The San Francisco call., 1905-04-27
STERN FAILS
TO IDENTIFY
THE SMITHS
Prosecution in the "Nan'
Patterson Trial Plays Its
Trump Card Without
the Expected Sensation
AWNBROKER CANNOT
TRUST HIS MEMORY


NEW YORK, April 26.-The climax
in the prosecution of Nan" Patter-
son. who Is on trial charged with hav-
ing shot Caesar" Young. was reached
to-day when Hyman Stern, the pawn
broker. failed to identify j. 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 interest and
was expected to make somewhat of a
sensation. On the contrary, however.
It caused but a ripple of comment and
surprise in the courtroom. although
1t was the dramatic moment OF the
trial.
Stern also failed to identity Man"
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 lat
ter's testimony Smith was taken back
to the Tombs.
Riotous scenes attended the open
ing of the courtroom for the afternoon
session. Women and men fought to
get-past the police. Several women
tainted and the dresses of many were
torn.
Throughout the entire day Nan"
Patterson followed the testimony with
more intense interest than on previous
days and when adjournment was an
nounced she caressed her father and
remarked:
II think this has been a good day
for me-"
hon, Caesar" Young's widow and his
racing partner, John Millin. remained
to be examined when the trial ad-
journed this afternoon.
STERN FAILS TO IDENTIFY.
the stand Smith and his wife were
brought before him. The pownbroker
told the story of the purchase of the
weapon and identified the pistol as the
one he had disposed Of
Turning to Man Patterson, As
sistant District Attorney Rand said:
Look at the defendant. Don't you
the man who bought the revolver? Do
you recognize the defendant as the
one? ?'
'I cannot say that she was" an
swered Stern.
Look at Mrs. Smith. Was she the
oner
'I 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 your
Abraham Levy, the defendants
counsel. jumped to his feet with an
objection. .6
why can't he ask" he shouted, "Is
this the man who bought the revolv
err"
Stern replied: "I cannot say that he
is"
This ended stern's testimony and
Smith was taken back to the Tombs.
MRS. SMITH ON STAND. ]
Mrs j. Morgan Smith was called to
the stand and was asked to Identify
letter addressed to Ada Patterson as
having been written by her sister.
This she did.
The story Of the meeting between
Young and Miss Patterson IN Harlem
the night before the tragedy was told
by William Luce, Young's brother-in-
law. Young was at his home in West
One Hundrd and Fortieth street
and they went out together
about IL o'clock. They met Miss Pat
terson in Eighth avenue. Luce said
he left Young and Miss Patterson to-
gether and went home with the under
standing that he would meet them an
hour later. At / o'clock he returned
I'VE got into the saloon about
quarter past 1 o'clock" said Luce,
and at a quarter to 8 they came
over to the table where / was seated.
They had been together for nearly two
hours and they were angry and quar-
reling.''
did you hear any of the converse
tion?"
II heard Young say he would get her
a cottage"
When they came over to your
about?''
About Young's going away. The de-
fendant said she knew the boat he was
going to sail on and said that he could
not get away from her. Young Of
fered to bet her 800 that she could not
name the boat, but she replied that
she, would not please him by doing so.
She said Young could not hide from
her, and II he got down in the hold of
the ship she would find him and pre-
vent him from sailing
LAST TALK WITH YOUNG.
Luce said he saw Young before he
left home on the morning of June 4.
He said he was going out to get shaved
and buy new hat, and that he would
join his wife at the steamship pier.
Luce, In reply to q question by Rand,
denied that he purchased the revolver
at Stern's pawnshop.
Bernard L. Mexican, another broth
er-in-law of Young, told of efforts
made by Young early in May to get
Miss Patterson to go to Europe. He
said she first promised to go abroad.
but afterward refused to sail, claim
Ing she was In delicate health and
would have to undergo an Operation