The Washington times., 1905-05-05
BELIEVES JEROME
WILL ASSENT To
ACTRESS RELEASE
Nan Patterson S Counsel
Expect Quashing of
Indictment.
SMITH CASE COLLAPSES
Judge Foster Scores District
Attorney for Way He
Got Witnesses.
SMITH CASE C0LLAPSES

NEW YORK, May 5.-Nan Paterson
must remain in prison for come days at
least, although 1t is the general opinion
that the district attorney will decide 10
release her on b1iI. Mr. Jerome, it was
learned this morning, viii not return to
New York until Monday, while Mr..
Rand, who worked very hard on the
case. is aIso out OF town for q few days
rest. It looks now as If a consultation
| of the district attorney and his subor-
dinates will be held on Monday and that
| the future of the girl will then be de-
eided.
! Lawyer Abe Levy, leading counsel for
Miss Patterson. appeared at the dis
trict attorneys office to-day, but found
no one there with authority to act in
the girls case.
Mr.. Levy thinks that orly nominal
bail will be required for Miss Patterson
and that her release is only question
the district attorney VIII fuflher block
MISS Patterson from freedom by re-
curing heavy bail. If he does, Mr.. Levy
will appeal to the courts
Miss Patterson's s lawyers believe that
the indictment against the girl will be
quashed very soon after her release.
Still III and Suffering.
Miss Patterson arose from her bed at
8 o'clock this morning and dressed.
Breakfast was served to her and her.
sister, Mrs. Julia Smith, in their cell
Miss Patterson ate sparingIy While
her condition is improved today, she is
still i'll and suffering. DR.. Mcclure, the
prison physician, says It will take sew
era1 days before she fully RECEIVERS from
the strain of the trial.
Miss Patterson's father and two or
her lawyers visited her today. They
brought her the newspapers and chat
ted with her for some time using words
or consolation and imDuing her with re-
newed hope for her speedy release.
A juryman, whose name. OF course,
cannot be given, said:
mo member OF the jury believed
Young shot himself. Every mem. ei' OF
the jury did believe that Miss Patter-
son shot him through an accidental
DUN. Those fayoTing an adverse YER
dict were moved to some ex tent by the
manner of living of the defendant MUIR
der in the first degree was never con-
sidered for an instant. Those who re-
mained firm in their belief of the girls
guilt desired no seVerer punishment
than manslaughter in the second de-
gree"
Conspiracy Indictment Quashed.
Judge Foster, in general sessions this
morning, quashed the indictment for
conspiracy against ]. Morgan Smith and
his wife. The judge, in making his de-
cision known, took occasion TO score
the grand jury that found the fndict-
ment, and indirectly he hit at District
Attorney Jerome for methods used in
handling this end of the case.
Judge Foster said that there was no
evidence in the minutes before the grand
jury showing conspiracy on the part of
' bes z.N@N
clared, that they were brought back as
witnesses in an important case and eaat
the grand jury had not considered its
duties or judicial position.
They probably thought" said tns
and SO acted
The judge said that the district attor-
ney claimed they had evidence OF con-
spiracy and that in view OF this he
would allow them to bring the matter
before a new. grand jury before he re-
None of the lawyers or officials Of the
district attorneys office were in court
when this decision was rendered.
LAWYER Lin. burger, counsel for the
Smiths. was hurriedly sent for it's
believed that he VIII move that the dis
tIict attorney present the evidence he
claims he has 10 the grand jury within
twenty-four hours. ana. failing in this.
tee Smiths must be discharged.
May Return to Stage.
NothlnS mas been definitely decided re-
garding Miss Patterson's future. Daniel
O'Reilly. one or her counsel. said she
would probably go back 10 the stage.
He says the actress has received scores
OF offers, but so far she has considered
none of them.
She has no money Mr. o'Reilly de-
clared. 'and must earn her living The
only thing she is fitted for is the stage"
What Happened in Jury Room.
Although the jurors had taken oath
in the jury room not to divulge what
took place after they retired, several of
he members said that as the impression
had gone out that eleven had voted for
conviction they deemed it their duty TO
correct that report.
AT the end OF the fourteen hours in
which the girls fate hung in the balance.
eight men favored her absolute acquit-
tai. Even the four who voted for con-