The record-union., 1891-07-28
COULD NOT AGREE.
The Jury in the Smith Case Renders
No Verdict.
They stood Seven for Acquittal and
Five for Conviction-Robert
Allen Growing Worse.

The trial of j. d. Smith, which has held
public attention for week, was brought
to close yesterday and ended in smoke
The jury could not agree.
When court convened yesterday morn
ing District Attorney Ryan began his
| closing argument for the people. He
talked from 8 o'clock until noon, and it
was splendid effort. The young prose-
cutor went over the testimony minutely
and endeavored to convince the jury that
there was nothing lacking but to prove a
| clear case against Smith.
CHARGING THE JURY.
Judge Catlin's charge to the jury was
| lengthy.
Before he commenced delivering it the
court was delayed some time by the alb
sence of juror Mckee, who was i'll. When
the juror arrived, however, he proceeded.
If the jury found that the general repu-
tation OF the defendant was generally bad,
they would still presume him innocent
ntil he was proved guilty, and would
still require a preponderance of evidence
to convict him. 1t was the duty of the
prosec ution not only to show Smith
guilty, but to prove beyond all reason
H..
THE REASONABLE DOUBT.
The reasonable doubt was carefully ex-
planned, the Judge saying that belief be-
yond a reasonable doubt is more
than preponderance and less than an
absolute certainty. 1t was the duty of the
| jury to weigh the evidence of each of the
| witnesses, and if they found that the
| witnesses Gordon and Casey had been
| prevailed upon by officers to make such
81 "a llad SIn
slider the matter, and If from the evidence
they were convinced that the witness
| Brady was an accessory before the fact
they would weigh his evidence accord
ingly.
The court carefully read the law defin-
ing robbery, and then ordered the Sheriff
to take charge OF the jury.
a DISAGREEMENT.
The jury retired shortly after 2 O'clock.
The large crowd which has been in at
tendance upon the trial since it began,
loitered about the corridors and indulged
in all sorts of conjectures as to what
the verdict would be. The general opin-
ion seemed to be, however, that the jury
would disagree.
And such proved to be the case.
At O'Clock the jury sent word to
Judge Catlin that they desired to go into
court. There was a rush for the court
| roomswhon this news became known.
Smith was brought up from the County
Jail, and, looking pale and anxious,
took seat between his wife and attor-
ney.
The foreman of the jury said it was i'm
possible for them to agree. One of their
number, Mr.. Mckee, was very i'll, and it
would be cruel 10 keep them out any
| longer. They stood seven for acquittal
and five for conviction.
Judge Catlin said that if there was no
| hope for an agreement, there was nothing
for him to do but to discharge them.
ROBERT ALIENS CONDITION.
| While District Attorney Ryan was ar
/ guing the case to the jury in the fore
/ noon, Mrs. Allen, wife of the victim
/ of the garroters, received a telegram
! from Stockton informing her that Mr..
| Allen was worse, and suggesting that
| she had better come to his bedside
! This information was kept from the
! jury, but ii was soon noised about the
! Courthouse. The story spread al over
town that Mr.. Allen was dead There
was no foundation for this, other than
! what the telegram contained. Mr.. Allen
is said to be quite low, and may not re-
| cover.