The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-04-13
Smith NOT THE PISTOLBUYERY
PAUNBROKER SAID NOT TO NAVE
RECOGNIZED HIM.

Smith hrOther-tn-laW OF Nan Patterson,
va. arraigned on the charge Of conspiracy
in trying to eItort money from Book
maker Cesar Young were three persons
whose testimony II was expected would
be important links in the chain Of evidence
constructed by the District Attorney TO
show at the second trial Of Nan Patterson,
which begins next Monday, that she muir
dercd Young in a cab on the morning Of
June { last.
They we're Lyman Stern, the Sixth ave-
nile pawnbroker who sold the pistol with
which Young was killed; his son. who was
nre-cnt when the pistol was bought by
mar and a woman. and Joseph Hewitt,
the one legged newsboy who says that
be- saw a man slap Nan Patterson's face
in front of Pabsts restaurant at the Co
hIrIlu- Circle the night before Young was
killed. the man saying, you've got to
do i;. YOU must do it.
Under instructions from Assistant Dis
trlct Attorney Rand, the Stems and Hewitt
refused to say whether OF not they had
Identified Smith as the man who bought
the pistol or the man who slapped the
prisoner Al the first trial Stern said he
thought picture OF Smith looked like
the man who bought the pistol. Since then
the StafI- have said that they didn't think
they could recognize the man who bought
the pistol even il they saw him. After
they left the court room yesterday II was
sa'I that they had refused TO say that
smith was the man. Mr.. Rand would not
raw whether or not they had refused
smith and his wife. Julia, Nan Patter-
som sister, were held in 50, 900 bail each on
t.t, OH arm vvifh
money. and their counsel, II. r. Hmburger,
said that unless some charitable person
came forward ne would ask tomorrow to
havetho iail reduced. In the meantime they
are IN the Iomhs with Nan Patterson,
with whom they are jointly charged with
conspiracy. She will be arraigned before
Judge Foster to-day on the conspiracy
charge.
Nan Patterson, who takes her prison eX-
rerienco calmly, showed some excitement
yesterday morning while waiting for the
Smiths to get through with the court pro-
ccedings. FOR a half hour she fdgeted
Ground the counsel room in the Tombs
talking to Dan OReilly and wondering
what kept her sister Then she spied the
couple crossing the Bridge Of Signs. She
jumped TO the window and tapped on the
glass 20 attract their attention.
Look, look" she said There's Julia.
Why. h old she looks
As the Smiths turned into the main cor
rdor Miss Patterson ran out and embraced
her sister There was a weeping spell, and
when the tears had stopped Miss Patterson
said
sMy dear Julia. how old you have grown.
Why you are quite gray, How is mother?'
Yes, said JuIa, L have been quite III.
] weigh less than 100 pounds now. But III
be all right soon"
smith having left the women TO them
selves for few minutes, walked over to
them. Miss Patterson turned. For a
second It looked az II she was going to turn
from him Then she put out her hand, none
too Ordially, and Smith grasped Il.
Hello, Morgis, how are you!' she said
That was all they had to say. just then
the father of the women came busting in
My he said bitterly looking at his
daughters and Smith. i suppose we'll
have the whole family here next
Then the men withdrew, and the two
women chatted. Finally Nan Patterson
called Warden Flynn and asked that her
sister be put In p cell near her. This was
done An hour later the sisters ate at the
same table. The last time they dined to-
g,thor was the night Of June 3, when they
had dinner NJ the st. Paul Hotel.
When the Smiths were brought from
Police Headquarters 20 court yesterday
morning there was q crowd in their wake
and the court room was jammed. Smith,
big. broad shouldered. lowered over his
wife. She Is simmer than her sister and
has thinner face, but their features are the
same. Their counsel said he would like
20 have an adjournment until tomorrow, az
he hadn't had a chance TO look at the papers.
Mr.. Rand as-ented. Mr.. Limburger added
that he would like 10 inspect the minutes
of the Grand Jury. Judge Foster said that
he could make his motion tomorrow.
When the question OF bail came up Mr..
Rand said.
The conspiracy with which these pco-
PIE are charged resulted in homicide, al
though 90 not say that that Vas its pur-
Tose. These defendants have been tugi-
tiyes from justice They have been hid
ing in foreign countries and In foreign
States. ! ask that hail be fixed at $500
foreach.'
Mr. Limburger protested that It would
b. yruhititive. So far as he knew, he
added the Smiths were charged with writ
i7ga letter 10 Young in an EFFORT 10 get him
o. part with his money.
There il no pretence,- he said, that
Young ever Parted with the money. The
letter urged Young 20 do what was right
Judge Foster didn't give his decision
then, but later in the afternoon be decided
on 5000. Abe Levy. Of counsel for Miss
Patterson was in court He said he would
arraign his client on the conspiracy charge
this morning. And now said Mr.. Levy,
TitTung 70 MIR. kanos ~ marks ABOUT TIE
tosr Mr.. Levy shed at the first trial be-
cause Of. the absence OF the Smiths, my
gnef is assuaged. l will be ready 10 argue
with you 10 -moTrow.'
The rest Of the day Mr.. Rand and Mr.
Caravan spent in going over the trlnkful
Of letters that were taken from the Smiths
In Cincinnati. In all there are said TO be
nearly 5000 lettens. Smith, IL seems, has
saved very letter he ever got, from his
college days on. Even tho tel grams he
reoaived after he vanished about nine
months ago he has saved, After he WAS
taken TO the Tombs yesterday afte moon
Smith said
i never bought the revolver, and / was
never in Storms Uawnshop in my life /
am perfectly willing TO testify and always
have becn'.' In the trunk that was taken
from me in Cincinnati was a statement tell
ing everything | did and naming every
person ! saw on the day the pistol was
bought, Tho District Attorneys Office
has got that statement, and / am glad IL
has
-Thon, II you didn't buy the pistol and
you are innocent OF any wrongdoing. why
did you and your wife leave New York 50
hurriedlyf' Smith WAS asked.
/ have no. answcr TO make TO that, az
anything ! might say might be miscon-
strl"d. ! won't say anything moro except