The San Francisco call., 1905-05-16

-t e.. .
what the plea would be. James B. Smith
declared that his brother had not time
for consultation with hfs attorney, but
that he would announce the plea to-day.
The general opinion is that Smith will
plead guilty, but that is still uncertain.
Since his arrival in the city the default
ing Tax Collector has assumed the brav-
ado of the ordinary thief and may enter
the Plea of not guilty.
James E. Smith and Attorney Ballen-
tine held a long consultation with the
defaulter in his cell last night. They re-
fused, however, TO announce what plea
would be made by the defauiter.
WIFE WILL FORGIVE HIM.
The wife of the disgraced Tax Collec-
tor Is anxious to see and forgive the man
who brought shame on her and her child.
She applied for permission to visit him
in his cell yesterday, but was advised
to postpone the attempt.
The faithful wife is even willing to
forget the hideous insult he flung at her
when he left with a woman of the half
world. Though he has placed himself on a
level lower than that of the meanest
sneak thief that ever entered the Hall of
Justice the wifes fidelity is not broken.
Smith was told yesterday that his wife
wanted to see him A shiver ran through
his shrunken form and he shook his head.
criminal though he is, and though he
managed to face the friend whose life
he ruined, even he was overcome by this
sublime evidence of a woman's constancy.
When John r. Smith saw his brother
Edward in the Office of the Captain of
Detectives, he ran to the criminal and
threw his arms around his neck. Ed
ward Smith burst into tears and tore
himself away Sinking on a sofa, the
defaulter buried his face in his hands
The meeting with James B. Smith was
equally melodramatic. The three broth
ers were allowed to talk all afternoon.
Attorney Ballentine and Jack Craven
were the only outsiders in the family
gathering.
IL James B. Smith persists in asserting
his rights as a grand juror to be present
at deliberations on thc case of his crimi-
nal brother he will be requested to excuse
himself by Foreman Andrews
Il hardly think that this will be neces-
sary." said Andrews II believe that Mr.
Smith will see for himself tha heS ought
not to- insist on being present at these
meetings.
Yesterday afternoon Louis A. Devote
was seen in the Hall of Justice elevator,
apparently on his way to the City Prison
to see Smith. He saw that he was OBJ
served and asked to be taken to the bot
tom floor again.
Devote denies that he wanted TO see the
defaulter ..Why should I want to see
him again after what he did?" he. said
But his actions were deemed rather queer
Despite the orders of the District Attor-
ney. Grant Carpenter. lawyer, was al
lowed to see Smith last night. Carpenter
asserted that he wished to see Smith or
an old injunction proceeding.
The defaulter was remanded to the Gus
tody of the Sheriff yesterday and 1t was
at first decided to take him to the County
Jail. Later. at the request of the Chiel
of Police. he was permitted to remain al
the City Prison. He will be taken to the
County Jail later
Smiths wife will probably visit him
to-day. The prisoner is aware that hel
attitude may get public sympathy for him
but he is apparently not anxious to face
the ordeal