The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-05-02
ETHER DEATH OR FREEDOM.
VAN P4TTERSON'S COUNSEL
T4NTs no MALT WAY VERDICT.
levy Declares That the People Have Not
Made out Case ana That Mr. Rand
ThlrSts fbr n ButternyS BIOOd-CaSe
May Possibly Reach Jury To-day.

A maj plea lot no ConprOfnlse-elther
murder in the first degree OF acquittal-was
the last word for Nan Patterson and was
said at o'clock last night to the jury
that will try TO decide whether she muir
dered Bookmaker CBsar Young in a cab
a. :ac morning Of Juno last. Assistant
District Attorney Rand will sum up to-
day, and II he 6 It's through early Recorder
Coz may send the case TO the jury, but that
is doubtful
Abe Levy's argument to the jury con-
sisted Of trying 10 show that Young could
have shot himself as he was shot and did
shoot himself and might have done il by
accident in shifting the pistol from one
pocket TO another There was no motive
10 lead the prisoner to kill him. Mr.. Levy
said He asserted that the District At
tomey had been unfair in presenting the
case. Finally, he said:
Either this woman deliberately and
premeditatedly murdered Caesar Young
or she did not kill him. II she did she is
guilty OF murder in the first degree. II
She didn't she is not guilty. Il would be
better to find her guilty than to COM
promise II you believe she Is guilty, say
so but don't compromise. have made
no attempt 10 play on your sympathies
OF vc' emotions. It is an appeal for
iustio nd right The people have failed
10 make out a case
Nan Patterson seemed sullen and glum.
She had listened TO Mr.. Levy for FIVE and
half hours. Once she sobbed and showed
violent emotion when Mr.. Levy stood over
her and pointing her out asked the jury
II girl so fran and weak, with little depth
Of mind, could conceive or plan the murder
Of Young. When Mr. Levy pictured her
throwing herself on the body Of Young
in the Hudson street hospital and wailing:
Cesar, why did you do it," she wept
Several other women in the court room
wept.
Il seemed that as many women came
10 the court room as men, and they got in,
One part Of the room was reserved for them,
but when that was filed they seized any
seat they could. Mourning and widows
wells touched gay Easter gowns and hats.
Once Recorder COT drove a dozen women
out 1t was near the close Of the session,
Mr. Levy, who had been attacking the
methods used by Mr. Rand In the trial
suddenly charged that Mr.. Rand had tried
10 delude the jury into believing that
the j. Morgan Smiths had pawned
jewerly in Lyman Stern's pawnshop the
day before Young was killed. Mr.. Rand,
who had been sitting in corner behind
the jury box, was on his feet in an instant,
the only interruption he made Of Mr.. Levy's
long speech.
That is not true he shouted. 1 never
made any such statement, and I didn't
try TO intimate any such thing
bunch Of women in the back Of the room
jumped out Of their chairs 20 get better
look at Mr.. Rand. Recorder COT called the
captain OF the court squat and stopped pro-
ceedings while they were all shooed out,
looking very foolish.
That made room for others who came
trooplng in. The court room was crowded
during the noon intermission and some one
locked the doors. Three jurors didn't
get In Until they had hammered on the
door. David Belasco and Marie Dressler
represented the theatrical profession.
After studying the prisoner all day Mr.
Belasco said: sid stake my life she never
killed Young. II must have been an &C.
cident-
IL was a few minutes after II O'Clock
when Mr.. Levy began to talk. For the first
time Miss Patterson appeared in court with
q touch Of rouge coloTing her face. She
was uneasy and her uneasiness increased
when Mr.. Levy brought the skeleton into
court and illustrated how IL would have
been possible for Young TO kill himself
Mr.. Levy clicked the pistol, pointed il at
his left shoulder and declared that bv re-
versing the handle Of the pistol and using
the thumb 70 press the trigger it would
have been very easy matter for Young to
send bullet into his left shoulder at the
angle Of the one that killed him. He also
ss}d that taking into consideration the
size Of the cab, it would have teen harder
for Nan Patterson, sitting on his left, to
have shot him. Mr.. Levy DESERT ed Mr..
Rand as an atle opponent and added.
New York, hedged in with all his powers,
wouldn't use the mighty power in my
possession to resort TO unfair methods TO
send a poor girl, defenseless and alone,
20 her death / would be her champion.
But he says, I will take this girl p years
old, tender and frail, and drag her through
the CRIME and filth. What difference does
II make II the evidence falls short Of muir.
der? / will show that she Is a bad woman
What was against this girl? She was the
mistress Of Cesar Young Was he seduced
from the path Of recutude by her? Let
Us see. She was 10 when he first met her.
There is no evidence here that before she
met Young she was not virtuous woman.
Do you suppose that she seduced Caesar
Young, the racetrack man; man who
lived by his wits, man whose prey was
women, a man who by his wicked arts was
capable Of enticing any woman 70 her ruin?
Do you believe that II this ibertine didn't
want this girl she could have wrapped
herself around his heart? SO he got his
10Y MS. pldglHllks Al NIpAl HAS DecAl
made here to show that she wasn't loyal
70 him, but she was as loyal 10 him as il
the marriage VOWS had been spoken. !
know thousands--or have known thou
ssnds-of girls who would have written
the same letter The "lry aby' letter..
Sir. Levy stopped and smiled. His wife
was in the court room. II Young wanted
10 Pc, nd OF the girl he asked why did he
write 70 her a month before he was killed
Bn7 after the "Crv Baby letter had turned
up? We have the voice from the dead,
the voice from the grave that instead Of the
glrl pursuing him he was pursuing the girl,
Mr. Levy said.
There was no evidence that J. Morgan
Smith had bought the pistol Tho pawn
broker couldn't ENTITY Smith. AMI II it
were true that Smith hal been in the habit
Of pawning stun in the store why couldn't
Stern ENTITY him? Why weren't the
pawnh-oker's clerks called? II ha'n't
even been proved that the pawntickets
renreseatei jewelry that belonged to the
Smiths. Why hadn't the prosecution pro-
qucei Stems books 10 show when the
iewelrv vas pawnel il the tickets were re-
newa ti-kets.