The Montgomery advertiser., 1904-12-22
COURT HEARS DOCUMENTS
 S4 j, Rapi and Levy Make / Speeches. ,~AsE DID NOT GET TO JURY Nan Patterson is Confident of AcQuittal. Counsel for Defense Brings Tear. to Eyes of Jurors In His Appeal
 for Chr.stlike Con-
 sideratioa.
 
>ASE DID NOT GET TO JURY

,s
 New York. Dec. 21.--Judge Vernon M. Davis did not deliver his charge to the jury in the trial of Nan Patterson, the former actress tonight, but sent the jurymen home to rest after a day spent in listening to the arguments of coun- sel. It had been expected that. the case would go to the jury before 6 o'clock but Judge Davis put his charge over until tomorrow. .-
 Abraham Levy. chief counsel for the defendant. occupied the time of the morning session with his argument, while Assistant District Attorney Rand took up the afternoon with his speech. Both addresses were impassioned and eloquent. Mir. Levy swayed his listen- CTS to tears at times by his reference to his client and the home e-coming in Washington. which he anticipat ted. Placing Bible on the railing in front of the jurors MT. Levy read the eighth chapter of the Gospel of St. John. He laid particular emphasis on the sent ence: He that Is without sin among you, let him cast the first stone" and then he said to the jurors: Will you say to her who sits before you here. in the words of Him who spoke at that time, Woman. go and sin no more?'
 With the happiness of your own home before you and with the joy of the Christmas festival in anticipation, are you going to condemn this young woman?s A
 Do not send her to her doom now when the entire world Is rejoicing. She sits abandoned by all except that old man. her aged father leave her in your hands. confident that you will &C., quit her and restore her to her devoted old father at time when all proclaim Peace on earth and good will to men. ask that you allow her to take him home to the aged wife and mother who awaits them and give her chance to live new life with them in her home
 MT. Rand's argument was a severe
 arraignment of Miss Patterson, and when the prosecutor pitilessiys con- demned the woman as the murdercss of Rookmake~ Caesar Young, she quailed under his investives. Actress, stony hearted. cruel-mouthed avenger that she Is, the story she told. the manner of her telling it ought not to be con-
 vincing to a child.
 Every action proclaims her guilt. have never seen a real murderer who has not been distinguished by coolness. calmness and unruffled demeanor and concelt. Neither yet was there Il mur- derer who was not anxious to testify. believing that his story could prove con vincing to the jury" thundered the prosecutor.
 In detail he told her character to the jury, and asked If a woman like her was able to have any love other than that of a beast" The beast in the
 woman called to the man and the beast in the man answered" he said.
 Miss Patterson's counsel was not
 spared by Mr. Rand who after saying | that the defendants testimony had , been typewriter and learned by heart added: There are those who are cap- l able of preparing testimony which 1 they know to be false. name nc names and stand ready to prove what I say if there is any question raised on that statement"
 J. Morgan Smith and his wife were
 denounced by the lawyer. Most i'm pressive was MT. Rand's attempt. to | show the jury that Young could not
 have shot himself. The skeleton which
 had already appeared during the trial
 was brought forward and the attor- | ney went over the details of the en- | trance of the bullet and the direction l it took in entering Young's body During this recitai Miss Patterson GOV. cred her face with her gloved hands
 MT. Rand used the revolver with which 1 Young was killed to prove that in nc position could 1t have been held by
 Young to inflict the wound that caused his death. Facing the jury with the
 pistol in his outstretched hand the
 prosecutor exclaimed:
 Rand's Final Appeal
 "Gentlemen, I will give you this re- h. 4x,... l if any man among you can hold 1t as the defence's theory of suicide would require you hold it in order to in- flict this wound and then pull the trig- ger, I will consent to your setting this defendant free on the spot"
 The remainder of the speech was
 given over to contrversting the testi- mony of the defense. After MT. Bands
 speech MT. Levy said;
 That was the most wonderful advo-
 cacy of any cause. the most masterful 1 speech that I nave ever heard in a
 criminal case In my experience in the courts of twenty-four years.
 Tn spite of that, I am confident thta
 Miss Patterson will be acquitted" The appearance of the court room
 when Justice Davis took his seat on
 the bench today was in marked con | trast to that of yesterday and the
 day before. Not more than half the
 seats were coupled today. Mir. Unger
 of counsel for the the defense re- newed his motion for Justice Davis to
 order the acquittal of Miss Patterson
 without further proceeding. but the
 court denied the motion and directed counsel to proceed with the arguments.
 MT. Levy then began the closing ad- dress to the jury for the defense. MT. Levy impressed upon the jury the fact that Miss Patterson was not be- | ing tried for immortality. No woman becomes bad because of innate depravt-
 ty said he. She becomes bad of the | incentives of men and the weakness of her nature. If a man takes his life because of love of her. why punish her? ! IT her soul were as black as the gates | of hell. she was nevertheless entitled under the law to as fair a treatment aa if she were the sweetest and purest.
 you cannot bring back the dead" said MT. Levy. but if Caesar Young
 were here today. think he would
 sneak a few words for this poor girl vhom he made his plaything"
 MT. Levy declared that every effort | of the prosecution had failed to sustain 1 inc charge that Miss Patterson pursued ana Threatened to separate Young from