Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-12-23
THE VERDICT
CONTINUED from page II
head in the girls lap, dead, with bullet


Just what transpired in the glass-enclos-
ed vehicle probably will never be known.
The cabman testified he heard report
He know nothing more. For some days
silence prevailed Then flood of alleged
eve witnesses turned up. Their stories.
bovever could not stand investigator
and one after another of these witnesses
uere cast aside as sensation seekers
Then an old man, Martin HaZieton OF
opeonta came forward His probity was
| unnrestioned. His standing in ms nome
town was Of the lest and he told what
he had seen on that June morning. he
saw the man and woman, their hands
clasped and held face high, then a hash'
a puff of smoke and the report OF re-
volver broke the stiffness OF the morning.
He was the most important witness placed
on the stand and the efforts OF the pros
| ecution to shake his brief but vital tesu-
mony went for naught.
Then the defendant herself went to the
| witness chair and told the whole story Oh
| her relations with Young. 1t was cruel
ordeal bat she told it all in stralShtfor-
ward manner from the day she met the
man who was to turn her life IN tragedy
natb to the fatal moment in the cab. She
said tsr> companion shot himself. He held
| both her wrists with one hand and as she
struggled to free herself she heard re-
| yolver's report ard Young sank into her
lap dead. This in brief is the story of
| case that has been three times nine
days' talk in all New York. There were
MANY sensational sidelines to it, none OF
| which was brought out at the trial. One
| Of the strangest of these is the missing
eve witness. Mr.. HaZetOn said that an
other man stood beside him and saw the
| tragedy He was a casual street ac-
| ouaintance who gave him Masonic
| greeting and whose name he did not
know. He had introduced himself as "a
brother from the Rocky mountains The
unknown man has been searched for tar
and wide by both the prosecution and the
| defence. The story of his presence has
| been published in every newspaper in the
country but he did not come forth, even
| though a human life might have depended
unon his word There were other lines of
| investigation, heraded by the defence or
| the commonwealth as vital, that played
no part in the trial and no case in years,
| surrounded as it was at first, with so
much seeming mystery, has been 50 bar
rem of the drama tic and unexpected in the
court ROOM
| There was a slight delay in the begin
ming of the trial, today, but when the
prisoner was brought in the final de-
tails were arranged quickly and Judge
Davis at once began his charge to the
jury.
Justice Davis informed the jury that
it was not his duty to interpret the ev-
idence which had been placed before
l plyr &c
to the rule of the law to the end that
| they might arrive at a careful and just
conclusion. Any opinion they might
| have formed either before or during the
trial should not be allowed to weigh
unless it was based entirely upon the
evidence. Prejudice either for or
against the prisoner should be entirely
| dismissed.
| Referring to the alleged failure Of the
| prosecution to show that Miss Patter-
son had any motive which might lead
her to kill Young, Justice Davis in
structed the jury that while it is not
always necessary for the prosecution to
prove a motive. it is important in con-
nection with the other facts. I'm cir
cumstantial evidence" he said, the
question of motive often becomes i'm
portant. but it must not be a motive
that is magned; it must be proved"
Justice Davis defined the various de-
grees of murder and told the jury that
although the defence claimed the pris
oner either was guilty of murder in the
first degree or was innocent, it was for
them to determine. They could find
her guilty of murder in the first de-
gree. in the second degree. of man.
slaughter, or they could render a ver-
dict Of not guilty.
Referring to the several letters which
have appeared in the case, knowledge
OF which was denied by the defendant,
he said that the testimony of the wit
nesses must be carefully weighed. If
Miss Patterson was believed the letters
must be excluded entirely from their
consideration: if not, they must be TAX
Ell at their face value. In this connec-
ton. he said, the jury must give care
full consideration to the question,
whether it is possible that the wit
ness for the prosecution may have lied
for the purpose of aiding the prosecu-
ton or the defendant. On the other
hand again you must consider whether
the defendant was influenced by any
motive to tell an untruth about the let
ters'
OF the absence of J. Morgan Smith
and his failure to appear in the trial, he
said the jury should take no cogniz-
ance. The defendant was to be judged
by her own acts and not by the acts of
others. The rule of law regarding miss
ing witnesses did not apply in this
: case as it had not been shown that it
5 was within the power of the defendant
to produce Smith as witness.
: Judge Davis said that if the defend
ant fired the shot without premedita-
ton she should be guilty of murder in
the second degree. He then explained
that she might be found guilty in the
first or second degree of manslaushter
if not of murder, but added that if
there was a reasonable doubt of her
guilt in any Of the degrees Of homicide
the jury must acquit her.
Judge Davis finished his charge to
the jury at 12.15 p. NJ.
Counsel for the defence asked the
Judge to charge the jury upon the evil
dence of 3. L. Mexican, but the judge
said he had already done so.
| Before going ont one of the Jurors