The Kimball graphic. (Kimball, Brule County, Dakota [S.D.]) 1883-1905, 1905-05-05
FAILS
In PATTERSON CASE
Star Witness Couldn't identify
Her Brother-in-Law as Re-
volver's Purchaser.
PLACED ON STAND ToDAN
Promise That Morgan Smith Would
Be Proved Man Who Bought "a
tai Weapon Entirely Fails of
Being Justified.

New York. April 9S.-When the triI
nf Nan Patterson, charged with the
murder of Caesar Young, began today.
it was the general expectation that the
prosecution would play its rulnp card.
Ever since Miss Patterson wns an
rested the prosecution has claimed the
presence in court of j. Morgau Stni;!l.
the prisoners brother-in-law. would
convict the girl of murder When
Smith He'd before the first trial they he
walled his absence. declared that only
his presence Was necessary To permit
them To put in evidence which would
result in conviction beyond a doubt.
a ceaSeiess search for the missing
Witness WAS prosecuted, and finally.
just before the girl was again to face
her accusers. Smith and his wife We're
tracked to Cincinnati. arrested rs tusi-
tives from Justice, and brought back To
New York. ostensibly to answer Il
charge of conspiracy in connection with
the Patterson case. 1t is said nearly
$4,000 Was spent by the district at
torney's Department in searching for
reason tor bringing him back To New
York Was that Smith might be COIL
fronted With Stern, the pawnoroker.
who, ii is alleged. sold the revolver
With which Young was shot.
The States Claim.
The prosecution claims that the re-
Nolver Mas purchased from Stern by
Smith less than t~wenty-four hours be
fore the tragedy in the cab This is
fatty denied by the defense. Thu DAWN
broker has already confronted Smith
since the latter WAS brought back to
| New York. but whether he was anle To
Identify him AS the purchaser Of the
revolver MAS not made known To the
public.
The first witness today was n rep
| resentative of n Well known arms man
ufacturing company, who identified the
revolver as n weapon made by ms com
pany. He was followed by DR.. Charles
Phelps of the board of police surgeons,
am expert ON pistol wounds.
Stern was called i'm the case later.
He failed To Identify Smith as the man
who had bought the revolver with
which Young WAS killed.
A Boys Testimony.
Joseph Hewitt. ir.. y newspoY. de
scribed the scene which he sad h" Wit
messed in front of a cafe III Columbus
| circle on the evening before Young was
KILLED! He said he saw Miss Patterson
come from the door of the cafe With "a
! man. They were Quarrclling, aud as
the man put the woman in thu cab.
witness heard the man say, You'll
have to do it," The woman replied.
L won't" whereupon the mau SLAPPED
iItl u sillI ~ 'ANs ~ 49, go
The boy identified Morgan Smith rs
the man whom he saw with Miss Pat
terson.
Hes learned his lesson we'll re
marked Smith, as he was led back To-
the Tombs.
There was a wild scene in the corri-
doris around the court room this after
noon. Men and women fighting for adj
nlittance after the noon recess blocked
the p;lssagcWays, tore each others
clothes. and so damned the entrance
that Recorder Goff. the attorneys and
jurors had the greatest difficulty in
making their way through the stlus-
Cling CROWD to the court room. Mrs.
j. Morgan Smith, Nan Pattersou'S sis
ter. was called to the witness stand
this afternoon.
Coroner's Physician Changes Mind.
Perhaps the most interesting deNel-
opment in the testimony came when
| Coroner's Physician O'Ilanlon, took the
witness stand for the prosecution and
| said in reply to questions that he had
changed his opinion that Young had
committed suicide.
DR.. o'Hanlon performed the autopsy
on Noung's body. In his testimony To-
day. he said: My present opinion is
not the opinion l formerly expressed to
Coroner Brown
The counsel for the defense, Lawyer
Levy. asked the doctor: Did YOU re
port this case to Coroner Brown as one
of suicide?"
When DR.. o'Iaul"n replied III the
Affirmative Mr.. Levy asked: ID you
now say that in your best judgment
ii is y case Of suicide?'
mo. / Won't say that
Didn't you say so once?' was asked.
Il lid, but I think now it is . case
for the jury to decide. | thought at
the time that | detected powder marks
on the hands of Caesar Young"
Assistant District Attorney Rand then
produced the official report OF nr-
O'I1anlor. which did not coniinc the
case as one of suicide and the doctor
said that he simply expressed the sui
cid opinion in conversation with Cor
oner Brown.
After some further questioning Mr..
Rand asked the witness if he still held
the same opinion that he expressed to
Coroner Brown, and DR.. O'Hanlon re-
piled: Il will only say this, my opin-
ion is not what it was when l talked to-
Coroner Brown