Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1905-04-29
Counsel for Defense Gives Notice
That His Side Would Submit
No Testimony,
CONTENDS STATE HAS FAILED.
Means SPEEDY Conclusion of THIRD
Trial of Woman Accused Of Muir.
dering Caesar Young

New York, April 2S--After a day Of
interesting developments both the pros
ocution and the defense rested In the
case Of Nan Patterson, indicted for the
alleged murder Of Caesar Young, the
wealthy bookmaker, almost year ago.
The prosecution finished its ease just
before the adjournment Of the court
and later Atty, O'Reilly OF counsel for
Miss Patterson notified the prosecution
that his side would submit no defense
and would rest on the contention that
tho state had failed to make any case
against the defendant The plan had
been under consideration for some days
but was only decided upon at con-
ference today between the counsel for
Nan Patterson and her aged father
The decision means the speedy cOnclu.
sion Of the young woman's third trial
for the sensational tragedy on West
Broadway.
when the case IS called Monday, 10
which date the trial was adjourned to-
day Asst Dist. Atty. Rand viii i'm
mediately begin summing up the case
Of the state. Besides this the success
sion Of events which marked tOdays
proceedings included the courts de-
NAL Of motion to dismiss the indict-
ment, the testimony Of the prisoners
sister Mrs. j. Morgan Smith, I'm which
she made some interesting statements.
but stood on her right to refuse to an
swer questions on the ground that the
answers might incriminato her; MIR.
Rand's promise TO quash the conspiracy
Indictments against Mrs. Smith IL she
would answer his questions. and the
n-ptngt 90 hp Of 10
tho court that Mr. Raud's morciless
method Of questioning was "badgcring
the witness and the rejection again
by the court OF the much quoted let.
ter Of Mrs, Smith to Young expressing
Tear as to the consequences II Young
did not see her sister
In his argument for dismissal Of the
indictment, Atty, UngeT OF counsel for
the defense, contendcd that the con-
spiracy accusation had practically
been abandoned by the prosecution,
which had failed 10 prove that j. Nor
gan Smith was the purchaser Of tho
revolver He further claimed that. as
the case was admittedly one Of cir
cumstantial evidence, the testimony Of
Doctors O'Hanlon. higgins and Phelps
indicated suicide rather than murder,
Replying to the argument Asst DIST.
Atty. Rand contendcd that the fact of
the crime had been proved beyond all
question Of doubt, and, even II nothing
was known OF the relations of the de-
PENDANT with Young and Of her threats
against Young, tho case ought TO bc
submitted To the jury on the character
OF the wound, which could not have
been self-innictcd lie 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 pawn
broker to Identify Smith, as man
I'm that sort Of business was reluctant
10 make identifcatiOns In denying
the motion Of the defense, Recorder
Cor told the jury that his ruling ON
the law points should not be considered
by them to the prejudice Of the defend.
ant.
At story to the effect that Miss Pat.
terson and her sister quarreled in the
Tombs last night over the testimony
given by Mrs Smih was denied by
their father John Randolph Patterson,
Today In doing so he said
y am thankful TO say that my daugh
ters are devoted sisters, and even If
they were not, there would be no oc-
casion for them TO quarrel now, when
mere Is so much reason for them to
help each other feel free to say that
either would be glad to sacrifice any,
thlng for the other"