The Montgomery advertiser., 1905-04-29
THE DEFENSE
 IS CONFIDENT
 S Will SuF fit Case Of Nan With it Argument. srHE. CONCLUSION NOW Both Sides Rest in Famous
 Trial of Actress. FIorodora Girls Lawyers Contend Prosecutioa Has Utterly Failed to
 show Her Guilty of siay- ing Caesar Young.

New IOEk, ApTll So.-<tltSi d 0hS OA interesting developments both the prosecution and the defense rested in the case of Nan Patterson. the form CT actress, indicted for the alleged murder of Caesar Young, the wealthy bookmaker almost year ago.
 The prosecution finished its cGse just before the adjournment of the court and later Attorney O'Reilly of eounsei for Miss Patterson notified the prose cution that his Side would submit no defense and would rest on the conten- tion that the State had failed 10 make out any case against the defendant. This plan had been under sidera- ton for some days but was only decid- ed upon at a conference today between the counsel for the defense and Nan Patterson and her aged father.
 The decision means the speedy con- cIusion of the young woman thlro trial for the sensational tragedy. When the case Is called Monday. 10 which date the trial was adJourned, Assistant District Attorney Rand Will immediately begin summing up the case. Besides this the succession or events which marked today's proceed ings were the courts denial of mo- tion to dismiss the indictment, inc tes- timony of the prisoners sister, Mrs. J. Morgan Smith, In which she made some interesting statements, but stooo on her right to refuse to answer Ques- tions on the ground that the answers might incriminate her; MT. Rand promise to auash the conspiracy in- dictments against Mrs. Smith if she would answer his questions and the protest of the defense to the court that MT. Rand's merciless method of dues- tioning was "badgering the witness and the rejection again by the court of the much quoted letter of Mrs. smith to Young, bespeaking fear as to the consequences if Young did not see her sister.
 The contention of the defense in moving to take the case from the jury and to dismiss the indictment was that the conspiracy accusation charge had been practicnIlye abandoned; that the prosecution had failed to prove that J. Morgan Smith bought the revolver which caused Youngs death; that the case was circumstantial and the testt- mony of Drs. O'Hanlon, Higgins and Phelps indicated suicide rather than murdeI.
 PrOsecution's Contentious.
 The prosecution replied that 1t had proved the fact of the crime; that the case should go to the jury on the char acter of the wound that could not have been self-inflicted; had proved Smith was in Pawnbroker's Stern's shop the day the revolver was bought and that the prosecution had not expected nawnbroker to make identifications.
 The court instructed the jury that Tn the decision the ruling on law points should not be to the prejudice of the defendant.
 Mrs. J. Morgan Smith identified a ring and bracelet as her property pawncd by her husband in Pawnbrok- CT Stern's store. MT. Rand's effort to make her admit that they were pledged June failed. Mir. Rand tried to bring out that she and her husband were in New York on June last when the prosecution was searching for them, hut the witness declined to answer on the ground that 1t might incriminate or degrade her. MT. Rand repeated his promise to quash the indictment if she would answer questions. The wit ness said several times she would stick" to her sister.
 Mrs. Smith denied that Leslie Cog gins 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 1 that she could not answer for the con- | sequences, the witness said that Miss | Patterson's emotions at that time were caused by Coggins's misrepresenting | Youngs marriage intentions toward her. She said Nan refused to believe
 the story told by Coggins and was dis- | appointed at the postponement of her | marriage to Young. The witness said, 1 however that her sister had said noth- ing of her future intentions" nor what | she would do, and was not responsible | for the mucb-quoted letter. The wit ness said the letter represented her
 own state of mind but did not answer whether it represented the defend | ants,
 The court again today refused to ad-
 nit in evidence this intercepted letter. | MT Rand asked numerous questions l tending to show that the Smiths were | fleeing from Stern during their dlsap-
 pearance from New York. but the wit
 ness declined to answer that they left any cities on his account, though she l admitted she had heard he was in one
 of the cities which they left suddenly. Interest Intensified.
 The story told by Mrs J. Morgan Smith on the witness stand yesterday afternoon and the prospect of hei ross-examination by counsel for the | defense today served to intensity in terest in the case of Nan Patterson The appearance of Mrs. Smith as 2 witness for the prosecution came 1T the nature of a surprise to the de- l Tense, MT. Levy HdS belia. IAS piO' fessed to be very well satisfied witt the move, however, and said that cross examination of the witness would af ford an opportunity to place before the | fury evidence which could not be pro duced in any other way.
 | He also believes that the direcl testimony of Mrs. Smith has only served to strengthen the case of the prisoner, as 1t supports in many i'm portant details the testimony given bS Miss Patterson herself at the last trial portion of which was read to the jury yesterday.
 In the course of his examination MT. Rand asked Mrs. Smith if she hae possessed all the information she had | testified to in this trial all the time since she left New York last June Mrs. Smith replied that she would like to answer the question but feared fl would tend to degrade and incriminat' | her as sine Is under indictment for con splracy. The prosecutor then promised | that if she would answer he woulC move next Monday to quash the in dictment against her but she declined to do so until she had an oppOrtuni'