The Birmingham age-herald., 1904-11-22
District Attorney Outlines Case to be Mad' Against
 the Defendant
SEVERAL WITNESSES ARE
 EXAMINED DURING DAY
Policeman Tells of the Scene on Broadway Where the Killing of Caesar Young Took Place
 In Hanson Cab.

New York November n.-The trial of Nan Patterson for the murder of Book maker Caesar" Young was fairly be- gun before Justice David in the supreme court today and when adjournment was taken at { o'clock this afternoon, As- sIstant District Attorney Rand had con- cluded his outline of the states case and had examined several of the witnesses for the prosecution.
 The stories that there would be fnr- ther delays fin the trial were carly dis posed of by the announcement from the court that Foreman Hendricks of the jury who had asked to be relieved. would not be excused.
 There was not an unusually large crowd in court this morning but when the doors opened for the afternoon session there was a rush ito gain admittance which swept the squad of court officers off their feet.
 During the trial two skeletons, one of man and another of woman. will be brought Into the court room to be used in demonstrating the theories of attor-
 
 be used by the prosecution and the other by the defense There will be long periods during which evidence will be introduced to show the probable course of bullet at close range.
 Lord Daniel O'Reilly. one of the attor- neys for the defense, announced that Miss Patterson's former husband, Louis Martin, from whom she was divorced several years ago. would appear during resides at Washington.
 MT. Rand warned the jurors that In considering the evidence submitted in this trial they must not allow themselves to be influenced one, way or the other by the fact that the defendant is a woman.
 For Men and Women Alike.
 The laws were made for men and wo- mne alike. He said the only question for the jury to determine was whether the defendant was guilty of murder as charged lt was admitted, he said, that either Young killed himself or was killed oy the prisoner at the bar. The prose- cution was prepared to show not only that Miss Patterson fired the fatal shot. but that the act was one of deliberation and reconciliation. They would show the crime was planned for at least thir- teen hours and that it was conceived day before the tragedy when the pistol was bought All this would be proven by circumstantial evidence and the chain of circumstances as presented by the prosecution would be so strong that even If the defense should put thousand men on the stand and each one of the thousand said he saw the man fire the shot, the jury would not believe one of them.
 Continuing, MT. Rand said:
 Tn this case. we will take you to the scene and introduce you to persons who visit the race track, all-night @Tenderloin' cafes and patronize the rowing cabman. Caesar Young came to this country fourteen years ago from England and rom that time he was always on the go rom race track to race track, always making money. He possessed traits that nan ought not to be proud of, but he had other traits that will recommend him to you. He was a fair gambler, who gave honest orders and never welched. He was | man of prepossessing appearance with l frank face and pleasing eye.
 Was Sngularly Susceptible.
 He was ~singularly susceptible to the 'harms of women, and it was easy for a woman to work her way into his affec-
  ,alled herself Nan Randolph, no matter where races we're run and books were made, Young and Nan were to be found here together.
 Tn March. 1904 in his sane senses. at | his wife's pleading, Young decided to | shake Nan Patterson. She was given $500 | 10 leave him. l am compelled to show the | relation that existed between Young and this woman. This evidence will not be | milk for babies; therefore let us be strong | enough to face the truth, though we | would rather turn aside.''
 He detailed the movements of Miss Patterson and Young declaring that not her as an inducement to leave, Nan said she had a better claim on Young than any other woman and refused to give him up"
 MT Rand described Young's movements on June 8, which he spent with his wife
 He declared that on June B. J. Morgan Smith, the prisoners brother-in-law ac- oompanied by woman purchased a re- volver at Hiram Stevens pawnshop.
 Scenes During the Night.
 ''The same night" he said, Nan and Young met and went to Flannery's saloon where they remained until o'clock the next morning. During the night there were a series of scenes between Young and his mistress. When he told her he was going away she replied that he could not and that he could not hide himself on any ocean liner.
 Next morning Young met Nan and | they drove down town together in the | handsom cab in which the tragedy oc- cured. After the shooting, the revolver bought on the previous evening at the was found in the dead mans | right hand coat pocket.
 "I am going to call everyone that | knows anything about this case. I am | not going to produce J. Morgan Smith | because he has left the state. After the | purchase of the revolver he was seen quarreling with Nan Patterson near the Sixth avenue pawn shop He was heard to say to her You must do it. and she replied I will not Then Smith slapped his sister-in-law's face and pushed her into the cab and sent her home. The we have are persons who saw the things which we expect to prove"
 First Witness for Prosecution.
 The first witness presented by the pros- ecution, Harold M Cole. photographer brought forth an objection from the de- fense. MT. Levy claimed that no pho tographs or diagrams should be introduc- ed as evidence inasmuch as the exact spot where the shooting occurred is not known. The objection of the defense was withdrawn and Cole Identified a set of