Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-06-08
RESTS WITH THE JUDGE
MRS. MAN PATTERsON's CASE IN
HANDS OF JUSTICE CLARKE.
Hearing Of Habeas Corpus Proceedings
If Not Charged With Murder
She Cannot Be Held.

says: Justice Clarke of the supreme court
this afternoon listened to argument in tho
habeas corpus proceedings In the case of
Mrs Nan Patterson. held in connection
with the mysterious death of Caesar Young,
tho wealthy bookmaker, and at their con-
clusion said he would give his decision
at the earliest possible hour. Mrs. Pat
terson was returned to the Tombs prison.
]. Morgan Smith, brother-in-law to Mrs.
Patterson, appeared at the district attor-
ney's Office late this afternoon. accom-
panied by two detectives. and was closeted
with Assistant District Attorney Caravan
for half hour. He was questioned re-
garding the revolver with which Young
was shot, but refused to answer, saying
that for him to answer might tend to In
crimnate degrade him or to connect
him with the case.
Attorney Unger, for Mrs. Patterson. re-
ferring to the affidavit. said that they were
confronted by a paper which purported to
be a return. but was In such shape that
he doubted that the district attorneys Of
flee was responsible for it. He then de-
INJURED formally to the return
Papers for Dilatory Purposes.
This loose paper is for a dilatory pur-
pose declared Mr.. Unger. He then went
into the law as to coroner's inauests, and
said that coroner had no power to I'M
prison a person accused of crime before
the inquest, unless the person was not In
custody. 'In order to enable the coroner
to act there must be information laid be-
fore him that a murder has been COM
mitted," said Mr.. Unger.
"Or suicide" interpOSed Justice Clarke.
Mrs. Patterson never took her eyes from
her counseTs face as he was making tpe
argument but she gave not the slightest
indication Of nervousness or anxiety over
the outcome.
Argument Against Release.
Assistant District Attorney Sanford said
1t would be a great pleasure to the coro-
ner IL he could discharge the woman, but
he could not under the pure question OF
law The information had been laid be-
fore him that a crime had been committed.
The assistant district attorney went on 10
describe the wound and said that the Wo-
man was the only one VINO was near INC
dead man.
1.-The pistol was held so close to the coat
that it could not have been held by any
body but the defendant or the dead man
and from the nature of the wound tne
dead man could not have returned the
pistol to his coat pocket" said Mr. Sand
ford. as he asked the court 10 DISMISS 'he
writ.
Coroner's Jurisdiction.
Prom what 1 can read in the CODE. said
y
diction after the jury has been empaneled
There has been no inquistion."
No" replied Mr.. Sanford, "but jury
has been summoned. The coroner Is acting
as a magistrate
81 shall have to examine these papers"
said Justice Clarke Il do not know Just
how she Is held"
Nor anybody else" said Lawyer Unger.
The question Of bail was then raised.
Counsel said: She is held in 5000
Five thousand dollars?' asked the court
in surprise. why, what Is she charged
with? If she is charged with murder In the
first degree that is not bailable. Is she held
as witneSS?
Il don't know" replied Mr.. Unger: that
is just what we are trying to find out"
Prisoner Remanded to Prison.
IF she is not charged with anything how
can she be held?" asked Justice Clarke, and
he added: II think she had better be re-
handed and I will give my decision at the
earliest possible hour.
After Justice Clarke had announced that
he would take the papers and announce his
decision later the crowd was hustled out of
the court room, and Mrs. Patterson taken
through the Justices chambers to the street.
The crowd, which rushed from the building,
reached the street just in time TO see the
carriage with the prisoner and her guard
Tombs
John B. Patterson of Washington. father
of the prisoner visited her soon after she
was taken back to the Tombs prison. They
sat together in the reception room and con-
versed in low tones for ten minutes. Their
conversation was earnest, and several times
the young woman wept convulsively. Her
father was plainly affected by her plight
and as he rose to go he was heard to say:
Well, in that case l shall stand by you"
Father Declines to Talk.
Mr.. Patterson left the prison as his
daughter was led back to her cell. and as
he emerged the street he appeared
greatly depressed When asked II he had
anything to say, Nj. Patterson replied ::
The less said the better"
He was Joined outside the prison by two
young men, and they departed together.
1t is understood that the grand fury will
be asked to take up the case tomorrow, in
view of the possibility that Justice Clarke
may decide that Mrs. Patterson is not le-
gally held under her commitment by the
coroner. This commitment. it is said, does
not name the charge on which she is held.