The record-union., 1892-03-16
GORDON ON TIE RACK.
A Rigid Cross-Examination Does Not
DiSconcert Him.
Attorney Bruner Tries His Hardest
Brady and the Hammer-McKaig
on the Stand.


for completely in the murder of Robert
Allen increased wonderfully when it was
known that Harry Gordon, one of the
witness-stand again.
Gordon was subjected to most search
ing cross-examination at the hands OF
Alvin j. Bruner, Smiths counsel.
THAT CONFESSION.
Mr.. Bruner wanted to know particu-
larly regarding any promises or threats,
If any had been made to Gordon by the
police officials in order to bring about his
first confession. Gordon said that before
making the confession promises were
made TO him that he would receive the
lightest sentence possible. Chief of Police
Drew told him that ''Smith was the man
they wanted that he was the Troy Dye
of the conspiracy"
Attorney Bruner read from statements
made by Gordon to the officers, and from
his testimony taken at preliminary eX-
aminations, in endeavor to prove that
Gordon had declined heretofore to 90 into
details of the crime and had done this in
accordance with an agreement and COM
pact made with the officers.
District Attorney Ryan objected to this,
and agreed to allow all the statements and
all the testimony to go before the jury for
their consideration.
Mr.. Bruner desired to continue his
questioning, however, and said he wanted
10 show 70 the jury that ali the officers
had desired was to implicate Smith, and
so eager were they to do so that they told
Gordon that he need not give the details
of the murder.
District Attorney Ryan vigorously OBJ
iected to the attorney jumping from one
transcript to another, and asking the wit
ness whether or not he said so and so.
The court agreed with Mr.. Ryan, and
said that Mr.. Burners method was un-
fair TO the witness.
GORDON. AND FURLONG.
Gordon, continuing, said that before
making his confession District Attorney
Ryan had promised him that if he would
tell all he knew about the robbery and
murder of Robert Allen, he Gordon
would not receive over fifteen years. The
District Attorney told witness he made
the offer with the consent of the Judge
The witness said that he understood it
that he was to get fifteen years alto
gether.
Gordon denied that he had made any
statement to either j. b. Furlong or
William Furlong in reference to the case.
lie had not written to William Furlong
about the case.
Gordon was then asked if he had not.
while in the County JAIL had a talk with
William Furlong, in which he acknowl-
edged that he had testified falsely against
Smith, and acknowledged that Smith did
not receive any of the money taken from
Allen? Gordon, il was alleged. con-
tessed to Furlong that he had to take the
action he did in order to save himself;
that there was prior against him, and
that Casey, Brady and the others were
working against him; that he declared TO
Eurlong that he would ''show them all
up, and turn Smith up, too.'
ha
Furlong, but did not make the remark
about turning Smith up" He did notteIl
Furlong that he had periured himself
when he testified that he saw Smith talking
to Haley, and he did not tell Furlong that
Smith got none OF the money. Gordon
also denied that he told Furlong that the
officials induced him to testify against
Smith.
ABOUT THE HAMMER.
Mr.. Bruner then reverted to the details
Of the murder, and asked Gordon how
hey came to think of using a hammer
on Allen.
Gordon replied that Mushett, better
known as Brady" the prize-fighter,
was the first one TO suggest that a ham
mer should be used on Allen, and HALEY
said he did not want to kill the man.
Witness made no objection, when the
hammer was spoken of, as he had no idea
that the assault would ever be made with
it.
When Brady went after the hammer.
Gordon and Haley waited for him at the
corner of Seventh and X Streets Brady
soon returned with the hammer, and
some steel punches, which We're wrapped
up in q piece Of gunuy tfie handed
me the hammer" continued Gordon.
but l don't remember what he said
When he gave 1t to me. / put the ham,
mer up my sleeve. / took the hammer
because Brady handed it to me, and I
I q M
on Friday night, and shortly afterward
we went 10 bed at the Western Hotel.
Haley concealed the hammer near the
Western Hotel. l cannot remember
whether or not ] went to Aliens saloon
on Saturday night and took a drink.
met Haley Sunday afternoon and did not
separate from him until after the robbery
had been committed"
Recess was taken at this point.
COULD NOT 'RATTLEr HIM.
When court re-convened in the after
noon Mr.. Bruner went after Gordon
sgain, and attempted, by questioning him
regarding former statements he had made
TO show that he had contradicted himself.
But Gordon maintained his usual equi-
ibrium and had a prompt answer for
every question. His GOODNESS and adroit-
ness was really admirable, but at the
same time 1t was apparently exasperating
10 Mr.. Bruner.
0OIuOH Sdlu lHSIS IleN er was any agree
ment between Haley, Smith and himself
10 rob Robert Allen. 1t was a sort of mu-
tual understanding. He did not believe
the assault would be made until he saw
the blow struck. He was about twenty
feet behind Haley when the latter struck
Allen with the hammer. There was never
any agreement as to how much money he
(Gordon) was TO receive. Smith wanted
$50, Furlong was TO have SI00, and Smith
wanted all over 500 that was secured.
M'KAIG, ALIAS CASEY.
After District Attorney Ryan had asked
Gordon few questions on redirect ex-
animation the witness WAS excused from
the stand and Deputy Sheriff Fay took
him back TO his cell in the County Jail.
Edward McKaig, alias J Ohm Casey was
the next witness called. He is the young
man who first confessed the details of
Smiths connection with the crime to the
police.
He said he came to Sacramento from
san Francisco shortly before the murder
In company with Gordon. He was ac-
.quainted with the defendant Smith. lie
also knew Haley and Mushett.
The witness then proceeded to relate
how Haley and Smith conversed in an
undeuone in the latters saloon, and
atterward Haley told Gordon that Smith
had said Sunday night would be the best
time TO turn that trick" They told the
witness about it, and he was to get a
share OF the spoils, or have a hand IN the
robbery. They had a discussion as to
whether it would be better to knock
Kim on. the head or to simply hold
linn up" Haley told Gordon and the
Witness that there was TO be "a bar
Keeper in on the play" and he was to re-,
ceive Sl01 oi the spoIls
AfaES nix and R1,afixr ~