The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1905-05-05

skeleton in which was exhibited during
Geavor to show that the victim of the
tragedy could not have inflicted the
wound himself.
Ine jury were taken out to dinner
at $50 o'clock. They were surrounded
by platoon of policemen and follow
Ell by great throng. As they made
their way toward Il restaurant the
lurymen were greeted by cries:
Set her free set Nan free; she
deserves it,
1t was 1905 O'Clock when the Jury
returned To the criminal court building
after dinner and resumed its consider
alton of the case
Recorder Con, in his charge to he
jury, said:
You must not think that because
OF the humble position of this woman.
you should not give her the same con-
slderation as If she occupied a more
exalted position in society. Whatever
her position she is entitled TO the same
legal rights as the most prominent aad
most conspicuous. If there be a rea-
sonable doubt in this case on the evil
dence this doubt must be thrown Into
the balance for tne defendant. A dan
ger lies in the remarks of counse.
which might take your mind of the
direct issue. You must avoid :his
danger"
The recorder described the two de-
grees of murder and manslaughter in
the first and second degrees, which, he
said, he Appreciated by the request tc
charge, was thought by counsel to be
applicable in the case, and proceeded:
Il understand that there is no claim
on the part of the defense that il tho
defendant committed this homicide it
was either justifdble or excusable.
also understand that the defense claims
thta the crime was murder in
the first degree or nothing But you
are not bound to accept the arguments
OF counsel as to the nature of this
crime. You are the judges of the facts.
if there was murder, and in what Ge
gree. The crucial question is Did tho
man kill himself or did his defendant
fire the fatal shot?"
''If the accused fails to take advan-
tage Of her privilege to make defense,
under advice of ner counsel, her fail
ure to do SO must in no way be held
against here.
Much has been said relating to the
motive which actuated this defendant" 4"
he continued, "The prosecution claims
that she shot the man because he had
cast her off as his mistress. But it
is not necessary to prove motive to
convict of murder. If it is shown that
motive existed then it tends to sur
part of the circumstances. But 20 do
this motive must be proved, not imag-
ined"
Before giving the case to the .ury
Recorder Goff ruled on the requests to
charge interposed in Miss Patterson $
behalf. He refused to submit one of
the requests saying it would be a direc-
ton to the jury to acQuit the defen-
dant He told the jury, however, that
they might disregard the testimony Of
Julia Smith if they thought it right
to do SO.
He refused to charge requests con-
cerning Pawn Broker Stern and the
failure of the defense to call J. Morgan
Smith He said that claims on either
side were not to be considered as evil
dence. After gong over the requests,
one by one, Recorder Golf told the jury
it was not necessary that there should
be direct and positive evidence as to
everything and it was sufficient that
the facts be proven.
eff you believe it was a physical i'm
possibility SO far as the nature of the
wound was concerned for Young to
have shot himself then that is fact,
said he, "but you must remember taat
one inference cannot be proven by an
other inference.
eff you believe the defendant fred
the shot without deliberation or in
tent to kill. but in a moment of pas
sion. then you may find her guilty of
one of the other degrees of man
slaughter. In reaching your conclusion
you must not be swayed by sympathy
or other influence