The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1905-04-29
DEFENSE RESTS;
CASE NEAR END I. | D
Attorneys for Nan Patterson
Declare State Has Not Made
Charge Good.
ARGUMENT BEGINS MONDAY
Girl Almost Collapsed During
Testimony Of Sistcr--Lct-
ter Ruled Out.
ARGUMENT BEGINS MONDAY
nv, \ ..oc,.t.d pre,..,

tfsy6 Associated Press.)
NEW YORK. April 2s.--After a day OF
interesting developments, both the prose-
cution and the defense rested the case
OF Nan Patterson. The prosecution fin-,
ished Just before the adjournment OF the
court, and later Attorney ORellly, Of
counsel for Miss Patterson. notified the
prosecution that his side would submit no
defense, and would rest, on the conten-
ton that the State had failed to make
out any case against the defendant.
This plan las been under consdera-
ton for some days. but was only de-.
cided upon at q conference to-day be-
tween the counsel for tho defense and
Nan Patterson and her aged father. The
decision means. the speedy conclusion OF
the young woman's third trial for tho
sensational tragedy on West Broadway.
4 When tho case is called Monday. 10 which
sIstant District Attorney Rand will inn
Y mediatcly begin the summing UP OF the
case OF the State. Y
The Day in Court.
Besides this. the succession OF events.
which marked tosday's proceedings. i'll,
cludcd the courts denial Of a motion to
dismiss the Indictment; the testimony OF
d the prisoners sister, Mrs. 4 J. Morgan
Y emith. in which she made some inter-,
esting statements, but stood on her right
q to refuse to answer questions on the
ground that the answers might incriml-
nate herr Mr.. Rand g promise to quasli
4 the conspiracy indictments against Mrs.
smittlSif she would answer Ills questions
and the protest OF the counsel OF the de-
tense to the court that Mr.. Rand's mer-3
4 CHESS method OF questioning was bad. :
& gering the witness and the rejection
again by the court OF the much quo ted
1 letter Of Mrs. Smith to Young bespeakinS
Il fear as to the consequence II Young did
not see her sister. VIZ
The contention OF the defense in nov
4 ing 10 take the case from the jury and
to dismiss the Indictment was that the
conspiracy accusation charge had been
practically abandoned: that the prosecu-.
ton had failed to prove that J. Morgan,
Z Smith bought the revolver which caused.
Z Youngs death; that the case was cir
s cumstantial. and that the testimony of
DIR. O'Iianlon, Higgins and Phelps indf-9
Gated suicide rather than murder. The
prosecution replied that It mad proved
the fact OF the crime: that the case
should go to the jury on the character Of
the wound that could not have been self
inflicted: that 1t had proved Smith was in
the Pawn broker Sterns shop the day tho
z evolver was bought. and that the prose-
c,1tion had not expected the paW'nbrokar
to make identifcations. The court In
structed the Jury that In its decision. the
ruling on law points, should not be to the
prtudice of the defendant
Testimony Of Mrs. Smith.
Mrs. J.. Morgan Smith identified ring,
and bracelet as her property pawned
by her husband In Pawnbroker stern's
of 10 oil 11nr
admit that they were pledged June Sd !,
! failed Mr. Rand tried to bring out that
she and her husband were In New York.
on June Sth last, when the prosecution
y was searching for them. but the witness
declined to answer on the ground that-tt
might incriminate or degrade her. MI.
q Rand repeated his promise to quash the
Indictment IL sho would answer Dues
tons. The witness said several times she
would stick to her sister. Mrs. Smith
denied that Leslie Coggins had told her
4 that the best thing Nan could do was
to marry Matthew Trimble, OF. Washing
{ ton. Referring to the note sent by the
witness to Young that unless she saw
Y Nan, she could not answer for the consc-7
Is quences, the witness said that Miss Pat
terson.s emotions at that time were
caused by Coggins, who misrcpresented
Young's marriage intentions toward her.
She said Nan refused to believe the story
Il told by Coggins and was disappointed
at the postponcment of marriage to
3 young. The witness declared. however,
that her sister had said nothing Of her
future Intentions or what she would
do and was not responsible for the much
Z quoted letter. "a 4.
The court again to-day refused to ad-
4 nit in evidence this intercepted letter.
Il Mr.. Rand asked numerous questions tend
Ing to show tho Smiths were fleeing from
stern during their disappearance from
New York, but tho witness declined to
answer that they:left any cities on his
account, though admitting she had hear
he was In one OF the cities, which they
left suddenly
q Almost Frustrated.
The ordeal in the courtroom to-day
/. proved almost too much for Nan Patter-
son. The resolute manner in which Mrs.
Smith refused to answer questions put to
X her BY the prosecuting attorney and her
declaration that she would stick to her
sister, affected the prisoner deeply and
she was near q breakdown when the
luncheon adjournment was announced,
Mrs. Smith appeared to be unstrung
as a result Of her experience as well and
the two women spent the recess IN their