The San Francisco call., 1905-03-10
BEGINS FIGHT
FOR HIS LIFE
David Kiniry Faces a Jury
and Listens to Evidence
Branding Him as Murderer
HOW SMITH WAS KILLED
Policeman COckertOn Tells
of Hearing Shots and See
ing Flashes of Flame
Oakland Office San Francisco Call,
1016 Broadway, March g.

Oakland Office San Francisco Call,
1016 Broadway, March 8.
The trial of David Kiniry for the
murder of Policeman James Hume
Smith on the night of November q,
1908. was commenced to-day. The final
juror needed TO complete the list of
twelve men to listen to the evidence
in the case was secured at noon in
w. w. Walker of Alameda and the
jury as it now stands is composed of
the following men: George w. Shreve,
r. F. Phillips, Otto Niehaus, Carl
kreiling, Alfred H. Hay, Farley B.
Granger, j. A. Marshall, Justice Over
acker, C. A. McClain. A. P. Partridge,
John M Greed, w. W. Walker
With the completion of the panel the
! case was introduced. Deputy County
Surveyor p. A Haviland was called
and identified map made of the
streets in the vicinity of where the
crime was committed and gave a gen.
eral description of electric lights,
| fences, trees and the yards in that To-
cality.
He was followed by Police Judge
Mortimer Smith, who testified as to the
death of his brother at the Receiving
Hospital from a bullet Wound.
Then came the story of the shooting
| by Policeman j. NJ Cockerton. He
! left the police station that night with
Policeman Smith, and together they
went to Thirteenth and Jackson streets,
where they separated. AS he began
the recital of his story the spectators
who have crowded the courtroom for
two days began to fill the passage
ways in order to obtain coigns of van
| tage from which to view the proceed
! ings. Judge Greene made an order to
have all take seats.
When Cockerton left Smith he went
south on Jackson street from Thir-
| teenth, while Smith went in the oppo-
site direction. He had reached Tenth
street when he was startled by pistol
shots. There were two in rapid sue
cession, then three more and in a few
seconds two more. He saw the flashes
of the last two shots and when he ran
up to the corner he found Policeman
! Smith lying face down on the steps OF
! the home of Charles E. Palmer at
Fourteenth and Jackson streets. He
was mortalIy wounded. Cockerton hur-
| ried UP Jackson street to see If pos
sible which way the fleeing robbers
went, and he stumbled over the form
| of Goldstein on the grass of side
walk near Fifteenth street.
He recounted how he explored the
neighborhood and how he collected pis-
! oils and other evidence. There was
nothing in his testimony, however, to
connect Kiniry with his story.
The next witness called was DR.. o.
d. Hamlin. In hfs testimony the doc
| tor told of the wounds received by the
deceased and of his dying statement
The most important statement made
| and one that goes to the very root OF
! the case was Smith said as 1 was
| talking 20 the two men one stepped
back and fired, then 1 fired and / got
one of them, but 1t was not the one
got that fired at me-"
Kiniry's hope of salvation lies in the
fact that the prosecution will not be
able to show that he fired the fatal
shot and that he will be able to show
that Goldstein was the one who did it.
The statement of Hamlin may place
the accused mans head in the moose
An adjournment was taken until to-
morrow morning.