The Montgomery advertiser., 1904-12-22
WEATHER FORECAST. wasAlngton, Dec. 21.--For Alabama -Fair Tharsday, Friday, rsin' fresh to southeast winds.

showing at all times Youngs persistent and unfailing admiration
 Referring to the part Miss Patter- sons sister and brother-in-law have had in the case. the attorney said; am not responsible for Julia or her disreputable husband and would to God that could have brought them here. What may or may not have prompted Julia to write the letter which has appeared in this trial don't know. I don't know If t may not be that hiding behind this defendant. Nor gan Smith or his wife were attempting to blackmail the deceased. There Is no evidence connecting the oeienoant with the letter or showing that she knew of its contents. or whethor or not 1t had been sent
 Ha arrued that the whole case of the prosecution was constructed or the most fimsy material. end that this If nothing more should faise douot in the mind of the jurors.
 MT. Levy. claimed that the prosecu- tion had failed utterly in its attempt to show that Miss Patterson had any motive to take Young's life. On the other hand. it had shown that she had every reason 10 want him to live. He supplied her pfentifully with money. eusuring her life of ease and aniuence and she loved him. At the same time all the evidence went to show that Young was a man of many moods and that he had consumed large quantities of liauor within a few hours previous to the tragedy. Was it not possible, he asked that Young with his excttapie nature might have acted hastily when he learned that Miss Patterson had de- cided not to keep her promise 70 meet him in Europe"
 The prosecution. failed at a vital point In it's case. he declared. in being unable to prove that Miss Patterson had a revolver. He maintained that 1t had been proved conclusively that she had no pistol and suggested that the man who purchased the weapon at sterns pawn shop might have been Young's brother-in-law. Luce. that the pistol might have been given Young by Luce when hs saw him, just before the fatal ride began.
 The testimony or expert witness, who apeared before the jury might be dismissed with tho statement:
 :. ."Expert testimony Is no better than | your own common sense. We got ex- perts to testify either one way or the other. They testified only for the side that pays them
 Levy's T0uching Close.
 Mir. Levy read from the Bible the story of the meeting of Jesus and Mary Magdalene. concluding with Christ's words to the woman. 'Go and sin no more" Then pointing to the defendant, l he said to the jurors.
 l DO not send her to her doom now when the entire world Is rejoicing Sec she sits there abandoned by all except that old man her aged father. leave her la your hsnds. confident that you will acqutt her and restore her to her devoted old father at .. time when everything proclaims peace on earth good will to mean ask that yeu al- low her to hake, him home to the aged wife and moth kF who awaits thefa and give her a chance to live new life with them in her home.'
 The court room was filled this af- ternoon when Assistant District Att torney Rand began his closing argu- ment. Mr. Rand began by compli- menting Mir. Levy on his plea for his client, saying. If wa didn't listen to 1t with acquiescenec we did at least with respect" He warned the jury, how ever, that they should not be influ- enved by the plea for sympathy for which the counsel for the defense had been driven by the iusurmountable wall of evidence which confronts him.
 After informing the jury that the | prosecution and the defence agreed that either oung killed himself or was killed by the defendant. he at- tempted to show that the suicide or accident theory had been disproved. In this connection the headless skeleton which has figured in the case was again brought before the jury. Mir. Rand insisted that nothing more than the testimony of Pawnbroker Stern was needed to prove that Young was the victim of a premeditated murder. The 1 defendants counsel agreed. he said that the gun was purchased for the purpose of killing Caesar Young. making it clear beyond doubt that the killing was deliberate and premeditated.
 He maintained that the defence had l proved by competent witnesses that
 Young never carried revolver and that he had no revolver the day he was killed. That, he said. would de-
 stroy the suicide theory. The testi- mony of experts which was made light of by Mir. Levy, was warmly defend ed by him. He insisted that men who 1 had been trained in certain lines were
 more competent to testify regarding certain things than one who had no
 special knowledge of the subjects. Therefore the testimony of Mir. Phelps. | the expert On gunshot wounds, should be accepted at its full value. That testimony, said he, proved that Young could not have held the revolver in Q position to make such a wound as 1 caused his death. | In referring to the appearance Of l Miss Patterson on the witness stand and the story told by her in her owp defense, Mir. Rand made a bitter at tack on the opposing counsel, charging that her testimony had been prepared in typewritten form and fully re- hearsed before she was called.
 1 T don't want t. say anything about my brothers in the profession" he said, but I will say there are those amonk her defenders who are capable of preparing testimony which they know to be false. name no names and stand ready to prove what say 1 If there is any question raised on that | statement"
 Miss Patterson's story. he declared. was a complete failure from the point of view of the defence. Even she. clever actress as she rs, stony-hearted. cool. masked avenger." said he. ''could ] not convince a child of the truth of 1 her narrative." He pointed out fin her story what he claimed to be num- arous inconsistencies and charged that 1 the whoIr thing was built up for her | in a clever manner from the peoples case. This story. however. entirely lacked eorroboration. Many of the important points could have been proved by J. Morgan Smith, the de- | fendants brother -in-law; yet he had not been produced. This was due. he declared. to the fact that the defence did not dare bring him forward for | then the prosecution would prove the claim 1t has T . de all along and still 1 insists Is true-that Smith purchased | the revolver with which Young was