The record-union., 1891-07-18
TAKING TEE EVIDENCE.
A Jury is Finally Secured to Try ]. D..
Smith.
The Story of the Assault and Robbery
of Robert Allen Is Re-Told
in Court.

The trial Of j. D. Smith, accused of COM
plicity in the murderous assault and rob-
berry of Robert Allen, was resumed in
Superior Judge Catlin's court yesterday
morning.
The courtroom was crowded with spec
tators again.
During the forenoon the regular jury
panel was exhausted, but not before two
jurors were secured, making eleven in all.
a special venire of ten more jurors was
issued returnable at 1:30 o'clock. From
this venire the last juror was secured. The
jury as completed is composed of the fol-
lowing named citizens: Hugo Sprock,
Fifth Precinct; Patrick Flannigan, 1922
Sixth street; 2. Herzog, 1l30 y street; w.
L. Ashby, 1920 street; Bernard Shields,
10 Ninth street; George n. Makee, Clay
Station; VIM. Foote, Sutter Township; j.
d. Lockhart, 2l22 j street; James Par
sons, COB J street; George SchrOth, j
street, between Front and Second: G.. +.
Williams, 23I9 II street, and C. Cooley.
There was no delay after the panel was
completed. District Attorney Ryan pro-
ceeded at once to make the opening state
statutes defining robbery and those de-
Scrlbing an accessory. We expect to
prove.' he said, that on the night Of the
10th of May a robbery was committed in
this city. We will show that an old resi-
dent and business man OF this city was
knocked down and robbed. This crime
was committed at the corner of the alley
Mr.. Allen closed UP his place of bust
ness on the night named, went to the
Golden Eagle Hotel and took a drink. He
proceeded toward home, and when near
the alley, back of the Courthouse. noticed
two men following him. They threw
him off his guard and one struck him on
the head with q hammer. Mr.. Allen re-
covered sufficiently to stagger To his
home" Mr.. Ryan proceeded at length
and reviewed the entire history Of the
case, and ended with the statement that
after proving these facts by witnesses the
prosecution would confidently expect a
verdict of guilty.
David Falconer was first called to the
stand. Before any questions We're asked
however Attorney Johnson, for the de-
tense, interposed an objection to the
introduction of any testimony, on the
ground that the District Attorneys OPEN
ing statement had not disclosed that any
crime had been committed, or that the
defendant Smith was connected at all
with any crime.
The court overruled the objection.
MIR. talcOner then proceeded to tell
how he was awakened shortly after the
assault ana robbery, by Jennie Allen, the
wounded mans daughter, who told him
that her father had been hurt. He went
over to the house, and after dressing
Aliens wound, went and examined the
alley where the assault took place. He
found 81 % in money and a portion of
Aliens watch-fob. When daylight came
witness went to the alley again, and this
time found the hammer with which the
cruel blow was struck.
Jennie Allen testified regarding the
condition of her father when he staggered
into the house that morning. She also
told how her father carried his green
backs in cigar-case in his inside pocket
She identified the Masonic charm which
was taken from Aliens Watch-fob, and
which was subsequently recovered in
San Francisco.
DIR. u. l.. Simmons, who attended Mr..
Allen after the assault, described the
CHASTITY wound in Mr.. Aliens head
Eddie Allen, son of the victim of the
assault, described the habits of his father
in regard to carrying money.
Mrs. Catherine Allen, the wife, testified
that her husband is at present in such
precarious condition that he could not be
present in court. He is now undergoing
treatment in an asylum at Stockton, she
said.
Frank, alias "Piggie" Johnson, was the
next witness. He is the young man who
was overhauled in San Francisco while
trying to pawn Robert Aliens Masonic
watch-charm. He testified that he met
Haley, Gordon's pal, at the metropolis,
and that individual gave him the charm.