The Barre daily times. (Barre, Vt.) 1897-1959, 1905-04-27
SMITH NOT
IDENTIFIED
PaWnbrOker Won't Say He
Was Pistol Buyer.
PRISONER is JUBILANT.
Smiles and Says That She Is Much En-
couraged - Wild Mob at Yesterdays
Trial in Which Women
Faint.
PRISONER is JUBILANT.

New York, April 27-The culmina-
ton of the prosecutions case in the
trial Of Nan Patterson was reached yes
terday afternoon. Assistant District
Attorney Rand sprang his sensation and
it fell flat. Pawnbroker LYMAN Stern,
from whom the pistol with which Young
was killed was purchased, faced }. Nor
gan Smith and failed to Identify him
as the purchaser. 1t was the dramatic
moment of the trial, nevertheless. The
interest of the observers was at white
heat; the court room was so absolutely
quiet that the heavy breathing of the
witness as he leaned forward to take
careful look at Smith was audible.
The tension was broken by his words,
quietly spoken;
Il can not say that he is the man"
Then a kissing sound filed the room
as though each person in it had stimuli
taneously taken a sharp indrawn breath.
This was shortly after noon. Stern
had described the purchaser as man
not unlike Smith, and the woman who
had accompanied him as small per.
son, clearly not the defendant.
The Smiths Appear.
Olt of the score of attendants before
the entrance to the pen in the rear OF
the room, stepped two figures. One of
Il man, tail, broadshouldered and slight
~ STOPPING, with a face that looked as
though it had never known color, with
wilderness heightened by the thin, wiry
red hair above The other, small
woman, dressed iii a dark tailormade
suit, slip of woman, whose face was
as white as the mans. They were J..
Morgan Smith and his wife, Julia, Nan
Patterson's sister.
The two of them We're conducted to
the gate which leads into the jury box,
which is diagonally opposite the witness
chair, at, say, distance of twenty
feet
Nan Patterson, turning, saw them
come in. This was what she had been
looking forward to with dread.
Il will prove that J. Morgan Smith
bought the revolver Rand had said
on Monday, and she bad broken down.
Now that the moment had come, she
turned to face the witness, clasped her
fingers and sat perfectly still to watch
the test.
could you say that this il the wom-
am" Rand asked, pointing to Julia
Smith.
Il could not Stern replied quickly.
Gould you say that in general way
the man who bought the pistol resem-
bles the man before your" Rand asked.
The suspense was drawn out by Levy's
objection.
When it was sustained by the Re-
corder Rand came fatty to the issue.
is he the man?
Stern waited--it must have seemed
an age to the prisoner. After what had
actually been the fight Of only a few
moments, the Recorder looked inquir-
ingly at the pawnbroker-
Answer" he said.
Il cannot say" came in low tone,
and the tension broke. Color flew back
into the face Of the woman. Smith
shifted his weight from one foot to the
other and ran his tongue over his lip
Nan Patterson moved and smile
lighted mp her face. 0'Reilly, one Of
the lawyers, whispered to her and she
nodded her head in relieved way.
The Jurors, who has been leaning for
ward in their chairs, now sank back.
"A few minutes later court adjourned
and j. Randolph Patterson ran to his
daughter and, leaning over the railing
took her hand. She spoke to him:
II feel as though / had a right to
feel encouraged She said.
Then arising, she walked with a light
step from the room.
No such riotous scene was ever wit
messed in the criminal courts building
as that which took place in the corri-
dor before the court room as the af-
ternoon session of the trial was about
to be opened Women and men fought
to get inside the court room. Several
Of the women tainted and many hae
their dresses torn.
The first witness yesterday was re
representative OF well-known arm