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

V,istol. and that evidence had not been sub
fnlttsd 10 show that tho prisoner killed
Young.
In answering this argument, Mr.. Rand
eaid. that the manner In which Young had
been killed was In itself enough 20 submit
the case 10 the jury. II was a question, no
eaid, OF whether the man or the woman
fred the pistol.
Il did not state that would prove that J.
Morgan Smith bought the pistol. Mr. 'hand
said Il knew what Hyman Stern would
testify 10 when l put him on the stand
But don't believe that there h person
within the hearing Of my voice who doubts
that j. Morgan Smith bought that pistol,
and am far from yielding that branch OF
the case. Either this defendant or her
paramour bought that pistol, and II Is
question for the jury 10 decide.
kaoorder Cloff denied the motion with
out any comment. Then Mr.. Levy asked
for an adjournment until Monday morn,
ing. MT. Rand wanted 1t stipulated
whether or not MFR. Levy intended making
. defenss.
DECIDE TO MAKE NO DEFENSE.
Mr.. Levy begged for time until the Re-
oorier announced that II he didn't make
a deoision az once, he would hold court
to-day. Mr.. Levy said that II was ms
Sunday, but that didn't move the Recorder
Who finally suggested that the prisoners
counsel get toget her for an hour and de,
eide. The Recorder adjourned court ana
Messrs. Levy. Unger, O'Reilly, Rand ana
Garvan moved over TO the corner IN Ine
nom. ~ l.
fense went over TO the Tombs where they
had a ten minutes conference. WITH NAN
Patterson. her father, j. Randolph Patter~
son; Mns. Julia Smith and j. Morgan ouhln.
AT the end OF the conference, MT levy
announced that no defense would NJ Ihaoo,
and that he would begin summing up at
1850 O'Clock on MONDAY morning Nan
Patterson said: .,.
Il feel that a. TO the outcome II IS rosy
MY sister did nothing and would 90 noun
ing TO hurt me-. ..,...
said Mr.. Levy. mo case has been made out
AGAINST my client
When Mrs Smith took TIE stand at lne
opening 81 yesterdays session, s1e was
MI. Rand = witness, but before lhe dly was
over. Mr.. Levy had made her his ana inns
gave Mr.. Rand chance to crosse A IA L.s
her As result, the testimony Nhich was
considered damaging TO the chorus glII
soNS NJ ," Rand first asked Mns Smith il after
the visit of Leslie Coggins, who got the cry
baby letter from the prisoner she dldn
aav comet hing to her sister about Whdl
CoRgins-kaid. Mrs. Smith denied mat sue
had Mrs. Smith repeated that her sister
didn't believe Coggins was telling the truth.
sAnd that was the reason your SISTER
was so wild on the night OF May 81 salu
There were two causes the witness re-
piled -she was disappointed AZ me post
Ponement OF !he marriage ai'% Ueo,''Se
Coggins had misrepresented MT Young
ibid Nan say anything about dong any
thing 10 herself OF Mr.. Noungf
No, she did not -
sDid she say anything about what the
consequence would be unless Young made
good his marriage promise?' asked Mr..
Rand. Mrs. Smith fdgeted and after
long pause answered, NO
Mrs. Smith said that at no time did the
defendant say anything about what the
consequences to Young might be Then
Mr.. Rand asked her alb out the Dear Nunc'
letter, and wanted to know II she had writ
len to Young that unless he saw her (Mrs.
Smith) she couldn't assume any response
bility.
meas. in answer to my feelings after hearing
what Mr.. Coggins bad said, and what my
sister had said to me.
Didn't you write that letter as the result
Of the state Of feelings Of Whist your sister
had told your"
Again Mrs. Smith parried the question,
and MIR Rand put II In this form:
did you write that letter, and did il
represent your state OF feeling as the re-
Mrs Smith tried in every way 70 avoid
giving a definite answer. The Recorder
directed her to answer and she said AS l
recolleCt it, yes"
QUESTIONED ABOUT YoUHo's LETTERS.
Mr.. Rand then asked her about the hun
dre1-Odd letters written by Young TO Nan
Patterson, which, she had said she had
cent to Mr.. Levy. These Letters, Mrs.
Smith testified, we're taken from Nan Patter-
sons writing desk in Mrs. Smiths rooms
at the 81. Paul Hotel. After Mrs Smith
aGain testified that she had written the
Dear Nunc- letter. Mr. Rlnd attempie ed
to have it introduced in evidence, hut II
was ruled out.
Mr.. LEWIS examination Of the witness
was very brief. She said that on the morn
ing Of June she got up about II o clock
and with her husband went TO he race
track They stayed az the racetrack all
day, and got hack 10 tie Thirty-fourth
street ferry about Gl5 O'Clock that night.
There had been an accident at the ferry,
she said. and an ambulance was waiting
From the ferry she and her husband went
20 their apartments at the ST. Paul Hotel
There got there about O'Clock
BOUGHT 40 PISTOL, MRs. SMITH SAYS.
did you visit any pawushop on that
day, you and your hushand?"
NO, sir, We did not"
did you purchase pistol on that day2'
@No, sir, we did not
Did you visit Stems pawnshop on that
day. Observation-Disclosures,
positively.
About O'Clock that night. she continued,
abe and her husband went TO Healy's restau
rant, at SiXty-siXth street and Columbus
avenue Nan Patterson accompanied them
Before lea wing the hotel Nan Patterson
told the clerk that II a telephone message
from Young came for her to say that she
was at Healy's, but II any one else called
20 say that she was out.
The trio returned 70 the hotel about $50
O'clock and Nan Patterson was informed
that Caesar Young had called her up and
that he had been told that she was az Healy's
restaurant. Then J. Morgan Smith and
the prisoner went 20 the restaurant. When
they returned to the hotel they said that
Young had telephoned TO the restaurant
and left word that II Miss Patterson called
20 tell her 10 stay at the ST. Paul until he
called her again. The telephone message
from Young came about Il 30 O'Clock, and
Nan Patterson went out This was all in
corroboration Of Nan Patterson's story OF
what happened on that night,
When Nan Patterson returned to the 81
Paul Hotel between 8 and O'Clock the next
morning, Mrs. Smith said that she was
calm and normal, but didn't look partiou-
larly happy.
"She told me she had said good-by to
O8sar Young" testified Mrs Smith
A IL ~. -