The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-04-29

against his client
Mns Smith persstently refused to say
whether she and her husband LETT thb CITY
and went TO Hoboksn, and whether or not
she and her husband had taken a long
journey In March. She said that she heard
that HyTnan Stem WIS IN Toronto IN hATch.
She ref used 60 answcr when DIT hand
asked her " she and her husband iett there
when she heard that Stem was there
Mr. Rand showed her letter which she
gaid was I'm her handwriting and asked
her II she knew what the letter 3 lsup-
posed TO refer 10 Stenl meant MT tand
said that the letter was tantamount 10 an
Admission that she and her husband were
concerned in the purchase OF the revolver.
Then Mr. Rand showed her another
letter dated July o. 1904, and asked her
when she wrote II. She declined TO answer.
The Recorder would not admit the letter
as evidence, although Mrs. Smith admitted
that Il was in her handwriting. The letter
was dated Washington, d, c., and was adj
dressed 20 W. A. Adams, st. Lawrence
Hotel, Montreal. In part 1t said.
MRS SMITHS LETTER TO ADAMS.
DEAR GEp. Why do l arglei Isn't II
there than behind the bars? Aren't they
after you now as much as ever
NV STAYING here at home was for the pur-
pose Of reducing our expenses TO min lmum,
thus relieving you OF that at least. You are
10 stay under cover as much as possible until
Won as "A witness or not ! should think they
would have 70, but Ia this case | am not
trusting ny own tuagmdfnt. 9a l vo am oT SIMPLY
Mrs. SMITH.
Going hack to the other letter, Mr., Rand
said
whom 81 in that letter refers would tend
TO degrade and inCrlminate your
Mr. Levy fought against any answer,
but the Recorder directed Mrs. Smith to
reply. ,-,.,,.u,s ,r.u
Mr. Levy made a storm Of objection.
He said the letter should not be referred
to- a. il was not in evidence. II was the
only time in the session that Mrs. Smith
had lost control Of herself. She seemed
puzzled and at a loss what to do, but while
Mr.. Levy was wrangiing with Mr., Rand
she recovered, and when Mr.. Rand asked
her the question again she said:
L was confused when gave that answer.
After that when Mr.. Rand asked her
about the letter she refused To answer.
Mrs Smith said that she had heard that
Stern was in Toronto, and Mr.. Rand asked
her if she knew that Stern was 10 follow
her and her husband when they had been
located This question was ruled out.
Mrs. Smith was tired out hen recess was
taken.
afternoon she was pale, but seemed much
stronger. Mr. Rand again asked her II
she knew about her sisters previous trial
and She said she did Mr. Rand wanted
TO know where she was then, and she refused
TO answer.
Were you witness at the last trial.?
asked Mr. Rand.
NO sir, ! was not.
WAS your hushandf'
No sir
PAwNTICKETs PUT IN EVIDENCE.
II was al this point that Mr.. Rand startled
the defense with his evidence of the jewelry
and pawntiCkets. He first asked Mrs
Smith il her husband was in debt prior to
June 1904, and If he had many creditors.
The witness was not allowed to answer.
Get that bracelet he said to one Of his
assistants A plain gold bracelet was
handed TO him,
Now. Mrs Smith he said, 'Does this
bracelet belong to you?'
Yes sir. IL does, she said.
THANK YOU, very much said Mr.. Rand.
L show you another bracelet. does that
belong 20 your
yes sir, il does.
did you buy them2'
NO, sir, they were a present; they were
given TO me by my mother.
Have you seen them since June, loOi?'
No SIR
Nov. show you two pawntickets. Are
they the tickets for the articlesl'
y cannot say she answered.
win you deny that they are''
Il will not
DO YOU know that these articles were
pawned in LYMAN Stem's pawnshopl'
i do not. l gave the jewelry to my
husband
Hyman Stern's pawnshop?'
Il do not know
AN right persisted Mr.. Rand. That's
all ask you, but don't you know that these
are renewal tickets for articles pawned
in Stems pawnshop on June 81
" - | ha We m that
they are
QUESTIONS WITNESS WOULDN'T ANSWER
Mrs. Smith was worried, and suddenly
MI Rand asked her II she was in Toronto
in 1903 Then he asked her this series Of
questions. all Of which she refused 10 an
swer.
WAS Toronto that you learned
from a Cy,ective that Lyman Stern had
did you leave Toronto because you
and your husband did not want Lyman
Stern to see you?'
isn't it true that You left Toronto after
Hyman Stern had walked into barber
shop and your HUSBAND, J. Morgan smith,
walked out Of the barber shOp?'
Mrs. Smith then said that she had no
reason to fear Lyman Stern and that there
wasn't any reason why she should leave
Toronto beca Use Stern was there.
LEVY PUTS TICKETS IN EVIDENCE.
The pawntickcts NJ 10 that time had
only been marked for Identification. Mr.
Levy asked 10 see them, but Mr.. Rand
wouldn't let him. Thereupon Mr. Levy
said he would consent to their being ad-
mittcd as evidence II he was first allowed
20 look al them. Then after res ding them,
he offered them in evidence and Mr.. Rand
read them to the jury One was for a
ring pawned Oct. :. 1904. for IS, the other
wa s for the bra celets which had been pawned
for 81 on Oct. 20. 1904. The ticket for the
ring was made out 10 Mrs. Smith The
ticket for the bracelets was made out 10
Mr. or Mrs. Smith, Mr.. Rand said he
couldn't tell which
II il understood that the books Of Hvman
Stems pawnshop will show that the tickets
were renewal tickets for the articles which
had been pawncd about a year before.
Mr.. Rand informed the court that he wanted
II understood that he made no claim that
the articles had been pawned on the day
before Young was shot,
Now, said Mr.. Levy, II you are through
with the witness Mr. Rand / would like
20 know it,
i am through % said Mr.. Rand unless
you want o introduce some more evidence
That's all. said Mr. Levy waving Mrs
Smith weak and tired on the stand
Then Mrs. Young was called, and Mr..
Rand asked her IL she had ever had any chill
dren. She said she hadn't.
"GIRL HURGLAR' IN TOWN.