The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-12-22

second degree or manslaughter, or they
could rendered verdict 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 conSid-
Grafton; if not they must be taken at
their face value. In this connection he
said the jury must give careful conSid-
Grafton to the question: Whether it is
possible that the witness Tor the prose-
cution may have lied for the purpose
of aiding the prosecution of the defend
ant. On the other hand, again you
must consider whether the defendant
was influenced by any motive to tell an
untruth 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 cogniz-
ance.
The defendant was to be judged by
her own acts and not by the acts of 9TH
ers. The rule of law regarding missing
witness did not apply in this case as
it had not been shown that it was with
in the power of the defendant to pro-
duce him as witness.
Judge Davis said that if the defend
ant fred 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 first or second de-
gree of manslaughter if not of murder,
but added 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 1915 .. m.
Counsel for the defense asked the
judge to charge the jury upon the evil
dence of B. L. Mexican, but the judge
said he had already done so.
Before going out one of the jurors
asked for the pistol in the case so as
to make tests with it.
Jury Goes Out.
When the jury had left the court room
the police officer in charge of Nan Pat
terson escorted her out of the court
room to await the verdict and she fol-
lowed the officer with a quick firm step.
AS she passed her father he gave her a
parting hand clasp. Soon after the jury
retired the court took a recess until 2
o'clock.
The jury went to lunch shortly before
o'clock. The gossip in the court room
was that a disagreement was not un-
likely. This report was based on
the facts that one of the jurors had ask
ed for information concerning some OF
the exhibits in the case.
An immense crowd of curious people
thronged the corridors awaiting the
verdict.
In the long hour and a quarter occu-
pied by the judges charge to the jury,
Miss Patterson bore herself we'll The
paIIor of five months in the TombS was
touched a clearer white by the strain
under which she labored, but only that
and the sustained rigor of er attitude
BETRAYED the tension of her nerves. She
was gowned in black, the only touches
of color being a purple enamel pansy
tipped with diamonds, which she wore
on her breast, and, peeping from the
black collar of her dress, narrow
ruching, as white itself as the skin
against which it rested. Her black hat
was up tilted from her brow and the
thin net veil which depended from il
did not conceal the finely moulded
chin and full lips which though child
like are oddly firm. Once or twice she
turned and murmured a word to her
white haired father who was at her
side, but the fixed expression of the
girls face never changed and her lips
hardly moved. With hands claSped in
her lap, her shoulders held slightly
forward and not once seeking the sup
port of her chair back, she sat almost
immovable while the jury received its
Instructions The gaze of her gray
thing of the look of a frightened child,
hardly wavered from the judges face.
Once when Caesar Young's name fell
from the judges lips she quickly
placed inc black gloved hand on the
table, gave a little start and then with
a deep quivering breath that seemed to
expand her yhole slight frame, she
fel Into her wOnted fixed and strained
position.
Sir Charles Wyndham, the English
actor, who occupied a seat inside the
rail, was pointed out to her by her
father, and she stared curiously at the
man who stands for so much in that
world in which she had once so brief
ly f1uttered, and once he turned and
bent his fiaze on her, his big glasses
seeming to shine with benevolence and
cheer.
Almost Collapsed.
When the big clock pointed to the
noon hour and factory whistle shrill-
ed through the silent court room, for
the first time the slight black robed
figure relaxed. The sound of the whis-
tie seemed to break the rigidity of her
frame. She raised both hands to the
table, lightly clasped, dropped her eyes
and heaved a great sigh. 1t was the
yielding of taut nerves and fleXed mus
cleS and sent rush of moisture to her
eyes. She blinked them rapidly, slipped
a glass of water, and then, her compos-
ure once more her own bent that cloud
ed stare upon the judge. 1t was evil
dent that she was under tremendous
stress and was compelling self control
with the greatest effort. But the effort
was successful and not one sound or
movement was marked enough to be
apparent beyond those who sat with
her at her counsePs table. When the
judge had concluded his charge and the
usual formalitieS gone through with a
bailiff slipped to her side.
Where do go to?" she almost whis-
pered in a plaintive voice.
up stairs" he replied and with quick
steps she was led back to the Tombs
where she passed the long moments OF
waiting.
For the first time since the trial be-
gan Miss Patterson refused to take
lunch during the court recess. She was
so nervous she could not eat. Most
of the time she paced up and down
her cell while she waited for the sum-
mons to court to hear the verdict.