Arizona republican., 1904-12-22

Rand began by complimenting Mir. Levy on his plea for ais client, saying: If we did not listen to it with ac- quiescence we did at least with re- .spect." He warned the jury, however. that they should not be influenced by the plea for sympathy to which coun- sci for the defense had been driven by the insurmountabIe wall of evidence which confronted him.
 After informing the jury that the prosecution and the defense agreed that either Young killed himself or was killed by the defendant he attempted to show that the suicide or accident theory had been disproved. In this connection the headless and legless skeleton, which has figured in the case was again brought before the jury. MT, Rand insisted that nothing more than the testimony of Pawnbroker Stern was needed to prove that Young was the victim of premeditsted mur- der. Defendants counsel agreed, he said, that the gun was purchased for the purpose of killing Caesar Young, making it clear beyond a doubt that the killing was deliberate and premed- itated. He maintained that the state had proved by competent witnesses. that Yo1ng never carried a revolver and that he had no revolver the day he was killed. That he said, would destroy the suicide theory.
 The testimony of experts, which was made light of by MT. Levy, was warm ly defended by MT. Rand. He insisted that men who had been trained in cer- tain lines were more competent to tes- tify regarding those certain things than one who had had TO special knowledge of the subject Therfore the testi- mony of Dr. Phelps, an expert on gun shot wounds, should be accepted at it's gfull value. That testimony, said he, proved that Young could not have held the revolver in a position to make such a wound as caused his death. He declared also that all conditions were opposed to the suicide thecry. A man contemplating such an act usually is morOse while Young that morning, had every reason for an exactly opposite feeling. He had just shaken from his shoulders a burden which he had car ried for a year or more.
 In referring to the appearance of Miss Patterson on the witness stand and the story told by her in her own defense MT. Rand made a. bitter attack on the opposing counsel, charging that her testimony had been rrepared in typewriter form and fully Tehearsed before she was called.
 "I don't want 70 say anything about my brothers in tie profession" he said , but I will say there are those among her defenders who are capable of pre- pairing testimony which they know to be false l name no names and I stand ready to prove what I say if there is any question raised on that statement. % Even she, clever actress as she is, the stony hearted, cool masked. avenger.' % said he, could not convince a child of the truth of her narration
 He pointed out in her story what he claimed to be numerous inconsistencies, and charged that tFe whole thing wos built up for her in a clever manner from the peoples case. This story, however, lacked corroboTation. Many of the important points could have been proved by J. Morgan Smith, the defendants brother-in-laH, yet he had not been produced. This was due, he declared, to the fat that the defense did not care to bring him forward for then the prosecution would prove the claim it has made all along and still insists is true. that he purchased the revolver with which Young was killed. MT. Rand concluded his argument at 5: 30 p. m. and Justice Davis question ed the jury and told them to keep their judgment suspended on the issue of the case. An adjournment was then taken until tomorrow morning, when
 Justice Davis will deliver his charge. l