The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1904-12-22

been driven by the insurmountable wall
of evidence which confronts him.
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 skeleton
which has figured in the case was again
brought before the jury Mr.. Rand in
sisted that nothing more than the testi-
mony of Pawnhroker Stern was needed
to prove that Young was the victim of a
premeditated murder The defendants
counsel greed he said that the gun was
purchased for the purpose of killing Gaze
sar Young, making it clear beyond a
doubt that the killing was deliberate and
premeditated
Young Never Carried Revolver.
He maintained that the defense had
proved by competent witnesses that
| he had no revolver the day he was killed.
That, he said. would destroy the suicide
| theory. The testimony of experts which
was made light of by Mr. Levy was
warmly defended by him. lie insisted that
men who had been trained in certain lines
| were competent to testify regarding GER
| tain things, than one who had no special
| knowledge of tile subjects. Therefore, the
testimony of DIR. Phelps the expert on
gunshot wounds, should be accepted at
! its full value. That testimony, said he
proved that Young could not have held
the revolver In a position to make such
| a wound as caused his death.
| 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
! opposing counsel charging that her tes-
timony had been prepared in typewrit-
| ten FORM and fully rehearsed before she
! was called.
/ 81 don't want to say anything about
my brothers in the profession" he said,
''but I will say there are those among
her defenders who are capable of pre-
pairing testimony which they know to be
| false. | name no names, and I stand
ready to prove what I say II there Is
any question raised on that statement"
Did Not Sound Truthful.
| Miss Pattersons story he declared was
| a 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 mar
rative. He pointed out in her history
what he claimed to be numerous incon-
sstence, and charged that the whole
thing was built up for her in a clever
manner from the peoples case. This
story, however, entirely lacked corrob-
| Grafton. Many of the important points
could have been proved by ]. Morgan
Smith, the defendants brother-in-law
yet he had not been produced. This
was due, he declared. to the fact that
the defense did not dare bring him for
ward, for then the prosecution would
prove the claim it has made all along
| that Smith urchased the revolver with
which Young was killed.
| Mr. Rand concluded his argument at
/ 5;3O p. 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 to-
morrow when Justice Davis will deliver
his charge.