The Montgomery advertiser., 1905-04-27

 SAVES SMITH ..-| Fails to ldegyfy Brother
 in-lasss of Nan. cLIMA7s,F PROSECUTION Ri0touS Scenes Attend the
 Courts Opening. Men and Women Fight for Admittance to Trial of FIorodora Girl Ac-
 cused of Having Murdered
 Caesar Young.

New Tork, April zo.-lne cihiaN h the prosecution of Nan Patterson, who Is on trial charged with shooting Caesar" Young, was reached today when Hyman Stern, the pawnbroker, failed to identify J. Morgan Smith as the man to whom he sold the pistol with which Young was killed.
 This feature had been looked for ward to with much interest and was expected to make somewhat of sem sation. On the contrary, however, 1t caused but a ripple of comment and surprise in the courtroom, although 1t was the dramatic moment of the trial. Stern also failed to identify Nan Pat terson or Mrs. Smith as the woman who accompanied the man who pur- chased the revolver. Smith had been brought from Jail to confront stern and after the latter's testimony Smith was taken back to the Tombs.
 Riotous scenes attended the open ing of the courtroom for the afternoon session. Women and men fought to get past the police. Several women tainted and many had their dresses torn.
 Throughout the entire day Nan Pat terson followed the testimony with more interest than on previous days and when adjournment was announced she caressed her father and remarked:
 q think this has been a good day Tor me"
 Only two important witnesses for
 the prosecution, caesar" Youngs widow and his racing partner, John Millen, remained to be examined when the trial adjourned this afternoon. Prosecutor Rand announced that by noon tomorrow the State would close It's case. Abraham Levy, senior coun-
 sel for the defense, will then ask for an adjournment for the day: and If 1t Is granted the opening speech for the defense will be made by Henry T. un-
 ger on Friday.
 Trump Card Expected. It was expectGd the prosecution In the Nan Patterson case would play what they believe to be their trump card today. From the time the for mer show girl first was placed in cell in the TofnAs charged with the murder of Caesar Young, the prosecu- tion has claimed that the presence in court of J. Morgan Smith, the pris- oners brother-in-law, would convict the girl of murder.
 When Smith fled before the first trial they bewailed his absence and de- clared that only ms presence was ne- cessary to permit them to put in evi- dence which would result In conviction beyond a doubt. Failure to reach an agreement at that trial, they professed to believe was almost entirely due 10
  found. Through. all the months a ceaseless search for the missing Wit ness was prosecuted and finally just before the girl was again to face her accusers, Smith and his wife were tracked to Cincinnati, arrested as rug itives from justice and brought back to New York. ostensibly to answer charge of conspiracy in connection with the Patterson case. It Is said that nearly $3O,000 was spent by the district attorneys department Tn the search for the Smiths and 1t IS De- leved the real reason for bringing him hack to New York was that smith might be confronted with Stern. the ma awnbroker who sold the revolver with which Young was shot.
 The prosecution claims that the re- ,,olver was purchased from Stern by J. Morgan Smith less than twenty-four hours before the tragedy In the cao' This is flatly denied by the oeiense ei,se and at the last trial Lawyer Levy MISS Patterson's counsel, told the Jury that "he wished to God that 1t was within the power of the defense to produce this witness Smith.
 Confronted Before.
 | Stern, the pawnbroker, already hds | confronted Smith since the latter was brought back to New York, put Wheth- ar he was able to identify him as the nurchaser of the revolver has not been made known to the public. The only | intiuation on this point, which was | g,ven by the pawnbroker himself, was not conclusive. Before going 10 the room where he was to meet the re-
 turned witness Stern said he was not sure that he could identify smith pos | Itivclv When he came out few minutes later he remarked, What l said still goes" Since that time he | has declined to make any statement | whatever regarding the case. It Is De- | Ifeved. however, the two men would
 face each other in the open court today
 and a most dramatic scene was ex-
 pected.
 The skeleton which played so prom trent A part in yesterdays proceedings
 was still dangling beside the witness chair today when Miss Patterson came l into the court. It was quickly removed l. by order of Recorder Goff, however. The first witness today was a repre-
 sentative of a well known arms man
 ufacturing company, who identified the
 revolver which has figured In the case as A weapon made by his company. He l was followed by pr. Charles Phelps 9f | the Board of Police Surgeons, an expert
 on pistol shot wounds.
 l The prosecution succeeded through Dr. Phelps's testimony in getting in some evidence which was ruled out | bv Supreme Court Justice Davis at the l last trial The witness told of expe-- | iments he had made with the weapon which is alleged to have caused Young's | death after Recorder Goff had over ruled MT. Levy's objection and then
 produced pieces of cloth which he mad used In the trial. These samples wera | similar to the fabric of which Young's | coat was made and the witness had | cred experimental shot through them. pr Phelps Conclusion.
 pr. Phelps said that after an exami- | nation of Young's coat he had reached | the conclusion that the muzzle of the | revolver was held not less than three
 nor more than five inches away from | the garment when the shot was fired | The witness was not cross examined. John Crowley, a Harlem cab driver,
 testified that early in the morning of | June 4, he saw the defendant, Young, and William Luce at Eighth Avenue | and One Hundred and Twenty-fifth | Street. Young wanted her to get into l the cab and upon her hesitating he ] pushed her in and directed Crowley