The Montgomery advertiser., 1905-04-26

they came out the man again told him to be sure to get to West Fulton Street by o'clock.
 The Fatal Shot.
 few minutes later while he was driving through West Broadway he heard the sound of a shot, his horse was startled and came to stop. Mi- chaeIs did not look into the cab even when the woman raised the trap and told him to drive to a drug store. He told the clerk at the drug store that the man in the cab had been shot and was ordered to hurry to a hospital. He did so. vi
 why did you not look into the cab, when you heard the shot?" asked Juror Goldstone
 Tt was not my place. Suppose I had looked in and got shot, replied the cabman as he left the stand.
 The bar tender of the saloon In Blocker Street testified to the brief visit to the saloon by Young and Miss Patterson. Dr. F.. M, Ryggin, formerly of the Hudson Street hospital testified that the bullet which caused Young s death entered the left side and after striking the backbone, lodged in the muscles of the back. Hemorrhage was the cause of the death.
 While Dr. Ryggin was being examin- ed headless and legless skeleton was brought into court. Lawyer Levy strenuously objected to its introduction saying 1t was unnecessary and tended to prejudice the case against the de- fendant. Miss Patterson was visibly af- fected. .ai At recess Mir Levy stated that he had received a letter from Dr. Booth Ken dall of Menasha, Wis, containing To- cal newspaper clipping in which 1t re- 1 ported that Joseph Kasel, jockey. writing at Chicago to friends in Mena sha, mentioned he had been employed I by Caesar Young and that he knew the | latter to be Respondent individual, who, when in trouble, was inclined td commit suicide. Kasel. according to the clipping, Is the son of a former street commissioner of Menasha.
 John Mellin. Young's racing partner said he did not know jockey named Kasel and is sure that he never em- | ployed a rider of that name.
 | Using the skeleton.
 | After Dr. Riggan had indicated on | the skeleton the course of the bullet | which killed Young, Mir. Levy. counsel
 for the prisoner. asked that he illus
 trate the position in which the revol-
 yer must have been held to produce 1 the wound. T could not do it at the point have
 indicated" the witness replied, be 1 cause I could not twist myself into
 such a position" | While MT. Levy was questioning Dr. 1 Riggan Assistant District Attorney l Rand held the revolver with the mug
 gle turned toward his own right breast l and snapped the trigger time after 1 time
 MT. Levy questioned the witness
 closely about the skeleton which was
 used in the illustrations and drew from
 him admissions that it was consider
 ably smaller than the frame of Young 1 and that he was not sure it was made
 up of bones of one person or even that
 the bones of two sexes had not been
 used He could not be positive that l the fourth dorsa1 vertebrae came from
 human being
 Could you tell whether it came from
 man with red hair and with teeth
 fiIed?" broke in Mir. Rand.
 This interjection caused Mir Levy to complain bitterly to Recorder Goff, He
 asked that the prosecuting attorney l be suppressed. saving; T wish this J ~si.rSerciilou;s sadare s5awed individual
 would try to be a gentleman"
 o'HanIOn's Change.
 pr. Phillip F. O'Hanlon, the coro-
 ner's physician, who performed the autopsy on Young's body, told the jury
 that his opinion had changed since he
 reported the case to the coroner's of l flee, as one of suicide. He did not
 know of the relations of Young and
 the defendant at the time that report
 was made, he said. In. reply to MT. l Levy, however. he admitted that he 1 had expressed the opinion that it was l case of suicide even after he had
 heard the facts of the relations be-
 tween Miss Patterson and Young. He | said that he was influenced in his first ! decision that Young committed suicide i by black spots on the inside of the
 dead mans fingers, which he believed 1 to be powder stains. The trial will be 1 continued tomorrow Counsel for J. Morgan Smith and 1 wife served notice on District Attor- l ney Jerome that he will tomorrow
 make a motion for a dismissal of the | indictments against his clients. Tn his 1 affidavit the lawyer says that there is l no evidence to show that his clients l conspired against Caesar Young in any | way; that the evidence of Sterne, the l pawn broker, does not in any way con ! meet him with the case; that most, if
 not all, the evidence given before the
 grand jury was in response to leading | questions and was really the testimony 1 of Assistant District Attorney Rand and not the witness's and that 1t would | not be admitted In any court.