The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-04-27
CAN'TDENTIFY MORGGNSMITH
PAWNBROKER VINO SOLD PISTOL
CHEERS UP NAN PATTERSON.
Prisoners Handwriting, a. wen ~ Her
Sisters. Figures for the FIrst Tine
-NewSbOy sayS Il was smith WhO Told
Her you Must DO IL" ana slapped Her.


did Il look brighter for Nan Patterson than
when she crossed the Bridge Of slghs 10
the Tornbs last night. Lyman Stern, the
pawnbroker. who sold on June last the
pistol with which Young was killed the
next day while riding in cab with Nan
Patterson had failed 10 Identify j, Morgan
Smith, brother-in-lAw Of the chorus girl
as the man who bought the revolver In his
shop, A man and woman bought the re-
volver Stern says but be could not Identify
Mrs. Smith a. the woman who was with the
man. He was even more positive that
wasn't Nan Patterson.
So thus far the capture Of the Smiths.
who were hunted for nine months by the
District Attorneys Office has been help
TO Nan Patterson instead Of hurting her
case, OF at least that was the general Inn
preston at the olose Of yesterdays Bession
Of Recorder COTS court. Her counsel said
that they felt tho evidence against them
was so slim that Unless Assistant District
Attorney Rand had a card up bis sleeve that
he hadn't played az the last trial it wac
probable that no defense would be made.
Mr. Rand has two important witnesses
yet 20 be called, Mrs. Margaret Young,
the widow OF the hookmalSer, and John
d. Millin, Young's racing partner Edward
Froehoh the clerk in Storms pawnshop,
who says lie saw the pistol bought may
be called to identify Smith. II Mr.. Rand
has any other witnesses Of importance
or documentary evidence Of importance
he has kept them under cover In his
opening Mr.. Rand stated without quail
lcation that Smith was the man who
bought the revolver. but no evidence TO
prove It has bean introduced 80 far.
Mrs. Smith was called by the prosecution
yesterday to identify Nan Patterson's
handwriting. She wasn't asked about
anything else. This was taken to mean
that an effort would be made by Mr.. Rand
10 get in letters from Nan Patterson found
on the Smiths when they were arrested
in Cincinnati. There are said TO be half
a dozen Of these letters. and il Ia said that
they may disclose the reason for the
disappearance Of the Smiths after Smith
had been subpUnaed for the Grand Jury
and few days before the chorus girl was
indicted Another witness identified Mr..
Smiths handwriting in a Hoboken hotel
register. These two points and the identi-
fication Of Smith by Joseph Hewitt, the
onelegged newsboy, as the man who said
TO Nan Patterson when they came out Of
Pabst's restaurant ct tho Circle on the
night Of June 8, 'YouhAvs 10 do IT,, and to
whom she apaEsred, II veal, ss-PSeg -oiheE.
matters Of interest yesterday.
There was a greater crowd than ever
at the trial yesterday. Women fought
with men 10 get into the courtroom. A
juror who couldn't fight bis way In at the
afternoon session was 30 incensed that
he complained to Recorder Col. The
Recorder evidently thought II was the fault
Of the captain OF the court squad. and he
deposed him and sent TO another court
for a captain.
Twice the Smiths were brought into
court, but only once together. That was
when Stern was on the stand. They had
been brought over from the Tombs early
In the morning and we're waiting in q room
adjoining the court. They were kept
there most Of the day.
PAwEBRoKER CANNOT SAY
Stern. a heavy set man, identified the
revolver. To make sure that 1t was the
revolver he sold he shifted his glasses for
a stronger pair. Then he said IL had been
bought by a man and q woman. The
maH was taller than he,
Call J. Morgan Smith and his wife,
said Mr.. Rand In a sharp tone.
There was a buzz from the women and
some Of the men in court jumped UP. A
door In the back Of the courtroom opened
and Smith and his wife walked swiftly to
the bar. Smith was nervous. His wife
wasn't.
is this defendant the woman who bought
the pistol?' asked Mr.. Rand. pointing 10
Nan Patterson.
mo, abe Is not said Stern.
Are you prepared to say that this Ia the
woman who was with the mani' asked
Mr.. Rand, indicating Mrs, Smith.
i cannot say that she Is, said the pawn
broker mildly.
Mr.. Rand paused and then put the ques-
ton that every one had been waiting for.
He looked at Stern and than at Smith.
Are you prepared 70 say thAt thh \
the man who bought the pistoli'
Stern hesitated for less than q second.
but it seemed much longer
sNo, cannot say that he Il the man.
sa I'd be.
The men and women who had been stretch.
ing their necks forward 10 get every word.
fell back In their seats.
Gan you tel whether or not be resembles
the man In general Rppoannosl' persisted
Mr.. Rand. Before Stern could answer
Mr.. Levy had shouted an objection which
was sustained by the Recorder.
Mr.. Rand asked Stern how long the man
was In the store, Stern said he didn't
know; few minutes, perhaps. He oouldnr
describe the general features Of TIE man.
The man was about % yean old, he thoughts
maybe not quite 90 old. Then Recorder
Coz asked him two questions,
when was the revolver bought, IN the
forenoon or afternooni'
Il can't say replied StsTn.
sWho paid the money for the revolver,
The man or the Womani'
sim not sure replied Stern. Il think
I was the man.
Stern said that 80 was paid for the re-
volver. Mr.. Levy had only one QUESTION
10 ask him, vhstheF or not two photo
graphs Of Smith had been shown 70 him.
stern said ~. and Mr.. Levy waved him
ID the witness stand. Mr. Rand yelled 20
lin 70 coma back. but the Recorder would
1ot 1T him.
'Ths examination u ovoT," he said.
Smith ohucklsd. Nan PatterSons face