The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-04-25

AhfF Ae''''' ''
sTbe revolver with which Cesar Young
was killed had been bought the day be-
fore at the pawn-hop e Hyman stern oy
j. Morgan Smith, hrp'her-.n-la" Of Nan
Patterson
Thus Assistant District Attorney Rand,
in his opening address ~ the jury ye5ter-
dav. promised 70 reinforce for the second
trial OF Nan Patterson The evidence that
rho murdered Young In pursuance Of
plot deliberately formed II was the urst
time that the prosecution had dlrecty
charged Smith Sith having bought the
pistol, and Mr.. Rand's blunt statement
caused a stir among the chorus girls ooun-
sci and made her uneasy Mr. Fana gave
no indication Of how be intends 70 prove
that Smith bought the pistol, tho surInlse
being that either Stern would idenuly
Smith or that there was evidence IN the
letters taken from the Smiths at On
Cinnati. ....
Abe Levy. Of counsel for Miss Patterson
admitted that be was surprised by MI
Rand. statement. He says, however,
that he will be able TO prove that smith
could not have been the buyer OF the re-
volver.
we have evidence absol utely ire
futable, he said, that smith could not nave
bought that pistol. Il would have been a
physical impossibility, unless he had wings
We'oan prove by FIVE or six responsible wit
nssses that smith could not have been at
Stems pawnshop when the pistol was
bought
TIE MORGAN SMITHS BRoUoHr INTO COURT
That Smith and his wife. Julia Patterson
Smith, sister Of the prisoner, will be i'm
portant figures In the second trial was made
plain before yesterdays session was over
A few minutes before Recorder Con ad-
journed court. the Smiths we're brought
over from the Tombs, 10 be identified by
Detective Quinn Of the Leonard street sta
tion. Quinn had been describing the scene
IN the Coroner's court a few hours after
Young had been killed. After he had told
her that Young was dead, Nan Patterson
cried:
ooh. why did he do it7 II he's dead /
might as well kill myself. He had every
thing TO live for. II he's dead l want to
die too
Then, in the Coroner's court, Miss Pat
terson asked Quinn 70 take his billy and Kill
her. A second later Smith and his wife
walked into court Smith took the chorus
girls hands and led her TO a chair. Mrs.
smith sat next to her. Quinn went on:
THE defendant said, oh, Morgan.
Cesar Is dead Then l looked at SIM. h..
He was green, almost -
Assistant District Attorney Garvan
stopped the witness and motioned TO a
court officer at the back Of the room. A
door was opened and Smith and his wife
came in. They we're marched up to the
rail within a few feet Of Nan Patterson.
Mrs. Smith was pale. Her sister hdgeted.
smiths strawcolored head bobbed far
above his wife's.
Mr.. Levy was on his feet in jify. He
looked at the Smiths, then at his client
and shouted protest.
is this a theatrical de monstrationi'
he asked. .,,
sNo, il is not, said Mr.. Rand. 1T will
be seen why they are here
Pointing 10 Smith, Mr.. GRrvan asked
SIS this the j. Morgan Smith you saw in
the Coroners couTt1'
1T is" replied Quinn.
and this is Mrs, ]. Morgan Smith,
Yes, sir
Mr.. Garvan tried to get before the jury
that the Smiths had been fuRiuves from
this jurisdiction for nine months. He asked
Quinn II he had seen either Of the Smiths
since that day in the COroner's court. Be-
fore Quinn could answer, Mr. Levy's OBJ
lection was sustained.
At no time in the forty odd days that Nan
IuIUeIHOn mas Detfl III tNlIl NlfINt lltI III ~
trial began has she looked so fatigued
The morning session was cut snort because
she complained to her counsel that she was
tired out When she got over TO the Iomhs
she fell IN faint and DIT. Ma guire the Tomhs
physician, was called 70 treat her. She WIS
very pale and worn looking all through
the afternoon session.
Long before court opened there was q
crush at the door. squad Of police saw
to II, however, that only those who had cards
from some one in authority got in. About a
dozen women had seats in tho back part Of
the court room
PROSECUTORS OPENING.
Mr. Rand began his address by impressine
upon the Jurors their respor sibility. A great
sensation had been made Of tho case, Mr.
Rand said, but II was the duty Of everybody
connected with the trial 10 FORGET what ha q
gone before and consider only the evider 20
Remember that your minds are 10 be
erased tablets said Mr.. Rand, 10 be
impressed bv only what Is said In court under
oath. It sounds simple, but il is hard,
very hard, especially when the defendant Is
OF the sex in which we look for the virtues
that adom and beautify human nature
and where we do not seek vice and degra.
dation that can lead 70 serious crime. il
it be a crime for a man to kill man IL il
no less a crime for a woman to kill a man
This Is not a court OF honor, chivalry OF
morals, as one Of you suggested when he
was being examined; Il is court Of law
that this woman comes before you an
innocent woman-innooent Ia the eyes OF
the law as any woman in your household
You must not take against this woman be-
mode Of life. You have all agreed thai
she IL on trial here, not for her chastity
but for murder. A woman Of the looses
morals Is entitled to as fair a trial as
woman OF the fairest virtue.
SBut the question Of her past life enter
here. II she takes the witness stand he
credibility is at issue, and her past characte
should be considered
MURDER FLANNEL TIVE DAY BEFORE.
Mr.. Rand said it would be shown that only
a monkey could have inflicted on himsel
the wound that killed Young II would b,
proved, he said, that a conspiracy wal
Matched TO keep Noung's money In the de
fendant's family, and was about to fail.
THE killing OF Cses ar Young was planned
the day before he died, and the weapon
that inflicted the fatal wound was procure,
that day. Only one person living can tel
how Young was killed The law forbids u
20 call that person as a witness, but vi
intend 10 pr We this crime with facts anC
circumstances that are consistent only
With murder by this defendant
Into the stOI, @. tue KlIuug Of Young
Il 4 ~. -