Waterbury evening Democrat., 1904-12-23

o'clock the twelve men were escorted to Park row restaurant for lunch and an hour afterward again took up the case. At t7;3o o'clock court officers again opened the jury room, and the men went to dinner They were sol- emn looking lot, and during the meal there was little conversatio and few CT smiles. It was over an hour later z. The fudge adjourned his court late in the afternoon, saying that if verdict was reached before Il o'clock he would return to the building.
 Justice Davis charge in the morning was purely legal address without any flavor of eloduence He explained te { the jury the various verdfcts of honais eide they could br4ng against the de. fendant.
 He said that if they found that the young prisoner had deliberately and with reconciliation killed Caesar Young the first degree, for which her life would have to be sacrificed.
 Then he explained to them if they found there was some grave element of deliberatfon Sor prem meditation Hacking, but that she had Killed the bookmaker, they could bring in verdict of murder ir the second degree, for which sr4e would have to suffer life Imprisonment.
 Concluding his charge Judge Davis said: @
 Where it may appear that the de fendant has wilfully violated the law of this state the people are entitled to your conscientious deIiberat tion and verdict. You are the sole judges of the facts-nothing more.
 The theory of suicide has not been sonfng accordingly.
 The law does not declare that there shall be proof beyond all doubt, but beyond reasonable doubt
 '"The claim of the people is that this defendant armed herself with re- Yolyer and with reconciliation and de liberation killed Caesar Young. You are not bonnd by any differences of counsel, but must abide by your own judgment
 There is nothing in the evidence to show that J. Morgan Smith had any thing to do with this case. The de- fendant must not be judged by the acts of others. Smiths absence must not be held against the prisoner.
 ''It> is for you to determine whether this defendant killed Caesar Young or Young killed himself
 He spoke in a soft tone. but with clearness of enunciatioh that carried to every corney of the big room. He kept his face turned directly upon the jury and talked at each and every member Of it. He never once looked the way Of the prisoner from the time ne began until he concluded with the wordsa
 '.Gentlemen of the jury, you may now retire to dehberate.''
 Shortly after midnight the jurors gave up. hope of coming to an agree ment and disposed themselves for the night as comfortably as possible Some rolled their overcoats into pillows and sought slumber on the floor, while oth- CTS tilted their chairs against the walls and with their feet upon the table tried to sleep.
 It was understood by the officers in charge that the jurors were worn out with their Iabors and would not at- tempt to argue during the night. 1t was also whispered that the jury might go into court this morning and report to Judge Davis that it was unable to agree.
 The prisoner tossed on cot in the Tombs without knowing whether the jury in1paneIed3 in. her case had de- eided that she was innocent or guilty Of the murder of Caesar Young.
 She had been consoled by one of her attorneys. Daniel O'Reilly, with the statement that there was no possibility of her conviction, but she remained in deadly fear.