The record-union., 1891-07-24

long muSCacne nerVOuSly.
Smith said that the first time he ever
saw Gordon was when the latter was tes-
tifying in the Police Court. The first
time he ever saw McKaig, alias Casey,
was also when the latter testified in the
Police Court.
"In May last" continued Smith, ST
was keeping a saloon on the south side of
x street. near Third. never knew such
a man as Haley, who has been spoken of
in this trial. / read of the robbery OF
Robert Allen. never had any CONVEX
sation with Haley, Gordon or anybody
else in my saloon, or any other place, re-
garding the robbery of Robert Allen. I
never had any conversation with them at
all. After the robbery 1 never saw Casey
in my saloon. / never gave him twenty
cents with which to get something to eat.
/ heard him testify that such was the
case, but it was not true.''
Did you ever suggest 10 these men, or
anybody else, how Aliens safe could be
opened?" asked attorney Johnson.
II never knew he had SAFE" replied
Smith. Continuing, he said that he knew
William Furlong, Aliens barkeeper, but
he denied that he ever had any talk with
Furlong regarding the proposed robbery,
and he further denied that he ever indi-
Gated to Haley thatFurlong was ''the bar
keeper who was to be in on the trick -
He said he was "on watch" at the saloon
the Thursd ay night prior to the robbery
but not on the Friday night.
ON THE RACK.
On cross-examination by District At
torney Ryan, Smith said he came to Sac
ramento in 1860.
He was asked if he had lived here con-
stantly since then, but Mr.. Johnson OBJ
jected OH the ground that the prosecution
had no right to cross-eXamine on matters
that had not been brought out in the
direct examination.
The Court overruled the objection, and
Smith replied that he had. He denied
that he had ever lived in the State of Ne
vada. He had been in the saloon busi-
ness on X street about two years. For
three months prior to the robbery, wit
ness wife and children had been living
in San Francisco. On the Saturday fol-
lowing the robbery he brought his family
home. Witness said he had never been
in Robert Aliens saloon, and only knew
Allen by sight. He had known Furlong
for several years. The latter worked for
him once for about a month. Furlong
called into witness place occasionally,
and they talked over general topics. He
would only remain few minutes.
Smith said he was positive that he had
never seen Haley. He had seen photo
graph of the latter, and was certain that
he did not know him. He could not rec
olleCt whether or not Kelly, the one
armed man, who testified in the case,
had ever been in his place.
Mr.. Ryan pressed the witness closely
as to his acquaintance with Gordon and
Casey. Was he sure he had never seen
either of them? Never before the Police
Court trial. Sure? Positive. Would he
swear that they had never been in his
place? No, he would not swear to it, be-
cause they might have come in and he
not see them.
Smith said he could not recollect
whether or not Furlong called at his tthe
witnessO place every night. He was
positive that on the Friday night prior to
the robbery he did not meet FurlOng and
talk over the matter.
Smith denied that he had ever coaxed
his barkeeper, Murphy, to say that he
(Murphy) was on watch at the saloon on
the night of the robbery. Regarding his
connection with Brady, Smith said he
had talk with that young man, in
which the latter wanted the witness to
''stand inn and rob man of SI0O. Brady
said he had friend who would stake
him to the amount Of 500 in a prize fight
with colored boy. Brady was to Ego
out'' and thus rob his friend.
Mr.. Ryan's last question was: ''Nere
you ever convicted of felony?'
Smiths reply was in the negative.
SMITHS COAT.
s. T. Burkhardt was called to the wit
ness stand. He testified that he was en-
ployed on the night watch in Considiue's
saloon at Third aud j streets. During
the week prior to the robbery of Robert
Allen, witness saw Smith in the saloon.
The latter would come into the place and
leave the key of his (Smith's) saloon.
Smith wore light suit of clothes during
the week, witness thought. He might
have worn dark suit on one or two oc-
casions-witness did not remember.
The idea of this testimony was to con-
tradict the statements of Gordon and
Casey that Smith wore dark clothes on
those two nights.
Ida Smith, wife of the defendant, was
the next witness. In the month of May
she said, she and her children were in
San Francisco. The Saturday following
the robbery of Robert Allen, her husband
came to San Francisco and brought her
home.
She denied in cross-examination that
she had had trouble with her husband
and that that was the cause of her going
to San Francisco.
John a. Murphy, Smiths barkeeper,
was recalled by the defense, and in an
swer to questions by Mr.. Johnson testi-
fed that on Thursday and Friday even
ing before the robbery Smith wore light
coat. On oSs-eXamination, however il
developed that Murphy did not know
much about it.
Smith took the stand again and swore
that he had ouly the light coat in the sa-
loon on Thursday and Friday nights, and
could not have obtained another coat
without going to his room.
Mr.. Johnson announced that for the
present he would close the case for the
defense. He had one other witness. but
did not wish to put him on the stand as
he had not yet consulted with him.
Mr.. Ryan was opposed to offering any
rebuttal testimony until after Mr.. John
son had closed.
Mr.. Johnson said he did not know
whether he could close or not, and init
mated that, as the hour was late, an adj
journment would be agreeable to him.
Mr.. Ryan still objected, and the court
finally ordered the District Attorney to
proceed with his rebuttal-whicha action
Mr.. johnson took exception to.
The prosecution called Police Officer
Frank Rider in rebuttal and asked him
if he knew anything of Smiths reputa-
ton for truth, honesty and integrity.
Attorney Johnson objected. He said
the testimony would not be admissible
under the rulings Of the Supreme Court
and under the code.
Mr.. Ryan disputed this, claiming that
the Supreme Court had recently decided
just the other way.
Mr.. Johnson said he had handled q
great many criminal cases and had been
opposed to many bright District Attor-
neys, but never did he hear one ad-
vance such a proposition as Mr.. Ryan
was now trying to force upon the court.
"Well, probably you win learn some
thing now," said Mr.. Ryan, teasingly.
mot from you ~ angrily replied the
attorney for the defense.
Judge Catlin said he would have to
look into the matter, and ordered an adj
journment until to-day.
1t is believed that the case will be given
to the jury this evening.