Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-12-22
FATE IN JURY'S HANDS
Nan Patterson Case Given
Jury at Noon Today.
THE JUSTICES CHARGE
MUCH SPECULATION IN COURT
ROOM OVER A VERDICT.
Result Not Expected Until Late This
Afternoon-Remarka Self-Pos-
session of Prisoner.
THE JUSTICES CHARGE

The fate of the former actress,
Nan Patterson, is now in the hands
of the jury. There is much diversity
of opinion as to the verdict, but it
is generally believed in and around
the court house that it will be either
acquittal or disagreement. A ver-
dict is not expected until late this
afternoon.
NEW YORK, December 22-Even with
the verdict of the jury yet to come, Nan
Patterson, who for more than six months
has been locked up in the Tombs prison
charged with murder, felt today that the
hardest part of her ordeal was past To
the verdict, she said, she has all the time
looked forward only with pleasure. On that
point she has had no fear. 1t was the long
wait, the disheartening Interruptions and
delays and the nerve-racking strain of the
long trial that inspired her with dread.
The merciless arraignment of Prosecutor
Rand which she knew would come before
the end, she had feared would be hardest
to bear. Today with al! that behpd her,
she said that she felt perfectly at ease and
which she knew would set her free.
Can Face Day Without Flinching.
Il have passed through so much" she
said, that 1 feel 1 can face another day
without fiinching. The Judge 1 know, will
not be cruel to me, and the tones of his
voice will never rise to the harsh pitch of
accusation.
His charge, as I understand it, will be
much for against me, and when he
has finished it will only remain for the
twelve grim-faced men in the jury box to
determine whether l am guilty or innocent.
l feel that they will give me my freedom.
Even with the terrible words of Mr..
Rand ringing in my ears l cannot believe
that they could set their wills against me
and send me condemned to death to one
of those little cells with the iron door that L
read of in Roland Molineux's book. Black
as l have been painted, cannot think that
they will take my life for crime L never
committed
Plans for Departure.
Before leaving her cell in the rombs
prison today Nan Patterson packed up all
her belongings, including the many little
knicknacks which had accumulated during
her long occupancy.
Grips and suit cases locked and ready for
removal stood by the door as she started
on what she believed would be her last
Journey across the bridge of sighs. 81
know, 1 know 1 will be free before night
she said. Il wanted every single thing to
be packed and ready. l don't want to have
to come back here for a thing
There was a slight delay in the beginning
of the trial today, but when the prisoner
was brought in the final details were
ranged quickly and Judge Davis at once
began his charge to the jury,
Justice Davis Charge.
Justice Davis In his charge informed the
i,4rN- bat W. not to m
the evidence which had been placed before
them. He would instruct them only as to
the rule of the law to the end that they
might arrive at a careful and just conclu-
sion. 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 pris-
oner should be entirely dismissed. Re-
ferring to the alleged failure of the pros
ecution to show that Miss Patterson had
any motive which might lead her to kill
Young Justice Davis instructed the jury
that while it Is not always necessary for
the prosecution TO prove motive, 1t IS
important in connection with the other
facts.
Circur>stantial Evidence Defined.
In clrcumstantial evidence said he,
1.-THE question of motive often becomes I'M
portant; but it must not be a motive that
Is lmdSlneui IL must De pIONeu
Justice Davis defined the various degrees
of murder and told the jurors that although
the defense claimed the prisoner 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 degree in the second degree, of
manslaughter, or they could render YER
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 witnesses must
be carefully weighed. If Miss Patterson
was believed the letters must be excluded
entirely from their consideration; If not,
they must be taken at their face value.
Question of Veracity.
In this connection, he said. the jury must
give careful consideration TO the question
Whether it is possible that the witness for
the prosecution may have lied for the pur-
pose of aiding the prosecution or the de-
fendant On the other hand, again, you
must consider whether the defendant was
influenced by any motive to tell an un-
truth about the letters"
OF the absence of j. Morgan Smith and
his failure to appear in the trial, he said
the jury should take no cogniZance. The
defendant was TO be judged by her own
acts and not by the acts OF others. The
rule of law regarding missing witnesses
did not apply in this case, ii had not
been shown that 1t was within the power
OF the defendant to produce Smith as wit
ness.
Judge Davis said that II the defendant
fired the shot without premeditation she
would be guilty of murder in the second
degree. He then explained that she might
be found guilty in the first or second de-
gree of manslaughter. if not of murder but
added that If there was a reasonable doubt
of her guilt in any of the degrees of homi
eide the jury must acquit her.
Judge Finished Charge.
Judge Davis finished his charge to the
jury at 12:l5 pm. Counsel for the defense
asked the judge 10 charge the jury upon
the evidence of b. L. Mexican. but the
judge said he had already done so.