The sun., 1904-12-23

| VINO were WeitlnS WIN Her-Sne bet
in the General Sessions Pen All the
EyeuIng-"I Can't Understand It," she
Said-Crowd Around the Building ~
Nishfali-Judge Charges That the
| Verdict May he tcquittal, Murder
| In Either Degree or Manslaughter.
| The Nan Patterson jury was looked up
| at l:20 o'clock last night and nothing will
| be heard from them until 1880 O'Clock this
| morning. There were two rumors as TO
how the jury stood. One had it 0 to Q for
murder in the first degree and acquittal,
and the other, nine for manslaughter in
the first degree, two for manslaughter In
the second degree and one for acqlnttal
Nan, who had been awaiting a verdict
of some kind in the pen OF Part Of Cen
eral Sessions, was led back to the Tombs.
Her father kissed her good night. She
was very much distressed. The strain
which she has been under for three weeks
showed itself last night and she was on the
verge Of collapse.
| One Of her counsel Dan O'Reilly, waited
in the courtroom to be ready to notify
Abe Levy should a verdict be reached.
Assistant District Attorney Garvan repre-
sented the District Attorneys Office.
At II o'clock Justice Davis telephoned
from his house to the court Capt. Lynch
Of the court squad went into the jury room
and found out that there had been no agree
ment. For a few minutes there was some
confusion. At first it was said that Justice
Davis had said that he would give the jury
another half hour TO think over Mans fate
But before the half hour had elapsed it was
announced that the jury had been locked
up for the night.
If there Is a disagreement Nan will be
tried again, it was said on good authority
last night. 1t was also said that O propo-
sition to reduce the bail-$20, ,0O0-whioh
District Attorney Jerome said he would
accept would not be considered. In the
event of disagreement another effort
will he made TO find J. Morgan Smith.
Justice Davis had told the jury that
he would await their verdict until II p. M,
II need be and at Ii would lock them up
for the night. When the night wait began
after the jury had been out to supper and
returned, the defendant, under orders
from Justice Davis, was brought from
the Tombs and allowed to await the verdict
in the pen outside Part I'LL, General Ses-
sions, on the second floor. Some Of her
counsel were with her at times and her
father remained with her.
Rumor at els O'Clock had the jury dead
locked, with half for acquittal and ths
other half for conviction. The general
impression then was that there would either
be a disagreement or a compromise on
one Of the lower degrees OF homicide.
When Nan was told at II o'clock that no
agreement had been reached she said TO
Dan O'Reilly, one Of her counsel;
Il can't understand it. am astonished
that these men do not agree on my inno-
cence. ] can't understand why they do
not believe the story told on the witness
stand OF the death Of Cesar Young. I
know that there is one man on the jury
who IL causing all this trouble
Mans father said that che had been
getting a number of letters during the
last few days from all parts OF the country.
These he characterized as bug letters
letter from Washington written yester-
day by her sister May Queen, is exhibited.
IT read
DEAR NAN: Father telegraphed to me
that we might look for you tonight be-
cause, he says in his telegram. that he
felt sure the jury would set you free. /
had q dream that you were with us around
the flreside here and that it was Christmas
Day. God grant the dream will come
true
She also had letter from her mother
Last Day OF the Trial.
There was a great scramble to get into
the court room at Ii o'clock in the morning.
Only those who had been provided with
cards Of introduction from officials or who
bad business there were admitted. Nan
was little paler than usun. but her kan
garoo walk had lost none Of its sprightlinese.
Her father kissed her as usual. As she left
the Tomhs the women prisoners shouted:
Good by, Nam don't come back. Good
luck!'
In his charge Justice Davis told the jury
that the defendant might be convicted
OF any one OF four crimes, murder In the
first or second degree or OF manslaughter
in either degree. and that they were not
to be guided by the statement Of counsel
for the defendant that she must either be
found guilty Of the capital offence or be
acquitted.
He told them not to consider the so-oalled
letter Of warning sent by the defendants
sister to Young unless they we're satisfied
that the defendant herself was a party to
sending IL.
After referring to the disappearance OF
the j. Morgan Smiths, Justice Davis said
There is no evidence in this case that J.
Morgan Smith has fled You must not con-
slider any such fact. The failure OF Smith
to appear at this Trial as witness cannot
be used against the defendant.
In conclusion Justice Davis said:
The people claim that they made their
case by circumstuntial evidence. Crcum-
stantial evidence Is legal evidence. and the
jury is bound to regard II as such. II all
the circumstances together point to the ruilt
OF the accused person, the jury must accept
that crcumstantial evidence as proof.
II the facts and circumstances are OF such
a nature that some facts point to the ruilt
and others TO the innocence OF the defendant.
Treat for Xmas and New Tears.