The Montgomery advertiser., 1905-05-13
NAN IS GIVEN
 HER FREEDOM FlOrOdOra Girl Released
 Without Bail. RECORDER GOFF'S ACTION People Cheer Now Famous
 Actress. District Attorney Jerome Doesn't Think Justice Has Been Dsne, but Re lieves Another Trial Would Have same Result.
RECORDER G0FF'S ACTION

the one-time Florodora show girl. was released from the Tombs prison today after almost a year within its walls awaiting determination of the charge that she had murdered her protector. Caesar Young, a racetrack bookmaker. She will leave for Washington at 3:25 o'clock this afternoon. She was loudly cheered by crowd of 1000 persons as she left the prison.
 Her release was made at the instance. of District Attorney Jerome, who said he did not believe another trial would result in other than disagreement At the same time he declared that there had been a serious miscarriage of jus tice. He said many of the newspapers had labored to create sympathy for the girl and that this case had caused one more step in this country towards trial by newspapers rather than trial by jury" He approved of all his as- sistant, Mir. Rand. had done or said in conducting the case and added;
 The people for whom care approve our action. From the sane part of the community we have received noth- ing but fairness. I have information that admits of no doubt that there was unanimity in the jury room on three points-frst, Morgan Smith bought the pistol; second, Nan Patterson took the pistol in the cab with her; third, Caesar Young did not commit suicide l ask that the prisoner be discharged on ner own recognizance."
 ]. Morgan Smith and his wife, Mrs. Julia Smith, Nan Patterson's sister, were discharged from custody by Judge Foster in the court of general sessions today. Both had been held on charge of conspiracy in connection of the Pat terson case.
 As soon as he was discharged, Smith was re-arrested on an attachment for failing to obey subpoena issued to the grand jury and was committed to the Tombs prison for examination on Tuesday next
 Counsel for Smith said he would make application before the Supreme Court for a writ of habeas corpus to free him.
 District Attorney Jerome replied that he would do what he could in aid of Smiths release and Judge Cowing upon signing the order for commitment of Smith said he was also agreeable and if he had erred in any way the Supreme Court would adjust the matter Judge Cowing then fined Smith $250 for con tempt of court in failing to obey the subpoena served upon him. Nan Wept.
 Miss Patterson when she came into court was smiling gaily, but as Re- corder Golf began to address her the tears came into her eyes and before he concluded she was weeping. The re- corder spoke with a kindly note in his voice that seemed to affect her very much. He said:
 'aThe district attorney has seen fit to recommend your discharge. l fully coincide with him, and believe the in- terests of justice will be fully sub served by granting this motion.
 There have been two trials, and in each of them the jury failed to agree. These two trials must have been ter- rible ordeals to you.
 There is nothing I can add in this case that has not already been said, but let me entreat you in all your fu- ture life to remember the terrible ex- perience through which you have just passed and to permit every action of your life hereafter to be guided by will do so: that you will remember your ordeal"
 In course of his address to the re- corder. District Attorney Jerome criti- cised the newspapers for their state- ments about the expense of the State in the Patterson case. declaring they had made gross misrepresentations of the costs of the trial" and that &C., counts of "enormous expenditures Haunted before the public" were err roneous. He said that his own audi tors had made an estimate of the cost of the case which did not exceed $3,OOO. In his defense of MT. Rand, the dis trict attorney declared that the attacks upon the chief of stan, as he termed him, were "willful and mendacious," and that though made by his 'profes- sional brethren" he considered them unjust in the extreme. He said he up- held MT. Rand in everything that he did during the trials. and considered his conduct of the case an exhibition of bravery on his part.
 At the St. Paul, Nan Patterson re- ceived a number of newspaper photog- raphers and sketch artists who wished to have a good portrait of her. She said the newspapers had treated her so well that she could not refuse when they asked the privilege to photograph her. It was her desire to go to Wash ington at once, but she feared she could not get ready in time to go this afternoon, as 1t was necessary she have a conference with MT. Levy, he: senior counsel. before going away. At any rate, she hoped to go tomorrow. She could not believe she was free, she said. The ride up Broadway bewil- dered her for a time. but she declared she was very happy and very grateful to the many who had been kind to her.
 Paid Smiths Fine. Miss Patterson received a cneck TOT several hundred dollars this afternoon and at once sent S250 down town to pay J. Morgan Smiths fine. The re- mainder of the amount called for by the check was turned over to Lawyer Limburger Smiths counsel, in part payment of his fee. Miss Patterson ex- pected that Smith Nwould be released immediately upon payment of the fine. The name of the sender of the cneck was not revealed.
 Miss Patterson declared she would not return to the stage. Her one idea, she said, was to get home as quickly as possible and take a long rest. During the court proceedings in the Smith case today, counsel for Smith said fin answer a direct question by District Attorney Jerome that his client would admit that he fled from inc state in wilful defiance of the court ana that this action was taken on advice or counsel for Miss Patter- | son.
 IF was announced late today that ~, r,...arsov vrorild laava ,NsW York