Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1905-04-28
OFFERED TO QUASH INDICTMENT
II She Would Tell.--Sld She Feared
Ii Would Degrade and In.
crjminate Her
SHE DECLINED A SECOND TIME.
Did This Even After Recorder Golf
Had Directed Her TO Make
A Reply,

New York, April 2S.--The story told
by Mrs, j, Morgan Smith ON the Wit
ness stand yesterday afternoon and the
prospect of her cross examination by
counsel for the defense today served
TO intensity interest in the case Of Nan
Patterson, who is now on trial IN the
court OF general sessions, charged with
the murder OF Caesar Young, The APP
pearance Of Mrs. Smith as a witness
for the prosecution came IN the nature,
of a surprise to the defense, Mr., Levy
las said, lie professed 10 be very well
satisfied with the move, however and
said that examination Of the Wit
ness would Gfford him an opportunity
to place before the jury evidence which
could not be produced i'm any other way.
He also believes, he said, that the di-
rect testimony Of Mrs, Smith has only
served to strengthen the case Of the
prisoner, as 1t supports in many inn
portant details the testimony given by
Miss Patterson herself at the last trial,
a portion Of which was read to the
jury yesterday,
In the course OF his examination, Mr.,
Rand asked Mrs. Smith IL she had
possessed all the information she has
testified TO in this trial all the time
since she left New York last June. Mrs.
Smith replied that she would like to
answer that question, but feared It
would tend 10 degrade and incriminate
her as she is under indictment for con-
sriracN
PROSECUTIONS PROMISE
Tho prosecution then promised that
II she would answer he would move
next Monday to Quash the indictment
against heE~but she declined to do So
until she had an opportunity TO consult
her counsel
After she had consulted with her
counsel Mrs. Smith declined 20 answer
the question. II must stick to my
sister she told the prosecuting at
tornoy as she resumed the stand.
And you refuse to answer not
withstandiug my promise IN open court
10 have the indictment against you
quashed?' asked Mr. Rand.
II do"
Again. j ask, were you in New York
on June S|'
u decline TO answer because my posi-
tion might tend to degrade and in
Crlminate me. ~
Recorder Con- directed the witness to
answer the question saying that 1t
called for an answer She still de-
clined To do so, saying
II must stick TO my sister
win you answer II the indictment
for conspiracy on which you are held
is dismissed now" broke I'm Mr. Rand
No replied the witness,
DIRECT EXAMINATION RESUMED
The direct examination Of Mrs. Smith,
which was not completed yesterday
was resumed today Mrs, Smith testi-
Ned yesterday that Miss Patterson had
expected Caesar Young to get "A di-
yorce from his wife and marry her She.
herself believed that Young intended
eventually 10 marry her sister until last
May when Leslie Coggius told her
that Young did not intend TO carry out
the agreement. Miss Patterson be-
came greatly excited when Coggns'
statement was repeated to her Mrs,
Smith said.
Taking up the examination whore II
was interrupted by the adjournment
last night, Mr.. Rand asked
Did not Cogglns tell you that the
hest thing Young thought Nan could
do was to accept Matt Trimble's offer
OF marrlage?'
he did not say anything like that
10 me- replied Mrs, Smith,
did Miss Patterson say that the
cause Of her emotion was that Cog
gins had misrepresented Houng's in
tentiuns toward herr"
She did not say 50 in those words,
but | knew IT,"
NAN DIDN'T BELIEVE IT.
Mrs, Smith said Nan refused to he
lieve the story told by Coggins. She
was excited, the witness said, because
she wasd isappointed at the postpone
ment Of her marriage 70 Young.
she did not say anything about her
future Intentions
NO"
she did not tell you what she was
going to do?'
No"
And yet you described her as fran.
tic and desperate"
Yes"
when you wrote the letter to Young,
were you in state of feeling brought
on by what Nan had told your
Yes, my sister is not responsible for
that letter."
Did that letter represent truthfully
the state Of your mindy'
1T did"
Did It represent Mans state Of
mindg"
This question was not answered
Mr.. Rand here offered the intercepted
letter which Mrs Smith sent to Young
which was ruled out yesterday ana
again It was rejected by Recorder Goit
Mrs. Smith said that when Miss
Patterson procured a divorce from her
husband all her expenses I'm the pro-
ceedngs We're paid by Young, The
witness detailed the movements Of
herself and husband and Miss Patter-
son on June /, the day before Young's
death. They went to the races where
they saw Young and returned TO their
apartments In New York about Z D. m,
Did you and your husband visit
Sterns pawn shop that night" asked
Mr.. Rand.
We did not" the witness answered.
The witness described the movements
OF the trio that evening and OF the In
structlons Nan gave TO the telephone
operator In case Caesar Young called
Tor her before going to Healey's restau-
rant. She also told about Mans go