The record-union., 1892-03-19
MURDER IN TEE FIRST DEGREE.
The Verdict Found by the Jury in the
Case of J. D. Smith.
A recommendation, However, for Inn
prisonment for Life-The Last
Day of the Trial.

Qay-Ine last DAY OF the trial of j. ID.
smith, who was accused of being the
arch-conspirator in the murder of Robert
Allen, in May of last year.
As soon as court convened, and the
Jurors had taken their places, A. j. Bru-
ner. counsel for Smith, began his argu-
ment. He occupied the entire forenoon,
and made powerful argument to the
jury, despite the cold facts that had been
presented during the trial by the District
Attorney on behalf of the prosecution.
MIR. Bruner's chief endeavor was to cast
doubt upon the testimony Of Gordon and
AlcKaig, the
ACCOMPLICEs OF SMITH,
Who turned States evidence. He claimed
that Gordon in particular had made
numerous contradictions Of himself and
therefore he should be disbelieved
throughout his story. The attorney called
attention to the evidence of Furlong
hllen's barke eeper, who is said to have
told Smith where Allen kept his money.
his man, declared Mr.. Bruner, had told
the truth on the witness-stand. He could
never have told Smith, or anybody else,
That Allen carried his money home at
night in cigar-case, because he did not
know anything about Aliens habits. The
attorney's theory was that Gordon and
Aickaig had, with the assistance OF the
police, deliberately plotted to lay the
blame OF the robbery and murder upon
smith, so as to gain immunity for them
selves.
MIR. RYAN CLOSES.
When Mr.. Bruner had concluded re-
cess was taken for lunch. At l:30 o'clock
] istrict Attorney Ryan made the closing
gument for The people. He character
led as ridiculous the idea that the Chiefof
Iolice, the City Attorney and himself
me parties to whom Gordon and Casey
made their original confessions-hadc con-
sDired to convict Smith and let the others
%. The jury could not be made TO be-
4 eve any such story as that. Regarding
arlong, Mr.. Ryan said that that indi-
iduaPs denial that he knew how Allen
carried his money home at night, looked
rather tlinsy in the face of his testimony
tnat Allen always locked his money up
in the safe at night. The District Attor-
ney spoke forcibly of the bad reputation
smith had maintained in the community.
his saloon was one of the worst dives in
the city-a veritable hotbed of vice,
where thieves, garroters, cutthroats and
eX-cOnvicts resorted. The police were
constantly watching the place, and when
a criminal was wanted Smiths place was
the first they visited-and they invariably
found their man. 1t was there that young
men were educated to be garroters and
community was rid ofsuch places as Smith
kept, and of such men as Smith. The
murder OF Allen was the result of his be-
ing knocked down in the street with
hammer by two young men whom Smith
had sent out, and Smith was to get the
lions share of the spoils as compensation
Tor putting them on TO the trick"
INsTRUCTING THE JURY.
1t was a few minutes after 3 o'clock
when Mr.. Ryan concluded, and Judge
an Fleet then proceeded to instruct the
jury. He defined at length the two de-
grees OF murder, and said that the jury
would find the defendant guilty Of either
degree, as it saw tit, or not at all.
Touching on the subject OF conspiracy,
which the prosecutor advanced during
the trial, Judge Van Fleet said: 1.-The
theory of the prosecution in this case, as
you have doubtless observed, is that the
defendant and others entered into con-
spiracy or unlawful confederation to COM
init robbery upon the person of one
Robert Allen; that the robbery was COM
mitted in pursuance of such conspiracy,
and that in its commission the said Allen
was killed-that is received blow from
the effects of which he soon after died;
that, while the defendant was not person.
ally present and did not directly partic-
ipate in the robbery or strike the blow
he nevertheless advised and encouraged
the Derpetration of the crime, and is
therefore as guilty as though directly
committing the act. II the evidence suS-
tains this theory the defendant is un-
oOuDtedly guilty of murder, and that in
the first degree. 3 taking OF human life
under the circumstances contended for is
murder, and, as we have seen, murder
committed IN the commission or attempt
- commit robbery is murder of The first
degree, and the law is that all persons
concerned IN the commission OF Il crime,
neither they directly commit the act
constituting the otiense, or aid and abet
in IFS commission, or, not being present
have advised and encouraged its COM
mission, are principals III any crime so
c0mmitted and punishable as such. And
Vnder such circumstances it could make
20 difference as TO the guilt OF one en-
gagged in such conspiracy, that the orig
lIiai design or purpose OF the conspiracy
d not specifically contemplate the COM
mission of murder
MURDER IN a ROBBERY.
''The law" continued the court, sis that
when men enter into conspiracy or con-
JGderate together TO commit crime of a
ature, or under such circumstances as
viii when tested by human experience
probably result in taking human life, if
such necessity should arise to thwart
eAem in the execution of their unlawful
designs, 1t must be presumed that they
all understood the consequences which
might reasonably be expected to flow
from carrying into effect their unlawful
combination, and to have aSSented to the
t&king OF human life ii necessary to ac-
cOmplish the objects OF the conspiracy.
II, therefore, While executing a common
design, one cOnSplratOr commits murder
ii is in contemplation of law murder COM
nlitted in furtherance of the common
purpose, not only by him who strikes the
fatal blow, but in all who enter upon or
take part in the execution OF the purpose
for which they confederated together
= he law, in other words, holds each party
10 the conspiracy responsible for the acts
Of each cocOnSplratoridone in pursuance
and furtherance OF the common design,
and this responsibility extends to the
consequences which might reasonably be
expected to flow from carrying it into
effect. 1t results from this that If YOU
ind from the evidence that the murder
charged in the indictment was committed
~ the perpetration or attempt to perpe-
tfate robbery, and you also find that the
defendant Smith, although not actually
present when the otfense was committed,
mad advised and encouraged its commits
sion by others, or aided and abetted
others to commit il, then, and in that
event, he is to be held as one of the actual
perpetrators OF the otfense, and You should
1nd him guilty OF murder in the first de-
gree.n
VERDICT OF GUILTY.
The Judge ceased talking at4:l5 O'Clock,
and the Sheriff took charge of the jury.
taking them 10 the little room used for
that purpose on the top floor of the Court
house.
The spectators loitered about the corri-
dors, discussing the probable outcome OF
the case " hen an hour rolled by and
nothing had been heard from the Jury
room, the general opinion was that the
twelve men were divided in their opin-
ions and would be unable to agree upon