The record-union., 1891-06-02

TRUSTEES" Upon being shown Casey's
note, he said he recognized it as copy OF
the original. After further corroborating
Masons statement the Chief was ex-
cused
Officer Dan Higgins testified that he,
too, knew Casey and Gordon, and re-
membered the occasion of the assault
upon Robert Allen, on the 18th of May.
On the evening of the Sth of May the wit
ness and, Special Officer Mclaughlin
passed by Smiths place, and noticed
| three men sitting on some kegs outside
As they passed somebody said, 'tThere
goes Mclaughlin" Witness asked Nc
Laughlin who the parties were, but he
did not know.
City Attorney Hart announced at this
juncture that the prosecution would
close.
The first witness called for the defense
was William Manning, fireman who
runs between this city and Lathrop.
Mr.. Johnson asked the witness if Brady
told him that he had hit a man with a
hammer and wanted to get out of town.
The City Attorney objected and an
argument between counsel ensued.
The court finally decided that Manning's
testimony on this point would be adj
missible, and to the surprise of every
body Manning testified that Brady did
not say any such thing.
Attorney Johnson then announced that
he had no further testimony to offer and
would submit the case without argument.
The prosecution also submitted with
out argument.
HELD TO ANSWER.
Judge Cravens cleared his throat and
while death-like silence prevailed in
the room proceeded to render his deci-
sion.
"The testimony in this case" he said,
| sch f1n+ A
was assaulted and robbed. The corpus
| deticti has been made out. The testimony
of two of the parties here goes TO show
| that prior to this assault a conspiracy had
| been entered into by these parties to rob
Mr.. Allen. That conspiracy, as shown by
the testimony of Gordon, connects the
| defendant Smith-that is, if Gordon's
testimony is true, that he actually heard
the conversation between Smith and
Haley, another participant in the crime.
! That testimony tends to show that Smith
was party to the conspiracy, and that it
was through him, or through information
given by him, that this robbery was COM
mitted. But it is the law of this State
| that the testimony Of accompliceS must
| be corroborated by circumstances tend
| ing TO connect their associates with the
offenSe. In looking over the testimony
in this case find that one witness testi-
| fled that he saw these parties at Smiths
saloon at the time testified to by
Gordon and by Casey, during the con-
versation between Haley and Smith, the
defendant Gordon being present. in
which conversation the contemplated
| crime was discussed, and the amount of
money likely to be secured by it's con-
summation. While this testimony is not
| as strong as it might be, still our courts
have held that 1t is not necessary that the
testimony of the accomplices should be
corroborated in every particular. But if
the testimony tends to
CONNECT THE DEFENDANT
With the crime it is sufficient to go to the
| jury. | have given this case considerable
| thought and have examined the authori-
! ties very carefully, not only of this
! State, but the authorities Of other States.
We carry the rule for the confederation
of accomplices to a greater extent in this
State than in any other jurisdiction that
1 have inquired into. But our courts
have frequently held that if the COR
| roborating circumstances and testimony
tend to connect the defendant with the
commission of the ofense, either as an
accessory before the fact or as principal,
that it should go to jury. | am there
fore of the opinion that this is case that
ought to go to jury, and l shall hold the
| defendant to answer"
The Judge then proceeded to make the
usual formal order holding Smith to an
swer before the Superior Court and fix
ing his bail at $4,000.
Attorney Johnson pleaded for reduc-
ton of the bail. He said that considering
| the weakness of the evidence" he
thought the amount fixed by the court
was excessive. He asked that the
amount be reduced to reasonable
sum, and if that could not be obtained he
would accept a reduction to S., ZOO.
Judge Cravens, however was obdurate.
| He thought that $4,000 was very reason
able figure considering the serious nature
of the crime committed. Besides, Robert
Allen is still in very precarious condi-
tion and the court was of the opinion
that too much care could not be exercised
in securing the defendants for trial. He
therefore declined to reduce the bail a
! cent.
This disposed of, City Attorney Hart
called the attention of the court to the
fact that Gordon desired to submit his
case on the testimony offered in Smiths
examination.
The Judge then made an order holding
Gordon to answer, and fixing his bail
also at $4,000.
Furlong, Aliens barkeeper, who is
charged with being one of the conspira,
! tors, viii be examined to-day.