The San Francisco call., 1904-11-26
j. Morgan Smith Run Down
by Prosecution in the Nan
Patterson Case After a
Search of Many Months
LOCATED in WEST
NYACK, NEW YORK
Is BrOther-in-Law of the
Actress and Is Accused
of Purchasing Pistol With
Which Young Was Killed
Special Dispatch to The Call.


NEW YORK, Nov. 25-J. Morgan
Smith, the brother-in-law of Nan"
Patterson and the man who is said to
have purchased the revolver with which
Caesar Young, the bookmaker, was
killed. was arrested to-day shortly be-
fore noon in West Nyack, N. Y, by De-
tective Sergeant Judge of the central
office staff. Smith is now locked UP in
a cell in police headquarters.
Smith is the witness for whom the
District Attorney and the police have
been hunting ever since the criminal
authorities decided to prosecute Man"
Patterson on the charge of having mur-
dered Young while riding downtown
with him in a cab on the, morning of
June last.
Smith disappeared at the time the
Coroner's inquest into the death of the
bookmaker was going on. He was re-
garded by the prosecution as its most
important witness, and extraordinary
efforts were made to find him. No trace
of the man was found until three days
ago, when a clew was discovered by
the central Office men who were en-
gagged in the search.
In the opinion of the lawyers defend
ing Nan" Patterson the District Attor-
ney will be unable to prove case suf-
ficiently strong against their client to
warrant Judge Davis in submitting the
matter to the jurys consideration.
They have hopes that it will be un-
necessary for any defense to be offered.
This opinion. however, is not held by
other members of the criminal bar who
have followed closely the testimony
that has been given thus far.
One of her lawyers said to-day that
if any testimony is to be submitted by
the defense Nan Patterson would be
placed on the stand to tell her own
story of exactly what took place be-
tween herself and Caesar Young while
they were occupants of the hanson in
which Young was shot. He said fur
ther that testimony would be given
which would show that it was not the
Patterson girls brother -in-law, j. Nor
gan Smith, who purchased the revolver
at Hyman Stern's pawnshop in Sixth
avenue the day before the shooting.
Rand does not believe that Man"
Patterson will be permitted to take the
witness stand to undergo a cross-exam-
ination that would be merciless. When
the trial is resumed Rand will offer tes-
timony to establish the motive that he
holds caused the shooting.
Nan" Patterson had an uneventful
day in the Tombs to-day. Her father
and her lawyer were her only visitors.
She daily receives letters. Two in her
mail yesterday bore offers of farmers
to marry her.
A new and important witness, whose
identity thus far has been carefully
concealed, will be brought forward by
the prosecution, according to a story
which gained circulation to-day. Be-
yond the statement that the witness
is a woman, that she is young and
that she was we'll acquainted with both
Young and the woman now on trial, the
report was indefinite. OF the nature Of
the disclosure which the witness is ex-
pected to make nothing could be
learned. That the testimony is con-
dered of great Importance by the pros
ecution, however, seems apparent.
According to the report the woman is
constantly under the guard of detec-
tives The calling of this mysterious
woman to the witness chair is said to
be only one of the many startling fea-
lures of Assistant District Attorney
Rand's case.
Almost of the same Importance to
the strength of his chain Of evidence
are several documents he has obtained
possession of since Miss Patterson has
been a prisoner in the Tombs. It has
been claimed since the arrest Of the
young woman that the prosecutor had
secured possession of letters which, it
is alleged, show that the defendant
made threat against the life of Young.
but the documents, which it is said
will be produced as a complete sur
prise, are Of different character.