The Savannah morning news., 1904-12-23
NAN PATTERSON
HAS A HUNG JURY.

Continued from First Page.
the jury would set you free and send
you to me tonight. l dreamed last
night that you were with us again
and it was Christmas Day. God grant
that the dream comes true, Nance, and
that 1 will soon have my little girl
again."
At 10 o'clock the crowd of morbidly
interested people about the Court
House gathered on the White street
side of the building, where they could
see the little room in which the Nan
Patterson jury was sitting. This room
is on the second floor of the structure,
and though the curtains were drawn
any movement made on the inside was
plainly silhouetted.
Half of those gathered were wom-
en- and for a time the people were
quiet. Finally, however, becoming inn
patient. various cries were set up, di-
rected at the jurymen, and this was
continued for a long time.
shortly After Noon Jury Retired.
The jury began it's work of consid-
ering the evidence at 1925. At
o'clock twelve men were escorted to a
Park Row restaurant for lunch and
an hour afterward again took up the
case. At 7:30 o'clock officers again
opened the jury room and the men
went to dinner. The men were a SOL
emn-looking lot, and during the meal
there was little conversation and fewer
smiles.
To-days proceedings consisted of the
charge to the jury by Justice Davis,
lasting somewhat over an hour. He
outlined the law and then sent the
jury away. The judge adjourned his
court late in the afternoon, saying that
if a verdict was reached before II
o'clock he would return to the build
ing.
Charge of the Judge.
Justice Davis in his charge informed
the jury that ii was not his duty to
interpret the evidence which had been
placed before them. He would instruct
them only as to the rule of law to
the end that they might arrive at a
careful and just conclusion. Referring
to the alleged failure of the prosecution
to show that Nan Patterson had any
motive which might lead her to kill
Young, Justice Davis instructed the
jury that while it is not always neces-
sary for the prosecution to prove a
motive, 1t is important in connection
with the other facts. ''In circumstan-
tial evidence" he said, the question
of motive often becomes important; but
1t must not be a motive that is lima GIN
ed it must be proved"
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. II
Nan Patterson was believed, the letters
must be excluded entirely from their
consideration; If not. they must be
raken at their face value. In this con-
nection he said the jury must give
careful 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
letters"
smith Not to influence Them.
OF the absence of ]. Morgan Smith
and his failure to appear in the trial.
he said the jury should take no cogni-
zance. The defendant was to be judged
by her own acts and not by the acts
or others. The rule of law regarding
missing witnesses did not apply in this
case. as II had not been shown that
IL was within the power of the defend
ant to produce Smith as a witness.
Judge Davis said that II the defend
ant fired the shot without premedita-
ton she would be guilty of murder in
the second degree. He then explained
That she might be found guilty in the
hrst or second degree of manslaughter,
X not of murder. but added that II
there was n reasonable doubt OF her
quit In any OF the degrees OF homicide
the jury must acquit her.
bore Herself Well.
In the long hour and a quarter oc-
cupied by the Judges charge TO the
Jury the prisoner bore herself well.
The pallor Of 1--WE months IN the TombF
was touched a clearer white by the
strain under which she labored, but
only that and the sustained riROr II
Der attitude betrayed the tension of her
serves. She was ROwned ia black the
only touches Of color being n purple
enamel pansy tipped with diamonds,
Nmfh she wore on her breast ana
ReepinR from fhe black collar ~ her
dress, narrow white ruehinR once
when Caesar Younga name fell from
ihe Judges iipa she quickly placed one
black gloved Hand on tho table. gave y
Ntue start. and Then VITA deep
quiyerrH breath that seemed 20 81.
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