Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1905-04-26
STERN FAILED
TO IDENTIFY SMITH
As the Man Who Bought the Re-
yOlyer With Which Caesar
Young Was Killed.
PROSECUTIONS STRONG POINT.
Placed Chief Reliance Upon 1t to
Secure Conviction Of Nan
Patterson,

New York, April 26,--The long OK
pected meeting IN court Of Hyman
Stern, the pawnbroker who sold the
revolver with which Caesar Young was
killed, and J, Morgan Smith, who, the
prosecution alleges, bought the weapon
for Nan Patterson, occurred today and
ended In Stems failure 20 identify
Smith. The confronting Of smith with
the pawnbroker had been looked for
ward TO as likely 10 be the sensational
feature Of the trial but instead it was
tame and commonplace
When stern went on the stand Smith
and his wife were brought before him.
The p8wnhroker told the story Of the
purchase Of the weapon and Identified
the pistol as the one he had disposed
Of
Turning toward Nan Patterson, Asst.
Dist-Atty Rand said Look at the
defendant Don't you remember the
lady who accompanied the man who
bought the revolver? DO you recog-
nize the defendant as the one?'
- cannot say shat she was an
Look at Mrs, Smith. Was she the
one?"
81 cauot say that she was"
'Now look at j, Morgan Smith, Can
you say 10 the best Of your judgment
that Mr.. Smith resembles the man who
purchased the revolver from you?'
Abraham Levy the defendants
counsel jumped to his feet with an OBJ
lection.
why can't he ask" he shouted, "ls
this the man that bought the rcyol-
Vorr"
Recorder Goff sustained the objection,
Mr. Rand then changed the form Of
the question saying
rs Mr. Smith the man who pur-
chased the rcvoyor?'
Mr. stern replied, Il cannot say that
ne u.s."
This ended stcrus testimony and
Smith was taken back 10 the Tombs
PROSECUTIONS GREAT CARD.
New York. April 26.-It was expected
that the prosecution I'm the Nan Plttor-
son trial would play what they believe
90 be- their trump card today From the
time the former show girl first was
placed In cell In The Tombs charged
with the murder Of Caesar Young, the
prosecution has claimed that the pros
euce In court of j. Morgan smith the
Prisoners brother-in-luw would con-
Wet the girl OF murder. When Smith
fed before the first trial they beWailod
his absence and declared that only his
presence was necessary 20 permit them
20 pat IN evidence which would result
in conviction beyond "a doubt Failure
90 reach IN agreement at that trial
they prOfosSod 20 believe, was almost
entirely due To- the 'act that Smith had
not been found, Through all the months
a ceaseless search for the missing Wit
ness ana IL Is said, that nearly $50 900
was 8pont by the district attorneys de-
rnr,meut In the search tor the smiths
II rs believed that thc real reason for
bringing him back to New York was
that smith might be confronted with
Stern, the paWnbroker who sold tie
revolver with which Young was shot
The prosecution claims that the revolt
Yer was purchased from Stern by j.
Morgan Smith less than a hours before
the tragedy I'm the cab This Is fatty
denied by the defense and at the last
trial Lawyer Levy Miss PattcreOn's
counsel, told the jury that "he wished
to God that 10 was within the power NJ
the defense 10 produce this witness
smith, stern tho p0wnhr0kor. all
ready has confronted Smith since the
latter was brought back 90 New York
hut whether he was able To- Identify him
as the purchaser OF the revolver has
not been made known To the public The
only intImaiOn on this polLt which
was given by stern himself, was not
conclusive. Before going % the room
whore he was 10 meet the returned Wit
ness stern said he was not sure that
he could Identify Smith positively
when he came out a few minutes lat
cr he remarked, what I said stn
goes Since that time he he's declined
90 make any statement whatever re-
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