The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1905-04-13
NAN PATTERSON
AND THE SMITHS
Family Reunion in the Tombs in New
York.
WILL BE ARRAIGNED TO-DAY
7AWN5RoKER STERN is NOT
POSITIVE.

New York, April FL Morgan Smith
nd his wife. who were brought here
rom Cincinnati yesterday to answer
L charge of conspiracy with Nan Pat
ersou TO obtain money from Caesar
Young, VIII not plead to the indictment
IintI next Friday They were arraigned
u The court of general sessions today,
,ut upon request of their attorney the
ase was continued
The continuance Of the case was
sked by the Smiths through their at
orney 10 permit them an opportunity
% examine the minutes of the grand
Jury which indicted them on the con-
piracy charge Abraham Levy. Coun-
el for Nan Patterson. a co-defendant
With the Smiths, and who is also await
MS trial for the murder of Caesar
FounC, asked permission TO be heard
~ the proceedings. He requested As
istant District Attorney Rand to waive
he usual notice of motion to the dis
riot attorney. but this Mr.. Rand re-
fused to do. The court finally gave
Mr. Levy one day, instead Of two, in
which 10 notify the district attorney,
baking the motion retuTnable tOmOr-
oW- At that time arguments VIII be
made and Miss Patterson will be ar
aligned on the charge of conspiracy.
Smiths Statement.
BEFORE being taken to the Tombs pris-
|n Smith made a statement in which
he said:
- am very glad to be back in New
n oTk. The name of my family has
nance to clear it, but I will. Ny move
|nents on the day the pistol was bought
ere very easily traced. / had written
HON out, naming every person met
hat day that 1 knew.
The record was in the trunk which
fvss confisCated in Cincinnati and is
low I'm the possession Of the district
ttOTney- I am very grateful for the
district attorney having it.
II did not buy that revolver and I
|lefy anyone to swear or identify me as
he man"
Asked why he and his wife left New
/ ork 50 hurriedly last June, he an
-wered:
II have no reply to make. 7 will not
discuss my case further except on adj
ice of counsel"
Stern Not Positive.
Several persons who were called by
he prosecution as witnesses at the
last trial of Nan Patterson and who
Iycre expected by the district court 10
Identify Smith as the man mentioned
81 their testimony, were i'm court when
ne prisoners were arTalEnCd today
Among them was LYMAN Stern, the
awnbroker who sold the revolver with
Which Young was killed Before going
INTO court. Stern said ne was doubtful
# ne could positively identify Smith.
10 said he saw So many people i'm his
business il was impossible 10 remember
|nem all. After he had seen Smith,
item said today:
w has. ! said before about not ueing
positive goes"
Scene Was Affecting.
There was an affecting scene when
nan Patterson and her sister met in the
TUubs prison. When last they saw
bach other they occupied an apartment
together in an uptown hotel Today
both were prisoners. Miss Patterson
had gained the consent OF the warden
% sec Mrs. Smith as soon as she was
brought to the prison They were left
lone. standing with their arms around
.sch others shoulders, weeping bitter
J. As the attorneys and several p-is-
pm officials stood outside the room, J.
Randolph Patterson, the a Eed father Of
nc prisoners, Joined the group. He
pleaded with the warden not to sepa-
ate the girls.
IT you can grant an old fathers
wish" said he. keep the girls as near
ogether As you can while they are in
-aroera ted.
Warden Flynn said he would do all
,e could for him, and arranged to have
he prisoners on the same tier in the
prison