Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-05-03
Scenes Around the Court House.

| 1880, and ten minutes later Recorder Goff
| began his charge to the jury.
Scenes Around the Court House.
| Remarkable scenes We're witnessed around
the criminal court building ,oday. Early
in the day crowds began to gather. and
hours before the time for opening of court
the corridors were filled with men and
women hoping TO break through the Gordon
of guards around the court room doors on
the first rush. Even in the streets around
the building scores of persons stood eating.
On the Tombs prison side the street
spanned by the bridge of signs was jammed
with people waiting to catch one feeting
glance of the prisoner as she passed the
little, barred, half-open window which
overlooks the street.
AS the hour for the opening of court ap-
preached the regular force of uniformed
guards in the building was quadrupled
every stairway guarded and an officer
stood outside every elevator landing.
Practically every seat in the body of the
court room had been spoken for far in ad-
vance, and 1t seemed as if every favored
one used the privilege accorded, as there
was hardly inch of room to spare long
before the prisoner came in and took her
place beside her counsel
In beginning his charge to the jury Re-
corder Gom said: -.- - IL
Charge to the Jury.
This case has nothing extraordinary in
it. So far as the testimony goes, two per-
sons most spoken of during the entire pro-
ceedings, the deceased, a man of the name
of Young, a race track man, had this de-
fendant to live with him as his mistress
The mans death, because of the personality
of this man Young, had nothing in it to
excite your passions or your prejudlceS. He
was a mere gambler, a race track man.
| Therefore, you should be able to consider
the facts calmly without prejudice and pas
sion.
There is no artificial atmosphere for you
to be excited or distracted by. You must
decide the circumstances without any
thought of the atmosphere, calmly and with
a quiet mind"
Continuing, Recorder Goff said:
"Of course, gentlemen. you must not think
that, because of the humble position OF this
woman. you should not give her the same
consideration if she occupied more ex-
allied position in society. Whatever her po-
sition, she is entitled to the same legal
rights as the most prominent and most con-
spicuous. If there be a reasonable doubt In
this case on the evidence, this doubt must
be thrown into the balance for the defend
ant. A danger lies in the remarks of coun-
sci which might take your mind off direct
issue. You must avoid this danger
The recorder described the two degrees Of
murder and manslaughter in the first and
second degrees, which. he said. he appre-
hended by the request to charge was
thought by counsel to be applicable in the
case, and proceeded:
No Claim of Defense.
'1 understand that there is no claim on
the part of the defense that If the defend
ant committed this homicide it was either
justifiable or eXcusable. 1 also understand
that the defense claims that 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 degree. The cru
cial question is Did the man kill himself or
did this defendant fire the fatal shot?
IF the accused fails to take advantage
OF her privilege to make a defense, under
advice of her counsel. her failure to do so
must in no way be held against her"
The recorder directed that questions
and answers of witnesses which were strick-
en- out upoE objection by counsel must be
disregarded.
Much has been said relating to the mo-
tive which actuated this defendant" he
continued THE prosecution claims that
she shot the man because he had cast her
off as his mistress. But 1t is not necessary
to prove motive to convict of murder. If it
is shown that a motive existed then it
tends to support the circumstances. But to
do this motive must be proved, not imag-
ined."
Might Disregard Smith Testimony.
Before giving the case to the jury Re-
corder Goff ruled on the request to charge
| intcrposed in Miss Pattersons behalf He
refused to submit one of the requests, say
| ing II would be a direction to the jury to
acqut the defendant. He told the jury,
however, that they might disregard the tes-