Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-04-29
EVIDENCE ALL IN NOW
NO WITNESSES TO BE CALLED IN
PATTERSON DEFENSE.
Yesterdays Disclosures Regarded Bad
for the misunderstanding Up
of Case Monday.

Nan Patterson, through her counsel, has
decided to leave her fate with the jury with
out making any defense to the charge
trat on the morning of June last she muir
dered Bookmaker Caesar Young in a cab.
This decision was arrived at yesterday
afternoon in New York, after The Stars
report closed, after the prosecution had put
in it's case and after lot of new evidence,
considered to be very damaging to the
chorus girl, had been introduced.
From the prosecutions standpoint the
principal witness against the prisoner was
her sister, Mrs. Julia Smith, the wife of j.
Morgan Smith. Three pieces of jewelry,
two of which had been given to her by
her mother Mrs. Smith identified as be-
longing TO her.
Pawn tickets were admitted in evidence
showing that the jewelry had been pawned
in Hyman Stern's pawnshop where the
revolver was bought on June 3, the day be-
fore Young was killed. Mrs. Smith swore
that she had given the jewelry to her hus-
band to pawn. but that she didn't know
where he had pledged it.
The Tell-Tale Pawn Tickets.
The pawn tickets were dated October g.
1904. and by number of questions AS
sistant District Attorney Rand tried to
show that they We're renewal tickets. 1t
was not cOntended by Mr.. Rand that the
jewelry had been pawned the day before
the shooting, although in a series of ques-
lions in an attempt TO confuse Mrs. Smith
he asked her if she didn't know that the
jewelry had been pawned on that day
When Mr.. Levy demanded of Mr.. Rand to
produce any pawn tickets dated June 3,
Mr.. Rand admitted that he had none.
All this testimony was brought out after
Mr.. Rand had promised Mrs. Smith TO free
her from the indictment for conspiracy
if she would answer his questions about
what happened after shS and her husband
left this city soon after Young killed
and a day or two before Nan Patterson
indicted.
The prosecution rested its case late yes
terday afternoon. The clerk employed by
Lyman Stern, the pawnbroker, who, it was
expected, would go on the stand to at
tempt 10 Identify J. Morgan Smith as the
purchaser Of the revolver with which Young
was killed, was not called by the prosecu-
ton.
motion by Miss Pattersons counsel
that the case be taken from the jury and
the Indictment against her dismissed was
denied by Recorder Golf after exhaustive
arguments by both the defense and the
prosecution.
Contention of Defense for Dismissal.
In his argument for the dismissal of the
| Indictment Attorney Unger of counsel for
| the defense contended that the conspiracy
accusation had practically been abandoned
| by the prosecution, which had failed to
| prove that J. Morgan Smith was the pur-
| chaser of the revolver. He further asserted
| that. the case admittedly one of
| circumstantial evidence. the testimony of
| Drs. O'Hanlon, Higgins and Phelps indi-
Gated suicide rather than murder
Replying to the argument Assistant Dis
| trict Attorney Rand contended that the IA
OF the crime had been proved beyond all
question of doubt, and even If nothing was
| known of the relations of the defendant
| and Young, and of her threats against
Young. the case ought to be submitted to
| the jury on the character of the wound.
| which could not have been self-inhicted
| He insisted that he had proven beyond all
doubt that Smith was in Stern's pawnshop
| on June 3, 1904 the day the revolver was
| sold. He had not expected the pawnbroker
TO identify Smith. as a man In that sort of
/ business was reluctant to make identifica-
| tons.
| In denying the motion of the defense
| Recorder Goff told the jury that his ruling
! on the law points should not be considered
| by them TO the prejudice of the defendant.
Lawyer Daniel j. OReiiy, for Nan Pat
| terson, late yesterday announced to Assist
| ant District Attorney Rand, who has been
conducting the states case, that he would
put in no defense in the trial. resting on
| the claim that the state had failed to make
1 out any against the girl. This will re-
| suit in the summing up of the case by Mr..
Il a nd yvh a Ga co Ia m