The San Francisco call., 1905-04-29
Nan" Patterson's Lawyers
Rest on Contention That
Charge Was Not Sustained
PROSECUTION FINISHES
Mrs. j. Morgan Smith Re-
fuses to Answer Questions
Put by the States Attorney

AOI the HiuTOeE Oh caesar Dung, the
wealthy bookmaker, almost a year
ago. The prosecution finished It's case
just before the adjournment OF the
court and later Attorney O'Reilly of
counsel for Miss Patterson notified
the prosecution that his side would
submit no defense and would rest on
the contention that the State had
failed to make any case against the
defendant.
The plan had been under consider
alton for some days, but was only de-
cided upon at a conference to-day be-
tween the counsel for Nan Patterson
and her aged father. The decision
means the speedy conclusion of the
woman's third trial for the sensational
tragedy on West Broadway. When
the case is called on Monday, to
which date the trial was adjourned
to-day, Assistant District Attorney
Rand will Immediately begin the
summing up of the case of the State.
Besides this, the succession of
events which marked to-day proceed
ings included the courts denial of a
motion to dismiss the Indictment; the
testimony of the prisoners sister, Mrs.
j. Morgan Smith, in which she made
some interesting statements, but stood
on her right to refuse to answer ques-
tions, on the ground that the answers
Use TO quash the conspiracy indict-
ments against Mrs. Smith if she would
answer his questions, and the protest
of the counsel of the defense to the
court that Rand's merciless method Of
questioning was ''badgering the wit
ness and the rejection again by the
court of the much quoted letter Of
Mrs. Smith to Young expressing fear
as to the consequences if Young did
not see her sister.
MRS. SMITH ON STAND.
In the course Of his examination
Rand asked Mrs. Smith if she pos
sessed all the information she has tes-
titled to in this trial at the time she
left New York last June. Mrs. Smith
replied that she would like to answer
the question, but feared it would tend
to degrade and incriminate her. as she
is under indictment for conspiracy.
The prosecutor then promised that if
she would answer he would move next
against her, but she declined to do so.
The direct examination Of Mrs.
Smith, which was not completed yes
terday, was resumed to-day. Mrs.
Smith testified yesterday that Miss
Patterson had expected Caesar Young
TO get divorce from his wife and
marry her. She, herself, believed that
her sister until last May, when Leslie
Coggins told her that Young did not
intend to carry out the agreement.
Miss Patterson became greatly excited
when Coggins' statement was repeated
to her, Mrs. Smith said.
Did not Coggins tell you that the
best thing Young thought Nan could
do was TO accept Matt Trimble's offer
of marriage 20 asked Rand.
He did not say anything like that
to me-" replied Mrs. Smith.
Did Miss Patterson say that the
cause of her emotion was that Cog
gins had misrepresented Youngs in
tentions toward her?"
She did not say so in those words.
but 1 knew it"
''she did not tell you what she was
going to do?''
And yet you described her as
frantic and desperate
yes"
when you wrote the letter TO
Young were you in a state of feeling
brought on by what Nan had told
your
Yes. my sister is not responsible for
that letter"
Did that letter represent truthfuIly
the state of your mind?"
''It did
Did it represent Mans state of
mind?"
This question was not answered.
Rand here offered the intercepted
letter which Mrs. Smith sent to Young,
which was ruled out yesterday, and
again it was rejected by Recorder Goff.
IDENTIFIES A LETTER.
Mrs. Smith identified letter which
she wrote to her sister. Harriet How
-.
written from Toronto and was said
by Rand to contain statement to the
effect that Stern was there for the pur-
pose Of identifying them as the pur-
chasers Of the revolver and that they
would have to go away. The name
Stern, Rand claims, is represented by
the letter s and he attempted to get
a confirmatory admission from the wit
ness. She declined to answer when
the question was put to her, however,
and again Rand offered to dismiss the
conspiracy indictment If she would
reply.
Attorney Levy for the defense broke
in at this point with an objection to
the methods which were being en-
ployed by the prosecutor. He COM
planned to the Recorder that the wit
ness was being "badgered" and asked
that Rand be warned to proceed in
different way. Rand replied that he
would not press for an answer as he
had no desire to confuse the witness.
DEFENDANT NEAR COLLAPSE.
The ordeal in the courtroom to-day
proved almost too much for Man"
Patterson. The resolute manner in
which Mrs. Smith refused to answer
questions put to her by the prosecuting
attorney and her declaration that she
would stand by her sister affected the
prisoner deeply and she was near a
breakdown when the luncheon adjourn
ment was announced. Mrs. Smith ap-
peared to be unstrung as a result of
her experience and the two women
spent the recess in their cells in the
Tombs weeping In each others arms.
The prosecution In the Patterson trial
rested its case this afternoon. The
clerk employed by Hyman Stern. the
pawnbroker, who, it was expected
would go on the stand to attempt to
identify Morgan Smith as the pur-
chaser Of the revolver with which
Young was killed, was not called by
the prosecution.
Just before the prosecution rested
Rand read extracts from the testimony
given by Miss Patterson at the last
trial, and then recalled Mrs. Margaret
Young, the dead bookmaker's widow.