The Birmingham age-herald., 1904-12-20

could not. He was strengthening out his business affairs.
 T went to the Gravesend track and remained there until after the sixth race" she said. We got to New York at 6.15 o'clock and went to where my sister was living" Did you not visit pawnshop on that day?"
 Never"
 Were you present on that day, or any other, when a pistol of any character 1 was purchased by Mr. smith?'
 Never"
 Did you ever see Hyman Stern, the pawnbroxer, before he appeared on the witness stand?" l NO"
 Were you in Pabst's restaurant that night?"
 T was not"
 Were you anywhere near that place on that night?"
 T was not"
 You heard Joseph Hewitt testify that you came out of that restaurant with a man; that a cab stood by; that he sald You must' that you said, T won't and that he struck you in the face, Is that true?"
 Tt is not"
 She told of her meeting that night with Young and denied the testimony of Will liam Luce. She said that she neither quarreled with Young nor cried, and that Young did not strike her.
 Did you say you would prevent him from taking passage on the boat?" she was asked
 No" she answered.
 Did Not Strike Her.
 When they left the saloon they walked over to One Hundred and Twenty fifth street and Eighth avenue, where Luce hailed a cab. She continued:
 "I wanted Young to go home with me, and then drive back but 1 wanted him to leave MT. Luce behind. As l walked Lack he caught my arm, and as he help ed me to the cab, he playfuly put his hand to my face. That was a way he had of betting me He never struck me-
 Miss Patterson said that next morning she was awakened by Mrs. Smith, who said Young had teegraphed her to meet him at Pabst's in Columbus Circle She took her handbag containing a hand kerctief and calling cards and started Young was angry she said, because she was so long in arriving at Pabsts. She also said he felt the effects of what he had been drinking. After taking a drink they started down town in a cab. She denied that she knew they were on the way to the steamship pier. Young stop red at a store and then went into a sa- loon, where they had two drinks of whiskey.
 Mr. Levy showed the witness a postal card which Young had given her con taining her name and address.
 You saw him write this eard?'
 Yes"
 He gave it to you?''
 'Yes; he said Take this. It Is some thing that you may need.
 Suddenly Heard the Report.
 He then got in the cab and we went down town. He talked about his going away, and he kept questioning me about going away, too. told him to go away and leave me for while. He said I could come over to meet him when things had quieted down. He said he might not sec me for a long time, while I also said that he might never see me again. He was getting more and more excited, and put ting his arm around me, he grabbed roughly and kind of pushed me over toward the side of the cab. All of a sudden I heard a report. There was d hash-the end
 Did you see the pistol in Young's hand?" asked MT. Levy.
 No"
 What happened after the report?"
 He fell over in my lap. He raised half way up and fell down again. It seemed ages before any one came.'
 She then denied that she shot Young or that she ever owned a revolver. This ended the direct examination, and court adjourned until tomorrow. when MT. Rand will begin the cross examination.
 First Witness Was Called.
 Having waived the privilege of making an opening address MT Levy called as his first witness Ida r. Townsend She said that on June last she was employed as a telephone operator at the St Paul hotel where ,he defendant and Smith re- sided The witness recognized the defen- dant and said that Nan Patterson oc- cupied an apartment at the hotel On the evening of June Miss Patterson came to the desk and toid her that if any one else but Caesar Young called for her to tell them she had zone out to dinner Later in the evening Young called up and gave her a message which was de- livered to Miss Patterson.
 Edward S. Grossman. clerk in an Eighth avenue confectionery store, said that Young used the telephone in the store shortly after o'clock on the morn ing of June 4. According to the witness when Young got his connection through the central office he said; Good morn ing How do you feel this morning? Hurry up and get dressed and meet me-
 The first alleged eyewitness of the tragedy in the cab called by the defense was Milton " Hazeton, an inventor, of Oneonta, N. Y. MT. Hazleton said he was visiting in New York early last June and was on West Broadway on the morning of June 4 He was walking slowly along when he saw hanson cab approaching. There were two persons in the cab, one woman, whom he identi- fled as the defendant, and the other a man, As the cab neared him he saw the flash of a revolver
 Did the man have the revolver in his hand at the time of the report and fiash?' asked Mir. Levy.
 "He did, ;" replied the witness. He had both his hands raised above his left shoulder. As the shot rang out the mans head fell into the womans lap and she placed her hands on the top of his head" a Nan Patterson Is Called.
 Nan Patterson was called to the stand