The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-04-19
5 JURORS FOR NAN PATTERSON
JEROME SAYS COUNSEL ADVISED
THE SMITHS TO FLEE

fore Recorder Con In General Sessions on
the charge Of having murdered Bookmaker
Casar Young in cab on the morning Of
June 4 last. They are Louis ~ Aldich,
a former supernte ndent Of the American
Ice Company; John II. Splint, a tea and
coffee mere hant, and julius GoldstUne, a
cloak manufacturer.
Before the trial began District Attorney
Jerome appeared before Judge Foster In
another rart Of the General Sessions and
charged that j. Morgan Smith and his wife
q sister Of Nan Patterson, had, ON the ad-
,i,c Of counsel been fuRitives from this
jurisdiction for nine months in order to
avoid process in the Nan Patterson case
Mr. Jerome submitted an AFFIDAVIT 10 that
effect and said that he would show his
evidence 10 back up the statement II the
Court cared TO see it. He intimated that
the evidence would be found IN the letters
taken from the Smiths at Cincinnati
Mr.. Jerome made these statements to
combat the motion made by II. r. Linn
burger, counsel for the Smiths. for leave
10 inspect the minutes Of the Grand Jury
IN the conspiracy charge against them.
Mr. Limburger denied that the Smiths had
left tie State on tie advice Of their counsel
tut said that in view Of the fact that he
wasn't their counsel when they vanished
be didn't think II necessary to controyert
Mr. Jerome's affidavit, especially as it
was made on information and belief.
At that Mr.. Jerome turned on Mr.. Linn
burger and asked him If the Smiths denied
that they had left the State on the advice
Of their lawyers
Yes sir they do, absolutely shouted
Mr. Limburger.
Now put that in the form Of an affidavit
End submit it 20 the Court, said Mr.. Jerome
pe3dingly. II you will, it will probably
simplify matters great DEAL
MIR Limburger, after thinking a minute,
sid that he didn't think It was necessary
70 answer Mr.. Jerome's affidavit, Judge
Foster suggested that it would be the test
way if the Smiths wanted to deny the
charge
Your clients are within easy access
across the street. Mr.. Jerome added.
As MIR Limburger showed no inclina-
ton to accept this suggestion, Judge Foster
aid he would give him until to-day to
submit afidavits, IL he had any, and would
then decide the motion.
Later in the day Mr.. Limburger served
notice on Mr. Jerome Of an application
be would make to-day to Justice 0aynor
for an order for the examination Of Messrs.
Jerome and Rand to find out what property
they still have belonging to the Smiths.
Mr.. Limburger says that Mr.. Rand didn't
turn over on Monday all the property the
District Attorney got from the Smiths,
and accuses MT Rand Of evadinR the man
datory injunction issued by Justice Gay
nor, but later modified.
While M. jerome was accusing the Smiths
Of having fed at the instigation Of their
counsel. Nan Patterson's counsel Abe
Levy. Henry W. Unger and Dan O,Reilly
we're In the court room. After a talk with
Mr. Ltmburger they went over to Recorder
Cons court. Pretty soon Nan Patterson
Was brought over from the !ombs She
wore a black, close fitting dress which
was more becoming than the steel gray
dress she had made in the Tombs. She Is
pfumper than at the last trial, and tritie
paler. She faced a room lammed TO the
walls with men-women having been barred
by Recorder Gof
A few minutes before Recorder Con
had sent out jury in the case Of one Thomas
Nolan. a burglar. Soon the jury filed in
and stared at the chorus girl. The fore
man said GUILTY. Every eye in the court
room was focused on Nan Patterson. She
apps nentlv saw no one but the foreman.
When he announced the verdict sharply he
turned to look at her and her face flushed;
Nolan was hustled over TO the Tombs and
Mans trial began in earnest.
Before the examination OF the taIesmeh
there was a conference between Recorder
Golf, Mr.. Rand and Mr.. Levy. Recorder
Gof doesn't want any unnecessary delays
and IL was agreed 10 he a. brief as possible
IN the Questioning. The talesmen wero
Tut through an examination not nearly 30
long as at tho last trial.
mall twenty-three out Of the special panel
al 200 were examined yesterday lfeTa
were thirteen peremDtory challenges seven
hy Mr.. Levy and six by Mr.. Rand one
talesman was excused by consent. An
otter. Charles NJ. Wales, was fined 500
: eCausa he didn't answer to his name.
our men we're against capital punishment,
End two others rad decided opinions.
Having in mind the mlstrlal due 10 the
i'ire-s of Juror Mr. Rand asked one juror,
who didn't look ere we'll. II no thought
that hc could stand the strain Of a rial Of
three O four weeks. Recorder Goa sug-
Fes,el however, that that line Of question
ing should lie dropped, as II would offer a
o1Dtole for escape from jury duty.
,-H tale men rae teen rejected when
I- AlGrich was accepted a tho frst juror
and the foreman. Mr.. .Aldrich Said nc
lived in the same house with Dan . Relly's
mo, Ter. but that didn't mako any differ.
cnce Mr.. Levy asked II the fact that
q tcrandant bad led an immoral life and
lat Goa tie mistress Of a married man
Would prejudice him against her, .,
would not tdlO M Anu Gu
could say. Let him who Is without sin
CT tho first stone.
A. -. the Last rial Nan Patter- on was
,u.. as keen in inspecting the tale'men
s. icr counsel. She still seems to favor a
jrry Il young and unmarried men. SIZE
r. 'e-icd one talesman her ELF yesterday.
Ne was Frank T. Hill 1901 Seventh avenue.
lie zoe rcd 10 pass muster with Ter laVyers
aud Mr. Rand. but he stated frankly enough
Diet be had an aversion 10 serving. Mr..
lew whispered 20 hs client, who said.
No. | don't want him.
Another talesman said that u would be
irnpn-s. II for me to serve in this cause.
Mr Srlint, the second juror, " tenant
NJ Henry W. Unger..
Several Of the talesmen were asked II
tie fact that the defendant did not take
the stand would prejudice them against
her. This was taken 20 moan that Mr..
Low might not make defence OF that II
no did Nan Patterson would not be a wit
noe
There was a stir around the Criminal
CJurts Building when story was started
that the District Attorney had found an
irlycrtant witness. II turned out that Mr..
Rand had received word that an actress
named Annie Ross had said that she had
heard Nan Patterson make threats against
Young Miss Ross was brought TO the
p -.