The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-04-29
PROSECUTION ENDS
IN PATTERSON CASE
Defense viii Rest Case With
the Jury
MRS. SMITH ON THE STAND
Defendants Counsel Makes Protest
Against Mr.. Rand's MerciIess
Method of "Badgerine the
Witness"
MRS. SMITH ON THE STAN D

tereStlng developments both the prOsecu-
tion and the defense rested the case of
Nan Patterson, the former actress indict-
ed for the alleged murder of Caesar
Young, the wealthy bookmaker, almost a
year ago.
The prosecution finished its case just
before the adjournment of the court and
later Attorney O'Reilly of counsel for
Miss Patterson notified the prosecution
that his side would submit no defense.
and would rest on the contention that the
state had failed to make out any case
against the defendant This plan had been
under consideration for some days, but
was only decided upon at a conference
today between the counsel for the de-
Tense and Nan Patterson and her aged
father. The decision means the speedy
conclusion of the young womans third
trial for the sensational tragedy.
Rand Will Sum Up Case.
When the case is called Monday to
which date the trial was adjourned, AS
sistant District Attorney Rand will i'm
mediately begin summing up the case
Besides this the succession of events
which marked todays proceedings in
GLIDING the courts denial of a motion
to dismiss the Indictment, the testimony
of the prisoners sister, Mrs. J. Morgan
Smith, in which she made some inter
esting statements, but stood on her right
to refuse to answer questions on the
ground that the answers might incrmin-
quash the conspiracy indictments against
A.
tions, and the protest of the defense to
the court that Mr. Rands merciless
method of questioning was "badgering
the Witness and the rejection again by
the court of the much-quoted letter of
Mrs. Smith to Young bespeaklng fear
as to the consequences If Young did not
see her sister.
The contention of the defense in NOV
ing to take the case from the Jury. and
to dismiss the indictment, was the con-
spiracy accusation charge had been prac-
ticaly abandoned; that the prosecution
had failed to prove that ]. Morgan Smith
bought the revolver which caused Young's
Death, that the case was circumstantial:
that the testimony of Doctors OHanlon
Higgins and Phelps indicated suicide
rather than murder The prosecution re-
piled that 1t had proved the fact of the
crime that the case should go to the
jury on the character of the wound that
could not have been self-inhieted proved
Smith was in the pawnshop the dav the
revolver was bought, and that the prose-
cution had not expected pawnbroker
to make identficatons The court in
structed the jury that in the decision
the ruling of law points should not be to
the prejudice of the defendant
Identifies the Rlnq.
Mrs. j. Morgan Smith Identified a ring
and bracelet her property, pawned
by her husband in Pawnbroker Stern's
store Mr.. Rand's effort to make her
admit that they were pledged June 3. fail
ed Mr. Rand tried to bring out that she
and her husband were in New York
on June 8, last. when the prosecution was
searching for them, but the witness de-
cline to answer on the ground that Il
might incriminate or degrade her. Mr.
Rand repeated his promise To quash the
indictment If she would answer questions
The witness said several times she would
stick to her sister"
Mrs. Smith denied that Leslie Coggins
had told her that the best thing Nan
could do was to marry Matthew Trimble
of Washington Referring to the note sent
by the witness to Young that she could
not answer for the consequences. the wit
ness said that Miss Patterson's emotion
at that time was caused by Coggin's mis-
representation of Youngs matrimonial in
tention toward her. She said Nan refused
to believe the story told by Coggins. and
was disappointed at the postponement of
marriage to Young The witness said,
however, that her sister had said nothing
of her future Intentions" nor what she
would do, and was not responsible for the
TOD x.ifta cold he
letter represented her own state of mind,
but did not answer whether 1t represent
ed the defendants
The court again today refused to ad-
NIT in evidence this intercepted letter
Mr. Rand asked numerous questions tend
ing to show that the Smiths were nee-
ing from Stern during their disappearance
from New York but the witness declined
to answer that they left any cities on
his account, though admitted she had
heard he was In one of the cities which
they left suddenly.