The news & observer., 1905-04-27
A FLABBY CLIMAX
IN TRIAL Of NAN
Stern Fails to Recognize
the Smiths.
DAYIFOR NE
This is the Remark of the Show Girl
Afterwards. Morbid Females Get
Roughly Used in an Attempt
to See This Rose of
Notoriety.
DAYiFOR NE
(By Associated Press }

(By Associated Press.)
New York April 26.-The climax
in the prosecution of Nan Patterson,
ing Caesar Young, was reached today,
when Hyman Stern, the pawnbroker
failed to identify J. Morgan Smith
as the man to whom he sold the pis-
tol with which Young was killed. This
feature had been looked forward to
with much anticipation and was ex-
pected to make somewhat of sensa-
ton. On the contrary, however, it
caused but a ripple of comment and
surprise in the court room although
it was the dramatic moment of the
trial.
Stern also failed to identify Nan
Patterson or Mrs. Smith as the Wo-
man 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 pack to the Tombs.
Riotous scenes attended the open
ing of the court room for the after
noon session. Women and men fought
to get past the police Several wo
men tainted and many had their dres
ses torn.
Throughout the entire day Nan Pat
terson followed the testimony with
more intense interest than on previ-
Gus days, and when adjournment was
announced. she caressed her father
and remarked:
II think this has been a good day
for me-"
Prosecutor Rand announced that
by noon tomorrow the state would
close its case. Abraham Levy, senior
counsel will then ask for adjourn
ment for the day and if it is granted
the opening speech for the defense
will be made by Henry w. Huger, on
Friday.
Stern on the Stand.
When Stern went on the stand and
his wife was brought before him,
the pawnbroller told the story of the
purchase of the weapon, and iden-
titled 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?
Do you recognize the defendant as
the one?"
II cannot say that she was" an
swered Stern.
Look at Mrs. Smith, was she the
one?"
II cannot say that she was
''Now look at j. Morgan Smith, can
you say to the best of your judgment
that Mr.. Smith resembles the man
who purchased the revolver from
you?"
Abraham Levy, the defendants
counsel, jumped to his feet with an
objection.
why can't he ask" he shouted,
'is this the man that bought the re-
volver?"
Recorder Goff sustained his objec-
ton.
Mr.. Rand then changed the form
of the question saying:
''Is Mr.. Smith the man who pur
chased the revolver"
Mr.. Stern replied:
II cannot say that he is
New Evidence Admitted. 8
The prosecution succeeded through
the testimony of DR.. Charles Phelps,
an expert on pistol wounds in getting
some evidence which was ruled out
by Supreme Court Justice Davis at the
last trial. The witness told of expert
ments he had made with the weapon
which is alleged to have caused
Youngs death after Recorder Goff
and then produced pieces of cloth
which he had used in the tests. These
samples were similar to the fabric of
which YOung'S 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 revolver 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 Of
fered ''for illustration only were
handed to the jurors for comparison
with the burns on Young's coat. Dir.
Phelps explained in detail the differ
ence shown by the sample. The
pieces against which the revolver had
been held showed considerable scOrch-
ing around the perforations made by
the bullet while those from which the
revolver had been held from 3 to
inches showed a smaller area of
scorching and less smudge, corre-
spending closely to the burns on
Young'S coat. The witness was not
cross Examined.
A Slap in the Face.
Joseph Hewitt. Jr.. neWsboy, de-
scribed a scene which he said he wit
messed in front of a cafe in Columbus
Circle on the evening before Young
was killed. He said he saw Miss Pat
terson come from the door of the cafe
with a man. They were quarrelling
and as the man put the woman in a
cab the witness heard the man say
"You'll have to do it, The woman
replied 4 won't" Whereupon the