The sun., 1904-12-10
&NAN PATTERSON WITNESS
DayOREILLY PUT on THE STAND
At SECOND TRIiES OPENING.
Made o Tell That He Knows Morgan Smith
Then the Prosecutor stops--PrOn.
I,e Of Proof OF How Smith Got Away
and who Sent Hinl-Nsn tincopcerned.

Then the Prosecutor htops-PrOm'
i,e OF Proof OF How Smith Got Away
and who Sent Hin-Nsn tncopcerned.
one new witness was produced by Assist
ant District Attorney Rand yesterday in
the trial Of Nan Patterson for the murder
NJ CRsar Young The witness was ex-
Assistant District Attorney Daniel o Reilly,
one Of the woman's counsel. Mr.. Rand
,ut Mfr. o. Reilly on the stand near the close
Il ,hs days session. He testified that he
to.- ]. Morgan Smith, Mans brother-in-
law. and Mrs. Smith, Mans sister, He
also said that he knew Mans father. Mr.,
O'Reilly admitted that he saw Smith and
his wife on the day Of the Coroner's inquest,
when Smith disappeared.
Now. Mr. O'Reilly-' began Mr.. Rand.
Then he paused and added: That's all
Mr.. OReilly seemed dazed. Mr.. Levy
said There is nothing for me to cross
examine you. on
In opening his address to the jury Mr..
Rand said that he would call every witness
he could to determine whether or not Nan
Patterson was guilty or innocent Of Young s
murder. but there were some witnesses
he couldn't call The most important, he
said, was j. Morgan Smith. Mr. Rand
declared that Smith had run away in con-
tempt OF court, that he would show where
he went and who helped him to get away.
The prosecution has pictures OF Mr.. Levy.
Mr.. OReilly and Smith, taken by news
rsper photographers on the day OF the
inquest.
When the taking OF testimony began at
noon Nan Patterson looked brighter and
more cheerful than at any time in the trial.
Her father sat beside her. Only once.
when one OF the jurors examined the cloth
ing worn by Young on the day that he was
shot. did she show any nervousness 1t
was noted during the day that the jurors,
or particularly one or two OF them, always
had some questions to ask each witness.
Mr. Ran told the jurors in his opening
address that they must not hesitate about
asking questions when they are in doubt.
Apparently they are taking his advice.
With the exception OF Mr.. O'Reilly, all
the witnesses examined yesterday were
questioned at the mistrial In some re-
spects their testimony differed slightly
Policeman Junior of the Leonard street
he Jumped on the cab when Young was
shot Nan Patterson told him that Young
was not her husband, but friend. Junior
hunted for the pistol. He found II in
Young's right hand coat pocket.
Junior said that the muZzle OF the pistol
was downward: Mr.; Levy made him
describe with Young's coat how the re-
vover fitted in the pocket. Young's hat,
Junior said, was on the cab seat. When
Nan showed some emotion az Junior identi-
fed the clothing Young wore. her father
soothed her by putting his arm around
her back.
Junior said that he saw no one standing
on the cab with Michels, the driver. Ao-
cording to william Stemm. who testified
ri the mistrial, he got on the step Of the
cab-the step used by the driver to get to
his seat-and directed Mchels how to drive
to the Hudson street hospital. Junior
said he didn't see Stemm.
Mic Is testified that Stemm got on the
cab with him and went to the hospital.
When Young was taken into the operating
room at the hospital. Junior said Nan Pat
terson fell on his body and wept.
Policeman Quinn of the Leonard street
station told over again Mans story Of the
ride downtown with Young and what she
said after the shooting. In the Coroner 8
Office. Quinn said, Nan asked him to hit
her over the head with his billy and kill
her. When she saw J. Morgan Smith,
oh, Morgan, Ceas is dead-
Quinn said that Nan was pale and looked
stunned, "as II she had been hit on the
head with something Nan also said:
is he dead? His eyes looked so horrid.
In walking to the Coroner's court from
the Leonard street station Nan said that
her feet felt like lead and she could hardly
walk Quinn described the satchel Nan
carried A juror asked WAS there enough
room in the bag for the pistol'' The wit
ness was, not allowed to answer. Quinn
did say however that the bag was longer
and deeper than the pistol.
Michels the cabman. again went over
the story OF the trip downtown from
Columbus Circle. where he picked up Nan
and Young on the morning Of the shoot
ing After the shooting, Michels said. Nan
wasn't frightened. Al the mistrial he said
very stupid or didn't want 10 tell all he
knew. Mr.. Rand asked:
Isn't it the correct thing for cabman
not to know what went on In his cab?"
That's right said Michels
Did you mean that?' asked Mr.. Levy,
repeating the question
We're not supposed to look in replied
Mchels.
Miches said that after the shot the trap
door at the top OF the cab was raised and
Nan told him to drive to the hospital. A
juror wanted to know il the woman opened
the trapdoor, and Michels said he couldn t
tell He said he didn't see any smoke
been told to go TO a drug store he would
have driven right on. One Juror wanted
TO know il he hadn't been drinking, and
Mchels admitted he had had drink or
two
Other witnesses yesterday were Capt.
Sweeney of the Leonard street station
and draughtsmen and photographers who
had made pictures Of the cab and diagrams
NJ the street where the shooting occurred.
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