The Washington times., 1905-04-29
Smiths Business and Debts.


'fWhcre were you them
Il decline to answer. "
Was your husband in business on
June last?'
"He was"
For whom did he work."
"A man named Reid. In the insurance
business .
Was your husband heavily in debt at
that time?''
The question was not allowed
Who paid your bills in the 81. Paul
Hotel?"
That question also was ruled out
The irini1ets pawned by ]. Morgan
Smith and the pawn tickets then Were
shown to the witness and she was
questioned about them After Levy con-
sented 10 have the tickets admitted he
said that as Rand had tried to convey
the impression the tickets were renewals
OF tickets for articles pledged ou june 3,
ne called on the prosecutor to produce
the original ones issued on the day be-
! fore the shooting of Young
Il only asked the witness If the tickets
were renewals. Rand replied Il did
not even mean TO convey. that they
necessarily were such or that the ar
ticles Were pawned on June g. I have no
! tickets issued on that day" Turning 10
Mrs Smith. he went or: Did you leave
Toronto TO avoid identification by
= decline 10 answer"
Mans Condition.
The prosecutor then offered in evil
dence part Of the testimony given by
Miss Patterson at the last trial The
testimony was in regard 10 Nan's men
tai condition on May 3. 1904, when Mrs.
Smith said her sister was thysterical." "
frantic, and desperate Miss Pat
terson had testified her condition on
that day was directly opposite TO the
description given by her sister
Mrs Young was ques toned whether
she and her husband ever had talked
about legal separation. She was not
permitted TO answer After saying she
stand RaA4 then rested his case.
Henry y. Unger made the usual
motion for the dismissal Of the indict-
ment He said the prosecution had
failed to establish that crime had
been committed
The conspiracy charge practically
has been abandoned, Mr. cnger said.
and there is not enough evidence here
l. warrant the case being submitted TO
the jury. The testimony of Drs. O'Han-
Ion. higgins, and Phelps indicated
Young committed suicide. IN fact, not
a scintilla Of evidence to show murder
| has been produced.
All Hinges on Revolver.
This Is a case of criminal evidence,
and, of course, the main fact hinges
The prosecution, despite the bold state
ment of AGr Rand that Smith would be
identified as the purchaser of the
weapon, has failed to show who bought
It. The entire case rests on differences
drawn from other inferences, and the
evidence Is not of such q quality 1t
should be submitted TO the jury"
Mr. Unger said that in order TO sus-
tain its charge the prosecution must
produce evidence showing beyond a
reasonable doubt Young did not commit
suicide The only evidence introduced
which threw any light on the manner in
which Young died was the testimony OF
Dr. OHanlon, who said he had eX-
anGined YouHg's fingers and had found
powder marks on the index finger of the
right hand. DIR. O'Hanlon also testified,
the lawye. said that he examined the
hands cf Miss Patterson and found no
powder marks.
This examination was not superb
cIal," Unger asserted. 20 kianlon said
he subjected the skin taken from
Young's finger TO q microscopic eXami-
nation, and was convinced that the
black stains were made by powder. II
is anfarent the only testimony showing
how Young died indicates suicide, ana
the case should be dismissed" e"
Mr.. Rand, in replying to the argument
said If nothing else had been shown.
there was one fact which alone would
warrant the giving of the case to the