The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1905-04-27
EVIDENCE IN DETAIL.
Crowd of Spectators Expected Ora
matte Scene.

Crowd of Spectators Expected Ora
matte Scene.
New York. April 26.-It was expected
that tn prosecution i'm the Nan Pat
terson trial would play what they be-
lieve 10 be their trump card today.
From the time the former show-girl
first was placed in a cell in the Tombs
charged with the murder of Caesar
Young. the pros cutiOn has claimed
that the presence in court of J. Morgan
Smith, the prisoners brother-m-la
would convict the girl of murder. When
Smith fled before the first trial they
bewailed his absence and declared that
only his presence was necessary TO per
NIT them TO put in evidence which
would result i'm conviction beyond
dOuot. Failure TO reach an agreement
al that trial they prOfessed to believe,
was almost entirely due 70 the fact
that Smith had not been found
Search Cost $4,000.
Through all the months there
was a c=aseless search for the
missing witness. and it is said
that nearly $4,000 was spent by
the district attorneys department in
the search for the Smiths. 1t is be
lieved that the real reason for bringing
him back 10 New York was that Smith
might be confronted with Stern, the
pawnbrOker who sold the revolver with
/
tiOn claims that the revolver was pur-
chased from Stern by J. Morgan Smith
lzss than twenty-fOur hours before the
tragedy in the cab This is fatty de-
MED by the defense and at the last
trial LAWYER Levy. Miss Pattersou's
counsel, told the jury that he wished
to God that It was within the power
of the Tense to produce this witness
Was Not Conclusive.
stern. the pavnbroker. already has
confronted Smith since the latter was
brought back TO New York, but
whether he was able to identify him as
the purchaser of the TcVOlv T has, not
been made known TO the public. The
only intimatiOn on this point. which
was given by Stern himself was not
conclusive Before going to the room
where he was 10 meet the returned
witness, stern said he was not sure
that he could identify Smith positively
When he came out few minutes later
ne remarked. What / said still go IS
Since that time he has declined to
make any statement whatever regard
ing the case
ii was believed. however, that the
tyyn men would face each other in the
open court and "A most dramatic scene
was expected.
skeleton on Hand.
The skeleton which played so promi-
ueut a part in yesterdays proceedings
was still dangling beside the witness
chair when Miss Patterson came into
the court room today. It was quickly
removed by order of Recorder Con,
however.
The first witness today was a repre-
sentative of a we'll known arms manu-
featuring company who identified the
revolver which has figured in the case
as "A weapon made by his company. He
was followed By DR.. Charles Phelps, Of
the board of police surgeons, an expert
on pistol shot wounds.
Experts Pistol Practice.
The prosecution succeeded through
DIT Phelps testimony I'm getting in some
evidence which WAS ruled out by Su-
premc Court Justice Davis At the last
trial. The witness told of experiments
he had made with the weapon which is
alleged 20 have caused Young's death,
after Recorder GOff had OVeTTuled Mr.
I.eVy's objection. and then produced
pieces of cloth which he had used in
the tests. These samples were similar
to the fabric Of which Youngs coat
was made. and the witness had fired
experimental shots through them. DR.
Phelps said that after an examination
OF Young's coat he had reached the
conclusion that the muZzle Of the re-
volver was held not less than three nor
more than five inches away from the
garment when the shot was fired. The
pieces of cloth which Mr.. Rand said
were offered "for illustration only
were handed to the jurors for COMPARE
son with the burns on YOungs coat
DR.. Phelps explained in detail the diff
ference shown by the samples. The
pieces against which the revolver had
been held showed considerable scOrCn-
ing around the perforations made by
the bullet. while those from which the
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