The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-11-22
WHERE is SMITH?
Missing Witnesses in the Nan
Patterson Case.
No Clue to Her Relatives Is
Discovered.
FIGHT FOR PLACES.
Scramble in the Court Room for
Positions.
Policeman the First Witness
In Trial.

New York, Nov. 22.-Searching for
a missing witness who formerly has
eluded the detectives of the district
attorneys office and the possibility that
one of the central figures in the case
the dead mans widow-would ap-
pear before the jury and tell her
story, were the points of special in
terest today, when the trial of Nan
Patterson for the alleged murder OF
Caesar Young was resumed. In out
lining his case yesterday, Assistant
District Attorney Rand informed the
jury that the prosecution after months
of endeavor, had been unsuccessful in
locating ]. Morgan Smith, who, he
claimed, purchased the revolver with
which Young was killed. He hoped,
however, that Smith would be brought
forward by the defense at the proper
time. Later in the day Miss Patter-
sons counsel, Mr.. Levy, said the de-
fense had no intention of producing
Smith.
eff the prosecution wants Smith al
a witness they have got to find him.
We are having our own troubles with
the defense and are not going out OF
our way to help the people supply the
rents in their fabric of evidence"
Mr.. Levy said that he did not know
where Smith and his wife were, nor
would he take any pains to discover
their whereabouts.
Following the announcement 1t was
said that the district attorneys ofrfce
renewed its search for the missing wit
ness with the hope of locating him and
compelling him to appear In court be-
fore it is too late.
Only the announcement that the de-
fendant herself would go on the stand
NAl1
Young could have created more public
interest than the report that the dead
bookmaker's widow might appear in
the case. Since her husband died Mrs.
Young has remained in seclusion, ex-
cept when she called at the district at
torney's office and testified before the
grand jury During the trial she has
not appeared in the court room, but it
is said she has followed all the pro-
ceedings from an adjoining room.
Captain Sweeney. who was in charge
of the station house at the time,
identified the revolver which he said
was found in Young's pocket and
which, he said, he subsequently turned
over to Assistant District Attorney
Garvey with the three loaded cart
ridges and the exploded shell. Miss
of the ride down town and declared
that she had not seen the shooting.
She denied that she had any words
with Young and said that she had
Young'S hand when he fired the fatal
shot and placed it in his pocket.
Cabman Tells Story.
Frederick d. Michaels, who was
driving the hanson in which Young
was shot, said the first he knew of any
trouble in the cab was when he heard
the sound of a pistol shot and his
startled horse sprang forward. A mo-
ment later Miss Patterson opened the
trap and told him to drive to a drug
store. He followed her instructions
without making any investigation and
did not look inside the cab when the
drug clerk refused to treat the in~
jured man and ordered him taken to
a hospital with all speed.
Michaels said he picked UP Young
and Miss Patterson at the Circle al
Fifty-ninth street and Broadway on
the morning of June 4, and Young or
dered him to drive to a hat store.
Young came out of the store wearing
a new hat and they continued on down
town and stopped at a saloon on the
corner of Blocker street and West
Broadway. The mafNsand woman went
into the place and remained there for
several minutes. When they came out
down town along West Broadway.
Neither of them showed any sighs of
liquor.
The man told him to drive rapidly as
he had to be at pier at the foot of
Fulton street at o'clock. 1t was then
between $3.50 and $40 o'clock. They had
just passed Canal street when he heard
the pistol shot and his horse sprang
forward suddenly. A moment later
Miss Patterson raised the lid in the
roof of the cab and told him to drive
to a drug store. When they reached
the drug store the clerk stepped up to
the cab and looked in and then told
him to drive at once to a hospital. At
Franklin street a policeman jumped on
the front of the cab. He then drove to
the Hudson street hospital.
On cross-examination Michaels said
that when Miss Patterson raised the
trap and told him to drive to the drug
store she spoke scared like"
A CURIOUS CROWD