The record-union., 1891-07-24
SMITH ON TIE RACK.
He Denies That He Ever Knew Cor
don, Casey or Haley.
He Declares That He Never Heard OF
the Conspiracy-Gordon' Confess
sion Again-Defense Closes.


Casey and Haley in the assault and rob-
berry OF Robert Allen, was resumed be-
fore Superior Judge Catlin and jury
yesterday morning.
The interest in the case still continues
unabated, and the courtroom was un-
comfortably crowded all day yesterday.
SWEEPING MOTION.
AS the prosecution had closed its case
Smiths attorney, Grove l.. Johnson,
opened for the defense yesterday by NOV
ing to strike out all of the testimony of
Gordon and Casey as to conversations
had not in the presence of the defendant
Smith; that all that part of their evidence
be stricken out relating to any matters
or conversation on the day preceding the
Thursday night before the robbery; that
the jury be instructed that no conspiracy
has been proved duplicating the defend
ant; and that the jury be instructed that
they should acquit the defendant on the
grounds that he cannot be convicted on
the evidence of his alleged conspirators
unless corroborated.
Judge Catlin denied the motion and the
attorney asked that an exception be
noted.
RATHER PERSONAL.
Mr.. johnson then proceeded to make
mis- opening statement to the jury. In
the course of his remarks he took occa-
sion to denounce in bitter terms, the man
aging editor Of the Bee for permitting
statements to be published in that paper
to the effect that he had ''played sick'' in
order to gain time in the case.
He then proceeded to tell the Jury what
the defense expected TO prove. In the
first place, he declared, it would be
shown that the testimony of Gordon was
lInf l.1zr
the instigation of Chief of Police Drew
and Captain of Police Lee; that induce
ments were made by the City Attorney,
District Attorney and the officials re-
ferred to, in order to get Gordon to attack
Smith specially. He read from Gordon's
confession to show that the lob" was
done in different manner than that in
which ii was to have been done, as it was
intended to go into the saloon and hold
Allen up at the point of a pistol, and gen.
orally TO show the falsity and unreliable
1ty of Gordon's evidence and that Of
that Smith had no more to do with the
case than child unborn.
ALIENS BARKEEPER.
w. d. Furlong, who was employed as a
barkeeper in Aliens saloon, and who is
charged with being one of the conspira-
tors, was the first witness called to the
stand by Mr.. Johnson.
Furlong looked pale and nervous. He
testified that he did not know Haley at
all, and had never seen Gordon and Casey
until after the robbery-an that was when
they appeared as witnesses in the Police
Court. de had never been in conVersa-
ton with Smith in regard to Mr.. Allen.
He had once talked to him about how
nice place Mr. Allen had. He had never
said a word about robbing Mr.. Allen.
Nothing was said in regard to the way
Mr.. Allen carried his greenbacks and
gold. Witness was entirely ignorant how
Mr.. Allen was in the habit of carrying his
money. Witness did not know OF any
scheme on foot to rob Mr.. Allen.
Il did not see Smith on the Thursday
night prior to the robbery" he said. son
Friday night / saw Smith outside his sa-
loon. was sitting near by on some beer
kegs. 1t was customary for me to do So
as roomed only two doors from there.
Mr.. Smith came out of Considine's sa-
loon and [ spoke to him. Just as Smith
came out man spoke to him. / don't
know who it was. Across the street a
couple of men stood on the corner talk
ing. / spoke to Smith when he came out
of Considine's saloon, and we walked
across the street together. l went in the
restaurant to get some lunch. Smith
did not come in, and that was all 1 saw OF
him"
FURLoNG CRoss-EXAMINED.
On cross-examination by District Attor-
ney Ryan, Furlong said he was on watch
IN Aliens saloon from 10 o'clock in the
morning until 2 in the afternoon, and
from in the evening until the time OF
closing. 1t was Mr.. Aliens habit, when
ne was well, to be there at closing time.
He was there all the evenings during
race week, and made up his cash. Wit
ness saw him make up the cash on the
Sunday night of the robbery. Saw him
put the cash in sack that night and put
1t in the safe. That was his usual habit.
Never knew him to carry the money
home with him. Have seen a case there
that might have been a cigar case, but
never saw him put the greenbacks in
that case. Saw him that night put money
in the safe. He was positive that it was
Friday night that he was in front OF
Smiths saloon, or rather between it and
his room. Was not in the habit of going
in almost every day. During the week
previous to the robbery he was in Smiths
only once-on Tuesday or Wednesday
night. Was there Monday after the rob
berry and had conversation with Smith
about it. Witness asked if he had heard
about his boss being stood up and Smith
replied that he had read it in the papers.
This was about 3 o'clock III the afternoon.
Witness told Smith how he had heard il
occurred, and Smith replied that it was
q cowardly act.
GoRDoN's CONFESSION.
Win j. Davis, the shorthand reporter
who took down the confession Of Gordon,
was then called to the stand. On May
9th, in the evening, at the office of Chief
Drew, he took down the statement OF
Gordon, and in pursuance of the order OF
court he has transcribed that statement
into longhand and furnished each side in
this case with a copy. He identified the
copy handed to him by the defendants
attorney and asked him to read a certain
portion of it.
1--WE object unless it is all read" said
Mr.. Ryan; we've no objection to its ali
being read"
Judge Catlin directed that the entire
confession be read, but before the order
was executed he ordered that recess be
taken until afternoon.
SOME DISCREPANCIES.
At the afternoon session Mr.. Davis be-
gan reading the lengthy confession. II
was in the main the same as that young
man gave on the witness-stand. There
were some contradictions, however, and
the attorney asked that these portions be
admitted into evidence. He also paid
particular attention to that portion of the
statement wherein Chief Drew, City At
torney Hart and District Attorney Ryan
animated to Gordon that it would go
easier with him. if he would tell the
truth, and wherein they told Gordon
that they wanted him to tell all he knew
about Smith.
Mr.. johnson accused the District At
forney OF trying to keep the confession
out Of his (Johnson'sl hands because it
contained damaging statements.
Mr.. Ryan got angry and denied this
imputation.
Reporter Davis testified that when Cor
don made the confession he did so on. the
not be published. When Mr.. johnson
oclyad for the contents of the confassiop