Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-04-12
NAN. PATTERSON CASE
Smiths to Plead to Indict-
ments Next Friday.
+ +
ARRAIGNED IN COURT
/:
coNT1NUANcE ASKED THROUGH
THEIR ATTORNEY.
TO Afford Opportunity to Examine
Minutes OF Grand Jury-Protest
Against Bail-Stern.
ARRAIGNED IN COURT

NEW YORK, April III. Morgan Smith
and his wife, who were brought here from
Cincinnati yesterday to answer charge
of conspiracy with Nan Patterson to OBJ
tain money from Caesar Young, Will not
plead to the indictment until next Fri
day. They were arraigned In the court OF
general sessions today. but upon request
of their attorney the case was continued
They will remain In custody in the mean
time. not being able to furnish bail In any
amount, according to the statement CT
their counsel in court.
The continuance was asked by the
Smiths through their attorney to permit
them an opportunity to examine the min
utes of the grand jury which indicted them
on the conspiracy charge Abraham Levy.
counsel for Nan Patterson. a co-defendant
with the Smiths, and who also Is await
ing trial for the murder Of Caesar Young,
asked permission to be heard in the pro-
ceedings. He said that he desired to JOIN
in the request to inspect the minutes OF
the grand jury in the conspiracy in behalf
of his client.
He requested Assistant District Attorney
Rand to waive the usual notice of the mo-
ton to the district attorney. but this Mr..
Rand refused to do. IT don't know your mo-
tives." said Mr., Rand. you. may state
facts that I may wish to controvert." The
court finally gave Mr.. Levy one day In
stead Of two in which to notify the district
attorney, making the motion returnable to-
morrow At that time arguments will be
made, and Miss Patterson will be arraigned
on the charge Of conspiracy.
Bail for the Smiths.
Bail for the Smiths was fixed at 5000
each. but on protest by their counsel Judge
Foster said he would take the matter of a
reduction in the amount under considera-
ton, and would announce his decision later
in the day.
Before being taken to the Tombs prison
Smith made statement, in which he said:
II am very glad to be back in New York.
The name of my family has been be-
smirched have not had chance to clear
it. but I will My movements on the day
the pistol was bought are very easily
traced. I had written them out, naming
every person 1 met that day that I know.
The record was in the trunk which was
confisca ted in Cincinnati, and is now in the
possession of the district attorney. / am
very grateful for the district attorney hay
ing it,
II did not buy, that revolver, and defy
any one to swear or identify me as the
Asked why he and his wife left New York
so hurriedly last June, he answered:
Il have no reply to make. I will not dis
cuss my case further except on advice of
counsel"
Pawnbroker Stern.
Several persons who were called by the
prosecution as witnesses at the last trial
of Nan Patterson and who are expected
by the district attorney to identify Smith
as a man mentioned in their testimony
were in court when the prisoners were ar
raigned today. Among them was Hyman
Stern, the pawnbroker who sold the re-
volver with which Caesar Young was killed,
and a newsboy named Hewett. Hewett
testified at the Patterson trial that he saw
man push Nan Patterson into a cab in
front of a Broadway restaurant the night
before Young was killed, strike her and
say you've got to do it."
Before going into court Stern said he was
doubtful If he could positively identify
Smith. He said he saw SO many people in
Der them all. After he had seen Smith
Stern today said: What I said before
about not being possible goes
The defense offered no evidence today.
An Affecting Scene.
There was an affecting scene when Nan
Patterson and her sister met In the Tombs
prison. When last they saw each other
they occupied an apartment together in an
uptown hotel. Today both were prisoners.
Miss Patterson had gained the consent Of
the warden to see Mrs. Smith as soon as
she was brought to the prison. They were
left alone, standing with their arms around
each others shoulders weeping bitterly.
AS the attorneys and several prison Off
Gals stood outside the room, j. Randolph
Patterson, the aged father of the prisoners,
joined the group. He pleaded with the
warden not to separate the girls.
eff you can grant an old fathers wish"
said he, keep the girls as near together
as you can while they are incarcerated.'
Warden Flynn said he would do all he
prisoners on the same tier in the women's
prison.