The record-union., 1892-03-17
MURDER OF ROBERT ALLEN.
Close of the Prosecution in the Trial
of j. D. Smith.
Opening Statement for the Defense
What the Testimony Of Accom-
plices May Amount to.

AooHi was turOWH open yesterday InorH-
ing. and in few moments every availa-
bic seat had been occupied by spectators
and standing-room was at premium.
The trial of j. D. Smith, accused of
completely in the murder of Robert Allen
IN May Of last year, was resumed, as
soon as the jurors were in their places.
Edward McKaig, alias Casey, was
placed on the witness stand for cross-ex-
animation by A. J. Bruner, the defend
ants attorney, District Attorney Ryan
having concluded the direct examination
on Tuesday.
M'KAIG UNDER FIRE.
Mr.. Bruner began by questioning the
witness closely regarding his life prior to
the Allen murder and brought out the
fact that he had been in jail before.
When asked regarding the facts leading
up to the murder, McKaig said he made
the acquaintance of Haley in Southern
California, but afterward met him at the
Bay. Haley was always well dressed,
and while he had no occupation he al
ways appeared to have plenty of money:
lie was a man that drank but little and
never gambled. Witness knew "One-
armed" Kelly. He first met him in San
Bernardino in 1877. He had no vocation,
hut always had plenty of money. lie
afterward frequently met both Kelly and
Haley at the Jersey saloon, San Fran
cisco, a place frequented by doubtful
characters Mckaig said he came to Sac
ramento early last May. hoping to secure
employment. After his arrival he met
Kelly, Haley and Gordon. On Monday
night, prior to the Allen robbery. he was
with the three men near Smiths saloon.
kelly proposed that they go in and that
he would treat. 1t was then he saw Haley
nd Gordon lean
ing on the counter some six or eight feet
away. Witness could not hear the con-
versation, but Haley afterward told him
that IL was regarding that trick that was
TO be turned
SMITH AND HALEY.
Continuing, McKaig said that after they
had drank in Smiths saloon Kelly got
into an alteration with a man, and the
witness and Gordon left the place, think
ing there was going to be fight. When
they returned Haley and the defendant
Smith were still engaged in whispered
conversation.
Finally" continued the witness, in
answer to further questions, Haley
turned around ana said we'd better go
up town. After we got out Gordon asked
Haley what Smith had said, and it was
then he told us about the proposed rob-
berry. We afterward parted company,
and Gordon and | went to our room,
Gordon that / thought the proposition
was a little 'fishy,' because if Smith had
such a good thing he would not give it
away to strangers. | thought he would
have given his friends a chance. After L
returned from Gait | went to Smith and
asked him if he had seen Haley. He said
he thought he had seen him. ] asked
him about the robbery. He told me Allen
had been knocked down with a hammer
on his way home and that he was in a
very critical condition. He said he did
not approve of that way of holding man
up. 1t was a bad Job.'
Mr.. Ryan asked the witness several
questions on redirect examination, TO
which Mr.. Bruner objected. The court
overruled Mr.. Bruner, and the two got
into quite a heated debate, each hurting
sarcasm at the other. In the midst of it
recess was taken.
''oNE-ARMED KELLY"
In the afternoon the examination of
McKaig was concluded and Thomas
Kelly, better known as "One-armed'
Kelly, was placed on the stand. He testi-
fled that several days before the Allen
robbery he met Haley, Gordon and Casey
on the sidewalk III front OF Smiths
saloon and invited them in to take a
drink. After drinking he noticed that
Haley and Smith drew away from the
others ana began to converse earnestly in
low tone of voice. He did not know
Kelly said he had only been in Sacra-
mento a few days when he saw Haley,
Gordon and Casey in Smiths saloon
That was the only time he had ever seen
them there.
Under cross-examination Kelly said he
had known Mckaig, alias Casey. since
1880. He did not oYerhear much Of what
passed between Smith and Haley. He
did hear Haley say something about
watch. Gordon stood quite close to
Haley and Smith, and certainly could
have heard all that was said.
Police officer d. w. Higgins testified
that he was on night duty on X street at
the time of the assault upon Robert
Allen. He remembered passing Smiths
saloon in company with Officer Nc
1laughlin late one night just previous to
the assault. Two or three men were sit
ting on some beerkegs. As the officers
passed one of the men said, There goes
Mclaughlin" dhe witness asked Nc
I4aughlin who they were, but he said he
did not know. Two or three more men
We're standing on the inside OF the side
walk, near the Saloon-door. They were
talking in low tone of voice. He did
not know who they were.
Arthur Bulger, who was employed as a
barkeeper by Robert Allen, was the next
witness. He testified that William Fur
lone was also employed there. Furlong
worked there at the time of the robbery
and had the night watch. AS a rule
Allen closed the saloon every night at
Il O'Clock. F'urlong remained there un-
til that time. Furlong was well ac-
quainted with Smith, and usually went
TO the latter's saloon after Allen closed
up.
CLOSING THE PROSECUTION.
Miss Jennie Allen was recalled and tes-
titled that FUrlong frequently walked
home with her father after closing up the
saloon at night
Harry Gordon was also recalled by the
District Attorney 10 prove that all the
facts he had testified to occurred in Sac
ramento, that matter having previously
been overlooked.
Mr.. Bruner then renewed his request
10 test the credibility Of Gordon by
placing in evidence the note which Cor
don is alleged to have written to Furlong
Ia the County Jail.
Mr.. Ryan objected, and the court de-
clined again to admit the note.
Mr.. Bruner then asked Gordon, if after
his cross-eXamination he had not in the
County Jail cursed Furlong roundly for
giving the note to the defense.
Il did not replied Gordon, unable to
Tepress smile.
Gordon was then excused, and Police
officer Mclaughlin was called. The
latter eorroborated the testimony given
by Officer Higgins
Mr.. Ryan then announced that he had
no more testimony to offer.
Mr.. Bruner for the defense made a gem
eral motion 10 strike out all of the testi-
mony of Gordon and Casey. with refer
ence TO statements concerning Smith not
made in his presence, on the ground that
the evidence IS irrelevant and incomDe-
tent and hearsay, and on the further
ground that no conspiracy had been
shown.