The Black Hills union and western stock review. [volume] (Rapid City, S.D.) 1904-19??, 1905-05-05
PROSECUTION FAILS
IN PATTERSON CASE:
Star Witness Couldn't Identify
Her Brother-in-Law as Re-
volver's Purchaser.
PLACED ON STAND TODAY
Promise That =. Morgan Smith Would
Be Proved Man Who Bought Fa
tai Weapon Entirely Fails Of
Being Justified.

New York. April 2S-When the trial
of Nan Patterson, charged With the
murder of Caesar Young. began today.
it was the general expectation that the
prosecution would play its trump card.
Ever since Miss Patterson was ar
rested the prosecution has claimed the
presence in court of j. Morgan Smith.
the prisoners brother-in-law, would
convict the girl of murder. When
Smith fed before the first trial they be-
walled his absence. declared that only
his presence was necessary to permit
them to put in evidence which would
result in conviction beyond a doubt
A ceaSeless search for the missing
witness was prosecuted, and finally.
just before the girl WAS again to face
her accuserS, Smith and his wife were
tracked to Cincinnati, arrested as fugi-
tives from Justice and brought back to
New York. ostensibly to answer
charge of conspiracy in connection with
the Patterson case. 1t is said nearly
$4,000 was spent by the district at
torney'S department in searching for
the Smiths. and it is believed the real
reason for bringing him back to New
York was that Smith might be con-
fronted With Stern. the pawnbroker,
who. it is alleged. sold the revolver
with which Young was shot
The States Claim.
The prosecution claims that the re-
vover was purchased from Stern by
Smith less than twenty-four hours be
fore the tragedy in the cab. This is
fatty denied by the defense. The pawn
broker has already confronted Smith
since the latter was brought back to
New York but whether he was able to
identify him as the purchaser of the
revolver was not made known to the
public.
The first witness today was a rep
resentative of a well known arms man
ufacturing company, who identified the
revolver as a weapon made by his com
pany He was followed by DR.. Charles
Phelps of the board of police surgeons.
an expert on pistol wounds.
Stern was called in the case later.
He failed to identify Smith as the man
who had bought the revolver with
which Young was killed
A Boys Testimony.
Joseph Hewitt. ir.. a newsboy, de.
scribed the scene which he said he wit
messed in front of cafe in Columbus
circle or the evening before Young was
killed. He said he saw Miss Patterson
come from the door of the cafe with a
man. They were quarrellinS, and as
the man put the woman in the cab,
witness heard the man say, you'll
have to do it," The woman replied,
I won't" WhereupOn the man slapped
her face and pushed her into the cab.
The boy identified Morgan Smith as
the man whom he saw with Miss Pat
terSOu
Hes learned his lesson we'll" re
marked Smith as he was led back TO
the TOmbs.
There was a wild scene in the corri-
doris around the court room this after
noon Men and women fighting for ad-
mittance after the noon recess blocked
n O
clothes. and so jammed the entrance
that Recorder Goff the attorneys and
Jurors had the greatest difficulty in
making their way through the struG-
Cling crowd to the court room. Mrs.
]. Morgan Smith. Nan PatterSon'S sis
ter. was called to the witness Stand
this afternoon.
Coroner's Physician Changes Mind.
Perhaps the most interesting deNel-
opment in the testimony came when
Coroner's Physician O'Hanlon, took the
witness stand for the prosecution and
said in reply to questions that he had
changed his opinion that Young had
committed suicide.
Dr.. O'Fanlon performed the autopsy
or Young's body. In his testimony to-
day. he said: MY present opinion is
not the opinion formerly expressed &c
Coroner Brown"
The counsel for the defense. Lawye,
Levy, asked the doctor. plC you re
port this case to Coroner Brown as one
of suicide?''
When Dr. OHanlon replied in the
affirmative Mr.. Levy asked: DO YOU
now say that in your best judgment
it is a case of suicide?
mo, won't say that.
Didn't you say so once was asked
II did but I think now it is case
for the jury to decide. I thought a
the time that I detected powder mark:
on the hands of Caesar Young"
Assistant District Attorney Rand thel
produced the official report of DR.
O'Hanon. which did not confine thH
case as one of suicide and the doctor
said that he simply expressed the sui
eide opinion in conversation with Cor
oner Brown.
After some further questioning Mr.
Rand asked the witness if he still helt
the same opinion that he expressed Il
Coroner Brown, and DR.. O'Hanlon re
piled: Il will only say this. my opn
ION is not what it was when l talked t
Coroner Brown.