The Montgomery advertiser., 1905-05-02

girl had marked the man for slaugnter and had designed to kill him for failing to marry her." said he, ''she had the opportunity the night before to destroy him in secret without an eye witness. If she had plotted murder she would not have attempted to consummate the crime in a crowded street in broad day- light.
 sIt has been said that Caesar Young did not have a pistol. You remember that he was a bookmaker and carried large sums of money. He came 1rom the West, where pistols are carried great deal. Is there any evidence in tnis case that this weapon was not bought for Young by a friend?
 There is not single fragment or evidence in this case which will show a threat on the part of the defendant to do Caesar Young harm except m a letter written by Julia Smith. which was excluded from the case. IT they called Stern, the pawn broker. why did they not call his clerk? Why did they not produce Sterns books to show that this pistol was bought June 3. 1904. and also to show that the bracelets and ring were pawned on the same day?
 we have the right to spend thous- ands and thousands of dollars to get evidence and the right to appeal to the Board of Estimates if we want more money"
 Could Have shot Himself.
 MT. Levy contended that Young could have shot himself, and said this dis- posed of the murder theory. IT foung did not shoot himself. then how did the black spots like powder marks get on finger of his right hand?" said MT. Levy. There were no powder marks found on her hand and this indicates that Young shot himself. If this case was one of murder, why did not the doctor take measurements. and why not a photograph of the deceased pro- duced as evidence to show his build and muscular development? Such steps would have tended to clear up neglected points in the case.
 After reviewing the examination or Julia Smith by MT. Rand and declaring that no frai1. weak woman could With stand such an onslaught, Mir. Levy dis cussed the alleged purchase of the re- volver by J. Morgan Smith. He said if that had been proven, the case would have been greatly changed. but declar- ed that the failure of Pawnbroker Stern to identify Smith brought that phase of the case to an end. MT. Levy said he was glad the pawn tickets were introduced in evidence, as they showed that Smith was fin the habit or pawn ing things at Stern's and consequently could readily have been identified by Stern if he were the purchaser of the revolver.
 MT. Levy ridiculed the contention of the District Attorney that Young was marked for slaughter from May 5. He said if the defendant were a mercenary woman she would not think of cutting ofY the source of her money.
 q say, gentlemen, that in my judg- ment this case is one of deliberate murder or suicide. There can be no mansiaughter about it. There should be no compromise verdict. She Is either guilty of murder in the first de- gree or not at all. 1 have made no att tempt to appeal to your emotions or touch your sympathy. It is an appeal for right and justice. am not con- yinced that the prosecution has proved the case beyond a reasonable doubt
 It was o'clock when Mir. Levy, who had spoken fin all over five hours. con. ciuded his address. During his long talk Nan Patterson kept her eyes fixed on the jury, watching the effect of MT Levy's argument, which may decide her fate. When adjournment was am nounced. Miss Patterson walked back to the prison with q steady step. She made no comment on the days pro- ceedings.
 Assistant District Attorney Rand will make his closing argument tomorrow.
 The District Attorneys office is mak- ing a thorough investigation of story as to the suppression of certain evil dence in the case A number of wit nesses have been summoned and atft- dayits will be taken from them at the conclusion of the trial