The daily morning journal and courier., 1904-12-22
NAN PATTERSON'S CASE
 GOES TO JURY TO-DAY
JUDGE DAVIS TO MAKE HIS
 CHARGE THIS MORNING.

ImpassiOned Arguments by the Prose
 cution and the Defense-Listeners
 swayed to Tears by Defendant's
 CounseI-Bitter ArraIgnnent of the
 Accused by Mir. Rand-DecIares
 Every Action Proclainls Miss Patter-
 sons Guilt.
 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 day spent listening to the arguments of counsel. It had been expected that the case would go to the jury before o'clock. but Judge Davis put his charge over until to-morrow
 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 impaGsioned and eloquent. MT. Levy swayed his nsten- CTS to tears at times by his references 10 his client and the home coming ilI Washing ton which he anticipated. Flac- ing a 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 sen- .tences He that is without sin among you let his cast the first stone, anu then he sad 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 nore?'
 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 wo- man?
 Do not send her to her doom now when the entire world is rejoicing. See, she sits there abandoned by all except that old man, her aged father. leave her in your hands, confident that you will acquit her and restore her to her devoted old father at a time when ev- erything proclaims Peace on earth; good will to men. I ask you to allow her to take him home to the aged wife and mother who awaits them and give her a chance to live a new life with them in her home.
 MT. Rand's argument was severe arraignment of Miss Patterson and wen the prosecutor pitilessly condemned ed the woman as the murderess of Cae- sar Young, she quailed under his invec- tive.
 Actress, stony hearted, cruel mouth ed avenger that she is, the story she told, the manner of her telling 1t, ought not to be convincing to a child.
 Every action proclaims her guilty. have never seen real murderer who has not been distinguished by coolness calmness and unruffled demeanor and eonceit. Never yet was there murder CT who was not anxious to testify be- lieving that his story would prove con- vincing to the jury" thundered the prosecutor.
 In detail he held up her character to the jury and asked if 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 were not spared by MT Rand, who, after saying that the defendants testimony had been typewriter and learned by heart, added: There are those among her de- lenders who are capable of preparing testimony which they know to be false. II name no names, and I stand ready to prove what say if there is any ques- tion raised on that statement. {
 J. Morgan Smith and his wife were denounced by the lawyer.
 Most impressive was MT. Rand's att tempt to show the jury that Young could not have shot himself. The skel- eton which had already appeared dur ing the trial, was brought forward and the attorney went over the details of the entrance of the bullet and the di- rection it took after entering Young's body. During this recital Miss Patter- son covered her face with her gloyed hands. MT. Rand used the revolver with which Young was killed to prove that in no position could it have been held by Young to infiict the wound that caused his death. Facing the jury, with the pistol in his outstretched hand, the prosecutor exclaimed: Gentlemen, I will give you this revolver to take into the jury room, and If any among you can hold 1t as the defense theory of suicide would require you to hold 1t in order to inflict this wound and then pull the trigger, I will consent to your set ting this defendant free on the spot.
 The remainder of the speech was given over to eontroverting the testi- mony of the defense.
 After MT. Rand's speech, MT. Levy said:
 That was the most wonderful advo- cacy of any cause the most masterful speech that have ever heard in a criminal case in an experience in the courts of twenty-four years.
 Tn spite of that, I am confident that Miss Patterson will be acquitted" t@t --------------- #E7 #S85