The record-union., 1892-03-10
ON TRIAL FOR Els LIFE.
Judge Van Fleet Denies ]. D. Smith
Any Further Delay.
The Story OF Robert Aliens Death to
be Retoid-Considerab Trouble
in Getting Jury.

The trial of ]. D. Smith, the saloon
keeper who is alleged to have planned
the robbery OF Robert Allen, which re-
suited in the death of that person, was
commenced before Superior Judge Van
Fleet yesterday.
Smith was tried once before on a charge
OF robbery, but the jury failed to agree.
Then the victim of the garroters died,
and the Grand Jury indicted Smith, Cor
don, McKaig and Mushett for murder.
The charge against Mushett has been dis
missed as he turned States evidence. The
same viii probably be done in the case Of
McKaig, who also made a clean breast of
the affair." Gordon pleaded guilty, and
Smith, asserting that he was innocent.
demanded trial.
CONTINUANCE DENIED.
Smiths case has suffered several con-
tinuances, and on yesterday the defend
ants counsel. A. j. Bruner, asked for
still further delay. In support of his re-
quest the attorney read an affidavit
sworn to by Smith, in which the latter
set forth that he could not safely go to
trial without the attendance of a. Lazard,
an important and material witness.
After reciting that efforts had been
davit sets forth that witness will testify ::
"That Harry Gordon, the principal wit
ness for the prosecution, and one upon
whom the prosecution relies, told Lazard,
Immediately after Nearest OF said Harry
Gordon in San Francisco, one OF the par
ties charged in the indictment IN this
case that he cid not know j. ID. Smith;
that he Harry Gordon) himself struck
Allen the blow with the hammer at the
time said Allen was robbed; that said
Gordon and Haley concocted the robbery
OF Allen and carried it out without assist
ance from any one. That this statement
was made by Gordon to LaZard in San
Francisco Immediately after his (Gor-
don's) arrest for the crime of robbery of
Allen in the month Of May, 1891; that this
testimony becomes material and neces-
sary from the fact that Gordon has made
an alleged confession, whereby he impli-
Gates this defendant in the commission of
the crime charged, and wherein said Cor
don charges that said defendant Smith
conspired with said Gordon to commit
the offense charged in the Indictment"
SHORT OF EVIDENCE.
Mr.. Bruner argued earnestly for delay.
He said that the presence of Lazard
would be very important TO Smiths de-
fense, as his testimony would be all that
would be offered in addition to that given
by Smith himself.
continuance. He said the defense had
had plenty of time to prepare its case.
Judge Van Fleet did not believe that
the affidavit was sufficient to force
another continuance. Itdid not come up
TO the legal requirements, and he would
have TO deny the request.
Mr.. 3runer became persistent. He
said he believed that the defense was in q
position TO demand a continuance as a
matter of justice and right. He told of
the enforced absence of his associate,
Llwood Bruner, who had spent six weeks
In preparing for the trial of the case be-
fore the bar He also called attention
again to the affidavit and the efforts that
had been made to secure the attendance
OF Lazard. If the defendant was forced
to trial, Mr.. Bruner said he would wash
his hands of the conviction.
But the court was memorable and
ordered that the trial proceed. Mr.. Bru-
FER asked for time to amend the affi-
davit, and was given twenty minutes.
At the end Of that time the amended
document was presented, but still the
court would not permit any further de-
lay, and ordered the case proceeded with.
JURORS SCARCE.
The remainder of the day was con-
sumed III the eudeavor to impanel a suit
able jury. And it was a dif1icult task
Twenty-three taleSmen We're examined
IB to the hour of adjournment-some of
them to considerable iength-and out of
that number only one was accepted.
That one was Peter Wager
The talesmen were questioned closely
with reference to the effect the newspaper
reports of the murder and robbery of
Allen, and the subsequent inquest and
proceedings in court, had upon their
minds; whether or not they belonged to
the Pioneers or Masons, of which orders
the deceased was a prominent member;
whether or not they knew Allen and felt
inclined to avenge his death. etc.
In almost every case the juror replied
that he had made up his mind that Smith
was guilty and that it would take consid-
erabie evidence TO remove that opinion.
The case viii be resumed to-day.