The Birmingham age-herald., 1904-11-23
SKELETON COMES INTO COURT ROOM Nan Patterson Almost Painted
 At iht Sight EYE WITNESS TES1IFIES First Saw the Defendant Holding Youne's Head In Her Lap-cab
 Driver Goes on the
 Stand.
EYE WITNESS TtSTIFIES

Stand.
 New York, November 22-search for missing witness who formerly has eluded the detectives of the district, attorneys, officers, and the possibility that one of the central figures in the ease-the dead mans widow-would appear before the jury and tell her story were the points of special interest today when the trial of Nan Patterson for the alleged mur- Ger of Caesar Young was resumed. In outlining his case yesterday, Assistant District Attorney Rand informed the jury that the prosecution after months of en- deavor had been unsuccessful In locat- ing J. Morgan Smith, who, he claimed purchased the revolver with which Young was killed. He hopes, however, that Smith would be brought forward by the defense at the proper time.
 Will Not Produce Smith.
 Later In the day Miss Patterson's coun- sel, MT. Levy, said the defense had no intention of producing Smith.
 If the prosecution want Smith as witness, they have got to find him. We're having our own trouble with the defense and are not going out of our way to help the people to supply the rents in their fabric of evidence"
 MT. Levy said he did not know where Smith and his wife were nor would he take the trouble to discover their where- abouts
 Following the announcement, it was said the district attorneys office renewed its search for the missing witness with the hope of locating and compelling him to appear in court before it Is too late.
 Creates Intense Interest.
 Only the announcement that the de- fendant herself would go on the stand and tell of her acquaintance with Young could have created more public interest than the report that the dead book makers widow might appear in the case. Since the day her husband died, Mrs. Young has remaihed in seclusion, except when she called at the district attorneys office and testified before the grand jury. During the trial she has not appeared in the court room, but it is said she has followed all the proceedings from an ad- joining room.
 A big crowd was present in the court room when the trial was resumed. Among the spectators sat Milton W. Hazelton of Dneonta, one of the men who claims to have seen Young fire the shot which caused his death.
 Several police officers were called to the stand in rapid succession ana examined briefly regarding happenings in the police station when Miss Patterson was brought there under arrest.
 Captain Sweeny. who was in charge of the station house at the time, identifie d the revolver. which he said was found in Youngs pocket, and which he subsequent- ly turned over to Assistant District Attor- ney Garvan with the three loaded cart ridges and the exploded shell. Mrs. Pat terson, he said, told him the story of the ride down town and declared that she had not seen the shooting She denied that she had any words with Young. and said she had picked up the revolver which fell from Young's hand when he fired the fatal shot and then placed 1t in his pocket.
 Cab Driver Testifies.
 Frederick D. Michael. who was driving the hanson cab in which Young was shot, said the first he knew of any trouble was when he heard the sound of pistol and his horse sprang forward. A mo- ment later Miss Patterson opened the trap and told him to drive to a drug store. He followed her instructions with out making any investigation, and did not look inside the cab when the drug clerk refused to treat the injured man and ordered him taken to hospital with all speed.
 Michael said he picked up Young and Miss Patterson at the Circle at Fifty ninth and Broadway on the morning of 4 opd him n drfVa to a hat store. Young came out of the store wearing a new hat and they con tinued on down town and stopped at a saloon at Blocker street and West Broad way. The man and woman went into the place and remained there for several minutes, when they came out, got into the cab and I drove down town along West Broadway. Neither of them showed any sign of liquor. The man told him to drive rapidly, as he had to be at the pier at the foot of Fulton street by g o'clock. It was then between S:30 and $40 o'clock.
 They had just passed Canal street when he heard the pistol shot and his horses sprang forward suddenly. moment later Miss Patterson raised the lid door of the cab and told me to drive to a drug store. On cross-examination Mi chael said that when Miss Patterson raised the trap and told me to drive to the drug store she spoke "scared-like.'
 Proved to Be Star Witness.
 William Stem, Jr., the young man who directed Michael the cab driver to the hospital proved to be the star witness of the day. 1e was standing on the cor ner of West Broadway and York street and heard the revolver shot Just after the cab had passed him. He was startled and looked up the street quickly, trying tc locate the shot, and from whom the shot was fired There was no one on the op- posite side of the street, and he con- cluded that the shot must have beer fired in the cab about twelve feet away and moving rather slowly. As the cal swung around to the drug store he fol. lowed and saw the driver talking witt the druggist In the cab he saw a mar and woman, the man lying with his heac in the womans lap. "The driver seemed to be all tangled up.' said Stem, 'anc rode on the step of the cab to the hospital When we reached the hospita I helped a policeman to carry the mar in and then helped the woman to alight She was frightened and pale, but looked as if she wanted to cry but could not
 Tn reply to questions by Mir Levy, ths witness said that about eight or nine min utes elapsed from the time he heard tho shot until the cab reached the drug store Traffic both ways prevented the cal getting there sooner. MT. Levy had ont