New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-04-27
SMITH NOT IDENTIFIED.
CLIMAX FIASCO.
Big Crush of Sightseers at Trial of
Miss Patterson.

Flat the climax of third-rate melodrama was
the elimination Of the prosecution yesterday IN
the trial Of Miss Nan Paterson for the murder
Of Frank L. (-CRsar') Young. when Hyman Stern.
the pawnbroker. failed identify Smith. Mr. Rand
had all through the morning and part of the after
noon session gradually worked his case I'D to its
climax. Stern brought to the stand toward the
close of the afternoon session ]. Morgan Smith
had been brought in and identified by Hewitt the
newsbOy. He smiled carelessly, but the continual
moistening Of his lips showed his excitement Miss
Patterson stold as usual. but she turned
partly around to give her father reassurtng
smile He leaning forward anXOusly, his
long. white hands neTvously gripping the sides Of
his chair With Mr.. Levy standing close behind
him. with his half raised for immediate
objection Mr.. Rand began his examination. He
handed the revolver 10 Stern
Odd you on the third day Of June. 1904. sell
ODD man or woman buy 1t? A man and
a woman The mar was taller than and thickset.
Odd he have beard? A-No. he was smooth
shaven.
Q-You know only that the woman was smaller
than the man? A.-That's all 1 remember about
Q-Can you say that it this defendant? A
No. cannot
]. Morgan Smith and Mrs. Smith were placed in
front of the Witness Mr.. Rand showed his hands
deeper In his pockets and thrust his jaw forward
and suddenly shouted:
Can you say that that is the woman. Mrs. Smith.
who accompanied the man who bought the re-
volver?''
II cannot"
The audience held its breath and leaned forward
nervously. All those directly concerned smiled I'M
easily. and did not otherwise show emotion. with
the exception of Smith who continued 70 repeated
ly lick his lips. Mr. Levy prolonged the suspense
by Objecting 10 Mt. Rands asking II the purchaser
OF the revolver resembled Mr.. Smith. Recorder
Gof sustained the objection. and Mr.. Rand swung
around angrily on his heel to ask:
"Can you say this man before you J. Morgan
Smith. is the who bought the revolver
Smith.
Answer" ,ordered Recorder Con-
Stern found his voice with suddennesS which
embarrassed him NO" he almost shouted. his
voice cracking. Il cannot say he is
The anti-climax caused subdued murmur-almost
chuekle-to sweep over the room as the audience
enpiove Of the Observation-Disclosures Concern ne one Tya@l
in iS9S and Dr. Charles Phelps. the police surgeon
had sworn the gun had been held from three TO five
hawk cabman. repeated his story of Young having
slapped Miss Patterson the night before the shoot
has stand at 5sth-st. and shave, identified Smith
the evening Of June 3. Gee. he has learned his
lesson We'll Smith commented audibly as the boy
you've got to do it,, and struck her straight
Frederick TrainOr. light clerk at the ST. Paul
followed stern. and told OF the telephone mes
night Scme OF Mrs. Julia Smiths writing was
then identified Mr. Levy conceded Yesterday that
at the previous trials really from YOung's
to state she Miss Patterson's sister and 10
admit she had written various letters to her VII
liam Luce repeated his story Of his visit to
Young's house the night OF June J.
The greatest crowd since the first trial tried
yesterday to gain access to the courtroom. Ser
geant Walsh and thirty patrOlmen could scarcely
control II. During the noon recess all the cor
ridOTs OF the bLildHg filled with the curious
and crowds had gathered In the street When
the doors were opened at o'clock two men who
tried to h1 'R %Gs May IN were placed under
nearly a dozen had their hats ard skirts torn of
by the mob
The Recorder expressed himself as thoroughIv
Disguised when he took his seat and ordered ire
police to exclude everybody not connected Win
the case Assistant District Attorney GRAY tried
to the moment later. =
cluded. When he started to make his identity
known the sergeant IN charge grabbed him nv tho
shoulder and told him he would be placed hinder
arrest n he insisted further. After some time
the sergeant retreated from his position and Mr.
GRAY was allowed to enter