesterday
to one of bravado.
When he was taken before Judge Law
lor for arraignment he seemed to be
braced for the occasion. There was an
effort at appearing nonchalant and he
attempted once or twice to smile.
Attorney Ballantine declared that his
client was not yet ready to make his
plea and asked for a postponement. Law
lor set tomorrow morning at 1870 as the
time.
District Attorney Byington then took
the defaulting Tax Collector into Cap
tain Burnett's office, where he was given
a thorough sweating. Byington is abso-
lutely certain that Smith has cached
somewhere the major part of the vast
amounts he has stolen rom the city, and
began to question him on what had be-
come of the money.
The prisoner was surly and at first re-
fused to answer any of the questions put
TO him by Byington. He seemed to feel
that IL was an imposition that he should