The Montgomery advertiser., 1905-04-29

Mrs. Smith declined to an- swer the question. T must stick to my sister," she told the prosecuting attorney as she resumed the stand.
 And you refuse to answer not withstanding my promise in open court to have the indictment against you quashedY asked Mir. Rand.
 T do."
 Again I ask you. were you in New York on June S2''
 T decline to answer because my response might tend to degrade and incriminate mo"
 Recorder Golf directed the witness to answer the question, saying that it called for an answer. She still de- clined to do so, saying:
 T must stick to my sister"
 'Will YOU answer if the indictment for conspiracy on which you are held Is dismissed now?" broke in MT. Rand.
 "No," replied the witness.
 Nan Got Excited.
 The direct examination of Mrs. Smith which was not completed yesterday was resumed today. Mrs. Smith testl- fled yesterday that Miss Patterson had expected Caesar Young to get di- vorce from his wife and marry her. She herself believed that Young ln- tended eventually to marry her sister until last May when Leslie Coggins told her that Young did not Intend to carry out the agreement. Miss Pat terson became greatly excited when Coggins's statement was repeated to her. Mrs. Smith said.
 Taking up the examination where It was interrupted by adjournment last night Mfr. Rand asked:
 Did not Cosgins tell you that the best thing Young thought Nan could do was to accept Matt Trimble's ofrer of marriageY'
 "He did not say anything like that to me-" replied Mrs. Smith.
 Did Miss Patterson say that the cause of her emotion was that Cog gins had misrepresented Young's tn- tentions towards herr
 'She did not say so In those words, but I knew it."
 Mrs. Smith said Nan refused to be- lieve the story told by coggins. She was excited, the witness said, because she was disappointed at the postpone ment of her marriage to Young.
 She did not say anything about her future intentionsT
 No"
 She did not tell you what she was going to do?'
 Nc"
 And yet you described her as fran tic and desperate. ' Yes"
 when you wrote the letter to Young were you in stfse of feeling brought on b ywhat Nan told your
 "Yes. my sister is not responsible for that letter"
 Did that letter represent truthfuily the state of your mindr'
 Tt did"
 Did 1t represent Nan's state of mind?'
 This question was not answered. Mir. Rand here offered tho intercept ed letter which Mrs. Smith seat to Young, which was ruled out yesterday and again 1t was rejected by Recorder Con A story to the effect that Miss Pat terson and her sister quarreled in the Tombs last night over the testimony given by Mrs. Smith was denied by their father today. In doing so 9e said: T am thankful to say that Ny daughters are devoted sisters and even if they were not, there would be no oc- casIon for them to quarrel now when there Is so much reason for them to help each other. feel free to say that either would be glad to sacrifice any thing for the other"
 No Admission Secured.
 During the examination of Mrs. Smith this afternoon the witness tden- tified a ring and a bracelet which she said was her property and which was pawned some time ago by her hus- band. MT Rand attempted to draw from her an admission that they were pawned at Hyman Stern's shop on June 2 last. but in this he failed. Two re- newaI tickets which the prosecution nroduced. one for the ring pledged for s5 and the other for the bracelet pledged for $10, were dated October 4 1904, and October 20, 1904, respective ly. Just before the prosecution rested MT. Rand read extracts from the tes- ttmony given by Miss Patterson at the last trial and then recalled Mrs. Mar raret Young the dead bookmakers widow. She was asked if she and her husband ever had discussed legal | separation but was not permitted to answer the question. This closed the prosecution's case A motion by Miss Patterson's coun- sel that the case be taken from the | fury and the indictment against her | dismissed was denied by Recorder Golf after exhaustive arguments by the de- | fense and the prosecution. MT. Rand | then insisted upon knowing whether | counsel for the prisoner intended to nut in a defense. MT. Levy replied | that the defendant was not in a posi- | tion to make a positive statement of intentions at that time and the record l CT ordered a recess for an hour to give | counsel time to reach conclusion as l to how they Intend to proceed. No decision as to whether defense would be put had been reached when | the court adjourned until next Mon | day. MT. Levy promised to give ar answer to the prosecuting attorney af' ter he conferred with Miss Patterson her father, and some of the others di' rectly interested in the defendant.
 Lawyer Daniel J. OReilly, for Mar Patterson, later in the day announced to Assistant District Attorney Rand that he would put In no defense in tho trial. resting on the claim that tho state had failed to make out any cast | against the girl.
 This will result in the summing uI of the case by MT. Rand when cour' conyenes on Monday.
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