The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-05-13

arrest In Cincinnati Mr.. LimburgeT said,
Smith had been in jail forty days.
Sir. Jerome after Tehearsing Smiths
mart in the Nan Patterson case, went on;
sNow, the importance to the People IN
that case OF the testimony Of this defendant
was vital. at that time. am frank 70
say. sir. that have never had any doubt
about who bought that pistol. ] am trahk
to say that / have no doubt.-and u was
the theory Of the prosecution N the fat ,Sd,
pistol with which 9 sar Young was killed
from the pawnbroker
Al that time this man did not know that
Stern THE pawnbroker) could not Identity
him, and he could have gone before the
Grand Jury who were considering the
Patterson case and testified with impunity
as 10 that which was not true, II he thought
We knew nothing about the place the pistol
was purchased at -.
sBut when, on the afternoon Of the sth
Of June, it was brought home 70 counsel LOT
the defense and this maO thu the District
Attorney had the man RIM whom the
pistol was purchased, ana that the pawn
broker might identify him, conferences were
held with counsel. We have in our posses,
sion photographs Of this defendant ana
counsel leaving this building together'
This defendant went that night, as say
10 Hoboken, registered under false name,
and the father OF the accused girl brought
their traps to them there, they separated
and they came together again. They stayed
outside Of the jurisdiction.
THE family Of the defendant paid thelr
expenses while they were away, ana the
let ers between this defendant and ms
wits show conclusively that II was not a
thcuRhtless act. but that he left TINS Jurls-
die lion, while he was under subpoena, on
advice Of counsel for the girl, and after
conference with them.
CONTEMPT OF THE GRossEsT KIND.
Nov. II it is possible for a human being
to devise OF conceive of more Wlltul' gross
deliberate contempt Of court than that, then
my Imagination Is not active enough 70 90
H. Each and every fact that have alleged
| will prove indisputably TO the court II they
are controveTted.
IF, under these circumstances, IN case
Of as great importance as one mVolVme
a human life, this court is 10 be trihed WIN
in that way, sir, then the penalty Which
the law permits the court to impose is a
farce" ,,
THE District Attorney is not lacking
in Imagination said Mr.. LimourgeI.
Il think be has too much. and he Is not
fully advised Of all the facts.
Judge Cowing aid that he was listening
to an oral argument, and he thought he
should have some documentary eyldence
before ma king his decision. Mr., jerome
agreed with that, and said he would unit
affidavts on Monday; Mr., LimouIger
=
Judge Cowing remarked that, II smith hao
disappeared on the advice OF counsel
counsel should be punished too.
lawyer Simpson Of the firm OF Levy q
Unger. who was in court. replied: "COun-
sci for Nan Patterson is not responsiele
for any letters which the wife Of this de-
PENDANT may have written, and nobody
knows II better than Mr.. jerome.
you are wrong about that, said Mr..
Jerome. Il think the advice was given.
believe the woman's story
THE FnSH or $3.50 PAID.
After some further talk, Mr.. Lmbur ger
admitted that his client had inten tionally
disobeyed the subpoena. and for the sake
Of argument he would conoede that Smith
had disappeared on the advice Of counsel.
Then Judge Cowing senteno ID Smith to
pa fine Of $3.50 OF spend $50 days in jail.
As soon as Mrs. Smith was released she
went 70 the ST. Paul Hotel Smith stayed
in the Tombs until o'clock, when his
counsel showed up with q check for $500.
Every one wondered who would put up
the money for his release.
Then il was discovered that Nan Pat
terson had sold signed statement 10
morning newspaper for $500, and the check
was signed by the cashier Of the news
paper. Nan Patterson's counsel said that
she willingly gave up $3.50 10 Smith, con-
sidering that he had suffer ed a good deal Of
trouble through her.