The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1905-04-26
HYMAN STERN DOES
NOT PROVE SMITH
BUYER Of PISTOL
Prosecution in Patter-
sons Trial Fails on
Point.
CASE MOVES ON QUICKLY
DR.. Charles Phelps, Expert
III Pistol Fire Wounds,
Testifles.

Testifles.
NEW YORK, April 26.-Hyman Stern.
the pawnhroker, who, it has been init
mated on q number occasions, had iden-
tilted Smith as the man who purchased
the revolver with which Caesar Young
was killed, failed to identify Smith at
the trial of Nan Patterson this morn
ing He also failed to identify Mrs.
Smith as the woman who was with the
man who purchased the weapon.
Hyman Stern sold the revolver with
which Caesar Young was shot, and 1t
was the contention of the prosecution
that the revolver was sold to ]. Morgan
Smith, the actress brother-in-law. The
State has hence failed in one of the
most important points in the case.
Just before Stein testified, testimony
regarding the handwriting of the actress
was introduced, presumably with the
idea of connecting her and the Smiths
with the purchase of the pistol.
Trial Moving on Quickly.
The trial is moving on quickly to its
end and may be completed by the close
of next week. Large are the crowds
that gather TO get glimpse of the
actress and hear the testimony, but few
get past the officers at the door 1t re-
quires a squad of court officers especial
ly detailed for the purpose to keep the
corridors clear.
When court opened and the Florodora
girl had taken her seat beside her
counsel. the prosecutor ordered the
skeleton to be removed from beside tho
witness chair, and called George H.
Chamberlain to the stand. Chamberlain
comes from Springfield, Mass, and Is
employed by the Smith & Wesson Com
pany in the manufacture of revolvers.
He said that the revolver with which
Young was shot was made by his firm
in 1893. He said that the company had
made only one revoiver with the num-
Der 1850. which number was on the re-
volyer found IN Young's pocket. Cross
exau.ibstioH disclosed that 1nfringements
were often made on the Smith & yVessoa
models with ire firm name stamped or
the barrels
Pistol Expert Testifes.
DR. Charles Phelps. the next witness.
said that ne had been a police surgeon
and had made a study of pistol fire an;i
wounds. He said he had written a book
concerning the subject. DR.. Phelps said
that he had fired with the revolver many
times and at various distances and an
| giles into the material of Young's trous.
ers. The witness said that he had made
an examination of the perforation ~
Youngs coat. Dr. Phelps said that in
his opinion the revolver was held not
/ less than three inches nor more than
| five inches from the coat
| DR.. Phelps identified various pieces of
cloth taken from Ycung's trousers into
which the ahots had been fired With
| these pieces of cloth DR.. Phelps showed
! the jury how he had arrived at the
| opinion that the revolver had been held
/ not less than three nor more than five
inches from Youngs coat These ex-
| hibits were examined by the jurors who
| made comparisons with the perforation
| in Youngs coat, which was passed
among the Jurors. This examination
| took some time. after which DIR. Phelps
! described at length the areas and zones
| of fire scorch and perforations
! There was no cross-examination.
Defense's Objections Sustained.
Mr.. Rand made a hard fight to get
in the Doctors opinion that the mate
rials of the clothes and the tissues OF
| the body could not have DETECTED tn.
bullet il fired within the cab. but objec-
! tions on the part Of the defense were
| sustained.
! Was Crying in Cab.
John Crowley, a cab driver, was call
ed. and testified that his stand was or
125th street. at night. He said that or
the early morning of June he saw the
defendant with Young and Mr.. Luce.
Il was standing on the southeast cor.
ner Of 125th street and Eighth avenue
1 saw the defendant and two men or
the north side of 125th street. One Of
the men whistled and 1 drove over, "a.
did Snyder, who was also driving Il cab
The smaller man of the two asked tn,
lady to get into Snyder's cab, but SHE
| refused to do so. didn't hear any
thing. She backed away from the cab
The smaller man was Young. He tool
her by the arm and told her to get int
my cab. He gave me 81 to drive hel
to the St Paul Hotel"
Did you see Young strike her?'
mo; he just pushed her
Where did you drive?"
ITO st. Paul Hotel. 1t was $3.50 in tn,
morning.
Did you look into the cab on the way
| to the hotel?'
Yes. The woman had a handker
chief to her eyes"
Was she sobbing?"
Yes She was crying
Young Smacked Defendant.
On crcss-eXamination Crowley saic
that Young smaeked the defendant tina
night and said to her:
Get In the cab. or I'll knock you,
- head eff
| WAS the man drunk?' asked Levy.
HE was" replied Crowley.
Albert Snyder, another cabman. cor
roborated much of Crowleys TESTIMONY
He said he took Luce and Young hom
that night. He said that he did not Sc
Young strike the defendant and tha
Luce and Young, SO far as he could see
| Continued on Second Page.)