The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-04-26
CASE IS WRECKED
Whole Structure Erected by the
PrOsecutiOns
In Nan Patterson Murder Trial
Goes to Pieces.
DIDN'T KNOW SMITH.
Pawnbroker Who Sold Pistol
-, That Killed Young
Fails to Identify Girls Brother
in-LaW as Purchaser.


trlal today and failed TO identity ]. Nor
gan Smith as the man who boue,b+ the
revolver with which Young was killed
1t was expected that the prosecution
would play what they believed to he
their trump card todav. From +be
tlne the former show girl first was
placed in cell in the Tombs cbareed
with the murder of Caesar Young the
prosecution has claimed that the nras-
ehce IN court of J. Morgan Smith the
prisoners brother-in-Iaw would convict
the glrI OF murder. When Smith fled
DeIofe the first trial they bewaiIed his
absence and declared that only his pres
eHce was necessary to permit them to
put IN evidence which would result in
CONVICTION beyond q. doubt Failure to
Ieach an agreement at that trial. they
pfoIessed to believe, was aImost. entire
~ due TO the fact that Smith had not
been found. Through all the months a
ceaseiess search afor the missing witness
was prosecuted and finally. lust before
the glrl Was again to face her aecusers
SiIllth ana MS wife were tracked to
cincinnati, arrested as fugitives from
justice and brought back to New York
o9teLSIDly TO answer a charge of con-
splraey in connection with the Paffer
son case 1t IS said that nearly $50. .OOOl
partment in the search for the Smiths
ana II is believed that the real reason
Tor bringing him back to New York
was that Smith might be confronted
win stern. the pawnbroker who sold
lne revolver with which Young was
shot.
Ihe prosecution claims that the re-
E0lNef was purchased from Stern bv I
morgan Smith less than "A hours before
the tragedy in the cab This is Aatl,y
denied by the defense and at fhe Iaet
ulal Lawyer Levy, Miss Patterson's
counsel, told the jury that "he wished
70 God that it was within the power of
Smith
Skeleton in Court.
The skeleton which pIaved se ,,ro,,,
lnent a part in yesterdays proeeedines
was still dangling beside the witness
chalr when Miss Patterson came into
the court room today It was a11icl-f17
removed by order of Recorder COZ
however. I'LL
Ihe first testimony today was a re-
port OF well known arms manufactIr-
ing company, who identified fhe "a
volver which has figured in f7e ease ee
a weapon made by his company. He
was followed by DR.. Charles Phelps of |
the Dcard OF police surgeons, an expert
on pistol shot wounds.
The prosecution succeeded fbro,7e.I,
DIR. Phelps testimony in getting in
some evidence which was ruled out bv
supreme Court Justice Davis at the last
tf1aL The witness told of experiments
ne ne mao mace with the weapon which is
aIleged to have caused Young's death
after Recorder Goff had overruIed Mr.
LeVys objection and then produced
pieces of cloth which he had used in
the tests. These samples were similar
TO the fabric of which Young's coat was
made and the witness had fred expert
mental shots through them
Dr. phelps said that after an examina-
rlon OF Young's coat he had reached the
conclusion that the muzzle of the re-
VoIVef was held not less than three nor
more than five inches away from the
garment when the shot was fired. The
pieces of cloth which Mr.. Rand said
were offered for illustration only" We're
handed to the jurors for comparison
with the burns on Youngs coat. Dr.
Phelps explained in detail the difference
shown by the samples. The pieces
against which the revolver had been
held showed considerable scorching
around the perfOratiOnS made by the
bullet, while those from which the re-
vOlver had been held from three to five
inches showed z smaller area of scorch-
ing and less smudge, corresponding
closely to the burns on Young's coat.
The witness was not cross examined.
Saw Young Slap Her.
John Crowley, a Harlem cab driver
testified that early in the morning of
June 4, he saw the defendant. Young
and William Luce. at Eighth avenue
ana 1z5lh street Young wanted her to
get IN the cab and upon her hesitating
he pushed her in and directed Crowley
TO drive to the st. Paul hotel On the
way crowley looked into the cab and
saw the girl was crying. Under cross
examination witness said Young slapped
the girls face when he pushed her
INTO the cab and said he would knock
her head off. Young was drunk. An
other cab driver told of driving Young
the girl had left in Crowley's cab.
Expert testimony on handwriting was
introduced when a letter written by
Nan Patterson to Ada Patterson who
described herself - writer was ac-
cepted as a standard. The letter was
an invitation to call on Miss Patterson
in the tombs
David N. Carva1ho, an expert on
handwriting, then examined several let
ters and after comparing them with
the standard said that in his opinion all
were written by the same person.
Joseph Hewitt, Jr-. newsboy de-
in front of a cafe in 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 quarreling and as the man
put the woman in a cab the witness
heard the man say: You'll have to do
it The woman replied 7 won't
whereupon the man slapped her face
and pushed her into the cab
AS the witness took the stand 7
Morgan Smith was brought into the
court room, and given a seat among tI1e
spectators When Mr.. Rand asked the
boy to look around and see if he couI5
pick out Tie man he saw with Miss
Patterson Mr. Levy objected to tl7a
identification being made in that va
and told Recorder Goff that the u-itness
was shown Smith at the time of the
latter's arraignment before Judge Fos-
ter several DAYS ago. Smith - 4r.or.