The daily morning journal and courier., 1904-12-24
NAN PATTERSON'S FATE
 RESTS WITH. JEROMB
QUESTION OF NEW TRIAL MUST
 BE DECIDED BY HIM.


 Agree-wm Move at Once for 2 Re duction of the Bond-Great Interest In the Case.
 New York, Dec 2S.-Following day of intense nervous strain. Nan Patter- son tonight is in the Tombs, ill and perhaps on the verge of a breakdown, but with constant attendance.
 The former show girl, expecting ac- quittal at the hands of the jury which has listened to the evidence in her trial for the murder of Caesar Young last June, went into court this noon to learn that the twelve men chosen to decide as to her innocence or guilt had been unable to reach an agreement-in fact, had divided evenly over the question as to whether or not she held the revolver which ended Young's life.
 The jury stood six to six-half for ac- quittal, the other for conviction. AL though no official announcement was made further than this, courthouse talk had it that of the six deciding against Miss Patterson none was for conviction of murder in the first de- gree, that one held out for murder in the second degree, two for manslaugh- ter in the first degree and three for manslaughter in the second degree.
 Immediately the announcement of the verdict was made Miss Patterson broke into fit of weeping, which continued even after she was led from the court room to retiring chamber, where phy- sicians were called and restoratives ad- ministered.
 Then she was taken to the Tombs but she again wept and moaned and be- came hysterical and the efforts of her aged father, the prison matron and at tendants to quiet her were futile.
 The demonstration in the court after the encouragement of the disagreement Mas somewhat remarkable, many press ing forward to express sympathy for the young woman.
 Abraham Levy chief counsel for Miss Patterson, called on his client in the Tombs late this afternoon and remain ed with her an hour He was i'll in bed when the court convened but when he learned of the action of the jury he went to the jail to cheer his client.
 eThe girl is in a very bad mental condition,'' he said after he left her. s'She is almost constantly hysterical, but I don't think she will collapse. I hope I left her in a somewhat better frame of mind I, of course, cannot tell what we will do for her yet. The coun- gel for the defense will have consulta- tion and will then do the best we can for her. If the re-trial is not right away am going to make a desperate effort to get bail for her will plead with MT. Jerome to reduce the bail to $i5.000, and I will be able, I think, to arrange for that amount and thus let her have her freedom while again awaiting the long nerve -wrecking or deal she will have to face"
 Interest tonight centered in what the district attorney will do in the case. District Attorney Jerome has not said what he will do, but it was intimated that the way the jury stood would in- fiuence him in favor of a new trial.
 The jury took but one ballot, accord ing to the foreman, and devoted the remainder of the time to discussion, From first to last the division was even One juror is quoted tonight as saying that one of those who stood for acquit- tal tried on the coat which Young wore at the time of his death and with a re- yolver attempted to demonstrate that suicide was possible.
 The interest in the case was so in tense that the crowds which had stood outside the court building all the morn. ing pursued Foreman Harmer, of the jury, when he left the court after the final adjournment He boarded car but men chased this to his business of fee and mounted policemen were called upon to disperse the throng.
 Abraham Levy tonight issued a statement, in the course of which he said:
 From our understanding of the law applicable to it. and careful analysis of the material proofs which could be regarded as having any legal or logica relation to the case, we felt confident that the trial would result in the girls aeouittal; and we are disappointed ai l the outcome.
 tWe are more convinced than evel that a verdict of guilty never VIII b' reached in the case Whether or no there is to be third trial is matter largely resting in the official Judgmen of the district attorney whose conclu sion on that subject necessarily will bt affected by his legal Judgment as to tn probability of conviction, and his more purely official Judgment whether or no the county should be subjected to thu enormous expense which another tria of such case entails.
 After expressing his appreciation Q the work of Judge Davis and reviewing the fact that there was no coroner's in quest, and that the defense did no have the minutes of the grand jur! which indicted Miss Patterson, MT Levy continued:
 "The defendant is wholly withou means. When counsel assumed the de fense of her case 1t was with the under standing and in the expectation tha the defendant would be sufficient. equipped with means, if not to properl, compensate them, at least to meet tn actual expenses which were bound t arise. This she has never been able t do, so that during the progress of tn trial we did not even have the stenog rapher's minutes of the testimony, bu were obliged to depend upon our owl notes as to proofs given through a tria spreading over three weeks.
 Probably the most important w1tnes 4f,o s7aFay,e,a S1,nY1Id 11atYa hneu Mis-