The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-05-17
THE PATTERSON TRIAL
The xtra o rdInary Comments on the Case
b. Justice Davis.


To TIE EDITOR OF THE SrS Sir; In an
after dinner speech delivered on MohdaF
evening before the Phi Delta Phi Club. an
association of young lawyers. Mr.. Justice
Vernon NJ. Davis. who presided at the second
trial Of Nan Patterson for the murder OF
Omar Young at which the jury disa greed,
gave his impressions of the case. II was
remarkable exhibition Of judicial candor. TO
say the least.
Justice Davis defended the prosecution OF
the case. which has been the suo1ect OF 'uch
hostile criticism. and declared that majority
OF the people who followed the testimony
believe tina, the pistol which killed Young
WAC held by Nan Patterson, was discharged
by her and was bought for Nan by her brother
in-law. j. Morgan Smith. Justice Davis ex-
planned that he did not mean to say that Nan
Patterson took the pistol from the reticule
and shot CRsar Young In the side. out ne
did believe tina, she had the pistol and showed
1t to Young and that in the course OF the con
versation and consequent struggle the pistol
went on and the man was killed
That Justice Davis has stated this matter
correctly Is probably the opinion formed
by most people regarding this celebrated
case; and Is 1t not probable also that II the
prosecution had adopted in fact the theory
Of the case az outlined by Justice Davis ana
presented il in the calm, dgnified and )udicial
IL
conviction of the woman Of manslaughter IN
the first degree or perhaps one of the minor
degrees Of murder would have resulted?
The trial Of Nan Patterson is not an Isolated
instance of the gross Overtryng OF such
cases. For years that fault has been tine
subject of adverse comment among members
Of the bar and thoughtful people generally.
and more especially among the judges OF
our Appellate courts. The desire OF the
ha tn
a conviction in the most urgent manner.
the aim being. apparently. more at personal
glory than anything else and the result
has been as everybody coRniZant OF the
history OF great criminal cases in tins country
in recent years knows that reversals by the
Court of Appeals of convictions in these
cases have been frequent. And these re-
versals will doubtless continue and popu-
lar sympathy will be excited for the de-
PENDANTS in such cases so long as, on the
part Of District Attorneys and trial Judges.
there is a disregard OF the safeguards that
are tnrown by the elementary principles OF
the Law around prisoners on trial for their
lives or liberty.
One instance and only one may be cited
of the way things went on in the Nan Patter-
son case. 1t was thought essential to obtain
the presence here of j, Morgan Smith and
his wife as witnesses at the trial. and these
lnulSiuuals were Ill IIt Stdtt VI oIlio' ''ii'''i
and his wife were therefore. at the request
of the District Attorney, indicted for con-
spiracy. and the statement was made. accord
ing to newspaper accounts published at the
time, that in asking the Governor or this
State for the issuance OF a warrant OF extra
dition for the Smiths, and also in asking the
Governor Of Ohio to honor this extraditlon
warrant, the gents OF the District Attorney
stated that they had ample evidence 10 secure
.ho <,f tl,a iii for nj
and that the object OF the proceedings was
bona hde effort to try them for conspiracy.
and not merely to secure their presence here
as witnesses at the Nan Patterson trial. when.
however, the Smiths were brought here and
the question of what was to be done with
them became acute, 1t was discovered that
there was absolutely no evidence to support
the charge of conspiracy, and Judge of the
Court Of General Sessions. in diminishing the
indictm ent ga inst them. denounced the entire
proceeding as totally unwarranted.
NEW YORK. May 10. LAW.