The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1905-04-28

Il: the prosecution of Nan Patterson.
who IS on trial charged with shooting
Caesar Young was reached today.
when Hyman Stern. the Dawnbroker.
failed TO identify ]. Morgan Smith as
the man to whom he sold the pistol
with which Young was killed. This
feature had been looked forward to
with much anticipation and was ex-
Dcctcd to make somewhat of a sem
sation. On the contrary. however. it
caused but a ripple of comment and
surprise in the court room although
It -Yas the dramatic moment of the
trial. Stern also failed to identify Nan
Patterson or Mrs. Smith as the wom
an who accompanied the man that
purchased the revolver. Smith had
been brought from Jail to confront
Stern and after the latter's testimony
Smith was taken back to the tOrbs.
l2iotOEs scenes attended the open
ing of the court room for the after
moor session. Women and men fought
to get past the police. Several women
tainted and many had their dresses
torn.
Patterson followed the testimony with
more intense interest than on previous
DAYS. and when adjournment was an
nCunced, she careSsed her father and
remarked:
4 think this has been good day
for me-"
Prosecutor Rand announced that by
noon tomorrow the state would close
its case. Abraham Levy. senior coun-
sci for the defense will then ask for
an adjournment for the day. and If it
is granted the opening speech for :he
defense will be made by Henry w.
Unger. on Friday.
When Stern went on the Stand
Smith and his wife were brought be
fore him. The DaWnbroker told the
story Of the purchase of the weapon
ana identified the pistol as the one he
had disposed of.
Turning toward Nan Patterson AS
sistant District Attorney Rand said: .
Look at the defendant. Don't YOU
remember the lady who accompanied
the man who bought the revolver:
DC YOU recognize the defendant as
The one?"
Il cannot say that she was ans
wered Mr.. Stern.
..Lnok at Mrs Smith. Was she the
nue7"
L cannot say that she was"
Now look at J. Morgan Smith.
Can YOU say to the best Of your ludS
men. that Mr.. Smith resembles the
man who purchased the revolver from
YOU 80
Abraham Levy. the defendants
counsel. iumned to his feet with an
objection.
sWhy can't he ask?" he shouted.
Us this the man that bought the. re-
vOlver?"
Recorder Gcft sustained, his oblec-
ti0n.
Mr.. Pand then changed the form Of
the question saving:
Us Mr.. Smith the man who p"r-
chased the revOlVer?
Mr.. Stern replied
Il cannot say that he is
The prosecution succeeded through
the testimony of Or. Charles Phelps
an expert on pistol wounds IN EeIt,l5
in some evidence which was ruled
ort by Supreme Court Justice DAVIS
at the last trial. The witness told -
eXrariments he had made With the
weapon which is alleged to have
caused Young'S death after Recorder
Gcff had ovcrruled Mr.. Jews oh1ec-
tiOns and then produced pieces OF
cloth which he had used in the tests
These samples were similar to the
fa!.ric of which YoungS coat was
made and the witness had fired expo
rimental shots through them Or
PEelDS SAID Inot a1ter an eXi11nIIidtI'i
of Yong'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 awav 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 FOL
comparison with the burns or
Young's coat DR.. Phelps explained
in detail The difference shown by thu
samples. The pieces against which
the revolver had been held shovel
considerable scorching around tn.
perforations made by the bullet whil'
: those from which the revolver ha'
= been held from to inches Shove.
q smaller area of scorchinc and les
smudse corresponding closely to tl,'
burns on Young's coat. The witnes
was not cross examined.
joseph Hewitt. Jr.. a newsb"y. de
-scribed a scene which he said hewitt
messed in front of a cafe in ColumbH