The Barre daily times. (Barre, Vt.) 1897-1959, 1904-12-12
MAY HAVE
A SURPRISE
Nan PatterSOn'S Council Do
Not KOw
WHAT PRORECUTION HAS
Secured in the Way Of Evidence About
the Whereabouts Of Her Brother
in-law, J. Morgan
Smith.
WHAT PRORECUTION HAS

New York, Dec. TO-. Although Nan
Patterson's counsel, Abraham Levy,
Henry W. Unger and Daniel oReilly,
profess confidence that the outcome Of
her trial for murder must be an acquit-
tai, they evidently do not know exactly
what evidence Asst. Dist -Attys. Rand
and Caravan have obtained relating to
the disappearance Of her brother in-law,
J.. Morgan Smith, and his wife, Mrs.
Julia Patterson Smith.
In the former trial, which was brought
10 an abrupt close through the illness
Of 4 Juror, this phase Of the case had
not been reached In his opening 10 the
jury in the present trial, Mr. Rand
aecentuated the Importance Of Smith in
the case on the ground that it was be
that had purchased the revolver in Hy-
man Storms pawnsbop the day before
Caesar Young was killed.
eve will show how Smith went away,
where he went to, and who helped him
to 90" said Mr. Rand.
1t was probably to lay the foundation
for this testimony that Mr.. Rand called
Air. 0Reilly, one Of the lawyers for the
defence, to the witness stand Friday af-
ternoon and questioned him about Mr..
and Mrs. Smiths relationship to Nan
Patterson. Mr.. O'Reilly is supposed to
have been specially retained in the case
by man who was frequently seen in
the company Of the actress before her
arrest
Smith and his wife lived with Nan
Patterson at the st. Paul Hotel. Both
Of them went to the coroner's office at
tile time she was taken there by the po
lice. III was after they had seen her
that her handbag, which plays a prom
inent part in the testimony, disappeared.
Although, according TO the defendants
statements to the police there had been
no scnfile in the cab before the shooting,
she told Policeman Quinn that the handle
OF the bag had been broken Sin the
excitement The bag is said to have
been fully large enough to contain the
revolver which was found in Youngs
coat pocket after he was shot, the wom
an having almost denied knowing where
the revolver was, and afterward asserted
that she had placed her hand on it in
the pocket after Young fell over her
lap. ~
Smith was under subpoena TO appear
befares Che grand jury when he disap.
Feared on the day the pawnbroker who
sold the revolver was located, He would
be liable to arrest if found in this state,
but he could not be extradited. His
whereabouts has hitherto escaped the
vigilance of the newspapers.
His flight formed d link in the chain
of evidence against his sister in law.
The purchase Of the revolver On the
eve Of the shooting and the allegation
that she carried it with her when Young
was about To leave her will be put for
ward to show generalization Although
Air. Rand announced that generalization
need not consume any appreciate length
Of time, being the flash Of the brain
that had formed an intent. If Nan
Patterson intended to shoot Young, the
time that she took TO deliberate is not
material.
According to Mr.. Rand, the motive is
not essential, except as additional evi-
dence Of guilt. 1t is not necessary for
him to show motive, though it is easy
to surmise that he win assert, in sum
ming up, that she shot Young because
be insisted on leaving her
The woman spent quiet day in the
Tonbs. Her father spent part Of
the forenoon with her and cheered her
with promises that he would soon take
her home Her trial VIII be resumed Mon.
DAY morning