The daily morning journal and courier., 1905-05-13

 ous Miscarriage of Justice--Another
 Instance of Trial by Newspapers In
 stead of by Jury-One Paper Fur
 nished Miss Patterson Money to Pay
 smiths Fine for Contempt.
 Aftermore than eleven months in prfs- on, and three nis-triais on the charge ofmurdering Caesar Young, Nan Pat terson walked from the Tombs to-day free woman. As she left the great building which has bzen her home since few days after Young was found dy- ing in a cab in lower New York, 1000 people greeted her with cheers, for the news that District Attorney Jerome would move for her dismissal from cus- tody had spread throughout the vicinity of the prison and court house. The ac- cused girl had but few seconds to see and hear the demonstration before she was wlrisked away in cab with her attorney, Abraham Levy.
 The move to discharge Nan Patterson came rather unexpectedly to the pubic. i It was an hour or more before noon when District Attorney Jerome appear i ed before Recorder Golf, in special ses- sions and announced that he desired to move the discharge of the former chor- us girl, on her own recognizances. Not the least interesting of the days events was the re-union in freedom of the former actress with her sister, Mrs. J. Morgan Smith, and her brother-in-law, J. Morgan Smith, both of whom were discharged by Justice Cowing in the court of general sessions. They had been held on charges of conspiracy in connection with the Patterson case. Smith had been held also in contempt of court, in failing to obey a subpoena as a witness before the grand jury. He { was fined s250 on this charge Then came surprise, for Nan Patterson her, self paid the fine out of a $500 check, which had been given her by a friendly newspaper.
 District Attorney Jerome announced his decision to free Nan Patterson in a speech, in the course of which he de- clared that during two of the trials of the girl, all the evidence in the possess sion of the district attorneys office had been presented to the court, and that on both cases there had been a ddsa- greement. H said that he did not be- ]. lieVe that at this time, in this county. another trial would result in anything ele than q disa greemerlt. He said that he had information that the members of 5 the last jury had agreed that J. Nor gan Smith had bought the revolver; that Nan Patterson carried it in the cab and that Caesar Young did not con,- init suicide. He took occasion to refute published reports as to the cost of the proceedings. Following this line he de Aclared that the newspapers had made gross misrepresentations, and then said: This case has caused one more step in this county toward trial by l newspapers rather than trial by Jury. ] A do not refer to those papers which have mereley reported the proceedings, but { to those that in their editorial rooms l have labored to arouse sympathy for \ the prisoner with the result of seri- ous miscarriage of justice. Everything that the prosecution has done has my cordial and hearty approbation. fear l nothing for myself or my assistants. j My assistant did rightly, bravely, hon. I estly and went forward with my entire I appreciation.
 The district attorney concluded with the motion that Nan Patterson be dis q charged on her own reeogniEance It was then that Miss Patterson was sent 5 for, and as court officer met her in her cell he said: Come on, Nan. Il Iis all right; you are going to be free.''
 Recorder Golf, the venerable judge who has tried so many famous crim. q inal cases. met the eyes of the girl as she walked slowly into the court room and took the same seat which she oc- cupied during the trying days of her last trial.
 Man Patterson, he said slowly the tiistrict attorney has seen fit to recon- mend your discharge. I feel bound to say fully coincide in the decision. There is nothing I can say in this case that has not already been said. but let me entreat you in your future life to remember the terrible ordeal through which you have passed and to permit every action of your life to be guided by that remembrance. Good bye, and the recorded bowed his head as he ut ltered the final word and closed the case.
 A moment later the girl was shaking hands with her counsel. Then she walked steadily from the court to find
 herself in the arms of her father just outside the door.
 l The crowds in the corridor cheered and the police let them have their way
 As she reached the street door the demonstration was taken up by a Ithrong outside. Hurrying through the
 crowd. she took her place in cab
 smiling and nodding to the greetings hurled at her.
 As the cab started down town to the offices of her counsel mounted police surrounded it and kept back the in. creasing crowd which was threatening
 one of the most remarkable demonstra- tions ever seen at the Tombs.
 In Mr. Levy's office Miss Patterson briefly expressed her thanks to he1 counsel, announced to the newspaper men she was going to her mother ir
 Washington and was driven to the St