The San Francisco call., 1905-05-16


be questioned at all He denied strenu-
ously that he had any loot hidden. Il
will not admit that got the $4,000 check
from Devote" Smith persisted. II only
had 500 when 1 left this city"
The District Attorney refused to con-
slider this answer. The evidence already
collected shows that on the day Smith
left the city he had in his possession over
$50. 900. This sum included the s15, $50 re-
ceived from Devoto on his personal check
and $500. which remained from $4,000 he
had deposited with the City Treasurer
last January.
This $4,000 is another matter on which
the District Attorney questioned the de-
! faulter. but Smith refused to tell how he
came into possession of such sum He
declared that he would not give any ex-
PLANTATION on that point until he was on
trial.
CONFRONTED BY DEvOTO.
Late in the afternoon Smith was con-
fronted by Louis A. Devote, the man
he had betrayed. This scene which was
enacted in Captain Burnett's Office in
the presence of District Attorney By
ingtor and Foreman Andrews was
dramatic.
When Smith was brought face to face
with the man whose career he had
| knowingly and wantonly ruined, he start
whipped cur.
did you or did you not get s15,5sO from
Mr.. Devote here?" asked Byington
sharply.
Il won't answer that question" replied
Smith hanging his head.
You got the money, you know you
did,, said Devote, angriIy.
Smith was silent. You don't deny thai
you did," said Byington
Byington closely questioned Ralph
Friedman, pawnbroker with. whom
Smith dealt, and I. Lundy. the jewelel
from whom the thieyipg official is sup
posed to have bought jewels for the wo-
1ren with whom he consorted.
The information given by the pair shows
that Smith was not the spender he would
appear to be. The coin that. he is sup.
posed to have scattered along the ''prim-
rose path turns out to be nearly al
mythical currency. The District Attorne,
can find no evidence tnat Smith juggled
Very extensively with the stock market
In fact. Smiths dissipations were alnos
within his income.
The money stolen from the city is hid.
den safely somewhere. 1t is thought A
part of it may be used for the defaulter's
defense. The rest he will have when th.
doors of the penitentiary open for him.
Fore man Andrews and the District At
torney class Smith as a cold blooded
thorough thief. who is willing to endure
the shame If he can in the end secure the
loot he has hidden. His assertion that hs
was ruined through 'fbeing good fellow
is torn to pieces by the evidence that is
pillng up against him..
At the time of the trial District At.
torney Byington hopes to be able te
prove that Smith is a plain, ordinary
calculating criminal. Detective Gibson
acting under instructions from the Dis.
trict Attorney and the Pinkerton detec.
tive agency. are working on clews that
may lead to the hiding place of the
money Smith STOLE
MAY INVOLVE OTHERS.
When they locate the place where
Smith planted. his loot Foreman An
drews and Byington are certain that they
will learn the identity of Smiths cocoon
spirators.
that Acting Foreman E. j. Bowes of the
Grand Jury had promised Smith that If
he would plead guilty the investigation
into the conspiracy would be dropped.
Bowes emphatically denied the story.
4 would have no authority. to make
such an Offer" he declared. "and If I
had would not do such an outrageous
thing / am certain that notning on
earth would stop the investigation
When Foreman Andrews arrived at the
Hall of Justice he held a consultation
with the acting foreman of the Grand
Jury. Andrews advised Bowes to ask
James b. Smith, brother Of the criminal.