New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-02-11
RECORDER GOFF'S CHARGE.
THE COURT TALKS TO THE JURY FOR
MORE THAN -FOUR HOURS.

/ corder Golf reviewed all the salient points which
| have been presented in the trial, and carefully
| instructed the jury as to the law bearing upon
the Molineux case and the question which they
! were to consider in reaching verdict. 1t was
the general opinion of all who heard the charge
| that 1t was an eminently fair and impartial
| presentation. Mr.. Weeks the defendants coun-
sci, said there was nothing in the charge to
| which he could take exception. Molineux's
father, his mother and his wife were again in
court, and later IN the day, while the verdict
was being awaited, the defendants two broth
ers. Leslie and Cecil, were also present. The
two women of the family left the court when
the jury retired, and did not return, but the
aged General and his two sons remained. AS
the mother and wife of the defendant took their
leave, both put their around his neck
and kissed him In turn. Tears came to the
eyes of BOTH and for a moment the mother
stood with bent head and slightly moving lips.
seemingly praying for the safety of her son.
The defendant himself was cheerful and hap
by. He into court smiling and alert and
betokened by his manner that he had no fear but
that the decision of the jury would be to clear
him Of the charge which for over a year has
hung his head. II he had any feeling that
before night he might be doomed to a murder
ers death, he showed none of II. He laughed
he kissed his wife and mother several times.
and altogether seemed to be in a more blithe
humor than at any time since his trial began,
thirteen weeks ago. The faces Of his counsel
and his father. however. were serious enough,
and it was plain that they were not so supreme
ly optimistic as was young Molineux.
DOORS LOCKED DURING THE CHARGE.
The doors of the courtroom were ordered TO
be locked when the Recorder began his charge,
and they were not opened again until he had
finished. The room not crowded as
usual, In consequence of the exercised by
the attendants in admitting no one who could
not show some good reason for entering The
corridor outside the courtroom was again
thronged with several hundreds of curiously in
clined men and women, who fought With one
other for advantageous positions near the doors,
which, however, were not opened to them.
When the Recorder took his seat the
bench he asked counsel for the defence if he had
any further requests to charge. In response,
Mr.. Battle handed UP list of ten additional
requests. and while the judge slowly read them
the utmost stiffness pervaded the court. People
instinctivey turned to watch the jurors in the
effort to read the minds of the twelve men
through their faces But the imperturbability
that marked the expression of each of them
made it impossible TO deduce from their manner
any speculation to which way their verdict
would 60
THE RECORDERS CHARGE.
the defence he turned to the jury to begin his
charge He spoke in low voice. but his enun-
citation was clear and distinct and every
word he uttered, from first to last, followed
with almost strained attention by every one in
court.
Recorder Goff began his charge by pointing
out to the jury that it not his province to
comment on the facts in the case or to express
any views concerning them. That remained
with he iIYrI- all hi
advise and instruct upon the rules of law which
must apply to the facts in the case, He said
in part:
The trial has been unusually long and ardu-
Gus. For nearly three calendar months with
out intermission, except a short one made neces-
sary by the illness of of your number you
have been in session, and during that time nine
ty-four witnesses have been examined, not TAX
Ing into account the number of times that
OF THESE witnesses We're recalled, ana az eX-
hibits or instruments In writing have been
for you" consideration
1t became apparent upon the opening address
Of Mr.. Osborne that the case for the people
would rest what Is popularity termed circum-
stantial evidence 1t must be borne in mind
that in such a case, the burden of gathering
colating and welding every detail and circum-
stance into a solid mass of proof rests upon the
prosecution. 1t appears that counsel for the
people and counsel for the defence for about a
year have been engaged in controversies regard
Ing the various proceedings preliminary to the
trial, and that may account in some degree for
at times characterized the proceedings, and
taxed the forbearance Of the Court.
Before dealing with the particulars of the
case will instruct you the general rules
which you must observe and by which you
must be guided in your consideration Of the'
evidence. And I invite your close attention to
those rules, so that in your consultation you
may refer to them and be guided upon any
question to which they may properly relate
presumption of innocence remains with the
defendant through the whole of the until
his guilt be proven beyond a reasonable doubt.
When his guilt is so proven the presumption of
innocence is overthrOwn
The defendant is not called upon to establish
his innocence. The burden OF proving his guilt
rests upon the prosecution throughout the case.
He is entitled to the benefit of a reasonable
doubt upon the whole case. and if there be a
reasonable doubt upon any material question
it must be resolved in his favor
The defendant may take the witness stand
in his own behalf. but his failure to avail him
self of that privilege must not be taken to his
discredit The testimony of each witness must
be fairly and impartialy considered and de-
cided by your judgment as to whether the wit
ness had motive or interest other than to speak
the truth. If you find motive or interest pres
ent in any witness IL is for you to say how
far it affects his credibiIity. If you believe that
a witness has testified falsely in any part Of
the case you not compelled to reject the
whole of his testimony You may discard the
whole OF 1t and any part of 1t, and you may
give credit to any portion of it which com
mends itself TO your belief.
THE TRUE AND ONLY ISSUE.
The true issue and the only issue in this trial
is the guilt or innocence of this defendant. and
you must not compromise the contentious of
counsel or allow them to enthuse your mind
or distract your attention from that issue
which must be determined by you upon the
evidence and the evidence alone.
The Recorder proceeded at some length to ex-
plain the nature of the indictments found
against the defendant and also IN eYnound tn,