The sun., 1904-11-24
DAY BEFORE YOUNG WAS SHOT.
NAN PATTERSON BEATEN BY
BOTH MEN, YOUNG AND SMITH.

It"-A Little Earlier the Pistol That
Killed Young Was BouEht-Death Of
Foreman's Mother-in.Law Puts the
Trial Over Until Saturday Morning.
That the prosecution has been unable
to produce j. Morgan Smith. Nan Patter-
sons brother in law, as a witness against
her in her trial for the murder OF Book
maker Cesar Young was got before the
jury yesterday after a struggle on the part
OF Abe Levy, Mans chief counsel, to keep
the testimony out. 1t was also shown that
Smith had been with Miss Patterson the
night before the shooting and had quar-
relied with her in front Of Pabst's Hotel at
the Columbus Circle and struck her. The
prosecution also succeeded in showing that
on the same night about five hours before
the shooting Young had parted with Nan,
sending her home in cab after he had
damned her and slapped her face. That
tall man. accompanied by a woman, bad
bought in Hyman Stern's pawnshop about
O'Clock on the night before the shooting
the revolver found in the cab next day
also got before the jury
| An adjournment was taken at the end OF
yeste rdays session until Saturday morn
| ''e' "heh thc 'lidi VIII Dt ItSulutb' LUG
mother-in-law of Ellwood Hendrick, the
foreman Of the jury, died on Tuesday night
and she will be buried on Friday. She was
Fannie Belden Pomroy, mother OF the
! president of the New York Stock EI change,
and she died at Brentwood, n. j.
SO many women got into court Yesterday
that court officers called it a matinee.
Very few med to consider the trial q
4 1xl
gufia wed, until Justice Davis had one
| !augher, man, put out. He slso had q
man with camera put out
Assistant District Attorney Rands first
real attempt to connect j. Morgan Smith
with the case was made when he put on
the stand Manuel Stern, the son of Hyman
Stern, the pawnbroker who sold the pistol
! with which Young was killed. Hyman
Stern himself was too ill to come
Young Stern brought to court the stock
book and sales book, and Mr.. Rand got
before the jury the fact that a revolver
numbered the same as the one found in
Young's pocket had been sold on June 8
last, the day before Young was shot.
Edward F. Frelich, a clerk in Stern's,
testified that he had seen Stern negotiating
with tall man and woman for the sale
Of a revolver He identified the revolver
with which Young was killed as having
been in the store, and told Mr.. Rand that
it was sold on June 3, but on cross examina-
tion was so doubtful about the date that
his testimony on that point was stricken
| out.
Joseph Hewitt, a newsboy, on crutches.
was the next witness. Hewitt has a news
paper stand at Fifty-ninth street and Eighth
avenue. He identified Miss Patterson,
saying that he had often seen her and that
she had once bought a newspaper from him.
Between s and $50 O'Clock on the night Of
June 3 he was standing in front Of the Ma
jestic Theatre, little above Pabsts Hotel.
He was waiting for. a boy who owed him
some money, and while waiting he was
watching game of craps. He saw Nan
Patterson and a man come out Of Pabet's.
Mr.. Rand showed him three pictures and
asked If they were pictures OF the man.
The boy said they were. Mr., Rand had the
pictures marked for Identification. This
is what the boy said he saw and heard:
The man said You'll have TO do IT,
she said. 1 won't, and the man pulled
out and hit her and showed her into Il cab.
Hewitt said he couldn't remember whether
the man hit her with his fist or open hand.
Did the woman talk back to the man2"
Mr.. Levy asked
-She did," Hewitt said but ddn't
hear her.
Hewitt described the man who was with
Nan as tall, well built and clean shaven.
He said that he noticed what happened be-
cause he often saw people quarrelling
around there, and kept his eyes open.
Police Captain Sweeney was called and
identified the pictures just shown to Hewitt,
as pictures of j. Morgan Smith.
., Did you see j. Morgan Smith on June ~
Q, Where? 4, In the District Attorneys
o. Did YOU see him on June s. 4. did.
He was in Assistant District Attorney dar-
O. In whose company was he' A. He
was with MIR, o'Reilly mir. O'Reilly is one Of
Mans COUNSEL
Mr.. Rand asked Capt. Sweeney if he was
in the anteroom Of the Grand Jury on
the following day. June o. Capt. Sweeney
said he was, that Smith wasn't there, and
that he tried to find him but couldn't 1t
was brought out that Smith had been sub
pnnaed for that day. The captain said
that since then he and his detectives had
searched for Smith, but had been unable
to find him Sweeney took from his pocket
warrant issued by Judge Newburger
in General Sessions charging Smith with
contempt of court in failing to answer a.
Grand Jury subpoena. This warrant, the
captain said. he had been unable to serve
Some of the wanderings OF Young In
the early morning before his death were
described by two cabmen. John Crowley
and Albert Schneider. They both Rad their
cabs at the corner Of I?5th street and Eight
avenue, when Schneider was called by
Mr.. Luce, Youngs brother.in-law. Luce
was with man and woman. 1t was
conceded by Mr.. Levy that Luce's com-
panion was Young. Schneider said that
Luce called him over to the northwest
corner in front Of Flannery's saloon
Schneider couldn't identify Nan Is the
woman. The woman had a handkerchief
to her eyes. Schneider couldn't hear any
thing that was said, because Young and the
woman stood behind the cab. Luce whistled
for Crowley, who drove over.
Crowley testified that it was then almost
o'clock. when drove over said he,
1 was right behind Schneider's cab. Young
brought the woman up to my cab and said:
Get In there She refused, and he tried
to put her in; then lie slapped her in the
mouth and said: If you don't get in, Iu
knock your damned head on Tie woman
got in the cab and Young told Crowley to
drive TO the St Paul Hotel at Sixty-frst
street and Columbus avenue, where Nanwas
then living with j. Morgan Smith.
BY Mr. Rand: