The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-05-13

o,asi.Jgssiieial ohlcer; and In looking BACK
over the conduct Of tits trial In ell lie a.
rects 1 feel that my once, through my
learned assistant and chief OF stan, Mr.
Rand. has discharged its full duty. honor
ably and fairly-fairly to the interests Una.
Il had In charge, both Of the defendant ana OF
me people. And feel sure that serlous
Yesult has come from this trial In this that
,,ns, more step has been made In this ooin-
munity In the substitution OF trial OF ue-
fendants charged with crime by newspapers
instead Of by juries.
TRIAL BY NBwsPAPERs.
sThere has been a continual misrepresen-
tati0, IN the press Of this city OF the cir
,u,p,stanCss connected with this case. l
do not think on the .,art Of those who had
occasion to report 0 - OF 'he ca7o
there have been those misrepresentation
hut those sapient wiseaores Who IN the SOL
itude of the editorial sanotum. assume Tor
the beneft Of the counting room end OF the
e.tsblishment TO conduct public affairs
have dealt with thh case IN a way that mas
aroused a feeling in thh community that has
resulted. in my opinion, strand say
60 c.rsf,I reflection in a miscarriage
Of justice.
An UIl1HtTatIOn OF wv u w 49, NN-NN
r,isstatements Of this case h remark
incident 70 IL As to the matter Of expense.
The case. involving much time and practl-
Iii, three trials has cost this county
not 10 exceed the sum Of $500. whereas the
press has, from time to time played u up
ss an enormously expensive case, and Inn
plied that the factor Of expense was one
that should influence the prosecuting orncef
mai ami
Of murder or not.
Gross and brutal attacks made upon
my chief of staff would have been passed
over in silence had they affected me, l
have watched what has been done III TINS
case from its start, and everything ne mas
done and everything that he has said mas
my entire. cordial and hearty approhatlon
and would have been done by me myself
had / been in personal conduct OF the case
JuRY's VIEWS ABOUT THE PISTOL
q have information that admits Of no
doubt that there was unanimity-w whatever
NAV be said hereafter, there was unanimity
IN that Jury room on three points, that D.
Morgan Smith bought the pistol from the
nsvnbroker Stern; that Nan Patterson
took the pistol into the uab with her and
that Cesar Young did not commit suicide
And yet. in the face Of that, sir, in the face
of the caution Of the Court on the subject,
a Newspaper reading jury reached the con-
cltision that Il did and an honora bic gen
tleypan Is assailed because be did his duty,
and the very facts upon which they reached
unRnimity shows IL was ms DUTY.
Speaking Of Mr.. Rand's conduct OF the
case. Mr. Jerome showed considerable
feeling When he got through there was
wait OF twenty minutes bile recorder
Goff sentenced three youthful crooks to the
Elmira Reformatory.
Brophy. The prison pen door opened
and Nan Patterson, the full swing Of the
kangaroo walk accentuated, was led 20 the
bar. Abe Levy stood beside her The
Recorder, spea king low and firm, said:
Defendant. the District Attorney has
moved that you be discharged upon your
own recognizance, and for the reasons
that he has adduced for that motion and
on which he bases his action / think that
the interests Of justice will be subseTved
by granting the motion.
THE REcoRDERs CAUTION.
And in granting the motion. therefore,
10 discharge you upon your own recog-
nizance, do not accept It as discharge
from the indictment. The indictment
charging you with murder In the first de-
gree vet stands against you. There have
been two trials upon that indictment, and
on each Of those two trials the juries have
failed to agree. either upon your guilt or
upon your innocence.
Il have no expressions whatever TO make
upon the question OF your guilt OF innocence.
/ do say that these two trials must have
been terrible ordeals for you 10 pass through
and ] may express the hope that in your
future life the memory Of those trying
ordeals will tend TO ohasten you and TO al
ways remind you what terrible experience
you have undergone. You are discharged.
Nan Patterson nodded her head. turned
and muttered sThank Godl' She was
hustled out of the court room and met by
a swirling, fighting crowd that wanted to
ret a glimpse Of her. A squad Of COPS
rushed her down the stairs and across the
corridor leading 10 the Centre street police
court prison. As she was almost at the
door she passed a negress screeching curses
because she had been sentenced 20 six
months on the Island. Drawn up in the
street were three carriages surrounded
by mob that blocked the street Escorted
by her father she poked her head through
the door.
CROWD HELLs AS SHE LRAvEs, FRKE.
sHurrahl' shouted the mob. Twenty
cops had made lane to one Of the carriages
and the chorus girl jumped into IL. Good
luck, Man, sGood-by, little grill whooped
the crowd after the carriage with the girl
and her father as II dashed to the Offices
~ Levy d Unger In Park row.
It seemed that every one had heard that
nan EbNltIhpI Wuh lIbts luGEC was a crowd
awaiting the carriage and soon the building
was hlled. Photographers were ranged
around the wall as the girl entered her
lawyers ofice. Pictures were taken Of
her sitting on her fathers lap, surrounded
by her counsel, alone. and In different at
titudes that each individual photographer
wanted. Finally Mr.. Levy protested.
"Oh, / want my picture taken, she said
petulantly. In response TO many questions
ehe added:
Il am happy; l am glad to be out; am
going home TO Washington. / want to
zee my mother. No; / have made no definite
arrangements as TO what / am going to do.
] have not made any theatrical engage
ments. ! hope 10 be home tonight
Then she was taken out Of the building
and driven to the hotel.
- THE SMITHS IN COURT.
Meanwhile the Smiths were upsettinR
the routine Of General Sessions. First,
j. Morgan and his wife were arraigned be-
fore Judge Foster and the order dismiss
ing the .oonspiracy indictment against
them was entered. That freed Mrs. Smith.
But there was stiI the attachment again
Smith for disobeying tie Grand Jury sub
puena- That attachment had been issued
by Judge Newburger, but he decided IL
came under the jurisdiction Of Judge Cow
ing, who was sitting in Part /. Of General
Sessions Finally, after q circuit OF the
- a.