The record-union., 1891-07-21
ACCUMULATING EVIDENCE.
Casey Repeats His Confession at
the Smith Trial.
Some Conflicting Testimony as to How
They Got the Hammer
Brady Testifies.


with completely in the assault and rob-
berry of Robert Allen, was resumed
yesterday before Superior Judge Catlin
and jury.
The defense recalled Harry Gordon,
the confessed garioter, for further cross
examination, and questioned him closely
as TO whether or not any inducements
were held out to him by the Police 0e-
partment to make confession and i'm
plicate Smith, the diye-keeper.
Gordon steadfastly denied that any
thing further was said to him than that if
he told the truth about the whole matter
he would be thought better of, and it
would probably go easier with him.
''Were you asked to testify against
Smith particularly, and promised that
you should be treated lightly?" asked
Attorney Johnson.
II was not" positively said the wit
ness.
Defendants counsel then asked that the
Court Reporter, VIII took down Gordon S
confession in shorthand, be instructed to
write out that confession, and that it may
be part of the testimony.
| District Attorney Ryan objected to this,
as that statement was not made under
oath and the witness is not bound by his
statement then made. Gordon made that
statement under promise that it should
not be published.
The defendants counsel assured the
Judge that he had never known until
yesterday that any statement had been
made by Gordon, and therefore he asked
that the statement be written out.
The Judge ordered that the statement
| be written out, and he would later de-
| termine whether the witness should be
recalled to identify it.
| Edward McIHaig, alias Casey" was
the next witness. He was the first one
| of the thugs who who was arrested by the
| police, and was the first to confess and
turn States evidence.
| Witness said he had no permanent
place of residence, but his home was in
Marysville. He came to Sacramento
about week previous to the robbery of
/ Mr.. Allen. He came with Gordon, and
! the Wednesday, evening previous to the
robbery he met Haley. 1t was on *
street. about half way between Smith S
! place and the Lafayette saloon. Gordon
was present.
Witness was requested to give the con
versation which took place.
Attorney Johnson objected, but the OBJ
lection was overruled.
Haley met u.s." said Casey, land after
| passing the usual greetings, Haley asked
us how we were fixed financially. We
were not broke. He called us of to one
side and said he had Just been into
! Smiths saloon, and Smith had put him
| onto trick There was 5000 or 500 in
it. he said. The man to be robbed was a
salo0nkeeper. l asked Haley if he knew
Smith? He said no, that he had only
1known him one week. | said | didn't
{ehave much confidence i'll the thing, as, ii
Smith wanted to do anything of that
kind, he would either do it himself or get
some one he knew. Haley did not know
| the name then of the man who was to be
robbed, as Smith had told him to come
around again. Haley did go around
again, and reported TO us that Smith said
the place was the saloon on Seventh
street, between j and X, next to the
Golden Eagle. Again Haley went
/ around and had a conversation with
! Smith, and the latter said the best time to
| turn the trick would be Saturday ght
! Haley also gave the description Of the
man. The four men met again. They
! were talking over the best way to do the
JOB, and Brady, who was near, spoke up
and suggested that hammer was good
thing to use. The four walked up to
Seventh street, and there Brady left them,
and shortly returned with hammer and
some cold chisels and punches. He gave
the hammer to Gordon, and hid the other
things in the alley on Seventh street, be-
! tween X and L."
Casey was cross-examined at great
! length by Attorney Johnson. He was
! held down to the statements he made
during the preliminary examination, and
while there were some trivial discrepan-
cies, in the main he adhered to the origi-
nal story.
| Casey said he was not at all surprised
when Haley proposed that they rob Allen.
! he knew Haley was in that sort of busx
ness. Haley had obtained a full and
complete description Of Allen from
Smith, and told witness and Gordon
about it. They were standing in front of
Smiths saloon when they had this talk.
They then discussed the manner in
| which the job should be done-whether
they should give him the armu or
''black Jack" him. While they were
| talking, Brady, who had overheard them,
| stepped up and suggested that they use
a hammer. He said he knew where he
could get one for them. Witness said to
Brady: "Do you want to kill the man ?''
HIM hard. a light tap will do-just
enough to stun him" They laughed at
the idea at first, but later ON agreed that
! it would be the best way. Brady then
| went and got the hammer and gave it to
Gordon. The latter put the hammer up
his sleeve, and he and Haley walked off.
Gordon said to the witness, before going
away, that he would meet him that night
between II and o'clock.
Casey said he knew what putting the
arm on a man. meant, when Haley pro-
posed it, but he had never seen il
worked"
After Casey had concluded, Murphy,
Smiths barkeeper, was called to testify
regarding the hours he and Smith worked
at the saloon.
Robert Mushett, better known as
Brady, the young man who gave the
police the first clew to the perpetrators of
the assault and robbery, was then called
to the stand. His story differed little
| from that given in the Police Court. He
claimed that all he knew about the case
was what Casey had told him. Casey was
complaining because he had been s'left
out on the job" and it was an easy mat
| ter for Brady TO learn from him what the
Job" was. Brady denied strenuously
that he furnished the hammer with which
the bloody work was done, and denied
that he had given Gordon, Haley and
/ Casey any advice in the matter whatever.
| Aside from this denial, however, his tes-
! timony corroborated that given by the
| others in many respects.
The trial will be resumed to-dBy.