The Montgomery advertiser., 1904-12-24
JURY COULD
 NOT AGREE Nan Patterson Jill in
 Tomk
 -S- NERVE HAs+ialvEN AWAY Defendar Sin Trial on Verge
 If Collapse. Former Member of Famous Florodors sextette Breaks Down After Three Weeks Ordeal in
 New York Court.

NeW 1Ork, DeC. ZS.-tOllOWinS day of intense nervous strain Nan Pat terson tonight is in the Tombs i'll and perhaps on the verge of break down. but with constant attendance.
 The former show girl. expecting &C., quittal at the hands of the jury which has listened to the evidence in her trial for the murder of Caesar YounG last June went into court this noon to learn that the twelve men chosen to decide as to her innocence or guilt. had been unable to reach an agree ment, and in fact had divided evenly over the question as to whether or not she held ths revolver which ended Young's life.
 The jury stood six to six, half for acquittal, the other for conviction. Although no official announcement was made further than this, court house talk had 1t that of the six voting against Miss Patterson, none was in favor of murder in the first degree that one held out for murder in the second degree. two for manslaughter in the first degree and three for man. slaughter in the second degree. The demonstration in ths court after the announcement of the disagreement was somewhat remarkable. many pressing forward to express sympathy for the young womon.
 Mental Condition Bad. The girl is in a very bad mental condition" said Abraham Levy, her attorney. after visiting Miss Patterson in the Tombs prison. She is almost constantly hysterical but I do not think she will collapse. I hope I left her in somewhat better frame of mind.
 T of course cannot tell her what we will do for her yet. The counsel for the defense will have a consultation and will then do the best we can for her. If the retrial Is not right away I am going to make a desperate effort to get bail for her. I will plead with Mir. Jerome to reduce the bail to si5.- 900 and I will be able, l think, to ar- range for that amount and thus let her have her freedom while again waiting the long nerve-wrecking or- deal she will have to face." Interest tonight centered in District Attorney Jerome's future action. He has not said what he will do but 1t was intimated that the way the jury stood may influence him as to a new trial.
 The jury took one ballot, according to the foreman. and devoted the re- mainder of the time to discussion. From first to last the division was even. For twenty-four hours they discussed the evidence and one juror is quoted tonight as saying that one of those who stood for acquittal tried on the coat which Young wore at the time of his death, and with a revolver attempted to demonstrate that suicide was possibls.
 The interest in the case was so in- tense that the crowds which had stood outside the court building all the Enraman Harmar of the jury when he left the court after the final adjournment. He boarded a. trolley car but men chased the car to his business office and mounted po- ucemen wers called to disperse the throng.
 Abraham Levy tonight issued a statement in the course of which he said:
 "From our understanding of the law applicable to it and a careful analysis of the material proofs which could be re- garded as having any legal or logical relation to the case, we felt confident that the trial would result in the girls acauittal and We are disappoint- ed at the outcome.
 We are more convinced than ever that a verdict of Guilty never will be reached in the case. Whether or not there is to be a third trial is mat
 
 ment of the district attorney whose conclusion on that subject necessarily will be affected by his legal judgment whether or not the county should be subjected to the enormous expense which the trial of such case means.
 After expressing his appreciation of the work of Judge Davis and review ing the fact that there was no coron- CTS inquest and that the defense did |, ,fr,ttf n grand which indicted Miss Patterson, MT. Levy continued:
 Miss Patterson Without Means.
 'The defendant ; wholly without means. When counsel assumed the defense of her case 1t was with the understanding and in the expectation that the defendant would be suf1cient- ly equipped with means, If not to prop erly compensate them, at least to meet the disbursements and actual expenses which are bound to arise. This she has never been able to do; so that dur ing the progress of the trial we did not even have the stenographer's min utes of the testimony and were obliged to depend upon our own notes as to proofs given through trial spreading over three weeks.
 Probably the most important wit ness for the defense should have been Miss Blake, tne lelepHohc OpCloSol dh the St, Paul hotel who received the various messages which the deceased sent on that morning. But we were entirely without means to secure her attendance at the trial and only dis covered her whereabouts in St. Louis while the trial was in progress.
 There were many other embarrass- ments from which the defendant suf- fered with regard to the non appear ance of witnesses which are well | known to the public.
 We feel confident that now. in view 1 of the wide publicity given the case. other witnesses will come forward if necessary to corroborate the defend ants story in all its substantial de- tails. We question however whether the district attorney will move for a | third trial. of the case"
 | The jury in the Nan Patterson case reported at 12:51 that they could not | agree and were discharged a few mo- ments later by Judge Davis. When the jury came in at 12:50 Miss Patterson became very nervous. The color of her face seemed to deepen. if