New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-12-14
RAND. ACCUSES SMITHS.
Says They Conspired roith Actress
Pa7CnbrOker Fails to Identify Her.

Assistant District Attorney Rand, in charge of
the prosecution of Miss Nan Patterson called to
the stand Yesterday DR.. Ernst J. Lederle, ex-
Health Commissioner. who was unable to swear
that the marks on the shreds Of YOungs skin
which form exhibits in the case. were powder
marks. DR.. Lederle declared that he had examined
the powder stains with a microscope, but had
made chemical eXaminatio for fear OF destroy
ing the exhibits. He could not say whether the
stains had been made by gunpowder. At the sug-
gestiou Of Nj Rand. Dr.. Lederle was allowed to
take one piece of skin for chemical examination,
while the other was given to Mr.. Levy. the prls-
oner's counsel for examination by his chemist
Important testimony later in the day was given
by Hyman Stern, the pawnbroker. The prosecution
maintains that Young and Miss Patterson bought
at Stern's store the revolver with which Young
killed. After Stern had testified that he
could not tell what time of day he had sold the
revolver and had told of his visits to the coroners
office and the Tombs where he the prisoner,
Mr. Levy said, stand up, Miss Patterson"
Miss Patterson stood up. and raising her veil,
faced the pawnbroker Stern could only say that
she the he at the coroner's office.
Mr.. Rand later tried introduce evil
dence the grand jury subpoena served on
Young to which he failed to respond. Mr..
Levy protested, and the court. fearing the ar
guments of counsel might prejudice the de-
PENDANTS case, excused the jury. Then Mr.. Rand
stated that while Smith only wanted an
important and material witness, the real theory of
the prosecution that Smith and his wife had
conspred against Young; that the affair was de-
Iberately planned and that all three took part in
the conspiracy. Mr.. Rand then materially modified
his statement by saying that neither Smith nor his
wife had been accused of completely in the death
Of Young hut had simply wanted to wrong him.
Mr.. Unger of counsel for Miss Patterson said he
much surprised by these and startling
disclosures lie then contended that the introduce
uon of evidence concerning crime committed by
others not legally admissible Justice Davis
reserved decision. Nj Rand's statement concern
ing the Smiths caused great surprise in the court
room. even when he modified il by saying that
Smith had not meant 70 have Young killed, and
was 50 surprised to learn that his plans had mis-
carried thar he turned gre nish pale" on hearing
the news. He also asserted that the Smiths coun-
sci and the defendants father were priyy TO his
ght. and aided him to the best of their ability.
In the morning DR.. Charles Phelps. police sur
geOu. was called by the prosecution as an expert
on gunshot wounds. His testn ony admitted
against the defence's objections. lie said that In
his opinion the shot fired from left to right.
Miss Patterson, 2ccoIdinG TO other testimony, was
seated at the left of Young The revolver
held from three five inches from the body"
witnes said, probably about four inches On Mr..
l4evys objection the jury did not learn whether
the experimental shots fired by Phelps left any
powder marks on his fingers similar TO those
hibited as being on Young's fingers.