Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-12-22


ever. that they should not be influenced
by the plea for sympathy, to which the
counsel for the defense had been driven
by the insurmountable wall of evidence
which confronted him.
Both Sides Agreed on One Point.
After informing the jury that the prose-
cution and the defense agreed that either
Young killed himself or was killed by the
defendant, he attempted to show that the
suicide or accident theory had been dis
proved. In this connection the headless
and legless skeleton which has figured in
the case was again brought before the
jury Mr.. Rand insisted that nothing
more than the testimony of Pawnbroker
Stern was needed to prove that Young
was the victim of premeditated MUIR
der. The 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 defense had
proved by competent witnesses that
Young never carried revolver, and that
he had no revolver the day he was killed.
That he said, would destroy the suicide
theory.
Testimony Of Experts.
The testimony of experts, which was
made light of by Mr. Levy, was warmly
defended by Mr.. Rand He insisted that
men who had been trained in certain
lines We're more competent to testify re-
garding those certain things than one
who has no special knowledge of the sub
jects.
Therefore. the testimony of Dr. Phelps,
the expert on gunshot wounds should be
accepted at it's full value That testi-
mony, he said, proved that Young could
not have held the revolver in position
to make such a wound as caused his
death. He declared also that all the con-
6itionS opposed to the suicide
theory.
A man contemplating such an act usu-
ally is morose, while Young that morning
had every reason for an exactly opposite
feeling. He had just shaken from his
shoulders the burden which he had car
ried for year or more.
sIstony- Avenger."
In referring to the appearance of Miss
Patterson on the witness stand and the
story told by her in her own defense, Mr..
Rand made a bitter attack on the oppos-
ing counsel charging that her testimony
had been prepared in typewriter form
and fully rehearsed before she was called.
Miss Patterson's story, he declared, was
complete failure from the point of view
of the defense. Even she, clever actress
as she is, stony-hearted, cool, masked
avenger." said he, could not convince a
child of the truth of her narrative.
He pointed out in her story what he
claimed to be numerous Inconsistencies
and charged that the whole thing was
built up forsher in a clever manner from
the peoples case.
This story, however, entirely lacked
confederation. Many of the important
points could have been proved by ]. Nor
gan Smith, the defendants brother-in-
law, yet he had not been produced.
Did Not Dare Produce Smith.
This was due, he declared, to the fact
that the defense did not dare bring him
forward for then the prosecution would
prove the claim it has made all along and
still insists is true, that Smith purchased
the revolver with which Young was
killed.
Mr.. Rand concluded his argument at
$50 m, and Justice Davis, cautioning
the jurors, told them to keep their judg-
ment suspended on the issues of the case.
Adjournment was then taken until today,
when Justice Davis will deliver his
ahn