The age-herald. [volume] (Birmingham, Ala.) 1897-1902, 1899-04-28
THE GEORGE CASE
GOES TO THE JURY
Prosecuting Attorney Closed His
Argument in the Morning.
JUDGE DELIVERED CHARGE
Relations of Defendant With Saxton No
Excuse for Taking of His Life-Fail-
ure to Prove an Alibi Does
Not Tncriminate.
JUDGE DELIVERED CHARGE

Canton, O., April 27.-The last day of the
trial of Mrs. George for the murder of
George d. SaXton began with a resump-
ton by Prosecuting Attorney Pomerene of
his closing argument for the prosecution.
He continued a review of the testimony,
first paying attention to the time of vari-
Gus incidents and the alibi attempted on
behalf of the accused.
He said no man is all bad, and that MANY
have reason to remember George D. Saxton
for his good qualities, for his charity and
for his bounty. There is no word in the
record TO show it, he said, and no one can
say that George ID. SaXton had ever insult
ed virtuous and upright woman.
Mr.. Pomerene concluded his review of the
case and submitted his case to the jury at
HIP a. m.
The judge Immediately began his charge
to the jury.
IF you find from the testimony that she
did in fact kill said Saxton as in the indic1-
ment set out, there is no justification or ex-
cuse or defense, but such mitigating condi-
tions are to be considered for the PURPOSE
of enabling you to determine whether or
not said homicide was committed with de-
liberation and premedtation. The alleged
wrongs and msfortunes of the defendant or
the failure of deceased to keep any of his
alleged promises; or both of these things
will furnish no justification for taking his
life. Neither did the defendant have any
right to take the law into her own hands
to right any wrongs which she may have
suffered or which she claims to have suf-
fered. What threats, If any, were made by
her against him, their nature and character
and circumstances under which they were
made If any at all and the weight to be
given to them are all matters for you to
determine in the light of the evidence and
circumstances in the case.
This testimony is admissible as tend
ing to show malice and motive and the
deliberation and premedltation with which
the crime charged was committed. 1t is
for you to determine, in the light of the
testimony, whether the witnesses for the
state, Christian Eckroat and Mary Grab
Ter, or either of them, used morphine or
took drugs in such quantities or for such
length of time as to affect moral percep-
tions and the imagination and reliability
for truth telling; and also what, If any,
weight is to be given to their testimony or
the testimony of either of them.
1.-THE fact that the defendant was not
called as a witness in her own behalf is
not to be considered by you as any evidence
or even circumstance against her. The
defendants attempt to prove an aibi is no
admission of the crime charged, nor does
her failure to prove an alibi-if she has
failed to prove it-necessitate inference of
tne pfcsuhhptioii thdt sHe WAS present at
the time and place and when and where
the crime is alleged to have been commit
ted"
No Decision Reached
Canton, o., April 27.-Shortly after II
o'clock Judge Taylor left the court room
and retired to his hotel across the street
The attorneys in the case left shortly af-
terward.
The most persistent report at midnight,
however was the jury stands eight for ac-
quittal and four for manslaughter. The
feeling Is that no verdict Will be reported
tonight. Mrs George has retired. The
lounging position of the jurors as seen from
the building across the street. indicate they
are resting for the night.