The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-04-29
No witnesses TO Be Called In
Nan PattHrSOn'S Defense.
SISTER STANDS BY HER.
Mrs. Smith Rejects Rand's Offer
to Dismiss indictment.

That the smiths PaWned Bracelets
and Ring az HSman Stern's. where
the Revolver was Bought Sister Of
the Accused on the stand Most OF Day
Mrs. Young Only other witness.
Nan Patterson, through her counsel,
has decided 60 leave her fate with the jury
without making any defense to the charge
that on the morning Of June last she muir
dered Bookmaker Cas- Young in cab
This decision was arrived a yesterday
afternoon after the prosecution had put
in its case aud after lot Of new evidence,
considered TO he very damaging to the
chorus girl, had been introduced.
From the prosecution 5 standpoint the
principal witness against the prisoner was 4.
her sister. Mrs. Julia Smith, the wife Of j.
Morgan Smith. Three pieces Of jewelry,
two Of which had been given to her by
her mother Mrs, Smith identified as be-
longing 20 her. Pawntckets were adj
mitted in evidence showing that the jewelry
had been pawned in Hymau Stems pawn
shop. where the revolver was bought on
June 3. the day before Young was killed.
Mrs Smith swore that she had given the
iewelrv to her husband TO pawn, but that
she didn't know where he had pledged II.
The pawntickets were dated Oct 5, 1904,
and by a number Of questions Assistant
District Attorney Rand tried 20 show that
they we're renewal tickets. II was not
! commended nv Mr.. Rand that the jewelry
had been pawned the day before the shoot
ing. although in a series OF questions in an
attempt TO confuse Mrs. Smith he asked
her If she didn't know that the iewelry had
been pawned on that day When Mr.. Levy
demanded OF Mr. Rand to produce any
pawntickets dated June Mr.. Rand adj
mitted that he had none
RANp's PROMISE TO PRE- Mrs. SHIFTS.
An this testimony was brought out after
! Mr. Rand had promised Mrs. Smith TO free
her from the indictment for conspiracy
| II she would answer his questions about
| what happened after she and her husband
left this CITY soon after Young was killed
and day or two before Nan Patterson vas
! indicted.
Mr.. Rand had asked Mrs. Smith II she
left this city on June s, four days after
/ Young was killed. She answered that she
would be pleased to tell if it were not that
she was under indictment for conspiracy
and that any answer she made might tend
TO degrade or convict her of crime. WIN
his arms outstretched and in pleading
| tone Mr.. Rand walked until he was directly
/ in front Of the witness.
And j. that your only reason he asked
She paused shifting her eyes from her
sister to Mr.. Levy
-Yes. sir. il is, she answered hesitatingly.
Mr.. Rand stepped back and in solemn
tone told her that he was the Acting District
Attorney and that he would guarantee that
II she answered his quest ions he would
| Immediately have the indictment dismissed
She smiled az him approvingly il seemed.
Then she asked if she might consult with
her counsel, Herbert b, Limburgcr, and Re
corder GofT granted the request.
MIR. Limburger at that moment was in
another part Of General Sessions arguing
before Judge Foster for the dismissal Of the
indictment. He was sent for and at the same
time the indictment WIS s,nt for. Mrs Smith
left the stand and for some five minutes
had a consultation with her lawyer in the
Judges private room. with set face she
returned TO the stand. The que stion was
repeeted, and she started 10 explain what
her counsels advice had been, but the
Recorder stopped her
STICKS BY HER CHORUS GIRL SISTER.
Then came the struggle. Mr., Rand re-
heated the question several times, first
coaxing. then threatening Finally grab
hing the arms Of the chair and strengthening
herself until she became rigid, she answered
defiantly:
NO. sir; will not ] will stick by my
sister
AN right" shouted Mr.. Rand, his voice
sounding high above the buzz in the court
room.
After that Mrs. Smith declined to answer
some twoscore questions, taking refuge
in her privilege. Mr.. Rand made his oher
again later in the day, but she threw II
aside. After being on the stand all morp-
ing. she left it weak but still defiant.
Il feel good she said but at the finish
/ think they had me little bit ratified
With the exception Of Mrs Margaret
Young, who was a witness for only
few moments Mrs Smith was on the
stand all day. She said that she knew
that Hyman Stern was in Toronto In March
last but denied that she knew he was there
I'm an effort to identify either her or her
husband letter which was marked Tor
Identification, but not admitted in evidence
or read 10 the jury, she said was In her
handwriting That letter was supposed 70
have some reference 10 Stern.
Another letter which she said was In her
handwriting was also introduced by Mr..
Rand, but not admitted In evidence, nor
was il read 10 the jury This letter, or a
section Of Il, Is supposed 30 show that she
wrote 10 her husband telling him TO stay
away as i am not trusting 10 my own
judgment, but am simply acting under
l.. a US orders, as you are.
THE PROSECUTIONS CASE CLOSED
When Mr. Rand got through with Mrs.
Smith. he announced that the prosecutors
case was in. Il vas then a few minutes
after ( O'Clock.
Mr.. Unger made the usual motions for
the dismissal Of the indictment on the ground
that no crime had been shown 10 have beer
committed; that Mr. Rand had failed 70