New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1902-03-27
RECORDER GOFF'S CHARGE
JURY WARNED NOT TO LET GRAVITY OF
CASE WEAKEN ITS DECISION AT
THE CRUCIAL MOMENT

Recorder Gof's charge to the jury in the Pat
rick case occupied about three hours. 1t was
1913 a m. when the Recorder began his ad-
dress. At the outset he thanked the jurors for
their attention during the long and tedious prog
ress OF the trial. Then he said:
For the purpose of assuring to the defendant
the protection Of his legal rights. the Jaw has
prescribed certain rules. The defendant is not
obliged to prove his innocence. II is for the
prosecution to prove his guilt The defendant
is entitled to every reasonable doubt
After defining the legal meaning Of reasonable
doubt the Recorder continued in part:
There are three main propositions IN this case.
If those compositions fail 10y satisfactory proof
the whole fabric of the prosecution falls The
propositions are: First that Charles r Jones
on September %. 1900. with the intent TO Kill,
placed a towel cone with sponge saturated
with chloroform over the face Of William NJ.
Rice; second. that William NJ. Rice died from
the effect OF chloroform, and from no other
cause; third, that. with the intent 20 procure the
death Of William NJ. Rice. the defendant Coun-
SEIZED and induced Jones 10 use the chloroforrn;
IL you find that Patrick did counsel Jones, and
that Jones dlo XIII Mr. Hlce the gum OF the ue-
fendant is not lessened because Patrick was not
present. Neither shall you deem II lessened II
you find that Jones was easily induced to do
the murder
The fact that Jones is a seIf-confessed mur-
derer does not make him incompetent wit
ness. 1t is one OF the peris of the criminal that
ne has TO take the risk of BETRAYAL by his ac-
Complice. But the evidence of such accom-
plice should be received with great caution. The
law says It shan not b. accepted unless It is cor
roborated. II is for you 10 say If Jones has
been corroborated This does not mean that
there must have been an eyewitness to the
crime. 1t means that either direct Circum-
stantial evidence pointing 70 the same end shall
convince you Of the truth Of the testimony.
Recorder Goff read. with some comment, por-
uons OF Jones's testimony. They related. among
other things, 10 his first meeting with Patrick.
the engagement Of DR.. Curry, and the warning
10 him not to mention Patrlck's name to Mr..
Rice the visit Of Short and Meyer to the Rice
apartment. Iatrtck's request for chloroform, the
teieThonic communication between Patrick and
Jones. Jones'E letter TO his brother for chlOrO-
form, Jcr,s's visit to Patrick's office. where he
the VIII Of 1890, unsigned and Jones's story
Of how he told Patrick all about Mr.. Rice's
bank account and gave him some blank checks
from Mr. Rice's checkbool.: Jones's account OF
Mr.. Rice's condition September 30 1900 and
the details Of the alleged murder, and Patrick's
behavior on the following day. The Recorder
continued:
THE HANDWRITING EVIDENCE.
Touching upon the evidence Of the handwrit-
ing experts the Recorder said the fact that it
is recognized by the law was sufficient to de-.
mand for It a just ana due consideration OF
the medical testimony he reminded the jury
that they were not bound to take the statement
contained M a hypothetical question as true but
must judgo for themselves Of the value Of the
mace IN Sucn question by counsel
Hc went on follows:
There has been some talk Of this defendant
being under indictment for forgery I charge
sou that you must disregard all such knowI-
ecRe. The defendant IS not trial for forgery.
He is before yOu charged with murder. Even il /
he d commit a series Of forgcres, il has nothing
to do with this case unless you find that he (
murder. The existence of the papers /
presented here forGeries is question Of i'm /
pcrta only it tends to show motive It ia |
not necessary TO show motive II you are salts |
and
rick committed II.
The Recorder finished his charge at 12.55 .
O'Clock and then took up the requests TO charge /
presented TO him by the defence He said he /
had covered many Of them in his charge and .
that he would charge fifteen OF the fOrty-four /
submitted. Most Of them referred TO the cred
ibility of Witnesses who had been contradicted
or who were interested witnesses.
FINAL WORDS TO JURY.
When the first requests to charge dis
posed or the defence handed up a supplement-
airy list Of requests. The Recorder
charged as to five of them, and declined TO
charge as 10 the others. When he through
with the requests he turned the jury and
able doubt saying:
You are the men responsible. you the
judges OF the facts. You are TO reach a tudg-
inent dictated by your conscience, matter
what Jhe results. trust that at the crucial /
moment you Viii remember the responsibilities
with which you charged. II you believe the
defendant is guilty, say II you believe that
guilt has not been proved, say So regardless OF
What others may think. You are the judges, and
you know all that there is to be known. Re
member that the Importance of the question at
issue and the care and caution to be observed, /
NAV not exert a dread and apprehension that /
will weaken your decision. Absolute certainty !
is not to he achieved. The law only requires
that you shall reach moral certainty. according
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